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

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1 1000 Englewood Pkwy Council Chambers Englewood, CO AGENDA Board of Adjustment and Appeals Meeting Wednesday, July 12, :00 PM 1. Call to Order 2. Public Hearing: a. Case VAR Applicant: Gary Oberg, Asbury Holdings, LLC Property: 3700 South Lincoln Street Request: Increase height of detached garage Staff Contact: Audra Kirk, Planner II Staff Report Application 3. Approval of Minutes a. May 10, 2017 Draft Minutes 4. Approval of Findings of Fact a. Findings of Fact - VAR 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 Jeremy Lott, Planner I Hearing July 12, 2017 Date: Subject: Applicant: Property Owner: Public Hearing on Request for Variance Case Number: VAR South Lincoln Street Asbury Holdings LLC, Gary Oberg 3700 South Lincoln Street Englewood, Colorado Asbury Holdings LLC, Gary Oberg 3700 South Lincoln Street Englewood, CO Request: The applicant is requesting a variance to increase the maimum height from 16 feet to 20 feet for a detached garage. This is a variance to Table of the Englewood Municipal Code. The applicant is wishing to construct a new garage on the property for the primary purpose of storing vehicles. According to Arapahoe County, the principal structure was constructed in 1940 as a multi-unit development with 8 dwelling units. There is an eisting garage but the applicant wants to demolish it and construct a new one since the eisting one is in poor condition and dilapidated. The applicant believes he meets the four required criteria for a variance. Suggested Motion: That Case VAR , be granted a variance to increase the maimum height from 16 feet to 20 feet for a detached garage. Property Zoning and Location: The property is zoned R-2-A, low density single and multi-dwelling unit residential. Properties to the south, east and west are also zoned R-2-A. The property to the north is a Planned Unit Development (PUD is the Bell Cherry Hills Apartments. Property Description: Lots 1 & 2, Block 2, Wynetka Heights 1

3 Anneation Data: This area was anneed into the City of Englewood in Background: The principal structure with 8 residential units was constructed in A variance was granted in 1968 for a late non-conforming use registration of the 8 unit comple. 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. This lot is unique in the fact that it has an 8 unit residential structure on the property. The structure was built prior to the property being anneed into the City of Englewood. If a new structure was built on the property, only two units could be built under the current zone district. The eisting garage was built on the property line to the south and does not meet setbacks. It also does not meet the required setbacks on the north and the east property lines. The new structure would have to meet current setbacks. In addition, there is some topography on the lot that causes a challenge for the construction of the garage. There is some elevation change in the rear portion of the lot. 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. The intent of the zone district is to provide the opportunity to construct accessory structures. Accessory structures over 200 square feet are to be used primarily for off-street parking. Additionally, properties with two or more residential units are allowed to have one garage per unit. Staff s position is that there are no negative impacts to public health, safety, or welfare due to the increase of the height of the garage. Additionally, the new garage increases the availability of on street parking for the neighborhood. 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 structure would likely have little to no impact on the surrounding properties if it had a maimum height of 20 feet instead of 16 feet. It would also provide some off-street parking for the 8 unit residential building on the property. 4. The fourth criterion is that the variance is not a self-imposed difficulty or hardship. Staff does not see this situation as self-imposed due to the eisting 8 unit residential structure that was constructed prior to being anneed into Englewood. Multi-unit residential properties with two or more units are allowed to have one garage per unit. 2

4 Community Development Department Recommendation: The Community Development Department recommends approval of this variance. Attachments: Vicinity Map Aerial View Application Materials 3

5 KENYON 3701 LINCOLN SHERMAN Vicinity Map: 3700 South Lincoln Street Case Number: VAR ±

6 7/5/2017 Google Maps 3700 South Lincoln Street Imagery 2017 Google, Map data 2017 Google 10 ft 1/1

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19 Draft MINUTES Board of Adjustment and Appeals Meeting Wednesday, May 10, Englewood Pkwy Council Chambers 7:00 PM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Andy Taylor Angela Schmitz Tom Finn Sue Purdy Stacie Flynn Robert Ellstrom Randal Friesen Audra Kirk, Planner II Dugan Comer, Deputy 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, Chair Finn presiding. Chair Finn stated there were si members present; therefore, five affirmative votes are required to grant a variance or appeal. Chair Finn 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. Chair Finn set forth parameters for the hearing. VAR HCA/HealthONE Swedish Medical Center 3446 and 3496 South Emerson Street 955 East Hampden Avenue Chair Finn opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to eliminate the requirable leasable, ground floor commercial space by a reduction of the minimum depth of 20 feet to zero feet and a reduction of the minimum 75 percent building width to zero percent. This is a variance to Section C.3 of the Englewood Municipal Code.

20 Board of Adjustment and Appeals May 10, 2017 Audra Kirk, Planner II was sworn in. Ms. Kirk provided an overview of the property and the variance request. Ms. Kirk answered questions from the Board. Hollie Seeley, Vice President of Operations for Swedish Medical Center, 501 East Hampden Avenue, was sworn in. Ms. Seeley addressed the variance criteria and answered questions from the Board. The new parking garage will be for employees so patients can park closer to the hospital and another medical facilities. There were no other persons present to testify for or against the variance. Chair Finn 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. Ms. Flynn voted yes. The properties are unique in that other sites located in the area are used for parking associated with medical facilities. The benefit to the community of utilizing the required commercial space for additional off-street parking outweighs any benefit that would be gained by any commercial uses. The parking structure is an accessory use to Swedish Medical Center and will provide off-street parking which will secure the public health, safety and welfare of the zone district. The surrounding properties are primarily medical uses. The parking structure will alleviate on-street parking and parking congestion in nearby residential neighborhoods. The applicant is requesting the variance prior to any construction; therefore, it is not a self-imposed hardship. Ms. Schmitz, Mr. Taylor, Mr. Ellstrom, Ms. Purdy, and Chair Finn voted yes, concurring with Ms. Flynn. Moved by Member Angela Schmitz Seconded by Member Sue Purdy THAT CASE VAR , 3346 SOUTH EMERSON STREET, 3496 SOUTH EMERSON STREET, AND 955 EAST HAMPDEN STREET, BE GRANTED A VARIANCE TO ELIMINATE THE REQUIRED LEASABLE, GROUND FLOOR COMMERCIAL SPACE BY A REDUCTION OF THE MINIMUM DEPTH OF 20 FEET TO ZERO FEET OF THE MINUMUM 75 PERCENT BUILDING WIDTH TO ZERO PERCENT. THIS IS A VARIANCE TO SECTION C.3 OF THE ENGLEWOOD MUNICIPAL CODE

21 Board of Adjustment and Appeals May 10, 2017 Andy Taylor Angela Schmitz (Moved By Tom Finn Sue Purdy (Seconded By Stacie Flynn Robert Ellstrom For Against Abstained Motion CARRIED. 3. Approval of Minutes Moved by Member Stacie Flynn Seconded by Member Andy Taylor APPROVE THE APRIL 12, 2017 MINUTES AS WRITTEN. Andy Taylor (Seconded By Angela Schmitz Tom Finn Sue Purdy Stacie Flynn (Moved By Robert Ellstrom For Against Abstained Motion CARRIED. 4. Approval of Findings of Fact Moved by Member Andy Taylor Seconded by Member Stacie Flynn APPROVE THE FINDINGS OF FACT IN CASE VAR SOUTH YORK STREET. Andy Taylor (Moved By Angela Schmitz Tom Finn Sue Purdy For Against Abstained

22 Board of Adjustment and Appeals May 10, 2017 Stacie Flynn (Seconded By Robert Ellstrom Motion CARRIED. 5. Staff's Choice There are no cases scheduled for June Attorney's Choice Mr. Comer had nothing further. 7. Board Member's Choice The Board had nothing further. 8. Adjournment The meeting adjourned at 7:30 pm. Nancy G. Fenton, Recording Secretary

23 CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS IN THE MATTER OF CASE #VAR , A VARIANCE TO ELIMINATE THE REQUIRED LEASABLE, GROUND FLOOR COMMERCIAL SPACE BY A REDUCTION OF THE MINIMUM DEPTH OF 20 FEET TO ZERO FEET AND A REDUCTION OF THE MINIMUM 75 PERCENT BUILDING WIDTH TO ZERO PERCENT. THIS IS A VARIANCE TO SECTION A(13 OF THE ENGLEWOOD MUNICIPAL CODE. FILED BY: HCA/HealthONE Swedish Medical Center 501 East Hampden Avenue Englewood, CO FOR PROPERTIES LOCATED AT: 3446 South Emerson Street 3496 South Emerson Street 955 East Hampden 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, Tom Finn, Robert Ellstrom, Andy Taylor Randal Friesen The matter came before the Board of Adjustment and Appeals on May 10, 2017, upon an application filed by HCA/HealthOne Swedish Medical Center, for properties located at 3446 South Emerson Street, 3496 South Emerson Street, and 955 East Hampden Avenue, for a variance to eliminate the requirable leasable ground floor commercial space by a reduction of the minimum depth of 20 feet to zero feet and a reduction of the minimum 75 percent building width to zero percent. This is a variance to Section a(13 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 HCA/HealthOne Swedish Medical Center, for properties located at 3446 South Emerson Street, 3496 South Emerson Street, and 955 East Hampden Avenue, for a variance to eliminate the requirable leasable ground floor commercial space by a reduction of the minimum depth of 20 feet to zero feet 1

24 and a reduction of the minimum 75 percent building width to zero percent. This is a variance to Section a(13 of the Englewood Municipal Code. 2. THAT the notice of the public hearing was published on April 27, 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. The properties are unique in that other sites located in the area are used for parking associated with medical facilities. 4. THAT the variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare. The parking structure is an accessory use to Swedish Medical Center and will provide off-street parking which will secure the public health, safety and welfare of the zone district. 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 surrounding properties are primarily medical uses. The parking structure will alleviate on-street parking and parking congestion in nearby residential neighborhoods. 6. THAT the variance is not a self-imposed difficulty or hardship. The applicant is requesting the variance prior to any construction; therefore, it is not a self-imposed hardship. CONCLUSION THAT the conditions for granting a variance to eliminate the requirable leasable ground floor commercial space by a reduction of the minimum depth of a 20 feet to zero feet and a reduction of the minimum 75 percent building width to zero percent, have been met, and by a vote of 6 in favor, with 0 opposed, the variance is APPROVED. DECISION THAT CASE VAR , 3346 SOUTH EMERSON STREET, 3496 SOUTH EMERSON STREET, AND 955 EAST HAMPDEN STREET, BE GRANTED A VARIANCE TO ELIMINATE THE REQUIRED LEASABLE, GROUND FLOOR COMMERCIAL SPACE BY A REDUCTION OF THE MINIMUM DEPTH OF 20 FEET TO ZERO FEET OF THE MINUMUM 75 PERCENT BUILDING WIDTH TO ZERO PERCENT. THIS IS A VARIANCE TO SECTION C.3 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Schmitz; Seconded by Purdy Vote: Motion passed by a roll call vote (summary: Yes=6 No=0 2

25 Yes: Finn, Ellstrom, Flynn, Taylor, Schmitz, Purdy No: None Absent: Friesen Abstain: None These decisions and the Findings of Fact and Conclusion are effective as of June 9, Tom Finn, Chair 3