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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 01/13/2000A regular meeting of the Zoning Board of Appeals was held on Thursday, December 9, 1999, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Ft. Collins. BOARD MEMBERS PRESENT: Thad Pawlikowski, Andy Miscio, Steve Remington, William Stockover, Diane Shannon BOARD MEMBERS ABSENT: David Ayraud, Martin Breth STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Gary Lopez, Zoning Inspector Sandy Lindell, Staff Support to Board 0e>W17M 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 Chairperson Stockover to approve the minutes from the November 10, 1999 meeting, with the amendment of an error on the second paragraph of page 17, that reads; Breth made a motion to table Appeal #2278. The Appeal number was corrected to read Appeal #2279. Board Member Shannon seconded the motion. The motion passed unanimously. A motion was made by Board Member Remington to approve the minutes from the December 9, 1999 meeting. Chairperson Stockover seconded the motion. The motion was passed and the minutes from the December 9, 1999 meeting were approved as submitted. ZBA January 13, 2000 Page 2 3. APPEAL 2284: --Approved Address: 141 Second Street Petitioner: Yale Downing, Tenant Zone: RL Section: 3.8.3(1) Back rg ound: The variance would allow a home occupation to be conducted in an existing, detached 15' x 23' building on the rear of the lot, instead of being conducted in the home. Specifically, the petitioner desires to use the building for his cabinet making business. Petitioner's Statement of Hardship: The house is small, approximately 600 sq. ft. There is no basement or attached garage, or any other suitable room in the house in which to conduct this type of business. Staff Comments: Gary Lopez presented slides relative to this Appeal. Slides were shown of the detached building in all directions. Lopez noted that the building had been constructed several years ago and had been moved to its present location. Slides were shown of storage buildings on the neighboring properties, some larger, some smaller than the Applicant's building. Lopez commented that the distance from the house to the detached building was 64 feet. Lopez explained that the variance request was only for allowing a home occupation to be conducted within a detached building, as the ordinance dictates a home occupation only can occur within a principal residence or an attached garage. Lopez mentioned that if this variance were approved, that the Applicant would still have to abide by all the other requirements set forth in the Home Occupation Ordinance. Shannon asked if the other requirements stipulated in the ordinance also need to be considered by the Board in the decision to grant this variance. Barnes clarified that the Applicant was only requesting a variance from one of the Home Occupation requirements, the one that stipulates the home occupation activity must be conducted entirely within the principal building, which in this case is the Applicant's house. Bames mentioned that the Applicant had indicated to him that he intended to comply with the other requirements of the Home Occupation Ordinance, including the requirements that might have impacts on the neighborhood, such as those dealing with noise etc. Miscio questioned Staff on the reason for requiring that a home occupation only take place in the home itself or an attached garage. Barnes replied that the Home Occupation Ordinance was enacted in 1965 and was part of the total rezoning of the City. The rezoning was done to meet characteristics of subdivisions that were being platted at that time, many of which no longer included detached garages. Barnes commented that perhaps the Ordinance was am January 13, 2000 Page 3 addressing the possibility of numerous detached buildings being built, some of which could be for the sole purpose of carrying on business activities. Miscio asked if there were any home occupations that were not allowed. Barnes commented that the businesses that are specifically not permitted are listed in the Code. Barnes said that in a business that might involve tools that create noise, such as a cabinet making, the Zoning Department makes sure the business owner is aware that he has to comply with noise restrictions for the home occupation. Barnes commented that Zoning informs the owner that if complaints are received about the noise, there is the possibility the business could be shut down. Applicant Participation: Applicant, Yale Downing, addressed the Board. Downing commented that the only tool he has that could create noise affecting any neighbors was an air compressor. Downing said he is unable to keep the compressor inside the shop because the dust etc. causes the compressors to bum up. Downing stated that he had contacted Rich Kopp, City Code Compliance Supervisor and he had suggested that Downing construct a wooden box to house the compressor which would dampen the noise. Downing commented that he does not make hammering noises because hammering ruins the wood on the cabinets that he makes, he uses glue and clamps to construct the cabinets. Downing said that he sometimes uses a saw to cut things, but he would keep doors closed while using it so the noise level would be kept to a minimum. Downing commented that he does not do a lot of cutting because he buys his cabinet parts pre -made. Downing addressed the issue of truck deliveries at the home, stating that most of the time, the trucks used for deliveries are smaller trucks. Downing mentioned that he is only using the detached building to construct his cabinets until such time that he can get enough orders to open a shop in a commercial space and he foresees that happening within 6 months to a year. Downing commented that he has put in a bid on a $90,000 job and if he were awarded that job, he would move out of his detached building immediately. Downing stated that he wants to comply with all regulations and when starting this business, he had gone to different City departments, but was not told that he needed a Home Occupation License. Shannon asked the Applicant about the frequency of truck deliveries. Downing replied that he probably would get a truck delivery once a month, with the most being 6 times during a month, but the deliveries would be within a few days of each other. Miscio asked Downing if he was aware of any other home occupation businesses in the neighborhood. Downing responded that he knows there is a home at the end of 3'd Street that builds steps for mobile homes. Remington questioned Downing how long he has been conducting his business at his present location. Downing replied that he started his first job the first part of December, 1999. Pawlikowski asked the Applicant if all the tools needed to make his cabinets were enclosed in the detached building. Downing responded that all his tools and supplies were in the • ZBA January 13, 2000 Page 4 building except for the wood pallets he had stored outside and the wood from those pallets was going to be used to construct the housing for the air compressor. Miscio questioned Downing on the hours that he would be working in the shop. Downing replied that normally, he would not keep late hours working and the only time he worked late was when he was trying to get a job done on Christmas Eve. Miscio asked if Downing planned on finishing the garage. Downing said he intends on finishing it, but money has been an obstacle and after receiving a Stop Work Order from the City for not having a permit, he has not taken the time to get the paperwork together to get the permit from the City to continue work on it. Downing wanted it known that he had made significant improvements in the appearance of the property by cleaning it up since he moved there a year ago. Downing stated that he plans on putting up a wood privacy fence in the near future. Public Participation: Betty Aragon, addressed the Board. Aragon resides at 140 2nd Street, across the street from the Downing property. Aragon stated that she had some serious concerns about the Applicant's business at the present location. Aragon mentioned that there had been numerous violations at the Applicant's address and she has called the City and complained on many occasions. She commented that when the detached building was built, a building permit was not obtained and after she called the City, they put a Stop Work Order on it. Aragon said that the Applicant had mentioned the building was used for storage, but she said it was being used for storage of people. Aragon commented that one of her main concerns was that of the noise generated from the business and if Downing were to get bigger bids, it would translate into more time that he would be working there. Aragon stated that her neighborhood is a close knit, small neighborhood and she was concerned that by allowing this variance, it would set a precedent and many others in the neighborhood would begin having home businesses. Aragon mentioned that she lives with her 88 year old father who enjoys sitting outside and she is concerned that the noise generated from Downing's business would force him to stay inside. Aragon referred to a slide of the Downing building, where a hole in the side of it had been cut to install a chimney for a wood stove. Aragon said that the chimney opening created large amounts of smoke in the neighborhood and she doubted that having the chimney exit from the side of the building instead of the top was correct. Aragon stated that she expects people to comply with City ordinances and Downing has not complied with ordinances in the past, as she has had to call and complain to the City. Aragon voiced concerns about the truck deliveries and that if Downing got larger jobs, there would be more truck deliveries. Aragon commented that she had to call the City again about the noise generated from the air compressor and reiterated that she continually has to call to make sure violations are taken care of and given Downing's past history, she does not believe he will stay in compliance with City ordinances. Aragon mentioned that the neighborhood is zoned residential and all the residents want to keep it a quiet, peaceful environment. CA:7:1 January 13, 2000 Page 5 Shannon asked Aragon what it was specifically that Mr. Downing was doing that she felt violated her space. Aragon reiterated that she had to call numerous times regarding the building and she had concerns that Downing was housing people in the building as she could see the lights in the back at night. Aragon said she also had to call regarding the smoke that was coming from the building from the wood stove. Aragon commented she called about the compressor noise going into the evening hours and she said she told the City she would continue to call if these situations were invading her space and she will not allow other people to invade the neighborhoods' quiet and peaceful enjoyment. Aragon would like Downing to be responsible and check with the City before he does something to make sure he is complying with City ordinances. Miscio asked Aragon if she has had conversations with Downing regarding these concerns. Aragon replied that she has talked to Downing about some of the problems. Remington asked Aragon how the noise level has been at the Downing residence since December. Aragon replied that she hasn't noticed the noise during that time, but she is concerned that if he has a big job with a deadline to meet he will be working longer hours. Board Discussion: Shannon commented that she appreciates how Aragon is concerned about her neighborhood, but that the issue before the Board is whether or not to allow a home business to be conducted in a detached building. Shannon stated that she believes the business would be acceptable as long as Mr. Downing abides with the regulations. Miscio commented that due to the fact that Downing has already started his business and putting a halt to it until the building was finished could be very detrimental to the new business, he would like to see a 30 or 60 day deadline attached to how soon Downing would have to obtain his Letter of Completion. Shannon made a motion to approve Appeal #2284 with the condition that the Applicant must conform to the City Ordinances for Home Occupations and that the approval only apply to Mr. Downing's cabinet making business. The motion was amended to include the requirement that the detached building be completed and a Letter of Completion be obtained within 60 days. Barnes mentioned that perhaps the Board might want to consider adding to the motion that before the air compressor could be used, the noise reducing cabinet mentioned earlier be constructed and that Rich Kopp from the City take a noise level reading to make sure it is acceptable. Lopez suggested to the Board that they might also require the housing for the compressor be attached to the building, creating a neater appearance. The motion was amended to include the requirement that the air compressor be enclosed in a noise reducing structure. 11 ZBA January 13, 2000 Page 6 Miscio asked Barnes if the Code referred to a certain amount of violations that a business was allowed. Barnes replied that there is not a certain number, but if a drop -dead date is given to comply with a zoning violation and there is not compliance by that date, the court could issue a summons for the alleged violator to appear in court. If the violator pleaded not guilty, then they would attend a hearing where the judge would determine if there was a violation and possibly assess a fine of up to $1,000 for each day of violation. Miscio commented that he would like to see some kind of requirement to limit the amount of truck traffic if Downing's business grew significantly. Downing commented that the most work that he could possibly do at one time would require two deliveries. Downing said that he also does not have enough room to keep any more cabinets and they can not be stored outside. Downing mentioned that if he were to be awarded the bid for the $90,000 job, the contractor would provide 50% of the payment on the job up front and he would rent a shop immediately then the deliveries would be routed there. Downing stated that until the time that his business becomes consistent, he can not take the risk of renting a commercial shop space. Miscio asked the Applicant if he thought he would still be conducting his business from the detached building a year from now. Downing responded that if his work grew much more, he would have to buy a bigger table saw to do the work and he can not fit a bigger table saw in the detached building he has now, so it would be necessary to move to another location to be able to keep all the equipment and supplies he would need to do the work. Stockover asked Aragon if she had any further comments. Aragon commented that she would ask the Board that if they approved this variance, they make a condition that periodic, unannounced checks be made by the City to make sure that the business stays in compliance. Stockover asked Barnes if there was a system set up where periodic checks could be made. Barnes replied that he did not believe there was any kind of system currently in place that would address that issue, but Zoning does do other routine Code enforcement, such as sign violation checks, but if the Board decided to make some other enforcement requirements, Zoning would abide by them. Lopez mentioned that since some City departments, such as Streets, make periodic checks of the alleyways, they possibly could do visual checks for such things as outdoor storage violations etc. and notify Zoning. Lopez commented that with the noise level restrictions, the decibel level has to remain a certain level from any property line, which would include the edge of the alley, although the noise level may be more difficult to police than issues of a visual nature. Stockover asked Shannon to reiterate her motion. Shannon said her motion was to approve Appeal #2284 with the stipulation that the business stay in conformity with all zoning ordinances and this variance would only apply to the cabinet making business of the Applicant. The motion also included that the detached building be finished and obtain a Letter of Completion within 60 days and the air compressor cabinet be adequate for noise abatement. The motion was seconded by Stockover. • ZBA January 13, 2000 Page 7 Vote: Yeas: Shannon, Stockover, Miscio, Remington, Pawlikowski Nays: None Appeal #2284 was approved for the hardship stated. Barnes mentioned to all present that even though the Board did not make a condition that routine inspections be made, Streets would probably be asked to monitor visual aspects such as exterior storage when they make their routine inspections. Barnes also suggested that Downing contact Mike Gebo, City Building Inspections Supervisor, as soon as possible to determine what is needed to obtain the correct building permits. Barnes mentioned that Downing had commented he intended on attaching the air compressor to the building. Barnes hoped this could be accomplished and once the cabinet for the compressor was finished, it would be arranged for Rich Kopp to check the noise level for compliance. Barnes addressed Aragon and told her that if she felt there was a violation taking place, to call Zoning and they would check into it. Other Business: A. Request for Rehearing of Appeal #2279: Barnes informed the Board that the request for the rehearing of Appeal 42279 that was slated for review at this time was withdrawn by the Applicant. Barnes commented on some of the issues that arose during the two previous hearings for this Appeal. Meeting adjourned at 9:58 a.m. William Stockover, Chairperson Peter Barnes, Zoning Administrator