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HomeMy WebLinkAbout08/09/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday,August 09,2001 Roll Call Approval of the Minutes from the April 12, 2001 Meeting Appeal: 2351 3439 Warren Farm Dr The variance would reduce the required north side-yard setback from 5 feet to 4.3' . The foundation was mistakenly poured several inches to the north from its intended location thus creating a setback of only 4.3' The setback on the south side is 5.7'. Had the foundation been place correctly the home would have 5' setbacks on both the north and south sides. There is a seperation distance of 9.8' between 3439 Warren Farm Dr. and 3433 Warren Farm Dr. Code Sections: 3.5.2(D) Petitioner. KB Homes ZoningDistrict LMN Appeal: 2352 1324 W MOUNTAIN AVE The variance would reduce the required street side setback along Lyons Street from 15 feet to 12.75 feet in order to allow a second story addition to the existing one story home. The addition will be directly on top of the existing west wall, which is already at a 12.75 foot setback. Code Sections: 4.6(E)(4) Petitioner: Wendy Williams ZoningDistrict NCL Appeal: 2353 1501 PETERSON ST The variance would reduce the street side setback along the Lake Street property line from 15' to 11' in order to allow the existing detached garage to be demolished, and replaced with a new attached 2 car garage with a greenhouse attached to the south side of the new garage. Code Sections: 4.6(E)(4) Petitioner: KIM NORMANDIN ZoningDistrict NCL Appeal. 2354 817 MAPLE ST The variance would reduce the required side yard setback along the east lot line from 5' to 2' in order to allow a 2nd floor addition to the existing home. The 2nd floor will be the same size as the main floor, and be constructed on top of the existing walls. The existing east wall of the home is already at a 2' setback from the east lot line. Code Sections: 4.7(E)(4) Petitioner: Monica Lambert&Andy Rex ZoningDistrict NCM Other Business Zoning Board of Appeals Agenda Regular Meeting Thursday, August 09, 2001 Appeal 2351 Address 3439 Warren Farm Dr Petitioner KB Homes Zoning District LMN Section 3.5.2(D) Description The variance would reduce the required north side-yard setback from 5 feet to 4.3 feet. The foundation was mistakenly poured several inches to the north from its intended location thus creating a setback of only 4.3 feet. The setback on the south side is 5.7 feet. Had the foundation been placed correctly the home would have five-foot setbacks on both the north and south sides. There is a separation distance of 9.8 feet between 3439 Warren Farm Dr. and 3433 Warren Farm Dr. Hardship The homeowner has already moved into the house. A minor amendment can not be applied for in this situation to shift the property fines as that would create both homes being out of building code compliance (10, seperation between buildings). Staff Comments On July 1, 2001, the City began requiring surveys of houses prior to the issuance of a certificate of occupancy in order to ensure that buildings are constructed in compliance with the required setbacks. A certificate of occupancy was issued for this particular house in May, prior to the date that the City required surveys. The builder found out after the fact that the building did not comply with the required 5' setback, and is seeking a S` variance at this time in order to avoid any problems for the current owner. This is a VOLUNTARY appeal in that the City is not requiring a variance since the certificate of occupancy has already been issued, and the error came to the City's attention after the July 1, 2001 date. i ".I Appeal 2352 Address 1324 W MOUNTAIN AVE Petitioner Wendy Williams Zoning District NCL Section 4.6(E)(4) Description The variance would reduce the required street side setback along Lyons Street from 15 feet to 12.75 feet in order to allow a second story addition to the existing one story home. The addition will be directly on top of the existing west wall, which is already at a 12.75 foot setback. Hardship The existing home is already at a nonconforming setback, and the addition will not increase the degree of nonconformity. Building up is the most feasible way to add additional floor space and to stay within the historical character. The existing home is small, only 888 square feet, but the building footprint will not change, except for a connection to the detached garage. Staff COMMentS At the March 15, 2001 ZBA meeting the Board heard a similar request for a street side setback variance request. The Board approved that variance based primarily on the equal to or better than standard, finding that the pupose of the setback would be to ensure that an adjoining landowner would not have a building mass of any height too close to a property line. On comer lots, the Board determined that the street on the comer side setback would ensure adequate separation from nearby properties. �,p However, the Board also determined that such an equal to or better than standard was appropriate when linked to some other existing factor, such as existing landscaping or an existing nonconforming setback situation. In this particular appeal (#2352), the side setback in question is along a street, and the existing wall is nonconforming. Appeal 2353 Address 1501 PETERSON ST Petitioner KIM NORMANDIN Zoning District NCL Section 4.6(E)(4) Description The variance would reduce the street side setback along the Lake Street property fine from 15 feet to 11 ffeet in order to allow the existing detached garage to be demolished, and replaced with a new attached two-car garage with a greenhouse attached to the south side of the new garage. Hardship The greenhouse needs southern exposure, and this location is the most feasible due to existing landscape and water features to the west. Placing the greenhouse behind the garage causes the garage to be moved further north than the existing garage. Staff Comments This is similar to the previous appeal in that the request pertains to a street side setback on a comer lot. However, there is one difference. In this particular zone, the street front setback requirement is also 15', as long as the garage door is setback at least 20' behind the back of a public sidewalk. This 20' setback is required in order to ensure that cars parked in a driveway do not obstruct the sidewalk. Even though the 20' is stated for the front setback, the intent to keep the sidewalk unobstructed should apply equally to a side setback along a comer street. The complicating factor with regard to this specific property is that the sidewalk along Lake Street has never been installed. However, in the event the walk is installed, the garage door would be setback only 15' from the back of the walk. That distance would not be adequate to protect the walk from being obstructed by overhanging vehicles. Additionally, unlike the previous appeal, this request does not propose an addition that has a setback equal to an existing nonconforming setback. The existing garage setback is 24' from the property line, whereas the requested setback is 15'. Appeal 2354 Address 817 MAPLE ST Petitioner Monica Lambert&Andy Rex Zoning District NCM Section 4.7(E)(4) Description The variance would reduce the required side yard setback along the east lot line from 5 feet to 2 feet in order to allow a second floor addition to the existing home. The second floor will be the same size as the main floor, and be constructed on top of the existing walls. The existing east wall of the home is already at a 2 foot setback from the east lot line. Hardship The house is small (745 square feet) and the lot is narrow, only 35 feet wide. The height of the new wall will only be 3 feet higher than the existing wall height. Due to the narrowness of the lot, the existince of the detached garage and mature trees, going up with the addition is more feasible than going out with a one story addition. Staff Comments None. August s,2W l To Whom lclvlay Concern: - - Recently I received a letter from your office stating that the owners of the property directly to the west (817 Maple St.) of my property (815 Maple St.) wish to build an addition to their home. I have discussed the plans with Monica and Randy and I am quite encouraged by the changes they wish to make. I have watched them over the past couple of years as they have made improvements to their property that have added beauty and character to the neighborhood. The rest of the homes on the 800 block on Maple St. have characteristics that are more consistent with the early 1900's. From the plans that I have seen, it would seem that the addition would be an improvement to the aesthetics of the property and bring it more in tune with the other homes on the block. The positioning of Monica and Randy's home is such that an addition upward would have no negative bearing on my property. Their home is set back in the lot ,, -- and mine is to the front. I am in favor of the changes they plan to make. Please call me if you have any further concerns or questions. Thank You, Don Mallett (Owner of Property 81 5 Maple St.) (970) 204-9601 . . . . ., .. . . . . . . .. . . . . . . . . . . . August 7, 2001 Community Planning and Environmental Services Building and Zoning Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522 RE: Appeal Number 2354 To whom it may concern, We are writing in support of Monica Lambert and Andy Rex's request for variance on the property at 817 Maple Street, Fort Collins. As adjacent property owners we feel that the second floor addition to their home would bring added value to the property and positively affect the neighborhood community. We have had a chance to review the design plans and feel that the style and design of the proposed addition will retain the historical aspect of the property and neighborhood and maintain continuity with the surrounding homes. We feel that the addition built within the granting of this variance will result in increased value of the home,neighborhood, and the community as well. We affirm our support for the zoning variance requested for the property at 817 Maple Street and would be glad to provide further testimony, if necessary. Sincerely, Royce Si son and Lisa Peterson 818 Maple Street Fort Collins August 8, 2001 To Whom It May Concern: I have been the resident at 815 Maple Street for five years. I am writing regarding the proposed modifications to the residence at 817 Maple Street_ The proposed addition to this home will greatly improve the character of our neighborhood. There are only three houses facing our side of the block, and our houses are set apart along our properties. The proposed second floor addition to 817 Maple Street will enhance the view in the back yard of the residence at 815 Maple Street, and will not hinder views from any of the surrounding homes. Please feel free to contact me if you have any questions about this matter. Sincerely, j c C ennifer E. reeman 815 Maple Street Fort Collins, CO 80521 816 Maple Street Fort Collins CO 80521 Zoning Administrator Community Planning and Environmental Services City of Fort Collins August 8, 2001 To Whom It May Concern: I am writing to express my approval for the requested variance to 817 Maple Street, Fort Collins. I believe that the addition of a second floor is the best option for enlarging the property. Building up, rather than out, will reduce the impact on the land. It will also enhance the appearance of the property. Yours faithfully, Gina Adams