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HomeMy WebLinkAbout05/10/1990 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting 4 ZONING BOARD OF APPEALS AGENDA May 10, 1990 1. Roll call. 2. Appeal #1946. Allow an outdoor play area for a child care center in the RL zone to have a portion of their fence not be a solid fence with a height of 6 feet. Specifically, the proposed fence would consist of 147 feet of solid 6' high fencing, 14 feet of solid 5' high fencing, 14 feet of solid 4' high fencing, and 47' of 4' high fencing with 3 1/2" horizontal openings evenly spaced. Section 29-473 by Daryl Kimmel of River Song Waldorf School, 725 W. Drake Road. 3. Appeal #1947. Allow three freestanding signs along the Harmony Road " frontage of Hewlett-Packard instead of the one allowed by Code. Specifically, the variance would allow the existing HP sign at the main entrance, a new smaller identification sign at the recently opened east gate of 28 sq. £t. per face, and a new traffic directional sign of 7.5 sq. ft. to be located east of the recently opened east gate. Section 29-595(h) by Hewlett-Packard, 3404 E. Harmony Road. 4. Appeal #1948. Reduce the required lot width, at the narrowest point of the lot on which the building sits, from 60 feet to 50 feet. The variance would also reduce the required front yard setback from 20 feet to 18 feet for a new single family home in the RLP zone. Section 29-148, 29-133(2), 29-133(3) by Mark Deters, 606 Justice Drive. 5. Appeal #1949. Reduce the required lot width from 60 feet to 50 feet for a new single family dwelling in the RL zone. The home will comply with all of the required setbacks. Section 29-133(2) by Pastor Marvin Martinez, 525 loth Street. 6. Appeal #1950. Reduce the required lot area for a child care center in the RM zone from 9,000 sq. ft. to 5,701 sq. ft.. This would allow the existing child care center at 1205 Montgomery to expand into the building on the adjacent lot at 1201-1203 Montgomery in order to provide a school-age program. Section 29-178(1) , 29-471 by Mary Hamilton for Discovery Land Child Care Center, 1201-1203 Montgomery Street. 7. Appeal #1951. Reduce the required lot width from 60 feet to 45 feet for a new duplex in the RM zone. This same variance was granted 8/10/89, but a building permit was not issued within the six month time limit. Therefore, the petitioner is reapplying for the same variance for the same building. Section 29-178(2) by Habitat for Humanity, 523 Maple. 8. Appeal #1952. Reduce the required rear yard setback from 15 feet to 12 feet and the side yard setback along the east lot line from 5 feet to 1 1/2 feet for an addition to an existing detached garage in the RL zone. Section 29-133(4), 29-133(5) by Leland Balthazor, 938 W. Oak Street. R ZONING BOARD OF APPEALS AGENDA Regular Meeting May 10, 1990 Appeal #1946 0 ---725 W. Drake Road ---Petitioner: Daryl Kimmel of River Song Waldorf School u� ---Zone: RL 0,,�, D ---Section: 29-473 � l ---The variance would allow an outdoor play area for a child care center in the RL zone to have a portion of their fence not be a solid fence with a height of 6 feet. Specifically, the proposed fence would consist of 147 feet of solid 6 foot high fencing, 14 feet of solid 5 foot high fencing, 14 feet of solid 4 foot high fencing, and 47 feet of 4 foot high fencing with 3 1/2 inch horizontal openings evenly spaced. ---Petitioner's statement of hardship: The intent of the ordinance is to provide an adequate sound barrier for such outdoor play areas when they are in a residential area. This play area will be located far enough away from residential lots so that the noise from children will be minimal at best. This, coupled with the noise generated from vehicular traffic on Drake Road, should mitigate any noise concerns. However, a 6 foot high solid fence will be located where the play area is directly facing abutting residential lots, and areas of the fence which are less than 6 feet face the parking lot and a detention pond. A more open fenced enclosure, as proposed, provides a more beneficial outdoor environment for the children. There is existing landscaping around the play area. ---Staff comments: None. 4 Appeal #1947 ---3404 E. Harmony Rd. ---Petitioner: Hewlett—Packard, owner ---Zone: IL ---Section: 29-595 (h) S-0 w/ ---The variance would allow three freestanding signs along the Harmony Road frontage of Hewlett—Packard instead of the one allowed by Code. Specifically, the variance would allow the existing HP sign at the main entrance, a new smaller identification sign at the recently opened east gate of 28 square feet per face, and a new traffic directional sign of 7.5 square feet to be located east of the recently opened east gate. ---Petitioner's statement of hardship: The property has 4000 feet of frontage along Harmony. The two gates are a 1/4 mile apart, and the eastern gate has just recently been opened in conjunction with the opening of Building 5 and the new loading dock facility. It is important to direct trucks to the east entrance and visitors to the west entrance in order to minimize internal vehicular traffic problems. Since the speed limit on Harmony is 55 MPH it is necessary to have a directional sign with letters large enough to read at those speeds, therefore a 7.5 square foot sign is needed. The east entrance is now another main entrance and it is necessary to put some ID sign there to advertise it as such. The proposed 28 square foot sign will accomplish this, and it is certainly small enough so as not to add clutter to the streetscape. ---Staff comments: None. appeal 41948 — 606 Justice Dr. Petitioner: Mark Deters, owner -Zone: RLP ---Section: =9-148, ;?-133 k 3) p 39 +33i:, 1 ---The variance would reduce the required lot width, at the narrowest point of the lot on which the 'building sits, from 60 feet to 50 feet. The variance would also reduce the required front yard setback from 20 feet to 18 feet for a new single family home in the RLP zone. 'atz;�'au, — bcxXJe;A 1i- S 6"Y ---Petitioner's statement of hardship: This lot was platted years ago. Because of the 60 foot lot width requirement, the lot has a legal building envelope of about 36 feet wide by 26 feet deep. Since the subdivision covenants require a 2-car garage, it would not be possible for any house to be built without needing either a front yard, rear yard, or .lot width variance. a front yard variance is requested because this model is the one that comes closest to fitting in the envelope. 3ut because of the snallowness of the lot, only 69 Feet, t is necessary to move the house up 2 feet in order to meet the rear vard setback requirement. There is no land available to purchase from adjacent lots. ---Staff comments: '-he petitioner did not plat this subdivision, therefore it is doubtful that this should be considered a self-imposed hardship. The 69 foot depth of the _ot is very shallow. The average lot depth is Between 90 and 110 `eet. ( i'' (4'76 a Appeal #1949 ---525 10th Street ---Petitioner: Pastor Marvin Martinez G ---Zone: RL Q ---Section: 29-133 (2) ---The variance would reduce the required lot width from 60 feet to 50 feet for a new single family dwelling in the RL zone. The home will comply with all of the required setbacks. ---Petitioner`s statement of hardship: This lot is in an older subdivision which was platted before the Code required a 60 foot lot width. Without a variance, nothing can be built. A number of similar variances have been granted in the last several years for lots in this subdivision. A home used to exist on the lot but was demolished about 4 1/2 years ago. ---Staff comments: 11 similar variances have been granted in this subdivision, 7 on this street alone. Nothing can be built on the lot without a variance and the owner would be denied reasonable use of his property. I� Appeal #1950 ---1201-1203 Montgomery Street ---Petitioner: Mary Hamilton, for Discovery Land Child Care Center ---Zone: RM ---Section: 29-178 ( 1) , 29-471 --The variance would reduce the required lot area for a child care center in the RM zone from 9000 sq. ft. to 5,701 sq. ft.. This would allow the ' existing child care center at 1205 Montgomery to expand into the building on the adjacent lot at 1201-1203 Montgomery in order to provide a school—age program. --Petitioner's statement of hardship: The existing child care facility does not provide a school—age program. A need for this type of program exists in the community. Discovery land would like to expand into the building at 1201-1203 Montgomery in order to provide the program. Since it is a separate, principal building, the Code requires 9000 square feet of lot area per building, resulting in a total of 18,000 square feet. If the buildings were connected, only 9000 square feet of lot area would be required. They can't be connected since the buildings are under separate ownership. The petitioner intends on buying the property later in the year. There is adequate outdoor play area to comply with the requirements necessary for 60 children. Typically, all the operations of a child care center are conducted under one roof. This proposal would result in a campus—like center. See petitioner's letter for additional explanation. ---Staff comments: None. Appeal, #1951 — 523 Maple Street ---Petitioner: Larimer County Habitat for Humanity ---Zone: RM --Section: 29-178 (2) ---The variance would reduce the required lot width from 60 feet to 45 feet for a new duplex in the RM zone. This same variance was granted 8/10/89, but a building permit was not issued within the six month time limit. Therefore, the petitioner is reapplying for the same variance 3 for the same building. ---Petitioner's statement of hardship: The lot is an existing lot with only 45 feet of lot width. The same variance would be required for even a single family dwelling. The building could be turned and located at the rear of the lot and no variance would be required, but accessibility and use of the lot would not be maximized by such a layout. The proposed location would allow fenced in privacy areas, separate access points and better utilization of the lot. ---Staff comments: None. Appeal #1952 — 938 W. Oak Street ---Petitioner: Leland Balthazor, owner ---Zone: RL / Q ---Section: 29-133 (4), 29-133 (5) F ( �---The variance would reduce the required rear yard setback from 15 feet to es- 12 feet and the side yard setback along the east lot line form 5 feet to 1 1/2 feet for an addition to an existing detached garage in the RL zone. ---Petitioner's statement of hardship: The existing garage is only 18 feet wide, making it very difficult to park 2 cars side by side. The petitioner would like to enlarge the garage and at the same time add a work area and hydroponics room on a second floor. The existing garage is already only 1 1/2 feet from the east lot line and the addition would line up with the existing wail. The rear setback is requested in order to extend the depth of the garage. Building the 4 foot addition on the south side would decrease the parking and backup distance between the rt house and the garage. This would make it difficult to maneuver a car past the edge of the house since the garage is accessed from Oak Street instead of the alley. ---Staff comments: None.