City of Englewood, Colorado Board of Adjustment and Appeals, 9 Nov 2022

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From YouTube: Board of Adjustment and Appeals Meeting November 9, 2022

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Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149297?handle=D9C2331ABA4F441590A8E1221F9EE7B4
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149296?handle=82BF986D9E9A48D29122032597FED63B

1. Call to Order

The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:10 pm by teleconference. Chair Finn stated there were six members present; therefore, five affirmative vot...

2. Approval of Minutes

3. Approval of Findings of Fact

4. Public Hearing:

Case VAR2022- 005 ( Continued Hearing from October 12, 2022) Applicant: Sam Baxter Property: 3880 S. Bannock St.

5. Staff's Choice

6. Attorney's Choice

7. Board Member's Choice

8. Adjourn

The meeting was adjourned at 7:17 pm.

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/149297?handle=D9C2331ABA4F441590A8E1221F9EE7B4
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/149296?handle=82BF986D9E9A48D29122032597FED63B

A

B

A

You can I'm glad you can hear me, okay for some reason. I was in a meeting earlier this week and my volume wasn't working so I just wanted to test that out.

C

Hey Shelly, how many uh board members are supposed to be here this evening.

D

A

Justin said she's running a few minutes late, but she.

B

Was going to be.

D

Here as well, and also.

B

C

Okay, so we'll wait a couple more minutes.

C

And shall I did we get uh their posting? The certification of the posting.

D

To check back with him and receive that so yeah I.

A

Emailed him yesterday, but hadn't heard anything back yet: okay,.

C

C

Kristen, how are you when is your last meeting, Kristen I.

D

Think it's December. Okay,.

C

You're breaking our hearts, you're breaking our.

D

Hearts I will miss you all.

C

I expect you just to join in just from the gallery to ask questions that we don't ever ask just to keep. You know, throwing in input sure.

D

I'll show up just for public comments. Yes,.

C

So I think we're missing still one more.

D

And the applicants.

C

Maybe they've just decided not to come.

A

B

A

Send them the link- and he responded with a thank you. So I was totally expecting him to come. So What.

C

By chance, if they don't show up, we I mean I'm assuming we'd proceed anyway, and we just don't have their input or do they have to be here.

A

um You might want to I'm a punt to Victoria, but um I I think it is tabled. Okay,.

D

That's right and we need to give them their due process rates.

C

Well, when they're due process B that we're holding the meeting.

D

They are, but we need.

B

D

C

An opportunity to respond.

D

We would want to proceed without them. Doing that I see that you're laughing.

C

Just just saying I think they're, just getting us back for canceling last time, I think they're going to show up late.

E

It's like having a court date and not showing up.

C

But at times, if you don't show up, you can be ruled against. That's.

E

True but again, that's why you held quartet you're supposed to speak for yourself.

E

I, don't know, I'd rely on an attorney for that.

E

Does this look like the face of someone that has been in court no.

C

Not at all, not at all.

E

There is a benefit to looking like this. If you get on an airplane and you sit down and it's full flight there's a chance that no one sits next to you.

C

But that's only a chance.

E

It's a pretty good chance.

E

Southwest announces full flight and, amazingly between me, I sit on the aisle and the window seat. There's nobody. There.

C

But you always run the risk of then, like everyone will bypass you, but then it's a full flight and you get stuck with someone that is the last person on the flight. You do yeah, it's.

E

A gamble I'll take that risk. Welcome, Southwest, it's you're getting.

C

E

C

um So I guess uh we will keep hanging out at what point do we table this? If they don't show up.

D

I mean you get to like 7 10. I think that's pretty reasonable.

E

D

E

Input when I chimed in I had to do a zoom update, so thank God I actually tried to chime in early.

C

And Victoria, usually what happens if uh the applicant doesn't show up? We all end up at a bar and then the City attorney pays so remote.

B

C

I know so we'll have to just take a rain check on that and.

B

Then I don't know that we need to take the rain check. We just need to decide where we're going. Yeah.

D

Well, I'm walking distance to the Grand I'm open for that.

C

Oh, my God, the grand is awesome.

B

For you know first dibs you got it, but it's all meat there, foreign.

E

I think you can back me up on that.

A

It's been two years I.

C

See it's it's gone on forever. We next time we'll just all go to the Grand and we can get on Zoom from there hey there.

E

C

E

Sure that's legal.

C

And we have an attorney, so that's.

D

You can address it just just screen too.

C

That would be I would almost do that just so, we can all have a bit on screen.

D

If we're all drinking.

D

Let's see that would be ideal.

B

C

A built-in appeal see I mean no. What other board could offer that.

E

I'm sure we wouldn't be a board for very long.

C

It's a bad thing.

E

C

E

C

I'm just saying: where are the fence variances, that we used to always make fun of.

D

C

D

What, when did we.

B

Do that I showed up I think when I showed up, they quit happening. Yeah.

C

You haven't had any well the last one I remember. There was one that we had that backed up to Broadway and she had built like a eight foot fence.

B

D

Oh, the over tall fence.

C

Yeah she she took the approach of uh asking forgiveness rather than permission.

D

Yeah I've seen some fences around town that are clearly uh second thought: cut, cut lover, yeah.

E

I know in my neighborhood um one that backs up to uh secondary street, but still pretty so, he built a berm up and.

C

E

Yeah yep then put the fence up.

D

Oh I think that that would be okay right and.

C

It to the latter, I think it if it's built up I think it did it. It you're right there on the line. It.

E

Depends on where you measure the height from.

D

E

D

B

Are not nearly as particular about that as Denver Denver has the original grade and you're going to use those averages at the front step back wow.

D

You can't make your own grade no.

B

um Then I have one professionally that they put the fence up, but it's like security fence about eight inches above the grates that everybody can crawl under it.

C

See I look forward to my Memoir of Englewood board after dark and I can relate all these stories.

C

um All right so uh we're at 7 10.. How do we do I need to open the meeting and then, if they're still not here table it? Is that how we need to play this yeah.

D

I think it would be best.

D

It's called meeting they weren't here. Okay,.

C

So we'll go ahead, uh so I'm assuming we can go ahead and like do the approval of minutes, approval, finding a fact uh we'll table the actual case, and then we can just run through staff's Choice City attorney board's choice. Is that all right, all right so um I, will call I would call the uh Inglewood Board of adjustments and appeals meeting to order miss work. If you could, please um call the roll IE.

D

B

Sorry Miss.

A

Mitch Schmitz here Mr rigger, Miss, Hoffman, yeah Mr.

B

E

D

B

D

Mr Friesen.

D

B

C

Here so um there are six members present. Therefore uh we would need five affirmative votes to that are required to Grant a variance or appeal.

C

However, um currently the applicant is not in the meeting, so we will um hold the meeting over hold the applicant over until uh next month and table that we will go ahead and have the approval of minutes so I uh approval of minutes from September 14th 2022, we'll just do a Voice vote. I was not here. I was in Yellowstone, so I will abstain, uh but all those in favor of approving that say I.

D

C

B

Need a motion: oh.

C

Yeah, we probably need a motion. That's a good, see I'm trying to just below through this. Thank you Mr Taylor. Is there a motion? I.

D

Moved to approve the minutes from last month, perfect.

C

Is there a second second all right? So let now we'll do a Voice vote. I'm going to abstain. I was not here.

D

C

Okay, we have two abstentions, and that gives us four, which I think we're still good, so um uh Voice vote of approval of minutes from September 14th 2020, all those in favor say aye aye any opposed all right. So the approval of minutes passes I need a motion for the approval of finding a fact for case VAR 2022-006.

B

D

C

Perfect, uh we have a motion in a second we're going to have two abstentions. Again, um we'll do a Voice vote. All those in favor say aye aye any opposed. None are opposed. So the uh that motion passes approval of finding a fact. The current case, which is.

E

Pull up if you need it, yeah.

C

I'm I'm scrolling down it's just taking me.

B

For var2022-005, perfect.

C

So the current case we will table until next month, since the applicant is not present um staff's choice staff. What do we have obviously.

A

A motion to table.

C

Oh, do I need a motion to table. Yes, all right, uh so I uh I need a motion to table this case and we will hold it over for no uh December.

D

C

Their second second.

B

C

Right, we'll do uh just a Voice vote, all those in favor say aye aye aye any opposed, no opposition, all right. So we will. This uh case will be held over case uh VAR 2022005 until December, at which time um hopefully the applicant will be present um uh so uh Steph's choice staff. Do we have anything next month? Besides, uh possibly this case.

A

uh This is the only one I'm aware of.

D

We do we have the waiver stair waiver. Oh.

A

We got another one of those. Oh I'm. Sorry, that's right! We got the the renewal waiver yeah! Okay! Thank you all.

C

Right so we possibly have two cases: um city, attorney's, Choice, Miss McDermott. Do you have anything for us other than perhaps the uh the debt which you will repay in the future? That we've talked about.

A

Just stop nothing else. Nothing further perfect.

C

um Board Choice: do we have anything, um that's with great sadness. I believe in December will be uh Kristen's last meeting with us. So um do we need to vote.

B

C

I think we should I think we should vote um all opposed I um I. Would uh we will see you in December, but um just in case which crazy things happen? I want to thank you for uh your time and your service to this board. uh Spending time with you is always awesome. You had great Insight. You will be, sadly missed I'm. Sorry to see you go.

D

Thank you very much. It's been a pleasure serving and I will miss all of you as well.

C

But we will meet you at the Grand all.

D

C

All right, um since we don't have anything, we will adjourn and possibly see everyone in December, I. Think uh thanks, everyone for your time. Sorry, we'll see you next month.

E

And a great Thanksgiving, yes,.

C

Happy Thanksgiving wow.

E

Yes, Happy Thanksgiving see.

D