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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/12/1995ZONING BOARD OF APPEALS Regular Meeting October 12, 1995 - 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, October 12, 1995 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Elliott, Breth, Gustafson, Lieser, Shannon. Members absent: Huddleson, Cuthbertson. 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 September meeting were approved. Appeal 2145 1524 West Oak Street by David Neff and Claire Carren owners approved. Section 29-119(5). ----- The variance would reduce the required side yard setback from the west lot line from 5 feet to 1 foot 4 inches in order to allow a one-story addition to be constructed on the front of the house. The addition would extend 9 feet on the front, and add 162 square feet of floor area to the living room. ----- Petitioner's statement of hardship: The original west wall of the home was constructed only 1'4" from the lot line. Structurally and architecturally, the best way to add on is along the existing wall. The lot is an older lot in the old part of town. The home is located towards the rear of the lot, and the house on the adjacent lot is towards the front. Therefore, the addition will not be near any other existing structure. ----- Staff comments: None 0 Zoning Board of Appeals October 12, 1995 Page 2 Zoning Administrator Peter Barnes said this house was located across from City Park in the older part of town. He said the original house was built with only 400 square feet and in 1982 a variance was granted for an addition to the back of the house. He added the house sets near the rear of the lot and is somewhat unusual. David Neff, owner appeared before the Board. He said he wanted to add on to the house and put in a bay window to match the other one on the other side of the house. He added the structure needs repair. Rob Skaflen, 1528 West Oak Street appeared before the Board in opposition of this appeal. He said he opposed this appeal because the Neffs operate a business out of their home and he didn't want them to expand their home to expand their business. He said he has had kayaks dragged through his yard, people drop off video tapes at his house and people knock on his door looking for the business. He added there was a sign in the front yard with the hours the business was open and flood lights around the house. He said the garage is full of kayaks and equipment for the business. He added he would have no problem with this appeal if Poudre River Kayak would move into a commercial location and out of the house at 1524 W Oak. Mr. Skaflen said he called the Zoning Office to inquire if the Neffs had a home occupation license. He was informed they did not. Peter Barnes said the Neffs did have a home occupation license dated 1987 and since then the ordinance had changed to be renewed every two years. Barnes said he was not aware of storage in the garage for business use, that is against home occupation ordinance, but would investigate the situation. ( The Zoning Office cited Mr. Neff before the meeting for violating the home occupation ordinance because retail sales were being conducted from the premises.) Board member Gustafson asked if the issue if illegal home occupation activity had anything to do with the hardship and the specific variance request, or were they two different issues. City Attorney Paul Eckman said these were two separate issues and the Board should look at the letter of the law and just the appeal for hardship. Board member Gustafson said he saw this as two issues. The house is on a narrow lot and the existing house was built at a 1'4" setback. Board member Leiser agreed. 0 0 t Zoning Board of Appeals October 12, 1995 Page 3 Board member Gustafson moved to approve Appeal 2145 for the hardship stated. Board member Shannon seconded the motion. Yeas: Elliott, Breth, Gustafson, Lieser, Shannon. The motion passed. The meeting was adjourned. Martin Breth, Board Chairman Peter Barnes, Zoning Admin.