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HomeMy WebLinkAbout11/09/2000 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS AGENDA Regular Meeting November 9, 2000 1. Roll Call 2. Approval of the Minutes from the September 14, 2000, meeting. 3. Appeal numbers 2311, 2312 and 2313 have been withdrawn by the Applicant. 4. Appeal : 2314 The variance would reduce the required setback from the legal, rear lot line (the west lot line) from fifteen feet to ten feet in order to allow the owner to either place a 14'x28' storage building directly abutting the west wall of the garage, or to construct a fourteen foot wide addition to the west side of the garage. Section 4.3(D)(2)(c), by Ken Connell, Owner, 2601 Belgian Court. 5. Appeal : 2315 The variance would allow the thirty-five square foot Saddlebrook project entry sign to be located at the northeast comer of Timberline Road and Stetson Creek Drive, rather than at the entrance into the Saddlebrook housing project which is at the comer of Stillwater Creek Drive and Stetson Creek Drive. Section 3.8.7(C)(1)(f), by Vignette Studios, Petitioner, 5130 Timberline Road. 7. Other Business ZONING BOARD OF APPEALS AGENDA Regular Meeting November 9, 2000 Appeal numbers 2311, 2312 and 2313 have been withdrawn by the Applicant. A eeal 2314: -- 2601 Belgian Court --- Petitioner: Ken Connell --- Zone: RL 5 � Section 4.3(D)(2)(c) -- The variance would reduce the required setback from the legal, rear lot line (the west lot line) from fifteen feet to ten feet in order to allow the owner to either place a 14'x28' storage building directly abutting the west wail of the garage, or to construct a fourteen foot wide addition to the west side of the garage. --- This is a corner lot, wherein the front of the house faces the legal street side lot line, rather than the legal front lot line. The west lot line, by definition, is the legal rear lot line, wherein a fifteen foot setback is required. However, the west tot line actually functions as a side lot line. The code requires only a five foot minimum side yard setback, so the addition would comply with that requirement. Staff comments: This is a comer lot situation wherein the house faces the legal street side lot line. The location of the proposed addition is in a portion of the lot that actually functions as a side yard rather than a rear yard. Appeal 2315: --- 5130 Timberline Road --- Petitioner: Vignette Studios -- Zone: LMN -- Section 3.8.7(C)(1)(0 The variance would allow the thirty-five square foot Saddlebrook project entry sign to be located at the northeast corner of Timberline Road and Stetson Creek Drive, rather than at a4 the entrance into the Saddlebrook housing project which is at the corner of Stillwater Creek Drive and Stetson Creek Drive. --- See petitioner's letter. -- Staff comments: If the Board considers approving this appeal, a condition should be placed on the variance stipulating that no ID sign will be allowed at the "legal" entrances into the housing project. Other Business: --- The Board will be asked to make a recommendation regarding the proposed new code language that would expand the "grounds for variances" by which the ZBA is governed. City Attorney City of Fort Collins CONFIDENTIAL MEMORANDUM DATE: June 28,2000 TO: Members of the Zoning Board of Appeals Peter Barnes, Zoning Administrator THRU: Steve Roy, City Attorney FROM: W. Paul Eckman, Deputy City Attorney RE: Expanded Provisions for Granting of Variances ISSUE/CONCERN: Is it legally permissible to amend Sec. 2.10.2(H)of the Land Use Code to expand the ability of the Zoning Board of Appeals to not only grant variances in the case of unusual circumstances coupled with a hardship but also in cases where the applicant has presented a proposal which will advance or protect the public interests and purposes of the standard for which the variance is requested equally well or better than would a proposal which complied with the standard for which the variance is requested? CONCLUSION. It is legally permissible to expand the ability of the Zoning Board of Appeals to grant such variances. ANALYSIS: Presently the Land Use Code provides in Sec. 2.10.2(H) for the Zoning Board of Appeals to grant variances only if it finds an exceptional or unusual situation with respect to the property coupled with a hardship if the law were strictly applied. Last month,I presented to you a proposal to expand the ability of the Zoning Board of Appeals to grant variances under the"equal to or better than"scenario that the Planning and Zoning Board utilizes in some cases for the granting of"modifications of standards." The proposed language to be added to the Land Use Code would most likely be that which is attached to this memorandum. 300 LaPorte Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6520 • FAX (970)221-6327 L Members of the Zoning Board of Appeals Peter Barnes,Zoning Administrator June 28, 2000 Page 2 Following our discussion in May regarding this issue,I promised to do some research to make sure that such a change would be legally permissible and I have concluded that it would be legally permissible. First, §31-23-301,C.R.S. is the zoning enabling statute of the State of Colorado and, in subparagraph(1)thereof, the statute provides that: Such regulations shall provide that a board of adjustment may determine and vary their [meaning the City's zoning laws] application in harmony with their general purpose and intent and in accordance with general or specific rules contained in such regulations. . . In §31-23-307(1), C.R.S., we find the state law which authorizes the establishment of boards of adjustment and provides that: It shall also hear and decide all matters referred to it or upon which it is required to pass under such ordinance. . . This statute refers to the requirement that city councils establish boards of adjustment by ordinance and empower the board of adjustment under the ordinance. It appears to me from the foregoing provisions of state law that even statutory cities are enabled to empower their boards of adjustment as they deem necessary in the reasonable exercise of the zoning power under the ordinances establishing zoning boards of appeals (boards of adjustment). (As a home rule city,Fort Collins possess even more power to legislate than would a statutory city.) This is confirmed in IOTA,C.J.S.,Zoning and Land Planning, §234,which provides that zoning boards of appeal may be empowered to grant exceptions or special exceptions to zoning ordinances to the extent and under the circumstances specified in such ordinances that establish the zoning boards of appeal. Similarly, §25.232,McQuillan Muni. Corp.,explains that the functions,powers and duties ofboards of adjustment(zoning boards of appeal)maybe established and defined by zoning statutes, but ordinarily they are governed in particular by zoning ordinances. Accordingly,I believe that we can legally amend the Land Use Code to empower the Zoning Board of Appeals as above suggested if it is the desire of the Zoning Board of Appeals and the City Council to do so. WPE:med Attachment PC: John Fischbach, City Manager w/attachment !* That Section 2.10.2(H) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: ( ) 9nnr[1;IG With G."aditinnr by the Zoning Board of Apra is is harp tha—a;; ar's ability -te estall a Bela, energy-sy ,,, tho st,-icl sIu--w-liee maTbe granxed withQul substantial datriment :a the publiG good and w4how substantially impairingthp t---.,44d to auiew (H) Step 8 (Standards): Applicable, and the Zoning Board of Appeals may grant a variance from the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be detrimental to the public good nor authorize any change in use other than to a use that is allowed subject to Building Permit Review; and that: (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be varied would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or " (2) the proposal as submitted will advance or protect the public interests and purposes of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested. Any finding made under subparagraph (1) or (2) above shall be supported by specific findings showing how the proposal, as submitted, meets the requirements and criteria of said subparagraph(1) or(2). Zoning Board of Appeals November ber 8, 2000 Appeal 2314 - 2601 Belgian Court _appeal 231 -5130 Timberline (toad _ f 0 i ,.. �,- Appcaf?314-3601 ftelnl nt Court t7rc�arie�ui <+nuh1 . reduce the required ti(tback Frunr the!,dal,re:ii 1 it line flhi i lol line)tropr I�z feel to 101vct io of der to alitw the uencr to either place:!14'\28' loratte Iruiidinr directic a UuFlin"flit.�I e't'.t all of the Gu rode,or to either comh tit n - 14 font r.itic addition to the wc,t bide of iiie zirale.. I - Lr�a!ttnnr ' =r I Lnjting yjugh':N)n:::t!n:•,c::.lc.of i ls�ttri�li:r4r. '1 he«c<t lwrysc•ne Ior�--i-i k.le!%.., ,.1 d . I S'Iiierl 6e to w£ird 5ctb bc& is y��r� tar � e f_J -1,irmL n7 iyridh;etey�s; lh�r a'w prayakr��9iK: ;'.frasiss ti 6aa6 swf#lac Apr,twrak..%'— . k �f I(wt�t.ill^�ttikl illeiM�'�tlIi{44�dA 4ir1'%:jrd prufl�r• v fllir, phir Ii�iciwcTM @:i�rx sNiatlae trs+.•Pi".;;r.!SWC V.Iri9. -- � 'g—s.,.h 1 1noohrr t 4+,oI Pr Ir'::. tri.II ',.iriI-which seneA ry4Ilhe aWk, t arvl•e atR tle taf Litt'ltc"i, F F� 9L, i �.�_ r""►� ''-ram-- - l he di.t:u ee f'ntm tllc horn;to the prop;rh line{legal rear prupe t n liuel n'J feet. N ith the proposed addition them nooltl hr I(INUnec of 10 f;;t to the itraperth Jill;. r � r t _ rl7t ,RAM' 1p[c J '_.5 5a30,1l'mbc4- 1'- — 111e i> y ur iuol SudJko RU 'kI�u kd at the )i*urtl�tisr�e�,u��,r of Iepph�rlMq@ RdJf'� i �raN�l-� al nc��slc�.��nci n 3cm^�,i�1�1*tq�ksl ui� I �lonFr_-' — l'*Iri1 c�tci CTc&0-01 j i'ruFtqud location of si,n.\nrlh-e:t>s Ma curncr Uf SnulL'°'fiiatbcrliuc Rd uul�Ic,on 0 vu-1)1-. ''T"`' at squlh •a.t corner of k Ilr. 1 4 k -�- 1'ngtir.utl Iilcalilln o£si;;n.�'ortit gasi cupmtr urS`4ouf[7 I imbl riinc Rd:uid Stclson Cteek Ur. a. F.\clusi,c entrance At north-cast cornerof Slilh,alct (ree6 Ilr. and Stctwn(1 cek Dr. No variance mould be required tier a,i,,il at Illis Inratiun - b 'k •. ,. 1 fy� -I 1 __ - I - -�. -,vim!-•- �untbr r csclinisc euu ancc boctiq.vl al tRls nnrlh-earl and _,�- aotth-test corners of titeteuq�(lrck lh•.autt-SlcisUn a it) ik i i\ilu.i%c tnmmu locate and- _ nurElr-nc.t c T' Strl,un(reel.-l ¢��on(rock Cl. i The End