HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 02/11/1993ZONING BOARD OF APPEALS
February 11, 1993
Regular Meeting 8:30am
Minutes
The regular meeting of the Zoning Board was held on Thursday,
February 11, 1993 at 8:30am in the Council Chambers of the City of
Fort Collins City Hall. Roll was answered by: Cuthbertson,
Gustafson, Wilmarth, Huddleson, Lancaster. Absent: Anastasio,
Perica.
The meeting was called to order by Chairman Gustafson.
Staff Liaison:
Council Liaison:
Staff Support Present:
Peter Barnes
Susan Kirkpatrick
Peter Barnes
Ann Reichert
Paul Eckman
Minutes from the January meeting were approved.
Appeal 2052, 1207 Standish Ct by Douc Anderson. owner. approved.
Section 29-148,29-133(4)
The variance would reduce the required rear yard
setback along the northwest lot line from 15 feet
to 10 feet, in order to allow a garage addition
to this home which is located in the RLP zone.
Petitioner's statement of hardship: This is a corner
lot where the house actually faces the legal street
side lot line. The legal front lot line is along
New Bedford Drive, but it actually functions as
the interior side lot line. Such lot lines only
require a 5 foot setback. Therefore, the 10 foot
that has been requested is more than what would
normally be required.
Staff Comments: This is a typical corner lot problem
that the Board has seen on numerous occasions.
Zoning Administrator Peter Barnes reviewed the definition of a
corner lot.
Doug Anderson, owner, appeared before the Board. He submitted to
the Board a picture of the proposed addition.
Zoning Board of Appeals
February 11, 1993
Page 2
No one was present in favor or in opposition of the appeal.
Board member Huddleson stated this was a common corner lot appeal
the Board has dealt with many times. He moved to approve Appeal
2052 for the hardship stated. Board member Cuthbertson seconded the
motion. Yeas: Cuthbertson, Gustafson, Wilmarth, Huddleson,
Lancaster. Nayes: None
on 29-493(1).
----- The variance would reduce the landscape strip along
the west lot line from 5 feet to 0 feet in order to
allow the use of the property to change from church
to private school. The property is located in the
NCL zone.
----- Petitioner's statement of hardship: The property is
already developed. The building parking, lot and
drive are all existing. The driveway is only 12 feet
wide. Reducing it in width would make it unusable.
A 6 foot fence is existing along the west lot line,
which acts as a screen. Additional landscaping will
be installed along McKinley Street and along the
west side of the building as required by code. The
building has a very low overhang, which prevent
the driveway from being moved to the east.
Peter Barnes, Zoning Administrator, explained that the applicant
was changing the use from a church to school and if this Board
approved tb* appeal the applicant would still need to go before
the P & Z b6ard for approval.
Vic Smith, representing Oakwood School, appeared before the Board.
He stated the driveway was necessary for safety issues and the
amount of use would be minimal.
Board Chairman, Gustafson, asked Mr. Smith where would the students
be dropped off and picked up? Mr. Smith stated students could be
dropped off on McKinley, cars would drive through the driveway and
the traffic would flow better. There are also two other places to
drop off and pick up students.
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Zoning Board of Appeals
February 11, 1993
Page 3
Board member Huddleson asked Mr. Smith to explain the hardship.
Mr. Smith stated that a 5 foot buffer along the driveway, would
make the driveway unusable. He stated the building isalready there,
the traffic would flow more smoothly and ease congestion.
Board member Huddleson asked Mr. Barnes if the use of this property
is limited to either a church or a school. Mr. Barnes stated if it
remained a church an appeal would not be needed, but this is a
change of use and so needs to adhere to Zoning Regulations for
parking lots.
Mr. Smith stated he met with neighbors to discuss the plan. He
believes to maintain the driveway would make sense.
No one was present in favor of this appeal.
Mr. Steve Mork, owner of 1405 Mountain Avenue appeared before the
Board. He stated he has serious problems with this plan. He
submitted to the Board a petition signed by 12 neighbors opposing
the variance. The main concern the neighbors had was the noise
level..
Board member Huddleson stated as a Board member he needed to be
clear about the hardship and take into consideration the public
good. With the petition from the neighbors and a lack of hardship,
he could not support this appeal.
Board member Cuthbertson stated he didn't think the driveway was
necessary, students could be picked up from three other locations.
If this appeal was granted it would affect the neighborhood and he
could find no hardship.
Board chairman Gustafson stated students could be dropped off on
McKinley and he thought the main purpose of the driveway was as a
loading area.
Board member Lancaster agreed.
Board member Huddleson moved to deny appeal #2053 for a lack of
hardship, believing that the school would still be able to function
without the driveway. Board member Cuthbertson seconded the motion.
Yeas: Cuthbertson, Gustafson, Wilmarth, Huddleson, Lancaster.
Nayes: None. The motion passed.
Zoning Board of Appeals
February 11, 1993
Page 4
The next meeting will be held at 8:45am. The Board will meet at
8:00 for their annual breakfast meeting.
Bob Gustafson, Chairman Peter Barnes, Zoning Admin.
I*cI
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ZONING BOARD OF APPEALS
February 11, 1994
1. Roll call.
2. Appeal 2052. The variance would reduce the required rear
yard setback along the northwest lot line from 15 feet to 10
feet, in order to allow a garage addition to this home which
is located in the RLP zone. Section 29-148, 29-133 (4) by
Doug Anderson, 1207 Standish Ct..
3. Appeal 2053. The variance would reduce the required landscape
strip along the west lot line from 5 feet to 0 feet in order
to allow the use of the property to change from church to
private school. The property is located in the NCL zone.
Section 29-493 (1) by Vic Smith for Oakwood School, 1401 W.
Mountain Avenue.
4. Other business.