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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 02/09/1995ZONING BOARD OF APPEALS February 9, 1995 Regular Meeting Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, February 9,1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Perica, Michelena, Gustafson, Shannon, Breth. Members absent: Huddleson, Cuthbertson. The meeting was called to order by Ray Michelena. Council Liaison: Ann Azari Staff Liaison: Peter Barnes Staff Support Present: Ann Chantler Peter Barnes ADReal 2126 517 West Olive Street by Tom Baumoar* contractor, approved. Section 29-167(3). ----- The variance would reduce the required front yard setback from 15 feet to 9 feet in order to allow a 4 1/2 foot porch cover to be constructed over a basement entrance, replacing the existing awning cover. ----- Petitioner's statement of hardship: The building is already setback less than 15 feet. The existing awning cover is only 6 feet above the stairway entrance, so it is not safe and needs to be rebuilt. The porch cover will still be 29 feet behind the curb, so the intent of the ordinance is met. ----- Staff comments: None Zoning Administrator Peter Barnes, stated this home was located in the older part of town. He stated the front property line is located 20' behind the curb. Tom Baumgart, contractor for C & M Homes, appeared before the Board. He stated the awning presently is only 6' high and is not safe. Because of the location of the living room window, there is no other option of relocating the awning for the basement stairway. Mr. Baumgart researched having a special awning made, but that was not an option either. Zoning Board of Appeals February 9, 1995 Page 2 No one was present in favor or in opposition of this appeal. Board Discussion: Board member Breth stated the 20' distance from the curb to the property line means that the cover will be set back an adequate distance from the street and the proposed porch cover would be relieving a hazardous situation. He supported this appeal. Board member Gustafson moved to approve this appeal for the hardship stated. Board member Perica seconded the motion. Yeas: Perica, Michelena, Gustafson, Shannon, Breth. Nayes: None. The motion passed. oarLaal!v approved. Section 29-133('3). ----- The variance would reduce the required front yard setback from 20 feet to 15 feet to allow the addition of a semi - enclosed porch and porch cover to be constructed at the front entrance. The variance would also reduce the required front setback from 20 feet to 1918" to allow the construction of a 114" bay window to replace the existing living room window. ----- Petitioner's statement of hardship: The house faces west. When the wind blows from the north and west, there is no protection because there is a wide open City Park across the street. Since there is no wind break from other homes, the wind hits the door unimpeded. This breaks the seal on the door and the door keeps opening in the wind storms. The proposed addition will act as a wind- break. ----- Staff Comments: None Zoning Administrator Peter Barnes, reviewed the plat of the area pointing out the park and the trees and fence on the north side. He stated the only other house on the block facing west is in an "L" shape and the garage acts as a windbreak. Board member Breth questioned if a variance would be required if a fence, acting as a wind break, was constructed. Mr. Barnes stated yes, if the fence was higher than 4' because taller fences must be 20' from the front property line. Zoning Board of Appeals February 9, 1995 Page 3 No one was present in favor or in opposition of this appeal. Board Discussion: Board member Perica stated he may see a possible hardship for the door but could find no hardship for the bay window. Board member Breth stated a 4' stoop and porch cover may be a possibility rather than a 6' porch. Board member Gustafson stated the hardship for the porch may be accessibility and energy conservation with the wind. He added there was no hardship for the window. Joy Andrews submitted a picture of what she proposed for the remodeling of her home. (it is attached). Board member Michelena said'he agreed there seemed to be a problem with the wind and could find a hardship with that, but the window was a different case. Board member Breth said the porch could be scaled back to 4' instead of 61. Board member Michelena stated 6' would be more functional. Board member Gustafson moved to approve appeal 2127 for the porch only, for the hardship that it is an existing home and the wind is an environmental issue, but not approve the variance for the bay window for lack of hardship. Board member Perica seconded the _motion. Yeas: Perica, Michelena, Gustafson, Shannon, Breth. Nayes: none. The motion passed. The meeting was adjourned. Ray Michelena, Vice Chairman ">i" /3"" Peter Barnes, Zoning Admin