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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 01/13/1994ZONING BOARD OF APPEALS January 13, 1994 Regular Meeting 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, January 13, 1994 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Perica, Anastasio, Gustafson, Michelena, Huddleson, and Cuthberson. Boardmembers Absent: Clark The meeting was called to order by Chairman Gustafson. Council Liaison: Staff Liaison: Staff Support Present: Ann Azari Peter Barnes Peter Barnes Ann Chantler Paul Eckman The minutes from the November meeting were approved. Appeal 2091, 519 Peterson Street. by Kay Osborne, approved with condition. Section 29-167(4), 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 20' X 20' detached garage which will be built in place of the existing garage which is already at 0 setbacks. The property is in the NCM zone. ----- 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 rear setback requirement of 15' would put the building 1' from the planned house addition. The 100' lot depth is shallow compared to the 190' depth of the majority of the lots in the neighborhood. Staff Comments: None • Zoning Board of Appeals January 13, 1994 Page 2 Zoning Administrator, Peter Barnes, stated the house is located on the corner of Mulberry and Peterson. Presently, the garage lines up with the fence and is at a 0' setback. Mr. Barnes stated the lot is an odd shape, most lots are 190' deep and this one is only 100' deep. He stated there are other garages in this area that are placed on the alley at approximately 0' setback. Kay Osborne, owner, appeared before the Board. She stated she plans to add to the back of the house approximately 800 square feet. She stated if this variance was not granted, her bedroom would be approximately 1 foot from her garage. She said presently the garage that is falling down has no foundation, only 1 support beam And is a hazard to the neighborhood. No one was present in favor or against the appeal. Board member Anastasio stated he could agree to the rear setback but stated she needed to meet the side setbacks. Board member Michelena asked Mr. Barnes about the fire danger if the two garages were at a 0' setback. Zoning Administrator Peter Barnes stated that the garage would have to be built with one hour fire rating. He stated a garage on an alley needs 20' backup and this garage and alley meet those requirements. Board chairman Gustafson agreed that there was a hardship for the rear setback, but did not support the side yard setback. Kay Osborne stated she was a landscaper and wanted to utilize as much of her yard as possible for garden space. If the side yard set back was granted that would give her more usable space for yard. Board member Michelena moved to approve appeal 2091 for the rear lot line for the hardship being the shallowness of the lot, but to deny the side yard setback due to the lack of hardship. Board member Perica seconded the motion. Yeas: Perica, Anastasio, Gustafson, Michelena, Huddleaon, Cuthbertson. The motion passed. Zoning Board of Appeals January 13, 1994 Page 3 Anneal 2092. 4530 Innovation Drive_ passed, by Douglas Hample, owner. Section 29-404(4). ----- The variance would reduce the required side yard setback along the north lot line from 30 feet to 5 feet for a portion of a new wholesale electric supply building located in IP zone. Petitioner's statement of hardship: See petitioner's letter. Staff comments: None Zoning Administrator, Peter Barnes, read the petitioner's letter. Mr. Barnes stated this property is in the IP zone. Mr. Barnes explained the dedicated easement and the swale on the property. Douglas Hample, president of electric wholesale company, appeared before the Board. He stated his company would like to build in the Fort Collins City limits. He stated finding land within the city limits and the appropriate zoning to accommodate their company has been difficult. He stated when placing the building on this property, the company would like to keep the loading and unloading on the North side to take advantage of not blocking the street. he also stated they have been working with the Poudre Fire Authority and have agreed to sprinkle the entire building. Board member Huddleson asked Mr. "L" shaped building on the lot, building. Mr. Hample stated with would not be feasible. Board discussion followed. Hample if instead of placing an had they considered a rectangle the loading and unloading that Board member Anastasio stated with the restrictions on this lot, the huge setbacks and not being able to put the building any further forward, he felt the variance should be granted for the hardship stated. Board member Huddleson complimented Mr. Hample for the thorough presentation and also felt there was no other way to place the building on the lot. Board member Huddleson moved to approve appeal 2092 for the hardship stated with the restrictions that the this appeal only apply to the building as the site plan was presented. Board member Perica seconded the motion. Yeas: Perica, Anastasio, Gustafson, Michelena, Huddleson, Cuthbertson. Nayes: None. The motion passed. W, Zoning Board of Appeals January 13 , 1994 Page 4 Other Business The Board discussed proposed amendments to the code regarding appeal procedures. City attorney, Paul Eckman, explained the options. Board member Huddleson moved to adopt Option "C". Board chairman Gustafson seconded the motion. Yeas: Anastasio, Gustafson, Michelena, Huddleson. Nayes: Cuthbertson. The motion passed. The meeting was adjourned. Robert Gustafson, Chairman Peter Barnes, Zoning Admin. ZONING BOARD OF APPEALS JANUARY 13, 1994 1. Roll call. 2. Appeal 2091. The variance would reduce the required rear yard setback 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 201X20' detached garage which will be built in place of the existing garage which is already at 0 setbacks. The property is in the NCM zone. Section 29-167(4), 29-167(5) by Kay Osborne, 519 Peterson Street. 3. Appeal 2092. The variance would reduce the required side yard setback along the north lot line from 30 feet to 5 feet for a portion of a new wholesale electric supply building located in the IP zone. Section 29-404(4) by Douglas Hample, 4530 Innovation Drive. 4. Other business.