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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 04/13/1989` • • ZONING BOARD OF APPEALS MINUTES Regular Meeting - 8:30 A.M. April 13, 1989 The regular meeting of the Zoning Board of Appeals was held on Thursday, March 9, 1989 at 8:30 A.M. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Nelson, Lancaster, Wilmarth and Lawton. Boardmembers absent: Thede and Huddleson. Staff Present: Barnes, Zeigler, Eckman Minutes of the Regular Meeting of March 9, 1989, Approved as Published The minutes of the March 9, 1989 meeting were unanimously approved. Appeal #1910. Section 29-592 (3) by Steve Robinson, Realtor - 1700 S. Shields - Approved with conditions "---The variance would allow a "for sale" sign in the RP zone to be 64 square feet per face instead of the allowed six square feet. The sign would advertise a tract of land along Shields Street containing 21 acres, known as The Pulse PUD. This PUD was approved for a mix of commercial uses in Phase I, but is located in a residential zone. ---Petitioner's statement of hardship: One six square foot sign would not be visible enough to market 21 acres. The land lies lower than the street, so a small sign is even harder to see. ---Staff comments: Similar variances have been granted by the Board in the past, but normally the signs have been in the 30 to 40 square foot range." Zoning Administrator Peter Barnes said the lot in question is at the corner of Shields and Hobbit. To the north are the Landmark Apartments and the North- wood Apartments are to the west. There is an elevation change of four to five feet on this property. It is known as the Pulse P.U.D. and was approved for mixed use. Brad March representing Steve Robinson said that he had driven by the property in question this morning and noticed that Everitt Properties has a similar sign to the south. The southwest corner of Shields and Prospect has a similar sign. He feels based on the size of this particular lot and the elevation changes that this is a reasonable request. They are planning on using an existing sign that is 8' by 8'. It will be black with Stephen & Co. printed on it and it will not be illuminated. Boardmember Lawton asked if it would be a ground sign. Mr. Barnes responded, yes. Ms. Wilmarth asked if it would be a temporary sign. Mr. Barnes ZBA Minutes April 13, 1989 Page 2 explained that it is, but when it became a permanent sign they could by right have a sign twice as big. There was no one for or against the variance in the audience. Boardmember Nelson felt there was legitimate cause for the variance due to the elevations on the lot. Boardmember Lancaster said that most signs have been 4 x 6 or 6 x 6-and thought he would like to see the sign reduced in size. Boardmember Lawton made a motion to grant the variance with conditions. Those being that the term of the variance will expire in 18 months and that the sign be designed per submitted plans, without exterior lighting. The motion was seconded by Boardmember Nelson. Motion carried 4-0. Appeal #1911. Section 29-591 by Royce Johnson, tenant, 1802 W. Mountain - Approved with condition. "---The variance would allow a 32 square foot per face, double face, free- standing sign to be erected for a business use in the RM zone. Specifi- cally, the sign would be for The Colorado Monument Co.. ---Petitioner's statement of hardship: The sign code does not provide for signs identifying commercial uses in residential zones. The business is a nonconforming use and has been used as a monument works for about 30 years. The owner wishes to erect a new sign to replace the existing one which is in bad repair. ---Staff comments: The Board granted a variance to allow the existing 17.5 square foot per face sign in 1981." No notices were returned. The attached letter was received. Peter Barnes told the Board of a variance given in 1981 for the existing sign. This lot is commercial in a residential zone but is not a P.U.D. therefore, the code allows no sign. The existing sign has 17-1/2 square feet per face and they are proposing 32 square feet per face. Petitioner Royce Johnson said the sign will sit farther off of the road than the present sign. The monument displays will be moved back within thirty to forty feet from the house. Traffic from the cemetery is where most of their business comes from. Before the property was annexed into the city, no requirements existed. The petitioner explained that the sign will be lower but larger. An awning will be added to the front of the building which will help the appearance of the property. Boardmembers asked if the monuments constituted a sign. Peter Barnes said if they had the name of the company on them, they would be a sign. These don't have the name of the company on them. Suggestions from the Board ranged from size reduction, different setback, monument removal, height limitation. Boardmember Wilmarth felt he would be ZBA Minutes April 13, 1989 Page 3 helping the neighborhood by improving the appearance of the property. Boardmember Nelson made a motion to approve the variance with the condition that the sign-be'reduced to 4 x 6 and be posted at ground level. The monu- ments must be within 40 feet of the building. Boardmember Wilmarth seconded the motion. Motion carried 4-0. Appeal #1912. Section 29-133 (3) by Theo Otte, owner, 2445 W. Elizabeth - Approved for hardship stated "---The variance would reduce the required front yard setback for a garage and bedroom addition to an existing single-family dwelling in the RL zone from 20 feet to 8'10", the same setback which exists on the present home. ---Petitioner's statement of hardship: The existing house is already noncon- forming at an 8'10" setback. The proposed addition will line up with the existing wall. If the addition were moved back, the windows to 2 bedrooms would be blocked, thereby reducing light and ventilation. The curb cut is existing, and because of the large trees bordering the driveway it is also desirable to enter from the south side. Even at an 8'10" setback the addition will still be over 20 feet from the curb since the property line is 12 feet from the street. ---Staff comments: None." No notices or letters were received. Theo Otte, Petitioner, said the farm house was built in 1900-1910. It has a sound structure and they are trying to upgrade the property. It doesn't have an existing garage and needs to have another bedroom and a bathroom moved. It will be more pleasing to the eye when it is completed. The porch is not sound and will be replaced. They will be saving all of the old trees. Guy Bixby, 2437 W. Elizabeth, spoke in favor of the variance. He said that the Ottes have improved the property by cleaning up trash and feels their idea on the expansion will only improve the property. Boardmember Lancaster suggested they involve an arborist so that the root sys- tem of the big trees are not damaged in construction. Boardmember Nelson thought the addition would look very nice on the property. Boardmember Nelson made a motion to approve the variance as per the submitted plans, for the hardship stated. The motion was seconded by Boardmember Law- ton. Motion carried 4-0. OTHER BUSINESS Council Liaison Dave Edwards appeared and thanked the Board for doing their job. He felt it took some commitment by Boardmembers and having sat in on the meeting, liked what he saw. He said he hopes the Board feels good inside about making a difference in Fort Collins. He explained that he would be the • ZBA Minutes April 13, 1989 Page 4 communication link between the Board and Council. If anyone has any problems, he asked that they give him a call. Paul Eckman reviewed Roberts Rules of Order for the Board and answered their questions. He also provided copies of the Diagram of Parliamentary Motions in Order of Precedence. The meeting was adjourned. Respectfully submitted, Frank Lancaster, Chairman Peter Barnes, Staff Liaison