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HomeMy WebLinkAbout1985-08-06 PZC MINUTES• • • 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 • • • -2- 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. • • • -3- 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 • • • -4- 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 • • • -5- 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 • • • -6- 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 ; • • • -7- 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 . • • • -8- 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. .. • • -9- 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.