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HomeMy WebLinkAbout03/21/2002 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday, March 21,2002 Roll Call Approval of the Minutes from the January 10, 2002 Meeting Appeal: 2366 172 North College Avenue The appeal would amend the variance that was approved on November 10, 1999. That variance reduced the required number of off-street parking spaces from 71 to 47 in order to make it possible for the Northern Hotel to have been converted to a 47 unit, senior housing apartment building. Now that the conversion has been completed, the owner is requesting a variance to reduce the number of parking spaces from 47 to 25. The spaces will be located in the City-owned Old Town Parking Garage (on Remington Street), which is the same location approved by the 1999 variance. Code Sections: 3.2.2(K)(1)(a) Petitioner. Joe Rowan ZoningDistrict D Appeal: 2368 824 Whedbee St The variance would reduce the required side yard setback along the north lot line from 5 feet to 1.5 feet in order to allow a 480 sgare foot addition to the west side of the existing detached garage. The existing garage is already located at a setback of 1.5 feet from the lot line. The proposed addition will lineup with the existing north wall. THIS APPEAL WAS CONSIDERED AT THE FEBRUARY 14, 2002 MEETING BUT WAS TABLED TO THE MARCH 21, 2002 MEETING IN ORDER TO ALLOW THE APPLICANT TO PREPARE AND SUBMIT ADDITIONAL INFORMATION THAT WAS REQUESTED BY THE BOARD. Code Sections: 4.7(E)(4) Petitioner: Dennis Sovick ZoningDistrict NCM Appeal: 2370 3815#A Celtic Lane The variance would allow a fence that is taller than 4 feet to be located in the front yard. Specifically, the variance would allow a 5 foot tall fence to be located on the north side of the home, along Celtic Lane. The lot fronts on Celtic Lane,with a 46 foot wide road access easement on the east side of the lot. The legal front yard is the area between the north side of the house and Celtic Lane. However, the house faces the access easement, so even though the proposed fence is in the legal front yard, it is in the area that functions as the side yard. Side yard fences are allowed to be taller than 4 feet_ Code Sections: 3.8.11(C)(2) Petitioner: Eric& Sarah Harding ZoningDistrict LMN i Appeal: 2371 3320 Hearthfire Drive The variance would allow a home occupation activity to be conducted in a detached building, rather than entirely within the building that contains the dwelling unit. Specifically, the variance would allow the existing home office for the owner's construction business to be relocated from within the home to the detached structure already under construction. The other portion of this structure will occupy a hobby-related workshop unrelated to the owner's construction business. No business related materials, equipment or employees would be at the office. Home occupations normally can only be conducted within the principal dwelling and not within a detached building such as this. Code Sections: 3.8.3 (1) Petitioner: Alan Strope ZoningDistrict 1.1 E Appeal: 2372 1500 West Oak Street The variance would (1) reduce the required rear yard setback from 15 feet to 9.58 feet along the north lot line in order to allow a 2-car garage addition, (2) reduce the required street side setback along Roosevelt from 15 feet to 13 feet in order to allow a wrap around front porch to be constructed, and (3) reduce the required lot area to floor area ratio from 2.75:1 to 2.52:1 by allowing a total building square footage of 2384 square feet instead of the existing 2184 square feet. The existing detached building at the northeast corner of the lot will be removed. Code Sections: 4.6(E)(3), 4.6(E)(4), 4.6(0)(1) Petitioner: Arundeep Pradhan ZoningDistrict NCL Appeal. 2373 1945 Fossil Creek Parkway A& B The variance would reduce the required side yard setback along the west lot line from 5 feet to 4.9 feet in order to allow the construction of a duplex on lot 39 of Linden Park PDP. Lot 40 is under contract and construction and the petitioner feels it would be unreasonable to ask the new owner to change the size of their lot. The request is for a reduction of 0.1 feet. The structure cannot be moved closer to the east property line due to a 6 foot utility easement running along the east property line. Code Sections: 3.5.2(D)(3) Petitioner: Centex Homes ZoningDistrict LMN Appeal: 2374 144 South Mason Street The variance would reduce the required number of off-street parking spaces from 50 to zero, in order to allow the use of the building to be changed from the shop/storage area of Operation Electric to Joshua's Crossing Church. The church facility would primarily be used on Sundays. There is no room on the lot to accommodate parking, but parking is available off-site in public parking lots and on streets near the property. Code Sections: 3.2.2(K)(1)(g) Petitioner: Paul Aragon, for Joshua's Crossing ZoningDistrict D Appeal: 2375 2700 South College Ave The variance would allow the existing nonconforming "Homestead House" monument sign to be structurally remodeled without having to bring the sign into conformance. Specifically, the variance would allow the base of the existing 53 square foot per face, 9.33 foot tall, 0 foot setback sign to be lowered 1 foot, 7 inches in order to allow a decorative cap to be added on top of the existing sign cabinet, without having to move the sign 10 feet further east. By lowering the sign, the overall height will remain at 9.33 feet, so the degree of nonconformity will remain the same. Code Sections: 3.8.7(A)(3)(B)(1) & 3.8.7(G)(1) Petitioner: Shaw Sign and Awning ZoningDistrict C Appeal. 2376 730 West Mountain Ave The variance would reduce the required lot area to floor area ratio from 3:1 to 1.94:1 (allowing 3025 square feet of floor area, including the existing garage, instead of the maximum of 1958 square feet based on the lot size), in order to allow a second floor addition to be constructed to the existing home. The variance would also reduce the required street side setback along Grant Avenue from 15 feet to 8 feet to allow a wrap around porch and from 15 feet to 10 feet to allow a family room additionon to the west side, and reduce the required side yard setback along the east lot line from 5 feet to 2 feet to allow the exsiting one story closed in porch on the east side of the home to be rebuilt. Lastly, the variance would allow the home to be 3 stories in height instead of 2 stories in order to allow an'observation porch"to be part of the"attic"floor space. This attic space will be unfinished, unoccupied space. (The overall height of the building will be 38 feet). Code Sections: 4.6(D)(1), 4.6(E)(4), 4.6(E)(5) Petitioner: Tom Campbell ZoningDistrict NCL Other Business. Zoning Board o f Appeals Agenda Y Regular Meeting Thursday, March 21, 2002 Appeal 2366 172 North College AVenue Address ,loe Rowan Petitioner p Zoning District 3.2.2(K)(1)(a) roved on Novaekb9 10, Section the required number of he-Norethem Hotel to appeal would amend thedvariance that was approved The PP ossible for Description 1999. That variance reduce a artment building. Now spaces from 71 to 47 in order to mseniar housing p nesting a variance 47 unit, completed,the owner is requesting will be have been converted is a 47 to 25. The spaces parking spaces from on Remington Street), that the conversion beao pen con► Parking Garage ( to reduce the owned Old Town located in the am location approved by the 1999 variance. which is the See Petitioner's letter• might be advisable to do so Hardship rant this variance, it enlaced on the original It the Board decides to replay occupants would be 55 Comments r con were: l) the p e uirement remain at 40% 01 a with the same or similar condstions that were r e Staff t ff ant income q permits b approval. Those conditions the occupant that the parking p years of age oa older, less of the area medium income level. and 3) kept current annually. 0. G - ('0 � Appeal 2368 Address 824 Whedbee St Petitioner ' Dennis Sovick Zoning District NCM Section 4.7(E)(4) Description The variance would reduce the required side lot line from 5 feet to 1.5 feet n order to allow a 48 Yard setback along the north _ the west side of the existing already located at a setback of 1.5 feet from 0 spare foot addition to garage, The existing garage is addition will line up with the existing m the lot line. The CONSIDERED AT THE FEBRUARY north wall' THIS APPEAL Wqs Proposed TABLED TO THE MARCH 21, 2002 MEETING nIN JNG BUT WAS APPLICANT TO PREPARE AND SUBMIT ADDITION THAT WAS REQUESTED BY THE BOARD. ORDER TO ALLOW THE AL INFORMATION Hardship The existing garage building is small and is already new wall will line up with what alreadyexists. is located to the rear of the 190 foot deep lot nonconforming, The The existing home on the lot the rear garage than all other homes in the t,neighborhood.and I'salready the which the home is located at the rear. y much closer to additional he feet will further "block" the re e o the only lot Moving the garage over an Staff Comments The applicant has now submitted rear°f the home. depicting the property without the need Plans as variance an drawings With the requested variance, a and also depicting it °r if the plan submitted promotes The Board must determine if a hardship exists, needed, well e better than a h no variance would be i :_ Appeal 2370 Address 3815 #A Celtic Lane Petitioner Eric & Sarah Harding Zoning District LMN Section 3.8.11(C)(2) Description The variance would allow a fence that is taller than 4 feet to be located in the front yard. Specifically, the variance would allow a 5 foot tali fence to be located on the north side of the home, along Celtic Lane. The lot fronts on Celtic Lane, with a 46 foot wide road access easement on the east side of the lot. The legal front yard is the area between the north side of the house and Celtic Lane. However, the house faces the access easement, so even though the proposed fence is in the legal front yard, it is in the area that functions as the side yard. Side yard fences are allowed to be taller than 4 feet. Hardship This is unusual in that the house fronts on the access easement. The owner wants to fence in the side/back yard of his lot, in a manner similar to what his neighbors are allowed to do. The extra 1 foot of height would provide for more privacy and security. Staff Comments This is not a true corner lot since the front "street" on the east side of the lot is really an access easement, not a street. However, if it was a street, then a variance would not be required. The Board may find that the intent of the code to prevent tall fences in front yards is being met, and that a hardship exists due to the unique situation where the lot functions as a corner lot, but G is not a legal corner lot. �M Appeal 2371 ` Address 3320 Hearthf ire Drive Petitioner Alan Strope Zoning District DB Section 3.8.3 (1) Description The variance would allow a home occupation activity to be conducted in a detached building, rather than entirely within the building that contains the dwelling unit. Specifically, the variance would allow the existing home office for the owner's construction business to be relocated from within the home to the detached structure already under construction. The other portion of this structure will occupy a hobby-related workshop unrelated to the owner's construction business. No business related materials, equipment or employees would be at the office. Home occupations normally can only be conducted within the principal dwelling and not within a detached building such as this. Hardship Due to changes requiring the full occupancy of the house by the family, the existing office will be displaced. The owner would like to move it to the detached structure which was originally intended for a hobby workshop and craft room. The detached building is only 4'from the home. The owner could connect the 2 buildings and would no longer need a variance, but he would rather leave them unattached. From the street, the 2 buildings look like 1 building already, so physcially attaching them would really not accomplish much. Staff Comments The Board has granted numerous variance requests over the years to allow detached buildings to be used for home occupation activities. Those that have been granted usually involve properties in older neighborhoods, where the owner wants to convert an older, existing detached building. In this particular instance, the applicant proposes using a brand new detached building. Since the building is within 4' of the home it would not be difficult to connect the home and the detached building, thereby eliminating the need for a variance. However, the Board may find that a connection would not really serve any practical purpose, especially since it would not be visible G from the street or from the rear of the property, and that the proposal to leave the buildings detached would promote the general purpose of the standard equally well as would a proposal to attach the buildings. Appeal 2372 Address 1500 West Oak Street Petitioner Arundeep Pradhan Zoning District NCL Section 4.6(E)(3), 4.6(E)(4), 4.6(D)(1) Description The variance would (1) reduce the required rear yard setback from 15 feet to 9.58 feet along the north lot line in order to allow a 2-car garage addition, (2) reduce the required street side setback along Roosevelt from 15 feet to 13 feet in order to allow a wrap around front porch to be constructed, and (3) reduce the required lot area to floor area ratio from 2.75:1 to 2.52:1 by allowing a total building square footage of 2384 square feet instead of the existing 2184 square feet. The existing detached building at the northeast corner of the lot will be removed. Hardship The Trolley tracks run along Roosevelt Street, making the street narrower than most streets when cars are parked on both sides. The petitioner would like to construct a 2-car garage addition in order to accommodate off-street parking off of Roosevelt. The proposed wrap-around front porch adds to the aesthetic appeal of the home. If the support posts were moved in 2'from the edge of the porch, a street side setback variance would not be required since a 2' roof overhang is allowed into the setback. Placing the posts at the corners instead of 2' in is more practical. The existing floor area of the buildings on the lot are already over 2000 square feet. An existing shed building of about 250 sf will be demolished to make room for the garage addition, so only about 200 sf of additional floor area is being proposed. l Staff Comments None. G 9, 0 Appeal 2373 Address 1945 Fossil Creek Parkway A & B Petitioner Centex Homes Zoning District LMN Section 3.5.2(D)(3) Description The variance would reduce the required side yard setback along the west lot line from 5 feet to 4.9 feet in order to allow the construction of a duplex on lot 39 of Linden Park PDP. Lot 40 is under contract and construction and the petitioner feels it would be unreasonable to ask the new owner to change the size of their lot. The request is for a reduction of 0.1 feet. The structure cannot be moved closer to the east property line due to a 6 foot utility easement running along the east property line. Hardship See attached letter from Centex Homes Staff Comments None r� _ 0 Appeal 2374 Address 144 South Mason Street Petitioner Paul Aragon, for Joshua's Crossing Zoning District D Section 3.2.2(K)(1)(g) Description The variance would reduce the required number of off-street parking spaces from 50 to zero, in order to allow the use of the building to be changed from the shop/storage area of Operation Electric to Joshua's Crossing Church. The church facility would primarily be used on Sundays. There is no room on the lot to accommodate parking, but parking is available off-site in public parking lots and on streets near the property. Hardship There is no room on the lot to provide any parking on-site. However, there is an abundance of available parking on the street or in other parking facilities. The Code does not require any parking for commercial uses, but it does for Churches. The proposed church facility will have no greater parking demand then other businesses in the vicinity, and those businesses are not required to provide on-site parking. Staff Comments Lack of off-street parking on private lots in the downtown area is the norm, rather than the exception. Since the property is already developed, they can't construct a parking lot. Since the peak parking demand of the church will occur on off-peak periods for the commercial uses, the granting of a variance should not be detrimental to the public good. - 0 r Appeal 2375 ` Address 2700 South College Ave Petitioner Shaw Sign and Awning Zoning District C Section 3.8.7(A)(3)(B)(1) & 3.8.7(G)(1) Description The variance would allow the existing nonconforming "Homestead House" monument sign to be structurally remodeled without having to bring the sign into conformance. Specifically, the variance would allow the base of the existing 53 square foot per face, 9.33 foot tall, 0 foot setback sign to be lowered 1 foot, 7 inches in order to allow a decorative cap to be added on top of the existing sign cabinet, without having to move the sign 10 feet further east. By lowering the sign, the overall height will remain at 9.33 feet, so the degree of nonconformity will remain the same. Hardship See petitioner's letter Staff Comments This is a similar request to the one considered to the Board last year regarding the nonconforming Conoco sign at 2451 S. Taft Hill Rd. The Board granted that variance with the condition that the sign be brought into compliance by 2009, the year that all nonconforming signs are required to comply. Staff does not believe a hardship case can be shown with this particular appeal, so the Board must determine that the proposal promotes 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. If the Board is inclined to grant the variance, then specific findings must be stated. For instance, the Board may find that the proposal promotes the standard equally well or better because: 1) 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; 2) The existing nonconforming sign can remain as is until 2009 or be remodeled to bring the sign into compliance by an earlier date; 3) The proposed remodel will not bring it into conformity, but is preferable to leaving it as is or reskirting the existing base because the proposal will lower the height of the sign base, reduce the bulk of the overall sign structure, achieve a more human scale, and be more compatible with the building architecture, and therefore, the proposal is better than leaving the sign as is for another 7 years. Appeal 2376 Address 730 West Mountain Ave Petitioner Tom Campbell Zoning District NCL Section 4.6(D)(1), 4.6(E)(4), 4.6(E)(5) Description The variance would reduce_the required lot area to floor area ratio from 3:1 to 1.94:1 (allowing 3025�sgdlare feet of floor area, including the existing garage, instead of the maximum of 1958 square feet based on the lot size), in order to allow a second floor addition to be constructed to the existing home. The variance would also reduce the required street side setback along Grant Avenue from 15 feet to 8 feet to allow a wrap around porch and from 15 feet to 10 feet to allow a family room additionon to the west side, and reduce the required side yard setback along the east lot line from 5 feet to 2 feet to allow the exsiting one story closed in porch on the east side of the home to be rebuilt. Lastly, the variance would allow the home to be 3 stories in height instead of 2 stories in order to allow an "observation porch" to be part of the "attic" floor space. This attic space will be unfinished, unoccupied space. (The overall height of the building will be 38 feet). Hardship See petitioner's letter. Staff Comments With regards to the setbacks: 1) The Board has granted street setback variances in the older neighborhoods when it has been shown that the structure will be at least as far away from the street as would a structure in a newer subdivision where the lot line is located closer to the street than in these old subdivisions. For example, in this instance, the lot line is 20' from the curb along Grant. With the 8' setback requested, the structure will be 28' from the curb. In a newer subdivsion, where the lot line is 9' from the curb, a structure could be built with 24' from the curb (9' plus 15' setback) without a variance, and would be 4' closer to the street than the proposal before the Board. 2) The existing interior side setback (east side) is nonconforming, which is not uncommon in this part of town. The proposed new construction on that side will be in the same location as what currently exists. Zoning Board of Appeals March 21, 2002 #2366-172 N College AN #2368-824 1N'hedbee St _ • #2370-38ISA Celtic Ln • #2371-3320 HearthGre Dr • #2372-1500 R.Oak St CitV of Fort Collins • #2373-1945 Fossil Creek Pkm a&R � • #2373-144 S.]%Uxon St #237$-2700 S.College Ave .kppeal 2366-l7:N.College Ave. The appeal would amend the s'arintxe that was #2376-730 NY.Mountain Ave approved oa Norember IQ 1998. The owner is retinesung a siritince to reduce the number of parking spaces from 47 to?S,The spaces will be located in Ibe VIn'-awned Old Town Parking Garage on Remington St,which is the same - - lasanufl a 1.the 19"variance. d A w li qq � i F I i, Looid tg towards the north-nest corner of the Northern Hotel at the Looking southeast along Walnut St. This is the north side of the intersections of LaPorte Ave and Walnut St. building. Vies of the Northern Hotel from the top of the parking garage 7.trather ties of the Northern Hotel from the top of the parking garage at Mountain and Remington. 'Q CAl11RY5 PLMWK G WADM AREASam 2366-tl2a 1Cbedbee S1. The trortaore W "I'l reduce for reely}reA aide�-ard oioog(be north lot lice hom!feet to 1.1 fret is onkr to alhw a 480 squ�+re fool addition to the west side of the ctWmg detached g.-v. The n ting 'garage is slreadc located at a retback of 1.5 feet from the lol line. The proposed addition will Use illp with the existha north Yal). 1 Existing garage along the au—eeatld" _ to the rear of the home along the 311ey. The garage addition sill be on this z (west)side of the existing structure.. Existing garage and the rear of the existing home. The nen garage ddition s�il1 be bete een the garage and the house,4.3 feet from the Wil +— -ti" use i :Uler-facing side of the existing garage. The garage sits in 1.5 feet froth the property Approximate location of proposed garage additiwr line. a� �aa. Another view of the existing garage showing the distance to the ,Appeal 2370-3$15_A Celtic Lane. The variance would anon n property line and the fence line along the property line. 'fence that 15 taller then 4'to he located on the north side of the nnie,in the front surd. Ig Celtic Ln. Legal front}and Celt is Lane _ Facing ssest,"ith Celtic Ln.to the north. The house fronts onto r Che front of the house faces east,out towards the access easement. Jti'wide access easement,not the actual front property'line _ I3ttildin-Inspector in trnfrting. t _A - Approximate location of legal rear prorert)line-between the two _ homes. -��-' r, Appeal 2371,3320 Heartbfire Dr. The v2dance would allow a home cupaUon to be conducted In a detached building. Detached structure to the nest and north of the home. IM .another%iew of the detached structure and the nest side of The rear or the horne and the south side of the detached structure. the home. � o t:t2 Ap text 2372 1506 R'Oak St. The carisacr world;1't reduce the required rear and setback frnm 15'to 9.W xlove the north tot Due tr order to allow a 2-ear ttarxl'e addition,21 reduce the required street side xelbxet alone Rnos<t:lt from Yin order to allow a wrap around front porch to be couatracteA and 31 adjacent Ihorne to the crest of 1500%A rNtlYse the requital Inc Door area ratio from 2.75:1 to 2.52:1 be allowiup a total kcildi - rare foals of 2383 inaead of the exisUat 2i&I rare feet East e1-11oa of The home. Reoses'dt is Incated.tong the east side of the hotae- 'right side of this frame. The existing bon wtodos is carrcittl)'at s 16._S'setback Looking north along Roosevelt and the main wall of the home iv of 19'- The o tv line darts S'inside the h {x tK*- and the troflev[rack, from the sidewalle- cornerofOak and Roosevelt -41 + ' Trolley track _ r Y, To be removed Appr simote location of - east,semt-side setback: _ - 16.5'icom the b- to do.. -- The proposed addit..will extend 3S'farther to Lite easl. t Northtrear view of the►otne from Rnosevrll. The new garage will be located on this end of the home-The exltting detached%fracture will be remo%Td, Jnor— MW Rear property One - rte existing shed sits approximateh'on the rear property Ifrae. The _ --_- hed is proposed to be demolished. i ,appeal 2373.194-Fossil Creek Parkway A&B. The s-ariance - ^ - would reduce the required side%vrd sethack along the nest lot line from 5'to 4.9'in order to allnn the construction of a duplex on lot 39 of Linden Park PUP.the rr ut•st is for a reduction of 0.1' UMM 4 �` ` ki %jq"�3'4 114 S.%fawn St.The vmrla a Hoard mlar thr recryhed mi of di- +[rM parfdrt;,parr,It—V w 0.Lit oNet to a9o,r the—or thr b.Odktg m br ch a¢ed Rom the,hop,torape arra of Oprr2um F3rrnlr to.hMhoa's t.To[rige Oki The cti a h 1*Mry rrookt priatnth he ti m StM*i them I,w mom m tk 4M to wcommalate horthi corner of the building proposed to be used for Joshua's Iry .bm paw¢h—110,fe off ftr to ll parl�wE Li and w meet,near the Crossing Church. The!Mason St_public parking lot is loeaied just to rh. r� Looping east into the Oak Street Parking Plaza. Another view-of the Oak Street Parkin Plaza Mason St.public parking. The lot is directly north of public parking IoL e - Appeal 7375-2700 S.College Ave. The variance would allow the eosting nonconforming"Homestead House"monument sign to be 1 trstcturillc remodeled without haling to bring the sign into M�`4` "',�' `=+ � ate,• �" � _ Y 1 t ��x. ,I'1lT'Tl`lVl ,v � k't3�1G_;'� Y"a� �,, aNi '�"��� G'. '.l��J• /'�` sr. ,�,� ! P � �,,r. �9 I.�.r ie �'�` Z atc� ,. Y(,��l�l •.,'�IIy��� `'+4? +�����C't I�- '�i i ��'� y ::��,� ? +.•..T is __s,-.�_ C"� - - Imo°' ";Q'��, ► + ' ' �-�• I __�_ r ti— I Yl/: 9 y { 4 6g _ _> i .. ram... - -._ 415. r _ s Zoning Board of 1 1 ' March 21, ti