HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 05/14/1992ZONING BOARD OF APPEALS
May 14, 1992
Regular Meeting - 8:30am
Minutes
The regular meeting of the Zoning Board of Appeals was held on
Thursday, May 14, 1992 at 8:30 am in the Council Chambers of the
City of Fort Collins City Hall. Roll was answered by Board members
Wilmarth, Gustafson, Cuthbertson, Anastasio, Lancaster, Huddleson.
Board members Absent: Perica
Staff Liaison: Peter Barnes
Council Liaison: Susan Kirkpatrick
Staff Support Present: Ann Reichert
Peter Barnes
Paul Eckman, City Attorney's Office
Minutes of the regular meeting of April 9, 1992,
approved as published.
Appeal 2024 - 920 North College Avenue by owner Dixie Johnson,
approved.
The variance would eliminate the requirement to provide
a 5 foot wide landscape buffer strip along the north lot
line, in order to allow the building to be changed in use
from a drive-in restaurant to a hair salon in the HB
zone. The rest of the landscape requirements will be
complied with.
----- Statement of hardship: The building is existing. The
change of use from restaurant to hair salon requires
that the property be brought into compliance with the
parking code. However, the building is located only
41 feet from the north lot line. In order to provide the
5 foot landscape strip and the parking stalls and
driveway, the building would have to be 46 feet from
the lot line. Therefore, the building would have to be
moved or the parking would have to be eliminated. All
other requirements of the parking code will be compiled
with.
1
Zoning Board of Appeals
May 14, 1992
Page 2
Zoning Administrator Peter Barnes explained this was formally
Connie's Drive In. The change of use triggered the requirement to
add landscaping.
Dixie Johnson, owner, appeared before the Board. She stated the
main issue is to wave the landscaping on the north side of the
building. She stated with the work she has planned on the building,
it will help beauty North College Avenue.
Peter Barnes stated the City is currently undertaking a study on
North College Avenue and the landscaping Ms. Johnson has planned
will be temporary until the study is complete and improvements are
done by the City.
No one was present in favor or in opposition of the appeal.
Board chairman Huddleson stated he was in favor or improving
property on North College and this would be a public benefit.
He stated the hardship was the configuration of the lot and how the
building was situated on the lot.
Board members Cuthbertson, Anastasio and Lancaster stated they
shared the same thoughts.
Board member Lancaster moved to approve Appeal 2024 for the
hardship stated. Board member Gustafson seconded the motion. Yeas:
Lancaster, Wilmarth, Gustafson, Huddleson, Cuthbertson, Anastasio.
Nayes: None The motion passed.
Appeal 2025 - 726 West Mountain Avenue by Charles Cote, approved
with condition.
----- The variance would reduce the required rear yard setback
from 15 feet to 5 feet for a new detached, two -car
garage, in the NCL zone. The new garage will replace
the existing one -car garage.
----- Statement of hardship: The existing garage is small
and encroaches into the side yard setback. The
petitioner desires to demolish it and build a new
two -car garage. The building can't be located any
further to the south because it is necessary to main-
tain adequate distance between the garage and the house
in order to get cars in and out of the building.
Zoning Administrator Peter Barnes stated this home is located in
the older part of town. Mr. Barnes surveyed the neighborhood and
found there are one and two car garages.
z
Zoning Board of Appeals
May 14, 1992
Page 3
Mr. Cote, owner, appeared before the board. He stated his lot was
shortened in 1940. The present garage was built for older cars and
not suitable for the new modern cars. He is forced to park two
vehicles on Mountain Ave. He submitted to the Board architectural
drawings for the new two -car garage. He stated it will be low
impact to the neighborhood and the old brick will be used in
exterior design.
No one was present in favor or in opposition of the appeal.
Board member Lancaster asked if this was a standard two -car garage
and were there other two -car garages in this neighborhood. Mr.
Cote stated this was not uncommon, there were several carriage
houses in the area.
There was considerable discussion about the size of the garage and
the fact that it had a 2nd floor for storage.
Board chairman Huddleson confirmed with Mr. Barnes that if the back
lot line had not been changed, there would be no need for Mr. Cote
to apply for a variance.
Board member Lancaster stated this lot was unique because the
separation of the back yard actually faces the side yard.
Board member Gustafson moved to approve Appeal 2025 with the
condition that size be limited to size submitted with this
application for the hardship stated. Board member Wilmarth seconded
the motion. Yeas: Lancaster, Wilmarth, Gustafson, Huddleson,
Cuthbertson, Anastasio. Nayes: None The motion passed.
Anneal 2026 1200 Windsor Road by Craig Jobe, owner, approved with
condition.
----- The variance would allow a home occupation to be
conducted with two employees, who don't reside in the
home, instead of the one employee allowed by code.
The home occupation will be for a crown and bridge
dental laboratory, which does not involve client
traffic.
----- Statement of hardship: The business will generate no
traffic and will have less impact than permitted home
occupations such as hair salons and insurance agencies.
The business is currently located in Loveland, with
two employees, and the owner desires to relocate to
Fort Collins. The use will be conducted in the rear
portion of an R.V. garage, and will not be visible
from the street.
i
��.d of Appeals
1992 located
9 stated this home will be
,or, Barnes City limits. No clients
ing Administrator peter Btskirts of the will be located in the
12 acres and is on the laboratory
//will visit the business anthed street.
garage, not visible from He submitted
appeared before the Bans The house
obe
Mr. Craig Jobe, owner, the proposed house p
a breezeway• only
drawings to the Boardof
be connected with employees will
traffic will be minimal, his two
garage/laboratory, day
stated the and leave once a appeal.
come once a day . „nnosition of the
No one was present in favor u� a because
appeal may be considered unique
the home
e and is al a rural setting,
Mr. Paul Eckman stated large this aPP more urban areas.
this lot is so designed for
occupation ordinance is a rural area, the code is
stated this is limited and won't
Cuthbertson the traffic will be
Board member this area.
aimed at more urban areas, with the
generate more traffic throughapprove Appeal 2025
moved to PP crown
Board member. Lancaster occupation license be limited the motion.
Board member Anastasio seconded
Cuthbertson,
condition that the home Huddleson,
and dental laboratory. marth, Gustafson,
Yeas: Lancaster, None The motion passed.
Anastasio. Nayes:
- 1200 LaPorte Avenue by Paul Munana,
owner, approved.
Avoe� 2027 required rear yard setback
__ The variance would reduce eet and the required side yard
__ 4 feet in
from 15 feet to 11.5 a with a collapsed
setback along the east lot line from 5 feet o
one -car garage, two -car
order to allow an older,Teconstructed into a footprint.
lean-to additionthe previously existing building
garage using the NCL zone.
The property is in
The building is old and has been
___ ears. A lean-to addition
__ Statement of Hardship:
in this location for about 40 Y changing the roof,
recently collapsed and the owner would like to rebuild
using the existing walls. BY garage. However,
it, the hope is to make a two -car g rior to the
trusses, will be the exact same sill
thesexisting
the building reconstructed on
collapse and will be
concrete pad• taking part in this
self
Board chairman Huddles
conflict ofcint reon exused st. from
appeal due to a
Zoning Board of Appeals
May 14, 1992
Page 5
Zoning Administrator Peter Barnes stated this is an older part of
town. The proposed two -car garage will be the same footprint as the
previous one.
Board member Gustafson asked Mr. Munana if the cement was poured
recently. Mr. Munana stated he thought it had been there for 40
years. Mr. Munana submitted pictures to the Board. He stated he
intended to use new lap board to add support and to extend the back
and side walls. He does intend to put electric in the building and
use materials to match the garage to the house.
No one was present in favor or in opposition to the appeal.
Board member Lancaster stated he felt this was a bad situation and
the home owner was making it better. Board member Anastasio stated
this was an excellent improvement to the home.
Board member Wilmarth moved to approve Appeal 2027 for the hardship
stated. Board member Lancaster seconded the motion. Yeas:
Lancaster, Wilmarth, Gustafson, Cuthbertson, Anastasio. Nayes: None
The motion passed.
Appeal 2028 - 1220 South College Avenue by petitioner Kevin and Ed
Zdenek, tabled.
The petitioner was not present. Board member Gustafson moved to
table Appeal 2028. Board member Cuthbertson seconded the motion.
Yeas: Lancaster, Wilmarth, Gustafson, Huddleson, Cuthbertson,
Anastasio.
The meeting was adjourned.
CH/PB:aer
Chuck Huddleson, Chairman
�L /3 �.
Peter Barnes, Zoning Administrator
ZONING BOARD OF APPEALS
May 14, 1992
1. Roll call.
2. Appeal 2024. The variance would eliminate the requirement to
provide a 5 foot wide landscape buffer strip along .the north
lot line, in order to allow the building to be changed in use
from a drive-in restaurant to a hair salon in the HB zone.
The rest of the landscape require-ments will be complied with.
Section 29-493 (1) by Dixie Johnson, 920 College Avenue.
3. Appeal 2025. The variance would reduce the required rear yard
setback from 15 feet to 5 feet for a new detached, two -car
garage, in the NCL zone. The new garage will replace the
existing one -car garage. Section 29-119 (4) by Charles Cote,
726 W Mountain Ave.
4. Appeal 2026. The variance would allow a home occupation to be
conducted with two employees, who don't reside in the home,
instead of the one employee allowed by the code. The home
occupation will be for a crown and bridge dental laboratory,
which does not involve client traffic. Section 29-459 (1) by
Craig Jobe, 1200 Windsor Road.
5. Appeal 2027. The variance would reduce the required rear yard
setback from 15 feet to 11.5 feet and the required side yard
setback along the east lot line from 5 feet to 4 feet in order
to allow an older, one -car garage, with a collapsed lean-to
addition to be reconstructed into a two -car garage using the
previously existing building footprint. The property is in
the NCL zone. Section 29-119-(4) by Paul Munana, 1200 Laporte
Ave.
6. Appeal 2028. The variance would increase the maximum height
requirement for a 36 square foot freestanding sign, at a 7
foot setback, 'from 13 feet to 15 feet. The variance would
allow the current pole -mounted sign to remain in its present
location. The property is located in the BL zone. Section
29-595 (C) by Kevin & Ed Zdenek, 1220 S College Ave.