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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/09/19840 • ZONING BOARD OF APPEALS z y August 9, 1984 Regular Meeting - 8:30 A.M. A regular meeting of the Zoning Board of Appeals was held August 9, 1984 at 8:30 a.m. in the Council Chambers of the Collins City Hall. Roll call was answered by the following Murphy, Dodder, Walker, Johnson, Szopinski, Thede and Lieser. Staff Members Present: Barnes, Zeigler, Frazier Minutes of the Regular Meeting of July 12 1984 were approved on Thursday, . City of Fort Boardmembers: The minutes of the July 12, 1984 regular meeting were unanimously approved by the members of the board. Appeal #1555. Section 118-81(D)(2)(a), 118-81(E)(1) by Jim Becker for Data Service Center, 324 Remington Street - Approved with condi- tion There were no notices or letters returned. "---The variance would reduce the required parking lot setback from the sidewalk on Remington Street from 10 feet to 9 feet, and would elimi- nate the requirement to provide a loading zone for an addition to a business in the BG zone. ---Hardship pleaded: The petitioner feels a large loading zone is not needed since most deliveries are made by UPS size trucks. The parking stalls are already downsized to the minimum size allowed, so there is no way to gain another foot of setback from the sidewalk without eliminating a couple of parking stalls. Also, the parking is actually setback 25 feet from the curb on Remington Street. ---Staff recommendation: Approval." Bo Brown represented Mr. Becker as contractor for the project. The Board felt that there shouldn't be a problem with the variance as long as the use of the building did not change. Mr. Brown said that they would agree to that condition. Boardmember Szopinski made a motion to approve Appeal #1555 for the hard- ship stated with the condition that the use of the building go unchanged. The motion was seconded by Boardmember Dodder. Yeas: Murphy, Dodder, Johnson, Szopinski, Lieser. Nays: None. Appeal #1556. Section 118-41(F) by Duane Johnson, 1623 South Lemay Avenue - Approved There were no notices or letters returned. "---The variance would reduce the required side yard setback along the north lot line from 5 feet to 1 foot for a carport attachment to an existing garage in the RP zone. ---Hardship pleaded: This proposed location is the only feasible place to put the small carport. There is a large tree behind the house, pre- venting it from being located behind the house, and there is an at- tached greenhouse on the south side of the garage, so the carport can't go there. The owner doesn't feel it is practical to locate it on the south side of the lot because it would be far removed from the garage. ---Staff recommendation: Approval if there are no objections from the neighbor to the north. Duane Johnson, owner of the property at 1623 South Lemay Ave. told the Board of his concerns to stay within the law but restated his hardship. Zoning Administrator Peter Barnes explained to the Board that if the carport were not attached to the garage Mr. Johnson would not even need a permit. The fact that it is attached is the reason Mr. Johnson needs a variance. Boardmember Murphy made a motion to approve Appeal k1556 for the hardship stated. The motion was seconded by Boardmember Lieser. Yeas: Murphy, Dodder, Johnson, Szopinski, and Lieser. Nays: None. Appeal #1557. Section 118-43(F) by Darlene McGuire, 324 S. Loomis - Approved There were no notices or letters returned. "---The variance would reduce the required side yard setback along the north lot line from 5 feet to 3.5 feet for a second story addition to a single family residence in the RM zone. ---Hardship pleaded: The petitioner desires to move in with her elderly parents who already live there. The addition would be for extra needed floor area. The new second story will be built right on top of the first floor, so it will not be any closer to the lot line than the existing house. The height of the home will only increase by about 3 inches. ---Staff recommendation: Approval." -2- Darlene McGuire explained to the Board that she wishes to take care of her elderly parents but must have more space for her personal belongings. Zoning Administrator Peter Barnes told the Board the dormer addition that they propose will be built right on top of the first stroy. If they would set the dormer addition back 18 inches, no variance would be needed. John Hill, the tenant to the north of 324 S. Loomis, spoke in opposition to the variance. He said that the houses are so close together now that in the winter month, sun does not shine between the house and snow and ice build up are quite a problem. He feels the dormer addition would make the problem worse. Chuck Mabarak, owner of the property to the north, said that he felt his property value would lower because of the lack of sunshine on the property. Several of the Boardmembers looked at pictures and said they felt the three inch rise of the roof line would not make any difference to the neighbors. Boardmember Dodder made a motion to approve the variance for the hardship stated. The motion was seconded by Baordmember Szopinski. Yeas: Murphy, Dodder, Johnson, Szopinski, Lieser. Nays: None. Appeal #1558. Section 118-81(D)(1)(c)[3], 118-44(E), 118-81(E)(1), 118-81(D)(2)(b)[6], 118-81(D)(2)(a) by Barry Cunningham, owner -Ed Zdenek, architect, 1240 Doctors Lane - Approved There were no notices or letters returned. "---The variance would allow 5 parking spaces to be located between the street and the building; it would reduce the rear yard setback from 15 feet to 0 feet. The variance would also eliminate the requirement to provide one off-street loading space, and would reduce the amount of interior parking lot landscaping from 6% to 3% and eliminate the required 5 footoparking lot setback along the north, east, and west lot lines for a medical building in the RH zone. ---Hardship pleaded: The rear yard setback reduction is requested to allow a trellace to cover the rear row of parking for shade and aesthe- tic reasons. The parking lot setback reductions are requested in order to obtain as many parking spaces as possible to satisfy adjacent property owner's concerns. The front parking lot is existing and will serve as a joint parking lot. The Doctors who own the land on which the existing parking lot is located refuse to give permission to have existing parking spaces converted to landscape islands, thus it is hard to meet the landscape requirements. The lot is screened from the street with a berm and intensive landscaping already which gives the parking lot enough landscaping anyway. ---Staff recommendation: Approval of everything except the elimination of the required 5 foot parking setback along the east lot line." -3- Zoning Administrator Peter Barnes explained to the Board that this piece of property had been before the Board several times. He also said that the request was reasonable but that he would like to see the 5 foot parking setback along the east lot line required. Attorney Art March told the Board of the unconventional property line between the properties. He said that it makes it difficult to work with the property. The property is also tied up in legal disputes. He pointed out to the Board a landscaped berm in the parking lot, but said that it didn't qualify as interior landscaping. Mr. March assured the Board that if all of the doctors involved and adjacent property owners did not approve of this, it would be changed. This variance is essential at this point. Boardmember Murphy made a motion to approve Appeal #1558 for the hardship stated. The motion was seconded by Boardmember Szopinski. Yeas: Murphy, Dodder, Johnson, Szopinski, Lieser. Nays: None. Other Business Boardmember Johnson asked approval on the letter he wrote to Mr. Tom Metcalf regarding the beefcake review at the Electric Stampede. Motion was made by Szopinski to approve the letter. The motion was seconded by Boardmember Murphy. Yeas: Murphy, Dodder, Johnson, Szopinski, Lieser. Nays: None. Zoning Administrator Peter Barnes told the Board that next month would be the annual meeting and new officers would be chosen. The meeting was adjourned. rman Secretary