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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 11/09/1995ZONING BOARD OF APPEALS November 9, 1995 Regular Meeting - 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, November 9, 1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Cuthbertson, Elliott, Breth, Shannon, Lieser. Members absent: Huddleson, Gustafson. The meeting was called to order by Chairman Breth. Council Liaison Staff Liaison: Staff Support Present: Ann Azari Peter Barnes Peter Barnes Ann Chantler Paul Eckman The minutes from the October meeting were approved. Appeal 2147, 2718 Bluegrass Drive by Mark Simmons owner. approved. Section 29- 133(5). ----- The variance would reduce the required side yard setback along the east lot line from 5 feet to 4.7 feet in order to allow a 20 ft. X 35 ft. garage addition to the rear of the existing garage. The east wall of the addition will line up with the existing east wall of the garage, which is already at a 4.7 ft. setback. ----- Petitioner's statement of hardship: The existing home was constructed at a 4.7 ft. setback. The garage addition will be such that cars will enter in the front and can be driven all the way to the rear. Putting a jog in the wall in order to comply with the code would be an impediment. It would also make more sense visually, to line up the wall. ----- Staff comments: None Zoning Board of Appeals November 9, 1995 Page 2 Zoning Administrator, Peter Barnes, stated that this house was located in a newer subdvision, and that while this type of variance request is common in the older part of town, it is uncommon in newer subdivisions. Mark Simmons, owner, appeared before the Board. He said he wanted to build the garage so it will match the existing wall and doesn't want to have to jog to get into the garage. No one was present in opposition of in favor of this appeal. Board member Elliot asked if the original house was built with a setback variance. Barnes said no. Board member Cuthbertson asked if the hardship could be the existing condition. Barnes said the Board needed to examine narrowness, shallow or exceptional situations, and needed to determine if the existing condition is an "exceptional situation". Board member Shannon moved to approve Appeal 2147 for the exceptional situation created by the location of the placement of the original house. Board member Lieser seconded the motion. Yeas: Cuthbertson, Elliott, Breth, Shannon, Lieser. Nays: None. The motion passed. Appeal 2148, 5407 Hilldale Court by Jim and Judy Nelson owner and contractor, approved. Section 29-148 and 29-133(5). ----- The variance requested would reduce the required side yard setback from the south lot line from 5 ft. to 3 ft. for a new single family home. (The home has recently been constructed, and was inadvertently laid out in the wrong place on the lot.) ----- Petitioner's statement of hardship: The home is already constructed, and due to an error in laying out the house on the lot, a portion of the side of the home encroaches into the required 5 ft. Setback. The error was an honest mistake, and not a willful act. • Zoning Board of Appeals November 9, 1995 Page 3 ----- Staff comments: The home also encroaches into a utility easement. However, a portion of the easement was vacated by the Planning and Zoning Board to accommodate the home. The setback was discovered as a result of the survey that is required by the title company prior to closing. One letter was received in favor of this appeal. Zoning Administrator, Peter Barnes, stated a portion of the 20' easement was vacated by the Planning and Zoning Board. A 10 ft. easement on the side lot line of the neighbors remains, -meaning that the neighbor could never add on to that side of their home because of the utility easement. Therefore, the two homes would always be 13' apart. Jim Nelson, owner and contractor, appeared before the Board. He said it was the 1st house in that area, that he built, he must have picked up the wrong arc line in the street and measured wrong. He admitted is was a mistake but not intentional. Board member Shannon asked Mr. Nelson if there would be future problems with the utilities under the house. Mr. Nelson replied he has put money is escrow in case there were any problems with Fort Collins/Loveland water district. He said he has contacted each utility department regarding this issue. No one was present in favor or in opposition of this appeal. Board member Shannon moved to approve Appeal 2147 for the exceptional location of the house. Board member Lieser seconded the motion. Yeas: Cuthbertson, Elliott, Breth, Shannon, Lieser. Nays: None. The motion passed. Appeal 2149, 1015 South Shields Street. by Glen Werth owner, approved with condition. Section 29-303, 29-493(1), 29-493(2). The variance would reduce the required side yard setback along the south lot line (which is also a zoning district line) from 20 ft to 1ft. 8 inches, reduce the required 5 ft. parking lot landscape strip along the north lot line to zero feet, reduce the required 15 ft. wide landscape strip along Shields Street to Zoning Board of Appeals November 9 ,1995 Page 4 an average of 4 feet, and eliminate the requirement to install a 6 ft. high wood fence along the south lot line. The variances are necessary in order to allow the existing auto repair building to be demolished and a new auto repair/food mart building to be constructed. (The canopy would remain.) ----- Petitioner's statement of hardship: This property is in the BL district, which requires a 20 ft. setback from a zoning district line. The adjacent lot line to the south is zoned RH, so the south lot line is the zoning district line. Moving the building over 20 feet would eliminate parking, and create numerous access problems for this property and the property to the north. The applicant is proposing to install as much landscaping as possible, but is limited due to curb cuts and problems with servicing the adjacent building. If the fence is installed, then motorists would see nothing but a fence extending to Shields. Eliminating the fence wold allow the landscaping to be viewed. Because of the high number of pedestrians and bicyclists that use the walk and bike lane in front of this location, the fence would present a safety hazard. ----- Staff comments: The Board has granted a variance to eliminate the fence on a few occasions when its elimination is agreed to by the adjacent property owner, and then with a condition that if the property redevelops the variance would need to be reconsidered. The portions of this appeal that deal with the building setback and the north landscaping are somewhat unique in that part of the hardship deals with the impact that strict compliance would have on the adjacent property. In other words, part of the hardship is that if the variance was not granted, then the adjacent property owner would suffer. Eight letters were received in support of this appeal. Zoning Administrator, Peter Barnes, said this involved the Texaco Station and Campus West shops. He said the pumps for the gas station will remain, the bays will be located in the back and a food mart will be in the front. Barnes said the property to the south is owned by John 23rd University Center and is undeveloped. A median was installed in the center of Shields Street when Shields Street was recently improved and now delivery trunks cannot cross over Shields Street to make deliveries. Barnes explained in detail each variance requested and showed the Board a proposed landscape plan. Additional pictures were submitted by the applicant showing the difficulties of deliveries to the Campus West shops. Barnes commended the neighbors for working together to make this situation work for all involved. Zoning Board of Appeals November 9, 1995 Page 5 One variance was to eliminate the 6' fence. Barnes explained in this zone, the intent of the fence is to screen headlights from an adjacent residential use. He added if the Board granted this variance they may want to consider adding a condition that the fence variance must be reviewed at the time the lot to the south develops or at such time the adjacent property owner requests that the fence be installed. Board member Elliott asked if a utility easement was recorded in the front of the building. Barnes said no dedicated public access easements and no private easements are recorded that the applicant is aware of. Paul Eckman, City Attorney, said the Board can impose conditions that the accesses across this particular property continue to be allowed. Board member Leiser asked if there were any prior agreements with the merchants before Shields Street improvements were made. Barnes said the applicant would address that issue. Glen Werth, applicant, appeared before the Board. He said he has spent time with the neighboring merchants organizing this appeal and they have a good working relationship. He said the engineering department did not discuss the improvements to Shields Street with them before the work was done and the median installed. He added the hedge that is presently there is an eye sore and they would like to remove it, but they don't want to put up a 6' fence, they would like to see the space open so the landscaping could be seen. He stated the deliveries of fuel is done very early in the morning because the tankers have to go down the wrong side of the street to access the gas station pumps. He said they will continue to work with the merchants and allow access to delivery trucks and add a striped loading zone area. He said from a safety point, adding the medium has added a hardship to his property. Werth said he has worked closely with Father Bob of John the 23rd to make the corner look as nice as possible. Father Bob of John the 23rd appeared before the Board in favor of this appeal. He said the church had recently come into possession of the corner lot and the church has no plans to develop that, the church will keep it as a park area/greenbelt. He said it is important to keep that area clear so the church is visible from the street and to CSU. He added he would support not installing the fence. He said it is important that the spirit of the neighborhood continue and they all work together. No one was present in opposition of this appeal. Zoning Board of Appeals November 9, 1995 Page 6 Board chairman Beth asked if it was possible to do a 0' lot line in this zone. Barnes said it was. Board member Shannon said she was impressed with the people involved, the face lift to the area and the spirit of the neighbors handling the unloading of supplies and the fine way they all interacted. Attorney Paul Eckman reviewed the conditions the Board could impose on this appeal. Werth said his company has been there 11 years and the last thing he would want to do is cut off his neighbors. He suggested the conditions would be "friendly" and no attorneys involved (or needed). He asked that all the parties be protected. Barnes suggested that if the variance was granted the intent of the condition would be to grant the landscape and if Werth denies access to the neighbors in the future, then the landscaping variance would be void, and landscaping would have to be installed. Eckman suggested adding "unreasonable denial of access". Board member Lieser moved to approve Appeal 2149 as follows: 1) the side yard setback from 20' to 1'8", 2) the 5' parking landscape from 5' to 0' 3) eliminate the fence but landscape the south side as per a plan approved by City Staff. 4) condition that the fence variance terminate if the lot to the south develops or if the owner requests that the fence be installed, 5) move the purple ash (landscaped island) to a better location that is approved by staff, 6) end the landscape variance if the applicant denies acces across his lot to the adjacent lot. Board member Lieser stated the hardship was due to the fact the median was built on Shields it denied some access to delivery trucks and other hardships stated by the petitioner. Board member Shannon seconded the motion. Yeas: Cuthbertson, Elliott, Breth, Shannon, Lieser. Nays: None. The motion passed. Board member Cuthbertson was excused from the meeting. n Zoning Board of Appeals November 9, 1995 Page 7 Appeal 2150. 700 Colorado Street by Mike Jones owner, approved. Section 29-167(3). The variance would reduce the required front yard setback along Colorado Street from 15 ft. to 12 ft. in order to allow an addition to the south side of the home. The addition would replace the existing covered porch, and it would line up with the existing front wall of the house. Petitioner's statement of hardship: The home is small and the lot is also quite small. The setback already is nonconforming and the addition will just line up with the existing wall. The lot is constrained because of its small size and there is limited room to make improvements. Staff comments: None Zoning Administrator, Peter Barnes, stated this home is located in the older part of town on the corner of Laurel and Colorado Street. He said the owner wishes to demolish the porch and enclose that area for living space. Barnes added the normal right-of-way width for a street is 60' and on Laurel and Colorado narrows from 50' to 40' and it is only 30' in the center of the street. Mike Jones, owner, appeared before the Board. He said he has lived in his home 22 years, likes the neighborhood and would like to make some improvements. He said he would like to tear down the porch and add on to match the style of the present house. He said the house was originally built in 1903 and the hardship was the site restrictions and that Colorado Street was only two blocks long. He added he did an informal survey of the neighborhood and of 30 houses he surveyed, approximately 10 were near or less than what he was requesting. No one was present in favor or in opposition of this appeal. Board member Shannon said this was a typical case of being in the older part of town and moved to approve Appeal 2150 for the hardship stated. Board member Elliott seconded the motion. Yeas: Elliott, Breth, Shannon, Lieser. Nays: None. The motion passed. Appeal 2151, 1524 West Oak Street by Claire Carren owner, approved with condition Section 29-459(1), 29-459(6), 29-459(8). The variance would: allow a portion of a home occupation (Poudre River Kayaks) to be conducted in the detached garage instead of within the dwelling, allow exterior storage of a kayak trailer, (within the fenced backyard instead of within a building), and would allow a long one -car wide driveway to be considered an acceptable parking area for two cars, instead of having a two -car wide driveway meet the requirement to provide two off-street parking spaces. Petitioner's statement of hardship: See Petitioner's letter ----- Staff comments: Most of the driveways in this neighborhood are long, one -car wide driveways. Zoning Administrator, Peter Barnes, reminded the Board this house was on the Board's agenda last month. In the past month, the neighbors have worked out an agreement. Barnes reviewed the Home Occupation Code. Barnes added that Poudre River Kayaks holds classes in the detached garage as well as stores a trailer outside, which is not allowed in the home occupation code. David Neff, husband of Claire Carren, owner, appeared before the Board. He said he was representing his wife, she was hearing impaired. He said kayaking originally started out as a hobby and has turned into a business. He said the reason they are before the Board is to try to get into compliance with the City rules. He said the equipment they have is 95% their own personal things. He said the trailer in the back is used for personal things, but they do haul kayaks to CSU for classes, usually during the months from mid -May to mid -August. He added they do not wish to expand this business, he works full-time at CSU and kayaking is his wifes hobby. No one was present in favor or in opposition of this appeal. Board member Elliott asked if under the home occupation code, would all equipment have to be inside the garage. She was questioning the hardship of this case, why can't the trailer be parked in the garage? Barnes said the intent of the home occupation code is that all equipment has to be inside a building, "hidden from view". Mr. Neff said the kayaks are large and they own 10-12 of them. He said they store some of them in the garage but they are rather heavy and hard to stack in the garage. He said the trailer that they use to haul the kayaks does not have a sign on it and people wouldn't know it is used for business. Zoning Board of Appeals November 9, 1995 Page 9 Board member Shannon moved to approve Appeal 2151 for the hardship stated with the condition that the trailer be maintained behind the fence. Board member Lieser seconded the motion. Yeas: Breth, Shannon, Lieser. Nays: Elliott. The motion passed. Appeal 2152. 316 East Locust Street by Cameron Fraser owner, aporoved. Section 29- 167(5). ----- The variance would reduce the required side yard setback along the east lot line from 5 ft. To 3.5 ft in order to allow an addition to the rear of the garage, with a second story addition above. The addition would line up with the existing east wall of the garage, which is already at a 3.5 ft setback. ----- Petitioner's statement of hardship: Narrowness of the lot (50') and attached garage already exist at east side where both second story addition and extension are to occur. Additions would be in character with other properties in the neighborhood which have less than 5 ft. side setbacks (neighbor to east has less than 5 ft. side setback). Existing garage is at 3.5 ft side setback. Existing garage was constructed with house in 1935. ----- Staff comments: None Cameron Fraser, owner, submitted an amendment to his appeal changing the rear width of the portion of the garage from 11'8" to 12' 10". Zoning Administrator, Peter Barnes said that change would not require notification of the neighbors since it doesn't affect the setback being requested. Fraser said the garage is narrow and when he puts the car in, he can't fully open the car doors because the garage is so narrow. He said to fully pull the car in, he has a block of wood he pulls his car up to, then puts his car in neutral and lets the car roll forward until it hits the end of the garage so he can then close the garage door. He said along with adding on to the garage he would like to add a second story for an additional bedroom above the garage. He said the addition will be in character of the house and the neighborhood. No one was present in favor or in opposition of this appeal. Zoning Board of Appeals November 9, 1995 Page 10 Board member Lieser said the narrowness of the lot was a hardship and moved to approve Appeal 2152 for the hardship stated. Board member Shannon seconded the motion. Yeas: Elliott, Breth, Shannon, Lieser. Nays: None. The motion passed. Appeal 2153, 323 Park Street by Jack Smith and Karen Cagle owners approved Section 29-167(5). ----- The variance would reduce the required side yard setback along the north lot line from 5 ft. to 2 ft. in order to allow a portion of the rear of the house to be demolished and a new two-story additon constructed in its place. ----- Petitioner's statement of hardship: The lot is in the older part of town, and is narrow - only 50 feet. The existing home is already only 2 ft. from the property line. The rear portion of the home is deteriorating and needs to be rebuilt. ----- Staff comments: None Zoning Administrator, Peter Barnes said the site plan had been amended and the variance would request the new addition replace the current one with the setback being 4' on the side instead of 2 ft. Jim Smith and Karen Cagle appeared before the Board. They said with the addition, they would extend the roof line as is and continue it over the addition to the back. No one was present in favor or in oppostion of this appeal. Board member Shannon said the lot was narrow and small and would support this appeal. Board chairman Breth agreed. Board member Lieser moved to approve Appeal 2153 for the hardship stated. Board member Elliott seconded the motion. Yeas: Elliott, Breth, Shannon, Lieser. Nays: None.The motion passed. Zoning Board of Appeals November 9, 1995 Page 11 Other Business: Barnes introduced the new member, Michael Feiner. Mike will complete Jim Cuthbertson's term, and will begin his duties in December. Barnes asked Board members to fill out the Diversity Forms. The meeting was adjourned. Marty Breth, Chairman Peter Barnes, Zoning Admin