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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 05/11/2000I Minutes approved by the Board at the .Lune 8, 2000 Meiling FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting — May 11, 2000 9.00 am. Council Liaison: Karen Weitkunat I Staff Liaison: Peter Barnes (221-6760) Chairperson: William Stockover ! Phone: 482-4895 (H) A regular meeting of the Zoning Board of Appeals was held on Thursday, May 11, 2000, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Ft. Collins. • ._t ) ul uIa : _ - C Thad Pawlikowski, Andy Miscio, Martin Breth, William Stockover, David Ayraud, Diane Shannon BOARD MEMBERS ABSENT: Steve Remington STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Sandy Lindell, Staff Support to Board AGENDA: 1. ROLL CALL: The meeting was called to order by Chairperson Stockover and roll call taken. 2. APROVAL OF MINUTES: A motion was made by Board Member Shannon to approve the minutes from the April 13, 2000 meeting. Board Member Breth seconded the motion. The motion passed unanimously, with Breth and Ayraud abstaining. 3. APPEAL 2294: -- Approved Address: 320 E. Mulberry St Petitioner: Ann Hughes, Owner Zone: NCB Section: 4.8(D)(3)(c) and 4.8(D)(3)(d) 11 Back rg ound: ZBA May 11, 2000 Page 2 The variance would reduce the required rear yard setback along the alley from 5 feet to 0 feet and reduce the required side yard setback from the east lot line from 5 feet to 2 feet in order to allow the existing flat -pitched roof to be removed and replaced with a new gable roof. The existing walls of the garage will remain. Petitioner's Statement of Hardship: The existing garage/carriage house is very old. The current flat -roof is in bad shape and leaks a great deal. Rather than replace it with another flat roof, the owner desires to construct a gable roof. Such a roof will match the roof of the house. The existing walls will remain, so there will be no greater deviation from the setbacks than already existing. Staff Comments: Peter Barnes presented slides relative to this appeal. Barnes showed slides of the existing detached flat roofed building, commenting that the new gable end walls would be considered new construction and would have to comply with the required Code setbacks. Slides were viewed of the alley at the north of the building and to the east where the property line is approximately 2 feet from the existing building. Barnes showed slides of neighboring properties and their detached buildings that are along the alley. Barnes stated that it is the new wall area in the gable end that triggers the need for a variance. Slides were shown of the back of the Applicant's house and the current remodeling project that is underway. Applicant Participation: Applicant, Ann Hughes, addressed the Board. Hughes remarked that the existing roof leaks badly on the detached building will have to be replaced. Hughes expressed her desire to make the roof architecturally more appealing. Hughes commented that the first two courses of brick may need to be removed due to their deterioration. Ayraud asked the Applicant if there were any other flat roofed buildings currently in the neighborhood. Hughes responded that she did not believe there were any. Public Participation: Stacie Hopner, addressed the Board. Hopner resides at 330 E. Mulberry Street and commented that she and other neighbors in the area are in favor of granting this variance because the Applicant's carriage house is not as appealing as similar structures in the neighborhood due to the flat roof. Board Discussion: Shannon made a motion to approve Appeal #2294 for the hardship created by the existing location of the building. Breth seconded the motion. ZBA May 11, 2000 Page 3 Vote: Yeas: PawlikowskL Miscio, Breth, Stockover, Ayraud, Shannon Nays: None Appeal #2294 was approved. 4. APPEAL 2295: --Approved Address: 2351 Busch Drive Petitioner: Steven D. McDaniel, Plant Manager, Anheuser-Busch Zone: I Section: 3.8.7(I) Background: The variance would allow an individual letter sign to exceed 7 feet in height. Specifically, the variance would allow the existing 19 foot tall `Budweiser" individual letter signs on the north and south walls to be removed and replaced with new 15 feet tall "Budweiser" individual letter signs. (Only the `B", "d" and "i" will be 15 feet tall, the other letters will be 10.5 feet tall). The new signs will result in a 24% size reduction and a 64% brightness reduction from the current signs. Petitioner's Statement of Hardship: See petitioner's letter. Also, the intent of the code is being met since the height limit of wall signs is intended to protect the streetscape along urban arterial streets and commercial strips by enduring that the size of the wall sign is in keeping with the mass and scale of buildings. The location, mass and scale of the AB building are very unique and the larger signs will actually enhance the appearance of the large walls by providing necessary articulation and variation. Staff Comments: Barnes recounted a brief history of the Sign Code and the aspects of the Code that resulted in the need for a variance request from the Applicant. Barnes summarized that before 1994, there were no height limitations for wall signs in the Sign Code. The inclusion of height restrictions for wall signs after 1994 was tailored mainly to address those issues along commercial strips and streetscapes and restricted wall signs to a height of 7 feet. Barnes mentioned that the 1994 sign code changes included a 15 year amortization period for the removal of all signs that do not comply with the new regulations, which in the case of this Appeal, would allow Anheuser-Busch to keep their existing larger non -conforming sign for another 9 years. Barnes presented slides relative to this Appeal. Slides were shown of the Anheuser-Busch building with varied views of the existing sign. Barnes commented that while the proposed sign would not comply with the Code, it would be more in conformance than the existing C1 ZBA May 11, 2000 Page 4 sign which could remain for 9 more years and the new sign would be 24% smaller and 64% dimmer than the existing sign. Applicant Participation: Steven McDaniel, addressed the Board. McDaniel stated that the reason Anheuser-Busch desired to change the existing sign to the smaller proposed sign was due to several factors; the existing sign is now 10 years old and it no longer conforms to the company brand image and corporate standards. Richard Godby, addressed the Board. As the project manager in charge of the proposed sign change, Godby presented engineering details regarding the proposed sign. Godby mentioned that the proposed sign would only be 10% of the height of the building, whereas, buildings that prompted the wall height restrictions in the Code encompass approximately 1/3 of those buildings. Godby stated that the Anheuser-Busch building is 800 feet from I-25, 3,500 feet from Busch Drive and 1,500 feet from County Road 9. Public Participation: None. Board Discussion: Shannon commented that the proposed sign appears to be a better sign than the existing sign and sees a hardship that the Code did not consider the proportions relative to the size of the building. Shannon made a motion to approve Appeal #2295 for the hardship stated. Miscio seconded the motion. Ayraud asked the Board to consider amending to the motion to include stating several hardships; the extensive land plot size to the extensive building size and the location of the land and the building, being that they are in a remote location to the remainder of the City. Ayraud suggested that there be an extended period of allowance that would permit them to keep signs that were almost 3 times the size allowed by the current Code regulations. Ayraud commented that the sign to building scale relation is much smaller than other concerns addressed by the City Code. Ayraud commented that the motion referred to the hardship stated in the Petitioner's letter of Hardship was not very specific as to why their building had a hardship as opposed to other buildings in the City, other than encompassing a large land size. Breth agreed that an amendment was needed, as the Petitioner's Statement of Hardship letter is not an official statement for the record. Paul Eckman commented that the amendment helps to clarify the hardship and helps to focus this down and possibly eliminate problems in the future with regards to over -broad interpretation of the motion and granting of the variance if it would be approved. C� • ZBA May 11, 2000 Page 5 Barnes cited the example of the changeable banners in Old Town Square. Barnes stated that and that City Ordinance limits banners to be displayed for no more than 20 days per calendar year, but they applied for a variance to be able to display banners year round. Barnes commented that the Board at the time struggled for hours this concerns of the precedent they may be setting by approving the banner variance. Bames said that the Board came up with very specific, unique aspects of Old Town Square and enumerated all of those for the record, which made it beneficial for Staff when approached by other business complexes, explaining that they would have to meet the same criteria as was required for the approval of the banner variance. Ayraud asked the Board to consider adding to the amendment that this variance approval would only apply to the signs proposed in this appeal and if they were to place other signs that did not meet Code compliance, they would have to apply for a new variance. Ayraud commented that this condition would prevent future problems in Anheuser-Busch were to alter their building or land size, or if the City were to grow closer to their site, possibly preventing them from meeting all of the condition criteria. Shannon amended the motion to include the conditions that the approval of the variance be only for the proposed sign changes of this Appeal and the approval be based on the hardships of an extensive land plot and building size. Breth seconded the amended motion. Vote: Yeas: Pawlikowski, Miscio, Breth, Stockover, Ayraud, Shannon Nays: None Appeal #2295 was approved. 5. APPEAL 2296: -- Approved Address: 11113 Maple Street Petitioner: David Freele, Tenant Zone: NCM Section: Section —none Background: On April 13, 2000, the Applicant received a variance from the Zoning Board of Appeals to reduce the front setback requirement from 15 feet to 12 feet in order to allow an addition. The variance was approved with the condition that a curb -cut be installed for the driveway area. The Applicant is requesting that this condition be removed since the curb in front of the home is a "Hollywood" curb, which is an acceptable drive -over curb and is the type of curb found in front of most of the other homes on Maple Street. The Board mistakenly thought the curb was a non -drive -over vertical curb. ZBA May 11, 2000 Page 6 Petitioner's Statement of Hardship: None. Marty Breth excused himself from hearing Appeal #2296 due to his absence from hearing the previous appeal. Staff Comments: Barnes recounted proceedings from the April 13, 2000 meeting. At that meeting, the Board had approved the variance for Appeal #2291 with the condition that the existing curb be removed and replaced with an appropriate drive -over curb, and although it was not a condition placed upon approval of the variance, the Board encouraged the Applicant to continue dialog with the City Engineering Department regarding the placement of a sidewalk in front of the property. The Board believed the curb to be a vertical curb, which would require a vehicle to "jump" the curb to get over it. The Applicant is requesting that the curb - cut condition be removed from the previous Appeal due to the fact that it is a "Hollywood" curb, which is an acceptable drive -over curb. Barnes stated that a representative of the City Engineering Department, Tracy Dyer, was present to answer any questions on the appropriateness of the "Hollywood" curb. Shannon asked Barnes if area neighbors had been notified of this new appeal by the Applicant, as there was some opposition by a neighbor at the last appeal for Mr. Freele. Barnes confirmed that the appropriate notification letters had gone out to area neighbors for Appeal #2296. Stockover questioned Barnes if the record for the approval of Appeal #2291 showed any stipulations on driveway improvements in addition to the curb replacement. Barnes referred to the minutes from the previous meeting, stating that the only condition was that a curb -cut be installed as per city Engineering standards and provisions made for additional parking. Barnes commented that unless a property has a parking lot with more than 5 spaces, City Code does not require a hard surface for parking, therefore, a gravel driveway would be acceptable. Barnes mentioned that the Applicant may wish to continue this dialog to discuss the progress of the sidewalk to be placed in front of the property which could affect the appearance of the driveway with the sidewalk. Applicant Participation: David Freele, addressed the Board. Freele commented that when he first occupied the property, he was concerned with the lack of a sidewalk, as children from a nearby elementary school would be walking by the property. Freele stated that after talking with City Engineering, it was proposed that a sidewalk would be placed in front of his property, either this summer, or early next year. Freele said when it was time for the City to pour the sidewalk, he would then decide if he could also incorporate a curb approach to his driveway. ZBA May 11, 2000 Page 7 Freele addressed the issue off-street parking that had concerned his neighbor, stating that he is planning to have a 20 ft. by 40 ft. area with six inches of gravel for the driveway. Freele commented that he has spoken with the neighbor who had voiced concerns and now the neighbor has no opposition with what he is proposing. Board Discussion: Ayraud asked the Board to consider delaying the requirement to have the Applicant install a curb -cut until the City installs the sidewalk, as the Applicant had expressed there may be a possibility of some cost -sharing with the City at that time. Shannon commented that if the existing "Hollywood" curb was considered adequate as a driveway entrance, perhaps the Board should remove the condition that the curb -cut be installed. Stockover mentioned that part of the reasoning for placing the condition for the curb -cut, was to make the driveway be as appealing as possible to entice people to drive into the driveway to park as opposed to parking on the street. Barnes commented that the reason a curb -cut was even discussed at the last Appeal was because the Applicant's neighbor had brought it up as being an issue, otherwise, it probably would not have been brought up. Miscio commented that if the existing curb is considered appropriate and meets the City requirements, he did not feel it was appropriate for the Board to impose restrictions that the Applicant be required to do something different. Shannon made a motion to amend the previously approved variance (Appeal #2291) and remove the condition that was placed on acceptance of the Appeal in regards to the curb -cut, due to the fact that the Board misunderstood the nature of the curb. Miscio seconded the motion. Vote: Yeas: Pawlikowski, Miscio, Stockover, Shannon Nays: None Abstain: Ayraud Appeal #2296 was approved. Other Business: Marty Breth rejoined the Board for further discussion. Barnes prompted Board discussion regarding the use of hardships in approval of variances and a proposal of possible changes. Paul Eckman extrapolated on the legalities included in Section 2.10.2(H)(8) of the Code. ZBA May 11, 2000 Page 8 There was Board discussion on the possibility of requesting a Code change giving the Board the ability to make a finding that the proposed plans presented to the Board advances the purposes of the law which they are trying to circumvent equally well, or better than the actual compliance. It was decided that the Board would consider submitting a proposal to City Council to make changes in the Code to include the "equal to or better than" clause after they have time to review a draft of the proposal with some possible scenarios that Eckman will provide. The Board would then meet for a work session to discuss if they would continue with a submittal to Council. Barnes suggested that at that time, perhaps the Board could look at some appeals that have been denied under the current Code requirements to see how they would be addressed using the "equal to or better than" scenario. Meeting adjourned at 10.05 a.m. William Stockover, Chairperson Peter Barnes, Zoning Administrator