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HomeMy WebLinkAboutKAUFMAN BARN, ADDING A STRUCTURE TO A PROPERTY WITH A NON-CONFORMING USE - 18-03 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes November 20, 2003 Page 16 Vice -Chairperson Gavaldon reworded his motion to continue the Kaufman Barn, Adding a Structure to a Property with a Non -Conforming Use, File #18-03, to December 4`h. In the meantime, staff and the Neighborhood Resources center should offer an invitation to the neighbors to attend a neighborhood meeting for affected parties. Member Schmidt seconded the motion. Member Craig stated that she wanted the item resolved and not turned into a bigger issue than it really is. She asked if a small discussion with the Godinez' and Ms. Kaufman would resolve anything. Planner Shepard replied that that was difficult to answer. He would prefer that the Neighborhood Resources office act as a third -party mediator. Planner Shepard added that he is already on record as approving the request because he believes it meets the listed criteria. Member Carpenter stated that she would vote for this just to have it done but she stated that she thought the Board was really going beyond their role. The Board is set up to make decisions when there are disputes. She stated that asking mediators to come in may be outside the purview of the Board. Member Meyer stated concern about the fact the Ms. Kaufman "played by the rules" and that she still is not being allowed to continue her project. Member Colton disagreed, stating that adversely impacting one neighbor is included in the "rules." The motion was approved 6-1, with Chairperson Torgerson voting in the negative. Project: Windsor/Johnstown Inter -Governmental - -. Agreement Project Description: This project deals with a revenue -sharing IGA havitfo with the Larimer County tax to het preserve open space. This request requires a modification of a Natural Areas Policy Plan which is a component of the Comprehensive Plan. Planning and Zoning Board Minutes November 20, 2003 Page 15 The motion failed 4-3 with members Gavaldon, Schmidt, Colton, and Craig voting in the negative. Vice -Chairperson Gavaldon moved to rescind the last vote. Member Colton seconded the motion. The motion was approved 7-0. Vice -Chairperson Gavaldon asked to what hearing date this would be continued. Director Gloss replied that the next hearing is December 41h. Based on the Code, we have to have a two week mailed notice for a neighborhood meeting, if we want to call it that. The notice period could likely be decrease for some kind of an informal meeting. Otherwise, the project would be pushed to January 15th. Member Schmidt stated that although a more conventional neighborhood meeting is a nice idea, it likely won't help anything in this situation. Perhaps a mediation discussion with neighborhood resources would be more helpful. Vice -Chairperson Gavaldon moved to continue the Kaufman Barn, Adding a Structure to a Property with a Non -Conforming Use, File #18-03, to December 4th. In the meantime, staff and the Neighborhood Resources center should hold a mediation session with Ms. Kaufman and any interested neighbors. Attorney Eckman asked if that must apply to all adjoining neighbors or just to the complaining neighbors. Member Schmidt stated that they are all invited. Attorney Eckman recommended that the Board not mandate a mediation session with anyone because it is not part of our procedure. Vice -Chairperson Gavaldon stated that all neighbors should be invited in order to meet the needs of the most people. Member Schmidt recommended that other neighbors come in case the mediation results in the barn being located where it may impact other neighbors. Attorney Eckman asked what should happen if the complaining neighbors refuse to participate. Planning and Zoning Board Minutes November 20, 2003 Page 14 Member Schmidt stated that the barn will act somewhat as a buffer because the horses will be on the other side of the barn. She stated that landscaping and installing trees will hopefully alleviate some of the problems. Member Colton stated that he would not support the motion at this time but would support a continuance to allow the neighbors to talk with staff to try to figure out a mutual placement of the barn. Member Meyer stated that she would rescind her motion if a neighborhood meeting were to be held, not just a meeting between the two parties. Chairperson Torgerson asked if Ms. Kaufman would rather the item be continued or voted upon tonight. Ms. Kaufman replied that it is a frustrating situation for her to go into winter with no shelter but she did not have a strong opinion either way. She stated that she did not believe more time would end up in any different result. Member Meyer stated that she thought the barn would be fine but told Ms. Kaufman that the Board may not approve the project which would force her to start the process again. With a continuance, she would not have to start the process again. Chairperson Torgerson asked what the process would be if she came in with a different site proposal. Director Gloss replied that she would have to come in which a whole new application and that it would be a short timeframe to have the item come to the December 4th hearing after a neighborhood meeting. Member Colton asked why a neighborhood meeting would be required as opposed to getting just the conflicting neighbors together. Member Meyer replied that she had a problem with Ms. Kaufman having to start all over and stated that Ms. Kaufman had the right to put the barn wherever as long as she met the setbacks and that views are not protected. Member Colton asked if the project was voted down, if it could then be continued. Attorney Eckman replied that the Board could rescind the original vote. Planning and Zoning Board Minutes November 20, 2003 Page 13 Ms. Kaufman replied that it is adjacent to the drive right to the left of the gate, not in the barn. Member Schmidt asked what Ms. Kaufman planned to do on the 5 feet between where the barn will be and the Godinez property line. Ms. Kaufman replied that the manure that is there is working to amend the soil to plant trees as screening, not as manure storage. Chairperson Torgerson asked for site shots of the property. Ms. Kaufman showed site shots of the property and the sheds that were removed. She stated that there is a 6-foot privacy fence between her property and the Godinez property. Member Craig asked about using the old footprint as a start for the new barn and therefore only impacting part of the Godinez' yard. Ms. Kaufman replied that the new barn will be wider so to bring it further south constricts the ability to get some type of vehicle around the house. Chairperson Torgerson asked about the side yard setback Code requirements. He stated that it is 5 feet in the RL zone district from interior side lot property lines. He asked if this would be considered an interior side lot given that it is the rear yard of the Godinez property. Planner Shepard replied that the front of the property is Prospect, the sides would be the east and west, and the rear would be the north. The interior side is a function of the lot being in between two others. Member Meyer moved for approval of Kaufman Bar, Adding a Structure to a Property with a Non -Conforming Use, File #18-03. Chairperson Torgerson seconded the motion. Member Schmidt asked if the number of horses would increase. Ms. Kaufman replied that the new barn, though larger in square footage, has two less stalls — 6 as opposed to 8. Vice -Chairperson Gavaldon stated that he would not support the motion based on it being a non -conforming use and a neighborhood meeting not being held. Planning and Zoning Board Minutes November 20, 2003 Page 12 Vice -Chairperson Gavaldon stated that smaller trucks are used for those situations and asked why the barn was not being built on the previous building envelope. Ms. Kaufman replied that the change in location of the barn was her decision and that PFA had informed her that if there was a fire back there, they would bring a truck in. Vice -Chairperson Gavaldon asked if Ms. Kaufman would be flexible in keeping the barn on the south end of the property. Ms. Kaufman replied that it was not practical for the property because it would not allow for a horseshoe -shaped turn -around for large trucks for hay delivery, etc. Vice -Chairperson Gavadlon asked what the difference in square footage would be between the old and new barns. Planner Shepard replied that it was about a 400 square foot increase. Vice -Chairperson Gavaldon asked if Ms. Kaufman had spoken with the Godinez' regarding their concerns. Ms. Kaufman replied that she was not aware of their concern until this evening and added that she has good relations with 8 of 9 of her neighbors. Vice -Chairperson Gavaldon stated that it makes good neighborhood relations to work with everyone and again asked why there was no neighborhood meeting. Ms. Kaufman stated that the Board has letters and petitions in support of the project from most of her other neighbors — she stated that she hoped that reflected her effort in reaching out to the neighbors who are willing to work with her. Vice -Chairperson Gavaldon stated that a neighborhood meeting should have been held. Planner Shepard stated that there is a 292 square foot difference between the old and new barn. Member Schmidt asked where the hay storage was on the facility. Planning and Zoning Board Minutes November 20, 2003 Page 11 Peg Hood, 1509 Village Lane, gave her testimony to the Board. She stated that she has both side and rear yard footage that backs up to the Kaufman property. She stated that she purchased her home in 1983 and that the Kaufman property has always been a horse property. She stated that the snakes and mice are part of the country feeling and that Ms. Kaufman has done an excellent job of improving the property. Tom Blaloch (sp?), 1505 Village Lane, gave his testimony to the Board. He stated that the property has had many improvements over the time Ms. Kaufman has owned it. He stated that he has no problem with the odor or snakes. Elizabeth Kaufman, applicant, gave her presentation. She stated that the location of the barn will preserve access in a horseshoe shape around the property to ensure that fire trucks will be able to access the residence. If the barn were moved further south, it eliminates the access on the west side of the property. She stated that this property is a non -conforming property as it has been a horse property since prior to its annexation and has remained so continuously since 1970. Likewise, sheep and chickens have also been on the property since then. It was also allowed for cattle and hogs but that use has been allowed to lapse since purchasing the property two years ago. Ms. Kaufman stated that she had not heard the complaints directly from the Godinez'. She stated that she composts manure and is in the process of planting trees around the perimeter of the property. Ms. Kaufman stated that her objective was to improve the property and that the barn will be attractive. She added that the barn could be 25 feet in height but that she was proposing 15 feet. Vice -Chairperson Gavaldon asked if a neighborhood meeting was held on the project. Planner Shepard replied that there was not. Vice -Chairperson Gavaldon asked if that should have happened since this is a non -conforming use. Planner Shepard replied that it was hard to say. Vice -Chairperson Gavaldon asked what PFA had said about the access. Ms. Kaufman replied that they did not require her to move the barn but that she had a personal concern that the truck be able to get around the property. Planning and Zoning Board Minutes November 20, 2003 Page 10 The motion was approved 6-1, with Vice -Chairperson Gavaldon voting in the negative. Project: Kaufman Barn, Adding a Structure to a Property with a Non -Conforming Use Project Description: Request to replace three existing dilapidated horse sheds with a new barn. The new barn would be 1,480 s.f. featuring six horse stalls. The property is located on 3.3 acres at 2304 West Prospect Road and is zoned RL, Low - Density Residential. Staff Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: City Planner Ted Shepard stated that this project was not discussed at worksession and he distributed some photographs of the site to the Board from a neighbor. Rosalie and Augustine Godinez, 1508 Ponderosa Drive, gave their testimony to the Board. She stated that the pictures were from her. Ms. Godinez stated that her concern lies with the location of the barn and its proximity to her home. She stated that her views and sunshine would be lost. She stated that the property owner has been dumping manure along her fence line in the past and asked what kind of upkeep would occur with the new barn. She stated that she was concerned about other animals, such as chicken and sheep, and the health department was called. Ms. Godinez stated that three sheds have been taken down and that the owner now wants to put up six sheds. Mr. Godinez stated that he would like to see the barn located where the sheds were torn down. Cruz Godinez, brother-in-law of the former speaker, gave his testimony to the Board. He stated concern about the flies and odor in the area as well as possibly mice if the barn were built. He stated that the barn could be located in another area on the property. Council Liaison: Karen Weitkunat Chairperson: Mika[ Torgerson Vice Chair: Jerry Gavaldon Staff Liaison: Cameron Gloss Phone: (W) 416-7435 Phone:(H) 484-2034 Chairperson Torgerson called the meeting to order at 6:33 p.m. Roll Call: Gavaldon, Meyer, Schmidt, Colton, Carpenter, Craig and Torgerson. Staff Present: Gloss, Eckman, Shepard, Olt, Jones, Virata, Stringer, Joy, Stanford, Reiff, Harridan, D. Moore, Stokes, Barnes, Deines, and Williams. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. #24-0213 Whitham Property, Overall Development Plan. (PULLED TO DISCUSSION — CRAIG) Discussion Agenda: 2. #18-03 Kaufman Barn, Adding a Structure to a Property with a Non - Conforming Use. (CONTINUED TO 12/4/03) 3. #29-01A Paradigm Properties, Overall Development Plan. (CONTINUED TO 12/4/03 per the applicant's request) Recommendation Item: The Planning and Zoning Board provides a recommendation to City Council on the following item: 4. Recommendation to City Council regarding the Fall 2003 Biannual Revisions, Clarifications, and Additions to the Land Use Code. The Planning and Zoning Board is the final authority on the following item: 5. #26-01 Redtail, Project Development Plan. Other Business: Changes to the Natural Areas Policy Plan in the Windsor/Timnath IGA City Planner Ted Shepard recommending dividing the Biannual Land Use Code Revisions into two parts, first discussing the Small Scale Events Center, then the remainder of the item. Member Craig asked to pull the Whitham Property, Overall Development Plan, #24-02B, to the discussion agenda.