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HomeMy WebLinkAbout1976-12-21 PZC MINUTES• I • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 21, 1976 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Tanguma at 7:00 P.M. Members present: Don Smith, Ed Smith, Tanguma, Williams, Jones, Parker Wanush, Ex-officio Members absent: Pierson, Jorgenson, Wade Also present: Assistant Director Romans Associate Planner House II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of November 16, 1976, were to be considered for approval. Parker moved: Jones seconded: The Minutes of November 16, 1976, be approved as written. AYES: Parker, Ed Smith, Tanguma, Williams, Jones NAYS: None ABSTAIN: Don Smith ABSENT: Pierson, Wade, Jorgenson The motion carried. III. DUANE REYNOLDS HOUSEMOVERS 1220 South Grant Street to 3140 South Pearl Street Don Smith moved: CASE #32-76 Parker seconded: The Public Hearing on Case #32-76 be opened. AYES: Parker, Don Smith, Ed Smith, Tanguma, Williams, Jones NAYS: None ABSENT: Pierson, Wade, Jorgenson The motion carried. Mr. Williams questioned the need for a Public Hearing when the move involves a single-family house? Mr. Wanush stated that the staff will address this same point under "Director's Choice." Mr. Tanguma asked Mrs. Romans to give the staff report. -2- Mrs. Romans stated that the property was posted the required number of days, and public notice of the Public Hearing was • published in the Englewood Herald-Sentinel. Mrs. Romans stated that City Council adopted the Moving and Demolition Ordinance in 1975, following concern expressed by members of the Planning Commission, City Council and others regarding some buildings which had been moved into the City onto sites that were not appropriate for the structure, or structures that were left on jacks for an extended period of time. The Ordinance states, very simply, that no permit shall be issued to move a structure onto a site in the City of Englewood unless and until the matter has been considered and approved by the Planning Commission following a Public Hearing. Mrs. Romans stated that Duane Reynolds is the applicant in the case before the Commission this evening. Mr. Reynolds wants to move a single-family structure from 1220 South Grant Street in Denver, to 3140 South Pearl Street. Mrs. Romans presented the Commission with a poster of photographs of the house to be moved and the site to which the structure is to be moved. Mrs. Romans stated that the south property line of the site is the north property line of the Washington School site. The site was previously part of a 100 ft. ownership, and was used as a garden area. The site does meet the 6,000 sq. ft. minimum lot area required in the Comprehensive Zoning Ordinance for a building site in the R-1-C Zone District. Mrs. Romans stated that the structure has a floor area of 735 sq. ft., which is below the minimum floor area standards set forth in the R-1-C Zone District. Mr. Reynolds has indicated, in the information submitted to the Commission, that he is planning a room addition to the structure, said addition to be 13' x 13' which will bring the floor area up to 904 sq. ft. The proposed location of the structure on the site will meet the setback requirements of the Comprehensive Zoning Ordinance, and the house is architecturally compatible with the neighborhood to which it is to be moved. The staff does recommend that the relocation of this structure to 3140 South Pearl Street be approved. Mr. Jones asked if the location of the Washington School play ground immediately to the south of the site would cause any problems for the occupant of the structure. It was pointed out that possible problems to an occupant moving into a house next to a school playground would not be proper consideration in determining whether or not the house should be moved onto the site. Don Smith asked if the addition to the structure would be frame, or would it be of matcbing brick? Duane Reynolds 2124 South Birch -3- Suite 107 -stated that he has checked on the brick; he cannot match the size of the brick exactly, but he can match the color. There will be a 1/4" difference in size per brick. He stated that the addition to the structure would be brick veneer. Mr. Williams stated that he knew Mr. Reynolds and would recommend his work very highly. Ed Smith asked how soon the structure was to be moved? Mr. Reynolds stated that he has an excavator lined up to begin work immediately; he has also arranged for soil testing --he now plans to put in a basement rather than just a crawl spac~ and needs the soil test for this reason. Mr. Reynolds stated that he would hope to be able to move the structure by January 5th. He stated that he has done considerable moving of structures, and has never spent more than 120 days until the structure was rentable or salable. Mr. Jones asked if the off-street parking would be from the alley? Mr. Reynolds stated that he didn't know at this time; he would prefer that the parking access not be from the front of the lot if possible. Mr. Jones asked if the Public Works Department anticipated any problems with drainage? Is this area in a flood plain? Mrs. Romans stated that Public Works has indicated there would be no problem. Mr. Tanguma asked if anyone was opposed to the proposed re- location of the structure? No one indicated opposition to the proposal. Don Smith moved: Jones seconded.: The Public Hearing on Case #32-76 be closed. AYES: Jones, Parker, Don Smith, Ed Smith, Tanguma, Williams NAYS: None ABSENT: Jorgenson, Pierson, Wade The motion carried. Ed Smith stated that he believed the City of Englewood should, if at all possible, aid in all efforts to build or develop the vacant lots in the City. The costs of new construction are too restrictive, and relocating structures seems to be one feasible way to develop the area. Ed Smith moved: Williams seconded: The Planning Commission approve the request of Duane Reynolds Housemovers, Inc., to re- locate a single-family structure from 1220 South Grant Street, Denver, to 3140 South Pearl Street, Englewood. -4- AYES: Williams, Jones, Parker, Don Smith, Ed Smith, Tanguma NAYS: None ABSENT: Wade, Jorgenson, Pierson The motion carried. IV 0 DIRECTOR'S CHOICE Mr. Wanush noted that packets containing proposed changes to the Auto Wrecking Yard Ordinance, Definitions, and to the Moving and Demolition Ordinance had been given to each member. Mr. Wanush discussed the proposed changes to the Moving and Demolition Ordinance. Mr. Wanush stated that the staff has questioned the need for a Public Hearing before the Commission on the relocation of a single-family structure into a single- family district" The problems that created the need for such an Ordinance were caused by attempting to move a structure that was too large for the site, or by incompletion of the job following the movement of a structure --leaving the structure up on blocks for an extended period of time. The staff proposes the Ordinance be amended by not requiring the Commission approve movement of a single-family structure, but that the matter be handled ad- ministratively; there would be no change on the requirements the mover would have to meet as far as compliance with the Comprehensive Zoning Ordinance and other applicable codes and ordinances. Mrs. Romans pointed out that the staff proposes that this amendment also apply to the commercial and industrial zone districts" Ed Smith stated that he felt the proposal seemed reasonable as far as the industrial district was concerned ; he felt thi s proposal as applied to the commercial districts would preclude any type of architectural control; he felt the City did now have a bargaining position on the structures to be moved in. Mr. Wanush stated that the City had no real control except meeting requirements of the Comprehensive Zoning Ordinance and the Building Code. Mro Williams stated that he felt there has been a great deal of improvement in moving houses; the house movers don't move houses unless they meet the requirements of the location they are moveq to. Mr. Reynolds stated that he felt the existing Ordinance covered the type of house that was to be moved by the word "compatible". Discussion ensued. Ed Smith asked if Mr. Wanush felt there was need for architectural control in the City of Englewood? Mr. Wanush stated that this matter is very complex, and that the Courts have made no clear ruling. He stated he understood that Colorado is gener al ly against such ordinances which are based on esthetics. Mr. Tanguma stated he would oppose architectural control of any • • -5- kind; he felt that such control would infringe on an individual's rights. Discussion ensued" Don Smith asked, in the event of an imp as s e o n the determination of proper design, etc. between a bus ine ssman and the administration, who would make the final decision? Mr. Wanush stated that an appeal could be made to the Board of Adjustment. Further discussion followed. The matter of notice to property owners of a structure to be moved in was discussed. Mr. Reynolds stated that he felt it is a good idea to post the property giving notice of such a relocation; however, he questioned that the posting time need be 15 days. He suggested that a seven (7) day posting time would be sufficient. Discussion followed. Mr. Wanush stated that the staff proposals are only an attempt to expedite the procedure for the mover of single-family structures. Don Williams stated that housemoving is a business. If more restrictions are placed on them, it is an interference with their business. He stated that he didn't feel the majority of housemovers would try to do som •3thing contrary to the City Ordinances. He emphasized that housemoving is an important business. Mr. Wanush stated that generally, Mr. Williams' beliefs may be correct; however, it was as a result of problems with housemovers that the Moving and Demolition Ordinance was drafted and adopted. Mr. Wanush stated that the general procedure outlined in the Ordinance is good; the staff is only attempting to expedite matters for the mover of a single-family house into a single- family neighborhood. Ed Smith stated he felt there was a two-fold problem; that of the housemover, and the property owner who may not follow through once the structure is moved onto his property. Mr. Reynolds stated that this is a good point; the minute the house is set down on the new site, the job of the housemover is technically over. If the housemover owns the property to which the house is moved, as is the case at 3140 South Pearl Street, then the housemover would be responsible to follow through on the com- pletion of the house until it is livable; however, if the property to which the house is moved is owned by someone els~ then it is the property owners' responsibility. Discussion ensued" Mr. Wanush stated that some changes are also proposed in the section of the Ordinance pertaining to Demolition of Structures. Mr. Wanush stated that another proposal on cQanges in the Auto Wrecking Yard Ordinance is also to be considered. This pro- posal does state that auto wrecking yards in effect by a given date may be allowed to improve, extend, enlarge or repair any existing structure, or to construct a new structure subject to -6- the conditions set forth in the Ordinance. This is to be considered at the next meeting. V. COMMISSION'S CHOICE, Mr. Parker noted that letters mailed by the City inquiring on the status of Non-Conforming Uses are supposed to be mailed by Certified Mail; however, the past two years, he stated they have been in the regular mail. He noted it might be rather difficult for the City to prove that such a letter was indeed mailed to an individual when they have no signed certified receipt. Mr. Jones asked Mr. Wanush's opinion of the joint meetings on I-470. He stated that he felt the part the City of Englewood played in initiating these meetings was of considerable ad- vantage to the southwest Denver metro area in reaching a degree of unanimity. Discussion ensued. Mr. Wanush stated there is still a "lot of politicking going on", and that there is still a role for the City of Englewood to play; he stated that he felt Englewood's initiative in getting these meetings going was good, and that unless this process continues, the southwest area could possibly lose what they have gained thus far. The • City of Englewood has sent a letter to the County Commissioners recommending that another meeting be convened in January to pursue the withdrawal from the interstate system and the transfer pro- cess. Mr. Wanush stated that he felt it would be of benefit to Englewood to reach some conclusion on U.S. 285 --there is an opportunity to attempt to get some money for improvement of ~ U.S. 285 which should not be passed up. First, however, there must be a basic agreement on the type of improvement we want on u.s. 285. Mr. Tanguma suggested a possible meeting with City Council to discuss U.S. 285. Mr. Wanush suggested a work session on all the alternatives for improvement of U.S. 285, Discussion en- sued. Mr. Jones stated that a real problem is determining what design the interchange at U.S. 285/Santa Fe Drive should be, Mr. Wanush stated that January 4th might be too soon to get the information together, but the staff would get on this matter immediately. Williams moved: Parker seconded: The meeting be adjourned. The motion carried; meeting adjourned at 8:00 P .M . Gertrude G. Welty Recording Secretary