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HomeMy WebLinkAbout2015-10-14 BAA MINUTES• • • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APP EALS MINUTES OCTOBER 14, 2015 1 . Ca ll to O rder The regular meeting of the Englewood Board of Ad justment and Appeals was called to order at 7:00 p.m. in the Englewood City Council Chambers, Chair Green presiding. 2 . Roll Call Present: Angela Schmitz, Carson Green, Randal Friesen, To m Finn , Sue Purdy, Writer Mott, Stacie Flynn (Alternate) Absent: Jed id iah Williamson (Excu sed ) Staff: Audra Kirk, Planner II Dugan Comer, Deputy City Attorney Chair Green stated there were seven members present; therefore, five affirmative votes a re required to grant a variance or appeal . Chair 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 . V ariances granted by the Board are subject to a 30-day appeal period. Variances are effective at the end of the appeal period . Build ing permits for construction associated with an approved variance will not be issued until the appeal period is ended. Building permits must be obtained and construct ion begun within 180 days of the variance's effective date. Chair Green set forth parameters for the hearing : The case will be introduced; applicants will p res ent 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 befo re testimony is taken . ~ 3. Public Hearing VAR2015-012 Trevor Sager 2998 South Downing Street Chair Green opened the public hearing stating he had proof of posting and pub li cat ion. He introduced the case stating the applicants are requesting a variance to exceed the three (3 ) foot maximum fence height by three (3 ) feet within the twenty-five (25 ) foot front setback. This is a variance to Table 16-6-6.2 of the Englewood Municipal Code . Mr. Finn recused himsel f from the case due to a conflict of interest. With six members • present for the case, five affirmative votes are required to grant the variance. • • [1lJ Audra Kirk, Pl anner II was sworn in . M s. Kirk provided a brief overview of the property and the varian ce request. Ms . Kirk testified that the fence was constructed with a permit; it is not a hardship caused by the owners . She re viewe d the permit application and approved it in error; however, she believes the property is a good candidate for a variance . M s. Kirk answered questions from the Board . If the variance is not granted, the fence will need to be removed. [1lJ Ms. Mellissa Sager, 2998 South Downing Street, was sworn in . The fence wa s built for the safety and security of her daughter. The property does not have a front or back yard in which she can play . Ms. Sager answered questions from the Board . The front door faces Cornell, with no door facing Downing . The entire fence was constructed at the same time. Ms . Sager testif ie d that a four foot fence would not be safe with the vehicular and pedestr ia n traffic on Downing . Chair Green stated the fence is out of character for the neighborhood with a tall, fenced-in front yard. Mr. Friesen asked where the fence stopped . Ms . Sager responded that it stops at the front door. Ms . Sager reiterated that she and her husband thought they were bui lding the fence according to the City's regulations . Ms. Kirk answered additional questions from the Board . The variance is needed for the portion of the fence that is within the 25 foot setback parallel to Downing Street as well as the first 25 feet of the north and south property lines . Fences can be built on property lines . The corner lot regulations specify that the short side of the block is t h e front of the property. If the fence were a four foot, open fence, it would not need a variance . [1lJ 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 VAR2015-012, 2998 SOUTH DOWNING STREET, BE GRANTED A VARIANCE TO EXCEED THE THREE FOOT MAXIMUM FENCE HEIGHT BY THREE FEET WITHIN THE TWENTY-FIVE FOOT FRONT SETBACK. THIS IS A VARIANCE TO TABLE 16-6-6.2 OF THE ENGLEWOOD MUNICIPAL CODE . • • • Moved by Angela Schmitz Seconded by Writer Mott [tlJ The Board discussed the variance request and the criteria. Chair Green stated t hat the fence does affect sight lines, but a four foot fence would probably as well. Further, he believes it is out of character for the neighborhood. Ms. Schmitz and Ms. Purdy recalled the Board approving similar variances. There are unique physical conditions due to the corner lot and the orientation of the house. It is unfair to the homeowner to pay for a fence that was approved and then make them take it down. ['?] With no further discussion, the secretary polled the members' votes. Mr. Friesen voted yes. There are unique physical conditions due to the orientation of the house. It is consistent with the neighborhood. The variance does not impair safety; it improves safety for the homeowners . It will not impair development of the adjacent properties. Given that the City approved the fence permit and the fence is built, it is not a self-imposed hardship . Ms . Flynn, Ms. Schmitz, Mr. Mott, Ms . Purdy, and Chair Green voted yes concurring with Mr. Friesen . Vote: Motion passed by a roll call vote (summary: Yes=6 No=O ) Yes: Carson Green, Sue Purdy, Writer Mott, Randal Friesen, Angela Schmitz, Stacie Flynn No: None Absent : Jedidiah Williamson Abstain : None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. Mr. Finn returned to the dais . [?lJ Public Hearing VAR2015 -013 Lone Star Trust 3560-3590 South Cla rkson Street Chair Green opened the public hearing stating he had proof of posting and publication. He introduced the case stating the case is a rehearing on the applicant's request for a variance • • to exceed the required maximum front setback from ten (1 O) feet by thirty-eight (38) feet. This is a variance to Table 16-6-1 .1 a of the Englewood Municipal Code. Ms. Flynn recused herself from the case since she was not prese nt fo r th e original publi c hearing. With six members present for the case, five affirmati ve votes are required to grant the variance. [!] Audra Kirk, Planner II was sworn in. Ms . Kirk provided a brief o verview of t h e property and the variance request. Ms . Kirk answered questions from the Board . lt] Tom Swinehart, 950 East Harvard Avenue, Suite 630, was sworn in . Mr. Swinehart stated he spoke to the City's traffic staff and was informed that any driveway curb cut must be a minimum of 20 feet from the end of the turn radius. The property cannot be accessed by moving the building north and having the driveway to the north of the building . The grade is too steep; it goes from 52 feet to 66 feet which is too steep to build a driveway. According to the City's traffic department, the grade cannot be steeper than eight percent. Even if the 20 foot curb cut requirement is met, traffic will still be impaired . COOT will not approve access off US285 . The only feasible option is to move the building further back off Clarkson. The driveway must be a minimum of 30 feet w ide. If the variance is not granted, there is no way to develop the property . Mr. Swinehart and Mr. Friesen discussed the depth of the sewer line. Mr. Friesen presented an alternative option of building a retaining wall; leveling the site, and building the structure at the required setback . This option could be achieved as economically as the applicant's plan. Another option is to move the building to the front setback and further toward the north property line. Ms . Schmitz asked if an engineer or architect had been hired . Mr. Swinehart responded that a surveyor was hired when the property was originally surveyed. He drew on top of the survey . ~ John Coates, attorney for the Lone Star Trust, addressed the Board . The topography of the site is a problem . The issues are due to the property not because of anything the applicant has caused. The variance does not affect the character of the neighborhood. The property is in a transition zone. The use is consistent with the medical district. The adjacent area is already developed . • • • There we re n o othe r persons present to te st ify for o r against the var iance . Cha ir G reen incorp o rated t he st aff repo rt and ex hibits in to t h e record and closed the pub lic h ear ing. MOTION: THAT CASE VAR2015-013, 3560-3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO EXCEED THE REQUIRED MAXIMUM FRONT SETBACK FROM TEN (10) FEET TO THIRTY-EIGHT (38) FEET. THIS IS A VARIANCE TO TABLE 16-6-1.1a OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Writer Mott Seconded by Ra n da l Fr iesen The Board discussed the variance request and the criteri a. With no further discussion, the secretary polled the members' votes. Mr. Friesen voted no . While there are physical cond ition s to the si te, they are not insurmountable . It is inconsistent with the intent of the zoning . There a re other options; therefore, it is a self-imposed hardship . The building can be bu ilt t o m ee t the zoning requirements. M s. Schmitz voted yes . The topography creates unique physic a l condition s. There are no public, health, or safety issues . It will not alter the character of the neighborhood . Mr. Mott voted yes. The steep topography and the location on Hampden Avenue meet the criteria for unique conditions . It does not create any health or safety issue s. The proposed access point actually makes it safer . Constructing a medical offi ce bu il d i ng at this location makes sense g iven the neighborhood . It does not change the character of the neighborhood . The hardship is based on the condition of the lot. Mr. Finn, Ms . Purdy, and Chair Green voted yes concurring with Ms. Schm it z and Mr. Mott. Vote: Motion passed by a roll call vote (summary: Yes=S No=1 ) Yes: Carson Green, Tom Finn , Sue Purdy, Writer Mott, Angela Schmitz No: Randal Friesen Absent: Jedidiah Williamson Abstain: None Motion passed . The Chair instructed the applicant to contact staff for any additional or necessar y i nformation . [llJ • 4. Approval of Minutes • • lt] MOTI ON : TO APPROVE THE AUGUST 12, 2015 MINUTE S Moved by Randal Friesen; Seconded by Writer Mott Vote: Yes : No: Absent: Abstain : Motion passed by a roll call vote (summary: Yes =7 No=O ) Carson Green, Tom Finn, Sue Purdy, Writer Mott, Angela Schmitz, Stacie Flynn, Randal Friesen None Jedid iah Williamson None 5. Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-011 , 4145 SOUTH HURON COURT Moved by Writer Mott; Seconded by Tom Finn Vote: Yes: No: Absent: Motion passed by a roll call vote (summary: Yes =7 No=O ) Carson Green, Tom Finn, Sue Purdy, Writer Mott, Angela Schmitz, Stac ie Fl ynn, Randal Friesen None Jedidiah W il liamson Abstain: None 6. Staff's Choice Ms . Kirk stated there is one case for November; and the meeting has been moved to Thursday, November 19 due to the Veteran's Day holiday. [t1J 7. City Attorney's Choice Mr. Comer had nothing further. ·[!] 8. Board Member's Choice The Board had noth ing further .