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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/21/1985ZONING BOARD OF APPEALS October 21, 1985 Special Meeting - 3:00 p.m. Minutes A special meeting of the Zoning Board of Appeals was held on Monday, October 21, 1985 at 3:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Leis, Walker and Thede. Boardmembers absent: Dodder, Lieser, Johnson. Boardmember Lawton came to the meeting late. Was not present for roll call. The minutes of the October 10 meeting were not prepared for approval. Appeal #1671. Section 118-44(C) by David Farr for Beta Theta Pi, 321 S. Sherwood - Denied "---The variance would reduce the minimum lot width from 100 feet to 50 feet and the minimum side yard setback from 7 feet to 0 feet for a fraternity house in the RH zone. ---Hardship pleaded: This is an existing house on a lot in the old part of town and there is no additional land available to buy. The fraternity will be occupied by seven people. All parking requirements will be met. The house meets the setbacks but the deck is already right on the property line. ---New Evidence: Limit number of occupants to eight, conduct all large meetings at CSU or other facilities, only small committee meetings consisting of 5-10 people would be held on the premises. ---Staff recommendation: None. Fraternity members father, who is one of the potential buyers of the property, is an employee of the Community Development Department." No notices were returned. Six letters were received. Zoning Administrator Peter Barnes explained the history of this variance request. They first applied for a variance at the September 12 meeting. The variance was denied with a vote of 2-1. At the October 10 meeting the fraternity asked the Board to rehear the variance at a special meeting because of new evidence they had to provide. The meeting today was called to hear the new evidence. All notice requirements have been satisfied. David Farr, President of Beta Theta Pi, told the Board that the fraternity had established a good rapport with the neighbors. They have invited neighbors to dinner and have discussed the parking situation with Carlyle Tippetts and he is now agreeable to their variance. University Cleaners has given permission for the members of the fraternity to park on their property after business hours. No written agreement was made, only verbal. The property is for sale and the new owner may not want the arrangement. r � � ZBA Minutes Page 2 Roy Allen appeared before the Board. Mr. Allen's son is a member of the fraternity. He felt the boys were given bad advise from fraternity advisers. A lease was signed for a different location before it was noted that a change of occupancy was needed. Mr. Allen feels that the parking problems at this location can be solved. All parking will be off street. There will only be a fraternity occupying this residence for four or five years. Mr. Allen is concerned about finalizing the deal so that smoke detectors can be put in and the cellar entrance needs repair. They have made room for three additional parking spaces. Boardmember Walker asked if the property was leased. Mr. Allen said yes, if approved today, a corporation will be set up to buy the property and fix it up. Three families will be involved in the purchase. Recalling one of the letters that had been read at the beginning of the meeting, Boardmember Thede asked the last date when the police had been called to property for disturbances. David Farr said that the police had only come to the house one time, September 11, 1985, to inform them that the music was too loud. It was during "rush week" and the fraternity was given a warning. Ruth Rumley spoke against the variance. She is a member of the Core Area Neighborhood at 127 N. College Ave. and was against the variance for four different reasons. 1) The lot requirement has not been met. 2) Group living is bad for residential neighborhood. 3) No hardship has been shown. 4) There would be no way of regulating the number of occupants or their behavior. Mary Knox, 516 W. Magnolia, spoke against the variance. She stated that they had asked the fraternity to quiet down twice and each time they have complied, but she is tired of asking. Girls come to the house at late hours asking where the fraternity is located. She feels the alley should not have excess traffic because of the children in the neighborhood who play in it. Mrs. Knox felt that four parking spaces are not enough for this use. She was further concerned with the fact that once this house is transformed into a multi -family house, it will probably stay that way forever. She felt that the fraternity may come and go but the effect could be with the neighborhood forever. David Farr said that the garage will hold one car. They will be able to provide four spaces in the back of the house. If the variance is granted they will put up some kind of a sign to identify the property so the neighbors won't be bothered. Boardmember Thede felt that the fraternity is young and growing. She asked how they would answer new members who wanted to join. Farr answered that they would accept any new applicants. The house is only so that a central location is available. Only eight people will live in the ZBA Minutes Page 3 house no matter how much the membership grows. Mr. Farr said that they had looked at many different locations before deciding on South Sherwood. Boardmember Walker asked how many new members they expected. Mr. Farr stated that there are now eight regular members, seven pledges, and if lucky they may get eight more by next spring. The question that seemed to concern everyone was, how do you control this situation. How do you know that large functions are being held elsewhere, that there are no parties and that no more than eight people are living in the house. Mr. Farr said that most of the people living at the house are not there until 4:30 p.m. or after. He said that they were aware that approval was needed before they decided on this location. Answering Boardmember Leis' question, Mr. Farr stated that most of the neighborhood is made up of 30% rental units, 70% owner occupied, two or three businesses. Pat Maroney, Vice -President of Beta Theta Pi, lives at 149 Hillcrest. He said that in 1986 CSU has established an alcohol policy for "rush week". There will be no alcohol allowed. Mr. Maroney said that party is defined at the fraternity as a group meeting to watch VCR. Any "alcohol" parties will be held elsewhere. Boardmember Leis asked how any conditions put on this variance would be passed along to future presidents and members. Mr. Farr said that there are meetings held every Monday nite and minutes are put in writing. Boardmember Lawton asked if the fraternity had any plans on improvements to the neighborhood. Mr. Farr said that a group had raked leaves in the neighborhood. They had worked toward raising money for diabetes. Blood donations has been a group project. Boardmember Lawton asked if there could be front access to the rear parking. Zoning Administrator Peter Barnes confirmed that the code would allow it. Mr. Allen said yes, it could be accessible through the front. Boardmember Leis asked if it was correct to have motorcycles parking up by the front porch. Mr. Allen said they intended to make motorcycle parking along the south side of the house. Boardmember Walker asked Mrs. Knox the character of the neighborhood. She reiterated that 30% were rentals, 70% owner occupied, lots of elderly, some young families, a student, a teacher, two concrete finishers, a dry cleaner, Guardian Security, Lincoln Community Center, insurance business, one house that is owner occupied and two rooms are also rented, two salesmen. She summarized it as a working class neighborhood. r • • ZBA Minutes Page 4 Boardmember Thede said she remembers the best times in college are those not planned. She feels the fraternity needs more freedom. The alley will be dangerous with more traffic added to the situation and neighborhood children playing there. Boardmember Leis had a problem with the intensity of use. He also felt enforcement would be a problem. Boardmember Lawton said that in college, belonging to a fraternity, everything is referred to as "the house". He felt that a certain attachment is there which would make it difficult not to have get togethers or meetings. Boardmember Walker felt that it would effect the permanent use of the neighborhood. A large social cost would be put on the neighborhood. Boardmember Thede made a motion to deny the variance. The motion was seconded by Boardmember Leis. Yeas: Leis, Walker, Thede. Nays: None. Respectfully submitted, Lloyd Walker, Acting Chairman Peter Barnes, Staff Support • lb1)/ To whom it may concern: We/I reside at Street, which is approximately - houses/blocks from 321 S. Sherwood. We feel comfortable and do not object to the prospec- tive fraternity house zoning variance being granted at this location at this time. Note: This will be collected on Thursday, October 17. Any additional comments: 301 S. Sherwood Fort Collins, CO October 18, 1985 To Whom It May Concern: This is a note requesting that the fraternity at 321 S. Sherwood be granted their zoning variance. Being aware of some of their problems in obtaining this variance I have carefully considered how I feel about the issue. The fraternity did have some loud parties at the beginning of the semester. However, after visiting with the members several weeks ago, I was impressed with their maturity and the organization of their house. I have no doubt that if there were problems in the future that these young men would be approachable and willing to remedy the situation. Likewise, since Fort Collins is a college town, I believe that I am going to have to show as much consideration and flexibility as possible when dealing with the university environment.. The sincerity of the fraternity brothers at 321 S. Sherwood to address problems that may arise is indicative of the kind of neighbors they will be. Unfortunately, that is not always the case with tenants of large rental units in this town. I would be happy to answer any questions regarding my feelings about this zoning request. I can usually be reached in the morning at 221-2849. Sincerely, Liam F. Rooney To whom it may concern: We/I reside attreet, which is approximately -ouse lbl�dcs from 321 S. Sherwood. !4e feel comfortable and do not object to the prospec- tive fraternity house zoning variance being granted at this location at�this `time. Signed��� r Note: This will be collected on Thursday, October 17. Any additional comments: 0 & 2 / October 21, 1985 Zoning Board of Appeals 300 W. LaPorte Ave Ft. Collins, CO. Re: Variance of code for 321 S. Sherwood St Dear Board Members, On September loth, my husband and I wrote a letter asking you to reject the variance for 321 S. Sherwood. We would still like to see the rejection upheld for all the same reasons. We also do not feel that these lots are suited for a fraternity, if they were they would not need to make such a radical change in the size . We believe that they should be located closer to campus, in an area more suitable for their needs. What is the point of having a fraternity that can have only 8 members living together and has to take their functions and meetings elsewhere. In a more suitable location this would not have to happen. Please reject the variance. Sincerly, Jean and Jay Gerdes 0 0 /6 —le 1 10 -X"71- W�e- -,4" 71/ 7 k4�� • RECEIVED OCT ;�A Office of Student Relations Services Greek Affairs - Lory Student Center October 11, 1985 Peter Barnes Zoning Administration City of Fort Collins 300 Laporte St. Fort Collins, CO 80521 Dear Mr. Barnes: Colorado State University Fort Collins. Colorado 80523 I am writing on behalf of the Beta Theta Pi Fraternity colony in relation to their grant for appeal of a zoning variance for the property at 321 S. Sherwood. It is my understanding that one of the reasons that the original request the variance was denied was due to the presence of a porta-a-john in the backyard of 321 S. Sherwood during the Beta rush parties. By the Beta's testimony, it was made evident that the porta-a-john never was used. Finding that they had no need of it, the Betas contacted the company to have the porta-a-john removed from the premises, but, by the date of the original hearing, the company had not responded. The Betas had the porta-a-john on the property as the direct result of a Univers- ity Policy document entitled "Behavioral Expectations for Sororities and Fraternitie at Colorado State University" (copy enclosed). As you can see, this document provided in Section 6.H., that the rental of porta-a-johns is required for all use of chapter property and neighboring property as outhouses. The Betas, being new to the property at 321 S. Sherwood, had no prior experience by which to judge the adequacy of the facilities in the house. Therefore, in order to be in com- pliance with the University Policy and to protect neighborhood property, they arranged for the porta-a-john. Subsequent experience indicated that this arrangemel was not necessary. I feel that the Betas, as a group, have tried to be good neighbors and will continue to work with the neighbors to have a amicable relationship. I hope that this additional information will allow for reconsideration of their request. Sincerely, j// I � , Sonia M. ImMasche Greek Affairs Coordinator encl. /no BEHAVIORAL •ECTATIONS FOR SORORITIES AND F•ERNITIES AT COLORADO STATE UNIVERSITY Sororities and Fraternities at Colorado State University are expected to have their members conduct themselves as mature and responsible members of the Fort Collins community and the neighborhoods in which the chapter houses are located. In order to insure that everyone has a clear idea of the expectations of good neighborhood relations/conduct, and to insure that fraternity and sorority chapters become/remain good neighbors, it is the expectation of Colorado State University that chapters will comply with the following: 1. Neighbors are not to be subjected to excessive noise at any time. Chapters should see that members, roomers, or guests reduce all noise in general (ie: firecrackers, loud yelling or talking after 9:00 p.m., revving engines of motor vehicles, etc.). Stereo/radio speakers are not to be pointed out of chapter house windows and left unattended. (It is acceptable to use these devices, if an activity is occurring in the chapter house yard and if the sound level does not disturb the neighbors.) Chapter houses bordering on other housing units should endeavor to see that windows are closed if amplified sound within the chapter house would be disturbing to neighbors. 2. Chapter members/officers will be responsible for seeing that the grounds of the chapter house are kept neat in appearance. Chapter house trash should not be allowed to blow into neighboring yards, streets, or alleyways. 3. In older neighborhoods, where parking is a problem, chapter members are expected to be sensitive to the needs of the neighbors and to park vehicles to allow for maximum use of parking spaces by all concerned. 4. It is inappropriate for chapter members and their guests to trespass on the property of neighbors. Chapter Officers need to see that all members, roomers, and guests confine their activities to the chapter house property. 5. Chapters owning pets need to confine all animals to chapter -owned property and to comply with applicable state and local ordinances. 5. 'When social functions (Rush functions of all types, fraternity/sorority parties, etc.) occur, the following points must be followed: A. Neiahbors must be notified of the party AT LEAST 72 hours in advance of the event. This notification is to be in writing and must include: the date of the event; starting, and ending times; Chapter Officers/members "on duty" to be contacted in case of emergency or if the party should be disrupting the neighborhood; alums "on call" to be contacted in case of emergency. B. Alum Advisors and the Office of Greek Affairs must be notified of the party AT LEAST five days in advance. This notification, in writing, is to include: the date of the event; starting and ending times; sponsoring chapters (i.e. who all is to be in attendance); anticipated number in attendance; list of chapter officers/members "on duty" to be contacted in case of emergency or if the party should be disrupting the neighborhood. C. Any beer served must be 3.2 and such service must comply with state law and local ordinance. D. Adequate alternative beverages and snacks must be served. (Snacks may be waived if beer is served with a meal.) E. No more than two kegs may be tapped at any one time. Chapters sponsoring 4. If a problem occurs during a party, neighbors are rOuested to first attempt to contact the chapter members "on duty", and then the Alum "o If these contacts are unsuccessful, Fort Collins P.D. is to be called. the first working day after this contact, complainants are requested t contact the Office of Greek Affairs, to advise them of the problem and action taken. 70. Possible repercussions for not adhering to these expectations include: A. Legal action including ticketing and arrests. B. University discipline action. C. Loss of intramural participation, curtailment or elimination of social functions and notification of National. D. Loss of charter. call" On the