City of Englewood, Colorado Board of Adjustment and Appeals, 14 Apr 2021

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From YouTube: Board of Adjustment and Appeals Meeting April 14, 2021

Description

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/110788?handle=A66FD90E42204C12908AD12BF7C5E98F
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/110787?handle=032A806B70204DCB9B4EA4478616A752

1. Chair Finn approved the agenda.

2. Call to Order

3. Approval of Minutes

4. Approval of Findings of Fact

5. Public Hearing:

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 VAR2021-005 Applicant: Antwun Baker Property: 681 East Belleview Avenue Request: Variance for a 6-foot solid construction privacy fence to be constructed within the front setback in the R-1-B zon...

7. Staff's Choice

8. Attorney's Choice

9. Board Member's Choice

10. Adjourn

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/110788?handle=A66FD90E42204C12908AD12BF7C5E98F
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/110787?handle=032A806B70204DCB9B4EA4478616A752

A

A

Good evening, everyone.

B

A

um Shelly, how many are we going to have in attendance tonight.

B

It looks like we might have one more I haven't heard from angela: okay um kristen is not making it. um We do have a new member tonight, tanya tanja she's, our new board member.

A

Wait we're working on unmute, I think you're still muted.

B

Yes, hi, I'm tanya.

A

Hi tanya, how are you I'm doing well, thank.

B

A

Welcome to the board. Thank you.

C

Glad to be here.

A

um Also brendan, I think, you've re-upped for another year, is that correct.

C

A

Well, I uh I'm happy to hear that um I'm glad we didn't scare you away too much over the first year.

D

Well, I'm glad you didn't say we're really sorry that you took the second year.

A

I am happy always when people join our board.

A

Okay, so we might have six, but we definitely have five okay I'll, give it a couple of more minutes. Just um let's see so, uh if we go forward with five, we only have four to approve um the finding of fact in minutes. Can we do it with four.

B

I believe we have to have five.

A

That would be a question for mr.

B

A

An attorney if we had an attorney present dugan yeah. I have to look it up. Okay. Well, we got a couple of minutes um and then that way, maybe we'll see if the whole, if we don't need to figure it out at.

C

C

B

But aaron wasn't was aaron at the last meeting.

B

A

uh Hold on, I don't.

C

Remember I missed that meeting.

A

uh He was not at the march 10th.

A

A

So we're back to.

C

C

Okay, if you have five members, you need four affirmative votes.

A

Okay, what if we only have four members that were present, then we can't.

C

A

C

A

C

You don't have a quorum yeah.

A

C

For the meeting.

A

Minutes, though, right correct just for the meeting minutes from march 10th and the finding is fact for march 10th. So what we'll have to do is when we get there, which is right off the bat, is we'll just push it to the following meeting.

A

Until or can we do a mail approval, shelly.

B

We have before, can we still do that dugan email vote.

C

I don't see why not.

A

Okay, all right um perfect. Well, we have a plan and um one two, three, four five, six members present, which is awesome all right, so I will call the board of adjustments and appeals meeting to order for wednesday april 14th miss work. If you could, please take the role.

B

E

B

Miss schmitz.

B

Mr friesen present mr thompson.

D

B

Mr taylor,.

D

B

Mrs hoffman.

B

Miss spencer president, chair finn,.

A

And I am here as well, so that gives us six members present.

A

um However, we do not have a quorum for the approval of minutes from march 10th 2021, so we are going to have to approve that via email as well.

C

Have one comment on that tom on me.

A

C

On the actual meeting minutes- yes, um the case var 2021 001 that norris had up there. It shows four to two, but it says approved.

C

So I'm defining a fact. um It was correct, but not on the meeting minutes ready.

B

Man we'll get that fixed as well.

A

Okay, yeah perfect yeah. I just I glossed right over that because I just saw the finding effect all right, um so we will get that fixed and we will again vote on that via email uh as well as we do not have a quorum for the approval of findings, a fact from var 2002 or var 2021-001.

A

So we will also handle that via email approval.

A

So there are six members present. Therefore, five affirmative votes are required to grant a variance or appeal. The board is authorized to grant or deny variance by part 3 section 60 of the inglewood 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.

A

Any approved variance is effective at the end of the appeal period. Building permits for construction associated with an approved variance will not be issued until the appeal period is ended. Building permits must be obtained and construction begun within 180 days of the variance's effective date procedure. For the meeting is that the case will be introduced and an overview view will be given by staff.

A

The applicant will present their request and reasons the variants should be granted. Proponents will be given an opportunity to speak. Opponents will also address the board if they're present, if any air present and then, if needed, staff will again dress the board, so I will open I've got to scroll down, so I can find my.

A

A

So I will open the hearing for case number var, 2021 005, antoine baker, at 681, east bellevue avenue in inglewood. The applicant is requesting a variance for a six-foot, solid construction privacy fence to be constructed within the front setback of the r1b zone district. This is a variance to table 16-6-6.2 of the inglewood municipal code.

A

The applicant uh sent out to the verification of publication posting via email, so we all should have gotten that so I have verified. I got it uh staff if you could give us an overview. Please.

E

Ready to swear in chile.

B

You do do you swear or firm or the penalties of perjury, that you will tell the truth, misproceeding before the burden of adjustment and appeals.

E

B

Please state your name.

E

Will charles um and I'm going to go ahead and share my screen? um Let me get that going real, quick.

E

um Can everyone see this presentation.

D

E

Oh, that's not what I wanted to do.

C

E

Well, that's fine, we'll just go for it for a year, um okay, yeah! So, as you said, this is for uh var2021-005 um a request to build a six foot, uh solid construction, privacy fence within the front setback of the property.

E

This property is located along bellevue avenue, as you can see from this aerial majority of the things around that are all residential everything on the north side of bellevue being inglewood and then on the south side. It is parts of greenwood village, as well as unincorporated arapahoe county.

E

As far as the property, it's approximately a ten thousand six hundred square foot parcel with a single family residence on it, with the detached garage kind of in front of it the.

E

As far as the variance goes, they are proposing to put a fence approximately about 13 feet, 7 inches behind this sidewalk, which would be pretty similar to what is on this new build that is directly next to it. As you can see from these photos, the the new build next to it has a similar kind of fence to what this applicant is proposing.

E

This might look familiar to some of you. This one was approved by a variants back in 2018 um whenever the house was being constructed as far as as far as this case goes, um the first criterion being that unique physical conditions exist, 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

um This street um is pretty unique in that it's you know, has residential on all sides of it, but um it's still a very busy um collector street. um Therefore, it has a lot more traffic than your typical residential road does as well. A large majority of the other properties along the street also have these similar fences kind of along bellevue whenever they're, um even when they're fronting it um segreterian, is that a variance is consistent with the intent of the zone.

E

District regulations to secure public health safety and welfare um staff did not find that this would create any public health safety or welfare issues.

E

Their criteria is that the variance will not permanently impair the user development of adjacent deforming properties or alter the essential character of the neighborhood, as stated before. A lot of the kind of neighboring properties have similar fences um in similar locations to where this one is proposing to put one, um and the fourth criteria is that this is not a self-imposed hardship um which staff did not find that it was, um and then I'm happy to answer any questions that you guys might have.

E

um The staff is recommending approval for the variants.

A

um Miss charles, I have a quick question on your diagram that you showed, which is, I think, slide number three: where is the front door of the house.

E

um I believe it's in that covered patio, so, where that orange line ends it's in.

A

It's in there, okay, and we can ask uh the applicant as well um questions for.

A

Staff any other questions for staff. At this point.

A

Staff, I think we might be done with you at this time. I don't see anyone else. um If anyone has a question, speak now or we'll talk to you uh again, okay, uh mr charles, I believe we are done with you for the time being,.

E

Sounds good, do you want to make this up or would you rather me stop.

A

um Let's leave it up: okay, um if the applicant could uh come forward which appear on zoom to testify in the case, and if you could please state your name and address to the secretary who will administer the oath all.

F

Right, uh I'm kind of new to this is it my left.

A

F

A

I believe it's your right hand, your right hand, okay,.

F

B

Do you swear or affirm, under the penalties of perjury, that you will tell the truth, is proceeding before the board of adjustment and appeals? Yes, please state your name and address antoine baker.

F

681 east bellevue. Thank you, colorado, 80113,.

A

Thank you miss baker, um so we have what you uh submitted to the city. We have copies of all that um I don't know. If there's anything, you want to add for uh why you think this variant should be granted.

F

Yeah I mean I for me, I feel like personally just being on bellevue being on a bit uh on a very busy street. You know um I feel like it'll provide like privacy.

F

We always get trash blown into our yard and then I think it will add another layer of like a noise cancellation right now, because you know we can hear everything, um and so mainly just that you know checking our mail from time to time and I'm like what what's all this in my yard, so just trash and a little bit more privacy. So that's all I mean, and I understand that you know we do live on a busy street as well, and um I feel like it will.

F

Actually, you know actually add like what's the word that I'm looking for when things are kind of flowing together continuity in the neighborhood. So that's the word, I'm looking for.

A

um And miss baker. So, uh on the the the diagram that we have up where's your front door.

F

um I believe it's the where we did the the orange.

A

Okay, so that's yeah, it says a little gas meter, so it's somewhere by the gas meter covered.

F

Patio and I've I've had excel come out too as well just so I can be sure where the gas line is running and the water line, and things like that too, as well. So you know I did do my part of that as well taking initiative doing that.

A

Perfect uh board uh questions for the applicant.

A

All right this is, uh I don't think we have any other questions for you. I do have one um are you gonna put up any gargoyles because I think somewhere on bellevue, they have the fence with gargoyles that sits on the posts.

F

That that do sound, pretty cool, but I don't know if I'm gonna do that, but that do sound pretty cool. You never know what you might see in inglewood. Actually, so you never know.

A

Okay, thank you any other questions for the applicant right. um Thank you. Miss baker. uh If we have any other questions later, we'll we'll uh bring, you back sounds.

F

Good sounds good.

A

Thank you. um Are there any uh people present who wish to speak in favor of the request miss warwick. Do we know.

B

B

The room is empty. The word.

A

Room is it okay and there so so there's no one to speak in favor or opposition because there's I take it there's also. No one else online. Is that correct nobody online, okay staff? uh Do you have any additional comments for us?

A

E

There's additional questions.

A

Board, do we have any additional questions for staff.

A

All right do we have any additional questions for the applicant.

A

All right, so the public hearing is now closed. um Is there a motion and a second anywhere.

D

I would like to make a motion that we approve of the case number var2021.

A

Is there a second.

A

Second, and just for uh all clarity, uh the request that is uh asking to be approved is a variance for a six-foot, solid construction privacy fence to be constructed within the front setback of the r1b zone district and that's a variance to table 16-6.2 of the inglewood municipal code.

A

A

Thoughts talk about gargoyles. Does anyone know, have you you guys know the gargoyles I'm talking about.

C

They're, seeing.

A

C

A

D

I I've driven that bellevue many many times back when I actually went to work instead of working from home and.

A

I don't remember gargoyles so they're they're on I bel they're on the inglewood side and she, uh whoever I I don't know if it's a she or he, but they will at times appear in costume, so uh something to occasionally look out for. But please also be careful when you drive um any other uh any discussion on this.

C

I mean overall, it seems pretty straightforward to me. It's this.

D

C

That, for the same reason, you know.

D

Yeah, this is just an odd section in englewood, where even the portions that are along bellevue there's not very many that front to bellevue at all. So it's just a unique situation uh for this little set of lots.

A

Yeah I I agree. I I think that uh it's nice to have a fence case um that maybe we're kind of returning to a normal, with co, post, covid and back defense cases. um I I think this is what the variance is is set up to handle in situations like this.

A

A

Discussion all right.

A

B

E

Vote to approve uh the variance, I believe the first criterion has.

C

Been met that unique physical conditions exist that uh other properties uh and owners uh have the privilege of having in the vicinity. I believe the second criterion has been met. The third criterion will not permanently impair the use or the development of the adjacent, conforming properties, and I believe the fourth criterion has been met, that the variance is not a self-imposed difficulty or hardship.

B

Mr friesen.

C

I vote yes as well. I can curb and bellevue is definitely a unique situation. There.

B

D

I too, concur uh with the same reasoning that bellevue is very interesting and a couple of the other properties that do the drive does enter and exit off of bellevue have done this same thing, so I think it's as the applicant said. It adds congruity to the uh to that stretch of road.

B

D

I voted yes, uh the first criterion is met, because this is a unique set of lots here in inglewood that front onto bellevue and for also the reasons previously stated.

B

Ms spencer,.

C

I definitely vote yes, I do I'm after reading all of the criteria, and I believe that um it meets all of the criterion that are set forth.

B

A

uh I also vote uh yes for the reason stated.

B

Motion passes 6-0.

A

um Thank you for the applicant's time and this public uh this case is now closed, um staff's choice, uh staff. Do we have anything coming up.

E

um I am not aware, but.

C

Shelly's not in your.

E

A

So we have another case coming up: okay, one case perfect um and then real quick. I wanted to apologize to mr baker. I think I called you miss baker a couple of times, because I had my screen closed down. I'm sorry about that uh city. Attorney's, choice, dugan! I.

C

Have nothing to add for this evening's entertainment.

A

Perfect well, we appreciate your help board's choice. uh Again, I want to welcome tanya our new member welcome brendan back for yet another exciting year, um and I oh.

D

Hopefully, a different year, hopefully the year will get better.

A

uh And then um I think, that's it so uh we're adjourned until next month. I want to thank everyone for their time. Thanks guys, you.

C

As well, thank you.

A

C