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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/12/1993ZONING BOARD OF APPEALS August 12, 1993 Regular Meeting 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, August 12, 1993 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Huddleson, Gustafson, Clark, Cuthbertson. Board members absent: Anastasio, Michelena, Perica. The meeting was called to order by Chairman Gustafson. Council Liaison: Ann Azari Staff Liaison: Peter Barnes Staff Support Present: Peter Barnes Ann Reichert The minutes from the July meeting were approved. Appeal 2079, 2701 Worthington, by Gary and Elaine Purdum approved. Section 29-511(1). ----- The variance would allow a fence to exceed 4 feet in height when located within 20 feet of the front property line. Specifically, it would allow a 6 foot high fence to be constructed all the way to the legal, front property line along Winchester Drive. The home is in the RL zone. ----- Petitioner's statement of hardship: The home is on a corner lot and faces the legal side lot line, which is along Winchester. The owners would like to enlarge their back yard by extending the fence to Winchester. This, in reality is not their front yard, so the intent of the code is met. If Worthington was the legal, front yard, a variance would not be needed. ----- Staff Comments: This variance is similar to requests dealing with building setbacks on corner lots. People whose houses face the legal front lot line can place fences in this proposed location without the need for a variance. Zoning Board of Appeals August 12, 1993 Page 2 One letter was received and read from Daryl & Karla Smith in favor of this appeal. Peter Barnes, Zoning Administrator, stated this was a corner lot where the side yard was legally their front yard and the petitioners would like to extend their back yard. He pointed out that the property across the street received a similar variance in 1991. Gary Purdum owner of the property was present but had not statement. No one was present in favor or in opposition of this appeal. Board member Huddleson stated this kind of situation has been before the Board many times and he supported the appeal. Board member Huddleson moved to approve Appeal 2079 for the hardship stated. Board member Cuthbertson seconded the motion. Yeas: Huddleson, Gustafson, Clark, Cuthbertson. The motion passed. Appeal 2080, 113 S Whitcomb by Kerry and Kirsten Howard, passed. Section 29-167(4). ----- The variance would reduce the required rear yard setback from 15 feet to 13.5 feet for a second floor addition to an existing home in the NCM zone. Petitioner's statement of hardship: The lot is shallow and the home is already constructed at a 13.5 foot setback. The second floor addition would line up with the existing rear wall of the home. Staff Comments: None Zoning Administrator Peter Barnes stated this home is located in the older part of town and is a shallow lot bordered on one side by an alley. It appears the lot may have been divided in the past and part of it sold. Mr. Barnes noticed other houses in the neighborhood have second stories. Kerry Howard, owner of the property, appeared before the Board. He stated because of the narrowness of the lot, there is no other way to add to the home. Mr. Howard submitted an elevation drawing of the proposed addition. Mr. Howard requested of the Board that if this variance was granted, that a one year, rather than 6 month, time be allotted. Zoning Board of Appeals August 12, 1993 Page 3 Mark Bowen, owner of 609 West Mountain Avenue, appeared before the Board in favor of this appeal. He stated this addition would improve the neighborhood. Board member Huddleson moved to approve Appeal 2080 for the hardship stated. Board member Cuthbertson seconded the motion. Yeas: Huddleson, Gustafson, Clark, Cuthbertson. The motion passed. The motion was amended by Board member Huddleson to include one year on this appeal. It was seconded by Cuthbertson. Yeas: Huddleson, Gustafson, Clark, Cuthbertson. The amended motion passed. Appeal 2081, 1616 Mathews Street, by Ted Garfield, owner, denied. Section 29-133(5). The variance would reduce the required side yard set back along the south lot line from 5 feet to 3 feet for a detached storage shed in the RL zone. Petitioner's statement of hardship: There is existing landscaping in the rear and other side of the lot, making it difficult to locate somewhere else. The shed is replacing an older shed which existed at this location, and a concrete pad already exists which the owner would like to utilize. ----- Staff Comments: None Zoning Administrator Peter Barnes stated an inspector from the Building Inspection Office noticed the shed was being built and it exceeded 8' in height, so needed a building permit. A permit had not been issued. Ted Garfield, owner, appeared before the Board. He stated the shed at the highest peak would be 1011" and the walls would be standard studs. Mr. Garfield then submitted a new set of drawings showing the shed set toward the back of the property and wondered if th Board could consider a variance for the alternative location instead of the orginal location. Mr. Barnes told Mr. Garfield new notices would have to be mailed to neighbors and the appeal heard at the September meeting. Mr. Garfield decided to go ahead with the appeal as submitted. Zoning Board of Appeals August 12, 1993 Page 4 No one was present in favor of this appeal. Betty Schuey, 1618 Mathews, was opposed to this appeal. She stated this shed was very close to her home. She submitted pictures to the Board and stated with the shed in the proposed site, the shed blocks the sun, the air, the sky and their view. Board member Gustafson stated he thought this appeared to be a self imposed hardship. Board member Clark agreed. Board member Huddleson asked Mr. Garfield to explain his hardship. Mr. Garfield stated his lot was narrow, 501. Zoning Administrator Barnes stated typical lots in this neighborhood are 50' and Mrs. Schuey's is 461. Board member Cuthbertson moved to deny Appeal 2081 for a lack of hardship. Board member Huddleson seconded the motion. Yeas: Huddleson, Gustafson, Clark, Cuthbertson. The motion passed. Other Business• September meeting will be the annual meeting and election of officers. Mr. Barnes stated a joint work session of the ZBA and P&Z Board will be held the 2nd Tuesday in October at 4:OOpm, 281 North College Confr Room to discuss the sign code audit. The Board also discussed the kinds of signs and the kinds of appeals the Board hears. The meeting was adjourned. Robert Gustafson Chairman 1rP� Peter Barnes, Barnes, Zoning Admin ZONING BOARD OF APPEALS August 12, 1993 1. Roll call. Appeal 2079. The variance would allow a fence to exceed 4 feet in height when located within 20 feet of the front property line. Specifically, it would allow a 6 foot high fence to be constructed all the way to the legal, front property line along Winchester Drive. The home is in the RL zone. Section 29-511(1) by Gary and Elaine Purdum, 2701 Worthington. 3. Appeal 2080. The variance would reduce the required rear yard setback from 15 feet to 13.5 feet for a second floor addition to an existing house in the NCM zone. Section 29-167(4) by Kerry and Kirsten Howard, 113 S. Whitcomb. 4. Appeal 2081. The variance would reduce the required side yard setback along the south lot line from 5 feet to 3 feet for a detached storage shed in the RL zone. Section 29-133(5) by Ted Garfield, 1616 Mathews Street. 5. Other business.