►
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/101072?handle=3947DC4F335840C9A6251742B9072752
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/101071?handle=4A41C78AB8F04116830BA7FD7AEDC81E
1. Chair Finn approved the agenda.
2. Call to Order
3. Approval of Minutes
5. Public Hearing:
Case VAR2020-007 Applicant: Floyd Kontour Property: 4841 S. Jason St. Request: Variance to encroach into the side setback approximately 4 feet to construct an addition to an existing house. Staff Cont...
Case VAR2020-008 Applicant: 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 seco...
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 VAR2020-009 Applicant: Whitney & Ken Cobb Property: 3350 S. Emerson St. Request: A waiver from the requirement that as Short Term Rental be owner occupied for a property in the R-1-C zone dis...
7. Staff's Choice
8. Attorney's Choice
9. Board Member's Choice
10. Adjourn
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/101072?handle=3947DC4F335840C9A6251742B9072752
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/101071?handle=4A41C78AB8F04116830BA7FD7AEDC81E
A
A
A
B
B
B
A
B
F
B
B
B
B
Any
approved
variance
is
effective
at
the
end
of
the
appeal
period.
If
there's
any
building
permits
for
construction
associated
with
an
approved
variants,
they
will
not
be
issued
until
the
appeal
period
is
ended.
Building
permits
must
be
obtained
and
construction
began
within
180
days
of
the
variances
effective
date.
B
B
B
G
C
H
H
H
H
Their
request
is
to
encroach
into
the
side
step
back
by
approximately
four
feet,
to
construct
an
addition
to
an
existing
house,
this
severance
1661.1
of
the
england
municipal
code
to
give
a
little
background
on
this
property.
It
is
located
in
the
r1a
zone
district
on
jason
street,
just
south
of
leighton
kind
of
close
to
bellevue
park.
H
This
property
got
a
variance
to
construct
a,
I
guess,
a
garden
level
style
garage
on
the
back
of
the
property,
which
is
where
the
proposed
variants
would
be
kind
of.
I
guess
a
you
call
a
pop-top
addition
to
this
garage,
that's
already
constructed
so
that
gr,
that
variance
in
1973
was
granted
on
this
property,
and
so
this
variance
would
be
a
proposal
to
basically
keep
that
same
wall
and
just
extend
it
up.
H
H
H
H
As
you
can
see,
the
neighbors
around
didn't
find
any
reason
that
this
would
impair
their
abilities
on
their
properties.
In
addition,
this
with
the
existing
garage
already
set
where
it
is
this
addition
would
not
encroach
into
that
side
setback
anymore
than
the
the
current
the
current
property
has.
In
addition
to
that,
just
as
kind
of
a
note
to
make
sure
it's
said
during
this
meeting
during
the
neighbor
notifications,
the
the
property
owner
had
written
that
this
would
be
for
an
accessory
dwelling
unit.
H
So
you
might
see
that
language
on
there.
This
has
since
been
clarified
with
them
that
the
stone
district
is
prohibited
to
have
accessory
dwelling
units,
so
this
would
merely
be
an
addition
to
the
single
family
house
and
not
an
additional
unit.
If
that
that
makes
sense,
the
final
criteria
is
that
this
is
not
a
self-imposed
difficulty
or
hardship
based
on
where
how
the
current
house
is
already
structured,
as
we've
kind
of
covered
already
the
to
have
to
jog
that
wall
could
lead.
H
B
J
D
A
H
D
H
Yeah,
I
mean
the
reason
why
I
wrote
it
that
way,
you
know
is
as
far
as
kind
of
the
way
our
our
code
treats
structures,
you
know
there's
accessory
structures
and
the
principle
structure
and
since
this
thing
is
attached
to
the
house
currently
that
was
the
reason
I
wrote
it
that
way,
but
I
I
I
see,
I
see
what
you're,
what
you're
meaning
by
it.
If
we
approve
it,
then
it
will.
A
E
K
D
H
Right,
yeah-
and
I
believe
you
know
not
to
not
to
not
just
spoil
your
december
meeting,
but
there
will
be
a
variance
on.
I
believe
that
maybe
the
north
property-
actually,
I
think
it's
the
north
property
that'll
be
coming
for
variance
as
well,
but
yeah
it.
I
think
it
is
pretty
close,
but
I
don't
believe
it's
encroaching
on
this
property.
C
B
B
M
J
B
D
I
was
wondering
a
little
bit
about
the
necessity
to
go
to
the
existing
building
line
about
or
whether
we
didn't
grant
this
to
you,
whether
you
could
still
build
your
edition,
but
it
would
be
within
the
zoning.
In
other
words,
it
would
sit
four
feet
back
from
from
the
existing
line.
Is
that
something
you've
looked
at
and
thought
about?
D
M
L
B
M
L
B
M
B
M
E
H
I
don't
know,
there's
nothing
in
writing.
That
says
that
you
know
the
net
us,
you
know,
assuming
assuming
the
variance
gets
passed.
The
next
step
would
be
for
them
to
apply
for
a
building
permit,
and
so
during
that,
during
that
building
phase,
not
just
for
this
property
but
for
any
properties
or
in
these
single-family
zone
districts.
H
We
make
sure
to
check
for
anything
that
you
know
that
would
allow
this
to
become
an
adu
by
you
know,
simply
closing
a
door
or
you
know
demolishing
a
stairwell
or
something
like
that.
So
no,
there
is
there's
nothing
really
in
writing.
That
says
that
they
won't
build
an
adu,
but
that
would
be
covered
under
the
building
permit.
O
A
B
If
there's
anybody
online,
that
would
like
to
speak
in
opposition,
if
you
could
raise
your
hand
or
signal
me,
and
I
do
not
see
any
of
that
and
so
real
quick
back
to
stuff.
So
if
they
construct
this
and
it's
it's
actually
attached
to
the
house
and
there's
a
walkway
there's,
not
a
question
of
it
being
an
adu.
Is
that
correct
right.
B
B
H
Yeah,
I
mean,
as
far
as
you
know,
just
in
in
general
the
things
that
we
that
we
as
staff
usually
look
for
to
confirm
that
these
aren't
going
to
be
later
on.
Converted
are
things
like
a
full
secondary
kitchen
things
like
a
secondary,
exterior
stairwell
that
doesn't
need
to
go
through
the
primary
structure
to
get
to
the
house,
so
things
like
that
are
the
are
the
big
ones,
but
we
would
also
want
to
make
sure
that
this
is
substantially
attached
to
the
house.
H
So
you
know
as
far
as
the
way
it's
drawn
right
now,
it
seems
like
the
structure
itself
is
probably
you
know
going
to
be
about
half
or
you
know
it
covers
about
half
the
depth
of
the
back
of
the
house,
so
it
would
it
from
the
from
the
you
know,
kind
of
rough
drawings
that
they've
submitted
so
far.
It
seems
like
it
will
be
substantially
attached
to
the
house.
B
D
D
I
I
A
I
L
B
K
B
A
D
F
N
I
think
again
that
since
we
did
have
continued,
you
know
horizontal
line.
This
looks
like
a
vertical
line.
You
know
it's
not
extending
above
the
existing
house.
It's
not
it's
in
the
back
of
the
house,
things
like
that.
So
again,
I
I
feel
more
comfortable
with
this
design,
as
opposed
to
as
you
put
it,
you
know
maybe
trying
to
put
something
you
know
that
might
be
way
taller
than
the
existing
structures
throughout
even
the
entire
neighborhood.
B
D
B
I
I
Okay,
I
vote.
Yes,
I
believe
the
first
criterion
is
met
because
there
is
an
existing
garage
that
has
a
certain
line
and
a
structural
side.
This
would
continue
that
up
and
to
have
a
jog
for
the
addition
above
it
would
be
imposition
of
a
hardship.
Let's
see.
The
second
criterion
is
consistent
with
the
intent
of
the
zone
district.
It's
single-family
homes,
none
of
the
neighbors
expressed
any
concern
about
this,
and
it.
I
F
I
I
B
D
K
B
B
O
B
O
B
B
B
H
H
H
You
know
the
permanent
home
for
him
and
they
can
speak
more
on
that
when
it
comes
to
you
know
whenever
whenever
it
comes
to
questions
with
them,
but
that
is
the
main
reason
for
this
request.
The
second
criterion
is
a
requested
waiver
from
regulations
to
not
weaken
the
general
purpose
of
this
title
or
chapter
oops.
H
Sorry,
I
I
scrolled
past
so
this
property
right
now
is
they
have
a
long-term
tenant
that
occupies
one
of
the
units
they
also
live
about
within
a
mile
of
this
property,
so
the
as
far
as
staff's
opinion,
the
request
of
waiver
from
regulations
will
not
weaken
the
general
purpose
of
this
chapter
they're.
You
know
close
enough
to
the
property
where,
if
any
sort
of
maintenance
or
emergency
concerns
could
happen,
they're
within
a
very
you
know,
a
very
a
very
quick
distance
from
the
property.
H
The
third
criterion
is
that
the
property
owner
will
provide
alternate
effective
means
of
assuring
the
goals.
The
regulations
shot
to
be
waived,
and
such
alternative
means
will
not
alter
the
essential
character.
The
district
in
which
the
str
is
located
so
considering
the
property
owner
is,
you
know,
living
within
a
mile
of
this
property
it
it
kind
of
mitigates
a
lot
of
the
concerns
that
you
know
when
when
this
originally
the
ordinance
was
originally
written
in
february.
H
E
D
H
P
Yes,
good
evening
board
the
short-term
rental
registration
and
application
is
renewable
every
year,
meaning
they
must
renew
their
permit
every
year
as
long
as
this,
the
specific
circumstances
in
this
waiver,
however,
remain
the
same.
They
would
not
need
to
reapply
each
year
for
the
waiver
so
long
as
there
are
no
circumstances
that
change
from
what
the
situation
is
now.
P
So
if
the
applicant
on
the
short
term
rental
registration
changes,
the
waiver
would
essentially
not
remain
because
it's
a
change
of
circumstance,
so
any
new
owner
would
need
to
reapply
if
they
feel
that
they
have
a
situation
that
warrants
this
new
waiver,
but
that
would
be
a
qualifying
situation
where
they
would
have
to
reapply
for
the
waiver,
since
the
current
situation
that
the
cops
are
in
would
no
longer
be
the
situation
at
the
property.
If
that
makes
sense,.
E
B
H
H
P
B
O
A
O
O
B
G
R
R
C
B
R
Okay,
so
so
this
is
a
a
cute
little
house
that
has
was
originally
built
with
a
a
grandmother
kind
of
apartment
downstairs,
but
it
was
built
in
1955.
I
think
it
was
the
original,
so
there's
a
bedroom
and
a
bath
and
a
space
downstairs,
and
so
it
is.
It
was
not
designed
for
this
century's
standards
in
terms
of
what
people
expected
in
terms
of
insulation
and
quiet
between
the
floors,
so
we
have
used
it
for,
for
we
have
a
fan.
R
We
had
a
family
member
living
there
long
term
and
now
actually,
with
the
pandemic
circumstances
and
denver
closing
down
that
family
member
has
moved
and
we're
looking
to
use
that
as
our
office,
because
my
husband
ken
needs
to
be.
He
cannot
be
in
his
downtown
denver
office
for
the
time
being,
but
we've
never
rented
it
or
or
intend
to
rent
it
as.
R
Rental
or
even
a
long-term
rental,
too
much
just
because
it's
not
really
suited
for
that.
It's
low,
it's
cute,
it's
it's
medicaid,
approved
in
terms
of
we
put
any
grass
windows,
but
it's
a
seven
foot
ceiling
without
proper.
You
know
sound
proofing
for
people,
so
it
just
takes.
I
don't
know
how
to
explain
that.
I'm
making
this
too
confusing.
I'm
sorry
yeah.
G
R
Up,
there's
sorry
about
that:
upstairs
is
a
two
bedroom.
You
know
one
bath,
simple,
charming
little
light
house
and
our
object
is
for
our
son
with
multiple
disabilities.
His
primary
diagnosis,
autism,
to
eventually
move
into
this
home
as
his
home
with
a
care
provider
upstairs
and
potential
roommates
downstairs.
That's
how
we
could
kind
of
make
it
work
as
a
financial
model
he's
on
a
wait
list
for
assisted
housing,
because
we
we
saved
for
this,
but
we
don't
have
enough
money
to
buy
this
out
route
right,
so
we
have
a
mortgage.
R
He
he's
too
sensitive.
His
his
association
was
he's
living
at
home
with
us
so
before
the
pandemic.
What
he
was
doing
was
living
coming
over
here
doing
his
therapy
sessions.
He
has
behavior
therapy
and
communication
speech
therapy
and
sometimes
even
some
yoga
over
here,
oh
shh,
so
he
a
couple
of
days
a
week
and
then
we
would
rent
on
the
weekends.
R
That
was
what
we're
that's,
what
we're
hoping
to
do
to
be
able
to
make
enough
money
and
ease
him.
I
mean
what
we're
hoping
was
in
within
two
years.
Is
that
he's
living
here
and
we
won't
be
doing
short-term
rentals
at
all?
Our
long-term
object
is
not
to
rent
this
house
out
as
a
short-term
medal.
This
is
how
we
can
do
a
fiscal
model
that
can
help
him
ease
into
his
new
home
and
get
emotionally
kind
of
connected
and
comfortable
here
over
the
next
several
years
and.
R
R
He
was
doing
two
overnights
a
week
and
he
was
doing
therapy
during
the
day
and
then
we
would
clean
it
up,
rent
it
for
the
weekend
and
then
and
then
he
would
use
it
the
next
week
and
so
what
we've
been
doing
ever
since
all
of
this
you
know
fairly
enough
came
about,
is
renting
it
in
and
not
long
long
term.
But
three
months
stands
one
month.
You
know
two
months
stints
things
like
that.
R
So
that's
how
we've
been
kind
of
making
it
all
work
for
now,
and
so
that
meant
our
program
development
for
him
has
stopped
since
january.
We
stopped
it
so
he
hasn't
been
to
the
house
since
january.
But
what
we're
trying
to
do
he's
a
he's,
a
challenging
guy
and
he
and
his
his
comfort
is
a
as
at
our
home
and
we're
aging
and
especially
him
and.
R
Yeah,
anyway,
our
point
is
that
we're
really
trying
to
help
him
have
a
stable
home
model
that
will
support
him
for
the
rest
of
his
lifetime.
That's
what
that's,
what
we've
really
invested
in
here
and
so-
and
I
guess
you
know
part
of
he's-
always
I
don't
know
he's
a
unique
guy,
so
sometimes
it
takes
us
a
while
to
to
know
what
it
is
he
needs.
R
D
R
You
I
I
think,
he's
a
unique
individual
and
there
isn't
a
housing
model
in
the
state
of
colorado.
Someone
like
our
son
is
supposed
to
live
in
either
a
group
home
or
a
host
home,
which
is
like
your
home.
Like
you
decide
that
you
have
space
to
invite
this
individual
in
and
then
when
you've
decided,
your
life
circumstance
changed.
Then
then
he
would
have
to
move
out
and
what
we
know
is
that
that
he
won't
do
well
under
those
circumstances.
R
He
needs
a
home
that
is
his
home
long
term
for
his
lifetime
in
a
community.
That
is
supportive
for
his
diverse
needs,
and-
and
so
you
know,
we've
been
doing
program
development
across
the
boards
to
help
him
be
integrated
into
his
community
and
be
appropriate
and
a
giver
as
well
as
a
receiver
of
the
benefits
of
being
part
of
englewood,
and-
and
this
has
been
what
we've
evolved
as
a
concept
to
really
protect
him.
When
we
think
about
the
things
that
worry
us,
the
most
it's
his
long-term
support.
E
A
O
R
You
know
he's
a
he's,
a
challenging
guy
and
and
we're
short
staffed
because
of
kobet
so
yeah.
So
it's
kind
of
an
era
that
breaks
all
the
rules,
but
eventually
you're
right
that
he
could
be
owner-occupied,
but
it
wouldn't
be
owner.
It
would
be
sort
of
resident
occupied
and
I've
forgotten.
How
that
all
worked?
I
mean,
I
suppose,
if
you
are
a
renter,
I
don't
know
anyway.
I
won't
go
into
that.
E
Yeah,
I'm
not
asking
you
to
solve
that.
It
just
seems
like.
Essentially,
this
is
an
owner-occupied
property,
because
it's
your
son
and
see
there's
a
vested
interest
there,
and
so
it
just
seems
like
it's
a
drafting
issue
in
the
code
that
it
seems
like
this
shouldn't
require
a
waiver,
because
our
concern
is
that
we
want
someone
there.
That
cares
about
the
property,
and
this
would
certainly
be
that
case.
So.
R
Know
we,
this
is
a.
This
is
a
peculiar
model.
We
have
you
know
when
we
have
therapists,
we
have
I
mean
we
have
people
coming
in
and
out
of
the
house,
all
the
time,
different
people
and
we
wanted
our
neighbors
to
know
what
the
heck
was
going
on,
because
they're
gonna
be
peeking
out
the
window
when
they
see
a
strange
man
pulling
up
and
going
in
and
spending
time.
R
You
know
I
mean
it's
just
an
unusual
circumstance,
so
we've
been
very
forthright
from
the
beginning
with
all
of
our
neighbors
to
help
them
understand
what
our
model
was
and
and
so
that,
if
any
questions
or
concerns,
I
mean
we
passed
our
phone
number
or
an
email
so
that
if
we
they
had
any
concerns
that
they
would
contact
us,
because
we
want
to
be
good
neighbors
and
we
want
them
to
be
welcoming
of
a
julian
and
we
want
them
to
we
walk.
We
have
a
very
diverse
staff.
Well,.
G
R
He's
on
a
waitlist
for
supported
housing,
supported
housing,
so
kind
of
it
used
to
be
called
section.
Eight
and
I've
been
all.
I
forgot,
what
the
name
of
it
right
now,
but
he's
in
a
special
one
for
developmentally
disabled
adults
and
and-
and
it
is
it's
it's
a
little-
it's
a
little
uncomfortable.
It
is
there's
a.
There
are
a
certain
number
of
spots
and
people
have
to
not
need
that
housing
for
the
spots
to
open
up
so
he's
like
number
eight
on
there,
but
that
could
be
it.
People
either
have
to.
R
B
R
R
Is
that
he's
not
he's
really
not
eligible
he's
not
eligible
for
apartments
or
condos,
or
a
lot
of
the
the
common
housing
because
of
a
lot
of
the
challenging
behaviors
he
has
so
he
can't
go
to
the
marks,
or
you
know
some
of
these
other
opportunities
that
some
individuals
can
really
take
advantage
of.
So
we've
been
assured
that
there'd
be
no
problem
with
that
that
they
they
actually
ex
they're,
actually
pleased
that
we
have
a
model
in
which
he
can
be
supported
long
term
in
the
county.
R
E
So
I
think
going
we
talked
a
little
bit
about
putting
a
condition
on
this
so
that
at
some
point
you
might
have
to
come
back
to
us
for
a
waiver,
and
I
realized
that
the
future
is
really
uncertain
and
it's
it's
crazy
times.
Right
now
and
that's
sort
of
sidetracked.
You
know
the
progress
you
were
making,
but
how
long
do
you
think
this
process
is
I
mean
if
we
were
to
look
at
having
you
come
back
in
three
years
or
five
years?
Is
this
a?
R
L
R
So
this
the
answer
is
we're
fine
with
coming
back
any
way.
You
want
us
to
come
back
and
explain
how
things
are
progressing.
We
don't
have
any
problem
with
that
and
what
we're
I
would
say,
I'm
hoping
within
three
years.
He
is
here
50
or
more
minimum
and
within
five
years
I'm
hoping
this
is
his
primary
home
question.
Does
that
answer
your
question?
Yeah.
B
B
B
B
A
B
N
B
N
O
Q
D
O
O
E
B
B
B
A
B
Because
always
in
my
mind,
I
I
pictured
a
short-term
rental
that
was
right
by
the
hospital
and
patients
were
using
it.
This
is
a
little
different
of
a
medical
exclusion,
but
I
think
it
fits,
but
I
think
it
is
something
that
needs
I
I
don't
want
to
be.
Writing
a
blank
check,
because,
although
the
cobs
seem
very
nice,
there's
also
a
nigerian
prince
that
always
emails
me
about
exchanging
money.
D
E
Sorry
can
I
just
say
one
thing,
I'm
hoping
to
in
the
two
years
that
there
could
be
a
change
to
the
ordinance
to
address
this
type
of
situation,
because
it
does
seem
to
me.
It
essentially
is
an
owner-occupied
property.
So
if
we
could
expand
that
definition
of
what
owner
occupied
to
immediate
family
members,
because
I
could
see
you
know
if
I
had
an
18
year
old
child
that
had
just
graduated
high
school,
I
wouldn't
want
to
put
them
on
title
either.
But,
but
I
want
them
to
be
able
to.
E
E
D
D
E
B
B
C
B
F
I
Special
circumstances
or
conditions
peculiar
to
the
specific,
short-term
rental
or
property
owner
exists
that
do
not
apply
generally
to
all
short-term
rental
businesses
or
enterprises.
That's
matt.
This
is
clearly
a
unique
circumstance,
as
set
up
where
their
son
can
transition
into
independent
living
and
the
property
is
otherwise
used
in
a
way
that
generates
income
transition.
I
N
I
Unique
the
second
criterion
is
that
the
requested
short-term
rental
waiver
will
not
weaken
the
general
purposes
of
title
5
chapter
31.
We
didn't
hear
any
testimony
that
would
suggest
it
would
weaken
the
general
purposes
that
this
is
a
limited
exception
to
the
owner-occupied,
short-term
rental
rule.
Third,.
K
I
voted
yes
for
the
recent
stated
that
there
are
indeed
special
circumstances
that
do
exist
here
and
that
this
is
also
related
to
the
second
criterion
that
this
is
something
that's
only
considered
to
be
a
short-term
need
to
transition
to.
Hopefully
what
is
a
long-term
use
as
a
long-term
rental,
so
that
criterion
is
also
met
and
that,
as
ms
schmitz
mentioned,
the
other
criterion
apply
as
well.
E
I
voted
yes
well
for
the
reasons
that
were
so
well
stated
by
ms
schmitz.
I
would
also
add
that
our
condition
that
the
waiver
only
lasts
for
two
years,
I
think,
supports
each
of
the
criterion
and
that
this
is
a
unique
circumstance
that,
hopefully,
you
know,
won't
exist
forever
and
that
that,
by
having
the
cops
come
back
in
two
years,
we're
seeking
not
to
weaken
the
general
purposes
of
the
title
of
title
v:
chapter
31
and
by
having
it
only
be
two
years.