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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 11/12/1992ZONING BOARD OF APPEALS November 12, 1992 Regular Meeting - 8:30am The regular meeting of the Zoning Board of Appeals was held on Thursday, November 12, 1992 at 8:30am in the Council Chamber of the City of Fort Collins City Hall. Roll was answered by: Perica, Anastasio, Gustafson, Huddleson, Cuthbertson, Lancaster. Board members absent: Wilmarth, excused. The meeting was called to order by Chairman Gustafson. Staff Liaison: Peter Barnes Council Liaison: Susan Kirkpatrick Staff Support Present: Peter Barnes Ann Reichert Minutes from the October meeting were approved with correction. Appeal 2046. 121 Third Street by Robert Alberts, owner, approved, Section 29-178(4), 29-178(5). The variance would reduce the required rear yard setback from 15 ft. to 3 ft., and would reduce the required side yard setback along the south lot line from 5 ft. to 4 ft. 9 inches in order to allow a 20' X 21' detached garage to be built in the RM zone. The new garage would replace the previously existing one -car garage. Petitioner's statement of hardship: The previous garage was very old and in poor condition. The owner wants to build a newer slightly larger garage at the same setback locations using the existing foundation. There is an alley along the rear property line which will act as a buffer and preserve the intent of the code. The owner proposes to use the existing driveway. A mature tree would need to be removed if the garage must be built 10 feet further to the east in order to comply with the code. Peter Barnes, Zoning Administrator, stated this home is located in the Buckingham area. The access to some of the garages are through the alley, this particular garage is accessed off the street. Mr. Barnes stated the owner plans to use the existing foundation. Zoning Board of Appeals November 12, 1992 Page 2 Robert Alberts, owner, appeared before the Board. He stated the garage has been there for 30 years and he tore it down because it was in bad shape. Since owning the property he has painted, put up a fence and is trying to make the neighborhood better. He talked with his neighbors about replacing the garage with another, slightly larger one, and they agreed with his plans. He submitted a list of signatures of his neighbors in support of this appeal to the Board. He stated the new garage would not block anyone's sunlight or any other view. Board member Huddleson asked Mr. Alberts if there was any other place on his property that the garage could be constructed. Mr. Alberts stated because of mature trees and bushes and the access to the garage, there was no other place. Mr. Kingston, 117 Third Street, appeared before the Board in favor of this appeal. Mr. Alberts submitted to the Board additional pictures of garages and buildings with setbacks at the same distance as he is requesting. No one was present in opposition of this appeal. Board member Cuthbertson stated he had no problem with this appeal, the owner was just replacing the garage with one slightly larger. Board member Anastasio agreed. Board member Huddleson moved to approve appeal 2046 for the hardship stated. Board member Anastasio seconded the motion. Yeas: Perica, Anastasio, Gustafson, Huddleson, Lancaster, Cuthbertson. Nayes: None The motion passed. Appeal 2048. 303 South College, Rick Emery, contractor and owner's representative, approved, Section 29-493(1). ----- The variance would eliminate the required landscape buffer between the sidewalk and the parking area. Specifically, the variance would allow a parking area to exist without the required 15 foot landscape buffer behind the sidewalk along College Avenue and the required 10 foot landscape buffer behind the sidewalk along Olive Street. The landscaping required is a result of a proposed change of use from gas station to retail store. Zoning Board of Appeals November 12, 1992 Page 3 ----- Petitioner's statement of hardship: The building and parking area already exist and the configuration of the two make the installation of the required landscape buffers impractical. If the buffers were installed, the remaining parking area would be unusable. Also, the owner feels that the intent of the code is being met as there exists a more than adequate buffer between the curb and the sidewalk. Zoning Administrator, Peter Barnes, stated this used to be the Gooding Station and plans are to convert it to a retail oriental food store. Mr. Barnes explained the code that pertains to this situation and that the landscaping on College occurs on the outside of the sidewalk and if the code is complied with, the landscaping would be on the inside and then there would only be room for one parking space. The City is requiring the owner to narrow the curb cut on Olive Street to the West, getting the cars further away from College Avenue. Mr. Barnes stated XYZ Company, got a variance to reduce their landscaping from 15 feet to 5 feet. The Clock Tower office building got a variance to reduce their's from 15 feet to 3 feet. Rick Emery appeared before the Board representing the owner. He stated the lot is small, the owner plans to plant an addition two trees and continue the landscape strip along Olive to meet the building. No one was present in favor or in opposition of this appeal. Board member Cuthbertson stated the plan appeared reasonable to him. Board member Anastasio stated the size of the lot was small for a commercial lot and the owner and contractor appear to be making the best of the situation. Board member Lancaster moved to approve Appeal 2048 for the hardship stated. Board member Huddleson seconded the motion. Yeas: Perica, Anastasio, Gustafson, Huddleson, Lancaster, Cuthbertson. Nayes: None The motion passed. Appeal 2049 - 815 W. Magnolia by Mike Rossi, contractor, approved, Section 29-167(3). ----- The variance would reduce the required front yard setback from 15 feet to 6 feet in order to allow a new porch cover to be built, replacing the existing fiberglass porch cover. The home is located in the NCM zone. Zoning Board of Appeals November 12, 1992 Page 4 Petitioner's statement of hardship: The owner desires to replace an existing fiberglass porch cover with a wood rafter porch cover which will match the existing one. The setback is existing and the existing concrete stoop will remain. The lot is only 50 feet deep, so it is very shallow. The porch cover will still be 26' from the curb. Zoning Administrator, Peter Barnes, stated the new proposed porch cover will exactly replace the fiberglass porch that is presently there. Mr. Barnes stated the street this house is on is a local street, not a collector and likely to not be widened. Mike Rossi, contractor, appeared before the Board. He explained the proposed plan to replace the porch. No one was present in favor or in opposition of this appeal. Board member Cuthbertson stated he felt there was no detriment to the public, this was an existing situation and he was in favor of this appeal. Board chairman Gustafson stated the shallow lot was a hardship. Board member Huddleson moved to approve Appeal 2049 for the hardship stated. Board member Anastasio seconded the motion. Yeas: Perica, Anastasio, Gustafson, Huddleson, Lancaster, Cuthbertson. Nayes: None. The motion passed. OTHER BUSINESS Zoning Administrator, Peter Barnes, distributed a memo from the City regarding an Energy Policy. The 1993 Work Plan was also discussed. The sign code audit was mentioned as an item to work on in 1993. Board member Lancaster stated he would like to see the County and City work together on the sign code. Mr. Barnes stated he is a member of the County Sign Committee. Board member Huddleson moved to approve the 1993 work plan as submitted by Mr. Barnes. The motion was seconded by Board member Cuthbertson. Yeas: Perica, Anastasio, Gustafson, Huddleson, Lancaster, Cuthbertson. Nayes: None. The motion passed. Zoning Board of Appeals November 12, 1992 Page 5 The next meeting will be held at 281 North College Avenue in the Conference Room, City Hall Council Chambers is being remodeled. The meeting was adjourned. Robert Gustafson Date RG/PB:aer Peter Barnes Date ZONING BOARD OF APPEALS November 12, 1992 Roll call. Appeal 2046. The variance would reduce the required rear yard setback from 15 ft. to 3 ft., and would reduce the required side yard setback along the south lot line from 5 ft. to 4 ft. and 9 inches in order to allow a 191X20' detached garage to be built in the RM zone. The new garage would replace the previously existing one -car garage. Section 29-178(4), 29- 178(5) by Robert Alberto, 121 Third St. 3. Appeal 2048. The variance would eliminate the required landscape buffer between the sidewalk and the parking area. Specifically, the variance would allow a parking area to exist without the required 15 foot landscape buffer along College Avenue and the required 10 foot landscape buffer along Olive Street. The landscaping required is a result of a proposed change of use from gas station to retail store. Section 29- 493(1) by Rick Emery, 303 S. College Avenue. 4. Appeal 2049. The variance would reduce the required front yard setback from 15 feet to 6 feet in order to allow a new porch cover to be built, replacing the existing fiberglass porch cover. The home is located in the NCM zone. Section 29-167(3) by Mike Rossi, 815 W Magnolia. 5. Other business.