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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 07/08/1993ZONING BOARD OF APPEALS Regular Meeting - July 8, 1993 8:45am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, July 8, 1993 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Cuthbertson, Anastasio, Gustafson, Clark, Michelena, Huddleson. Absent: Perica The meeting was called to order by Chairman Gustafson. Council Liaison: Ann Azari Staff Liaison: Peter Barnes Staff Present: Peter Barnes Ann Reichert The minutes from the June meeting were approved. Appeal 2076, 900 E. Lincoln ,by owner Keith Hess, approved with conditions. Section 29-493(1), 29-493(f) The variance would eliminate the requirement to provide a 5' landscape area along the perimeter lot lines of the rear portion of the lot where a new storage building is going to be constructed, as well as eliminate required interior landscape islands in the rear portion of the lot adjacent to the new building. Instead, the petitioner proposes to install landscaping along the street to take the place of the required landscaping at the rear. Petitioner's statement of hardship: The lot is very deep, 606 feet. The construction of the new building at the back requires only the rear portion of the lot to be landscaped. The landscaping will not be visible from the street because the existing building and vehicles would totally screen it. Therefore, no public benefit would be obtained by installing the landscaping required. In addition, the movement of large trucks around the new parts Zoning Board of Appeals July 8, 1993 Page 2 storage building would be hindered by installing landscaped islands. The owner is willing to install landscaping, but would rather put it out front where more public benefit would be obtained. Since the code doesn't require the front landscaping, the 'variance request, in reality, simply relocates the landscaping on the lot to a more practical location. ----- Staff comments: The peculiar situation of the lot in this case (hardship) may be that it is unusually deep. Zoning Administrator Peter Barnes stated this property is across the street from Link "N" Greens Golf Course. There presently is no landscaping and the lot is deeper than usual. Keith Hess, owner and president, appeared before the Board. He stated employee parking is out front. This is a wholesale business and no one is allowed behind the fence. The company has budgeted $45,000 for landscaping, paving and a new sign. No one was present in favor or in opposition of this appeal. Board chairman Gustafson stated the lot did appear to be deep, and with the proposed landscaping it would help Lincoln Street. A condition could be put on the appeal, if the owner would sell the property to the North, it would need to be reviewed. Mr. Barnes stated this was an unusual situation, lots are not usually this deep. The code is intended to provide landscaping in areas which would be beneficial to the public. Board member Ray Michelena moved to approve Appeal 2076 for the hardship of the depth of the lot with the condition that if anything is built on North Lemay subdivision, the variance expires. Board member Anastasio seconded the motion. Yeas: Anastasio, Gustafson, Clark, Michelena. Nayes: Cuthbertson, Huddleson. The motion passed. Appeal 2077. 720 Peterson Street, by owner Barry Baker, approved. Section 29-167(3). The variance would reduce the required front yard setback from 15 feet to 10.5 feet for a covered front entry extension. The proposed addition is to a single family home in the NCM zone. Zoning Board of Appeals July 8, 1993 Page 3 Petitioner's statement of hardship: The owners are going to remodel the home and restore parts of the home to its original character. The proposal includes changing the existing side entry to a front entry. In order to do this a landing is required. The owners will use the original columns for the new covered entry. The entry will still be 30.5 feet from the street. ----- Staff Comments: None Zoning Administrator Peter Barnes stated the owner wishes to restore the home to the original form. Presently the steps go up the side of the house, and the owner wants to change that so they come up the front. This house is located in an older part of town and will still be 30.5 feet from the street. Barry Baker, owner, appeared before the Board. He stated he would like to restore the home to the original form. The columns that were once at the entrance are stored and will be replaced. The house is listed as a contributing home in the Luarel School Historic District by the state. Mr. Barry stated other houses in the neighborhood have similar setbacks. No one was present in favor or in opposition of this appeal. Board member Huddleson stated by granting this appeal it would not be a detriment to the community. Board chairman Gustafson stated Mr. Barry was making a good addition to the neighborhood. Board member Huddleson stated according to the plot plan, it appears the house was built toward the front of the lot. He moved to approve Appeal 2078 for the hardship stated. Board member Cuthbertson seconded the motion. Yeas: Cuthberton, Anastasio, Gustafson, Clark, Michelena, Huddleson. Nayes: None. The motion passed. Appeal 2078, 1535 Remington by owners John and Lorene Clark Section 29-511(2). The variance would allow a fence to be taller than 6 feet high. Specifically, the variance would allow a fence tc be 8 feet high along the west property line and along the south property line. The home is located in the NCL zone. Zoning Board of Appeals July 8, 1993 Page 4 Petitioner's statement of hardship: The petitioners desire to use the home for the location of their photography studio, which will be conducted as a home occupation. When outdoor portraits are taken, a backdrop taller than the subject is necessary. Therefore, a 6 foot high fence won't work. The property is adjacent to the new drive -up lane for the new Taco Bell, and is also along a major arterial road. The 8 foot fence is also proposed to act as a visual and sound barrier from the adjacent Taco Bell. See Petitioner's letter for addtional hardship. ----- Staff Comments: None Zoning Administrator Peter Barnes stated the code restricts fences to 6' in residential areas. Taco Bell, directly to the west, is in a zone which does not have height limits. Board member Cuthbertson asked Mr. Barnes if this appeal was granted, would there be a site impairment on Prospect. Mr. Barnes stated he did not notice an impairment when he was on the property. Mr Barnes added eventually a median will be built in the middle of Prospect. The fence will be at least 75' from the center of the intersection as required by the code. John Clarke, owner, appeared before the Board. Mr. Clark shared with the Board the history of their home. Mr. Clark stated a serious problem is the slope of the property and the house sits up fairly high. He stated Taco Bell is open until 3:00am on weekends and causes privacy problems. Because the house is set up on the slope, customers of Taco Bell can see directly into their home. Mr. Clark stated their home will be used as a photography studio, and trying to photograph any tall person could present a problem. There is not enough land to dig out an area so a 6' fence would be adequate. Board member Michelena asked Mr. Clark if the evergreen trees would be damaged by the proposed fence. Mr. Clark stated they would not. Board member Cuthbertson stated according to the zone Taco Bell is in, there is no restriction on fence height for Taco Bell and he had no problem with a 8' fence on the west side. Zoning Board of Appeal July 8, 1993 Page 5 Board member Huddleson stated the slope of the lot was a hardship and these homeowners should be able to enjoy privacy like any other citizen of Fort Collins. Mr. Clarke stated the proposed fence would be made outof good quality, up -graded wood or block and would include pilasters. Board member Gustafson stated his main concern was the fence be to close to the intersection, but the code will take care of that, so the appeal is acceptable. Board member Huddleson moved to approve Appeal 2078 for the hardship that the lot is sloped with the condition that the fence on the south side not extend beyond the last spruce tree and that the fence be made of the proposed material. Board member Anastasio seconded the motion. Yeas: Cuthbertson, Anastasio, Gustafson, Clark, Huddleson. Nayes: Michelena. The motion passed. Other Business Mr. Barnes updated the Board on the sign code audit. The meeting was adjourned. Robert Gustafson, Chairman Peter Barnes, Zoning Administrator ZONING BOARD OF APPEALS June 8, 1993 1. Roll call. 2. Appeal 2076. The variance would eliminate the requirement to provide a 5' wide landscape area along the perimeter lot lines of the rear portion of the lot where a new storage building is going to be constructed, as well as eliminate required interior landscape islands in the rear portion of the lot adjacent to the new building. Instead, the petitioner proposes to install landscaping along the street to take the place of the required landscaping at the rear. Section 29- 493(1), 29-493(2)(f) by Rieth Hess, 900 E Lincoln Avenue. 3. Appeal 2077. The variance would reduce the required front yard setback from 15 feet to 10.5 feet for a covered front entry extension. The proposed addition is to a single family home in the NCM zone. Section 29-167(3) by Barry Baker, 720 Peterson Street. 4. Appeal 2078. The variance would allow a fence to be taller than 6 feet high. Specifically, the variance would allow a fence to be 8 feet high along the west property line and along a portion of the south property line. The home is located in the NCL zone. Section 29-511(2) by John Clarke, 1535 Remington. 5. Other business.