HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 07/13/1989ZONING BOARD OF APPEALS
Minutes - Regular Meeting
July 13, 1989
The regular meeting of the Zoning Board of Appeals was held on Thursday, July
13, 1989 at 8:30 a.m. in the Council chambers of the city of Fort Collins City
Hall. Roll call was answered by Boardmembers Frank Lancaster, Dave Lawton,
Paul Nelson, William Spight, Chuck Huddleson, Carole Wilmarth.
Boardmembers absent: Jane Thede
Staff Present: Barnes and Zeigler
Minutes of the Regular meeting of June 8, 1989
Approved as Published
The minutes of the June 8, 1989 meeting were unanimously approved.
Appeal #1924. Section 29-253(3)(h) by Donovan and Dorothy Commack, Owner -
2211 W. Mulberry #64 - Approved
"---The variance would reduce the minimum required separation between a mobile
home and a building in a mobile home park from 14 feet to 11 feet 4 inches
for a 6 x 11 addition to a mobile home in the ML zone.
---Petitioner's statement of hardship: the owner desires to add a small pantry
addition to the side of their mobile home. Approximately 5 feet of the
proposed addition will be only 11' 4" from an existing adjacent shed. The
addition can only be at this location due to the location of the door on the
home. this is an existing mobile home park.
---Staff comments: None."
No notices or letters were returned.
Zoning Administrator Peter Barnes said no property lines exist in a mobile home
park, therefore they deal with building separation instead. The building separa-
tion for a mobile home is more stringent than a normal single family dwelling
unit, where sheet rock is used and acts as fire protection. A regular single family
would require a 10 foot separation between buildings. Because fire spreads
quickly through mobile homes, the separation required is 14 feet. The problem in
this particular case is not the carport of the adjacent trailer, but the storage shed
in between. In Skyline Mobile Home Park all of the sheds are brick masonry and
are non-combustible. Mr. Barnes spoke to Poudre Fire Authority and they don't
see any problem because of the construction of the shed. If it were combustible
construction they would want the separation. Other mobile homes in this park
have additions, but at the time they were built, no permit was required.
Mr. Commack addressed the Board and said he wanted to add a pantry onto his
house. The existing tree won't be bothered, but may need trimmed. He didn't
think it made sense to change the position of the addition because it would either
cover up the window to the bathroom, the pantry would come off of the bed-
room area, or would interfere with screened porch and existing gas lines.
ZBA Minutes
Page 2
There was no one present to speak for or against the variance.
Boardmember Nelson said he had a concern with the fire hazard but if Poudre
Fire Authority had no problem with the situation he would go ahead and support
the variance. Boardmember Huddleson made a motion to approve the variance
for the hardship stated. The motion was seconded by Boardmember Nelson. Yeas:
Wilmarth, Huddleson, Lancaster, Lawton, Nelson. Nays: None. Motion carried .
Appeal #1925. Section 29-133(4) by George Lemos - 400 9th Street - Motion
denied
"---The variance would reduce the minimum required rear yard setback from 15
feet to 5 feet for a 22 x 30 foot detached garage in the RL zone.
---Petitioner's statement of hardship: The owner desires to build a detached
garage and eventually plans to either remodel and enlarge the existing home
or build a new home. If the garage is setback 15 feet, there will be very
little yard left for family use. The rear property line does abut an alley.
---Staff comments: The owner's future plans probably are not grounds for a
hardship, but the alley does help to satisfy the intent of the Code."
No notices were returned and no letters were received .
Petitioner George Lemos said he had lived in the house for forty years and would
like to add a two car garage with a work area in it. He enjoys wood working
and stain glass as a hobby and needs the area in the garage. Now there are three
storage sheds and the garage would eliminate them and would aesthetically
improve the area. The interior of the house has been remodeled. He plans to use
the existing gates to enter the garage from Buckingham.
Several of the board members had problems with the request because they didn't
see a hardship involved. Peter Barnes said that with the alley in the back of the
property the intent of the code is being met. He asked Mr. Remos if he had ever
considered rotating the garage so that access could be off of the alley. Mr.
Remos said he had just installed the fence and would like to enter through the
gates. If in the future he would build a new house he would set it back on the
lot and meet setback guidelines. The neighbors sheds and garages do not meet
any of the setback requirements, Mr. Lemos stated.
Boardmember Lawton said rotating the garage would increase yard size and meet
the setbacks, thereby solving a lot of problems. Boardmember Huddleson asked
other board members if there was a hardship with the size of the lot. Most
thought there wasn't. Boardmember Nelson said he was inclined to deny the
variance but in 1965 the zoning laws changed on this property with regard to the
alley. The hardship could therefore be imposed by the city. Boardmember Lan-
caster disagreed and said other options are available. Boardmember Lawton
commented that this is an oversized garage because of the hobby area. Eliminat-
ing this area is also an option available to the petitioner.
Boardmember Huddleson made a motion to deny the variance for lack of a hard-
ship. The motion was seconded by Boardmember Lawton. Yeas: Wilmarth, Hud-
dleson, Lancaster, Lawton. Nays: Nelson. The majority carried the motion .
ZBA Minutes
Page 3
Peter Barnes reminded the Board that election of officers would be held in
September. The meeting was adjourned.
Respectfully submitted,
Frank Lancaster, Chairman
J,A ax"'C+
Peter Barnes, Staff Liaison