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HomeMy WebLinkAbout2015-04-08 BAA MINUTES• ~ CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES APRIL 8, 2015 1. Call to Order The regular meeting of the Englewood Board of Adjustment and Appeals was ca l led to order at 7:00 p .m. in the Englewood City Council Chambers , Vice Chair Finn presiding. 2. Roll Call Present: Absent: Staff: Angela Schm i tz, Tom Fi nn , Sue Purdy , Writer Mott, Jedidiah Williamson Randal Friesen, Carson Green Brook Bell , Planner II Dugan Comer, Deputy City Attorney Vice Chair Finn stated there were five members present; therefore , four affirmative votes are required to grant a variance or appeal. • Vice Chair Finn 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 varia nce 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. • Vice Chair Finn set forth paramete r s 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 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. Public Hearings Case VAR2015-002 Chris Gibbons Vice Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting variances to encroach 5 feet into the required 10 foot west side setback and to encroach 10 feet 1 • • • 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. ltl1 Brook Bell, Planner II, was sworn in. Mr. Bell provided a brief overview of the property, setback requirements, and the applicant's variance request. Mr. Bell answered questions from the Board. ~ Chris Gibbons, 7656 South Allison Court, was sworn in. Mr. Gibbons described the proposed building, addressed the variance request and criterion, and answered questions from the Board. ~ Mr. Bell presented additional information to the Board regarding setbacks from residential districts and landscaping buffers. rt] There were no other persons present to testify for or against the variance. Vice Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2015-002, 1997 WEST ILIFF AVENUE, BE GRANTED A VARIANCE 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 The Board discussed the case and variance criteria. ~ With no further discussion, the secretary polled the members' votes. Ms. Schmitz 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. 2 • • • 4. It is not a self-imposed difficulty or hardship . Mr. Williamson and Ms. Purdy voted yes concurring with Ms. Schmitz. Mr. Mott voted yes . 1. The lot is small. The property has a 10-foot buffer from the sidewalk. Vice Chair Finn voted yes concurring with Ms. Schmitz and Mr. Mott. Vote: Motion passed by a roll call vote (summary: Yes =5 No=O) Yes: Angela Schmitz , Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson No: None Absent: Randal Friesen, Carson Green Abstain: None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. [tlJ Case VAR2015-003 Mitchell Powers 3295 South Franklin Street Vice Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to exceed the three foot maximum fence height by three feet within the 25 foot front setback. This is a variance to Table 16-6-6.2 of the Englewood Municipal Code. l?l) Brook Bell, Planner 11 , was sworn in. Mr. Bell provided a brief overview of the property, the variance request, and corner lot regulations. ~ Mitchell Powers , 3295 South Franklin Street, was sworn in. Mr. Powers testified regarding the entrance to the rear yard, current fence, and the variance request and criterion. ~ Mr. Bell clarified that the fence covers 38 feet of the 100 feet of frontage on Franklin . 3 • • • There were no other persons present to testify for or against the variance. Vice Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2015-003, 3295 SOUTH FRANKLIN STREET, BE GRANTED A VARIANCE TO EXCEED THE THREE FOOT MAXIMUM FENCE HEIGHT BY THREE FEET WITHIN THE 25 FOOT FRONT SETBACK. THIS IS A VARIANCE TO TABLE 16-6-6.2 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Angela Schmitz Seconded by Jedidiah Williamson The Board discussed the variance request and criterion. ~ With no further discussion, the secretary polled the members' votes. Ms. Schmitz voted yes. 1. The orientation of the house makes Floyd its front yard. The inability to have a side yard fence along Franklin deprives the owner of privileges enjoyed by other properties in the vicinity. 2. It is consistent with the intent of the zone district to secure public health, safety and welfare . 3. While there is an existing six foot fence, it is not enough to permanently impair the use or development of adjacent conforming properties mostly because of the size of the lot which is large and the amount of length along Franklin which will have a 3 foot fence. 4. There is no self-imposed difficulty or hardship. Mr. Williamson, Ms. Purdy, and Mr. Mott voted yes concurring with Ms. Schmitz and for reasons stated in their discussion. Vice Chair Finn voted no. 1. The proposed fence, in addition to the existing fence on Floyd, does not fit in with the character of the neighborhood. Vote: Motion passed by a roll call vote (summary: Yes =4 No=1) Yes: Angela Schmitz, Sue Purdy, Writer Mott, Jedidiah Williamson No: Tom Finn Absent: Randal Friesen, Carson Green Abstain: None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. 4 • • • ~ Case VAR2015-004 Nathan Wagoner 2799 South Downing Street Vice Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to exceed the three foot maximum fence height by three feet within the 25 foot front setback. This is a variance to Table 16-6-6.2 of the Englewood Municipal Code. ~ Brook Bell, Planner II, was sworn in. Mr. Bell provided a brief overview of the property, the variance request, and orientation of the house to the street. Mr. Bell entered a neighbor statement from 1180 East Amherst Avenue, directly west of the subject property, into the record. The neighbor has no objection to the variance. If the variance is granted, an administrative Encroachment Agreement will be needed for the front fence since it will encroach into the public right-of-way. Mr. Bell answered questions from the Board regarding the orientation of the house. ll1l Nathan Wagoner, 2799 South Downing Street, was sworn in. Mr. Wagoner testified regarding the variance request, criterion, and answered questions from the Board. [?] Mr. Bell stated the proposed fence is four feet off the sidewalk. Vice Chair asked about conditioning the variance so no fence could be built within 25 feet of Downing Street. The applicant stated he had no objection. Mr. Bell answered additional questions from the Board. Mr. Bell and the Board discussed a possible condition. l?J Mr. Wagoner answered additional questions from the Board regarding the rear door. l?Jl There were no other persons present to testify for or against the variance. Vice Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2015-004, 2799 SOUTH DOWNING STREET, BE GRANTED A VARIANCE TO EXCEED THE THREE FOOT MAXIMUM FENCE HEIGHT BY THREE FEET WITHIN THE 25 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 5 • • • The Board discussed the criteria and possible condition. Ms. Schmitz asked the City Attorney if the Board had the authority to be more restrictive than the City Code. Mr. Comer stated it did not. Discussion ensued. ltll With no further discussion, the secretary polled the members' votes. Ms. Schmitz voted yes. 1. It is unique due to the orientation of the structure on the property; the front of the property is on Downing and the side of the property is on Amherst. Without the variance, it would deprive the applicant of privileges enjoyed by other properties in the vicinity. 2. There are no issues with public health, safety and welfare. 3. It will not alter the essential character of the neighborhood. 4. It is not a self-imposed difficulty or hardship. Mr. Williamson, Ms. Purdy, Mr. Mott, and Vice Chair Finn voted yes concurring with Ms. Schmitz. Vote: Motion passed by a roll call vote (summary: Yes =5 No=O) Yes: Angela Schmitz, Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson No: None Absent: Randal Friesen, Carson Green Abstain: None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. [t] 4. Elections MOTION: THAT CARSON GREEN BE ELECTED CHAIR Moved by Sue Purdy Seconded by Tom Finn Vote: Motion passed (summary: Yes =5 No=O) Yes: Angela Schmitz, Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson No: None Absent: Friesen, Green Abstain: None 6 • • • MOTION: THAT TOM FINN BE ELECTED VICE CHAIR Moved by Angela Schmitz Seconded by Wr iter Mott Vote: Motion passed (summary: Yes =5 No=O) Yes: Angela Schm i tz, Tom Finn , Sue Purdy , Writer Mott, Jedid i ah l?ll Williamson No: None Absent: Friesen , Green Abstain: None 5. Staff's Choice Mr. Bell welcomed the new Board members -Mr. Mott and Mr. Williamson. Deputy City Manager Michael Flaherty is the Interim Community Development Director. Two cases are scheduled for May. l?ll 6. Attorney's Choice Mr. Comer stated that Planning Commission recommended to City Council a change to Title 16 to allow for administrative adjustments for lot frontage. [tJ) 7. Board Member's Choice The Board had nothing further. [tJ) 8. Adjourn The meeting adjourned 7