City of Englewood, Colorado Board of Adjustment and Appeals, 13 Jan 2021

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From YouTube: Board of Adjustment and Appeals Meeting January 13, 2021

Description

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/104573?handle=AFA6D01A4D4D4AC99526A99BFD9BAF9C
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/104572?handle=5CCD854B20D9436ABC034FB22190F0D4

1. Chair Finn approved the agenda.

2. Call to Order

3. Approval of Minutes

4. Approval of Findings of Fact

5. Public Hearing:

Case VAR2020-010 Applicant: David and Abbey Dwyer Property: 4831 S. Jason St. Request: Variances to encroach 4 feet into the side setback, and approximately 18 feet into the front setback to construct...

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...

7. Staff's Choice

8. Attorney's Choice

9. Board Member's Choice

10. Adjourn

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/104573?handle=AFA6D01A4D4D4AC99526A99BFD9BAF9C
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/104572?handle=5CCD854B20D9436ABC034FB22190F0D4

A

A

A

Good evening, everyone.

A

A

So shelly, how many uh board members do we have in attendance tonight or should we have.

B

We we should have six, but we have five.

A

So, are we waiting on the sixth or who are we missing? We're.

B

Missing rieger, okay,.

A

We'll give him a couple more minutes, just in case he's late joining.

A

A

All right I'll give them one more minute.

A

All right, I guess we will go ahead and get started and if he joins we'll uh revisit how many members we have.

A

I called the board of adjustments and appeals meeting to order miss work. Could you please take the role.

B

Mr rieger miss schmitz.

A

She she's on mute, but.

C

B

D

B

Mr taylor,.

C

B

Miss hoffman chair finn.

A

uh Here so presently, there are five present uh members. Therefore, four affirmative votes are required to grant a variance or appeal.

A

And I need to have a motion and a second for the approval of minutes from december 9th.

C

C

E

A

C

A

I have a motion and a second we're gonna, do a voice vote um all in favor of approving the minute say aye. I any opposed all right, so those minutes have been approved.

A

So I have a approval for uh finding a fact case: var, zero, 20208, two, nine two five south bannock street. I need a motion and a second.

E

Second, I move to approve uh the findings of fact for case vir 2020-008 for 2925, south bannock street.

A

Perfect randy I'd. Take it here with a second all right, um voice vote, um all in favor, say aye aye, any opposed all right. No one opposed uh finding a fact for var08 29 25 south banik passes case var, 202011, 2880, south corona street. I need a motion and a second.

E

Move to approve the findings of fact for case var, 2020-011 for 2880, south corona street.

A

C

A

All right, we have a motion and a second uh voice vote, um all in favor of approval, finding a fact for uh var202011, say: aye aye any opposed all right. uh Those pass.

A

um We still did not have mr rieger so um again, there's uh five present. Four votes required. Affirmative votes are required to grant a variant for appeal. The board is authorized to grant or deny a variance by part, 3 section 60 of the englewood city charter. Anyone agreed by a decision rendered by this board may appeal that decision to a court of record.

A

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.

A

Building permits must be obtained and construction begin with 180 days of the variance of variance's, effective date procedure for the meeting is that the case will be introduced. An overview will be given by staff. Applicant will present their request and reasons the variants should be granted. Proponents will be given an opportunity to speak. Opponents will address the board if present and if needed, staff will address the board again.

A

So I will open case number var, 2020, 0, 1, 0, david and abby dwyer.

A

The variance is to encroach four foot into the side setback and approximately 18 feet into the front setback to construct a detached carport. This case is now open staff. If you could get sworn in and give us an overview.

A

Oh yep, I think uh chella you're muted. I can't hear you.

F

I'm ready whenever you are kelly.

C

Okay, sorry, sorry, I'm sorry! I.

B

F

I had my hand already and everything.

B

I couldn't see will so I was looking for him.

B

Do you swear firm and of the penalties of perjury that you will tell the truth and is proceeding before the board of adjustment and appeals? I do state your name. Please.

F

Will charles.

A

Yep uh staff um did you send out the verification of publication of posting.

B

We did this morning did okay.

A

Did everyone get that yes, perfect? Okay, we have that uh on record, go ahead. Staff awesome.

F

uh Good evening everybody uh yeah so as stated, uh this is for 4831 south jason street. This property is located kind of in the southwest region of the city, pretty close to bellevue park. It's located in the r1a zone district.

F

The property in question is about a 9 398 square foot parcel with a existing 1000, maybe about 1100 square foot. Single family residents look out on the property, I'm going to go ahead and switch over to sharing my squee sharing my screen to uh go through a little powerpoint, real, quick. um Let me pull this up.

F

uh Can everyone see that?

F

Yes, all right, um so let's go ahead and go into the next slide. um So, as I was saying, this look on south chasing street, it's approximately about 11 000 square foot uh house.

F

Currently it has a um an existing driveway on the front of the property, that's approximately about two feet from the uh north side property line um and then for the the property itself. It has a pretty significant grade change from uh from front to back.

F

If you remember a variance that we had a few a few months ago, I think one or two months ago for the neighbor. They had the kind of a sunken in garage to kind of give you an idea of the grade, change that um is on this on this street itself.

F

um As far as the variance that they are proposing, they are wanting to do a carport that would allow access off of this existing driveway so that they could access from the street with this carport, rather than having something off of the alley on the back side of the property.

F

As far as the variants for all variances, they are required to meet the uh four criteria, uh the first criterium being that unique physical conditions exist, such as size, shape, location topography uh or surroundings for peculiar to the land or structure involved which deprived the applicant or privileges enjoyed by other properties in the vicinity.

F

um Staff found that this property is unique, based on one being the grade, change that is on this property, but to being the location of this existing driveway from the owners they with discussions with the owners. It seems that it would be very difficult for them to put the carport any further back onto the property because of this grade change.

F

So that's why they're kind of wanting this front side variance and then for the side setback variants it would be requested because of where that existing driveway is currently.

F

The second criteria is that variance is consistent with the intent of the zone. District regulations to secure public health safety and welfare staff do not find any issues with the variance in keeping with public health, safety or welfare.

F

The third criterion is that the variance does not permanently impair the use, um prepare the use or development of adjacent conforming properties or alter the essential character of the neighborhood, as as shown in this slide, they've secured neighbor notifications from all those surrounding this property and then as well. This area is all developed single family, residential houses that all have a pretty significant distance between the property line and the back of the back of the walk.

F

I believe in the um in the applicant's um letter that they wrote. I believe it's something about like 20 feet between the back of the walk and where the property line is on these properties. um I'll have to check on that in just a second, but it is a pretty significant distance between those two lines.

F

Then. The fourth criterion is that this is not a self-imposed difficulty or hardship staff found that the location of the existing driveway, with along with the slope change on this property, make this not a self-imposed difficulty or hardship.

F

For these reasons, staff would recommend approval of the variants, be happy to answer any questions you might have.

A

Any questions for staff at this time.

F

And I'll go ahead and get off this just so we can see everybody and then, if you need me to come back, let me know: okay.

A

All right, I don't see any questions for staff.

A

So if the applicant could please uh come forward to testify in the case and you'll be sworn in by the secretary, please state your name and address and the secretary will administer the oath.

G

Yes, um david dwyer present.

B

Do you swear our firm and the penalties of perjury that you will tell the truth is proceeding before the board of adjustment and appeals.

G

B

Please state your name and address.

G

My name is david dwyer and I am the owner of 4831 south jason street.

B

A

Hi, mr dwyer, so we got your packet, but uh if there's anything high points you'd like to hit or if there's anything, that's not in your packet. That you'd like us to consider now would be the time to state.

G

um I just want to make sure when we gave you the packing. We also had provided photographs of the the style of carport that we wanted to um build, and that was what we gave to the neighbors and the surrounding houses they liked it and they, you know, approved, or they agreed to what we were proposing.

A

I am not sure we received those photographs.

G

Okay, they may have been attached to the the plan sheet or to the permit sorry, the variance application, possibly but.

F

G

A timber style carport not like a not like a you know a whole tent canvas thing. um I think other than that. When will was explaining where the property line is. We didn't know that when we first applied for the the variants, but the uh the city right-of-way or the property line is actually like, as he said, it's about 15 feet in our front yard, um behind the behind the curve or behind the um uh sidewalk.

A

So that would be so from the sidewalk. It's about. uh You said the property line's about 15 feet from the sidewalk or the curb.

G

Correct 15 feet into the front yard, so we were not aware of the front property encroachment.

G

We had anticipated being able to put the the carport up, you know fully within the boundary and the setback, but we didn't realize that the property lying was so far into the front yard. Okay, I understand.

A

G

A

The reason for.

G

The second variance.

C

Actually, it does look like there's a couple pictures that depict that in about the last page of the document that was sent out, the pdf.

G

And I it's it's probably worth noting also the slope that mr charles had mentioned that begins immediately behind the white fence at the existing driveway and it's a it's a drastic slope to the backyard. It's about 12 feet over a 30 foot, distance.

D

I believe you have a garage behind there is that correct.

G

Yes, there is a garage on the rear of the property, it is not attached to the house and it is on the low end um and again that is only way access as well. We do not have a as you're, probably aware we don't have paved alleyways in this division.

G

All of the uh all the trash pickups and everything are required through the front street.

G

D

We can't hear you tom, if you're talking.

A

I was, it was very smart. What I was saying um are there any other uh questions from the board for the applicant? At this point,.

E

uh Yeah, did you investigate at all what it would take to uh fill in the portion to bring the the carport back uh to comply, potentially with the front setback.

G

uh I did not for several reasons um there is. uh That is where the air conditioning unit is immediately behind the fence. We've also got um a deck, that is on the back side of that fence and a window um from in the basement where it looks out to the lower portion of the yard. So that would end up that would have had been filled in and completely covered.

E

G

And probably structurally modified as well.

D

Do you know what the distance is from the property line to your house currently.

G

um I believe it's 25.

A

A

Any other questions for the applicant at this.

A

Point right, mr dwyer, I think uh for the time being, that is it.

A

Are there uh shall we do? We know if there's any um persons present to speak in favor of this request.

C

Tom, this is nancy.

A

C

Happy new year forward, there's no one here at the civic center. That wishes to speak.

A

And there's no one for or against I'll I'll save you another visit.

B

A

B

C

A

So there's uh no one present to speak in favor opposition staff. Any additional comments.

F

um Not unless you have any further questions.

A

I have a question.

A

So, even if the carport is attached that doesn't matter for this right.

F

Yeah, the setback would be the same. um So if it was attached it would be considered part of the principal structure which would make it 25 feet uh if it's detach it. The the code says it's a 25 foot setback so it'd be the same regardless.

F

There'd actually be a more severe experience on the side setback, though, if it was attached.

A

What would be the side setback that was attached just.

F

Curious if it was attached, it would be a. um I believe this. I think this property is seven uh 74 feet wide, um so it would be a seven. Maybe a five foot setback on the side.

A

And isn't that what we are we're at.

F

No, that is right. Sorry, I'm okay. This is the only zone district where the uh attached or detached structures are five instead of three.

A

This is, this is not a quiz, I'm.

F

A

Very well, if it is uh any other questions for staff from the board at this point, is.

E

This an unusual situation to have the front property line so far back from the sidewalk.

F

um I I definitely have not seen very many that are that. Are that big? um You know there are some areas like that. I feel like in the northern northeastern part of the city where it's all these r1as. I don't know if it's maybe just the streets are smaller, where the right of ways are still the same size, but the actual street itself is smaller or something, but I r1as are kind of the only ones where I've seen it. Where they're this significant of a of a front distance.

A

And and staff, I have a question for you, so I know that we're rewriting parts of the code right now.

G

A

There anything that's been discussed about anything that might pertain to this case about being rewritten.

F

Not that I'm aware of now.

A

Okay, thank you any other questions for staff. At this time,.

A

I see that we do not have any other questions. Thank you, mr charles. Thank you. um So the public hearing is now closed.

A

I need a motion and a second for discussion.

C

C

A

Okay, I move I I. I will accept your motion on the condition that, when we vote it does not go to ms schmidt. First.

C

I'll move, but I won't, I won't reason. Okay, um I move uh that a variance to encroach four feet into the side setback and approximately 18 feet into the front setback to expect to detach carport is approved for the property at 4831, south jason street ingwood.

C

This is the variance to table 16-6-1.2 of the inglewood municipal code.

A

I need a second second. We have a second discussion.

D

It seems like a um precedence setting carport I mean I don't know of any place else around that comes that far out into a front setback, so I've got some heartburn about that. um I just think it's changing the intent of pretty much everything there. We'd have to improve all sorts of things. If we essentially allow a five foot step back front set back.

D

I don't know how that ties into the criterion, particularly other than it's not consistent with his own district anywhere.

C

So help me out everybody what's what's odd about this lot is the property line is back and there's slope in the back? No on the.

E

Side too yeah. That is correct. I mean the I I I that's where my struggle is too normally. It feels like our struggle is with criterion one about unique physical conditions. We've got those with this front lot line being back and with the grade, but I am struggling with.

E

um I think it's the third criterion as well, about uh the character of this zone district and putting a card out so much further than the rest of the structures along in the zone. District.

D

I would also say that all those properties along there have the slope. You know I mean I'm not sure it's really unique to it would be unique to my property or I'm on a flat piece of land. But everything along that street, pretty much from north to south, is has the same slope issues.

C

Randy, do you see any distinction between the variance in the front, sip back variance? Is that what you were saying.

C

Like do you see, one is justified and, and the other not or are you view.

D

You're asking me or brendan.

C

I think randy or brendan.

D

I think yeah to me. I don't, I think it's too close to the front property like uh so I have that's what I have the biggest objection to the side. Yeah, it's tough. I mean it doesn't really allow much more width than that because, but they have lots of width to begin with, that, smaller lots don't have.

E

I struck, I actually struggled with the first criterion related to the side setback request that just the fact that there's an existing driveway there, I that didn't seem.

G

E

Unique of a physical condition to me um as if there was something else more structurally or with the lot itself.

C

I'm trying to think so um when we've continued lines of things, it's generally not something new, it's replacing something that needs replacing. Sometimes, we've gone up. Second floors that have kept the same lines. Is this similar or different from those.

A

Yeah to me, it's different for the some sake that I think usually when we continue the same lines. It's a structure we're here. I think the only line we're trying to continue is the driveway.

C

um Oh, I see okay.

A

Yeah because since it's unattached I mean they're putting it where the the driveway is existing.

A

I mean I would have.

A

You know I mean I understand that the garage is at the back, but I I have a, I think, a bigger problem with the side set back than the front um and just kind of the car port. Again, I I'm not sure it fits into kind of the general aesthetics that are there.

D

I guess my point is if we allow this carport here, we're gonna have to allow one for every house in englewood, because I don't really see any.

A

A

Yeah, I I struggled with this one, but I think I agree with you. I have a hard time figuring it out. I mean if they didn't have access to the alley. I think that changes stuff, but I mean there's a garage in the back there's other things you could do.

C

C

Neighborhood notification map photograph that we have- and I know it's a small parameter, but within that parameter it doesn't appear, there's any carports. So just like randall was saying it would be setting a precedent.

A

Yeah, I don't see any in the in the photo.

A

A

Any other discussion, or do we vote at this point.

A

I don't see any other discussion.

A

um Secretary uh miss work uh if we could do the vote, call.

B

E

um I voted no, while the first criterion uh may be met in regards to unique physical conditions with the slope and uh the front pro or the property line along the east side of the lot.

E

I could not see that the third, uh the third criterion, could be met, that this would impair or alter the essential character of the neighborhood.

B

C

I concur with andy that it's the third criteria that it just doesn't meet.

B

Mr friesen.

D

I also agree with mr taylor: I don't really think it's a unique condition during the street or that particular zone of englewood, and I also think it will be altering the character. A neighborhood.

B

Miss schmitz vote.

C

No for the reason.

B

Stated chair finn.

A

uh I also voted no for the reason stated.

B

Motion fail: zero, four.

A

So this kate this case is closed. um Staff's choice, mr charles.

F

um I I don't have anything uh further to add. I don't believe we have any cases coming next month unless shell you've heard of any.

B

F

Other than that, that's it.

A

That is not a bad thing to hear dugan if you're actually online. Do you have anything for us.

C

I do not, I would love to just add to the equations of our meeting tonight, but I just don't have anything to provide, I think, do again. We need to check in on the hair and beard.

D

Right am I catching us put on.

C

Okay: okay, all right, very good, very good. Thank.

A

C

I still have hair, I still have beer. Well, I have a goatee. I don't really have a beef. Okay.

A

Okay um board's choice, anything from the board this evening, all right, I again I thank everyone for uh their time and their effort. um We will perhaps see you in about 60 days thanks. Everyone see ya.