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From YouTube: Board of Adjustment and Appeals 14 Nov 2018
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/58862?handle=0BF2B88D5F38456DACE56047BF0CCBF8
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/58861?handle=A7765ED9279D49D89B323CCC74F94966
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 seven mem...
2. Public Hearing:
Case VAR2018-011 Applicant: Adam Berger Property: 2858 & 2862 S. Delaware St. Chair Finn opened the public hearing stating he had proof of posing and publications for the case. He introduced the c...
THAT CASE VAR2018-011 BE GRANTED A VARIANCE TO ENCROACH 8 FEET INTO THE 25 FOOT FRONT SETBACK FOR THE CONSTRUCTION OF A DUPLEX IN THE R-2-B ZONE DISTRICT. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE E...
3. Approval of Minutes
It was requested by the Board to confirm for case VAR2018-009 that the property owner did provide on file the completed Certification of Posting in order to proceed with the approved variance request.
4. Approval of Findings of Fact
APPROVE THE FINDINGS OF FACT FOR CASE VAR2018-009 3969 S. BANNOCK ST.
5. Staff's Choice
6. Attorney's Choice
7. Board Member's Choice
8. Adjourn
The meeting was adjourned at 7:35 PM.
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/58862?handle=0BF2B88D5F38456DACE56047BF0CCBF8
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/58861?handle=A7765ED9279D49D89B323CCC74F94966
A
C
D
B
A
There
are
seven
members
present
there.
Four
or
five
affirmative
votes
are
required
to
grant
a
variance
or
appeal,
or
it
is
authorized
to
grant
or
deny
a
variance
by
part
three
section
60
of
the
England
City
Charter.
Anyone
aggrieved
by
a
decision
rendered
by
this
board
may
appeal
that
decision
to
Accord
a
record.
However,
such
appeal
must
be
made
within
30
days
of
the
Board's
decision.
Any
approved
variance
is
effective
at
the
end
of
the
appeal
period.
Building
permits
for
construction
associated
with
improved
variants
will
not
be
issued
until
the
appeal
period
has
ended.
A
Building
permits
must
be
obtained
and
construction
began
within
180
days
of
the
variance
effective
date
procedure
for
the
meeting.
As
the
case
will
be
introduced,
an
over
vil,
an
overview
will
be
given
applicant,
will
present
their
requests
and
reasons
for
the
variance
that
the
variance
should
be
granted.
Proponents
will
be
given
an
opportunity
to
speak.
Any
opponents
will
address
the
board
and,
if
needed,
staff
will
address
the
board
again.
A
So
the
public
hearing
for
case
number,
VAR,
2018,
0,
1,
1,
Adam
Berger
and
the
properties
28
58
and
28
62
South
Delaware
Street,
is
now
opened.
The
applicant
is
requesting
a
variance
to
encroach
8
feet
into
the
25
foot
front.
Setback
for
the
construction
of
a
duplex
in
the
are
to
be
its
own
district
I,
have
verification
of
publication
posting
of
the
subject,
property.
B
E
E
Right
here,
and
so
what
the
applicant
has
right
now
is
pretty
well
in
the
back
of
the
big
lot
right
here,
and
so
what
is
planned
to
do?
It's
25,
I'm,
sorry,
12,500
square
feet.
So
what
he's
planning
on
doing
is
subdividing
a
lot
into
fours,
so
he
would
have
for
lots
of
25
feet
by
125
in
depth,
so
he
can
construct
two
duplexes
for
a
total
of
three.
E
And
so
25
by
125
is
a
very
common
lot
size
in
Englewood,
especially
in
they
are
to
be
used
in
district
and
so
staff.
So
staff
has
processed
several
subdivision
applications
on
similar
Lots
and
similar
subdivisions
and
the
other.
All
other
applicants
have
been
able
to
meet
the
25-foot
setbacks
with
no
concerns
and
again,
this
kind
of
goes
back
to
the
physical
conditions
existing
on
the
piece
of
property
staff
didn't
find
anything
that
there
was
anything
on
the
property
that
was
preventing
him
from
using
the
lot
as
a
residential
use.
E
This
is
basically
just
to
say
that
if
the
variance
were
to
be
granted
and
staff
doesn't
find
any
evidence
that
there
would
be
harm
for
the
public
good
same
with
the
third
criterion
that
will
not
permanently
impaired
the
use
or
development
of
adjacent
conforming
properties
or
alter
the
character
of
the
neighborhood
again
he's
not
requesting
a
change
in
use
or
a
different
type
of
use
and
what's
allowed
in
the
zoning
district.
So
staff
doesn't
feel
that
that
that
the
third
criteria
did
feel
that
the
third
criteria
would
be
met
over.
E
The
fourth
criteria
is
that
the
variance
is
not
a
self-imposed
difficulty
or
hardship
and
again,
staff
has
really
found
no
hardship
here
in
which
we
find
that
a
variance
would
be
necessary
in
relation
to
this
to
this
parcel.
So
there
are
other
properties
in
the
neighborhood
that
do
have
a
little
bit
closer
setbacks
to
the
right-of-way,
but
those
it
should
be
noted
were
built
in
the
1950s
prior
to
one
being
annexed
into
Englewood
and
two
before
any
sort
of
setback.
A
F
What's
unique
and
novel
about
what
I'm
building
is
the
product
type,
and
this
is
a
modular
constructed
product,
so
the
actual
units
themselves
are
manufactured
off-site
and
brought
on-site,
which,
in
and
of
itself
modular
construction
process,
has
design
constraints,
in
particular
the
width
of
the
unit.
So
the
width
has
to
be
able
to
go
on
a
truck
and
drive
down
the
highway.
I
think
it's
important
to
note
several
things.
F
First
of
all,
this
product
is
built
the
same
building
code
as
ground-up
stick
and
the
reason
I'm,
employing
this
product
type
and
I'm,
delivering
it
actually
across
the
metro
area.
I've
already
delivered.
Two
duplex
units
near
Stapleton
in
Stanley
marketplace
in
north
Aurora,
is
to
address
the
issues
of
attainable
housing
in
the
metro,
Denver
Tanglewood
marketplace.
F
There's
a
shortage
of
labor
construction
prices
are
quite
high
and
you'll
see
that
similarly
built
product
in
an
angle
would
neighborhood
is
over
six
hundred
thousand
dollars,
I'm
able
to
deliver
same
quality
product
four
bedroom,
three
and
a
half
bath
for
about
a
hundred
thousand
dollars
less
than
that
and
I'm
able
to
do
it
by
employing
a
construction
type,
that's
less
expensive
to
develop.
The
issue
is
that
because
it's
only
15
feet
in
width,
I
have
to
design
the
interior
to
function
and
perform
in
a
way
that
competes
with
the
budding
new
product.
F
If
I'm
subject
to
the
full
25
feet
in
the
front,
I'm
left
with
11
feet
in
my
back
yard-
and
that's
not
what's
shown
here,
but
this
is
showing
the
variance
with
the
variance
request
in
place,
and
so,
if
I
push
it
back
further
to
meet
the
25
foot,
setback
I
really
don't
have
a
back
yard,
and
that
was
what
I
was
trying
to
attempting
to
describe
and
characterize
in
the
application
package
so
that
you
know
I
I
I'm,
doing
something.
That's
novel
in
the
marketplace.
F
I've
been
speaking
at
events
across
the
metro
area
about
this
cuz.
It's!
No,
not
not!
No
one's
really
doing
this,
but
I
delivered
a
similar
product
in
the
Stapleton
area.
This
one
in
Stapleton
didn't
have
a
basement.
It
was,
but
it
was
a
three
bed
two
and
a
half
bath,
1,700
square
foot
product
and
everyone
loves
it.
It's
a
great
product.
I
tried
to
provide
you
with
photos
and
I.
F
Don't
know
how
much,
how
many
photos
you
received
if
it
was
just
the
front
of
the
unit
but
I
had
included
photos
of
the
exterior
around
the
unit
and
interior
photos.
So
it's
it's!
A
great
product
I'm
hoping
to
build
a
few
of
them
beyond
this
site
in
Englewood
I.
Think
it'll
compete
very
well,
but
it
allows
folks
that
live
in
an
angle.
Would
you
know
greater
affordability,
so
they
don't
have
to
necessarily.
F
Quiver,
so
that
that
that
is
the
the
context
upon
which
I'm
requesting
the
variance
and
I
tried
to
illustrate
and
you'll
see
in
this
plan
that
the
existing
housing
stock
across
the
street
has
setbacks
between
16
feet
and
19
feet,
and
my
request
was
a
variance
of
you
know:
17
to
19,
so
I
felt
it
fell.
You
know
it
was
it
conformed
with
the
adjacent
product.
I
wasn't
doing
something
on
the
block
that
didn't
already
exist
and.
F
F
F
I
spent
no-one's
really
doing
this
much
anywhere
in
the
US,
so
I
spent
two
years
I've
been
doing
development
for
25
years.
My
background
is
large.
Institutional
mixed-use
development
and
I
took
this
concept
on
because
I
felt
like
there
was
a
need
to
apply
technology
to
the
housing
crisis
in
this
metro
area
and
being
able
to
build
product
in
a
indoor
conditioned
environment
with
folks
that
do
this
everyday
at
a
lower
cost
I.
F
Can
this
product
comes
off
the
factory
line
that
$75
a
square
foot,
but
it
still
has
all
the
bells
and
whistles
soft
clothes.
You
know
Aven
it's
and
it's
all
the
surface.
Countertops
I
compete
head-on
with
all
the
product
in
the
neighborhood,
but
I
can
deliver
it
and
sell
it
at
a
lower
cost
and
wicked
more
attainable
the
issue
and
the
length.
F
This
goes
back
to
why
the
what
ends
up
happening
is
that
you
know
I
want
to
make
sure
I've
got
a
product
that
will
that
families
can
live
in,
and
so
in
order
for
me
to
get
three
bedrooms
upstairs
two
bathrooms
the
right
amount
of
living
space
downstairs.
The
two
years
of
time
was
designing
this
thing
within
a
square
inch
of
himself.
So
nothing,
no,
no!
F
You
know
nothing
has
been
wasted.
This
is
a
very
efficient
economic
and
comfortable
design
for
the
homeowner,
but
I
get
forced
me
to
push
a
little
bit.
I
tried
to
you
know
pack,
everything
in,
but
also
make
it
a
comfortable
living
environment
and
about
15
feet
requires
it
to
be
a
little
bit
longer.
Oh.
C
F
D
C
F
I
apologize,
my
engineer
left
out
the
garage
itself,
but
that
line
goes
to
the
garage
we
the
staple
the
north
Aurora
products
as
a
22
foot,
deep
garage
I
like
to
provide
extra
storage.
This
garage
is
only
20
feet,
that's
about
as
small
as
you
can
go,
still
accommodate
a
car
and
then
with
that.
Excuse
me
with
that
second
six-foot
apron
that
you
require
you've
got
that
26
feet.
So
what's
missing
is
that
line
on
the
right
is
the
garage
and
the
apron.
F
D
A
F
Have
10
copies
so
ok
what
I
I
when
I
found
out
that
the
planning
department,
I
thought
I
had
a
shot
here
given
what
was
across
the
street
when
I
found
out
that
planning
had
turned
it
down,
I
thought!
Maybe
we
can
meet
in
the
middle
and
I
know.
This
is
not
a
dial
for
variance
I,
appreciate
that
and
I
don't
want
to
disrespect
the
board,
but
I
feel
if,
if
I
can
at
least
get
a
back
yard
that
has
15
feet,
because
these
are
slightly
bigger.
F
F
F
F
F
A
F
If
you
want
to
see
at
a
later
date,
I
have
a
website
for
the
product.
I
should
have
included
it
in
that
package,
but
if
you
wanted
to
write
it
down
that
the
product
is
that's
built
and
I'm,
building,
two
more
I've
actually
built
a
second
one
and
the
third
one's
gonna
be
under
construction.
This
month
it's
on
Alton
Street,
so
the
website
is
Alton.
Alt,
oh
and
Alton,
Street,
homes.com
and
Oh
was
okay.
Oh.
J
F
F
A
F
A
A
A
Are
there
any
other
persons
present
who
wish
to
speak
in
favour?
No
one
else
is
here,
so
no
any
persons
present
who
wish
to
speak
in
opposition.
No
one
else
is
here
so
no
staff.
Any
additional
comments.
Does
the
board
have
any
question
any
additional
questions
for
staff
all
right.
The
public
meeting
is
now
closed.
J
A
C
Well
as
much
as
I'd
like
for
England
to
be
having
a
20
foot,
setback
like
Denver
does
instead
of
25
feet,
we're
not
the
agency
to
go
through
them
to
mass
toning
changes
here,
and
this
is,
you
know,
there's
nothing
that
says
it
can't
be
built.
I
mean
it
can
be
build
just
like
any
other
duplex
I
mean
the
uniqueness
is
what
he's
bringing
to
it.
So,
unfortunately,
I
can't.
C
A
A
A
C
I
A
K
K
I
G
H
L
While
I
do
find
that
the
second
and
third
criterion
were
met,
criteria
were
met
well,
I,
do
and
I
believe
the
fourth
and
and
very
much
don't
believe.
The
first
and
I
do
feel
bad.
That
I've
kind
of
an
entrepreneurial
spirit
and
I
would
love
to
see
this
happen.
But
I
agree
with
the
staff
that
that
is
kind
of
the
slippery
slope.
Conundrum
I've
already
know.
For
that
reason,.
A
I
A
A
B
E
E
A
C
K
A
A
K
M
C
H
H
A
I,
don't
know
we
need
to
usually
sue
did
that,
so
someone
else
needs
to
be
a
driving
force.
Miss
Flynn
is
stepping
down
momentarily
for
a
year
or
two
sorry
to
see
her
go.
Thank
you
very
much,
but
we
we
have
an
alternate
filling
moving
up
to
the
the
board
full
time,
so
we'll
probably
found
another
alternate
anything
else,
all
right,
when's,
your
last
meeting,
okay,
okay,
so
perfect,
the
meetings
adjourned
dinner
are
we.