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HomeMy WebLinkAboutRIVERSIDE SHOPPING CENTER (FARMERS BANK) - CL SITE PLAN REVIEW - 14-96 - DECISION - HEARING OFFICER DECISIONZoning Board of Appeals July 11, 1996 Page 2 Board member Shannon asked if the code is for aesthetic purposes. Barnes replied yes. He continued that there were two screening requirements put in the code, one being to screen rooftop mechanical units and the other to require trash dumpsters be enclosed with a solid enclosure. Joe Frye, Architect, appeared before the Board. He explained that he is working with the owners of Farmer's Bank to convert this building into a bank and to make it more aesthetically pleasing by changing the color and doing additional exterior alterations. Mr. Frye stated that he and the owners feel that adding an additional 2 feet to the existing parapet will make the building look taller and more boxy, as well as adding lateral force problems which would then require removing a portion of the roof and existing finishes. Shannon asked if a drawing were available? Barnes stated that it was included in Board member packets. Stockover questioned the new color of the building? Mr Frye replied that it would be the same color as the existing Albertson's building which is beige. Shannon stated that she did not see what the building would look like if the additional two feet were added. She questioned if that had been drawn? Mr. Frye replied to effectively screen that unit, the parapet would have to go up about two and half to three feet and that he had not done a drawing showing that. Breth asked if it would be possible to use a different heating unit? Mr. Frye stated that there is not enough room to go with two smaller units on that roof. Breth stated that he was having a difficult time finding the hardship. He continued that the code is clear as to what needs to be done. Shannon stated that she disagreed and that the hardship is that you will make an ordinary building an ugly building for the purpose of supposedly improving the looks. Gustafson stated that he does find a hardship in that Mr. Frye is working with an existing building and that there are structural issues that come into play which would significantly increase the costs. Stephen Slezak addressed the Board in favor of granting the appeal No one was present in opposition of the appeal. Gustafson moved to approve Appeal 2175 based on the hardship stated. Keating seconded the motion. Yeas: Shannon, Gustafson, Stockover, Breth, Felner, Keating, Lieser. Nays: None. The motion passed. Appeal 2176. 614 W. Magnolia St. by Mark Moses. Owner. approved. Section 29-119(3), 29-119(4) ZONING BOARD OF APPEALS REGULAR MEETING July 11, 1996 8:30 AM Council Liaison: Ann Azari IFStaff Liaison: Peter Barnes Chairperson: Martin Breth, Jr. 229-1629 (w) 226-5101(h) The regular meeting of the Zoning Board of Appeals was held on Thursday, July 11 1996, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Shannon, Gustafson, Stockover, Breth, Felner, Keating, Lieser. Members absent: None. Staff members present: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Jennifer Nuckols, Building & Zoning The meeting was called to order by Chairman Breth. The minutes were approved with corrections Appeal 2175 713 S. Lemay Avenue by Joe Frye Vaught Frye Architects approved Section 29-478(b) --- The variance would allow the use of the building to change from "Amigos Restaurant" to "Farmers Bank" without requiring that the existing rooftop mechanical equipment be totally screened from view. The existing parapet wall screens about 80% of the equipment. --- Petitioner's statement of hardship: To totally screen the equipment would require that the existing parapet wall be raised about another 2 feet. This would increase the snow drift potential within the screened area and create structural loading problems. Also, increasing the height would cause the building to architecturally look out of balance or proportion. --- Staff comments: None. Zoning Administrator Barnes showed slides of the existing Amigos Restaurant building and explained that it is being proposed to change that building to a bank. He showed the existing rooftop mechanical unit and he stated that the code section that deals with this instance is a fairly new section that was added effective March 1, 1996. It is a code that is applied City wide that requires rooftop mechanical units be screened from view. He further continued that the ordinance applies to existing buildings when the use of the building is proposed to be changed from one use to another, and before a Certificate of Occupancy can be issued the property needs to be brought up to current code compliance. D. The issuance of a new Certificate of Occupancy for the proposed change of use mandates that the proposed use comply with all Code requirements that are in effect at the time the Certificate of Occupancy is issued. Section 29-478(b) of the City Code states: "Roof -top mechanical equipment shall be screened from public view." Therefore, no Certificate of Occupancy will be issued until the parapet wall on the roof is extended vertically to fully screen all roof top mechanical equipment or a variance to Section 29-478(b) is granted by the Zoning Board of Appeals DIRECTOR OF PLANNING DATE C-L SITE PLAN (CHANGE OF USE) ADMINISTRATIVE REVIEW HEARING FARMERS BANK AT LOT A, RIVERSIDE SHOPPING CENTER SUBDIVISION PLANNING DEPARTMENT PROJECT #14-96 WHEREAS, the applicant, Farmers Bank, has duly followed the City procedure for the C-L Site Plan (Change of Use) Administrative Site Plan Review as outlined in Sections 29-343 and 29-521 of the City Code and has submitted their application for a C-L Site Plan for the following described property, to wit: Situate in the Northeast 1/4 of Section 13, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado; more particularly described as Lot A, Riverside Shopping Center Subdivision; and WHEREAS, the City Planning Department processed the application request in accordance with Section 29-513 including publication of legal notification in the local newspaper with daily, general circulation and giving written notice to the owners of record of all real property within five -hundred (500) feet of the property lines of the parcel of land for which the C-L Site Plan was submitted; and WHEREAS, the Director of Planning held a public hearing on Tuesday, July 2, 1996, at 2 p.m., in the Current Planning Department, 281 N. College Avenue, Fort Collins, Colorado for the purpose of reviewing the C-L Site Plan application and for the purpose of establishing'a vested right under Article 68 of Title 24, C.R.S. NOW, THEREFORE, IT IS HEREBY DETERMINED BY THE DIRECTOR OF PLANNING OF THE CITY OF FORT COLLINS THAT: The C-L Site Plan, known as Farmers Bank at Lot A, Riverside Shopping Center (#14- 96) is approved with a condition that no Certificate of Occupancy will be issued until: 1) the parapet wall on the roof is extended vertically to fully screen all roof top mechanical equipment; or 2) a variance to Section 29478(b) is granted by the Zoning Board of Appeals. As grounds, therefore, the following facts are found to be true: A. The proposed C-L Site Plan is a change of use from a fast-food restaurant with a single -lane drive-thru facility to a bank with a single -lane drive-thru facility. B. The proposed use, bank, is a permitted use in the C-L, Limited Commercial District. C. The proposed C-L Site Plan complies with Section 29-342, Landscape requirements, of the City Code as it conforms to requirements set forth in All -Development Criteria A-2.13 "Landscape" of Section 29-526, The Land Development Guidance System.