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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 09/10/1998A regular meeting of the Zoning Board of Appeals was held on Thursday, September 10, 1998, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Ft. Collins. BOARD MEMBERS PRESENT: Martin Breth, Robert Gustafson, Dan Keating, Kathryn Krause, Diane Shannon, and William Stockover BOARD MEMBERS ABSENT: Eva Lieser, excused. STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Delynn Coldiron, Staff Support to Board Jenny Nuckols, Zoning Inspector AGENDA: i. ROLL CALL: The meeting was called to order by Chairperson Shannon and roll call taken. 2. The Minutes from the August 13, 1998 meeting were approved. 3. APPEAL 2235 — Approved: Address: 522 East Laurel Street Petitioner: Bruce Croissant, Owner Zone: NCM Sections: 4.7(E)(3) and 4.7(E)(4) ZBA Sept. 10, 1998 Page 2 Background: The variance would reduce the required rear yard setback from 15' to 3', and reduce the required side yard setback along the west lot line from 5' to 2.67' in order to allow the construction of a 12' x 14' shed. Petitioner's Statement of Hardship: The lot is small, 3,425 square feet, and shallow, 68.5 feet. The new shed will replace a 10' x 12' metal shed, which was in approximately the same location. Moving the building further east to comply with the side yard setback would put it within about 1' of the home and existing windows. The house is small, so storage space is very important, and there isn't much room on the lot to build something that complies with the setback. Staff Comments: Jenny Nuckols presented slides relative to this variance request. She mentioned that the Petitioner's lot is very small, only 50' wide by 68.5' deep. The proposal is to locate a 12' x 14' shed in the rear left corner of the lot. There are windows on the west side of the home that span nearly to the edge of the home. Building the proposed shed so that it would meet the required 5' rear yard setback would place the shed close to the house and right in front of the windows. Board Ouestions: None. Applicant Participation: Applicant Bruce Croissant addressed the Board. He mentioned that the shed he is proposing to build is a kit shed from Sutherland Lumber. The shed will not be too visible from the street; it will be mostly hidden by the fence. Applicant is operating this property as a rental. The home is small and has no space for storage inside. He would like to provide his tenants with some additional storage space by building the shed. Chairperson Shannon asked about the height of the proposed shed and the height of the existing fence. Applicant answered that the fence is 6' high and the proposed shed, at the peak of the roof, will be approximately 10' or I high. Shannon asked if the proposed shed is taller than the shed that had been removed. Applicant answered that the shed that was removed was a portable tin shed that was maybe 7' high at the tallest point. It ZBA Sept. 10, 1998 Page 3 Shannon asked about what was located on the other side of Applicant's back yard fence. Initially Applicant mentioned that there was a garage that belonged to the property owner directly to the east, whose property fronts on Whedbee Street. However, upon further questioning from Board Member Stockover regarding what was located on the other side of Applicant's back yard fence, Applicant mentioned that he might have misspoke. The street that runs north/south behind his property is Smith Street, and the property on Smith Street directly north has no main house built on it — it is a big yard. Public Participation: None. Board Discussion: Board Member Gustafson mentioned that 3,400 square feet constitutes an extremely small lot. He mentioned that the Applicant definitely has a hardship based on lot size. He made a motion to approve Appeal 2235 for the hardships stated. Board Member Breth seconded the motion. Vote: Yeas: Breth, Gustafson, Keating Krause, Shannon, Stockover Nays: None Appeal 2235 was approved. 4. APPEAL 2236 —Approved: Address: 300 Edwards Street Petitioner: Gordon and Nona Woelfle, Owners Zone: NCM Section: 4.7(E)(4) Background: The variance would reduce the required street side setback from the west lot line along Mathews Street from 15' to 9' in order to allow the previously existing second floor to be expanded 10' to the west. The new exterior wall of the second floor will be directly above the existing west wall of the main floor. • • ZBA Sept. 10, 1998 Page 4 Petitioner's Statement of Hardship: The existing home is already only 9' from the west lot line. A fire earlier this year destroyed the second floor and part of the first. The previous floor area of the upper floor was not fully functional due to the roof configuration, so reconstruction offers an opportunity to redo the roof line, resulting in a more functional, nicer looking home. No additional encroachment is proposed. Since this is a corner lot, the height of the 2nd floor will not impact an adjacent lot. Staff Comments: The front setbacks of the adjacent home to the north on Mathews and of several of the other homes on the block are less than the 9' Mathews Street setback being requested for the subject property. Nuckols presented slides relative to this appeal. She mentioned that Applicant's home is located at the NE corner of Mathews and Edwards. It was originally a partial two-story home that experienced fire damage earlier this year. Applicant's proposal is to extend the second floor to the west to create a full second story. Proposed elevation drawings were shared with the Board. Nuckols mentioned that the existing wall of Applicant's home is 9' from the property line. The home to the north of Applicant's home, as well as other homes on the block, are closer than 9' from the property line. Nuckols also mentioned that the Applicant's proposed design complies with the east side/west side requirements. Other homes in proximity of Applicant's home have two stories, porches and are architecturally consistent with what is being proposed by Applicant. Peter Barnes mentioned that the existing west wall of the main level is at a 9' setback and already non -conforming. The Code allows a non -conforming building, which is what this situation is classified as since it does not meet the required setbacks, to be re -built to its original condition and original location if damaged by fire or other natural causes. If the Applicant were to rebuild only the lower level, they would be allowed to do this without a variance. The variance is required here since Applicant is expanding the second floor. Board Member Gustafson asked for clarification on the distance from the curb to the property line. Barnes clarified that this distance is 22'. Board Member Breth asked if there were any plans for street improvements on Edwards or Mathews. Barnes mentioned that he knew of none. Applicant Participation: Applicant Gordon Woelfle addressed the Board. He mentioned that their home was built in 1905. While looking at the construction of the house after the fire, they decided to redo the foundation under the house to assure it is sound and to meet codes and covenants. They plan • • ZBA Sept. 10, 1998 Page 5 to add access windows in the basement for added convenience. Applicant wants to bring the house up to code while maintaining the 1905 aesthetic value of the home. They have salvaged and plan on reusing the stained glass windows that are in the home. The home is located in the Laurel Street Historical Site area. Applicant wants to keep the historic value of the home and make it aesthetically pleasing to the community that it has existed in for almost 100 years. Applicant has submitted all of the necessary applications. The drawings were architecturally designed and have been approved by the City. Applicant further clarified some aspects of the proposed construction that will be taking place. He mentioned that instead of the 12:12 pitch that was on the house originally, the roof will be changed to a 6:12 pitch. Smaller dormers will be replacing the large one that currently exists. Public Participation: Ellen Audley, homeowner at 318 Edwards Street, addressed the Board. She mentioned that Applicant has a lot of integrity in the things that he does. She has seen reconstruction on other fire damaged homes in the area where much less consideration for quality and historical value was shown. Audley was complementary of Applicant as neighbors and mentioned that they maintain their property and felt sure that the Applicant would address any problems or concerns that might arise. She supported Applicant's request for a variance. Board Discussion: Board Member Breth mentioned that this situation does not fall under small or topographical problem lots; however, there was an existing condition that had aesthetic value which was destroyed by fire. He had no problem with the requested setbacks, especially since the house itself sets back 22' from the curb to begin with. This is 2' more than would be normal in a new subdivision and quite a bit more than is allowed in a P.U.D. He was in favor of supporting this appeal. Board Member Keating made a motion to approve Appeal 2236 on the grounds stated. Board Member Gustafson seconded the motion. Vote: Yeas: Breth, Gustafson, Keating Krause, Shannon, Stockover Nays: None Appeal 2236 was approved. 0 1 • ZBA Sept. 10, 1998 Page 6 5. OTHER BUSINESS: A. ELECTION OF OFFICERS: The floor was opened for nominations. Board Member Stockover volunteered to assume the role of Chairperson for the Board. No other nominations were made. By unanimous vote, Board Member Stockover was appointed Chairperson. Board Member Keating volunteered to assume the role of Vice -Chairperson. No other nominations were made. By unanimous vote, Board Member Keating was appointed Vice - Chairperson. B. ATTENDANCE: Peter Bames mentioned that he appreciated the fact that Board Members made a point to attend meetings with small agendas that contain items that seem routine. He acknowledged the difficulty of breaking away from busy schedules and mentioned that Applicants that are requesting hearings appreciate having a full hearing from the Board. He also mentioned that you never know when a surprise might arise from something that seems relatively simple. Meeting adjourned at 9:20 a.m. Diane Shannon, Chairperson Peter Barnes, Zoning Administrator