HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/14/1993ZONING BOARD.OF APPEALS
004 0bty 4kwe bee 14, 1993
Regular meeting 8:30 a.m
Minutes
The regular meeting of the Zoning Board of Appeals was held on
Thursday, October 14, 1993 in the Council Chambers of the City of
Fort Collins City Hall. Roll was answered by Cuthbertson,
Huddleson, Clark, Michelena and Perica. Board members absent:
Anastasio and Gustafson.
The meeting was called to order by acting -Chairman Huddleson.
Council Liaison:
Staff Liaison:
Staff Support Present:
Ann Azari
Peter Barnes
Peter Barnes
Jennifer Nuckols
Paul Eckman
The minutes from the August 1993 meeting were approved.
Appeal 2082, 229 Park Street, By Mark Fryer approved.
Section 29-167(5).
----- The variance would reduce the required side yard
setback along the south lot line from 5 feet to 2 feet
in order to allow a kiln shed addition to the west side
of the existing garage. (The south wall of the
addition will line up with the existing south wall of
the garage, which is already at a 2 foot setback). The
property is located in the NCM zone.
----- Petitioner's statement of hardship: See petitioners
letter.
----- Staff comments: None
Two letter were received, one from June Groening and another from
Virgil Reeve. Both were in favor of this appeal.
Zoning Administrator. Peter Barnes explained that Mr. Fryer had
appeared before the Board earlier this year to obtain a variance
to allow his pottery operation to be conducted in a detached
building. The Home Occupation ordinance does not allow home
occupations in detached buildings unless a variance is granted
from the Board. Part of that previous proposal was to build an
addition on to the existing detached garage. Mr Barnes explained
Zoning Board of Appeals
October 14, 1993
Page 2
that the property is on a corner lot, and the existing garage is
going to be part of his, Mr Fryer's, pottery shop, and that he
was going to add on a kiln shed, where the kiln would be located.
When he got ready to do the work, he realized that the shape of
the addition has to be a little different in order to meet
building codes, and he has proposed to line it up with the
existing south wall of the garage which is already at a 2 foot
setback.
The slides of the mentioned area were viewed, and it was
explained by Mr. Barnes that the petitioner's hardship would be
the removal and moving of existing planting beds and the
narrowness of the lot. Mr. Barnes stated that the rear setback
is met.
Board member Perica disqualified himself from the panel, stating
that he knew one of the petitioners.
Mark Fryer and B.T. Huntley, \ y y, owners of the property appeared
before the Board.
Mr. Fryer explained that he submitted alternate plans in case his
2 foot setback is granted and that he has carefully thought out
his proposal. Ms. Huntley explained that her concerns were for
the garden that she has worked on for several years and put a
great deal of money into.
The code regarding the neighboring buildings being in such close
proximity to each other was questioned.
Mr. Barnes stated that because Mr. Fryer's building was going to
be closer than 3 feet to the property line, that a portion of his
building be fire -rated to contain and minimize the spread of fire
to adjacent properties. He stated that there is 6 feet between
the buildings which is also adequate, from a building code
standpoint.
No one was present in favor or in opposition of this appeal.
Board member Huddleson stated that he had a hard time finding a
hardship, but that a precedence may have been set in the past
with granting variances of this nature where additions are built
to line up with existing nonconforming walls.
Board member Michelena stated that he saw the hardship being the
narrowness of the lot and that if the building was to be used for
business that it would need to be attached to the existing
building. He believes that the proposed area is the best if the
shed does need to be attached to the garage.
Zoning Board of Appeals
October 14, 1993
Page 3
Board member Michelena moved to approve Appeal 2082 for the
hardship stated. Board member Clark seconded the motion. Yeas:
Cuthbertson, Huddleson, Clark, Michelena. The motion passed
Appeal 2083, 4828 S. College Ave., by Dan R. Jensen, approved.
Section 29-303
----- The variance would reduce the required rear yard
setback from 20 feet to 10 feet for a new, detached 2
car garage in the zone.
----- Petitioner's statement of hardship: The new office
building under construction at this site will be a
construction office. The construction company needs a
storage building for equipment and material. Locating
the garage elsewhere on the lot would result in
eliminating needed parking for tenants of the building.
The nearest home affected by this request is about 200
feet away and should not be impacted by a 2-car garage
structure. Since the property is commercial and has a
parking lot, storm water detention facilities are
required, and moving this anywhere else would impact
these facilities.
----- Staff comments: This is the only corner of the parking
area in which the garage can be located due to the
manner in which the storm water facilities have had to
been constructed. A 6 foot high solid fence and
landscaping is required to be installed along the east
lot line, so the visual impact to properties to the
east will be minimal.
Two letters were received and read. One from Carl Nelson,
stating his approval of the appeal, another from Lloyd Thomas
Jr., stating approval of the appeal with reservations regarding
additional concerns.
Peter Barnes clarified that the building is in the BL zone and
that the property line is the zoning district line and that where
the houses are is in the county. He stated that in the BL zone;
you don't have to have any setbacks from a building to a property
line unless the property line happens to be a zoning district
line, then you are required to have a 20 foot setback, because in
the city, BL zones are typically adjacent to residential zones.
It is different in this case since the residential zone is a
county subdivision which consists of acreages. None the less, in
the BL zone it is required to meet the setback form a zoning
Zoning Board of Appeals
October 14, 1993
Page 4
district line, which happens to be the back property line, and
the setback is supposed to be 20 feet.
Board member Cuthbertson questioned who owned the ditch and it's
usage. City Attorney, Paul Eckman, stated that it is an
irrigation ditch that the residents of Fairway Estates use to
irrigate their properties.
Dan Jensen, owner of the property, president of Jensen Homes,
appeared before the Board.
Mr. Jensen stated that due to storm water drainage requirements,
number of parking spaces, handicapped requirements for parking
and building access, there was no choice for location. He cannot
adjust storm water drainage requirements at all. They are very
strict in their requirements. He stated that the main purpose of
the garage is for storage and the problems of unsightliness of
construction materials and equipment and that he wants to keep
tractors and other equipment out of sight and out of the
dirt/mud. The reason for already pouring the concrete slab was
to start stacking materials on, to keep off of the ground
Board member Perica questioned City Attorney Paul Eckman if the
Storm water drainage issue would constitute a hardship under the
code. Mr. Eckman stated that that is really for the Board to
decide, but that the code states that if the area has any
......unusual topographical conditions or extraordinary
conditions of the property, so the board has that latitude to
work within, and that it is up to the Board to decide if it is
hardship..
No one was present in favor or in opposition of this appeal.
Board member Huddleson stated that he feels that the landowner
(Jensen) has no choice of where he can locate the structure and
feels he is entitled and has the hardship due to topography and
requirements of the City in regards to the storm drainage
department.
Board member Perica questioned the issue of the fence on the east
side of the property as to whether it is going to be required.
Zoning Administrator Peter Barnes stated that Mr. Jensen is not
asking for a variance on the fence and that according to Mr.
Eckman, because it is a platted utility and bridle path easement,
we could not allow a fence there. That issue will need to be
resolved.
Board member Perica moved to approve Appeal 2083 on the ground of
the hardship stated. Board member Michelena seconded the motion.
Zoning Board of Appeals
October 14, 1993
Page 5
Yeas: Cuthbertson, Huddleson, Clark, Michelena, Perica. The
motion passed.
Appeal 2084,406 E. Pitkin Street,by Lee Howe, approved.
----- The variance would reduce the required rear yard
setback from 5 feet to 2 feet for a new detached garage
in the NCM zone. The new garage would replace the
older, existing garage which is already located at a 2
foot setback from the rear property line.
----- Petitioner's statement of hardship: The owner's home
is small and she desires additional storage space. The
existing garage is dilapidated and is already only 2
feet from the rear lot line. The new garage would be
built in the same location, but increased 2 feet in
depth. Moving the garage an extra 3 feet would require
the removal of a large, mature pine tree.
----- Staff comments: None.
Zoning Administrator Peter Barnes stated that the area is near
Fort Collins High School where many of the houses have detached
garages and there are no curb cuts along the streets so
everything comes off the alley. Many of the garages were built
before setbacks were required for detached buildings. The
existing garage is undersized for a 2-car garage and the roof is
sagging and in poor condition. The proposal is to reconstruct
the garage at the same location with the exception that it would
be added on towards the house another 3 feet to add depth to the
garage. The pine tree in question would be affected if the owner
were made to comply with the 5 foot setback requirement.
Lee Howe, owner of the property, was present.
Ms. Howe stated that the parking space to the west is critical
and that parking in front is filled during the day with high
school students, and the lot is only 40 feet wide. If 5 foot
setback were to be met; the large pine tree would have to be
removed. Ms. Howe stated that the proposed garage will be the
same width with only the length being increased towards the
house.
No one was present in favor or in opposition of this appeal.
Board member Cuthbertson stated that this fits other similar
Zoning Board of Appeals
October 14, 1993
Page 6
situations and does not feel it is an issue and meets Boards
criteria.
Board member Perica stated that previous variances were granted
for substantial vegetation on site. He stated that that appears
to be the only hardship present on this request. He questioned
if side yard setback would still be met if garage met 5 foot rear
set back but was moved to the east or west? Could parking be
reversed to other side of the garage? Could Ms. Howe park on the
other side of garage from were is presently parked?
Ms. Howe stated that it would be feasible if all of the fencing
were re -done, but there is a telephone box on one side and a
power pole on the other side and that limits parking.
Board member Perica moved to approve Appeal 2084 on the ground.of
the hardship and potential impact on the pine tree and the
inability to redesign the site plan. Board member Cuthbertson
seconded the motion. Yeas: Cuthbertson, Huddleson, Perica.
Nays: Clark, Michelena. The motion passed, 3 to 2.
Board member Perica excused self from the meeting.
Appeal 2085,1704 S. Whitcomb Street by Christine & Gail
Oberhofer, denied.
Section 29-133(4)
----- The variance would reduce the required rear yard
setback from 15 feet to 5 feet for a new detached, 2-
car garage in the RL zone, to replace the existing 1-
car garage.
----- Petitioner's statement of hardship: The property
currently has a detached, 1-car garage. There is no
attached garage. Parking is a big problem in the
neighborhood because of the proximity to CSU. The
owner would like to have a 2-car garage to replace the
existing garage. However, meeting the 15 foot setback
would place the garage only 9 1/2 feet from the house,
making car access impossible. Building an attached 2-
car garage would require a side setback variance. The
property behind this lot is open, CSU property, so this
request does not impact any other property.
----- Staff comments: This home is the only one in the
neighborhood with a detached garage. All the others
have either one -car or two -car attached garages.
Zoning Board of Appeals
October 14, 1993
Page 7"
Two letters were received. One from Donald Markstrom, not in
favor of this appeal, and another from Mary Carroll also not
in favor of this appeal.
Zoning Administrator Peter Barnes explained that the owner
currently has a two -car wide driveway with a one -car detached
garage, and the majority of other homes in the neighborhood have
attached garages. The proposal is to have the garage addition go
to the east. The owners stated hardship is that if the addition
has to be at the same setback as the current garage, it would be
too close to the house and one would be unable to get into the
garage. A 10 foot utility easement goes along the property line.
Five feet of the easement would have to vacated if the variance
is approved. Neighbors expressed concern that the remaining 5
feet of easement would not be adequate. It would be up to the
utility companies to determine any difficulties. Mr. Barnes
noted the heavy student parking all along both sides of the
street.
No one was present in favor or in opposition of this appeal.
Board member Michelena questioned the concrete slab on the side
of the existing garage as to whether it was encroaching on the
side easements. Mr. Barnes explained that you can concrete your
entire property from property line to property line, and there
are no regulations that you can't pave over an easement, but if
utilities need to get to that area, they are not obligated to get
permission to tear that up or to replace it.
Gail Oberhofer, owner of the property, appeared before the Board.
Mr. Oberhofer explained that his area of living was becoming a
high -density area with the approval of student housing and there
is an overload of cars in the area. He stated that there is a
red -zone in front of his house, thus he loses an additional
parking space. In regard to the utilities, he stated that the
utilities have been pulled from the power poles, the lines are
buried, .except for the telephone company.
Board member Huddleson stated that he had a hard time finding a
hardship. Board member Clark agreed and remarked that a 27 foot
garage was very deep, was it going to be used for storage also?
Board member Michelena stated that he saw the hardship being
trying to meet the easement requirements and the need for a
larger garage, but was concerned with the easement encroachment
and questioned whether the garage could be redesigned. Zoning
Administrator Barnes noted the options available to the Board:
To deny, grant or modify the variance, making the garage 22 feet
to 23 feet long versus the 27 feet sought.
Zoning Board of Appeals
October 14, 1993
Page 8
Board member Michelena motioned to approve Appeal 2085. The
Appeal was not seconded.
Board member Cuthbertson motioned to deny Appeal 2085.
Board member Clark seconded the motion for denial. Yeas:
Cuthbertson, Huddleson, Clark. Nays: Michelena. The motion
passed.
Appeal 2086, 308 Park Street, By Nancy L. Reed, withdrawn
Section 29-167(5)
----- The variance would reduce the required 5 foot side yard
setback to 3 feet for a carport addition to a garage in
the NCM zoning district.
----- Petitioner's statement of hardship: The existing
driveway and garage are located within 3 feet of the
property line. The owner would like to construct a
carport that aligns with the existing structure. The
carport is needed to protect the car from the elements
and from the sap which drips from trees adjacent to the
driveway.
----- Staff comments: None.
Appeal 2086 was withdrawn by the petitioner.
Appeal 2087,1104 Green Street By Jerry Roselle, denied.
Section 29-133(4)
----- The variance would reduce the required rear yard,
setback from 15 feet to 6 feet for a new 12' X 14'
storage shed in the RL zone.
----- Petitioner's statement of hardship: The back yard of
the property contains a number of mature deciduous and
evergreen trees which limit the possible locations for
this shed. The lot to the rear is a medical office
with a 9 - 10' high fence along the property line, so
this shed will not be visible from the lot most
affected, therefore the intent of the code is met.
Moving the shed would place it close to the house and
bring it in to view of the neighbors to the north, who
would prefer it be located as proposed so that it is
screened by the trees on their lot.
Zoning Board of Appeals
October 14, 1993
Page 9
----- Staff comments: The tall fence along the rear of this
lot is a very unique feature.
One letter was received by Mr. Brian Hahn, in favor of this
appeal.
Zoning Administrator Peter Barnes showed slides of the area and
explained that the proposed area for the shed would be 6 feet
from.the rear property line, and there is a 6 foot utility
easement there. Code requires a 15 foot rear setback from that
property line. The 9 foot high fence separates the petitioners
land and a medical office where there is a zoning district line.
The fence was put up when the medical office was under
construction to address concerns expressed by residential
neighbors bordering the commercial structure. He explained the
existence of mature trees and landscaping.
Board member Michelena questioned if'shed position would really
encroach upon neighbors view. He stated that the slide shown of
the area was unclear to him. Mr. Barnes stated that there are
some openings in the landscaping and that the peak of the roof
would be visible from Mr. Hahn's window. He stated that if it
were put back in the corner it would be screened from view by a
hedge type of bush. As it would be moved closer to the
petitioners house, the hedge starts to disappear and there are
some openings. Board member Michelena pointed out that Mr Hahn's
view is either the big fence and the medical center or both of
those and the roof of the shed. Mr. Barnes stated thatit is all
to the south and the east, but that Mr. Hahn has stated that it
would disrupt his view.
Jerry Roselle, owner of the property, appeared before the Board.
Mr. Roselle clarified that the slide shown, showed the south view
which was looking into his yard and the office building is to the
left of the neighbors, looking out their window. Stated that Mr.
Hahn sees the 2 tall spruce trees and a walnut tree. If the shed
where moved back to meet the 15 foot setback, the neighbor would
see the roof of the building along with the above mentioned view.
If it were set back as proposed, the neighbor would not see the
shed, because there are 2 trees to his left. He wouldn't see the
building, just the 2 spruce trees. He stated that the fence on
Mr. Hahn's south line is a regular privacy fence. Mr. Roselle
stated that the benefits to building the shed as proposed and
allowing the variance, in addition to keeping it obscure from Mr.
Hahn's view, is that it is better balanced in the yard at the 6
foot rear setback and it doesn't ruin the length of the yard. It
is more harmonious if it is back in that corner. He stated by
having this storage building, he can use his garage and store
Zoning Board of Appeals
October 14, 1993
Page 10
items in the shed in the winter rather than having them in the
garage. He stated that it is visually more appealing at the 6
foot setback than if it were 15 feet closer to the house or 15
feet back from the fence. He stated that his hardships are that
it is in compliance with the intent of the code, it decreases the
usefulness of the yard, it would be in direct sight of the
neighbors, decrease the value of the property because it would
look out of place and decrease the usefulness of the yard. would
make more sense to have it in the corner. Questioned whether
this is a hardship, but stated that he already purchased the
materials and to redesign it would be an added cost and didn't
feel that it would look as good. He stated that the building
compliments the design of his house.
Board member Huddleson stated that the only possible hardship was
the deciduous tree. He questioned whether it was going to be
destroyed if it were required that he meet the 15 foot setback.
Mr. Roselle stated that the shed will be close to the tree. It
would be under the canopy of the tree. It would cut down on the
usefulness of the building as it would be right by the door of
the building. By having it closer to "the tree, it ruins the run
of the yard. He stated that the neighbor on the other side, Jack
Shirey, also would prefer the shed be in the corner.
Board member Huddleson stated that he agreed that it made more
sense and would be aesthetically pleasing to the neighbors, but
he is limited to granting a variance when a hardship is created
by the lot itself, the topography, narrowness, those kinds of
things. But he has not reached the level of seeing a hardship
presented in Mr. Roselle's presentation.
Mr. Roselle questioned if decrease in value is a considered
hardship. Stated that having it closer to the house is a
hardship in that it really is not safe and that children would
have to play_in front yard. Hardship is created by lots nature.
Board member Michelena asked City Attorney Paul Eckman to go over
the criteria that the Board has to follow as far as variances.
Mr. Eckman read "You are authorized to grant variances whereby
reason of exceptional narrowness, shallowness or slope of a piece
of property, at the time of the enactment of this article, or by
reason of exceptional topographical conditions or other
extraordinary and exceptional situations or conditions of such
piece of property, the strict application of any regulation
enacted herein would result in peculiar and exceptional practical
difficulties to or exceptional or undue hardship upon the owner
of such property provided that such relief may be granted without
substantial detriment to the public good and without
substantially impairing the intent and purposes of this article".
• 0
Zoning Board of Appeals
October 14, 1993
Page 11
Board member Michelena stated that moving the shed up would be
detrimental to the neighbor. He questioned Mr. Roselle as to the
height of the shed. Mr. Roselle stated that it would be about 10
feet. Mr. Michelena stated that 4 feet would then be seen over
the top of the fence and that it is a rather large shed. Mr.
Roselle stated that it is 12 x 14.
No one was present in favor or in opposition of this appeal.
Board member Huddleson stated that the criteria stated by Mr.
Eckman are criteria to make you come to a feeling of hardship and
other criteria are that a variance can be granted if the hardship
is found but does not cause substantial harm. But hardship must
still be found. Stated he is "wrestling" with finding a
hardship.
Board member Cuthbertson stated he was having a hard time finding
a hardship. Sees no detriment. Stated that a slightly smaller
type shed would need no variance and that there appeared to be
alternatives although maybe not desired. Board member Michelena
stated that he also was having a hard time finding the hardship
but could see the benefits of having the shed where proposed.
Stated that the Board has to go on legalities and because of the
reason of having to find a hardship, it is difficult to find one
in this instance and a true hardship has to be shown.
Mr. Roselle stated that if the shed were closer to the house, it
would be right outside the kitchen window and if they wanted to
add on to the house in the future, they would be unable to.
Stated that due to the nature of the lot and the neighborhood, he
feels they can find a hardship legally. Stated that if the lot
were deeper it would not be a hardship, but because it is so
narrow, feels that it fits within the criteria for a hardship.
Board member Clark stated that he was unable to find a hardship
in which to make a motion on.
Board member Michelena moved to deny Appeal 2087 for lack of a
hardship. Board member Clark seconded the motion. Yeas:
Cuthbertson, Huddleson, Clark, Michelena. The motion passed.
Appeal 2088 913 E. Laurel St. by Barbara Carley for U.S. West,
Mike Jones of Northern Engineering, present. Partially approved.
Section 29-493(1), 29-493(2)(a), 29-493(f)
----- The, variance would reduce the required 10 foot wide
landscape strip along Laurel Street to 0 feet, reduce
0
Zoning Board of Appeals
October 14, 1993
Page 12
the landscape strip along Laurel Street to 0 feet,
reduce required 5 foot wide landscape strip along the
west, and east lot lines to 0 feet, reduce the required
6% interior parking lot landscaping to 0%, and
eliminate the requirement to provide a 6 foot high
privacy fence along the south and west lot line. The
property is the U.S. West construction garage facility,
and the requirements are necessary due to the owner's
proposal to.pave the gravel area.
----- Petitioner's statement of hardship: See petitioner's
letter.
----- Staff comments: The request to eliminate the interior
landscaping is consistent with other similar requests
the Board has considered for storage areas and areas
where large trucks must maneuver.
Zoning Administrator Peter Barnes showed slides of the area and
stated that the facility is located at the end of East Laurel St.
The east of the building on the property is used for storage and
along the east side is a row of parking. Proposal is to pave the
mentioned area, once that is done it would need to comply with
the parking ordinance which has requirements for landscaping.
Mike Jones, of Northern Engineering, appeared before the board.
Mr. Jones stated that his firm would do the civil design on the
drainage for the proposed site. No change of use or additional
structures are proposed. There is an existing security fence
around the area already. Stated a drainage problem when it
rains, water comes up to back door of building which could be
alleviated by paving and grading. Stated there is an existing
landscape area on the south.
Board member Michelena questioned if there were any complaints
from the Laurel school and keeping the children out. Mr. Jones
stated that there is an existing 6 foot high chain link fence and
to the east is industrial buildings and the school is to the
south and west and it becomes residential further west.
Board member Huddleson questioned Mr. Barnes that if the variance
were granted and paving allowed, would this come before the Board
again if the use changes later? Mr Barnes. questioned Mr. Eckman
if the variance goes with the property regardless of use unless
conditioned otherwise? Mr. Eckman stated that unless variance is
conditioned on this use, one would be "out of luck". Board
member Clark stated that by paving, it is being turned into a
parking lot, but is really a storage area. Can see benefits of
landscaping in certain areas but not in most. Mr. Jones stated
that the proposal is not to pave the entire site, but just the
Zoning Board of Appeals
October 14, 1993
Page 13
area on the drawing received by the Board, there is still some
perimeter area to be left in gravel which is storage. Stated
that if use changed, that area could be converted to a landscaped
area.
Board member Cuthbertson stated that he was not in favor of
granting this variance. The NCB zone is to be used as a
transitional area between residential areas and more intensive
commercial areas. If they have a use that was there before the
zone was changed, the intent is to create a neighborhood setting.
Property owner should be moving toward providing that setting.
Sees in request nothing to do that. Stated that some of the
requirements could be met. Agreed on by Board member Michelena.
Mr. Barnes stated that they are required to have perimeter
landscaping in addition to the fence. The landscaping that they
would put on their lot would be on their side of the fence so the
landscaping wouldn't necessarily be visible to adjacent
properties. The fence would screen the storage and parking
areas. Mr. Jones stated that by company rules, they are required
to have a fence in that area, but an interweave fencing that
could be applied to existing chain link would create a sight
screen without changing existing fence.
Board member Huddleson questioned if a compromise could be
sought, not requiring both the fence and landscaping. Mr.
Michelena agreed that the landscaping would be hidden and neither
party on either side of the fence would receive any benefit from
the landscaping, but would like to see landscaping along the
front on East Laurel. Stated would like to see a motion where
privacy fence granted and some substantial landscaping on East
Laurel portion of the building. Mr. Barnes stated that there
would be room for a 10 foot wide landscape strip behind the
sidewalk on Laurel. Landscaping not required in front of the
building.
No one was present in favor or in opposition of this appeal.
Board member Clark questioned whether a fabric weave in the chain
link would be considered a privacy fence. Mr. Barnes stated that
it would on the south and west lot lines. Board member Huddleson
suggested denying the elimination of the 10 foot wide landscape
strip and elimination of the 6 foot privacy fence and granting
the rest.
Board member Michelena moved to deny the reduction of the 10 foot
landscape strip and to eliminate the 6 foot privacy fence and to
approve the remainder of the appeal. Board member Cuthbertson
seconded the amended Appeal. Yeas: Cuthbertson, Huddleson,
Clark, Michelena. The motion passed.
Zoning Board of Appeals
October 14, 1993
Page 14
Other Business
----- Election of officers.
Tabled until next meeting.
No new business.
The meeting was adjourned.
Charles Huddleson, Acting Chairman
�� 13",
Peter Barnes, Zoning Administrator
ZONING BOARD OF APPEALS
October 14, 1993
1. Roll call.
Appeal 2082. The variance would reduce the required side yard
setback along the south lot line from 5 feet to 2 feet in
order to allow a kiln shed addition to the west side of the
existing garage. (The south wall of the addition will line up
with the existing south wall of the garage, which is already
at a 2 foot setback). The property is located in the NCM
zone. Section 29-167(5) by Mark.Fryer, 229 Park Street.
3. Appeal 2083. The variance would reduce the required rear yard
setback from 20 feet to 10 feet for a new, detached 2 car
garage in the BL zone. Section 29-303 by Dan R. Jensen, 4828
S. College Avenue.
4. Appeal 2084. The variance would reduce the required rear yard
setback from 5 feet to 2 feet for a new detached garage in the
NCM zone. The new garage would replace the older, existing
garage which is already located at a 2 foot setback from the
rear property line. Section 29-167(4) by Lee Howe, 406 E.
Pitkin Street.
5. Appeal 2085. The variance would reduce the required rear yard
setback from 15 feet to 5 feet for a new detached, 2-car
garage in the RL zone, to replace the existing 1-car garage.
Section 29-133(4) by Christine & Gail Oberhofer, 1704 S.
Whitcomb Street.
6. Appeal 2086. The variance would reduce the required 5 foot
side yard setback to 3 feet for a carport addition to a garage
in the NCM zoning district. Section 29-167(5) by Nancy L:
Reed, 308 Park Street.
7. Appeal 2087. The variance would reduce the required rear yard
setback from 15 feet to 6 feet for a new 12' X 14' storage
shed in the RL zone. Section 29-133(4) by Jerry Roselle, 1104
Green Street.
8. Appeal 2088. The variance would reduce the required 10 foot
wide landscape strip along Laurel Street to 0 feet, reduce the
required 5 foot wide landscape strip along the west, and east
lot lines to 0 feet, reduce the required 68 interior parking
lot landscaping to 0%, and eliminate the requirement to
provide a 6 foot high privacy fence along the south and west
lot line. The property is the U.S. West construction garage
facility, and the requirements are necessary due to the
owner's proposal to pave the gravel area. Section 29-493(1),
29-493(2)(a), 29-493(f) by Barbara Carley for U.S. West, 913
E. Laurel St..
9. Other business.