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MINUTES
Special Meeting
May 19, 1989
The special meeting of the Zoning Board of Appeals was held on Friday, May 19,
1989 at 8:30 a.m. in the Council Chambers of the City of Fort Collins City
Hall. Roll call was answered by Boardmembers Lancaster, Lawton,
Huddleson, Thede.
Boardmembers absent: Wilmarth and Nelson.
Staff present: Barnes, Zeigler and Eckman.
Appeal #1920. Section 29-203 (1), 29-203 (2) by John Giuliano, contractor,
817 Remington - Approved with conditions
"---The variance would reduce the required lot area from 6,000 square feet to
4,900 square feet and the required lot width from 60 feet to 35 feet for a
new duplex in the RH zone.
---Petitioner's statement of hardship: This lot is existing, and the house
that currently exists on the lot is dilapidated and needs to be demol-
ished. The owner would like to build a duplex in its place. All setbacks
and parking are being met. This is a compatible land use for the neigh-
borhood.
---Staff comments: None."
This variance was tabled at the May 11, 1989 meeting. The board requested
submission of a site plan and an elevation plan before they would consider the
request.
Petitioner, John Giuliano said that the duplex will be a mirrored image of the
four plex next door. They designed it to save the tree in the front. Now a
one foot setback on the north will be replaced with a five foot setback. The
distance between buildings will be improved. He insured the board that the
building would not be more than two stories and would not have a basement.
There is an existing root cellar, but the intention is to use it as a deep
crawl space.
Lydia Dody, owner of the property, said that she has done research at the
library and would like to design the exterior similar to post Victorian arch-
tecture. Aesthetic changes will be made to the plans to make it more authen-
tic to the Victorian period. The foot print will remain the same.
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Boardmember Huddleson asked if the five foot setback in this zone is accept-
able. Peter Barnes responded that it is acceptable.
There was no one present to speak for or against the variance. Boardmembers
Thede and Lawton said they had no problem with the variance and Boardmember
Thede made a motion to approve the variance for the hardship stated with the
condition that it is built as the foot print and elevation plan state. The
motion was seconded by Boardmember Lawton. Yeas: Lancaster, Lawton, Huddle -
son, Thede. Nays: None.
Other Business.
Zoning Administrator Barnes asked if anyone in the audience had further busi-
ness. Greg Bever addressed the board and asked that they reconsider Appeal
#1915 that was denied on the 11th of May, 1989. He feels he has additional
information that may make a difference to this variance.
Boardmember Thede made a motion to approve the request to rehear Appeal #1915.
The motion was seconded by Boardmember Huddleson. Yeas: Lancaster, Lawton,
Huddleson, Thede. Nays: None.
Appeal #1915. Section 29-133 (2) by Neal Bronsert, potential owner and con-
tractor, 4142 Saddle Notch - Approved.
"---The variance would reduce the required lot width from 60 feet to 56 feet
for a new single family home in the RL zone.
---Petitioner's statement of hardship: Medema Homes platted this subdivision
approximately 10 years ago. This lot was platted as a virtually unbuild-
able lot, since any house built which exceeds 7.5 feet in depth would
require a variance.
---Staff comments: None"
Peter Barnes pointed out some assumptions that boardmembers had at the last
meeting that were not correct. He explained that the lot, in fact, is a
buildable lot. He went over the site plan with the boardmembers and showed
them measurements that would allow a small house, inconsistent with the
neighborhood, to be built. The variance would be for lot width only.
Greg Bever, owner of the property, told the Board that he bought the lot three
years ago. He checked the setbacks at the time and determined that minimum
requirements could be met. This lot sits at the entrance of the subdivision
and would be the first impression people get of this area, thereby making it a
very important lot. Mr. Bever said that he reviews every set of plans that
are built in the area, acting as an architectural review committee, and feels
Mr. Bronsert's drawings would fit into the neighborhood well.
Boardmember Huddleson asked about staff comments at the July 14, 1983 meeting,
recommending denial. Mr. Barnes said that Medema platted the subdivision and
they were notified that 60 feet lot width was required. When Medema requested
the variance nothing else had been built and the subdivision could have been
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replatted. The hardship was self-imposed at that time. Now the lot has
changed hands three times, the neighborhood is almost complete and replatting
is not an option.
Neal Bronsert, potential buyer, said that a water and sewer tap was purchased
and Medema definitely wouldn't have paid for them if the lot was intended to
remain a parking lot. He feels the house he proposes to put on this lot would
add much more to the neighborhood than a paved lot with weeds.
Greg Bever said that he talked to the neighbors about the house being built on
this lot and they all approve.
Boardmember Thede said that originally she had opposition because she wanted
to send a message to developers and the city that variances would not automat-
ically be given. She feels if any hardship is apparent it is that the lot is
an eyesore to the neighborhood. She therefore made a motion to approve the
variance based on the foot print submitted.
Boardmember Huddleson said he struggled with the city approved illegal lots
and felt a message needs to be sent stopping this practice, but not at these
contractors expense. Appealing to city council might have been a good idea to
get this message across, but he felt that it was not up to ZBA to deal with
policy, but rather to grant relief when it is appropriate. He then seconded
the motion. Yeas: Lancaster, Lawton, Huddleson, Thede. Nays: None.
Boardmember Lancaster said that he had the same concerns and by request of the
board will draft a letter to council for the board to view at the next meet-
ing.
Respectfully submitted.
Frank Lancaster, Chairman
Peter Barnes, Staff Liaison