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Home My WebLink About05/05/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals �h. Agenda Regular Meeting Thursday,May 10,2001 Roll Call Approval of the Minutes from the April 12, 2001 Meeting Appeal: 2336 2451 S TAFT HILL RD The variance would allow the existing nonconforming"Conoco price sign"to be structurally remodeled without having to bring the sign into conformance. Specifically, the variance would allow the 36 sf per face price sign module to be removed and replaced with a smaller 23.86 sf per face Conoco price sign without having to lower the overall height of the sign structure to 6 feet from its current 15 foot height (the new height will be 14 feet 9 inches). Code Sections: 3.8.7(E)(4), 3.8.7(A)(3)(b)(1) Petitioner: ZANE DOVER FOR LITE RITE SIGNS ZoningDistrict NC Appeal: 2337 825 1/2 REMINGTON ST The variance would reduce the required lot area from 5000 square feet to 2000 square feet. The variance is requested in order to change the nonconforming building status of the home at 825 1/2 Remington from an illegal nonconforming building to a legal nonconforming building. This would allow the home to be reconstructed to its current size and location in the event that it should be damaged or destroyed by a calamity. No new construction is associated with this request. Code Sections: 4.8(D)(1) Petitioner: MARC TEETS, FOR OWNER ZoningDistrict NCB Appeal. 2338 306 Wayne St The variance would reduce the required lot square footage from 6333 to 6050, thus reducing the lot to floor area ratio from 3.,1 to 2.87:1. The lot is 6050 square feet. The existing home and detached garage equal 1224 square feet. They are requesting to add 886 square feet to the home as a second story addition and two (2) bay windows on the main floor for a total of 2110 square feet. This is 93 square feet over what is allowed based on the lot square footage (3:1 floor area ratio) Code Sections: 4.6(D)(1) Petitioner: Jenine Abarbanel ZoningDistrict NCL Appeal: 2339 110 N SHERWOOD ST The variance would reduce the required rear yard setback from 15 feet to 4 feet in order to allow a 6'x 12'addition onto the north end of the existing 1-story portion of the home. The east wall of the addition will line up with the existing east wall of the home,which is already at a 4' setback from the rear property line. Therefore, the addition will not be closer to the rear lot line than the existing. A similar appeal for this project was heard at the April 12, 2001 ZBA meeting, at which time a variance was granted to reduce the rear setback for this addition to 6'. It has since been learned that the existing home is only 4'from the rear lot line, rather than 6'. Therefore, the request must be reheard. Code Sections: 4.7(E)(3) Petitioner: LINDA RIPLEY ZoningDistrict NCM Appeal: 2340 1200 WHEATON DR The variance would allow a 6' high fence to be constructed between the front property line along New Bedford Drive and the west side of the home, instead of the 4' maximum height allowed in the front yard.. The 6' high fence would replace the existing 4' high fence and would be in the same location. This is a corner lot, wherein New Bedford is the legal front lot line, even though the house faces Wheaton Drive. Since New Bedford is considered to be the front of the property, a variance is required in order to allow a fence to be taller than 4'. Cade Sections: 3.8.11(C)(1) Petitioner: RICHARD ALAIMO ZoningDistrict RL Appeal: 2341 6603 S SHIELDS ST The variance would allow two permanent subdivision ID signs to be located at locations other than at the entrances into the subdivision, Specifically, the variance would allow a Registry Ridge ID sign to be located at the southwest corner of Shields and Trilby, and another Registry Ridge ID sign to be located along Shields Street at the south boundary of the Registry Ridge development, rather than placing a sign at the three actual entrances into the development as required. The actual vehicular entrances are at the intersections of Shields and Bon Homme Richard Drive, Shields and Truxton Drive, and Trilby and Wainwright. The code would allow one ID sign at each of the three entrances. Code Sections: 3.8.7(C)(f) Petitioner: JERRY RICHMOND, FOR U.S. HOME ZoningDistrict LMN Other Business Zoning Board of Appeals Agenda Regular Meeting Thursday, May 10, 2001 Appeal 2336 Address 2451 S TAFT HILL RD Petitioner ZANE DOVER FOR LITE RITE SIGNS Zoning District NC Section 3.8.7(E)(4), 3.8.7(A)(3)(b)(1) Description The variance would allow the existing nonconforming "Conoco price sign" to be structurally remodeled without having to bring the sign into conformance. Specifically, the variance would allow the 36 sf per face price sign module to be removed and replaced with a smaller 23.86 sf per face Conoco price sign without having to lower the overall height of the sign structure to 6 feet from its current 15 foot height (the new height will be 14 feet 9 inches). Hardship See petitioner's letter. In addition, the sign will be made more conforming then it is now. Staff Comments This appeal should be considered under the "equal to or better than standard" since it would be difficult to qualify as a hardhip variance. If the Board is inclined to grant the variance, specific findings must be stated as to how the proposal satisfies the "equal to or better than" standard. For instance the Board may find that the variance for the sign replacement: 1) Would not be detrimental to the public good, and J 2) The variance advances and protects the public interests and purposes of W! 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: a) The overall purpose of the standard is to ensure that nonconforming signs are removed by 2009, and that such signs are not made more nonconforming. b) The existing nonconforming sign can remain as is until 2009 or be remodeled to bring the sign into conformity at an earlier date. The proposed remodel will not bring the sign into conformity, but will bring it closer to conformity. Therefore, the proposal is better than leaving the sign as is for another 8 years. If the variance is approved, the Board should put a condition on it that the sign must still be brought into compliance in 2009. Appeal 2337 Address 825 1/2 REMINGTON ST Petitioner MARC TEETS, FOR OWNER Zoning District NCB Section 4.8(D)(1) Description The variance would reduce the required lot area from 5000 square feet to 2000 square feet. The variance is requested in order to change the nonconforming building status of the home at 825 1/2 Remington from an illegal nonconforming building to a legal nonconforming building. This would allow the home to be reconstructed to its current size and location in the event that it should be damaged or destroyed by a calamity. No new construction is associated with this request. Hardship This lot originally contained 7000 square feet of lot area. Two homes were constructed on the original lot in 1921. At that time, the 7000 square foot lot area was adequate to allow 2 homes on one lot. In 1979, the owner of the lot sold off the front house and 5000 square feet of lot area with it. This lot split did not comply with the code in effect at that time since 6000 square feet of lot area per home was required, This lot split caused both homes to become nonconforming buildings. The code has been changed since the lot split occurred, and now only 5000 square feet of lot area is required. Therefore, the front home is now a legal, conforming building. However, the rear home, on it's 2000 square foot lot is still an illegal, nonconforming del- building. In the event that the rear home is destroyed, the Code would not allow it to be rebuilt. Since the 2 homes were legally constructed in 1921, the existence of 2 homes should continue to be allowed. This can only be assured if the rear building is classified as a legal nonconforming building, which can only happen if a variance is approved. Staff Comments None. Appeal 2338 Address 306 Wayne St Petitioner Jenine Abarbanel Zoning District NCL Section 4.6(D)(1) Description The variance would reduce the required lot square footage from 6333 to 6050, thus reducing the lot to floor area ratio from 3:1 to 2.87:1. The lot is 6050 square feet. The existing home and detached garage equal 1224 square feet. They are requesting to add 886 square feet to the home as a second story addition and two (2) bay windows on the main floor for a total of 2110 square feet. This is 93 square feet over what is allowed based on the lot square footage (3:1 floor area ratio) Hardship See petitioner's letter. Staff Comments None. Appeal 2339 Address 110 N SHERWOOD ST Petitioner LINDA RIPLEY Zoning District NCM Section 4.7(E)(3) Description The variance would reduce the required rear yard setback from 15 feet to 4 feet in order to allow a 6' x 12' addition onto the north end of the existing 1- story portion of the home. The east wall of the addition will line up with the existing east wall of the home, which is already at a 4' setback from the rear property line. Therefore, the addition will not be closer to the rear tot line than the existing. A similar appeal for this project was heard at the April 12, 2001 ZBA meeting, at which time a variance was granted to reduce the rear setback for this addition to 6'. It has since been learned that the existing home is only 4' from the rear lot line, rather than 6'. Therefore, the request must be reheard. Hardship The lot is very small, 60' x 51'. The proposed addition will comply with the side setback, and the lot area to floor area ratio will also be complied with. This is the only feasable location to construct the addition, and it will line up with the existing rear wall of the home. Staff Comments The lot is extremely shallow. Such a condition can be considered as legitimate grounds for a hardship variance. G 6,0 Appeal 2340 Address 1200 WHEATON DR Petitioner RICHARD ALAIMO Zoning District RL Section 3.8.11(C)(1) Description The variance would allow a 6' high fence to be constructed between the front property line along New Bedford Drive and the west side of the home, instead of the 4' maximum height allowed in the front yard.. The 6' high fence would replace the existing 4' high fence and would be in the same location. This is a corner lot, wherein New Bedford is the legal front lot line, even though the house faces Wheaton Drive. Since New Bedford is considered to be the front of the property, a variance is required in order to allow a fence to be taller than 4'. Hardship See petitioner's letter. In addition, this is a corner lot, wherein the front lot line serves as the side lot line, so the intent of the code is met. Staff Comments This is a typical corner lot situation wherein the front of the home faces the legal street side lot line rather than the legal front tot line. Appeal 2341 Address 6603 S SHIELDS ST Petitioner JERRY RICHMOND, FOR U.S. HOME Zoning District LMN Section 3.8.7(C)(f) Description The variance would allow two permanent subdivision ID signs to be located at locations other than at the entrances into the subdivision. Specifically, the variance would allow a Registry Ridge ID sign to be located at the southwest corner of Shields and Trilby, and another Registry Ridge ID sign to be located along Shields Street at the south boundary of the Registry Ridge development, rather than placing a sign at the three actual entrances into the development as required. The actual vehicular entrances are at the intersections of Shields and Bon Homme Richard Drive, Shields and Truxton Drive, and Trilby and Wainwright. The code would allow one ID sign at each of the three entrances. Hardship The Overall Development Plan for Registry Ridge authorizes commercial uses at the 2 entrance intersections along Shields. The Sign Code allows the potential for a sign for those uses to be located at at least one of those intersections. If the residential ID signs were also located at the same intersections, sign clutter would result. Therefore, the streetscape is enhanced by spacing the signs as far apart as possible. Additionally, the applicant is requesting only 2 ID signs, instead of the 3 ID signs allowed. Thus, the proposal reults in and overall signage plan that is better than what would be allowed without a variance. Further, the recorded development plan shows a proposed ID sign to be located at the corner of Shields and Trilby. Since the plan showed it there, the developer had planned the entry feature at the intersection around the sign. Staff Comments The Board has considered similar requests to locate subdivision ID signs at locations other than at the actual entrance. However, staff does not recall a situation where a request has been made to locate a sign at the intersection of 2 arterial streets. If the Board is unable to find grounds for a hardship 6 variance, the possibility of an "equal to or better than"variance could be explored since the applicant is stating that 2 signs are better than 3 and that having the signs located away from the competing commercial development sign clutter is preferable to having all the signs clumped together. ,d zoning Board of Appeals May 10,2001 Anneals a n� 2336-2451STatt Hill Rd 2337-825112 Remington St ('i h�of Fort Cn!liuc 2338 3D6 Wayne Sty , 2339-110HShcnvnodSt 7a_; a ,;rnV'111,1 2340-12DD Wheaton nr l he'.Tun t,onfd ollo,%ow cti,tm u.m;,ni,nn¢I ( nI o l Iire s t o I;c 4. +hv[[artll�reinekl kJ uithow Im mg ID smug the s,gr, -uY'onr cc 5tx:ilitalh, • 2341-6603 S Shields the;1n nu. mld allen,tfn tx) q it Ice pi,, ig,modal,to i,v rcmo,ed and .� rltlaa,i,,th[mullet",Vrsq It Vn IScc( n„pnc rrn eithen h,rtinte r.ihncr. 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A rilh% Rd cmi-irke into the suhdicisirm. ,\>uhdit i>i++n idcntif c;ilinn r :ign nuuld be alloncd al Ihi;tnu;utre. S,utlt end of the suhdiaisiou.on the ccc ,idc o?'South Shiclds, Lmircc into rbc�uhdivi,ion off of a.`ikri�kl�, A hnycel Id.iLn\Mould FProp,,scd location for scru-W II)ci,,n. — —— --- v be ali,m d at this cnlrancc.(Bon I lunnw Kichunl and S.shirld,l lnuther Cn1171 I1'C iiiIo the suhdisislrm o!t ol'S.Shields. A pmject Id . hia rev nn_ in lcoe afoitr.prc idvd by lhv applta arkl n Quid Lc alto, rd al thi>cnlrancc (I radon and S,Shiul(i�) m i .. s Zoning Board of Appeals May 10,2001 ..:.The End Cite of fort Collin: 4