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HomeMy WebLinkAbout08/14/2003 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday,August 14,2003 Roll Call Approval of the Minutes from the February 13, 2003 Meeting Appeal: 2429 4001 S College Ave The variance would allow two ground/freestanding signs along South College Avenue instead of the one that is allowed by the sign code. Specifically, the variance is requested in order to permit both a preview menu board (ground sign)and regular menu board (freestanding sign). This appeal was originally heard at the July 10, 2003 ZBA meeting, but was tabled to the August 14, 2003 meeting in order to allow the applicant opportunity to consider revisions to the original variance request. The original request was to allow 3 signs along College Avenue, and to increase the amount of signage allowed along College from 155 square feet to 331 square feet. Harmon Management, owner of the KFC franchise, has agreed to remove the large ground sign on College replacing it with a ground sign in compliance with the code and positioning it on Boardwalk Dr. The owner wishes to keep both the menu board and preview board on S. College thus requesting 2 ground or monument signs on the east or S. College side. The sign code only permits one. With the elimination of the large ground sign from the S College allowance there will be no need to request add'I sign allowance as a part of this variance. The applicant has also agreed to provide additional landscaping screening for the two ground signs (menu and preview board)on S. College. Code Sections: 3.8.7 (G)(6), 3.8.7(D)(5)(C) Petitioner: Westec Construction ZoningDistrict Commercial Appeal: 2431 661 Parliament Ct This item was originally scheduled to be heard by the Zoning Board on July 10, 2003, but was tabled until August 14, 2003. The variance would reduce the required rear yard setback from 15 feet to 11 feet in order to allow a 20' x 14'deck on the rear of the home. The deck is existing and was constructed at the time the house was built. Code Sections: 4.3(D)(2)((C) Petitioner: Terry Colbert ZoningDistrict RL Appeal. 2436 1503 Woodrose Ct. Property is located in the Residential Low Density(R-L)zone which requires a minimum rear setback of 15'. Applicant requests a reduction of the rear setback to 6'to accommodate a pergola to provide shade from the afternoon sun. Code Sections: 4.3 (D)(20) (c) Petitioner: same ZoningDistrict RL fy Appeal• 2437 605 W LAKE ST The petitioner is proposing a 594 square foot, one story addition to the back of the existing house. Since the addition exceeds 25%of the existing floor area,the code requires that the addition be a minimum of 1.5 stories in height. A variance is requested in order to allow the proposed addition to be only 1 story in height in order to match the existing house. Code Sections: 4.24 (D)(2)(a) Petitioner: same ZoningDistrict HMN Other Business. 1 ' Zoning Board of Appeals Agenda Regular Meeting Thursday, August 14, 2003 Appeal 2429 Address 4001 S College Ave Petitioner Westec Construction Zoning District Commercial Section 3.8.7 (G)(6), 3.8.7(D)(5)(C) Description The variance would allow two ground/freestanding signs along South College Avenue instead of the one that is allowed by the sign code. Specifically, the variance is requested in order to permit both a preview menu board (ground sign) and regular menu board (freestanding sign). This appeal was originally heard at the July 10, 2003 ZBA meeting, but was tabled to the August 14, 2003 meeting in order to allow the applicant opportunity to consider revisions to the original variance request. The original request was to allow three signs along College Avenue, and to increase the amount of signage allowed along College from 155 square feet to 331 square feet. Harmon Management, owner of the KFC franchise, has agreed to remove the large ground sign on College replacing it with a ground sign in compliance with the code and positioning it on Boardwalk Drive. The owner wishes to keep both the menu board and preview board on South College Avenue thus requesting two ground or monument signs on the east or South College side. The sign code only permits one. With the elimination of the large ground sign from the South College allowance there will be no need to request additional sign allowance as a part of this variance. The applicant has also agreed to provide additional landscaping screening for the two ground signs (menu and preview board) on South College Avenue. Hardship The building recently underwent remodeling with the drive-up windows remaining at the same south wall location. The relocation of drive lanes and drive-up window to the north side of the building where a menu board could have been installed without any variance (as it would have been considered a freestanding sign taking allowance off Boardwalk)would have been prohibitive as it would have made a substantial change to the site plan thus affecting existing parking, drive through lanes, sidewalks, etc. Applicants prefer to also have the smaller preview board approved as the second South College Avenue ground/freestanding sign in order to help expedite the ordering process thus reducing traffic/cue spacing problems which may occur. Staff Comments The applicant's revised proposal is significantly different from the original application. It appears that the applicant has submitted a plan that addresses the concerns that Boardmembers raised at the July 10, 2003 w/(_o r,,,Q na e meeting. If this variance is approved, the end result should be better then ✓10 �� 5•y 9 the sign situation that existed before the building remodel occurred. Staff comments from the original July 10th submittal appear below. The intent of the standard that is requested to be varied is to reduce the n ` w Appeal 2429 ` sign clutter along streets, thereby preserving and enhancing the streetscape. It may be difficult to find that 3 signs in close proximity promotes the standard equally well or better than. Therefore, the Board may have to find some hardship. The large KFCIA&W monument sign is a nonconforming sign that needs to be brought into compliance in 2009. The Board may determine that in order to mitigate the presence of 3 signs along College Avenue, a condition to bring the large sign into compliance now might be appropriate. Additionally, the new preview board could possibly be turned at an angle in order to reduce the amount of sign face that is visible from College Avenue. 'Z13 0+ Appeal 2431 _0 3 Address 661 Parliament Ct Petitioner Terry Colbert Zoning District RL Section 4.3(©)(2)((C) Description This item was originally scheduled to be heard by the Zoning Board on July 10, 2003, but was tabled until August 14, 2003. The variance would reduce the required rear- yard setback from 15 feet to 11 feet in order to allow a 20' x 14' deck on the rear of the home. The deck is existing and was constructed at the time the house was built. Hardship The home has a walk-out basement and the deck was constructed off the kitchen when the home was built. There is an open space, natural area behind the home, so the intent of the rear setback standard is met. Staff Comments The purpose of the rear setback standard is to ensure separation between buildings and structures in order to provide for privacy, light, air circulation, etc. There are no developable lots behind this property. The Board has heard similar rear setback requests previously and has determined that the purpose of the standard is promoted equally well. G ")l" 5_0 Appeal 2436 Address 1503 Woodrose Ct. Petitioner Nancy Eckardt & Simon Tavener Zoning District RL Section 4.3 (D)(20) ( c) Description Property is located in the Residential Low Density (R-L) zone which requires a minimum rear setback of 15 feet. The Applicant requests a reduction of the rear setback to 6 feet to accommodate a pergola (covered patio) to provide shade from the afternoon sun. Hardship Currently the house is setback from the rear property line approximately 17 feet. This provides little room for any addition such as the pergola to the rear. See petitioner's letter for additional information. Staff Comments The Board has previously used the "equal to or better than" standard to grant rear setback variances for decks and patio covers that back up to open spaces. This property does not back up to an open space, but rather to another lot. The petitioners' statements contained in their letter appear to be statements of hardship rather than statements that support "equal to or better than". 0 Appeal 2437 Address 605 W LAKE ST Petitioner James Swanstrom Zoning District HMN Section 4.24 (D)(2)(a) Description The petitioner is proposing a 594 square foot, one-story addition to the back of the existing house. Since the addition exceeds 25% of the existing floor area, the code requires that the addition be a minimum of 1.5 stories in height. A variance is requested in order to allow the proposed addition to be only one-story in height in order to match the existing house. Hardship The home is an existing single-story ranch structure constructed during the 1960's. Petitioner seeks to keep the addition the same height as the existing. A 1.5 or more storied addition and roof would not fit in character with the home. Other homes in the neighborhood are also single story structures. ,Staff Comments The code does not state what the specific purpose is for requiring a minimum 1.5 story building height. However, the purpose statement of the HMN zoning district (Section 4.24(A)) states that the "...district is intended to be a setting for higher density multifamily housing and group quarter residential uses.... Multistory buildings (greater than one story and up to five stories) are enouraged in order to promote efficient utilization of the land and the use of alternative modes of travel." Staff believes it is reasonable to J -p conclude that this purpose statement applies to new high density development or redevelopment, and not to existing single family homes. The Board may be able to determnine that a one-story addition to an existing one-story single family home "promotes efficient utilization of the land and the use of alternative modes of travel" equally well as would a 1.5 story addition. i" Other Business