City of Englewood, Colorado Board of Adjustment and Appeals, 14 Sep 2016

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From YouTube: Board of Adjustment and Appeals 14 Sep 2016

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Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/7532
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/7530?handle=30F41AE2F9734957A4E70C2FD71456E8
Minutes PDF: https://englewoodgov.civicweb.net/filepro/documents/10937?handle=6B9E755590A2479EB8BFB20746A95105

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 Green presiding. There were six members present; the...

2. Public Hearing:

Case VAR2016-013 Jorge Equiarte 4461 South Washington Street Chair
Green opened the public hearing stating he had proof of posting and
publication. He introduced the case stating the applicant is re...

Mr.
Friesen stated the unique physical conditions are the structure was
constructed with an egress window from the basement into the backyard
that would be covered up if the addition were construct...

3. Approval of Minutes

4. Approval of Findings of Fact

5. Staff's Choice

Staff had nothing further.

6. Attorney's Choice

Mr. Comer had nothing further.

7. Board Member's Choice

The Board had nothing further.

8. Adjournment

The meeting adjourned at 7:15 pm.

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/7532
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/7530?handle=30F41AE2F9734957A4E70C2FD71456E8
Minutes PDF: https://englewoodgov.civicweb.net/filepro/documents/10937?handle=6B9E755590A2479EB8BFB20746A95105

A

We'll call the meeting to order our six members are members present there for five affirmative votes are required to grant a variance or appeal. The board is authorized to grant or deny a 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 of record. However, such appeal must be made within 30 days of the Board's decision. The variance is effective at the end of the appeal period.

A

Building permits for construction associated with an approved variance must will not be issued until the appeal period has ended. Building permits must be obtained and construction begun within 180 days of the variances effective date procedure will go through for the meeting is, will introduce the case.

A

Staff will give us an overview. Alcan will have a chance to add any additional information. Anyone present, who wishes to speak for or against I'll, have a chance, we'll close the we'll get any questions answered by staff and close the public hearing and then we'll vote on motions.

A

Well, we please take role in this one.

B

C

B

D

A

Present will open the public hearing for case var2 0-1-6-0 and three. We have proof of publication and Postino passed out hello. Mr. Locke.

E

I do Jeremie lot the Community Development Department okay, so this is case number var, 2016, zero, one three, it's 444, 61, South, Washington, Street and the applicant is requesting a variance to encroach two feet and serve the required northern and five foot side setback in order to construct an addition to their their single-family residence.

E

So here's an aerial map of the property 4461 you see, they're highlighted in the yellow box. The it's currently zoned r1 see all the properties around. It are also zones. Similarly, there were two neighbor notifications included with the application I went to the north and one to the south. They were both in support of the proposed addition.

E

Here is a drawing of the proposed addition. You can see on the on the upper side, which is the northern side. The addition right there in the center I didn't crouches it. It follows the existing building line, which is at 3 feet, which is what the zoning was back in 1951 when this house was constructed.

E

That's all I have for a presentation. Are there any questions? It.

A

Mentions the window, that's already there, the underground window, where exactly? Is that on that I.

E

Believe it's right here, ish.

A

Okay, you know the applicant certify okay, any other questions for staff. At this point, thank you with that applicant. Please come forward.

F

Yes, mmm-hmm, my name is Jason droughts and our addresses for 461 South Washington Street in Englewood.

A

Thank you, so did you want to clarify I know that it says that if you did it with the normal setback, even though I understand why you'd want to do it with the same line at the house as a cover and exit, but I, don't see it on the drawing yeah.

F

So we're fortunate right what I'm putting out here is it's a deck that extends there's a little back door here, and so we have a covered patio here and then that there's an external part of the deck that extends right there underneath the deck we have an egress window, we're fortunate to have a finished basement in the house, and we use the the basement Moses, our son sleeps down there and it's our family room and everything, and so the egress window is very valuable to us, because it's obviously a safety concern- or you know, that's safety element for us to have to be able to get out from under there.

F

So you know, I was looking at the application and we have to indicate what's exceptional about the property at properties not exceptional by any means, it's like mostly other properties in the neighborhood, but what's unique and the reason that we're asking for this is because this egress window is a sea. You know provides safety for us and with her finished basement and then the other part and I don't know if this is a consideration.

F

If this is the consideration that you'd all take into consider that you take under account but we'd have to if, if we strictly following the code, we'd have to remove or demolish part of this deck in order to to meet that the variance or that the code today so deserve those. Those are our main concerns.

F

A

Have anything else to add beyond what you provided in now.

F

Strictly from a black-and-white perspective, you know those are the those are the exceptional things, I think from a personal standpoint, you know we looked at moving that other areas in or other parts of town in Denver, and we realized that we really loved Englewood, and this is where we want to raise our family and that emily is the reason that we're doing the addition you know to make more room and so Moses can grow up there and so yeah we're trying to we're trying to plan our routes, a school career, any.

A

Questions for the applicant all right. Thank you, yeah. Thank you. Anyone present wish to speak in favor of this.

C

A

I, don't see anyone else, anyone present wish to speak against it in opposition, any other questions for staff.

A

Ok, we'll close the public hearing. Is there a motion.

B

Move that case, the AR to 16-0 1/3 be granted a variance to encroach two feet into the required five foot. North setback.

A

Discussion pot seems perfectly reasonable to me. We've.

C

C

Old setbacks, we're less and it's continuing that line.

C

A

Any other thoughts: okay, let's vote.

B

I vote. Yes, the first criterion about unique physical conditions do exist in terms of the original house being at that property line, as well as the egress window and I think the rest of the Criterion's are met as well. I.

D

Voted yes, for those reasons stated.

C

B

Voted yes for the reason stated: I.

D

Voted yes, for the reasons stated, I.

A

Voted yes for the reasons stated by mr. Creason.

A

There a motion to approve our minutes from 713 I have a correction: okay, go ahead.

F

In the minutes where we approved the June findings of fact, I abstained currently.

A

It reflects that I would oh yeah.

A

Not the only thing, that's.

F

A

Only thing so should I make a motion.

F

A

Got that so with that correction, is there a motion to approve.

A

Thank you all in favor, let's see it was everyone present. No.

D

I have to obsess.

A

Okay, so mr. Flynn I'll abstain, everyone else, all in favor state, aye, aye opposed saying, okay minutes are approved in.

A

Motion to approve the findings of fact from the 713 meeting.

B

A

Moved there a second second thank you, or this is not from 7:13. This is where is it this one says?

A

Okay, so was for the vote we just did.

A

Miss Purdy should also show us up stand sorry about that see, and so we've got for our standing motion on this Flynn and Miss Purdy will be abstaining. Everyone else, those in favor, please say: aye aye opposed same passes.

A

You have anything for us, mr. Locke, mr. comer. Anybody on the board it's pretty Eric, should we be doing anything to potentially plan for the holiday.

D

A

I you're still open to do or not. Yeah I know I.

D

Thought of it tonight my whole summer, craziness and I will probably try to set it up as I have in the past on the December board meeting night. Okay,.

C

D

That make sense.

C

C

I'm in their head.

A

Okay, so yeah, let's just discuss that offline. Anybody else have anything motion to adjourn.

C

A

Is there yes, Rison? Thank you all in favor, say aye all right.