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ZONING BOARD OF APPEALS
MINUTES
Regular Meeting
April 12, 1990
The regular meeting of the Zoning Board of Appeals was held on Thursday,
April 12, 1990, at 8:30 A.M. in the Council Chamber of the City of Fort
Collins City Hall. Roll call was answered by Boardmembers Thede, Wilmarth,
Lancaster, Lawton and Huddleson.
Boardmembers absent: Nelson and Spight
Staff present: Barnes and Goode.
Minutes of the Regular Meeting
of March 8, 1990, Approved as Published
The minutes of the March 8, 1990, regular meeting were unanimously
approved.
Appeal #1945. Section: 29-371 by Rick Hattman, architect - 1450 Riverside
Approved with conditions
"--The variance would reduce the required landscape buffer setback along
Riverside Avenue from 50 feet to 15 feet. This would be consistent with
other developments along Riverside. The project is a new building to be
used for door manufacturing for Collins Cashway. This property is
located in the IL zone.
---Petitioner's statement of hardship: See petitioner's letter.
---Staff comments: The section of Riverside Avenue between Prospect and
Lemay is a hodgepodge of zoning districts. There are six different
zoning districts in this short stretch. This project is located in the
IL zone, which is the only one of the six which requires such a setback.
All of the other zones in this area require only the 15 foot landscape
setback adjacent to the parking lot. There are three other businesses
on Riverside which are located in the IL zone, but they were all in
existence prior to the code being changed to require a 50 foot setback
in this zone.
The property line is 18 feet behind the sidewalk. This area will also
be landscaped, but it isn't shown on the plan submitted. The additional
18 feet will mean that the landscape setback at its minimum width will
be 33 feet, and the width at the other points along Riverside will be 50
feet."
April 12, 1990
Page 2
One notice was returned; the attached letter was received.
Zoning Administrator Peter Barnes explained to the Board that this
parcel is located on Riverside and is currently being used for outside
storage. As the owner of the property, Collins Cashway plans to
construct a new building to be used as a door manufacturing facility.
Mr. Barnes further explained that along this short stretch of Riverside,
six different zoning districts exist, and although several adjacent
parcels are zoned IG (general industrial), this is the only one which
requires a 50 foot setback. It seems that the neighboring businesses,
which are also in the IL zone, HOMEDCO, Benedict's Upholstery and Fort
Collins Glass, were all in existence prior to the code being changed in
1979; therefore, they comply with the code eventhough they don't have a
50 foot landscape setback. Boardmember Huddleson questioned the reason
for the code change in 1979. Mr. Barnes answered that because the IL
zone is sometimes surrounded by lower density zones (i.e. residential),
the intent of the code was for aesthetic purposes rather than safety
concerns. In this case, there are no adjacent lower density zones to
consider.
As a representative for the owner, Jim Gefroh, an architect/planner,
addressed the Board. He told the boardmembers that the owner intends to
develop this parcel within the limits of the IL zone; therefore, the two
site plans submitted are preliminary and still in the design stage.
However, the owner does feel that the 50 foot setback requirement is
unreasonable in comparison with the other development along Riverside,
thus the request for this variance. Currently, in the IL zone, the code
requires a 50 foot landscape buffer between the property line and
the building. In this instance, the property line is 18 feet behind the
curb. The petitioner proposes to provide plant groupings and landscaped
berms in the 18 feet between the street and the property line and the
landscaping will continue an additional 15 feet behind the property line
with intermittently spaced 17 foot landscaped islands along the
approximate 600 foot length of this lot. The petitioner feels that this
proposed application is consistent with the adjacent properties.
All of the boardmembers agreed that the 50 foot required setback does
represent a hardship and that the proposed development would be a good
use as well as an improvement to the area. Boardmember Lancaster,
however, was concerned about the lack of solid screening for the outside
storage area shown on the site plan. He feels that the intent of the
code is for aesthetic purposes and recommends that the intent be met by
providing adequate, solid screening from the street.
Boardmember Huddleson made a motion to approve the appeal with two
conditions. One, that the proposed building not be any closer than 32
feet from the front property line, and that the final site plans
submitted do not deviate substantially from those submitted with this
variance request. And two, the outside storage associated with the door
facility be solidly screened by means of fencing or landscaping. The
motion was seconded by Boardmember Thede. The Board voted unanimously
to approve the variance.
ZBA Minutes
April 12, 1990
Page 3
Other business
Boardmember Huddleson gave a brief report on a recent meeting that he
had attended for the Commission on the Status of Women.
The meeting was adjourned.
drg
Respectfully submitted,
Frank Lancaster, Chairman
Peter Barnes, Zoning Administrator
GEFROH HATTMAN INC.
ARCH ITECT.SIPLANNERS
CONSTRUCTION MANAGEMENT
135 West Swallow Road
Fort Collins, CO 80525
(303) 223-7335
March 29, 1990
Mr. Peter Barnes
Chief Zoning Officer
City of Fort Collins
Box 580
Fort Collins, CO 80522
RE: COLLINS CASHWAY PROPERTY 1400 Block of Riverside Avenue
Dear Peter:
We are submitting to you a request for a variance to the zoning regulation
for the IL Zoning and in particular the requirement for a 50-foot landscape
setback on arterial streets. The property in question is within the 1400
Block of Riverside consisting of approximately 2.8 net acres.
Our request for a variance is three fold. Our first reason is based on
investigation of the site and its surrounding properties on Riverside with
this same zoning finds that all other properties were "grandfathered" or
pre-existing to the setback requirements. Properties of the IG and BL
that also exist do not require setbacks of this nature.
We propose to keep a landscape setback that is consistent with the adja-
cent property which would be a continuous 15-foot setback on the property
with an intermittent landscape area of 17 feet allowing 70 percent parking,
30 percent landscape be set aside.
We also propose that no building be closer than 32 feet from the front
property line in any case. We think these setbacks are standard and ample
to provide an aesthetically pleasing streetscape.
As mentioned, our reasoning is three fold, the second of which is the size
of the property. The property is narrow in depth being restricted by the
railroad track and existing drainage easements due to the tracks. If a
fifty foot setback is enforced, the building depth at maximum ranges from
56 foot to 150 foot of depth dependent upon parking placement which is nar-
row for this type of building.
Our third reason is that a landscape buffer can be provided in other means
other than a simple 50 foot no building zone. By use of grouping of plant-
ing, berms, and landscape features, the same feeling of openness and soft-
ening of the built environment can be achieved.
Mr. Peter Barnes
March 29, 1990
Page 2
In summary we believe that the requirement for a 50-foot landscape set aside
is unreasonable because it has not been provided on another property on this
street. It is also a hardship because of the shape of this property and the
land available for construction. Open space can be achieved through other
landscape treatment other than a simple setback.
Your consideration of this matter would be appreciated.
Sincerely yours,
GEFROH TTMAN
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