Loading...
HomeMy WebLinkAbout1976-02-03 PZC MINUTES. . CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 3, 1976 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p .m. by Vice-Chairman Tanguma. Members present: Don Smith, Jorgenson, Parker, Pierson, Ed Smith, Tanguma, Williams Romans, Ex-officio Members absent: Wade, Jones Also present: Associate Planner House Assistant City Attorney DeWitt II. APPROVAL OF MINUTES. Mr. Tanguma stated that Minutes of January 20, 1976, were to be considered for approval. Mr. Smith stated that Page 18, 3rd Paragraph, should show that he made the statements, and not Mr. Tanguma. Jorgenson moved: Ed Smith seconded: The Minutes of January 20, 1976, be approved as corrected. AYES: Jorgenson, Parker, Ed Smith, Tanguma, Williams NAYS: None ABSTAIN: Pierson, Don Smith ABSENT: Jones, Wade The motion carried. III. RE-ORGANIZATION OF COMMISSION. Mr. Tanguma stated that nominations for Chairman were open. Mr. Parker nominated Mr. Tanguma as Chairman; Mr. Don Smith seconded the nomination. Mrs. Pierson nominated Mr. Ed Smith as Chairman of the Com- mission. Jorgenson moved: Don Smith seconded: The nominations for Chairman be closed. AYES: Jorgenson, Parker, Pierson, Ed Smith, Tanguma, Williams, Don Smith NAYS: None ABSENT: Wade, Jones The motion carried. -2- Written ballots were cast; Mr. Tanguma was elected Chairman of the Planning and Zoning Commission for the year 1976. tt Parker nominated Mr. Ed Smith as Vice-Chairman of the Commission. Mr. Williams seconded the nomination. Don Smith moved: Parker seconded: The nominations for Vice-Chairman be close d, and Mr. Smith elected by white ballot. AYES: Williams, Jorgenson, Parker, Pierson, D. Smith, E. Smith, Tanguma NAYS: None ABSENT: Jones, Wade The motion carried. IV. SUBDIVISION WAIVER I. M. Blomberg CASE #6-76A January 20, 1976 It was moved and seconded to raise the matter of the Blomberg Subdivision Waiver request from the Table. The motion carried. Mr. Tanguma asked Mrs. Romans for a brief background on this case. Mrs. Romans stated that Mr. Blomberg has requested a Waiver to the Subdivision Regulations on his property at 2700 West Union Avenue. The property is located south of West Union Avenue, on the east side of South Clay Street extended. There is a 16 ft. dedication for South Clay Street adjacent to the west side of the property which was dedicated several years ago by the property owners to the west. Discussion at the last meeting centered around whether or not the City could require the 30 ft. right-of-way from the west side of Mr. Blomberg's property to provide access to properties lying south of the subject site. If it is determined in the future that a 60 ft. right-of-way is needed for South Clay Street, an additional 14 ft. dedication would be necessary from the property to the west. Mrs. Romans stated that the Subdivision Waiver is required because there is a residential use on the property and Mr. Blomberg wishes to construct an industrial building to the west, fencing off the residential area from the industrial use. Mrs. Romans stated that Mr. Blomberg had initially agreed to set the proposed building in 30 ft. from ~he west property line to provide for the right-of-way at such time as it might be needed; but during the discussion at the last meeting, it was pointed out that a 10 ft. setback from the right-of-way line is required where industrial property adjoins reside n tial property. The matter was then tabled, to enable the staff and Mr. Blomberg time to pursue the matter of possible right-of-way dedication. Attorney DeWitt and the Planning Division staff have met with Mr. Blombe rg and h e has n ow agre e d to s et the structure b ack ( -3- 40 ft. from the west property line. In order to protect some trees on the site, he would also like to move the structure to within 25 ft. of the north property line, rather than the 30 ft. setback from West Union Avenue as originally proposed. Mrs. Romans pointed out that the area to the north of West Union Avenue is also zoned for industrial development, and that Mr. Blomberg does not have to provide any setback from the north property line. Mrs. Romans stated that a proposed Resolution has been prepared for review by the Commission, and cited the following conditions for approval of the request. "A. Any structure built or placed upon the described property shall be set back a minimum of 40 ft. from the west property line and 30 ft. from the front property line. B. A fence shall be erected in accordance with the vicinity map attached to this Resolution and marked "Exhibit A". C. No further division of the property shall take place unless approved by the Planning and Zoning Commission of the City of Englewood. Mr. Don Smith asked why the nc i:::olution was prepared with the 30 ft. setback from Union Avenue rather than the 25 ft. now proposed? Mrs. Romans stated that at the time the Resolution was prepared, Mr. Blomberg had indicated that he intended to set back 30 ft., but has since stated that he wants to set back from West Union Avenue only 25 ft. Mr. Parker asked which property the 16 ft. right-of-way dedica- tion was from? Mrs. Romans stated that at the time Mr. and Mrs. Weaver bought their property from Mr. and Mrs. Ferguson, the right-of-way was given; this was done while the area was still under Arapahoe County jurisdi ction. Mrs. Romans stated that at such time as the Weaver proper t y develops, the City would discuss the possibility of obtaining the rest of the dedication . for the west one-half of the street right-of-way. Mr. Tanguma asked if the City would have to buy the property needed for right-of-way? Mr. DeWitt pointed out that there has been no confirmation there will indeed be a street needed in this particular area; and secondly, if Parcel A is again divided, a dedication will be needed to give access to that portion of the site, which will not have access from West Union Avenue. Mr. DeWitt stated that it would be difficult to say at this time whether the City would have to pay for the right- of-way, but at this point in time it is difficult to justify a dedication when Mr. Blomberg does have access from West Union Avenue to his property . Mr. Parker asked if the 16 ft. dedication was used as a road at this time? Mrs. Romans stated that it is used to give access to properties south of West Union Avenue. -4- Mr. Parker stated that he did not want to see the City buyi n g right-of-way on one hand, and giving it away through vacation ~ on the other. Mrs. Romans stated that she felt a workable compromise has be e n reached; Mr. Blomberg has agreed to set the building back 40 ft. from the west property line and 25 ft. from the nort h property line. If South Clay Street does indeed need to be acquire d and developed, the land will be available for that purpose. Ed Smith moved: Williams seconded: The Commission approve Mr. Blomberg 's request for a Waiver to the Subdivision Regulations as they apply to his property at 2700 West Union Avenue, and that Resolution #2, 1976, be approved with the amendment of Condition "A" to note the structure will be set back 25 ft. from the front property line. AYES: Williams, Jorgenson, Parker, Ed Smith, Tanguma NAYS: None ABSTAIN: Pierson, Don Smith ABSENT: Wade, Jones. The motion carried. V. WEAVER/FERGUSON REZONING Findings of Fact CASE #3-76 Mr. Tanguma stated that Findings of Fact on the rezoning re- quest filed by Mr. and Mrs. B. L. Weaver are to be considered for approval and recommendation to City Council. The Findings of Fact were reviewed. Williams moved: Ed Smith seconded: The Findings of Fact on Case #3-76, the rezoning request filed by Mr. and Mrs. Weaver, be approved and recommended to City Council. AYES: Tanguma, Williams, Jorgenson, Ed Smith NAYS: None ABSTAIN: Parker, Pierson, Don Smith ABSENT: Wade1 Jones The motion carried. VI. DIRECTOR'S CHOICE Mrs. Romans stated that the joint AIP/ASPO Confe r ence wi ll be held in Washington, D.C. from March 20 thru March 26; t h e r e are funds in the budget for one person from the Commission to at t end this Conference. Mrs . Romans stated that the s taf f needs to know who from the Commission will attend to facilitate t h e making of reservations, etc. -5- Discussion followed; it was agreed that Mrs. Pierson will repre- sent the Planning Commission at the AIP/ASPO Conference in Washington, D.C. Mrs. Romans stated that at the last meeting she had discussed with the Commission her concern over a variance given to Azar's Restaurant for a sign exceeding the permitted height set forth in the Sign Code. Mrs. Romans stated that she had received a call from Chairman Leonard of the Board of Adjustment who in- dicated some of the Board members felt it was not proper for the staff to make recommendation to the Board of Adjustment. Mrs. Romans stated that in reviewing Minutes of the Board for the past couple of years, it appears that the requirements for a variance set forth in the Comprehensive Zoning Ordinance are not really being considered and that based on the information set forth in the minutes, very few of the cases before the Board meet the requirements of the Ordinance. Mrs. Romans stated that she was asked to write a memorandum to the City Manager regarding her concern. Copies of that memorandum have been given to Commission members for their review. The City Council has set a meeting with the Board of Adjustment on February 9th, at 6:30 p.m. to discuss these matters. The members of the Planning Commission are invited to attend this meeting. Mrs. Romans stated that a variance is to be granted to benefit all and not for the benefit of one person, and it is the method used to grant relief to a property owner if there is some condition existing on the land that renders it impossible to meet the requirements of the Comprehensive Zoning Ordinance. Mrs. Romans stated that on Tuesday, February 10th, at 7:30 p.m., there will be a meeting with RTD to discuss their application for $39,000,000 to carry out a number of projects. The RTD staff will be in attendance to make the presentation; the meeting will be in the Community Room. Mrs. Romans stated that there is a request before the Board of Adjustment for a variance to the Sign Code to remodel the Zuider Zee Restaurant building for Fudd's Fritter Factory. The staff feels that the entire building is a sign; there will be animation; the flood lights appear to exceed what is permitted in the Code. This will be considered by the Board of Adjustment at their meeting of February 11th at 8:00 p.m. Mrs. Romans stated that she would hope if the members of the Commission are concerned, they will plan to attend the meeting of the Board to voice their concern. Mrs. Romans stated she had received a call from a Mr. Underhill who wants to convert two of the tuck-in parking spaces in the Larwin site to a maintenance shop. It is the opinion of the staff that the plans were approved with a specific number of parking spaces, and that those plans are recorded and cannot be changed without being reconsidered by the Commission. Mrs. Romans stated that she felt it would not be wise to take away two of the parking spaces when there have been complaints about persons living in the complex parking on the residential streets surrounding the complex, and that this is not the intent of the Commission, This would be a change in the recorded plans. -6- In the phase being discussed, 269 parking spaces were required and 283 were provided. In the other phase, they provided only ~ what was required. Mrs. Romans stated she was told that Larwin management is charging $10 per month for an on-site parking space, and that this is one reason the tenants are parking on the streets. Mrs. Romans stated that she felt the Commission should give the staff some guidance on this matter. Mr. Williams stated that from what the Commission learned from Mr. Pogue, the Larwin representative who attended the last meeting, it doesn't appear they are going to live up to their obligations, and that he supported the staff's determination 100%. Williams moved: Jorgenson seconded: The Planning Commission disallow the taking of allotted parking spaces in the Larwin development, as shown on plans approved and recorded. AYES: Ed Smith, Tanguma, Williams, Jorgenson, Parker, Pierson, Don Smith NAYS: None ABSENT: Wade, Jones The motion carried. Mrs. Romans stated that a Mr. Stafford, former City Councilman in Denver, was in her office recently to discuss the possibility of constructing 24 units on 200 foot frontage in an R-3 District. Mr. Stafford wants to construct two buildings -12 units each , with solar heating. Mrs. Romans stated that under the present regulations, Mr. Stafford would need at least 350 ft. frontage to construct the units. She stated that sh J felt continual evaluation will be needed of this District to determine if this is what the City really wants. If it is, the Ordinance should be enforced and not provide grounds for rezoning property to a less restrictive Zone District as happened in a recent case. Mr. Parker brought up further discussion of Azar's Restaurant . Mrs. Romans stated that the sign they installed is 25 ft. high , although the Sign Code permitted a height of 32 ft. They later asked for and were granted a variance to construct a sign 42 ft. in height. Mr. Ed Smith stated he felt it would be a good idea to go on record as a body supporting the staff from an ordinance point of view. Mr. Smith noted that the Commission considered the Sign Code some time ago, and that a lot of hours and time was devoted to that Code. Mr. Smith stated that he felt the Board of Adjustment should realize the Commission concurs wi th the staff support of the Ordinances and Codes. -7- Mr. Tanguma stated that the citizenry has to live by the codes and ordinances passed by the City Council and that "if we are going to continually give people the right to change and bend ordinances to their own wishes, we might as well not have any ordinances and codes." He suggested that perhaps a letter to the Board of Adjustment or City Council from the Commission in support of the staff would be proper. Mr. Parker noted plans of the Fudd's Fritter Factory, and stated that, in his opinion, if the Board allowed this proposal, they would have over-stepped their bounds. Mr. Don Smith stated that this request is to be reviewed by the Board on February 11th, and added that the City Council is considering appeal of the variance granted to Azar's Restaurant. He suggested that a letter to City Council supporting appeal of the Azar's sign variance would be in order. Mr. Smith stated that he felt a variance should be the exception rather than the rule, but from what he has heard from citizens, it seems the Board approves more requests for variances than they deny. Mr. Ed Smith stated that the Englewood Sign Code is in effect and that until it is changed, variances should be the exception rather than the rule. Discussion followed. Ed Smith moved: The Commission write a letter to City Council supporting Mrs. Dorothy Romans1 position regarding adherance to and enforcement of the Codes and Ordinances of the City of Englewood. The motion was seconded. Mr. Jorgenson stated that many evenings were spent going over the Sign Code, and that many changes were made in the several drafts of the Code; if variances are continually granted to this and other Codes, "we are wasting our time". He stated that those who devoted their time to drafting the Sign Code were trying to come up with something to improve the City. Mrs. Romans reviewed cases before the Board during the past two years; nine over-lot coverages have been granted; ten encroach- ments into setbacks have been granted; three changes from one non-conforming use to another non-conforming use have been granted; seven late registrations of non-conforming uses have been permitted; four variances for fences were permitted; four variances regarding signs have been granted; five mobile home offices in an industrial area have been permitted; one division of property was approved, and two buildings were allowed to be used without the required fire wall. Mrs. Romans noted that it appeared from the Minutes that if objection is voiced at the Board meeting, the request is usually denied. Don Smith stated that the Board is responding to "people pressure." -8- Mrs. Romans stated that the Community Development Department is charged with enforcement of the Ordinances, and she felt the Ordinances and Codes should be supported. Ed Smith stated that he could not understand why the Board chose to deviate from the Sign Code; he noted there were a large number of people involved in development of that Ordinance. The question was called on Mr. Smith's motion. AYES: Don Smith, Ed Smith, T a nguma, Williams, Jorgenson, Parker, Pierson NAYS: None ABSENT: Wade, Jones The motion carried. Pierson moved: Ed Smith seconded: The Planning Commission recommend to City Council that the right of appeal on the Azar Restaurant sign variance decision of the Board of Adjustment be exercised. AYES: Pierson, Don Smith, Ed Smith, Tanguma, Williams, Jorgenson, Parker NAYS: None ABSENT: Wade, Jones The motion carried. Mr. Parker asked why, if the Board of Adjustment is allowing so many changes and deviations from the existing ordinances and codes, the City Attorney's office cannot advise the Board they may be overstepping their bounds? Mrs. Romans stated there is a representative of the City Attorney's Department attending all meetings of the Board. Mr. DeWitt stated that the final decision rests with the Board members. He noted that he is not familiar with the Board of Adjustment, and does not attend their meetings; but he stated that he felt possibly advice has been offered and that the Board chose not to abide by that advice. Mr. DeWitt stated that in any event, it would not be proper for the City Attorney's office to tell the Board they have made an erroneous decision. Further discussion followed. The meeting adjourned at 8:00 p.m. 'Gertrude G. Welty Recording Secretary • • • -~- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: February 3, 1976 SUBJECT: Recommended Appeal from the Decision of the Board of Adjustment and Appeals regarding a Variance to the Sign Code. RECOMMENDATION: Pierson moved: Ed Smith seconded: The Planning Commission recommend to City Council that the right of appeal on the Azar Restaurant sign variance decision of the Board of Adjustment be exercised. AYES: Pierson, D. Smith, E. Smith, Tanguma, Williams, Jorgenson, Parker NAYS: None ABSENT: Wade, Jones The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. • • • -10- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: February 3, 1976 SUBJECT: Approval of Findings of Fact on Case #3-76 RECOMMENDATION: Williams moved: Ed Smith seconded: The Findings of Fact on Case #3-76, the rezoning request filed by Mr. and Mrs. Weaver, be approved and recommended to City Council. AYES: Tanguma, Williams, Jorgenson, Ed Smith NAYS: None ABSTAIN: Parker, Pierson, Don Smith ABSENT: Wade, Jones The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission . nertrude G. Welty Recording Secretary