HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/12/1995ZONING BOARD OF APPEALS
Regular Meeting
October 12, 1995 - 8:30am
Minutes
The regular meeting of the Zoning Board of Appeals was held on Thursday, October
12, 1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was
answered by Elliott, Breth, Gustafson, Lieser, Shannon. Members absent: Huddleson,
Cuthbertson.
The meeting was called to order by Chairman Breth.
Council Liaison
Staff Liaison:
Staff Support Present:
Ann Azari
Peter Barnes
Peter Barnes
Ann Chantler
Paul Eckman
The minutes from the September meeting were approved.
Appeal 2145 1524 West Oak Street by David Neff and Claire Carren owners
approved. Section 29-119(5).
----- The variance would reduce the required side yard setback from the west
lot line from 5 feet to 1 foot 4 inches in order to allow a one-story addition
to be constructed on the front of the house. The addition would extend 9 feet
on the front, and add 162 square feet of floor area to the living room.
----- Petitioner's statement of hardship: The original west wall of the home was
constructed only 1'4" from the lot line. Structurally and architecturally, the best
way to add on is along the existing wall. The lot is an older lot in the old part
of town. The home is located towards the rear of the lot, and the house on the
adjacent lot is towards the front. Therefore, the addition will not be near any
other existing structure.
----- Staff comments: None
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Zoning Board of Appeals
October 12, 1995
Page 2
Zoning Administrator Peter Barnes said this house was located across from City Park in
the older part of town. He said the original house was built with only 400 square feet
and in 1982 a variance was granted for an addition to the back of the house. He added
the house sets near the rear of the lot and is somewhat unusual.
David Neff, owner appeared before the Board. He said he wanted to add on to the
house and put in a bay window to match the other one on the other side of the house.
He added the structure needs repair.
Rob Skaflen, 1528 West Oak Street appeared before the Board in opposition of this
appeal. He said he opposed this appeal because the Neffs operate a business out of
their home and he didn't want them to expand their home to expand their business. He
said he has had kayaks dragged through his yard, people drop off video tapes at his
house and people knock on his door looking for the business. He added there was a
sign in the front yard with the hours the business was open and flood lights around the
house. He said the garage is full of kayaks and equipment for the business. He added
he would have no problem with this appeal if Poudre River Kayak would move into a
commercial location and out of the house at 1524 W Oak.
Mr. Skaflen said he called the Zoning Office to inquire if the Neffs had a home
occupation license. He was informed they did not.
Peter Barnes said the Neffs did have a home occupation license dated 1987 and since
then the ordinance had changed to be renewed every two years. Barnes said he was
not aware of storage in the garage for business use, that is against home occupation
ordinance, but would investigate the situation. ( The Zoning Office cited Mr. Neff before
the meeting for violating the home occupation ordinance because retail sales were
being conducted from the premises.) Board member Gustafson asked if the issue if
illegal home occupation activity had anything to do with the hardship and the specific
variance request, or were they two different issues.
City Attorney Paul Eckman said these were two separate issues and the Board should
look at the letter of the law and just the appeal for hardship.
Board member Gustafson said he saw this as two issues. The house is on a narrow lot
and the existing house was built at a 1'4" setback. Board member Leiser agreed.
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Zoning Board of Appeals
October 12, 1995
Page 3
Board member Gustafson moved to approve Appeal 2145 for the hardship stated.
Board member Shannon seconded the motion. Yeas: Elliott, Breth, Gustafson, Lieser,
Shannon. The motion passed.
The meeting was adjourned.
Martin Breth, Board Chairman
Peter Barnes, Zoning Admin.