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HomeMy WebLinkAboutminutes.boa.19980507BOARD OF ADJUSTMENT MAY 07, 1998 Rick Head opened the City Board of Adjustment meeting at 4:00 p.m. Jim Iglehart David Schott, Ron Erickson, Dan Martineau and Howard DeLuca were present. Charlie Paterson was excused. City Staff present were John Worcester, Sara Thomas and Jackie Lothian. MINUTES MOTION: Ron Erickson moved to approve the minutes from April 30, 1998. Dan Martineau second. APPROVED 6-0. PUBLIC HEARING: CASE #98-04 LIZ TALENFELD - 915 WEST FRANCIS Rick Head opened the public hearing and requested the posting. John Worcester, City Attorney stated the notice included the affidavit and list of mailing. Graeme Means, architect, for applicant, noted the on the agenda; it should read typo 5 foot rear yard setback not 15. He said that there were 10 letters of support for the project from the neighborhood and from the city engineer. He distributed photos of the property. Means said the street was a rather free form parking problem in this area and the use of the alley would solve some of the parking problems by utilizing the alley to enter the proposed garage. He stated that moving a tree and the neighbor moving a shed would allow the alley right-of-way to be accessed. Means noted the garage has been designed to have low impacts with a low roof including internal drains to alleviate snow shedding. There were many evergreen trees to shield the garage. He hoped the board would grant the variance. Mike Hoffman, attorney for Pamela Osherow, said her property was the adjacent to the proposed garage. He asked to table this request because the alley was grass, landscaped and did not extend past the condominium. Hoffman stated that Ms. Osherow had not been given the opportunity to comment on these improvements to the alley. He said there was no assurance the alley will be approved. Dan Martineau asked if Hoffman could guess the objections from his client. Hoffman stated he had not had the opportunity to review the vacation documents. He said Ms. Osherow’s bedroom window faced the alley. John Worcester stated the alley was a platted right-of-way with a request to re-open the alley. Sara Thomas provided a map from engineering showing the vacated 1 BOARD OF ADJUSTMENT MAY 07, 1998 alleys; this alley was not included in the vacated ones. Means stated the alley was a legal right-of-way. Martineau commented the variance before the board had nothing to do with the legalities of the right-of-way, it was a variance for a set back; if the alley never was improved then the variance would not be utilized. Kim Kaelin, neighbor to 900 block, stated there was a parking problem and the garage meant relieving a few cars, which would be an improvement. She said there was a duplex with too many renters. She said it was scheduled to be torn down next year, which would alleviate some of the parking problems in the area. Tony Petrocco, 910 Hallam, supported the variances and in 1973 the Sagewood was required to pave the alley, even though it was no longer paved. John Schumacher, 8th and Smuggler, stated the garage should be allowed to get some more cars off the street. Ron Erickson questioned removing the front curb cut and alley. Thomas replied there would no longer be access off of Hallam, only through the alley to the garage. Jim Stark said the city made it permitted parking in the area, but was not enforced. He said the evening Poppies parking caused snow plow problems. David Scott requested there be no deck on top of the garage. Howard DeLuca supported the need for the variance. MOTION: Ron Erickson moved to approve the request for a five foot rear yard setback variance, a four foot six inch east side yard setback and a site coverage variance of two and one-half per cent (2 %) at 915 West Francis ½ Street to allow for the construction of a two car garage with no deck of any kind allowed on the garage and the existing West Francis Street driveway curb cut be removed and replaced with the appropriate curbing or landscaping. Jim Iglehart second. APPROVED 6-0. PUBLIC HEARING: 2 BOARD OF ADJUSTMENT MAY 07, 1998 CASE #98-03 DON KRUMM - 105 EAST HALLAM, ALAN BUSH - 101 EAST HYMAN Rick Head opened the continued public hearing and asked Augie Reno, architect, to present the case. Reno stated the Bush’s intend to make this their home. The proposal included the existing renovation and added onto the historic house with an old storage building on the alley approximately one foot from the property line and extends onto the Krumm’s property. Reno utilized bluelines to illustrate the site and the proposed building renovation with the addition of 4 ½ feet. He said the storage building would be removed and rebuilt in the same location which had gone through HPC. Reno there would be a garage also built on the site. There would be improvements with the addition of windows. Sara Thomas explained HPC conceptually approved and will have final review next week. Ron Erickson asked what the hardship was and if there was any square footage added to the house. Reno said the hardship was the on site parking requirement and there would be an addition to the house. Head agreed with Erickson on the lack of hardship. Erickson said that buying a house on a 30’x40’ lot does not automatically cause a hardship. Jim Iglehart said there was a practical difficulty with the parking in the area with the Red Brick. He said that HPC was the deciding board for the re-development of historic buildings. Dan Martineau said the last case had similarities with this one regarding parking problems and a garage would not fit in any other place on the property. Howard DeLuca stated the structure will not look the same with the remodel, garage addition and re-building of the shed. Erickson said the problems were not the same with these two cases; each case was a separate entity and should be treated as such. He said to add a massive structure on a small lot to get a car off the street was not a hardship. He stated that he could not vote in favor of this variance. Head said it was an interesting use of a historical building and there were parking difficulties in the area. He felt comfortable with HPC reviewing the project and was in favor of granting the variance. Martineau noted this property did not have on site parking. DeLuca commented the plans show a deck on the top of the building that appeared to be in the setback. . Reno said the deck does not occur in the rear yard setback but there was a section 3 BOARD OF ADJUSTMENT MAY 07, 1998 of approximately 3’ on the east side yard setback. Reno said HPC did not have any problems with the way they were doing the project. Erickson asked how were they going to take down a building that was one size and put it back up 4’ larger. He said it was no longer historic. Reno said where the garage door was placed would account for some of the extra brick and the north side wall. DeLuca said the board could approve a minimum variance but not more. Bush said the neighbor across the alley encroached into the alley and that was the reason the garage had to be in the setback. Reno said the hardship had to do with the historic value of the house and was not a very big house at 3500 sf. The first motion was withdrawn to include the motion as it stands for clarity. MOTION: Dan Martineau moved to approve a four foot rear yard and a five foot side yard setback variance at both 101 East Hallam and 105 East Hallam to allow for the expansion of an existing shed by 4 1/2 feet to the west of the existing west wall of said shed, finding the review standards have been met. As a condition of this approval, no balcony or similar improvement shall be permitted within the east side yard setback. Jim Iglehart second. Roll call vote: DeLuca, yes; Erickson, no; Martineau, yes; Schott, yes; Jim Iglehart, yes; Head, Yes. APPROVED 5-1. Meeting adjourned at 5:20 p.m. Jackie Lothian, Deputy City Clerk 4 BOARD OF ADJUSTMENT MAY 07, 1998 MINUTES ................................ ................................ ................................ ................................ ............................. 1 CASE #98-04 LIZ TALENFELD - 915 WEST FRANCIS ................................ ................................ .................. 1 CASE #98-03 DON KRUMM - 105 EAST HALLAM, ................................ ................................ ....................... 3 ALAN BUSH - 101 EAST HYMAN ................................ ................................ ................................ .................... 3 5