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HomeMy WebLinkAbout11/14/1991 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting r t " l ZONING BOARD OF APPEALS AGENDA November 14, 1991 Appeal 2009. The variance would allow a proposed Burger King restaurant to have two freestanding signs` instead of the one freestanding sign allowed. Specifically, the variance would allow a 25 sq. ft. , single-faced menu board sign for the drive-up lane to be erected in addition to the main 36 sq. ft. Burger King identification sign. Section 29-595(h) by Rick Hattman, for the owner, 1606 N. College Avenue. Appeal 2010. The variance would reduce the required side and setback along the east property line from 25 feet to 18.83 feet, and for an existing church building in the RLP zone. This is the distance that currently exists from the east wall of the existing building to the east property line. The planned addition will comply with the required setback, therefore the variance is only for the existing building. Section 29-148, 29-133(5) by Dr. Steve Roberts & Pastor Ken Stephens for the church, 625 E. Harmony Road. 3J` Appeal 2011. The variance would allow a 38 square foot individual letter sign to be placed on the east wall of the building and still allow the sign allowance to be calculated based on the length of the south wall of the building. Specifically, "Blockbuster Video" would be placed on the existing sign band on the east wall . Under the code, if a sign is placed on the side of the building facing the street, the sign allowance is based on the length of that wall . In this case, that would result in the sign allowance being reduced by approximately 50 % if a sign is placed on the east wall . Section 29-593(3) by Shaw Sign & Awning, 925 S. Taft Hill Road. Appeal 2012. The variance would reduce the required setback from the Prospect Road property line from 20 feet to 1 foot for a carport addition to a single-family home in the RL zone. Section 29-133(3) by Ed & Thelma Fleener, 1513 Constitution. Appeal 2013. The variance would reduce the required rear yard setback along the south lot line from 15 feet to 32 inches, and would reduce the required side yard setback along the east lot line from 5 feet to 16 inches in order to allow a 64 sq. ft. , 10 foot high storage shed in the NCL zone. Section 29- 119(4) , 29-119(5) by Steven Nye, 136 N. Shields Street. 6. Appeal 2014. The variance would reduce the required rear yard setback along the alley from 5 feet to 0 feet for a new, detached 2-car garage in the NCM zone. Section 29-167(4) by Michelle Aree for Republic Garages, 418 Park Street. 7. Appeal 2015. The variance would reduce the required rear yard setback along the east lot line from 15 feet to 5 feet for a new, detached 2-car garage in the NCL zone. Section 29-119(4) by Bud & Meredith Razey, 601 E. Elizabeth. 8. Other business. r. ZONING BOARD OF APPEALS AGENDA Regular Meeting November 14, 1991 Appeal 2009 --- 1606 N. College Avenue --- Petitioner: Rick Hattman, for the owner --- Zone: HB --- Section 29-595 (h) �j --- The variance would allow a proposed Burger King restaurant to have two freestanding signs instead of the one freestanding low sign allowed. Specifically, the variance would allow a 25 sq. ft. , single-faced menu board sign for the drive-up lane to be erected in addition to the main 36 sq. ft. purger King identification sign. ISD --- Petitioner's statement of hardship: Since the property has only one street frontage the code allows only one sign, but it is important that a drive-up restaurant have a menu board for the drive-up lane. The menu board has to be located an adequate distance from the pick-up window in order to facilitate circulation. The menu board will not be visible from College Avenue. The Zoning Board has granted many variances in the past for similar situations. --- Staff comments: Appeal 2010 --- 625 E. Harmony Road --- Petitioner: Dr. Steve Roberts & Pastor Ken Stephens for the G church � p --- Zone: RLP --- Section 29-148, 29-133 (5) --- The variance would reduce the required side yard setback along the east property line from 25 feet to 18.83 feet, and for an existing church building in the RLP zone. This is the distance that currently exists from the east wall of the existing building to the east property line. The planned addition will comply with the required setback, therefore the variance is only for the existing building. --- Petitioner's statement of hardship: The church was annexed into the city in March of 1990. Approximately six months prior to annexation, the church and the property owner to the east, oak Farms, Inc. , began discussing a land swap. The details of the land exchange were completed and agreed upon when the property was still in the county. The 18 .83 foot setback complied with the county regulations, but when Oak Farms, Inc. contacted the county about recording the lot line adjustment, it was discovered that the church would have to be annexed because of a state regulation. Neither the church or Oak Farms, Inc. were aware of the 25 foot side setback that applies only to churches and schools. oak Farm, Inc. is guaranteeing a minimum 30 foot setback between the church and buildings on their property through an administrative change to the Oak-Cottonwood Farm masterplan. --- Staff comments: Appeal 2011 --- 925 S. Taft Hill Road --- Petitioner: Shaw Sign & Awning --- Zone: --- Section 29-593 (3) --- The variance would allow a 38 square foot individual letter sign to be placed on the east wall of the building and still allow the sign allowance to be calculated based on the length of the south wall of the building. Specifically, "Blockbuster Video" would be placed on the existing sign band on the east wall. Under the code, if a sign is placed on the side of the building facing the street, the sign allowance is based on the length of that wall. In this case, that would result in the sign allowance being reduced by approximately 50 % if a sign is placed on the east wall. --- Petitioner's statement of hardship: The code allows the sign allowance to be based on the south wall in this instance, but only if there are no signs on the east wall. This same code provision also allows for 25% of the allowed signage to be placed on the north and west walls. The petitioner requested permission to install a sign on the north wall as allowed by code. An administrative change request to the PUD for the north sign was denied by the Planning Department, and additional signage visible to south bound traffic is important, therefore the request for a sign on the east wall instead of the north wall. --- Staff comments: ARPeal 2012 --- 1513 Constitution --- Petitioner: Ed & Thelma Fleener 0 --- Zone: RL O --- Section 29-133 (3) --- The variance would reduce the required setback from the Prospect Road property line from 20 feet to 1 foot for a carport addition to a single-family home in the RL zone. --- Petitioner's statement of hardship: There is an existing concrete pad at this location. The owner desires to construct a carport to cover his 32 foot long motorhome using the existing pad. --- Staff comments: Appeal 2013 --- 136 N. Shields Street --- Petitioner: Steven Nye --- Zone: NCL 0 --- Section 29-119 (4) , 29-119 (5) --- The variance would reduce the required rear yard setback along the south lot line from 15 feet to 32 inches, and would reduce the required side yard setback along the east lot line from 5 feet to 16 inches in order to allow a 64 sq. ft. , 10 foot high storage shed in the NCL zone. --- Petitioner's statement of hardship: The lot is narrow as well as being very shallow. There is virtually no back yard on this lot. Anywhere a shed is located on the property, a variance would be required. The shed that is being constructed is fairly small because of the limitations of the size of the lot. --- Staff comments: Appeal 2014 --- 418 Park Street --- Petitioner: Michelle Aree for Republic Garages --- Zone: NCM --- Section 29-167 (4) 3 --- The variance would reduce the required rear qu yard setback along the alley from 5 feet to 0 feet for a new, detached 2-car garage in the NCM zone. --- Petitioner' s statement of hardship: There are four large trees directly west of where the proposed garage is to be located. The trees would have to be removed in order to achieve a 5 foot setback. --- Staff comments: Appeal 2015 --- 601 E. Elizabeth zt --- Petitioner: Bud & Meredith Razey --- Zone: NCL --- Section 29-119 (4) --- The variance would reduce the required rear yard setback along the east lot line from 15 feet to 5 feet for a new, detached 2-car garage in the NCL zone. --- Petitioner's statement of hardship: This is a corner lot where the house faces the legal street side yard. Therefore, the east lot line functions as the side lot line instead of the legal rear lot line. If the east lot line was actually the legal side lot line, then a variance would not be needed. Also, since the east lot line is adjacent to the church parking lot, the intent of the code is met. The lot is very shallow, and given the location of the existing house, a garage could not be built anywhere on the lot without a variance. --- Staff comments: Other Business