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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 04/13/1995ZONING BOARD OF APPEALS April 13, 1995 Regular Meeting 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, April 13, 1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by: Cuthbertson, Shannon, Huddleson, Gustafson, Breth. Board members absent: Perica. The meeting was called to order by Chairman Huddleson. Council Liaison: Staff Liaison: Staff Support Present: Ann Azari Peter Barnes Peter Barnes Ann Chantler Paul Eckman The minutes from the March meeting were approved. Anneal 2130. 2701 West Lake Street by Keith and Deanna Forney, approved. Section 29-133(5). The variance would reduce the required street side setback along Lake Street from 15 feet to 6 feet in order to allow a 12 foot addition to the front of the existing garage to be converted to a family room and bedroom. Petitioner's statement of hardship: The owner believes that the proposed location for the addition is the only feasible location. The property line is 15 feet behind the sidewalk, which is quite unusual for newer sub- divisions. This will result in the closest point of the addition being 23 feet behind the sidewalk. This is about the same distance that would result in other newer subdivisions if the addition met the 15 foot required setback. So, the intent of the code to ensure adequate distance from the street is being met. 1 Zoning Board of Appeals April 12,1995 Page 2 Staff comments: The location of the property line in relation to the sidewalk is similar to situations that are found in the older part of town. It is very un- usual to find such a situation in newer subdivisions. This did not happen by design, but rather by some error in constructing the street or in locating the house wrong on the lot during its initial construction. Zoning Administrator Peter Barnes stated this house was on the corner lot of Lake and Wildwood Ct. Mr. Barnes presented slides to the Board showing houses in the neighborhood as well as the house for which the appeal is being requested. Mr. Barnes stated that the City survey crew surveyed the lot and street to determine what happened when the street was put in. It appears the street was put in the wrong place which causes the house at 2701 W Lake to be positioned further back from the sidewalk. Keith Forney, owner, appeared before the Board. He stated he had a 2 and 6 year old and wanted to add to their present home. He stated he was surprised when he approached the City for clarification on property lines. Board chairman Huddleson asked Mr. Forney if he had considered putting the addition on the west side of the house. Mr. Forney stated he had, but then the yard would be lost. There is a ditch that runs along the side of the house and he wanted to maintain some safe play space for his children. Board member Breth asked if, with the addition, would there still be enough room to park his vehicle without encoarching on the sidewalk. Both Mr. Barnes and Mr. Forney stated there would be. No one was present in favor or in opposition of this appeal. Board chairman Huddleson stated the street was put in the wrong place and had the street been put in the right place Mr. Forney would not be here requesting a variance. Board member Shannon stated even if a house is on the corner, most people expect some yard space. Board member Gustafson moved to approve Appeal 2130 for the hardship stated, the configuration of the lot. Board member Breth seconded the motion. Yeas: Cuthbertson, Shannon, Huddleson, Gustafson, Breth. Nayes: None. The motion passed. Zoning Board of Appeals April 12, 1995 Page 3 Apneal 2131, 229 Wood Street by David and Elizabeth Mogen, approved. Section 29-167(5). ----- The variance would reduce the required street side setback along Maple Street from 15 feet to 2 feet in order to allow the construction of a detached, two -car garage.. ----- Petitioners statement of hardship: See petitioner's letter. ----- Staff comment: None Zoning Administrator Peter Barnes stated this property was located on the corner of Wood and Maple Streets. He pointed out the existing detached building used to be a locksmith building. The proposed garage would be on the rear of the property by the alley. A concern of the appellant was the utility pole and the greenery, Virginia Creeper, along the alley. Elizabeth Mogen, owner, appeared before the Board. She stated they looked at many ways to put the garage on the lot and save the back yard, the 50 year old Virginia Creeper vine and avoid the utility pole. She stated a big concern for them was to maintain the south side so they, could garden. She added she had practiced with a car turning around to make sure the turn would work with a garage there. Ms. Mogen said she contacted a person at the City to see if the pole could be moved. She was quoted a price of about $1009.00 to do the work. Ms. Morgen submitted pictures of the Virginia Creeper in full bloom. David Mogen, owner, appeared before the Boardin support of what his wife had stated. He added they had talked to the neighbors and they all approved of this appeal. He stated Liz was a landscaper and had plans to develop the yard and wanted to save as much of the back yard as possible. No one was present in opposition or approval of this appeal. Board member Gustafson stated the lot was 50' and the narrowness presented some sort of hardship. He had no problem with the location of the proposed building. • 0 Zoning Board of Appeals April 13, 1995 Page 4 Board chairman Huddleson stated the appellants gave a lot of thought to the design and position of the proposed garage. The narrowness of the lot could be a hardship and the Board had set a precedent on 50' lots. Board member Gustafson moved to approve Appeal 2131 for the hardship of the narrowness of the lot. Board member Shannon seconded the motion. Yeas: Cuthbertson, Shannon, Huddleson, Gustafson, Breth. Nayes: None. The motion passed. Other Business: Paul Eckman, City Attorney, briefed the Board on zoning laws and regulations that will be presented to the Board in the next month's meeting. The meeting was adjourned. Chuck Huddleson, Chairman a2 4 Peter Barnes, Zoning Admin