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HomeMy WebLinkAbout2017-12-14 BAA MINUTES• • • MINUTES ~ E CITY.OF l· . ·. .. . d ~· ngewoo Board of Adjustment and Appeals Meeting Wednesday, December 14, 2016 1000 Englewood Pkwy -Council Chambers 7:00 PM MEMBERS PRESENT: Andy Taylor Carson Green Stacie Flynn Sue Purdy Tom Finn Angela Schmitz MEMBERS ABSENT: Randal Friesen STAFF PRESENT: Jeremy Lott, Planner I 1. 2. Dugan Comer, Acting 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 Green presiding. 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 . Public Hearing: Case V AR2016-016 Applicant: Carleton Pierson Property: 2946 South Lincoln Street Request: Encroachment into front setback Staff Contact: Jeremy Lott, Planner I • • • Board of Adjustment and Appeals December 14 , 2016 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 encroach 5 feet 3.5 inches into the requested western 25 foot front setback in order to construct a new principle structure. This is a variance to Table 16-6-1 .1 of the Englewood Municipal Code. 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. All neighbor notifications submitted were in favor of the variance request. Carleton Pierson , 1690 South Ogden Street , was sworn in. Mr. Pierson testified regarding the variance request and his intent to save the tree . Mr. Pierson answered questions from the Board. The structure could be shortened by five feet, but it would alter the design. Jeremy Letkomiller, 2856 South Lincoln Street , was sworn in. Mr. Letkomiller testified that he originally was opposed to the variance request; however, after hearing the applicant testify that he wanted to preserve green space he now supports the request. He applauded the applicant for wanting to save the tree. He requested that the information for variance requests be more readily available to the public. Chair Green responded that all the meeting information is available on the City's meeting portal. Margaretta Gilboy, 2741 South Sherman Street, was sworn in . Ms. Gilboy stated she did not understand what the applicant was requesting . Chair Green explained the request to Ms. Gilboy , as well as the criteria that must be met before the Board can grant a variance . Ms . Gilboy stated she opposed to the variance; it will impact the feel and quality of the neighborhood. Bill Byers, 3746 South Forest Way , was sworn in. Mr . Byers stated he supports the variance. He built the house located to the north at 2936 South Lincoln Street. He submitted a document showing that 75% of the structures on the block are built at a 20 foot front setback. Because the neighbor could not be present, Mr. Byers stated that the owner of 2936 South Lincoln Street has expressed concern about his losing sunlight. Mr. Byers submitted a drawing showing how the new structure could be offset so as to not block the neighbor's sunlight. Mr . Lott responded to additional questions from the Board . Page 2 of 5 • • • Board of Adjustment and Appeals December 14 , 2016 There were no other persons present to testify for against the variance. Chair Green 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 Tom Finn Seconded by Member Sue Purdy THAT CASE VAR2016-016 BE GRANTED A VARIANCE TO ENCROACH 5 FEET 3.5 INCHES INTO THE REQUIRED 25 FOOT FRONT SETBACK. For Against Abstained Andy Taylor x Carson Green x Stacie Flynn x Sue Purdy (Seconded By) x Tom Finn (Moved By) x Angela Schmitz x 0 6 0 Motion FAILED . Ms. Flynn stated she voted no . There is no guarantee the tree will survive construction , nor does it make the property unique . The structure could be redesigned to meet the setback. The variance is not consistent with the zone district regulations . The house to the north will be impacted by the development if the variance is granted . The variance is self-imposed because the structure could be redesigned to meet the zoning regulations. Ms. Schmitz, Mr. Finn, Mr. Taylor, Ms . Purdy, and Chair Green voted no, concurring with Ms. Flynn. Chair Green further stated he appreciates the applicant wanting to save the tree since it is one of the older, larger trees in the neighborhood ; however, it does not fall within the criteria the Board must justify to grant a variance. 3. Approval of Minutes TO APPROVE OCTOBER 12, 2016 MINUTES. Moved by Member Angela Schmitz Seconded by Member Tom Finn Page 3 of 5 • • Board of Adjustment and Appeals December 14 , 2016 For Against Abstained Andy Taylor x Carson Green x Stacie Flynn x Sue Purdy x Tom Finn (Seconded By) x Angela Schmitz (Moved By) x 6 0 0 Motion CARRIED. 4. Approval of Findings of Fact APPROVE FINDINGS OF FACT IN CASE #VAR2016-014, 4975 SOUTH GALAPAGO STREET Moved by Member Tom Finn Seconded by Member Andy Taylor For Andy Taylor (Seconded By) x Carson Green x Stacie Flynn x Sue Purdy x Tom Finn (Moved By) x Angela Schmitz x 6 5. Staff's Choice Against 0 Two cases are scheduled for January 11, 2017 . 6. Attorney's Choice Mr . Comer had nothing further. 7. Board Member's Choice Abstained 0 Motion CARRIED. The Board asked staff to continue to include both the aerial and Google maps. Chair Green thanked Ms. Purdy for organizing the Board's holiday dinner. Adjournment Page 4 of 5 • • • The meeting adjourned at 8:05 pm . Board of Adjustment and Appeals December 14, 2016 Page 5 of 5