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HomeMy WebLinkAbout1984-12-04 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 4, 1984 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Counnission was called to order by Chairman McBrayer at 5:30 p.m. in Conference Room A. Members present: Carson, Stoel, Barbre, Venard, Tanguma, Magnuson and McBrayer. Romans, Assistant Director of Community Development. Members absent: Becker and Allen. Also present: Susan T. King, Senior Planner Walt Groditski, Code Administrator Jack Olsen, City Attorney II. APPROVAL OF MINUTES. November 20, 1984 Chairman McBrayer stated that the Minutes of November 20, 1984, were to be considered for approval. Carson moved: Stoel seconded: The Minutes of November 20, 1984, be approved as written. AYES: Carson, Stoel, Barbre, Venard, Tanguma. NAYS: None. ABSTAIN: Magnuson and McBrayer. ABSENT: Becker and Allen. III. COMPREHENSIVE ZONING ORDINANCE. Mr. Groditski suggested some changes in the proposed revisions to Section 16.2 of the Zoning Ordinance. He asked that the section be brought into conformance with the Building and Fire Codes. He suggested that a section be added stating "for purposes of enforcement of this ordinance, the Director and his designees shall have the _ powers of a law enforcement officer." Mr. Carson objected to granting such powers to an inspector, especially search powers. Mr. Groditski said that there are no search powers granted to law enforcement officers, who must obtain search warrants, just as inspectors have to do if access is denied. Mr. Groditski said that it would be impossible to find zoning violations and construction work done without permits if no "right of entry" were given to the inspectors. Mr. Olsen said the Zoning Ordinance cannot be enforced if "right of entry" is not included. Mr. Tanguma asked the difference between "righ t to trespass" and "right of entry". Mr. Groditski said that inspectors would not actually be trespassing because they would have a right to be on the property. The word trespass is offensive, moreover, and they were sugges ting that "right to trespass" be changed to "right of entry". Mr . Stoel said that the r epresentatives of the Director should not be called "his representatives" and suggested "a representative" or an "an authorized representative". Mr. Groditski suggested the following new wording for the section on Certificate of Occupancy: "After the effective date of this ordinance, or any amendment hereto, a Certificate of Occupancy shall be issued for all buildings and property when there -2- is any change in the type of use of the property, any c hange in the t y pe of use of an existing building as def i ned in the Englewood Building Code, and prior to the ~ use or occupancy of a new building. The Cert i ficate of Occupancy shall be posted in a conspicuous p lace on the premise s and s a ll not be removed except by the Director of Co mm unity Development or a n authorized representative." Mr . Groditiski said they would be enforcing the posting of the Certificate of Occu panc y in all public bui l dings. Mr. McBray er stated that single-family and two-family residences should be spe cifically exempt from t h e posting requirement. Mrs . Romans suggested a Saturday Study Session with Rick DeWitt and Jack Olsen on January 12, 1985, a t 8:00 a.m. Th e Commission agreed. Mr ·. Groditski and Mr. Olsen left the meeting, and Mr . Allen entered. Mr . Venard requested that Section 16 .4 be t abled while he obtains copies of the Arvada and Wheatridge ordinances . The Commission agreed . The Commission considered Section 16 .5 , Ge n era l Regulations . Mr. Tanguma questioned the inclusion of descriptions of permissible parkin g lot sur faces . Mrs . Romans said that it was a desc r iption of materials the Department of Engineering Services would require. The Commission as k ed that the word "dust" be chang ed to "di rt". Mr. McBrayer asked that provisions fo r the parking of three-wheeled vehicles be made for senior citizen complexes . On page 19, line 22 , the front yard setback shou l d be changed to 15 feet to bring it into con f ormance with the res t of the rev ised Ordinance . The Commission asked that the visibility triangle describ e d in t h e Fence Ordinance be applied to the front and side yard setbacks o n corner lots . A typographical error was fo u nd on page 20 , line 21; and on page 33 the Planning Commission was designa t ed as t h e reviewing body for the adaptive reuse of historical buildings, vacated schools, et c. Mrs . Romans explaine d the changes made in Section 16 .6, Nonconforming Uses . Sh e stated that the Planning Commission meetin g on Decembe r 18 would cover the definition section of the Zoning Ordin a n ce . S e suggested setting a date la e i n January or early in February for t he Public Hearing on t h e Zo n ing Ordinance . IV. DIRECTOR '·S CHOICE . Mrs . Romans said there had been some changes in the Dye r-Hamburg Subdivision Waiver and explained the changes . The Commi s sion approved the changes. V. COMMISSIONER S ' CHOICE . No one had any comments . The meeting adjourned at 8 :05 p .m.