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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/08/1985C.`e r k ZONING BOARD OF APPEALS August 8, 1985 Regular Meeting - 8:30 A.M. Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, August 8, 1985 at 8:30 A.M. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Szopinski, Lieser, and Thede. Boardmembers absent were Dodder, Walker, Johnson, and Murphy. Staff Present: Barnes, Zeigler, Sajwan, Roy Minutes of the Regular Meeting of July 11, 1985 - Approved as Published The minutes of the July 11, 1985 regular meeting were unanimously approved. Appeal No. 1656. Section 118-43(B) by Conine Company, Contractor, 215 North Whitcomb - Approved. "---The variance would reduce the minimum lot width from 60 feet to 35 feet for a single family dwelling in the RM zone. ---Hardship pleaded: This lot was platted at 35 feet in the old part of town and there is no land available to buy. Nothing can be built without a variance. ---Staff recommendation: Approval." There were no notices or letters received. Petitioner Bo Brown of the Conine Company stated that they would have no problem complying with the setback of 5 feet. Brown said that they need this variance to be approved in order to proceed with the construction of a single family home with a detached garage. Brown also added that they do own the lot in question. Boardmember Thede made a motion to approve the variance for the hardship pleaded. The motion was seconded by Boardmember Lieser. Yeas: Szopinski, Lieser, Thede. Nays: None. Appeal No. 1660. Section 118-41(E) by Carol Winder, Daughter of Owner, 1501 West Mulberry - Approved with condition. "---The variance would reduce the minimum rear yard setback from 15 feet to 5.5 feet for a new detached garage in the RL zone. ---Hardship pleaded: This is a corner lot and .the house faces the legal side yard which is Sheldon. It is impractical to put the garage and driveway access off Mulberry which is a blind corner and is a very busy street. 0 AUGUST ZBA MINUTES August 8, 1985 Page 2 ---Staff recommendation objections." Approval if the neighbor to the south has no One notice was returned. No letters were received. Petitioner Carol Winder said that they would like to build a single car garage on the lot, however, the only practical access would be off of Sheldon Street. Marie Whitehead of 505 Sheldon spoke in regard to the variance. Ms. Whitehead requested that no change be made from the original plans so that the garage setback would be in line with their own garage and in order to preserve the view they have presently of the park. Mrs. Ethel Peterson, owner of the lot at 1501 W. Mulberry, responded that they would have no problem with that request and they would build the garage even with the neighbor's garage. Boardmember Szopinski made a motion to approve the variance for the hardship stated with the condition that construction of the garage proceed according to the original site plan. The motion was seconded by Boardmember Thede. Yeas: Szopinski, Lieser, and Thede. Nays: None. Appeal No. 1661. Section 118-95(C)(2) by Rick Brown for W.J.M. Associates, Architect, 149 West Harvard — Approved with condition. "---The variance would allow a ground sign to be 209 square feet per face instead of the allowable 120 square feet. The variance would also allow two ground signs on one street frontage along Harvard. The signs identify two office buildings in the HB zone. ---Hardship pleaded: The sign is a single faced ground sign with only 32 square feet of actual signage attached to an existing 226 square foot brick screen wall. (The same type of variance was granted for the existing sign on March 10, 1983). The petitioners' feel that the screen wall is a function of the building, not the sign, and therefore the signs are wall signs, not ground signs. --Staff recommendation: Approval with the condition that no signs be placed on the north wall of the building." There were no notices or letters received. Zoning Administrator Barnes outlined the main concerns regarding this variance which the Board would have to address. Barnes told the Board that since the wall that the sign is on is not attached to the building, the whole wall is considered in the size of the sign. Barnes pointed out to the Board that they must consider two parts to this variance including the following: a) will they allow the sign to be more than 120 square feet and b) will they allow more than 1 ground sign on the lot. • AUGUST ZBA MINUTE • August 8, 1985 Page 3 Petitioner Rick Brown for W.J.M. Associates, Architect, conveyed to the Board that the brick screen wall at the site was not originally intended for use as a sign, however it has become a "sign opportunity" to draw attention to the business location. The wall was designed with the intent to hide the mechanical units. The proposed sign, Brown described, would be reduced by 2/3 and would identify the tenants in the Solar Office Plaza. Boardmember Thede made a motion to approve the variance for the hardship pleaded with the condition that no signs be placed on the north wall of the building. The motion was seconded by Boardmember Szopinski. Yeas: Szopinski, Lieser, and Thede. Nays: None. Appeal No. 1662. Section 118-95(A) by Parke Martin for the Neenan Company, Architect and Contractor, 4800 Wheaton Drive - Denied. "---The variance would allow a 75 per square s foot face q p ground sign which does not have free air space and is located closer than 50 feet to a driveway to be setback 2 1/2 feet instead of the required 15 feet. The sign identifies the Comlinear Office Building located in the IP zone. --Hardship pleaded: See petitioner's letter ---Staff recommendation: Denial. The hardship is self-imposed since the sign is already up and was erected without a permit." There were no notices or letters received. Petitioner Parke Martin of the Neenan Company presented photos of the sign at present and told the Board that the sign was 2 1/2 feet away from the right-of-way line, 8 feet from the drive -way, and 11 feet away from the curb on Wheaton Drive. Additionally, Martin admitted to the Board that they had made a mistake and had not placed the sign at the required setbacks as established by the Fort Collins Sign Code. Martin told the Board that they felt that the sign did not present a danger to the public safety and that the situation was acceptable. Martin added that a stop sign could be added so that motorists would stop and assure a clear view. Petitioner Martin told the Board that, although the hardship is self-imposed, there would be a substantial economic loss should the sign have to be relocated. Boardmember Lieser asked the petitioner who had installed the sign. The petitioner replied that the Neenan Company had done the installation. Likewise, Boardmember Lieser stated her concern that the sign had been installed without a permit. Petitioner Martin acknowledged that they had made a mistake and that they were unaware that a sign permit was necessary at the time. AUGUST ZBA MINUTE • August 8, 1985 Page 4 Boardmember Szopinski felt that the location of the sign could be acceptable, however, the sign should be 42" maximum in height in order to be more in keeping with the code. Boardmember Szopinski stated that the sign was out of character with the intent of the city code and motioned to deny the variance. Boardmember Lieser seconded the motion. Yeas: Szopinski, Lieser, and Thede. Nays: None. Appeal No. 1663. Section 118-81(D)(2)(a), 118-81(D)(4), 118-81(E)(1) by Park Martin of the Neenan Company, Contractor and Architect, 319 South Meldrum - Approved with condition. "---The variance would reduce the required landscaped parking lot setback along Canyon and along Meldrum at certain points from the required 10 feet to 8 feet and along the south lot line from 5 feet to 18 inches. The variance would also reduce the required number of drive -up stacking spaces for the Norlarco Credit Union fromo 20 to 18. These variances are for the proposed Norlarco expansion and an office building under construction in the BG zone. The variance would also eliminate the requirement to provide a loading zone for the proposed addition. --Hardship pleaded: See petitioner's letter. ---Staff recommendation: Approval." There were no notices or letters received. Petitioner Parke Martin of the Neenan Company told the Board that they would need this variance in order to keep the site design. Martin said that they have proposed a plan to expand the Norlarco office building and facilities while trying to preserve the trees at the site as well. Boardmember Thede made a motion to approve the variance for the hardship pleaded with the condition that the petitioner comply with the approved plot plan. The motion was seconded by Boardmember Lieser. Yeas: Szopinski, Lieser, and Thede. Nays: None. Appeal No. 1664. Section 118-43(D) by Wendie Kahler for the Sunshine School, Lessee, 100 Grandview - Approved. "---The variance would reduce the required front yard setback from 15 feet to 4 feet and the south side from 5 feet to 5 inches. (Under option C, the variance would also reduce the required front setback from 15 feet to 9 feet for new building construction). The variances are for the Sunshine School Child Care Center in the RM zone. ---Hardship pleaded: The building is existing and the petitioner desires to remodel the interior and use it for part of their child care center. Since no additional land can be purchased to provide the required setbacks, the building would have to be moved. (Under option C, a portion of the existing greenhouse would be removed, and a new building would be constructed on the existing foundation). The child care center proposed complies with all other requirements. ---Staff recommendation: Approval." AUGUST ZBA MINUTES • • August 8, 1985 Page 5 There were no notices or letters received. Petitioner Wendie Kahler for the Sunshine School described to the Board the three options they were considering for the Grandview location and asked that the Board consider approval for any one, or all three of these options. Kahler told the Board that the Grandview location was an ideal one for the child care center and three options were as follows: A) Put a building running north and south from the existing building and build with the required 15 foot setback. B) Build along the east and west alley and use the remainder of the yard for parking spaces for 5 employees. C) Build a building onto the existing greenhouse foundation (if it is a suitable foundation). Shirley Jordan of Waverly, owns property adjacent to said address, asked if the alley behind the property was included in the sale. She said that the alley hadn't been used in years. Realtor Lee Cooper said that the sale does not include the alley. It is a dedicated alley. The buyers could use it but they could not build on it. He restated that the alley was not part of the legal description. Boardmember Thede felt that the location was an excellent choice for the day care center. She made a motion to approve the variance (all three aspects presented) for the hardship pleaded. The motion was seconded by Boardmember Szopinski. Yeas: Szopinski, Lieser, Thede. Nays: None. Appeal No. 1665. Section 118-41.1(B) by Doug Larsen, Contractor, 3524 Colony Drive - Approved "--The variance would reduce the required front yard setback from 20 feet to 15 feet for a single family home in the RLP zone. Hardship pleaded: The home is already built. When the house was staked out there appears to have been some miscommunication between the contractor and surveyor, resulting in the house tieing located in the wrong spot. ---Staff recommendation: None." There were no notices or letters received. Petitioner Doug Larsen told the Board he hired a survey company to mark the property pins. When he started construction on 3524 Colony Drive and 624 Justice Drive (Appeal No. 1666) there were no front pins so he assumed the front setback should be measured from the edge of the sidewalk. He found out later that this was incorrect. The houses are already up and the whole thing has been a real learning experience he told the Board. Boardmember Lieser made a motion to approve the variance for the hardship pleaded with the warning that mistakes of this nature should not happen again. The motion was seconded by Boardmember Szopinski. Yeas: Szopinski, Lieser, Thede. Nays: None. AUGUST ZBA MINUTES • August 8, 1985 Page 6 Appeal No. 1666. Section 118-41.1(B) by Doug Larsen, Contractor, 624 Justice Drive - Approved. "---The variance would reduce the required front yard setback from 20 feet to 15 feet for a single family home in the RLP zone. ---Hardship pleaded: The home is already built. When the house was staked out there appears to have been some miscommunication between the contractor and surveyor, resulting in the house being located in the wrong spot. ---Staff recommendation: None." There were no notices received. See the preceding variance for discussion. Boardmember Szopinski made a motion to approve the variance for the hardship pleaded. The motion was seconded by Boardmember Lieser. Yeas: Szopinski, Lieser, Thede. Nays: None. Appeal No. 1667. Section 118-95(A), Engineering and Wayne Approved. 118-95(C)(1) by Mike Herzig for City Schrader, Owner, 1601 South College - "---The variance would allow a freestanding sign to be located only 3 feet from the right-of-way line, instead of the required 15 feet for a 48 square foot per face sign with no free air space between a height of 42 inches and 72 inches. ---Hardhsip pleaded: The city is installing a right turn lane on Prospect and has bought additional property from the gas station to accommodate this. The result is that the right-of-way has moved 12 feet south, making the existing sign illegal. Moving the sign 12 feet to comply would hinder the circulation of large fuel trucks needing to unload fuel. ---Staff recommendation: None" There were no notices returned and no letters received. Petitioner Wayne Schrader told the Board that he had no problem until the City did the road work. If he moves the sign back, the fuel trucks won't be able to maneuver around it to unload. City representative, Dick Valdez, said that Mr. Schrader has been more than patient in working with them on the road repairs. He felt that the City has caused Mr. Schrader a considerable hardship and said they would like to see him get the variance. Boardmember Szopinski said that he was against the variance. He felt that the petitioner could go with a 42 inch ground sign and there would be no need for a variance. The petitioner said that a 42'inch ground sign would not be visible when cars were parked at the red light and even though he could extend the length of a 42 inch high sign, the problem would still remain for the bulk trucks. aUUUal _DA i11�VUTA 0 August 8, 1985 Page 7 Boardmember Jane Thede said that she felt the petitioner had a real hardship and made a motion to approve the variance for the hardship pleaded. The motion was seconded by Boardmember Lieser. Yeas: Thede, Lieser. Nays: Szopinski. Appeal No. 1668. Section 118-95(D) by Catherine Lee, Mall Manager for Tomlinson and Co., and Ricki Slack for Farmers Market, 3500 South College - Approved with conditions "--The variance would allow two freestanding signs to be located on one street for one property instead of the one sign allowed by code. Specifically, the variance would allow the "Farmers Market" sign to be installed on the College Avenue frontage along with "Foothills Square" sign. ---Hardship pleaded: The Farmers Market is an outdoor market conducted on Wednesdays from July to October. They feel .it is necessary to have a sign up everyday so that people know it is a weekly event and can make plans to stop by. A sign on the property is the best way to advertise. The sign will be taken down the first week in October. ---Staff recommendation: Approval with the condition that the sign advertise only the Farmers Market and can not be installed prior to July 1st and must be removed by October 2nd." There were no notices returned and no letters received. Catherine Lee explained why they can't use their tenant listing sign. She said that their tenants pay for advertisement on that sign and it must be reserved for their use. David Harman spoke in favor of the Farmers Market. Maria Polingstonenger also spoke in favor of the variance. Boardmember Thede made a motion to approve the variance for the hardship pleaded with the condition that the sign advertise only the Farmer's Market and can not be installed prior to July 1st and must be removed by October 2nd. The motion was seconded by Boardmember Szopinski. Yeas: Szopinski, Lieser and Thede. Nays: None. Appeal No. 1669. Section 118-61(B) by Will Rogers, Architect, 4950 South College Avenue - Approved "--The variance would allow the lot area to be less than the required two times the floor area of the building. Specifically, it would allow a new Fred Schmid retail store in the BL zone to have 44,000 square feet of floor area on an 87,133 square foot lot is required by code. AUGUST ZBA MINUTE • August 8, 1985 Page 8 ---Hardship pleaded: The owners have had to dedicate an additional 10 feet of right-of-way along College Avenue to the city and an additional 4 feet to the City along the rear lot line. This has decreased their lot area substantially. The building is designed in bays, and cutting a bay down in size throws the whole structural design system off and would make construction more difficult. ---Staff recommendation: Approval since the buidling is only 450 square feet over size. There were no notices or letters received. Will Rogers said that in laying out the building„ the bay size works out on even modules. He could cut down the building a couple of feet but it throws off the design. The building is a typical Fred Schmidt design retail facility. Boardmember Thede made a motion to approve the variance for the hardship pleaded. The motion was seconded by Boardmember Szopinski. Yeas: Szopinski, Lieser, Thede. Nays: None. Peter Barnes advised the Board that a work session was needed to review procedures and he would try to arrange it next month after the annual meeting to elect officers. The meeting was adjourned. Respectfully submitted, Eva Lieser, Co -Chairman J7h� /� Peter Barnes, Staff Support