►
From YouTube: Board of Adjustment and Appeals 13 Dec 2017
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/39441?handle=94F96C11691C4147A26285A6130A7D43
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/39440?handle=802083FACBDA4BAA9FDDD73A2412DDFC
1. Call to Order
The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:00 pm in the Englewood City Council Chambers, Chair Finn presiding. Chair Finn stated there were five memb...
2. Public Hearing:
Case VAR2017-019 Steven & Kathleen Mulhern 2750 South Emerson Street Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applic...
3. Approval of Minutes
APPROVE THE NOVEMBER 8, 2017 MINUTES AS WRITTEN.
4. Approval of Findings of Fact
APPROVE THE FINDINGS OF FACT CASE VAR2017-018, 2216 EAST DARTMOUTH CIRCLE AS WRITTEN.
5. Staff's Choice
Mr. Charles stated there is one variance case scheduled for January.
6. Attorney's Choice
Mr. Comer was not present at the meeting.
7. Board Member's Choice
The Board had nothing further.
8. Adjourn
The meeting was adjourned at 7:45 PM.
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/39441?handle=94F96C11691C4147A26285A6130A7D43
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/39440?handle=802083FACBDA4BAA9FDDD73A2412DDFC
A
C
A
And
I'm
here
and
I'll
apologize
to
you
guys
of
mine
I
starts
bleeding
I
cut
myself,
shaving,
so
pretty
exciting
up
here.
So
there
are
five
members
present.
Therefore,
for
affirmative
votes
are
required
to
grant
a
variance
or
appeal.
The
board
is
authorized
to
grant
or
deny
variance
by
part
three
section
60
of
the
Englewood
city
charter.
Anyone
aggrieved
by
a
decision
rendered
by
this
board
may
appeal
that
decision
to
a
court
record.
However,
such
appeal
must
be
made
within
30
days
of
the
Board's
decision.
A
Any
approved
variance
is
effective
at
the
end
of
the
appeal
period.
Building
permits
for
construction
associated
with
an
approved
variance
will
not
be
issued
until
the
appeal
period
is
ended.
Building
permits
must
be
obtained
in
construction
began,
with
a
hundred
and
within
180
days
of
the
variances
effective
date
procedure
for
the
meeting
is
the
case
will
be
introduced
and
overview
be
given
by
staff.
The
applicant
will
present
their
request
and
reasons
that
the
variance
should
be
granted.
Any
proponents
will
be
given
the
opportunity
to
speak.
A
Opponents
will
also
address
the
board
if
they're
present
and
if
needed,
staff
will
address
the
board
again.
The
public
hearing
for
case
number,
var
2017
0:19
for
Steven
and
Kathleen
Mulhern
at
2750,
South
Emmerson
Street,
is
now
open.
The
applicant
requesting
variances
for
an
attached
garage
to
encourage
11
feet
into
the
required
25
front
setback
for
the
attached
garage
to
encourage
one
foot
into
the
required
7
foot
side
setback.
E
B
E
E
This
property
is
thirteen
thousand
three
hundred
square
feet.
The
standard
for
an
r1,
a
zone
district
is
about
nine
thousand
square
feet.
There's
an
existing
two
thousand
six
hundred
square
foot
single-family
residence
on
the
property
and
the
applicants
are
proposing
to
add
about
a
thousand
square
feet
through
all
their
additions
to
the
property.
This
house
was
also
constructed
in
1941
and
then
annexed
into
the
city
of
Englewood
in
1946.
E
E
E
A
E
E
From
there
so
on
this
slide,
you
can
see
the
on
the
top
is
the
currently
existing
home
and
on
the
bottom
is
the
proposed,
so
the
definitely
adds
an
aesthetic
value
to
the
home
and
brings
it.
Brings
it
out
a
little
more
and
gives
it
a
little
more
features,
including
on
and
and
gives
it
more
features,
that's
it
for
the
staff
report.
If
you
have
any
questions
for
me,
you
have
an
answer.
A
E
E
B
E
That
is
the
one
foot
into
the
side:
setback
that
would
be
into
the
required
seven
foot
sides
have
back
parts:
yeah
yeah,
there's
two
setbacks
for
the
garage,
one
being
the
eleven
feet
into
the
front
setback
and
then
one
of
less
than
a
foot
into
the
side
setback
and
then
there's
one
for
the
porch
to
encroach
as
we
talked
about
the
one
foot
and
then
a
projection
of
five.
Why.
E
Yes,
it's
mainly
to
give
more
of
an
aesthetic
kind
of
differentiation
in
the
front
of
the
house.
So
if
you
only
had
it
where
you
had
no
projection,
you
would
have
to
build
your
house
either
further
back
and
then
now
take
away
some
of
your
back
yard
or
you
would
have
to
have
no
front
porch
and
it
would
kind
of
just
keep
lots
of
flat
houses
across
the
city
is.
F
E
Don't
believe
I
would
assume
that
five
feets,
probably
the
minimum,
that
you
could
have
where
it'd
be
a
functional
porch
at
all.
It's
honestly
probably
a
little
bit
low
on
the
functionality,
but
it
would
allow
further,
probably
that's
why
they
love
minimum,
that
you
could
have
to
have
any
functionality
on
your
porch.
F
E
F
A
E
So
for
for
this
street,
and
for
this
house
in
particular,
the
right
of
way
is
actually
quite
large
compared
or
the
right
away
on,
like
which
you
traditionally
think
of,
as
the
property
like
in
the
grass
is
actually
quite
large
comparative
to
a
normal
Street.
Usually
a
standard
Street
has
like
eight
or
nine
feet
of
right-of-way.
That
extends
past.
Where
the
curb
line
is
this
or
but
your
water
and
sewer
lines
are
as
well
as
a
sidewalk
and
all
that.
So
could
you
get
a
slide
to.
A
B
E
Has
a
one
car
garage
yep,
and
it's
actually
on
this
one.
You
can
kind
of
see
it
on
the
far
right-hand
side
of
the
structure.
There's
a
one
car
garage
with
a
carport
right,
yeah,
there's
a
one
car
garage
than
a
carport
next
to
it,
and
what
they'll?
What
they're
planning
to
do
is
make
this
a
two-car
garage
and
then
the
one
car
garage
or
they
may
convert
it
into
a
livable
space
to
make
the
space
a
little
bigger.
E
A
E
A
H
G
Good
evening,
thanks
for
letting
us
present
this,
just
maybe
a
couple
of
the
little
things
and
you
can
kind
of
add
gas
questions.
My
wife
kathleen
is
also
here
just
a
little
story
about
us.
We
moved
to
england,
I
think,
right
after
we
got
married
about
nineteen
I'm,
not
gonna
goof
this
up,
we
get
a
wife
as.
G
Actually,
we
moved
here
and
we
moved
into
this
house
in
1992,
so
my
son
was
about
nine
months.
My
daughter
was
not
quite
two
years
old,
so
we've
been
here
since
you
know
quite
a
quite
a
long
time.
We've
updated
the
interior
here
and
there,
but
we're
at
that
stage
of
life
where
the
kids
are
now
gone.
And
it's
that
question
of
do
you
update
or
do
you
move
and
Englewood
really
is
our
our
home,
our
preferred
home?
G
We
enjoy
the
community,
we've
done
a
lot
of
stuff
in
the
community,
so,
as
we've
gone
through
the
planning
with
our
architect
and
it's
been
a
process
with
him.
One
of
the
things
that
has
brought
us
to
this
evening
is
this
addition
of
the
garage
and
extending
out
as
you've
pointed
out.
There
are
a
number
of
pieces
about
this
site
that
are
rather
unusual.
G
We
don't
have
the
alley
we
could,
by
code,
extend
the
garage
to
the
back
and
that's
quite
common
with
some
of
the
houses
in
the
area
where
they
blow
them
down
and
they
put
the
garage
in
the
back
for
us
to
do
that.
It
would
require
a
substantial
amount
of
concrete
on
what
would
be
the
southerly
edge,
as
well
as
a
disruption
disruption
of
quite
a
quite
a
bit
of
Education,
probably
about
eight
trees.
We
would
have
to
remove
so
we
don't
think
that's
the
best
option.
G
So
we've
gone
through
the
various
plans
and
we've
gone
through
these
on
a
number
of
levels.
This
is
the
one
that
we've
kind
of
settled
in
on
it
does,
as
you
see
project
out,
it's
only
about
six
inches
on
that
Southside
versus
the
one
foot,
but
as
we've
talked
to
staff
just
for
sake
of
disclosure,
we're
not
trying
to
kind
of
game
it
we're
just
saying
at
least
one
feet
are
one
foot,
the
the
porch
itself.
We
haven't
finally
finalized
the
design
there.
G
As
you
can
see
it's
kind
of
a
half
porch,
the
thought
might
be
the
extended
across
the
whole
front.
But
at
this
point
we
only
have
that
half
porch
and
we're
asking
for
that.
One
foot
variance
to
step
out
and
then
the
garage
depth
comes
out
about
11
feet
into
the
setback,
but
you
do
have
a
very
generous
from
the
right
away
to
that
front.
So
you're
not
going
to
feel
like
oh
gosh
right
up
on
the
street
with
with
the
garage
itself.
G
So
one
question
that
was
asked
and
just
maybe
to
address
that
the
existing
one
car
garage
we
will
maintain
that
more
as
storage
and
for
tools
and
some
other
things.
The
house,
interestingly,
is
crawlspace
slab
on
grade
that
there's
a
little
extension.
If
you
looked
at
the
site
pan,
it
does
have
an
exterior
cellar.
So,
unlike
some
of
the
older
homes
where
you
would
have
a
basement,
you'd
have
storage
what-have-you.
G
This
does
have
one
of
the
deficiencies
of
the
data
dome
that
we
have,
but
again
it's
home
for
us
and
we're
trying
to
update
it
in
that
regard.
I
think
those
are
my
just
initial
comments
to
give
you
a
little
story,
and
we
do
know
the
neighbors
we
have
spoken
to
each
one
of
them
individually.
The
neighborhood
is
very,
very
close.
It's
turning
over
a
little
bit
and
what's
fun
about
it,
it's
turning
over
with
folks
that
very
much
where
we
were
back
in
1992
with
some
young
kids,
so
we're
quite
quite
pleased
to
stay.
G
G
Yeah,
thank
you.
We've
looked
at
a
couple
of
different
sizes.
I
have
a
4runner
I've
had
a
truck
at
different
times
and,
as
we've
looked
at
vehicle
sizes
within
that
to
get
a
little
bit
larger
vehicle
in
there.
That's
one
of
the
things
that
we've
done,
that
plus
to
give
some
generous
pieces.
We
have
camping
pieces
and
different
parts
of
the
interior.
G
We
haven't
done
a
full
interior
layout,
but
it
really
has
been
vehicle
size
that
we
have
sized
it
with
with
our
architect
as
well
as
some
of
the
door
sizes
and
we
haven't
finalized
the
exact
pitch
of
what
that
height
might
be
we're
still
working
through
that,
but
the
door
sizes,
which
is
what
we've
kind
of
worked
through
versus
a
single
door,
the
double
doors,
architectural.
What
we
like.
A
G
A
G
A
G
Would
you
would
enter
the
if
you
wanted
to
get
access
that
girl
that
old
garage
space
you
would
enter
it.
So
you
have
two
conflicting
pieces
of
grade
here,
one
going
to
the
south
where
it's
dropping
the
other.
You
can't
quite
see
it
in
this
elevation
if
we
had
a
elevation
looking
to
the
north
you're
competing
against
grade
from
Street
up
to
that.
So
you
have
kind
of
this,
this
southerly
slope
and
then
the
westerly
slope.
G
G
Right
so
we
haven't
brought
in
you
know
the
the
final
civil.
Yet
that's
kind
of
the
next
step
is
how
much
great
change
we've
got
to
do,
but
there
are
those
two
competing
crates
there
and
that
cleans
up
this
site
a
little
bit
from
just
access
standpoint,
as
well
as
kind
of
a
access
standpoint
into
the
home,
the
home,
because
you
can
kind
of
see
that
slope
you
have.
A
G
Haven't
kind
of
gotten
to
that
level
of
detail
at
this
point,
but
I
mean
it
certainly.
Could
we
haven't
prejudiced
that
we've
talked
to
the
neighbors
to
the
South
they're,
fine
with
it
it
had
gone
through
that
before
right.
He
may
that's
what
you
got
the
variance
for.
We
actually
wasn't
us.
It
was
the
prior
owner.
Okay,
so
and
that's
a
that's
a
record
I
believe
in
in
title.
I
G
G
I
G
I
would
certainly
defer
to
you
if
that
was
important
to
you.
I've
come
to
you
really
with
what
we
would
prefer
in
terms
of
a
design
with
our
architect.
But
if
you
said
to
me,
listen
it
doesn't
feel
good
for
us,
for
it
sets
a
precedent
for
some
reason.
I
would
certainly
go
back
and
and
and
give
that
up
so
I
would
I
would
defer
to
your
best
judgment
there,
but
my
preference
would
be
that
you
that's
six
inch
variance.
B
G
And
I,
you
know,
I
respect
what
you
guys
say
there,
but
again
I've
as
we've
looked
at
it
with
the
design
side
and
the
architectural
side.
We
did
want
to
come
back
to
you
and
say:
oh
gosh,
now
we'd
like
to
bump
it
a
little
to
the
south
and
that
North
piece
that
starts
to
narrow,
pretty
quickly
taking
that
beyouty
and
narrowing
up
that
that
space
between
the
main
house
and
the
garage
or
trying
to
protect
that
and
make
that
a
little
more
generous.
A
I'm
not
that
I
met
the
key
child
across
the
street
the
other
day
he
was
out
very
sweet
dog
to
me
it's
a
little
confusing
because
just
looking
through
kind
of
the
carport,
when
I
could
see
your
back
fence,
it
looks
a
lot
closer
than
your
lot.
I'm
just
curious.
If
you
know
the
distance
between
say
the
back
your
house
to
the
back
of
the
lot,
just
approximately
back
like
yeah.
A
If
we
could
go
to
slide
2
I,
don't
know
if
staff
could
help
yeah
so
because
it
sure
doesn't
it'll
look
I
mean
I'm
trying
to
get
a
feel,
because,
when
I
look
at
this,
it
looks
like
there's
quite
a
bit
of
room,
but
when
I'm
looking
at
through
there,
it
looked
like
your
fence.
There
wasn't
that
much
room
from
say
the
back
of
your
house
to
the
back
of
your
fence,
I'm
just
trying
to
get
a
feel
for
what
that
distant
throat.
F
A
A
G
A
D
I
G
Thanks
thanks
for
asking
we've
looked
at
a
five-foot
porch
we've
also
looked
at
some
others.
The
six
foot
gives
it
just
a
little
bit
more
room
for
interaction.
Whether
you
put
a
chair
out
there,
a
couple
of
chairs
if
you're
gonna
go
ahead
and
extend
it
out
and
we
didn't
want
to
go
seven
feet
because
we're
not
gonna
use
it
that
much,
but
the
five
feet
does
constrain
it
a
bit.
So
the
studies
we've
done
really
says
six
feet
is
the
right
distance.
G
There's
actually
a
neighbor
to
the
south
number
of
years
ago
went
through
the
same.
You
know
request
her
porch
actually
is
six
feet,
so
we've
kind
of
gone
to
school
a
little
bit
on
that
there's
another
neighbor
on
the
west
side
of
Emerson
they've
just
completed
their
porch.
They
did
eight
feet
and
again
it's
just
to
kind
of
create
a
little
bit
more
of
an
interaction
space
with
the
front
front
of
the
house.
It's
two
purposes.
One
I
think
is
the
the
weather
piece
where
you
come
up
to
the
house
today.
G
A
E
A
G
E
B
F
I'm
moved
that
case
var
2017
0,
1,
9,
27,
50,
South
Emerson
Street
be
granted
a
variance
for
an
attached
garage
to
encroach
11
feet
into
the
required
25
foot
front
setback
and
the
attached
garage
to
encroach
one
foot
into
the
required
7
foot
setback
additionally
for
27
50
South
Emerson
to
be
granted
a
variance
for
front
porch
to
encroach
six
feet
into
the
required
25
foot
front.
A.
I
I
C
B
I
D
A
D
J
J
A
A
E
A
A
I
can
also
live
with
the
one
foot
on
the
porch,
for
the
simple
sake
that
this
house
is
built,
pretty
close
to
the
front
setback,
that's
why
they
need
the
variance
because,
as
it
is
right
now,
the
house
sits
on
the
front
setback,
so
they
can
go
five
foot
automatically.
They
don't
need
so
they're,
just
seeking
one
more
foot.
It's
a
bigger
lot.
It's
somewhat
of
a
bigger
house.
A
I
think
a
uniqueness
to
each
property
that
has
a
specific
set
of
facts
and
I
in
for
me
and
I.
Think
you
take
that
and
then
to
me
the
thing
that
really
makes
this
unique
and
interesting:
it's
the
19
extra
feet
of
the
right
of
way
because
Emerson
and
it's
it's
a
very
narrow
street,
but
it
is
never
they're,
never
going
to
take
that
right
away.
A
So
you
have
the
city
ditch
to
the
south.
If
you
continue
on
the
south
past
the
city
ditch,
there's
there's
a
bridge,
that's
even
a
dead
end,
so
I
can't
foresee
that
the
city
would
ever
take
all
19
feet
if
anything
for
the
simple
sake,
I
think
it
would
just
be
cost
prohibitive
and
there's
no
need
and
to
me
that
that
is
really
the
interesting
crux
of
this
whole
case,
because
even
though
it
sits
on
the
front
setback,
you
suddenly
have
this
extra
19
feet.
I
A
A
To
me
that
you
know
III
think
that's
the
interesting
part
and
while
I
was
asking
about
the
back
because
originally
I
was
like
I.
What
you
do
is
take
down
the
carport.
You
can
drive
back
put
a
garage
in
back,
even
if
you
had
to
take
down
trees.
I.
Just
don't
think
that
there's
that
much
room
to
really
make
use
of
that.
I
A
A
D
F
A
A
A
B
A
I
I
B
B
Placement
of
the
garage
at
conforming
place
in
the
back
of
the
lot
would
require
significant,
paving
and
cutting
down
trees.
There
is
19
extra
feet
of
right-of-way
on
this
particular
block
and
there's
grading
issues
as
well
with
placement
of
the
garage
at
the
back
of
the
lot
and
as
far
as
the
porch
variance
portion
again,
it's
a
large
lot
and
there's
the
19
extra
feet
of
right
away.
B
Nobody
has
identified
any
issues
with
public
health,
safety
or
welfare,
so
that
criteria
is
met.
It
will
not
permanently
impaired
the
user
development
of
adjacent,
conforming
properties
or
alter
the
essential
character
of
the
neighborhood
to
car
garages
are
typical
in
this
zone
district
in
this
particular
area
of
it
and
it's
single-family,
residences
and
front
porches
are
also
typical
of
these
homes
in
this
area,
and
then
it's
not
a
self-imposed
difficulty
or
hardship.
This
is
enough
situation
that
the
owners
brought
upon
themselves.
C
D
A
I
C
A
Opposed
no
one's
opposed
if
it's
not
we'll,
have
to
revisit
this
and
improve
them
at
the
next
meeting,
when
we
have
a
appropriate
quorum
approvals
of
finding
a
fact
from
case
var,
2017
0,
1
8,
we
have
the
same
issue
to
absent
votes.
Standing
vote.
Do
I,
have
a
motion
to
approve
the
finding
of
fact
so
moved.
Second.