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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 09/08/1994ZONING BOARD OF APPEALS September 8, 1994 Annual Meeting - 8:30am Minutes The annual meeting of the Zoning Board of Appeals was held on Thursday, September 8, 1994, in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Michelena, Breth, Huddleson, Gustafson, Cuthbertson, Shannon, Perica. Members absent: None.. The meeting was called to order by Chairman Gustafson. Council Liaison: Ann Azari Staff Liaison: Peter Barnes Staff Support Present: Peter Barnes Ann Chantler The minutes from the August meeting were approved. (finally) Anneal 2113. 140 North Pearl by Shannon Hayashi, approved. Section 29-119(1), 29-119(4), 29-494(1). ----- The variance would reduce the required lot area from 3 times as large as the floor area of the building, to 1.9 times as large, reduce the required rear yard setback from 15 feet to 10.5 feet, reduce the rear yard setback from 15 feet to 6 feet and eliminate the one required off street parking space currently existing in the garage. The variances are requested in order to convert the existing garage to living space, build a second floor addition over the garage and an enclosed sun room onto the front of the home. Petitioner's statement of hardship: The home is very small, only 695 square feet, and the lot is very small and very shallow. Any addition greater than 126 sq. feet will require a lot area variance. Because the lot is so small, there is no place that an addition can be built without requiring a setback variance. Converting the garage to living space maximizes the floor area that can be obtained without sacrificing open space (yard.) Zoning Board of Appeals September 8, 1994 Page 2 ----- Staff Comments: This is the smallest and shallowest lot that the ZBA has dealt with in many years. Converting the garage results in the loss of the one required parking space because the driveway is not long enough to count as a legal parking space. A car parked in this driveway will hang over the sidewalk. Normally, the driveway is long enough to count as a legal space in the event that a home has no garage, or if the garage has been converted to living space. That is not the situation in this case. Zoning Administrator Peter Barnes stated presently the driveway is only 10' long and legally does not qualify as a legal parking space. He stated there are a number of houses on the other side of the street that have added second stories, so this addition would fit in the neighborhood. He also stated the legal description of this lot showed at one time it was probably split and made into two lots. Mr. Barnes stated this lot has an alley but was vacated by the City years ago and is not legally an alley. He also stated this lot has a sidewalk, which is unusual for this area, and that the sidewalk is on the owner's lot instead of in the public right-of-way. Mr. Hayashi, owner, appeared before the Board. He stated his family likes the neighborhood and would like to stay by adding additional living space. Because the lot is so small, the only way to do that is to add a second story and convert the garage to living space. He stated only two other garages on Pearl Street use their garage for parking. Mr. Hayashi stated parking on the street is not congested to the South, although there are rental houses to the North and across the street. Board member Breth suggested that Mr. Hayashi keep the garage and add a second story that covers the whole house instead. Board member Shannon stated Pearl Street is only one block long so traffic on that street is primarily people who live there. No one was present in favor or in opposition of this appeal. Mr. Barnes stated he did receive phone calls from neighbors supporting this appeal. I Zoning Board of Appeals September 8, 1994 Page 3 Board member Perica stated the lot size and the fact that the sidewalk is on the property owner's lot would present a hardship. Board member Gustafson stated the lot size was a hardship, losing a parking space by approving this appeal bothered him, but he was in favor of this appeal. Board member Michelena stated he favored the rear yard setback , but the parking was an issue with him also. He stated the lot is very small and narrow and saw a hardship there. Board member Huddleson stated the size of the lot was a hardship, off street parking did not seem that large of a concern because it is only one block long, in all the years he has served on this committee he has never seen such a small lot, and was in favor of this appeal. Board member Breth stated he did not want this to start a precedent, was in favor of this appeal, but would like to see the garage cut back 4' to line up with the front of the house, in order to lengthen the driveway. Board member Michelena stated he would like to see the garage cut back also, but even then the setbacks would not be legal. Board member Gustafson stated cutting back the garage would only add 41, this is an extremely small lot, and felt this Board was not setting a precedent. Board member Huddleson moved to. approve Appeal 2113 for the hardship stated. Board member Shannon seconded the motion. Yeas: Michelena, Huddleson, Gustafson, Cuthbertson, Shannon, Perica. Nayes: Breth. The motion passed. Appeal 2114, 1212 Raintree by Bruce Hendee, architect, approved with condition. Section 29-591(6). The variance would allow a housing project ID sign to be located at a location other than at an entrance into the project. Specifically, the variance would allow the sign for "The Preserve" to be located at the NW corner of Raintree Drive and Drake Road, instead of at the Drake Road entrance located further to the west. Zoning Board of Appeals September 8, 1994 Page 4 Petitioner's statement of hardship: When the project was going through the public review process, there was considerable neighborhood concern about traffic congestion. In order to direct traffic away from the area of neighborhood concern, the sign is proposed to be located at the corner of the property, nearer to the project office location. The actual entry on Drake Road does not provide a very direct or accessible drive -way route to the office. The proposed sign location should help facilitate better internal and external site traffic flow. ----- Staff Comments: None Zoning Administrator Peter Barnes submitted to the Board a revised drawing of the proposed sign. Mr. Barnes stated the entrance off Drake does not make it easy to find the office area. There will eventually be a traffic light at Drake and Raintree which will make turning into the complex off Drake much better for traffic. Bruce Hendee, architect, appeared before the Board. He quoted minutes from a neighborhood meeting held 8-30-94 stating the traffic on Drake and Shields is a disaster and egress from the neighborhood is dangerous. Moving this sign will help direct traffic to the intersection with the proposed traffic light. Board member Perica stated if this variance was approved, couldthe proposed sign be a directional sign as well as an identification sign, by including an arrow or other directional information? Peter Barnes stated that would be an acceptable condition for the Board to put on this variance. Mr. Hendee stated the original plan was to have the office area closer to the intersection of Raintree and Drake, but after neighborhood meetings and meetings with the City of Fort Collins Planning Department, the office area was moved closer to the Raintree entrance. Board member Breth suggested a small sign be placed at the entrance at Raintree and Shields. Peter Barnes stated traffic concerns were to try to de -emphasis that entrance and a sign placed there would only emphasis that entrance. • Zoning Board of Appeals September S, 1994 Page 5 No one was in favor or in opposition of this appeal. Board member Breth stated he supported this appeal if there was some directional information on the sign. Board member Huddleson agreed it was a good idea but needed clarification on the hardship. There was Board discussion of what constituted a hardship and whether "practical difficulties" counted. Board member Gustafson stated with the entrance off Raintree, it would create a hazard for cars on Drake and by relocating the sign it would benefit the public. Mr. Barnes stated the staff's view was they would prefer the sign at the corner, traffic would be encouraged to go to the light on Drake, and the City does not want the entrance on Drake emphasized. Board member Cuthbertson moved to approve appeal 2114 for the reasons stated with the condition the sign have some kind of direction on the identification sign. Board member Breth seconded the motion. Yeas: Breth, Gustafson, Cuthbertson, Shannon. Nayes: Michelena, Huddleson, Perica. The motion passed. Election of officers Chairman: Chuck Huddleson Vice Chairman: Ray Michelena The meeting was adjourned. iIIIJU o ustafson, Chairman /3", Peter Barnes, Zoning Admin.