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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/11/1988• ZONING BOARD OF APPEALS August 11, 1988 Regular Meeting - 8:30 A.M. Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, August 11, 1988 at 8:30 A.M. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Lancaster, Lawton and Coleman. Boardmember(s) absent: Thede Staff present: Barnes, Goode and Roy Minutes of the Regular Meeting of July 14, 1988, Approved as Published The minutes of the July 14, 1988 regular meeting were unanimously approved. Appeal #1885. Section: 29-303, by Bob Gallenstein, 501 S. Taft Hill Road - Approved. ---The variance would reduce the required setback from a zoning district line from 20 feet to 12 feet for a two -bay car wash addition to an existing nonconforming gas station in the BL zone. This reduction would occur along the west lot line. —Petitioner's statement of hardship: The petitioner desires to add the car wash bays onto the west side of the existing gas station where the 20 foot setback is required. By placing the addition on the west side, there will be reduced traffic safety impact on the neighborhood and on Taft Hill Road than if it was placed on the south side where no variance is required. If the addition were on the south side, there would not be enough room to meet the stacking requirements of the code and a variance would be needed to reduce the amount of car stacking space. The stacking requirements are met by placing the addition on the west side. --Staff comments: If the ZBA approves this variance, the petitioner will then proceed to the P&Z Board for consideration of enlarging a building containing a nonconforming use. If the addition were placed on the south side, the stacking requirements could be met if cars entered from Mulberry and exited on Taft. However, the petitioner feels the site will function better if cars enter from Taft and exit on Mulberry. If the circulation works that way, then the stacking is not sufficient under the code." ZBA Minutes August 11, 1988 Page 2 Zoning Administrator Peter Barnes stated that this existing gas station is located on the corner of Mulberry and Taft Hill Road. It is located in the BL zone (Limited Business) and does not allow gas stations or car wash facilities as a use by right. This gas station was in existence prior to the change of the code, therefore, it is considered a nonconforming use but is allowed to remain in operation. If this variance is granted, the petitioner will be required to proceed to the P&Z Board for consideration of enlarging a building containing a nonconforming use. Additionally, the BL zone has no setback requirements, therefore a structure could be built right up to the south property line. However, in this case a zoning district line is located on the west side of the property; a zoning district line does require a 20 foot setback. This variance request is to allow a 12 foot setback from the zoning district line rather than the required 20 foot setback. Jim Gallenstein, the owner's son, stated that the addition of one car wash bay and one additional bay used for auto emission and auto tune-up is proposed to be built on the west side of the existing building. The reason for locating the addition on the west side is primarily for customer safety. Because traffic volume on Taft Hill is approximately 12,000 vehicles per day compared to 6,800 vehicles per day on Mulberry, Mr. Gallenstein believes that to enter from Taft Hill, go through the car wash and then re-enter traffic on Mulberry will achieve safer traffic flow. It was determined that an addition could be built on this property without the need for a variance if the addition were placed on the south side of the existing building. The 100 foot stacking requirement for a drive-thru facility could be met if traffic entered off of Mulberry and then re-entered traffic on Taft Hill. Boardmember Coleman addressed staff asking if the City's Traffic Engineer had any recommendation or preference for this location. Mr. Barnes stated that he had met with Rick Ensdorff, City Traffic Administrator, and that although he agreed with the fact that Mulberry carries less traffic, he was neutral regarding a preference of which street to enter or exit from. Boardmember Coleman suggested an alternative of placing the service bay on the south side, and the car wash on the west side, thereby dismissing the need for any variance. Mr. Gallenstein stated that a minimum of 23 feet is needed for a right angle turn. To provide the 23 feet would mean setting the car wash addition an additional 8 feet back to the west, therefore resulting in the need for a variance to locate the addition closer to the zoning district line then the required 20 foot setback. Mr. Barnes added that currently the proposed addition is considered to be an accessory use, actually enlarging a building containing a nonconforming use. To set the proposed addition back 8 feet would require that the addition be detached from the existing building. A separate building might be considered another use and the petitioner would possibly have to go through another process such as a P.U.D.. Boardmember Lancaster was concerned if adequate access would be provided for emergency vehicles. Mr. Barnes replied that frequently a 20 foot service drive is required. ZBA Minutes August 11, 1988 Page 3 If all portions of a building are within 150 feet of where the truck is parked, the 20 foot service drive is not required. In this case, existing curb cuts on Taft gill and Mulberry provide adequate distance requirements for the building, plus the proposed addition. Boardmember Lawton commented that he disagrees with the City Traffic Administrator with respect to the potential traffic safety hazard at this site and feels that exiting onto Mulberry is the safest of the two available exits. Boardmember Lancaster added that the addition to the back of the building is aesthetically superior to a full wall of service bays along the front of the building. Boardmember Lancaster made a motion to approve the variance for the hardship stated. Boardmember Lawton seconded the motion. Yeas: Lancaster and Lawton. Nays: Coleman. Appeal #1886. Section 29-591 (6), by Jackie O'hara, Northwest corner of Regency Dr. and Harmony Rd. - Partial Approval, with conditions. --The variance would allow a subdivision entrance sign to be located at a location other than the entrance to the subdivision. The variance would also allow the entrance sign to be 42.25 square feet per face instead of the required 35 square foot maximum for a subdivision entrance sign in the rlp zone. --Petitioner's statement of hardship: The petitioners desire to install the sign here because this is the only visible entrance into the subdivis on. The legal entrance is the intersection of Hilburn and Regency, some 300 feet away from Harmony. The face of the sign is only 18 square feet but because it is being placed on a brick wall, a portion of the brick wall has to be counted as sign face. —Staff comments: none" Zoning Administrator Peter Barnes addressed the Board stating that this is a fairly common request. The petitioner is requesting that the Regency Park Subdivision identification sign be located at the corner of Harmony Road and Regency Drive which is approximately 300 feet south of the actual entrance located at Regency and Hilburn. The Code states that a subdivision identification sign is to be located at the entrance into the subdivision. The existing condominium at this corner was built in what originally was the Belair P.U.D.. The subdivision didn't progress as planned so it was replatted into the Regency Park Master Plan and is part of the overall development. It is the petitioner's intent to identify this entire area as Regency Park. The second part of this variance request is to allow the entrance sign to be 42.25 square feet per face instead of the required 35 square foot maximum. Jackie O'hara of Home Federal Savings stated that building activity was slow in this development and felt that locating the subdivision entrance sign at the proposed location would increase the public's awareness of the Z ZBA Minutes August 11, 1988 Page 4 development's existence. Boardmember Coleman questioned Ms. O'hara as to how the size of the sign was arrived at, and why it doesn't comply with the Code. She replied that the sign contractor may not have been aware of the Sign Code's limitations, and also felt that the size of the sign was designed to tie in with the overall look of the large Tudor style condominium that is in the vicinity of the proposed sign's location. Boardmember Coleman made a motion to approve the variance to locate the subdivision identification sign at Harmony and Regency for the hardship stated, with the condition that no other signs be permitted at this same location. The motion also states that no permanent identification sign be allowed at the actual entrance to the Regency Park Subdivision at Regency and Hilburn. Additionally, the Boardmembers agreed that this sign could easily be made smaller without changing the character of the sign. It was noted, that in the past, variances have been granted to allow larger signs, but in those instances the sign was part of a fence or wall. In this case, the sign is a free-standing ground sign, therefore, the motion denies the request to allow the sign to be larger than 35 square feet. Yeas: Lancaster, Lawton and Coleman. Nays: None Appeal 51887. Section 29-493 (1), by James Brannan, of John Dengler 6 Associates, 899 Riverside - Approved. --The variance would reduce the required minimum average landscaped parking lot setback requirement from 15 feet to 6 feet along Riverside Drive for a portion of a new parking lot for Houska Garage located in the C zone. (This same variance was granted on December 10, 1987, but because of delays in getting some right-of-ways vacated by City Council, the owner was unable to obtain a permit within the required 6 months). This is basically a renewal of the previous variance. —Petitioner's statement of hardship: See petitioner's letter. In addition, the landscape setback along the east lot line will be increased from 5 feet to 8 feet, and many existing unsafe traffic problems will be resolved. The delay in the right-of-way vacation prevented the issuance of a permit for several months, otherwise a permit could have been obtained within the required 6 months. ---Staff comments: The proposed improvements will clean up the property and create a safer traffic circulation pattern." Zoning Administrator Peter Barnes explained that this issue was tabled by City Council for further input by City departments regarding the vacancy of some right-of-ways. Because of the delay, the owner was unable to obtain a permit within the required six months. Therefore, the appeal is before the Board again. If the variance request is approved it would greatly enhance the intersection and the entire site. The proposed changes, comply and in some instances, exceed the code. The variance requested is to reduce the required landscape area along Riverside. The hardship, in part is caused by the City, because the City is recommending a large walk be installed along Riverside and Myrtle. Currently there is no walk at this location. a ZBA Minutes August • 1988 Page 5 James Brannen stated that the overall proposal has been negotiated and approved by City_ Council. One modification was made to the site to decrease the overall depth of the parking area by reducing the parking space nearest the Riverside and Myrtle intersection to accommodate a compact car, resulting in better sight distance for vehicles at the intersection. Boardmember Lancaster commented that he considered this a good plan when it was approved in December, and still considers it to be a good plan. The others Boardmembers agreed. A motion was made by Boardmember Coleman to approve the variance, and seconded by Boardmember Lancaster. Yeas: Lancaster, Lawton and Coleman. Nays: None The meeting was adjourned. Respectfully submitted, Dave Lawton, Chairman 0 ,�� 'gC" Peter Barnes, Zoning Administrator