Loading...
HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 06/13/1991ZONING BOARD OF APPEALS JUNE 13, 1991 REGULAR MEETING - 8:30 AM The regular meeting of the Zoning Board of Appeals was held on Thursday, June 13, 1991 at 8:30am in the Council Chambers of the City of Fort Collins City Hall. Board president Chuck Huddleson called the meeting to order. Board members present: Gustafson, Wilmarth, Huddleson, Lancaster Board members absent: Anastasio, Garber Staff present: Barnes, Reichert Appeal # 1989 - 301 South Loomis Street by Marlene Bentino and Brian Hall, owners - approved. The variance would reduce the required side yard setback along the street side (the north side) from 15 feet to 10 feet in order to allow a porch cover to be built over the porch deck. The house is located in the RM zone. Petitioner's statement of hardship: The house is 84 years old. Originally, there was a porch cover which wrapped around the house and covered the deck. The owners desire to restore the appearance of the house to its original state by constructing a porch cover similar to the original. The deck is already only 10 feet from the lot line, so the cover will not be any closer than the existing structure. Staff comments: None Zoning Administrator Peter Barnes stated this was an old home on the corner of Olive and Loomis. The owners do want to restore the porch cover over the deck. Boardmember Lancaster asked for clarification from Mr. Barnes on the code that stated a person can re -build a structure to the original size and location if destroyed by natural causes without a variance . Mr. Barnes stated there was a code like that, but it did not apply in this case. Marlene Bentino, 301 South Loomis, appeared before the Board. She showed the Board pictures of the original house. Boardmember Lancaster stated he was pleased to see this owner restoring an older home to it's original plan and retain its character. Zoning Board of Appeals Page 2 June 13, 1991 Boardmember Gustafson moved appeal #1989 be approved for the hardship stated. Boardmember Wilmarth seconded the motion. Yeas: Huddleson, Lancaster, Wilmarth, Gustafson. Appeal #1990 - 1809 North College Avenue by Abram P. Boone, owner - approved. ----- The variance would increase the maximum number of residents allowed in an elderly group home facility from 15 to 40. The property is currently a 40-unit motel located in the HB zone. ----- Petitioner's statement of hardship: The HB zone allows any use permitted in the RM zone, but the RM zone allows only 15 residents because of the supposed residential character inherent in RM neighborhoods. This property is in the HB zone on North College, and is not residential in character. The property is currently a motel, so the proposed use would actually be less intense. The lot exceeds the RM requirement of 12,750 square feet for 15 residents. Staff Comments: The lot is 60,390 square feet. Using the lot area formula for group homes in the RM zone, 78 residents would be allowed. As mentioned in the hardship, staff believes that the intent of the group home ordinance is to limit the number of residents to 15 because it is assumed that the neighborhood the facility is located in will be predominantly residential. Therefore, the hardship is due to the location of the property on College Avenue. Zoning Administrator Peter Barnes stated this facility is now the Lamplight Motel. Most home health care facilities are located in residential areas and this one is not. Behind this facility the area is zoned light Industrial. He explained that the intent of the maximum number of residents being limited to 15 is due to the expectation that RM group homes would be located in residential zones. Mr. Boone appeared before the Fort Collins for this kind of very suitable for a personal would be very light traffic an( for his purpose. Mr. Boone fel- ends meet economically. Board stating there was a need in facility. The property seemed to be care facility. He mentioned there i the parking was more than adequate : he needed 40 room in order to make Board president Huddleson informed Mr. Boone that he understood the economics, but the purpose of this Board was to consider the appeal because of a hardship other than economics. 0 Zoning Board of Appeals Page 3 June 13, 1991 Boardmember Gustafson asked if this facility needed to meet the approval of the Health and Safety Departments. The Boones already own 2 home health facilities and both are licensed with the state. Mrs. Boone appeared before the Board and stated they had plans to do major renovations and all work would be approved by the state health department as well as meet the City and Fire codes. Mr. Barnes stated that before the City can issue a permanent certificate of occupancy, the Boone's must furnish the City with a copy of their license for the board and care facility at 1809 North College. No others attended the meeting to speak either in favor of the variance or against the appeal. Boardmember Lancaster stated he saw the hardship as the location, if this property was in zone C or I, then a variance would not be needed. Board president Huddleson stated he felt this was a unique location. Boardmember Lancaster moved to approve Appeal #1990. Boardmember Wilmarth seconded the motion. Yeas: Huddleson, Lancaster, Wilmarth, Gustafson. Appeal #1991. 430 Garfield by James E. Colburn Jr., owner - approved. The variance would reduce the required corner -side yard setback along Whedbee Street from 15 feet to 9.5 feet in the RM zone to allow an addition to a single family residence. ----- Petitioner's statement of hardship: The home has an existing setback of 11 feet to the side lot line. The addition to the home is placed on the lot in the only location where it can be placed. Since the home is already at an 11 foot setback, and because of an existing driveway and garage, it is necessary to place the addition in this location. It is also necessary to place the addition in this manner in order to make it line up with the existing structure, otherwise the addition would be too small to be of any use. The addition will be 30 feet from the street, since the property line is 20 feet behind the street. E Zoning Board of Appeals Page 4 June 13, 1991 Zoning Administrator Peter Barnes stated the house is in the older part of town and has no curb or sidewalk. The owners want to put in a bay window on the side of the house. Because of the placement of the garage and the topographical situation, there is no other place to add on to the house. Peggy Colburn, 430 Garfield, owner, appeared before the Board. She stated the house is rather small and they would like to add a laundry room, a bedroom and a living room. No others attended the meeting to speak either in favor or against the appeal. Boardmember Wilmarth commented the owners appear to have given this a great deal of thought, and she sees no other option. Boardmember Lancaster moved to approve Appeal #1991 for the hardship stated. Boardmember Gustafson seconded the motion. Yeas: Huddleson, Lancaster, Wilmarth, Gustafson The meeting was adjourned. Next meeting - July 11, 1991 - City Council Chambers. Respectfully Submitted Chuck Huddleson, President D�� 4 "- Peter Barnes, Zoning Administrator CH/PB/aer