►
From YouTube: Board of Adjustment and Appeals Meeting December 9, 2020
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/102237?handle=82063B7EE2344C65BD3E57907356DEEA
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/102236?handle=98B2F365D3414EDEB04FA78BD2FEA7D3
1. Chair Finn approved the agenda.
2. Call to Order
3. Approval of Minutes
4. Approval of Findings of Fact
5. Public Hearing:
Case VAR2020-008 Applicants: Jason & Stacey Colson Property: 2925 S. Bannock St. Request: Variance to encroach into the side setback by up to 3.1 feet, and the bulk plane by up to 4 feet for a sec...
Due to COVID-19, the public hearing will be held virtually. Anyone interested in speaking in favor or against the variance, please call 303.762.2342 or email commdev@englewoodco.gov 24 hours prior to ...
Case VAR2020-011 Applicants: Eric & Jane Altman Property: 2880 S. Corona St. Request: Variance for an existing structure to encroach the rear setback by 14 feet. Staff Contact: Will Charles, Plann...
7. Staff's Choice
8. Attorney's Choice
9. Board Member's Choice
10. Adjourn
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/102237?handle=82063B7EE2344C65BD3E57907356DEEA
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/102236?handle=98B2F365D3414EDEB04FA78BD2FEA7D3
A
A
A
E
A
A
F
A
H
D
F
F
G
D
F
I
I
D
I
A
I
B
I
I
All
right,
so
there
are
five
members
present.
Therefore,
four
affirmative
votes
votes
are
required
to
grant
a
variance
or
appeal.
The
board
is
authorized
to
grant
or
deny
a
variance
by
part,
3
section
60
of
the
englewood
city
charter.
Anyone
aggrieved
by
a
decision
rendered
by
this
board
may
appeal
that
decision
to
a
court
of
record.
However,
such
appeal
must
be
made
within
30
days
of
the
board's
decision.
I
Any
approved
variants
is
effective
at
the
end
of
the
appeal
period.
Building
permits
for
construction
associated
with
an
approved
variance
must
will
not
be
issued
until
the
appeal
period
is
ended.
Building
permits
may
be
obtained
in
construction
begin
within
180
days
of
the
variance
effective
date
procedure
for
the
meeting
is
that
a
case
will
be
introduced.
An
overview
will
be
given
by
staff.
I
I
I
E
That
cool
sounds
good
all
right.
So,
as
stated,
the
first
item
on
the
agenda
is
var
2020-008.
This
is
for
2925
south
bannock
street.
The
applicants
are
requesting
two
variances,
one
is
a
side
setback
by
up
to
3.1
feet
and
then
a
bulk
plane
variance
for
up
to
four
feet.
For
the
second
story,
addition
to
an
existing
house,
this
is
a
variance
disabled.
E
What
the
applicants
are
requesting
is
a
variance
to
add
an
a
in
addition
to
the
top
of
their
home,
a
pop
top
edition
to
keep
a
consistent
side
setback
line
with
the
existing
structure
because
of
the
location
of
this
house
to
the
side,
property
line,
they're
requesting
basically
a
comparable
bulk
plane
variants,
along
with
the
side
setback
variants.
So
the
intent
being
that
you
know
if
this
house
was
pushed
further
away
to
where
the
current
setback
is,
it
would
meet
that
same
bulk
plane,
if
that,
if
that
makes
sense,.
E
Go
ahead
and
go
over
to
their
elevations.
So
as
far
as
the
four
criteria
that
this
variance
needs
to
meet,
the
first
criteria
is
unique.
Physical
condition
exists
such
as
size,
shape,
location,
topography
or
surroundings,
which
are
peculiar
to
the
land
or
structure
involved,
which
deprive
the
applicant
of
privilege
is
enjoyed
by
other
properties
in
the
vicinity.
E
E
The
third
criterion
is
that
the
variants
will
not
impair
or
permanently
impair
the
user,
development
of
adjacent
conforming
properties
or
alter
the
essential
character
of
the
neighborhood.
This
neighborhood
has
ranging
from
single-family
homes
to
new
construction
multi-family
homes,
including
the
one
directly
adjacent
to
this
property.
E
This
current
or
the
proposal
would
not
encroach
further
than
what
is
con
currently
constructed
on
the
property
as
well.
The
neighbor
was
able
to
acquire
three
neighbor
notifications
and
then,
as
far
as
the
property
directly
to
the
north
of
it
last
checking,
is
not
currently
sold.
So
there
is
no
there's
no
owner
of
that
one.
It
is
still,
I
believe,
I
believe,
under
construction
or
recently
completed,
and
the
you
know
should
probably
clarify
that
all
more
than
I
can.
E
A
E
E
B
E
Yeah
so
as
as
measured
on
the
drawings
they
provided
it,
it
looks
like
the
the
bulk
plane
as
drawn
would
encroach
about
probably
probably
more
or
less
about
3.1
feet.
The
four
feet
was
written
more
just
to
give
them
a
little
bit
of
buffer,
so
they
don't
come
back.
If
it
was,
you
know,
half
an
inch
or
something
into
that
allotment,
but
yeah
I
mean
as
far
as
the
as
far
as
the
bulk
plane
goes.
You
know
at
that
45
degree
angle.
E
E
Yeah,
so
so
the
house
currently
or
the
house
currently
is
three
feet
into
the
side:
setback
so
meaning
that
the
house
is
going
to
meet
that
bulk
plane
three
feet
closer
than
where
it
normally
would
right.
So
the
point
at
which
the
bulk
plane
meets
the
house
that
the
current
house
is
19
feet
high,
whereas
where
it
would
meet
with
the
exist
with
a
with
a
5
foot,
setback
would
be
22
feet.
E
I
I
would
be
hard-pressed
to
think
that
the
back
portion,
the
second
story
and
I
have
a
picture
of
the
of
the
existing
house-
I
can
pull
up.
I
didn't
get
to
that
slide.
Let
me
share
my
screen
one
more
time
for
you,
so
the
so
the
back
portion
of
the
house,
I
think,
would
be
hard-pressed
to
have
met
that
bulk
plane,
but
it
it
certainly
it
certainly
could
I
didn't.
I
didn't
look
into
that
too
much,
but
I
would
think
it
would.
It
would
be
in
the
bulk
plane.
B
E
The
existing
condition
it
looks
like
it
maybe
has
a
couple
of
inches
there
is.
There
are
two
roof
overhangs
that
project
over
it.
The
applicants
again
might
be
able
to
be
a
little
more
precise
than
I
am
on
that,
but
there
they
are
roof
overhangs
and,
as
far
as
through
favorite
hangs,
go
they're
allowed
projections
into
those
setbacks
at
four
inches
per
foot,
so
that
would
be
enforced
as
far
as
our
our
building
permit.
D
D
J
J
I
J
He's
got
a
a
little
bit
different.
The
way
that
it
comes
up
is,
it
goes
over
on.
The
other
side
is
what
I
you
know.
This
has
been
a
year
since
we've
sat
down
with
the
architect
and
the
engineer,
but
I
thought
that
the
roof
line
followed
the
same
roof
line
on
the
north
side,
but
on
the
south
side
was
different,
but
I
may
be
inaccurate
on
that.
J
H
J
D
A
J
J
I
J
J
We're
just
we're
going
we're
not
constructing
new
house.
That
would
be
you
know
three
or
whatever
feet
over
to
the
south.
That
would
make
no
sense
for
the
front
of
the
house
to
be
three
foot
to
the
south,
whereas
the
back
the
two-story
existing
edition
would
still
carry
that
same
property
on
it
or
that
same
variant.
Does
that
make
sense.
J
A
I
A
I
I
E
E
You
know-
and
I
well
while
y'all
were
commenting
on
you
know-
are
asking
questions
about
the
bulk
plate.
I
did
a
little
more
measuring
on
this
elevation
picture
so
where
you
know
where
the
house
is
currently,
it
looks
like
they
have
their
level
two
on
this
starting
at
112
feet
one
inch
which
would
put
it
where
in
the
amount
of
space
they
would
need
between.
You
know,
to
get
to
the
ceiling
and
then
the
roof,
and
then
you
know
all
the
shingles
and
everything
like
that.
Seven
feet
11
inches.
E
I
F
I
E
I
E
E
F
F
F
F
F
A
Variance
for
the
height
to
state
specifically
cannot
go
higher
than
the
building
behind
it,
and
then
I'd
be
okay
with
leaving
it
that
way,
because
it
does
continue
the
same
planes.
If
it's
just
an
open
blanket.
That's
then
a
foot
tower.
I
don't
really
want
to
see
that,
so
I
would
probably
want
to
change
that
wording.
A
little
bit.
D
F
I
A
I
G
G
B
I
I
I
D
H
I
H
D
H
D
I
F
I
vote
yes,
let's
see,
let's
look
at
the
first
criterion
that
unique
physical
conditions
exist,
such
as
size,
shape,
location,
topography
or
surroundings
peculiar
to
the
lander
structure
involved
in
this
case,
there's
an
existing
building
that
was
with
encroached
into
the
side
setback
before
there
were
side
setback
rules
that
would
have
prohibited
that
and
the
addition
continues
the
structure
upwards
along
that
same
line.
Otherwise
it
would
require
inset
on
that
second
floor,
that
didn't
match
the
existing
building,
so
that
criterion.
H
A
F
F
D
G
I
I
E
E
E
E
E
Additionally,
this
garage
was
also
constructed
with
a
variance
that
was
done.
I
don't
have
the
number
in
front
of
me,
but
a
variance
that
was
done
recently
to
go
over
the
1084
or
the
1000
square
foot
maximum
for
garages
on
a
property
that
variance
was
approved
by
the
board
of
adjustment
appeals
additionally,
and
the
applicant
probably
can
go
into
this
more
once
we
get
to
them,
but
the
460
square,
foot
historical
or
you
know
original
portion
of
the
garage
when
the
original
owners
were
remodeling
and
adding
on
to
the
primary
house.
E
They
used
it
as
a
sort
of
pseudo
external
living
area
for
the
property.
So
there
was,
you
know:
water,
sewer,
electricity,
all
that
already
tapped
into
this
460
square
foot
section
from
there.
It's
been
used
from
various
things
from
storage
to
garage
to
to
a
what's
currently,
I
believe,
a
one
kind
of
a
one
bedroom
legal
non-conforming,
little
addition
into
the
garage
from
there.
What
the
applicants
are
proposing
is
to
construct
an
addition
that
would
connect
the
primary
house
to
this.
E
What
that
will
do,
though,
is
that
the
existing
garage
which
does
meet
the
garage
setbacks
for
detached
garages
will
now
become
part
of
the
principal
structure,
thus
pushing
the
existing
garage
14
foot
into
this
new
20-foot
setback.
So
no
portions
of
this
edition,
they're
proposing,
are
going
to
be
encroaching
any
of
the
setbacks.
It's
purely
the
existing
part
that
would
now
be
hitting
a
new
setback.
E
The
historical
portion
of
the
garage
is
currently
being
used
as
a
legal
non-conforming
bedroom
bathroom,
as
I
mentioned
before,
the
variance
would
allow
the
owner
to
connect
this
bedroom
to
the
home
and
eliminate
a
non-conformity
that
we
have
in
the
city.
The
proposed
change
will
also
allow
for
the
owner
to
maximize
the
potential
of
the
existing
structures
on
the
property.
E
E
Second
criterion
is
that
the
variance
is
consistent
with
the
intent
of
the
zone
district
regulations,
secure
public
health
safety
and
welfare.
This
variance
of
grant
would
not
create
any
health,
public
health
safety
or
welfare
issues.
That
staff
could
find
third
criteria
being
that
the
variants
will
not
permanently
impair
the
user
development
of
adjacent
conforming
properties
or
alter
the
essential
character
of
the
neighborhood.
E
This
neighborhood
is
composed
of
single-family
residences,
and
this
proposed
addition
would
not
impair
current
or
future
properties.
Additionally,
eight
neighbor
notifications
were
submitted
from
a
large
number
of
the
the
neighboring
properties,
or
maybe
their
seventh.
From
my
from
my
new
county
up
there.
I
believe
there
was
eight,
though
additionally,
the
fourth
criterion
is
that
a
the
variance
is
not
a
self-imposed
difficulty
or
hardship.
G
Well,
I
do
have
a
question,
so
I'm
sorry
the
drawing
just
came
back
off,
but
oh,
no,
that's,
okay!
So
as
it
stands
right
now,
the
detached
garage
actually
meets
the
setbacks
correct.
It
meets
the
setbacks
for
a
detached
garage
for
a
detached
garage.
So
what
you're
saying
is
is
having
them
combine
the
two
which,
by
the
way
it
appears
as
though
the
new
edition
doesn't,
I
guess,
encroach
on
those
20-foot
setbacks
correct,
but
it's
only
because
it's
changing
kind
of,
I
guess
definition
that
now
the
attached
garage
encroaches.
E
H
I
D
E
Yeah,
let
me
go
back
on
this,
so
if
you
can
see
between
the
five
kind
of
green
rectangles
of
the
neighbor
notifications
on
the
north
and
the
yellow
rectangle,
which
is
the
the
house
in
question
to
the
south,
that
portion
in
between
is
there
is
their
alley,
and
I
do
have
a
picture
I
believe,
of
the
property.
You
can
kind
of
see
it
on
the
left
side
of
this.
I
E
E
And
no
the
same,
the
same
setback
issue
would
be
there.
You
know
the
the
main
difference
that
this
alley
makes
is
that
you
know
right
now.
This
garage
is
the
size
where
you
know
forgetting
that
it
has.
You
know
this
living
space
in
there.
If
you
were
going
to
construct
a
garage
of
this
size,
it'd
be
about
a
five-car
garage
right
with
about
a
20-foot
depth
and
then
somewhere
around
a
50-foot
width.
E
So
if
you
had
an
alley
running
along
the
back
side
of
the
property,
you'd
probably
put
that
50
feet
of
width
running
kind
of
parallel
with
the
with
the
alley,
but
because
this
alley's
on
the
side,
you
know
to
get
the
doors
you
gotta
face
it
perpendicular
to
the
to
the
rear
of
the
property,
which
means
that
this
garage
is
now
getting
closer
to
the
to
the
house
than
a
normal
garage
would,
if
that
makes
sense,
but
the
main
the
main
part
is.
You
know
that
kind
of
makes
it
unique.
B
E
E
I
C
I
C
Not
really,
I
think
you've
heard
it.
We,
we
love
our
little
house.
It
was
shocking
to
see
the
image
that
was
just
put
up.
That's
how
we
bought
it
and
it
looks
very
different.
Now,
we've
we've
made
a
almost
a
pastime
out
of
working
on
our
house,
so
we're
hoping
you'll
you'll
agree
with
us
and
we
can
move
forward.
C
Yeah
we
had
a
few
thoughts,
but
for
the
cost
that
it
would
run
to
do
other
options.
We
decided
this
was
really
the
best
and
we
really
like
the
scale
of
our
home.
We
don't
want
to
change
that
feel
about
it.
It
was
built
originally
as
it's
a
pretty
small
house
1200
square
feet,
and
we
don't
want
to
change
that
and
make
it
do
any
inappropriate
or
what
we
feel
is
inappropriate
out
of
scope,
changes
to
it.
A
A
A
C
C
C
C
I
C
C
It's
a
whole
lot
that
we're
going
to
do
to
make
this
plan
come
into
you
know
into
reality,
but
it
really
enormously
improves.
You
know
it
improves
our
home,
but
we
again
we
didn't
think
about
that.
Originally
it
just
didn't.
We
couldn't
figure
out
how
you
would
connect
the
two
up,
thank
god
for
a
good
architect.
A
C
I
D
I
E
You
know
and
kind
of
limits,
the
locations
of
which
you
can
do
these
additions,
and
you
know
kind
of
meet
that
goal
right,
because
you
know
I'm
sure
part
of
the
goal
is
to
not
have
to
walk
out
in
the
weather
to
get
to
a
different
living
space
and
whether
you
attach
that
where
they
have
it
proposed
or
whether
you
attach
it
somewhere
else
on
the
property
it
doesn't,
it
doesn't
make
a
difference
to
the
to
the
issue
of
this
of
the
setback
problem.
So
that'd
be
my
only
addition
to
it,
but.
I
B
A
This
is
one
piece
of
the
code
that
has
bothered
me
for
quite
a
while.
I
actually
tried
to
attach
a
house
to
a
garage
with
just
a
freeze
way
and
ran
into
the
same
code
item.
I've
told
the
flying
department
here
recently
as
they're
looking
at
zoning,
that
the
goal
of
of
this
is
to
not
have
a
residence.
A
So
far
back
on
the
building,
I
mean
on
the
site
and
if
you
attach
it,
it's
not
any
closer
to
the
back
of
the
property,
the
residential
party,
so
they
ought
to
do
the
garage
and
the
residents
separately,
even
if
they're
attached-
and
that
was
kind
of,
I
asked
the
question
about
how
far
back
this
existing
garage.
You
know
how
much
of
its
resonance
I
mean
the
residential
part's,
still
25
30
feet
from
the
back
right.
It
makes.
G
A
lot
of
sense
too,
and
I
agree
with
will
too-
and
you
randy
in
the
sense
that
I
think
this
property
being
at
the
corner,
that
it
is
and
where
the
alley
is
located.
For
instance,
you
know
I
have
a
garage
in
the
back
of
my
in
my
backyard,
but
it's
25
feet
away.
I
mean
in
order
for
me
to
kind
of
join
the
two
together.
It
would
be
a
huge
undertaking.
I
mean,
I
think,
this
property
kind
of
caters
itself
to
that
angle.
G
B
D
I
B
Yeah
I
mean
the
the
original
structure
there
on
the
lot
that
is
now
attached
to
the
garage
and
you
wouldn't.
You
could
have
built
a
garage
on
that
lot.
But
if
that
structure
wasn't
there
it's
kind
of
all
these
ifs,
but
that
original
structure,
the
location
of
it's
kind
of
the
linchpin
of
how
it's
not
self-imposed.
That
was
there
and
then
that
informed
where
the
garage
had
to
go.
A
I
A
A
A
The
third
criterion
is
the
experience
will
not
permanently
impair
the
use
of
the
development
of
adjacent
conforming
properties
or
alter
the
essential
character
of
the
neighborhood,
and
you
know
I
believe
it
will
do
that
it
fits
together
with
what's
already
there.
The
fourth
criterion
is,
the
variance
is
not
a
self-imposed
difficulty
or
hardship,
and
I
would
argue
that,
with
the
existing
part
of
the
garage
already
being
residential,
that's
not
really
a
self-imposed
difficulty.
E
E
H
D
I
A
I
June
yeah,
that's
can't
get
here
soon
enough,
all
right!
Well,
I
hope
everyone
has
a
wonderful
holiday
season
and
it
gets
to
enjoy
friends
and
family
from
a
distance
and
is
safe
and
healthy,
and
we
will
see
everyone
in
january.
I
appreciate
again
everyone's
time
and
volunteering
for
this
board
and
everyone's
discussion,
and
especially
staff's
work
and
dugan,
putting
up
with
us
so
and.