AGENDA Board of Adjustment and Appeals Meeting Wednesday, April 12, :00 PM

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1 1000 Englewood Pkwy Council Chambers Englewood, CO AGENDA Board of Adjustment and Appeals Meeting Wednesday, April 12, :00 PM 1. Call to Order 2. Public Hearing: a. Case VAR Applicant: Ryan and Ruth Meissner Property: 3135 South York Street Request: Variance to reduce rear setback Staff Contact: Audra Kirk, Planner II Staff Report VAR Application VAR Approval of Minutes a. March 8, 2017 Minutes 4. Approval of Findings of Fact a. VAR West Chenango Avenue 5. Staff's Choice 6. Attorney's Choice 7. Board Member's Choice 8. Adjournment Please note: If you have a disability and need auiliary aids or services, please notify the City of Englewood ( at least 48 hours in advance of when services are needed.

2 To: Thru: From: Board of Adjustment and Appeals Harold J. Stitt, Senior Planner Audra L. Kirk, Planner II Hearing Date: April 12, 2017 Subject: Property Owners: Applicant: Public Hearing on Request for Variance Case Number: VAR South York Street Ryan and Ruth Meissner 3135 South York Street Englewood, CO Same Request: The applicant is requesting a variance to reduce the rear setback from 20 feet to 5 feet. This is a variance to Table : Summary of Dimensional Requirements for Principal Structures, of the Unified Development Code. Suggested Motion: That case VAR (3135 South York Street be granted a variance to reduce the rear setback from 20 feet to 5 feet. Property Zoning and Location: This property and all surrounding properties are located in the R-1-A zone district. Anneation Data: This property and surrounding areas were anneed into the City of Englewood in Property Description: 3135 South York Street Lot 15 Block 3 Hampden Hills Subdivision

3 Previous Variances: Variance number was granted on May 11, 1966 to enclose a front porch, resulting in an overage of lot coverage of 179 square feet. The maimum lot coverage in 1966 was 25%. Today the maimum lot coverage is 40%. Background: This property is located within the Hampden Hills Subdivision, approved in 1952, and zoned R-1 Residence District. The principal structure and the detached garage were built in 1953 under the 1940 Zoning Ordinance. The 1940 Zoning Ordinance required a minimum lot area of 6,000 s.f., with no minimum lot width. The 1955 Zoning Ordinance changed the minimum lot area in the R-1-A Residence District to 9,000 s.f., and the minimum lot width to 75. A number of the areas rezoned to R-1-A by the 1955 Zoning Ordinance contained non-conforming lots, as is the case with the Hampden Hills Subdivision. The nonconforming status of these lots were not addressed until the 2004 Unified Development Code was adopted and the One-Unit Dwellings on a Small Lot regulation was incorporated into the R-1-A District standards. Currently there is a single family home on this parcel. The owners are proposing to construct an addition at the rear of the house that would attach the garage to the principle structure. The addition will not encroach into the rear 20 setback, however by attaching the garage to the principle structure, the required setback for the garage becomes 20. Currently the garage is 5 from rear property line. Other Department and Agency Review: The variance request was reviewed by si City Departments/Divisions: Building, Fire, Engineering, Traffic, Utilities and Community Development; there were no objections to the variance request. Community Development provided the following comments: 1. The proposed addition will still be within the current 20 rear setback. The connection to the garage is prompting the rear setback variance. 2. The proposed addition brings the total lot coverage to 35.7%, still under the maimum lot coverage of 40%. Community Development Department Analysis: Variances may be granted when the Board of Adjustment and Appeals determines, based on representations in the application and at the public hearing, that the following four criteria are met: 1. The first criterion is that unique physical conditions eist, such as size, shape, location, topography or surroundings, which are peculiar to the land or structure involved, which deprive the applicant of privileges enjoyed by other properties in the vicinity. The size and shape of this lot is unique. The current R-1-A regulations require a minimum lot area of 9,000 s.f. and a minimum lot width of 75. The typical R-1-A lot is 75 wide and 125 deep. The applicant s lot is wider at 80, but less deep at only 100. Combining the front setback of 25, the rear setback of 20 with the current depth of the house at 38 leaves only 17 of buildable lot depth area. The detached garage is located in the southwest corner of the lot setback 5 from both the side and rear property lines and 10 from the rear of the eisting house.

4 2. The second criterion is that the variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare. This variance, if granted, would not create any public health, safety or welfare issues. 3. The third criterion is that the variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. This neighborhood is already comprised of developed single-family residences. The proposed development will not permanently impair current or future conforming properties. 4. The fourth criterion is that the variance is not a self-imposed difficulty or hardship. The applicants desire to epand their home by utilizing the limited developable area available as optimally as possible. The atypical depth of the lot results in the detached garage encroaching into the developable area for the principal structure. The proposed addition would maintain the eisting south line of the house and as a result, the separation between the detached garage and the addition would be approimately one foot. Given this situation, in terms of a practical or construction point of view, attaching the addition to the detached garage is the most appropriate response. Community Development Department Recommendation: The Community Development Department recommends that this variance request be approved for the reasons stated above. Attachments: Vicinity Map Aerial View Site Plan Application Materials

5 YORK South York Street Aerial Case Number: VAR ±

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7 Subject Property Neighbors3174 in Support YORK 3103 GAYLORD 3104 VINE UNIVERSITY South York Street Neighbor Notifications Case Number: VAR ±

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17 Draft MINUTES Board of Adjustment and Appeals Meeting Wednesday, March 8, Englewood Pkwy Council Chambers 7:00 PM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Andy Taylor Angela Schmitz Sue Purdy Stacie Flynn Randal Friesen Tom Finn Robert Ellstrom Jeremy Lott, Planner I Dugan Comer, Acting City Attorney 1. Call to Order 2. Public Hearing: 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 residing. Vice Chair Friesen stated there were five members present; therefore, four affirmative votes are required to grant a variance or appeal. Vice Chair Friesen stated that the Board of Adjustment and Appeals is empowered to grant or deny variances by Part III, Section 60 of the Englewood City Charter. Variances granted by the Board are subject to a 30-day appeal period. Variances are effective at the end of the appeal period. Building permits must be obtained and construction begun within 180 days of the variance's effective date. Vice Chair Finn set forth parameters for the hearing. Case VAR Alfred Herrera 3383 West Chenango Avenue Vice Chair Friesen opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to reduce the required side setback from five feet to three feet for a detached garage. This is a variance to Table

18 Board of Adjustment and Appeals March 8, 2017 of the Englewood Municipal Code. Jeremy Lott, Planner I, was sworn in. Mr. Lott provided an overview of the property and the variance requested. Mr. Lott answered questions from the Board. There is an eisting retaining wall which makes it difficult to move the garage further north. Alfred Herrera, 3383 West Chenango Avenue, was sworn in. Mr. Herrera addressed the variance criteria and answered questions from the Board. There is si feet between the house and the proposed garage. There are also two eisting trees that make placement of the garage difficult. There were no other persons percent to testify for or against the variance. Vice Chair Friesen incorporated the staff report and ehibits into the record and closed the public hearing. The Board discussed the variance request and the criteria. With no further discussion, the secretary polled the members' votes. Moved by Member Angela Schmitz Seconded by Member Stacie Flynn THAT CASE VAR , 3383 WEST CHENANGO AVENUE, BE GRANTED A VARIANCE TO REDUCE THE REQUIRED SIDE SETBACK FROM FIVE FEET TO THREE FEET FOR A DETACHED GARAGE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNICIPAL CODE. Andy Taylor Angela Schmitz (Moved By Sue Purdy Stacie Flynn (Seconded By Randal Friesen For Against Abstained Motion CARRIED. Ms. Flynn voted yes. The trees, eisting retaining wall, lack of an alley, and the location of the driveway create unique physical conditions. There are no negative impacts to public health, safety, or welfare due to the encroachment of the garage into the setback. Additionally, the new garage increases the availability of on-street parking in the neighborhood. The applicants did not construct the retaining wall;

19 Board of Adjustment and Appeals March 8, 2017 therefore, it is not a self-imposed hardship.. Ms. Schmitz voted yes, concurring with Ms. Flynn. Mr. Taylor voted yes. In addition, the intent of the zone district is to allow for accessory structures. Ms. Purdy and Vice Chair Friesen voted yes concurring with Ms. Flynn and Mr. Taylor. 3. Approval of Minutes Moved by Member Andy Taylor Seconded by Member Sue Purdy APPROVE THE FEBRUARY 8, 2017 MINUTES AS WRITTEN. Andy Taylor (Moved By Angela Schmitz Sue Purdy (Seconded By Stacie Flynn Randal Friesen For Against Abstained Motion CARRIED. 4. Approval of Findings of Fact Moved by Member Angela Schmitz Seconded by Member Sue Purdy APPROVE FINDINGS OF FACT IN CASE VAR , 600 WEST BATES AVENUE, AND CASE VAR , 2201 AND 2235 WEST WESLEY AVENUE. Andy Taylor Angela Schmitz (Moved By Sue Purdy (Seconded By Stacie Flynn Randal Friesen For Against Abstained

20 Board of Adjustment and Appeals March 8, Motion CARRIED. 5. Staff's Choice One case is scheduled for the April meeting. 6. Attorney's Choice Mr. Comer had nothing further. 7. Board Member's Choice The Board had nothing further. 8. Adjournment The meeting adjourned at 7:20 p.m. Nancy G. Fenton, Recording Secretary

21 CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS IN THE MATTER OF CASE #VAR , A VARIANCE TO REDUCE THE REQUIRED SIDE SETBACK FROM FIVE FEET TO THREE FEET FOR A DETACHED GARAGE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNICIPAL CODE. FILED BY: Alfred Herrera 3383 West Chenango Avenue Englewood, Colorado FOR PROPERTIES LOCATED AT: 3383 West Chenango Avenue Englewood, Colorado THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS FINDINGS OF FACT AND CONCLUSIONS Board Members present: Board Members absent: Angela Schmitz, Stacie Flynn, Sue Purdy, Andy Taylor, and Randal Friesen Tom Finn, Robert Ellstrom The matter came before the Board of Adjustment and Appeals on March 8, 2017, upon an application filed by Alfred Herrera, for property located at 3383 West Chenango Avenue, for a variance to reduce the required side setback from five feet to three feet for a detached garage. This is a variance to Table of the Englewood Municipal Code. Testimony was received from the applicant and staff. Written information in the form of a staff report and supporting documentation were incorporated into the record. After considering the statements of witnesses and reviewing the relevant documents, the members of the Board of Adjustment and Appeals made the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. THAT the public hearing was initiated upon an application filed by Alfred Herrera, for property located at 3383 West Chenango Avenue, for a variance to reduce the required side setback from five feet to three feet for a detached garage. This is a variance to Table of the Englewood Municipal Code. 2. THAT the notice of the public hearing was published on February 23, 2017 in the Englewood Herald, the official City newspaper. 3. THAT unique physical conditions eist, such as size, shape, location, topography or surroundings, which are peculiar to the land or structure involved, which deprive the applicant of privileges enjoyed by other properties in the vicinity. 1

22 The trees, eisting retaining wall, lack of an alley, and the location of the driveway create unique physical conditions. 4. THAT the variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare. There are no negative impacts to public health, safety, or welfare due to the encroachment of the garage into the setback. The intent of the zone district is to allow for accessory structures. 5. THAT the variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. The new garage increases the availability of on-street parking in the neighborhood. 6. THAT the variance is not a self-imposed difficulty or hardship. The applicant did not construct the retaining wall; therefore, it is not a self-imposed hardship. CONCLUSION THAT the conditions for granting a variance to reduce the required side setback from five feet to three feet for a detached garage, have been met, and by a vote of 5 in favor, with 0 opposed, the variance is APPROVED. DECISION THAT CASE VAR , 3383 WEST CHENANGO AVENUE, BE GRANTED A VARIANCE TO REDUCE THE REQUIRED SIDE SETBACK FROM FIVE FEET TO THREE FEET FOR A DETACHED GARAGE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Schmitz; Seconded by Flynn Vote: Motion passed by a roll call vote (summary: Yes=5 No=0 Yes: Purdy, Flynn, Taylor, Schmitz, Friesen No: None Absent: Finn, Ellstrom Abstain: None These decisions and the Findings of Fact and Conclusion are effective as of April 7, Randal Friesen, Vice Chair 2