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Home My WebLink About2015-08-12 BAA MINUTES, • • • ~ 1. Call to O rde r CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND AP PEAL S MINUTES AUGUST 12, 2015 The regular meeting of the Englewood Board of Adjustment and Appeal s was call ed to order at 7 :00 p .m. in the Englewood City Council Chambers, Cha ir Green presiding . 2 . Roll Ca ll Presen t: Angela Schmitz, Carson Green, Ra ndal Friesen, Tom Finn, Writer Mott, Jedidiah Williamson, Stac ie Flynn (Alternate ) None Sue Purdy, Absen t: Staff: Audra Kirk, Planner I Dugan Comer, Deputy City Attorney Cha ir Green stated there were seven members present; therefore, five affirmative vote s are required to grant a variance or appeal. Cha ir Green stated that the Board of Adjustment and Appeals is empowered to grant or deny variances by Part Ill, Section 60 of the Englewood City Charter . Variances granted by the Board are subject to a 30-day appeal period . Variances are effective at the end of the appeal per iod. Building permits for construction associated with an approved variance will not be issued until the appeal period is ended . Building permits must be obtained and construction begun within 180 days of t he variance's effecti ve date . Chair Green set forth parameters for the hearing: The case w i ll be introduced; applicants will present their request and reasons the variance should be granted; proponents will be given an opportunity to speak; opponents will address the Board; and then staff will address the Board . Staff will give a preliminary overview of the variance before testimony is taken . [?] 3. Slate Communications Slate Communications provided a brief update on the City's brand ing initiative . Three logo options were presented and discussed . ~ 4. Public Hearing VAR2015-011 4145 South Huron Court Cha ir Green opened the pu bl ic hearing stat ing he had proof of posting and publication . He introduced the case stating the ap pl icants are requesting a variance to reduce the minimum 1 • • • 20 foot rear setback by 8 feet to construct a deck addition to an existing residence. This is a variance to Table 16-6-1 .1 of the Englewood Municipal Code. ~ Audra Kirk, Planner I was sworn in . Ms . Kirk provided a brief overview of the property and the var iance request. Ms. Kirk answered questions from the Board . The deck is not covered and is 30 inches above grade. ~ Jeff Collins and Tonya Friess, 4145 South Huron Court, were sworn in . The lot is peculiar since it is only 76 feet deep. There is only a 24 foot setback in the rear. Mr. Collins and Ms . Friess answered questions from the Board. The 4 foot railing blocks the view into the neighbor's yard even more than looking through the windows. The deck will be less disruptive to the neighbors. There are also trees along the fence. [?] Ms. Kirk stated the house was purchased in 2014; therefore, the homeowners are not responsible for the location of the house on the site. Ms. Kirk answered additional questions from the Board . Mr. Finn asked for clarification on rear setbacks for shallow lots and the effective date of the Title. Deputy City Attorney Comer clarified the "Title" refers to Title 16 of the Unified Development Code which was adopted in 2004. Since the lot is le ss than 100 feet, the setback is reduced to 15 feet which makes the variance only 3 feet. l?@ There were no other persons present to testify for or against the variance. Chair Green incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2015-011, 4145 SOUTH HURON COURT, BE GRANTED A VARIANCE TO REDUCE THE MINIMUM 15 FOOT REAR SETBACK BY 3 FEET TO CONSTRUCT A DECK ADDITION TO AN EXISTING RESIDENCE. THIS IS A VARIANCE TO SECTION 16-6-1:F.4(e) OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Tom Finn Seconded by Writer Mott The Board discussed the variance request and the criteria . ~ With no further discussion, the secretary polled the members' votes. Mr. Friesen voted yes. The site is unique . It will not affect public health, safety or welfare. It will not permanently impair the use or development of adjacent properties. It is not a self- imposed hardship . 2 • • • Mr. Mott voted yes . The lot is a unique shape. The variance is consistent with the intent of the R-1-C zone district. The surrounding properties are already developed. Many of the properties have decks and patios . The neighbor notification received was in favor of the request. It is not a self-imposed hardship. The deck has not been built. The homeowners have no control over the size and shape of the lot. Ms . Schm itz, Mr. Williamson, Ms . Purdy, Mr. Finn, and Chair Green voted yes, concurring with Messrs. Friesen and Mott. Vote: Motion passed by a roll call vote (summary: Yes=7 No=O ) Yes: Carson Green, Tom Finn, Sue Purdy, Writer Mott, Randal Friesen, Jedidiah Williamson, Angela Schmitz No: None Absent: None Abstain: None Motion passed. ~ 5. Request for Rehearing Lone Star Trust 3560-3590 South Clarkson Street Chair Green stated the Board received a Request for a Rehearing from Lone Star Trust for property located at 3560-3590 South Clarkson Street. ~ MOTION: TO ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LEGAL MATTERS AS AUTHORIZED UNDER C.R .S 24-6-402-4 (B) Moved by Angela Schmitz; Seconded by Tom Finn Yes: Carson Green, Tom Finn, Sue Purdy, Writer Mott, Randal Friesen, Jed idiah Williamson, Angela Schmitz No: None Absent: None Abstain: None Motion passed. Executive Session was convened at 8:00 pm. [?] The regular meeting reconvened at 8: 1 5 pm . MOTION: TO REHEAR SETBACK VARIANCE REQUEST FOR 3560-3590 SOUTH CLARKSON STREET. 3 • • • Moved by Writer Mott; Seconded by Tom Finn rM The Board discussed the criteria for a rehearing and reviewed the ev idence . With no f urt her discussion, the secretary polled the members ' votes . Ms . Schmitz voted yes. The grade issues will benefit from a clearer presentation. Mr. Mott voted yes . The larger site plan will permit the Board to evaluate the topograph y better and determine if the alternatives are reasonable . Mr. Friesen, Ms . Purdy, Mr. Finn, and Chair Green voted yes, concurring with Ms. Schmitz and Mr. Mott. Vote: Motion passed by a roll call vote (summary: Yes =6 No=O ) Yes: Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Angela Schmitz, Carson Green No: None Absent: None Abstain: Jedidiah Williamson Motion passed . t?lJ MOTION: TO REHEAR ZONE OF TRANSPARENCY VARIANCE REQUEST FOR 3560-3590 SOUTH CLARKSON STREET. Moved by Writer Mott; Seconded by Tom Finn The Board discussed the evidence and criteria. With no further discussion, the secretary polled the members' votes . Mr. Friesen voted no. Additional evidence that was not available at the hearing was not submitted regarding the issue of transparency. Ms . Schmitz and Ms. Purdy voted no, concurring with Mr. Friesen. Mr. Mott voted no. Photos were presented at the public hearing that showed the location of the windows; therefore, there is no new additional evidence. Mr. Finn voted yes. After receiving the legal interpretation during Executive Session, the Board should rehear the issue of transparency . Chair Green voted no. The Board's understanding was accurate when it made its decision and no new evidence has been submitted that will affect that decision . 4 • • • Vote: Yes : No : Absen t: Abstain: Motion failed by a roll call vote (summ a ry: Yes =1 No=S) Tom Finn Randal Frie sen, Sue Purd y, Writer Mott, Angela Schmitz, Carson Green None Jed idiah Wil liams on Motion failed. Lt] 6. Approval of Minutes MOTION: TO APPROVE THE JULY 8, 2015 MINUTES. Moved by Randa l Friesen; Seconded by Tom Finn Vote: Motion passed by a roll call vote (sum m ary: Yes =7 No=O ) Yes : Randal Friesen, Tom Finn , Sue Purdy , Writer Mott, Angela Schmitz, Carson Green, Jedidiah Wi lliamson No: None Absent: Abstain: Motion passed None None 7 . Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-009 , 3555 SOUTH CLARKSON STREET. Moved by Randal Friesen; Seconded by Writer Mott Vote: Motion passed by a roll call vote (summary: Yes =7 No=O ) Yes: Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Angela Schmitz, Carson Green, Jedidiah Williamson No: None Absent: None Abstain: None Motion passed . [?1J 8. Staff's Choice There are no cases for September. If Lone Star Trust choses to move forward, the publ ic hearing on the rehearing for the setback variance will be on October 14, 2015 . 5 • • • 9 . Attorney's Choice Mr. Comer had nothing further . [llJ 10. Board Member's Choice The Board had nothing further . 11.Adjourn The meeting adjourned at 8:30pm 6