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HomeMy WebLinkAbout03/20/2003 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Community Planning and Environmental Services Building and Zoning Department Citv of Fort Collins March 24, 2003 To Whom It May Concern: You recently received a notice from the City of Fort Collins Zoning Department regarding a variance application to be considered by the Zoning Board of Appeals on March 20, 2003. The notice informed you of a request being made by one of your neighbors. The March 20tt' meeting was postponed due to the recent snow storm. Please be advised that the following appeals have been rescheduled and will be considered by the Zoning Board of Appeals on April 10, 2003: Appeal #2414 — 1821 Rolling Gate Rd. Appeal #2415 — 1504 W. Mountain Ave. Appeal #2416 - 1833 E. Harmony Rd. Other Business — 700 E. Locust St. The meeting will begin at 8:30 a.m. in the City Council Chambers at 300 Laporte Avenue. Please feel free to call me at 970-416-2355 if you have any questions regarding this matter. Sincerely, Peter Barnes Zoning Administrator 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970) 221-6760 • FAX(970)224-6134 Zoning Board of Appeals Agenda Regular Meeting Thursday, March 20, 2003 Appeal 2414 Address 1821 Rolling Gate Rd Petitioner Peter Springberg Zoning District RL Section 4.3(D)(2)(d) Description The variance would reduce the required side yard setback along the east lot line from 5 feet to 1.5 feet in order to allow a 52 square foot, 8' 9" tall storage shed to be allowed to remain at its current location adjacent to the rear patio slab. If the shed were 9" shorter, a variance would not be required. Hardship The shed was constructed directly abutting the concrete patio slab, with the floor of the shed level with the floor of the patio slab. The homeowner's association reviewed the plans prior to construction, and it was approved with the condition that the roof pitch match the house. The shed can be lowered 9" by changing the roof pitch or by reducing the height of the walls. If the wall height is lowered, then the full size door would need to be replaced with a shorter door, making it more difficult to enter, and more difficult to store or retrieve equipment. The shed cannot be moved to the west side of the patio because it would be directly in front of a window. The rear yard is very shallow, so if the shed is moved to the rear of the slab then a rear setback variance would be required for a shed of this height. Staff Cominents None. dk Appeal 2415 ` Address 1504 W Mountain Ave Petitioner Lon Miller Zoning District NCL Section 4.6(E)(4) Description The variance would reduce the required side-yard setback along the east lot line from 5 feet to 1.9 feet in order to allow the rear 8 feet of the east wall of the home to be replaced, and a new roof constructed over a part of the rear portion of the home. The east wall is already at a 1.9 foot setback, so the new construction would be in the same location as the existing. This remodel would result in the old, enclosed porch at the rear of the home being converted to an expanded kitchen area. Hardship The existing kitchen is along the same side of the home as the enclosed porch, and it is the area where a kitchen expansion would naturally occur. If the new wall is required to comply with the setback, then there would be no way to expand the kitchen. The new wall will not add any extra depth to the home, so the degree of existing nonconformity will not be increased. Staff Comments Even though the new wall is at the same setback as the existing wall, a portion of the wall will be taller than the existing. Therefore, it may be difficult to apply the "equal to or better than" standard since it could be construed that the existing wall is less intrusive since it's lower than the proposed. The Board may need to determine this appeal based on the hardship standard. Appeal 2416 Address 1833 E HARMONY RD Petitioner Gregg Glick Zoning District HC Section 3.8.7(D)(6) Description The variance would increase the sign allowance for the property at 1833 East Harmony Road from 457 square feet to 943 square feet. The variance is requested in order to allow the east facing tenants to place signs on the east wall facing the Harmony Village Shopping Center. Hardship See petitioner's letter. Staff Comments This building may be at a disadvantage when it comes to the sign code due to its orientation and the changing character of the tenant mix of the building and surrounding property. If the Board decides in favor of this appeal, staff recommends that a condition be placed on the variance that limits the amount of signage on the north wall facing Harmony to no more than would normally be allowed by the sign code. In this case, that means that no more than 457 square feet of signage be along the north. r Other Business ` The chairperson of the Board will introduce a motion to reconsider the vote that was taken on February 13, 2003 regarding Appeal #2410 for the property at 700 E. Locust Street. Specifically, the variance requested would reduce the required rear-yard setback from 15 feet to 14 feet, and reduce the required west side setback setback along Stover Street from 15 feet to 12.33 feet, in order to allow a 224 square foot second floor addition to be constructed on the existing 576 square foot detached 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 further from Stover Street than the existing first story west wall. At the February 13, 2003 meeting, the ZBA voted 4-2 to deny the request. 0 0