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HomeMy WebLinkAbout2016-01-13 BAA MINUTES• • • ~ BOARD OF ADJUSTMENT AND APPEALS MINUTES JANUARY 13, 2016 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. Ro ll Call Present: Absent: Staff: Randal Friesen , Carson Green , Tom Finn , Sue Purdy , Jedid iah Williamson , Stacie Flynn (Alternate) Angela Schmitz, Writer Mott , (Excused) Audra Kirk , Planner II Dugan Comer, Interim City Attorney 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 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 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 . El 3. Public Hearings Case #VAR2015-017 Lone Star Trust 3560 -3590 South Clarkson Street Chair Green opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting : 1. A variance to exceed the requ ired maximum front setback by 100 feet from 10 feet to 110 feet. This is a variance to Table 16-6-1 .1 a of the Englewood Municipal Code . 2 . A variance to reduce the minimum lineal street frontage by 55% from 75% to 20%. This is a variance to section 16-6-1 .C6(d) of the Englewood Municipal Code . • • • e Audra Kirk , Planner II was sworn in . Ms . Kirk provided a brief overview of property and the variance requests . The subject property and surrounding properties are zoned M-2 . Properties to the south are located in Cherry Hills Village. Since the previous variances were granted , the applicant has changed the location of the building and it is now fronting Jefferson/US285 . The building is now closer to US285 and the building will now face US285 . Ms . Kirk answered questions regarding how to determine frontage . The previous variances w ill expire in May . Ji] Thomas Swinehart , Trustee of Lone Star Trust , 950 East Harvard Avenue, Suite 630 was sworn in. The building location has not changed ; the front door has been moved to face the south end of the property . Mr . Sw inehart answered questions from the Board. Mr. Swinehart testified that an architect has not been hired. Mr. Finn stated that it is frustrating that the Board is asked to grant more variances based on general ideas , rather than specific plans . Mr. Swinehart responded that floor plans are drawn , and they know where they want the building and the parking lot. Mr. Friesen agreed with Mr. Finn. He feels the Board is being abused . Everything requested for the site needs a good study and then needs to be rezoned through City Council rather than through the Board . Mr . Swinehart disagreed. Chair Green stated the applicant has been before the Board three times , and it is still unclear what they are doing and they keep asking for variances . It is time for them to figure out what they are doing and obtain a solid plan . Dr . James Swinehart , 950 East Harvard Avenue , Suite 630 . He has exact floor plans drawn up . The submitted drawing is exactly what he wants . There will be no steps ; the first floor is a lobby with an elevator. If these variances are granted, they will not be back requesting more variances . They will hire an architect and construct the building . Ms . Flynn stated that her issue is not with the floor plan ; her issue is that there isn 't a civil engineer involved. Mr. Swinehart responded that civil engineering studies have been done and questioned why the study needed to be presented . Ms. Flynn responded that it would have been useful to see the study . Mr. Finn understands Mr. Swinehart 's frustration ; however, the Board is frustrated as well. It was the Board's understanding that the front door was on the west side of the property . e Staff and the Board continued discussing how to determine lot frontage and reviewed the reuested variances . 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 VAR2015-017, 3560-3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO EXCEED THE REQUIRED MAXIMUM FRONT SETBACK • • • FROM 10 FEET TO 110 FEET. THIS IS A VARIANCE TO TABLE 16-6-1.1a OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Tom Finn Seconded by Stacie Flynn The Board discussed the variance request. Jij With no further discussion , the secretary polled the members ' votes . Mr. Friesen voted yes . There are unique conditions due to the busy street and the site itself. It is consistent with the intent of the zone district regulations . It will not permanently impair the use or development of adjacent properties . The variance is not a self-imposed hardship . Mr. Williamson, Ms . Flynn , Mr. Finn , and Ms. Purdy voted yes concurring with Mr. Friesen . Chair Green voted yes concurring with Mr. Friesen . Further, the complications of the site with the elevation and the need for a pumping station defines a hardship which is not self-imposed . Vote: Motion passed by a roll call vote (summary: Yes=6 No=O) Yes: Randal Friesen Carson Green, Sue Purdy, Jedidiah Williamson, Stacie Flynn, Tom Finn No: None Absent: Writer Mott, Angela Schmitz Abstain: None Motion passed . MOTION: THAT CASE VAR2015-017, 3560-3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO REDUCE THE MINIMUM LINEAL STREET FRONTAGE FROM 75% TO 25%. THIS IS A VARIANCE TO SECTION 16-6-1.C6(d) OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Tom Finn Seconded by Jedidiah Williamson The Board discussed the variance request. B With no further discussion , the secretary polled the members' votes. Mr. Friesen voted no . It may be a unique site, but it is not so unique that the building cannot be built wider versus deeper. He continues to believe that the Board is changing zoning . It is a self- imposed hardship. The size of the building is the applicant's choice. Mr. Finn voted yes . Unique physical conditions exist on the site due to the topography and location. The variance is consistent with the zone district regulations for public health and safety. The variance will not permanently impair the use of development of adjacent or conforming • • • properties . There is a parking garage located adjacent to the property. It is not a self-i mposed hardsh ip. The appl icant has no control on how the lots are la id out and the topography of the lots . Mr. Williamson , Ms . Flynn , Ms . Purdy , and Cha ir Green voted yes , concurring with Mr. Finn . Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes=5 No=1) Carson Green , Sue Purdy , Jedidiah Williamson , Stacie Flynn , Tom Fin n Randal Friesen Writer Mott , Angela Schm itz None Motion passed . The Chair instructed the applicant to contact staff for any additional or necessary information . fi1] Case #VAR2015-018 Best Deal in Town 4371 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 exceed the maximum number of allowed signs by 7 signs to a total of 10 signs , and to exceed the maximum allowed area from 100 s .f. to 293 s.f., and to exceed the maximum allowed window coverage from 25% to 100%. These are variances to Tables 16-6-13.9 and 16-6-13-3A. e 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. If the window vinyl was blank , a variance would not be needed . e Jay Smith , manager of Best Deal in Town, 4371 South Broadway , was sworn in . Mr. Smith stated the submitted photo was taken the day of the store's grand opening . The vinyl has been in place since that time . All the windows have bars behind the vinyl with wood panels behind that. The store owner is in Tempe, Arizona . The windows are covered for security purposes . He canvassed the neighboring businesses and they have nothing offensive to say about the windows being covered . Ms. Kirk answered 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 publ ic hearing . MOTION: THAT CASE VAR2015-018, 4371 SOUTH BROADWAY, BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM NUMBER OF ALLOWED SIGNS BY 7 SIGNS TO A TOTAL OF 10 SIGNS, AND TO EXCEED THE MAXIMUM ALLOWED AREA • • • FROM 100 S.F. TO 293 S.F., AND TO EXCEED THE MAXIMUM ALLOWED WINDOW COVERAGE FROM 25% TO 100%. THESE ARE VARIANCES TO TABLES 16-6-13.9 AND 16-6-13-3A OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Tom Finn Seconded by Randal Friesen The Board d iscussed the variance request. With no further discussion , the secretary polled the members ' votes . Mr. Fr iesen voted no. It does not meet the criteria . Mr. Williamson , Ms . Flynn , Mr. Finn , and Chair Green voted no . Ms . Purdy voted yes. Other businesses have windows covered with signage and it is unfair that only this business must remove their signage. Chair Green agreed with Ms . Purdy that it is unfair that this business is penalized when other businesses guilty of the same infraction . Vote: Motion failed by a roll call vote (summary: Yes=1 No=5) Yes: Sue Purdy No: Carson Green , Randal Friesen , Jedidiah Williamson , Stacie Flynn, Tom Finn Absent: Writer Mott , Angela Schmitz Abstain: None Motion failed . e 4. Approval of Minutes MOTION: TO APPROVE THE NOVEMBER 19, 2015 MINUTES Moved by Tom Finn Seconded by Sue Purdy Yes: No: Absent: Abstain: Motion passed . Carson Green , Sue Purdy , Jedidiah Williamson , Stacie Flynn, Tom Finn None Writer Mott , Angela Schmitz Randal Fr iesen 5. Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-014, 2760 SOUTH GRANT STREET Moved by Tom Finn Seconded by Stacie Flynn Yes: No: Carson Green , Sue Purdy , Jedidiah Williamson, Stacie Flynn, Tom Finn None • • • Absent: Writer Mott , Angela Schmitz Abstain: Randal Friesen Mot ion passed . MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-015, 1997 WEST ILIFF AVENUE Moved by Tom Finn ; Seconded by Sue Purdy Yes: Carson Green , Sue Purdy , Jed idiah Williamson , Stacie Flynn , Tom Finn No: None Absent: Writer Mott , Angela Schmitz Abstain: Randal Friesen Motion passed . fl) 6. Staffs Choice Staff and the Board discussed the format and content of the staff report . Elections for Chair and Vice Chair will be held at the February meeting . Also , security in the building has increased and security badges may be issued to Board members . 7. City Attorney's Choice Mr. Comer had nothing further . 8. Board Member's Choice The Board had nothing further. 9. Adjourn The meeting adjourne