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HomeMy WebLinkAboutlanduse case.boa.werning.hopkins.017-77 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