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Home My WebLink About2015-11-19 BAA MINUTES!Ji En·glewood BOARD OF ADJUSTMENT AND APPEALS MINUTES NOVEMBER 19, 2015 Secretary's Note: Due to technical difficulties, there is no audio available for this meeting. 1. Call to Order The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:00 p.m. in the Englewood City Council Chambers , Chair Green presiding . 2. Roll Call Present: Absent: Staff: Angela Schmitz, Carson Green , Tom Finn , Sue Purdy , Writer Mott, Jedidiah Williamson , Stacie Flynn (Alternate) Randal Friesen (Excused) Audra Kirk , Planner II Brook Bell , Planner II Chair Green stated there were seven members present ; therefore , five affirmative votes are 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. Variances granted by the Board are subject to a 30-day appeal period . Variances are effective at the end of the appeal period . 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 the variance 's effective date . Chair Green set forth parameters for the hearing : The case will be introduced; applicants will present their request and reasons the variance should be granted; proponents will be given an opportunity to ~peak ; 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. Public Hearings Case #VAR2015-014 Dana Steeples and Terence Brandon 2760 South Grant Street Chair Green opened the public hearing stating he had proof of posting and publication . He introduced the case stating the applicants are requesting a variance to encroach 2 feet 8 inches into the required 3 foot side setback in order to construct an addition to an existing garage . This is a variance to Table 16-6-1 .2 of the Englewood Municipal Code . Audra Kirk , Planner II was sworn in. Ms. Kirk provided a brief overview of the property and the variance request. Terence Brandon , 2760 South Grant Street, was sworn in . Mr. Brandon addressed the criterion . The Board did not have any questions for the applicants . 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 VAR2015-014, 2760 SOUTH GRANT STREET, BE GRANTED A VARIANCE TO ENCROACH 2 FEET 8 INCHES INTO THE REQUIRED 3 FOOT SIDE SETBACK TO CONSTRUCT AN ADDITION TO AN EXISTING GARAGE. THIS IS A VARIANCE TO TABLE 16-6-1.2 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Writer Mott Seconded by Tom Finn With no further :discussion , the secretary polled the members ' votes. Ms . Schmitz voted yes . The lot is unique due to its size . The variance is cons istent with the zone district and does not create any public health or safety issues . The surrounding properties are already developed . It is not a self-imposed hardship . Mr. Finn , Ms . Purdy , Mr. Mott , Mr. Williamson , Ms . Flynn and Chair Green concurred w ith Ms . Schmitz . Vote: Yes: No: Absent: Abstain: Motion passed .. Motion passed by a roll call vote (summary: Yes=? No=O) Carson Green , Sue Purdy , Writer Mott , Jedidiah Williamson , Angela Schmitz , Stacie Flynn None Randal Friesen None The Chair instructed the appl icant to contact staff for any additional or necessary information . Case #VAR2015-016 Christopher J.: Gibbons 1997 West Iliff Avenue Cha ir Green opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting to re instate var iances to encroach 5 feet into the required 10 foot west side setback and to encroach 10 feet into the required 10 foot east side setback in order to construct a new storage building. These are variances to Table 16-6-1 .1 of the Englewood Municipal Code (EMC). Brook Bell , Planner II was sworn in. Mr. Bell provided an overview of the property and stated that t he previous granted variances expired because the applicant was not able to obtain a building permit within the 180 day time frame . Christopher J . Gibbons , 7656 South Allison Court , was sworn in. Mr. Gibbons testified that nothing has ch~nged from the original variance requests which were granted in May 2015. Due to scheduling difficulties , he was unable to obtain a building permit within the specified amount of time . There were no other persons present to testify for or against the variance . Chair Green incorporated the staff report and exh ibits into the record and closed the publ ic hearing . MOTION: THAT VARIANCES BE REINSTATED TO ENCROACH 5 FEET INTO THE REQUIRED 10 FOOT WEST SIDE SETBACK AND TO ENCROACH 10 FEET INTO THE REQUIRED 10 FOOT EAST SIDE SETBACK IN ORDER TO CONSTRUCT A NEW STORAGE BUILDING. THESE ARE VARIANCES TO TABLE 16-6-1.1 ' OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Angela Schmitz Seconded by Writer Mott With no further 'discussion, the secretary polled the members' votes . Ms . Flynn voted yes . 1. The property is unique due to its size, which is small for an industrial zoned property and for its location which is on a corner. The corner gives the property approximately a 10 foot setback measured from the sidewalk . The intent of the setback restriction is met and to not allow the variance for the property would deprive it of rights that nearby properties enjoy . 2 . There are no issues with public health, safety , and welfare . 3. It will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood . It is located on a block that is zoned industrial. 4 . It is not a self-imposed difficulty or hardship. Mr. Finn , Ms . Purdy , Mr . Mott, Mr. Williamson , Ms . Schmitz and Chair Green concurred with Ms. Flynn . Vote: ; Motion passed by a roll call vote (summary: Yes=? No=O) Yes: Carson Green , Sue Purdy, Writer Mott, Jedidiah Williamson , Angela Schmitz, Stacie Flynn No: None Absent: Randal Friesen Abstain: None Motion passed . The Chair instructed the applicant to contact staff for any additional or necessary information . 4. Approval of Minutes MOTION: TO APPROVE THE OCTOBER 14, 2015 MINUTES i Moved by Writer Mott ; Seconded by Sue Purdy Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes =6 No=O) Carson Green , Tom Finn, Sue Purdy , Writer Mott, Angela Schmitz, Stacie Flynn None Randal Friesen Jedidiah Williamson 5. Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-012, 2998 SOUTH DOWNING STREET Moved by Writer Mott; Seconded by Angela Schmitz Vote: Yes: No: Absent: Abstain: MOTION: Motion passed by a roll call vote (summary: Yes =5 No=O) Carson Green, Sue Purdy, Writer Mott , Angela Schmitz , Stacie Flynn None Randal Friesen Jedidiah Williamson, Tom Finn TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-013, 3560- 3590 SOUTH CLARKSON STREET Moved by Writer Mott ; Seconded by Angela Schmitz Vote: Yes: No: Absent: Abstain: 6. Staffs Choice Motion passed by a roll call vote (summary: Yes =5 No=O) Carson Green, Sue Purdy, Writer Mott , Angela Schmitz, Tom Finn None Randal Friesen Jedidiah Williamson, Stacie Flynn Staff had nothing further. 7. City Attorney's Choice Interim City Attorney Comer was not present 8. Board Member's Choice The Board had nothing further . 9. Adjourn The meeting adjourned at 7:25 pm .