HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 06/10/1999A regular meeting of the Zoning Board of Appeals was held on Thursday, June 10, 1999,
in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue,
Ft. Collins.
BOARD MEMBERS PRESENT:
Martin Breth, Diane Shannon and William Stockover
BOARD MEMBERS ABSENT:
Dan Keating
STAFF MEMBERS PRESENT:
Peter Barnes, Zoning Administrator
Jenny Nuckols, Zoning Inspector
Paul Eckman, Deputy City Attorney
Delynn Coldiron, Staff Support to Board
AGENDA:
1. ROLL CALL:
The meeting was called to order by Chairperson Stockover and roll call taken.
2. The Minutes from the May 13, 1999 meeting were approved.
3. APPEAL 2256: -- Approved
Address: 621 LaPorte Avenue
Petitioner: Edmund Secor and Susan Greene, Owners
Zone: NCM
Section: 4.7(E)(4)
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Background:
The variance would reduce the required side yard setback along the east lot line from 8'
to 5.8' in order to allow a gable roof on the east elevation of a proposed addition. The
top of the gable is 23' high. 18' is the maximum height allowed at the 5' setback.
Every 2' over that requires an additional 1' setback.
Petitioner's Statement of Hardship:
The new addition lines up with the existing house at 5.8' from property line. Proposed
gable is to provide interior clearance over staircase. Gable continues architectural
character of existing home.
Staff Comments:
Jenny Nuckols presented slides relative to this appeal. The slides shown were of the
existing elevations, property lines and the location of the proposed gable addition.
Nuckols mentioned that at the east elevation, the proposed gable would be 23' high
above grade. Slides were viewed looking to the north and Nuckols noted where the
existing portion of the home would be removed and the proposed gable added.
Breth asked about the neighboring property in regards to the setback of that home and
its relation to the applicants home. Nuckols responded that she did not know, but
perhaps the applicant would have that information.
Shannon queried to Peter Barnes if there would be a problem with density after the
proposed modifications.
Barnes said that in that particular zoning district, there is a lot area to floor area ratio
that they would be in compliance with. Barnes also stated that the total floor area when
completed would not pose a problem.
Applicant Participation:
Applicant, Edmund Secor, addressed the Board. He responded to the question posed
by Breth to Nuckols regarding the neighboring property. Secor said the back corner of
the neighbors' house is approximately even with the back corner of the original house
on his property.
Secor explained that he was trying to design his addition architecture to reflect the
same style as on the original house. Secor elaborated that at the time of his design
conception, he was unaware of any height restrictions. He noted that without the
proposed gable, the headroom at the stair landing is barely the required 6'8" and the
new gable would be much more attractive.
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Secor presented a drawing of what the proposed gable would look like. Referring to
the drawings, Shannon asked the applicant about the apparent use of different materials
than what was on the original house. Secor responded that he chose to use siding
instead of stucco as on the original house, citing reasons of expense and that continuing
with the stucco would make the east side of the house one large plane of stucco. He
does intend to use the same shingle detail on the addition as is on the original house.
Stockover asked the applicant for clarification of the headroom problem.
Susan Greene brought forth a model and presented it to the Board. She demonstrated
where the problem of the headroom arises.
Shannon asked Greene if the space on the second floor was useful space. Greene
responded that it was just attic storage area.
Public Participation:
None.
Board Discussion:
Shannon stated that it appears the applicants have done a great deal to improve the
property and the situation of having a narrow lot does exist.
Shannon made a motion to approve Appeal 2256 due to the hardship created by a
narrow lot. Breth seconded the motion.
Vote:
Yeas: Breth, Stockover, Shannon
Nays: None
Appeal 2256 was approved.
3. APPEAL 2257: -- Approved
Address: 3519 Richmond Drive
Petitioner: Shaw Sign & Awning, Sign Contractor
Zone: NC
Section: 3.8.7(E)(4)
Background:
The variance would allow a single -faced 32 sq. ft. sign to be located along West
Horsetooth Road for the new Associates in Family Medicine bulding, instead of along
Richmond Drive as required by the Code. This is in the Neighborhood Sign District
wherein one such sign is permitted per street frontage. Schrader's Country Store at the
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comer of Horsetooth & Shields currently has the allowed ground sign along
Horsetooth.
Petitioner's Statement of Hardship:
Proposed location would provide visibility on Shields, as well as Horsetooth.
Otherwise, sign would be adjacent to residential neighborhood along Richmond. Thi;
PUD has been developed over many years and the allowed signage was used by those
who developed their lots first. That left no ground signage availability to those
currently developing.
Staff Comments:
Barnes stated that this particular PUD, or overall development plan, was developed
over a number of years ago. The Sign Code was amended in 1994. This amendment
restricted these types of developments in the Neighborhood Sign District as to the
number of signs they could have along streets. Prior to that, each spot could have a
sign along a street. As an example; a shopping center that had 10 lots with a building
on each lot, each could have their own freestanding sign regardless of what street they
were on, so there could be 10 signs along one street. That was changed in the
Neighborhood Sign District so the entire development, depending on its size, the
development could have either one or two signs per street. Due to the size of this
particular planned development, the Market at Horsetooth Commons, they would only
get one sign per street. The buildings developed there previously were prior to the code
change. The Petitioner's Statement of Hardship refers to this issue when stating that
the signage was used by those who developed their lots first.
Nuckols provided slides showing the construction site of Associates in Family
Medicine and the streets; Richmond Drive, Horsetooth Road and Shields Street
relative to the construction site. Nuckols noted the approximate location of the
proposed sign. She showed where the sign would have to be located along Richmond
Drive to be in compliance. Nuckols also mentioned that there is a residential
neighborhood to the west and a private school to the north. Slides were viewed of the
current businesses that are utilizing the sign allowances along Horsetooth Road and
Shields Street.
Applicant Participation:
Applicants, Dr. David Jinich and Shaw Sign Company representative, Marie Locke
addressed the board. Locke stated that this new building for Associates in Family
Medicine would be an emergency care center that would need to have visibility from
both Shields and Horsetooth. She said one of the primary concerns of the Associates in
Family Medicine is that if their sign had to be located along Richmond Drive, clients
would not be able to find them if they were approaching from Shields Street. Another
concern is the placement of the sign along Richmond Drive and how that street backs
to a neighborhood area.
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Stockover asked the applicant, Dr. Jinich, who their clientele would consist of.
Jinich responded that as family physicians, they would be providing care for a large,
diverse population in this community ranging from babies to a significant geriatric
population. This will be a convenient care facility, similar to what the hospital has for
after hour care where patients can come in without an appointment. Jinich's concern
was that with the geriatric patients in particular as they may have a harder time driving
and visualizing where they need to go.
Public Participation:
None.
Board Discussion:
Shannon stated that she thought the purpose of a sign was to see it and use it for
directional information. She felt that the proposed sign was well located. Shannon
asked Barnes if there would be a problem with anyone across the street of the proposed
sign. Bames responded that there was only a church and the sign would be directly
across from their parking lot. He mentioned that the neighborhood on the south side of
Horsetooth probably would not be able to see the sign at all. Shannon reasoned that if
someone really needed to find this business, she would think they would want a visible
sign that shows where to go.
Breth made a motion to approve appeal 2257, allowing the sign for Associates in
Family Medicine to be located along Horsetooth Road and that it be conditioned on the
sign that was submitted with their application package.
In regards to the motion, Barnes asked the Board if they might want to consider adding
that this sign would be the only one allowed on Richmond Drive.
Shannon asked Barnes if that would mean that they could not have a sign on the actual
building itself. Barnes replied that they could have one sign per exterior wall, so they
could put signs on the building along any of the four walls where the PUD allowed
signage.
After some clarification by Barnes, Breth amended his motion to include; no other
freestanding signs will be allowed on Richmond Drive as long as this sign remains up.
Shannon seconded the amended motion.
Vote:
Yeas: Breth, Stockover, Shannon
Nays: None
Appeal 2257 was approved.
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4. Other Business:
A. Board Vacancies:
There was a brief discussion regarding Board vacancies. Barnes stated that he
believed the following Tuesday, June 15, 1999 there would be a City Council
meeting that would be filling the vacancies on Boards and Commissions. He
didn't know if all the positions would be filled due to the fact that not all the
applicants may be suitable for this Board. He hoped that this Board may have at
least two new members by the July meeting.
Barnes mentioned that Delynn Coldiron may be absent from the next ZBA
meeting on July 8. Stockover said he will be absent from the August ZBA
meeting.
Meeting adjourned at 9:05 a.m.
William Stockover, Chairperson Peter Barnes, Zoning Administrator