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Home My WebLink About07/13/2000 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS AGENDA Regular Meeting July 13, 2000 Appeal 2304: — 516 South Meldrum Street --- Petitioner: Don Shields, Wickham Gustafson Architects, Architect --- Zone: NCB 4.8(D)(3)(d) --- The variance would reduce the required side yard setback along the north lot line from six feet to eleven inches in order to allow the construction of a ramp for handicap accessibility along the north side of the building. The building is currently a five-plex apartment building witho no handicap access, and the owner desires to convert the building to an office building with a basement apartment. --- Petitioner's statement of hardship: The change of use requires bringing the building up to 1 building code requirements for accesibility. The most feasable way to accomplish this is to J u� , construct a long ramp from the parking lot to the front entry along the side of the building. In order to comply with the required ramp slope, the ramp ends up being thirty-four inches +� above grade. Since it is over thirty inces above grade, the setback requirements must be met. If the ramp did not exceed thirty inches, it would not be regulated, but the lower height would result in a small step at the front door. This would not comply with the building code. --- Staff comments: The change of use requires that this property be brought into compliance with the Code. The applicant is meeting all applicable requirments except for the setback. Appeal 2305: --- 1510 West Oak Street — Petitioner: Michael G. Lacy, Owner Zone: NCL — 4.6{E)(4) The variance would reduce the required west side yard setback from five feet to three feet and one inch in order to allow a 12'x16' addition on to the front (south) of the home. The west wall of the existing home currently sits at three feet and one inch from the property line. The addition will line up with the existing west wall. — Petitioner's statement of hardship: The home was built in approximately 1918 with the setback at three feet and one inch. The owner wants to maintain the look of the home and by complying with the five feet required setback, a two foot offset would be created. Altering the architectural style would cover an existing bathroom window. --- Staff comments: None. Appeal_2306: — 1220 West Elizabeth --- Petitioner: Scott Lamaster and Kathy Nicol, Tenant and Owner — Zone: CC Coe" -- 3.2.2(M)(1), 3.2.1(D)(1)(c), 3.2.2(J), and 3.2.1(E)(2)(d) — The variance would reduce the required amount of interior parking lot landscaping from six percent to three percent; reduce the amount of full-tree stocking required within fifty feet of the west and east wall of the building; reduce the required five foot wide landscape strip along the east lot line to zero feet; and eliminate the required five foot wide foundation planting requirement along the west wall and along a portion of the east wall. The variances are necessary in order to allow the north half of the building to be changed from a nightclub to a healthclub. The petitioners are proposing to upgrade the site as much as possible by removing the existing parking between the pizza restaurant and the street, and replacing it with landscaping and sidewalk. Additional landscaping is also proposed where it is feasible. — Petitioner's statement of hardship: A health club is proposed for the north half of the building. That portion of the building has historically been a bar/nightclub. The change of use to a health club requires that the entire property needs to be brought into compliance with the Code. The petitioners believe that the improvements proposed will greatly enhance the streetscape and provide better and safer pedestrian movement. Any additional improvements that are required are not feasible to comply with since the property is already developed. It would be necessary to reconfigure the building and lose a good portion of the existing parking spaces. (Six of the existing parking spaces will be lost to accommodate the proposed improvements). -- Staff comments: The Board has heard similar requests in the past for changes of use that require property upgrades. Usually the Board has determined that a hardship exists if the existing development makes it impractical to comply due to resulting in a substantial hardship on the owner(such as loss of numerous parking spaces, having to reconfigure the building, etc.). However, the Board normally grants relief only if it is shown that the applicant is attempting to provide upgrades that are feasible. In this particular instance, the applicant is willing to remove all the parking between the building and the street, and replace it with sidewalk and landscaping. These streetfront improvements are considered by staff to be the most important upgrades associated with this project. Other Business.- -- The Board will continue discussions regarding a proposed code change that would expand the ability of the ZBA to grant variances under the "equal to or better than"scenario. f� ZONING BOARD OF APPEALS l AGENDA Regular Meeting July 13, 2000 Appeal 2304: --- 516 South Meldrum Street -- Petitioner: Don Shields, Wickham Gustafson Architects, Architect — Zone: NCB --- 4.8(D)(3)(d) -- The variance would reduce the required side yard setback along the north lot line from six feet to eleven inches in order to allow the construction of a ramp for handicap accessibility along the north side of the building. The building is currently a five-plex apartment building witho no handicap access, and the owner desires to convert the building to an office building with a basement apartment. -- Petitioner's statement of hardship: The change of use requires bringing the building up to building code requirements for accesibility. The most leasable way to accomplish this is to construct a long ramp from the parking lot to the front entry along the side of the building. In order to comply with the required ramp slope, the ramp ends up being thirty-four inches above grade. Since it is over thirty inces above grade, the setback requirements must be met. If the ramp did not exceed thirty inches, it would not be regulated, but the lower height would result in a small step at the front door. This would not comply with the building code. Staff comments: The change of use requires that this property be brought into compliance with the Code. The applicant is meeting all applicable requirments except for the setback. sf L� Appeal 2305: --- 1510 West Oak Street — Petitioner: Michael G. Lacy, Owner Zone: NCL — 4.6(E)(4) --- The variance would reduce the required west side yard setback from five feet to three feet and one inch in order to allow a 12'x16' addition on to the front (south) of the home. The west wall of the existing home currently sits at three feet and one inch from the property line. The addition will line up with the existing west wall. ---- Petitioner's statement of hardship: The home was built in approximately 1918 with the setback at three feet and one inch. The owner wants to maintain the look of the home and by complying with the five feet required setback, a two foot offset would be created. Altering the architectural style would cover an existing bathroom window. — Staff comments: None. 0 C Appeal 2306- --- 1220 West Elizabeth — Petitioner: Scott Lamaster and Kathy Nicol, Tenant and Owner -- Zone: CC -- 3.2.2(M)(1), 3.2.1(13)(1)(c), 3.2.2(J), and 3.2.1(E)(2)(d) --- The variance would reduce the required amount of interior parking lot landscaping from six percent to three percent; reduce the amount of full-tree stocking required within fifty feet of the west and east wall of the building; reduce the required five foot wide landscape strip along the east lot line to zero feet; and eliminate the required five foot wide foundation planting requirement along the west wall and along a portion of the east wail. The variances are necessary in order to allow the north half of the building to be changed from a nightclub to a healthclub. The petitioners are proposing to upgrade the site as much as possible by removing the existing parking between the pizza restaurant and the street, and replacing it with landscaping and sidewalk. Additional landscaping is also proposed where it is feasible. — Petitioner's statement of hardship: A health club is proposed for the north half of the building. That portion of the building has historically been a bar/nightclub. The change of use to a health club requires that the entire property needs to be brought into compliance with the Code. The petitioners believe that the improvements proposed will greatly enhance the streetscape and provide better and safer pedestrian movement. Any additional improvements that are required are not feasible to comply with since the property is already developed. It would be necessary to reconfigure the building and lose a good portion of the existing parking spaces. (Six of the existing parking spaces will be lost to accommodate the proposed improvements). -- Staff comments: The Board has heard similar requests in the past for changes of use that require property upgrades. Usually the Board has determined that a hardship exists if the existing development makes it impractical to comply due to resulting in a substantial hardship on the owner(such as loss of numerous parking spaces, having to reconfigure the building, etc.). However, the Board normally grants relief only if it is shown that the applicant is attempting to provide upgrades that are feasible. In this particular instance, the applicant is willing to remove all the parking between the building and the street, and replace it with sidewalk and landscaping. These streetfront improvements are considered by staff to be the most important upgrades associated with this project_ Other Business: — The Board will continue discussions regarding a proposed code change that would expand the ability of the ZBA to grant variances under the "equal to or better than" scenario. -Appeal 2304-516 South Meldrum Street -Appeal 2305- 1510 West Oak Street -Appeal 2306- 1220 West Elizabeth Street - Appeal 2304•516 S.Meldrum St.•The variance would reduce the City of of Fort Yequlred sldeyard setback along the north lot line from 6'to 11"In order construction of a ramp for handicap accessibility along the txL ,uSr aAnar� rt � fr. .v urrrr.r no th side of the buliding. _ - I Looking east towards the front and north side of the home.The home sits approximately 5.7"from the north property line. The parking lot to the north is not part of this project. Another view of the front of the home and the north wall. - I,. Looking east at the south side of the building and the south property tine. Looking west towards the rear of the building. The proposed handicap The building sit at approximately 6'8"from the south property line. ramp will run along the north side of the building(right side). _ r z "T Looking east Into the exIsting parking area.This parking lot Is proposed to nt •e,re r�•'.an� .�f.y.., y.. e upgraded . standards. tP I � _, �5.�_. _5 y _ Ida�,E_,y• jy 4 �11 .] I I 1 • l :ate �1 �� .sr it �.�-%• ,ram �"1, 5 �� T ++� � "`� ,F -�- r�r^!}:� . ..t � '�..�y -� '-.�� „;�-,K• ram,,,_ _ '..s- �'�e�`� - �,�. - 1 i.l Looking north at the east wall of the adjacent neighbors house. The proposed addition will span 16'across. I West I A�r'"' � ti Appeal 0 2306-12.20 West Elizabeth SL The variance would reduce the East required amount of interior parking lot landscaping from six percent to three percent,reduce the amount of full-tree stocking required within 50 ft of the west and oast walls of the building,reduce the required 5 ft wide The green highlighted areas show the areas that are required to be landscape strip along the east lot line to 0 ft and eliminate the required 5 I landscaped. P� � {I a t �46�• 'ly .I�{�sT�' I W. Looking north along the east property line. A 5 ft landscape strip is Proposed landscaping and site Improvement plan. required along this property line and additional required landscaping would result In the elimination of 5 existing parking spaces. Facing south,looking at West Elizabeth St Three of the existing parking spaces near the street light would need to be eliminated and Looking west along West Elizabeth Street. The four parking spaces on replaced with a landscaped Island and sidewalk per code. The the south side of the building will be eliminated and sidewalks and applicant is requesting to eliminate t space and add landscaping and a landscaping will be nstalied, sidewalk. 9 k I A five it landscape strip is required In the area where there now exists All parking will be eliminated along this south side of the building.A a sidewalk. The applicant is proposing to keep the sidewalk and not landscaped area of trees,shrubs,lawn and sidewalk will be installed. Install landscaping in that area, _ The End tg� July 13,2000 I' City of Fort Collins Looking north along the west wail of the building.This alley Is used aS a service access way for the buildings on both side. The applicant Is requesting that no landscaping be required along the west wall of the - - A