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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 11/09/1989The regular meeting November 9, 1989 at 8: Collins City Hall. marth, Spight, Nelson, ZONING BOARD OF APPEALS MINUTES Regular Meeting November 9, 1989 of the Zoning Board of Appeals was held on Thursday, 30 a.m. in the council Chamber of the City of Fort Roll call was answered by Boardmembers Lancaster, Wil- and Huddleson. Boardmembers absent: Thede and Lawton Staff present: Barnes and Zeigler Minutes of the Regular Meeting of September 14, 1989, Approved as Published The minutes of the September 14, 1989 regular meeting were unanimously approved. Appeal #1936. Section 29-303 by Walter Huang, 1401 W. Elizabeth Street - Approved "---The variance would reduce the required side yard setback along the west lot line from 20 feet to 10 feet for an addition to the China Dragon restaurant in the BL zone. In this zone, the setback distance is required from a zoning district line. The west lot line is a zoning district line with BL east of the line, and BP west of the line. ---Petitioner's statement of hardship: The building already has a 10 foot roof overhang on the west side of the building. The addition will not be any closer to the property line than the existing roof. The addition is necessary for storage and additional kitchen area. Building the addition in another location on the property would result in eliminating parking spaces. Also the plumbing is along the west wall and this would be the best location for the addition to tie into existing plumbing. ---Staff comments: In almost all cases throughout the City, the BL zone is adjacent to residential zones. The intent of the 20 foot setback requirement is to provide a minimal setback between potential commercial uses and adjoining residential uses in order to mitigate land use impacts. In this case, the BL zoning district line abuts another busi- ness zone, not a residential zone; therefore, the setback requirement is really a moot point from a mitigation standpoint." No notices or letters were received. ZBA Minutes November 9, 1989 Page 2 Zoning Administrator Peter Barnes explained that usually the BL zone is adjacent to a residential zone and that is why it is the most restrictive zone. The twenty foot setback is meant to protect the residential areas and provide a barrier between the residential and commercial construction. In this case, it is next to the BP zone. The addition will still be ten foot from the property line and Mr. Barnes felt the intent of the code would still be met. Walter Huang, petitioner, stated the addition was necessary to relieve over crowding and provide better working conditions. There was no one else present to speak in favor or against the variance. Boardmember Nelson said he drove by the property and his only question was whether the trash receptacle would still be accessible. Mr. Huang said it would still be accessible. Other than that, Mr. Nelson felt there was no other viable option. Boardmember Huddleson asked if adequate fire access was being provided. Mr. Barnes thought it was adequate. Boardmember Nelson made a motion to approve the variance for the hardship stated. Boardmember Spight seconded the motion. Yeas: Spight, Lancaster, Wilmarth, Nelson and Huddleson. Nays: None. Motion carried unanimously. Appeal #1937. Section 29-178(2) by Ann Sanders, for the owner, 918 Sycamore Street - Approved "---The variance would reduce the required lot width from 60 feet to 55 feet for a new single family dwelling in the RM zone. ---Petitioner's statement of hardship: The lot has been existing in its present configuration for about 80 years. The potential owner would like to move an existing house on to the lot. The house will be very compatible with the existing homes. There is no additional land avail- able to buy. ---Staff comments: None" One notice was returned and no letters were received. Mr. Barnes explained this lot had been replatted about 80 years ago. Origi- nally, the lots were laid out east to west. When it was replatted, they took the land that was laid out north to south, which was not unusual to do at that time. Ann Sanders, a Realtor for Moore & Company, said she represented the owner of the property. She felt putting a house on this particular lot would be a better use than the existing weeds. ZBA Minutes November 9, 1989 Page 3 Charlie Snider, owner of the lot, said the house they are proposing to move onto the lot was built in approximately the same year as other houses in the area. His plan is to remove the old shed structure on the lot. The existing.trees on the lot will not be affected. All other setback require- ments will be met. Peter Barnes said the setbacks are as follows: Front setback should be 15 feet and they have 30 feet. Rear setback should be 15 feet and they have 32 feet. Side setback should be 5 feet and they have 18 feet on the east side and 15 feet on the west side. There was no one in the audience to speak for or against the variance. Boardmember Lancaster said the improvement is good and felt it is nice to see an older structure put to use, rather than build a new one. Boardmember Nelson said it is good land use. Boardmember Huddleson made a motion to approve the variance for the hardship stated. The motion was seconded by Boardmember Wilmarth. Yeas: Spight, Lancaster, Wilmarth, Nelson, Huddle - son. Appeal #1938. Section 29-493(1) by Steve Satler, owner, 185 N. College Ave- nue - Approved with conditions "---The variance would reduce the required landscaped parking lot setback along Laporte Avenue from 15 feet to 5 feet for a new restaurant in the BG zone. ---Petitioner's statement of hardship: The Engineering Department is requiring that the sidewalk be maintained all the way from the curb to the property line. Therefore there is no opportunity to put part of the landscaping in the right-of-way, which'is the normal occurrence for most new development. The property is going to be greatly upgraded, and landscaping will be added on the site beyond what the Code requires. Street trees will also be added in tree grates in the walk. All other parking setbacks will be met. ---Staff comments: None. " Petitioner Steve Satler said he owns the Sports Page bar and the Downtown Development owns Small Wonder garage. He wants to build a Ponderosa Steak Restaurant in there place. The barber shop,will remain. Peter Barnes said the walk is approximately 16 feet wide and.the City wants it to stay that width. They comply with all other zoning and building set- back requirements. 0 ZBA Minutes November 9, 1989 Page 4 Chip Steiner with the Downtown Development Authority spoke in favor of the variance. He said the DDA has worked hard to change the traditional subur- ban design of the Ponderosa Steak House to fit in with the downtown area. The restaurant franchise and owner have agreed to modifications so the res- taurant will blend in with design of the downtown area. Joe Frank from the city Planning office recommended that the Board approve the variance with the condition that a three foot high screen wall be built on the north side of the building with material matching the building or concrete congruent with other materials in the downtown area. Mr. Frank said this is a unique and extraordinary corner. The planning department has worked very hard with the owner and the DDA to improve this corner. Bill Young, who owns the barber shop next door, spoke in favor of the vari- ance. He said through the years, the corner has gotten increasingly worse. He hopes approval of the variance would lead to a change for the better. Mr. Satler said he has no problem putting the three foot wall on the north side. Boardmember Nelson said again he is seeing good land use. He thinks it is great and feels they are creating a pleasant environment on the corner of Laporte and College. Speaking for the entire Board, Boardmember Lancaster said they agree with Mr. Nelson. Boardmember Nelson made a motion to approve the variance with the condition that a three foot high screen wall be built on the north side of the build- ing with material matching the building or concrete congruent with other materials in the downtown area. The motion was seconded by Boardmember Hud- dleson. Motion carried 5-0. The meeting was adjourned. Respectfully submitted, Frank Lancaster, Chairman Peter Barnes, Staff Liaison