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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 03/09/2006FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting — March 9, 2006 8:30 a.m. Council Liaison: Kelly Ohlson Staff Liaison: Peter Barnes (221-6760) Chairperson: Dwight Hall I Phone: (H) 224-4029 A regular meeting of the Zoning Board of Appeals was held on Thursday, March 9, 2006 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 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: McBride made a motion to approve the minutes from the February 9, 2006. Miscio seconded the motion. The motion passed with Daggett & Dickson abstaining. 3. APPEAL NO 2541 - Approved Address: 517 Garfield Street Petitioner: Thomas & Tara Berglund Zone: NCM Section: 4.7(F)(5) Background: The variance would allow a new one -car wide driveway in the front yard with access from Garfield Street. The Code requires new off-street parking spaces to be accessed from the alley, with parking in the rear or side yard. ZBA March 9, 2006 — Page 2 Petitioner's Statement of Hardship: The alley behind their home is very narrow with a telephone pole and utility box in the alley restricting access to their property. The current garage in the rear and the drive from the back fence to the structure is too short to accommodate their SUV or truck. Additionally, Harris Elementary is across the street and has established a bus lane with no parking available during school hours. The school traffic is very heavy in front of their home with parents sometimes double parking to load and unload their children. It's become dangerous during those busy times to load/unload their three small children from the street. Staff Comments: Since all the other houses on the block have a front driveway and alley access, this request might be considered to be nominal and inconsequential when considered in the context of the neighborhood. Staff Presentation: Barnes presented slides relevant to the appeal. Zoning in the old town requires that any new parking access for a lot abutting an alley must come from the alley unless there's already an existing curb cut along the street. A few blocks do have properties that abut the alley and also have a curb cut on the street —as is the situation on Garfield Street. This property, however, is one of the few lots in the area that does not have a curb cut. A driveway must be 20 feet in length and be clear of the sidewalk and pedestrian sidewalk. The driveway proposed for this property will be between 20 and 30 feet from the sidewalk. Applicant Participation: In addition to the hardships noted in their application, Tara Berglund stated that their work schedules are not 8-5 and many times when running errands, parking cannot be found on the street in front of their home. Their street has a "vertical curb" and in addition to this variance request they have made application for a curb cut with the City's Engineering Department. Board Discussion: Miscio thought the variance could be justified using the nominal and inconsequential reasoning. Because there are many homes in the neighborhood with curb cuts, he believed that granting a variance would be in character with the neighborhood. Dickson agreed. Hall believed the school creates a unique situation. He also believed the safety of the family was an issue. Dickson made a motion to approve appeal number 2541 for the following reasons: the granting of a variance would not be detrimental to the public good and the proposal as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Many of their neighbors have curb cuts and driveways in the front and this request fits into the character of the neighborhood. Also, the driveway in the front will get their vehicles off the street and promote the safety of all involved. Miscio seconded. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Miscio, Pisula Nays: None ZBA March 9, 2006 — Page 3 4. APPEAL NO 2542 - Approved Address: 1220 University Avenue Petitioner: Father Don Willette Zone: CC Section: 3.2.4(D)(3) Background: The variance would allow the existing light fixtures that are on the recently installed parking lot light poles to remain, rather than be replaced with fixtures that have light sources which are concealed and fully shielded. Petitioner's Statement of Hardship: The light standards and fixtures were previously 500 feet north and west of their current location — having been donated by the Campus West Theater owner for this new location. The light standards and fixtures are similar to current City lights located on University Avenue Qust south of the parking lot) and provide lighting/improved safety for the individuals who use the center and the lot for access to the commercial area to the north and residential areas to the southwest. Staff Comments: The Board should determine whether or not the variance would be nominal and inconsequential as described in the applicant's letter. Staff Presentation: Barnes presented slides relevant to the appeal. He reviewed the section of the Land Use Code that regulates the physical effect of lighting in the surrounding neighborhood. The standards address foot candles, shielding and up -lighting. One of the requirements is the light sources should be concealed and fully shielded to eliminate glare on adjacent properties. The lens should be flat and recessed into the shield. Barnes read into the record a letter from Kathy Nicol, the owner of two properties immediately north of the parking lot, who supports the addition of the lights as they are today. Applicant Participation: Reverend Don Willette, pastor of Blessed John XXIII, noted the improved parking lot and the addition of parking lights are a part of the congregation's long term capital improvement plan. The church wanted to improve safety and to realign the parking lot. It's very dark without the lights and with church activities up to 10 p.m. they wanted to improve the safety of the individuals who use that lot. Also, the parking lot serves overflow parking for Moby Gym events, so the lighting also provided security to the general public. With the donation of the lights and volunteer labor, they were able to improve the safety of the neighborhood for a minimal amount —an amount that fits into the funds available for that purpose. Dickson asked if any foot candle measurements had been performed. Jim Wietz, 394 Adriel Hills, reported the measurement results. The results ranged from .4 to .8. The Board wondered if the lamps could be retrofitted with diffusion lens. Barnes clarified that the lights are so high they are not violating the lighting levels. The foot candle measurments are well under what is allowed. Rather the variance is needed because the current lights do not meet the Land Use Code requirement for shielding. Board Discussion: There was considerable Board discussion about the standard and about this particular property and request. Dickson noted that while the property was privately owned, it was actually accessed and beneficial to the general public. Miscio believed the reason was nominal and inconsequential since the foot candle measurements comply with the code, it helps the neighborhood and the ZBA March 9, 2006 — Page 4 public, and the fixtures are the same as the ones along University Avenue. Hall also liked that their placement was central on the lot, with no fixtures on the perimter, thereby having a minimal negative impact on residential neighbors. McBride made a motion to approve appeal number 2542 for the following reasons: the granting of a variance would not be detrimental to the public good and the proposal as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The lights were previously on the neighboring property (approximately 500 feet away at the Campus West Theater), they are similar to the street lights along University at the perimeter of the lot, and do not negatively impact the neighborhood. There is no substantial increase in glare, given the foot candles produced by the lights are in compliance with the code. The lights are on a timer and go off at 10 p.m. Miscio seconded. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Miscio, Pisula Nays: None 5. Other Business. The Board is invited to a breakfast scheduled April 12'h , 8:00 a.m. in the Council Office. The ZBA meeting will follow at 8:45 a.m. Barnes asked members to share information on their vacation plans for the summer months (June, July and August.) Note: Pisula will not be able to attend the June 8`h meeting. The meeting adjourned at 9:30 AM. wight Hall, Chairperson Peter Barnes, Zoning Administrator M:1C(� CAMPUS WEST Peter Barnes Planning and Zoning City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 RE: Appeal2542 Dear Peter, P.O. BOX 728 FT. COLLINS, CO 80522 (970)206-1030 FAX (970) 206-1117 March 2, 2006 I am writing in support of Fr. Don Willette's request for a zoning modification for his parking lot lights. As owner of two properties immediately north of John XXIII Catholic Church, I was delighted to see that they installed lights and re -surfaced their parking lot this summer. The lights are a great addition to the neighborhood, adding increased safety to this part of town. Although I realize that these lights do not conform to today's building standards, these lights had been installed previously at the Campus West Theater where they were more visible to the public. These lights are now installed in a parking lot surrounded by commercial properties and only fronts onto University Avenue, not a heavily -traveled street. Realizing that most churches operate on a "tight" budget, I think the variance should be granted. I commend Fr. Don and John XXIII for improving their parking lot and adding these lights. This is an asset to the entire area. Kathy Nic2 Broker and Cc:Fr. Don Willette Manager