►
From YouTube: Board of Adjustment and Appeals 14 Dec 2016
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/13365
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/13363?handle=D7A4DACBD24A4410BB77B8E568F957EA
Minutes PDF: https://englewoodgov.civicweb.net/filepro/documents/20501?handle=70A458D65EF745B9B6E3D665D76F1FD5
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. Chair Green stated there were six mem...
2. Public Hearing:
Case VAR2016-016 Applicant: Carleton Pierson Property: 2946 South Lincoln Street Request: Encroachment into front setback Staff Contact: Jeremy Lott, Planner I Chair Green opened the public hearing st...
Ms. Flynn stated she voted no. There is no guarantee the tree will survive construction, nor does it make the property unique. The structure could be redesigned to meet the setback. The variance is no...
3. Approval of Minutes
TO APPROVE OCTOBER 12, 2016 MINUTES.
4. Approval of Findings of Fact
APPROVE FINDINGS OF FACT IN CASE #VAR2016-014, 4975 SOUTH GALAPAGO STREET
5. Staff's Choice
Two cases are scheduled for January 11, 2017.
6. Attorney's Choice
Mr. Comer had nothing further.
7. Board Member's Choice
The Board asked staff to continue to include both the aerial and Google maps. Chair Green thanked Ms. Purdy for organizing the Board's holiday dinner.
8. Adjournment
The meeting adjourned at 8:05 pm.
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/13365
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/13363?handle=D7A4DACBD24A4410BB77B8E568F957EA
Minutes PDF: https://englewoodgov.civicweb.net/filepro/documents/20501?handle=70A458D65EF745B9B6E3D665D76F1FD5
A
Call
to
order
the
meeting
of
the
Board
of
Adjustment
and
appeals.
There
are
six
members
present
there
for
five
of
Ehrman.
Affirmative
votes
are
required
to
grant
a
variance
or
appeal
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
will
not
be
issued
until
the
appeal
period
has
ended.
Building
permits
must
be
obtained
in
construction
begun
within
180
days
of
the
variances
effective
date
will
open
the
public
hearing
for
a
case.
Staff
will
give
us
an
overview.
The
applicant
I'll
have
a
chance
to
come
forward.
Anyone
who
wishes
to
speak
for
and
again
still
have
a
chance
to
come
forward
and
then
we'll
touch
base
with
the
staff
again
close,
the
public
hearing
the
board
will
discuss
and
vote.
We
please
take
role
in
this
been.
B
C
D
E
A
F
F
Our
current
GIS
system
is
being
a
little
wonky
lately,
so
we
decided
to
go
with
the
Google
aerial
this
time
around.
As
you
can
see
here,
the
area
is
comprised
of
single-family
and
multi-family
unit
residences
kind
of
kind
of
mixed
mixed
at
or
mixed
through
the
zoning
on
this
subject.
Property
is
r2
r2,
be
the
zoning
across
the
street
is
zoned
mu,
r3,
a
they're,
similar
zone
districts
when
you,
when
you
are
building
duplexes
and
triplexes
of
of
what
you
see
in
this
application.
F
There
were
a
total
of
eight
neighbor
notifications
included,
were
submitted,
I
believe
it
was
yesterday,
and
so
six
of
them
I
could
map
here.
One
I
believe
was
a
tenant
and
one
did
not
have
an
address
associated
with
it.
I
believe
the
applicant
can
point
out
where
that
person
might
be,
we
didn't
get
in
location-wise.
F
F
Okay
continuing
so
this
is
a
site
plan
that
was
submitted
with
the
application.
There's
been
no
building
permits
submitted
yet,
but
this
is
what
was
submitted
with
the
application:
a
very
standard
single
unit
attached
development,
that's
permitted
in
the
r2b
zoning
district
and
the
variance
request
is
to
reduce
the
front
setback
from
25
feet.
F
F
A
F
F
A
F
Now,
if,
if
so,
the
provision
for
the
front
porch
only
pertains
to
the
first
storey,
so
second
stories
can't
protrude
into
the
that
25
foot
setback,
but
I
believe
on
this.
That
centerpiece
goes
all
the
way
to
the
second
story
at
the
top
of
the
second
story:
okay,
so
that
would
be
visually.
The
main
difference
from
the
street
I
believe.
G
The
staff
report-
that's
for
that
the
applicant
is
asking
for
a
variance
into
the
frame
setback,
but
would
there
be
a
way
to
prevent
additional
encroachment
from
a
porch,
an
additional
five
additional
into
that?
Just
the
way
it's
worded
now
it's
it
could
come
in
again
with
a
additional
intrusion
into
that
yeah.
D
F
A
F
A
D
D
Yes,
so
the
request
for
the
variance
is
it's
a
very:
we
have
no
other
than
that
front.
Porch,
that's
five
feet.
You
know
that
creates
the
exception
to
the
variance
the
rest
of
the
house
sits
back
at
the
25
foot
level.
So
it
wasn't
for
that
front.
Porch
and
the
design
where
the
two
entries
are
on
both
sides
variance
wouldn't
be
needed,
and
then,
if
we
had
to
push
that
back,
another
five
feet
the
base
of
this
tree
right
now,
if
you
granted,
the
variance
would
be
about
ten
feet
from
the
back
of
the
house.
D
A
The
part
that's
requiring
the
variance
that's
between
the
two
front.
Porches,
it's
kind
of
the
barrier
between
the
two
duplexes
is
that
what
you're
saying
so
the
porches
are
in
the
five
foot
that
would
be
okay,
but
the
part
that's
requiring
the
variance
is
the
part.
That's
between
the
two
porches
yeah.
D
D
D
You
had
a
better,
better
scale,
the
property
to
the
house
and
be
cognizant
of
the
neighbors
and
sunlight.
We
thought
we'd
do
two-story
instead
of
three
and
so
that
roof
line
is
20
feet
and
and
then
you
can
see
that
front
door.
Section
just
goes
up
to
the
top
of
the
front
of
the
house,
so
that's
the
only
part
encroaches
I.
Think
it's
what
you
were
asking
me
yeah.
So.
A
D
C
C
B
D
Just
yes,
it's
not
it's
not
proper
to
scale
yeah,
so
it
would
be.
The
garage
will
be
in
line
with
all
the
other
garages
in
the
single-family
residence
to
the
north
and
the
triplex
is
their
garage
well,
it'll
all
be
in
the
same
line
and
it'll
be
another
ten
feet
back
from
where
that
existing
garage
is
in
line
with
all
the
others
within
code.
H
A
D
D
That's
so
the
the
neighbor
directly
behind
to
the
east.
That's
it's!
The
renter
that
had
the
names
of
the
the
owners
of
the
property
I
wasn't
able
to
reach
them,
but
he
was
a
big
fan
of
keeping
the
tree
matter
of
fact,
when
I
knocked
on
her
door,
she
said
she
said:
I'm
hoping
you're,
gonna
save
that
tree
so
well
by
and
large,
the
neighbors
all
the
way
around
were
all
in
favor.
D
I
Jeremie,
let
camilla
2856
south
Lincoln
I'll,
be
very
honest
with
you.
I
had
a
speech
drafted
up
for
you
guys,
and
it
was
very
much
opposed
to
allowing
this
variance.
However,
listening
to
a
lot
of
this
now,
I
want
to
hit
on
a
few
points,
but
it
has
kind
of
swayed
what
I
think
I'm
I
actually
applaud
the
developer
for
trying
to
conserve
some
green
space.
I
I,
don't
know
how
where
you
folks
are
of
what's
going
on
in
this
neighborhood
redevelopment
wise,
but
my
family
and
I've
been
pretty
involved
with
watching
and
monitoring
this,
as
it's
been
a
ravaged
neighborhood
from
Yale
to
Dartmouth
on
Lincoln
and
Sherman,
there
have
been
30-plus
properties
that
have
been
converted
to
duplexes,
which
is
absolutely
astronomically
astounding.
My
dream
would
be
to
not
demolish
any
more
properties
and
put
up
any
more
duplexes,
but
that's
certainly
within
a
property
owners
right,
so
we're
obviously
not
gonna
change
that.
I
What
I
will
say,
though,
is
that
I
do
applaud
the
developers
for
trying
to
conserve
some
green
space
such
as
a
tree,
and
why
not?
That
was
one
of
the
points
that
I
was
hoping
to
make
tonight.
Mr.
reason
to
not
do
that
so
kudos
for
for
doing
that,
it's
it's
kind
of
one
of
those.
You
know
we're
all
familiar.
If
you
give
a
mouse
a
cookie,
it's
been
one
of
those.
If
you
give
a
developer
a
variance,
they
kind
of
go
crazy.
I
This
certainly
is
the
exception
to
the
rule,
but
I
had
no
way
of
figuring
that
out.
So
if,
if
there's
any
way
that
we
could
make
it
I've
looked
through
the
website,
I
think
it's
probably
there,
but
it's
not
readily
available.
So
that
would
be
one
thing.
I
would
encourage
that
that's
a
little
bit
more
readily
available
to
the
public
so
that
we
know
you
know.
Obviously
my
speech
means
pretty
much.
Not
much
so
I
would
encourage
that.
Thank.
A
I
A
A
I
Sure
so,
yeah
and
I
just
certainly
hope
on
the
the
developers.
Think
is
a
pretty
ravaged
and
brutalized
neighborhood
at
this
point.
So
during
the
construction
process,
hopefully
it
can
be
kind
of
peaceful
and
clean
and
an
able
to
pedestrians
and
noise
and
whatnot
so
other
than
that
I
I
do
applaud
that
and
hopefully
the
the
tree
is
healthy
and
can
stay.
That
way.
Thank.
E
The
feeling
of
the
neighborhood,
which
is
I,
grew
up
in
Philadelphia
in
an
area
in
West
Philly,
where
houses
were
built
right
practically
up
to
the
sidewalk,
and
it's
a
definitely
changes
your
feeling
of
spaciousness
in
the
neighborhood
and
so
I'm
I
I
think
I'm
against
it.
For
that
reason,
but
basically
I
came
because
I
didn't
know
what
it
was.
What
the
variance
was
about
so
I
think
I
would
appreciate
if
in
communicating
to
when
these
things
arise.
E
A
I'll,
do
my
best
to
explain
my
perspective
on
what
they're
asking
for.
Could
we
go
to
the
slide
that
looks
like
it
shows
this
Thanks,
so
I
mean
they
are
obviously
trying
to
maximize
building
space
for
what's
legal
and
what
they're
to
do
that
they've
designed
out
this
is
my
perspective,
just
personal,
and
what
I'm
trying
to
describe
to
you
so
the
size
of
the
building
fits
within
all
the
rules.
A
Okay,
but
there's
a
there's
a
rule
in
the
building
code
that
the
front
of
it
has
to
be
25
feet
back
from
the
border
of
their
property
right
and
they're.
The
the
rule
also
allows
it
to
be
only
20
feet
if
it's
a
porch
and
that's
only
for
the
first
storey,
but
in
this
case
they
want
to
have
the
part
of
the
entire
structure.
Both
bottom
floor
and
top
floor,
be
20
feet
instead
of
25
feet
from
the
front.
So
it's
not
right
up
to
the
front.
A
It's
still
20
feet
back
and
the
reason
that
they're
saying
they
want.
That
is
because
they
want
to
still
maximize
the
size
of
the
building
that's
allowed
on
the
property,
while
also
saving
that
tree,
so
if
they,
if
they
had
that
maximum
size
of
building
on
the
property
out
the
25
foot
setback
based
on
what
they've
told
us
from
what
the
arborist
said,
it
would
be
harder
to
keep
that
tree
alive
and
it
is
one
of
the
larger
trees
in
the
area.
A
If
you
go,
you
know,
I
went
and
by
and
looked
and
I
saw
that
at
least
that
end
of
the
block
it's
one
of
the
larger
trees,
that's
there!
So
that's
what
they're
saying
so
that
we
did
ask
the
question:
couldn't
you
make
the
building
smaller?
Nobody
wants
to
make
the
building
smaller,
because
people
want
to
make
you
know
maximize
property,
value,
etc,
but
that
is
possibility.
A
They
could
save
the
tree
and
have
a
smaller
building
they're
choosing
to
pursue
this,
and
you
know
keeping
the
building
that
they
want
and
keeping
the
tree
and
having
this
variance.
So
that's!
What
it's
about
is
it's
about
a
five.
It's
about
the
part
of
it
that
sticks
five
feet
into
the
twenty
five
foot.
Setback
on
the
front,
so
it'd
still
be
20
feet
back,
but
it's
not
25
feet
back,
which
is
what
current
is
does.
E
C
C
The
first
criteria
is
that
unique
physical
conditions
exist,
such
as
size
shape,
location,
topography
or
surroundings,
which
are
peculiar
to
the
lander
structure
involved,
which
deprive
the
applicant
of
privileges
enjoyed
by
other
properties
in
the
vicinity.
The
second
is
that
the
variance
is
consistent
with
the
intent
of
the
zone
district
regulations
to
secure
public
health
safety
and
welfare.
The
third
is
that
the
variance
will
not
permanently
impair
the
user
development
of
adjacent
conforming
properties
or
alter
the
essential
character
of
the
neighborhood,
and
the
fourth
is
that
the
variance
is
not
a
self-imposed
difficulty
or
hardship.
C
E
E
D
J
I've
got
a
drawing
here
that
I
submitted
a
couple
years
ago,
showing
that
probably
75%
of
all
the
houses
along
the
block
are
already
at
20
feet
and
in
Denver
the
zoning
code
is
20
feet
and
it
seems
to
me
that
Englewood
is
definitely
a
follower
of
kind
of
what
Denver
does
and
without
a
doubt
you
know
with
the
bulk
plane
changes.
It
seems
like
20
feet.
It's
going
to
be
here
before
we
know
it.
So
it
might
be
time
just
to
kind
of
say:
let's
go
there
with
it.
J
Know
I
know
just
just
pointing
out,
you
know
some
stuff
and
then
because
I
built
the
house
to
the
north
of
this,
and
that
actually
is
just
kind
of
a
one-story
raised
ranch.
The
owner
of
that
now
can't
be
here
tonight,
but
you
know
he's
very
worried
about
his
sunlight
and
and
just
how
the
duplex
will
affect
his
environment.
So
I
also
just
did
up
a
little
sketch
of
how
I
thought
the
duplex
could
shift.
D
B
F
F
B
A
H
G
Would
just
be
concerned
that
if
we
gave
this
variance
that
when
things
do
come
in
for
a
building
permit
whatever
that
that
there
could
be
an
additional
encroachment
into
the
beyond
that
for
some
sort
of
overhang
or
porch,
if
we
are
just
giving
it
I,
know
we're
looking
at
a
site
plan
now.
But
if
we're
just
saying
right.
H
A
H
Right
so
I
will
attempt
to
Donny
to
withdraw
the
motion,
all
right,
friendly
amendment
that
the
case
var
2016
zero
one
six
be
granted
a
variance
to
encroach
5
feet,
3.5
inches
into
the
required
25
foot
setback
that
will
include
any
porch
and
no
porch
or
other
structure
will
be
allowed
to
encourage
them
to
the
front
setback.
It's
very
sloppy.
A
C
D
J
C
C
H
I,
don't
I,
don't
think
it
meets
the
first
criteria
at
all,
I
mean
I,
don't
see
how
the
problem
is.
Is
it's
a
large
tree,
but
a
large
tree
can
die
or
be
cut
down
and
it's
going
to
change
in
the
past.
When
we've
considered
a
tree
in
this
process
it
hasn't
been
a
scrape
and
it's
been
an
existing
structure
and
someone
was
trying
to.
J
H
An
addition,
this
is
a
scrape
so,
in
my
opinion,
yeah.
If
they
want
to
save
the
tree,
they
need
to
design
around
it
and
there's
no
guarantee
even
that
they'll
save
the
tree
when
you
start
digging
out
a
new
basement
and
you
start
yeah
and
and
and
you
start
now,
you
put
another
garage
and
you
have
construction
equipment
around.
You
know
as
much
as
I
would
love
to
see
the
tree
say
something
could
happen.
Yeah.
C
G
B
B
There
is
no
guarantee
that
we'll
survive
construction,
nor
is
it
unique.
Other
properties
have
trees.
You
can
design.
Second
criteria
variance
is
consistent
with
the
intent
of
the
zone
district.
It
doesn't
seem
like
there's
many
consistencies
right
now,
so
no
third
criteria
is
that
will
not
permanently
impair
the
user
development
of
the
adjacent
performing
properties.
Well,
there
is
a
house
to
the
north
that
would
be
impacted
by
this,
as
well
as
the
surrounding
homes,
and
the
fourth
criteria
is
not
a
self-imposed
difficulty
or
hardship.
They
could
lessen
the
structure
five
feet.
A
Korean
I
voted
no,
for
the
reasons
stated
and
you
know
I'm
actually,
I
live
in
the
neighborhood
and
I
appreciate
trying
to
save
the
tree
that
it
is
one
of
the
larger
trees
in
the
area,
and
you
know,
speaking
for
myself,
I
enjoy
I
appreciate
the
trees
but
I
it's
not
something
that
falls
into
what
we
can
justify
variance
for.
So
thank
you
and
smart
stands.
H
H
A
H
A
A
F
A
A
A
F
C
A
Right
is
there
a
motion
to
adjourn?
Does
anyone
on
the
board
have
anything
I
apologize,
I'd
like
to
say
thank
you
to
miss
Purdy
for
organizing
the
dinner
and
only
people
who
came
or
mr.
Freesat,
and
this
Purdy
and
I
encourage
you
guys
to
come
next
rate.
It's
kind
of
nice
to
have
a
chance
to
like
get
to
know
each
other
outside
of
the
board
and
I
also
feel
like
you
know,
I
guess
this
is
my
thing
for
the
board.
You
know.
Mr.
Smith,
you
was
the
chair
for
a
long
time
frequent.
A
We
would
invite
everyone
you
know
to
go,
have
a
drink
after
and
and
that's
kind
of
how
I
got
to
know.
People
and
I
I
appreciated
that
and
I
haven't
really.
You
know
personally
instigated
that
and
I'd
like
to
put
that
out
there.
If
anyone
is
interested
in,
you
know,
meeting
up
afterwards
for
a
little
bit,
I'm,
certainly
open
to
hanging
out
I'll
kind
of
talk
to
you
guys
individually
or
if
anyone
has
any
input
for
it
feel
free
to
say.