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Home My WebLink About2017-02-08 BAA MINUTES• • • Board of Adju stment and Appeals -08 Fe b 2 017 -Mi nutes -Html Page 1 of 5 MINUTES ~E nyglewood Board of Adjustment and Appeals Meeting Wednesday, February 8, 2017 1000 Englewood Pkwy -Council Chambers 7:00 PM MEMBERS PRESENT: Andy Taylor Stacie Flynn Sue Purdy Tom Finn Angela Schmitz MEMBERS ABSENT: Randal Friesen STAFF PRESENT: Harold Stitt , Senior Planner Audra Kirk , Planner II 1. 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 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 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 perm its must be obtained and construction begun w ith 180 days of the variance 's effective date . Chair Finn set forth parameters for the hearing . 2. Public Hearing: Case VAR2017-001 Row land+Broughton 600 West Bates Avenue Chair Finn opened the publ ic hearing stat ing he had proof of posting and publication . He introduced the case stating the applicant is https://eng lewoodgov.civicweb.net/doc u ment/25008 3/9/2017 • • • Board of Adj ustme nt and A pp eals -08 Fe b 201 7 - M inutes -Html requesting a variance to reduce the required 10 foot setback to six feet where a building abuts upon , adjoins , or is adjacent to a residential zone district. This is a variance to Table 16-6-1 .1 of the Englewood Municipa l Code . Audra Kirk , Planner 11 , was sworn in . Ms . Kirk provided an overview of the property and variance request. Ms . Kirk answered questions from the Board . The variance is only needed because the property owner to the north rezoned their property to residential. Further, on ly the north side of the subject property needs the variance . William Otte of Rowland + Broughton , 1830 Blake St, Denver, was sworn in . Mr. Otte addressed the variance criteria and answered questions from the Board. Mr. Otte also reviewed photos with the Board which showed surrounding buildings built to the property line . 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 . W ith no further discussion , the secretary polled the members' votes . Moved by Member Angela Schmitz Seconded by Member Stacie Flynn THAT CASE VAR2017-001 , 600 WEST BATES AVENUE, BE GRANTED A VARIANCE TO REDUCE THE REQUIRED TEN FOOT SETBACK TO SIX FEET WHERE A BUILDING ABUTS UPON, ADJOINS, OR IS ADJACENT TO A RESIDENTIAL ZONE DISTRICT. THIS IS A VARIANCE TO TABLE 16-6-1 .1 OF THE ENGLEWOOD MUNICIPAL CODE. Fo r Aga inst Abstained Andy Taylo r x Stac ie Flynn (Seconded By ) x Sue Purdy x Tom Finn x Angela Schm itz (Moved By ) x 5 0 0 Motion CARRIED . Ms . Flynn voted yes. Surrounding properties are zoned industrial , as is the subject property. When the property to the north was rezoned to permit residential , it created a unique situation for the subject property wherein a setback from residential properties was requ ired . Surrounding industrial properties do not meet the requ ired setback; therefore the applicant would be deprived of privileges enjoyed by other properties . With regard to the second criteria , the variance is cons istent with the zone district regulations ; the property is https ://englewoodgov .civicwe b.net/document/25008 Page 2 of 5 3/9/2 01 7 • • • Board of A dju stm e nt and A pp e al s -08 Feb 2 017 -Minute s - Ht ml zoned industrial. The variance will not impair the use or development of adjacent properties as they are already developed . The variance is not a self-imposed hardship as the applicant had no control over the adjacent property being rezoned to a residential development. Case VAR2017-002 Jennifer Tempas 2201 & 2235 West Iliff Avenue Chair Finn opened the public hearing stating he had proof of posting and publication . He stated the applicant is requesting a variance to exceed the maximum number of garages by one and exceed the maximum total accessory structure floor area of 1,000 square feet by 728 square feet. These are variances to Table 16-6-1.2 Summary Table of Dimensional Requirements for Accessory Structures of the Unified Development Code . Harold Stitt, Senior Planner, was sworn in . Mr. Stitt provided an overview of the properties and variance request. Mr. Stitt answered questions from the Board . Jennifer Tempas of Resident Realty , 5856 South Lowell Boulevard , Littleton , was sworn in. Ms . Tempas provided a history of the properties , answered questions from the Board and addressed the criteria . 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 Tom Finn THAT CASE VAR2017-002, 2201 ANO 2235 WEST /LIFF A VENUE, BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM NUMBER OF DETACHED GARAGES BY ONE ANO EXCEED THE MAXIMUM TOTAL ACCESSORY STRUCTURE FLOOR AREA OF 1,000 SQUARE FEET BY 728 SQUARE FEET. For Aga inst Abstained Andy Taylor x Stacie Flynn (Moved By ) x Sue Purdy x Tom Finn (Seconded By ) x Angela Schmitz x 0 5 0 Motion DEFEATED . htt ps :// en g lewoodgov . ci v icweb .n et/ docume nt/25 008 Page 3 of 5 3/9/2017 Board of Adjustment and Appeals -08 Feb 2017 -Minutes -Html Page 4 of 5 Ms. Flynn voted no . There are no unique physical conditions • to the property warranting the variance. The variance is not consistent with the zone district regulations . The variance would alter the character of the neighborhood and could have potential impacts on future development. It is a self-imposed hardship; the applicant does not need to subdivide the property . Ms . Schmitz, Ms . Purdy , Mr. Taylor, and Chair Finn voted yes concurring with Ms. Flynn . 3. Approval of Minutes Moved by Member Angela Schmitz Seconded by Member Andy Taylor TO APPROVE THE JANUARY 11 , 2017 MINUTES . For Against Abstained Andy Taylor (Seconded By) x Stacie Flynn x Sue Purdy x Tom Finn x • Angela Schmitz (Moved By) x 5 0 0 Motion CARRIED . 4. Approval of Findings of Fact Moved by Member Andy Taylor Seconded by Member Stacie Flynn APPROVE FINDINGS OF FACT IN CASE VAR2016-018, 3475 SOUTH EMERSON STREET AND 851 EAST HAMPDEN A VENUE. For Against Abstained Andy Taylor (Moved By) x Stacie Flynn (Seconded By) x Sue Purdy x Tom Finn x Angela Schmitz x 5 0 0 Motion CARRIED . • 5. Staffs Choice https://englewoodgov .civicweb.net/document/25008 3/9/2017 • • • Board of Adjustment and Appeals -0 8 Fe b 201 7 -Minutes -Html 6. One case is scheduled fo r March 8 . City Counc il appo inted a new member, Robert Ellstrom , to the Board . Attorney's Choice Mr. Comer had nothing further . 7. Board Member's Choice The Board had nothing further . 8. Adjournment The meeting adjourned at 8 :05 p .m . https://englewoodgov.civicweb .net/docum ent/25008 Page 5 of 5 31912017