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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 04/10/1997�1 J 0" ZONING BOARD OF APPEALS REGULAR MEETING April 10, 1997 8:30am Council Liaison: Ann Azari II Staff Liaison: Peter Barnes II Chairperson: Martin Breth, Jr. 229-1629(w) 226-5101(h) The regular meeting of the Zoning Board of Appeals was held on Thursday, April 10, 1997 in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Gustafson, Stockover, Lieser, Shannon, Keating, Felner Absent: Breth Staff members present: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Elain Radford, Building & Zoning Admin. Support Wendy Clark, Building & Zoning Secretary The meeting was called to order by Vice Chairperson Lieser. The minutes from the March 1997 meeting were approved. Appeal 2195, 226 N. Loomis Avenue, by Hassler. Fonfara and Maxwell, ettornnys representing Mark and Marjorie Meer, Section 29-167(5) --- The variance would reduce the required side yard setback along the north lot line from 5 ft. to 2.5 ft. in order to allow the owners of the home at 226 N. Loomis to deed 2.5 ft. of their lot on the north side of their house to the owners of the property at 228 N. Loomis. This dedication is necessary in order to increase the south setback of the home at 228 N. Loomis, so as to provide them access to their rear yard. --- Petitioner's statement of hardship: See petitioner's letter --- Staff comments: None l�J 9" ZBA April 10, 1997 Page 2 Zoning Administrator Barnes presented slides illustrating the subject area. The owners of 226 N. Loomis are requesting a reduction in the side yard setback along the north lot line from 5 ft. to 2.5 ft. Currently they are in compliance with the code. However, the action of deeding this property to the neighbor located at 228 N. Loomis Avenue will create a non -conformity. The existing property at 226 N. Loomis is already non -conforming because its setback are only 2 ft. from the shared lot line. By deeding 2.5 ft., this one will end up at a 4.5 ft. setback and still not be totally in compliance, but more in compliance than the property at 228 N. Loomis. These two houses are fairly close together and there isn't really any way for the home owners at 228 N. Loomis to have access to the back of their property. On the north lot line of their property there is only a 2 ft. distance. Even a lawn mower could not make it through there. There is a sidewalk located in between these two houses and sits almost entirely on the property at 226 N. Loomis. By the dedication that's being proposed, the sidewalk will end up on the property at 228 N. Loomis. It is Barnes understanding that the sidewalk was installed by the home owners of 228 N. Loomis. The variance request is for 226 N. Loomis to deed 2.5 ft. of their property to 228 N. Loomis, which would bring this situation to a setback less than what is required. Board questions: Board member Keating asked how long has the sidewalk in between the houses been there. Home owner of 228 N. Loomis stated they have lived in their house over thirty-seven years and the sidewalk was there before they arrived. Brenda Keller, attorney representing the homeowners Mark and Marjorie Meer, stated there are two things to point out. One, if you look at existing setbacks, the property line at 226 N. Loomis currently has only foot to the north of the sidewalk. Therefore, there is little access on that side of the blue house, legal access. Second, the current owners did not place the sidewalk there. That sidewalk has been there over thirty years and was put in by the prior owners of the blue house. Also, the fence that runs between the two properties and to the back yard area, if the variance is granted, there will be property conveyed 3 feet to the north side of the fence. The fence and sidewalk have been in place for more than 30 years. Both homeowners are represented here and they are trying to do things the right way. They are both in a situation where they are dealing with trespass 'issues, adverse possession issues, encroachment issues that can affect refinance and sales. There is going to be no hardship imposed upon the house that is requesting the variance because they have adequate access. That access is 7'/s feet. N" 0" ZBA April 10, 1997 Page 3 Berta Abadaca, resident at 224 N. Loomis, which is south of property at 226 N. Loomis stated they have lived at their address for 36 years. The sidewalk in question has been there all this time. Board Discussion: Barnes stated there could be some issues concerning the building code if the owners of 226 N. Loomis ever wanted to construct new windows and doors on the north side of the house, which now will be within 2 '/I feet of the property line. Building code would generally require that you cannot have any openings in that side of the wall when it is less than 3 feet from the property line. Keating asked if the owners understood Barnes' explanation. Owners confirmed their understanding. Shannon made a motion to approve appeal #2195 since it essentially is an existing situation and there is definitely a hardship. Keating seconded the motion. VOTE: Yeas: Stockover, Shannon, Felner, Lieser, Keating, Gustafson Nays: none 0" 0" ZBA April 10, 1997 Page 4 OTHER BUSINESS: A. Barnes introduced new ZBA administrative support staff, Wendy Clark. B. Barnes gave Board members copies of the adopted version of the new Land Use Code and discussed sections pertinent to ZBA. Eva Lieser, Vice Chairperson c:docfil\zba.apr Alm, e3 M-� Peter Barnes, Zoning Administrator