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HomeMy WebLinkAbout2017-11-08 BAA MINUTES• • • ~E'rlQlewood MINUTES Board of Adjustment and Appeals Meeting Wednesday, November 8, 2017 1000 Englewood Pkwy-Council Chambers 7:00 PM MEMBERS PRESENT: Andy Taylor Tom Finn Sue Purdy Stacie Flynn Aaron Rieger MEMBERS ABSENT: Angela Schmitz Robert Ellstrom Randal Friesen STAFF PRESENT: Harold Stitt, Senior Planner , 1. Dugan Comer, Deputy City Attorney Call to Order The regular meeting of the Englewood Board of Adjustment and Appeals was . called to order at 7:00 pm in the Englewood City Council Chambers, Chair Finn presiding. Chair Finn stated there were five members present; therefore , four affirmative votes are required to grant a variance or appeal. 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 must be obtained and construction begun within 180 days of the variance's effective date. Chair Finn set forth parameters for the hearing. 2. Public Hearing: VAR2017-018 Daniel Russell 2216 East Dartmouth Circle Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting for a variance to exceed the maximum permitted height of twelve feet for an other accessory structure by one additional foot. This is a variance to Table 16-6-1 .2 of the Englewood Municipal Code . Harold Stitt, Senior Planner was sworn in. Mr. Still provided an overview of the • • • Board of Adjustment and Appeals November 8, 2017 property and variance request. Mr. Stitt answered questions from the Board. Mr. Russell, 2216 E. Dartmouth Circle, was sworn in. Mr. Russell stated the structure was purchased as a kit and it is a garden shed used for storage and potting. He is building it himself and didn't think a permit or site plan review was required. He would have designed it better if he was aware of the code regulations. Unaware of the complaints from neighbors and receiving a Stop Work Order from Community Development Mr. Russell did submit the required site plan review paperwork and it was approved. After further review it was determined the accessory structure exceeded the twelve foot maximum height by one foot. He then filed for a Variance. Mr. Russell also stated because of the unique structure the steep roof needs to be maintained for the integrity and look of the shed, and if it has to be cut down a foot it won't look right. Ms . Russell, 2216 E. Dartmouth Circle, was sworn in. Ms. Russell stated she did talk to her neighbors about the variance and informed them of the meeting. She would like to maintain the look of the structure and feels moving the shed would be too cost prohibitive , therefore they are asking for a Variance. Chair Finn presented an email that was sent to the Community Development Department from George C . Gramer Jr, President of Cherry Hills Vista Community Association opposing the Variance for 2216 E. Dartmouth Circle. Chair Finn presented a letter from Mike Flanagan, homeowner at 2260 E . Columbia Place, Denver CO also opposing the Variance stating the structure is not consistent with the character of the neighborhood . There were no other persons present to testify for or against the variance. Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. The Board discussed the variance request and the criteria. With no further discussion the secretary polled the members' votes. Moved by Member Stacie Flynn Seconded by Member Sue Purdy THAT CASE VAR2017-018 BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM PERMITTED TWELVE FOOT OTHER ACCESSORY STRUCTURE MAXIMUM HEIGHT BY ONE ADDITIONAL FOOT. THIS IS A VARIANCE TO TABLE 16-6-1.2 OF THE ENGLEWOOD MUNICIPAL CODE For Against Abstained Sue Purdy (Seconded By) x Stacie Flynn (Moved By) x Andy Taylor x Tom Finn x • Aaron Rieger 3. Approval of Minutes Moved by Member Stacie Flynn Seconded by Member Sue Purdy x 4 Board of Adjustment and Appeals November 8, 2017 0 Motion DEFEATED. APPROVE THE OCTOBER 11 , 2017 MINUTES AS WRITTEN. Andy Taylor Tom Finn Sue Purdy (Seconded By) Stacie Flynn (Moved By) Aaron Rieger Approval of Findings of Fact Moved by Member Stacie Flynn Seconded by Member Sue Purdy For x x x x 4 Against 0 Abstained x 1 Motion CARRIED. APPROVE THE FINDINGS OF FACT IN CASE VAR2017-016, 4310 SOUTH LIPAN STREET AS WRITTEN. Andy Taylor Tom Finn Sue Purdy (Seconded By) Stacie Flynn (Moved By) Aaron Rieger 5. Staffs Choice For x x x x 4 Against 0 Abstained x 1 Motion CARRIED. Mr. Stitt stated there is one variance case scheduled for December. Attorney's Choice • • • Mr. Comer had nothing further. 7. Board Member's Choice Board of Adjustment and Appeals November 8, 2017 The board discussed Board member Sue Purdy's term ending February 1, 2018 and that alternate member Aaron Rieger will be taking her seat. 8. Adjourn The meeting adjourned at 7:45 pm .