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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 06/12/1986e ZONING BOARD OF APPEALS June 12, 1986 Regular Meeting - 8:00 A.M. Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, June 12, 1986 at 8:30 A.M. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Dodder, Thede, Lieser, Lawton, Leis, and Johnson. Boardmembers Absent: Walker Staff Present: Barnes, Roy, Brayfield Minutes of the Regular Meeting of May 8, 1986 and the Special Meeting of May 16, 1986 - Approved as Published. The minutes of the regular meeting of May 8, 1986 and the Special Meeting of May 16, 1986 were unanimously approved. Appeal No. 1740: Section 118-81 (D) (2) (a), Colorado Division of Wildlife, with Condition. by Dave Ferrin of the 317 W. Prospect - Approved "---The variance would reduce the required q parking lot setback along Prospect from 15 feet to 6 feet for a new parking lot in the BL zone.j ---Petitioner's statement of hardship: The existing parking spaces back out on to a private drive, and several accidents have occurred due to inadequate site distances. The Division of Wildlife wants to remove this existing parking, and the only feasible location to move it to is in front of the building. The only way to meet the code and still provide enough parking would be to remove part of the building. ---Staff recommendation: Approval with the condition that street trees be planted along Prospect, and additional screening be provided by either berming or evergreen trees. Also, the landscape plan should be approved by the City Forester." Zoning Administrator Barnes stated that the variance was requested by the Colorado Division of Wildlife, located directly east of the Holiday Inn on W. Prospect. .The proposal is to remove an old parking lot and replace it with landscaping, and build a new parking lot in the lawn area directly in front of the building. Because this was a new parking lot, the parking code requirements would have to be met. The project complies with the 6% interior landscaping requirements, however, a variance was requested to reduce the required landscape strip along Prospect from 15 feet to 6 feet. ZBA Minutes - Jun12, 1986 • Page 2 Petitioner Dave Ferrin, representing the Colorado Division of Wildlife, spoke in favor of the variance, stating that the existing parking lot was too small, and situated so that exiting was a hazard. They proposed to remove all the existing parking and convert it back into a curb and landscaping. The front yard would be made into a parking lot which would provide about 12 more spaces for employee and customer parking. In addition, some of the back parking would be utilized for RV and large vehicle parking. A setback variance would be needed for the new parking lot to maximize the number of spaces that could fit on the lot and to save one of the large trees in the front of the building. Boardmember Thede asked if the front sidewalk would be eliminated, and if the requested setback variance would include the sidewalk or be in addition to the sidewalk. Mr. Ferrin stated that the sidewalk would remain, and the 6 foot setback would be in addition to the sidewalk, for a total setback off Prospect of about 10 feet. Boardmember Dodder stated that City Staff recommended that street trees and other screening - perhaps in the form of a berm - be used. Mr. Ferrin stated that they had already been incorporated into the plan, and offered to add any other recommendations to the final plan. Mr. Ferrin stated further that there would be handicap parking and access to the building which had not been indicated on the preliminary drawing. Mr. Barnes stated that the City Arborist would need to review the final plans for landscaping. The Board asked Mr. Ferrin for clarification on plans for exiting and directional signs for the parking lot. Mr. Ferrin replied that there would be only one entrance/exit to the parking lot except in the autumn, when increased customer parking requirements would force them to open up overflow parking in the rear lot. At that time a chain would be removed from the second exit. Directional signs would be in the form of painting on the pavement or small posted signs. Boardmember Leis asked if there was some way to locate the main identification sign closer to the new drive to eliminate confusion of clients who would be looking for the entrance. Mr. Ferrin stated that the location shown on the drawing was the best one for conserving parking space and for saving the existing spruce tree. No one spoke in opposition to the appeal. Boardmember Leis made a motion to approve the variance with the conditions that street trees be planted along Prospect and additional screening be provided by either berming or evergreen trees, and that the landscape plan be approved by the City Forester. Boardmember Dodder seconded the motion. Boardmember Thede amended the motion to add the condition that the site plan and other submitted documents be complied with. Boardmember Dodder seconded the motion as amended. Yeas: Dodder, Thede, Lieser, Johnson, Leis. Nays: None. ZBA Minutes - June*, 1986 Page 3 • Appeal No. 1741: Section 118-82 (D), by Nancy McNair for the Fort Collins Preschool, 1815 Yorktown Avenue - Approved with Condition. "---The variance would allow a child care center in the RL zone to have a playground enclosed with a 4 1/2 foot chain link fence instead of a solid fence 6 feet high. This request is for the Fort Collins Preschool, located in the Foothills Unitarian Church, which will be licensed for approximately 25 children. ---Petitioner's statement of hardship: See petitioner's letter. ---Staff recommendation: Approval if there are no objections from the neighbors and on the condition that the fence remain in its present location. Since the fence is a considerable distance from any adjacent lot, the intent of the Code is met." Zoning Administrator Barnes gave background information, stating that the preschool was classified as a child care center, and was required by Code to surround the playground area by a six foot high solid fence. Prior to 1981 the Code only required a four foot high fence. The Code was changed primarily because of nuisance type calls received by people living adjacent to child care centers. When fences weren't tall enough or solid, children would reach across the fence and bother the neighbors' pets. The existing fence at the Unitarian Church is a four foot high chain link fence. The church itself sits on a very large parcel of land so there are no neighbors directly across the fence. The fence is constructed of wood posts and rails covered with chain link fabric. Petitioner Nancy McNair, representing the Fort Collins Preschool Association, spoke in favor of the appeal. Ms. McNair presented some photographs to the Board, taken from all the neighboring properties showing the fenced playground. Ms. McNair pointed out that the playground and the fence had been used by members of the Unitarian Church for 12 years without any complaints from the neighbors. The existing fence complied with the state and local health reqirements for daycare centers. Furthermore, there was a large buffer area around the playground, so the spirit of the Code is met. Boardmember Dodder asked what plans they had for expansion. Ms. McNair stated that they had no plans for expansion. Presently, two groups of children are scheduled to use the facility, on alternating mornings. The children use the playground from 1/2 to 1 hour a day. They are licensed for 25 children at one time, although the younger class is limited to 20. If there was a lot of demand, an afternoon class could possibly be added, which would add another 1/2 to 1 hour of playground use per day. Boardmember Lawton asked about the ages of the children attending the preschool. Ms. McNair stated that the children were from 3-5 years old, Boardmember Lawton expressed his concern that older children could climb the fence and get out, and a six foot high fence would prevent that. Ms. McNair stated that because they were a cooperative, they had a very high ZBA Minutes - Jun, 1986 • Page 4 adult to child ratio, and that it was her observation that the preschool was a much more controlled environment than most daycare situations. Boardmember Thede asked for clarification of the solid fence requirement. Mr. Barnes replied that the intent of the "solid fence" was to provide a visual buffer and to keep children from poking their hands through the fence and bothering the neighbors' pets. Boardmember Thede asked if they were asking for a variance from the vegetation screening also. Mr. Barnes stated that they were requesting to keep the fencing as it is. Boardmember Thede asked why the vegetation was not being addressed. Mr. Barnes stated that the vegetation screening could be made an issue, but that the intent of the Code should be considered. Colin Cameron, Treasurer of the Foothills Unitarian Church, spoke in favor of the variance. Boardmember Leis asked if there had been any complaints from the neighbors regarding the use of the playground. Ms. Cameron replied no. Boardmember Leis asked if they had planned on any additional landscaping. Ms. Cameron replied no, but if it was required, the Board would work on it. Boardmember Leis stated that he did not see the need for any additional screening because of the playground's distance from the property line. Boardmember Lieser concurred, stating that in her opinion, the intent of the Code was met. Boardmember Lawton asked if there was other renovation going on in connection with the preschool. Ms. Cameron said the playground equipment would be repaired and the weeds removed, but no other renovation was planned. Boardmember Dodder thought that if there were any changes in the facilities or in the size of the playground, the Board would need to review the variance. Boardmember Thede thought that the request for variance was only for economic reasons. Boardmember Dodder thought that there was a valid hardship due to unusual circumstances. The playground has an unusually large buffer area around it which other daycare centers would not have, which would serve the same purpose as a solid fence. No one spoke in opposition to the variance. Boardmember Dodder made a motion to grant the variance for the hardship stated with the condition that it be reviewed if any of the following situations occur: 1) the dimensions of the playground change, or 2) the fence is moved, or 3) the physical structure of the church is increased, or 4) the the hours are extended. Boardmember Leis seconded the motion. Yeas: Dodder, Lieser, Johnson, Leis. Nays: Thede. Appeal No. 1742: Withdrawn Appeal No. 1743: Section 118-91 (A) and 118-95 (A), by Dave Clack, 304 E. Mulberry - Approved with Condition. ZBA Minutes - June 12, 1986 Page 5 "---The variance would allow one sign advertising two home occupations to be 13 square feet per face instead of the 2 square feet allowed by Code. The sign identifies a photography studio and a hair salon in the RH zone. The variance would also reduce the required setback for the sign which contains no free air space and is located within 50 feet of the driveway, from 15 feet to 2.5 feet. ---Petitioner's statement of hardship: One 2 square foot sign is not large enough to advertise 2 businesses, especially on a major arterial street. The street is very wide and the cars generally travel 35 MPH, necessitating a larger sign which will be legible. The sign will actually be setback from the curb a total of 22.5 feet, so the intent of the 15 foot setback requirement is met. Also, the driveway which the sign is next to is a one-way, entrance only drive, so the sign is not an obstruction for people exiting. ---Staff recommendation: None." Zoning Administrator Barnes reviewed the appeal stating that the property is located in the RH zone, and only one 2 square foot sign is allowed. Two tenants want to advertise their home occupations and are proposing to combine the two signs into one 13 square foot sign. The other variance request is for the sign to be located within 50 feet of the driveway. The sign has no free airspace, therefore the code requires that it be setback 15 feet from the property line. The property line is about 20 feet from the curb, which would put the sign about 35 feet from the street or right up against the building. Mr. Barnes also stated that there were some larger signs such as Scavo Realty, Cabin Country and the church sign in the area. Boardmember Johnson asked Mr. Barnes to comment on how two businesses could have home occupations in one location. Mr. Barnes stated that the Code allows one home occupation license per dwelling unit, and there are two dwelling units at this location. Boardmember Leis asked why this residence could have businesses located on both sides of it. Mr. Barnes stated that both of the other offices were allowed as a use by right. Petitioner Dave Clack, 304 E. Mulberry, spoke in favor of the variance, stating that a larger sign was needed to be visible to traffic on Mulberry. He also pointed out that because there were commercial offices around his home with larger signs, his sign would not be obtrusive to the surrounding area. Boardmember Thede expressed her concern that more businesses could move into the house and expect to be given more signage. Mr. Clack stated that only two people lived there, and that the owner of the house planned to restrict the number of businesses in the house to two. Mr. Barnes stated that there were only two dwelling units in the building, and therefore only two home occupation licenses could be issued. Boardmember Dodder asked about the business hours and the number of clients Mr. Clack saw per day. Mr. Clack stated that he planned to be open for ZBA Minutes - Junk , 1986 • Page 6 business from 9 a.m. to 5 p.m. with some evening hours for working people. He stated further that he was averaging from 2-3 clients per week, but his business was growing. Boardmember Dodder stated that he had a problem with the size of the whole superstructure, and also with the size of the sign face itself. Boardmember Thede agreed. Mr. Clack replied that he felt that the sign was not too large because this was basically a commercial neighborhood. Furthermore, the sign was designed to be compatible with the architecture of the house, duplicating its design features and building materials. Boardmember Johnson stated that there were several residential houses on that block, and the block was more residential than commercial. Mr. Clack emphasized that the drive was a one-way (entrance) only, so that the sign would not be blocking the view of traffic trying to exit onto Mulberry. Boardmember Thede stated that the hardship was self-imposed. Boardmember Johnson stated that there was a valid hardship in that the business was located on a major arterial street, and a 2 foot sign was too small to be visible. Futhermore, a 2 square foot sign was not adequate to advertise two businesses. Mr. Clack thought that a larger sign could prevent traffic congestion when cars slowed down to find the businesses. Boardmember Dodder said that a variance would not be needed for the sign if Mr. Clack did not live there, and the business was not classified a� a home occupation. Mr. Barnes said that it was not just a simple matter or moving out and putting up the sign. They would have to go before the the Planning & Zoning Board for the conversion from residential to nonresidential, and they would also need lot area and parking variances from the ZBA. The RH zone for nonresidential still allows only 1 sign, but it could go up to 60 square feet. Mr. Wayne Vetterlein, owner of the property at 304 E. Mulberry, spoke in favor of the appeal. The sign was designed with a lot of open air so it was not heavy or obtrusive and at the same time would provide ample signage for the businesses. The planter was added to provide greenery to further enhance the sign. He felt that the main issue was the size of the sign, rather than the design. Mr. Vetterlein stated that he would be willing to add the restriction that only two businesses have signs on the board. Zoning Administrator Barnes stated that if there were three dwelling units in the building (and at one time there were), a 20 square foot sign would be allowed. Multi -family buildings are allowed that to advertise anything they want. Boardmember Lieser thought that the actual sign faces should not exceed 6 square feet (combined), but had no problem with the superstructure. Boardmember Thede thought the sign should not be any taller than 3 - 3 1/2 feet. Mr. Vetterlein stated that a 12" space should be allowed at the bottom of the sign so that it would not be covered by snow in the winter. The extra foot would put the sign at about 4 1/2 feet, which would considerably smaller than the proposed design. ZBA Minutes - Jun#12, 1986 • Page 7 No one spoke in opposition to the appeal. Boardmember Lieser made a motion to approve the variance with the condition that the sign faces not exceed 6 square feet (total) and the height of the sign not exceed 5 feet. Boardmember Johnson seconded the motion. Yeas: Lieser, Lawton, and Johnson. Nays: Thede, Leis. Appeal No. 1744: Section 118-41 (E), by Jon Metcalf, owner, 2707 Wyandotte, Approved. "---The variance would reduce the required rear yard setback from 15 feet to 13 feet for an addition to a single family home in the RL zone. ---Petitioner's statement of hardship: The addition is a passive solar addition. If the required setback was met, the thermal storage capacity would be reduced by 60 square feet, or 38%. ---Staff recommendation: None. The Code does consider it a valid hardship if a condition exists which would hinder the owner's ability to install a solar energy system." Zoning Administrator Barnes reviewed the appeal stating that the property was located in the Brown Farm development in the RL zone. The proposed solar addition on the rear of the house would require a setback variance from 15 feet to 13 feet. The Zoning Code authorizes the Board to grant variances for hardships including situations or conditions which hinder the owner's ability to install a solar energy system. A solar energy system is defined as either active or passive. Petitioner Jon Metcalf, 2707 Wyandotte, spoke in favor of the appeal stating that the final plans would require a variance for a 12 foot setback rather than a 13 foot setback. Mr. Metcalf stated that he was doing the general contracting work himself, and was unaware of the setback requirements when he started the project. The hole was dug prior to submitting the plans because Mr. Metcalf wanted to get the backhoe in before the neighbors planted sod in their yards. Mr. Metcalf stated that he worked with City Engineer Doug Schwartz to design the solar addition including orientation, window placement, and overhang. The design itself would work well with the house. Eliminating 3 feet on the design would compromise the design so much that it would not be a functional room. Mr. Metcalf submitted the plans to the Brown's Farm Achitectural Control Committee for review, and they felt that it would be aesthetically pleasing to the neighborhood. Boardmember Johnson asked how high the addition would be. Mr. Metcalf replied that it would go to the soffit level, right above the door. Materials off the back of the house would be incorporated into the exterior of the room to make it look like the rest of the house. Mr. Metcalf submitted a plan to the Board that showed an elevation with the proposed solar addition. ZBA Minutes - JunIP2, 1986 Page 8 No one spoke in opposition to the variance. • Boardmember Thede made a motion to approve the variance for a 12 foot setback for the hardship stated. Boardmember Leis seconded the motion. Yeas: Thede, Lieser, Lawton, Leis, Johnson. Nays: None. Respectfully submitted, Eva Lieser, Chairman Peter Barnes, Staff Support EL/PB/bb