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HomeMy WebLinkAbout1988-05-11 BAA MINUTES/ • • • BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO MAY 11 1 1988 9 c The regular meeting of the Englewood Board of Adjustment and Ap- peals was called to order by Chairman Welker at 7:30 p.m. Members present: Seymour, George, Doyle, Lighthall, Waldman, Shaffer and Welker. Also present: Dorothy Romans, Staff Advisor Mary Alice Rothweiler, Planner The Chairman stated the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. He said that with seven members present, five affirmative votes would be required to grant a variance. APPROVAL OF MINUTES. BOARD MEMBER SEYMOUR MOVED THAT .THE MINUTES OF APRIL 13, 1988 BE APPROVED AS WRITTEN. Board Member Lighthall seconded the motion • All seven members voted in favor of the motion, and the Chairman ruled the Minutes of April 13, 1988, be approved as written. APPROVAL OF FINDINGS OF FACT. BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES 5- 88, 6-88, 7-88, 8-88, 9-88 AND 10-88, BE APPROVED AS WRITTEN. Board Member George seconded the motion. All seven members voted in favor of the motion, and the Chairman ruled the Findings of Fact were approved as written. PUBLIC HEARING -CASE NO. 12-88. The Chairman opened the public hearing for Case No. 12-88, for property located at 4932 East Chenango Circle, owned by Mark A. Witt. The Chairman said he had proof of publication and posting. Mary Alice Rothweiler Planner was sworn in for testi mony. She stated that the applicant was requesting a variance to permit construction of an at- tached two-car garage which would encroach three feet into the required side yard setback. This is a variance from the Comprehensive Zoning Ordinance, Section 16-4-3: Ml c (1), which establishes a minimum side yard setback of five feet for an attached garage in the R-1 -B, Single-Family Residence District. -1 - • • • Mark A. Witt 4932 East Chenango Circle was sworn in for testimony. He stated that he presently has a small, single, detached garage with breezeway. The slope of the driveway brings water into the garage, which is too small for his purposes. He would like to remove the old garage, raise the grade and build a two-car attached garage. There is nowhere else on the property to build the garage, and there is no room for it unless it is permitted to en- croach into the side yard setback. He said he would pave all the way to the fence, and would have a fence with slats. He would have to remove a tree, and has already planted an- other to replace it. There were no other speakers for or against the variance. The Chairman made the staff report part of the record, and staff had no further comments. The Chairman closed the public hearing. BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED FOR PROPER- TY LOCATED AT 4932 EAST CHENANGO CIRCLE TO PERMIT CONSTRUCTION OF AN ATTACHED TWO-CAR GARAGE WHICH WOULD ENCROACH THREE FEET INTO THE REQUIRED SIDE YARD SETBACK. THIS IS A VARIANCE FROM THE COM- PREHENSIVE ZONING ORDINANCE, SECTION 16-4-3: M 1 c (1), WHICH ESTABLISHES A MINIMUM SIDE YARD SETBACK OF FIVE FEET FOR AN AT- TACHED GARAGE IN THE R-1-B, SINGLE-FAMILY RESIDENCE DISTRICT. Board Member Waldman seconded the motion . The members locked in their votes and gave their findings as follows. Mr. Seymour voted for the variance because of the exceptional shape of the property. Ms. George concurred. Ms. Lighthall voted for the variance because all of the condi- tions necessary to grant a variance were met, and the garage would be an improvement for the neighborhood. Mr. Doyle said the property is well kept and a one-hour fire wall will make it safe. Ms. Shaffer concurred. Mr. Waldman concurred, and said the garage would not impair the adjoining properties. Mr. Welker said there are exceptional conditions, and the neigh- bors would not be adversely affected by the variance. When the votes were displayed, all seven members had voted for the motion, and the Chairman ruled the variance had been granted. He told the applicant to apply to the Division of Building and Safety for a building permit. -2 - • • • PUBLIC HEARING -CASE NO. 13-88 • The Chairman opened the public hearing for Case No. 13-88, for property located at 2942 South Elati street. He said he had proof of publication, and posting was not necessary. Dorothy Romans Acting Director of Community Development was sworn in for testimony. She said the appellants, Rafael E. and Mary A. Juarez, were requesting an appeal of the strict application of Section 9-3A-2 of the Englewood Municipal Code, which section requires that at least one- hal f of the floor area of every habitable room shall have a ceiling height of at least seven feet. Rafael E. Juarez 13494 Omega Circle was sworn in for testimony. He said that at the April meet- ing the Board had granted two variances to families which were using basement bedrooms which had ceiling heights less than seven feet. He said that he owns a similar house at 2942 South Elati Street. He has been improving the house, and needs a variance to permit the use of a basement bedroom where the height is about 6' 3 1/2" at the door and between 6.5 feet and 6.6 feet throughout the basement. There is currently one bedroom in the basement and a laundry room. There is no bathroom in the basement. The pipes in the house are being replaced with copper. Ms. Lighthall asked how much space there is between the house on the north side and the fence. Mrs. Romans said the space is 18 inches wide. Robb Short Housing Rehabilitation Supervisor was sworn in for testimony. He said this property is part of the rental rehabilitation program in which HUD allows the Englewood Housing Authority to match rehabilitation funds hoping to make better rehabilitation of rental property. The owner is doing $12, 000 worth of improvements, with $6, ooo of his own money. The basement is finished. An egress window is being installed along with hand rails, smoke alarms and electric wiring. There were no further speakers for or against the appeal. Ms. Lighthall asked Mr. Groditski about only 18 inches between property line and fence. He said there was nothing his division could do about it. Mr. Groditski said he wants the Board to un- derstand that the Building and Safety Division does not approve of the lower ceiling height. He said the basement in a house with substandard ceiling height can be used for storage, utility or a bathroom, but should not be used for sleeping . -3 - • • • The staff had no further comment, the Chairman incorporated the staff report into the record and closed the public hearing . BOARD MEMBER SEYMOUR MOVED THAT IN CASE #13-88, FOR PROPERTY LO- CATED AT 2942 SOUTH ELATI STREET, AN APPEAL BE GRANTED FROM THE STRICT APPLICATION OF SECTION 9-3A-2 OF THE ENGLEWOOD MUNICIPAL CODE, WHICH SECTION REQUIRES THAT AT LEAST ONE-HALF OF THE FLOOR AREA OF EVERY HABITABLE ROOM SHALL HAVE A CEILING HEIGHT OF AT LEAST SEVEN FEET. Board Member Doyle seconded the motion. Mr. Waldman said he went into the unit, and much work was being professionally done. The ceiling height was not uncomfortable, and egress would make it safe. Mr. Welker said it is difficult to draw the line. This is the lowest ceiling height that has been considered, but the unit is in better condition. The members locked in their votes and gave their findings as follows: Mr. Seymour voted against the appeal because he believed it to be a safety hazard in case of smoke and fire. In his opinion, 6.5 feet is the absolute minimum height that should be permitted. Ms. George voted for the appeal because the egress window is a safety precaution . Ms. Lighthall voted against the appeal because the 6' 3" ceiling height is, in her opinion too low. Mr. Doyle said he had voted for the appeal because the work which has been done has been well done. Ms. Shaffer said the escape window would be a safety feature of value regardless of the use. Mr. Waldman said there seemed little risk with smoke alarms and egress windows. Mr. Welker said that he had real concerns about the ceiling height in this case, but it did not seem exceptionally low. The spirit of the Ordinance will not be violated, and the neighbor- hood will not be harmed. This is the minimum variance possible. When the votes were displayed, five members voted in favor of the appeal and two {Mr. Seymour and Ms. Lighthall) voted against it. The Chairman ruled the appeal had been granted and stated the applicant should obtain building permits from the Division of Building and Safety. PUBLIC HEARING -CASE NO. 14-88. The Chairman opened the public hearing for Case No. 14-88, for property located at 3768 South Fox Street. He stated he had - 4 - • • • proof of posting and publication, and asked that the staff iden- tify the request . Mary Alice Rothweiler Planner for the City stated that the applicant, Wayne Rea, was requesting a variance for property at 3768 South Fox Street owned by George Graham, to permit a garage to be constructed three inches from the north property line. This is a variance from the Comprehensive Zoning Ordinance, Section 16-4-4: M 1 c, which establishes a minimum side yard setback of three feet for a detached garage in the R-1-C, Single-Family Residence District. Wayne Rea 559 Buckley Road was sworn in for testimony. He stated that they would like to build a free-standing garage to take advantage of the space available. If they are required to meet the require- ments of the Ordinance, there would be a three-foot collect- all area which would be shady and unusable. He submitted a letter from the adjacent property owners saying they had no intentions of building in the rear of their property, and their building is over twenty feet from where the proposed garage would be. The placement of the patio would also make meeting the requirements of the Ordinance difficult . Mr. Rea said the driveway is very narrow and long and leads back to a storage shed. The new driveway would come in from the street. The alley has a three foot retaining wall, which the new foundation would meet. The grade is too steep to come in from the alley which is very muddy. It is not, in his opinion, safe to have the doors in the back. There will be no windows or openings in the walls which are along the property line, and they will have one-hour fire rated walls. Mr. Rea said that the sewer line will be moved if it is necessary to avoid building over it, but he does not believe it is located near the proposed garage. There were no further speakers for or against the variance. The staff report was made part of the record, and the staff had no further comments. BOARD MEMBER WALDMAN MOVED THAT IN CASE NO. 14-88, A VARIANCE BE GRANTED FOR PROPERTY LOCATED AT 3768 SOUTH FOX STREET OWNED BY GEORGE GRAHAM, TO PERMIT A GARAGE TO BE CONSTRUCTED THREE INCHES FROM THE NORTH PROPERTY LINE. THIS IS A VARIANCE FROM THE COM- PREHENSIVE ZONING ORDINANCE, SECTION 16-4-4: M 1 c, WHICH ES- TABLISHES A MINIMUM SIDE YARD SETBACK OF THREE FEET FOR A DETACHED GARAGE IN THE R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT. Board Member Seymour seconded the motion . - 5 - • • Ms. Lighthall said the alley is lower than the backyard, and is muddy. Mr. Welker said the alley is narrow and access is a prob- lem. Mr. Waldman said that building that close to the neighbor's property might inconvenience future owners. Ms. Lighthall and Mr. Welker said the one-hour fire wall would give some protection to the neighbors who could also go to the Board. The members locked in their votes and gave their findings as follows. Mr. Seymour voted against the variance because the five condi- tions were not met. Ms. George voted for the variance because the neighbors wouldn't be adversely affected and she agreed that a three foot space is not helpful. Ms. Lighthall agreed, saying there is a hardship and this variance is the minimum relief. Mr. Doyle said he voted for the variance because there was no alternative, and the property is well kept. Ms. Shaffer agreed since the neighbors had no objection. Mr. Waldman said the property seems narrow and the space avail- able may make granting the variance necessary . Mr. Welker said the retaining wall is an exceptional circumstance and he voted for the variance. When the votes were displayed, six members had voted for the variance, and one, Mr. Seymour, had voted against it. The Chair- man declared the variance granted, and instructed the applicant to apply to the Division of Building and Safety for a building permit. DIRECTOR'S CHOICE. Mrs. Romans said that the Housing Division had written to the City Council concerning minimum ceiling heights. She said there would be an open house from 4:00 to 6:00 p.m. on Friday in honor of the 85th anniversary of Englewood's incorporation. Former Council members and mayors and the members of the Charter Conven- tion have been personally invited, and all other citizens have been invited through the Sentinel and Rocky Mountain News. Peo- ple are being invited to contribute to the Horse Car Fund. Pic- tures of old Englewood are going to be displayed by the Library and Dr. John Simon. BOARD'S CHOICE. Ms. Shaffer suggested that old building plans could be checked to discover ceiling height requirements in 1947. Mrs. Romans said that old plans are not kept, but that she had been told that the - 6 - • • • 7 foot requirement had been in existence for as long as we have had a building code . The meeting adjourned at 8:50 p.m. Sheryl Rousses Recording Secretary - 7 -