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BRADFORD PUBLISHING CO., DENVER
RECORD OF PROCEEDINGS
A regular meeting of the Board of Adjustment was held at 4:00 p.m. on June 30,
1977 in the Council Chambers of City Hall. Those members present were:
Charles Patterson, Gil Colestock, Remo Lavignino, Fred Smith, and Josephine
Mann.
APPROVAL OF MINUTES
The meeting was called to order by Chairman Lavignino
and the minutes of the previous meeting were addressed
by the committee. Colestock moved to approve the
minutes as submitted, seconded by Ms. Mann. All in
favor, motion carried.
HINDELANG 77-16
This case is an application by Daniel Hindelang
for a variance to permit a balcony and stairway
to be built into the required side yard.
The code requires two exits on the third floor
of a building.
There was no one present to represent this case,
so the members moved to table discussion on this
until later in the meeting.
WERNING 77-17
This is an application by John Werning to enlarge
the existing kitchen, living room and bathroom of
the A frame behind the Endeavor lodge and add two
employee units.
The building inspectors comments were read into
the minutes: application is made for a building permit
to build a one bedroom unit and two studio units on an
existing nine room lodge and two bedroom dwelling unit.
The existing lodge and dwelling unit is on a 4500 square
foot lot. With the existing two bedroom unit and
proposed two studios and one bedroom unit 5350 square
feet of lot area would be required. Sec. 24-3.4 Area
and Bulk Requirements. RMF Zoning District.
Lodges are not a permitted use in the RMF Zone.
No additional structure not conforming to the requireme'
of the zoning ordinance shall be erected in connection
with such non conformng use of land. Sec. 24-12.2 (d)
Non conforming use of land.
The members felt that there was some discrepancy in
the Inspectors interpertation of the application and
the applicants plan. The interpertation by the Insp-
ector has the application asking for three units, wher
actually one remodel and two additional units are
requested. Mr. Werning explained this to the board
members. He presented copies of the plans for this
proposed expansion on the Endeavor Lodge. There were
several members of the public present at this meeting
as concerned neighbors of this proposal, and they also
reviewed the plans. In trying to establish a "hardshi;
which is required for the granting of a variance,
.Mr. Werning stated that he has paid for outside housin'
for employees of his lodge this past winter, and is
continuing to do so. The addition of the employee
housing unit.s would enoble the help to live on the
premises, provide adequate housing for employees and
woul,l ,'neour ilC1l' 101lC] term employees. The ni J1l' room" "
the 10c1<lc an' eurrc'ntlv short term rentills. TI\l'
Zlddit..io!-1, llt~ f('t"'ls ,",,'ou1d. m.lkc' t:hc lodqc:, man."' ('~;tlH'til')
nppe"d.inq to the SUl~rollnding ,lrt?il. 'l'ht'rf' is ~l ql"l'dL
dC'ill of COllc('rn by th(' people in that 1l('iqhborh,)",1 ,II..
tilt' d"Il";!Y o! tllt~. ]n<!q,', the parki1ltl probl"1ll (till"." ,
nllly 011 "L,'",'L I'",->;j Ilq provided) ,111,1 t h,' <1<'11"1.,\1
iqllll'<ll",lIH'\~ 01 t 111' },(hl'lt'. r-.lt'. Wl'rninq \\Inuld 111'(1\'(1':", ,\
<Ill d-'tt"I-(ldLt,~ ill low....'" lilt' dt'n~~ity by rt'III\)\lillQ llllll lit..;
ll~;('d in tll(~ ~l!J()rt t,'nll rt'nLd]~~t and (.Hldinq tIll' ('lIllll\l\,t",
Board of Adjustment
Regular Meeting
June 30, 1977
Lavignino feels that the applicant is confronting two
problems. The first being the zoning in the RMF zone
and the square footage requirements. Secondly, a
hardship has to be shown in order to obatin a variance.
Lavignino doesn't feel that either problem has been
dealt with appropriately. Mr. Werning stated that he
needs more help to run the lodge, and cannot provide
outside housing for them whereas, with employee housing,
as stated before, the employees would be on the premise,
Lavignino also stated that "pratical difficulty"has to
be shown. There are several letters submitted in
reference to this application, and they were noted in
the record. Gavilon Condos Association (protest) on
the grounds of concern over the parking problem, and
general appearance of the lodge. Paul Graves (protest)
on the grounds of lack of hardship, overcrowding, and
parking problem. Queen Victoria Condos (protest) on the
grounds the lodge is overgrown in appearance, and they
feel that any addition to the iodge could compound the
existing problem. Also concern over the parking problem
(signed hy Garth Gilpin) Mrs. Earl Hose 926 E. Hopkins,
concern over parking problem, and possible building codc
violations in the past when additions were made.
Queen Victoria Condo Assoc. (Ralph Ashely}, (protest)
on grounds of architectural and parking space problem.
Clayton Meyring entered the meeting.
The statement on the application was clarified with
the Building Inspector Meyring. It is simply two
additions, not three, with the existing structure to
be remodelled. The parking problem was discussed by
the members. smith asked Meyring if parking was made
a requirement at the time the other additions were done.
This was so, and no parking was provided by the owner.
The problem of determining the square footage requiremen_
was discussed by the members. The building cannot be
considered a lodge, as lodges are not permitted in the
RMF zone, so it can be considered a nine bedroom house.
(Multifamily). For a nine bedroom multifamily structure
at least 9,000 sq. ft. are required. The additions woul,
require at least l,OOO each, which would bring the total
square footage requirement to ll,OOO sq. ft. Lavignino
doesn't feel the applicant can meet this requirement.
He also reminded that no nonconforming building can be
erected. The hardships posed by the applicant so far
are simply economic and esthetic, which cannot be dealt
with by this board. Werning feels that he is morally
obligated to improve the property and provide housing
for his employees. Lavignino feels that this can be
done within the perimiters of the existing structure
without applying for a variance.
Pat Boyd of 915 E. Hopkins is present as a member of
the concerned public. She is protesting this applicatic
because of the parking problem and stated that she has
to repeatedly call the police because of this problem.
She also does not feel that a hardship exists, that is
not of the applicants own making. Perry Harvey of
990 E. Hyman stated that he was concerned also about th
parking, but more so because there is no guarantee the
additional units would be used strictly for employee
housing. If this variance is granted, something very
riqid should be statcd to ensure this use. The public
comments were closed and the members were polled as to
their feeling on this application.
Pdttt.'r~-;on j~-, cOT1Ct'rnl'd tlboutthc dC'nsity ;:lnd p;ll~kiTHJ
pr(lbll..'m~;. lh_~ would IIOt. be .ill ftlvor or qr~lnt:.illq .1
Varidl1l'L~ ,]~, rl'qut'sLl...d, they nl'cd to hdVC' ~,()}lll' p;u"kinq
ifll'oqJOl"dlt'd into till' pldll:,.. fIe i~,; dl~;o l'OIH"Cl'l\l,d "llc)t'
tit" """ or tlt" two "d,1itinl1<11 unit". ('ol,'''(ell'k fe,,'1,;
th-lt jIl view nl till' pt,jcct--iOllf; frotH the' "d j.H'('llt PlOI'('1
O\\-Jlt'l"~; ,IIH1 tlle l\"ll~J'; i llt! }11',ddclIl a[; wI'11 ,I:; wl1.il Ill' t l't'.l
BRADFORD PUBLISHING CO" Dr:NVER
RECORD OF PROCEEDINGS
Board of Adjustment
Regular meeting
June 30, 1977
'.
is an inadequate proof of hardship, he would not be
in favor of granting a variance. Ms. Mann feels that
the hardship is of the applicants own making and that
the concerns of the surrounding community should be
acknowledged in considering this application. She would
not be in favor. Smith stated that in view of the
applicants past record (not providing parking when it
was required in the past)he would be against granting
a variance. He doesn't feel the applicant has offered
an adequate alternative to the plan nor has he shown
sufficient grounds for granting a variance. Smith
would be opposed.
/
Werning stated that he was concerned about how to finish
this building without adding more density. The board,
however, cannot modify his application to that extent.
Ms. Mary Werning, sister to the applicant, stated that
they would be interested in coming back to the board,
possibly with an application to simply improve the livi~
conditions of the A frame behind the lodge. Patterson
stated that the board would not be adverse to this, but
that the parking should be taken care of and the adjacen
owners would then probably be favorable to any fixing
up of the property. Settle that issue first, as their
comments are considered by the board.
Smith moved to deny the variance application request
by John Werning as no hardship or pratical difficulty
was established by the applicant. Colestock seconded,
all in favor, motion carried.
HINDELANG 77-16
Mr. Garth Gibbons is present to present this application
As stated before, this application is for a variance to
permit a balcony and stairway in the required side yard.
The building inspectors comments were read into the
record. The proposed construction will extend
approximately four feet into the side yard. The
required side yard is five feet. Sec. 24-3.4 of Area
and Bulk requirements - RMF Zoning.
The plans were reviewed by the members of the board.
The requirement by the code was discussed, and Clayton
Meyring clarified that two exits are required for any
structure over two floors. There is a requirement as
to how far apart the exits can be, but they can both
be on the same side of the building. Meyring stated
that actually, the work being done inside the building
was cutting down the density by enlarging the bedrooms
from their present size. Smith asked about the balcony
that exists there now, which was added in 1972, and is
being used for traffic, without adequate railing. The
balcony requested can be added if it is not used for
egress and does not project into the side yard.
Lavignino stated that there was somewhat of a hardship
by thc code requiring two exits, but that doesn't mean
thcy have to be on opposite sides. Gibbons stated thai
the dormcr on tho othcr side of thc building docs offel
a possiblc altcrniJtive. The building WiJS built with
only about iJ 5' sctback from the al] cyan thc south "i,'
but t.h,'n' is plellty of room on thc norLh iJnd Wc'st "i,k
rrhC'rf' _i::-; currc'ntly a sL:lir\\)~lY on tht' Wt'st sidf'. 'J'ht'
nll'm!)(',." "ere polled as to Lhcir fecI j 11'1 about till'
<1l'p]i""L iOIl.
~1,;. ~1.ll\n doc's not feel tit,,! Llll' hanbilip and 1'''''1 il'"l
difficulty exi,,\: if ill' "Jh'rllal:C pI,,,, is u",'<I. ~;Illitil
j('(']:; IIt,d till' pD:;l:; w"llld fll! U,cr n,,,(,-jcL ,t1I,'y