City of Englewood, Colorado Board of Adjustment and Appeals, 10 Oct 2018

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Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/55410?handle=6D88120A4DCF42A4A528E100243ECD09
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/55409?handle=D92FD065D0B54985B08CD7C22916AF2E

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, Vice Chair Friesen presiding. Vice Chair Friesen stated ther...

2. Public Hearing:

Case VAR2018-009 Applicant: Richard Olson Property: 3969 S. Bannock St. Vice Chair Friesen opened the public hearing stating he had proof of posing and publications for the case. He introduced the cas...

3. Approval of Minutes

APPROVE THE JULY 11, 2018 MINUTES AS WRITTEN

4. Approval of Findings of Fact

APPROVE THE FINDINGS OF FACT FOR CASE VAR2018-006 3246 S. LINCOLN ST.

APPROVE THE FINDINGS OF FACT FOR CASE VAR2018-007 2921 S. WASHINGTON ST .

5. Staff's Choice

6. Attorney's Choice

7. Board Member's Choice

8. Adjourn

The meeting was adjourned at 8:00 PM.

Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/55410?handle=6D88120A4DCF42A4A528E100243ECD09
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/55409?handle=D92FD065D0B54985B08CD7C22916AF2E

A

I see that we are at 7 o'clock, so yeah call the meeting to order.

A

There are six members present tonight, so affirmative votes required would be five votes out of the six people. The board is authorized to grant or deny a variance by part three section 60 of the ulid City Charter. Anyone aggrieved in the decision rendered by this board may appeal that decision to a court of record. However, such a an appeal must be made within 30 days of the Board's decision.

A

The variance is effective at the end of the appeal of the appeal period and the building permits for construction associated with the approved variance will not be issued until the approval period is ended, building permits must be obtained and construction began with 100 180 days of variances effective date. The procedure for the meeting is the case will be introduced by the staff for an overview applicant will be asked to present and request their reasons for the variance and proponents will then be given an opportunity to speak as well.

A

Opponents, and after that, the staff will redress the board.

A

The fifth, the.

A

Public hearing for case var, 2018 zero, zero, nine with a applicant of Richard Olsen property at 3969.

A

I'll go ahead and finish this multi-role. The questions are: variants for attached covered porch to encroach fourteen feet into the required twenty five foot setback, but we do need to take role first,.

B

Mr. Rieger president smith's doesn't miss Flynn president, mr. el strim, here.

C

B

Taylor Zelda Warren here sheriff in.

B

Vice Chair present.

A

A

So staff tell us it on this.

B

Do you swear or affirm under the penalties of perjury, that you would tell the truth in this proceeding before the board of appeals, an adjustment I do.

D

B

Your name will.

D

D

So this is a variance that was requested to encroach 14 feet into the required 25 foot front setback for the r1c zone district, and this is a variance to table 16 6 1.1 of the England musical code, and this is for 3969 south panic. This property, along with all property surrounding it, are located in our r1c zone district, which is for small Lots single-family residential.

D

This property, as well as all surrounding properties, were also part of the original city of Inglewood.

D

This property is six thousand two hundred and fifty square feet with an existing 1188 square-foot house located on it. The proposed addition would be for two hundred and forty-three square-foot porch to be added to the front. This porch was partially constructed before the building Department issued a stop work order and informed the winner that he would need to pull a permit for this property for this project and the perch is nearly constructed, but, as you can see, it encroaches about 14 feet into the front setback.

D

D

The front porch actually covers the existing uncovered porch that was there previously the foot or so that you would need for the the pillars or the the posts. The location of the existing principal structure on the slot is what makes this property unique as the parental structure is located now, there'd be no room for a covered porch, without a variance how the house is already encroaching.

D

The setback most of the homes in this block as well have covered porches, as you can see that the porch would kind of be in line with the neighbors that currently already have them. This house is already encroaching by five feet as about thirty four feet from the back of the curb.

D

Additionally, the new front porch will permit more interaction with the front of the house in the neighborhood.

D

Additionally, this staff does not feel this a self-imposed hardship principle structure already encroaches five feet into the front setback and without many sort of variance this house would not have the ability to have a covered front porch as additionally, the house was also created in 1916, staff, recommends approval of a variance for reasons already stated and I can answer any questions you might have.

E

So the existing uncovered porch we're assuming was with the 1916 construction.

D

I'm not sure if it was with the 1916 construction, but a yeah it is. It was an existing porch that was just a non-conforming based on this setback.

A

So how wide is the porch I mean deep on the property? Is so you know the house sits back or six five feet forward, then? How much more is they right.

D

So it was 20, so the 13 broaching 5 feet into the setback and this would be for a.

D

Cover departure, crotch, 14 feets, and it would be a 9 foot, porch I believe.

C

D

Applicants here as well, if I've missed dated that.

A

Have to be sworn in, Pearson.

A

Any other questions for staff at this point.

A

A

The applicant may come forward and please tell your name.

B

F

Oh 3969 south banner okay.

A

We have aphid ate of publication on this. We don't have certification of posting. Did you post the property with notice of Zoning? No.

F

Because, as I was getting bids, none of the contract contractors told me that there was supposed to be any and I'm.

A

Asking about the certificate of posting that there's gonna be a good day; okay, so you have certificate of that, but well I.

F

Didn't know it now, I have to go, we go get it. I have to do it tomorrow. So.

A

Can you bring that in tomorrow, then I will okay, it's a little bit unusual, but we'll probably work with that and if it doesn't become legal, then we'll have other issues, but all right so go ahead and present what you know tell us about the property I.

F

Stated that when I was getting contract bids for that, how for this porch I was going under the understanding that everything was in in line, and it was until I was this until the porch was almost done, that I? Really? No! No! That I was in Bear invariants of the core of the law and and and then and the fact that the existing slab is only a foot back from the edge of the porch.

F

A

The new parts comes out of vitae.

F

A

And how wide is the porch, how deep from front to back front.

F

Front to back this 9 feet.

A

Anything further you'd like that or no okay, any questions other.

F

Than my neighbors think it's the greatest thing, they happen to the neighborhood.

F

My one neighbor wants to have a party I.

E

Have a question: do you plan on screening the sin or me.

F

It's the way it is so.

E

Just with the just with a nice railing in the cupboard, yeah, okay, thank you.

A

Any other questions. Okay, thank you. Thank you.

A

Is there anybody that would like to speak in favor of this.

A

All right anybody would like to speak against this.

B

Do you swear affirm.

B

G

Name is Alice cameto.

B

G

Is three 962 South Bannock Street a couple words compared?

G

My wife and I have lived in Colorado for ten years for the majority. At that time we lived in apartments in both Lakewood in Littleton, but when it came to set roots and become homeowners, Inglewood was always first and last choice.

G

Inglewood, always appeal to us because of its unique vibe and aesthetic its close proximity to downtown and the growing small businesses.

G

The line South Broadway over the four plus years we've lived in Inglewood we've had we've, come to appreciate and rely upon a growing sense of community neighbors, helping neighbors from keeping an eye on houses when neighbors are out of town to help him with snow shoveling or a yard work or staying connected and reassuring of each other's safety during flash floods, storm conditions we've also gotten to know and rely upon upon members of law enforcement, animal control and code enforcement.

G

We've had nothing but amazing experiences with all these branches of service for Inglewood and through those experiences have grown to see great value in all of them. Keeping things within the parameters of the codes developed by Englewood is a part of what makes the neighborhoods safe and on the rise.

G

Part of what makes angle great is that every home is unique. Its yards, porches fences and decor are a big part of what makes the city so special, but there are codes and rules for a reason. My values as an Inglewood homeowner and residents line up with the existing codes.

A

A

So you're on the same block there and you know like it's too much for her out of your comfort zone for your bar Caroline.

G

G

A

A

Do we have further questions for staff? Yes, please.

A

H

I

Can you go back to the picture that shows what's actually been built, yeah so other than the issue with the coachman and the step back? Is it otherwise meeting building code? Ors are gonna need to be modifications to it.

D

No this basically, besides this, they have applied for a building permit at this point in which cases where zoning was made aware of it, so we're the only department that has any issues with it at this point and the issue being the variance application.

E

Okay, so to confirm, the building department has issued a permit, no.

D

No there's been no, they they have submitted for a permit before we approve it. They can't issue it. So this is the last thing before. If this was approved, then it would be approved with this design. Okay,.

A

Yes, I would have been interested in what the front setbacks really are of the other porches that are down the road as I Drive by they kind of looked the same, but there's certainly a difference between them as well. So I don't really know, and that picture small enough. It's hard to decipher yeah.

D

I mean so you can I mean yeah I agree. It is a little hard to decipher. I mean right here is kind of where the existing concrete porches from what it looks like to me. I have most of the aerials the concrete porch kind of lines up with the front porches of the are the existing ones of the neighbors.

D

So with the foot it might be a little being a little deeper than the neighbor ones, but I wouldn't say it was by much.

A

D

So the way right so the way the code reads is this: is a 25 foot front setback on this property by code you're allowed to encroach with a covered porch 5 feet into the front setback where this house currently already sits is 20 feet, setback from the property so with without a variance they would be unalloyed to even even encroach at all, regardless of the depth of it.

J

Okay, the house itself is correct.

I

Do you I'm a little concerned that he didn't felt the certification on the posting I know you did testify that you have posted the property. Do you did you drive by the property? Do you know if it was posted? I did.

D

Not get a chance to drive by the property this time around I saw that it was posted. The previous whatever, before the meeting was cancelled due to a lack of quorum, I did not get a chance to drive by this time, though. Okay.

A

You've heard the questions.

A

If the applicant has anything further to say and rebuttal to the neighbor, you certainly have that ability.

A

Okay, in that case, woman.

A

Would you like to speak as well.

B

I swear were firm city.

K

I just wanted to add.

K

And those are the signs of the homes.

K

So our objection is not to them having a front porch. It's really that a 200 square foot front porch I'm, one of the smaller homes in Englewood does not speak to the architecture of our neighbor as an architecture. Professional.

K

Does not speak to the beauty of our neighborhood and it's not in line with the rest of the home. Sir.

A

I mean questions for.

A

A

There's nothing else, we'll call the public portion of this complete and we'll have discussion amongst the board.

A

I mean one of the things is I feel better that it was posted for the last month when they couldn't do it. So people would have known that right.

F

F

This year,.

A

And the applicant is sworn to us that they did do it, so if they can provide proof of that tomorrow, then we should be fine. If not, then we would have to take another legal recourse.

A

What are your thoughts on the requests.

A

I guess my main thing is that if they had come in for permit and asked us for a variance, he would have allowed the normal probably would have allowed the normal 5 feet in front of the house like. If you have a 25 foot setback you'd be allowed to come up 5 feet, we probably would not have given given them 9 feet, and so that's probably my biggest heartburn. With this.

E

Mine would be that to cover an existing porch would be to use the same footprint and not go with the foot outside. There are other ways you can.

E

Because it is existing, I get that and there are covered porches in the area. I just.

H

I was thinking about this.

J

Have a covered porch at all, because.

J

Do not see it as like.

E

I do but I have an existing covered front. Porch and I wouldn't expect.

E

I would expect to utilize the footprint in this. Should you have to jackhammer and bring it in or your stainless in New York.

A

I guess we didn't ask what the existing construction was, whether I was in fact breeder. Would that could have been taken out? We don't really know.

C

L

Yeah look to be conquered.

E

A

E

A

C

A

Have a permit yeah.

A

Contractor built it for them.

C

A

Know one of you, the homeowner, the contractor is supported by light if they're licensed contract and they have the polity.

A

Well, I think that's a city question contractor can't permit.

E

Because then it would fall again.

L

Is the ramp usually taken in to across meant to I'm sorry, the ramp that comes off the frontal portion? I, don't know if that's been a counter for.

A

I think the way I read the code on that due to the small incline on them as low as close as it is to the grade. I, don't think it is.

A

So I guess the size. Do you know the distance from the house is play the real question here.

A

J

A

In my mind, I mean typical house would be allowed to have a five foot porch if it was 25 feet from mill said that I would have normally allowed anything more than a five foot addition to it. Based on that.

A

Yeah, probably somewhat and then I'd be in the same boat as why not do it on the existing slab with.

J

The one one extra for.

J

A

Is likely the easiest way to build it.

A

I guess the hardship too, you know using what's there and sort of already built, and that is self-imposed in a way too.

A

A

A

Dude on the plus side, I do think it lines up with pretty much everything else. That's on that block I mean there's a very bar, very large porch.

A

Any further discussion or do vote on the issue.

E

Do we is there a.

A

Actually, can we ask you well.

D

The hearing closed so.

A

It's a coat it's a code question regarding, what's allowed with.

A

Assume that the 240.

H

E

It makes it 14, but with.

A

Well, I think that includes the name feed the columns are within the name, feed.

I

Are you ready for a motion chair.

A

I

Make a motion make.

A

I

Motion in that case var 2018 0 0 9 at 39, 69 sup panic Street be granted a variance for an attached covered porch to encroach 14 feet in the required 25 foots front setback conditional upon the applicant providing the required certificate of posting.

A

We have further questions our conversation. I don't want to call it.

A

B

Mr. Rieger I.

L

Voted yes, the first criterion is that you need physical conditions already exist, because most of the surrounding homes have on the block, half covered porches and the existing slab in place encroach I believe that criteria has been met. The second criterion is that the variance is consistent with intent of the zone. District regulations to secure public health safety and welfare based on the information presented, I believe the second criterion has been met.

L

The third criterion is that the variance will not permanently impaired the use or development of adjacent conforming properties or alter the essential character of the neighborhood, because most of the homes, the neighbor, have a covered porch and encroach equally into the proposed variance. I believe that criteria has been met, and the fourth criterion is that the variance is not self-imposed difficulty or hardship. I cannot believe it is self-imposed.

J

I voted yes for the reasons stated and, in addition, with regard to the first criterion that the existing porch well not perfectly the same as this, this covered porch is one foot more into the setback than the existing porch, but as with past cases where we have had porches improvements that occur on pre-existing recode.

J

Areas and we allow improvements to them, one couldn't improve it without needing a variance and being into this, so I I'm, following what I've seen as what we've done in the past. With these situations.

E

I voted, yes, I have an issue with number four, but the footprint was already existing and I'm, not gonna. Let some posts ruin a chance to cover.

B

Mr. el strim I only.

C

Guess, for reasons stated and I was sensitive to the neighbors who were concerned about some of the aesthetic qualities, but I also recognized that this house is over a century old and built long before these codes existed and so I voted in that direction. On that.

B

I

For the reasons stated.

B

A

Yes, for the reasons stated, I think miss Schmidt has talked about some of the things that I was concerned about I, do understand what the neighbors are saying and it's a real hard decision for us to make I do think. It's probably the right thing to do in this case.

A

Someplace I have last month's meeting minutes or two months ago. I guess July is our last meeting.

A

We had a little bit of a different meeting, because I was there for part of it and miss Schmitz was there for part of it. So I don't know if that means we approve half of it or or if enough of the people. If we have enough people that were here- and he was not here- how many people were here for that meeting.

L

A

Here so I think we could still approve it. We might have to be improve it by halves, but so.

J

A

The take a motion to approve the first half of a meeting where we for the first piece of the agenda and then we would vote on that and then the second half.

E

I move to approve the Board of Adjustment Appeals meeting minutes from Wednesday July 1st 2018 for the first half of session.

L

A

All in favor aye anybody opposed. Okay. Can we have a motion for the second half of the meeting then do somewhere.

A

Second, all in favor, aye, Epstein.

A

We have to do Fighting's with PEG tip. That's right.

A

We have enough of this I guess I'm, so for the first finding effect for case ba are 2018 zero, zero, six.

A

E

Moved to proof, findings of fact in case var, zero, one, eight, zero, zero, six first half.

A

Well, that's yeah, we're by different numbers here, so we're 406. Right now me.

A

One favor I proved and an.

C

Abstention, they.

A

Have the same for VAR, 2018, 0, 0 7, and you get the way in this.

H

Time I do okay,.

H

H

A

Posed in abstention.

A

Now that staff.

D

It looks like he will have a meeting for next month as well as most likely December next month. I think we have to.

D

For sure, one possibly two and then most likely an extension on the variance that was very similar kind of this one for that house that wanted to pop the top on that 1900 house from a couple months back. They had trouble locating a contractor just because of the crazy developments like, although we're in so they're diligently working on that, but they'll be asking for an extension on that one. So.

A

Or tourney yeah anything from the board.

A

E

E

A

The whole month, no but I just.