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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 07/09/1987ZONING BOARD OF APPEALS Regular Meeting - July 9, 1987 Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, July 9, 1987 at 8:30 a.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Nelson, Barnett, Lancaster, and Lawton. Boardmembers Absent (Excused): Walker, Thede, Coleman. Staff Present: Fernan, Eckman, Brayfield. Minutes of the Regular Meeting of June 11, 1987 - Approved as Published. The minutes of the June 11, 1987 regular meeting were unanimously approved. Appeal #1822 Section 118-43 (E), 118-43 (F), by Robert Mustain, 121 N. Whitcomb - Denied. ---The variance would reduce the required rear yard setback from 15 feet to 10 feet, and the required side yard setback along the north lot line from 5 feet to 1 foot for a detached 2-car garage/carport in the RM zone. ---Petitioner's statement of hardship: The petitioner has a number of vehicles, including a school bus. They would like to have a building large enough to accommodate them. They need to reroute the sewer from the house to the alley and feel a 13 foot easement is necessary for its maintenance. Therefore, the building needs to be as far north as possible." Petitioner Robert Mustain spoke in favor of the variance stating that he proposed to demolish the existing garage and build a new garage/carport to house several vehicles, including a school bus. Access to the carport/garage would be off the alley, which has very little traffic. Mr. Mustain stated that the garage could not be moved closer to the house because of it would interfere with future plans for an addition to the house, and the garage needed to be as far north as possible to allow room for maintenance of the sewer line. Boardmember Barnett asked why the portion of the garage that did not house the school bus could not be sized down to eliminate the need for a variance. Mr. Mustain replied that he wished to put on a gambrel roof, which would not be possible with an irregular shaped garage. Boardmember Barnett stated that the building footprint is about the size of a three car garage. He felt that the 36' width could be fit on the lot and ZBA Minutes - JuW , 1987 • Page 2 still meet the required setbacks, and that the hardship was self-imposed. Boardmembers Lawton, Nelson, and Lancaster agreed. Boardmember Barnett made a motion to deny the variance because the hardship was self-imposed. Boardmember Nelson seconded the motion. Yeas: Lancaster, Barnett, Lawton, Nelson. Nays: None. Appeal #1823 Section 118-44 (F), by Steve Olt with Resource Consultants, 402 W. Mountain - Approved. ---The variance would reduce the required rear yard setback along the north lot line from 15 feet to 5 feet for a new detached garage/storage building for Resource Consultant's office in the RH zone. ---Petitioner's statement of hardship: The existing garage is old and small, and the petitioners desire to remove it and build a new one to meet their needs. The old one currently encroaches on the adjacent property, so that problem would be resolved. If the 15 foot rear setback were met, a variance would be needed to reduce the south side setback because the lot is very narrow at the place where the building is proposed." Petitioner Steve Olt spoke in favor of the appeal stating that the existing garage is too small to house all the equipment associated with their surveying business, which creates security problems. They plan to demolish the old garage and build a new 2-car garage to house one company vehicle and their business equipment. The proposed location is the best one because it allows space for the 2-car garage and one parking space for company vehicles. The remainder of the lot is client parking for the business, so the garage cannot be moved up on the lot. Boardmember Barnett asked about the surrounding land uses. Mr. Olt replied that the two houses to the west were single family residences, currently rental properties, and the property to the north was a Knights of Columbus facility. Boardmember Lawton stated that the garage could be sized down to 20' x 22' and not need a variance. Mr. Olt stated that the company preferred to build a standard size two car garage so that it could house 2 cars if necessary. Boardmember Lawton felt that if the intent was to store one vehicle and some equipment, the 20 x 22' garage would be large enough and would still meet code. He felt that the hardship was self-imposed. Boardmember Lancaster agreed that the hardship was self-imposed, but could see the advantage of building a standard 2-car garage rather than a 1 1/2 car garage. Boardmember Nelson pointed out that there were four other garages in the immediate area that have less setback than required by code. However, he felt that the 20' garage would be adequate for their needs and still meet code requirements. Boardmember Barnett stated that the hardship was the unusual shape of the lot, and the fact that there was no other place to locate the garage. He ZBA Minutes - A09, 1987 • Page 3 said that the garage could be moved farther south to allow for more setback, but the 4' variance would not have a significant impact on the neighborhood. Mr. Olt stated that moving the garage further south would eliminate the extra parking space that they were trying to maintain for company use. Mr. Olt stated further that they had an agreement with the owners of the adjacent property that if the P.U.D. was,ever developed that they would provide access from the alley for joint parking. Moving the garage further south would eliminate this space. Boardmember Lancaster stated that it would be in the interest of the neighborhood to allow space for the alley access in the event of future development. Boardmember Lancaster moved to approve the variance for the hardship of the unique shape of the lot, and the need to allow alley access for future development of the adjacent property. Boardmember Barnett seconded the motion. Yeas: Lancaster, Barnett, Nelson. Nays: Lawton. Appeal #1824 Section 118-41(E), 118-41(F), by Michael Gebhardt, 600 E. Swallow Road - Denied. ---The variance would reduce the required rear yard setback along the east lot line from 15 feet to 6 feet, and reduce the required side yard setback along the north lot line from 25 feet to 6 feet for a detached storage building for a church in the RL zone. ---Petitioner's statement of hardship: See petitioner's letter. In addition, if the building were located so that it complied with both required setbacks, it would be encroaching onto a driveway, impeding circulation. The proposed location is currently a landscaped area in the corner of the parking lot. The existing fence and hedge will remain and will serve as a buffer to adjacent lots. This variance was granted but they were not able to build and the variance expired." Zoning Officer Fernan reviewed the variance stating that this is a corner lot, and the legal front is Stover, making the east property line the legal rear. The code requires that for churches the sideyard be a minimum of 25 feet. The petitioner is requesting a variance to reduce the required rear yard setback from 15 ft. to 6 ft. and the required side yard setback from 25 ft. to 6 feet for a detached storage building. Petitioner Michael Gebhardt spoke in favor of the appeal stating that when the original building was designed, there was no provision for storage of maintenance equipment. Many locations have been considered for the building, and most of the areas- do not have enough room, or would block windows of classrooms. They decided against putting the building in the parking lot because of traffic visibility problems. Mr. Gebhardt felt that the proposed location is the best, from both architectural and logistical standpoints. They have contacted the neighbors, and they have no objections. The same variance was approved last year, and the contractor put it off until the bad weather hit. He wasn't aware of the six month limitation on the variance. The contractor is now ready to build, and they request that the same variance be approved. ZBA Minutes — JuA , 1987 • Page 4 Boardmember Nelson asked if this project was being done in relationship with some other jobs at the same time. Mr. Gebhardt replied that they were doing some other construction at the same time. Boardmember Lawton stated that last time the variance was heard a neighbor objected because it would block the view of the mountains. Mr. Gebhardt stated that they have seen the plans and no longer have any objections. They were concerned that if the shed was built out in the parking lot it would block their view more than the proposed location. Boardmember Nelson asked if the landscaping would be continued around the building when it was done. Mr. Gebhardt replied that it would be landscaped, and that there was no change from the plan that was submitted last time. Mr. Gebhardt stated that the building would make it easier for them to maintain the property in good condition. Boardmember Lancaster stated that there was not a lot of landscaping in the parking lot, and they would lose more if the shed were built on the proposed location. He asked if they planned to install additional landscaping. Mr. Gebhardt stated that they would install plantings around the building, and hedges in the back. Boardmember Nelson said that he drove by the site and there is a large well maintained hedge on both property lines. Boardmember Nelson stated that the safety hardship was legitimate. Also, the large amount of equipment that needs to be stored is a hardship. Boardmember Lancaster said that there were other places on the lot to put the building that would comply with code and also take care of the safety hardship. This may be the most practical or the most desirable as far as the church is concerned, but it is not the purpose of the board to determine the most desirable location. The board must decide if there is a hardship that cannot be worked out in some manner that meets the zoning code. If there is no other option available, then the variance should be granted. Mr. Gebhardt said that they investigated each section of grass that would meet the existing zoning code, and the only places where the shed would fit have problems. There is a satellite dish in one spot, and on the north side of the building there are windows, which would obstructed by the shed. The storage shed would look out of place in front of the street sides of the building. Mr. Gebhardt said that they considered all of these locations because they would prefer to be within the zoning code. Boardmember Barnett said that he had a problem with the fact that the shed will be put on the largest landscaped area within 120 feet, the most logical corner for accent plantings. Mr. Barnett thought that several parking spaces could be used to construct a pad, and the shed located there. Mr. Gebhardt said that they needed the parking spaces. They used the majority of the spaces during regular meetings, and there are number of ZBA Minutes — Jul*, 1987 • Page 5 meetings throughout the year when the lot is so full and that cars park on the street. They did not want to eliminate parking for the storage shed. Boardmember Barnett said that it comes down to the priority of uses on the site — storage vs. parking vs. landscaping. There are some attractive ways of designing the building so that the setback requirements are met, but at the cost of some parking. Mr. Barnett felt that that there was a way to place the building so that the traffic visibility problem would be solved. Zoning Officer Fernan suggested that the shed be located the required 15' from the rear property line, and 15' from the the side property line. This proposal would only iequire a 10 foot sideyard variance, and would locate the storage shed in the desired corner. Very little parking space would be eliminated by this proposal. The Board then discussed several alternate locations with Mr. Gebhardt. Boardmember Lancaster made a motion to deny the variance for lack of hardship. Boardmember Barnett seconded the motion. Yeas: Lancaster, Barnett. Nays: Lawton. Boardmember Nelson abstained. City Attorney Eckman stated that an abstention was considered to be an affirmative vote. Mr. Nelson then disqualified himself from the vote. Mr. Eckman asked on what grounds. Mr. Nelson said on grounds of membership of the church — conflict of interest. Mr. Eckman said that if there was a conflict of interest, then his participation does not exist in this matter. Three members make a quorum — so there is a 2-1 vote in favor of the motion. Mr. Lawton said that Appeal 111824 has been denied. Appeal #1825 Section 118-41 (E), 118-41 (F), 118-21 (C), by James Newell, 1438 W. Oak — Approved. --The variance would reduce the rear yard setback from 15 feet to 7 feet for a 16' x 28' detached garage and would reduce the side yard setback from 5 feet to 3.6 feet for an addition to a single family dwelling in the RL zone. The variance for the house addition would be extended from 6 months to one year. ---Petitioner's statement of hardship: The owner desires to build a detached garage, but if he meets the required rear yard setback, most of the back yard will be eliminated. Additionally, an existing telephone pole would prevent entrance to the garage. The owner also desires to add on to the existing house which is setback only 3.6 feet from the property line. The owner desires to extend the variance from 6 months to one year for the addition because he will not be able to begin construction within the six month period. Boardmember Barnett disqualified himself from discussion of this appeal due to a potential for conflict of interest. Petitioner James Newell spoke in favor of the appeal stating that he planned to build in two phases, first the garage, and then the bedroom addition to the house. He asked that the variance be granted for one year ZBA Minutes - Julk, 1987 • Page 6 to allow time to finish the second phase. The garage will be about 25' from the neighbor's garage and will have the same architectural style as the house. The driveway would be about 9' from the existing telephone pole. The garage will be 28' wide to allow room for a workshop as well as room to park one car. Mr. Newell stated that he talked to the neighbors about the plan, and they have no objections. Boardmember Lawton felt that the setback variance for the bedroom addition was necessary so that it could line up with the house. However, the garage could be setback 12' instead of the requested 7 feet and still allow room for the utility pole. Boardmember Lancaster stated that he did not have a problem with the request because it was a corner lot. Boardmember Nelson stated that the garage could be moved up on the property and be attached to the house addition. He did not see any hardship for the 7' setback because the garage could be setback as far as 11' and still not interfere with the telephone pole. He felt that there was a legitimate hardship for the variance for the bedroom addition. Mr. Newell stated that setting the garage back 11 feet would reduce an already small yard space and also create a "no man's land" between the garage and the property line. He planned to have a garden, but the space would be on the north side of the garage which would be unsuitable for garden because of lack of sunlight. Boardmember Lancaster said that although the 11' setback would be less of a variance, there would not be significant gain, and it might be a detriment because such small strips between the garage and the property line tended to accumulate clutter. He felt that it would be a better use of the available space to have the 7' setback. Boardmember Nelson pointed out that maintaining the space between the garage and the property line was the homeowner's responsibility. He did not see that it was a valid hardship. Boardmember Lawton made a motion to approve the variance for the hardship stated. Boardmember Lancaster seconded the motion. Yeas: Lancaster, Lawton, Nelson. Nays: None. Appeal #1826 Section 118-41 (B), 118-41 (C), 118-41 (D), 118-41 (E), 118-11 (Dwelling), by Jeffery Lebesch - Denied. ---The variance would reduce the lot area from 6000 square feet to 3760 square feet, the minimum lot width from 60 feet to 55 feet, the minimum front yard setback from 20 feet to 4 feet for a new home, and the rear yard setback from 15 feet to 5 feet, for an existing garage, to create a lot in the RL zone. The variance would also allow a dwelling to contain only 672 square feet instead of 800 square feet as defined in 118-11. Petitioner's statement of hardship: The prospective owner desires to split an existing unplatted lot into two lots. Due to the location of ZBA Minutes - July 9, 1987 Page 7 the existing house and garage as it is not possible to create a new lot that will meet minimum requirements. The variances are necessary before the Planning & Zoning Board can approve a subdivision." Zoning Officer Fernan stated that the petitioner wishes to subdivide an unplatted lot and obtaining the variance is the first step in the process. If approved, the project would then be reviewed by the Planning & Zoning Board. The major thrust of the variance was the requested lot area reduction, and because of the size of the lot, there is no way to subdivide without a variance. Petitioner Lebesch spoke in favor of the variance. The lot in question is currently vacant, and has been an eyesore to the neighborhood. Mr. Lebesch wishes to purchase the property and to build a small energy and space efficient house. The construction is wood frame, 1 1/2 story, with natural wood siding. The house would be 672 square feet in area, including the loft area. The property in question is currently part of the lot at 1220 LaPorte. Boardmember Lawton asked why the new property line is so irregular. Mr. Lebesch said it jogs around to create a 5' setback for the existing garage at 1220 LaPorte. Mr. Lebesch said that the five foot easement was requested by city utilities for service for 1220 LaPorte Avenue. Ms. Fernan stated that there was a very large public right-of-way along Columbine Court in front of his property, so his front property line is setback quite a distance from the curb. Boardmember Nelson asked how the existing right-of-way affected Mr. Lebesch's plans to build. Mr. Lebesch said that the area of the right-of-way is about 1000 sq. feet, and if the city kept it, he would need to arrange to put his driveway through the right -of way. However, there was some possibility that the City will vacate the right-of-way and some question as to how much of it would go to 1220 LaPorte, and how much would go to the adjacent property owner on Columbine Court. Ms. Fernan pointed out if the whole right-of-way was vacated to the adjoining property on Columbine Court, the lot would be without street frontage, which would be an illegal situation. Bob Hollister, 201 Columbine Court, spoke in opposition to the variance. He felt that the lot was too small for a house, and property values would go down in his neighborhood if such a small house was built on a small lot. Mr. Hollister stated further that there is a curve on Columbine Court, and if cars parked on the street in front of the new house, a blind corner would be created. Mr. Hollister pointed out that there were other lots in town where a house could be built with no variances so he did not see the hardship. Boardmember Lawton asked if there was any way that the house could be built on the lot without a variance. Zoning Officer Fernan replied that there was no way to to build without a lot area variance. Boardmember Lancaster pointed out that if the right-of-way was vacated to 1220 LaPorte the lot area would be large enough to build a second house without a variance. ZBA Minutes - Jul 9, 1987 • Page 8 Boardmember Lawton said he did not see a hardship. There was a hardship in the size of the lot, but only if the lot was approved. But as the lot exists, there is no hardship. Boardmember Nelson agreed, stating that the Board was being asked to give five different variances, none of which brings the property up to the standards of the existing neighborhood. Boardmember Barnett said that if there is hardship, it is that the lot at 1220 LaPorte approaches 12,000 sq. feet, and by the time you add their responsibilities for maintaining the adjacent right-of-way, it's at 12,000 square feet. Further, the location of the house on the lot is such that you can't logically split it into two separate lots that are near 6,000 sq. feet. The petitioner is proposing to subdivide and to build a 672 sq. ft. house, and that hardship is self-imposed. Boardmember Barnett made a motion to deny the variance for lack of hardship. Boardmember Nelson seconded the motion. Yeas: Lancaster, Barnett, Lawton, Nelson. Nays: None. Appeal #1827 Section 118-41(F), by Bob Mooney, for Architectural Resource Group, 330 S. Grant - Approved with Condition. ---The variance would reduce the minimum street side yard setback from 15 feet to 12 feet for a garage addition to a single family dwelling in the RL zone. ---Petitioner's statement of hardship: In order to get a useable deck size and attached garage off the back of the house and to have the addition more or less line up with the existing house it is necessary to reduce the required setback." Petitioner Bob Mooney said that this is an older home, and owner intends to add on an attached garage to replace the small garage at the back of the property. He also plans to add on a breakfast area. The addition is on the side street side of the house, and in order to get some usable side yard, they plan to move the garage towards the street. There are other areas of the yard that currently project into the 15 foot setback such as the front deck and the bay window. The depth of the garage is very narrow to pick up as much side yard, therefore they have increased the width of the garage for storage purposes. Mr. Mooney said that the owner intends to work with the existing architecture, and is trying to avoid a long straight addition to the house. Mr. Mooney explained the design considerations which necessitated the 3' foot variance, which included designing the door into the breakfast nook addition which would not appear to be the front door, and to keep the addition from looking like an obvious add -on. Boardmember Nelson pointed out that the addition would not extend any further into the 15' setback than points of the existing house. Mr. Mooney said that the addition would be further back than the front porch, which has only a 9'6" setback. (The house was built in 1907 before the setback requirements existed.) ZBA Minutes — July 9, 1987 • Page 9 Boardmember Barnett stated that a car parked in the driveway would block the sidewalk. Mr. Mooney replied that they were looking into moving the sidewalk back at that point, stating that because there is 20'from the property line to the curb there is adequate distance for a jog in the sidewalk. Zoning Officer Fernan stated that moving the sidewalk would be done through the Engineering Department. They would approve it, and the owner would have to bear the cost of it. Ron Baker, owner of the property, spoke in favor of the variance, stating that he and his wife bought the property nine years previously, and had since done extensive repairs and remodeling. Their number one priority is to maintain architectural integrity in the neighborhood. For that reason they are going for a brick face on the addition. Without the requested variance they would get that straight line look across the back. Also, they would have to install a door there, which would be confused for the front door. Mr. Baker said that they do not intend to park the car across the sidewalk, and would be willing to bear the cost of moving the sidewalk. Boardmember Barnett stated that the proposed design is an excellent solution to the design problem. The hardships are that the lot is very narrow, and the distance between the property line and the street is so wide. Boardmember Lawton felt that the variance should be conditioned on city engineer's approval of moving the sidewalk. Boardmember Lancaster made a motion to approve the variance for a one year time period with the condition that the sidewalk issue be resolved with the city engineer. Boardmember Barnett seconded the motion. Yeas: Lancaster, Barnett, Nelson, Lawton. Nays: None. Meeting Adjourned. (tiNilt,! b7�iZ�r ..�J Anne Fernan, Staff Support Dave Lawton, Vice -Chairman