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HomeMy WebLinkAbout1956-09-13 PZC MINUTESI I I PAGE 153 There being no further business to come before the Planning Commission, the meeting was adjourned at 10:40 P. M. Approved: John D. Curtice Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENGLEWOOD PLANNING COMMISSION MEETING September 13, 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 Vice-Chairman Guilford entered just after the meeting was opened and too~ the Chair. E. 0. Davis See Below Hearing No. 44 2960 South Fox Street Request for Planning Commission consideration of rezoning of lots 11-18 inclusive, Block 2, S. G. Hamlins Addition from present R-2-B District to M-1 District for the purpose of permitting an office building and storage facilities. 'Mr. Davis indicated that he desires to remodel and enlarge an existing garage building to 1,200 square feet for a warehouse and to construct an office building of 4,200 square feet to be located on a site 12,000 square feet in size. Chairman Jones entered at this time and took the Chair. It was pointed out, to Mr. Davis, that this area had been seriously considered for Industrial zoning prior to the passage of the present Zonin g Ordinance and that this thinking was met by vigorous protest by residential property owners in the area. Mr. Davis was advised that, in order to avoid spot zoning which is illegal, an area bounded by the Fox-Elati Alley and the center line of South Galapago Street and West Bates Avenue and West Cornell Avenue would, of necessity, need to be included in any consideration for rezoning, thus making the considered area contiguous to an existing M-2 District. Mr. Davis was further advised that, if he elects to proceed with rezoning efforts, he should have a petition prop erly drawn showing area description and indicating in some way the resistance to such a movement and /or the lack of resistance. It was pointed out that the petitioner must bear the expense involved in posting of the property and the legal advertising. Nursing Homes See Below Hearing No. 43-A August 30, 1956 A letter, in reply to the Planning Commission's letter of August 30, 1956 to Harman, O'Donnel and Henninger Associates, Inc., was presented and read at this time. The letter was in reference to the problem of existing nursing homes in R-1-D Zone Districts within the City limits of Englewood. (See copy attached hereto). After discussion, Rudd moved: Braun seconded: that a copy of the letter from Harman, O'Donn ell & Henninger, replying to the Planning Commission's letter of August 30, 1956, be furnished to each member of City Council with the suggestion that no action be taken now on paragraph 5 therein until there has been consideration given paragraph 6~ Ayes: Braun, Guilford, Jones, Rapp, Romans, Rudd Nays: None Absent: Barde Mr. Rudd stated , at this time, that it was his opinion that corrections for the Zoning Ordinance should be gotten in order so that the corrected Zoning Ordinance can be made available in pamphlet form. A general discussion was held, at this time, relative to annexation policy of the City of En glew ood. PAGE 154 There being no further bus~ness to come before t h e Planning Commission, the meeting was adjourned at 11:20 P. M. ' ' Approved: Dorothy Jean Romans Secretary By: John D. Curtice Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD PLANNING COMMISSION Date: September 13, 1956 Subject: Convalescent Homes Recommendation: (First see enclosed letter to Harman, O'Donnel & Henninger and their answer.) It is suggested that no action be taken on Paragraph 5 of the answering letter until suggestions covered in Paragraph 6 are carried out. Harman, O'Donnel & Henninger Associates , 1100 Fourteenth Street Denver 2, Colorado September 12, 1956 Mr. Lee Jones Chairman, Englewood Planning Commission c /o City Clerk's Office Englewood, Colorado Dear Lee: Inc. Respectfully submitted, THE ENGLEWOOD PLANNING BOARD By:. Lee R. Jones Chairman With reference to your letter of August 30, 1956, relating to convalescent homes, I offer the following: 1. There is without question a need for this type of use and as a community grows, and longevity of life expectancy increases, the need will g,row greater. 2. With all due respect for the stated need, the fact remains that convalescent homes are a business use in the same sense as hospitals, etc., and, therefore, should not be permitted as a use in any single family zone districts. 3. Englewood could consider allowing this use in the R-2-B zone district in addition to those districts wherein the use is presently permitted. Certainly there could be some justification to do this because this district allows (a) nursery schools, (b) hospitals, (c) sanitariums, etc. 4 . In drafting a new zone map, there will always be some properties that are placed in a non-conforming designation, and if they are legitimately a non-conforming use and not operating in violation of any other laws of the community, they can continue the use with certain restrictions , such as, destruction, obsolescence, etc. These restrictions are contained in the new ordinance. If they were in direct violation of the old ordinance and cannot be legitimately called a non-conforming use under the new ordinance , then certainly action must be taken by the Building Inspector to see that the zone law is enforced. 5. In the present case, the only way to legitimize the use would be td allow the said use in R-1-D zone districts or to zone the specific sites in question to a zon e district wherein they are allowed. I doubt if either could be justified. 6. I agree with you that a definite policy of licensing, control, inspection and re g ulations be applied to these homes. By and large, the use is quite generally in older, large single family homes, two or more stories high, with many problems resulting therefrom, such as, ingress and egress, fire control, non-ambulatory patients located above the first floor, sanitation, light and air and many others. The City of Denver has very good controls in this respect and I would suggest that you discuss the matter with either Dr. Horowitz and /or Mr. R. Cameron of the Department of Health and Hospitals, who will be able to give you the benefit of their experience as well as responsibility of enforcing the laws as pertains to convalescent homes within the City ofDenver. Very truly yours, HARMAN O'DONNELL & HENNINGER /s /Bill H. William F. Henninger * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I I I