HomeMy WebLinkAbout2/11/2021 - Zoning Board Of Appeals - Summary Agenda - Zba February Summary Agenda
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
FEBRUARY 11, 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/96306833298. 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 February 11, 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: 963 0683 3298.
(Continued on next page)
Zoning Board of Appeals Page 2 February 11, 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 ZBA200049
Address: 1050 Hobbit St
Owner: Landmark Housing, LLC
Petitioner: Lisa Croston
Zoning District: M-M-N
Code Section: 3.8.7.2(G) Table (G)(1)
Project Description:
This is a request for a variance to install a monument sign 10 feet from the adjacent residential zone.
The required setback is 75 feet.
2. APPEAL ZBA210001
Address: 1306 W Mountain Ave.
Owner: Brian and Barbara Berkhausen
Petitioner: Jeffrey Schneider
Zoning District: N-C-L
Code Section: 4.7(D)(6)
Project Description:
This is a request for a variance to construct a 656 square foot accessory building exceeding the
maximum allowed 600 square foot floor area by 56 square feet.
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 February 11, 2021
3. APPEAL ZBA210002
Address: 4218 S College Ave.
Owner: Francis Carrington
Petitioner: Apex Signs and Graphics
Zoning District: C-G
Code Section: 3.8.7.2(G) Table (G)(1)
Project Description:
This is a request for a variance to install a second freestanding sign along a drive-thru lane. The
maximum allowed is one.
4. APPEAL ZBA210003
Address: 126 S. Whitcomb St
Owner/Petitioner: Tara Gaffney-Berglund
Zoning District: N-C-M
Code Section: 4.8(E)(4) and 3.8.19(A)(6)
Project Description:
This a request for a 74 square foot addition to an existing 216 square foot garage to encroach 4 feet
+/- into the required 5 feet side setback, and the eave encroaching 2.5 feet into the required 2.5 feet
setback. This garage addition would continue the setback of the existing historic building.
5. APPEAL ZBA210004
Address: 211 Wood St
Owner/Petitioner: Robert Kennedy
Zoning District: N-C-M
Code Section: 4.8(D)(6), 4.8(F)(2)(b)(2)
Project Description:
This is a request for a variance to increase the maximum floor area of an accessory building from 600
square feet to 1056 square feet (+456 square feet), and to increase the maximum eave height from 10
feet to 11 feet 4 inches.
6. APPEAL ZBA210005
Address: 1981 Jessup Dr.
Owner: Jessup Farm Owners Association
Petitioner: Tony Campana
Zoning District: I
Code Section: 3.8.7.2(G) Table (G)(1)
Project Description:
This is a request for a variance to exceed the maximum sign area of a single sided secondary sign by
28.35 square feet. This property is located in the residential sign district and considered part of a
neighborhood service center which allows a secondary sign to be a maximum of 32 square feet. The
proposed sign area is 60.35 square feet.
• OTHER BUSINESS
• ADJOURNMENT
To whom it may concern,
The Fort Collins Design Overlay stipulates that our main entrance sign must be located further than 75’
from adjacent residential zoned properties even with a multi-family residential property.
Due to the unique geography of our property this is impossible to meet. We are asking that we be
allowed to place our sign within the 75’ buffer so that we have reasonable representation and can be
clearly distinguished from the neighboring Landmark Apartments at our main entrance on Hobbit Street.
We have gone through the concerns brought up at the last hearing and made some changes and
addressed the other concerns.
- We have been in contact with the Forester and we are including the Burr Oak in the indicated
location as discussed with Molly in Forestry and approved.
- Concern about the property being a part of Landmark (neighboring property): This is a separate
property and I have sent screen shots of the Larimer County Parcel Information to prove this.
- Sign size and height: The sign meets the sign code for multi-family signage in the City; we feel
this is an appropriate sign for this property’s identification as well. Lighting is halo and subtle
and will be much less obtrusive than even ground lights.
- Placing the sign at the W. Prospect Road entrance: That is not an entrance and is only to be used
as an emergency exit or for large moving trucks.
Thank you,
Todd Mros
Ramsay Signs
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
Site Benchmark:Project Benchmark:GENERAL NOTES:Project Description:IMPROVEMENT SURVEY PLAT CERTIFICATE:
Tara Gaffney
126 S. Whitcomb St
Fort Collins, CO 80521
City of Fort Collins
Zoning Department
218 N. College Ave
Fort Collins, CO
January 11, 2021
Statement Regarding 5’ Setback Variance Request for 126 S. Whitcomb St 80521
Please consider granting a variance for the 5’ setback requirement on a garage addition for 126
S. Whitcomb St for the following reasons:
Hardship – the property in question has no alley access to add garage space. I have already
been denied a request by the Landmark Commission to remove the existing garage, therefore the
option to increase garage space is limited to lengthening the existing structure.
Nominal, inconsequential – the addition simply adds six feet to the length of the existing
garage, with the width remaining the same. The existing garage is already less than one foot from
the property line, so the addition is inconsequential to the property and to the impact on the
bordering property.
Thank you,
Tara Gaffney
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.4250
preservation@fcgov.com
fcgov.com/historicpreservation
Historic Preservation Services
January 22, 2021
Noah Beals
Interim Development Review Manager
Community Development & Neighborhood Services
City of Fort Collins
Mr. Beals:
Based on the materials submitted by Ms. Tara Gaffney, owner of 126 S. Whitcomb Street, and
the decision regarding this property by the Landmark Preservation Commission on December 16,
2020, we are offering this letter of support for her variance request to the Zoning Board of
Appeals.
The property at 126 S. Whitcomb is a contributing historic property to the Whitcomb Street
Landmark District, designated by City Council in 2013. On August 19, 2020, Ms. Gaffney
requested a Certificate of Appropriateness (COA) from the City to demolish the existing c.1932
garage. While the 2013 Landmark nomination form for the district did not clarify the historic
status of accessory structures, in general, secondary structures built during a district’s period of
significance are considered historic as well and protected under Municipal Code. Based on that
finding, and the findings of a City-funded engineer’s report that outlined a stabilization and
repair plan for the structure, staff denied the request on August 25, 2020.
Ms Gaffney appealed the decision to the Landmark Preservation Commission (LPC), which first
heard the item at their October 21 regular meeting. At the meeting, the LPC voted to continue the
item until December based on the lack of clarity in the original 2013 nomination form. In the
intervening period, staff engaged an independent historian to survey all accessory features in the
district to confirm which were historic and which were not based on the significance of the
district as designated by Council. Regarding the 126 S. Whitcomb Street garage, the report
concluded that the property was historic. Primarily based on that finding, the LPC voted to deny
a COA to the applicant. In discussion after the motion was passed, the LPC acknowledged the
Land Use Code constraints considering the historic garage’s location but recommended pursuing
a variance for that option since it would be the least intrusive to the historic property, and most
consistent with the City’s adopted standards for City Landmarks, the U.S. Secretary of the
Interior’s Standards for the Treatment of Historic Properties (the Standards).
The materials submitted to your office on January 8, 2021 for a variance request to the setback
requirement are consistent with the discussion by the LPC on December 16, with the engineer’s
report, and are consistent with the Standards. For that reason, we are offering our support for the
request for a variance.
If you have questions, or need more information, please feel free to contact me. I will also plan
on attending the Zoning Board of Appeals meeting at which this is discussed to provide
information regarding historic preservation requirements related to this proposed project.
Sincerely,
Jim Bertolini
Historic Preservation Planner
jbertolini@fcgov.com.
Enc. May 27, 2020, Engineer’s Report on Garage at 126 S. Whitcomb (funded by City Design
Assistance Program).
Existing garage is 216 Sq Ft
12’4”W x 18’4”L x 12’H
The addition adds 6' to the
length (74 Sq Ft)
Application Request
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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.
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Petitioner or Petitioner’s Representative must be present at the meeting
Location /D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2
Date 6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP
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
211 Wood Street Robert Kennedy
Self
80521 211 Wood Street
Robert Kennedy
(970) 692-1663
robjk67@gmail.com
Capitol Hill
My reason for requesting a variance is to meet the “equally well or better than” proposal
requirement. I am permitted to develop 1,433 square feet of space on my property; however, per
the city code, I am only authorized to build two individual 600 square foot buildings. I am
requesting a variance to build a single building of 1,056 square feet because I feel this exceeds
the intent of the city code by being more aesthetic with less square footage and will match the
existing architecture of the original home We will match the roof pitch of the house at 9 in 12
1/10/21 Robert Kennedy
2. Equal to or better than
3. Nominal and inconsequential
Additional Justification
Written Statement
My intent for requesting a variance is to replace my existing garage because it needs to be
updated and is not large enough to fit my standard sized four-wheel drive pickup inside.
Additionally, my current garage does not meet the current city code for setback requirements.
In my opinion, it will be more cost effective to remove the current garage/shed on my property
and start fresh with a new building that upon completion will appear like it was designed and
built simultaneously with my home.
I am permitted to develop an additional 1,433 square feet of space on my property; however,
per the city code, I am only authorized to build two individual 600 square foot buildings. I am
requesting a variance to build a single building of 1,056 square feet. I feel that a single building
that will be designed to match the existing architecture of my house with a reasonable square
footage design will be more aesthetic and will exceed the “equally well or better than” proposal
requirement. We will match the roof pitch of the house at 9 in 12 pitch and will meet all
current setback requirements. The existing garage and shed will be removed from the property.
I also have a second request for a variance regarding the Land Use Code standard in a “nominal,
inconsequential way.” The city code allows for a 10 foot wall height that I would like to extend
to 11 feet 4 inches in order to accommodate a 10 foot high garage door which will allow access
of a standard 4-wheel drive truck with a rack if needed.
Jessup Farm Variance Request Reasoning:
Existing Freestanding Permanent Signs are in need of improvement for business tenants of “Jessup
Farm.” There are currently two signs on the property along Timberline. We propose removing one sign
completely and are asking the city for an additional 28.35 Sq. Ft of sign allowance for this new secondary
sign to include a code-conforming Electronic Message Center. This additional sign allowance is necessary
for the efficient operations of the widely varied businesses that call Jessup Farm home.
Thanks!
Kevin
proposed secondary signJessup Farm 27826 DESIGNER: Kevin BowesScale: 1" = 1'-0"60.35 Sq Ft total32 Sq Ft Allowed28.35 Sq Ft Requested VarianceGRADESIDE VIEWMONUMENT SIGN - South Side (front)Variance Request Reasoning:Existing Freestanding Permanent Signs are in need of improvement for business tenants of “Jessup Farm.” There are currently two signs on the property along Timberline. We propose removing one sign completely and are asking the city for an additional 28.35 Sq. Ft of sign allowance for this new secondary sign to include a code-conforming Electronic Message Center. This additional sign allowance is necessary for the efficientoperations of the widely varied businesses that call Jessup Farm home. 30" Deep Concrete FoundationStone 24" deepDirect BurialStone 24" deepDirect Burial8'-5 3/4"EMC & Letters turn off by 11pmEMC & Letters not to exceed 600 nitsof luminance. EMC is dimmable.2'-0"1'-7 3/4"4'-3 1/2"14'-5 3/4"Waterjet-Cut Corten SteelFabricated Top & Sides5'-11"Push Through White Acrylic LettersInternally Illuminated w/ 3000k LEDS77.75"(w) x 31.375" (h)Electronic Message Center (EMC)Full Color 36.4 Sq Ft23.83 Sq Ft
proposed secondary signJessup Farm 27826 DESIGNER: Kevin BowesScale: 1" = 1'-0"GRADESIDE VIEWMONUMENT SIGN - North Side (back)30" Deep Concrete FoundationStone 24" deepDirect BurialStone 24" deepDirect Burial8'-5 3/4"2'-0"1'-7 3/4"4'-3 1/2"14'-5 3/4"Waterjet-Cut Corten SteelFabricated Top & Sides5'-11"
proposed secondary signJessup Farm 27826 DESIGNER: Kevin BowesPROPOSED LOCATION OF NEW MONUMENT SIGNProposed Signage- Placed exactly where an old sign used to be located- Clear sight triangle for motorists- Visible & legible from major and atrial roadways, day and night- Enhances place making of the Farm and adjacent residential development- Assists in identifying the vehicle entrance on Blackbird Dr.- Built using same materials used throughout Jessup Farm- Electronic Message Center: - Allows for multiple businesses to be identified with minimum space - Compliments the flexibility and diversity of the Farm - Can be used to promote events, sales and seasonal identity - Meets city requirements (3.8.7(I) Illumination and 3.8.7(J) Message Centers
proposed secondary signJessup Farm 27826 DESIGNER: Kevin BowesNIGHT VIEW OF PROPOSED SIGNNIGHT VIEW OF PROPOSED SIGNLetters Light Up on Faces and ReturnsEMC & Letters turn off by 11pmEMC & Letters not to exceed 600 nits of luminanceEMC is dimmableEMC meets all city code
proposed secondary signJessup Farm 27826 DESIGNER: Kevin Bowes32'27'10'20'SITE LOCATION PLANSHOWING SETBACKSETBACK FROM RIGHT OF WAYSETBACK FROMPROPERTY LINEProposed New Monument SignEXISTING SIGNPROPOSED TO BE REMOVED
existing secondary signJessup Farm 27826 DESIGNER: Kevin BowesEXISTING MONUMENT SIGNPROPOSED TO BE REMOVED COMPLETELY
existing primary signJessup Farm 27826 DESIGNER: Kevin BowesExisting Primary Signage- Does not identify any businesses- Not legible from road- Not near vehicle entrances- Modifications to improve legibility here would only detract from the overall appeal of the property- Ultimately additional secondary signage is necessary for the operations of the shopping center and it's tenants.
proposed secondary signJessup Farm 27826 DESIGNER: Kevin BowesSITE LOCATION PLANSHOWING SETBACK200' Ø(100' radius)Location of signSign is 100' from closest residentialproperty lineper 3.8.7(J)(2)(b)