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Home My WebLink About2016-04-13 BAA MINUTES• • • !Ji= Ei1Qlewood 1000 Englewood Pkwy -Council Chambers Englewood , CO 80110 G 1. Call to Order MINUTES Board of Adjustment and Appeals Wednesday, April 13, 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 , Carson Green , Tom Finn , Stacie Flynn W riter Mott , Sue Purdy Audra Kirk , Planner II Jeremy Lott , Planner I Dugan Comer , Interim C ity Attorney Chair Green stated there were five members present ; therefore, four 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 perm its must be obtained and construction begun within 180 days of the variance 's effective date . Chair Green set forth parameters for the hearing . G 3 . Public Hearings: Case #VAR2016-005 David Robb 3270 South Washington Street Cha ir Green opened the public hearing stating he had proof of posting and publication . He introduced the case stating the applicant is requesting a variance to encroach 1 foot 7 inches into the required 5 foot side setback in order to construct an addition to an existing principle structure . This is a variance to Table 16-6-1.2 of the Englewood Municipal Code . e Audra Kirk, Planner II , was sworn in . Ms . Kirk provided a brief overview of the property and variance request. Ms . Kirk answered questions from the Board . 'E'l David Robb , 3270 S Washington Street , was sworn in . Mr. Robb testified regarding the variance criteria and not wanting to lose the existing maple tree . Mr. Robb answered questions from the Board . • e 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 VAR2016-005, 3270 SOUTH WASHINGTON, BE GRANTED A VARIANCE TO ENCROACH 1 FOOT 7 INCHES INTO THE REQUIRED 5 FOOT SETBACK. THIS IS A VARIANCE TO TABLE 16-6-1.2 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Finn ; Seconded by Schmitz The Board discussed the variance request and the criteria . e With no further discussion , the secretary polled the members ' votes . Mr. Friesen voted yes . It meets all the criteria . The neighbor to the north, who will be most impacted , supports the variance request. Ms . Schmitz voted yes . The first criterion is sat isfied because the existing structure already has a three foot setback . There are no issues with public health , safety and welfare . It will not permanently impair the use or development of adjacent conforming properties . It is a small addition and the neighbors have no objection . It is not a self-imposed difficulty or hardship . • Mr. Finn , Ms . Flynn , and Chair Green voted yes , concurring with Mr. Friesen and Ms . Schmitz . • Vote: Yes: No: Absent: Abstain: Motion passed . Motion passed by a roll call vote (summary: Yes=5 No=O) Friesen , Schmitz , Green , Flynn , Finn None Mott , Purdy None The Cha ir i nstructed the appl icant to contact staff for any additional information . ·~ Case #VAR2016-006 Nathan and Tracy Pavelka 3811 South Lincoln Street Chair Green opened the pub lic 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 fence height of six feet by an additional two feet. This is a variance to Table 16-6-6.2 of the Englewood Municipal Code . (@ Jeremy Lott , Planner I, was sworn in . Mr . Lott provided a brief overview of the property and variance request. Ten neighborhood statements supporting the variance were submitted . • ~ • • Nathan Pavelka, 3811 South Lincoln Street, was sworn in . Mr. Pavelka testified regarding the variance critiera . Mr. Pavelka further testified that the additional height , in the form of lattice , is needed for privacy and security . Mr. Pavelka answered questions from the Board . ft] Matthew Longley , 3965 South Lincoln Street, was sworn in . Mr. Longley testified in support of the variance request. He cited heavy traffic and transients in the alley . Mr. Longley also testified to numerous calls to the police . I~ Mr. Lott and Ms . Kirk answered questions from the Board regarding the definition of a trellis and if the lattice would be considered a trellis . Discussion ensued. 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 VAR2016-006, 3811 SOUTH LINCOLN STREET, BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM PERMITTED FENCE HEIGHT BY AN ADDITIONAL TWO FEET ONLY ON THE NORTH AND WEST SIDES, PER THE ATTACHED PLAN. THIS IS A VARIANCE TO TABLE 16-6-6.2 OF THE ENGLEWOOD MUNICIPAL CODE . Moved by Finn ; Seconded by Friesen The Board discussed the variance request and the criteria. ~ With no further discussion , the secretary polled the members' votes. Mr. Friesen voted no . There are no unique physical conditions on the property . The north portion of the fence is self-imposed . Mr. Finn voted no ; however, he thinks it might be a trellis . Ms. Schmitz, Ms . Flynn, and Chair Green voted no , concurring with Mr. Friesen. Vote: Yes: No: Absent: Abstain: Motion failed . Motion failed by a roll call vote (summary: Yes=O No=5) None Friesen , Schmitz , Green, Flynn, Finn Mott , Purdy None The Chair instructed the applicant to contact staff for any add itional information . • • • ~ :llr:fil 4. Approval of Minutes MOTION: TO APPROVE THE MARCH 9, 2016 MINUTES Moved by Schmitz Seconded by Friesen Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes=5 No=O) Green, Schmitz, Flynn, Finn, Friesen None Mott , Purdy None Motion passed. fJI 5. Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2016-001, 800 WEST QUINCY AVENUE. Moved by Schmitz ; Seconded by Friesen Vote: Yes: No: Absent: Abstain: MOTION: Motion passed by a roll call vote (summary: Yes =5 No=O) Green , Friesen, Finn, Schmitz , Flynn None Mott , Purdy None TO APPROVE THE FINDINGS OF FACT IN CASE VAR2016-002, 3344 SOUTH WASHINGTON STREET, CASE VAR2016-003, 3348 SOUTH WASHINGTON STREET, AND CASE VAR2016-004, 3350 SOUTH WASHINGTON STREET. Moved by Schmitz ; Seconded by Friesen Vote: Yes: No: Absent: Abstain: 6. Staff's Choice Motion passed by a roll call vote (summary: Yes =5 No=O) Green , Friesen, Schmitz, Finn , Flynn None Mott , Purdy None There is one case scheduled for May . • ~ 7. Attorney's Choice Mr. Comer had nothing further. -~ 8. Board Member's Choice Chair Green welcomed Ms . Flynn as a full member of the Board . ~ 9. Adjourn The meeting adjourned at 7 :45 p.m . I w J ,_,,,/I . JI '-n. ,/ r I @:/llk! f ) --r: I l)f-t7 7 \___/ Nancy G . \~on , Recording Secretary • •