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Home My WebLink About4/8/2021 - Zoning Board Of Appeals - Summary Agenda - Zba Summary Agenda April 8, 2021 Hearing 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 APRIL 8, 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://fcgov.zoom.us/j/91544229705. 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 April 8, 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 kscheidenhelm@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: 915 4422 9705. (Continued on next page) Zoning Board of Appeals Page 2 April 8, 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 ZBA210010 Address: 119 N. Shields St. Owner/Petitioner: Julie Mote Zoning District: N-C-L Code Section: 4.7(D)(6) Project Description: This is a request to build a 792 square foot floor area accessory building which exceeds the 600 square feet allowed floor area by 192 square feet. 2. APPEAL ZBA200011 Address: 421 E. Laurel St. Owner: Patricia and Nick Quinn Petitioner: Kristin Zuro Zoning District: N-C-M Code Section: 4.8(D)(2)(a)(2) Project Description: This is a request for a variance for an addition to the primary structure to exceed the maximum allowable floor area of 3,246 square feet by 295 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 April 8, 2021 3. APPEAL ZBA210012 Address: 818 Maple St. Owner: Aniana Maria Petitioner: Jim Swanson Zoning District: N-C-M Code Section: 4.8 (D)(5); 4.8 (E)(6)(a) Project Description: This is a request to build an accessory building with habitable space. Two variances are needed 1) To exceed the maximum floor area of an accessory structure by 62.36 square feet when maximum allowable floor area is 600 square feet and 2) Exceed the maximum dormer width by 12.5 feet. • OTHER BUSINESS • ADJOURNMENT 1 Jennifer Luther From:Ralph Shields <rshields@bellisimoinc.com> Sent:Wednesday, February 10, 2021 5:09 PM To:Noah Beals Cc:Jennifer Luther Subject:[EXTERNAL] Re: Zoning Board of Appeals (January 2021) I agree with the recommendation. Thanks Ralph Shields 970.231.7665 From: Noah Beals <nbeals@fcgov.com> Sent: Wednesday, February 10, 2021 4:51 PM To: Ralph Shields <rshields@bellisimoinc.com> Cc: Jennifer Luther <jluther@fcgov.com> Subject: RE: Zoning Board of Appeals (January 2021) Hello Chair‐person Shields, Since May 2020 the ZBA has conducted a remote hearing. These remote hearings appear to have met the needs of the board members and the applicants. The concerns that prompted these remote meetings have not dissipated.  Health risks during a world‐wide pandemic  Difficulties in coordinating logistics for an in‐person meeting or hybrid of such It is staff recommendation to continue with a remote hearing for February – May 2021 meetings of the ZBA. Please respond to this email with your agreement with this recommendation or other suggestions for this hearing. Kind Regards, Noah Beals Senior City Planner-Zoning 970 416-2313 Tell us about our service, we want to know! 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 119 N. Shileds Street 80521 Julie G. Mote 970-599-3554 juliegmote@gmail.com I feel that the size of our lot, 13,954 SQ FT should allow for a larger than 600 SQ FT garage. With the proposed addition and proposed garage we will still have 10,130 SQ FT of open space. Your Loving Tax Payer, Julie and Blake Mote 3/8/2021 Julie G. Mote 3. Nominal and inconsequential Additional Justification Additional Justification 119 North Shields Street – Variance Application and Justification 1.) The size of our lot is exceptional and unique. We are required to have 70% open space. With a lot size of 13,954 SQ FT, including the proposed garage and addition, we are can provide 72% or 10,130 SQ FT. We are also required to have 30% max coverage by structures, we will have 28%. So, even though the actual size of the garage is larger than allowed we still follow the coverage guidelines. 2.) We believe the proposed garage, sized at 792 SQ FT, would be better than two structures. Per our zoning we could have a 600 SQ FT detached garage and an additional structure on the rear half of the property. We would like to have one slightly larger structure. 3.) The proposed garage diverges from the Land Use Code in a nominal and inconsequential way. It is only 192 SQ FT larger than allowed. -DRAWN BY--SHEET NO.--TITLE--DATE DRAWN--PLAN--REVISED-Phone | 303.910.2191 | email | info@thedesignstudiollc.com02/02/21TDS119 N. Shields StreetFort Collins, CO 80521SITE PLANAREA MAPVARIANCE IS NOT INCLUDING THECALCULATIONS FOR THIS FUTURE ADDITION ROOF FRAMING PLANFOUNDATION PLANJULIE & BLAKE MOTEFORT COLLINS, CO 80521119 SHIELDS STREETS4.1GARAGE PLANS,DETAILS, &GENERAL NOTESSTRUCTURAL ENGINEERS bldg.collective 2872 Bluff St Boulder, CO 80301 March 9, 2021 City of Fort Collins Zoning Department 281 N. College Avenue Fort Collins, CO 80524 Re: 421 E Laurel Street, Fort Collins, CO 80524 Dear Zoning Board of Appeals, I’m an architect writing on behalf of our clients, Nick and Patricia Quinn, the owners of 421 E Laurel St, to advocate for a variance based off of justification #1 hardship, # 2 nominal equally well or better than, and # 3 nominal, inconsequential way, respectively. We are requesting that the board consider a variance to allow us to use the sites maximum allowable square footage due to currently 520 sq. ft. of the existing sq. ft. is unusable and non-habitable space. We are asking to use 295 sq. ft. of that non-habitable space for the construction of a one-story addition in the back of the residence. The home is a 1900’s Nationally Historic Property and there is an existing 491 sq. ft. addition that was previously added in the back. This addition has four different finish floor levels and will be demolished. Bldg.collective has been hired to design an addition with a floor plan that is more compact and livable. Unfortunately, however, because of the way the allowable square footage is calculated on the second level, there is not enough remaining square footage to create a functionally livable addition. #1 Hardship We believe that the Division 4.8 code for allowable floor area presents an undue hardship for this property. The roof above the second level has a 12/12 pitch, but because of the historic nature of the home, it will not be altered. After reviewing the Fort Collins City code, we discovered that line D.2.b.1 significantly decreases the allowable square footage because total allowable floor area calculations include all the floor area under the roof, even the space that is not habitable. Code line D.2.b.1 is listed below: (b) For the purpose of calculating allowable floor area, one hundred (100) percent of the floor area of the following spaces and building elements shall be included: 1. The total floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet located within such accessory building located on the lot. Despite code D.2.b.1, Fort Collins code IRC 2018 Section R305.1.1 Ceiling Height, defines habitable space for sloped ceilings as having a ceiling height of at least 5 feet. R305.1 states: “Habitable space, hallways and portions of basements containing these spaces shall have a ceiling height of not less than 7 feet” “For rooms with sloped ceilings, the required floor area of the room shall have a ceiling height of not less than 5 feet and not less than 50 percent of the required floor area shall have a ceiling height of not less than 7 feet.” Using this definition of habitable space, Bldg.collective calculates that there is 520 sq. ft. of non- habitable space on the second level of 421 E Laurel St (see p.2 Non-habitable Space per IRC 2018 R305.1.1) that could be utilized to build an addition that fits the proportional nature of the existing historic house. We are requesting that the board consider a variance for only 295 sq. ft. of that total, which will be used to build a one-story addition in the back of the residence. No alterations will be done to the front of the residence. #2 Equally Well or Better Than We believe this 520 sq. ft. of unusable space which is currently counted toward the maximum allowable square footage would be better used if it was habitable square footage. Also by allowing a 295 sq. ft. addition it would allow for the 1900’s historic part of the home to not be remodeled or altered. #3 Nominal, Inconsequential Way Additionally, we believe that an addition in the back of the house will not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood. The new one-story addition will be more compact, and will have a less intrusive building footprint compared to that of the sprawling previous addition (see p. 3, Non- Habitable Space Demo + Proposed One Story Addition building footprint diagram). Because of the above mentioned factors, we respectfully request that the board grant this variance for 421 East Laurel Street. We thank you for your time and consideration in this matter. Sincerely, Kristin Zuro Architect bldg.collective kristin@bldgcollective.com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ubject Property Address: 818 Maple St Fort Collins, CO 80521 Re: Written Statement in Support of Variance Application Dear Members of the Zoning Board, We respectfully request your review and consideration of two (2) variance requests for the construction of an Accessory Building with Habitable Space. This building will serve as a garage on the first floor, with habitable space on the second floor. The two (2) requests are as follows: 1) Division 4.8 - Neighborhood Conservation, Medium Density District, (D) Land Use Standards, (5) Accessory Buildings With Habitable Space (or Potential Future Habitable Space). The code specifies, in part, that the building "...shall contain a maximum of six hundred (600) square feet of floor area. Floor area shall include all floor space within the ground floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7½) feet..." We are respectfully requesting a variance to the maximum square footage, in order to allow for a total of 662.38 square feet, or rather, an increase of just under 10.4%. This request is made on the basis that the divergence from the land use code is done so in a "nominal, inconsequential way when considered in the context of the neighborhood." The extra square footage is not due to increased building size, but rather it is the result of the dormer ceiling pitches creating a small area near the peak where the ceiling height would be slightly over seven and one-half (7½) feet. While it is possible to enclose this small area of ceiling with drywall in order to effectively reduce the ceiling height, there would be no benefit to doing so as it would only serve to detract from the aesthetic and general "open" feel of the space, and increase construction costs. This area would have minimal, if any, impact as it does not create any additional usable space beyond that provided for in the code, and it does not increase the footprint of the building. Additionally, other options such as reducing the pitch of the dormers below the proposed 4/12 could potentially lead to water intrusion issues. 1 2) Division 4.8 - Neighborhood Conservation, Medium Density District, (F) Development Standards, (2) Bulk and Massing, (B) Eave Height. The code specifies, in part, that "...the exterior eave height of an eave along a side lot line shall not exceed thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or an accessory building with habitable space. An eave of a dormer or similar architectural feature may exceed thirteen (13) feet if set back two (2) feet from the wall below and does not exceed twenty-five (25) percent of the wall length . The maximum eave height is measured at the minimum setback from an interior side-yard lot line and can be increased at a ratio of six (6) inches of additional building height for each one (1) foot of setback from the interior side property line." We are respectfully requesting a variance to allow for an eave height of 15 feet 8¾ inches, and to allow for the dormers to exceed 25% of the wall length without increasing the minimum setback from the side-yard lot line. This request is made on the basis that the divergence from the land use code is done so in a "nominal, inconsequential way when considered in the context of the neighborhood ." The additional dormer length will allow for maximized use of the habitable space, while also keeping the design of the building in line with the aesthetic of the neighborhood. Please note that the design does ensure that the dormers are set back two (2) feet from all sides. To allay any concerns regarding the distance between the proposed accessory building and the neighboring building on the east side, please note that the subject property currently has a storage shed on a slab foundation in the northeast corner of the lot (Exhibit A). This shed is 2' 6" from the side lot line, therefore if this request is approved, it would actually serve to increase the distance between the proposed accessory building and the side lot line, from what currently exists. Of note, the distance from the existing fence to the neighboring garage on the east property line is 10'. If this variance is granted, it would result in a minimum of 15' distance between buildings, whereas that distance is currently only 12' 6". The referenced garage belonging to the east-side neighboring building can be seen on the far right of Exhibit A. Shown in Exhibit B is the distance between the currently existing storage shed on the subject property and the east side-yard lot line. Also shown in Exhibit B is a currently existing utility pole located in the alley. If the propsed accessory building setback from the side-yard lot line was increased, this utility pole 2 would create a significant hardship for construction, if not making it entirely impossible. Listed below for your review and consideration in support of the request, are the exhibits. Exhibit A: Accessory building at 316 Wood St. Please note that if approved, this variance request would allow the proposed accessory building to line up directly with the neighboring accessory building at 316 Wood St, and to maintain a similar, if not lower, height. This building lent inspiration to the design of the proposed accessory building. Exhibit B: Two (2) additional pictures of the subject property lot. Exhibit C: Accessory building at 317 N Loomis Ave. Please note that the dormer length of on this building is similar to that of the proposed accessory building, except that the proposed accessory building has an additional 2' dormer setback when directly compared. This building lent inspiration to the design of the proposed accessory building. Your time and consideration are sincerely appreciated. 3 Exhibit A (below) 4 Exhibit B (below) 5 6 Exhibit C (below) 7 8