AGENDA Board of Adjustment and Appeals Meeting Wednesday, September 14, :00 PM

Transcription

1 1000 Englewood Pkwy Council Chambers Englewood, CO AGENDA Board of Adjustment and Appeals Meeting Wednesday, September 14, :00 PM 1. Call to Order 2. Public Hearing: a. Case VAR Applicant: Jorge Equiarte Property: 4461 South Washington Street Request: Encroach into side setback Staff Contact: Jeremy Lott Staff Report Application 3. Approval of Minutes a BOA Minutes 4. Approval of Findings of Fact a. Findings of Fact 5. Staff's Choice 6. Attorney's Choice 7. Board Member's Choice 8. Adjournment Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood ( at least 48 hours in advance of when services are needed. Page 1 of 18

2 To: Thru: From: Hearing Date: Subject: Applicant: Property Owner: Board of Adjustment and Appeals Harold J. Stitt, Senior Planner Jeremy Lott, Planner I September 14, 2016 Public Hearing on Request for Variance Case Number: VAR South Washington Street Jorge Eguiarte 863 Santa Fe Drive Denver, Colorado Jason Drautz 4461 South Washington Street Englewood, CO Request: The applicant is requesting a variance to encroach 2 feet into the required northern 5 foot side setback in order to construct an addition to an existing principle structure. This is a variance to Table of the Englewood Municipal Code. Suggested Motion: That Case VAR , be granted a variance to encroach 2 feet into the required 5 foot setback. Property Zoning and Location: The property is zoned R-1-C, single family residential. Properties to the north, south, east and west are also zoned R-1-C. This location is comprised of single family residences. Property Description: Lots 33-34, Block 47 South Broadway Heights Annexation Data: This area is part of the original City of Englewood. Previous Variances: There are no previous variances for this property. 1 Page 2 of 18

3 Background: The single family home was built in The zoning at that time was R-1, single family residential. The side setbacks established by the Zoning Ordinance of 1940 were 7 feet on the south and 3 feet on the north (for streets running north and south. There is currently one structure on the property, which is a 960 square foot principal structure. Existing lot coverage is approximately 15%. The proposed addition to the house of 240 square feet will bring the lot coverage to approximately 19%, which still within the 40% maximum allowed lot coverage. Property Zoning and Location: The property is zoned R-1-C, single family residential. Properties to the north, south, east and west are also zoned R-1-C. This location is comprised of single family residences. Other Department and Agency Review: A description of this request was forwarded to seven city departments for review and comment. The variance requests were approved by all departments with the following comments: Building Division: 1. Exterior wall and projections are required to be one-hour fire-resistive construction. 2. No openings (doors, windows or vents are permitted. Community Development Department Analysis: Variances can 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 exist, 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 existing principal structure was built in While the 50 foot wide lot is a typical size for the City of Englewood, the structure was constructed with an egress window from the basement into the backyard that would be covered up if the applicant constructs the proposed addition with the required 5 setback. 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. Also, the reduction in the setback will not create any inconsistencies with the intent of a single family zone district. 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. 2 Page 3 of 18

4 4. The fourth criterion is that the variance is not a self-imposed difficulty or hardship. The original structure was built in 1951, at that time the north side setback was 3 feet, and the structure was built at the setback line. In order to still construct an addition that is feasible, the applicant is requesting the side setback be reduced from 5 feet to 3 feet so that an egress window from the basement is not blocked or covered up. Community Development Department Recommendation: The Community Development recommends approval of this variance. Attachments: Vicinity Map Aerial View Application Materials 3 Page 4 of 18

5 Page 5 of 18

6 Page 6 of 18

7 City of Englewood Community Development Department 1000 Englewood Parkway Englewood, CO englewoodgov.org APPLICATION FOR: PROPERTY ADDRESS: t.( / G ( s. WAS{\ \A.}ti,V,J ~ LEGAL DESCRIPTION: (Provide a1 leas, one ol1he following, A, I _ Lot(s 3? 1 3,\.( Block C-/1 Subdivision,Sou}H 6fJJf./JW"[ +{e-lfi +I TS Parcel Identification No. {2 3, l i- 'f :l-g. If{_ Metes and Bounds Legal Description s C:- : ATT/.\C\ \EO {.., s. r. (Attach separate sheet ii necessary APPLICANT PROPERTY OWNER Name:..\ o \2-C:J E. [UicJ\ A. fl,t E..- Name: -~ (j':;o/j OVAvTZ- Company: [::f\ ST..JQLO Company: ;t,1{/\- Address: 116:S.S~,A FE- (J/l_ Address: l(_</6( 5. Ut\Sl/1vt11cJ.AJ :; _ :( a.jv E:. <L (ffe1 eojl>'{ EtJ fl L Pu_,t'ivl C q t:'q { I 3 Telephone Number: 7JO "J..3J.. S'f] ';J Telephone Number: 3 (0-1::13-~S""/ J.. Fax Number: AlfA Fax Number: /V{A Address: Address:_: - " - Signature Sienat'iire ~ ~IZ,Ct~ f;:0vta.~t~ Print Name Print Name Mc1y 2009 Page 7 of 18

8 City of Englewood Community Development Department 1000 Englewood Parkway Englewood, CO June 29, 2016 Dear City Planner Official, We are the owners of the property at 4461 S. Washington St. We are applying for a 2'-0" North side setback variance request and we authorize Jorge Eguiarte from EG Studio for Architecture, LLC to be the applicant for this variance request in our behalf. Feel free to contact us at if you have any questions. Jason Drautz / (_/Sarah Frederick Page 8 of 18

9 City of Englewood Community Development Department 1000 Englewood Parkway Englewood, CO June 29, 2016 Dear City Planner Official, We are the owners of the property at 4461 S. Washington St. We are applying for a 2'-0" North side setback variance request. 1- The current unique physical condition of our of property does not meet the new zoning standards and regulations due to the fact that this house to our knowledge was built back in the SO's when Zoning standards and regulations were different from today. this reason our house was built on a 3'-0" setback from the north property line. Today we need to adjust our family living situation by adding a 240sf. rear master bedroom addition but, new zoning standards and regulations requires asj'-0" north side setback. We are asking for a 2'-0" north side variance in order to be able to add a 16'-0" x 15'-0" rear addition there's also an existing basement egress window well that will not allow us to move 2' -0" to the south. Please see attached Site Plan. 2- This 2'-0" north side setback variance request does not represent any inconsistency in our zone district nor public health or safety welfare in our zone district. 3- This 2' -0" variance request will not permanently impair the use or development of adjacent conforming properties or alter character of the neighborhood. 3- This 2' -0" variance request is not self-imposed difficulty or hardship because the setbacks requirements have change from the time the house was built. Feel free to contact us at if you have any questions. Thanks so much. Jason Drautz Sarah Frederick Page 9 of 18

10 Page 10 of 18

11 Page 11 of 18

12 City of Englewood Community Development Department BoarcJ or ~ajustment ard1 ~110eals NEIGHBOR NOTIFICATION DATE: (20- (P(-1G TO WHOM IT MAY CONCERN: Theowner(s ~t-,s[jrj D(lNTZ- ANO SASJ,A-X-l F[ZE.OE/2([/( of the property located atw 6 /.5. e/a-s±{\ai {, (c9/v GT I i' -,tl Englewood, Colorado, are proposing to: ]Zt\9s.2t4IT A Q -0 A.Jf.!{l I" s;: 8. r g, P::CC. \/ Atz l l'z-s'l -i=o Q... tj r..w 12~Ai1..- J. '-(o s "F". A 911't0rJ. pcii-ajtt S. E AT"tACt(/20 S1 1 Pt_P{A,A....,c,fll svm&{ PLAT. I, W J.,/N IE-- :\:!U c0 ts, E 12r. the undersigned OWNER(S of the property located at: L/</ S ~ S- \.,l/ A.~ '-1( (,V M /c?/j ~ T:: have been notified of the variance request and: _ X have no objection to the proposal. ;object to the proposal. COMMENTS: I Signed:~ Date: QG-J.P(- /b Page 12 of 18

13 City of Englewood Community Development Department Board of Adjustn1ent and Appeals i NEIGHBOR NOTIFICATION DATE: 00- c9-vf-1g TO WHOM IT MAY CONCERN: Theowner(s.jt>SD0 D(LAJT'Z.-AfJ{J $ASlJ:':-\-l F(ZWE(2[(t of the property located atw61 5 t,}a-5±{\n r, K9/V ~T Englewood, Colorado, are proposing to: }7Jr.\.9s..2%IT A Q l_.0 1 ' AJ,9(([\l S:B rg,acr_ R>\2.-. AJt.w \2~NL.}'-(ostc- AGQ!'r-<00. pc..ila:ifz: s.cse AT'tAC/1?0 S1 1 fipca,a..j.,,or.r:, s u CW& { P LAT. I, Ro l-,filt c.., 0 0 Fll.. ii-_:{, the undersigned OWNER(S of the property located at: L/1/bCJ S, t AI Ht,AJ6~.ST; have been notified of the variance request and: / have no objection to the proposal. object to the proposal. COMMENTS: Signed:(,..,,.---~ Date: QG-.J-({- lb Page 13 of 18

14 MINUTES Board of Adjustment and Appeals Wednesday, July 13, Englewood Pkwy Council Chambers 7:00 PM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Randal Friesen, Carson Green, Tom Finn, Angela Schmitz, Andy Taylor Sue Purdy, Stacie Flynn Jeremy Lott, Planner I Dugan Comer, Interim City Attorney 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. There are five members present; therefore five affirmative votes are required to grant a variance. 2. Public Hearing: Case VAR Robert Owen 4520 South Pennsylvania Street Chair Green opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to encroach 2 feet into the required 5 foot side setback in order to construct an addition to an existing principle structure. This is a variance to Table of the Englewood Municipal Code. Jeremy Lott, Planner I was sworn in. Mr. Lott provided a brief overview of the property and variance request. Mr. Lott answered questions from the Board. Robert Owen, 4520 South Pennsylvania Avenue, was sworn in. Mr. Owen testified regarding the variance criteria and the project. He also answered questions from the Board. There were no other persons to testify for or against the variance. Chair Green incorporated the staff report and exhibits into the record and closed the public hearing. Page 14 of 18

15 Draft Board of Adjustment and Appeals July 13, 2016 Tom Finn moved; Randall Friesen seconded: THAT CASE VAR , 4520 SOUTH PENNSYLVANIA STREET, BE GRANTED A VARIANCE TO ENCROACH UP TO TWO FEET INTO THE FIVE FOOT NORTHERN SIDE SETBACK IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING PRINCIPLE STRUCTURE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNICIPAL CODE. Carson Green Randal Friesen Tom Finn Angela Schmitz Andy Taylor Sue Purdy Stacie Flynn Absent Absent Motion passed. Mr. Friesen stated the first criterion is due to the unique physical conditions of the existing house. There are no issues with public health, safety, and welfare. The variance will not permanently impair the use or development of adjacent properties. It is not a self-imposed hardship. Ms. Schmitz, Mr. Finn, Mr. Taylor, and Chair Green concurred with Mr. Friesen's findings. The Chair instructed the applicant to contact staff for any additional information. 3. Approval of Minutes Anglea Schmitz moved; Randall Friesen seconded: TO APPROVE THE JUNE 8, 2016 MINUTES. Carson Green Randal Friesen Tom Finn Angela Schmitz Andy Taylor Sue Purdy Stacie Flynn Abstain Absent Absent Motion passed. Page Page 15 2 of of 183

16 Draft Board of Adjustment and Appeals July 13, Approval of Findings of Fact Anglea Schmitz moved; Tom Finn seconded: TO APPROVE THE FINDINGS OF FACT IN CASES VAR SOUTH CHEROKEE STREET, AND VAR SOUTH CHEROKEE STREET Carson Green Randal Friesen Tom Finn Angela Schmitz Andy Taylor Sue Purdy Stacie Flynn Anglea Schmitz moved; Tom Finn seconded: Absent Absent Motion passed. APPROVE THE FINDINGS OF FACT IN CASE VAR SOUTH CORONA STREET Carson Green Randal Friesen Tom Finn Angela Schmitz Andy Taylor Sue Purdy Stacie Flynn 5. Staff's Choice Mr. Lott had nothing further. 6. Attorney's Choice Mr. Comer had nothing further. 7. Board Member's Choice The Board welcomed Mr. Taylor. Absent Absent Motion passed. 8. Adjournment The meeting adjourned at 7:20 p.m. Nancy G. Fenton, Recording Secretary Page Page 16 3 of of 183

17 CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS IN THE MATTER OF CASE #VAR , VARIANCE TO ENCROACH 2 FEET INTO THE REQUIRED 5 FOOT SIDE SETBACK IN ORDER TO CONSTRUCT AN ADDITION TO AN EXISTING PRINCIPLE STRUCTURE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNICIPAL CODE. FILED BY: Robert Owen 4520 South Pennsylvania Street Englewood, Colorado FOR PROPERTY LOCATED AT: 4520 South Pennsylvania Street Englewood, Colorado THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS FINDINGS OF FACT AND CONCLUSIONS Board Members present: Board Members absent: Angela Schmitz, Randal Friesen, Tom Finn, Carson Green, Andy Taylor Stacie Flynn, Sue Purdy The matter came before the Board of Adjustment and Appeals on July 13, 2016, upon an application filed by Robert Owen, for property located at 4520 South Pennsylvania Street, for a variance to encroach 2 feet into the required 5 foot side setback in order to construct an addition to an existing principle structure. 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 Robert Owen, for property located at 4520 South Pennsylvania, for a variance to encroach 2 feet into the required 5 foot side setback in order to construct an addition to an existing principle structure. This is a variance to Table of the Englewood Municipal Code. 2. THAT the notice of the public hearing was published on June 30, 2016 in the Englewood Herald, the official City newspaper. 1 Page 17 of 18

18 3. THAT unique physical conditions exist, 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. There are unique physical conditions due to the existing house. 4. THAT the variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare. There are no issues with public health, safety, and welfare. 5. THAT the variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. It will not permanently impair the use or development of adjacent properties. 6. THAT the variance is not a self-imposed difficulty or hardship. It is not a self-imposed hardship. CONCLUSION THAT the conditions for granting a variance to encroach up to two feet into the five foot northern side setback in order to construct an addition to the existing principle structure, have been met, and by a vote of 5 in favor, with 0 opposed, the variance is APPROVED. DECISION MOTION: THAT CASE VAR , 4520 SOUTH BROADQWAY, BE GRANTED A VARIANCE TO ENCROACH UP TO TWO FEET INTO THE FIVE FOOT NORTHERN SIDE SETBACK IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING PRINCIPLE STRUCTURE. THIS IS A VARIANCE TO TABLE OF THE ENGLEWOOD MUNCIPAL CODE. Moved by Finn; Seconded by Friesen Vote: Motion passed by a roll call vote (summary: Yes=5 No=0 Yes: Friesen, Green, Finn, Taylor, Schmitz No: None Absent: Purdy, Flynn Abstain: None Motion passed. These decisions and the Findings of Fact and Conclusion are effective as of August 13, Carson Green, Chair 2 Page 18 of 18