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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 09/14/1989We R :•7;,.. September 14, 1989 The regular meeting of the Zoning Board of Appeals was held on Mnhrsday, Septem- ber 14, 1989 at 8:30 a.m. in the Council Chanber of the City of Fbrt Collins City Hall. Roll Call was answered by Boandmenbers Lawton, Wilmarth, Lancaster, Spig ht, Thede. Staff present: Barnes and Zeigler. Mimrtes of the Pagular Meeting The minutes of the August 10, 1989 regular meeting were unanimously approved. Appeal #1932. Section 29-133(5), 29-472(a) by Fled Gile, cares - 1305 W. Mountain - Approved with arrlitions --The variance would reduce the required setback from 5 feet to 3 feet, and allow the eave overhang to extend 2 feet 8 inches into the required setback instead of the 2 feet allowed by code. The variances are for a new detached garage in the M zone to replace an existing one. —Petitioner's statement of hardship: The petitioner desires to replace a very old existing nen-eonfooming garage, which actually a croaches on the adjacent pmjr erty, with a new garage. The lot is narrow and moving it over would eliminate too much of the backyard. Mus location would also allow the existing driveway to be utilized. The same variance was approved in 1986, but the petitioner did riot obtain a building permit prior to the variance expiring. —Staff ocrnenhts: None." Peter Barnes asked boatxImembers to look at their attached surveys and they would be able to see the a ncmacim a nt as described in the variance request. He said that the building code and the fire code are being met in building this garage. Board - member Iarcaster asked if the save would overhang 6 to 8 inches or 2 feet 8 inches. Mr. Barnes asked that Mr. Gile answer that gicskic n. Mr. Gile explained that the setback is three feet from the foundation and the over- hang on the save is 6 to 8 inches. He is planning to use the existing driveway and will put an addition on the house in the spring. 7here was no one present to speak for or against the variance. ZBA Minutes September 14, 1989 Page 2 Bcardmaber Lawton asked if there was an elevation plan available. Mr. Gile said no, there wasn't. He said it would be a one car garage that is long to establish stop area and the building will be a little wider than the existing garage. He plans to use most of the extra space for storage. Peter Barnes said the request for the variance as written should be changed to spe- cify Section 29-133(5) only eliminating the warding of the eave overhang extending 2 feet 8 inches based on the petitioners statement that the eave would only extend 6 to 8 incises. BoardmmTbes Thede made a motion to approve the variance for Section 29-133 (5) with the condition it is built as the proposed dimensions stipulate. The motion was seconded by BoardneWter Wilmarth. Yeas: Lawton, Wilmarth, Iancaster, Spite and Thede. Nays: None. Appeal #1933. Section 29-595(h) by Mike Dellonbach, owner - 3111 S. College - Arp oved with conditions "--'the variance would allow a property to have 2 freestanding signs on College Avenue instead of the 1 allowed by code. This would allow the installation of a new 19 square foot per face sign advertising " RVI. (The property has 2 street frontages so it is entitled to have 1 sign on each street) . —Petitioner's statement of hardship: See attached letter. In addition, the property has a lengthy frontage of over 400 feet and the signs would be about 180 feet apart, so there would be no clutter. 'This is a new product line and a sign is necessary. The building is over 240 feet from college Avenue, so a sign on the building would not be readily visible unless it were substantially bigger than the proposed sign. All of the other car dealer buildings are close enough to the street to put signage on the building. The petitioner will rot install a sign on Mason, so this is really a request to redistribute the signage. Staff convents: The location of the building being so far from the street is somewhat of a hardship. If the Board grants this variance, consideration should be given to placing a condition that no freestanding sign is allowed on Mason." Peter Barnes explained i noon that Dellernbadh Chevrolet has frontage on McClelland and College. If they wanted to put a free standing sign on McClelland, they could with- out a variance; but since they wish to put it on College, a variance is required. He pointed out that the sign meets all of the size and setback requirements and is less than 1/2 the height, at ten feet, than the existing Chevrolet sign. For informational purposes, Mr. Barnes said that Dellenbach is allowed 800 square feet of signage and are only using apprcximately 200 square feet. Mike Dellenbach said GM policy restricts sales of the "CAD" without display of the sign. He said other car dealer buildings are closer to the street, but his building sits off of the frontage road and visibility of signs on the building is more diffi- cult. Boardumber Thede said she didn't have a problem with the size of the sign, but wondered if Mr. Dellenbacn would agree to a restriction eliminating other free ZBA Minutes September 14, 1989 Page 3 standing signs on McClelland. Mr. Della nbacn said he would have no problem with that. Boardmember spight made a motion to approve the variance with the condition that no additional free standing signage be placed on the property and that the sign is installed per size of drawing suhmitted. the hardship is the traffic and customer patterns at this location. The motion was seconded by Boardmember Thede. Yeas: Lawton, Wilmarth, Lancaster, Spight, Ihede. Nays: None. Appeal #1934. Section 29-492(4), 29-493(2)(f) by Richard Payne, property manager - 1701 Willcx Oourt - Partial axnroval "—ele variance would allow a parking area surface to be dirt and gravel (not hard surfaced) and would eliminate landscaped islands for an accessory parking lot in the II, zoning district. —Petitioner's statement of hardship: Mie parking area is used for the storage of trailers, With fewer than 5 trucks per day coming in. The landscaped islands would make it inpossible for the trucks to hake their turniM movements. ---Staff comments: None.11 Boardmember Spight declined to participate in this appeal because of a potential conflict of interest. One of his relatives was speaking against the variance. Peter Barg said a cxaplairit had been filed by adjacent property owners stating iq=Wer use of this property in this zone. When investigated it was detained that by using the lot as a parking lot, it constituted a change of use. When a change of use occurs, certain improvements mist be made before the change is approved or they must obtain a variance or cease the truck operation. Off street parking lots are ck in this zone, but mist have a hard surface, interior landscaping, and perimeter im dscapinng. The property in question is totally a nigx ved. The green areas on the lot are weeds, rot grass. Richard Payne, property manager, said the property locks good compared to other properties. He knew the board couldn't consider economics but stated the owner has a negative cash flow on the hulduV. Most of it is vacant. Ule trucking operation is strictly a dispatch enter for all of the western United States. njere are only taco or three employees in the office. They have been there for 1-1/2 years and pay $630 per month. Their lease expires next ommer. In the past there has been a fiber optic school in the building, and a machine shop that did Volkswagen repair. U-=e is currently a body shop in the building. unfortunately, there is no nice clean high tech use in this area. He said that Wi.11cx Oast is a rough street with no curbs and that this building is one of the nicest in the area. He said interior islands will block trucks tanning abilities on the lot. ZBA Minutes September 14, 1989 Page 4 Mr. Delmar Shipley, 218 W. Willmc Iane, spoke against the variance. He showed the Board pichwes demonstrating what the roads are llk-after rain or snow when the trucks track mud all over Willox Cast and Lane; pictures stowing the type of housekeeping on the lot; pictures verifying that the west lot is also used by trucks and the auto body stop; and pictures showing a raw of dead poplar trees that Mr. Shipley believes were killed by the smoke from the treks. Mr. Shipley said in the past, as many as twenty trucks and vehicles a day, cane in and cut of the lot. Riot now, its a slaw period, and traffic has slowed down. Mildred Spight, 410 lives at 1724 Cedar St., said she had lived in the area for 37 years and the property was never used as a parking lot. More than five vehicles a day are in and out of the parking lot and Mrs. Spight was against the variance being given. Eleanor Shipley said that trucks are oaring in and cut ac stantly day and night. Am they warm the trucks up, they let than sit and idle for four and five hours. She was against the variance. Nettie Corners, 1712 Cedar St., spoke against the variance. She said they had a dump pile on the property that had attracted mice, rats and skunks. They had to call the city and complain to have it cleaned up. She put up a fence so that she wouldn't have to lock at it. There is also a 50-W gallon barrel filled with old oil that sits near her property. She feels it is a bad situation and she doesn't want to live with this near. BoardbnTher Thede said she didn't see a hardship. Boarder Lancaster said he sees a hardship for the interior islands but not the harts surface on the lot or the perimeter landscape. The property manager said he told them to park trailers on the other lot because they wouldn't be visible from the street. He said the body shop will have wrecked cars parked until they can fix them or use them for parts. He said if the Board denies the variance, the owner will ask the tenants to vacate, because he does not have the funds to pave more than 1/2 acre. Boartbmirber Lancaster said he would like to see them trade the interior islands ands for 15 feet of perimeter landscape all the way around the corner area. Boardkember Thede made a motion to deny the request to eliminate the hard sur- face (Section 29-492-2) and to approve the elimi.,atim of the interior landscape islands (Section 29-493-2(f)) . The motion was seconded by Boardmembex Wilmarth. Yeas: Iawtcn, Wilmarth, Lancaster, Thede. Nays: None. Appeal #1935. Section 29-592(2) by Rick Pike. owner - 400 S. Meldrum - Denied "—The variance would allow more than 1 identification sign for a principal use, specifically a 4.5 foot by 6 foot double faced grand sign in addition to an existing 14.7 square foot per face projecting wall sign for a restaurant use in the Ids zone. • zBh Minikes Sepkedxw 14, 1989 Page 5 The restaurant was converted from a house and still retains that look. The large trees along both street frontages cbstrvc:t visibility of the small projecting sign and passersby don't recognize it as a restaurant. Everything around the prop- erty is acmnerrial in dnaracter. This really is not a residential area. All the surrounding oases qualify for more signage. — cuff comments: Pion. n Marsanne's Cafe changed ownership and would lilac to add a free standing sign. A wall sign already exists. The wall sign can't be seem from the north or the south because of landscaping. In the BG zone, two signs are allowed. Although Mar- sanne's is in the RH zone, it is surrounded by dial rases in the BG zone. the neighborhood ood does rot have a residential nature. If the current sign were clown, a variance world not be needed. Mr. Pike said he had changed the sign design since applying for the variance. 'ihe row sign is 4.5 x 6 - 2 sided and internally lit. Mr. Barnes told the Board that the code has been changed to accept internally lit signs in the RH zone. Boardmember Lawton didn't see a hardship and felt if the old sign doesn't have vis- ibility, why laaep it. Mr. Pike said it was a very attractive sign and he would like to keep it if possible. Boardmember Spight felt there was lack of a hardship also. Boardmember Wilmarth said she had no problem with the new sign and rated that she had never had any pr lem finding the restaurant and frequented it often. Boardmember Miede made a motion to deny the variance mouse the hardship was self-inposed. 4he motion was seconded by Boardmember Iawtonn. Yeas: L wton, Wilmwrth, can aster, Splght, 7hede. NayB: None. Election of officers - Frank ranaster was elected as chairman; Chuck Buddleson was elected for Vice Orman. Conflict of Interest - Boarthumbers asked for something in writing from the City Attorney r;arr3i.g Conflict proOed S. llaspectful , y silmitted, Frank Lwmster, Chairman Peter Barnes, Staff Liaism