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HomeMy WebLinkAbout1956-08-16 PZC MINUTESPAGE 148 Ayes: Guilford, Jones, Rapp, Rudd Nays: None Absent: Barde, Braun, Romans Mr. Fields has posted a check for $100.00 with the City Clerk to cover costs of legal publications . There being no further business to come before The Planning Commission, the meeting was adjourned at 10:00 P. M. Approved: ~~~~~~~~~ John D. Curtice Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENGLEWOOD PLANNING COMMISSION MEETING August 16, 1956 The meeting was called to order by Chairman Jones at 8:00 P. M. Members Present: Braun, Jones, Rapp, Romans, Rudd Members Absent: Barde, Guilford William Boden, Attorney Tucker Bldg., Englewood 3565 and 3585 So. Emerson Hearing No. 39 Mr. Boden appeared to request Planning Commission consideration for rezoning of the area between the C-1 Zone District South of East Hampden Avenue and the new State Highway and between South Emerson Street and the Emerson-Clarkson Alley, from present R-1-D Zone District to proper zoning to allow !wo family residences. The two residences of particular interest to Mr. Boden are 3565 and 3585 South Emerson. It was explained that a larger area than that being petitioned for should be considered since it would leave R-1 type zoning on both the East and West should it be rezoned. The Planning Commission felt, however, that the surrounding area should be viewed by it's members before taking action on the request and Mr. Boden was advised that a decision could possibly be made at the next meeting of the Commission. Lee Corder See Below Hearing No. 40 2885 South Broadway Mr. Corder, owner of the one half block tract located between West Eastman Avenue, West Dartmouth Avenue, South Galapago and the South Galapago-South Fox Alley,appeared to request Planning Commission consideration in the matter of vacating a thirty foot strip along the ~ West side of this property, which extends from Eastman Avenue to Dartmouth Avenue and which was p r e viously dedicated by Mr. Corder for street purposes, the West side of the street having never been dedicated. Mr. Corder pointed out that it is apparent that the remainder of the required land for street purposes would never be available and since he now has a prospective buyer for his land for the location of an industry, the thirty foot strip in question for vacation is desirable to enlarge the s _i te. Mr. Corder was advised that the Planning Commission was sympathetic to the proposal but felt that he should check into the matter with his legal advisor as to whether the strip, if vacated, would revert to him entirely or one half to him and the other one half to the property owner to the West. Members of the Planning Commission were asked to view the area to familiarize themselves for future action that may be required in this matter. Lavell Scott -Courtesy Cleaners 2881 South Broadway 2881 South Broadway Hearing No. 41 Mr. Scott, owner and operator of the Courtesy Cleaners at 2881 South Broadway, appeared to request permission to close a curb cut in front of the building and open a second ane in front of the parking lot adjacent North. The parkin g lot now has one curb cut at the South end and the additional curb cut is desirable so that separate ingress and egress may be developed for a pickup and delivery type service. Mr. Scott was advised that the area and the proposed plan apparently would qualify; however, the Planning Commission would refer him to the Building Inspector, under whose jurisdiction this project would come. I I I I I I Kenneth Andrews -3398 South Ogden Kenneth Ordelheide -3393 South Corona See Below PAGE 149 Hearing No. 42 The above named gentlemen presented a petition, signed by thirty property owners, in the area bounded by South Corona, East Girard Avenue, South Ogden Street and East Floyd Avenue (3300 Block), requesting Planning Commission consideration of rezoning the area from present R-1-D District to an R-2 type of Zoning for the pupose of finishing basement apartments in the various homes, which they stated have been devaluated because of storm drainage problems. It was pointed out that the area petitioning was completely surrounded by R-1-D Zoning and that rezoning an isolated area such as this constitutes spot zoning which is illegal. Braun moved: Romans seconded: that the petition be received and filed. Ayes: Braun, jones, Rapp, Romans, Rudd Nays: None Absent: Barde, Guilford The following letter was presented and read: Buil,ding Dept. August 16, 1956 TO: Mr. Rudd, City Manager RE: 3335 and 3345 South Corona Mr. James Stafford of 3335 South Corona and Mr. Benny Lopez of 3345 South Corona have built retaining walls at the rear of their property. Neither of these gentlemen secured the proper permit before constructing the walls. Permits cannot be issued by the Building Separtment, because it is a natural drainage area. Mr. Cook and I have checked into this matter and are of the opinion that walls along the alley between South Corona and South Ogden, in the 3300 block, would contribute to flood conditions, and themselves be subject to flood hazards. A copy of the action of the Englewood City Council at their meeting of March 5th, 1956, is attached. Before I issue orders for the removal of these walls, I would appreciate this matter being reviewed by the City Planning Commission. BAW:ws Copies: Mr. Rudd Mr. Cook 4-File Very truly yours, /S / Beryl A. Wallace Building Inspector Resolution adopted by City Council March 5, 1956, as follows: RESOLUTION WHEREAS, since it's very existence, the City of Englewood has had within it's borders, and continuing in extenuation, as ·those borders have been changed or altered, certain natural drainage courses and /or channels, and, WHEREAS, no practical building restrictions have been heretofore imposed by the City Council of Englewood, in respect to construction within these drainage area, and, WHEREAS, new construction has so increased within the past ten years that it has now en- croached into these natural drainage courses and is continuing such encroachment, and, WHEREAS, The City of Englewood, since November, 1955, has had in it's possession a "Proposed Drainage Plan" prepared by Consulting Engineers Ripple and Howe, Inc., and, WHEREAS, this plan offers solutions to Englewood's storm drainage problems. NOW, THEREFORE, BE IT RESOLVED that to both insure the orderly growth and development of The City and it's quicker consideration of ways and means to put into effect the afore- mentioned "Proposed Drainage Plan", no further construction be permitted in or along any natural drainage courses within the City limits without City Council sanction where, in the opinion of the Englewood Planning Commission or the City Engineer, such construction would either contribute to flood conditions along such course or be subject itself to flood hazard by reason of such location. Councilman Scott moved: Braun seconded: To adopt the above Resolution. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott, Woods Nays: None Absent: None PAGE 150 After discussion by the Planning Commission, Rapp moved: Braun seconded: That the letter addressed to Mr. Rudd, City Manager, from Mr. Beryl Wallace, Building Inspector, under date of August 16, 1956, in the matter of retaining walls in the 3300 block South Corona, which was referred to this Board for review, be received and returned to the City Manager with the following opinions: 1. That the terms: "No further construction be permitted in or along any natural drainage courses within the City limits without City Council sanction where, in the opinion of the Englewood Planning Commission or the City Engineer, such construction would either contribute to flood conditions along such course or be subject itself to flood hazard by reason of such location.", were intended to cover such instances as described in Mr. Wallace's letter. 2. That the matter of the order for removal is not a matter for decision by this Board. Chairman Jones at th~ time passed out to members of the Commission copies of ''ANNEXATION POLICY RECOMMENDATIONS BY DENVER PLANNING BOARD". There being no further business to come before the Planning Commission, the meeting was adjourned at 10:00 P. M. Approved: ~~~~~- John D. Curtice Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD PLANNING COMMISSION .• Date: August 16, 1956 Subject: Retaining Walls at Rear of Properties at 3335 and 3345 South Corona. Action: A letter from Mr. B. A. Wallace, Building , Inspector, to Mr. L. R. Rudd, City Manager, under date of August 16, 1956, along with copy of Resolution adopted by City Council March 5, 1956 was presented and read in full before the Englewood Planning Commission. Letter as follows: TO: Mr. Rudd, City Manager RE: 3335 and 3345 South Corona Building DEP:. August 16, 1956 Mr. James Stafford of 3335 South Corona and Mr. Benny Lopez of 3345 South Corona have built retaining walls at th e rear of their property. Neither of these gentlemen secured the proper permits before construcing the walls. Permits cannot be issued by the Bµilding Department, because it is a natural drainage area. Mr. Cook and I have checked into this matter and are of the opinion that walls along the alley between South Corona and South Ogden, in the 3300 Block, would contribute to flood conditions, and themselves be subject to flood hazards. A copy of the action of the Englewood City Council at their meeting of March 5th, 1956, is attached. Before I Esue orders for the removal of these walls, I would appreciate this matter being reviewed by the City Planning Commission. BAW:ws Copies: Mr. Rudd Mr. Cook 4-File Very truly yours, /S / Beryl A. Wallace Building Inspector Resolution adopted by City Council March 5, 1956, as follows: ~ RESOLUTION WHEREAS, since it's very existance, The City of Englewood has had within it's borders, and continuing in extenuation, as those borders have been changed or altered, certain natural drainage courses and /or channels, and WHEREAS, no practical building restrictions have been heretofore imposed by the City Council of Englewood, in respect to construction within these drainage area~, and, WHEREAS, new construction has so increased within the past ten years that it has now encroached into these natural drainage courses and is continuing such encroachment, and, I I I I • I PAGE 151 WHEREAS, The City of Englewood, since November, 1955, has had in it's possession a "Proposed Drainage Plan" prepared by Consulting Engineers Ripple and Howe, Inc., and, WHEREAS, this plan offers solutions to Englewood's storm drainage problems. NOW, THEREF ORE, BE IT RESOLVED that to both insure the orderly growth and development of The City and it's quicker consideration of ways and means to put into effect the afore- mentioned "Proposed Drainage Plan", no further construction be permitted in or along any natural drainage courses within The City limits without City Council sanction where, in the opinion of the Englewood Planning Commission or the City Engineer, such construction would either contribute to flood conditions along such courses or be subject itself to flood hazard by reason of such location. Councilman Scott, moved: Braun seconded: To adopt the above Resolution. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott, Woods Nays: None Absent: None" Planning Commission member Rapp moved, Braun seconded: That the letter addressed to Mr. Rudd, City Manager, from Mr. Beryl A. Wallace, Building Inspector, under date of August 16, 1956, in the matter of retaining walls in the 3300 block South Corona, which was referred to this Board for review, be received and returned to the City Manager with the following opinions: 1. That the terms: "No further construction be permitted in or along any natural drainage courses within the City limits without City Council sanction where, in the opinion of the Englewood Planning Commission or the City Engineer, such construction would either contribute to flood conditions along such course or be subject itself to flood hazard by reason of such location.", were intended to cover such instances as described in Mr. Wallace's letter. 2. That the matter of the order for removal is not a matter for decision by this Board. Respectfully submitted, ENGLEWOOD PLANNING COMMISSION By: Lee Jones Chairman ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENGLEWOOD PLANNING COMMISSION MEETING August 30, 1956 The meeting was called to order by Acting Chairman Rapp at 8:00 P. M. Members Present: Braun, Rapp, Romans, Rudd Members Absent: Barde, Guilford, Jones Friedrike B. Broadhurst Earl J. Hower, Attorney 4332 South Lincoln St. 4332-4340 So. Lincoln St. Hearing No. 43 Mr. Earl J. Hower, representing Friedrike B. Broadhurst, operator of a nursing home for adults at 4332 and 4350 South Lincoln Street, appeared and presented the original notice from the Englewood Building Inspector dated August 10, 1956 which advise that operations of said nursing home at the present address must cease or be moved within sixty days. The nursing home is being operated in two dwellings at theabove .addresses which are in R-1-D Zone District, which district does not permit such use. The operation was begun without City permission. 4332 South Lincoln was acquired and operation begun in August, 1953 and 4350 South Lincoln was acquired and included in the operation in June, 1954. The original cost of the homes was $10,500.00 each and approximately $4,000.00 in improvements have been made. The improvements apparently were also made without City permits since no record of same can be located. After considerable discussion, it was determined that the only course of action that could be followed by the Planning Commission would be consideration of rezoning to C-2 District-of an area surrounding the homes since any other appropriate zoning would constitute 'spot zoning which is illegal. The appellants were referred to the Zoning Board of Adjustment to request an extension of time of operation so that proper petitioning could be formulated for rezoning. Rudd moved: Braun seconded: that ·any action on the proposals from the parties appealing this case be deferred to a later date. Ayes: Braun, Rapp, Romans, Rudd Nays: None Absent: Barde, Guilford, Jones. The following letter was written to Harman , O'Donnell & Henninger Associates, Inc., Planning Consultants relative to the above problem ~