Loading...
HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 12/12/1991ZONING BOARD OF APPEALS December 12, 1991 Regular Meeting - 8:30aM The regular meeting of the Zoning Board of Appeals was held on Thursday, December 12, 1991 in the Council Chambers of the City of Fort Collins City Hall. Roll was answered by: Lancaster, Gustafson, Wilmarth, Huddleson, Cuthbertson, Perica. Boardmember Absent: Anastasio Staff Present: Peter Barnes, Ann Reichert Minutes of the November meeting were approved. Appeal #2016 by Les Brittingham. for Life Center Christian Fellowship, approved with conditions. ----- The variance would reduce the required 5 foot landscape parking lot setback along the west lot line to 0 feet, and would eliminate the requirement to have 6% of the interior of the parking lot landscaped with landscaped islands. The variance is necessary as a result of a church use being established on this site in the IL zone, constituting a change of use. ----- Petitioner's statement of hardship: The parking area is very large, and predominantly serves a large warehouse operation which occupies the majority of the building. Landscape islands in the parking area would interfere with efficient circulation of large semi -trucks which must access the building and really doesn't use the majority of the parking lot. There is an existing landscape setback along Harmony and along the east lot line, and the applicant is proposing to add any trees and shrubs which might be required as part of the Harmony Corridor landscape regulations. Zoning Administrator, Peter Barnes, explained the location, store front uses and warehouse uses. Zoning Board of Appeals December 12, 1991 Page 2 Boardmember Perica asked Mr. Barnes the elevation of the property related to Harmony as well as questions regarding the right of way of the railroad. Mr. Barnes stated that the parking lot is lower than Harmony Road and that the west lot line is directly adjacent to the railroad right-of-way. Therefore, no building could ever be built to the west of this property as long as the railroad is there. Boardmember Lancaster asked if this property was once in the County, and now annexed to the City. Mr. Barnes stated it was annexed into the City in 1989. The church moved into the building shortly after annexation. The City did not become aware of the fact the church had gone in after the annexation until the fire department required an occupancy load sign. At that time it was determined that the church use constitutes a change of use, and thus compliance with the parking code is required. Les Brittingham of the Life Center Christian Fellowship appeared before the Board. He stated he feels this church is an addition to the Harmony Road area, and there is a legitimate hardship. No one was present in opposition or in favor of the appeal. Boardmember Lancaster moved to approve the appeal for the hardship stated. Boardmember Wilmarth seconded the motion. Boardmember Perica amended the motion to state this appeal is granted with the condition that if the warehouse use ceases, the variance is voided. Boardmember Cuthbertson seconded the amendment. Yeas: Lancaster, Gustafson, Huddleson, Wilmarth, Perica, Cuthbertson. Amended Appeal #2016 yeas: Lancaster, Gustafson, Huddleson, Wilmarth, Perica, Cuthbertson. Appeal 2017 - 1450 Riverside Avenue by George Brelig, approved with conditions. ----- The variance would reduce the lot setback requirement alon feet to 0 feet, and along th to 0 feet. The variance woul required interior parking to 6% to 0%. The variances are t Collins Cashway site to be required landscaped parking g Riverside Avenue from 15 e north lot line from 5 feet d also reduce the amount of t landscaped islands from o allow a portion of the old used as a 2 year, temporary parking lot for construction workers who are working on the Poudre Valley Hospital addition. Zoning Board of Appeals December 12, 1991 Page 3 Petitioner's statement of hardship: The parking lot is only temporary in nature. Any perimeter and interior landscaping installed now would probably have to be removed when a new, permanent use is established on this property. The owner has the property for sale, and the lease that Hensel Phelps has on the lot requires that they vacate within 90 days of sale. Therefore, the length of time the property will be used is uncertain. Zoning Administrator Peter Barnes explained the temporary parking lot and that the City does not recognize temporary uses. Hensel Phelps has approximately 100 cars using the lot, and they have a shuttle bus that takes the employees from the lot to the hospital. Petitioner George Brelig appeared before the Board. He stated this was a temporary parking lot. This property was for sale, and the contract between the construction company and the owner stated if the land sold, the parking lot would be vacated in 90 days. The owner does not want to spend money on permanent landscaping for a parking lot if it sells and is used for other purposes. Board president Huddleson asked Mr. Brelig to give specific reason why this variance should be granted. Floyd Wernimont, 1321 Teakwood, owner of the property appeared before the Board. He stated it was his desire to sell the property, sub -divide it, and put it to other usage. Hensel Phelps has agreed to maintain the property to take care of snow removal or weed problem. He feels that is better than to have the land unused and sitting empty. Boardmember Perica asked if water was available to this property. Mr. Wernimont stated there is no water tap there. Board member Lancaster stated when this property was a lumber yard, weeds were a problem and the land may have been treated with a herbicide. Mr. Lancaster stated if the land was treated with a sterilent within the last couple years, nothing may grow there for 3-4 years. John Baker of Hensel Phelps appeared before the Board. He stated heavy equipment will be kept on the site, and the temporary parking lot will be used for parking of vehicles. He explained the timing of the construction project. Boardmember Lancaster stated he understood the parking is a temporary situation but would like to see some signage stating this is temporary parking for Poudre Valley Hospital Construction. Zoning Board of Appeals December 12, 1991 Page 4 Boardmember Cuthbertson stated a fence to screen the parking may be a better possibility. Board president Huddleson stated strict application of zoning laws would deny the variance, but because of a number of unusual circumstances in this situation it could be granted with some conditions. The Board and applicant discussed the type of fencing, slatting and cost of materials. Boardmember Lancaster moved to approve Appeal #2017 for the hardship stated with the following conditions: 1) identify by sign this is temporary parking for construction 2) the property will be fenced with solid slats along Riverside to provide screening 3) No long lasting soil sterilents will be used to treat the property 4) The fencing be completed within 60 days 5) This variance will last for 2 years or until change of use, which ever is less. Boardmember Gustafson seconded the motion. Boardmember Cuthbertson asked if there was any problem with visibility along Riverside looking into the lot. Boardmember Cuthbertson moved to amend the motion to include slatting on the East side fence for the entire length of the lot of the leased property. Boardmember Perica seconded the motion to amend. Yeas: Lancaster, Gustafson, Huddleson, Wilmarth, Perica, Cuthbertson. The motion: Yeas: Lancaster, Gustafson, Huddleson, Wilmarth, Perica, Cuthbertson. Appeal #2018 - 1706 Fairbrooke Court by Bill Harper and Bill Neal, approved. The variance would reduce the required lot width from 60 feet to 40 feet for a new, single family dwelling in the RP zone. Zoning Board December 12, Page 5 of Appeals 1991 ------ Petitioner's statement of hardship: The lot is pie -shaped cul-de-sac lot. If the house were set back to where the lot width is 60 feet, the front setback would be about 58 feet. The house would be so far back on the lot that the front of the house would be behind the back of the adjacent homes. All the setbacks will be complied with. There is also a drainage problem on this lot in that drainage goes to the lot to the south. Moving the home forward allows for an opportunity to generally contain the drainage within this lot. A setback of 58 feet as required would be out of character with the rest of the cul-de-sac. Zoning Administrator Peter Barnes explained the location of the lot and the requirements for the width of the lot. He stated Mike Herzig from Engineering was present to answer any questions on the drainage issue. Mike Herzig explained the drainage situation. The drainage on this lot is generally from the northwest to the southeast and it drains to the southeast corner of the property with the blue house on it. Peter Barnes stated Engineering has a hold on the permit until the drainage situation is taken care of. Mike Herzig stated the general drain problem was never taken care of. Bill Harper, Wheeler Realty, addressed the Board. He stated he also represented Hank Lewindowski, the builder. He stated the configuration of the two lots on that sub -division is such that Mr. Lewindowski needs to build two houses at the same time because of the narrowness of the lots. Belina House, the owner of the Blue House appeared before the Board. She stated the water drains into her backyard. She had a builder build a berm of dirt and it's not working. She had no opinion on what she preferred for the setback. Boardmember Lancaster stated if this variance was not allowed, sitting the house far back on the lot would take away from the appearance of the neighborhood. Boardmember Gustafson moved to approve Appeal #2018 for the hardship stated. Boardmember Perica seconded the motion. Yeas: Lancaster, Gustafson, Huddleson, Wilmarth, Perica, Cuthbertson. n U Zoning Board of Appeals December 12, 1991 Page 6 OTHER BUSINESS Zoning Administrator Peter Barnes told the Board an item denied by the Board will be appealed at City Council on January 7, 1992. Chuck Huddleson, Chairperson / )e z- r� O—A.- -�' Peter Barnes, Zoning Administrator CH/PB:aer