HomeMy WebLinkAbout1985-08-06 PZC MINUTES•
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CITY OF ENGLEWOOD PLANNINl. AND ZONING COMMISSIO N
Augu s t 6 , 19 85
I. CALL TO ORDER.
The re g ular mee ting of th e City Pl ann ing and Zonin g Commission was c a lle d t o
order at 7:15 p .m. b y Chairman Venard.
Members present: Beier, Carson, Stoel, McBrayer, Gourdin, Allen, Venard .
Members ab sent : Barbre and Ma gnuson.
Also present : Assistant Director of Communit y Development Ro mans
Se nio r Planner Kin g
City Attorney Olsen
II . APPRO VAL OF MINUTES .
July 16, 19 85
Chairman Venard stated that the Minutes of July 16, 1985, were t o be considered
for approval .
Cars on moved :
Allen seconded: The Minutes of July 16, 1985 be approved as written.
AYES:
NAYS:
Beier, Carson, McBrayer, Allen, Venard.
None .
ABSTAIN: Stoel, Gourdin .
ABSE NT : Barbre, Magnuson.
Chairma n Venard ruled the Minutes stand approved as written.
III. CONDITIO NAL USE .
4171 South Cherokee Street
Chairman Venard asked for a motion to open the Public Hearin g .
Carson moved :
McBrayer seconded: The Public Hearing for Case #16 -85 be opened.
AYES: Beier, Carson, Stoel, McBrayer, Gourdin, Allen, Venard.
NAYS: None.
ABSENT: Barbre, Magnuson.
The motion carried.
Case 1116 -85
Mr . Venard stated that he had in hand a copy of the Notice of Hearing which
was published in the ENGLEWOOD SENTI NE L on July 24, 1985, and proof of posting
o f the property. He called the applicant for testimony and asked if the Staff
had anything to add to the Staf f Report. Mrs. Rom a ns said she had nothing to
add .
Helen Meadows
4171 South Cherokee Street -was sw orn jn fo r testimony . Mrs. Meadows stated
th a t it is necessar y for h e r to support hers elf , and she can ma ke more money
carin g for childr en th an a t an office job whi ch wo uld b e di f ficult for her to
obtain becaus e of h e r age (5 5 ). Mrs. Meadows stat ed th ere is a ne ed for good
day care in our ar ea and th a t sh e did n o t know th a t p ermission was n ecessary t o
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run a day care center. She stated that she can do a great deal to help children,
teaching writing, alphabet and preparing them for kindergarten .
Mr. Allen asked if it was correct that she was requesting an increase from four
to eight children. She said that she understood that the Staff had recommended
six as the maximum, and that is acceptable to her.
Mr. Carson noted the questions of the Fire Department. Mrs. Meadows stated she
has an excellent fire alarm. She said there is no basement in her home, and a
new furnace was installed and inspected in April.
Mr. McBrayer asked about children having access to the garage. Mrs. Meadows
said they have no access, it is kept locked and the key is stored in a high
place. Mr. Carson asked if there is a playground for the children in the
back yard. Mrs. Meadows said there is part of a playground. She was in the
process of adding equipment when she was told she would have to apply for a
Conditional Use, and did not want to spend the money if she were denied.
Mr. Carson asked about the Doberman Pinscher owned by Mrs. Meadows. She
said the children do not have access to the dog. When the children are in the
house, the dog is outside, but before the children go outside, she puts the dog
in the garage and locks the door. She said that the dog is very gentle with
children, and her grandchildren play with the dog.
Mr. Venard asked if Mrs. Meadows had read the
to the conditions as suggested by the Staff.
agreed to include them in her application .
Staff Report and if she agreed
Mrs. Meadows said "yes", and
Mr. Allen asked if the six children would improve her situation. Mrs. Meadows
said that it would help a great deal. Mr. Beier asked if she resides at this
address. Mrs. Meadows said she does. Mr. Carson asked if she owns the property;
Mrs. Meadows said she rents, and the owner signed her application.
Mr. Beier asked what assurance the Commission has that Mrs. Meadows will stay
within the six children limit. Mrs. Meadows said she is an honest person, and
her neighbors watch her very closely. Mr. Allen said that Code Enforcement will
also check the property.
Gail Ogden
4160 South Cherokee Street -was sworn in for testimony. She presented a
petition containing 41 signatures from neighbors of Mrs. Meadows protesting
the possibility of extending the limit for a day care center from four children
to from five to twelve. Ms Ogden said that Mrs. Meadows is currently taking
care of twelve children including her grandchildren. She knows this because
she (Ms Ogden) watches people bring the children to the home. She said there
is a day sleeper nearby who objects to the noise from children before 8:00 a.m.
Double parking is also a problem when children are picked up; people also park
on the wrong side of the street. This is particularly a problem because there
is not a stop sign at the south end of the block, and traffic moves quickly
through the neighborhood. Ms Ogden stated that one of the children let the
Doberman out and it chased one of the neighbors across the street; therefore,
the dog is out with the children occasionally .
Mr. Allen asked if Ms Ogden had children of her own. She said she does not,
but her seven-year-old niece lives with her. She said she does not object
to the noise of the children, except in the early morning.
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Peggy Grywusiewicz
4133 South Acoma Street -was sworn in for testimony. She said she lives a
couple of blocks away. She is Mrs . Meadows' daughter, and stated that her
mother is very good with children who are disturbed by divorce; she teaches
them manners and makes them happy. She said that children do make noise; that
is normal. The parking in the street is not done by her mother, and her mother
should not be denied her livelihood because some people are not parking
properly. Mrs. Meadows, in her opinion, is doing a service to the community.
Ms Grywusiewicz said that Mrs. Meadows' rates are very low because she has
eight children for whom she is babysitting. If she is limited to a smaller
number of children, the rates will have to go up. Single parents will have
to pay more, and that will not be a service to the community.
Mr. Allen asked if Ms Grywusiewicz has children of her own. She said she
does not, but she does have a Doberman. Mr. Carson asked how large the
house is. She said it has three bedrooms and a large living room, dining
room and kitchen. She said she spent the day before Easter with her mother
helping with the children. They are happy children in her mother's care.
Mrs. Meadows cares for eight children full time, and has three or four who
come some of the time. There were no further questions.
Barbara Glee
4211 South Pennsylvania Street -was sworn in for testimony. She said she is
a client and a friend of Mrs. Meadows'. She has a nine-month-old baby, and
Mrs. Meadows has cared for the child for seven months. Mrs. Glee has irregular
hours, and appreciates Mrs. Meadows' accommodating those hours. She does
not worry about the child in Mrs. Meadows' care. She could not understand
any objections from the neighbors. She has never parked on the wrong side
of the street, but does park in the driveway or in front of Mrs. Meadows ' house.
Gary Kozacek
1260 West Oxford Avenue -was sworn in for testimony. He stated that Mrs .
has been taking care of children for a long time, and there have been no
complaints. He can't see any harm in the present situation. He was concerned
about the dog, but if there have been no complaints, there probably is no
harm in the situation. He said he had not read the Staff Report.
Tina Grywusiewicz
3565 South Cherokee Street -was sworn in. She stated that she is Mrs . Meadows'
daughter. The Doberman which belongs to her mother is four years old, and
plays with Ms Grywusiewicz's children. The dog is a loving do g, and provides
protection for Mrs. Meadows and the children. Mrs. Meadows' day care is a
a service to the community.
Mr. Allen said he thou gh t that the dog had no contact with the children. Ms
Grywusiewicz said that she lived with her mother for a time, and the grand-
children play with the dog, but the day care children do not come into contact
with the dog.
Stanley Munyon
4135 South Cherokee Street -was sworn in for testimony. He said he had lived
in the neighborhood for 16 years and owns his own home. He wants to preserve
the peace and tranquility of a neighborhood with many retired people who a re
good neighbors. He feared businesses moving into the neighb orhood . Mr. Munyon
stated that Mrs . Meadows, in his opinion, is not a quiet nei ghbor . He stated
that there had been a rock band practicing in the garage. He said he was
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afraid of the increase in traffic and that the peace and tranquility of the
neighborhood will be destroyed. He said the experience with the rock band
showed that Mrs. Meadows did not appreciate the tone of the neighborhood.
For several weeks the bank kept the neighbors from enjoying their back
yards and patios; and it was necessary that the police be called. He said
he is not against children, but "rezoning" the block to permit the babysitting
business is not in the best interests of the neighborhood.
Mr. Allen asked what time the children arrive. Mr. Munyon said they come
and go all the time. Mr. Allen asked what time Mr. Munyon is bothered by
the children. Mr. Munyon said anytime on Friday, and other evenings. He
did not know how many children were kept at the house. Mr. Allen said a
rock band would be much noisier than children. Mr. Munyon said that the band
practiced for a month before it ceased about a week before the meeting .
Mr. Stoel said the issue is children. He stated that Mr. Munyon does not seem
to be opposed to the children, but that there is a problem between the neighbors.
Hr. Munyon said that he is opposed to the disturbance of the peace and tranquility
of the neighborhood. Mr. Stoel said it is not the children that cause the
disturbance, because Mrs. Meadows has been caring for children for some time.
He said the only difference would be that the number of children would be
reduced. Mr. Munyon said limiting Mrs. Meadows to six children would not mean
that she couldn't have more children spread out over a day. This will cause
traffic problems.
Mr. Allen asked what the objection is.
is not normal to the neighborhood. Mr.
much traffic. Mr. Munyon said it would
Mr. Munyon said the increase in traffic
Allen said six children would not add
increase the traffic.
Mr. Venard said that twelve children are being cared for now, and a maximum
of six children would decrease any problem. Mr. Munyon said tha t would be an
improvement. Mr. Venard explained that this is not a rezoning issue. A
Conditional Use is a use that is permitted in a district if, after a hearing
before the Planning Commission, the use is found not to be a problem to the
neighborhood. Caring for no more than four children is permitted in the R-1-C
Zone District. Caring for in excess of four children requires the approval
of a Conditional Use following a hearing. The Staff evaluated the situation
and recommended that Mrs. Meadows be restricted to no more than six children.
If the use is approved, it is the responsibility of the City and the community
to monitor the situation and see that the number does not increase.
Mr. McBrayer said that the condition under which the Planning Commission would
grant this Conditional Use is that it will be limited only to Mrs. Mea dows
and be reviewed on a yearly basis. Mr. Munyon said he wanted the babysitting
restricted so that the community is not changed.
Jack Olsen
City Attorney for the City of Englewood -was sworn in for testimony. He
said he wished to testify concerning the dog. He said that, as a witness,
the applicant and neighbors had a right to question him concerning his
testimony. He asked that the Commission insure that the childr en do not
come into contact with the dog. He said he spoke with Doberman Societies
concerning the do g which recently killed a child in Englewood. The Societies
stated that Dobermans and unsupervised children do not mix. Dobermans have
been bred for centuries to attack under certain circumstances. They should
never be left with unsupervised children. The City of Englewood and the owners
permitted the Doberman that killed the child to be tested by lawyers, veterinari-
ans, dog trainers and experts in the psychology of animals, who kep t the dog
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the entire day, subjecting it to loud noises of different kinds. These
people were unable to make the dog attack, and yet the dog had killed an
unsupervised child. He stated that he cannot understand how Mrs. Meadows
could care for twelve children, supervising them so closely that they could
never come into contact with the dog. He stated that he has received reports
that the dog snarls at people going by the alley. The fence does not seem
high enough to restrain the dog. Mr. Olsen said that there is testimony
that the dog chased a neighbor off the property and it seemed a vicious
chase. He stated that the Commission had the right to add a condition
that the Use is contingent upon the children never being with the dog, and
if that condition is not observed, the Conditional Use would expire. This
could be accomplished by a pen that is six feet high, and the requirement
that the dog be kept in the pen or the garage.
Mr. Carson said there is always a chance that a child will put its hand through
a fence. Mr. Olsen said that is true, but the dog could not kill the child
through the fence. He said that Dobermans are trained to attack the throat.
Mr. Beier asked about the liability of the City if the Conditional Use is
granted. Mr. Olsen said that the City would probably be liable if the Use
is granted without a provision for the dog. Mr. Carson said that the zone
district permits four children who will be in an equal amount of danger
from the dog and asked if there is an ordinance against a vicious dog being
present at a day care center. Mr. Olsen said that, while the dog might,
in his opinion, qualify as a vicious dog, it is questionable if the Municipal
judge would uphold that opinion. He said that it may not be possible to
force the removal of the dog, but its access to the children can be forbidden.
He said that the City is not able to stop the caring for four children with
the dog in the home. The Ordinance would permit ticketing vicious dogs,
but the Municipal Judge typically gives the maximum of $45 fines. First offenses
receive only $25 normally. It would be better to make the restraining of
the dog part of the Conditional Use. He said that since Mrs. Meadows is
willing to spend some money on the back yard, this might be a good investment.
Peggy Grywusiewicz returned to the podium saying that only certain Dobermans
are attack-trained. Dobermans not so trained, go for feet or arms. She
said that no neighbor was ever chased by the dog. She suggested that the
Doberman's presence is a protection to the children and to her mother. He
is not a vicious dog, but would attack to protect the children. She said
that barking does not make the dog vicious. Mr. Olsen said that the children
can be protected with the addition of the condition which will insure that
Mrs. Meadows does what she says she already does by keeping the dog and the
children separate.
Mrs. Meadows returned. Mr. Allen stated that the issue is the dog and the
children. He asked if she would assure the Commission that the dog and the
children would never come into contact. She said that she is very careful ,
and none of the children except her grandchildren are ever with the dog.
She explained her schedule, saying that because she has a routine, both the
children and the dog have an opportunity to be in the yard, but she will
always keep them separate. She said that the children come to her home
as early as six o'clock and begin leaving at 2:30, but are always gone by
6:00 p.m.
Mr. Allen asked if she would accept the addition of a condition stating that
if the children were ever with the dog, the license would be suspended. She
agreed that the day care children would never be permitted with the dog, but
said that her grandchildren visiting after 6:00 p.m. would still be permitted
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to play with the dog. She stated that she spoke to her clients regarding
double parking and parking across the street, and they agreed to correct
their parking habits. She referred to Mr. Munyon's complaint about the band.
She said she asked the neighbors if they objected to the band, and none of
them said that they did. They should have told her when she asked, and the
band would have stopped practicing.
Mr. Allen asked if Mrs. Meadows had considered getting rid of the dog. Mrs.
Meadows said that she needs the dog for protection because she is alone at
night. He also barks and warns that there might be danger.
Mr. Stoel asked what the ages of the children are. Mrs. Meadows said they
are between nine months and four years old. Mr. Venard asked if she would
construct a six foot dog run. She said she would do that if the Commission
would give her some time to save the money for the run. Mr. McBrayer objected,
saying that in his opinion, the Commission should only require separation
from the children, rather than specifying what the separation should be.
Mrs. Meadows said that the present fence is five feet high, and the dog has
been trained to never jump any fence. The dog is well trained, was obedience
trained, and will not even go over a chair placed in a doorway.
Mrs. Meadows submitted a letter from Mrs. Dell Montgomery, the next door
neighbor, saying that the babysitting was not a problem for her and that there
had been similar operations in the neighborhood in the past.
Ms Peggy Grywusiewicz stated that there is no disagreement to providing
separation of the children from the dog, but she wanted some assurance that
the neighbors would not be persecuting her mother and lying about having seen
the dog with the children. She asked that pictures be provided or a City
Official witness any incident that would result in the lost of the Conditional Use.
Mr. Allen said that he was still worried about the dog, as he would feel responsi-
ble if the dog attacked a child . Ms Grywusiewicz said she would also feel
responsible, but the dog and children have been kept separate since the Englewood
attack several weeks before.
Gail Ogden was recalled. Mr. McBrayer asked if she understood that the application
was for a Conditional Use permitted in this zone district. Ms Ogden said she
did understand that, and the people who signed her petition also understood
that. Mr. Carson noted that Ms Ogden notarized the signatures of all the
people signing the petition except her own. Ms. Ogden agreed.
Mrs. Meadows said that the people who signed the petition were known to Ms
Ogden. Mrs. Meadows said that Ms Ogden asked Mrs. Meadows' landlord to evict
her. She said she has not been a bad neighbor, and she doesn't understand why
some of the neighbors are against her. She said that neighbors several houses
away are not affected by six children.
Mr. Allen said he was concerned about her apparent unwillingness to ge t rid
of the dog. He said that he had no objection to the increased number of
children, but was concerned that the dog might someday get out of the garage
when the children were out. Mrs. Meadows said that the dog is needed for
protection. She has a routine, and the routine includes play time in the
yard for both the children and the dog, and they never mix.
Mr. Carson asked if she is the only adult in the home. She said her son
sometimes lives with her, but she is often alone at night. She said that
she is extremely careful with children. She was a practical nurse for f ifteen
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years. No child has ever been hurt in her care. Mrs. Meadows stated that
she is a responsible person and will not permit the dog and the children to
be together.
Mr. Allen said that children and dogs are not predictable. He said he was
unsure about the possibility of keeping the children and dog separate because
accidents can happen. There were no further questions.
Barbara Glee returned for testimony. She testified that the chidren and
dog are separated. The dog does bark and growl, but, in her opinion, the
problem is that the neighbors are hostile to renters.
Mr. Olsen returned to testify. Mr. Carson asked if Mrs. Meadows would have
to carry insurance to obtain a state license. Mr. Olsen was unable to answer
the questions, but thought it unlikely. Mr. Carson said having a dog would
probably affect any insurance for day care.
Mr. Allen asked if it were true that if Mrs. Meadows cared for only four
children, as permitted under the zoning ordinance, the City would have no
responsibility. Mr. Olsen said, in his opinion, the City has the responsibility
to protect children from a vicious dog. He said he was willing to concede
that the dog might be good with children, but he asked that one of the
conditions · attached to approval of the Conditional Use be that the dog and
children be separated.
Mr. Stoel asked if this would open Mrs. Meadows to harassment from the neighbors .
Mr. Olsen said that any complaints would be handled as evidence at a hearing
before the Commission or the Court. He was more concerned with protecting the
children. He said that the Staff would monitor the situation, and that under
Mrs. Romans the case would not be brought before the Commission without
substantiation. There were no further questions, or comments for or against
the Conditional Use.
Carson moved:
Stoel seconded: The Public Hearing for Case #16-85 be closed.
AYES: Beier, Carson, Stoel, McBrayer, Gourdin, Allen, Venard.
NAYS: None.
ABSENT: Barbre, Magnuson.
The Chairman ruled that the motion carried.
The Commission agreed to add the fifth condition, separation of the dog and
the day care children to the conditions listed in the Staff Report.
Stoel moved:
Carson seconded: That a Conditional Use be granted at 4171 South Cherokee
Street permitting a day care center. The following
conditions are made:
1. Mrs. Meadows have no more than six (6) children in
her care .
2.
3.
There be an annual review of the Conditional Use.
Mrs. Meadows be issued the required State license(s)
before she increases the number of children and that
the facilities meet all applicable City Codes and
Ordinances.
4. The Conditional Use be granted to Mrs. Meadows only,
and not to run with the subject property .
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5 • The dog will not be allowed to be with the children
in Mrs. Meadows' care at any time . If the dog is
found to be with the children, the Conditional Use
can be revoked.
Discussion followed. Mr. Beier stated that, in his opinion, it would be
impossible to enforce the fifth condition. Mr. McBrayer said that a
Conditional Use permits the Commission to decide each case. There is no
right to run a day care center for more than four children. The Commission
should consider the impact on the neighborhood. Building Codes change if
more than six children are permitted. He said that Mrs. Meadows seems
qualified, but there are variables, including the dog and the attitude of
the neighborhood.
Mr. Allen said that he would require the dog to be given away before he could
vote for the Conditional Use.
Mr . Gourdin said that he would not be opposed to day care in the neighborhood,
but would recommend a dog run. Mr. Allen thought a dog run would be more
dangerous than the garage.
Mr. Stoel pointed out that if only four children are in the center, there will
be no controls at all on the dog. Mr. Carson said that dogs do not belong
at day care centers.
Upon a call for the question:
AYES:
NAYS:
ABSENT:
Stoel, Gourdin, Venard.
Beier, Carson, McBrayer, Allen.
Barbre, Magnuson.
The Chairman ruled that the Conditional Use in Case #16-85 was denied.
IV. PUBLIC HEARING ·.
Master Street Plan
Postponed.
v. APPROVAL OF FINDINGS OF FACT.
Case #1 8-85
Case 111 5-85
July 16, 1985 -Comprehensive Zoning Ordinance Amendmen ts.
McBrayer moved:
Carson seconded: The Findings of Fact for Case #15-85, Comprehensive Zoning
Amendments be approved as written.
AYES: Beier, Carson, McBrayer, Allen, Venard.
NAYS: None.
ABSTAIN: Stoel, Gourdin.
ABSENT: Magnuson, Barbre.
The Chairman ruled that the Finding s of Fact for Case #15-85 were approved
as written .
VI. MEMORANDUM ON DENSITY LEVELS.
Mrs. Romans said that the Memorandum had been placed in the packet s for the
Commission's information. Other studies will be available and added at a
later date.
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VII. Public Forum.
Mr. Oliver Yeo expressed his concern that the sewage treatment plant is
reaching capacity. He said the odor problem is severe, and any enlargement
would increase that odor because technology has not progressed. He also
suggested that water be removed from the Platte River further upstream where
the pollution is not as heavy. He suggested that a partnership be arranged
with Denver. He said the chemicals necessary to purify the water are so
strong that the water is undrinkable.
VIII. DIRECTOR'S CHOICE.
Mrs. Romans said that the City Council met on August 5, 1985. Councilman
Higday expressed his thanks to the Planning Commission for the work on the
Comprehensive Zoning Ordinance, especially on the B-2 Business District.
The Council has not yet set a date for a Public Hearing, and the matter has
been tabled until August 19. At the request of the Commission, the City
Council will meet with the Planning Commission after August 27. Two
topics on the Agenda for the meeting between City Council and the Planning
Commission will be the Trash Report and Redlining.
Mr. Beier asked for background information on redlining. Mrs. Romans said the
issue is how to preserve and protect the single-family residence areas.
The Comprehensive Plan and Zoning Ordinance may be tools that can be used
to preserve those areas. Mrs. Romans asked if all the Commissioners had a
copy of the Comprehensive Plan, and no one said he did not .
Mr. Stoel asked what problem had prompted the redlining. Mrs. Romans said
that it may have been in response to some developers who request rezonings
anytime there is a possibility of putting parcels of land together.
Mrs. Romans . said the tour of Englewood may be repeated September 14 or 21.
Mr. Carson said he would like to see the houses to be annex ed on Tufts Avenue.
Mr. Carson, Mr. Gourdin, and Mr. McBrayer said they would be interested in
a tour. Mrs. Romans said she wrote a thank-you note to Unique Mobility
thanking them for their hospitality.
Mr. Carson asked that the City Attorney check with the State Licensing
Authority to find out what the requirements are for child care centers,
particularly in regard to insurance.
IX. COMMISSION'S CHOICE.
Mr. Allen stated that he had attended the City Council meeting on August 5,
and the Council had not voted to put the trash question to a vote of the
people. He stated that the public is not well enough informed to make
such a decision. He said he would prepare a presentation to City Coun c il,
but needs the help of the Committee and asked that the members stay after
the meeting to work on the report.
X. ADJOURNMENT .
The Meeting adjourned at 9:25 p.m.