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HomeMy WebLinkAboutKAUFMAN BARN, ADDING A STRUCTURE TO A PROPERTY WITH A NON-CONFORMING USE - 18-03 - DECISION - MINUTES/NOTES (3)Planning and Zoning Board Minutes December 4, 2003 Page 9 Vice -Chairman Gavaldon stated that he appreciated the mediation efforts but that there was no willingness to work together as a team, no willingness to be open, compassionate and understanding. He stated that he would support the motion with great concern and reservation and stated that he hoped Ms. Kaufman would be a good neighbor. Member Schmidt stated that houses going on to the property would allow for a 15 foot setback rather than the 5 foot setback of a side yard. It is a very narrow distance between the barn and the Godinez' yard but part of the risk of buying property is that something may be built behind it. She praised Ms. Kaufman for improving the property and making it safer. Member Colton stated appreciation for the work done to the property but wished that on a 3.3 acre project, some more congenial resolution could have been established. As the Land Use Code allows the project, there is little grounds for denial. Chairman Torgerson stated that he will enthusiastically support the motion and apologized to Ms. Kaufman for all she had gone through. He stated the mediation was probably well beyond what the Board should have required. Just because housing begins to grow around rural uses, it is inappropriate for the Board to say that because someone developed a shallow lot adjacent to a horse property, we need to worry about their views. He wished Ms. Kaufman luck. The motion was approved 7-0. Lindenmeier Estates PUD, Final LDGS, 94A.. Project Description: -,Request for 12 single famil esidential lots on 6.107 acres. There w" a at least 7 lots with a econd dwelli it. The project is located on the a of North Lemay Avenue, north of i1ox Lahe,,and south of Lowell Lane. Zoning is LMN — LowbeQsity Mixed Use Neighborhood. Staff Rew6mendation: Approval Planning and Zoning Board Minutes December 4, 2003 Page 8 Vice -Chairman Gavaldon stated that if the neighborhood meeting had been done to begin with, a better product could have resulted. He stated concern about the impacts to surrounding areas. Planner Shepard replied that the criteria should be read in total. The criteria allow the Planning and Zoning Board to evaluate these items. City Attorney Paul Eckman replied that the opening paragraph states that this development should not adversely impact the surrounding properties. There are then criteria presented to use to determine if there is an adverse effect on surrounding properties. Criteria L has to do with whether or not the neighbors can still develop their properties in accordance with the Land Use Code. Criteria M is a more general approach to the law which is "health, safety, and welfare." He added that health and safety are more precise terms than welfare and that you would need some rational basis to conclude that the neighbor's welfare is being adversely affected. A rational basis would be one that could pass the "straight face test" and be believable. If the impact is such that the surrounding properties could not develop in accordance with the Land Use Code, then L becomes applicable. Member Schmidt asked if lowering of property values falls under welfare. Attorney Eckman replied that if there was some appraisal evidence, it may be considered. Vice -Chairman Gavaldon stated that it is on the burden of the owners to prove that their property value has been adversely affected. Member Meyer moved to approve Kaufman Barn, Adding a Structure to a Property with a Non -Conforming Use, File #18-03, citing the findings of fact and conclusions in the staff report. Member Carpenter seconded the motion. Member Craig stated that she would support the motion but was disappointed that the mediation did not go better than it did. The neighbors asking for 10 or 15 feet is not asking for too much considering that they will be adversely affected by this and that at the present time they are not affected by it. The concerned neighbors have a much smaller lot than any other neighbors. Given the criteria, this project cannot be denied. Member Craig stated disappointment with the fact that for no other reason than this is a better location, the neighbors are not being listened to. Planning and Zoning Board Minutes December 4, 2003 Page 7 Member Craig asked Ms. Kaufman about her reason for locating the barn where she did and if it did have something to do with her truck and trailer. Ms. Kaufman replied that she had mentioned that as a reason at the past meeting but that it really was not much of a reason in defense of the barn's location. Member Craig stated that non -conforming buildings are usually replaced close to the footprints of the old structures and asked why the barn was being moved from the old footprint. Ms. Kaufman replied that her primary goal is to make efficient use of the available space so that people can get around with the horses in larger spaces. Chairman Torgerson asked if it was true that the City encourages reconstructed non -conforming buildings to be on the same footprint. Planner Shepard replied that that criterion was not being used. The was no natural catastrophe causing the demolition of the old structures. This is an expansion or enlargement of a building on a property containing a non- conforming use. The building itself is not non -conforming. The property contains a non -conforming use and the barn is considered to be an enlargement and is within the 25% allowable. There is no requirement that the building be replaced on a per footprint basis. Vice -Chairman Gavaldon stated that he wanted to make it known that he did receive a phone call from Mrs. Godinez requesting information on process and procedures for Board operations. He stated that he did consult with her on that and asked her to confer with Cameron Gloss on some other issues. Vice -Chairman Gavaldon asked why staff feels that this barn will not hinder future development. He cited that there was no neighborhood meeting and that new people were bringing up concerns. Planner Shepard replied that this barn does not prevent any of the neighbors from fully developing their property in accordance with the Land Use Code. With respect to the neighborhood meeting, that is why the item was continued and the parties went into mediation. This is a far superior form of citizen input than a neighborhood meeting as it is professionally facilitated, at a smaller scale, and for a longer duration of time. The new materials were given to the Board as soon as they were received. Planning and Zoning Board Minutes December 4, 2003 Page 6 project will conform with the setback requirements, the project will not hinder future development of surrounding properties, and the project will not present a threat to the health, safety, or welfare of the City or its residents. Ms. Kaufman stated that her project is completely consistent with the criteria set forth in the Land Use Code. She added that while a view is a pleasant thing, the RL zone provides no view protection and does allow structures up to 28 feet high in exactly the location where this barn will be. Public Input Rose and Augustine Godinez, 1508 Ponderosa Drive, gave their testimony to the Board. Mrs. Godinez stated concern about the barn affecting their property and about health issues. She stated that horses are being trained on the property and an arena exists and she expressed concern over these uses increasing traffic. She stated that, according to animal control, one horse is allowed for every'/2 acre of pasture land. Mrs. Godinez presented the Board with some drawings and pictures of the site. She stated that the larger barn would lower the value of her property thousands of dollars and will totally block their backyard view. She stated concern about drainage from the barn into her yard. Public Input Closed Ms. Kaufman replied that there is no view protection in the RL zone district. She added that the riding arena is no where near the property in question and it does not increase traffic. She stated that the Godinez property is substantially uphill of the Kaufman site and that any drainage from the barn will run toward the catch pond on Prospect Road. She stated that there has always been a working space for horses on the east side pasture. Member Schmidt asked if the only people using the facility are the ones boarding horses on the facility. Ms. Kaufman replied that there is no for -fee training or lessons on the facility. Member Craig asked Planner Shepard where he came up with the 1,188 square foot measurement of the former sheds. Planner Shepard replied that was the total square footage of all the dilapidated sheds that were removed. Ms. Kaufman replied that the site plan was drawn in a hurry and that the 1,188 square foot number was correct. Planning and Zoning Board Minutes December 4, 2003 Page 5 Hearinq Testimony, Written Comments and Other Evidence: Chairman Torgerson offered the applicant, Elizabeth Kaufman, time to make a presentation, as this item was continued from the November 20, 2003 Planning and Zoning Board hearing. Vice -Chairman Gavaldon asked that City Planner Ted Shepard make a staff presentation. Planner Shepard gave the staff presentation, recommending approval. He stated that a mediation occurred November 24, 2003 between Elizabeth Kaufman and neighbors opposing the project. The mediation was facilitated by two members of the City of Fort Collins Neighborhood Resources Office staff. There was a failure to reach an agreement between the two parties. Planner Shepard cited information given to the Board from zoning administrator Peter Barnes regarding the length and legality of the non -conforming use on the property. Elizabeth Kaufman gave the applicant's presentation. She stated that the relevant section of the Land Use Code is 1.5.5(A) which talks about adding a structure to a non -conforming use. She noted that the non -conforming status of the property is not in question. The property was in a shambles when purchased in 2601. Ms. Kaufman stated that she has since put about $40,000 into cleaning up the property. She added that she would not be before the Board on this issue at all if the horses she intended to put in the barn were owned by her. She stated that the demolished sheds had a total square footage of 1,188 square feet and encroached onto the Miller property to her west. The replacement barn would be 1,480 square feet and would be consistent with all the RL zone setbacks and is well under the height restriction for the neighborhood, which is 28 feet. The barn does add square footage but it decreases the concentration of horses in the facility. There was previously an 8-stall capacity and the new barn will have a 6- stall capacity. Replacing a structure that houses a non -conforming use does not require neighborhood consensus. She stated her strong effort at having good relations with her neighbors but added that there was no requirement for her making these efforts. Ms. Kaufman discussed how her project meets the criteria in Section 1.5.5(A). She pointed out that the use shall not change as a result of the enlargement, that the enlargement shall not result in the conversion of a seasonal to a year-round operation, that the use shall not be expanded beyond the limits of the parcel, that additional traffic will not be a factor, that noise shall not be increased, there are no outdoor storage facilities, the project will not add more than 25% new floor area, the project will not exceed the height requirements of the zone district, the Planning and Zoning Board Minutes December 4, 2003 Page 4 official letter from Anheuser-Busch indicating protection of the lands zoned E- Employment, would be adequate. Member .aigasked if that would clarify the job -housing balance that is a concern. Planner Gloss replied that it would. Vice -Chairman Gavaldon oved to continue the Trailhead Annexation and Zoning, #43-02 to the Januar},15, 2004 Planr�rh' g and Zoning Board hearing. Member Meyer seconded the m The motion was approved 7-0. Vice -Chairman Gavaldon-Moved to continue the Paradigm Properties Overall Development Plan, #29-01A to the January 1 004 Planning and Zoning Board hea ' g. Member Sc idt seconded the motion. Thtion was approved 7-0. Q Project: Kaufman Barn, Adding a Structure to a Property with a Non -conforming Use, #18-03. Project Description: Request to replace three dilapidated horse sheds (previously demolished) 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 Planning and Zoning Board Minutes December 4, 2003 Page 2 Vice -Chairman Gavaldon pulled Item #6, 300 Smith Street Modification of Standards, from the consent agenda in order to allow a letter from a neighbor to be read into the record. Chairman Torgerson asked if anyone would object to placing Item #11, Lindenmeier Estates PUD, Final LDGS on the consent agenda. Vice -Chairman Gavaldon asked to leave Item #11 on the discussion agenda. Vice -Chairman Gavaldon moved for approval of Consent Items 1, 29 39 49 59 7 and 8. Member Colton seconded the motion. The motion was approved 7-0. Project: 300 Smith Street, Modification of Standards, #39-03 Description: Request to modify Section 3.5.2(D)(2) of e Land Use Code to reduce the require etbacl along the Olive Street frontage of property at 300 Smith Street from 15 fee o 12 feet. This request is in anticipatio of an upcoming development application redevelop the site at 300 Smith Street. T property is in the NCM — Neighborh9dd Conservation Medium Density zone djstrict. Staff Recommendation: ZStreet airman Gavaldon ask that the letter in apposition to the project be read record. nner Troy Jo es gave a brief presentation of the pr 'ect, recommending l. Planne ones paraphrased a letter received from a oncerned r. He ated that the neighbor does not agree with the re ons used by lic to justify the modification. The applicant stated the foil ing o provide more ample private yard on the south property line, pro additional shield from Riverside Drive traffic, and to push the gara s live Street further back so they are less visible from the street. Theletter arguesthat the yard space on the south should not be a valid argument for Council Liaison: Karen Weitkunat Chairperson: Mikal 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: Meyer, Schmidt, Colton Craig, Carpenter, Gavaldon and Torgerson. Staff Present: Gloss, Eckman, Shepard, Olt, Jones, Barkeen, Wamhoff, Virata, Stringer, Harridan, Williams. Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the October 30, 2003 Planning and Zoning Board Hearing. 2. Resolution PZ03-11, Easement Dedication. 3. Resolution PZ03-12, Easement Dedication. 4. Resolution PZ03-13, Easement Dedication. 5. Resolution PZ03-14, Easement Vacation. 6. #39-03 300 Smith Street, Modification of Standards. 7. #47-95D Longview Marketplace, Modification of Standards. Recommendation to City Council: 8. #33-98A Eastridge Rezoning. Discussion Agenda: 9. #18-03 Kaufman Barn, Adding a Structure to a Property with a Non - Conforming Use. 10.#29-01A Paradigm Properties, Overall Development Plan (CONTINUED TO JANUARY 15, 2004 PER STAFF). 11.#24-94A Lindenmeier Estates PUD, Final (LDGS). Recommendation to City Council: 12443-02 Trailhead, Annexation and Zoning (CONTINUED TO JANUARY 15, 2004 PER APPLICANT). Chairman Torgerson acknowledged the final meeting of Member Colton's term. Vice -Chairman Gavaldon, Member Craig, and Chairman Torgerson stated appreciation for Member Colton's service.