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Home My WebLink About1/14/2021 - Zoning Board Of Appeals - Summary Agenda - Zba Summary Agenda Jan 2021 Ralph Shields, Chair Shelley LaMastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Ross Cunniff Staff Liaison: Noah Beals LOCATION: Meeting will be held virtually The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING JANUARY 14, 2021 8:30 AM ZONING BOARD OF APPEALS AGENDA Participation for this remote Zoning Board of Appeals meeting will be available online or by phone. No one will be allowed to attend in person. Public Participation (Online): Individuals who wish to address the Zoning Board of Appeals via remote public participation can do so through Zoom at https://zoom.us/j/91696289403. Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 8:15 a.m. on January 14, 2021. Participants should try to sign in prior to 8:30 a.m. if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board or Commission. In order to participate: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. If you have any technical difficulties during the hearing, please email jluther@fcgov.com. Public Participation (Phone): If you do not have access to the internet, you can call into the hearing via phone. The number to dial is +1 346 248 7799 or +1 669 900 9128, with webinar ID: 916 9628 9403. (Continued on next page) Zoning Board of Appeals Page 2 January 14, 2021 • CALL TO ORDER and ROLL CALL • APPROVAL OF MINUTES FROM PREVIOUS MEETING • CITIZEN PARTICIPATION (Items Not on the Agenda) • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA200050 Address: 603 Bayberry Circle Owner: Mark and Shawn Grafitti Petitioner: Travis Grafitti Zoning District: R-L Code Section: 3.8.11(C)(1) & (2) Project Description: This is a request for a variance to install a 6 feet tall fence in the front yard. The allowed maximum height is 4 feet. 2. APPEAL ZBA200051 Address: 2006 Lindsey Ct. Owner/Petitioner: Brent Ulbert Zoning District: R-L Code Section: 4.4(D)(2)(d); 3.8.19(A)(6) Project Description: This is a request for a variance to allow a pergola to remain encroaching 0 feet within the 5-foot required side-yard setback. The columns are set back 2 feet and the eaves extend to the side property line. The meeting will be available beginning at 8:15 a.m. Please call in to the meeting prior to 8:30 a.m., if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted status. If you have any technical difficulties during the hearing, please email jluther@fcgov.com. Documents to Share: If residents wish to share a document or presentation, the Staff Liaison needs to receive those materials via email by 24 hours before the meeting. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments you may have to nbeals@fcgov.com. The Staff Liaison will ensure the Board or Commission receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. As required by City Council Ordinance 061, 2020, a determination has been made that holding an in-person hearing would not be prudent and that the matters to be heard are pressing and require prompt consideration. The written determination is contained in the agenda materials. Zoning Board of Appeals Page 3 January 14, 2021 3. APPEAL ZBA200052 Address: 232 Lyons St. Owner/Petitioner: Jason Jones Zoning District: N-C-L Code Section: 4.7(E)(3); 4.7(E)(4) Project Description: This is a request for two variances to build a garage encroaching 3 feet into the 5-foot required eastern side-yard setback and encroaching 2 feet into the 5-foot required rear-yard setback along an alley. 4. APPEAL ZBA200053 Address: 3038 S College Ave. Owner: GPM RE LLC Petitioner: Michael Skinner Zoning District: C-C Code Section: 3.8.7.2 Table (E); 3.8.7.2(A)(1) Table (A) Project Description: This is a request for 3 variances to the sign code:(1) Exceed the maximum percentage of 30% allowed per canopy face. 100% per side is being requested; (2) Exceed the one sign per canopy face. Requesting that 3 of the 4 sides (North, West, South) have 2 signs per face; (3) Exceed the overall allowed sign area of the site by 557 square feet. The maximum sign area allowed for this site is 275 square feet. 5. APPEAL ZBA200054 Address: 500 Albion Wy Owner/Petitioner: Talia Fox Zoning District: R-L Code Section: 4.4(D)(1) Project Description: This is a request to exceed the maximum floor area allowed on the lot by 80 square feet for an addition to the primary structure. • OTHER BUSINESS • ADJOURNMENT Application Request IRU9DULDQFHIURPWKH/DQG8VH&RGH The Zoning Board of Appeals has been granted the authority to approve variancesIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGwould not be detrimental to the public good$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQWLHQRWVHOILPSRVHG WKHSURSRVDOZLOOSURPRWHWKHJHQHUDOSXUSRVHRIWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHGequally well or better thanZRXOGDSURSRVDOZKLFKFRPSOLHVZLWKWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHG WKHSURSRVDOZLOOQRWGLYHUJHIURPWKH/DQG8VH&RGHVWDQGDUGVH[FHSWLQDnominal, inconsequential way ZKHQFRQVLGHUHGLQWKHFRQWH[WRIWKHQHLJKERUKRRG This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. +RZHYHUIRUJRRGFDXVHVKRZQE\WKHDSSOLFDQWWKH=RQLQJ%RDUGRI$SSHDOVPD\FRQVLGHUDRQHWLPHPRQWK H[WHQVLRQLIUHDVRQDEOHDQGQHFHVVDU\XQGHUWKHIDFWVDQGFLUFXPVWDQFHVRIWKHFDVH$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioner’s Representative must be present at the meeting Location/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date6HFRQG7KXUVGD\RIWKHPRQWK7LPHDP Variance Address Petitioner’s Name, if not the Owner City )RUW&ROOLQV&2Petitioner’s Relationship to the Owner is Zip Code Petitioner’s Address Owner’s Name Petitioner’s Phone # Code Section(s) Petitioner’s Email Zoning District Additional Representative’s Name Justification(s) Representative’s Address Justification(s) Representative’s Phone # Justification(s) Representative’s Email Reasoning Date ___________________________________ Signature __________________________________________ Updated 02.18.20 If not enough room, additional written information may be submitted 603 Bayberry Circle Mark Grafitti/Travis Grafitti Owner/son 80524 7048 Meadowbrook Lane Sedalia Mark and Shawn Grafitti 720-371-1987 3.8.11 grafitti56@gmail.com City of Fort Collins Travis Grafitti 603 Bayberry Circle 720-412-3901 travis.grafitti@gmail.com 1) All privacy yard fencing around the entire neighborhood is 6' cedar picket-style just as we intend to install in our yard. So, in the context of the neighborhood, we will not be diverging from Land Use Code. Please see the accompanying Word Document for additional justifications for this variance request. November 27, 2020 Mark Grafitti 3. Nominal and inconsequential 1. Hardship Additional Justification 603 Bayberry Circle, Fort Collins Mark, Shawn (owners) and Travis (resident) Grafitti Zoning Variance Application Additional Information 1) All privacy yard fencing around the entire neighborhood is 6' cedar picket-style just as we intend to install in our yard. So, in the context of the neighborhood, we will not be diverging from Land Use Code. 2) The view will not be significantly or inappropriately blocked at westbound Bayberry Circle/northbound Redwood Street because the short section that is going to be/is (pending engineering permit approval) 2 ft inboard of the sidewalk is only about 40 ft of fencing that is actually about 100 ft from the corner where westbound Bayberry traffic will stop to look south for approaching cross traffic. The majority of the fence around the corner at Bayberry and Redwood is about 15 ft inboard of the sidewalk all the way around the corner of the entire lot. 3) The overall house placement and design of this lot is quite unusual (exceptional situation unique to the property). The house sits, to the inch, tucked into the corner on easements to the south and east of the property lines. The driveway and the front door, obviously, are facing Bayberry circle; the sliding glass egress door to the back/side yard faces to the west and Redwood Street. These lot design features, along with the fact that this property is a corner lot, effectively eliminates what one might refer to as a “back yard”, and places the back yard – and any hopes of security and privacy to the SIDE YARD along Redwood Street and part of the corner at Bayberry Circle. Additionally, a vast majority of the fence design calls for the fence being at least 15 ft inboard of the sidewalks around the entire southeast corner because of utilities, including a manhole cover and vent/inspection pipes along Redwood Street and a fire hydrant along Bayberry Circle, despite this significant swath of property being owned, landscaped, and maintained by us. 1 Jennifer Luther From:Mark Grafitti <grafitti56@gmail.com> Sent:Friday, December 18, 2020 10:16 AM To:Jamie Kimberlin Cc:Ryan Boehle Subject:[EXTERNAL] Re: 603 Bayberry Circle We’ve relocated the 8 posts along the sidewalk to be in compliance with the 2ft requirement. 2 3 This photo shows a cut post adjacent to the sidewalk and the new location of the row. ‐Mark Grafitti Sent from my iPhone On Nov 30, 2020, at 8:19 AM, Jamie Kimberlin <jkimberlin@fcgov.com> wrote: Hi Mark, I cannot speak for the board of appeals what the outcome will be. A well‐thought out application and logical argument do help. I will give feedback as best I can once I review your materials. Jamie Kimberlin Senior Zoning Inspector Community Development & Neighborhood Services 281 N. College Ave., Fort Collins, CO 80524 jkimberlin@fcgov.com | 970.416.2401 *Development Review Center is opened in a limited capacity: Mon. – Thurs., 9AM to 4PM. Virtual Services are still recommended.* Tell us about our service, we want to know! Northern Colorado’s One Stop Shop for Business Recovery Resources 4 <image002.png> From: Mark Grafitti <grafitti56@gmail.com> Sent: Tuesday, November 24, 2020 4:26 PM To: Jamie Kimberlin <jkimberlin@fcgov.com> Cc: Ryan Boehle <rboehle@fcgov.com> Subject: [EXTERNAL] Re: 603 Bayberry Circle Understood. I’m getting the bid tonight to re‐dig the posts along the sidewalk. In describing to my wife the process that we’re following here, a question occurred to me...Is there a chance that I sink 32 posts in concrete ($1800), re‐dig 8 more ($500?), all on the assumption that I have a back yard that should be granted a 6’ variance, but this process somehow concludes that my back yard isn’t in the back enough for ordinance compliance ‐ which then results in y’all giving me permission to build a 4’ fence which does me no good at all for security and keeping a dog in? Can I get a kinda‐ish “looks like it’ll be ok when you get your paperwork in” so I don’t keep wasting money if my back yard is gonna be denied? ‐Mark Grafitti Sent from my iPhone On Nov 23, 2020, at 8:48 AM, Jamie Kimberlin <jkimberlin@fcgov.com> wrote: Good morning! The engineering fence permit is a separate approval from the land use code variance‐ the variance is still required for approval of the fence being over 4’ tall, but no more than 6’ tall if that is still your intention. The next application deadline is December 8th for January 14th hearing. If approved, work could immediately commence on the fence as a building permit is not required. Jamie Kimberlin Senior Zoning Inspector Community Development & Neighborhood Services 281 N. College Ave., Fort Collins, CO 80524 jkimberlin@fcgov.com | 970.416.2401 *Development Review Center is opened in a limited capacity: Mon. – Thurs., 9AM to 4PM. Virtual Services are still recommended.* Tell us about our service, we want to know! Northern Colorado’s One Stop Shop for Business Recovery Resources <image003.png> 5 From: Mark Grafitti <grafitti56@gmail.com> Sent: Saturday, November 21, 2020 1:42 PM To: Ryan Boehle <rboehle@fcgov.com> Cc: Jamie Kimberlin <jkimberlin@fcgov.com> Subject: [EXTERNAL] Re: 603 Bayberry Circle Is the fence permit going to be subject to what I understand as a variance hearing? ‐ the ones that get turned in on the second Thursday of the month and require a bunch of other documentation? I’m working on re‐placing the posts along the sidewalk, but that might take a little bit. I’m just trying to potentially expedite so I’m not fence building in 20 degrees in January or February. Can I theoretically turn in the permit before the posts are relocated? ‐Mark Grafitti Sent from my iPhone On Nov 19, 2020, at 3:51 PM, Ryan Boehle <rboehle@fcgov.com> wrote: Hi Mark, Here is a copy of that fence permit. Once the posts along the west side of your property have been moved back 2’ from the back of walk please send me a copy of the permit and we can sign it off. Feel free to contact me if you have any other questions. Thanks, Ryan Boehle Senior Construction Inspector ‐ Engineering City of Fort Collins Office:970‐416‐2906 Cell:970‐568‐6940 281 N. College Ave Fort Collins, CO 80522 rboehle@fcgov.com <image005.jpg> <image002.png> Please consider the environment before printing this e-mail. From: Engineering Mailbox <engineering@fcgov.com> Sent: Monday, November 16, 2020 10:33 AM To: Mark Grafitti <grafitti56@gmail.com> 6 Cc: Ryan Boehle <rboehle@fcgov.com> Subject: RE: [EXTERNAL] FW: 603 Bayberry Circle Good Morning Mark, Attached is a fence permit you will need to complete and return. Ryan‐ Can you give Mark a call to answer his questions? Thank you! Connie Kiehn City of Fort Collins, Engineering Department 281 N College Ave Ft. Collins, CO 80524 (970) 416‐2135 ckiehn@fcgov.com <image001.png> <image002.png> Please consider the environment before printing this e-mail. From: Mark Grafitti <grafitti56@gmail.com> Sent: Monday, November 16, 2020 10:22 AM To: Engineering Mailbox <engineering@fcgov.com> Subject: [EXTERNAL] FW: 603 Bayberry Circle Good morning. I am attempting to do all the right things to get a fence properly and lawfully installed at our property at 603 Bayberry Circle. I’ve understood from Jamie Kimberlin that I’m supposed to contact you guys in order to proceed; please see below. Can I actually speak to one of y’all so I can get my ducks in a row? I’ve filled out a zoning variance application, but I’m still not sure if I need to apply for an additional permit or what. 720‐371‐1987 Mark Grafitti – Property Owner Sent from Mail for Windows 10 From: Jamie Kimberlin Sent: Friday, November 13, 2020 11:11 AM To: Mark Grafitti; Shawn ICE Wife; travis.grafitti@gmail.com Subject: RE: 603 Bayberry Circle Good morning Mark, Thanks for responding so quickly. Attached is the email string from back in June. It looks like my colleague Meaghan specified the 2 foot requirement as well as height requirements for fences forward of the 7 front of the home. Please review the attached. We had also spoken about going through a variance to request approval for the fence height over 4’ ‐this process is still available to you, the next deadline being December 8th for January 14th hearing. Otherwise the fence will need to be re‐worked to comply with all current land use code standards. The statement you provided below with all of the reasons the fence has been located where it is would serve as justification for the variance you are seeking. It sounds like the variance would be asking for additional height in the front yard, and location closer than 2’ from sidewalk. I was incorrect back in June about the 6’ fence also needing a building permit‐ only fences over 6’ require this. However‐ if the board were to grant this approval, The City Engineering Department will also require review and an encroachment permit. Please contact engineering@fcgov.com for more info. The fence would also need to be designed to keep sight distance triangle in mind on Redwood Dr. Here are the variance guidelines and app again ‐ https://www.fcgov.com/cityclerk/pdf/zoning‐variance‐ guidelines.pdf?1582667393 If you choose to proceed, please collate all required materials and email to zoning@fcgov.com by 3pm December 8th. We will review for completeness and contact you for payment over the phone. App fee is $25 + .75 for each affected property owner within 150ft. <image003.png> Jamie Kimberlin Senior Zoning Inspector Community Development & Neighborhood Services 281 N. College Ave., Fort Collins, CO 80524 jkimberlin@fcgov.com | 970.416.2401 *Development Review Center is opened in a limited capacity: Mon. – Thurs., 9AM to 4PM. Virtual Services are still recommended.* Tell us about our service, we want to know! Northern Colorado’s One Stop Shop for Business Recovery Resources <image004.png> From: Mark Grafitti <grafitti56@gmail.com> Sent: Wednesday, November 11, 2020 10:34 AM To: Jamie Kimberlin <jkimberlin@fcgov.com>; Shawn ICE Wife <shawn.grafitti@gmail.com>; travis.grafitti@gmail.com Subject: [EXTERNAL] 603 Bayberry Circle Good morning. A while back, you responded to an email that my wife sent inquiring about fencing the yard at 603 Bayberry Circle in Fort Collins. At the time, we had questions about where we could place the fence on the south border of the property where there is a drainage 8 easement that the house butts up to (to the inch!). Your response was detailed and helpful and much appreciated. Since we did not end up placing the fence posts anywhere near the easement, and since we had the utilities located twice, we proceeded with our project. While the posts were being placed, a neighbor stopped by our house three times to complain that we are not in compliance with a fencing ordinance that requires the fence to be set off the sidewalk; there is a section of 8 posts that is around 40 feet long that we have placed along the sidewalk for a few reasons: 1) There is fencing all around the neighborhood that is along the sidewalks, including several hundred feet of privacy/yard cedar picket fencing that is identical to our design, right across the street from us. 2) We have a sewer line that runs a few feet inboard of the sidewalk that we are trying to stay away from. 3) There is a tree in the yard that is just a few more feet inboard from the sidewalk than the sewer line and the fence/sidewalk. And 4) There are electrical, gas, sewer, and communications lines running all around the corner and through the yard, some terminating in large boxes that sit in/on the easement to the south that have further limited our design. In summary, we did the best we could; we did not know about the fence/sidewalk placement issue; we are interested in and value following the rules so that our neighbors and the city of Fort Collins are OK with our property. Can you help me proceed? It seems now that we may need to apply for a permit(?). And I suppose within the constraints of that permit, we’d like to apply for a variance on the 8 posts that have already been placed next to the sidewalk. Thank you. ~Mark Grafitti 720‐371‐1987 Sent from Mail for Windows 10 <FencePermit.pdf> Application Request for Variance from the Land Use Code The Zoning Board of Appeals has been granted the authority to approve variances from the requirements of Articles 3 and 4 of the Land Use Code. The Zoning Board of Appeals shall not authorize any use in a zoning district other than those uses which are specifically permitted in the zoning district. The Board may grant variances where it finds that the modification of the standard would not be detrimental to the public good. Additionally, the variance request must meet at least one of the following justification reasons : (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, including, but not lim ited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirem ents would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-im posed); (2) the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; (3) the proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood. This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. However, for good cause shown by the applicant, the Zoning Board of Appeals may consider a one-time 6 month extension if reasonable and necessary under the facts and circumstances of the case. An extension request must be submitted before 6 months from the date that the variance was granted has lapsed. Petitioner or Petitioner’s Representative must be present at the meeting Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address Petitioner’s Name, if not the Owner City Fort Collins, CO Petitioner’s Relationship to the Owner is Zip Code Petitioner’s Address Owner’s Name Petitioner’s Phone # Code Section(s) Petitioner’s Email Zoning District Additional Representative’s Name Justification(s) Representative’s Address Justification(s) Representative’s Phone # Justification(s) Representative’s Email Reasoning Date ___________________________________ Signature __________________________________________ Updated 02.18.20 2006 Lindsey Ct Variance Details Ulbert Property To whom it may concern, Regarding code section 4.4 (D)(d), I believe my pergola fits in line with an existing deck and diverges from code in a nominal and inconsequential way. I purchased this home in 2011 and began immediate improvements on the property. My significant other, now wife, moved in with me shortly thereafter. We upgraded features throughout the home, as we had planned to live there for many years. In 2017 an incredible job opportunity in Colorado Springs presented itself and we have rented the home ever since. In the photos attached, you can see the pergola we built. It was built with the help of a friend, a civil engineer. We had several neighbors stop by during construction and comment on how beautiful it was, including our neighbor closest to the pergola. During our time there we chatted many times and she never had anything bad to say about the pergola. From the street, it is not difficult to see but does not dominate your view. We sized the pergola to match the deck which was on the house when we purchased it. From the looks of it, it was at least a decade old, probably more. It made sense to have the pergola cover the entire deck. At the time, we were unaware of any size restriction on a structure like this. It was our first home and we were excited to nest and make it our own. We maintain the deck and the pergola annually with clear stain. Our neighbor--directly to the north-- Matt and Kenley Skinner have written a letter in support of our pergola (attached). They have been in the neighborhood over a decade and share a fence with us. Overall, we believe the pergola adds to the aesthetics of the home and the neighborhood. It’s in our backyard and does not obstruct any views for our neighbors. It increases property value and is a good addition to the neighborhood. Thank you, Brent Ulbert Owner, 2006 Lindsey Ct brent@radonpds.com 970-692-9408 memo To: Whom it may concern From: Matthew H. Skinner CC: Brent Ulbert Date: November 13, 2020 Re: Brent’s Ulbert’s Pergola Comments: My name is Matthew H. Skinner and I own the property at 2013 Newcastle Ct. which is directly behind and to the north of Brent Ulbert’s property. My wife and I have a full view of the pergola from our patio area and believe that the pergola is a nice addition to the home and to the neighborhood. The pergola is made of good quality wood that is pleasant to look at and Mr. Ulbert performs yearly maintenance on the addition which keeps the pergola in good repair and looking nice. My wife and I do not have a problem with its size or location. Zoning Variance Request Property Owner: Jason Jones Property Address: 232 Lyons Street Fort Collins, CO 80521 To the Zoning Board Commission, I am writing this letter to formally request a Zoning Variance for my property at 232 Lyons Street in Fort Collins. The requested variance is described in the following paragraphs and is for the express purpose of constructing a detached garage on said property. Specifically, I am requesting a variance for the required 5’ setbacks on both the North and East property lines. Eastern Property Line: The garage structure that I would like to build has a depth of 22’, with an additional 1’ overhang for the roofline. If this structure is placed 5’ from the East property line, it will interfere with an existing concrete patio that was constructed by previous owners at 28’ from Eastern Property Boundary. As a result, I’d like to request that the required setback be allowed to be changed to 1’ from the East property line. If allowed to be constructed in this manner, the roofline of the garage would be 1’ from East Property Line, with the garage wall being placed 2’ from same boundary. This would, therefore, allow for a minimal space between the western wall of the proposed garage and the existing concrete patio. Northern Property Line: Along with the aforementioned depth of 22’, the intended structure would have a width of 20’, also with a 1’ roofline on each side. Separately, it needs to be noted that there is currently a Century Link Utility Pedestal located in the ally to the east of the Eastern Property Line. More specifically, this Utility Pedestal is located at a distance of 16’ from North Property Boundary (15’ from existing fence on same boundary). Although this pedestal is not technically located on my property, it does have the potential to interfere with the construction of the detached garage. That being said, if this detached garage was constructed in a location that would allow for the pedestal to line up with the center of garage door, it is my belief that the pedestal would not interfere with the function of the garage, i.e., driving vehicles in and out of garage. Following this logic, I am requesting that the required 5’ variance be reduced to 3’ from the north property line. Additionally, the pre-existing fence on the southern edge of the property was constructed more than 3’ inside of the actual property line, apparently done in order to accommodate large trees planted many years prior on said boundary. As a result, there has been the creation of an artificial “narrowness” of the property. By allowing for the garage to be placed 3’ from north property boundary, this would also allow for the preservation of what remains of the previously- reduced space on property (preserve additional backyard space). In considering the above variance request(s), it is my belief that they would NOT be detrimental to the public good and WOULD meet both the first and third reasons for justifications as outlined by the Zoning Board in the Zoning Variance Guidelines (see below). (1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed); (3) the proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood. Thank you for your consideration of this request, and I look forward to further discussion in the upcoming Zoning Board of Appeals Meeting. Respectfully, Jason Jones This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters Application Request IRU9DULDQFHIURPWKH/DQG8VH&RGH The Zoning Board of Appeals has been granted the authority to approve variancesIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGwould not be detrimental to the public good$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQWLHQRWVHOILPSRVHG WKHSURSRVDOZLOOSURPRWHWKHJHQHUDOSXUSRVHRIWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHGequally well or better thanZRXOGDSURSRVDOZKLFKFRPSOLHVZLWKWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHG WKHSURSRVDOZLOOQRWGLYHUJHIURPWKH/DQG8VH&RGHVWDQGDUGVH[FHSWLQDnominal, inconsequential way ZKHQFRQVLGHUHGLQWKHFRQWH[WRIWKHQHLJKERUKRRG This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. +RZHYHUIRUJRRGFDXVHVKRZQE\WKHDSSOLFDQWWKH=RQLQJ%RDUGRI$SSHDOVPD\FRQVLGHUDRQHWLPHPRQWK H[WHQVLRQLIUHDVRQDEOHDQGQHFHVVDU\XQGHUWKHIDFWVDQGFLUFXPVWDQFHVRIWKHFDVH$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioner’s Representative must be present at the meeting Location/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date6HFRQG7KXUVGD\RIWKHPRQWK7LPHDP Variance Address Petitioner’s Name, if not the Owner City )RUW&ROOLQV&2Petitioner’s Relationship to the Owner is Zip Code Petitioner’s Address Owner’s Name Petitioner’s Phone # Code Section(s) Petitioner’s Email Zoning District Additional Representative’s Name Justification(s) Representative’s Address Justification(s) Representative’s Phone # Justification(s) Representative’s Email Reasoning Date ___________________________________ Signature __________________________________________ Updated 02.18.20 If not enough room, additional written information may be submitted 500 Albion Way 80526 Talia Fox 4.4 D1 RL according to the zoning guidlines, I am allowed 100 Sq Ft at this point. I'd like to add 180 Sq Ft total in the form of a sun room at the back of the house. It would not be visible from the street and would be in an alcove area that would simply not go past where the house ends on either the back or the side . It would just square off a back alcove. A sun room would offer me an area to grow my many orchids and houseplants as well as an area to over winter my garden veggies. The extra 80 Sq Ft would be minimal and would not change the house in any significant way 11-16-2020 Talia Fox 3. Nominal and inconsequential Additional Justification Additional Justification