HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 06/08/1989tifi i �:7iL•M
The regular meeting of the Zoning Board of Appeals was held an may, June
8, 1989 at 8:30 a.m. in the Council Chanmlers of the city of Fort Collins City Hall.
Roll call was answered by Boardme mbers Wilmarth, Iancaster, lawton, Buddleson,
nhede.
Staff present: Barnes, Zeigler, Eckman.
Minutes of the Regular Meeting
of May 11, 1989 and the Special Meeting of May 19, 1989
Approved as Published
Zhe minutes of the May 11, 1989 regular meeting and The May 19, 1989 special
meeti)g were unanimously approved.
Appeal #1921. Section 29-472(a), 29-472(b) by Jurnge, iieich, Magee architects, for
the GYomro. Inc., 401 W. Mulberry - Approved.
"—The variance would reduce the required side yard setback along the street side
of a corner lot (Mulberry) from 15 feet to 8 feet 4 inches for a canopy cover
to be built aver the entrance into the building. (The building itself complies
with the required setback). the variance would also allow the eave overhang
of the canopy to extend 2 feet 6 inches beyond the canopy columns, instead
of the 2 foot maximum allowed. nI building is an office building in the
RH zone.
—Petitioner's statement of hardship: nhe canopy will be built on to an existing
building. The building is already at the 15 foot minimum and can't be
moved back. A new building addition requires that the existing building
entrance be relocated. Since the new entrance will be on the north side, it is
desirable to have a cover for protection frm the weather, as well as create
an entry statement through this architectural element. The property line is
located 20 feet behind the curb, so the canopy will actually be located 28 feet
fun the street. This will be farther back then others located on streets
where the property line is much closer to the street. aierefore, the intent of
the code is certainly being net with this proposal.
Staff comments: This is very similar to carport variances which have been
granted by the Board in the past, wherein it was determined that since the
property line is so far from the street, the intent of the Code is met."
ZBA Minutes
Page 2
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Zoning Administrator Peter Barnes explained that the Planning and Zoning Board
approved an addition to this building in 1987. The proposed elevati.os of the
project have changed since then, but the planning staff has reviewed it and feels
the new revised elevations are better than the approved 1987 plan.
Petitioner Jim Reich spoke to the Board and said that the north entrance needs to
have protection from the weather.
Boardmember RxUleson asked if the entry was being kept because of the stairs.
Mr. Reidy said yes, it was. He said that the canopy was 30 feet E the flaw
line. Mr. Baines said that the canopy is 65 feet from the curb cut and 115 feet
from the intersection of mi berry and Meldrum. It will not cause a sight cbstrtuc-
tion.
Boardnmmber Utede's comments were that the entrance was riot near the parking
lot and asked haw, many people would actually be using it. Mr. Reich said
placement of the canopy was established by where the existing inside stairway is
located. He estimated 80% of the people will enter at the south entrance.
TYnerie was no one present to speak for or against the variance.
Boardmerber BU&Uesc n made a motion to approve the variance for the hardship
stated. The motion was seconded by Boardmenber Thede. Year: Wi1narth, Ian -
caster, Lawton, iiuddle_son, Thede. Nays: None.
Appeal #1922. Section 29-493(1) by David Moody, potential owner, 2030 S. 001-
leoe - Approved with ooditions
"—Jhhe variance would reduce the required 5 foot parking lot landscape strip
along the north and east lot lines to 0 feet, and along the south lot line to 3
feet to allow a change of use of the property from a fast-food use, "Taco
Jehus", to a retail eyewear store and optical clinic in the HB zone.
—PeUti aner's statement of hardship: mere is a 10 foot high carnets block
retaining wall along the north lot lute that belongs to the adjacent develop-
ment. Therefore, it is not practical to put landscaping in this area because it
would not grow well and would serve no screening pine. The Arthur
Ditch runs through this property and most of the width of the east lot line is
an access easement for the ditch company. Landscaping can't be placed along
the east lot line because it would block the aoce'.ss. The south lot line slopes
dramatically and the 3 foot landscape strip is already existing. The slope
would make it difficult to widen that. Toe petitioner will be putting in
additional landscaping to offset these requests and comply with as msh of
the code as possible. Since the property is already developed, there are
constraints to being able to comply 100%.
—Staff cammyts: If the Board decides to grant a variance, the Board should
consider conditioning the variance on the landscaping plan submitted."
ZBA Minutes
Page 3
Peter Barnes explained the existing Taco ichn's will be converted to a retail
eyewear store and optical. clinic. This constitutes a change of use. Although it is
a use by right, the ordinance says it must ooaply with zoning laws before a certi-
ficate of occupancy can be issued. The required 6% interior landscape will be
met. The petitioner is planning to work with the ousting landscaping and add
some additional in places.
David Moody said their hope is to create a better curb appeal but try not to
hanger access frzm College. They are dealing with a lot of topography chars
on the property. Cn one side they have lea maintenance grass which they plan
to keep and now it. They will not sprinkle this area. They will provide a drip
system for all the other shrubs. They will also be adding
and ramps.
There Was no one present to speak for or against the variance.
Boardeacber Tiede made a motion to approve the variance for the hardship
pleaded, conditioned on the plans submitted. The motion was seconded by Board-
mmber Wilmarth. Yeas: Wilmarth, Lancaster, Lawton, Biddleson, Theree. Nays:
None.
Appeal #1923. Section 29-178(2) by Port Collins HousiM Authority, 220 E. Stuart
- Approved with conditi.ans.
"--The variance would reduce the required lot width from 60 feet to 53.94 feet
for a duplex in the PSI zee. The building will be moved onto the lot from
another location.
—Petitioner's statement of hardship: The lot is undeveloped and had only 34.24
feet of Width. Tine petitioner has deeded 19.7 feet from the adjacent lot to
make the proposed lot 53.94 feet wide. No additional lam can be obtained
from the adjaarnt lot because their it would be less than 60 feet Wide also.
A variance was obtained for this lot on May 11, 1989 but it was for a single
fancily dwelling. The owner has decided they'd like to put a basement unit
under the building.
Staff cca mats: Nome"
There were no notices or letters received.
Mr. Barnes said this was the same variance that came to the Board last month and
was approved, but at that time it was approved for a single family dwelling and
now the request is for a duplex.
Jim Kline with the Fort Collins Housing Authority said that they always reed to
take advantage of opportunities to provide additional housing and they feel this is
an excellent opportunity to get two dwelli-tg units instead of one. Parking lot
will be installed to code and the trees will remain unharmed. For a single family
dwelling, one parking space is needed: a duplex would creed two spaces provided.
There was no one present to speak for or against the variance.
Boarctember Lawton said the variance appeared the same and he had no problem
in granting it. He made a motion to approve the variance for the hardship stated
with the condition that the trees remain and that the City Forester gets involved
so that there is no damage to the trees. The motion was seconded by Board matr
ber HxMescn. Yeas: Wilmatth, Lancaster, Lawton, Huddlescn, Tiede. Nays:
None.
Other Business
.m _ bers revia%led a letter written by BoarduEnber Lancaster to •.
Dave Etawds, the city planning departnent
regarding approval of illegal lats. All boardmbers approved the letter and
asked that it be sent.
Meeting was adjourned.
Frank Lancaster, (hairnan
Peter Barnes, Staff Liaison