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Home My WebLink About03/15/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS AGENDA Regular Meeting March 15, 2001 1. Roll Call 2. Approval of the Minutes from the February 8, 2001 meeting. 3. Appeal : 2325 The variance would reduce the required interior side yard setback from 5 feet to 3 feet along the east side. Specifically, the variance would permit a detached garage to be set within 3 feet of the property line. Section 4.7(E)(4), by Tuff-Shed, Contractor. 410 Cherry Street. 4. Appeal : 2326 The variance would reduce the required street side yard setback along Lake Street from 15 feet to 10 feet in order to allow a two-car garage addition that will have access from the afley. A second story addition will also be added. The addition will line up with the existing building which is already only 10 feet from the Lake Street property line. The variance would also reduce the required lot area-to-floor area ratio from 3 to 1 to 2.875 to 1 in order to allow the square footage of the home to be 2733 square feet instead of the 2621 square feet permitted. Section 4.6(E)(4) & 4.6(D)(1), by Pam Marcus-Porter, Owner. 125 Circle Drive. 5. Appeal : 2327 The variance would reduce the legal rear setback along the north lot line from 15 feet to 9 feet in order to allow a single family home to be constructed on the lot. This is a comer lot, where the home will face the legal street side yard (Prairie Ridge Drive). Since the south lot line facing the cul-de-sac is the legal front yard, the north lot line is the legal rear, even though it functions as a side lot line since the home is to be oriented to Prairie Ridge Drive. Section 3.5.2(D)(3), by Lee Barker for Stoner& Co. Construction, Owner. 4708 Prairie Ridge Dr. 6. Appeal : 2328 The variance would reduce the required rear setback along the east lot line from 15 feet to 8 feet in order to construct a single family home on this corner lot. (The home that is currently under construction on the lot is located on an unplatted REA easement. It must be removed and a new home constructed outside of the easement.) Section 4.3(1))(2)(c), by William D. Flint, Proposed Buyer. 603 Bayberry Circle. 7, Appeal : 2329 The variance would reduce the required lot area from 10,000 square feet to 7,000 square feet in order to allow a new 800 square foot single family home to be constructed to the rear of the existing home at 338 E Pitkin, on the northwest corner of Pitkin and Peterson. The variance would also reduce the required setback from the property line along Peterson Street from 15 feet to 9.75 feet. (The existing home at 338 E. Pitkin is located seven feet from the Peterson Street lot line, so the new home will be set back further but will face Peterson Street instead of Pitkin Street.) Section 4.7(D)(1) & 4.7 (E)(4), by Dan Bernth, Owner. 338 E. Pitkin St., Bldg. B. 8, Appeal : 2330 The variance would reduce the required street side setback along Washington Ave. from 15 feet to 6 feet 9 inches to allow a porch addition onto the existing home. The porch is proposed to be constructed onto the rear of the home and wrap around to Washington Avenue side. It will extend six feet out from the existing west wall of the home. Section 4.6(E)(4), by Mike Adams, Contractor. 829 W. Mountain Ave. 9, Other Business ZONING BOARD OF APPEALS AGENDA Regular Meeting March 15, 2001 Appeal 2325: — 410 Cherry Street -- Petitioner: Tuff-Shed, contractor — Zone: NCM G --- Section 4.7(E)(4) .Q — The variance would reduce the required interior side yard setback from 5 feet to 3 feet along Q the east side. Specifically, the variance would permit a detached garage to be set within 3 feet of the property line. --- At the rear yard, there is a 2 foot diameter mature tree toward the center of the lot which will conflict with a garage at a 5 foot setback. Additionally, the alignment of the garage at a 5 foot setback in relation to the house prevents adequate access from driveway into garage. There was a garage previously on the site at the same location which sat on the property _4 line. That garage was removed in 1988. Staff comments: None. Appeal 2326: 125 Circle Drive -- Petitioner: Pam Marcus-Porter, owner. -- Zone: NCL Section 4.6(E)(4)&4.6(D)(1) --- The variance would reduce the required street side yard setback along Lake Street from 15 feet to 10 feet in order to allow a two-car garage addition that will have access from the alley. A second story addition will also be added. The addition will line up the existing building which is already only 10 feet from the Lake Street property line. The variance would also reduce the required lot area-to-floor area ratio from 3 to 1 to 2.875 to 1 in order to allow the square footage of the home to be 2733 square feet instead of the 2621 square feet allowed. --- The existing building is currently set back at 10 feet on the comer side. The owners would like to maintain the "line" of the house along Lake Street. There is also a very large blue spruce tree that would be endangered if the addition were built further to the south. Note that the garage doors will face onto the alley. -- Staff comments: The Board frequently considers variance requests for additions that line up with existing walls that have a nonconforming setback. This request is somewhat different in scale from the normal nonconforming wall extension. The north elevation drawing submitted by the applicant shows the existing home to be one-story, and the proposed addition to be 2-story. This results in considerably more building mass at the !' existing 10' setback than there currently is. Appeal 2327: — 4708 Prairie Ridge Dr. -- Petitioner: Lee Barker for Stoner& Co. Construction Zone: LMN Section 3.5.2(D)(3) --- The variance would reduce the legal rear setback along the north lot line from 15 feet to 9 feet in order to allow a single family home to be constructed on the lot. This is a comer lot, where the home will face the legal street side yard (Prairie Ridge Drive). Since the south lot line facing the cul-de-sac is the legal front yard, the north lot line is the legal rear, even though it functions as a side lot line since the home is to be oriented to Prairie Ridge Drive. -- The property fronts on two streets. The proposed placement makes the front of the house face the legal street side of the property and the left side of the house becomes the iegal rear. If the street side were the legal front, then no variance would be required. Prairie Ridge Court is the legal front and doesn't have adequate width to turn the house toward that front. Ll Staff comments: This is a fairly typical comer lot situation that the Board occasionally hears. Appeal 2328: --- 603 Bayberry Circle Petitioner: William D. Flint, potential owner. Zone: RL --- Section 4.3(D)(2)(c) --- The variance would reduce the required rear setback along the east lot line from 15 feet to 8 feet in order to construct a single family home on this comer lot. (The home that is currently under construction on the lot is located on an unplatted REA easement. It must be removed and a new home constructed outside of the easement.) -- While the property fronts on two streets, it is the number of various easements on the property which prevents an adequate sized house from being located on the lot in compliance with all setbacks. Easements cover 57% of the area of the lot. In addition, this is a comer lot, wherein the house faces the legal street side lot line, rather than the front lot line. The rear lot line actually functions as a side lot line, which only requires a five foot setback. -- Staff comments: None. l� r 0 7 A eal2329: -- 338 E. Pitkin St., Bldg. B — Petitioner: Dan Bemth, owner. --- Zone: NCM --- Section 4.7(D)(1) & 4.7 (E)(4) --- The variance would reduce the required lot area from 10,000 square feet to 7,000 square feet in order to allow a new 800 square foot single family home to be constructed to the rear of the existing home at 338 E. Pitkin, on the northwest comer of Pitkin and Peterson. The variance would also reduce the required setback from the property line along Peterson Street from 15 feet to 9.75 feet. (The existing home at 338 E. Pitkin is located seven feet from the Peterson Street lot line, so the new home will be set back further but will face Peterson Street instead of Pitkin Street.) --- See petitioners letter. -- Staff comments: The petitioner is seeking a variance based on the "equal to or better than" standard, instead of the hardship standard. Therefore the Board must find that the proposal will "advance or protect the public interests and purposes of the standard for X which the variance is requested equally well or better than would a proposal which r complies with the standard for which the variance is requested". A proposal which complies with the lot area standard would be the construction of a rear-lot dwelling on a cd�� gat it 10,000 square foot lot. �a Qv• If the Board is inclined to grant the variance, specific findings must be stated as to how a� j�V_+\ the proposal satisfies the "equal to or better than" standard. For instance, the Board may s C,ow -5 find that the variance for the lot area reduction and the street side setback for Building B: k� 1} Would not be detrim�efal to the public good, and S 2) The variance advances and protects 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 because: • The overall purpose of the standard is to limit the number of new alley houses, thereby minimizing the impact of alley homes on an alley and on the existing infrasturcture and density of the neighborhood. Since this is a comer lot rather than a mid-block lot, this is accomplished equally well by the placement of the rear dwelling orienting to, and fronting on Peterson Street, thereby creating no additional alley traffic or change to existing traffic patterns. Additionally, a lot of 7000 square feet is adequate enough to allow the existing home to be converted to a duplex without the need for any variances. Thus, this lot can accommodate a density of 2 dwelling units, which is the density being proposed. • The rear dwelling will be subordinate in size to the existing front dwelling and will be built with similar materials. • The parking for the new dwelling will come off of Peterson Street rather than the alley. • The design will protect the established character of the neighborhood which consists of homes fronting on streets and of other homes having been constructed on the rear of comer lots. • The number of curb cuts along Peterson will be reduced from 2 (currently) to 1 (future). • The siting of the home on the rear of the lot complies with the standard found in Section 4.7fl(i)(f), which requires the front of the new dwelling to face the street whenever the dwelling is constructed on a lot which has frontage on 2 streets and an alley. • The overall purpose of the setback standard is accomplished equally well because the location of the rear dwelling complies with the intent of the "contextual setback" standard contained in Section 3.8.19(B) of the Land Use Code. It is important for the Board to be able to make findings of fact that would be specific to this comer lot situation so that other applicants requesting the same type of variance would not be able to presume approval simply because their lot is the same size as the one in question here. This is especially important with respect to mid-block properties, wherein a rear-lot dwelling would truly be an "alley house". If the Board determines that the variance requested does not "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", then the variance should not be approved. Appeal 2330: -- 829 W. Mountain Ave. -- Petitioner: Mike Adams -- Zone: NCL — Section 4.6(E)(4) --- The variance would reduce the required street side setback along Washington Ave. from 15 feet to 6 feet 9 inches to allow a porch addition onto the existing home. The porch is proposed to be constructed onto the rear of the home and wrap around to Washington Avenue side. It will extend six feet out from the existing west wall of the home. -- The proposed addition is going to be more than 15 feet from the curb. The property is a comer lot and the property line is 18 feet behind the curb (two feet behind the walk). This results in a setback of 24 feet 9 inches from the curb. — Staff comments: None. 0 � t NU Lh vt" �itii1} J �.e �. 1 1,y■, Fj tr1 { � �'� 'ti;��?' � i�r�, _' - 1• q '`'y�� 'Q tea{ -:' v��'.� ,��a ��7Ya "Y.14 `'� �I1�,��L�k.y a n Cb•��'��i4 �,Ji Tf .� � � 11T17LY�'p'1� w��{]�A � ylil7 t1 t.�-.e inn "J'�� rr �I xl,4-0e,�.. F" iil.� �M..� .:t r 6 •t�� 7 ;- 1 ! _ rA1YY �k' ky T. I k �`. �y d11 Pl ilrj.,l L'P``FO'1 F• d - I ' fir.. - — All 11 11 1 1 1 . Looking east along the north property line. The existing %T home Currently'sits 10 feet in front the corner side property line. rl� i r Appeal 2326-125 Circle Dr. The variance would reduce the required street side-yard setback along Lake Sl from 15'to 10'in order to allow a two-car garage addition with access from the alley. A second story addition will also be added. The variance would also reduce the required _ Pot area to floor area ratio from 3:1.to 2.875:1. �n looking south along the alley and rear aI b property line. The proposed addition t will be 5 feet in from the rear property line. _ 4 • J Facing south and looking at the north side of the house. The proposed addition will replace the existing garage and estend towards the east(rear)property line. ire Looking north along the east(rear)property line out towards Lake Street. The proposed addition will be setback 5 feet from the rear property line. ll r ti.. Large tree.in the south west corner of the-back � yard. Facing west,looking along the north,corner Looking into the back yard at the rear of the house and - . .? 1 side vard properly line. Again.the house the existing garage. M1 currently sits at a 10'setback from the property line. The proposed addition will - line up with the existing north wall. Appeal 2327-4708 Prairis Ridge Dr. The variance would West corner side-yard property line along Prairie Ridge Drive. reduce the legal rear yard setback from 15 feet to 9 feet in order The house will be setback 25 feet from the back of the.sidewalk. } i to allow a single family home to be constructed on the lot. _ (20"from the property line). The house will face out onto this street. 00 + _ 1 The legal front yard is along the cul-de-sac. The proposed home wilt be setback 25'from the back of the sidewalk(20'from the properly line). - tit�11 f Corner side-yard. The house will face onto this side. mm -T3rt House under construction on the south side of the cul-de-sac. forth West j Gast r _ Appeal 2328-603 Bayberry Cr. The variance would reduce the required rear setback along the east lot line from 15 feet to 8 feet In South order to allots the construction of a single family home. i y Looking towards the south at the existing foundation that has been Looking south along Redwood St. The proposed(tome will sit constructed. The existing construction will be demolished and a ;approximately 52 feet in from the front property line. new house built. A� Looking east. The existing structure.vvili be removed and the Looking east along the north side of the property. The proposed house relocated approxlmatel�13.5 feet in from the south side- home will sit at approximately 52.5 feet from the north side-,yard yard properly line. jorolperty line. I ; IL Looking along the east/rear property line. The proposed home will be setback 8 feet from the rear property line. r, Looking back into the lot from the corner of Redwood and Bayberry. 1 ; b 77 _ • fit' Y. -- � r — Appeal 2329-338 E Pitkin St.Bldg B. The variance would reduce the required lot area from 10.000 sq ft to 7,000 sq ft in order to allow a new 800 sq ft single family home to be constructed to the rear of the existing home ` — i PL 20'from curb to property line =- x - Looking north lowards'the rear of the property. The small existing'shed The eft prop°sly the Starts to approx mate y;9 the sidewalk. From the back of the sidewalk to the curb along Peterson street is is proposed west i prop removed, The r-oposed dwelling d 9 be setback 3' approximately an additional 11'. The proposed dwelling will be setback from the west side property line,5'from the alley and 9'9"from�7e ca<st approx.29'9"from that curb. corner-side rc rty line.. •. r Looking into the property from the east side of Peterson St. An additional concrete parking area is proposed next to the existing parking kPlat showing1 I 1'varied and other M 1k. lots in the area with tNvo or more dNNelfings. I k� Nt 71 1221 l l ► r � r —-�•°�.�.��=u' � ��'i r' —vim , L" Remington. 1 1 dwellings. - p f—� v •� P s; Corner side of the properly at 300 Edwards. r. r • r,= Appeal 2330-829 West Mountain Ave. The variance would reduce Single family dwelling behind the corne�er duplex xx the required corner side-yard setback front 15'to 619"in order to �, f} allow the construction of a y>orch addition to the rear and west sides of the house. " Looking at the rear of thr house. - '- The porch will extend the full width of the house and an additional 5'to the west, Y- approximately t'in from the Y location of the white fence. t - s P'P"to itie property eat I ' Looking south along die west property line and Wasb ingum Sty_The eAsting bay w Indow is 9'9"from the property lint,which is also the back orthe sidewalk.Note the garage at the rear of the property which is 5'from the property line and received a variance for that setback In 2000. Looking north alogg the west side of the home towards Mountain Another view north along Washington St. The back of the Ate. J. —� ' sidewalk is wroximately 13'-from the curb 4 Dlit L,' �; ■�m'rp� S Y �~� LS_ 1?, e i✓• {vin •� - !f�:�.t� i �':�il illI lt. I Looking at the west wall of the home from 6 W2shington Ave. The proposed porch will extend out 10 ft towards the south from the existing house and extend along the nest side approximately 9 feet. 1 9 met I9 feu - £am. The proposed addition will be.approximately 1919"from the curb y along Washington Ave. AIR • The End City of Fort Collins 9