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HomeMy WebLinkAbout05/08/2003 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday,May 08,2003 Roll Call Approval of the Minutes from the February 13,2003 Meeting Appeal: 2420 410 E Oak St The variance would allow a home occupation activity to be conducted in a detached building rather than in the home. Specifically,the variance would allow a ceramic art studio to be conducted in 2, new detached buildings to be constructed on the rear portion of the lot. One building will be a 759 sq.ft. studio, the other building will be a 368 sq.ft. building housing 2 kilns. No sales would occur on the premises, and there would be no non-residents of 410 E. Oak working on the premises. Code Sections: 3.8.3(1) Petitioner: Marc Fryer ZoningDistrict NCB Appeal: 2421 1320 W Prospect Rd The petitioner is appealing administrative interpretation #1-03 regarding the use classification of the proposed recreational facility on property adjacent to the Church of Jesus Christ of Latter-Day Saints at 1400 Lynnwood Drive in Fort Collins. The interpretation was issued by Zoning Administrator Peter Barnes in response to a written request for a determination as to whether the recreational facility is an accessory use or principal use. The resulting interpretation#1-03 concluded that the proposed facility should be classified as an accessory use to the LDS church. The petitioner believes the use should be classified as a principal use and is therefore appealing the determination stated in interpretation#1-03. Code Sections: 2.11 Petitioner: Whitney Cranshaw& Sue Ballou ZoningDistrict RL Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, May 08, 2003 Appeal 2420 Address 410 E Oak St Petitioner Marc Fryer Zoning District NCB Section 3.8.3(1) Description The variance would allow a home occupation activity to be conducted in a detached building rather than in the home. Specifically, the variance would allow a ceramic art studio to be conducted in two, new detached buildings to be constructed on the rear portion of the lot. One building will be a 759 square foot studio, the other building will be a 368 square foot building housing two kilns. No sales would occur on the premises, and there would be no non-residents of 410 East Oak Street working on the premises. Hardship Due to the nature of the business, e.g. kiln, heat, dust, etc., the activities need to be done in a detached building. The design of the buildings will be compatible with the design of the home, and will be in keeping with the character of other lots on the block that have detached buildings. All of the setbacks will be met. Staff Comments The Board has granted a number of variances in the past for home occupations to be allowed in detached buildings in the older part of town. However, those variances have generally been to allow older, existing detached garages to be converted. In this case, the request is to allow two new detached buildings to be constructed. If the Board wants to consider this under the "equal to or better than" standard, it will be necessary to determine what the purpose of the home occupation ordinance is. Section U 3.8.3 of the Code does not contain a specific reference to the purpose, therefore the following statement may be considered as describing the purpose of the home occupation regulations: "The purpose of allowing a home occupation as a permitted accessory use to a dwelling is to permit the inhabitants of a dwelling to conduct self- employment on the premises where the inhabitant resides. This self- employment use is intended to only be permitted when the impacts to the neighborhood are minimal." With regard to the use of detached buildings, staff suggests that the impact to the neighborhood can be determined to be minimal only when the neighborhood already contains numerous detached buildings. In this particular instance, the property is in the old town area, where detached buildings are very common. T Appeal 2421 Address 1320 W Prospect Rd Petitioner Whitney Cranshaw & Sue Ballou Zoning District RL Section 2.11 Description The petitioner is appealing administrative interpretation #1-03 regarding the use classification of the proposed recreational facility on property adjacent to the Church of Jesus Christ of Latter-Day Saints at 1400 Lynnwood Drive in Fort Collins. The interpretation was issued by Zoning Administrator Peter Barnes in response to a written request for a determination as to whether the recreational facility is an accessory use or principal use. The resulting interpretation #1-03 concluded that the proposed facility should be classified as an accessory use to the LDS church. The petitioner believes the use should be classified as a principal use and is therefore appealing the determination stated in interpretation #1-03. Hardship Staff Cornments On March 27, 2003, Zoning Administrator Peter Barnes rendered a written interpretation regarding the applicant's earlier request for an interpretation of elements of the city's Land Use Code. Specifically, the applicant requested that staff render an interpretation that the proposed recreational facility, including a baseball field, volleyball court, horseshoe pit, and picnic shelter on property adjacent to the Church of Jesus Christ of Latter-Day Saints at 1400 Lynwood Drive is a "principal use" rather than an "accessory use". However, the Zoning Administrator, in the resulting written interpretation, concluded that the recreation facility is considered to be an "accessory use". The applicant is appealing this interpretation to the ZBA. If the ZBA agrees with the applicant's assertion that the proposed facility is a principal use, then the facility must be processed and approved through a Type 1 public hearing process. If the ZBA agrees with the Zoning Administrator's interpretation, then no public hearing process is required for the facility. Boardmember's packets include: 1. The applicant's original request for an interpretation (Exhibit A), 2. The Zoning Administrator's administrative interpretation (Exhibit B), 3. The applicant's appeal to the ZBA of the administrative interpretation. Staff will include a response to the applicant's appeal as part of the staff presentation at the May 8th meeting. Other Business r Zoning Board of Appeals Agenda Regular Meeting Thursday,June 12,2003 Roll Call Approval of the Minutes from the February 13, 2003 Meeting Appeal: 2422 2702 Bradford Sq The variance would reduce the required rear yard setback along the east lot line from 15' to 10' in order to allow an 1 V x 11'dining room addition. The addition will be located where the existing deck is. The deck is currently 6'from the rear lot line. Code Sections: 4-3(D)(2)(C) Petitioner. Andy Looney ZoningDistrict RL Appeal. 2423 1040 E ELIZABETH ST The variance would reduce the required rear yard setback along the north lot line from 15'to 5'in order to allow a new 20'x 24' detached, wood storage building to be constructed. The new building would replace the existing 15'x 20' metal storage building. The existing building is only about 2'from the rear lot line. Code Sections: 4.8(D)(3)(C) Petitioner: Ron Baker ZoningDistrict NCB Appeal: 2424 1113 W OLIVE ST The variance would (1) reduce the required front yard setback from 15'to 10'to the front wall of the home and to 4'far the roof overhang over the front door, (2)would reduce the required rear yard setback from 15'to 9', (3) would allow the attached garage to be located flush with the front wall of the home instead of being setback 10'behind the front wall of the building, (4)would reduce the required lot area from 6000 square feet to 3000 square feet, and (5)would reduce the required lot area to floor area ratio from 3 to 1 to 2.9 to 1. The variances are necessary in order to allow a new home to be built on this older, 3000 square foot lot. Code Sections: 4.6(E)(2), 4.6(E)(3), 4.6(F)(1)(C), 4.6((D)(1) Petitioner. Joe Vansant ZoningDistrict NCL Appeal: 2425 713 Mathews Street The variance would reduce the required side yard setback along the south lot line from 5'to 18" in order to allow an 8'addition onto the rear of the existing detached garage. The existing garage is already only 18"from the south lot line, and the addition would line up with the existing south wall. The new addition will change the access from a street-accessed garage to an alley-accessed garage. Code Sections: 4.7(E)(4) Petitioner. Lydia Baldwin ZoningDistrict NCM Appeal: 2403-A,2404-A 320 N COLLEGE AVE The request would allow the original variances that were granted on January 9, 2003 to be extended an additional 6 months. The original request was to allow the existing Schrader office building to be demolished and a new office building to be constructed in its place, and to allow a 1950 square foot enclosed truck wash addition to the rear of the existing warehouse/shop building. The Code stipulates that a variance expires 6 months from the date of the granting of the original variance any time a building permit is requried. However,the Code also authorizes the Zoning Board to grant a 6 month extension if it is found that the circumstances of the case warrant such an extension. In this particular instance, the project has been delayed due to the need to resolve outstanding issues. Code Sections: 2.10.2(K) Petitioner: Greg Fisher ZoningDistrict T Appeal. 2426 800 W MOUNTAIN AVE The variance would reduce the required street side yard setback along Grant Street from 15'to 5.5' in order to allow a 12.5', one story addition to the back of the existing home. The existing home is already at a 5.5'setback from the Grant Street lot line, and the addition will line up with the existing wall. Code Sections: 4.6(E)(4) Petitioner: Keira Harkin ZoningDistrict NCL Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, June 12, 2003 Appeal 2422 Address 2702 Bradford Sq Petitioner Andy Looney Zoning District RL Section 4-3(D)(2)(C) Description The variance would reduce the required rear yard setback along the east lot line from 15' to 10' in order to allow an 1 V x 11' dining room addition. The addition will be located where the existing deck is. The deck is currently 6' from the rear lot line. Hardship See petitioner's letter. In addition, in order to accommodate the side-loaded garage off of the other street, the house was probably constructed further back for safety purposes, thus reducing the size of the back yard. Staff Comments None- 6 S . 0 Appeal 2423 Address 1040 E ELIZABETH ST Petitioner Ron Baker Zoning District NCB Section 4.8(D)(3)(C) Description The variance would reduce the required rear yard setback along the north lot line from 15' to 5' in order to allow a new 20' x 24' detached, wood storage building to be constructed. The new building would replace the existing 15' x 20' metal storage building. The existing building is only about 2' from the rear lot line. Hardship The existing building is dilapidated and not weather or animal tight. The petitioner needs to use the building for records storage and would like to replace the existing building with a wood one. Moving the building 10' further south would result in the loss of a number of needed parking stalls. The property behind this lot is undeveloped, so there are currently no other buildings there. Staff Comments The property to the north of the proposed building is the one that is most affected by the variance request. That property is zoned NC, which is a commercial zone wherein no building setbacks apply to the rear or side lot lines. Therefore, the Board may determine that the intent of the 15' rear G setback regulation (to safeguard the abutting property to the north with respect to such things as privacy, density and light) is satisfied. `- S J Appeal 2424 Address 1113 W OLIVE ST Petitioner Joe Vansant Zoning District NCL Section 4.6(E)(2), 4.6(E)(3), 4.6(F)(1)(C), 4.6((D)(1) Description The variance would (1) reduce the required front yard setback from 15'to 10' to the front wall of the home and to 4' for the roof overhang over the front door, (2)would reduce the required rear yard setback from 15' to 9', (3) would allow the attached garage to be located flush with the front wall of the home instead of being setback 10' behind the front wall of the building, (4) would reduce the required lot area from 6000 square feet to 3000 square feet, and (5) would reduce the required lot area to floor area ratio from 3 to 1 to 2.9 to 1. The variances are necessary in order to allow a new home to be built on this older, 3000 square foot lot. Hardship The lot used to be a City of Fort Collins substation and was created for that use and platted at the current size. There is no additional land available to buy. Without a variance, nothing can be built. The front property line is 15' behind the street curb, so the intent of the front setback requirement from the street is satisfied. This 15' "parkway" area also makes the lot look bigger. If the 900 square foot parkway area is included as part of the size of the lot, then the intent of the 3 to 1 lot area/floor area ratio is met. Since the lot is very shallow, only 50% it is difficult to build a functional house that complies with both the front and rear setback requirements. E Staff Comments The Board granted setback and lot area variances for this lot in 1985 and 1996. Both of the previous variances expired, with no construction activity occuring. The original 1985 petitioner is once again requesting similar variances in order to allow the proposed infill development. The "equal to or better than" standard was not available for the Board to apply in the earlier variances. Therefore, they were both granted under the hardship criteria. G 5l�� Appeal 2425 Address 713 Mathews Street Petitioner Lydia Baldwin Zoning District NCM Section 4.7(E)(4) Description The variance would reduce the required side yard setback along the south lot line from 5' to 18" in order to allow an 8' addition onto the rear of the existing detached garage. The existing garage is already only 18" from the south lot line, and the addition would line up with the existing south wall. The new addition will change the access from a street-accessed garage to an alley-accessed garage. Hardship If the addition were constructed 3.5' further north in order to comply with the 5' side setback, the resulting offset would not allow the garage door access to be moved to the alley. The additon would also allow for storage area of bikes, etc. Staff Comments None. G - J Appeal 2403-A, 2404-A Address 320 N COLLEGE AVE Petitioner Greg Fisher Zoning District T Section 2.10.2(K) Description The request would allow the original variances that were granted on January 9, 2003 to be extended an additional 6 months. The original request was to allow the existing Schrader office building to be demolished and a new office building to be constructed in its place, and to allow a 1950 square foot enclosed truck wash addition to the rear of the existing warehouse/shop building. The Code stipulates that a variance expires 6 months from the date of the granting of the original variance any time a building permit is requried. However, the Code also authorizes the Zoning Board to grant a 6 month extension if it is found that the circumstances of the case warrant such an extension. In this particular instance, the project has been delayed due to the need to resolve outstanding issues. Hardship See petitioner's letter. Staff Comments Per Section 2.10.2(K) of the Land Use Code, the Board may grant a 6 month extension "for good cause shown". Therefore the only thing the Board is considering is whether or not there is a good reason for granting an extension and that a 6 month extension is "reasonable and necessary under the facts and circumstances of the case". The Board is not rehearing the original appeal, which resulted in approval of the proposed construction. According to statements in the applicant's May 29, 2003 letter to the Board, there are 2 circumstances which have delayed the project. First, the owners decided to further explore alternative sites in response to adverse comments from City staff. Second, environmental issues and public improvements ` `� surrounding this site have yet to be resolved. Appeal 2426 Address 800 W MOUNTAIN AVE Petitioner Keira Harkin Zoning District NCL Section 4.6(E)(4) Description The variance would reduce the required street side yard setback along Grant Street from 15' to 5.5' in order to allow a 12.5', one story addition to the back of the existing home. The existing home is already at a 5.5' setback from the Grant Street lot line, and the addition will line up with the existing wall. Hardship The owner originally wanted to build a second floor addition, however to satisfy the Historic Preservation Office it was determined that a one story addition would be allowed instead. To maximize the one-story addition, it is desirable to make it the same width as the house. The house is already nonconforming, and the addtion won't encroach any further into the required setback. The property line is 20' behind the curb, so there is adequate setback from the street. Staff Comments The property line along Grant Street is 20' behind the curb. Therefore, the addition will be 25' from the street. In some previous appeals regarding setbacks on corner lots, the Board has determined that the purpose and intent of the street setback is satisfied whenever the property line is this far behind the street. In fact the Board made that determination regarding a 2002 street side setback variance for the property directly across the street. 5 -0 Other Business ,,.-. lop--