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HomeMy WebLinkAbout11/09/1995 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS November 9, 1995 1. Roll call. 2. Appeal 2147. The variance would reduce the required side yard setback along the east lot line from 5 feet to 4.7 feet in order to allow a 20 ft. X 35 ft. garage addition to the rear of the existing garage. The east wall of the addition will line up with the existing east wall of the garage, which is already at a 4.7 ft. setback. Section 29-133(5) by Mark Simmons, 2718 Bluegrass Drive. 3. Appeal 2148. The variance requested would reduce the required side yard setback from the south lot line from 5 ft. to 3 ft. for a new single family home. (The home has recently been constructed, and was inadvertently laid out in the wrong place on the lot). Section 29-148 and 29-133(5) by Jim and Judy Nelson, 5407 Hilldale Court. 4. Appeal 2149. The variance would reduce the required side yard setback along the south lot line (which is also a zoning district line) from 20 ft. to 1 ft.8 inches, reduce the required 5 ft. parking lot landscape strip along the north lot line to zero feet, reduce the required 15 ft. wide landscape strip along Shields Street to an average of 4 feet, and eliminate the requirements to install a 6 ft. high wood fence along the south lot line. The variances are necessary in order to allow the existing auto repair building to be demolished and a new auto repair/food mart building to be constructed. (The canopy would remain). Section 29-303, 29-493(1), 29-493(2) by Glen Werth, 1015 S. Shields Street. 5. Appeal 2150. The variance would reduce the required front yard setback along Colorado Street from 15 ft. to 12 ft. in order to allow an addition to the south side of the home. The addition would replace the existing covered porch, and it would line up with the existing front wall of the house. Section 29-167(3) by Mike Jones, 700 Colorado Street. 6. Appeal 2151. The variance would: allow a portion of a home occupation (Poudre River Kayaks) to be conducted in the detached garage instead of within the dwelling, allow exterior storage of a kayak trailer (within the fenced back yard instead of within a building), and would allow a long one-car wide driveway to be considered an acceptable parking area for two cars, instead of having a two-car wide driveway meet the requirement to provide two off-street parking spaces. See Petitioner's letter. Section 29-459(1), 29-459(6), 29-459(8) by Claire Carren, 1524 W. Oak Street. 7. Appeal 2152. The variance would reduce the required side yard setback along the east lot line from 5 ft. to 3 '/ ft. for both an addition at rear of house, and second story addition running continuous with existing house. Section 29-167(5) by Cameron Fraser, 316 locust Street. S, Appeal 2153. The variance would reduce the required side yard setback along the north lot line from 5 ft. to 2 ft. in order to allow a portion of the rear of the house to be demolished and a new two-story addition constructed in its place. Section 29-167(5) by James Smith and Karen Cagle, 323 Park Street. 9- Other business. ZONING BOARD OF APPEALS AGENDA Regular Meeting November 9, 1995 Appeal 2147 --- 2718 Bluegrass Drive --- Petitioner: Mark Simmons, owner --- Zone: RL Zone --- Section 29-133(5) y --- The variance would reduce the required side yard setback along the east lot line from 5 feet to 4.7 feet in order to allow a 20 ft. X 35 ft. garage addition to the rear of the existing garage. The east wall of the addition will line up with the existing east wall of the garage, which is already at a 4.7 ft. setback. --- Petitioner's statement of hardship: The existing home was constructed at a 4.7 ft setback. The garage addition will be such that cars will enter in the front and can be driven all the way to the rear. Putting a jog in the wall in order to comply with the code would be an impediment. It would also make more sense visually, to line up the wall. --- Staff comments: None. Appeal 2148 --- 5407 Hilldale Court --- Petitioner: Jim and Judy Nelson, owner and contractor --- Zone: RLP Zone --- Section 29-148 and 29-133(5) --- The variance requested would reduce the required side yard setback from the south lot line from 5 ft. to 3 ft. for a new single family home. (The home has recently been constructed, and was inadvertently laid out in the wrong place on the lot). --- Petitioner s statement of hardship: The home is already constructed , and due to an error in laying out the house on the lot, a portion of the side of the home encroaches into the required 5 ft_ setback. The error was an honest mistake, and not a willful act. --- Staff comments: The home also encroaches into a utility easement. However, a portion of the easement was vacated by the Planning and Zoning Board to accomodate the home. The setback error was discovered as a result of the survey that is required by the title company prior to closing. Appeal 2149 --- 1015 S. Shields Street --- Petitioner: Glen Werth, owner --- Zone: BL Zone --- Section 29-303, 29-493(1), 29-493(2) --- The variance would reduce the required side yard setback along the south lot line (which is also a zoning district line) from 20 ft. to 1 ft. 8 inches, reduce the required 5 ft. parking lot landscape strip along the north lot line to zero feet, reduce the required 15 ft. wide landscape strip along Shields Street to an average of 4 feet, and eliminate the requirement to install a 6 ft. high wood fence along the south lot line. The variances are necessary in order to allow the existing auto repair building to be demolished and a new auto repair/food mart building to be constructed. (The canopy would remain). --- Petitioner's statement of hardship: This property is in the BL district, which requires a 20 ft. setback from a zoning district line. The adjacent lot to the south is zoned RH, so the south lot line is the zoning district line. Moving the building over 20 feet would eliminate 24 parking, and create numerous access problems for this property and the property to the north. The applicant is proposing to install as much landscaping as possible, but is limited due to curb cuts and problems with servicing the adjacent building. If the fence is installed, l then motorists would see nothing but a fence extending to Shields. Eliminating the fence 0 will allow the landscaping to be viewed. Because of the high number of pedestrians and bicyclists that use the walk and bike lane in front of this location, the fence would present a safety hazard. --- Staff comments: The Board has granted a variance to eliminate the fence on a few occasions when its elimination is agreed to by the adjacent property owner, and then with a condition that if the property redevelops the variance would need to be reconsidered. The portions of this appeal that deal with the buidling setback and the north landscaping are somewhat unique in that part of the hardship deals with the impact that strict compliance would have on the adjacent property. In other words, part of the hardship is that if the variance is not granted, then the adjacent property owner would suffer. Appea12150 --- 700 Colorado Street --- Petitioner: Mike Jones, owner --- Zone: NCM Zone --- Section 29-167(3) --- The variance would reduce the required front yard setback along Colorado Street from 15 ft. to 12 ft. in order to allow an addition to the south side of the home. The addition would tt replace the existing covered porch, and it would line up with the existing front wall of the house. --- Petitioner's statement of hardship: The home is small and the lot is also quite small. The setback already is nonconforming and the addition will just line up with the existing wall. The lot is constrained because of its small size and there is limited room to make improvements. --- Staff comments: None. Appeal 2151 --- 1524 W. Oak Street --- Petitioner: Claire Carren, owner --- Zone: NCL Zone --- Section 29-459(1), 29-459(6), 29-459(8) --- The variance would: allow a portion of a home occupation (Poudre River Kayaks) to be conducted in the detached garage instead of within the dwelling, allow exterior storage of a kayak trailer (within the fenced back yard instead of within a building), and would allow a Iona one-car wide driveway to be considered an acceptable parking area for two cars, instead of having a two-car wide driveway meet the requirement to provide two off-street parking spaces. . --- Petitioner's statement of hardship: See Petitioner's letter --- Staff comments: Most of the driveways in this neighborhood are long, one-car wide driveways. Appea12152 --- 316 E. Locust Street --- Petitioner: Cameron Fraser, owner --- Zone: NCM Zone --- Section 29-167(5) The variance would reduce the required side yard setback along the east lot line from 5 ft. to 3 '/ ft. In order to allow an an addition to the rear of the garage, with a second story addition above. The addition would line up with the existing east wall of the garage, which is already at a 3 '/z ft setback. --- Petitioner's statement of hardship: Narrowness of lot (50') and attached garage already exist at east side where both second story addition and extension are to occur. Additions would be in character with other properties in the neighborhood which have less than 5 ft. side setbacks (neighbor to east has less than 5 ft. side setback). Existing garage is at 3 '/z ft. side setback. Existing garage was constructed with house in 1935. --- Staff comments: None. Appeal 2153 --- 323 Park Street --- Petitioner: James Smith and Karen Cagle, owners --- Zone: NCM Zone --- Section 29-167(5) --- The variance would reduce the required side yard setback along the north lot line from 5 ft. to 2 ft. in order to allow a portion of the rear of the house to be demolished and a new 0 two-story addition constructed in its place. --- Petitioner's statement of hardship: The lot is in the older part of town, and is narrow - only 50 feet. The existing home is already only 2 ft. from the property line. The rear portion of the home is deteriorating and needs to be rebuilt. --- Staff comments: None.