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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/13/1994• ZONING BOARD OF APPEALB October 13, 1994 Regular Meeting Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, October 13, 1994 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by: Breth, Michelena, Huddleson, Shannon, Gustafson, Cuthbertson. 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 August meeting were approved. Appeal 2115. 1704 S Whitcomb, by Christine and Gail Oberhofer, approved with condition. Section 29-133(4). ----- The variance would reduce the required rear yard setback from 15 feet to 10 feet for a new detached, two -car garage to replace the one -car garage. ----- Petitioner's statement of hardship: The property currently has a detached, one -car garage.There is no attached garage. Parking is a big problem in the neighborhood because of the proximity to C.S.U. The owner would like to have a two -car garage to replace the existing garage. However, meeting the 15 foot setback would place the garage too close to the house to get a car in and out of the garage. Building an attached two -car garage would require a side setback variance, and there really is no place that one could be built without a variance. The property behind this lot is open, C.S.U. property which sits about 15 feet lower than this lot, so this request does not impact any other property. • Zoning $card of Appeals October 13, 1994 Page 2 Staff Comments: Last October, the petitioner applied for a variance to reduce the rear setback to 5 feet, to allow an oversized 2 car garage. The ZBA denied that variance, due in part to the belief that the garage could be made smaller. The petitioner is now asking for a setback reduction to 10 feet instead of the original 5 feet, and is proposing a smaller standard size 2 car garage. Three letters were read, two in support of the appeal and one against the appeal. Zoning Administrator Peter Barnes submitted to the Board a map of the area with two car garages highlighted. Mr. Barnes stated Mr. Oberhofer was at the Board one year ago, and is now submitting a revised, more standard size garage proposal. Mr. Barnes added if this appeal was approved, Mr. Oberhofer would still need to go to the Planning and Zoning Board for an easement vacation. Mr. Barnes pointed out there is no parking in front of the house, the curb is painted red because of the manhole in the street. Mr. and Mrs. Oberhofer appeared before the Board. Mrs. Oberhofer stated they had lived in their home for 14 years and in the past five years, C.S.U.Is enrollment is at an all time high. Some houses on Whitcomb are rentals to students with cars, and some other commuting students just park along Whitcomb street. Parking is a problem. Mrs. Oberhofer mentioned they did widen their driveway so they could have more room to park their cars. She mentioned she does not like to have her cars "warming up" in the cold months, polluting the air and having the exhaust fumes go into her kitchen door. She feels this addition would be an improvement to the neighborhood and they were trying to upgrade their place. No one was present in favor of this appeal. Mrs. Bonita Markstom, 1708 S. Whitcomb, appeared before the Board in opposition of this appeal. She stated this addition would be a detriment to the neighborhood. She stated she knew C.S.U. student parking was a problem, but hoped the solution to this problem could be taken care of in a bigger scope, not just approving an appeal for this address. She stated the Oberhofers purchased this house with the knowledge of the size of the lot, and requested this appeal be denied. Mr. Barnes stated the red zone in front of 1704 S Whitcomb appeared to be a unique situation, he did not see any other red zones painted on the curb in this area due to manholes. He added parking on the street does not belong to the home owner. Zoning Board of Appeals October 13, 1994 Page 3 Board member Huddleson stated he was having a difficult time finding a hardship. He stated parking may be an exceptional situation because of the manhole in the front on the house. Board member Gustafson stated the family may have outgrown the property in the past 14 years. Board member Michelena stated the appellant would have to get an easement vacation from the Planning and Zoning Board, the red zone in the front of the house does pose a situation and Mr. Oberhofer has redesigned the plans to make it smaller. Board member Gustafson moved to deny Appet. 2115 for a lack of hardship. There was no second, the motion died. Board member Shannon moved to approve Appeal 2115, with the condition that an easement is granted from the Planning and Zoning Board, because of the hardship of lack of parking. Board member Breth seconded the motion. Yeas: Breth, Michelena, Shannon, Cuthbertson. Nayes: Huddleson, Gustafson. The motion passed. Anneal 2116. 315 S Loomis. by Alicia Cook, passed. Section 29- 119(5). The variance would reduce the required side yard setback along the north lot line from 5 feet to 3 feet for a carport addition to the north side of the existing detached garage. Petitioner's statement of hardship: The fence constructed on the rear of the lot across the alley hinders the ability of the owner to maneuver their pick-up truck into a standard size carport. The extra width is necessary in order to accommodate the required turning movements. The pick-up doesn't fit into the garage. I ----- Staff Comments: None Zoning Board of Appeals October 13, 1994 Page 4 Zoning Administrator Peter Barnes stated this property is located in the NCL zone. Alicia Cook, owner, appeared before the Board. She stated she has lived at this address for 15 years. She submitted pictures of the pick-up truck. She stated because the pick-up is large and the way the alley angled, they can't fit the pick-up in the carport unless it is about 13 feet wide. No one was present in favor or in opposition of this appeal. Board member Broth stated the carport will be open on one and, and so had no problem with this appeal. Board member Gustafson stated the lot was narrow and the layout of the alley also presented limitations. Board member Gustafson moved to approve Appeal 2118 for the hardship stated. Board member Shannon seconded the motion. Yeas: Broth, Michelena, Huddleson, Shannon, Gustafson, Cuthbertson. The motion passed. Appeal 2117. 521 W. Maple Street by Mike Keys, approved. Section 29-167(4). ----- The variance would reduce the required rear yard setback from 15 feet to 6 feet for a second floor addition to an existing single family home. The existing rear setback of the home is only 2 feet from the property line, so the second floor will be set back further than the existing. ----- Petitioner's statement of hardship: The original home was only 540 square feet. The home was built at the rear of the lot, 86 feet from the front property line, Which is an unusual situation. The addition will have a greater setback than the existing home has. ----- Staff Comments: The resubdividing of lots in this immediate area years ago has resulted in some very peculiar conditions. This lot is also peculiar in that the home is located at the rear of the property, instead of the front. Zoning Board of Appeals October 13, 1994 Page 5 Zoning Administrator Peter Barnes showed a map with the layout of the properties involved. Mike Keys, owner, appeared before the Board. He submitted drawings of the proposed addition. He stated the house is very small, only 540 square feet. He would like to bring the house to more modern standards. He stated the circumstances surrounding this lot are strange, and there is no other place to build on to the home. No one was present in favor or in opposition of this appeal. Mr. Barnes agreed this was a strange division of lots, but the City did not have any files to refer to for history on this property. Board member Gustafson stated the lot was narrow and the house was built far back on the lot. Board member Huddleson stated the lot presented the hardship as does the unique arrangement of the buildings. Board member Gustafson moved to approve Appeal 2217 for the hardship stated. Board member Shannon seconded the motion. Yeas: Breth, Michelena, Huddleson, Shannon, Gustafson, Cuthbertson. Nayes: None. The motion passed. Anneal 2218. 305 E Elizabeth. by St. John's Evangelical Lutheran Church, approved. Section 29-167(5). The variance would reduce the required side yard setback along the south lot line (the alley) from 25 feet to 5 feet for a classroom addition to the south side of St. John's Evangelical Lutheran Gburch. The 5 foot setback will be for the covered entry, the remainder of the addition is proposed to be setback 12 feet. Petitioner's statement of hardship: The lot is a corner lot and the church faces Elizabeth Street. The south side of the church really functions as.a rear yard, but is legally the side yard. The required rear yard setback in this zone is 5 feet from the alley, which the addition complies with. Due to existing floor plan layout and the different floor levels, this is the only location for the addition ,hich Zoning Board of Appeals October 13, 1994 Page 6 lends itself to improving handicap access and the construction of an elevator. The church owns many of the lots on the south side of the alley. The alley adds to the side yard open space needs of the church, and in fact the covered entry is 25 feet from the church's lot across the alley. Existing parking spaces which will be lost will be relocated on church owned property. Staff Comments: Most of the corner lot situations that are cause for setback variances deal with single family homes. Even though this is a church use, the same scenario exists because of the corner lot. The front of the building faces Elizabeth, but the legal front is Mathews. Therefore, the south lot line is legally the side lot line, even though it functions as the back of the church. All the other properties in this block could build to within 5 feet of the alley, because the alley is considered the rear property line. Zoning Administrator Peter Barnes reviewed the ordinances of corner lots. He stated the legal front of the church is on Mathews Street. He stated the church might actually gain one or two parking places if this appeal is granted. Lucia Liley, president of the church congregation appeared before the Board. Ms. Liley stated the church has a need to modernize. 1/3 of their membership is elderly, a large population is handicap and the church needs to install an elevator for their use, add restrooms for the handicap and classrooms. Presently the only way to get to the classrooms is by very steep steps. The plan includes beautifying the back of the church. Ms. Liley presented a graphic board of site and elevations to the Board. Ms. Liley added the remodeling effort would not impair the public, have no impact to the neighbors and stated the lot was an exception because of the side yard/front yard situation. No one was present in favor or in opposition of this appeal. Board member Gustafson stated the church was trying to meet accessibility issues, the side yard and front yard did create a hardship and he supported this appeal. Zoning Board of Appeals October 13, 1994 Page 7 Board member Gustafson moved to approve Appeal 2118 for the hardship stated. Board member Michelena seconded the motion. Yeas: Breth, Michelena, Huddleson, Shannon, Gustafson, Cuthbertson. Nayes: none. The motion passed. Other Business: Peter Barnes reviewed the dates for the 1995 Zoning Board of Appeals meetings. The meeting was adjourned. Chuck Huddleson, Chairman Peter Barnes, Zoning Admin