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HomeMy WebLinkAbout11/11/2002 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday,November 14,2002 Roll Call Approval of the Minutes from the May 9, 2002 Meeting Appeal: 2398 651 WHEDBEE ST The variance would reduce the required lot area from 4295 square feet to 4045 square feet in order to correct the lot area variance that was approved on December 13,2001. That variance authorized the lot area reduction from 5000 square feet to 4295 square feet in order to allow the owner to split the one lot that contained the homes at 420 E. Laurel and 651 Whedbee into 2 separate lots. A 250 square foot surveying error was discovered at the time that the official replat was processed through the City's platting proceedure. The proposed lot line that was approved in December, 2001 will still be in the same location, so this variance request will not result in anything different from what was originally approved. Code Sections: 4.7(D)(1) Petitioner: Stephen Mack ZoningDistrict NCM Appeal: 2399 630 S HOWES ST The variance would allow a home occupation activity to be conducted in a detached building rather than within the home that is on the lot. Specifically, the variance would allow the existing detached garage to be used as a bicycle repair shop, rather than require the shop use to be conducted in the home that is on the front portion of the lot. Code Sections: 3.8.30) Petitioner: James Beck ZoningDistrict CC Appeal: 2400 300 E FOOTHILLS PKWY The variance would allow this property to have 2 single-face freestanding signs on the south side of the building. The code allows freestanding signs to be located only along dedicated public streets. The former Foothills Parkway along the south side of this lot was vacated several years ago, therefore there is no longer a public street along the south on which freestanding signs can be located. Specifically, the variance would allow a single-face, 15 square foot freestanding sign to face onto the private drive into the Foothills Mall. (south-facing)and would allow a second single-face, 8 square foot freestanding sign to face into the parking lot(east-facing). Code Sections: 3.8.7(G)(6) Petitioner: FAST SIGNS ZoningDistrict C -COMMERCIAL Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, November 14, 2002 Appeal 2398 Address 651 WHEDBEE ST Petitioner Stephen Mack Zoning District NCM Section 4.7(D)(1) Description The variance would reduce the required lot area from 4295 square feet to 4045 square feet in order to correct the lot area variance that was approved on December 13, 2001. That variance authorized the lot area reduction from 5000 square feet to 4295 square feet in order to allow the owner to split the one lot that contained the homes at 420 E. Laurel and 651 Whedbee into 2 separate lots. A 250 square foot surveying error was discovered at the time that the official replat was processed through the City's platting proceedure. The proposed lot line that was approved in December, 2001 will still be in the same location, so this variance request will not result in anything different from what was originally approved. Hardship The original variance authorized the new lot line to be located 17' west of the home at 651 Whedbee and 10' east of the home at 420 E. Laurel. This proposed variance will result in the lot line being in the same location as the original variance, so nothing is really changing with respect to this lot. The surveying error wasn't discovered until recently. The lot will still comply with the 2 to 1 lot area to floor area ratio that is required in the NCM zone. The proposed location of the lot line as originally intended was to allow adequate distance between the existing buildings and the lot line in order to maintain the location of the natural split in the patio area between the two houses. This variance request will maintain that original intent. Staff Comments The December, 2001 variance was approved pursuant to the "equal to or better than" standard. In order to apply this standard, the Board must determine that the proposal as submitted will 1) promote the general purpose 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, and 2) will not be detrimental to the public good. The purpose of the standard - a 5000 sf lot area per home- is to ensure that the lot size of a lot on which a home is located is adequate to provide 0 important private open space and to ensure there is a relatively small percentage of the lots in the NCM zone on which a second home can be constructed, thereby preventing the proliferation of"alley houses". On December 13, 2001, the ZBA made the following findings: 1) there was no detriment to the public good since both homes already existed, and 2) the purpose of the standard is promoted equally well since the property is already a legal, nonconforming property, no new homes or buildings are being proposed or allowed by the variance, and the variance would simply draw a line on a piece of paper allowing the two existing homes to exist on different lots. Appeal 2399 Address 630 S HOWES ST Petitioner James Beck Zoning District cc Section 3.8.3(1) Description The variance would allow a home occupation activity to be conducted in a detached building rather than within the home that is on the lot. Specifically, the variance would allow the existing detached garage to be used as a bicycle repair shop, rather than require the shop use to be conducted in the home that is on the front portion of the lot. Hardship The detached building is existing. The home does not have an attached garage. If the garage was attached to the home, then a variance would not be required. This is similar to other properties in the older neighborhoods, wherein similar variances have been approved. Staff Comments It is not uncommon for the Board to hear request to allow home occupation activities in existing, detached buildings in the older neighborhoods. This home, like many others in the neighborhood, does not have an attached garage. Residents in newer neighborhoods that do have attached garages can convert the garage to a home occupation area without the need for a variance. The Board has normally used the "hardship"criteria when considering this type of variance, finding that the unique situation is that the home does not have an attached garage that can be converted, and that if the garage were attached, then a variance would not be needed. wj� Appeal 2400 Address 300 E FOOTHILLS PKWY x f Petitioner FAST SIGNS Zoning District C - COMMERCIAL Section 3.8.7(G)(6) Description The variance would allow this property to have 2 single-face freestanding signs on the south side of the building. The code allows freestanding signs to be located only along dedicated public streets. The former Foothills Parkway along the south side of this lot was vacated several years ago, therefore there is no longer a public street along the south on which freestanding signs can be located. Specifically, the variance would allow a single-face, 15 square foot freestanding sign to face onto the private drive into the Foothills Mall. (south-facing) and would allow a second single-face, 8 square foot freestanding sign to face into the parking lot (east-facing). Hardship The fagade of the building is mainly comprised of windows and the roof will not accommodate signage. Mathews St. is the only location a freestanding sign can be located since that is the only street adjacent to this property, but there is another tenant residing in the west/Mathews St end of the building. The tenants on the east side of the building would rather their signage be located next to their unit and believe that the only feasible alternative is to use freestanding signs due to the design of the building. The signs are located about 80' behind the former Foothills Pkwy, so they really aren't located close to the former street, and really funtion more as building signs then street signs. Staff Comments The design of the building does create some difficulties with regards to erecting wall signs. The signs are much closer to the building than to the former street, so no real abuse is occuring. If the Board decides to grant a variance, some consideration to imposing conditions should be given. For example, a condition should be placed on the variance prohibiting the signs from being moved closer to the former street, the variance should be limited to these specific signs, and the 1' of air space below the signs should be filled in with materials that match the building material or with evergreen shrubs planted as a filler. 40` Other Business 1. Election of officers in December 2. Boards and Commissions appreciation event 3. Set date for breakfast worksession in January or February. 4. Go over handouts in packet (2003 work plan, open meetings memo).