HomeMy WebLinkAbout2016-06-08 BAA MINUTES••Englewood MINUTES
Board of Adjustment and Appeals
Meeting
Wednesday, June 8, 2016
1000 Englewood Pkwy -Council
Chambers
7:00 PM
MEMBERS PRESENT: Randal Friesen , Writer Mott, Sue Purdy, Carson Green , Tom Finn, Angela
Schmitz
MEMBERS ABSENT: Stacie Flynn
STAFF PRESENT: Audra Kirk , Planner II
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Dugan Comer, Interim City Attorney
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 .
Public Hearings:
Cases #VAR2016-009 and VAR#2016-010
Adam Berger Development, LLC
3575 and 3595 South Cherokee Street
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 reduce the required ground f loor commercial space from the
required 50 .1 percent to zero percent. This is a variance to Section 16-6-1.C.4
of the Englewood Municipal Code .
Audra Kirk, Planner II, was sworn in. Ms. Kirk provided a brief overview of the
property and variance request. Ms . Kirk answered questions from the Board .
Adam Berger, 171 South Ivy Street , Denver, was sworn in. Mr. Berger testified
regarding the variance criteria and the project. He also answered questions
from the Board.
Sharon Leonard, 3550 South Delaware Street, was sworn in. Ms . Leonard
testified in favor of the variance. She also answered questions from the Board .
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Board of Adjustment and Appeals
June 8 , 2016
Kevin Floyd , 3568 South Cherokee Street, was sworn in. Mr. Floyd testified in
favor of the variance.
Janie L. Hazzard, 3575 South Cherokee Street, was sworn in . Ms . Hazzard
testified in favor of the variance.
There were no other persons present to test ify for or against the variance.
Cha ir Green incorporated the staff report and exhibits into the record and
closed the public hearing.
MOTION: THAT CASES VAR2016-009 AND VAR2016-010, 3575 SOUTH
CHEROKEE STREET AND 3595 SOUTH WASHINGTON STREET, BE
GRANTED A VARIANCE TO REDUCE THE REQUIRED GROUND FLOOR
COMMERCIAL SPACE FROM THE REQUIRED 50.1 PERCENT TO ZERO
PERCENT. THIS IS A VARIANCE TO SECTION 16-6-1.C.4 OF THE
ENGLEWOOD MUNICIPAL CODE.
MOVED BY MOTT; SECONDED BY PURDY
The Board discussed the case and the criteria.
With no further discussion the secretary polled the members' votes .
Mr. Friesen voted yes . The property is unique due to its location . The
surrounding area is residential. The variance is consistent with the intent of
the zone district; the use is residential.
Ms. Schmitz voted yes. The variance will not permanently impair the use or
development of adjacent properties. It is not a self-imposed hardship.
Mr. Finn, Mr. Mott , Ms. Purdy, and Chair Green voted yes, concurring with Mr.
Friesen and Ms . Schmitz.
Vote:
Yes:
No:
Absent:
Abstain:
Motion passed by a roll call vote (summary: Yes= 6; No= 0)
Friesen , Schmitz, Finn , Mott, Purdy, Green
None
Flynn
None
Motion passed.
The Chair instructed the applicant to contact staff for any additional
information.
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Board of Adjustment and Appeals
June 8, 2016
Case VAR2016-011
Eric and Jane Altman
2880 South Corona Street
Chair Green opened the public hearing stated he had proof of posting and
publication. He introduced the case stating the applicants are requesting a
variance to exceed the maximum permitted total floor area of 1,000 square feet
for a garage by an additional 84 square feet. This is a variance to Table 16-6-
1.2 of the Englewood Municipal Code.
Audra Kirk, Planner II, was sworn in. Ms. Kirk provided a brief overview of the
property and variance request. She answered questions from the Board .
Eric Altman, 2880 South Corona Street, was sworn in. Mr. Altman testified
regarding the variance criteria and 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 public hearing .
MOTION: THAT CASE VAR2016-011 BE GRANTED A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED TOTAL FLOOR AREA OF 1,000
SQUARE FEET FOR A GARAGE BY AN ADDITIONAL 84 SQUARE FEET.
MOVED BY FINN; SECONDED BY MOTT
With no further discussion the secretary polled the members' votes.
Mr. Friesen voted yes . The property is very unique due to the alley being on
the side, the placement of the house on the lot, and the utility easements. The
variance is consistent with the intent of the zone district and there are no safety
issues . It won't impair the use or development of adjacent properties. It is not
a self-imposed hardship; the applicant is dealing with existing conditions.
Ms. Schmitz, Mr. Finn, Mr. Mott, Ms . Purdy, and Chair Green voted yes,
concurring with Mr. Friesen.
Vote:
Yes:
No:
Absent:
Abstain:
Motion passed by a roll call vote (summary: Yes=6 No=O)
Friesen, Schmitz, Finn , Mott, Purdy, Green
None
Flynn
None
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Board of Adjustment and Appeals
June 8, 2016
Motion passed.
The Chair instructed the applicant to contact staff for any additional
information.
3. Approval of Minutes
MOTION: TO APPROVE THE MAY 11, 2016 MINUTES
MOVED BY FRIESEN; SECONDED BY MOTT
Vote: Motion passed by a roll call vote {summary: Yes=6; No=O)
Yes: Friesen , Finn, Mott, Purdy, Green
No: None
Absent: Flynn
Abstain: Schmit
Motion passed.
4. Approval of Findings of Fact
MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2016-008,
4811 SOUTH BROADWAY.
MOVED BY MOTT; SECONDED BY FINN
Vote: Motion passed by a roll call vote (summary: Yes=6 No=O)
Yes: Friesen , Finn, Mott, Purdy, Green
No: None
Absent: Flynn
Abstain: Schmitz
Motion passed.
5. Staff's Choice
One case for a side setback is scheduled for July.
6. Attorney's Choice
Mr. Comer had nothing further.
7. Board Member's Choice
The Board discussed the urgency in Planning Commission and City Council
reviewing the 50 .1 percent first-floor commercial requirement for residential
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The Board asked for current aerial maps in their materials .
8. Adjournment
~;cl gad 7~pm
Isl Nancy G. Fenton . Recording Secretary
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Board of Adjustment and Appeals
June 8 , 2016
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