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HomeMy WebLinkAbout1987-07-08 BAA MINUTES• • • j/D BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO July 8, 1987 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Welker at 7:30 p.m. Members present: Members absent: Also present: Seymour, Hallagin, Fish, Lighthall, Doyle, Brown and Welker. None. Dorothy Romans, Staff Advisor Nancy Reid, Assistant City Attorney Mary Alice Rothweiler, Planner Chairman Welker stated that with seven members present, five votes would be required to grant a variance. The Board of Adjustment and Appeals is au- thorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. APPROVAL OF MINUTES • BOARD MEMBER FISH MOVED THAT THE MINUTES OF JUNE 10, 1987 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. All members voted in favor of the motion, and the Chairman ruled the Minutes of June 10, 1987 were approved as written. APPROVAL OF FINDINGS OF FACT. BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES 17-87, 18-87 AND 19-87, BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. All members voted in favor of the motion, and the Chairman ruled the Findings were approved as written. PUBLIC HEARINGS. The Chairman opened the public hearing for Case #20-87, for property at 2778 South Sherman Street, owned by Max E. Hungate. He asked that the Staff iden- tify the request. Mary Alice Rothweiler, Planner for the City of Englewood, stated the applicant was requesting a variance to permit construction of an addition to the house which would encroach 7 1/2 feet into the required 25 foot rear yard setback. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-5 1, - 1 - • which establishes the minimum rear yard setback at 25 feet in the R-2, Medium- Density Residence District . The Chairman asked that the applicant come forward for testimony. Max Hun- gate, 2778 South Sherman Street, was sworn in. He stated that he was request- ing a variance to build two bedrooms and two baths at the rear of his property so that he can care for his father and mother-in-law. There are no objections from the neighbors behind his house, or across the street, and he owns the houses on each side of the subject property. The bedrooms will be attached to the house, and the trees will remain. If it becomes necessary to hire nurses, they would be housed in the main part of the house. Mr. Hungate explained that because of the topography of the property, there would be no other loca- tion for the addition. There were no other speakers for or against the variance. The Chairman incorporated the Staff Report into the record, and the staff had no further comments. The public hearing was closed. BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED TO MAX E. HUNGATE FOR PROPERTY LOCATED AT 2778 SOUTH SHERMAN STREET TO PERMIT CONSTRUCTION OF AN ADDITION TO THE HOUSE WHICH WOULD ENCROACH 7 1/2 FEET INTO THE REQUIRED 25 FOOT REAR YARD SETBACK. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING OR- DINANCE, SECTION 16.4-5 l, WHICH ESTABLISHES THE MINIMUM REAR YARD SETBACK AT 25 FEET IN THE R-2, MEDIUM-DENSITY RESIDENCE DISTRICT. Board Member Hallagin seconded the motion. • The members locked in their votes and gave their findings as follows: • Mr. Seymour said he voted "yes" because there was a hardship, there were no objections. Mr. Hallagin agreed. Mr. Fish agreed there is a hardship in shape and slope of the land. The spirit of the Ordinance would be met, there would be no adverse effects on the neighborhood and this would be the minimum variance possible. Mr. Brown voted "yes" because the R-2 zone district would permit a two family residence here, and this variance provides a loving and humane answer to a common problem faced by many families. Ms. Li ghthall concurred, wishing there were more people who would care for their elderly parents. Mr . Doyle agreed that there is a hardship because of the slope of the land, and that this is a humane variance and there would be no problem for the neighborhood . Mr . Welker said the variance is appropriate and there is no issue with the neighbors or the City. When the votes were displayed, all seven members had voted in the affirmative and the Chairman stated the variance was granted. Mr. Hungate was told he could apply fo r a building permit at any time. - 2 - • • • * * * * * The Chairman opened the public hearing for Case #21-87, the annual review of an auto repair business owned by Michael Cullifer at 3229 1/2 South Lincoln Street. Mrs. Rothweiler stated that Michael Cullifer had been granted a variance in Case Number 20-84 on July 11, 1984, to operate an auto repair business with the following conditions: 1. The variance is granted to Mr. Cullifer only. 2. The operation shall be reviewed annually by the Board of Adjustment and Appeals. 3. No more than four cars waiting for service and none being serviced are to be parked outside of the structure. 4. No cars waiting for service or being serviced sha 11 be parked off the property on the street. 5. No equipment or materials shall be stored outside of the enclosed structure. 6. All work shall be performed within the enclosed structure. The Chairman stated he had proof of publication of an announcement of this hearing and asked that the applicant come forward for testimony. Michael Cullifer, 3229 1/2 South Lincoln Street, was sworn in for testimony. He stated that business has been very good, so good that it has been difficult to control the parking. There have been no Code Enforcement violations for this year. He said that three of the cars parked on the property belong to him, and that he has had a problem with people not picking up their cars when the cars have been repaired, but he plans to limit the kinds of cars he will repair in an effort to reduce the parking congestion. Mr. Cullifer says he has no assistants and does all the repair and frame res- toration himself. There were no further speakers for or against the variance request, and the chairman closed the public hearing for Case #21-87. BOARD MEMBER BROWN MOVED THAT THE APPLICANT, MICHAEL CULLIFER, BE GRANTED AN EXTENSION OF A NONCONFORMING USE TO PERMIT HIM TO OPERATE AN AUTO REPAIR BUSI- NESS WITH THE FOLLOWING CONDITIONS: 1. THE VARIANCE IS GRANTED TO MR. CULLIFER ONLY. 2. THE OPERATION SHALL BE REVIEWED ANNUALLY BY THE BOARD OF ADJUSTMENT AND APPEALS. 3. NO MORE THAN FOUR CARS WAITING FOR SERVICE AND NONE BEING SERVICED ARE TO BE PARKED OUTSIDE OF THE STRUCTURE . - 3 - • • • 4. NO CARS WAITING FOR SERVICE OR BEING SERVICED SHALL BE PARKED OFF THE PROPERTY ON THE STREET . 5. NO EQUIPMENT OR MATERIALS SHALL BE STORED OUTSIDE OF THE ENCLOSED STRUCTURE. 6 . ALL WORK SHALL BE PERFORMED WITHIN THE ENCLOSED STRUCTURE. Board Member Lighthall seconded the motion. The members locked in their votes, and gave their findings as follows: Mr. Seymour voted "yes" because there have been no complaints over the last year. Mr. Hallagin said the property is clean and neat, and he voted "yes". Mr. Fish concurred. Mr. Brown said the applicant is trying to meet the requirements and is doing a good job. Ms. Lighthall concurred. Mr. Doyle voted "yes", because the applicant is not interfering with the neighborhood, and the property is in good order. Mr. Welker voted "yes" because the applicant is trying to maintain good standards. When the votes were displayed, a 11 seven members had voted in favor of the motion, and the Chairman stated the variance was extended for another year with the stated conditions. DIRECTOR'S CHOICE. Mrs. Romans introduced Tom Best, a student at Metro State College who is work- ing as an intern for 15 hours a week in the Planning Division for which he will rece i ve credits from Metro. He has now attended a Board meeting and a Planning Commission meeting . ATTORNEY 'S CHOICE. Ms. Reid said that she has been named Acting City Attorney, and with her added duties, she may not be able to routinely attend Board meetings. She will, however, be available as needed. BOARD'S CHO I CE. There were no comments from the Board, and the meeting adjourned at 8:00 p.m . Sheryl?Rousses , Recording Secretary - 4 -