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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/11/1990E ZONING BOARD OF APPEALS Minutes Regular Meeting - October 11, 1990 Council Chambers - 8:30 a.m. The regular meeting of the Zoning Board of Appeals was held on Thursday, October 11, 1990 at 8:30 a.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by Garber, Lancaster and Wilmarth. Member absent: Thede and Huddleson. Staff present: Barnes and Zeigler. Minutes of the Regular Meeting of September 13, 1990. Approved as Published The minutes of the September 13, 1990 regular meeting were unanimously approved. Appeal #1965. Section 29-459 (1) by Robert Dillon, owner - 617 Princeton Road - Approved "--- The variance would allow the use of a detached building in connection with a home occupation. Specifically, it would allow an existing 24 x 40 foot detached garage to be used to house limousines in connection with a limousine service in the RL zone. --- Petitioner's statement of hardship: The petitioner has operated his occupation out of another residence in the same manner as is proposed for this property for 2 years in the same neighborhood. He purchased this property unaware that he could not continue as before simply because the garage was detached. The petitioner feels that the ordinance creates a hardship to him because he is not able to use his garage as numerous other home owners with a business simply because it is detached. The building is also already existing and is long enough to accommodate a limousine, whereas most attached garages are not long enough for such vehicles. --- Staff comments: The Board has granted a number of variances to allow detached garages to be used in connection with home occupations. Usually, they have been granted only when the nature of the business makes it impractical to use the house, and the activity to be conducted in the building will not ZBA Minutes • • October 11, 1990 Page 2 create a nuisance to the neighbors. The length of the vehicles used in this business is unique, and most attached garages would not work. Only storage of business vehicles will occur in the garage. Office related functions of this business such as paperwork and phone calls will take place in the house." There were no notices returned. One letter was received in support of the variance. Zoning Administrator Peter Barnes stated the home occupation ordinance allows different uses but not in detached garages. He said in the past the Board has granted and denied appeals usually based on the impact of the occupation on the neighborhood. Petitioner Robert Dillon said the previous owners had eleven vehicles on the premises but none of the neighbors were even aware of it because of the amount of storage at this address. He said he spoke to his neighbors and they were not aware that a limousine service was being operated at his home. Mr. Dillon said there are no signs advertising his company, no noise associated with it, no maintenance is done on site and the limos are always in the garage. There was no one present to speak for or against the variance. Boardmember Garber said he sees the hardship and repeated that other variances of this nature have been granted. He said he has no problem in granting this variance. Boardmember Lancaster agreed seeing no impact on the neighborhood. Boardmember Wilmarth made a motion to grant Appeal #1965 for the hardship stated. The motion was seconded by Boardmember Garber. Yeas: Garber, Lancaster, Wilmarth. Motion carried 3-0. Appeal #1966. Section 29-133 (5) by Al Nickerson, owner - 2823 W.Lake Street - Denied "--- The variance would reduce the required side qu yard setback along the east lot line from 5 feet to 1.5 feet for a 12 x 40 foot detached garage in the RL zone. The garage would house a 37 foot long recreational vehicle. --- Petitioner's statement of hardship: The petitioner desires to maintain as much distance as possible between the new building and the existing garage. Placing the building as far to the east as possible allows for better access in that the RV can be driven straight in and straight out. Other possible locations are not advisable because the size of the motor home requires considerable room for maneuverability. Staff comments: None." There were no notices or letters received. • ZBA Minutes October 11, 1990 Page 3 Peter Barnes showed slides of the property which pointed out that the house has an attached double car garage and a detached double car garage at the rear of the property. Petitioner Al Nickerson said he doesn't believe the garage will create an obstacle for any of the neighbors. He said he has a signed petition in favor of the variance request from all of his neighbors, but one and he is present to speak. Mr. Nickerson explained that his motor home is hard to maneuver and he needs straight access to the garage. He said he is concerned about hail on the motor home. Mr. Nickerson said if it were at all possible he would like to amend the appeal to reduce the south setback. Mr. Barnes said if he were to amend the appeal, neighbors would have to be renotified. Mr. Barnes explained that he had a call from a neighbor specifically questioning the south setback on this variance. Mr. Nickerson said rather than table the appeal, he would like a decision on the original request. Randy Balok, 2815 W. Lake, spoke in favor of the variance. Mr. Balok said he and Mr. Nickerson had agreed to move the lilac bushes onto Mr. Balok's property to provide screening. - Boardmember Garber noted that it is a large lot but feels the hardship is self imposed. He said he is reluctant to approve the variance because it is not their roll to change the intent of the code. He said although the current neighbors have no problem with the variance request, the future neighbors might. He stated he is opposed to the variance. Boardmember Lancaster agreed. He explained that as a Board they are required to find a hardship that is caused possibly by the lay of the land or existing conditions. He doesn't see any of these hardships existing. Mr. Lancaster felt having a four car garage is more than the norm and they already exist. Boardmember Wilmarth agreed. Boardmember Garber made a motion to deny the appeal because no hardship exists. The motion was seconded by Boardmember Wilmarth. Yeas: Garber, Lancaster, Wilmarth. Motion carried 3-0. Appeal #1967. Section 29-133 (3), 29-133 (4), 29-133 (5) by Tim Conine. contractor - 109 N. Washington "--- The variance would reduce the required front yard setback from 20 feet to 17 feet for a front porch addition to an existing single family home in the RL zone, and the street side setback along Bungalow Court from 15 feet to 5 feet for a second story addition to the house. The variance would also reduce the required rear setback from 15 feet to 5 feet for a new detached two -car garage to replace the existing one -car garage. --- Petitioner's statement of hardship: The existing garage is very old and in poor condition and is only 1.5 feet from the rear lot line. The petitioner would like to demolish it a build a new garage. The lot is very shallow and it is ►- ZBA Minutes October 11, 1990 Page 4 difficult to build a new one without a variance. A 2-story addition is planned for the house and in order to achieve a character similar to the neighborhood, a front porch is necessary. Since the existing house is only setback 20 feet, any porch addition will require a variance. The existing house is setback 0 feet from the property line along Bungalow Court and the plan is to increase the setback to 5 feet but build a second story. --- Staff comments: None." There were no notices or letters received. Peter Barnes passed out revised plans on this project that the petitioner had given him before the meeting. He explained that the new plan would require less variances than the previous request. Because of that, renotification to the adjacent property owners will not be necessary. Mr. Barnes said the request for a 20 foot front yard setback reduction to 17 feet is no longer needed. The 15 foot setback on Bungalow Court reduction to five feet is no longer needed. However, a side yard reduction from 15 feet to 13 feet on Bungalow Court will still be needed. The original request for a 5 foot setback for a detached two car garage will be changed to 10 feet because they have decided to attach the garage to the house. Boardmember Garber made a motion to accept the amended variance for consideration. The motion was seconded by Boardmember Wilmarth. Yeas: Garber, Lancaster, Wilmarth. Motion carried 3- 0. Peter Barnes continued to explain the variance request to the Board. He stated that the lot was 87 feet deep. Petitioner Tim Conine said they are trying to make major improve- ments to this house. Although there is room on the south side to add a garage, there are existing trees they are trying to keep intact and there are a lot of windows on the south side that help with the solar advantage. This leaves them no other choice. Boardmember Lancaster said the plan is nice and he believes there is a hardship. He has no problem with the variance. Boardmember Garber made a motion to approve the amended variance for the hardship stated. The motion was seconded by Boardmember Wilmarth. Yeas: Garber, Lancaster, Wilmarth. Nays: None. Motion carried 3-0. Appeal #1968. Section 29-238, 29-133 (4) by Don Richmond, archi- tect - 4118 Harbor Walk Drive - Approved "--- The variance would reduce the required rear yard setback along the north lot line from 15 feet to 5 feet for a new home in the RMP zone. The house will face west, so in r. • • ZBA Minutes October 11, 1990 Page 5 reality, the north lot line acts as a side lot line instead of the rear lot line. --- Petitioner's statement of hardship: The lot is a corner lot, wherein the narrowest of the 2 street frontages is along Maren Cove, and that is the front lot line by definition. The house, however, faces Harbor Walk Drive, the legal side yard. Trees were planted several years ago along the east lot line, and the lot when platted, was designed for the east lot line to be the rear, with the house looking to the west with a view of the lake and the mountains. --- Staff comments: This is a typical corner lot situation which the Board should be familiar with wherein the legal rear yard is in reality the side yard." No notices or letters were received. Petitioner Don Richmond said the property was acquired because of the established trees and the view. They hadn't anticipated any of the corner lot problems. They are also working with an architectural control committee and the current owner of the property who want to utilize the trees. Debra Benton, wife of Hank Lewandowski (contractor), said she showed the plans to the neighbors and they were very much in favor of the home. Boardmember Garber asked if it is a spec home. Mr. Richmond said yes. Mr. Garber said it is the standard corner lot variance. There are peculiar circumstances and he is in favor of the variance. Boardmember Wilmarth said the trees increase the hardship and she has no problem with the variance. Boardmember Lancaster said usually the house is already on the corner lot, but he felt there is definitely a hardship. Boardmember Wilmarth made a motion to grant the variance for the hardship stated. The motion was seconded by Boardmember Garber. Yeas: Garber, Lancaster, Wilmarth. The variance was granted 3-0. Other Business Council changed the number of Zoning Board members to seven regular members at their Tuesday, October 2, 1990 meeting. Second reading will be next Tuesday and then the vacancies will be filled. The meeting was adjourned. Respectfully submitted, Frank Lancaster, Acting Chairman Peter Barnes, Staff Liaison