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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 02/10/2000A regular meeting of the Zoning Board of Appeals was held on Thursday, February 10, 2000, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Ft. Collins. BOARD MEMBERS PRESENT: Martin Breth, Steve Remington, William Stockover, Thad Pawlikowski, Andy Miscio, Diane Shannon BOARD MEMBERS ABSENT: David Ayraud STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Sandy Lindell, Staff Support to Board Jenny Nuckols, Zoning Inspector 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 January 13, 2000 meeting. Board Member Breth seconded the motion. The motion passed unanimously. 3. APPEAL 2285: -- Approved Address: 237 West Street Petitioner: John Litschert, Owner Zone: NCM Section: 4.7(F)(1)(a) Backeround: ZBA February 10, 2000 Page 2 The variance would allow a portion of the south wall of a proposed addition to the rear of the home to be curved, instead of being constructed parallel to the south lot line. Petitioner's Statement of Hardship: There is an existing detached garage to the rear and side of the home. If the new south wall continued straight back, instead of curving, the distance between the addition and the garage would only be 3'. Such a distance will create a dark passage and building code problems. Additionally, there are 2 existing corner windows on the back wall which the petitioner wants to keep, thus, the addition would be between the 2 windows, preventing the addition from being moved further north. The owner is currently applying for landmark designation. The Historic Preservation office recommends that the addition be built in the same style as the existing home, but yet distinct from it so that the addition can be clearly discerned from the original. Staff Comments: Sandy Lindell read three letters in support of Appeal #2285. Jenny Nuckols presented slides relative to this Appeal. The south wall of the existing home was shown and how it lined up with the north wall of the garage. Nuckols noted that this home resides in the East Side/West Side Neighborhood, NCM District, requiring that any walls greater than 6' in length be constructed parallel to, or at right angles to the side lot line. Slides were shown of the proposed area of the addition. Slides of neighboring properties and their varied architecture were shown. Stockover asked Karen McWilliams, City Historic Preservation Planner, to address the Board and give clarification of the rule requiring that walls be constructed parallel or at right angles to property lines. Karen McWilliams, addressed the Board. McWilliams replied that several years ago, the Historic Preservation Department was looking at options to adopt as part of the East Side/West Side Guidelines and Standards for new additions. McWilliams commented that quite a bit of controversy surrounded the options that were being considered. McWilliams stated that City Council decided to take the majority of those options and incorporate them into the zoning code, which eliminated many of the gray areas from the Guidelines and Standards. Barnes commented that the East Side/West Side Design Guideline issues culminated about 1996 and City Council decided to adopt some guidelines and incorporate them into the Code, one of which was the requirement that walls of a certain length be parallel, or at right angles to property lines. Council felt that due to the predominantly rectangular shapes of the lots in the area with mostly rectangular type shapes of homes, it was desired that new construction keep that same character. ZBA February 10, 2000 Page 3 Shannon asked McWilliams if Historic Preservation approved of the design presented by the Applicant in this Appeal. McWilliams confirmed that the Landmark Preservation Commission has considered the property for local landmark designation and approved the plans with very positive comments. Applicant Participation: Applicant, John Litschert, addressed the Board. Litschert stated that he had no other comments to add to the information already presented. Remington asked the Applicant about the possible building code problems mentioned in his Statement of Hardship. Litschert responded that there would not really be a Code problem, but was more of a problem of the two vertically high walls that would cause the area to be dark and icy. Public Participation: Janet Orr, addressed the Board. Orr is an assistant professor of history at CSU, teaches architectural history and is a member of the Landmark Preservation Commission. Orr stated that she is in support of granting this variance for a number of reasons. Orr commented that this house is of particular interest to historians and is a rare example of an Art Modem house within the City. Orr listed several aspects of the house that were of architectural historic significance. Orr commented that the addition the Applicant was proposing was a very good example of compatible design to a historic building. Orr mentioned that the addition was well designed and will be primarily made to the back of the home and will not alter the appearance of the front of the home. Board Discussion: Shannon made a motion to approve Appeal #2285 for the hardship stated. Breth seconded the motion. Vote: Yeas: Breth, Remington, Stockover, Pawlikowski, Miscio, Shannon Nays: None Appeal #2285 was approved. 4. APPEAL 2286: -- Approved Address: 132 W. Willox Lane Petitioner: Don Shields, Architect Zone: CN Section: 3.2.1(13)(1)(c), 3.2.2(J), and 3.2.2(M)(1) r Background: ZBA February 10, 2000 Page 4 The variance would eliminate the requirement to provide "full tree stocking" along the south and west sides of the building, eliminate the requirement to provide a 5' wide landscape strip along the north and east lot lines, eliminate the required 10' wide landscape strip along Willox Ct., and eliminate the required 15' wide landscape strip along most of the lot frontage on Willox Lane. The variance would also reduce the amount of required interior parking lot landscaping from 6% to 2.9%. The variance is requested in order to allow a portion of the building to be converted from an auto body repair shop to an automotive paint wholesale store. Petitioner's Statement of Hardship: The building, parking, and driveways are existing. As a result of an auto body shop vacating a portion of this multi -tenant building and being replaced by an automotive paint wholesale business, a change of use is occurring. Such a change requires that the property be brought into compliance with the current code. The only way total compliance can be obtained is if the building is demolished or the parking is eliminated. The proposed plan shows the only site and landscape improvements that are possible, given the existing site constraints and needs. Staff Comments: Barnes commented that when a change of use is proposed to a certain building the Code requires that a Certificate of Occupancy be issued. Barnes explained that a Certificate of Occupancy could not be issued for this change of use until the property complies with the requirements of the Land Use Code. Barnes stated that this is a mechanism the City uses to slowly upgrade properties that were built years ago because the codes were different then and they did not have any landscape requirements to comply with. Nuckols presented slides relative to this Appeal. Referring to the site plan, Nuckols reviewed areas surrounding the Applicant's building, including the existing parking area and proposed areas of landscaping and parking. Barnes commented on the slides showing the area of the proposed pedestrian walkway. Barnes noted that after meeting with the City Planning and Engineering Departments, they discussed the Code requirement to provide a sidewalk along Willox. Barnes stated that the City Engineering Department determined that it was not feasible in this instance, but they did still want some sort of pedestrian walkway. Barnes noted that just west of Willox Ct., there would not be a sidewalk, but to the east, the Mini Mart is currently in the process of getting their sidewalk plan approved. Barnes noted that with the new McDonald's restaurant that is under construction across Willox Street, some street improvements will occur from that development. Barnes commented that the proposed pedestrian walkway will tie in with the new sidewalk that the Mini Mart will be installing and direct pedestrians through this pedestrian walkway that is being created. 0 ZBA February 10, 2000 Page 5 Shannon asked Barnes if there currently is no sidewalk, would the pedestrian access be utilized from the parking areas. Barnes replied that pedestrians that are walking from the east to the west will be using the new sidewalk from Mini Mart and can access the proposed pedestrian walkway without being a customer or employee of the building. The existing parking would remain the same on the south and east sides of the building that are in front of the existing sidewalk. Nuckols reviewed slides of the east side of the building where 8 parking stalls and handicap parking is proposed. Nuckols noted that this is the area where Code requires a 5' landscape strip, but the Applicant is proposing that this landscape strip be eliminated and the area be utilized for parking. Nuckols showed the area of the west elevation of the building and where Code would require a 10' wide landscape area that the Applicant is requesting be eliminated. Barnes commented that there are three different auto repair businesses housed in the Applicant's building with three different curb cuts on Willow Ct. Barnes mentioned that the Applicant is making an attempt to try to organize the parking area. Breth asked Barnes about possibly reducing the size of the landscape areas instead of totally eliminating them. Barnes replied that they would then be too narrow and maintaining landscaping in a healthy condition would be difficult. Shannon asked Barnes what was the required number of parking spaces. Barnes replied that there was not a minimum amount of commercial parking spaces required in the Code. Applicant Partici ation: Dan Eckles, addressed the Board. Eckles is the managing partner of the Applicant's property. Eckles noted that the property is currently zoned for auto body use and engine repair. Eckles commented that the current usage has caused some problems regarding the amount of cars on the site and he desires to change to a wholesale or retail type use to eliminate the problems with the excessive amount of cars, and unsightliness. Eckles stated he would need the approval of this variance to accomplish that goal. Eckles commented that he has proposed to use the heaviest amount of landscaping at the front corners of the property and removed the 8 parking spaces from the front. Eckles commented that if he added more landscaping to Willox Ct., he would be leaving the tenants for that portion of the building only 2 parking spaces and tenants would need more than that amount. Remington asked Eckles who was currently occupying the space that would be the potential paint wholesale tenant. Eckles responded that the previous tenant was an auto body shop and that tenant is no longer there, the space is now empty. Eckles confirmed that there are still 3 remaining auto body type tenants and that they will be removing those tenants, particularly the tenant on the upper left corner of the building occupying 2500 square feet that has many vehicles parked outside. Don Shields, addressed the Board. Shields is the architect that designed the proposed changes to the building. Shields commented that by adding the landscaping and after • ZBA February 10, 2000 Page 6 addressing pedestrian access and parking, there is not enough area left for an attached sidewalk along Willox Lane, so by bringing people up close to the building, they would still have access to the building. Shields mentioned that a cedar stockade fence would be installed to mitigate impact to the street just past the Mini Mart and block the view from the street. Shields stated that they have proposed parking lot striping to be done on the west side of the building to designate parking spaces for the tenants and alleviate some of the parking dissaray. Breth asked about the dirt area in front of the building. Shields replied that the area would be paved as part of the street improvements being done as a result of the construction of the McDonald's restaurant across the street. Public Participation: Diane Franz, addressed the Board. Franz owns the property at 1713 Willox Ct. Franz voiced concerns that if this variance were granted, changes to the property would not be enforced. Franz commented about the amount of vehicles on the Applicant's property and how long some of them have been parked there. Franz mentioned that she and other property owners have repeatedly called the City Police Department to have some of the cars that were parked for a significant amount of time towed away and believed that tenants of the Applicant's building retaliated against them for these actions with damage neighboring property. Franz commented that she would like to see the area surrounding the building cleaned up. Franz stated that if the Board granted the variance, she would like to see some indication that the changes would be enforced by the Applicant. Barnes commented that Eckles has gone on record stating that it is his desire to clean up the site and change the tenant mix. Barnes mentioned that the Board could place conditions on the variance, such as requiring the striping plan on the west side of the building be completed as proposed and parking on the west side of the building only be allowed in designated parking spaces. Barnes said that if these conditions were placed and tenants used the parking in areas not approved for parking, it would be a violation of a condition of the variance and the Zoning Department would visit the site and take measures of enforcement. Barnes commented that because Zoning would not be driving by the site daily, it would be up to the neighbors to call the Zoning Department to let them know of any violations occurring. Barnes mentioned that enforcement of issues such as site obstructions would be handled by other City departments. Miscio asked Barnes if the building was currently in violation of any zoning regulations. Barnes replied that at the time this building was constructed, there was no approved plans or zoning requirements such as landscaping. Barnes pointed out that the cars being parked on the site are not parked in the public right-of-way, but on private property. Barnes noted that if this change of use is approved, the Applicant would be dedicating an additional 2 feet of right-of-way along Willox Lane, so he would loose that area of his property. Miscio asked Franz how many cars she estimated were parked at the Applicant's property. Franz replied that there were 37 cars parked there that morning. Miscio commented that the ZBA February 10, 2000 Page 7 proposed plan would allow parking for 24 cars, therefore reducing the overall amount of cars parked there. Franz wanted it noted that one of the major sight obstructions resulting from the parking at the Applicant's building was a truck and camper that had literally been parked at the same place for years. Franz stated that if Eckles was willing to abide by the conditions placed on the variance and keep the area cleaned up and free of the junk cars that stay there for years, then she would be in favor of granting this variance. John Fossie, addressed the Board. Fossie is a property owner at 1713 Willox. Fossie commented that he had contacted Eckles regarding problems with the tenant on the corner of Eckles building. Fossie stated that Eckles said he could not do anything with his tenants. Fossie mentioned that he also has an auto repair tenant in his building and put a limit on the amount of vehicles his tenant can have on the property overnight and had suggested Eckles do the same for his tenants, but Eckles responded that he could not dictate to his tenants. Fossie commented that in 1997 and 1998, he called the Police Department every two or three weeks to have them come out to issue citations for vehicles resulting in numerous cars towed by the City that were in violation. Fossie mentioned that some of the cars have also been parked above the only storm drain in the area that drains into the Poudre River and the possibility of oil and contaminates getting into that drainage system is great. Fossie stated that other property owners in the area had to get the Post Office to paint the curb red in front of the mailboxes to keep them from being continually blocked by parked cars. Miscio commented that if the Board were to approve this variance request, it seems that any changes made as a result would be a positive improvement for Eckle's property as well as the neighboring properties. Dale Shipley, addressed the Board. Shipley resides at 218 W. Willox. Shipley stated that he has lived at that residence for 27 years and the current state of Eckle's property is the worst it has ever been. Shipley reiterated that access to the mailboxes is an issue and some of his concerns are that unlicensed cars be removed and the area cleaned up. Shipley commented that in the summer months paint fumes from the building invade his airspace. Shipley mentioned that he believes a landlord should have control of his tenants first before the Board approves his variance. Chuck Ramsey, addressed the Board. Ramsey is a tenant on Willox Ct. Ramsey commented that he is somewhat concerned about having the sidewalk up next to the building, as people travel to and from the Mini Mart and McDonald's and believes that it would be much better to have a sidewalk there. Ramsey said with the current parking problem, he has difficulty getting his delivery trucks to his tenant space. Ramsey believes that approving this variance would not change the situation with enforcing the parking problems etc. and that if Eckle's has not taken the initiative to take care of the current problems, he would not enforce the new requirements brought about by the variance approval. Gary Cummings, addressed the Board. Cummings is the owner of the building at 1717 Willox Ct. Cummings stated that he is in favor of the variance because he believes that by installing the proposed landscaping and making the proposed changes, that it would eliminate • ZBA February 10, 2000 Page 8 much of the parking problem. Cummings commented that as long as parking restrictions are enforced, the current problems should be taken care of. Board Discussion: Breth questioned Don Shields if the existing sidewalk in front of the building was a raised sidewalk. Shields replied that it is not raised, but is level with the parking lot, although it is made of concrete and not asphalt. Breth asked if on the east side of the building where the two pedestrian walkways will be located, would a vehicle be able to drive through that area. Shields responded that cars would be able to drive over the painted crosswalk areas to get to the parking in the fenced area. Breth questioned what would stop the cars from parking on top of the pedestrian pathway. Shields replied that problem could be remedied with the placement of concrete bumpers. Breth asked why the pedestrian walkway did not continue to the south. Shields responded that after discussions with the City Engineering Department, it was determined that the pathway would not continue to the south in order to make allowances for handicap access. Shields stated that there is not currently any designated handicap parking on the site, but with the change of use, Code requirements are that one handicap parking space be made for the first 25 parking spaces. Shields commented that with the approval of the change of use, it would allow a wholesale/retail to occupy some of the space now occupied by the auto body businesses. Shields stated that there is a potential for a tenant upgrade for the entire building with the change of use approval. There was some Board discussion regarding the request to eliminate some of the required landscaping and that it appeared there would still be room for some amount of landscaping in the areas that were requested eliminated. The Board discussed if requiring the site to be cleaned up was actually an issue that was on the Board's venue. There was a request from an individual in the audience to address the Board. Tricia Deal, addressed the Board. Deal assists Dan Eckles in the property management of his building. Deal stated that Eckle's purchased the building approximately 5 years ago and at that time, he inherited some of the tenants and the same problems that exist today. Deal commented that the problem tenant for the neighbors has also been a problem tenant for them. Deal stated that the problem tenant is nearing the end of their lease time and if this change of use were granted, it would give them the backing to remove the tenant from the building. Remington asked Deal when the lease would be up for the problem tenant. Deal responded that currently, that tenant has been on a month to month rent basis since the beginning of the year. Deal replied that there was a wholesale paint supplier under contract to occupy the space of the problem tenant, but that it was a contingency of his occupancy that this change of use variance was granted. Breth asked who would have access to the fenced area to the north. Deal responded that the fenced area would be for the sole use of the prospective paint supplier. • ZBA February 10, 2000 Page 9 Eckles was asked to respond to previous comments made by those in opposition and by the Board. Eckles stated that he is in agreement with the neighbors that the site needs to be cleaned up and that the problem tenant needs to be changed, although he is not sure that they understand that unless this variance is granted, he will only be able to have the two existing uses on the site, which is auto body and auto repair. Eckles commented that cleaning the property up is on his agenda as it has been for the last 5 years. Addressing the parking problem, Eckles stated that he would agree to adhere to conditions placed on the variance that people park in designated parking spaces and understands that if he were to be found in violation of those conditions and could possibility face fines of up to $1,000 a day. Eckles stated that as for the sidewalk issue, the sidewalk areas were designed after consulting with City engineers. Eckles mentioned that he would be installing night lighting and the landscaping was designed to direct traffic efficiently. Eckles commented that the front corner landscape islands are larger than what is required and that is where he has tried to focus the most impact. Eckles stated that he could have replaced the problem tenant with another tenant, but his only option would have been another auto repair business and his intention was to try to change the tenant mix to retail. Eckles mentioned that he could have removed the auto repair business as a tenant, but did not want to have an empty space with loss of revenue. Eckles stated that it is the nature of the auto repair business that demands a lot of parking area and there would continue to be many cars parked there unless the change of use is granted so that the tenant make-up can be changed. Eckles commented that as per current Zoning requirements, vehicle repair businesses are allowed up to 5 cars per 1,000 square foot of occupancy and for retail space, a maximum of 4 cars per 1,000 square foot is allowed, therefore, with another retail occupancy in the building, there would be a maximum of 48 parking spaces that could be on site and hopefully would mitigate concerns of the neighbors. There was some Board discussion on once a change of use was established for the property that it would apply to the entire property and building, even though it is only one tenant space that would actually have immediate occupancy. If any of the current auto repair businesses remained there and were replaced with other auto repair businesses, then there would actually be two Certificates of Occupancy issued, one for the retail/wholesale and the other for the auto body usage. If all of the auto repair tenants were to vacate and be replaced by retail occupants, then it would require another variance to change the use back to auto repair. Shannon made a motion to approve Appeal #2286 with the condition that parking is striped and designated as shown on the submitted plans and parking requirements be enforced by the Applicant. Approval would also include the provision that any parking next to sidewalks would have wheel blocks installed. Breth seconded the motion. There was Board discussion on the possibility of conditioning the variance approval to include restrictions on the number of parking spaces dedicated to auto body or auto repair tenants. Barnes commented that City Zoning could not enforce parking in those areas of public right-of-way, those cases would be regulated by other departments. There was some concern voiced if overflow parking would then place a burden on public right-of-way parking. A comment was made that a wholesale/retail store would not have overnight or long-term parking as would an auto repair business. 0 No February 10, 2000 Page 10 Vote: Yeas: Breth, Stockover, Pawlikowski, Miscio, Shannon Nays: Remington Appeal #2286 was approved. Other Business: Barnes asked the Board to review a publication that was handed out last month that reviewed a zoning appeal case heard in another state. Barnes mentioned that the ZBA meeting for March would be held on the third Thursday of March, March 16, 2000, instead of the second Thursday. This change in meeting date was made due to the absenteeism normally seen during the time of spring break in the second week of March. Meeting adjourned at 10.40 a.m. William Stockover, Chairperson Peter Barnes, Zoning Administrator