HomeMy WebLinkAbout2015 Resolution No. 102•
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RESOLUTION NO. / OJL-
SERIES OF 2015
A RESOLUTION APPROVING FINDING OF FACT AND CONCLUSIONS IN THE
MATTER OF THE APPEAL OF CASE NO. 2015-09 PERTAINING TO 4635 SOUTH PEARL
STREET, URBAN LOT DEVELOPMENT.
WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on Urban
Lot Case #2015-09, for the proposed development at 4635 South Pearl Street in September 2015;
and
WHEREAS, the Englewood Planning and Zoning Commission reviewed the Findings or Fact
and approved the development on Urban Lot Case# 2015-09 located at 4635 South Pearl Street
on October 6, 2015; and
WHEREAS, the decision of the Englewood Planning and Zoning Commission was appealed
by three parties to the Englewood City Council; and
WHEREAS, the City Council held a public hearing on the appeal of Urban Lot Case #2015-09
on November 16, 2015 and voted to uphold the Planning and Zoning Commission's decision and
deny the Appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves the Finding
of Fact and Conclusions of Urban Lot Case #2015-09 and deny the Appeal.
ADOPTED AND APPROVED this 7th day of December, 2015.
I, Loucrishia A. Ellis, City Clerk for ~e City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No./ tJ)Z-., Series ~
Loucrishia A. Ellis, City Clerk
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CITY OF ENGLEWOOD CITY COUNCIL
IN THE MATTER OF THE APPEAL )
OF CASE #2015-09 4635 SOUTH )
PEARL STREET, URBAN LOT )
DEVELOPMENT )
INITIATED BY:
Katie Coons
4655 South Pearl Street
Englewood, Colorado 80113
Cynthia Brown
4633 South Pearl Street
Englewood, Colorado 80113
Jeremy and Cassandra
Letko miller
2856 South Lincoln Street
Englewood, Colorado 80113
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY OF ENGLEWOOD
CITY COUNCIL
Council Members Present: Jefferson, Gillit, Yates, Olson, Barrentine, Martinez,
Russell
Council Members Absent: None
This matter came before the Englewood City Council on November 16, 2015, in the City
Council Chambers of the Englewood Civic Center upon an appeal, filed by Katie Coons,
Cynthia Brown, and Jeremy and Cassandra Letkomiller, of Planning and Zoning
Commission's decision in Case #2015-09, 4635 South Pearl Street, Urban Lot
Development.
Testimony was received from Brook Bell, Planner 11, Christine Martin, Amber Alsadi,
Cassandra Letkomiller, and Jeremy Letkomiller. Written information in the form of a
Council Communication and supporting documentation were incorporated into the record.
After considering the statements of the witnesses and reviewing the pertinent documents,
members of the Englewood City Council made the following Findings and Conclusions .
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FINDINGS OF FACT
1. THAT the Public Hearing was initiated upon an appeal of Planning and Zoning
Commission's decision in Case #2015-09, 4635 South Pearl Street, Urban Lot
Development filed by Katie Coons, Cynthia Brown, and Jeremy and Cassandra
Letkomiller.
2. THAT notice of the Public Hearing was published on the official City of Englewood
website from November 4, 2015 through November 16, 2015, and published in the
Englewood Herald on November 5, 2015.
3. THAT Englewood City Council approved Ordinance 45, Series 2014 on September
2, 2014 amending the City's Unified Development Code and establishing the
Urban Lot designation.
4. THAT public testimony was received by staff and four members of the public.
5. THAT the lot cannot otherwise be used for any purpose permitted within the zone
district applicable to the property.
■ The only permitted use for a 3, 125 square foot lot in an R-1-C zone
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district is a one-unit dwelling on an Urban Lot. •
■ The subject property cannot be used for any other principal or accessory
use listed in Table 16-5-1.1: Table of Allowed Uses.
6. THAT the waiver, or modification, if granted, is necessary to afford relief with the
least modification of the development or dimensional standards otherwise
applicable to the property.
■ The proposed house has a footprint of approximately 985 square feet
and is two stories with a total of approximately 1,600 square feet of
habitable space.
■ The proposed one-unit dwelling would not encroach into the required
setbacks for an Urban Lot.
■ The proposed site plan complies with the minimum lot area, maximum
permitted Jot coverage, minimum Jot width, maximum height, minimum
setbacks, and bulk plane requirements for an Urban Lot in the R-1-C
zone district.
7. THAT the proposed development is consistent with the spirit and intent of the
Comprehensive Plan.
■ The proposed one-unit dwelling is consistent with the Housing Goals
and Objectives listed in the Roadmap Englewood: 2003 Englewood
Comprehensive Plan, specifically Objective 1-2, Objective 1-3, and •
Objective 2-1.
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• 8. THAT the lot coverage, bulk plane, height, setbacks, and massing of the proposed
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development will not vary substantially from the surrounding properties or alter the
essential character of the neighborhood.
• The proposed site plan and elevations comply with the lot area, lot
coverage, lot width, height, setback, and bulk plan requirements for an
Urban Lot in the R-1-C zone district.
• The proposed development will not alter the essential character of the
neighborhood.
• The proposed development will improve a currently vacant lot in the
neighborhood.
9. THAT the proposed development is compatible with the established development
patterns and intent of the zone district.
• The established development patterns for the neighborhood include pre
and postwar wood frame and brick single family homes on a traditional
city grid.
• The majority of the homes have sloping roofs and the architectural styles
are varied.
• The proposed one-unit dwelling is compatible with the established
development patterns and intent of the zone district .
CONCLUSION
THAT a majority of City Council concurred with the Findings of the Planning and
Zoning Commission in Case #2015-09, 4635 South Pearl Street, Urban Lot
Development, and voted to uphold the Planning and Zoning Commission's decision,
and to DENY the appeal.
DECISION
MOTION: TO ACCEPT THE FINDINGS OF THE PLANNING AND ZONING
COMMISSION AND TO DENY THE APPEAL
Moved by Gillit; Seconded by Olson
Vote:
Yes:
No:
Absent:
Abstain:
Motion passed (summary: Yes=4 No=3)
Gillit, Olson, Yates, Martinez
Barrentine, Russell, Jefferson
None
None
Motion passed.
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These decisions and Findings of Fact and Conclusion are effective as of November 16,
2015.
F THE ENGLEWOOD CITY COUNCIL
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COUNCIL COMMUNICATION
Date Agenda Item Subject
December 7, 2015 Resolution approving Finding
11cvi
of Fact and Conclusions in
the matter of the appeal of
Case #2015-09, 4635 S.
Pearl
INITIATED BY STAFF SOURCE
Community Development Department Michael Flaherty, Interim Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This matter came before City Council on November 16, 2015. After taking testimony,
Council voted to uphold the Planning and Zoning Commission's decision and deny this
appeal.
Pursuant to the Englewood Muncipal Code, Section 16-2-18(C):
"The decision of the Council shall be made in writing, and a copy of the written decision
shall be given to the appellant."
Following Council approval of the Finding of Fact and Conclusions, staff will provide
each of the appellants with the written decision.
RECOMMENDED ACTION
Staff recommends approval of this Resolution and forward the Findings of Fact and
Conclusions to the appellants.
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
On September 22, 2015, the Planning and Zoning Commission held a public hearing on
Urban Lot Case #2015-09 , for the proposed development at 4635 South Pearl Street.
The Commission approved the development on an 8-1 vote. Findings of Fact were
approved by the Commission on October 6, 2015.
The decision of the Commission was appealed by three parties, Katie Coons-4655 S.
Pearl, Cynthia Brown-4633 S. Pearl and Jeremy and Cassandra Letkomiller-2856 S .
Lincoln.
On November 16, 2015, City Council held a public hearing on the appeal of the case.
After receiving testimony, Council denied the appeal on a 4-3 vote.
• FINANCIAL IMPACT
There is no financial impact.
LIST OF ATTACHMENTS
City Council Resolution
Findings of Facts and Conclusion in the matter of appeal of Case #2015-09, 4635
South Pearl Street, Urban Lot Development.
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