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HomeMy WebLinkAbout1988-01-13 BAA MINUTES• • • /rO BOARD OF ADJUSTMENT AND APPEALS ENGL EWOOD , COLORADO JANUARY 13, 19 88 The regular meeting of the Englewood Board of Adjustment and App eals was called to order by Chairman Welker at 7:30 p.m. Members present: Seymour, Hallagin, Fish, Lighth all, Br own , Doyle and Welker. Also present: Dorothy Romans, Staff Advisor Nancy Reid, Assistant City Attorney Mary Alice Rothweiler, Planner APPROVAL OF MINUTES. BOARD MEMBER FISH MOVED THAT THE MINUTES OF DECEMBER 9, 1987, BE APPROVED AS WRITTEN. Board Member Brown seconded the motion. A 11 seven members voted in favor of the motion, and th e Chairman ruled the Minutes of December 9, 1987, were approved as written. APPROVAL OF FINDINGS OF FACT • BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES #30-87, 31-87, AND 32-87 BE APPROVED AS WRITTEN. Board Member Fish seconded the motion. A 11 seven members voted in favor of the motion, and the Chairman ruled the Findings were approved as written. CONTINUED CASE #27-87. The Chairman opened the public hearing for Continued Case #27-87. Tim Welker, 1355 West 74th Place, was sworn in for testimony, and distributed Exhibit I, a 1 i st of the fi na 1 figures for parking and 1 andscapi ng and the result of a survey showing that 2% of Goodwill's customers use Kathie's Import Chalet parking space at least five times a year. He said that they would be able to provide 28 parking spaces, and 1836 square feet of landscaping on the expanded site, and have reduced the proposed addition to give them a total of 10,542 square feet of building. Mr. Tim Welker emphasized that the request would result in a great deal more parking and landscaping than is presently on the property, and Goodwill would be providing more 1 andscapi ng and parking than any of their neighbors, with the possible exception of the Chalet. The survey showed that 333 of the cus- tomers find it difficult to find a parking space. Under the proposal they would be moving from 553 parking compliance to 803. - I - 9 8 - • • • Mr. Welker said that they have five employees on duty and they are asked not to use the parking lot . Bettie Moore, 14880 East 21st Avenue, Aurora, was sworn in for testimony. She submitted Exhibit II, showing photographs of the neighborhood. She said that, in her opinion, Goodwill already has more parking than most of its neighbors, and there is little landscaping in the area. The proposal would, in her opinion, improve the whole neighborhood. Chairman Welker said that there is little parking or landscaping in t he area, and that is why the Codes have been changed. Mr. Fish asked if the 90 square foot planter on City property had been discussed with the City. Ms. Moore said she had not discussed the matter. In response to a question, she stated that there was little parking behind the businesses on Broadway. Mary Alice Rothweiler, Planner for the City of Englewood, was sworn in for testimony. She said that she had checked the figures and drawings, and is of the opinion that 28 parking spaces cannot be attained on the property because the required angles would reduce the parking to about 22 spaces or 63% of the required parking spaces. A little more landscaping, however, would be possible. Discussion followed. The Chairman asked if there were any other speakers in favor of the va r iance. Eden Recor, 8285 South Cody, Littleton, representing Kathie's Import Chalet at 3971 South Broadway, was sworn in for testimony. He said he had pre~viously opposed the variance, but had decided he had had a selfish attitude about the parking space, in view of the possibility that he might wish for similar con- cessions in the future. There were no further speakers for or against the variance. The Chair man add- ed the Addendum to the staff report to the record. There were no further staff comments. BOARD MEMBER FISH MOVED AND BOARD MEMBER SEYMOUR SECONDED, THAT IN CASE 27-87, 4021 SOUTH BROADWAY, GOODWILL INDUSTRIES BE GRANTED A VARIANCE TO REDUCE THE REQUIRED PARKING AREA FROM 10,734 SQUARE FEET TO 6,600 SQUARE FEET, AND TO REDUCE THE REQUIRED LANDSCAPING BY 75%. THIS IS A VARIANCE FROM THE COM- PREHENSIVE ZONING ORDINANCE, SECTIONS 16-5-5 A 14, PARKING STANDARDS, AND 16- 4-18 C 2 e, LANDSCAPING. The members locked in their votes and gave their findings as follows: Mr. Seymour voted against the variance because the reductions were excessive. Mr. Hallagin abstained. Mr. Fish agreed that the variance as stated was excessive. Mr. Brown, Ms. Lighthall, Mr. Doyle and Mr. Welker concurred. There were six votes against the variance, with one abstention, and the-Chair- man ruled the motion was defeated. -2 - • • • BOARD MEMBER FISH MOVED AND BOARD MEMBER SEYMOUR SECONDED FOR CASE #27-87, 4021 SOUTH BROADWAY, THAT GOODWILL INDUSTRIES BE GRANTED A VARIANCE TO REDUCE THE REQUIRED PARKING SPACES FROM 35 TO NO LESS THAN 25, AND THE LANDSCAPING TO NO LESS THAN 85% OF THE REQUIRED 2187.5 SQUARE FEET. The members locked in their votes and gave their findings as follows: Mr. Seymour voted for the variance as amended because this seemed a good com- promise and the neighbors agreed. Mr. Hallagin voted for the variance because Goodwill evidenced cooperation and the neighborhood would be improved. Mr. Fish said there was a hardship and the nature of the neighborhood is such that even with a variance, the area would be improved, and the neighborhood will not be adversely affected by this minimal variance. Mr. Brown voted for the variance because of the improvement of the area, there is a hardship, and there were no longer any objections from the neighbors. Ms. Lighthall concurred. Mr. Doyle said there was evidence that the applicant was attempting to meet the requirements. Mr. Welker said there had been compromise, and the site has limitations. The property would be improved if the variance is granted, and the request meets the conditions for granting a variance . When the votes were displayed, all seven members had voted for the motion, and the Chairman announced that the variance was granted subject to the minimum standards set. * * * * * The Chairman opened the public hearing for Case #1-88, 4501 South Delaware and 430 West Stanford Avenue, for the Estate of Louis Campbell. Mr. Welker said he had proof of posting and publication and asked that the Staff identify the request. Mary Alice Rothweiler stated that in order to carry out the terms of Mr. Camp- bell's Will, the applicant, Howard J. Beck, Attorney, had requested a variance to permit the division of the building lot into two parcels under separate ownership. This is a variance from the Comprehensive Zoning Ordinance, Sec- tion 16-4-4:C 1, Minimum Lot Area, and Section 16-4-4: J, Minimum Rear Yard, for property located in the R-1-C, Single-Family Residence District. Howard Beck, Attorney, 15101 East Iliff #200, Aurora, came forward for tes- timony. He stated that the property is on the southwest corner of Delaware and Stanford. Mr. Campbell died in 1984 leaving the two houses on the proper- ty to two different persons--Mrs. Guscott, the tenant in the larger house was left the house which fronts on Delaware, and a nephew was left the house that fronts on Stanford. The two houses on the building lot in the single family zone district were nonconforming uses, having been in existence in 1950 when the area was annexed. Mr. Beck said that the estate cannot be settled because the property cannot be conveyed to the heirs without the variance. - 3 - • • • Mr. Beck submitted Exhibit I showing where the property would be divided and he said that an easement would have to be created to grant access to both properties. He said that it will be necessary to have separate water lines, and this has been worked out. The nephew will receive 1/2 of the estate in a year and a half, then the rest 7 years later. There were no further speakers in favor of the variance. The Chairman asked if there were any speakers opposed to the variance. Robert Fraley, 4525 South Delaware, was sworn in for testimony. He stated that, in his opinion, there is not enough lot area for two separate homes and two families. While they have been there for a long time, the parking is a problem, and in his opinion, the renters have not been responsible people. Sometimes there are three or four veh i c 1 es in the driveway and sometimes sever a 1 on Stanford. He said his 1 ot is twice as 1 arge, and he wouldn't be granted a permit to build another house on his lot. Mr. Fraley stated that his property value is harmed by the existing situation, and he is concerned that even this condition will deteriorate in the future if the property is divided. Mr. Welker said that nothing the Board did would change the fact that it is legal to have two houses on this property. Mr. Fraley said that in the future it might revert to only one house if the variance were not granted. Ora Trefethen, 4515 South Delaware, was sworn in for testimony. She said they have lived in the neighborhood for 26 years, and this property has always been a problem. Once there were 10 children on the one lot. Once there were 14 dogs. Now there are two dogs which constantly bark . The houses are 50 and 65 years old, and are too expensive to repair. If the lot were undivided the property might revert to only one house. No one wi 11 want to buy half of a lot. Mrs. Trefethen said the current tenant, Mrs. Guscott, has been in the neigh- borhood for 18 years and has been a good neighbor, but she is elderly, and the situation may change soon. Edith Shoemaker, 4510 South Delaware, was sworn in for testimony . She said that she, too, opposes the variance because if the property is divided there is no chance of improvement, and the present situation wi 11 probab 1 y get worse. There have been disturbances caused by persons living on the property and the police have been called. She said she realized that there will still be two houses on the lot if the property is not divided, but she said there is hope of improvement if it is not divided . Ray Trefethen, 4515 South Delaware Street, was sworn in for testimony . He said he had frequently called the police about tenants on this property. One tenant was growing marijuana until the landlord made him stop . He emphasized that if the property were to be sold as one lot, there might someday be only one, large house on the property. There were no further speakers in opposition to the variance. Mr. Beck returned to say that there were two choices: -4 - • • • If the variance is approved, there may be two owners, who may sell, live in the houses or rent. The back unit will certainly continue. The prop- erty has been appraised at between 40-50 thousand dollars per unit. There is a better chance for the houses to be owner occupied with sepa- rate owners. If the variance is disapproved, there will certainly be at least one renter on the property at all times. It is unlikely that a home worth 40-50 thousand dollars would be torn down. Further, Mrs. Guscott will have to move if the whole property must be sold. Mr. Fraley returned to ask how large the lot is. He was told that it is 10,179 square feet and, if the variance is granted, the lots will be 4,725 and 5,454 square feet. Mr. Fraley said those lots were too small. The Chairman made the staff report part of the record. Dorothy Andrews Romans, Staff Advisor, was sworn in for testimony. She asked that, if the variance were granted, each house be required to have separate water and sewer service. In response to a question, she said there are a num- ber of 37 1/2 foot lots in the older parts of Englewood which are smaller in area than those being proposed in this case. Under .the current circumstanc- es, the buildings could be replaced if they were unintentionally destroyed. The City would permit new homes to be built on the divided lots if the variance were granted and the owners wished to do so. The Chairman closed the public hearing . BOARD MEMBER FISH MOVED, AND BOARD MEMBER HALLAGIN SECONDED, THAT IN CASE #1- 88, FOR PROPERTY LOCATED AT 4501 AND 430 WEST STANFORD, THE APPLICANT BE GRAN- TED A VARIANCE TO PERMIT THE DIVISION OF THE BUILDING LOT INTO TWO PARCELS UNDER SEPARATE OWNERSHIP. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-4: C 1, MINIMUM LOT AREA, AND SECTION 16-4-4: J, MINI- MUM REAR YARD, FOR PROPERTY LOCATED IN THE R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT. Mr. Doyle asked that a condition of separate water and sewer be added to the variance, and Mr. Fish stated he would not agree to do so. After a ruling by the Assistant City Attorney the following motion was made. BOARD MEMBER DOYLE MOVED, AND BOARD MEMBER LIGHTHALL SECONDED, THAT THE MOTION BE AMENDED TO INCLUDE A REQUIREMENT FOR SEPARATE WATER AND SEWER SERVICE FOR EACH HOME. Upon a vote, six members voted for the amendment, and one, Mr. Fi sh, voted against it. The Chairman ruled the amendment had been approved and asked the members to vote on the motion as amended. The members locked in their votes and gave their findings as follows. Mr. Seymour voted for the amended motion because there was a better chance of young, single owners living on the property if it were divided. Mr. Hallagin said there was a hardship and these units might be good beginning homes for young couples. -5 - .. • • • Mr. Fish said that granting the variance creates a situation without the pos- sibility of improvement . Mr. Brown said there would be no negative impact on the neighborhood as the situation would remain the same, and there is a hardship. The conditions for gran t ing a variance have been met. Ms. Lighthall voted for the amended motion because there will be no change in the two houses either way, and defeating the variance would obstruct settle- ment of the estate. Mr. Doyle voted for the amended motion because two separate lots might improve the neighborhood. Mr. Welker said this is a "no win" case, but that granting the variance seemed justified. When the votes were displayed, six members had voted for the motion as amen- ded, and Mr. Fish had voted against it. Mr. Welker said the variance, as amended, was granted. There was no Director's Choice. ATTORNEY'S CHOICE. Ms. Reid reminded the Board that the five conditions necessary for granting a var i ance should be mentioned in the findings. BOARD'S CHOICE. Mr. Welker thanked Mr. Fish and Mr. Hallagin for their years of service, and expressed regret that they would no longer be on the Board. The meeting adjourned at 10:45. A study session continued in the Community Room. Mem bers present: Welker, Fish, Seymour, Brown, and Doyle. Also present: Mrs. Romans, Ms. Reid, Mrs. Rothweiler, Walt Groditski, Robb Sho r t. Mrs. Romans said there had been staff discussion concerning the requirements of the Housing Code, in particular relative to existing situations in older homes which have occupied basements with ceilings lower than 7 feet. There is no economical way to increase the height of those ceilings, most of them can- not be controlled, and the basements are being used as sleeping rooms through- out the City. The staff is concerned that, if the code is enforced stringent- ly, they will have to walk away from other dangerous situations that could be corrected under the City's Rehabilitation Program. Should the electrical sys- tem and the furnace be a 11 owed to continue in substandard condition because the ceiling height is less than seven feet? After much discussion, it was decided that each case should be decided indi- vi du ally by the Board after some instruction as to the safety hazard involved in lower ceiling heights. -6 - . . • • • The meeting adjourned at 11:00 p.m . S~ Secretary -7 -