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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 05/11/1995ZONING BOARD OF APPEALS May 11, 1995 Regular Meeting - 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, May 11, 1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Gustafson, Breth, Huddleson, Cuthbertson, Shannon, Perica. Members absent: none. The meeting was called to order by chairman Huddleson. Council Liaison: Staff Liaison: Staff Support Present: Ann Azari Peter Barnes Peter Barnes Wendy Clark Paul Eckman The minutes from the April meeting were approved. Appeal 2132, 519 Peterson by Kay Easthouse, partially approved. Section 29-167(4) and 29-167(5). ----- The variance would reduce the required rear yard set back from 15 feet to 0 feet, and reduce the required side yard setback along the north lot line from 5 feet to 0 feet for a new 22' X 22' detached garage, which will be built in place of the existing garage which is already at a 0 setback. ----- Petitioner's statement of hardship: The existing garage is unsafe and needs to be replaced. It is already at a zero setback. The petitioner would like to construct the new garage at the same setbacks, but make the building larger than the existing structure. Complying with the required setbacks would put the garage 6 inches from the rear of the house. Zoning Board of Appeals May 11, 1995 Page 2 Staff comments: The petitioner applied for a similar variance on January 13, 1994. The Board granted the rear setback, but denied the side yard request. (see copy of minutes included in packet.) The variance expired prior to the applicant obtaining a building permit, therefore it is necessary for the Board to rehear the appeal. The applicant has also decided to ask for the side setback variance once again at this time. One letter was received in favor of this appeal for the side yard setback, but wanting a 1' rear setback instead of the 0' setback requested. Zoning Administrator Peter Barnes stated this property is located next to Fire Department's station #1. He stated this is an unsafe building, no floor no footings and the roof is sagging. Mr. Barnes stated other lots in the area, running North and South on both sides of the alley are 50' X 1901. He added there are approximately three or four lots on Peterson and they vary in size. The petitioner's lot is 55' wide, 100' deep. Kay Easthouse, applicant, appeared before the Board. She stated a 5' setback causes problems, it does not provide adequate parking next to the alley. She said there is a lot of traffic from the fire department. She added she has been studying the neighborhood design standards and one recommended characteristics is maintaining conformity of the setback on the alley. Board member Shannon asked Ms. Easthouse with a 0' rear setback how would the back be maintained. Ms. Easthouse stated there is still 2 feet and there would be no problem with maintenance. Kate Mahlers, appeared before this Board in support of this appeal. She said the 5' setback along the alley is a nuisance, people put trash there, people park there and 5' setback is a "no -man" land. There is no maintenance and no landscaping of that 51. No one was present in opposition of this appeal. Board member Gustafson asked if this kind of situation was addressed in the Eastside/Westside Design. Paul Eckman stated the Eastside/Westside standards have not been adopted. Zoning Board of Appeals May 11, 1995 Page 3 Board member Breth asked Ms. Easthouse if she planned to enter the garage off the alley. Ms. Easthouse indicated she did. Board member Perica asked Mr. Barnes if there were any issues of preservation with the historical district and this appeal? Mr. Barnes said with working with the Planning Department that did not appear to be an issue. Board chairman Huddleson stated he could consider a hardship on the side setback as the width is 50' and most are 60'and the rear because the lot is shallow, 100' vs 1901. He added some of the hardship was self-imposed. Board member Breth stated he was opposed to setting buildings on property lines. He suggested a 1 foot setback on the rear and a 5' setback on the side. Board member Gustafson had a problem justifying the 5' sideyard setback. The lot is wider than most lots in that area, but the depth of the lot is less. He would approve the rear setback at 0' but not the side. Board member Cuthbertson said he was not in favor of 01, 0' setback and a I setback would be reasonable for the rear setback. He added some of the hardships were self-imposed. Board member Shannon said she was opposed to a 01, 0' setback and some of these hardships were self-imposed. Board member Gustafson moved to approve Appeal 2132 for a i' setback on the rear yard and a 5' setback on the side yard for the hardship stated. Board member Breth seconded the motion. Yeas: Gustafson, Breth, Shannon. Nayes: Huddleson, Perica, Cuthbertson. The motion failed. Board member Cuthbertson moved I setback in the rear and a I setback for the hardship stated other than the view. Board member Perica seconded the motion. Yeas: Huddleson, Perica. Nayes: Gustafson, Shannon, Breth, Cuthbertson. The motion failed. Ms. Easthouse stated her neighbor does repair work out of his garage and has people parking in the back. She stated there is a lot of congestion in the back by the alley. She said there is a difference in garages and character from old town area and new neighborhoods. Zoning Board of Appeals May 11,1995 Page 4 Mr. Barnes stated the code requires a 20' wide backup behind the garage when there is no parking directly across from it. In this case there isn't, he added the way the fire department parking is lined out they don't have a garage or parking laid out right behind the garage. Ms. Easthouse stated there is plenty of room to get into and out of the garage. Board member Breth stated he was concerned allowing 0 setbacks and this sets up for future ramifications. Board member Gustafson stated he could not find a hardship to grant this appeal. Board member Gustafson moved to approve Appeal 2132 for a 1 foot rear setback and a 5 foot side setback for the hardship stated. Board member Breth seconded the motion. Yeas: Gustafson, Breth, Huddleson, Cuthbertson, Shannon, Perica. Nayes: none. The motion passed. It was clarified that the motion really granted a rear variance to 11, but denied the side yard setback. _Appeal 2133, 2705 Southwest Frontage Rd, by Rick Zier, approved. Section 31-23-301(1). ----- Applicant is requesting to be exempted from the zoning regulations of the City of Fort Collins, pursuant to section 31-23-301(1) C.R.S. (Colorado Revised Statues). Petitioner's statement of hardship: See petitioner's letter. Staff Comments: None Zoning Administrator Peter Barnes stated the property is located west of I-25 and between Prospect and Drake. The sanitation district pond will remain partly outside the city limits and partly in the city limits. There are already three ponds there and the fourth would be in character with the other three. Attorney Paul Eckman reviewed the law pertaining to this case. He stated this appeal pertains to the entire zoning code. Zoning Board of Appeals May 11,1995 Page 5 Rick Zier, attorney for Boxelder, appeared before the Board. He stated there would be no additional traffic or no additional buildings constructed. He stated this was a matter of public health. He made a lengthy presentation to the Board. He added, this expansion is mandated by the E.P.A. Dean Smith, Boxelder Sanitation District Manager, appeared before the Board. He stated this request was to streamline the process and added all standard regulations would be maintained. Board member Cuthbertson asked if there is a part of the zoning code that applies. Mr. Barnes explained that the proposed use is in compliance with the code. It is a permitted use. The only thing the exemption would do would ne to eliminate the lengthy and expensive RC Site Plan Review that is required by code. Board member Perica moved to approve Appeal 2133 based on the applicant successfully proving that the plant expansion is reasonably necessary and meets all other requirements of the State statute. Board member Gustafson seconded the motion. Yeas: Gustafson, Breth, Huddleson, Cuthbertson, Shannon, Perica. Nayes: None. The motion passed. The meeting was adjourned. / � J Chuck Huddleson, Huddleson, Chairman Peter Barnes, Zoning Admin