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HomeMy WebLinkAbout1961-12-07 PZC MINUTESI I I Page 603 IV. GORDON TRACT CASE #13-61E A minor discussion was held on the Gordon Tract. Mr. Kelley felt the residents of the area should take the initiative on any further attempts to settle the rezoning question; that once they had agreed upon a mutual zoning classification, that the Commission would be more than glad to discuss it with them, and do everything they could to settle it to everyone's satisfaction. Meeting adjourned at 1:35 p.m. Respectfully submitted, Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of December 7, 1961 The regular meeting of the Englewood Planning and Zoning Commission was called to order at 8:00 P.M. by Chairman Kelley. Members present: Hill, Martin, Miles, Pershing, Rice, Kelley Romans, Ex-officio Members absent: None I. LUNDGREEN REZONING 855 West Oxford CASE #23-61 Mrs. Romans gave a brief review of the case. The area fronts on Oxford and is between Huron and Inca Streets. It was stated there had been some confusion on the exact area included in the request. The applicants requested R-3-B zoning for "All of tracts 7 and 8, except the North 21.4 feet thereof and the Sout~ 71 feet of the North 92.4 feet of tract 6, Childers SUBDIVISION, County of Arapahoe, Colorado." As Tract 6 is now Inca Street, Mrs. Romans stated she consulted Mr. Harrison, attorney representing Mr. and Mrs. Lundgreen, and included Tract 9 rather than 6 to take in the entire south half of the block. She further stated the area had been properly posted and proper publication given in the paper. Slides were shown of the subject and surrounding area. It was pointed out that the subject use, though non-conforming, is legally registered with the Building Department. The surrounding area is developed entirely as single family residences. This was again shown on the land use map of the area which Mrs. Romans displayed. Mr. Kelley pointed out to the audience that the Planning Commission has no power to change zoning; that theirs is an advisory position; any change in zoning would be from the City Council acting upon a recommendation of the Planning Commission. The public hearing was declared open. Mr. Harold Harrison, counsel for Mr. Lundgreen, stated Tracts 7 and 8 were owned by the Lundgreens, and that they wished to replace old substandard units with modern multiple dwelling units. He pointed out that there are only three rows of houses separating this subject area from M-1 zoning to the west. Considering the close proximity of Industrial zoning, he considered it illogical to develop this area as R-1. Mr. Lundgreen stated he did not intend to include anyone else's property in his request. The street had been dedicated in January of 1961. He further stated they purchased their land over two years ago with the understanding it was zoned R-3. He stated the structures were converted chicken coops; the structures were "piece-meal"; there were no windows in some bedrooms; the floors were not in good condition, but that the structures were fully occupied, the residents having some 20 children among them. He further stated he had con- ferred with representatives of Tri-County Health upon several occasions. Mr. Harrison thereupon read a letter from John Towle of Tri-County Health dated December 7, 1961, as follows: Mr. Robert Lundgreen 855 West Oxford Englewood, Colorado Dear Mr. Lundgreen: "TRI-COUNTY DISTRICT HEALTH DEPARTMENT ARAPAHOE COUNTY OFFICE 4857 South Broadway Englewood, Colorado Tel. SU 1-5597 December 7, 1961 This department has made a survey of the property known as 855 West Oxford, Englewood, Colorado. We find that there are living units in use with substandard plumbing, wiring and heating. There are a number of potentially hazardous conditions in and about the strµctures on this premise. Some of these are unsafe and deteriorated foundations, im- properly trapped and vented plumbing, exposed and bare wiring, improperly vented heating, improper storage and disposal of trash and garbage, inadequate space and height of room- ceilings. Page 604 This department recommends that you seriously consider the complete replacement of these units. If you find this impractical, you should consult professional architectural advise as to the use and /or reconditioning of these structures. For further .informatiofil 'regarding this matter please call SU 1-5597.· /ts" Yours truly, TRI-COUNTY DISTRICT HEALTH DEPARTMENT John E. Towle, Sanitarian Mr. Miles asked if other notices from Tri-County Health had been received prior to December 7, 1961. Mr. Lundgreen replied in the affirmative, and stated that several of the con erences had been at his own request. R. E. Ratcliff 4025 South Inca -stated that most of the residents relocated in Englewood from Denver; they chose houses within their means and although · they purchased with misgivings because of this problem, they were assured it would be cleaned up and replaced with R-1 structures. Mr. Ratcliff presented a petition signed by 30 residents of the area opposing the rezoning request, asking the Commission to deny same for the following reasons: 1. The area does not consist of the required one city block, and is not contiguous to like zoning classification. 2. We feel proof of need for this rezoning does not exist. 3. This request does not comply with other zoning ordinance provisions. Mr. Ratcliff further stated that if the request is denied, he felt the ·property should be condemned and brought up to existing R-1 zoning requirements; that if the request was granted, a dangerous precedent had been set, as any one else could and would expect "spot" zoning if they requested it. Mr. Ratcliff said he believed the "dangerous" traffic situation which Mr. Harrison and Mr. Lundgreen had referred to would be noticeably increased by an R-3 de- velopment; also that Maddox School would certainly be unable to provide facilities to take care of the children that would live in this development. He further stated he would like to submit counter petitions to have the area condemned. Joe Atencio 4115 South Fox stated he opposed both rezoning requests in this area, and presented a petition with 53 signatures of residents opposing the rezoning. Mr. Harrison asked Mr. Atencio if :he weren't more concerned with the rezoning request of Mr. Mccurdy. Mr. Atencio stated he felt that was not a fair assumption; that the entire area could be affected by either of these requests. Mr. Clayton Smith ' , 4100 South Fox -felt that a Light Industrial development next to an R-1 development is very desirable. Be liked living next to Light Industry. Mrs. Clayton Smith 4100 South Fox St. stated she felt the rezoning would not guarrantee a clean up of the slum situation, but only make it conforming. Mr. Hariison asked if it was fair to ask Mr. Lundgreen to tear down these buildings, and thereby tear down his income. Mr. Ratcliff asked why the area couldn't be developed with single family residences and rented. Mr. Miles stated he objected to the petty arguments ensuing from the floor. He did not feel anything of importance was being brought out. Mr. Rice concurred ~ · 1 Mr. Brown 4125 South Inca -asked 1 how many units would be erected in this area? Mr. Lundgreen replied 30 units .. Mr. Brown then asked why an R-2 zone wasn't considered; Mr. Lundgreen could .erect as many units as he presently has, and could rent them for more. Mr. Kelley declared the hearing closed. Mr. Harrison was asked for a summarization of his case. He stated that he considered the M-1 zone against an R-1 district to be illogical, arbitrary and inconsistent; that zoning must be consistent and as this was not, it would therefore, be considered unconstitutional and illegal. Mr. Kelley asked for a summarization of the opponents' views. Mr. Pat Clark 4035 South Inca -questi o ned Mr. Harrison's charge of poor planning, considering there is a highway and a railroad on the western city limits in this area; he commended the Planning Commission for having Industry along this area, and stated that he liked living next to this orderly industrial development. RICE MOVED: MILES SECONDED: Action on the rezoning request of R.F. and J. M. Lundgreen be tabled for further consideration. The motion carried unanimously. A five minute recess was called by Chairman Kelley The meeting was called to order at 9:45 p.m. I I I I I I II. MC CURDY REZONING Vacant Area Between Fox and Galapago St. Fronting on Oxford. Page 605 CASE #24-61 Mrs. Romans gave a brief review of the case. is for R-3-B. Slides were shown of the area. publication requirements had been met. The area is presently zoned R-1-D; the request It was stated that proper posting and The hearing was declared open. Mr. Tom Masterson, attorney for Mr. Mccurdy, stated it had been the intent of the owner to erect four apartment buildings with a total of 115 units. One building had to be taken out to provide parking space, and the total units now proposed would be 90 to 95. He described the area as a "no man's land" or an island; stated that Galapago Street would never go through, as there is a house presently erected in the middle of Galapago. Mr. Masterson said if the area were to be developed as R-1, only the cheapest type development could be put there, and in ten or fifteen years, the area would be a blight. Mr. Joe Atencio 4115 South Fox -stated he was a land owner and resident in the immediate area. He stated there were "No Left Turn" signs installed at Galapago and Oxford because of the dangerous situation existing. With added traffic from the proposed development, the situation would be considerably worsened. Mr. Atencio stated he wished to resubmit his petition opposing these rezonings. Mr. R. E. Ratcliff 4025 South Inca -stated he would oppose this proposed development; that a construction of this type would work a hardship on people of the area. Clayton Smith 4100 South Galapago -wished to go on record as backing Mr. Atencio; 115 additional cars would present a hazard. Mr. Atencio felt if this rezoning request was granted by the Commission and the Council, their action would be arbitrary. Mr. Masterson stated they were not trying to create anything unusual; they had not met objection in 1958 .when a post office. had been proposed f or this location. Mr. Smith asked what guarantee they had that this type development would be constructed there. Mr. Kelley replied that any use permitted in R-3-B could be constructed there. Mrs. Olson 4111 South Galapago -reported the area residents were never informed of the intention to put a post office on the site. Mr. Rice pointed out that public buildings were a permitted use in an R-1-D Zone. The hearing was declared closed. MILES MOVED: HILL SECONDED: That the action on the matter be tabled for further discussion. The motion carried unanimously. III. ERNEST CONRAD REZONING CASE #2 5 -61 Mrs. Romans gave a brief review of the rez oning request. The area extends from Grand to Belleview, from the Acoma-Broadway alley to Acoma, and is presently zoned "P" (parking only as an accessory use to a business). The request is for R-3-A. Mrs. Romans had slides of the area which were shown to the Commission members. It was stated there were two rezoning requests for the same block. Proper publication and · posting had been under both zone classification requests. The hearing was declared open. Mr. Bryant and Mr. Dixon L. c. Fulenwider Inc., Realtor -stated they were agents transacting the sale on Mr. Conrad's land. Zoned as it was, they felt the land was of no value and they could not sell it. They stated they did not object to the C-2 Zone request; they wanted only a better zone classification. Mr. Baerer stated he owned two vacant lots that he could do nothing with. He indicated he would be pleased to have it changed to R-3-A. Mrs. Dreher 4815 Sou th Broadway -stated . the pe ti ti on f or C-2 zoning was signed by Mr. Conrad. She asked what effect this would have on their request. Mr. Kelley stated no action would be taken until both hearings have been held. Mrs. Romans reminded Planning Commission members that the Planning Commission may recommend changes in whole or in part. The hearing was declared closed. PERSHING MOVED: RICE SECONDED: The matter be tabled for further consideration. The motion carried unanimously. Page 606 IV. JEROME RUSH REZONING 4800, 4900, and 5000 blocks South Acoma. CASE #26-61 Mrs. Romans stated the C-2 zoning request, filed by Jerome Rush, was for the entire area on Acoma that is presently zoned "P". Slides of the subject area were shown, and also the west side of the 4800, 4900, and 5000 blocks of South Broadw ay. The hearing was declared open. Jerome Rush felt the main reason the area has not developed, was that it hasn't been open to development. He stated that when he built his house, the area was in Arapahoe County , and it is now a non-conforming use. He felt that most of the people in the area would like parking to the front and have business to the rear; he realized they needed parking to main- tain their businesses. It was pointed out that most of the property goes straight through from Broadway to Acoma. Mr. Rush did not feel that, in this case, a 1 /2-1 /2 zone was de- sirable; also, that this area on Acoma was prime commercial land. Mr. Dixon asked if the alley in the 5000 block o f South Acoma was dedicated or vacated. Mrs. Romans answered that it was dedicated; a request to have it vacated had been received some time ago. Mr. Rush said there was no possibility of the alley going through in the 4800 and 4900 blocks of South Acoma. He said there is, however, an easement maintained for utilities. The hearing was declared closed. Mrs. Romans stated Lee Schillinger had contacted her office in this matter, and that he was in favor of C-2 z oning. Mr. Rush stated that Mr. M. Shivers, a property owner in the area, was in favor of C-2 zoning. HILL MOVED: MARTIN SECONDED: The matter be tabled for further consideration. The motion carried unanimously. V. RINGENBURG ELM TRAILER COURT 3141 South Santa Fe CASE #27-61A December 5, 1961 Mrs. Romans stated that Mrs. Ringenburg owns the Elm Trailer Court; there are existing, eight "shacky-type" units, which may be rented. Mrs. Ringenburg wishes to replace these eight substandard units with eight modern trailer spaces. The Board of Adjustment has said such a situation is out of their jurisdiction. City Council has referred the matter to the Planning Commission for their study and recommendation. MARTIN MOVED: Discussion followed. That the Planning Commission recommend to the City Council that the City Attorney be authorized to work on the Mobile Home Ordinance to enable the improvement of the property without adding additional rentals. The motion died for lack of a second. MARTIN MOVED: HILL SECONDED: The matter be tabled. Mr. Rice felt there should be an extension of time granted and the prope r City o ffice should be notified. MILES MOVED: RICE SECONDED: The Planning Commission recommend to City Council that the Planning Commission is working on the Mobile Home Ordinance, and that an extension o f time be granted to the Ringenburgs. The motion carried unanimously. VI. GORDON TRACT CASE #13-61F A memo from the City Manager was read by Mrs. Romans. Brief discussion followed. No action was taken. VII. CINDERELLA CITY SITE PLANS CASE #29-61C There was a brief discussion of the Cinderella City Site Plans. No action was taken. VIII. METRO GROWTH PLAN. Mrs. Romans asked Commission members if any more thought had been given to the resolution ICRPC has presented. No action was taken. IX. ZONING ORDINANCE AMENDMENT T-Zone CASE #28-61 Mrs. Romans pointed out that the T-Zone allowed any use in R-1 or R-2 zones. It did not specify which R-1 or R-2 classification. She feels the Ordinance should be amended immediately to read "any use in R-1-D or R-2-A." Discussion f ollowed; no action was taken. I I I I I The meeting adjourned at 12:00 A.M. Respectfully submitted, Gertrude Welty Recording Secretary Page 607 ' ' MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND , ZONING COMMISSION DATE: December 7, 1961 SUBJECT: Extension of time for Elm Trailer Court RECOMMENDATION: The Planning Commission recommend to City Council that the Planning Commission is working on the Mobile Home Ordinance, and that an ex- tension of time be granted to the Ringenburgs. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of December 21, 1961 The regular meeting of the Planning and Zoning Commission was called to order at 8:10 P.M. by Chairman Kelley. ' Members Pre~ent: Hill, Martin,·Miles, Pershing, Kelley Romans, Exofficio Members absent: Rice I. APPROVAL OF MINUTES MILES MOVED: MARTIN SECONDED: The Minutes of November 9, 1961, and December 7, 1961, be approved as presented. The motion carried unanimously. - - -- -- - --- --- - --; - - II. LUNDGREEN REZONING 855 WEST OXFORD' CASE #23-61A December 7, 1961 A brief review of the rezoning request was given. No proof has been presented that there is a need for additional R-3 zoning; it is spot zoning, and meets . none of the rezoning require- ments set up by City Council and the Planning Commission. MILES MOVED: MARTIN AND HILL SECONDED: The Rezoning request filed by Mr. Lundgreen for R-3-B be denied for the following reasons: 1. The subject area does not meet the area requirement of at least one city block that was adopted by Council Resolution on August 5, 1957. 2. The subject area is not contiguous to a like zon& classification. 3. Adequate proof has not been presented to in9icate that additional need exists for R-3 zone. , , 4. The surrounding area is no.v developed for single-family use. 5 . There was considerable objection to the request, both by written petition filed with the Planning Commission and by persons present at the public hearing before the Commission on December 7, 1961. The motion carried unanimously. III. MC CURDY REZONING AREA BETWEEN FOX · AND GALAPAGO FRONTING ON WEST OXFORD AVENUE. CASE #24-61A December 7, 1961 A review of the case was given. The area is developed for single-family residences. The subject area is now vacant; it meets none o f the rezoning requirements.