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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/13/1987I ZONING BOARD OF APPEALS Regular Meeting — August 13, 1987 Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, August 13, 1987 at 8:30 a.m. in the Council Chambers of The City of Fort Collins City Hall. Roll Call was answered by Boardmembers Walker, Nelson, Lawton, and Coleman. Boardmembers Absent (Excused): Thede, Barnett and Lancaster. Staff Present: Barnes, Eckman, Zeigler and Goode. Minutes of the Regular Meeting of July 9, 1987 — Approved as Published. The minutes of the July 9, 1987 regular meeting were unanimously approved. Appeal #1828 Section 118-91 (A), by Averum Eakin, owner, 123 E. Drake Road — Approved. --The variance would allow a home occupation sign for a chiropractic office to be approximately 9 square feet instead of the 2 square feet allowed by code. The home is located in the RL zone. --Petitioner's statement of hardship: The business is located on Drake Road, a major arterial street. It is 300 feet from the intersection of Drake and College and borders commercial uses and zones. Since Drake is very busy at this location and speeds are somewhat faster than in a normal subdivision and many turning movements are required by motorists, a larger sign will help with traffic safety and provide more visibility for the business across several lanes of traffic. The petitioner has just moved here from Florida and would like to be able to use this existing sign made of cypress wood." Petitioner Averum Eakin spoke in favor of the variance stating that he proposed to install a sign made out of cypress. He felt that a potential safety hazard existed because his business was difficult for his customers to locate because of the heavy traffic and higher speeds in this area. Original plans dated 1979 were submitted, showing that the property at the time of planning was built with future commercial potential. Boardmember Walker felt that the request was reasonable because of the other Home Occupations along Drake road which had been granted variances in the past. Boardmember Lawton asked if the height was a problem for traffic safety. Zoning Administrator Barnes stated that the sign would be more than 50' from the intersection, which meets all criteria of the sign code, thereby causing no traffic hazard. ZBA Minutes - Augus•3, 1987 • t Page 2 Boardmember Nelson made a motion to approve the variance because of the hardship stated. Boardmember Coleman seconded the motion. Yeas: Walker, Nelson, Lawton and Coleman. Nays: None. Appeal #1829 Section 118-41 (E) by William and Dorothy Heitman, owner 1201 Del Mar - Approved with conditions ---The variance would reduce the required rear yard setback along the south lot line from 15 feet to 4.5 feet for a 2-car garage addition to a single family home in the RL zone. ---Petitioner's statement of hardship: The lot is a corner lot and the house faces the legal side yard, so although this is a request to reduce the rear setback, the addition is actually being built on the side yard, which requires only a 5 foot setback. The petitioner would like to be able to park a boat and a car in the addition and an 18 foot wide garage is necessary to allow a 16 foot wide door. This is the only practical place to build the addition." Petitioner Dorothy Heitman, owner appeared. Boardmembers Coleman and Lawton were concerned about the landscaping that would be removed and also the overhang of the roof. Boardmember Coleman asked if the overhang would encroach upon the easement. Zoning Administrator Barnes stated that the plat did not show an easement; but he would check it again. City attorney Eckman stated that an easement would take precedence if the board were to approve the variance. If an easement exists a permit would not be issued. Boardmember Lawton made a motion to approve the variance with the condition that the addition design match the rest of the house. Boardmember Walker seconded the motion. Yeas: Lawton and Walker. Nays: Coleman and Nelson The motion did not pass. The Boardmembers had some discussion as to why the garage addition needed to be so long. Mrs. Heitman was asked to come back to the podium to answer questions. Mrs. Heitman explained the need for the 36' addition was to store the boat toward the back of the garage with the car parked in front of it. Boardmember Coleman made a motion to approve the variance with the stipulation that the addition doesn't exceed a 12' set back in the rear. This would allow the applicant to build a one -car garage addition if they so desired. The variance was approved with condition for the hardship stated. Yeas: Walker, Nelson, Lawton and Coleman. Nays: None. Appeal it 1830 Section 118-41.1 (B), 118-41 (E), by Jim and Karen Allen, owner, 1754 Waterford Lane - Approved. ---The variance would reduce the required rear yard setback from 15 feet to 12 feet to allow an existing deck to be enclosed and converted into a family room. The house is located in the RLP zone. J ZBA Minutes - August*, 1987 • Page 3 --Petitioner's statement of hardship: The existing deck is about 4 feet above grade and the family room conversion will not be any larger or closer to the rear property line. In fact as much of the deck as possible will be used as the floor in the new family room. The house backs up to a detention pond so this variance will not affect anyone else." Petitioner Jim Allen spoke in favor of the appeal stating that the only practical place to expand is in this location. Boardmember Coleman asked if expansion to the east was an option? Jim Allen replied that he planned on following the existing roof line and also would utilize the lumber from the existing deck for the new construction, so that adding on to any other area besides the location in question would be too expensive and impractical, and would use up a good portion of the yard on the east side, which is the largest play yard area for his four children. Boardmember Nelson noted that he had driven through the area and had not seen any other conversions, but that all of the rear lots appeared similar. He was concerned that the board might be setting a precedence if the variance was approved for other homeowners to apply for the same variance. Zoning administrator Barnes stated that this lot has the shallowest yard in the area because of its location in the bend of the cul-de-sac. Boardmember Coleman made a motion to approve the variance for the hardship that the lot is irregular and placement of the house on the lot causes hardship for expansion on the rear of the house. Boardmember Walker seconded the motion. Yeas: Walker, Lawton and Coleman. Nays: Nelson. Appeal #1831 Section 118-91 (F), by Dan Jensen, owner -developer - 2600 6 2601 Yorkshire - approved with condition ---The variance would allow 2 subdivision identification signs at an entrance into the subdivision instead of the one sign allowed by code. Specifically, the variance would allow 2 signs at the intersection of Yorkshire and Drake, one on each side of Yorkshire, to identify the Quail Hollow subdivision. --Petitioner's statement of hardship: The subdivision has two entrances off of Drake. The developer desires to identify Yorkshire as the main entrance and will not sign the other one. Putting a sign on just one side of the street would look unbalanced, and aesthetically it is better to have two signs. If the lots on each side of the street were in a different subdivision filing, the code would allow the two signs. Both signs together are only 32 square feet total, whereas the one sign allowed by code could be 35 square feet, bigger than the two signs put together." Petitioner Dan Jensen spoke in favor of the appeal so as to enhance the entrance of the subdivision. J ZBA Minutes - Augus&, 1987 • 1 Page 4 Boardmember Coleman stated that the zoning code was interpreted as meaning that one identification sign at an entrance was allowed. Boardmember Lawton made a motion to approve the variance for the hardship pleaded with the condition that only the two permanent signs on Drake road be allowed and not any future signs at other entrances. Boardmember Coleman seconded the motion. Yeas: Walker, Nelson, Lawton and Coleman. Nays: None. Appeal #1832 Section 118, by Thomas Fisher, owner, 1519 Luke Street - --The variance would reduce the required rear yard setback from 15 feet to 10 feet and the street side yard setback from 15 feet to 6 feet for a storage shed located in the RL zone. ---Petitioner's statement of hardship: The petitioner desires to place the shed in this location because existing landscaping would necessitate that the shed be located on the middle of the yard otherwise." Petitioner Thomas Fisher, owner spoke in favor of the appeal stating that he intended to match the materials used on the shed with the existing house, both paint and shake shingles. The setback variance would allow the shed to be placed in an area of his lot that would accommodate the existing landscape and his RV and boat. Zoning Administrator Barnes explained to the Board that the shed was started without a permit and is currently only 3' from the rear property line, but is located in a utility easement and will have to be moved. Boardmember Nelson made a motion to deny the variance because the hardship is self imposed. Boardmember Lawton seconded the motion. Yeas: None. Nays: Walker, Nelson, Lawton and Coleman. Appeal #1833 Section 118-40(B), by Dick Rutherford, Surveyor, 3602 Richmond Drive - Denied. ---The variance would reduce the required lot area from 100,000 square feet to 24,800 square feet for an existing single family home in the RE zone. ---Petitioner's statement of hardship: The owner has not been able to sell the house with so much land in its current configuration. She would like to reconfigure the land into two parcels, and the parcel with the house would have 24,8000 square feet, and the undeveloped tract would have 102,920 square feet. Since the property is on the corner of two arterial streets, it may be more appealing in separate tracts." Petitioner Dick Rutherford spoke in favor of the appeal stating the specifics of the reconfiguration of the land. ZBA Minutes - August& , 1987 Page 5 Reese Christiansen representing Moore & Company realtors appeared to speak in favor the appeal to state the hardship for the owner who is having difficulty selling the property in its present configuration. Howard Zollner, property owner to the south spoke against the variance stating that an approval of the appeal would set a precedence for other homeowners to sell off parts of their land. His concern is for the hardship that the residents of the subdivision would suffer, not the owner who is selling her property for profit. Also appearing against the variance Bill Marlett, property owner to the southwest feels that the intentions of this petitioner are strictly for commercial development. Anna Mae Zollner also spoke against the variance. Homeowners united in opposition to the appeal are: Jennifer Trippel, Marilyn Bollman, Jean Bettger, Pat Gorman and Margaret Gorman. Boardmember Lawton commented on the hardship as being strictly financial and self imposed. Boardmember Walker stated that the property is unusual and should have to go thru a more rigorous process such as a P.U.D., which would not only meet the needs of the owner, but also meet the needs of the neighborhood. Boardmember Nelson felt that the board was being asked to make an exception, and in this case an unfair advantage over the residents. Boardmember Lawton made a motion to deny the appeal for the absence of hardship. Boardmember Nelson seconded the motion. Yeas: None. Nays: Walker, Nelson, Lawton and Coleman. Respectfully submitted, Lloyd Walker, Chairman Peter Barnes, Zoning Administrator