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HomeMy WebLinkAbout1965-06-09 PZC MINUTESPage 852 IX. STUDENT GOVERNMENT DAY. The recent Student Government Day and City Council meeting were discussed. The Planning Director and Commission members were very much impressed with the interest and knowledge of these participating students in the affairs of City government. Rice moved: Parkinson seconded: A letter from the Planning Commission be sent t hese students commending them on the interest and concern shown for the City government. The motion carried unanimously. Rice moved: Parkinson seconded: The meeting be adjourned. The motion carried unanimously, and the meeting was declared adjourned at 10:30 P.M. Respectfully submitted, Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: May 19, 1965 SUBJECT: Midwest-Atlas Wrecking Yards RECOMMENDATION: The Planning Commission recommend to the Board of Adjustment and Appeals that the merger of the Midwest and Atlas Wrecking Yards be approved. It is suggested that the Board request a covenant from the owners of the Atlas Wrecking Yard restricting future use of the land as an Auto Wrecking Yard, and if required by the City Council, to further request the dedication of 30 ft. right-of-way for West Bates Avenue from said property owners. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I, CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 9, 1965 Regular Meeting The regular meeting of the City Planning and Zoning Commission was called to order at 8:13 P.M. by Chairman Carlson. Members present: Woods, Touchton, Rice, Fullerton, Carlson Romans, Ex-officio Members absent: Parkinson Also present: City Manager Dial, City Attorney Criswell, Messrs. Berwick, Stites, Hill and Norgaard. II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of May 19, 1965, were to be considered for approval. Touchton moved: Fullerton seconded: The Minutes of May 19, 1965, be approved as written. The motion carried unanimously. III. MR. HERBERT BERWICK 3200 South Broadway CASE #7-65A May 19, 1965 Mrs. Romans reviewed the meeting of May 19, 1965, at which time Mr. Berwick and Mr. Stites discussed the proposed self-service filling station at 3200 South Broadway. Filling stations are not permitted uses in the B-1 Zone District; however, the Board of Adjustment and Appeals has granted a variance to Mr. Berwick to reinstate the filling station use. Mrs. I I I I I I Page 853 Romans mentioned the similar station operated at 2200 West Evans Avenue, for which a Building Permit and Occupancy Permit has been issued by the Building Department. She stated that she has been in contact with Denver officials, and the Denver Fire Department will not allow self-service filling stations on a fire hazard basis. She further stated that Chief Woods of the Englewood Fire Department has stated he is very much opposed to these self-service filling stations, and would like to see an Ordinance adopted prohibiting such uses within the City. She recommended that such an Ordinance be drafted and approved as soon as possible. Mr. Parkinson entered and took his seat on the Commission. Mrs. Romans reported that the Building Inspector had discussed this with her, and that she had told the Inspector that the Commission did not feel this problem was within their juris- diction; however, if an interpretation of the Comprehensive Zoning Ordinance were desired by the Building Department, she felt sure the Commission would give it. Mr. Berwick stated he wanted his property to become an asset to the City, and felt that the self-service filling station would enable it to be so. He commented that the Board of Ad- justment had given a variance for the Use, even tho the use had been discontinued for some time. Mr. Rice asked how long the property was used for other than a filling station? Mr. Berwick replied he had not checked the records, but thought it was two or three years. Mr. Rice stated he did not feel the Board of Adjustment had a basis or authority to grant the variance. Mr. Berwick replied the violation was on the part of the tenant --Mr. Mosko -- and not on the part of the owner. Mr. Rice pointed out that a Non-conforming Use goes with the land, not the owner, and that in this case, the use as a filling station had been dis- continued for more than a year. He then cited the one-year limitation on Non-conforming Uses as set forth in the 1963 Comprehensive Zoning Ordinance. Mr. Woods asked what the Commission has been asked to do? Mrs. Romans stated she understood from Mr. Berwick that Mr. Wallace had referred Mr. Berwick to the Planning Department for an interpretation of the Ordinance. Mr. Berwick stated this was correct. Mr. Stites stated they were now seeking permission to covert a 22' x 28' addition to the original structure to living quarters for an attendant. Mr. Criswell was asked if the Planning Commission had any jurisdiction in this particular case? Mr. Criswell pointed out that the Comprehensive Zoning Ordinance places responsibility of interpretation on the Board of Adjustment; any point of view expressed by the Commission in the matter of interpretation could not be regarded as official action. He felt that this situation called for interpretation and/or a variance, and therefore, should be before the Board of Adjustment and Appeals. Mr. Rice cited Section 22.2-6d of the 1963 Comprehensive Zoning Ordinance, which section reads: "d. Interpretation. The Board is authorited to interpret the provisions of this Ordinance, and when deemed necessary by the Board, submit reports to the City Planning and Zoning Com- mission and the City Council suggesting amendments to the Ordinance to clarify the intent and purpose of any article, section, or paragraph on which it has occasion to rule. The Board may request information from the Planning and Zoning Commission concerning any article, section, or paragraph on which the Board has occasion to rule." Discussion followed. Mr. Carlson apologized for the inconvenience caused Mr. Berwick by this misunderstanding, and stated that if Mr. Berwick desired a change of zoning such would be within the jurisdiction of the Commission. Mr. Berwick asked if the Commission felt a change of zone for this area would be feasible? The Commission members agreed they had not discussed this particular aspect and could not give an informal opinion. It was explained to Mr. Berwick that he has the right to apply for rezoning at any time. Discussion followed; Mrs. Romans asked if Mr. Berwick had made specific application for a variance? Mr. Berwick replied he had not; he had discussed this with the Building Inspector and had been encouraged by the reaction to the proposal. The Commission directed Mr. Berwick to take the case to the Board of Adjustment and Appeals. Parkinson moved: Fullerton seconded: Further discussion on the matter of a self-service filling station at 3200 South Broadway be tabled. The motion carried unanimously. Discussion of the powers and jurisdiction of the Board of Adjustment and the appeal of decisions of the Board followed. IV. MASTER STREET PLAN Core Area Traffic CASE #2-65G May 19, 1965 May 12, 1965 April 21, 1965 April 14, 1965 March 17, 1965 February 14, 1965 February 10, 1965 The meeting of May 19, 1965, was reviewed. Methods of financing the off~street parking ~ot acquisition was discussed at that meeting. Mrs. Romans r~ported on ~ trip t~ L~veland with Mr warren Brandt Traffic Engineer with Inter-County Regional Planning Commission, to study th;t City's traffic and parking patterns. The acquisition of one of the parking lots has been financed by direct contributions of the downtown businessmen. Mr. Hill discussed special improvement districts as a means of financing the parking lots. The need for the power of condemnation was also discussed; it was Mr. Hi~l'.s.opinion that it would help expedite the program if the City would be a party to the a~qu1sition. He also indicated he felt it would work more feasibly if the City were to police the lots and had ownership. Page 854 Mr. Norgaard stated he felt an improvement district could be formed with little opposition in the Core Area. He asked if there were some way the assessments could be placed on the tenant, such as the Business and Occupational Tax Assessment? He did not feel a "voluntary" program would be feasible. The financing of these lots by issuance of bonds was discussed. Mr. Criswell stated there is a Statute which does give authority to finance a special district of this type by issuance of revenue bonds, general obligation bonds, or by a mill levy. He stated t~e Improvement District could not levy a Business and Occupational assessment; it could be financed by mill levy and general obligation bonds. These bonds would not be debited against the City, but against the District. Discussion ensued. Mr. Hill asked if a contract between the property owner and the tenant were made, would it be applicable to future tenants? Mr. Criswell stated it would not. The "bond" financing was further discussed. Mr. Dial pointed out the variance in assessments based on improvements on the property. Mr. Dial then discussed the financial status of the City. Council has approved a storm drainage program in the industrial area along Santa Fe, v.hich will greatly deplete available funds. The Sales Tax revenue has decreased also. Mr. Dial stated if the properties proposed for off-street parking lots could be purchased on a "deferred payment" play, the City could participate in the program. Discussion followed; it was felt an appraisal of the proposed properties was needed .to en- able a definite program to be established. The members felt that definite statements of the extent of the City's participation in such a program would be an aid in the successful es- tablishment of an improvement district. Mrs. Romans suggested that members of the Commission, city officials and businessmen from the Core Area visit Loveland and discuss with Loveland officials the parking program in that City. Discussion ensued. Mrs. Romans was asked to contact Loveland City Manager Kane and to make arrangements for members of the Planning Commission, City Council, Chamber of Commerce members, and Merchants Association members to visit Loveland and to discuss their Core Area development program. Rice moved: Parkinson seconded: The meeting be adjourned. The motion carried unanimously, and the meeting was declared adjourned at 10:10 p.m. Respectfully submitted, Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JUNE 23, 1965 REGULAR MEETING I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 8:10 P.M., Chairman Carlson presiding. Members present: Woods; Touchton; Rice; Parkinson; Fullerton; Carlson Romans , Ex-officio Members absent: None Also present: Mr. Kenneth Tuten. II. APPROVAL OF MINUTES. Chairman Carlson stated the Minutes of the June 9, 1965, meeting were to be considered for approval. Parkinson moved: Rice seconded: The Minutes of June 9, 1965, be approved as written. The motion carried unanimously. III. NEW BUSINESS. A. WRECKED AUTO DISPOSAL. Mrs. Romans stated that Mr. Tuten had been invited to the meeting to show a film of an auto- mobile "shredder". This machine is very similar to one Mr. Tuten has designed and has had in operation on a smaller scale. Mr. Tuten stated he had attended a national convention of auto wrecking yard dealers held last October in Los Angeles. At that time, he saw the operation used by a firm in Los Angeles to dispose of the car bodies, and designed the small model he now has at Midwest Auto Parts. Mr. Tuten displayed frag ments of auto bodies which have been run through his machine and stated that it is usable material. The engines, gas tanks, and seats are removed fr~m the cars before they are put through the machine. I I I