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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/10/1985a • ZONING BOARD OF APPEALS October 10, 1985 Regular Meeting - 8:30 A.M. Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, October 10, 1985 at 8 30 A.M. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Boardmembers Johnson, Lieser, Thede, and Dodder. Boardmembers Absent: Murphy and Walker Staff Present: Barnes, Zeigler, Roy, and Ball Minutes of the Regular Meetings of August 8, and September 12, 1985, Approved as Published. The minutes of the August 8, and September 12, 1985 meetings were both unanimously approved (August 8 minutes were approved at this meeting due to a lack of attendance of Board members at the September meeting.). Appeal No. 1672. 1940 Larkspur - Tabled until the November 14, 1985 meeting. Appeal No. 1673. Section 118-93(B)(4) by Victor Szidon, 1630 S. College Avenue - Approved. "---The variance would increase the sign allowance for a mixed -use, commercial building from 100 square feet to 125 square feet. The building is located in the HB zone. ---Hardship pleaded: The owner has vacant spaces in the building, but no signage allowance left. He can't rent out additional space unless the tenants can have signage. Since the building is two stories, more signage is required than a one story building because there are more tenants, however, a building doesn't get any bonus allowance for having a second story under the sign code provisions. ---Staff recommendation: Approval. The hardship is somewhat self imposed, but the property has very little sign allowance. The second story tenancy is somewhat of an unusual circumstance in Fort Collins." There were no notices returned. There were no letters received. Boardmember Dodder withdrew himself from this particular appeal, due to a conflict of interest. Victor Szidon, owner of the commercial building at 1630 S. College Avenue, stated that Donavon's Driver's Training School, desires to put up a sign. The lease is predicated upon obtaining a variance for a sign. ZBA Minutes Page 2 There was some discussion as to the other vacancies in his building. At the present time Szidon has two (2) vacancies in this building, and if another person wants to put up a sign, Szidon stated that it wouldn't be possible. Boardmember Thede made a motion to approve the Appeal for the hardship pleaded. Boardmember Johnson seconded the motion. Yeas: Johnson, Leiser, and Thede. Nays: None. Appeal No. 1677. Section 118-96(A) by Jeff Taylor, 1739 S. College — Approved. "---The variance would allow a projecting wall sign over private property to be 60 square feet per face. The sign is for "The Workout" located in the Fox Shops in the HB zone. ---Hardship pleaded: The sign is really not a projecting wall sign as intended by the code. It is parallel to the wall of the building and mounted on a rail which is 4 feet from the wall. Therefore, the sign is really more like a flushwall sign, which has no sign limitation. This is the only place to put a sign because below the rail is all glass, and the wall above the rail would be used for signs on the top floor. This business is on the bottom floor. ---Staff recommendation: No notices were returned Approval." No letters were received. Zoning Administrator, Peter Barnes stated the sign in question is already up, it is made out of canvas and it has been treated as a banner and a twenty (20) day banner permit has been issued for it. The sign is located on a rail on the edge of the walkway approximately 6 feet from the wall of the building. Mr. Barnes pointed out that since the sign is more than 12 inches from the wall of the building it is no longer a flushwall sign but the sign code automatically puts it into the catagory of a projecting wall sign. Jeff Taylor, the petitioner, stated that it is clearly a unique situation which doesn't fit into the flushwall sign code or the projecting wall sign, and he hopes the Board grants the variance in Light of the situation. BoardmemberDoddermade a motion to approve Appeal number 1677 for the hardship stated. Boardmember Johnson seconded the motion. Yeas: Johnson, Leiser, Thede, and Dodder. Nays: None. Appeal No. 1691. Art March for LCAS, Inc., 1415 S. College — Upheld the Community Development Department staff's decison. "---The petitioner is appealing the determination made by the Community Development staff that the proposed use of the property at 1415 S. College by the Larimer County Alcoholic Services does not comply with the conditions set forth in the 1415-1417 S. College P.U.D. ZBA Minutes Page 3 ---Petitioner's and staffs presentation to be made at meeting." One notice was returned. One letter was received. Peter Barnes pointed out that the 1415-1417 S. College P.U.D. was approved by the Planning and Zoning Board, approximately five years ago. There were certain conditions placed upon the P.U.D. at that time. There are two conditions that apply to this; 1) the uses permitted are limited to professional offices defined in the Zoning Code, excluding medical, dental, and real estate offices or clinics; 2) the average number of vehicular trips cannot exceed twenty (20) per day to the building. Mr. Barnes further stated that the city code at this time does not have any provision for clarification or determination to take this back to the Planning and Zoning Board. Currently the code requires that it would come before the Zoning Board of Appeals. Barnes pointed out that the question before the Board is to provide clarification as to whether or not the proposed use by the Larimer County Alcoholic Services complys with the conditions set forth on the P.U.D. Elaine Kleckner, staff member of the City of Fort Collins Planning Division, wanted to point out what the intent was when they put those conditions on the P.U.D plan. She started out by looking back at some of the history of this area in terms of people's concerns about the neighborhood compatability aspect. Kleckner stated that on January 4, 1977, City Council expressed some concern that affirmative plans for the transition of that neighborhood be developed. They were seeing some proposals at that time where commercial uses wanted to go into some of the older residences. They recognized that the neighborhood was unique, meaning that there are large older structures and mature vegetation. These two blocks of College were viewed as being special and they wanted to retain this character. Kleckner further stated that based upon a letter from John Clarke, resident in that neighborhood at that time, Council unanimously established a moritorium on any variances to allow commercial uses in those residences until staff could develop some policy guidelines. Planning staff went ahead and developed some policy guidelines which attempted to address those types of things. In those guidelines they focused a lot on traffic, which explains the condition on the plan that tries to limit traffic to some degree. She further explained that when the P.U.D. plan for this lot came in at the Planning and Zoning Board level, there was discussion on limitations of development. At the City Council level, discussion focused on adverse traffic impacts. At that time staff pointed out a portion of those policy guidelines, which became a part of the Board's consideration, and the City Council-s consideration of that item. Kleckner then quoted a portion of the minutes from those policy guidelines, "the area including lot 1417 and the lot north of it, generally consists of houses which should be preserved, provided that appropriate commercial uses can be located within them. The suitability of such uses should be a function of vehicular traffic generation to a large degree and of the U ZBA Minutes Page 4 compatibility between the various uses to a lesser degree. Commercial uses on these six (6) lots should be limited to non -retail, and only low trip generating uses not to exceed twenty (20) daily trips including those of employees." She further pointed out that Community Development Staff believes that Larimer County Alcohol Services, with the use described to them, may have some trouble meeting the low intensity use requirement. One of the concerns that they have is that it is not a dispursed type of use. Planning staff feels the Board should go a bit further in their interpretation of the type of business condition, (stated above) by adding that businesses with a high intensity of use, which may be disruptive to the character of the neighborhood should also be added to the exclusions already stated. They would propose to define high intensity uses, as those with a large client load or a type of use that doesn't generate that steady dispursed flow of traffic. In conclusion, Kleckner stated that they would encourage the Zoning Board of Appeals to look beyond the issue of semantics in exactly how the conditions are worded to what the intent of those conditions were and to recognize the special character of the neighborhood. Community Development Staff is presently working on a set of design guidelines for those two blocks which they hope to have done by the end of the year. These will set guidelines for when commercial uses come in. Boardmember Dodder asked what the trip limits are on the other properties in the area? Rick Ensdorff, City Traffic Engineer, answered that he was not aware of any other traffic limitations on any other P.U.D."s. He further pointed out that currently when they review a project, they will determine if it's impacts are acceptable or not. If not, they will give the developer the opportunity to make changes to the street system, curb -cuts, de-exceleration lanes, to make the situation work for the current level of traffic, and for a future target level. Boardmember Dodder pointed out that this P.U.D. is an exception. Ensdorff answered yes. Dodder wanted to know why? Ensdorff answered that he didn't know why other than what had been presented already. He was not the traffic engineer at the time, he said at the time he would imagine that they were trying to make some sense out of what was happening, and put some qualifiers on what they saw happening to make it safe and efficient. He further stated that they now try to address the issue up front and get it solved. Boardmember Dodder asked if Ensdorff has reviewed the traffic flow on this P.U.D. and does he feel the limitation is reasonable or not? He answered that being a current P.U.D., plan, the twenty (20) vehicle limitation, is part of the rules of that P.U.D., if it wasn't there, in their analysis of the traffic impact, which they have expressed to the applicant, they do not see a negative impact from the traffic circulation. They do see a problem with parking, but from the traffic circulation from this facility they do not think it would be unacceptable for that area. 9 • ZBA Minutes Page 5 Art March, attorney representing the petitioner, LCAS, Inc., explained to the Board that this was not a request for a variance, they are not asking that they lower the twenty (20) number, and they are not asking to change the uses permitted, although he pointed out that the Planning Department has apparently reversed the variance from their standpoint, and they'd like to increase the restrictions that are on the P.U.D. All he was asking was that they interpret the P.U.D., as the Zoning Code says they are the body to do, and determine whether or not the use proposed of the property fits within the requirements of the P.U.D. March further explained the other properties in the area, which have been used for commercial buildings. March explained that historically there was a Real Estate office that was boot -legged into this property. They occupied it as a residence and started having more and more sales out of their house, and soon starting having their employees in there. They wanted to continue. There were complaints filed, and therefore went through the P.U.D., and agreed to the restrictions. They then decided to go elsewhere, but they did want to use the property for commercial purposes. He feels that College Avenue isn't really an appropriate residential area, the neighborhood still has residential character, and the appearance of the residential neighborhood is what is trying to be preserved. Mr. March then went back to the question of interpretation by stating that the P.U.D., as it has been approved and is now by virtue of that approval part of the zoning ordnance of the City of Fort Collins, allows this property to be used for professional offices as they are defined in the zoning ordinance. He explained that they provide counseling for alcoholics. They have a scheduled program, group sessions, and one on one counseling. Those people will come to the property, if this use is allowed, and they will receive counseling and they will leave the property. He stated that this is the use that will be made of the property. He doesn't feel that there is any real controversey over whether or not the use to be made fits within the definition that's allowed on the P.U.D. March further stated that the staff would like to further expand the restrictions, and he feels that they are being over zealous. He thinks they have really misinterpreted their role. He stated that the Board's function is to interpret the P.U.D., and see what's required. Not to enlarge on it or subtract from it. That is a function of the Planning and Zoning Board. March felt there were some things that needed to be interpreted, such as the limitation of the twenty (20) trips a day. He quoted from the P.U.D., restrictions, "vehicular trips per day to either building are not to exceed an average of twenty (20) including employees." He feels this is fairly clear, that it is a restriction on the number of times a car can come to the property in a given day. Because of the nature of the clientele, most of the clients do not have a driver's licence. Most will be walking, or taking the bus to get to this property. He has suggested that they keep a log of the trips per day to be sure they do not exceed what they are allowed. The next question Mr. March asked is what is meant by an average? He feels they need to have some logical period of time to use as an average. He could only think of three logical ones, a year, a month, or a week. They have figures of what the average use would be for a week or month or year. ZBA Minutes Page 6 Mr. March brought up the last question that has arisen, and he is not sure what the staffs position is because it has changed over time as they have gone along. At one point they had taken the position, that they had decided in advance that the number of vehicular trips that would be made to this property would be more than twenty (20), and therefore they denied the request. That was before they had presented the data we have to them, so they may have changed their mind on that. March stated that he thinks that is improper. He further stated that certainly his client will have to abide by the limitations as long as the limitation is on this P.U.D., but he does not think that it is proper for the staff to prejudge that matter, and say we deem that you are going to have more than twenty (20) trips per day, despite your assurances that you won't and that you can control that, and therefore we are going to deny you the right to go in there. He feels that if in fact the average is exceeded, as this Board would determine what an average is, then they are going to be guilty of a violation of a zoning ordinance. He has explained to them that means that they can be prosecuted in a municipal court for a misdemeanor or a violation of city ordinances, it also means that the city can go in a court and get an injunction against their continuing to use the property if they violate the ordinance. He said that they are well aware of that. That's a condition that they are willing to take the property with, and willing therefore to abide with. Mr. March suggested to the Board, that this really is not a question of semantics, it is a question of what the limitations are. He further stated that there are well established legal principals that deal with interpreting zoning ordinances, 1) Zoning is referred to as a measure that is in derigation of the common law rights of a property owner to use his property for whatever purposes he pleases. Zoning ordinances or provisions should be strictly construed in favor of the property owners right to use his property as he wishes. He wants them to keep this in mind, and that they are not to stretch the provisions of the law beyond what that law says, to further restrict the property owners right to use his property. 2) Should use a common sense definition of terms. They are not to define terms in a strained way, but to use their ordinary, everyday meaning of such terms. The only real question Mr. March said he could come up with concerning what this P.U.D., says is what is the average. He feels that is one that is open to the Board's decision. In his view, the question of the use that is being made, is not in question. They are going to be making professional use of the property, it fits the City's professional office definition, in the zoning ordinance, and the trips per day really is the only one (and they are going to keep it to twenty (20)), but they need to know what the average is.) Boardmember Thede asked if they were talking about purchasing this building or leasing it? March answered that it is to be purchased. Boardmember Dodder asked where they were presently located? March answered that they are located right across the street and a block down. one half block to the north and across the street. Tom Jackson, Executive Director of this Corporation, Larimar County Alcohol Services, was asked questions by Mr. March when he approached the podium. ZBA Minutes Page 7 Mr. March: What is Latimer County Alcohol Services? Mr. Jackson: It is an outpatient information and treatment center, that has existed in Fort Collins since 1971. Mr. March: Is it a profit or non-profit organization? Mr. Jackson: It is a community non-profit organization. It is funded in part by United Way and contract funds by Latimer County and the Citys of Fort Collins and Loveland. Mr. March: So you receive your funding from among other things the City of Fort Collins and Latimer County? Mr. Jackson: Yes. Mr. March: What services do you provide to people? Mr. Jackson: Our primiary service is to give education and group thepery services to people referred to our agency by a variety of sources. Primiary activity is to meet with clients and groups of 8 to 12 persons, and meet with them on an individual basis and help provide them with the life skills necessary to continue their lives drug free. Mr. March: You conduct these in offices, is that right? Mr. Jackson: That's right. Mr. March: What kind of a day time, night time load would you have? When is your primary business done? Mr. Jackson: Our business hours are from 10:00 A.M. to 10:00 P.M., five days a week, Monday through Friday. A good portion of our clientele are working of course, and because of their involvement with their offices, and their occupations we need to be available to them after hours. A great portion of what we do and I can't name a percentage for you on this spot, but a great portion of what we do is after 6:30 P.M., in the evenings, because that's when most of our clients are available to its. Certainly there are clients that come to and from the building during the day, but relatively small numbers of them. Most of my employees work from late morning or early afternoon until 10:00 P.M., to meet with those clients. Mr. March: Do you have any knowledge of how your people get to where you are now? He then stated that he had mentioned that the office was across the street and about a half a block north, is that correct? Mr. Jackson: Yes, it's 1318 S. College right now. Mr. March: How do people come there right now, do you know? Mr. Jackson: We are right across the street from the main South College Transfort bus stop. A great portion of our clients ride the bus to our clinic and they will either car pool or walk or ride bicycles home. Since a good portion of our clients are in our program for reasons involving the seizure of the driver's licence, most of them have to provide other forms of transportation. Many ride bikes, many walk, many ride the bus. Some carpool, and some drive their own cars. Mr. March: Is the parking lot connected with the property you now have? Mr. Jackson: Yes. Mr. March: How many spaces does it accommodate? Mr. Jackson: Fourteen (14). Mr. March: Is your use the only use on that property? Mr. Jackson: No, there is now a State Farm Insurance agent on the second floor of our building. Mr. March: And you occupy the lower floor? Mr. Jackson: That's right. Mr. March: Do you have any times when you have difficulty with having enough parking spaces on a fourteen (14) car parking lot? Mr. Jackson: We have not had yet, no. Mr. March: Is that true with the insurance agency there as well? Mr. Jackson: Yes. Boardmember Thede asked Mr. Jackson how many employees he has? Mr Jackson answered that the corporation employes twelve (12) people, including himself. Three (3) of them work full time in Loveland. He further explained that some of these employees who work in Fort Collins, work on different day of the week, so there are nine (9) people employeed at the ZBA Minutes Page 8 Fort Collins office. Boardmember Thede asked on an average how many people come to work for him there? Mr. March at this time said he had some information that could explain that if she liked. But he felt it was still a little bit difficult, because he said he still didn't know what kind period they would like to use for averaging. Mr. March wanted to know if there was any way they could have a decision on that one issue? Boardmember Leiser stated that regarding Thede's question, they need to know on a daily basis how many people they have on staff at any given time during the day. Mr. Jackson said he'd try to answer that question, but he would have to give it to them on a day at a time, becaue the staff fluctuates, the staff levels are different on different days of the week. He stated that there are four (4) employees in the building on Monday. Their hours are unique in that some come for a short period of time, others for the entire business day. Tuesday is a different situation, there is a different group of people who come, and there can be as many as six (6) employees. He further stated that Wednesday is probably their busiest day. The last three Wednesdays, they had occasions when all nine (9) of the employees who work during the business week were in the building sometime during the day. Thursday is a slightly less busy day, Friday is a much smaller day in terms of staff intensity because there are employees who only work Monday through Thursday and they have three day weekends including that Friday. There is another group of employees who work Tuesday through Friday. He feels that they are literally going to have to give the Board an average to tell them how many people come and go from the building. He used the month of April to generate a series of figures because April was the busiest month their agency has had in the last twelve (12) months. Mr. March then presented the Board with a letter on LCAS stationary that presents the numbers they have been able to put together on a monthly basis as far as client trips to this facility. Mr. Jackson explained the document. He stated that he chose April because of it's high client intensity and copied the numbers from reports they fill out and send to the state each month. There were fifty (50) groups sessions held in the month of April. He said the number of persons who attended those groups, the same people didn't come to the same groups for the entire month of April, so in fairness he took the months of March and May and April and condensed all of those numbers, divided them by three (3) to come up with a high average, and that's 172 persons. They went through and literally counted the number of people scheduled to attend individual counseling sessions in those three months, March, April, and May. Did the same kind of division to arrive at what a number would be for the month of April, and that's the hours; 445 hours of individual counseling for the month of April. He went on to further explain the document line by line. The average number of persons that came to their premises for individual counseling per day was 8.4 plus. How many times an employee was supposed to be on the premises was 5.59 persons per day. He further stated that there were different intensities on different days of the week, there are days of the week when the building is not in use at all. There are holidays observed, they are not on the property on weekends. There are occasionally small educational classes held on Saturday mornings. Trying to consider all hours of everyday for thirty (30) days these are the numbers that are generated, and ZBA Minutes Page 9 lie stated that it is embarrassingly close to twenty (20) but 19.8 is the total on the document. Mr. March asked more questions of Mr. Jackson concerning the amount of trips per day taken by staff and the fact not all the scheduled appointments show up. The figures stated on the document were figured on scheduled appointments. Mr. Jackson stated that their average attendance for scheduled appointments is 88 percent. Of the clients that were in service on the 25th of September, 72 percent did not have driving privileges in Colorado. Mr. March taking all these figures into consideration came to approximately between the 9 to 12 range from the basis of their historic figures on a monthly basis. Boardmember Johnson had some questions concerning the arithmetic in the document. He pointed out that there were some miscalculations on lines ten, six and five, bringing the total persons per day over twenty. Mr. Jackson and Mr. March agreed that the total was in error, they should have .6 times 5.7 persons more than is represented here. Mr. March came to a total of 22.6 persons, remarking that the numbers didn't get reduced and they were going to be slightly higher or lower. There was further discussion between Boardmember Thede and Mr. Jackson about the group. Jackson pointed out that their enterprise is for non-profit. The statute mandates a 28 week episode. There average episode for people who chose not to finish the program, or people who finish the program quickly, is about 20 weeks. They have no A.A. connection at all. Boardmember Dodder asked what the affiliation with the Hope Center is, Jackson answered that they were the Hope Center. Mr. Jackson stated as a point to neighborhood concerns that each time they move one of their offices, they meet neighborhood fear and resistance because it is thought that they are bringing dangerous, unreasonable, drunken, falling down, vomiting people into the neighborhood. He said there is a colorful picture that seems to surround alcohol treatment. He wants it to be understood that their agency does not work with anyone under the influence, in fact, they call the police, just like anyone else would call the police if there were an intoxicated person here. They work with people who are recovering from drugs and alcohol. He said they are working with people who are the citizens of Fort Collins, not transients, because they don't go into out -patient treatment. These people have families and jobs and responsibilities as we all do, and they are meeting an important community need and they are working with a large number of people who could not afford to receive these important services from a private sector. There was some discussion about parking, Jackson pointed out they have been a good business neighbor, because their daytime parking needs are very small. The intensity of their use is after 6 - 6:30 P.M. Boardmember Leiser asked Jackson, if there was any medication handled, he answered no. They are not licenced for that, there are no medical people on their staff. The term clinic does not mean it's a medical facility. He ZBA Minutes Page 10 answered that they are by definition in their licence a non -medical facility. They are licenced by the state. Boardmember Thede brought up a concern about the statement of planning objectives, She read from the statement, "the intent of this P.U.D., is to provide an instrument through which transition of residential use to commerical may be efficiently accomplished. This P.U.D., is intended to comply with the City of Fort Collins memorandum dated May 25, 1977. from Mr. Les Kaplan, Planning Director to Mr. Robert Bruntin, City Manager, concerning proposed policy guidelines for 1400 block, S. College Avenue." She wanted to know if there is a copy of that letter available, and is that letter still in effect? Joe Frank, acting Planning Director for the City of Fort Collins, said he would be answering any questions for staff. He stated that he has the memorandum available, and the purpose of it was to propose guidelines for the 400 block of College Avenue. Copies were made and given to the Board. Rick Ensdorff, talked about number three in the general notes as a traffic engineer would define it as opposed to what they have heard from a lawyer-s point of view. He stated that in the traffic engineering profession, a trip is used to give them a quantitative measure to be able to identify the impact of a site and he feels we all will agree that the impact from a car is both into the site and from the site; the impact on the street system. From a traffic engineer's view point, average would be average week day trips, that's how they do all traffic studies, not weekends. They would look at that and say there is twenty (20) vehicle trips. That would mean that there is ten (10) actual trips, one there and one leaving. He said that they are consistant in how they do all development projects. He stated that he did not write this, but if it was put in there to identify a traffic concern, the traffic engineer now, himself, looking at this would interpret it that way. The other issue he will bring up is that at conceptual review, they were given two pieces of information regarding the operation. He wanted to comment that they found two inconsistencies (one has been pointed out), the other one is that the statement had been made that the office does not operate on Saturdays or Sundays, yet they are using 30 days in the month to generate their figures. He has gone through and done an anaylsis that shows that if they use no Sundays, the total, trips would be approximately 24. If they use no Saturdays and Sundays, he came up with about 26. He then commented about the item regarding the listing of the total number of people that use the facility each day. He said their high day is Wednesday, which they show 48 trips coming and 48 trips leaving. Using an average for the week day trips, again from how a traffic engineer would look at it, they find that there is 34 trips a day, using all five week day trips. He also stated that regarding the document in question, it was stated in the document, that attendance was usually at about 88 percent, factoring that 34 times 88 percent, gives them a little under 30 trips per day. On both of those analysis, it is their opinion that they did not meet the note on the site plan of less than 20 trips a day. ZBA Minutes Page 11 Mr. March asked Ensdorff, what the traffic engineer's definition of the word "to" is? He defined it as the trips that are using the site, he said maybe the word was used out of context, he would look at it as the impact from the vehichle trips. Mr. March wanted to look at the word in context, "to the property", asking again what the word to means. Ensdorff's reply is that he would interpret that note, which means both to the facility and away from the facility, he further stated that obviously the cars going to the facility aren't going to just stop and stay there, they are going to leave, they will have impact also. Mr. March asked is it not quite possible that the Council also recognized the fact that a car going to the property would be coming from the property? Ensdorff stated that he can't say that, he is saying he is looking at it from a traffic engineer's standpoint. City Attorney, Steve Roy stated at this point that he thought they needed to clarify the ground rules with regards to the Board's procedures at these types of hearings. He pointed out that generally they don't proceed by examination and cross-examination of witnesses, nor does he think it's necessary. He stated that he thought they need to give some perspective to their deliberations and at least initially to the procedure. He further stated that if Mr. March has further comments or input or evidence that the Board wants to receive, he thinks it's up to the Chairman to decide whether to proceed through examination and cross-examination of witnesses or to allow Mr. March on behalf of the applicant to make a statement and rebuttal once they've received statement from staff. At one point he would like to offer some imput with the issues that are framed by this appeal in relation to the code provisions, as to what is the Board's proper function, at this kind of a review hearing. Mr. March said he had no problem with this, he just wanted to get on the record obviously, but if they don't want him asking any questions, he will be happy not to. Boardmember Leiser pointed out that if he had any statments he wanted to present, that would be fine, but in the same frame of mind, this discourse probably wasn't proper at this particular time. Mr. March asked that she make a ruling that he not ask any questions, and he will be happy not to. Boardmember Leiser than stated that she so rules. Steve Roy pointed out to Mr. March, that all of this is being tape recorded, and that was our form of record. Boardmember Leiser asked the legal staff if they wanted to present their thoughts at this time. Mr. Roy stated that the code provides that in this kind of a hearing, that they do review any requirement, decision, or determination of an administrative official whose intrusted or charge with the responsibility of interpreting these conditions, he stated that he felt that once they receive the input that they will have to take a vote, and rather than voting on what trip means, what average means, what the various other individual terms mean, he said he thinks they should vote on whether to uphold the determination of staff or whether to reverse them. They are not ZBA Minutes Page 12 charged with the responsibility (in his opinion) of interpreting per say the conditions. Staff needs to clarify it's determinations, as he understands them, and Mr. March will tell you if he disagrees. There is a determination first of all, that these conditions pertaining to permitted use, and vehicular trips, can be applied in advance of a use. Their first determination is that a use can be prohibited by the application in advance of these restrictions. He commented that those kinds of restrictions, can be permissible. Whether these restrictions as presently worded are those kinds of conditions, they need to look at. The second determination is should this use be prohibited because it cannot meet the conditions, either because it is not the kind of permitted use in the one paragraph, or because the trips will exceed the requirement that appear in the condition on the P.U.D., if there are other determinations that have been made, he thinks that they need to establish those of record. After the imput, he suggested that they limit the imput to that consideration. Such as; are these conditions which can be applied in advance? and Can they meet the conditons, if so? He suggested that they frame their vote on the issue to either uphold or reverse staffs determination. Boardmember Thede requested that they get a copy of the second sheet that the traffic engineer had from which he sited information concerning the number of trips. Boardmember Johnson asked Steve Roy for a definition of the word clinic, Peter Barnes answered that there is no definition of the word clinic in the Zoning Code. Boardmember Johnson asked petitioner why they are moving? Jackson's answer was that they have out grown the building they are in now, and because of the cost of leasing, it is financially expedient for them to buy and the building they are in is not for sale. C.J. Strite, owner of properties starting at 1419 S. College, four houses running south of that, and west of the alley property also, he stated that he has a substantial financial risk at stake, and was concerned with the parking that they have available to the proposed new use of the property. He pointed out that the information that Art March and his client researched with respect to the averages of traffic generated by the anticipated use, is somewhat misleading. He further pointed out that originally the zoning that he recalls, in 1977, the key points at that time was frequency on an average basis, rather than multiplied use at a given time. He feels there will be days where there is an intensified use, just with the employees much less the traffic from the clients. He also mentioned that the traffic engineer's evaluation of the average car vehicle use, considerably exceeds what the P.U.D., as approved, allowed. Steve Roy asked that a copy of the properties owned by Mr. Strite be kept for the record. Joe Van Sant, 119 W. Lake and also part owner of 133 W. Lake, stated that his property is directly behind the house in question, and probably the ZBA Minutes Page 13 person that is most influenced by what happens on this house. He also pointed out that he has been living there a long time and and knows the whole story about the block, and would be willing to answer any questions about it. He then pointed out that there has been some misleading statements that have come up today. He said there are only six (6) parking spaces on this house they are discussing, they could remove the garage and they might get one (1) more. On the night they said they had their meeting, he stated, there weren't 12 cars parked, there were 16 cars parked there, and they weren't conveniently parked, they were packed in and some of them were hanging in the alley. He then went on to say that when this place has a meeting and there are cars parked behind the insurance office, the normal pattern in the past has been to overflow onto either his driveway, his lawn, or down the alley on C.J.'s property. He's noticed that since this has all come up, the parking lot at their existing location is full every night that they have their meetings, and they have somewhere to overflow, a side street, Buckeye, which dead ends into the back of their existing office. One point that he wanted to mention, was that the people that don't bring their own cars, and are dropped off by somebody, those people that drop them off, generate twice as many trips as if they had brought their own cars. Van Sant pointed out that the whole back half of the block is residential at this point in time. There are kids who play in the alley, especially in the evenings and on weekends, when some of the meetings are going to be. Boardmember Dodder asked Mr. Barnes how many parking spaces are there on the combined plot plan. Mr. Barnes answered that it's supposed to be fourteen (14). Boardmember Johnson asked Mr. Van Sant how many times the parking has spilled over into his driveway? He answered that in the past, the Harris House, was reletively low intense usage of that piece of property, but at certain points in time they would have meetings that would generate a lot of cars, and its common just to have people pull into his drive or on his lawn. Zoning Administrator, Peter Barnes wanted to clarify on the parking, that there are fourteen (14) with the garage removed. There are eleven (11) with the garage remaining. Doug Konkel, a property owner on this block, stated that he was there on behalf of himself, his partner, and Mr. Ken Medearis, who is also a property owner. He felt there was a point that was being overlooked, that he felt is very important, in 1978, there was a plan, he thinks the City Council had commissioned the Planning Staff at that time, to work up a plan, for this particular block because of the peculiar problems associated with this block. The goals and the issues that were addressed related to trying to maintain the architectural integrity of this block, it had at one time been primarily limited to residential use, there was an acknowledgement he felt on behalf of the planning staff, that in the future, that there was going to be a conversion of use to more of a commercial type of use, and there was an acknowledgement over the fact that ZBA Minutes Page 14 the architectural structures, the traffic patterns, and other matters in this neighborhood, would require some kind of advanced planning and limitation on that potential commercial growth. He himself has gone through with respect to his office building, what they consider to be a fairly long involved and reletively complex process to optain permission to put the property that they own at 1405 S. College to it's existing use. Parking was a definite problem he was required to buy a parking lot because otherwise he would not have gotten approval. He feels the staff can consider the general plan for this neighborhood that was adopted, and that plan says that they're going to try to maintain as they convert from residential to commercial uses, they're going to try to get low intensity professional types of usages, that will maintain the architectural integrity and not adversely affect the neighborhood and not cause traffic congestions or other sorts of problems. He further explained the problems of the flow of traffic, and his concerns about safety. He feels the Larimer County Alcohol Services is a good group, with a good program, and he doesn't feel the issue here, was that this wasn't the kind of organization that they didn't want to have in their neighborhood. He's concerned about their goal to grow, and expand. Boardmember Dodder asked what type of commercial use he would see fitting in there? He answered the question, by stating that just about any use can go into that block, but that each particular operation should be looked at and approved on a case by case basis. Mr. March spoke and said that he wanted to stress again that they are not being asked to rule on whether this P.U.D., should or should not be adopted. What they are being asked to rule on is to interpret and determine whether this use is within the allowed uses, but he suggests again that it is highly improper for this Board or staff or anyone else to say that they are going to broaden what the exclusions or what the prohibited uses are. He feels clearly the use is permitted, despite the objections of some neighbors. He also wanted to point out again, that this P.U.D., is more restrictive than the others that are in the block. Lastly, on the parking, which he said there is no parking requirement, per say, on this P.U.D., what they do have instead is a trip statement. He wanted to point out regarding the figures that Mr. Ensdorff had on the monthly average, that only 28 percent of their clientele have driver's licences, and that figure needs to be put in, as well as the 88 percent figure of people who keep their appointments, not 100 percent. By his arithmetic if he uses a straight 28 percent and 88 percent and use 40, he comes up with 9.8 people per day, so he feels it is easily possible for them to control the thing, so that it meets the conditions of the P.U.D. Boardmember Leiser made a final comment by telling the Board, to maybe reread for their own judgement, the determination made by the Community Development Department staff, that the proposed use of the property at 1415 S. College by the Larimer County Alcohol Services does not comply with the conditions set forth in the 1415-1417 S. College P.U.D., that is the question, and that they may want to consider that before making any determination of motion. 0 ZBA Minutes Page 15 Boardmember Thede made a motion to agree with the determination made by the Community Development Department staff, that the proposed use of the property at 1415 S. College, by the Larimer County Alcohol Services, does not comply with the conditions set forth in the 1415-1417 S. College P.U.D. Boardmember Johnson seconded the motion. Yeas: Johnson, Leiser, Thede, and Dodder. Nays: None. Appeal No. 1682. Section 118-43(B), 118-43(C) by Tony Stoddard, 613 Maple - Approved with conditions. "---The variance would reduce the required lot area from 6000 square feet to 5450 square feet, and the lot width from 60 feet to 35 feet for a new duplex in the RM zone. ---Hardship pleaded: The lot is an existing lot, platted with only 35 feet of width, the units will be approximately 800 square feet each. ---Staff recommendation: Approval. The same variance was denied by the Board on April 14, 1983, but overturned by City Council. The variances were then approved by the Board for a different applicant on January 12, 1984." No notices were returned. No letters were received. Tony Stoddard, contractor in Fort Collins, stated that he wants to make an investment into this property to build a duplex and his purchasing is being held back with the granting of the variance for this piece of property for a duplex. There was some discussion as to the parking and the grass areas. Boardmember Dodder asked what the target date for starting was? Mr. Stoddard answered that he is going to try for a construction loan by November loth, and he added that it will be pre -sold before he attempts construction. Dodder asked if they grant a variance, how long did he think he would need it for? Stoddard's answer was that he was hoping for the end of the year, but with weather and so forth, possibily into January. Boardmember Johnson asked the petitioner, if the second unit will be on top of the first unit? Stoddard answered that was correct, it will be two stories. Boardmember Dodder made a motion for approval of Appeal number 1682 on the condition that the building be constructed according to the footprints shown on the plan. Zoning Administrator, Peter Barnes, said it will have to be changed somewhat because he won't be able to have a 10 foot setback from the alley with a 22 foot wide home. Boardmember Dodder amended his motion to read with the exception of meeting all City setback codes. Boardmember Johnson seconded the motion. Yeas: Johnson, Leiser, and Dodder. Nays: Thede. ZBA Minutes Page 16 Appeal No. 1687. Section 118-81(D)(3)(e) by Aaron Joseph for Delta Upsilon Fraternity, 200 E. Plum - Denied. "---The variance would reduce the required number of q parking spaces from 12 to 6 for a fraternity in the RH zone. ---Hardship pleaded: The petitioners removed six (6) parking spaces to accomodate a new volleyball court. This was done in an effort to upgrade the property and the neighborhood. The fraternity feels that there is enough parking on the street to accommodate their needs and that in the past, other properties in the neighborhood have used the fraternity parking. ---Staff recommendation: Denial. The hardship is self imposed. The volleyball court should be moved somewhere else on the lot and replaced with the previous parking, or new parking provided elsewhere." No notices were returned. No letters were received. Zoning Adminstrator, Peter Barnes explained that the fraternity took out the parking that used to be there, and replaced it with a volleyball court. Therefore eliminating some of the required parking that they had, and put them into more of a non -conforming status, which brought them into violation of the code. He further explained where parking was located in the area. Boardmember Johnson asked how this came to Mr. Barnes attention? Mr. Barnes answered that it was through a complaint received by someone who lives in the neighborhood, as well as a referral from the City Engineering Department, when they received a complaint that the sidewalk was moved to accomodate the volleyball court. Aaron Joseph, representing the corporation for Delta Upsilon Fraternity, pointed out that there are two issues involved with the City; 1) the sidewalk dispute, by which they have moved into the public right-of-way, which involves the department of engineering, 2) dispute with zoning, through Peter Barnes, they have violated the parking spaces by putting the volleyball pit in. As a related matter he said that they are moving the sidewalk back to it-s original position at their expense, for the length of the volleyball pit. He stated that they have had neighborhood meetings through Barbara Leiber, and the East side Core Neighborhood, and they learned that they are buying the House, there are a certain number of improvments that they have done to the exterior as well as to the interior. There present capacity is at 32 maximum, as held in their lease, right now they have 27 members living in the House. They felt that the parking that was in the street, and on the site was always ample for the fraternity. He pointed out that many times CSU students will park on their property all day long, which presents a problem for them as well as for the Jack and Jill Nursery, across the street. He said he knows there is some concern about them uping their occupancy, which they will be but it will be very minimal, from 32 to approximately 37 members. ZBA Minutes Page 17 There was some discussion about parking and another place to put the volleyball court. Also discussed were the possibilities of leasing or purchasing other parking areas from neighbors and negotiating the possibility of using the Village Shops retail space. Boardmember Dodder pointed out that there has to be on site parking provided, street parking cannot be depended upon to maintain their requirements and obviously if CSU students were using there lot, that would show that there was already a problem in existence before they took out the parking. Derik Walter, member of Delta Upsilon Fraternity, and lives at 200 E. Plum, commented that there is some problems with street parking and congestion, although they haven't noticed that in terms of their parking, any kind of problems, and as far as they know, it hasn't been a large problem for their neighbors. He went on to explain some of the improvements that they have made. He said that the street used to be very dark at night, and now the area is all lit, which he considers an improvement. There was discussion that they would have to prove in some way that they have leased or provided a parking area elsewhere. Dave Edminson, resides at 200 E. Plum, spoke and gave some background on why they put in the volleyball court in. He explained that they are a small fraternity and they don't have a great deal of money, and the alumni said they were willing to do something for them by asking if they would like a volleyball court. They saw it as an improvement to their fraternity, and a direct improvement on the neighborhood itself. He also stated that they like to think they have a good relationship with their neighbors. They are trying to work with them on this. They are looking at it from the standpoint as an improvement on the property itself and hopefully on the neighborhood. Dar Jackson, new member of the Delta Upsilon Fraternity, resides in the House, spoke and said that with the imput that he has received from the new members, the improvements that they are doing to the house, they are doing to improve their neighborhood as well. He feels that if lines were painted on the street, they could get more parking spots. Nancy Micurial, sole owner and director of Jack and Jill Nursey located directly south from the fraternity, said that Jack and Jill is in it's 20th year now, they have a 25 foot loading zone in front of their school, which is specifically for their parents to drop off their children, and pick them up. She said they have 100 students, 75 of which they service per day. She stated that she has never been contacted by the fraternity, although she is willing to work with them too. She explained that her employees present a problem also, there are eight (8) of them that go there daily. She said that she knows that her loading zone is used every Friday night by the fraternity during the time which they entertain parties at their volleyball court. She pointed out that every week she has had to call the police to have a car ticketed or removed from the loading zone, she said they always ZBA Minutes Page 18 ask if someone would please move the car before doing this. She went on to talk about the parking situation. Then she commented about the fact that the volleyball court is "supposedly" a benefit to the neighborhood, because every Sunday she has to come in and pick up the beer cans that are left on her lawn, and so does the neighbor to the east of her, does the same thing. She also stated she feels this can be a workable situation, but she has never been contacted. Dr. John Falls, represents Jack and Jill as an advisor to the school, and a past parent who had a child in the school. He spoke about the increase of traffic in the area. He said the neighborhood is becoming congested. He said it is important for everyone in the neighborhood to do what they can to enhance solving the traffic problem, rather than work against it. He is concerned about the growth of the fraternity and the number of people residing in the unit, and the parking situation that already exists. He feels that the taking out of the six (6) parking spots is counter productive to the problem of the neighborhood. He pointed out that safety to the children is important. Barbara Leibler, 817 Peterson Street, said she was there for 2 reasons. Mr. Theodorates, 726 Mathews asked her to represent him because he couldn't be here this morning, he circulated the attached petition, against approval of the variance. The second group she was representing was the Core Area Neighborhood, which she is a member of the Board of Directors. She then read the attached letter from the Core Area Neighborhood resident, Robert Zimdahl asking for denial of the variance. Harold Worth, representing the Prospect - Sheilds Neighborhood Association, spoke about the parking situation and requests denial of the appeal. Boardmember Dodder commented that he didn't think anybody on the Board has a problem with a volleyball court, it's just the placement of it. The sidewalk and the parking situation pose a problem too. He then made a motion for denial of the variance, to which Boardmember Thede added because of the self-imposed hardship, which Dodder agreed to. Boardmember Thede seconded the motion. Yeas: Johnson, Lieser, Thede and Dodder. Nays: None. Peter Barnes informed the fraternity that they have been issued a violation notice, and that with the denial of the variance, it puts the violation notice in effect. The fraternity needs to correct the problem shortly. Peter asked that they let him know what their intentions are. Appeal No. 1689. David Farr for Beta Theta Pi Fraternity, 321 S.Sherwood - Approved for rehearing "---The petitioner would like the Board to rehear Appeal No. 1671 based on new evidence. The appeal would be for a variance to reduce the lot width from 100 feet to 50 feet and the side yard setback from 7 feet to 0 feet for a fraternity in the RH zone. This is just a request for rehearing. If granted the actual variance will be reheard at a later date. ZBA Minutes Page 19 ---The new evidence would be to limit the number of occupants in the home to eight (8), and to conduct all large meetings at CSU or other facilities. Only small committee meetings consisting of 5-10 people would be held on the premises. ---Staff recommendation: Approval of the request for rehearing. If granted, the rehearing should be scheduled for the November meeting or at a special meeting." No notices were returned. There was one letter received. Zoning Administrator, Peter Barnes spoke and said that the Board's purpose was to not grant or deny a variance, but to simply determine whether or not to grant or deny a rehearing. He made one other response to the letter that was read, he said, the reasons they haven't made the parking improvements and complied with that is because until the determination as to whether or not variances are granted, the owner who they are leasing from does not want improvements made to the property, and to put the parking on the back of the lot off of the alley would require removal of a fence, and putting in gravel. He then read the working in the by-laws, regarding rehearing, to the Board. David Farr, President of Beta Theta Pi Fraternity, 321 S. Sherwood, said that the maximum people they would have as members in the fraternity would be 30. That doesn't mean that all 30 would live at the house, there would be a maximum of 8 people living in the house. The committee meetings would be 5-10 people at a time. Anything larger would be at CSU facilities. They talked to the University Cleaner's owner, who lives right next door. He said they could use his parking facilities after business hours. There are only 4 men who have cars that park in front of the house, at the time. They have had no complaints filed concerning noise, and in the future they do not plan to have any other activities that would promote any type of noise factors. Wes Robb, lives directly behind the fraternity, has been there for about 8 years, spoke and said that he has not seen parking as a big problem in the area. He pointed out that the house used to have renters with just as many cars and he doesn't see the difference now in the impact, he said that if they could come up with a limited time variance that might make everyone happy. Roy Allen, works for the City of Fort Collins, spoke and said that his involvement in this is that his son belongs to the fraternity. He said that they were in favor of their son belonging to this organization. He pointed out that the people who will be purchasing this house, will be himself, his wife, and two other families, so they will have some control as to what is going to take place. He believes that they will be able to provide total off street parking if they can proceed to purchase the property. He stated that they do want to cooperate with all agencies concerned. ZBA Minutes Page 20 Boardmember Dodder made a motion to rehear Appeal 1671 for the evidence presented. Boardmember Thede seconded the motion. Yeas: Johnson, Lieser, Thede and Dodder. Nays: None. Dave Farr asked if the meeting could be made within the 7 days of notifying the neighbors, instead of waiting a month. Boardmember Lieser stated that the Board was in agreement to have a special meeting if it was possible. Zoning Administrator Peter Barnes pointed out what dates were available. The date of Monday, October 21, 1985 at 3:00 p.m., in the Council Chambers was decided on for the Special Meeting. Appeal No. 1690. Sections 118-43(D), 118-43(F) by Jim Musslewhite, 1104 Beech St. - Partially Approved. "---The variance would reduce the required front yard setback from 15 feet to 11 feet and the required east side setback from 5 feet to 4 feet for a garage addition to a single family home in the RM zone. ---Hardship pleaded: This is the only practical location to build the addition. In order to have a wide enough garage to open the car doors, part of the garage needs to be built in the front yard. The rear portion of the garage would be used for storage and workshop. Without a side yard variance the garage wouldnot be wide enough for a car. ---Staff recommendation: Approval of the side yard variance. Denial of the front yard variance. A car would still fit in the garage if 4 feet were taken off the front." No notices were returned. No letters were received. Jim Musselwhite, 1104 Beech Street, spoke and said that he wanted to add on this garage addition and make it large enough for a work area and storage for tools. The Board was concerned about the size of the garage because it stuck out further than any other house on the block. Boardmember Dodder asked how far out from the house is it coming from the front? Musselwhite answered 16 feet. There was further discussion to determine the size garage he needed. Pete Geringher, Sherwood Street, spoke against the variance. Boardmember Johnson made a motion to grant the side yard setback to 4 feet and denial of the front yard setback, for the hardship stated. Boardmember Dodder seconded the motion. Yeas: Johnson, Lieser, Thede and Dodder. Nays: None. ZBA Minutes Page 21 Appeal No. 1692. Section 118-43(F) by Bill Paradise, 330 Park St. - "---The variance would reduce the required 15 foot setback from the north lot line to 7-1/2 feet for an addition to a single family home in the RM zone. ---Hardship pleaded: The house is located 17-1/2 feet from the lot line. The addition is intended to increase the kitchen area, so it needs to be located adjacent to the kitchen. A 2-1/2 foot wide addition is not sufficient, and anything greater will require a variance. The addition will be 19-1/2 feet from the curb, so the intent of the code is being met. ---Staff recommendation: Approval." No notices were returned. No letters were received. Zoning Administrator, Peter Barnes, pointed out that the addition will still be 19-1/2 feet from the curb, so the intent of the code is being met. Bill Paradise, contractor spoke on behalf of Mr. and Mrs. Windberger, the owners of this property, said that the Windbergers want to install a dishwasher, so they need an addition to the kitchen. Mr. Paradise explained the plans to the Board which included moving a fence down to the edge of the line. Mr. Barnes commented that before he moves the fence if the variance is granted, he will need to get an encroachment permit from the Engineering Department to allow the fence in the right-of-way. Boardmember Dodder made a motion for approval for the hardship stated. Boardmember Thede seconded the motion. Yeas: Johnson, Lieser, Thede, and Dodder. Nays: None. The Board moved on to Other Business. Peter Barnes brought up before the Board the idea that administratively he has the authority to decide the order in which these appeals will be heard. He asked with the Board's permission or input that in the future, he would like to schedule the easy appeals first, and the more controversial, .Lengthier appeals towards the end of the meeting. The Board agreed. Election of officers, which was postponed from the last meeting. Peter Barnes told the Board that Leonard Szopinski resigned from the Board last week, and that his vacancy will be filled shortly. Boardmember Thede nominated Eve Lieser as Chairman. Boardmember Johnson seconded. Yeas: Johnson, Thede, and Dodder. Nays: None. Boardmember Johnson nominated Steve Dodder as Vice -Chairman. Boardmember Thede seconded. Yeas: Johnson, Lieser, and Thede. Nays: None. ZBA Minutes Page 22 There was some discussion by the Board and Staff as to whether or not to accept Bernard Murphy's absences as excused or not. The Board made the decision not to accept Bernard Murphy's absences as excused. He had missed three meetings in a row, which were not excused absences. Boardmember Lieser seconded the motion. Yeas: Johnson, Lieser, Thede, and Dodder. Nays: None. The meeting was adjourned. Respectfully submitted, Eve Lieser, Vice -Chairman Peter Barnes, Staff Support EL/PB/dz oat w, 1785 oninL oard of :.ppaals of Fort Collins .port t:ollins, Colorado iie; 1415 Jouth C011ega nve. ionin.� Board slembers, i regret that 1 roust to out of town and therefore cannot attend the Oct loth 'Zoning board iseeting. i do not feel that the proposed use by the Larimer County nlcoholie Services is computable with or maintains the existing nei^hborhood atmosphere thst exists in the north hair of tYis block. The existing professional uses will rave personal owner interaction in this, area. The nronosed use would briny_ many transient people into the area. it 'r,ouid be nice to preserve the existing neighborhood atmosphere until a major oomme:ciel development oceures. Yours truly, i,irs inita Clark 131 ''lest Lake Street Fort Collins, Colorado I� ' 1'iOFIT C0VP9f1T10N 1 Average Number of Group Sessions 50 2 High Average Clients in Group 172 3 High Average of 1-1 Counseling Hrs 445.25 4 Days in One Month 30 5 Average Number of Groups per Day 1.66666 6 Average Clients per Group per Day 5.73333 7 Hours of 1--1 Counseling per Day 14.8416 8 Average Session Length @ 1.75 9 Average Persons for 1--1 per Day 8.48095 10 Total Clients/Day (6+9) 14.2142 11 Staff Person Days per Month 167.7 12 Average Staff persons per Day 5.59 13 Total Persons/Day (10+12) 19.8042 This should be an accurate representation of the number of persons into and out of the building per day -- Averaged over any 30 day period. It should be noted that a significant portion of the client trips would not also represent a vehicular trip. 0 71- A United Way Member Agency HOUSE of HOPE HOPE CENTER CITY OF FORT COLLINS COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION MEMORANDUM TO: City of Fort Collins Zoning Board of Appeals FROM: Planning Staff SUBJECT: Larimer County Alcohol Services DATE: October 10, 1985 Planning Staff would like to express concern relative to the interpretation of conditions, including type of business and vehicular trips, for the 1415, 1417 South College PUD. In interpreting these conditions, Staff encourages the ZBA to examine what the intent of the limitations were, that intent being the desire to limit the intensity of commercial use, given the special character of this neighborhood. Staff believes that Larimer County Alcohol Services would have difficulty fitting into a low -intensity use category. We suggest interpretation of the conditions as follows: 1. Type of Business: The type of business should be restricted to professional offices as defined by the City of Fort Collins Zoning Ordinance, excluded uses being medical, dental, real estate (office or clinic), and businesses with a high intensity of use that may be disruptive to the character of the neighborhood. "High intensity" uses for purposes of this condition are those with a large client load or a type of use that does not generate a steady, dispersed flow of clients. 2. Vehicle Trips: Vehicular trips per day to either building should not exceed twenty per day including employees (a trip being defined by ITE standards). OFFICE OF COMMUNITY 7 300 LaPorte Ave. - P.O. Box 580 - Fort Collins, Colorado 80522 - (303)221-6750 List of Owners A100g S. College Aveuuc between Fruspect and l.zRe. RE: Overall City Policy Concerning New Ucvclopment and Redevelop-ment C. Don Berry Public Service Company 10367 W. Weaver Avenue P. 0. Box 840 Littleton, Colorado 80202 Denver, Colorado 80228 Robert Ditzfield li. D. Scllclliaas First National Bank 124 N. Grant Trust Department Fort Collins, Colorado 80521 Fort Collins, Colorado 80521 Charles Bechner 1.. IL Clark 2025 N. College Avenue. 131 W. Lake Fort Collins, Colorado 80521 fort Collins, Colorado 80521 C. J. Streit R_ T. Beck 746 N. College Avenue 1675 Carr Street Fort Collins, Colorado 80521 Lakewood, Colorado 80215 C. J. Staver D_ W. Acott, Trustees 139 Harvard Street 117 W. Lake Street .Fort -Collins, Colorado 90521 Fort Collins-, Colorado 80521 Art I -Larch, Jr. E. It. VanSint City Attorney 119 W. Lake Street Untied Bank Building Fort Collins, Colorado 80521 t Fort Collins, Colorado 80521 Bob Pennock, Jr. G_ E. Fischer The Broker Realty 012 Elizabeth 3000 S. College Fort Collins, Colorado 80521 Fort Collins, Colorado e0521 ' E. J. Clarke Gladys Coostree 1405 S. College I407 S. College Fort Collins, Colorado 80521 Fort Collins, Colorado 8052I K. G. Nedearis Rolf At. Sclraenningetr 1413 S. College 943 llth Street Fort Collins, Colorado 80521 Boulder; Colorado 80302 • Matilda Rowland 1417 S. College Fort Collins, Colorado •80521 C. l `.� .. !I Y [*1 L, At-- "I 1-• C Y „7 Y C' Y C7 •O 10 Y A N M LiA C i 1... _ f.. Y . cam• w- N c u O r• (D ri CD N `_� v �• r O• •p of w i:.rt cr M •� v+y .� C O Y A o 1-. t=] R r W C' O H n O V 0 c w rtHO H G7U A A C !b W W W D n '.- 0 :S C n U W U S r.O 0 O O 0 • Y n 7 • is H 0 O H HR< 7C• `HHC .n :J V. 0 S O W 0 rt V1 tJ T 7 Y O) G O. fJ - 1+. C. �+. •- '% O P. O H O S H [n rt N - W O n M C W tz et f= a H 7 Cv CJ CJ - rt rt y .. nt W Ip p a C , G O 7 tD 0 O 0 fJ H O N O 0 O F^ 'f. O "• - '• - M - '- C I'• -S O O H n Gtf - Y _^ 7 O v� G R H (J 0 R P1 r CI A O O o O O 0 rt 7 3 A L M O o 7J •: c H H H H H H fd O A a C�0 O 1O-• 1 n i y p 1-+ O H 7 Y N H R .• o o Y f' - �G N F'• H �--� .p Y A A A Y A A O. P. Y -1+- C• o 0 o Y o o - a r- A o o W o 0 - �- n r r Y f�• Y Y to a O m - r} N .1 .r - r •; Y- r Y � r F-• A - m O ~ rt N O fD P. IcSf :3 A of A O O 0 N A N N fA y O O Ea - co` 0 N r A A A A A A N co _ co co co O A Y• - O co O O O O' O Y O w O V. O O - co - In Ln O In N 6,.,j y m J coC3 co co to m co F' LA N F' ~ co N Y In N In to f.. U Ln 1- lr O N N N ✓� N S w NO c� r CD n • 11MOWIDUN • i(0,( Y0: Robert L. Brunton, City llanaber /7 !l FROM: Les Kaplan, Planning Director ,� DATE: 25 May 1977 RE: Proposed Policy Guidelines for 1400 Block of South College Avenue Background In January, 1977, the City Council instructed the City Administration to prepare for City Council consideration an overall policy concerning redevelopment and new development for the west side of S. ColIE;re Avenue between Prospect Street and Lake Street and bordered by the railltoad tracks to the west. In general the Council felt tint such a policy was necessary due to the particular difficulties which would arise for the puBlic as well as for property owners, developers and. users of this area when fevelopment or use changes occur. This is due mainly to: 1. the single lot configuration of existing development in tee B-P, Planned Business District, which requires a minimum mf two acres for a project; 2. the .procession of existing curb cuts along: this block of South College Avenue; and, 3. the difficulty of vehicular access to the northwest corner of the Prospect Street - College Avenue iattrrsection. Hore specifically, the Council felt the need for Council directfon concerning 1) a petition before the Zoning Board of Appeals for a variance to the two acre P.U.D. requirement for 1415 and 1417 S. College Avenue and,2) the then anticipated development plans for two restaurants at the northast corner of S. College Avenue and Prospect Street. Since January, the variance petition has been withdrawn. The owner of 1417 S. College Avenue intends to open a public relations firm as a home occupation and the owner of 1435 S_ College Ave. will continue a .beauty parlor establishment as a home occupation. 1he original party inquiring about restaurant development at the corner is no longer actively interested. On February 3, 1977, the Administration met with the property or+ners of :nd parties directly involved with the area at and near this northeast inter- section. Then, on March 29, 1977, the property owners and interested parties of the larger area to discuss alternative policy approaches. Several property owners on this block nre particularly concerned about the beauty parlor use at 1415 S. Collci;t• Avenue contending that it is not in far.: a home occupation and that even if it were, the use is incompatible to sur- rounding properties and has resulted in a dangerous traffic situation on S. College Avenue clue to frequent turning movements. The attention givenl•y pr- owners to this use has been expressed in the context of larger concerns tiost the area change from residential to commerci.1 uses .in an orderly ant pro[.,-r manner. The City nuilding Tuspection Division which is respons'cble for tl:c issuance of Bone occupation p-rmits has inspected the use at 1415 S. Cntli-gr re: proposedPolicyGuidelines for 1400 Block of • College "Ave. • I �/ Avenue and ,is satisfied that the letter of the law concerning horde. occupations in the city is being met. At its March 29, 1977, work session the City Council heard a report from the Adriinistration regarding the development status of this area, including the withdrawn variance and the discontinued interest for restaurant development at the intersection. After this -report- the Council instructed the Adminisrra- tion to prepare a statement of policy guidelines relative to future developmen and redevelopment for this area. The substance of this memo intends to propos such guidelines based upon the above -mentioned meetings with property owners and staff discussions about this area. Pr000sed Policy Guidelines Close city and private cooperation is necessary in order for this area to develop in a manner which is mindful of the rights of all its property owners and attentive to the public interest. .The transition from residential uses it single family houses to commercial uses is underway. The existing B-P, Planne Business District, is the appropriate zone in that it assures city site and landscape plan review and the opportunity for public input. However, it will be necessary to vary the two acre requirement of this zone in certain cases ar with certain conditions in order to implement a general policy for this area. Character of Development While it is impractical to expect a continuation of residential uses•on this block,'attention should be given to the preservation of its structurally sound, architecturally significant older houses. In general the four houses south of lot 1417 are of a lower quality than lot 1417 and the houses north of it and, therefore, more conducive to removal and acconmodating new co rcrcial development. Three other factors contribute to the potential for new construr tion on the area north of lot 1417: 1)lots 143.9 thru 1435 are presently unde, the same ownership; 2) this is a corner location; and 3) approxicately one ac of land contiguous to the west of these lots is presently available for sale development, thereby together comprising approxinntely two acres and developa' as a P.U.D. The area including lot 141.7 and north of it generally consists of horses which should be preserved, provided that appropriate commercial uses can i•e located within them. The suitability of.such uses should be a function of vehicular traffic generation to a, large degree and of the compatibility bazwe various uses to a lesser degree. Commercial uses on these six lots should he limited to non -retail and only low trip generating uses not to ezceed twenty (20) daily trips including those of employees. Cunccuts on S. College Avenue In order to avoid serious interruptions to the flow of traffic on S. College Avenue, ingress and egress movements should occur on curbcuts that at strategically located and limited in number. The incidence of curbcuts �1q: largely on such market forces as the timini; of new development and redevcl.•pr and the willingness of proper::y owners to coordinate their planning throu:;h i to: R. L. Brunton re: Proposed icy Guidelines for 1400 Block oW. College Ave. • recognition of mutual ends. To the extent possible the city should limit f aid locate curbcuts on this block as follows: l - Maintain curbcut to lot 1413 which is an approved one lot P.U.D. Encourage sharing of this curbcut with lot 1411 either through revision to the P.U\D\ or a cross easement agreement. If a revised P.U.D., then other benefits such as shared parking are available. Shared curbcut for lots 1415 and 1417 located at the south end of lot 1417, accomplished either through P.U.D. or a cross easement agreement One curbcut for lots 1419 thru corner lot 1439, located at the north end of lot 1419 and connected with lot 1417 curbcut. S. College Avenue - Prospect Street Intersection In -order to accommodate the additional congestion at this intersection resulting in part from the addition of commercial activities on the subject _ block, at least the northwest corner should be widened to facilitate turning movements. This could be a city requirement at the time of P.U_D_'review. The alley Unless widened and improved, 'tile alley can not accommodate two way traffi The cost of improving the alley as a dedicated street is prohibitive due to the obstruction of utility poles and existin.- buildings. Presently the alley serves minimally to provide access to several of the lots_ The importanc:: of a second point of ingress and egress will increase with additional commercial uses on this block. The city's official policy concerning the improvement of Mason Street does not call for Mason Street to he improved in this vicinity. Many of the property owners have complained that the alley presently functior more as an intrusive "dragstrip" than as a benefit. nonetheless, once additi commercial development occurs, the alley has the potential to serve as an imi tans roadway, in that it will 1) help alleviate additional traffic on S. Coll Avenue, 2) help reduce the number of turning movements off of and onto S. College Avenue, and 3) serve to interconnect the commercial uses in the subj area. One method of improving the alley would be reroute it along the north property line of "C" (see attached map) and north to Lake Street along the west property line'of "A". This would involve closing the existing alley fri "B" north to Lake Street. Such an improvement would be best accomplisher :,t the time of F.U.D. consideration for A, B, and C_ According to the City Traffic Engineer the alley should be maintained a not interrupted. Ingress and egress turning movements from and onto Prospec Street are difficult because of the configuration of curbcuts for Fox Shoppi Center .a cross the street. Tile City Administration should meet with tip^ owu1n of the Shopping Center to discuss ways of consolidating these curbcuts and therefore, providing opportunity for greater utilization of the .alley. I tare 4 - 25 flay 19// to: It. L. Bru on '�al re: Proposed *icy Guidelines for • 1400 Block of S. College Ave. Variances City response to requests to vary the two acre lot requirement in the P.U.D. ordinance should be based upon the above -stated policy -guidelines. I have not discussed the content of these proposed policy guidelines with the property owners and suggest that copies of this memo be mailed to the attached list of individuals in time for their review prior to any City Council consideration of these proposed guidelines_ LY./ j a attachment i (2N Core Area Neighborhood p.o. box 1282, fort collins, colorado 80522 484-2673 October 7, 1985 Dear Zoning Board of Appeals, Parking is a concern to the Core Area Neighborhood Association, an organization of residents dedicated to preserving the quality of life in the older residential neighborhood. As you may be aware, the residential area surrounding CSU has tremendous parking problems. This is due to the CSU students' daytime parking habits and to the density of the residential and business development. Residents find they cannot park in front of their own homes, nor can their servicemen or guests. This is a complex problem which we are addressing in other ways also, but a part of the solution lies in your hands. You can refuse to grant any variances to reduce the off-street parking requirements in this heavily impacted area. If every building has its full requirement of off-street spaces, then the on -street parking problem will be lessened somewhat. Delta Upsilon Fraternity is asking you for a variance to allow them to have fewer than the required number of off-street parking spaces. We urge you to deny this request. And we urge you to deny anybody's future request for a variance to the off-street parking requirements within one-half mile of the borders of the CSU campus. Thank you for your concern in this matter. Sincerely, v Prasident, CAN Board of Directors -7 To. Zoning Hoard of Appeals From: Neighborhood Residents Re: Delta Upsilon Fraternity request for reduced off-street parking We, the neighbors of Delta Upsilon Fraternity, request that you deny a variance to reduce off-street parking requirements for this group and for any other landowner within one-half mile of the borders of the CSU campus. We believe that adequate off-street parking for each heavy use building will help control the on -street parking problem, which is already quite severe in our neighborhood. name address date i 4.� J 6. 7. 9. i��L« �� �� %11 10 1 1. \ /ILI, CARLYLE V. TIPPETTS. Agent ,Cl Auto -Life -Health -Home and Business 322 South Sherwood - P. 0. Box 123 Fort Collins, Colorado 80521 Phone: Off. (303) 493-1888 October q,19°5 rear'rariance Board ':'embers; "ince I will be unavailable for the meeting on Oct. 1O,1Q?[, I submit the following letter and enclosed nhotos for vour consi<i- erntion. Reg: "he nronosal to review nneal ;"167, a )ronerty located at ?21 South Sherwood 'his nronosal was made to the ?rariance Board in Sent.,1985, and I ecause of notential problems due to growth factors on such a small lot, the nronosal was turned down. "v primary objection is narking in the area- not only at the nronosed nronerty, but expanding to surrounding properties as well. 'his area was formerly a residential, single family neighborhood, but with the increase of rentals and businesses, on -street parking is becoming more of a problem. I have a small business directly across Sherwood from the above location,and I have provided ample off-street narking for myself, my staff, and my clients. I earlier submitted a nhoto taken the morning of the board meeting which showed maximum parking in use in the neighborhood, and particularly at 121 South Sherwood. The nroponants of Appeal ,=1671 sav they* have new evidence - I also submit new evidence -that they are deliberately defying the narking ordinances which already exist. sub -nit additional -photos taken Oct 5,1995 showing not 2, but now three (�) cars crammed into the single (1) off-street parking space. If the narking situation can be solved by additional nroperty accuisition or limited time on -street parking, I-)ersonally have no objection to the other nronosed uses of the property; but, with the obviously deliberate disregard for existing ordinances, I really doubt that this attitude will change if the proposed variance is granted, and the already strained narking problem will become unbearable. Based on the forner denial, and the fact that the petitioners have obviously made no attemnt to comply with already existiorr ordinances, I recuest that you turn down this petition to rehear Appeal ?1671. Sincerely,