HomeMy WebLinkAbout2017-10-11 BAA MINUTES•
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~Eil'Qlewood MINUTES
Board of Adjustment and Appeals Meeting
Wednesday, October 11, 2017
1000 Englewood Pkwy-Council Chambers 7:00 PM
MEMBERS PRESENT: Andy Taylor
Tom Finn
Sue Purdy
Stacie Flynn
Robert Ellstrom
Randal Friesen
MEMBERS ABSENT: Angela Schmitz
STAFF PRESENT: Brook Bell , Planner II
1. 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 six members present; therefore , five
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:
VAR2017-016
Charles Agins & Tammy Harimon
4300 South Lipan Street
Chair Finn opened the public hearing stating he had proof of publication . He
introduced the case stating the applicant is requesting a variance for a pergola
to encroach approximately 2 feet 6 inches into the required 3-foot side setback,
and for the pergola to be located in front of the rear building line of the principal
structure . This is a variance to Table 16-6-1.2 of the Englewood Municipal
Code.
Board member Andy Taylor asked to recuse himself from the meeting as his
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Board of Adjustment and Appeals
October 11 , 2017
wife is speaking in opposition of the variances . Board member Andy Taylor
was excused for the public hearing .
Chair Finn stated that 5 members were now present therefore 4 affirmative
votes are required to grant a variance.
Brook Bell , Planner II was sworn in. Mr. Bell provided an overview of the
property and variance requests. Mr . Bell answered questions from the Board .
Mr. Agins and Ms . Harimon 4300 South Lipan Street were sworn in. Mr. Agins
testified that the sign was posted on the property for 10 days prior to the
hearing . Mr . Agins stated that he and Ms. Harimon have lived at the property
for 20 years and have always had a structure in that location . Over the years
they have had fabric structures until recently the pergola was built sturdier and
concreted into the ground with a tin like roof added to make it more durable .
Mr. Agins and Ms . Harimon answered questions from the Board .
Ariel Taylor, 4310 South Lipan Street, was sworn in . Ms . Taylor testified she
opposed the variance . She stated the pergola is 5 feet away from her
ch ildren's window; the lighting and people congregating is a nuisance . She is
also is concerned about if someone was to smoke and because of how close
the pergola is to the fence it could be a fire hazard to her property . She stated
this is a self-imposed hardship and the pergola could of been placed
somewhere else in the yard .
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.
It was decided the variances needed to be split into two motions . Ms . Flynn
stated she is voting no on the first variance and stated the pergola can be
moved and that the applicants didn 't contact the city to see what was permitted
to construct a accessory structure .
The Board discussed the variance request and the criteria . With no further
discussion the secretary polled the members ' votes .
Moved by Member Randal Friesen
Seconded by Member Stacie Flynn
THAT CASE VAR2017-016 BE GRANTED A VARIANCE FOR A PERGOLA
TO ENCROACH APPROX/MA TEL Y 2 FEET 6 INCHES IN THE REQUIRED
3-FOOT SETBACK. THIS IS A VARIANCE TO TABLE 16-6-1 .2 OF THE
ENGLEWOOD MUNICIPAL CODE.
For Against Abstained
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3.
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Andy Taylor
Tom Finn
Sue Purdy
Stacie Flynn (Seconded By)
Robert Ellstrom
Randal Friesen (Moved By)
0
x
x
x
x
x
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Board of Adjustment and Appeals
October 11 , 2017
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Motion DEFEATED .
The Board agreed with Ms . Flynn and stated the pergola can modified and
moved closer to the the house meeting the setback required. The Board
discussed the variance request and the criteria. With no further discussion the
secretary polled the member votes .
Moved by Member Randal Friesen
Seconded by Member Stacie Flynn
THAT CASE VAR2017-016 BE GRANTED A VARIANCE FOR A PERGOLA
TO BE LOCATED IN FRONT OF THE REAR BUILDING LINE OF THE
PRINCIPAL STRUCTURE. THIS IS A VARIANCE TO TABLE 16-6-1 .2 OF
THE ENGLEWOOD MUNICIPAL CODE.
For Against Abstained
Andy Taylor x
Tom Finn x
Sue Purdy x
Stacie Flynn (Seconded By) x
Robert Ellstrom x
Randal Friesen (Moved By) x
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Motion CARRIED .
Approval of Minutes
APPROVE THE SEPTEMBER 13, 2017 MINUTES AS WRITTEN .
Moved by Member Stacie Flynn
Seconded by Member Randal Friesen
Andy Taylor
Tom Finn
Sue Purdy
Stacie Flynn (Moved By)
For
x
x
x
x
Against Abstained
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Robert Ellstrom
Randal Friesen (Seconded By) x
5 0
Board of Adjustment and Appeals
October 11 , 2017
x
Motion CARRIED .
4. Approval of Findings of Fact
APPROVE FINDINGS OF FACT IN CASE VAR2017-014 , 3940 SOUTH
PENNSYLVANIA STREET, AS AMENDED.
Moved by Member Stacie Flynn
Seconded by Member Sue Purdy
For Against Abstained
Andy Taylor x
Tom Finn x
Sue Purdy (Seconded By) x
Stacie Flynn (Moved By) x
Robert Ellstrom x
Randal Friesen x
5 0
Motion CARRIED .
5. Staff's Choice
Mr. Bell stated there is one variance case scheduled for November.
Mr Bell introduced Mr. Will Charles , Planner I, new employee with Community
Development Department
6. Attorney's Choice
Mr. Comer was not present at meeting .
7. Board Member's Choice
The Board had nothing further.
8. Adjourn
The meeting adjourned at 7:50 pm .
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Board of Adjustment and Appeals
October 11 , 2017