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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 05/14/1992ZONING BOARD OF APPEALS May 14, 1992 Regular Meeting - 8:30am Minutes The regular meeting of the Zoning Board of Appeals was held on Thursday, May 14, 1992 at 8:30 am in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by Board members Wilmarth, Gustafson, Cuthbertson, Anastasio, Lancaster, Huddleson. Board members Absent: Perica Staff Liaison: Peter Barnes Council Liaison: Susan Kirkpatrick Staff Support Present: Ann Reichert Peter Barnes Paul Eckman, City Attorney's Office Minutes of the regular meeting of April 9, 1992, approved as published. Appeal 2024 - 920 North College Avenue by owner Dixie Johnson, approved. The variance would eliminate the requirement to provide a 5 foot wide landscape buffer strip along the north lot line, in order to allow the building to be changed in use from a drive-in restaurant to a hair salon in the HB zone. The rest of the landscape requirements will be complied with. ----- Statement of hardship: The building is existing. The change of use from restaurant to hair salon requires that the property be brought into compliance with the parking code. However, the building is located only 41 feet from the north lot line. In order to provide the 5 foot landscape strip and the parking stalls and driveway, the building would have to be 46 feet from the lot line. Therefore, the building would have to be moved or the parking would have to be eliminated. All other requirements of the parking code will be compiled with. 1 Zoning Board of Appeals May 14, 1992 Page 2 Zoning Administrator Peter Barnes explained this was formally Connie's Drive In. The change of use triggered the requirement to add landscaping. Dixie Johnson, owner, appeared before the Board. She stated the main issue is to wave the landscaping on the north side of the building. She stated with the work she has planned on the building, it will help beauty North College Avenue. Peter Barnes stated the City is currently undertaking a study on North College Avenue and the landscaping Ms. Johnson has planned will be temporary until the study is complete and improvements are done by the City. No one was present in favor or in opposition of the appeal. Board chairman Huddleson stated he was in favor or improving property on North College and this would be a public benefit. He stated the hardship was the configuration of the lot and how the building was situated on the lot. Board members Cuthbertson, Anastasio and Lancaster stated they shared the same thoughts. Board member Lancaster moved to approve Appeal 2024 for the hardship stated. Board member Gustafson seconded the motion. Yeas: Lancaster, Wilmarth, Gustafson, Huddleson, Cuthbertson, Anastasio. Nayes: None The motion passed. Appeal 2025 - 726 West Mountain Avenue by Charles Cote, approved with condition. ----- The variance would reduce the required rear yard setback from 15 feet to 5 feet for a new detached, two -car garage, in the NCL zone. The new garage will replace the existing one -car garage. ----- Statement of hardship: The existing garage is small and encroaches into the side yard setback. The petitioner desires to demolish it and build a new two -car garage. The building can't be located any further to the south because it is necessary to main- tain adequate distance between the garage and the house in order to get cars in and out of the building. Zoning Administrator Peter Barnes stated this home is located in the older part of town. Mr. Barnes surveyed the neighborhood and found there are one and two car garages. z Zoning Board of Appeals May 14, 1992 Page 3 Mr. Cote, owner, appeared before the board. He stated his lot was shortened in 1940. The present garage was built for older cars and not suitable for the new modern cars. He is forced to park two vehicles on Mountain Ave. He submitted to the Board architectural drawings for the new two -car garage. He stated it will be low impact to the neighborhood and the old brick will be used in exterior design. No one was present in favor or in opposition of the appeal. Board member Lancaster asked if this was a standard two -car garage and were there other two -car garages in this neighborhood. Mr. Cote stated this was not uncommon, there were several carriage houses in the area. There was considerable discussion about the size of the garage and the fact that it had a 2nd floor for storage. Board chairman Huddleson confirmed with Mr. Barnes that if the back lot line had not been changed, there would be no need for Mr. Cote to apply for a variance. Board member Lancaster stated this lot was unique because the separation of the back yard actually faces the side yard. Board member Gustafson moved to approve Appeal 2025 with the condition that size be limited to size submitted with this application for the hardship stated. Board member Wilmarth seconded the motion. Yeas: Lancaster, Wilmarth, Gustafson, Huddleson, Cuthbertson, Anastasio. Nayes: None The motion passed. Anneal 2026 1200 Windsor Road by Craig Jobe, owner, approved with condition. ----- The variance would allow a home occupation to be conducted with two employees, who don't reside in the home, instead of the one employee allowed by code. The home occupation will be for a crown and bridge dental laboratory, which does not involve client traffic. ----- Statement of hardship: The business will generate no traffic and will have less impact than permitted home occupations such as hair salons and insurance agencies. The business is currently located in Loveland, with two employees, and the owner desires to relocate to Fort Collins. The use will be conducted in the rear portion of an R.V. garage, and will not be visible from the street. i ��.d of Appeals 1992 located 9 stated this home will be ,or, Barnes City limits. No clients ing Administrator peter Btskirts of the will be located in the 12 acres and is on the laboratory //will visit the business anthed street. garage, not visible from He submitted appeared before the Bans The house obe Mr. Craig Jobe, owner, the proposed house p a breezeway• only drawings to the Boardof be connected with employees will traffic will be minimal, his two garage/laboratory, day stated the and leave once a appeal. come once a day . „nnosition of the No one was present in favor u� a because appeal may be considered unique the home e and is al a rural setting, Mr. Paul Eckman stated large this aPP more urban areas. this lot is so designed for occupation ordinance is a rural area, the code is stated this is limited and won't Cuthbertson the traffic will be Board member this area. aimed at more urban areas, with the generate more traffic throughapprove Appeal 2025 moved to PP crown Board member. Lancaster occupation license be limited the motion. Board member Anastasio seconded Cuthbertson, condition that the home Huddleson, and dental laboratory. marth, Gustafson, Yeas: Lancaster, None The motion passed. Anastasio. Nayes: - 1200 LaPorte Avenue by Paul Munana, owner, approved. Avoe� 2027 required rear yard setback __ The variance would reduce eet and the required side yard __ 4 feet in from 15 feet to 11.5 a with a collapsed setback along the east lot line from 5 feet o one -car garage, two -car order to allow an older,Teconstructed into a footprint. lean-to additionthe previously existing building garage using the NCL zone. The property is in The building is old and has been ___ ears. A lean-to addition __ Statement of Hardship: in this location for about 40 Y changing the roof, recently collapsed and the owner would like to rebuild using the existing walls. BY garage. However, it, the hope is to make a two -car g rior to the trusses, will be the exact same sill thesexisting the building reconstructed on collapse and will be concrete pad• taking part in this self Board chairman Huddles conflict ofcint reon exused st. from appeal due to a Zoning Board of Appeals May 14, 1992 Page 5 Zoning Administrator Peter Barnes stated this is an older part of town. The proposed two -car garage will be the same footprint as the previous one. Board member Gustafson asked Mr. Munana if the cement was poured recently. Mr. Munana stated he thought it had been there for 40 years. Mr. Munana submitted pictures to the Board. He stated he intended to use new lap board to add support and to extend the back and side walls. He does intend to put electric in the building and use materials to match the garage to the house. No one was present in favor or in opposition to the appeal. Board member Lancaster stated he felt this was a bad situation and the home owner was making it better. Board member Anastasio stated this was an excellent improvement to the home. Board member Wilmarth moved to approve Appeal 2027 for the hardship stated. Board member Lancaster seconded the motion. Yeas: Lancaster, Wilmarth, Gustafson, Cuthbertson, Anastasio. Nayes: None The motion passed. Appeal 2028 - 1220 South College Avenue by petitioner Kevin and Ed Zdenek, tabled. The petitioner was not present. Board member Gustafson moved to table Appeal 2028. Board member Cuthbertson seconded the motion. Yeas: Lancaster, Wilmarth, Gustafson, Huddleson, Cuthbertson, Anastasio. The meeting was adjourned. CH/PB:aer Chuck Huddleson, Chairman �L /3 �. Peter Barnes, Zoning Administrator ZONING BOARD OF APPEALS May 14, 1992 1. Roll call. 2. Appeal 2024. The variance would eliminate the requirement to provide a 5 foot wide landscape buffer strip along .the north lot line, in order to allow the building to be changed in use from a drive-in restaurant to a hair salon in the HB zone. The rest of the landscape require-ments will be complied with. Section 29-493 (1) by Dixie Johnson, 920 College Avenue. 3. Appeal 2025. The variance would reduce the required rear yard setback from 15 feet to 5 feet for a new detached, two -car garage, in the NCL zone. The new garage will replace the existing one -car garage. Section 29-119 (4) by Charles Cote, 726 W Mountain Ave. 4. Appeal 2026. The variance would allow a home occupation to be conducted with two employees, who don't reside in the home, instead of the one employee allowed by the code. The home occupation will be for a crown and bridge dental laboratory, which does not involve client traffic. Section 29-459 (1) by Craig Jobe, 1200 Windsor Road. 5. Appeal 2027. The variance would reduce the required rear yard setback from 15 feet to 11.5 feet and the required side yard setback along the east lot line from 5 feet to 4 feet in order to allow an older, one -car garage, with a collapsed lean-to addition to be reconstructed into a two -car garage using the previously existing building footprint. The property is in the NCL zone. Section 29-119-(4) by Paul Munana, 1200 Laporte Ave. 6. Appeal 2028. The variance would increase the maximum height requirement for a 36 square foot freestanding sign, at a 7 foot setback, 'from 13 feet to 15 feet. The variance would allow the current pole -mounted sign to remain in its present location. The property is located in the BL zone. Section 29-595 (C) by Kevin & Ed Zdenek, 1220 S College Ave.