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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/13/2005/. /L ! x1 Y FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting — October 13, 2005 8:45 a.m. ICouncil Liaison: Kelly Ohlson IlStaff Liaison: Peter Barnes (221-6760) Chairperson: Dwight Hall Phone: (H) 224-4029 = =7d A regular meeting of the Zoning Board of Appeals was held on Thursday, October 13, 2005, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. BOARD MEMBERS PRESENT: Ron Daggett Alison Dickson Robert Donahue Dwight Hall Dana McBride Andy Miscio Jim Pisula BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Angelina Sanchez -Sprague, Staff Support for the Board 1. ROLL CALL The meeting was called to order and roll call was taken. 2. APPROVAL OF MINUTES: Donahue made a motion to approve the minutes from the August 11, 2005. Miscio seconded the motion. The motion passed. 3. APPEAL NO 2527 - Approved Address: 1001 W. Mountain Avenue Petitioner: Joe Geiman Zone: NCL Section: 4.6 (D) (1) Background: The variance would reduce the required lot area to floor area ratio from 3 to 1 to 2.31 to 1 in order to allow the existing 356 square foot one -car detached garage to be removed and replaced with a new 600 square foot two -car detached garage. (The current lot area to floor area ratio with the existing garage is 2.48 to 1, so the variance request would result in a change from 2.48 to 2.31). ZBA October 13, 2005 — Page 2 The new garage will be accessed from the alley, whereas the existing garage is accessed from the street. Petitioner's Statement of Hardship: The existing single bay garage needs to be removed due to its condition and the owners are requesting a 24' x 25' two bay garage. The new, larger garage will increase the degree of the existing nonconforming lot area to floor area ratio only a nominal amount. The owner would like to store both vehicles in the new garage and remove the existing garage. The existing garage is nonconforming with regards to the required rear and street side setbacks, and is accessed from the street instead of the alley. The current access from the street and the deficient driveway length behind the sidewalk results in vehicles obstructing the public sidewalk when they are parked in the driveway. The new garage will comply with all required setbacks and will be accessed from the alley. This will result in a safer and conforming structure, and vehicles will no longer be blocking the sidewalk. While the nonconforming lot area to floor area ratio is being made slightly more nonconforming, the existing nonconforming setback situation is being entirely corrected. Staff Comments: The proposed garage location and orientation would be an improvement with regards to existing setbacks and safety conditions. Staff Presentation: Barnes presented slides relevant to the appeal. The proposed garage near the corner of Mountain and Mack Street will have access from the alley. A tree will need to be removed to accommodate the change. Applicant Participation: Geiman stated the proposed garage will be improvement over the existing garage as relates to setbacks and safety (access from the alley.) The proposed garage is not a big building. It'll be at the corner of the lot with 8 to 10 feet of grass between sidewalk and road. It'll create safer conditions for everyone involved. Board Discussion: Dickson believed the proposed garage was an improvement over what is currently there. She believes the corner location and the setbacks would improve visibility from both streets. Miscio liked the setback from the alley creating more visual space there. With access from the alley it would reduce vehicle activity on the sidewalk. Barnes noted that in the past the Board has expressed the opinion that corner lots give the appearance of more space on the lot because of the parkway along the side street. Dickson suggested the appeal might be granted under the nominal and inconsequential rule. Miscio made a motion to approve appeal 2527 for the following reasons: not detrimental to the public good, and will not diverge from the standards of the Land Use Code except in a nominal and inconsequential way when considered in the context of the neighborhood. Further it will continue to advance the purposes of the Land Use Code. The placement of the proposed garage is an improvement over the placement of the existing garage. The setback requirement is satisfied and the additional space on the corner lot with alley will promote openness around it. Donahue offered a friendly amendment about the improved safety which Miscio accepted. Donahue seconded. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Miscio, Pisula Nays: None ZBA October 13, 2005 — Page 3 4. APPEAL NO 2528 - Approved with condition Address: 240 N. McKinley Avenue Petitioner: Steven Higgs Zone: NCL Section: 3.8.3(1) Background: The variance would allow a home occupation to be conducted in an existing detached garage. The business is wood -working related. There is not a garage that is attached to the home. This is the only garage and it is detached from the home and to the rear of the home. Hardship: If the garage were attached, there would be no need for a variance. This is the only garage on the property and the type of work is not such that can be done inside the living portion of the house. Staff Comments: The Board has granted numerous requests to allow the use of existing detached buildings for home occupation purposes for properties in the old town neighborhoods, especially when there is no attached garage that can be converted. The purpose of the standard to disallow the use of detached buildings is to prevent the proliferation of new detached buildings in residential neighborhoods. As long as the other requirements of the home occupation ordinance are satisfied, this proposal would probably satisfy the purpose of the standard equally well as would a plan that complies with the code since an attached garage could be converted to a home occupation use without a variance. Staff Presentation: Barnes presented slides relevant to the appeal. Variables to consider are there should not be offensive conditions such as noise, odor or dust and no one may work there that does not also live in the home. Applicant Participation: Higgs stated when he bought the home, the garage was already detached. It makes sense to use what's there for his wood working business. His neighbors have never expressed concerns about the noise as he works with the doors shut. He covers items he wants to protect such as freezers and bikes with plastic and uses a filter. He sells his products wholesale so no customers come to the residence. Board Discussion: Hall underscored that the only reason a variance is required is because the garage is detached. McBride had no problem granting a variance. Dickson believed it would meet the equal to or better than standard. Dickson made a motion to approve appeal number 2528 in that granting the variance would not be detrimental to the public good and will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested. The home occupation license would have been issued if the garage was attached. The motion to approve is conditioned on it can only be used for a wood working business and if the ownership changes, the new owner will need to come back with a variance request. Miscio seconded the motion. ZBA October 13, 2005 — Page 4 Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Miscio, Pisula Nays: None 5. Appeal NO. 2529 Approved Address 930 W. Mountain Avenue Petitioner Paul Schroer Zone NCL Section 4.6(D)(1), 4.6(E)(4) Background: The variance would reduce the required side yard setback along the west lot line from 5' to 3.5', and would reduce the required lot area to floor area ratio from 3 to 1 to 2.74 to 1 (the existing floor area ratio is 2.9 to 1, which is already less than the required 3 to 1). The variances are requested in order to allow the existing 128 square foot covered porch at the rear of the home to be removed and replaced with a 352 square foot, one-story addition in the same location. Petitioner's Statement of Hardship: The existing west wall of the home and the existing porch are already at a 3.5' setback, so the addition will not encroach any further into the required setback. The additional square footage that is being added to the building footprint is only a nominal amount of 224 square feet. Staff Comments: None. Staff Presentation: Barnes presented slides relevant to the appeal. In the proposal, the back porch will be replaced with a slightly larger addition —an additional 244 square feet. The appellant is asking for a 3.5 foot side yard variance that would allow the addition to be in line with the already non -conforming home built in the early 1900s. Applicant Participation: Paul Schroer of 39454 Rangeview Drive, Ault, CO is the contractor representing homeowners Marguerite & Bruce Wagner. The proposed addition will replace the current porch which is sinking and which covers the only access to the basement. They want to meet the following objectives: in a cost effective fashion they would like to increase the space slightly and provide a workable solution to their two foot wide basement access. They've checked with Karen McWilliams, the City's Historic Preservation Planner, who did not raise any red flags relative to historic integrity. Bruce Wagner of 930 W. Mountain came forward in support of the proposal when the Chair invited anyone in the audience either for or against the proposal to step forward. Board Discussion: The Board explored other structural design options that could allow for a 5 foot side yard setback with Schroer. Miscio commented the lot size is average for the neighborhood with 81 foot deep back yard and a 12 foot alley behind. It seemed like a big lot for the structure that's there. Hall believed the ratio was not an issue as much as the side yard setback would have an impact on the neighbor. The Board asked if they requested they move the addition over 1.5 feet if they would still build it. Mr. Wagner responded no —the space would not be large enough to accommodate their needs. The design is limited by windows at the far end and they need an area to address the ZBA October 13, 2005 — Page 5 basement access issue and provide a little more living space. Anything but the current proposal is not cost effective. Mr. Wagner said they have a good relationship with the impacted neighbor. In fact, there is space beyond the driveway where the addition will be that has lawn before you get to the neighbor's deck. McBride made a motion to approve appeal number 2529 in that granting the variance would not be detrimental to the public good for the reasons while the addition will increase the floor/lot ratio the side setback is nominal and inconsequential in its direct impact on the neighbor. The addition will be placed in an area that still allows open space between it and the neighbor's deck. The home is already nonconforming and is the same setback as the addition. By this change, a safety issue will be addressed —it alleviates an access problem to the basement of the house. Miscio seconded the motion. Vote: Yeas: Daggett, Dickson, McBride, Miscio, Pisula Nays: Donahue, Hall 6. Appeal NO. 2530 -- Approved with condition Address 821 W. Mountain Avenue Petitioner Berin Wachsmann Zone NCL Section 4.6(D)(1) Background: The variance would reduce the required lot area to floor area ratio from 3 to 1 to 2.63 to 1 in order to allow the existing, condemned home to be demolished and a new 2 story, 2,321 square foot home to be constructed in its place. The existing detached garage would remain. Petitioner's Statement of Hardship: The purpose of the lot area/floor area ratio is to regulate the bulk and mass of buildings on lots in this zone. The proposed two-story home satisfies the intent of the Code equally well as would an identical home that is 2 feet narrower and several feet taller. There are other 2 story homes in this same block, so the proposal is not out of character. Staff Comments: If it can be shown that the bulk and mass of the proposed home is similar to the bulk and mass of a home that complies with the code, then staff believes that this proposal would satisfy the purpose of the standard equally well as would a plan that complies with the standard. Staff Presentation: Barnes presented slides relevant to the appeal. Barnes read a letter from Steven & Susan Anciauz in support of the variance. The current home is condemned and needs to be removed. There is a garage at the rear of the property that will remain and is non -conforming. Applicant Participation: Berin Wachsmann of 1436 W. Oak is developing the property for an owner who currently resides in Georgia. In the materials he provided he showed two plans: one a 30 foot wide home with an 18 wall height --the volume of the exterior is 2754 square feet. The other plan is of a 28 foot wide home (with complying side yard setbacks) significantly taller with 2880 square foot volume. He stated that even staff agree the proposed two-story home satisfies the intent of the Code equally ZBA October 13, 2005 — Page 6 well as would an identical home that is 2 feet narrower and several feet taller. The owner would like to maximize his square footage —preferring the 30 foot wide home. The new owner would be open to either rehabilitating the current garage or replacing it with a garage of the same size that meets setback requirements. Board Discussion: The Board confirmed with Barnes that if the garage is replaced with the same size and located to comply with setbacks no variance would be required. Donahue believes there's hardship due to the narrowness of the lot. Barnes agreed this lot is narrower than most lots and narrower than current city lots. Hall believed it could be approved from an equal to or better than perspective. McBride made a motion to approve appeal number 2530 for the reasons it is not detrimental to the public good and the proposal as submitted will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard. It meets the purpose and intent of the Code as relates to massing and volume as demonstrated by plans submitted to the Board. The approval is contingent on the current garage being torn down and being rebuilt with the same size and in compliance with setbacks. Donahue seconded the motion. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Miscio, Pisula Nays: None 7. Other Business. Invitations to the Board & Commission Appreciation Event on Wednesday, November 9, 2005 will be in the mail today or tomorrow. The Board expressed concerns about the number of cases before them in the older neighborhoods related to floor to lot area ratio. They understand Council's intent in managing mass/volume in historic areas and believe it's been problematic in some neighborhoods. They asked if, with case history since its adoption, the Code could be revisited. Barnes reported that Code changes are done in the Spring & Fall. He'll work on some proposals and run them by the Board. The meeting adjourned at 11:05 a.m. Dwight Hall, Chairperson Peter Barnes, Zoning Administrator .�C/ij/y'G I,Jc•aJz(J � r ///-ttJ'�,�G-c // rlp/_ rfG JAL/i4/ E3 Ef= .� S :3� �d(� 5 �c1/r/''-/C/ /<tri%/J /G''/ s h �E ate k%6 1i41717 ///lc-? ZCl'KJ%,,t!ti GT ��L/k J19ri'�r 4,141 /�%�/ ti / % lC✓L/ /�/� /L�f l/l(i : AEU ILJ