HomeMy WebLinkAbout2016-05-11 BAA MINUTES•
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1000 Englewood Pkwy -Council Chambers
Englewood, CO 80110
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1. Call to Order
Board of Adjustment and Appeals
Wednesday, May 11, 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 , Writer Mott, Sue Purdy , Carson Green, Tom Finn , Stacie Flynn
Angela Schmitz
Brook Bell, Planner II
Dugan Comer, Interim City Attorney
Brad Power, Community Development Director
Chair Green stated there were six 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 .
Mr. Brad Power , Director of Community Development, introduced himself and provided a brief
overview of his professional background .
3 . Public Hearing:
Case #VAR2016-008
Wayne D. Anderson
4811 South Broadway
Chair 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 reduce the required ground
floor commercial space from the required 50 .1 percent to zero percent to develop seven
apartment units . This is a variance to Section 16-6-1.C.4 of the Englewood Municipal Code .
Brook Bell, Planner II was sworn in . Mr. Bell provided a brief overview of the property and
variance request. Mr. Bell answered questions from the Board .
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Wayne Anderson , 7825 West Ontario Place , Littleton, Colorado was sworn in. Mr. Anderson
testified regarding the variance criteria and answered questions from the Board .
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Mr. Bell answered additional questions from the Board .
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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 publ ic hearing .
MOTION: THAT CASE VAR2016-008, 4811 SOUTH BROADWAY, BE GRANTED A
VARIANCE FOR THE WESTERN PORTION OF THE LOT, AFTER IT IS SUBDIVIDED,
TO REDUCE THE REQUIRED GROUND FLOOR COMMERCIAL SPACE FROM THE
REQUIRED 50.1 PERCENT TO ZERO PERCENT TO DEVELOP SEVEN APARTMENT
UNITS. THIS IS A VARIANCE TO SECTION 16-6-1.C.4 OF THE ENGLEWOOD
MUNICIPAL CODE.
Moved by Mott; Seconded by Finn
The Board discussed the variance request and the criteria .
With no further discussion , the secretary polled the members' votes .
• Mr. Friesen voted yes . The size and location of the property make the property unique. Also with
the surrounding properties and keeping the front portion of the property commercial , the intent of
the first criteria is met. It meets the intent of the zone district. It will not permanently impair the
adjacent properties . It not a self-imposed hardship .
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Ms . Flynn voted yes . The western portion of the property cannot be seen from South Broadway.
It is close to residential on the north and south . More residential will enhance the neighborhood .
No construction has started ; therefore, it is not a self-i mposed hardship.
Mr. Finn voted no . It does not meet the first criteria ; it is no different than any other lot on the
block.
Mr. Mott , Ms . Purdy , and Chair Green voted yes , concurring with Mr. Friesen and Ms . Flynn .
Vote:
Yes:
No:
Absent:
Motion passed by a roll call vote (summary: Yes=5 No=1)
Friesen , Green , Flynn , Mott , Purdy
Finn
Schmitz
Abstain: None
Motion passed .
The Chair instructed the applicant to contact staff for any additional information .
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4. Approval of Minutes
MOTION: TO APPROVE THE APRIL 13, 2016 MINUTES
Moved by Friesen Seconded by Finn
Vote:
Yes:
No:
Absent:
Abstain:
Motion passed by a roll call vote (summary: Yes=4 No=O)
Green, Flynn , Finn , Friesen
None
Schmitz
Mott, Purdy
Motion passed.
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5. Approval of Findings of Fact
MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2016-005, 3270
SOUTH WASHINGTON STREET
Moved by Friesen ; Seconded by Finn
Vote:
Yes:
No:
Absent:
Abstain:
MOTION:
Motion passed by a roll call vote (summary: Yes =4 No=O)
Green, Friesen , Finn , Flynn
None
Schmitz
Mott , Purdy
TO APPROVE THE FINDINGS OF FACT IN CASE VAR2016-006, 3811
SOUTH LINCOLN STREET.
Moved by Flynn ; Seconded by Friesen
Vote:
Yes:
No:
Absent:
Abstain:
6. Staff's Choice
Motion passed by a roll call vote (summary: Yes =4 No=O)
Green , Friesen , Finn , Flynn
None
Schm itz
Mott , Purdy
Two cases are scheduled for June. The Board 's meetings will be streamed live on the website
beginning in June .
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7. Attorney's Choice
Mr. Comer had nothing further.
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8. Board Member's Choice
Mr. Mott will be resigning from the Board in July . City Council determined members cannot be on
more than one Board or Commission.
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9. Adjourn
The meeting adjourned at 7:45 p.m.
Nancy G . Fenton , Recording Secretary