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Home My WebLink About2016-03-09 BAA MINUTES• • • ~ Efl'Qlewood 1000 Englewood Pkwy -Council Chambers Englewood , CO 80110 ~ 'l::§J 1 . Call to Order MINUTES Board of Adjustment and Appeals Wednesday, March 9, 2016 • 7:00 p.m. 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: Randal Friesen , Angela Schmitz , Writer Mott , Carson Green , Tom Finn , Sue Purdy , Stacie Flynn (Alternate) None Audra Kirk , Planner II Jeremy Lott , Planner I Dugan Comer, Interim City Attorney 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 111 , 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 ~ 3 . Public Hearings: Case #VAR2016-001 Debra Forbes and Mike Sweet 800 West Quincy Avenue 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 exceed the maximum permitted 1,000 square foot garage by an additional 656 square feet. This is a variance to Table 16-6-1.2 of the Englewood Municipal Code. Interim City Attorney Comer recused himself from the case stating he knew the applicants . Jeremy Lott , Planner I, was sworn in . Mr. Lott provided a brief overview of the property and variance request. Mr. Lott answered questions from the Board . • 'E) • • Mike Sweet , 800 West Quincy Avenue was sworn in . Mr. Sweet testified regarding the property and variance criteria. Mr. Lott answered additional questions from the Board . ~ 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 VAR2016-001, 800 WEST QUINCY AVENUE, BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM PERMITTED TOT AL FLOOR AREA OF 1,000 SQUARE FEET FOR A GARAGE BY AN ADDITIONAL 656 SQUARE FEET. THIS IS A VARIANCE TO TABLE 16-6-1.2 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Schmitz ; Seconded by Finn The Board discussed the variance request and the criteria. E1 With no further discussion , the secretary polled the members ' votes . Mr. Friesen voted yes . The unique physical condition is the 28,000 square foot lot and the trees will hide the garage . The garage will not affect the public health , safety , and welfare . It will not impair the use or development of the adjacent properties . It is not a self-imposed difficulty because of the existing garage. Ms . Flynn , Ms . Schmitz, Mr. Finn , Ms . Purdy , and Chair Green voted yes , concurring with Mr. Friesen . Vote: Yes: No: Absent: Motion passed by a roll call vote (summary: Yes=? No=O) Friesen, Mott, Schmitz , Green , Purdy, Flynn , Finn None None Abstain: None Motion passed . The Chair instructed the applicant to contact staff for any additional or necessary information . ~ Cases #VAR2016-002, VAR2016-003, VAR2016-004 Jaman Solutions , LLC 3344 , 3348 , 3350 South Washington Street Interim City Attorney Comer returned to the dais . 2 • • Chair Green opened the public hearing stating he had proof of posting and publication . He introduced the case stating the applicant is requesting variances on three parcels to reduce the front setback from 15 feet to 10 feet , and to reduce the rear setback from 20 feet to 10 feet. These are variances to Table 16-6-1 .1 of the Englewood Municipal Code. fill Audra Kirk , Planner II was sworn in . Ms . Kirk provided a brief overview of the property and the variance requests. Ms. Kirk answered questions from the Board . 'fjj Steve Pham of Jaman Solutions , LLC , 14910 West Evans Place , was sworn in . Mr. Pham answered questions from the Board regarding lot width , density, and variance criteria. Eddie Givens , 2702 South Logan Street, was sworn in . Mr. Givens answered questions from the Board regarding lot width , density , parking , and economics of the project. ~ Cindy Bludnick , 3354 South Washington , was sworn in . Ms . Bludnick testified in opposition of the variances due to parking and density. Ms. Bludnick answered questions from the Board . ·~ Mr. Givens answered additional questions from the Board . ~ Ms . Kirk clarified that the number of units is a use by right , and a variance is not needed for the 16 units . Ms . Kirk answered questions regarding parking permits . ~ Michael Bludnick , 3354 South Washington Street , was sworn in . Mr. Bludnick testified in opposition of the variances due to parking concerns . ~ Mr. Pham testified that the lot will be developed by either him or someone else . The additional garage removes parking from the street. Ill 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 VAR2016-002, 3344 SOUTH WASHINGTON STREET, CASE VAR2016-003, 3348 SOUTH WASHINGTON STREET, AND CASE VAR2016-004, 3350 SOUTH WASHINGTON STREET, BE GRANTED VARIANCEs TO REDUCE THE FRONT SETBACK FROM 15 FEET TO 10 FEET AND TO REDUCE THE REAR SETBACK FROM 20 FEET TO 10 FEET. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Schmitz ; Seconded by Mott The Board discussed the variance requests and the criteria . • ~ 3 • With no further discussion , the secretary polled the members ' votes . Mr. Friesen voted no . The intent of the zone d istrict regulations are being manipulated with the reduced setbacks . It is a self-imposed difficulty ; the development can be built without variances . Ms . Flynn voted no . Ms. Schmitz voted no . The property does not have any un ique physical conditions . Also , it is a self-imposed hardship . Mr. Finn voted no . Mr. Mott voted yes . The design addresses the parking issues by the location on the lot. The development meets the intent of the MU-R-3-C zone district. It will not negat ively impact adjacent properties and the essential character of the ne ighborhood . Apartment complexes already exist in the neighborhood . The project design addresses the parking situation. Ms. Purdy voted yes , concurring with Mr. Mott . Chair Green voted no , concurring with Mr. Friesen and Ms . Schmitz . Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes=2 No=5) Mott , Purdy Friesen , Flynn , Schmitz , Finn , Green None None • Motion failed . • The Chair instructed the applicant to contact staff for any additional or necessary information . ~ 4 . Approval of Minutes MOTION: TO APPROVE THE FEBRUARY 10, 2016 MINUTES Moved by Friesen Seconded by Finn Yes: Green , Purdy , Mott , Schmitz , Flynn , Finn , Friesen No: None Absent: None Abstain: None Motion passed . ~ 5. Staff's Choice There are two cases scheduled for April. ~ 6. Attorney's Choice Mr. Comer had nothing further . 4 • • • ~ 7. Board Member's Choice It was the consensus of the Board to have staff remove the "Issue to be Considered" from the staff report . Ms . Flynn will be appointed as a regular member of the Board at the March 14 City Council meeting . e 8 . Adjourn The meeting adjourned at 8 :15 p .m . 5