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HomeMy WebLinkAbout1985-09-04 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING CO MMISSION September 4, 1985 CALL TO ORDE R . The re gular meetin g of the City Planning and Zoning Commission was called t o order by Ch airm an Sto el at 7:00 p.m. Members present: Barbre, Beier, Cars on , Ma gnuson, Gourdin, Allen, Mesa , Stoel. Members absent: McBrayer. II. APPROVAL OF MINUTES. Au gust 20, 1985 Chairman Stoel stated that the Minutes of August 20, 1985 were to be considered for approval. Ca rson moved: Beier seconded: The Minutes of August 20, 1985, be approved as written. AYES: Barbre, Beier, Carson, Allen, Stoel. NAYS : None . ABSTA IN~ Mag nuson, Gourdin, Mesa. ABSENT: McBrayer . III. SHIVJEE JHA 3986 South Broadway Barbre moved: Carson seconded: The Public Hearing for Case #20-85 be opened. CASE #2 0-85 AYES: Barbre, Beier, Carson, Magnuson, Gourdin, Allen, Mesa, Stoel. NAYS: None. ABSENT: McBrayer. The Chairman stated that he had proof of the posting of the property and that the publication appeared in the August 21, 1985, edition of the Englewood Sentinel. He stated that the Commission is the approving authority and must approve, conditionally approve or disapprove the application for a Conditional Use. The Chairman asked that the applicant come forward for testimony. Richard D. Dittemore, Attorney, stated that he had been retained by Mr. Jha to represent him in this matter. Mr. Dittemore stated that there had been many hearings involving the use of this property. He said there had never been a substantive reason for discontinuing Mr. Jha's business. Mr. Jha, when he applied for a sales tax license, disc overed there were zoning requirements to be met in order to maintain his business. Mr. Dittemore said Mr. Jha's business is behind an auto parts business which is operated by Mr. Philip Henke. Mr. Dittemore stated that in the previous hearing s Mr. Jha did not understand all of the technical questions concerning a Conditional Use. He said that Staff objected to th e the use primarily because of the intensity of use of the property. He stated that at least 50 % o f Mr. Jha's business comes from the n e i ghborhood, a nd it would be a hardship to the business i f Mr. Jha had to move from the neighborhood where his work is known. Mr. Dittemore stated that in the past the "technical" parking requirement was not met, but Mr. • • • -2- Henke and Mr. Jha do n ot drive to the business site and, therefore do not need off-street parking to the de g ree other businesses might . Mr. ShivJee Jha, 39 86 South Broadway, was sw o rn in for testimon y . He sta ted that he was born in Nepal and is an American citizen. Most of his customers are from En g lewood. He has one employee who parks on the side street. He is allotted three off-street parking spaces, and can park two cars inside his ga ra ge . There have been no objections from the neighbors. Mr. Jha agreed to the conditions set forth by the staff in the staff report. He stated that Mr. Henke's lease is for three and one-half more years, and this time will permit Mr. Jha to better establish his reputation as a mechanic and would permit him to be able to pay a much higher rent which would be required at another location. Mr. Philip Henke, 3986 South Broadway, was sworn in for testimony. He stated the property is owned by Donald Rippen. In the past the garage was used as a machine shop, and then used for several years as storage. In November of 1984, Mr. Jha began rentin g the garage, and working on cars. The three parking spaces allotted to Mr. Henke have been given to Mr. Jha. The rest of the parking in the back of the property has been leased to the neighboring business, Little Wheels, for their parking. This arrangement was made by the owner of the property. Mr. Henke said that Mr. Rippen is planning to sell both properties on November 1. Under the new arrangement, all of the property behind the auto parts business and Mr. Jha's business will be allotted to them, rather than the neighboring business. At that time they will be able to meet the parking requirement. He stated that they had hired an architect, and the garage will be improved to meet the U.B.C. requirements by November 1, 1985. Mr. Jha and Mr. Henke entered Exhibits I and II into the record. These were pictures of the existing parking on the back of the lot. Mr. Dittemore stated that when all the parking is given to Mr. Henke and Mr. Jha, nine or ten cars would be parked in the back area. They stated that no junk cars belonging to Mr. Jha's customers are parked behind the business. Any such cars belong to Little Wheels. Mr. Dittemore said that the Commission should not take a man's business away when he is willing to meet all the requirements by the first of November. There were no further speakers for or against the request. The Chairman incorporated the staff report into the record, and asked if the staff had any comments. Dorothy Romans, 3600 South Bannock Street, #204, stated that if all of the property belonging to this building is converted to Mr. Henke's and Mr. Jha's use, the parking space would meet the requirements of the Comprehensive Zoning Ordinance for a building of this size. She said the staff had not been informed of the proposed sale and would withdraw its objections if proof of the sale is provided by Mr. Rippen, with proof of the reversion of all the normal parking space to Mr. Henke and Mr. Jha. She asked that the Commission require that a legal instrument be provided showing such proof. Mr. Vargas stated that the Commission should require both such a document and adherence to the document. Carson moved: Magnuson seconded: The Public Hearing be closed. • • • AYES: NAYS: -3- Barbre, Beier , Carson, Magnuson, Go urdin, Allen, Mesa, Sto el . None. AB SENT : McBrayer . The Chairman ruled that the Public He aring was closed. Magnuson moved: Barbre seconded: The req ue st of Mr . ShivJee Jha, 3986 South Broadway, for a Conditional Use permitting an auto repair business at t his address be g ranted with the followin g conditions: 1. The building shall be brou ght up to U.B.C. standards, inc luding : a. The closure of two windows b y installing one-hour frame partitions in the openings. b. Changing the e x isting door to a one-hour label type. c. Enclosing the ceiling with a 5/8" type "X" drywall ceiling material (taped and bedded). d. Installing in the north wall an exhaust fan capable of e x hausting 1 cfm/sq. ft. (625 efm) and installing an e x haust part in each overhead door. e. Installing an additional e x it door in the north wall near the east end of the garage. 2. There must be adequate parking for employees and customers. The parking is not to block the alley. Each parked vehicle must be provided with a means of e x iting without moving another vehicle. 3. A le g al instrument must be provided to the City which satisfies the City Attorney that all of the parking area on the rear of the property at 3986 South Broadway, which should belong to Mr. Henke's and Mr. Jha's business, will, indeed, revert to them by November 1, 1985. AYES: Barbre, Beier, Carson, Magnuson, Stoel, Gourdin, Allen, Mesa. NAYS: None. ABSENT: McBrayer. The Chairman ruled that the Conditional Use was granted subject to the Conditions stated in the motion. Should the conditions not be met by November 1, 1985, the approval of the Conditional Use will be nullified. Mr. Vargas said that the City would, with the Commission's permission, permit the business to continue until November 1, when the proof of parking provisions must be submitted, and the building will have been brought up to the U.B.C. standards. Mr. Jha will be liable for all past sales tax during the time he has operated without a license. The Commission agreed . IV. Robert E. Bige low Southeast Investors 1190 East Hampden Avenue Case 1122-85 • • • -4 - The Chairman asked for a motion to open the Public Hearin g for Case #22-85. Carson moved: Allen seconded : The Public Hearin g be opened. AYES: Barbre, Beier, Carson, Magnuson, Gourdin, Allen, Mesa, Stoel. NA YS : None. ABSENT: McBrayer. Th e Chairman stated that he had proof of publication in the Sentinel on Au gus t 21, 1985, and a Certificate of Posting had been provided. He asked th at the applicant come forward for testimon y . Richard Vanden Heuvel, 7500 East Dartmouth Avenue, #17, Denver, 80231, wa s sworn in for testimony. He stated that he is a general partner in Southeast Investors, and they propose building a self-service coin-operated car wash at 1190 East Hampden Avenue. They would remove the existing building and replace it with five bays built of brick. The car wash will be landscaped in excess of the requirements. All codes will be met. Mr. Allen pointed out there is an existing car wash within one-half of a block. Mr. Vanden Heuvel said their car wash will be higher pressure, can clean engines, and will have newer equipment. Mr. Carson asked how the stacking will be handled. Mr. Vanden Heuvel stated there would be three spaces behind each bay. He stated the waste water will go through a sand/oil trap before discharging into the sewer line . Mr. Carson asked that the sand trap be included as one of the Conditions. Mr. Vanden Heuvel said the lot would have an attendant. There were no further questions. Dick Reynolds, 1021 West Stanford Place, was sworn in. He stated that he is employeed by Swedish Medical Center. He stated that Swedish is planning to expand its existing car wash to seven bays in anticipation of a new 229 unit multi-family development being built in the area. They will divert traffic off of Hampden and will stack on their own property. They expect to build in November or December. The Commission stated that such an expansion might require an expansion of Swedish's Conditional Use. Carl Krahl, 826 Mercury Circle, was sworn in for testimony. He stated he is the General Contractor who will be building the car wash. He specializes in car washes. He said that 99% of the time there will be no stacking of cars on Hampden, .and there should be no problem or hazard, especially since other car washes are planned in the area. There were no further speakers. The staff had nothing to add to the staff report. Discussion followed . Carson moved: Magnuson seconded: The Public Hearing in Case #22-85 be closed. Ayes: NAYS: Beier, Barbre, Carson, Magnuson, Stoel, Gourdin, Allen, Mesa. Non e . The Public Hearin g was closed. .- • • -5- Mr. Allen was excused at 8:35 p.m. Beier moved: Gourdin sec onded: A Conditional Use b e approved t o operate a sel f -servic e coin-operated car wash in accordance with Section 16.4-12 e of the Comprehensive Zoning Ordinance with the following conditions: 1. All curb cuts sha ll meet City standards, and any existing curb cuts not being used shall be closed and replac ed with standard curb, gu tter and sidewalk . 2. Any concret e being replac ed at th e intersection of the sidewalk shall be replaced with a handicapped access. 3. The sewer line servicing the site shall be relocated to the alley. 4. Entrance and e x it signs shall be installed to City specifications. 5. Cars shall not line up on East Hampden Avenue when entering the car wash. 6. The landscaping shall comply with the Landscape Ordinance. 7. The development shall comply with all applicable City codes. 8. Waste water shall go through a sand/oil trap before discharging into the sewer line. AYES: Barbre, Beier, Carson, Gourdin, Mesa. NAYS: Magnuson. ABSENT: McBrayer, Allen The Chairman ruled that the Conditional Use was granted. v. AMENDMENT TO SECTION 16.4-1 OF THE COMPREHENSIVE ZONING ORDINANCE CASE #27-85 Dorothy Romans stated that the City Attorney's Office requested this matter be brought before the Commission because some of the other departments, Utilities, Parks and Public Works, are putting in some necessary facilities which a strict interpretation of the Ordinance would make impossible. When a necessary service has to be provided, and when the terms of the Ordinance cannot be met, it is an unnecessary delay to go to the Board of Ad j ustment; and necessary service to the public may be delayed. Public buildings and facilities would be e x cluded, as Public Utilities were two years ago. Health and safety standards would be met; buildin g permits would be required; but the strict zonin g requirements could be varied . Mr. Beier asked what assurance there is that the dep a rtments will provide quality structures if such an exclusion is made. Mr. Stoel said that building permits would still be required. Mr. Mesa asked what re a sons are given for the e x clusion. Mrs. Romans said in som e areas, such as in City parks, th e Ordinance simply doesn't apply. • • • -6- Mr . Carson asked t h at th e Public Hearin g b e s c h ed u led for Oc t ob er 8, 19 85, a n d a s ked t hat th e s t aff s upply s pecific e xamples wh i ch wou l d r e qu i r e such e x clu s i on from th e r e quir eme nt s of th e Zonin g Ordin a n ce . Th e Commission a greed. VI. PUBL IC FORUM . Non e. VI I. DIRECTOR'S CH OIC E . Mr . Var ga s said City Council set a Pub lic Hea ring f or October seven th f or chang es in p r ocedure s , fencin g and landscaping . On September 9, t he B-2 s e ction o f the Ord i n a nce wi ll b e c onsidered at a Pub lic Hearing . Mr. Var g as stated that he believed a c ompromis e had bee n reached which wo ul d be ac c ept a ble t o the businesses along Broa dw a y. Mr. Var g as said that Council was permitting the hiring of a Zoning Code Enforcement Officer to replace Jeri Linder, who resigned. Mrs. Rom a ns asked how many members would attend the tour s c heduled for Oc tober 5. Mr. Ma gnuson and Mr. Mesa said t h ey would attend, Mr. Gourdin and Mr. Sto e l said they would try to attend. VIII. COMMISSIO N'S CHOICE. Mr. Go urdin expressed concern at th e helicopter activity at Swedish Medical Center. He said that there should be established aviation routes, and altitude requirements must be met. He said that this is within the power of the City . Mr. Vargas said he would bring the matter and complaint to the attention o f Swedish Medical Center. The meeting adjourned at 9:05 p.m. Sheryl Rousses, Recording Secretary