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HomeMy WebLinkAbout1988-08-10 BAA MINUTES• • • MINUTE S BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO AUGUST 10, 1988 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: Seymour, George, Lighthall, Dunn, Shaffer, Waldman and Welker. Members absent: None. Also present: Dorothy Romans, Staff Advisor Nancy Reid, Assistant City Attorney Mary Alice Rothweiler, Planner The Chairman stated that 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 JULY 13, 1988, BE APPROVED WITH A CHANGE ON PAGE 8 SHOWING THAT MS. SHAFFER MADE THE AMENDED MOTION . Board Member Lighthall seconded the motion . All the Board Members voted for the motion, and the Chairman ruled that the Minutes were approved as amended. APPROVAL OF FINDINGS OF FACT. BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES #11-88, 20-88 AND 21-88 BE APPROVED AS WRITTEN. Board Member Welker seconded the motion. All the Board Members voted for the motion, and the Chairman ruled that the Findings were approved as written. PUBLIC HEARINGS. The Chairman opened the public hearing for Case #19-88 for property located at 3296 South Washington Street and 727 East Floyd Avenue. The Chairman said he had proof of publication and posting and asked that the staff identify the request. Mary Alice Rothweiler Planner was sworn in for testimony and stated that the applicant, Robert S. Brio- la , had requested a variance to permit a total lot coverage of 48% which would exceed the maximum coverage of 40% of the lot area permitted in the -1 - • • • R-1-C Zone District, and a variance to permit a curb cut totaling 40 feet instead of the maximum of 20 feet permitted for a residential use. This is a variance from the Comprehensive Zoning Ordinance, Section 16-4-4: E, maximum percentage of lot coverage in the R-1-C, Single-Family Residence District; and Section 16-5-4: B, Residential Driveways. Robert Briola 3296 South Washington Street was sworn in for testimony. He stated he was requesting a variance for off-street parking for his two delivery vans which exceed five feet in height. The City has posted a notice that no vehicles over five feet should be parked on the street to protect children in the neighborhood. His grocery store attracts children, and he would like to park his two vans on a slab on his property which he would cover to protect from the weather. He entered Exhibit I showing the design for the cover . In response to a question from Ms. Shaffer, Mr. Briola said that there is just room enough for the two trucks to park side-by-side. He said he did not want to park the vans in the existing garages because he is already using the garages for three cars. Mr. Briola noted the multiple dwe l ling units across the street, which are in a different zone district . There were no further speakers for or against the variance. The Chairman asked if there were further comments from the staff. Mary Alice Rothweiler asked to clarify some issues. She said that the Depart- ment of Community Development would require that the patio and the cover not extend over the property line. In addition, the setback requirements must be met. Ms. Rothweiler believed that the existing garage was at the setback line. Mr. Briola said that he would meet the setback requirements. BOARD MEMBER SEYMOUR MOVED THAT IN CASE #19-88, FOR PROPERTY LOCATED AT 3296 SOUTH WASHINGTON AND 727 EAST FLOYD AVENUE, PROPERTY OWNER ROBERT S. BRIOLA BE GRANTED A VARIANCE TO PERMIT A TOTAL LOT COVERAGE OF 48% WHICH WOULD EXCEED THE MAXIMUM COVERAGE OF 40% OF THE LOT AREA PERMITTED IN THE R-1-C ZONE DIS- TRICT, AND A VARIANCE TO PERMIT A CURB CUT TOTALING 40 FEET INSTEAD OF THE MAXIMUM OF 20 FEET PERMITTED FOR A RESIDENTIAL USE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE , SECTION 16-4-4: E, MAXIMUM PERCENTAGE OF LOT COVERAGE IN THE R-1-C, SINGLE -FAMILY RESIDENCE DISTRICT; AND SECTION 16-5- 4: B, RESIDENTIAL DRIVEWAYS. Board Member George seconded the motion. The members locked in their votes and gave their findings as follows. Mr. Seymour said he voted for the motion because there was no opposition, and the variance will improve the safety of the neighborhood. He said the five requirements for granting a variance had been met. Ms. George said she voted for the motion because public safety will be served by removing the vans from the street, and the five requirements were met. Ms . Lighthall said she had voted for the var i ance because the traffic is heavy in the neighborhood, and this seemed a well -planned solution. - 2 - • •• • Ms. Dunn stated that she voted for the motion because there was no opposition, the neighborhood will not be adversely affected, and it will be better to have the vans off the street. Ms. Shaffer concurred. Mr. Waldman said that he voted for the motion because the property is unique and having the vans off the street wi 11 be better for adjacent property and the neighborhood. Mr. Welker concurred. When the votes were displayed, a 11 seven members had voted in favor of the motion, and the Chairman ruled the variance was granted, and stated that per- mits should be obtained from the Division of Building and Safety. The Chairman declared a recess at 8:05 p.m. The meeting resumed at 8:10 p.m. with the same persons present. The Chairman opened the public hearing for Case #23-88, for property located at 4124 South Washington Street. He said he had proof of publication and posting, and asked that the staff identify the request. Dorothy A. Romans Assistant Director of Community Development was sworn in for testimony. She stated that the applicant, John Manyik, was requesting a variance to permit construction of an addition to an existing garage which will result in a total garage area of 1122 square feet. This is a variance from the Comprehensive Zoning Ordinance, Sec- tion 16-4-4: M 1 e, which establishes 1000 square feet as maximum floor area of a garage in the R-1-C, Single-Family Residence District. The Chairman asked that the applicant come forward for testimony. John Manyik 4124 South Washington Street was sworn in for testimony. He stated that he bought the home from his parents who recently purchased it, but, because of health reasons, were unable to live there. He owns two classic cars and a motorcycle. He enjoys working on his cars, but there is not enough room in the garage, which is narrow. He would not be doing body work or painting. He has a job at Mountain Bell and would not be starting a business. He said the garage would be attached to the house. There is not room on the property to widen the garage and still have the use of the yard for the children. The driveway space is not needed, and would be better for the garage's location. He said the proposed structure would be extended along the line of the present garage forward to connect the garage with the house. Mr. Manyik said the neighbors to the north did not object to the pro- posal, but the neighbors to the south refused to approve. He said he is a quiet person who usually gets along with neighbors. He said that he had not made specific plans for the garages since the variance would be required first. - 3 - • • • There were no other speakers for or against the variance. The Chairman asked that the staff report be made part of the record, and asked if the staff had any further comments. Dorothy Romans said she had received a letter dated August 7th from Earl C. Powell in which Mr. Powell objected to the variance request on the grounds that more autos would be worked on, and there would be more noise and pollu- tion, more junk accumulated, and more cars on the street. Mr. Powell believed this matter to be a rezoning. He lives at 4174 South Washington Street, and his letter was entered as Exhibit I. Walter Groditski Code Administrator was sworn in for testimony. He said that any garage over 1000 square feet would be classified as commercial. This designation would have a large impact on what Mr. Manyik can build. There could be no openings into a sleeping area from the garage, and the connecting wall would have to be of one-hour fire construction. The door would have to have an automatic closer on the entry to the house. Mr. Groditski said that some of the Building Codes were so restrictive that Mr. Manyik might have to return to the Board for further variances. Mr. Manyik returned to testify. He said that the noise feared by the neighbor would not occur because he does not use grinders or welders . He works on his own two classic cars, which are nearly completed. Most of the work is simple detailing. He said he might heat the garage later . The Chairman closed the public hearing for Case #23-88. BOARD MEMBER WALDMAN MOVED THAT IN CASE #23-88, JOHN MANYIK BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4124 SOUTH WASHINGTON STREET TO PERMIT CON- STRUCTION OF AN ADDITION TO AN EXISTING GARAGE WHICH WILL RESULT IN A TOTAL GARAGE AREA OF 1122 SQUARE FEET. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-4: M 1 e, WHICH ESTABLISHES 1000 SQUARE FEET AS MAXIMUM FLOOR AREA OF A GARAGE IN THE R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT. Board Member Seymour seconded the motion. After some di scussion, the members locked in their votes and gave their find- ings as follows . Mr. Seymour said he voted for the reques t because it met the five require- ments, and keeping cars in the garage would contain any noise. Ms . George said she voted for the request because it would keep the cars off the street and the garage would not harm the neighborhood. Ms. Li ghthall abstained, at first, and then changed her vote to "no" because she said she believed there was danger that in the future the garage will be used for commercial purposes . Ms. Dunn stated that she voted for the request because the garage will be com- patible with the neighborhood, and the cars will be off the street. - 4 - • Ms. Shaffer said she had voted "yes" because the neighborhood will not be ad- versely affected . Mr. Waldman stated that he voted "no" because there is nothing exceptional about the land or neighborhood that would require a variance. He was con- cerned about extending the bu i1 ding 1 i ne a 1 ong the property 1 i ne, and he believed the neighborhood might be adversely affected. Mr. Welker said that in his opinion the location of the existing garage is an exceptional circumstance, and that the neighborhood would not be affected by extending the garage. There is little difference likely between the requested 1122 square feet and 1000 square feet as far as noise is concerned. Permit- ting the larger garage would not be the same thing as granting a true commer- cial garage in spite of the designation by the Building Division. He said the request seemed reasonable and minimal to attach the garage to the house. When the votes were displayed, five members had voted in favor of the motion, and two (Ms. Lighthall and Mr. Waldman) had voted against it. The Chairman ruled that a larger garage could be constructed, and instructed the applicant to apply for a building permit. DIRECTOR'S CHOICE. Mrs. Romans extended an invitation to the Employees picnic on August 20. BOARD'S CHOICE. Mr. Welker welcomed Mrs. Dunn to the Board. • ATTORNEY'S CHOICE. • Ms. Reid said that an abstention is counted as a negative vote, and a member should abstain only for a stated reason. SheYlRQ&es; Recording Secretary -5 -