Englewood board approves variance to allow attached ADU, garage at 2799 S. Downing St.

The Englewood Board of Adjustment and Appeals on an unspecified meeting date approved a variance to allow construction of an attached accessory dwelling unit (ADU) and garage within the 20-foot rear setback at 2799 South Downing Street.

City planner Will Charles, Planner II in Community Development, told the board the lot is an unusual configuration for the block and that a property line currently runs through the middle of the house; the structure therefore sits on two legal, nonconforming lots that are under common ownership. Charles said staff recommended approval of the variance “with the condition that a minor subdivision be completed to clean up the… lot line that runs through the middle of this property.”

The applicant, Nathan Wagner, testified that the project would move the vehicle entrance from Downing Street to the alley “for safety reasons,” add an ADU above the garage and retain an on-site garage. Wagner said he had spoken with neighbors and had not received objections; he told the board he did not anticipate needing Xcel Energy to move the utility pole but would confirm service during the building-permit process.

The board’s questions and staff presentation laid out the applicable development standards: a 25-foot front setback, a 20-foot rear setback and 5-foot side setbacks for principal structures; by contrast, a detached accessory structure would have a 6-foot rear setback and 3-foot side setbacks but would be limited in height so it could not exceed the primary structure. Staff cited a recent code rewrite adding variance criteria and described five approval criteria the board must consider, including whether the site’s physical conditions create a hardship and whether approval would impair adjacent properties.

During discussion board members noted the lot’s orientation and the historic placement of the house—built in 1948—as factors supporting the variance. The applicant’s materials list the new garage footprint as about 677 square feet; staff reminded the board that ADUs are capped at 800 square feet under city rules and that detached garages can be limited to 1,000 square feet if they were detached.

A motion to approve the variance was made and amended to require that the minor subdivision combining the two lots be completed as a condition of building-permit approval. The board approved the motion by roll call vote, 6-0. Roll call recorded Mr. Collins, Miss Dickerson, Mr. Koenig, Mr. Cole, Mr. Friesen and Chair Taylor voting in the affirmative; the motion passed unanimously among members present.

Under the Englewood City Charter and the board’s procedures, any party aggrieved by the decision may appeal to a court of record within 30 days of the board’s decision; any approved variance becomes effective at the end of the appeal period, and building permits for associated construction are not issued until the appeal period has ended. Staff noted that building permits and any required utility clearances (for example, from Xcel Energy) would be addressed during the permit review process.