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Home My WebLink About07/12/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Y Zoning Board of Appeals Agenda Regular Meeting Thursday,July 12,2001 Roll Call Approval of the Minutes from the April 12, 2001 Meeting Appeal: 2344 801 KIMBALL RD The variance would reduce the required rear yard setback along the south lot line from 15 feet to 10 feet in order to allow anew 24' x 30'detached garage to be constructed. The home faces Kimball Road, which by definition is the legal street side lot line, rather than the front lot line. The south lot line functions as the side lot line of the property, rather than the rear lot line. The side setback requirement is only 5', so the proposal would comply if the south lot line were defined as the side property line. Code Sections: 4.3(D)(2)(C) Petitioner: Wayne Snyder for TUFF SHED ZoningDistrict RL Appeal: 2345 631 WHEDBEE ST The variance would allow a new 10'x 16' shed to be constructed in the back yard, with a roof pitch of greater than 12:12. Specifically, the variance would allow the shed to have a Dutch Gambrel (barn- style) roof, that matches the roof of the home. The pitch of the roof of the existing house is greater than 12:12, and the roof pitch of the shed will match the house. Code Sections: 4.7(F)(1)(g) Petitioner: Wayne Snyder, Tuff Shed ZoningDistrict NCM Appeal: 2346 301 Whedbee The variance would reduce the required street side setback along Olive Street from 15 feet to 8.5 feet, and would reduce the required side yard setback from the south lot line from 8 feet to 6 feet. The variances are requested in order to allow a 2 story addition to the rear of the existing home. The existing home is already only 7 feet from the street side lot line along Olive Street, so the new construction along Olive Street would be setback 1.5'further than the existing north wall. Code Sections: 4.7(E)(4) Petitioner: Gary Eastman and Katherine Reid ZoningDistrict NCM Appeal: 2347 4603 S Timberline Rd The variance would allow a directional sign to be larger than 4 square feet and still not be classified as a regulated sign. Specifically, the variance would allow a First National Bank Drive-up ATM directional sign to be 14 sf. The sign is proposed to be located toward the west end of the bank site, at the drive- up lane entrance. Code Sections: 5.2 (DEFINITIONS) and 3.8.7(G)(6) Petitioner. Allison Dickson for Gardner Signs ZoningDistrict HC Appeal. 2348 1029 W Oak st The variance would reduce the required side yard setback along the west lot line from 5 feet to 2 feet in order to allow the existing detached garage to be removed and replaced with a new one in the same location. Code Sections: 4.6(E)(4) Petitioner: Tidhar Sadeh ZoningDistrict NCL Appeal: 2349 3227 S Timberline Rd The variance would allow 2 ground signs along Timberline Road instead of the one allowed, and would allow the one at the south end of the property to be located closer to Vermont Drive than Timberline Road, while still being classified as a Timberline Road sign. The proposed ground sign at the north end of the property would consist of 15 square feet of individual letters applied to the curved retaining wall, instead of placing the sign on the north side of the drive-up canopy, Code Sections: 3.8.7(G)(6), 3.8.7(G)(7) Petitioner: Shaw Sign &Awning ZoningDistrict E Other Business Zoning Board of Appeals Agenda Regular Meeting Thursday, July 12, 2001 Appeal 2344 Address 801 KIMBALL RD Petitioner Wayne Snyder for TUFF SHED Zoning District RL Section 4.3(D)(2)(C) Description The variance would reduce the required rear yard setback along the south lot line from 15 feet to 10 feet in order to allow a new 24' x 30' detached garage to be constructed. The home faces Kimball Road, which by definition is the legal street side lot line, rather than the front lot line. The south lot line functions as the side lot line of the property, rather than the rear lot line. The side setback requirement is only 5', so the proposal would comply if the south lot line were defined as the side property line. Hardship This is a comer lot situation wherein the home faces the legal street side lot line, rather than the front lot line. Therefore, the south lot line functions as a side lot line, wherein only a 5' setback would be required. Staff COmments This is a typical corner lot situation. However, this is somewhat unusual in that the proposal is for a new over-sized 2 car garage, in addition to the existing 2 car attached garage. G 0 Appeal 2345 Address 631 WHEDBEE ST Petitioner Wayne Snyder, Tuff Shed Zoning District NCM Section 4.7 fl(1)(g) Description The variance would allow a new 10' x 16' shed to be constructed in the back yard, with a roof pitch of greater than 12:12. Specifically, the variance would allow the shed to have a Dutch Gambrel (bam-style) roof, that matches the roof of the home. The pitch of the roof of the existing house is greater than 12:12, and the roof pitch of the shed will match the house. Hardship The property is in the Centenial School neighborhood, and the owner believes that having a shed consistent with the house would be more compatible. Staff Comments The purpose of the standard is to attempt to ensure that new construction is architectural compatible with the character of the neighborhood. The code allows the roof pitch of additions to match that of the existing building. However, the current wording of the code does not apply to new detached buildings. (Staff will be proposing a code change to correct this oversight). The Board may determine that this proposal is "equal to or better"than the standard by finding that: 1) There is no detriment to the public good, and that 2)the proposal will advance or protect the public interests and purposes of the standard equally well or better than would a proposal which complies with the standard since the variance would allow 0 the buildings on the property to be of similar architectural character. Appeal 2346 Address 301 Whedbee Petitioner Gary Eastman and Katherine Reid Zoning District NCM Section 4.7(E)(4) Description The variance would reduce the required street side setback along Olive Street from 15 feet to 8.5 feet, and would reduce the required side yard setback from the south lot line from 8 feet to 6 feet. The variances are requested in order to allow a 2 story addition to the rear of the existing home. The existing home is already only 7 feet from the street side lot line along Olive Street, so the new construction along Olive Street would be setback 1.5' further than the existing north wall. Hardship See petitioner's letter. Staff Comments None. 5�� Appeal 2 347 Address 4603 S Timberline Rd Petitioner Allison Dickson for Gardner Signs Zoning District HC Section 5.2 (DEFINITIONS) and 3.8.7(G)(6) Description The variance would allow a directional sign to be larger than 4 square feet and still not be classified as a regulated sign. Specifically, the variance would allow a First National Bank Drive-up ATM directional sign to be 14 sf. The sign is proposed to be located toward the west end of the bank site, at the drive-up lane entrance. Hardship In order to adequately communicate to customers important information (e.g. entrance, open, closed, etc), a sign larger than 4 sf is needed. This information could be placed on 2 or 3 directional signs and a variance would not be needed as long as they were 15 feet apart and a maximum size of 4 square feet. That type of arrangement could be confusing to the customer, and clutter the site more than one larger sign. Staff Comments The code would allow this property to have 2 freestanding signs: one on Harmony and one on Timberline. At this time the sign package for the bank does not propose any freestanding sign on Timberline. If the Board moves to grant this variance, perhaps a condition that no freestanding sign can be erected on Timberline would be appropriate. Such a condition p would result in ensuring that the property will have no more than the 2 freestanding signs that it is allowed. 4 Appeal 2348 Address 1029 W oak st Petitioner Tidhar Sadeh Zoning District NcL Section 4.6(E)(4) Description The variance would reduce the required side yard setback along the west lot line from 5 feet to 2 feet in order to allow the existing detached garage to be removed and replaced with a new one in the same location. Hardship The existing garage is old and in disrepair, and is not tall enough to get a pick-up truck in. The owner desires to demolish the existing one and replace it with a new one of the same size, except taller. There is an existing shared driveway that splits the property line, so moving the new garage over to comply with the setback would make it difficult to access or park in front of. Staff Comments None. Appeal 2349 Address 3227 S Timberline Rd Petitioner Shaw Sign & Awning Zoning District E Section 3.$.7(G)(6), 3.8.7(G)(7) Description The variance would allow 2 ground signs along Timberline Road instead of the one allowed, and would allow the one at the south end of the property to be located closer to Vermont Drive than Timberline Road, while still being classified as a Timberline Road sign. The proposed ground sign at the north end of the property would consist of 15 square feet of individual letters applied to the curved retaining wall, instead of placing the sign on the north side of the drive-up canopy. Hardship The owner believes that placing letters on the retaining wall would be aesthetically more pleasing and compatible to the property owners to the north than would be a lighted cabinet on the north side of the canopy building. The ground sign at the south end of the lot is proposed to be perpendicular to Timberline Road. Such an orientation requires that the sign be located closer to Timberline than to Vermont Drive. However, this project was required to dedicate substantial Right-of-way to the City, therefore the only way that the south sign can be closer to Timberline is if it is moved about 40' north. This moves it away from the entrance and closer to the properties to the north. Staff C'OmmentS The part of the variance to allow the south sign to be closer to Vermont than to Timberline can be considered a hardship variance due to the unusual depth of the right-of-way that the owner had to dedicate to the City. The part of the variance to allow the letters on the retaining wall is a r request that the Board might determine to meet the "equal to or better l� than" standard. If so, the Board must make specific findings such as: 1) _Q There is no detriment to the public good, and 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 because: (a) the purpose of limiting the number of ground signs along a street to one per property is to reduce sign clutter, and the placement of the small letters on the low wall will present less of a visual clutter than would the placement of lighted cabinet signs on the fascia of the drive-up canopy. Signs would be permitted on the canopy, and the canopy itself would become a freestanding sign. If the Board desires to grant the variance, a condition of not allowing any signs on the canopy structure would be appropriate. Zoning Board of Appeals July 12, 2001 ,F Appeals : Fe, • 2344-801 Kimball Rd • 2345-631 Whedbee St r • 2346-301 Whedbee St • 2347-4603 S Timberline Rd = , 2348-1029 W Oak St • 2349-3227 S Timberline Rd ,appeal 2344-801 Klmball Rd. The variance would reduce the required rear yard setback along the south lot line from i ft to 10 ft in order to allow a new 23 x 30 detached garage. r -a _ Rear Side Looking towards the west at the legal rear }^ property line and the west side yard _ property line. The proposed garage will be r located 10'from the rear(left)and 23'from The south side of the property is the legal rear yard The house faces the side(west). onto Kimball Rd which is by definition the side- and ro y line. + I The south-west comer of Kimball F'• JJ Rd and Orchard PI. The legal front o property line is along Orchard Place- ' r.n u v ems: " Another view along the a southAegal rear property line. 1 r s • property yard View ofthe legal front,side and rear functions as back yard. --'' - '9 .4 �j s tf Y-",; - itK L fi IR + y a • a � t f+ EYr '1' rfi -% iraf 5.v i°�i -�''4y," ]. l�':t" ,s •+ w 'F t+' t as Ir + �k:� �� 7,n -d;. ��i I � of-y$s �ar.�.�YF • „',, I � I � f1�7 C � �°r. The proposed new shed . setback 5 feet from both the side and rear property lines. F', e_ 914 I�•a { s'�T.-- -;} 4'� ro. �;iv +-s�'y...rx hj`}�r F;6, i .f�� .. ,y „ra;� jFr: •.� w ..a + ~ ,� wC e r.* 66 r' .- `• 2" �Y x - _ ` }:�s�,pt� few� �,•*�i�^. e� "°�4."� �' ';. bPOr.View from the rear of the yard looking(,),vur&�j�e lb�ick 1 ram# ITM �s r TITM I 9.11tin _ .a•'f,yam -`a F+. '.i ..' - I � d."r, �I, yj - I _ I I Fr i, .•y a, Looking east along the north property line. The � 4•. , fence is at the approximate location of the property line. Again,the home cuaently sits 7 - v� feet in from the property line. The addition will be setback at 8.5 feet. x - - p Appeal 2347-4603 S:Timberline Rd. The variance would allow a directional sign to be larger than 4 sq ft and not be classified as a regulated sign. Specifically,the variance would allow a First National Bank Drive-Up AThi directional sign to be 14 square(coL The sign is proposed to be located toward the west end site,at the drive-up lane entrance. Harmony R&is to the north. �.F.. i� i Approximate location of proposed directional sign. Looking towards the north-west at the entrance into Timberline Rd to the east. the future drive aisle for the ATM lanes and the proposed sign location East entrance into parking lot. yr MINA Appeal Z348-1029 W Oak St. The variance would reduce the required View towards the west. Old Chicago is to the left of this image and side yard setback along the west lot line from 5 feet to 2 feet in order to the proposed sign will be just to the left of this image. allow the existing detached garage to be removed and replaced with a new one in the same location. The property line is approximately ° •. 'eat to the left of the small tree. Existing garage. This garage currently sits 2 feet in from the west •, side-yard property line. The applicant would like to removed this `N building and reconstruct at the same location.. `Ail Ailey view of the same garage-looking towards the Y` Y Another view of the north. Again the garage sits at a 2 foot setback from alley-side of the the west property line garage. �j 1 ,m U "lee 14 'ty;'_ The proposed ground sign will be at the approximate location of the existing construction ID sign. r Northwest view of the site under construction19. L-1 _ i, Veirno®f:R�C= - e I IL fi. J Location of proposed wall sign. Zoning Board of Appeals =2F July 9.2001 I1 M L The End l'17171U\7NMI 111 R0%I 6 RECEIVED JUL 10 2001 Rick D. Wood P.O. Box 1591 Fort Collins, Colorado 80522 Planning and Zoning Board City of Fort Collins Dear Sirs: It has come to my understanding that there is a zoning variance request submitted for the property at 631 Whedbee Street.. I am a co-owner of this property and am not interested in the zoning variance at this time. This variance request was not made with my approval. The co- owner, soon to be my ex-spouse, submitted it without my knowledge or approval. Please reject the variance. Rick D. Wood 40 L')rV � - o ;5 - 0 ` Community Planning and Environmental Services qj Advance Planning Department City of Fort Collins June 26, 2001 William Stockover, Chair Zoning Board of Appeals City of Fort Collins P.O. Box 580 Fort Collins, CO 80524 Re: Variance of Section 4.7(F)(1)(g) of the Land Use Code for 631 Whedbee Dear Mr. Stockover and Members of the Zoning Board of Appeals: This letter is to support a variance, requested by Chris Head and Rick Wood, to allow for a new 10'x 16'shed with a roof pitch greater than 12:12 to be constructed at the above location. The home associated with this property is listed on the National Register of Historic Places, and is eligible for designation as a Fort Collins Landmark. This home's outstanding architectural feature is its Dutch Gambrel-style roof, which has a pitch greater than 12:12. Historic Preservation staff supports a variance of Section 4.7(F)(1)(g) of the Land Use Code for 631 Whedbee, to allow the roof pitch of the shed to match that of the existing historic home, thereby helping to preserve the historic character of the property. Thank you for your consideration. Sincere Karen McWilliams Historic Preservation Planner 281 North College Avenue • PO.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6376 FAX(970)224-6111 • TDD(970)224-6002 • E-mail:aplanning;.«fcgov.com s Zoning Board of APPeals city of Fort Collins June 24,2001 this historic Name's Beat Board Members' 2001 marks uthedbee St. century and to meet g an addition to our home at 301 make it able in the 21 We are plate � changes are needed of our project axe: 990` anniversary SO'� -fie specific goals the demands °f our famdy' st floor• Broom �'on the To add a Handicapped accessible be on the Est floor- handicapped accessible bathroom nd float. To add a Nan oom suite an the sec To add r master rn�'he'dtchen* a variance* . To enlarge Which req project presents two separate issues Whi As panned this pr } side along olive St• side. back on the north �on the sow 1 The side o f the upper "0 feet of roof Pe 2. The heigh 5 feet further west than e northwest coiner -��6.5 feet 1. forth Side Set-Back: the north wall at th from the property line. back 9.5 feet � this setback requirement. The addition includes extend on�be set variance from This extew the existing e uked 15 fit- We request five feet of additional north less than 7 feet on this side. The feet of the k only in addition six e house as it exists today further Eck than the t 8 5 fee from the propertye 1.5f 1.5feet eared Wall will be recessede moved back the same 411 &419 E- olive existing wall along this block of olive residencesthe required 15 feet. 'There are three other single in�family back less than ion were set 300 Peterson). All of to th If the new addition of the can grow � e west- exists would not match thewith the existing ection in which house uld not be contiguous enough The only line the new space be back 15 feet from the property• Additional space wFu�exmore,there would not imiiting om options. icaL house severely •wAing 0 t of the kitchen i ct ace. kitchen making handicapped accessble space- 'kitchen room to add the necessary e t of 24.5 feet- We reach a Neigh request a lit: e south side Will line �20 feet. We Z•Roof Seig at the west end of th ra erty PeA ck of b feet from the side P P Theproposed t at a set-ba allowable Neigh this height requirement. The alternative of variance fromdesignof the lace a window in this w in order top with the historical is necessary e�� the Laurel Street School The extra height to a hip roof would not e existing southern yak t L6 gable end dow. The h° matches th changing would not allow for a win d peak to the south page 1 of 2 house an oric d}strict he propose designated� The design for the addition already has the roof plate lowered to 7.5 feet. Further lowering would significantly decrease useable space in the room. The neighboring house to the south(305 Whedbee) is also setback b feet from the property line and has a eave height of 22.5 feet. This non-conforming height is not limited to a peak but extends for the entire 38 feet of the house creating 95 sq. ft. of bulk plane above the permitted height. The current request for a variance would create only 25 square feet of bulk plane above the permitted height. The 305 Whedbee house presents an extensive, tall wall next to our house. Allowing this small portion of peak and a window will allow us to get some light and sky on this side. Thank you for your time and energy in reviewing this request. Sincerely, ZEastman Katherine Reid / Page 2 of 2 C RY R., Awuu 111, P,,C t) NINETEEN OLD TOWHSQUARE ATT®RNEY AT LAW PHONE•(970)SSI-8865 POST OFFICE BOX 2244 Aamnrroa aLwAao AND Vioww TOLL FREE-- (400) 799-4664 'FOORT WLLINS CO,60555-5844 FAX.(970)SST-5577 fIEBSITE WWWLAWYERS.COMIALBURN EmAx:CALBURNOWORLONEl.ATTNET July 6, 2001 RECEIVE Mr. Peter Barnes Zoning Administrator J U L 0 9 2001 Post Office Box 580 Ft. Collins, CO 80522-0580 Dear Mr. Barnes: Re: Appeal No. 2348, Tidhar Sadeh I have received the Legal Notice on the above dated July 3, 2001, at my home at 1035 West Oak Street. I have no objection to the request for variance at the Sadeh residence for the purpose of replacing their garage. Mr. and Mrs. Sadeh are good neighbors, conscientiously maintaining and improving their residence, and the proposed replacement garage makes good sense. As I'm sure you are aware, today's Fort Collins zoning did not exist in 1923 when most of my neighborhood was developed. Many of the structures consequently were placed virtually on the lot lines, with hardly any setback at all. My own garage and the garage of my neighbors to the west are examples, and a quick drive down the alley will disclose several others. Therefore, it will be in keeping with the rest of the neighborhood for the Sadeh garage to be at a 2 foot side setback, and it will do no harm to anyone. I should add that the Sadehs are not my clients, just my neighbors and friends. I am familiar, however, with the legal concepts of zoning, variances, etc. In view of the eclectic nature and "Victorian/craftsman/traditional" tenor of the neighborhood, I do not see granting their request as violating any of the conventional concepts of uniform treatment of properties within a zoned area but would be instead in keeping with those concepts. I would therefore encourage the Zoning Board to give favorable treatment to Mr. and Mrs. Sadeh's request, so that they can replace their garage as planned. If I can provide any additional input, please feel free to contact me. Yours very truly, Cary R�lburn C. by: Cary R. II cc: Mr. and Mrs. Tidhar Sadeh