Board of Adjustment and Appeals

AGENDA 1000 Englewood Pkwy – Council Chambers Board of Adjustment and Appeals Meeting Englewood, CO 80110 Wednesday, August 12, 2026 ♦ 6:30 PM 1. Chair Taylor approved the agenda. 2. Call to Order 3. Approval of Minutes Board of Adjustment and Appeals - 13 May 2026 - Minutes - Pdf 4. Approval of Findings of Fact 5. Public Forum This is an opportunity for the public to address the board regarding items not on the agenda. Commissioners and staff will not engage in a dialogue or answer questions during this time. Speakers may be directed to staff or other sources for responses at a later date to questions raised during Public Forum. Presentations are limited to three minutes. Questions and comments may be emailed to commdev@englewoodco.gov Zoom Meeting Link: https://englewoodco- gov.zoomgov.com/webinar/register/WN_F9c3CvuuSMq51QZrRHbL4Q 6. Public Hearing: Case VAR2026-003 Applicant: Larry Butler Property: 4621 S. Acoma St. Request: The applicant is requesting a variance to install a detached carport in front of the primary residence. This is a variance to Section 16-5-3.B, Table 5-3 of the Englewood Municipal Code. Staff Contact: Erik Sampson, Senior Planner Meeting Materials 7. Staff's Choice 8. Attorney's Choice 9. Board Member's Choice 10. Adjourn Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed.  }~•€•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`  0 0 ` a0a b cd c e   a0a f g  hijkiljimnnoipqjrqmnokstuvwvxmynoqyqljqz F   a b cd c{0 ` | J /=,:+>+??3.6-' J f g {e   | J 78&''9:;<3.6-' J &'()*+),-. J 23'+45-,6 J  0       !" #$$%&'()&*+,-.,-/0&*+(12 3" 456),1+&%57 8" 456),19:(%,-/; <= >?@AB  C?D@E>@  AFA G>AHHAA G> AI>GAJ >A>HA> HA>> K      @>L===AHM >A=  > N@ CMMC@ I IIMA>MK   A0C @ AA I  >  IA  @AB >MMM B A >MK   A0  AFAAH G>>   FAM H A  @C@ M>G>NA AK    OA >> A0PQJHH   NHA@F>  FA0> A>IM@>L===A HM >MA>AK A> G AR Q AMHA A@A=F @>A> A >AASGMK  >HK   FA0HIAA >A>IQ MAMHA@A= F >Q  OAAK  AAHM> T&':.6UT:76:%V&W-X&W)  0   !"# $%&'()*)++$, -./-0/123/4565786659:2/;;4<32=><4/1.<4-8-24?42@-/A AB02@12CB-.<D--.2;4B?/4E421B=2@0E42FDB42?2@-1;D41D/@--< 120-B<@G8HI8H8/J5J=<>-.22@KA2C<<=?D@B0B;/A0<=2CB-.-.2 0<@=B-B<@-./--.2D;=/-2=-/L=<0D?2@-1/42;4<3B=2=C.2@ 42@2CB@K-.2565M/@@D/A1.<4-8-24?42@-/AAB02@12J N$ OP)(,+ O ,+)( %QRQ'S"TU!V W %&'()*)++$,SU!V W XYZ W [\XY]^ W _ W `ab W    Y[ccdeX\ fg +)hhi,jQ( kg O++$!i,jQ( lg U)$"# $i,jQ( mg On&$ _o Ypq rst \ uov^0 YY TO: Board of Adjustment and Appeals THRU: Collin Wahab FROM: Erik Sampson DATE: August 12, 2026 CASE NUMBER: VAR2026-003 PROPERTY OWNER(S) AND ADDRESS: Larry Butler APPLICANT(S) AND ADDRESS: 4621 S. Acoma St. REQUEST: The applicant is requesting a variance to allow for the installation of a detached carport in front of the primary residence. This is a variance to Section 16-5-3.B., Table 5-3 of the Englewood Municipal Code. PROPERTY ZONING AND LOCATION: R-2-B BACKGROUND: The property at 4621 S. Acoma Street has an existing driveway that provides access from Acoma Street to the front of the residence. There is currently an attached garage on the property, but it is not large enough to accommodate the applicant's vehicle. In addition, the property has alley access, but the backyard has been landscaped and contains several mature trees that the applicant wishes to preserve. Therefore, the applicant is requesting approval to install a 10-foot by 18-foot carport over the existing driveway in front of the primary residence, with the structure located eight feet from the front property line, in order to protect a vehicle from hailstorms and winter weather. This request requires a variance to Section 16-5-3, Table 5-3 of the Englewood Municipal Code (EMC) which stipulates that residential accessory structures, such as carports, must be behind the rear building line of the principal structure. REFERRAL COMMENTS: The building division reviewed the proposed carport and Kerry Babin, Deputy Building Official, provided the following comment: 'Conditional approval is being granted with the understanding at least three sides of the carport remain completely open. Any enclosure will void this approval and require additional fire-rating measures and proper permits.' 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 five 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. The subject property is approximately 7,600 square feet and is a similar size and shape as the surrounding properties in the neighborhood. The topography of the parcel does not lend itself to any peculiarities, but the backyard has been landscaped and contains some mature trees, some of which would potentially need to be removed if the carport were to be installed behind the primary residence, as per EMC requirements. 2. The second criterion is that the condition creates a practical difficulty or unnecessary hardship where strict application of the standard unreasonably deprives the applicant of privileges enjoyed by other properties in the vicinity. The subject property includes an existing single-car garage and alley access, providing several opportunities for off-street parking similar to other properties in the surrounding area. Although the applicant's vehicle is too large to fit within the existing garage and modifying the garage may involve a significant expense, staff does not believe these  circumstances constitute an unnecessary hardship. Staff finds that the property can be reasonably used and enjoyed with the same privileges afforded to other properties in the vicinity. 3. The third criterion is that the variance is consistent with the intent of the zone district regulations to secure public health, safety and welfare. Pursuant to Section 16-5-1.A. of the EMC, the intent of residential development regulations is to 'Improve the appearance and livability of neighborhoods with good neighborhood design, including streetscapes, parks and trails, civic spaces, and other focal points that shape neighborhood character.' Staff does not believe that locating a carport within the required front yard setback is consistent with the neighborhood design objectives of the residential development regulations. 4. The fourth 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. Although the approval of the variance will not impair the development of adjacent conforming lots, staff believes that allowing carports in front of residential structures would alter the essential character of the neighborhood. Staff believes that introducing an accessory carport into the established front yard, where buildings and accessory structures have historically complied with the required setbacks, would negatively impact the goal of promoting a pedestrian-oriented streetscape. 5. The fifth criterion is that the variance is not a self-imposed difficulty or hardship. Staff does not believe that the ownership of a larger vehicle constitutes a hardship that could be defined as 'not self-imposed.' In addition, there are other options available for the applicant that would allow the vehicle to be protected from the elements while meeting all EMC requirements, even if these options create an additional expense for the homeowner. COMMUNITY DEVELOPMENT RECOMMENDATION: Community Development recommends denial of this variance request. ATTACHMENTS: 1. Applicant narrative and site photos 2. Neighborhood notification 3. Site Plan 4. Staff Presentation This is in reference to specific code citation Section 16-5-3.B, Table 5-3. I am requesting zoning variance to allow me to have a carport professionally installed in my driveway in front of the primary residence. It would be anchored into the concrete and would be 10’ wide, 18’ long, and 8’ high. I have included pictures from the front and backyard. In the back I have a honey locust tree on the north side and a mugo pine tree and clothesline. On the south side I have a garden with several shrubs and a lavender bush along the fenceline. I also have 12’ x 8’ storage shed and several boulders that would be in the way if I put the carport in the backyard. In addition, my neighbor’s garage on the south side blocks winter sun for approx. 30-ft along the property line and is ice and snow all winter. This is why there are no plants or trees there. The backyard is also where my dog spends a lot of time as it is a secure area. To put the car port in the back I would have to take down or remove all these items as well as completely redo my back and front gate. As a senior on a fixed income I would not be able to do this. For the variance review criteria, please see my responses below: 1. Unique physical conditions exist. 2. The condition creates a practical difficulty or unnecessary hardship. My garage is undersized for even a smaller vehicle; my FJ is a mid-size SUV which will not fit in the existing space. In addition, the landscaping that was installed in the back yard in addition to the two mature trees (which I had purchased at the Englewood tree sale 15 years ago), would need to be removed in order to install a carport in the back of the property. 3. The variance is consistent with the intent of the zone district regulations. The carport will not impact any neighbors or the zoning regulations. 4. The variance will not permanently impair the use or development of adjacent properties. The approval of the variance will not have any negative effect on neighboring properties and I have a signed neighbor notification form from the neighbors to the north attached with the application. 5. The variance is not a self-imposed hardship. I did not originally construct the small attached garage and having to remove trees and landscaping in the back yard to comply with code would be very disruptive and expensive. Enclosed are pictures of the front, back, a signed neighbor notification, and a proposed site plan. I can be reached at (please do not text as this is a land line). Thank you for your consideration. Larry Butler 4621 S Acoma St. Englewood, CO 80110 Images of 4621 S. Acoma provided by the applicant. Location of proposed carport. Backyard landscaping. Backyard landscaping.  1000 Englewood Parkway - Englewood I: crrv or r’nMMIINHV nrvr l mmrm Englewood, CO 80110 www.englewoodco.gov NEIGHBOR NOTIFICATION . i Date: TO WHOM IT MAY CONCERN: The owners(s) LIIKKWEQTLLIL— I LI6) I §hoIn “Cal/IAS I ~— of the property located at Englewood, Colorado, are proposing (0: IN g‘l-A-\.L— Small—CAKPOLI io’w >A Ro’L )4 ‘7’» FMT pmvew?ul I, WINFQ 0’ NIET—D I’I’I—ZQI/Uf‘la— the undersigned OWNER(Slof the property located at: NIt?” S ACOMP;3T— have been notified of the variance request and: \/ have no objection the proposal. to object to the proposal. COMMENTS: Date: Iii; II (El; Revised Apiil ZS, 2025 Planning 8: Zoning Buildino ‘ EconomicDevelopment ‘ 303 762 231171 30's 7:3; 1:56 30 7'62 2399 VAR2026-003 Presented By: Erik Sampson, Senior Planner Board of Adjustment and Appeals August 12, 2026 Site Information • Project Address • 4621 S. Acoma • Applicant: • Larry Butler, property owner • Zoning: • R-2-B Variance Request • To install a 10’ x 18’ carport in the driveway in front of the primary residence. This a variance to Section 16-5-3.B., Table 5-3 of the EMC. Existing Conditions • Proposed location of carport. • The applicant is requesting to install the carport in front of the residence as the existing attached garage is too small to accommodate their vehicle Existing Conditions • Requesting to install the carport in front of the house is also due to the existing landscaping and mature trees in the backyard Proposed Location Approval Criteria 1. Unique physical conditions exist, such as size, shape, location, topography or surroundings, which are peculiar to the land or structure involved; 2. The condition creates a practical difficulty or unnecessary hardship where strict application of the standard unreasonably deprives the applicant of privileges enjoyed by other properties in the vicinity; 3. The variance is consistent with the intent of the zone district regulations and will secure public health, safety, and welfare; 4. The variance will not permanently impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood; and 5. The variance is not based on a self-imposed difficulty or hardship. Staff Recommendation Community Development recommends that the Board of Adjustment and Appeals deny the variance request to install a 10’ x 18’ carport in front of the primary residence. Questions? • Project Address • 4621 S. Acoma • Applicant: • Larry Butler, property owner • Request: • To install a 10’ x 18’ carport in the driveway in front of the primary residence