►
From YouTube: Board of Adjustment and Appeals Meeting April 12, 2023
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/159096?handle=5A2AAD428D634BE5A2461B20612E0405
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/159095?handle=D026B906BF304565B162C0CE177D9135
1. Chair Finn approved the agenda.
2. Call to Order
3. Approval of Minutes
4. Approval of Findings of Fact
5. Public Hearing:
Case VAR2023-003 Applicant: Jay Dokken Property: 2820 S. Lafayette Request: Staff Contact: Ryan Herring, Planner I
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 the public hearin...
Case VAR2023-004 Applicant: Jason & Stacey Colson Request: Pursuant to Section 16-2-16.G.4 of the Englewood Municipal Code, the applicant is requesting a one-year extension to obtain a building pe...
7. Staff's Choice
8. Attorney's Choice
9. Board Member's Choice
10. Adjourn
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/159096?handle=5A2AAD428D634BE5A2461B20612E0405
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/159095?handle=D026B906BF304565B162C0CE177D9135
A
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B
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D
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A
I
D
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C
H
I
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C
C
Okay,
so
we'll
just
do
this
by
Voice
vote:
Mr,
freezen's,
gonna
abstain,
all
those
in
favor
of
approving
the
minutes
for
March,
8th,
2023,
say
I
I,
any
opposed,
say,
nay,
no
one's
post.
The
minutes
have
passed
so
now.
I
need
a
motion
and
a
second
for
approval
of
finding
a
fact
for
case
VAR,
2023-001,
1321,
East,
Dartmouth,
Avenue
I
need
a
motion
and
a
second.
C
C
All
those
in
favor
of
approving
the
the
findings
of
facts
say
aye
any
opposed.
No
one's
opposed
approval
of
findings
of
fact.
So
now
we'll
go
to
the
approval.
Finding
fact
a
motion
and
a
second
for
case
VAR
2023-002
for
3021
South
Corona
Street
I,
will
make
a
motion
that
we
approve
the
findings
of
fact.
Is
there
a
second.
J
C
We
got
a
second
we'll
do
a
Voice
vote.
Mr
Friesen
will
abstain
since
he
was
not
present.
All
those
in
favor
of
approving
the
findings
of
facts
say
I
hi
hi
any
opposed.
None
opposed
the
finding
of
facts
pass
all
right.
So
there
are
five
members
present.
Therefore,
four
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.
C
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.
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
in
construction
begun
within
180
days
of
the
variances
effective
date
procedure.
For
the
meeting
is
the
case
will
be
introduced.
An
overview
will
be
given
by
staff.
C
C
C
C
D
B
B
B
This
property,
as
mentioned,
is
in
is
a
2820
South,
Lafayette
Street,
it's
located
in
the
northeastern
portion
of
the
city,
Kimball
Croft
Park
is
the
name
of
the
subdivision.
Here
we
have
the
zoning
map
just
for
some
orientation
and
then
Ariel
here
for
physical
reference
and
on
the
far
right.
The
large
picture
that
you're
seeing
is
the
Kimball
craft
Park
Subdivision,
which
was
dedicated
to
the
city
in
1950,
September
1950,
and
this
created
Lots.
What
were
called
eight
nine
ten
at
the
time
here
in
this
corner.
B
Now
that
was
later
amended
at
this
subdivision,
that
is
was
later
amended
in
2016
and
that
changed
interior
lot
lines
created
a
sewer
in
the
utility
easement.
Now,
as
far
as
the
relationship
of
these
lots
and
the
structures
on
them
to
each
other,
we
can
go
to
county
assessor
records
and
local
records.
We
can
confirm
that
2800
Lafayette
now
the
north,
what's
called
lot
one
in
this
amendment
to
the
subdivision.
It
was
built
in
1941
land
use,
single-family
residential
1410,
East
Amherst
lot.
3.
B
was
in
about
1957
and
2820.
What's
now,
2820
was
addressed
in
2007
by
previous
property
owner,
but
the
exist
the
County's
records,
the
local
records,
have
no
bill
to
date.
On
that
matter
of
fact,
assessor
records
call
it
vacant
residential
lots,
but
there's
clearly
something
there,
but
it's
a
by
local
accounts,
and
by
into
it
you
can
see
that
by
it
was
some
sort
of
accessory
structure
to
lot
one
some
sort
of
barn
Warehouse,
perhaps
but
accessory
to
some
other
structure.
B
B
B
Vance
is
granted
with
four
criteria.
First,
being
physical
conditions,
size
shape,
location,
topography.
Now
this
lot
is
even
for
the
r1h
size
kind
of
large
1400.
Excuse
me,
1100
some
square
feet
surrounding
Lots
all
kind
of
share,
a
similar
Oddities
in
that
there's
a
dumbbell
shape
to
the
roads,
so
they
have
some
odd
frontages.
B
Most
of
them
are
between
that
that
six
thousand
nine
hundred
thousand
square
foot
space
despite
the
distance,
despite
the
size,
the
fact
that
the
structure
is
set
so
far
to
the
rear
and
North
Side
property
line
creates
difficulties
to
meet
r1a
setback.
Lot
coverage
in
both
claim
requirements
if
the
structure
would
have
maintained
as
a
principle
second
Criterion,
so
the
proximity
of
the
structures
related
is
due
to
their
original
relationship.
B
Perhaps
it's
accessory
to
the
principle
all
right,
seven
Criterion
is:
will
this
variance
be
consistent
with
the
intensity
of
the
zone,
public
health
safety
welfare?
Granting
the
variance
will
bring
the
property
in
compliance
with
r1a
District
zone
dimensional
requirements
and
enable
the
current
owners
to
apply
for
building
permits
toward
renovation
and
infrastructure
for
use?
As
a
single
you
know,
dwelling,
which
is
the
base
used
for
the
district
third
Criterium,
very
simple
variants
will
not
permanently
impair
the
use
or
development
of
adjacent
conforming
Properties
or
alter
the
essential
character
of
the
neighborhood.
B
Do
not
find
an
argument
for
for
finding
that
and
the
fourth.
This
is
the
variance
self-imposed
now.
The
structures
original
construction,
campbellcroft
subdivision
amendment
number
one
and
the
new
addressing
request
were
all
done
by
previous
Property
Owners.
The
current
owner's
request
for
the
variances
would
bring
the
is
an
effort
to
bring
into
compliance
and
use
it
as
the
intended
use
of
the
zone.
So,
for
these
reasons,
staff
recommends
approval
of
their
variance,
I'll,
stop
sharing
and
into
my
section.
C
B
C
B
And
if
we
need
more
visuals
cue
them
up,
I'll
keep
sharing
if
you
need
physicals
and
there's
of
course,
other
plans
that
the
that
we
have
from
the
applicant.
If
you
want
to
see
their
designs,
that
will
be
more
physical.
If
you
want
to
see
elevations
and
architectures
that
might
help
you
visualize
I
have
those
off
to
the
side.
B
B
Okay,
I
would
also
clarify
this
is
a
little
confusion.
Maybe
another
road
map,
South,
Lafayette
and
Bates.
You
might
notice
here
on
the
same
road,
baked
sea,
spaced
kind
of
dumbbells
out,
let's
see
if
I'll,
let's
get
a
real
map
out
but
yeah
just
for
suffice
to
say,
East
base
becomes
South
Lafayette.
C
B
C
B
C
B
B
That's
been
since
obtained
and
well
there's
the
next
Advance
zero
five
is
that,
unfortunately,
we
couldn't
get
it
onto
the
one
package,
just
having
a
didn't
have
questions
addressed
and
some
of
the
letters
back
and
forth,
but
yes,
you're
right.
That
will
be
addressed,
that
one
so
building
and
going
forth
with
a
project
wouldn't
actually
be
done
until
that
final
variance
would
be
obtained.
But
the
option
of
continuance
is
always
here
now,
but
also
the
written
statement
could
have
done
earlier.
B
B
I
mean
there's,
maybe
not
I,
can't
in
my
experience,
think
of
right
now,
the
advantage
of
doing
it
all
at
once,
just
other
than
just
to
have
it
done
and
have
it
obtained
I'm
sure
the
applicant
would
like
to
have
the
assurity
of
it
to
have
it
done,
but
also
having
another
conversation
about
it.
Just
opens
up
more
opportunities
for
more
questions
and
I.
Don't
want
to.
You
know,
create
opportunities
for
more
confusion
or
something
so
I
think
there's
advantage
to
this.
J
C
G
J
K
B
So
yeah,
that's!
This
is
a
conversation
around
of
what
can
be
maintained
as
opposed
to
scraping
yeah,
there's
plenty
of
space
to
scrape
and
start
from
scratch
and
fit
something
in,
but
maintaining
it.
What
can
be
done
to
maintain?
It
is
the
ultimate
question
right.
So
yes,
it's
it's
really
comes
down
to
what's
comfortable.
You
know
is
this:
are
these
setbacks,
but
also
not
just
a
setback?
Think
of
the
physical
distance
I
put
in
the
report
there
you,
the
point
of
the
variance,
is
L
safety,
welfare
setback.
B
You
know
the
also
a
neighborhood
character
of
Matt.
Sorry,
let
me
address
your
question
specifically
because
I'm
not
sure
exactly
there's
multiple
accessory
structures
that
could
be
defined,
you
know,
and
the
square
footage
that's
associated
with
them
is,
you
know,
depends
on
if
it's
carport
garage
other
this
is
this.
Is
you
know
a
non-conformance
in
multiple
ways,
so
it's
accessory
by
nature
of
having
been
you
know
what
it
was
to
its
principal
structure
originally,
but
being
the
only
structure
now
on
the
lot?
B
It's
not
principle,
you
know
legally,
it's
just
only
all
right
anyhow!
Yes,
the
question
is,
you
can,
maybe
maybe
perhaps
maintain
it
as
as
an
accessory
and
build
some,
maybe
not
because
the
front
yard
setback
actually
I
might
defer
to
book.
He
actually
remember
having
a
conversation
that
front
yard
setback
might
make
difficulty
of
building
anything
else
in
front
of
that
and
calling
that
you
can't
have
an
accessory
in
front
of
your
primary.
That's
the
key
detail,
sorry
for
the
ramble.
That's
a
key
detail
that
we
have
to
arrive
at.
B
C
C
G
Know
maybe
what
you
want
to
do:
I,
I
think
just
standing
on
the
street
and
looking
at
the
structure
itself,
you
get
a
really
good
idea
of
the
reason
why
we
want
to
like
keep
it
and
It's
A
Relic
that
has
been
around
before
the
neighborhood
before
the
initial
subdivision
took
place
and
from
my
understanding
it
was
a
part
of
the
an
orchard
that
was
there.
So
it
was
initially
built
to
service
an.
A
G
G
You
know
it
still
retains
a
lot
of
the
original,
like
everything
on
the
inside
is
original.
So
the
floors
are,
you
know
wide
plank
floors
that
have
been
patched
with
the
tops
of
tin
cans,
and
the
structure
itself
is
unique
in
that
there's
two
large
trusses
on
the
interior
that
are
carrying
the
roof
so
like
when
you
walk
in
you
see
this
kind
of
a
lofted
roof
area
and
I
I,
just
I
think
it
would
be.
G
G
I
G
The
question
yeah
so
honestly,
it's
a
challenge
and
it
would
be
easier
to
start
from
scratch.
You
know
I
build
houses
for
a
living
and
it's
easier
to
just
come
in
scrape
it
and
layer
upon
layer.
You
you
know
you
get
you
go
through
the
proper
channels.
You
get
planning
sign
off,
you
get
permits,
you
get
the
inspections
one
step
at
a
time,
and
it's
just
it's.
We
do
this
in
our
sleep,
and
so
it's
really
easy
to
do
new
construction.
G
It's
very
hard
when
stuff,
like
this
occupies
a
gray
area
to
say.
Okay,
like
you
know,
the
I
mean
it's,
it's
a
lot
more
difficult.
It
takes
a
lot
more
time.
It
takes
some
people
at
the
at
the
building
department.
That
kind
of
are
understanding
and
can
like
see
what
we're
trying
to
do
with
it.
I
guess.
C
H
H
G
C
C
C
Watch
for
it
perfect
and
then
so
and
I
was
curious.
I
know
that
there
was
some
talk
about
the
bulk
plane
that
you'll
have
to
come
back.
Would
you
be
I
mean
you
can't
I'm
assuming
that
there's
nothing?
You
can
move
forward
until
you
get
all
the
variances
done
at
one
time,
and
I
would
be
more
inclined
to
kind
of
put
this
as
a
continuance.
So
we
can
address.
G
I
can
tell
you
like
we.
You
know.
Timing
is
important
for
us,
so
we
want
to
get
a
roof
on
there
and
we
want,
to,
you,
know,
be
able
to
move
forward
with
it
and
that
sort
of
thing
so
and
and
to
me
like
the
building
envelope
and
the
setback.
You
know
the
setback
is
the
major
portion
of
it.
The
building
envelope
I
mean
it's
just
a
small
portion
of
the
roof,
so.
G
C
C
B
B
We
have
the
diagram,
I,
don't
know
if
I
bring
it
up
like
you
said.
If
we
bring
up
Pages
now
and
it's
part
of
the
you
know
it's,
you
know
it's
part
of
that
yeah,
it's
it's
more
than
what
I
think
that
that
was
actually
aware
of
or
asking
for
it's,
but
as
I
wrote,
the
variance
and
applied
for
and
posted
for
today
it
was
with
the
what
we
would
call
it.
You
know
not
just
the
one
foot
that
he
thought
it
was.
B
C
I
C
B
So
they
will
be
separate
variance
cases.
One
will
be
zero.
Zero.
Three
one
will
be
zero,
so
five
they'll
treat
them
actually
as
a
separate
items.
This
might
be
a
Shelly
thing,
an
agenda
thing,
but
I.
Imagine
that
they'd
be
addressed.
You
know,
but
maybe
there's
a
discretion
there
that
you
have
that's
a
look
up
for
me.
I,
don't
think
we.
D
D
E
My
name
is
Brooke
Bell
and
I'm,
a
senior
planner
with
the
Community
Development
Department,
so
I
believe
your
question
first
of
all,
I
would
I
would
recommend
continuing
the
case
so
that
you
can
look
at
it
holistically
and
continue
this
case
until
the
next
boa
meeting.
This
is
my
recommendation.
Of
course
the
board
can
do
what
it
would
like
to
do,
but
continue
this
case
until
the
next
board
meeting,
and
then
you
would
have
two
cases
at
the
next
board
meeting.
E
Of
course,
you'd
be
hearing
them
holistically
and
you
could
vote
on
both
of
them
next
week
and
or
not
next
week.
I'm
sorry
at
the
next
at
the
next
board,
meeting
and
and
I
believe
everything's
in
place
in
terms
of
putting
it
in
the
newspaper.
In
fact
today
was
the
deadline
to
be
able
to
get
it
at
the
the
May
meeting.
So
this
was
kind
of
last
minute.
E
We
can.
We
can
Circle
back
with
city
attorney's
office
to
see
you
know.
Can
you
hear
them
both
at
the
exact
same
time?
You
know,
as
opposed
to
hearing
one
case
and
voting
on
it.
Hearing
one
case
in
the
next
case.
In
voting
on
it
that
that
I
don't
have
an
answer
for
but
I
I
do
think
if
you
want
to
look
at
them
holistically.
E
You
should
continue
this
one
now.
If
the
board
wanted
to
this
evening,
approve
or
deny
this
first
case
without
having
anything
to
do
with
the
bull
claim.
That
is
absolutely
fine.
You
could
approve
tonight's
case.
You
could
deny
tonight's
case
or
you
could
approve
with
conditions
and
and
the
the
next
case
could
be
heard
in
in
May.
E
C
I
I
have
a
periodical
question
for
you:
okay,
Mr
Bell.
So
if,
if
there's
going
to
be
a
second
variance
case,
if
we
continue
this
one
and
then
there's
going
to
be
a
second
variance
case,
he
he
would
have
to
he
wouldn't
have
to
get.
But
he
would
have
the
opportunity
to
get
neighborhood
notifications
for
perhaps
for
other
homes
that
weren't
included
in
this
case,
and
we
could
then
look
at
those
as
well.
C
E
E
That'd
be
that
that
would
be
kind
of
clean
to
have
two
separate
motions,
and
we
can
talk
to
our
city
attorney's
office
in
the
interim.
But
again
you're
welcome
to
to
you
know,
vote
on
one
tonight
and
the
other
the
second
one
next
time
or
continue
tonight's
and
hear
them
both
on
the
same
evening
and
and
again
we'll
try
to
bring
some
more
information
for
from
the
city
attorneys.
As
to
whether
you
can
you
know
hear
them
both
that
simultaneously,
okay.
I
E
C
C
A
Think
it
just
makes
sense
to
continue
it
and
obviously
to
bring
it
all
together
and
I.
Think
Mr
Finn
you
have
some
good
I
mean
I,
see
some
pictures,
because
right
now
it
looks
like
a
giant
box
that
it
looks
about
two
inches
away
from
the
property
line.
I'd
like
to
get
some
visual
aspects
on
how
that's
going
to
be
kind
of
portrayed.
A
C
I
think
it
would
be
easier
again
for
us
to
to
consider
it
if
we
kind
of
had
a
visual,
especially
since
it's
it's
going
to
be
possibly
impact
a
bulk
plane
and
the
house
to
the
north,
so
anything
like
that
I
think
would
help,
but
any
any
other
nope
Mr.
We
we
can't
any
other
discussion
from
the
board,
or
should
we
just
vote
on
the
Continuum.
C
Yes,
I
would
I
would
rather
yep
I
mean
because
that
way
they
can
speak
to
the
holistic
case.
Just
like
we
can
okay.
So
to
me
that
makes
more
sense,
because
I
I
think,
depending
on
how
how
it
occurs
there
could
be
additional
evidence
and
things
to
consider
so
I
appreciate
the
public
attending,
but
if
they
could
make
it
next
month,
that
would
be
awesome.
D
D
C
Vote
Yes
to
approve
the
continuance,
so
this
case
will
be
continued
next
month
and
possibly
combined
or
at
least
maybe
here
at
once
and
have
two
motions,
but
we
will
address
that
when
we
get
to
it
so
the
public
case
for
number
case
number
VAR
2023-004,
the
applicant
is
Jason
and
Stacy
Coulson.
The
request
is
pursuant
to
section.
C
D
C
E
E
E
This
would
actually
be
a
a
second
extension
to
a
previous
variant.
So
let
me
just
talk
a
little
bit
about
the
previous
variances,
so
in
2020,
VAR
2020-008
the
board
granted
a
variance
that
included
some
conditions,
but
the
variance
was
to
encroach
into
the
side
set
back
up
to
3.1
feet
and
the
bull
clean
up
to
four
feet
for
a
second
story:
Edition
on
the
ex
or
the
existing
house.
E
The
condition
that
was
placed
on
it
was
that
the
variance
was
that
the
new
edition,
even
though
it
could
increase
approach,
as
stated
in
the
request,
it
could
not
be
taller
than
the
existing
house,
so
the
back
of
the
existing
house
had
already
had
a
a
second
story
to
it
and
whatever
was
done
with
the
new
edition
could
not
exceed
that
height.
That
was
the
original
condition
placed
on
it.
Then
in
2021
the
applicant
came
back
and
requested
a
variance.
E
The
same
variance,
but
but
without
the
additional
maximum
height
condition
that
that
limited
it
to
the
height
of
the
existing,
the
existing
house.
That
variance
was
denied
in
2021
and
then
us,
but
the,
but
the
original
variance
still
held
with
the
condition
that
it
not
be
higher
than
the
original
roof.
And
then
in
2022
the
Apple
can
requested
a
variance
for
a
one-year
extension
to
get
a
building
permit
and
begin
construction
on
the
original
variants,
and
that
was,
and
that
was
granted.
E
So
some
additional
time
has
passed
and
I
know
the
applicant
will
have
a
a
a
chance
to
speak.
I
know
they've
had
some
difficulty
with
their
with
their
team
and
they
do
have
a
building
permit
in
currently
that
was
last
comments
were
last
made
on
it
by
the
city
in
September
of
2022,
so
it's
not
approved
at
this
time.
E
D
C
C
K
D
L
L
D
C
C
C
Is
there
a
second
I
can,
second,
it
can
I
shall
I
I
should
be
able
to
Second
it
I'll.
Second,
it
all
right
discussion,
I
mean
to
me.
This
makes
sense,
I,
know,
contractors
and
and
buildings,
crazy
and
I
think
we
have
issued
other
extensions
before
I
think
there
was
the
crazy
lot
that
was
on
Hampton
that
had
the
slope
that
kept
I
think
I.
Who
knows
how
many
extensions
we
did
for
that
one,
but
but
to
me
this
this
makes
sense
any
any
any
more
discussion
on
it
questions
it.
C
A
D
C
C
K
C
What
what
we'd
like
to
do
is
we
would
like
to
hear
both
cases
and,
in
essence,
combine
the
hearing
from
two
cases
to
one
case,
but
then
have
two
and,
and
we
can
still
call
them
two
cases,
but
rather
than
you
know,
having
a
case
presented
voting
for
it
voting
on
it
then,
having
the
second
case
presented,
voting
on
it.
What
we'd
like
to
do
is
have
both
cases
presented
at
the
same
time
and
then
have
two
motions
on
both
variances.