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HomeMy WebLinkAbout02/13/2003 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting r Zoning Board of Appeals Agenda Regular Meeting Thursday,February 13,2003 Roll Call Approval of the Minutes from the November 12, 2002 Meeting Appeal: 2407 4231 TABLE MOUNTAIN PL The variance would reduce the require rear yard setback from 15 feet to 11 feet, in order to allow a detached gazebo (enclosed hot tub building). The gazebo is 10 feet x 19 feet in size, and is already constructed. Code Sections: 4.3(D)(2)(C) Petitioner: MARY SEAMAN ZoningDistrict RL Appeal. 2408 1 :0`t The petitioner is appealing the written administrative interpretation (#5-02, issued by Current Planning Director Cameron Gloss) regarding the definition of"Neighborhood"as found in Sections 4.4(A)and 5.1.1 of the Land Use Code and as mentioned in City Plan. The interpretation is for the purpose of determining the"neighborhood" in which the property at 1109 West Harmony Road is located. Code Sections: 2.11 Petitioner: MARK BROPHY ZoningDistrict LMN Appeal. 2409 801 Peterson St The variance would reduce the required rear-yard setback from 15 feet to 7.83 feet in order to allow an 80 square foot sunroom/utility room addition to be constructed at the southwest corner of the house. The addition will square in the existing area at the back corner of the house, and the new wall will line up with the existing rear wall of the home. Code Sections: 4.7(E)(3) Petitioner: Tom Knebel ZoningDistrict NCM Appeal: 2410 700 E Locust St The variance would reduce the required rear-yard setback from 15 feet to 14 feet, and reduce the required west side-yard setback along Stover Street from 15 feet to 12.33 feet, in order to allow a 224 square foot second floor additon to be constructed on the existing 576 square foot detaced garage. The new second story rear wall would be constructed directly on top of the existing rear wall, and the new second story west wall will be 10 feet urther from Stover Street than the existing first story west wall. Code Sections: 4.6(E)(3)and 4.6(E)(4) Petitioner: Bill Taylor ZoningDistrict NCL Appeal: 2411 116 S McKinley Ave The variance would reduce the required lot area to floor area ratio from 2.87 to 1 to 2.7 to 1, reduce the required rear-yard setback along the east lot line from 15 feet to 2 feet, and would reduce the required side-yard setback along the south lot line from 5 feet to 4 feet, in order to allow the existing 297 square foot detached garage to be removed and replaced with a new 378 square foot detached garage. The new building will be at the same rear and side setback as the existing buildng. The buildng will also be converted from a duplex to a single family dwelling. Code Sections: 4.6(D)(1), 4.6(E)(3), 4.6(E)(4) Petitioner: Craig Zimmerman ZoningDistrict NCL Appeal: 2412 1831 Laporte Ave The variance would reduce the required street-side setback along Grandview Avenue from 15 feet to 11.75 feet, in order to allow a second-story addition to the existing one-story home. The walls of the second floor will be on top of the walls of the existing home. Therefore, the setback will be the same as the existing setback. Code Sections: 3.5.2(D)(2) Petitioner: Geoffrey Potts ZoningDistrict LMN Appeal: 2413 204 Maple St The variance would allow a portion of the lot at the northwest corner of Maple and Mason to be used as a temporary outdoor storage arealstaging lot, without having to be totally screened from view. Specifically, the City will be hiring a general contractor for the Downtown Enhancement Project, and it is proposed that this lot will be used to store various construction materials and equipment for the duration of the project. The estimated time for the project is from March through October 2003. Code Sections: 3.2.1(E)(6), 3.5.1(2) Petitioner: Mark Laken and Erika Keeton ZoningDistrict D Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, February 13, 2003 Appeal 2407 Address 4231 TABLE MOUNTAIN PL Petitioner MARY SEAMAN Zoning District RL Section 4.3(D)(2)(C) Description The variance would reduce the require rear yard setback from 15 feet to 11 feet, in order to allow a detached gazebo (enclosed hot tub building). The gazebo is 10 feet x 19 feet in size, and is already constructed. Hardship The building is not very tall, about 9'. Therefore, the impact on the neighbors, even at 4' closer than the required setback, is no more than the impact of a one or two story home located at the 15' minimum setback. The slab is already poured, so it can not be picked up and rotated very easily. The structure was purchased from a local retail outlet, and the owner was told by the store employees that a permit was not required. Staff Comments None. l y 1 Appeal 2448 Address 1109 W Harmony Rd Petitioner MARK BROPHY Zoning District LMN Section 2.11 Description The petitioner is appealing the written administrative interpretation (#5-02, issued by Current Planning Director Cameron Gloss) regarding the definition of "Neighborhood" as found in Sections 4.4(A) and 5.1.1 of the Land Use Code and as mentioned in City Plan. The interpretation is for the purpose of determining the "neighborhood" in which the property at 1109 West Harmony Road is located. Hardship Staff Comments On Dec. 24, 2002, Cameron Gloss, the Director of Current Planning rendered a written interpretation regarding the petitioner's earlier request for an interpretation of elements of the City's Land Use Code. Specifically, the petitioner, Mark Brophy, requested an answer to the following question in regards to clarifying whether or not there is a conflict between the definition and use of the term "neighborhood", as applied in the Land Use Code, and r. specific City Plan Principles and Policies relating to Transportation Corridors: "If the Harmony Road improvement project removes barriers to pedestrians as stated in City Plan Policies TC-2.2, TC-3.1, and TC-4.3 and there are no major physical features such as railroad tracks, irrigation ditches, or drainageways acting as a barrier to pedestrians, does the area of the O -0� neighborhood in which my property is situated change to the area bounded L \ by a five-minute walking radius (about a quarter-mile) of a public space of highest pedestrian use, the Harmony Library, that is less than or equal to a ten-minute walking distance (about a half-mile) from my property at 1109 West Harmony Road?" Mr. Gloss, in his written interpretation, concluded that the area of Mr. Brophy's neighborhood, as defined by a five-minute walking radius, from the neighborhood center to the edge, will remain as presently configured. Mr. Brophy is appealing this interpretation to the ZBA on the grounds that it fails to resolve conflicts in the definition of "neighborhood" between City Plan and the Land Use Code. The applicant had previously attempted to receive Land Use Modifications from the Planning and Zoning Board in order to allow the property to be developed with commercial uses. Those modification requests were denied. Two of the modifications pertained to the separation requirements between Neighborhood Centers. If the ZBA agrees with the applicant and finds that Shields Street and Harmony Road don't present barriers to pedestrian and bike access, the applicant could have a stronger case that a Neighborhood Center on his site meets the intent of certain sections of City Plan. If the ZBA agrees with the staff interpretation presented by Mr. Gloss, then it will be difficult for the applicant to develop the property with the types of commercial uses that were the subject of the previous modifications considered by the Planning and Zoning Board. Appeal 2409 Address 801 Peterson St Petitioner Tom Knebel Zoning District NCM Section 4.7(E)(3) Description The variance would reduce the required rear-yard setback from 15 feet to 7.83 feet in order to allow an 80 square foot sunroom/utility room addition to be constructed at the southwest corner of the house. The addition will square in the existing area at the back corner of the house, and the new wall will line up with the existing rear wall of the home. Hardship The proposed addition would go over an existing patio. The lot is very small and shallow (3750 sf lot, 75' depth). To function as a sunroom, southern exposure is needed. This is the most practical location, and any other location would probably also require a setback variance. Staff Comments Shallowness of a lot can be considered as grounds for a hardship variance. Appeal 2410 Address 700 E Locust St Petitioner Bill Taylor Zoning District NCL Section 4.6(E)(3) and 4.6(E)(4) Description The variance would reduce the required rear-yard setback from 15 feet to 14 feet, and reduce the required west side-yard setback along Stover Street from 15 feet to 12.33 feet, in order to allow a 224 square foot second floor additon to be constructed on the existing 576 square foot detaced garage. The new second story rear wall would be constructed directly on top of the existing rear wall, and the new second story west wall will be 10 feet urther from Stover Street than the existing first story west wall. Hardship The petitioner desires to have a personal use studio area. The most practical place to construct an addition is on top of the existing detached garage. The existing setback will be maintained on the rear, and the new west wall will be more in compliance than the existing wall. Staff Comments If the Board considers granting this appeal, then staff recommends placing a condition on the approval to the affect that the studio can't be used for a home occupation activity without coming back to the Board. • l ' 7 Appeal 2411 Address 116 S McKinley Ave Petitioner Craig Zimmerman Zoning District NCL Section 4.6(D)(1), 4.6(E)(3), 4.6(E)(4) Description The variance would reduce the required lot area to floor area ratio from 2.87 to 1 to 2.7 to 1, reduce the required rear-yard setback along the east lot line from 15 feet to 2 feet, and would reduce the required side-yard setback along the south lot line from 5 feet to 4 feet, in order to allow the existing 297 square foot detached garage to be removed and replaced with a new 378 square foot detached garage. The new building will be at the same rear and side setback as the existing buildng. The buildng will also be converted from a duplex to a single family dwelling. Hardship The lot is very small (3750 sf), and is very shallow (50 ft). The existing detached garage is in bad repair and is too small to be a 2 car garage. The owner will be remodeling the existing home, interior and exterior, and desires to construct a new garage that will be in keeping with the character of the home, and that will be large enough for 2 cars. It will be only 81 sf larger than the existing garage. If the new building is moved forward to comply with the rear setback, then the building wouldn't comply with the required front yard setback. If the building is moved an additional foot to the north in order to comply with the 5' side yard setback, then it will be only 4' from the house. The owner would like to have the new building at least as far from the house as the existing one is. Staff Comments Since a replacement garage can't be constructed anywhere on the lot without a variance, the Board may determine that a hardhip is imposed due to the size of the lot. Appeal 2412 Address 1831 Laporte Ave Petitioner Geoffrey Potts Zoning District LMN Section 3.5.2(D)(2) Description The variance would reduce the required street-side setback along Grandview Avenue from 15 feet to 11.75 feet, in order to allow a second- story addition to the existing one-story home. The walls of the second floor will be on top of the walls of the existing home. Therefore, the setback will be the same as the existing setback. Hardship The home is a small rental home, less than 1000 sf. The petioner believes that a second story addtion is better than a one story addition and will be better suited for an owner occupied home. The home is already at a nonconforming setback from the Grandview lot line. Staff Comments None. Appeal 2413 Address 204 Maple St Petitioner Mark Laken and Erika Keeton Zoning District D Section 3.2.1(E)(6), 3.5.1(2) Description The variance would allow a portion of the lot at the northwest corner of Maple and Mason to be used as a temporary outdoor storage area/staging lot, without having to be totally screened from view. Specifically, the City will be hiring a general contractor for the Downtown Enhancement Project, and it is proposed that this lot will be used to store various construction materials and equipment for the duration of the project. The estimated time for the project is from March through October 2003. Hardship See petitioner's letter. Staff Comments None. G Other Business Election of officers \j� „� ,�L