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Home My WebLink About10/14/2021 - Land Use Review Commission - AGENDA - Regular Meeting Ralph Shields, Chair Shelley LaMastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Shirley Peel 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 OCTOBER 14, 2021 8:30 AM LAND USE REVIEW COMMISSION AGENDA Participation for this remote Land Use Review Commission 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 Land Use Review Commission via remote public participation can do so through Zoom at https://fcgov.zoom.us/j/91722743262. 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 October 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: 917 2274 3262. (Continued on next page) Land Use Review Commission Page 2 October 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 ZBA210039 Address: 617 Cherry St Owner/Petitioner: Vincent and Kimberly Chimelis Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description: This is a request to enclose an exterior stair (cellar access) with a roofed structure that would encroach .92 feet (11 inches) in the required 5-foot alley side setback. 2. APPEAL ZBA210040 Address: 1401 W Lake St. Owner/Petitioner: Whitney Cranshaw Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: This is a request to build an accessory building (greenhouse) encroaching a total of 5 feet in the required 15-foot setback. 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. Land Use Review Commission Page 3 October 14, 2021 3. APPEAL ZBA210041 Address: 501 Edwards St. Owner: On Track Homes LLC Petitioner: Adam Jaspers Zoning District: N-C-M Code Section: 4.8(E)(4); 3.8.19(A)(6) Project Description: This is a request to encroach 8 feet 4 inches, and an additional 3 feet for the eave, into the required 16-foot west side-yard setback for a building with a wall height of 19 feet 1.25 inches. A variance request (ZBA210033) to encroach 5.8 feet into the side-yard setback for a wall height of 18 feet has previously been approved. 4. APPEAL ZBA210042 Address: 2533 Courtland Ct. Owner/Petitioner: Clay Bell Zoning District: R-L Code Section: 4.4(D)(2)(d); 3.8.19(A)(6) Project Description: This is a request for a carport to encroach 4 feet 11 inches into the required 5-foot side setback. The posts will be 1 foot from the property line and combination of eave and gutter is 11 inches and will not cross property line. • OTHER BUSINESS • ADJOURNMENT 1 Jennifer Luther From:Ralph Shields <rshields@bellisimoinc.com> Sent:Monday, August 30, 2021 12:34 AM To:Noah Beals Cc:Jennifer Luther Subject:[EXTERNAL] Re: Land Use Review Commission (LURC) formerly ZBA, Remote Hearings I agree with staff's recommendation on the matter. Thanks Ralph Shields 970.231.7665 From: Noah Beals <nbeals@fcgov.com> Sent: Thursday, August 26, 2021 9:18 AM To: Ralph Shields <rshields@bellisimoinc.com> Cc: Jennifer Luther <jluther@fcgov.com> Subject: RE: Land Use Review Commission (LURC) formerly ZBA, Remote Hearings Hello Chair‐person Shields, Since May 2020 the Land Use Review Commission (LURC) 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 are beginning dissipate but are not eliminated.  Health risks during a world‐wide pandemic  Vaccinations continuing to be administered  Difficulties in coordinating logistics for an in‐person meeting or hybrid of such It is staff recommendation to continue with a remote hearing for September through December 2021 meetings of the LURC. If conditions change sooner we can revaluate at any time. Please respond to this email with your agreement with this recommendation or other suggestions for these hearings. Kind Regards, Noah Beals Senior City Planner-Zoning | City of Fort Collins 970 416-2313 Ralph Shields, Chair Shelley La Mastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Shirley Peel Staff Liaison: Noah Beals LOCATION: Virtual Hearing 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 SEPTEMBER 9, 2021 8:30 AM • CALL TO ORDER and ROLL CALL All commission members were present. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Stockover made a motion, seconded by Shields to approve the August 12, 2021, Minutes. The motion was adopted unanimously with Meyer and Shuff abstaining. • CITIZEN PARTICIPATION: Kory Katsimpalis was introduced as a new member of the administrative team for The Land Use Review Commission. Aaron Guinn was introduced as a counsel liaison who will be filling in at next months’ hearing. • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA210034 –APPROVED with Condition Address: 1905 Navajo Dr. Owner/Petitioner: Diane Sparks and Robert Kerlee Zoning District: R-L Code Section: 3.8.11(C)(3) Project Description: This is a request to allow a fence in the side-yard setback to increase 2 feet in height above the allowable height maximum of 6 feet. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the property is located on a corner. The backyard rear property line is shared with the adjacent properties’ side property line. The request is to build two feet higher than what code allows from the corner of the existing fence to almost the rear property line of the adjacent house. The property has a deck which sits higher than the adjacent property and there is a clear view into the neighboring house. LAND USE REVIEW COMMISSION MEETING MINUTES Land Use Review Commission Page 2 August 12, 2021 Applicant Presentation: Applicants, Diane Sparks and Robert Kerlee, 1905 Navajo Dr, and Melissa Risley, 905 Cheyenne Dr addressed the board and agreed to have the hearing held remotely. The entire fence will not be 8 feet tall. It will go from 7 to 7.5 feet along with the slope of the lot. Some of the vegetation will need to be taken down due to weather. The current fence is 25 years old and needs to be replaced. They want to build a nicer fence as well as preserve the privacy. Vice Chair LaMastra noted that the application stated that the fence would not be visible from the public streets, however the photos appear to show that it would be visible. Mr Kerlee stated that the highest section of the fence will not be visible from the street. Chair Shields asked about the height of the existing fence. Mr Kerlee stated that it is about 7 feet tall. Mrs Sparks noted that the trees are Evergreen and would help to block the visibility of the fence year- round. Audience Participation: (none). Commission Discussion: Commission member Meyer thinks that this is a reasonable request and can see the need for it given the privacy issues. Vice Chair LaMastra agrees but wants to be certain that nothing beyond the front of the house exceeds 6 feet. Commission Member Lawton is also in support. He understands the significance of the rear -yard to side-yard issue and thinks the applicants have come up with a good solution. Vice Chair LaMastra made a motion, seconded by Meyer, to APPROVE WITH CONDITON ZBA210034 with the condition being that the additional height starts at the front wall of the primary structure and extends west, and finds that the granting of the modification will not be detrimental to the public good, and the general purpose o f the standard for which the modification request is being met for the following reasons: In the past vegetation has existed at similar height and location, The fence is perpendicular to the public right of way and will be less visible, therefore the request will not diverge from the Land Use Code except in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code contained in section 1.2.2 Yeas: Meyer, Lawton, Shields, McCoy, LaMastra, Stockover and Shuff. Nays: none. THE MOTION CARRIED; THE ITEM WAS APPROVED WITH CONDITION. 2. APPEAL ZBA210035 - APPROVED Address: 2902 Sykes Dr. Owner: East Ridge Holding LLC Petitioner: Patrick McMeeken. Zoning District: L-M-N Code Section: 3.5.2(E)(2) Project Description: This is a request for the single family detached home to encroach 1.83 feet into the required 15-foot street side setback (13.17 feet setback to the property line/public street right-of-way). Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting it is a corner property which has not yet been built. The property has a slight flare, being a little larger in the front. The builder wants to build in a way that will not quite meet the setback due to the shape of the parcel. The property would not abut an adjacent property as it abuts the street. Land Use Review Commission Page 3 August 12, 2021 Vice Chair LaMastra disclosed that the property owner is a current client of hers. She does not have any financial interest and does not have any personal bias. Council Havelda stated that LaMastra would not need to recuse herself. Commission member Shuff asked about the width of the property. Beals stated he believes it is close to 40 feet. Applicant Presentation: Applicant Patrick McMeekin, 4801 Goodman Rd, Timnath, addressed the board and agreed to the remote proceedings. Because of the unique geometry of the lot, the product does not fit. He does not believe that it will be detrimental. Chair LaMastra asked about the front yard setback and wondered if the house could shift a bit. Mr . McMeekin stated that he believed it could go up a few feet. She asked whether site triangles will be affected. The applicant answered that site triangles will not be affected. Audience Participation: (none) Commission Discussion: Commission member Shuff thinks this is a reasonable request, given that the side setback does not abut any neighbors . Commission member Lawton also agrees with this and will be in support. Commission Member Stockover mentioned that shifting the house forward would take away green space and thinks where it sits now would be preferable. Commission member Meyer agrees with Stockover that green space should not be sacrificed due the small size of the encroachment. Commission Member Stockover made a motion, seconded by Shuff to approve ZBA210035 for the following reasons: the granting of the modification as standard would not be detrimental to the public good and the proposal as submitted will not diverge from the standard except in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 with the following findings: the encroachment is not the entire length of the wall, The wall gradually encroaches into the setback, The encroachment does not abut another residential lot . Yeas: Meyer, Lawton, Shields, McCoy, LaMastra, Stockover and Shuff. Nays: None THE MOTION CARRIED, THE ITEM WAS APPROVED 3. APPEAL ZBA210036- APPROVED Address: 808 W Mountain Ave. Owner/Petitioner: James and Julie Lee Zoning District: N-C_L Code Section: 3.8.3(1) Project Description: This is a request to use a 10x12 foot storage shed to store materials related to the currently licensed home occupation. Home occupations are required to operate entirely within the dwelling and not a detached accessory building. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting what the code requires for Home Occupations. There is not a shed built yet. It would be located in the backyard. There is a fence that is set-in and the shed would be inside the fence. A Building permit would be required due to the proposed height of the shed, but that is not a part of this variance. Commission Member Meyer wanted to clarify that the shed would meet setbacks. Beals stated that it would since the existing fence is set back considerably from the rear property line. Land Use Review Commission Page 4 August 12, 2021 Chair Shields asked about a maximum size of the shed. Beals stated that the max allowed is 600 sf. He noted that there are multiple instances of different sizes of the shed within the packet. Commission Member Stockover asked about the nature of the business. Beals stated that the applicant would be able to answer. Commission member McCoy wanted clarification on the code for Home Business. Beals explained that houses with attached garages can store equipment within the garage as it is part of the primary building. In this case, there is no attached garage. Any storage space would happen outside of the attached dwelling, hence, the need for the variance. Commission member Lawton asked about making a stipulation about business being conducted out of the shed. Beals stated that the business licenses do not allow for retail sales. Applicant Presentation: Applicants James and Julie Lee, 808 W Mountain Ave, addressed the board and agreed to have the hearing held remotely. They clarified that the shed size is 10x12. They will be storing business supplies in the shed. There are no sales that take place on premise. The business is a window covering business. The applicants store products on a 2–3-week rotation. Commission member Stockover asked whether another variance would be needed if the applicants were to build a garage in the future. Beals explained that it is tied to the business and there would not be a need for another variance. Only if the house is sold or a different business is being conducted. Beals clarified that any portion of business run out of the home requires a Home Occupation License. Audience Participation: (none) Commission Discussion: Commission member Shuff thinks that this is fairly passive and will be in favor. Chair Shields agrees that it will fairly low impact and will be in favor. Commission member Meyer made a motion, seconded by Stockover to APPROVE ZBA210036 for the following reasons: the granting of the modification of standard would not be detrimental to the public good, the storage of the materials will help conceal the home occupation. If the primary structure included an attached garage or shed, it would be considered part of the dwelling. Therefore, the proposal as submitted will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. Yeas: Meyer, Lawton, Shields, McCoy, LaMastra, Stockover and Shuff Nays: none. THE MOTION CARRIED; THE ITEM WAS APPROVED. ** The applicant wanted to make a note that it would take 8-10 weeks to build the shed** 4. APPEAL ZBA210038- APPROVED Address: 4700 Lady Moon Dr Owner: Banner Health Petitioner: Juan Ramos Zoning District: H-C Code Section: 3.8.7.2(B) Project Description: This is a request to allow signage to be displayed on the north elevation of the building exceeding the overall height limit by an additional 4.5 feet for the logo and 2 feet for the letters. In the residential sign district, the max height allowed is 1.5 feet. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting a portion of the property is in the residential sign district. The sign would be placed in the area in the residential sign district. The request is to put a sign on the north side for better identification. The intent of the residential sign district is to limit the impact of signs to neighboring residences. Land Use Review Commission Page 5 August 12, 2021 Applicant Presentation: Applicants Juan Ramos, 4700 Lady Moon Dr and Kyle Majchrowski, 4700 Lady Moon Dr, addressed the board and agreed to have the appeal heard remotely. The proposed sign height is about 5 feet tall, not 7 feet. There is a similar sign already on the premises. The reason for the request is because recently built residential property to the east now obscures the existing sign. The growth of the hospital requires expansion of the building, and the existing sign would get removed anyway. The proposed change aligns with neighboring commercial properties. An 18-inch sign would not be adequately visible. Audience Participation: (none) Commission Discussion: Vice Chair LaMastra thinks this is very reasonable. Any emergency building should be clearly signed and easily located. Chair Shields thinks that this is a better location for the sign and would be in support . Commission Member Shuff made a motion, seconded by Meyer to APPROVE ZBA210038 for the following reasons: Under Section 2.10.4(H) the variance is not detrimental to the public good; the Medical Campus, which includes emergency medicine, requires patrons to be able to find their way on campus in a timely manner; The proposed signs do not face residential uses. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. Yeas: Stockover, Meyer, Lawton, Shields, McCoy, LaMastra and Shuff: none. THE MOTION CARRIED; THE ITEM WAS APPROVED • OTHER BUSINESS Beals stated that the commission will be meeting remotely for the rest of the year. Two commission members will be ending their terms at the end of the year. It was asked whether Hybrid meetings would be a possibility. Beals stated that this is being considered for the future and the city management would need to work through the needs of additional staff. Council Havelda requested that the Commission send her their preference of whether the members prefer remote meetings or in person meetings. • ADJOURNMENT – meeting adjourned at 9:51 AM Ralph Shields, Chair Noah Beals, Senior City Planner-Zoning Agenda Item 1 Item # 1 - Page 1 STAFF REPORT October 14, 2021 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA210039 PROJECT DESCRIPTION Address: 617 Cherry St. Owner/Petitioner: Vincent and Kimberly Chimelis Zoning District: N-C-M Code Section: 4.8(E)(4) Variance Request: This is a request to enclose an exterior stair (cellar access) with a roofed structure that would encroach .92 feet (11 inches) in the required 5-foot alley side setback. COMMENTS: 1. Background: The property was originally annexed and platted into the City in 1881 as part of the West Side Addition. Later in 1901 it was replatted as part of the Cotton Resub 273. The replat created two alleys that run north and south and lots interior to the block that face on Cherry Street and Maple Street. The primary structure was built in 1920. The staircase is existing. A below grade staircase is not required to meet the setback. Additionally, an open staircase is permitted to encroach 2 feet into a side setback. The Setback is required for the proposed enclosure that will be above grade. The encroachment is on the side of the property that faces the alley. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good • The staircase location is existing • The encroachment occurs along the alley behind a fence • Similar sized architectural features are permitted to encroach Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the L and Use Code contained in Section 1.2.2 4. Recommendation: Staff recommends approval of APPEAL ZBA210039. Agenda Item 2 Item # 2 - Page 1 STAFF REPORT October 14, 2021 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA210040 PROJECT DESCRIPTION Address: 1401 W Lake St. Owner/Petitioner: Whitney Cranshaw and Susan Ballou Zoning District: R-L Code Section: 4.4(D)(2)(c) Variance Request: This is a request to build an accessory building (greenhouse) encroaching a total of 5 feet in the required 15 -foot setback. COMMENTS: 1. Background: This property was annexed into the City in 1961 as part of the Fairview Fourth annexation. It received development approval as single dwelling unit in 1963. The original structure was constructed a year later. The property abutting to the east is a single residential dwelling unit. It fronts onto Prospect Road. The property line shared by the two properties have different setback requirements. The subject property is required a 15 rear-yard setback and the property to the east is required a 5 side-yard setback. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good. • The abutting neighbor is required a 5-foot side-yard setback from the share property line. • The accessory structure is used for gardening purposes. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 4. Recommendation: Staff recommends approval of APPEAL ZBA210040. 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 1401 West Lake Street 80521 1400 West Lake Street Whitney Cranshaw 970-493-7550 3.8.1 (7)bugbooksdirect@yahoo.com Avery Park Low density residentia This is a request to allow a 10-ft set back from the back property line to locate an 18-ft diameter grow dome/greenhouse for private use. Because of the shape of the property the existing residence partially shades the greenhouse but this can be largely mitigated by the 5-ft shift in location. The area beyond the property line is an area of grassy field and and shrubby trees, with a gazebo located about 75-ft from the property line. September 2, 2021 Whitney Cranshaw 1. Hardship 3. Nominal and inconsequential Additional Justification September 2, 2021 TO: City of Fort Collins Zoning Board FROM: Whitney Cranshaw RE: Request for variance to 10-ft set-back from back property line for accessory building I wish to build an 18-ft diameter grow dome/greenhouse in the NE corner of 1401 West Lake Street. This will be a private greenhouse that I will use for growing produce and for professional studies I wish to continue in retirement related to horticulture and entomology. In the enclosure #3 is a map of the property showing where I hope we can locate this structure. The map is an old one of the property (2004), provided by your office to me, but the structures on the property shown remain the same. The site is partially shaded by the existing residence located on the property and this variance is being requested since the shading of the greenhouse will be substantially greater with the 15-ft set-back. The property behind the back fence line is an area bordered by an irrigation ditch that includes a small grassy field and shrubby trees. Approximately 75 feet from the property line is a gazebo that is used infrequently by the owner of the adjacent property, a church. An existing fence and trees between the gazebo and the proposed structure would largely, if not completely, prevent viewing of the greenhouse from the occasionally used gazebo structure. It is offered that this proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood and that the variance will help mitigate a hardship (shading by the existing residence). Thank you for considering this request. Whitney Cranshaw (owner with Sue Ballou) Home phone (landline): 970-493-7550 Email: bugbooksdirect@yahoo.com Enclosures: Cover letter Application Site plan proposed greenhouse Photographs of site Construction plans for greenhouse ara I I ,& \-\p "\"- 5 -@---I il I rWTST LAKt STRTTT I I I / / / I I I I I I 7,{ I I l t 6 FOR SEPTEHBER 1. MU WEST LAKE STREET FORT COLUNS; COLORADO ALTERATIONS & ADDITIONS FOR BILLIE & ALAN BALLOU PLOT PLAN SCAIE: Site of Requested Variance – 1401 West Lake Street, Fort Collins View of back fence: View overlooking fence showing gazebo Site of Requested Variance – 1401 West Lake Street Footprint of planned greenhouse (bound by backs of chairs) with 10-ft variance View #2 Site of Requested Variance – 1401 West Lake Street Footprint of planned greenhouse (bound by backs of chairs) without variance (15-ft setback) View #2 Revised 08/31/2020 18' Install Manual 2b-D1 Layout for Concrete Piers LAYOUT FOR USE WITH CONCRETE PIERS FOUNDATION (WHERE FOUNDATION WALL SECTIONS MEET). MEASUREMENTS SHOWN ARE TO CENTER POINTS OF 12” CONCRETE PIERS. USE TRUE NORTH You will need to research the difference between true and magnetic North specific to your location. NORTH FLAT TRUE MEASUREMENTS OF ALL WALL PLATES B Sections = 5’ 2-7/8” (62-7/8”) (Bottom plate length center to center) (Marks center of concrete piers) 18’ GROWING DOME LAYOUT FOR CONCRETE PIERS 2” x 4” FOUNDATION WALL BOLTS TO 12” DIA. PIERS WITH COMPACTED 3/4” WASHED GRAVEL IN BETWEEN PIERS RADIUS - 8’ 5-3/4” (101-3/4”) TO CENTER POINTS OF CONCRETE PIERS DOOR CAN BE PLACED IN ANY OF THE 3 “PENTAGON” SECTIONS NOT IN THE NORTH WALL INSULATION AREA (SEE DOME PAPER MODEL) DOOR OPTION 36 ANGLE MARK THIS POINT FIRST “EXACT MIDDLE” STAKE CONCRETE PIERS (10 TOTAL) MUST EXTEND BELOW FROST DEPTH OR TO LOCAL CODES CENTER STAKE DOOR OPTION DOOR OPTION PENTAGON PENTAGON PENTAGON 1st LAYOUT STAKE 2nd LAYOUT STAKE BLUE LINE INDICATES THE RADIUS TO USE FOR THE CENTERS OF THE CONCRETE PIERS NORTH FLAT WALL SECTION Agenda Item 3 Item # 3 - Page 1 STAFF REPORT October 14, 2021 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA210041 PROJECT DESCRIPTION Address: 501 Edwards S. Owner: On Track Homes LLC Petitioner: Adam Jaspers Zoning District: N-C-M Code Section: 4.8(E)(4); 3.8.19(A)(6) Variance Request: This is a request to encroach 8 feet 4 inches, and an additional 3 feet for the eave, into the required 16 -foot west side-yard setback for a building with a wall height of 19 feet 1.25 inches. A variance request (ZBA210033) to encroach 5.8 feet into side-yard setback for a wall heigh of 18 feet has previously been approved. COMMENTS: 1. Background: The property was annexed into the City in as part of the Lake Park Addition in 1881. It received development approval at the same time but was later replatted as part of the Craft Resub Subdivision. The existing building was constructed in the early 1900’s. The existing structure has been owned by the place of worship immediately across the alley to the south. It has been used as the residence of the church operators. The applicant’s plan is to demolition the existing structure and build and new single family detached dwelling. The existing dwelling encroaches 4.8 feet on the west 15-foot street-side setback. The west property line is 15 feet away from the back of the existing sidewalk along Whedbee Street. In August of this year the property received approval for a 5.8-foot encroachment into a 15-foot street side- yard setback. In reviewing the building permit application, it was found the wall height of the proposed structure is over 18 feet, the maximum height allowed at a 15-foot setback. Because the height is 19 feet and 1.25 inches the required setback is 16 feet. The required setback on the east side of the property also increased from 5 feet to 6 feet. To meet the east side setback the proposed building has been sited to encroach further into the street-side yard setback. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval and finds that: • The variance request is not detrimental to the public good. • The there is an additional 15 feet from the property line to the public sidewalk • Other similar sized lots interior to the block only have a 5-foot setback. • The increase in wall height is 1.1 feet. Agenda Item 3 Item # 3 - Page 2 Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 4. Recommendation: Staff recommends approval of APPEAL ZBA210041. 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 02.18.20 501 Edwards st Adam Jaspers Buisness owner 80524 36763 Brian Ave Windsor CO ON Track Homes 970-231-8632 adam@hwgcolorado.com Please see attached 1. Hardship Additional Justification Additional Justification If not enough room, additional written information may be submitted 501 Edwards St We would ask that. To be granted a variance of an addition 2 foot incrochment on the west side of our lot. this would leave a set back of 7'4" to the property line and 31.5 feet to the street Previous Variance and Current Conditions We were granted a variance to acomidate a small overage in total building space and for a front porch overhange of the upper level. We missed that the total builing height from grade could not exede 18 feet without moving the structue an additional foot from the east lot line. It is not possable for us to constuct the home with 8' ceiling on each level and still achive the 18' height. Additionally we would like to build using 9' ceilings on the main level. We have already designed the home with floor joist are set below the top of foundation to accomidate the final height. Site Conditions : 501 Edwards St currently has a house on the property that sits 3.5 feet off of the east lot line and 10 feet off of the west lot line. Additionally there is a 24 foot right of way between the property line and the street on the west side creating a total set back from the curb of 34 feet to the current structure. This corner lot is 40 feet wide and 140 feet deep, making it the same dimensions as the neighboring interior lots despite its corner location. There is however public right of way that separates the property from the street on the west of another 24 feet by 140 feet. Current set back requirements for this corner lot would require that any building be 5 feet from the east lot line, and 15 feet from the west lot line. This would only leave a buildable width of 20 feet. While most corner lots are wider than the adjoining interior lots that is not the case with 501 Edwards. We do however have an additional 24 foot public easement to the west. 1 Proposed Home: We would like to build a new house on the existing lot. The new building would be the same width as the existing structure (east west). We propose that the new building footprint be shifted to the west approx. 1.5 feet to meet the side yard requirements. This would leave a total distance of approx. 9 feet to the property line, with and additional 24 feet of right of way giving a total set back of approximately 33 feet from the street. 2 Roof PlanN5/125/125/125/125/125/125/125/125/125/125/125/125/125/12 5/12 5/12 4" ALUMINUM GUTTERS(COLOR BY OWNER)4" ALUMINUM GUTTERS(COLOR BY OWNER)4" ALUMINUM GUTTERS(COLOR BY OWNER)CONTINUOUSRIDGE VENTTYP.CONTINUOUSRIDGE VENTTYP.HIPHIPHIPHIPHIP HIP HIP HIP VALLEYVALLEYVALLEY VALLEY1. ROOFING MATERIAL TO BECOMPOSITION STYLE -CLASS #4 SHINGLES TYP. -COLOR BY OWNER.2. ALL DOWNSPOUTS TO BEDRAINED TO LIGHT AT NOLESS THAN 14" PER LINIERFOOT OF RUN.3. AT NO POINT SHALLDOWNSPOUTS DRAIN ONTOHARD SURFACES.4. PROVIDE COLLAPSIBLEDOWNSPOUT EXTENSIONS@ ALL DOWNSPOUTSDRAINING ON PERMEABLESURFACES TO A MINIMUMOF 60" BEYONDFOUNDATION WALLS TYP.GENERAL NOTES:TRUSS NOTES:1. ALL TRUSSES SHALL CARRY ENGINEEREDSTAMPED DESIGN DRAWINGS ANDMANUFACTURERS STAMP.2. ALL TRUSSES SHALL BE INSTALLED & BRACED TOMANUFACTURERS SPECIFICATIONS3. ALL TRUSSES WILL NOT BE FIELD ALTEREDWITHOUT PRIOR BUILDING DEPT. APPROVAL OFENGINEERING CALCULATIONS.4. ALL TRUSSES SHALL HAVE DESIGN DETAILS &ENGINEERED DRAWINGS ON SITE FOR FRAMINGINSPECTION.5. ALL CONNECTIONS OF RAFTERS, JACK OR HIPTRUSSES TO MAIN GIRDER TO BE PROVIDED BYTRUSS MANUFACTURER.6. ALL ROOF FRAMING 24" O.C.7. ALL ROOF PITCH @ 5:12 UNLESS OTHERWISESTATED ON DRAWINGS.8. ALL OVERHANGS ARE @16".9. SEE STRUCTURAL FOR ADDITIONAL DETAILS ANDREQUIREMENTSVENTILATION:1. PROVIDE 1" MIN. AIRGAP AT EAVES WITHINSULATION BAFFLESTYP. AT ALL TRUSSBAYS.2. PROVIDE CONTINUOUSRIDGE VENTILATION.3. PROVIDE CONTINUOUSEAVE VENTILATION.5/12HIP HIP5/121'-3 1/2"5 1/2"14" DEEP DADOKB-317 CROWNMOLDING916" X5"COLONIAL BASERIPPED TO 4.25"KB-317 CROWNMOLDING1X6 DIMENSIONAL1X8 RIPPED TO 6"1X6 DIMENSIONAL2X6 DIMENSIONAL2X6DIMENSIONALCoffered Ceiling FeildTyp. Stair/Railing Detail6" SPHERESHALL NOTPASSTHROUGH4" SPHERESHALL NOTPASSTHROUGH2'-10"MAXIMUMAT NOSINGOF TREAD7.5"MAX10'-1/2"MIN.3'-0"MINIMUMFROMTOP OFFINISHEDFLOORTyp. Stair Detail2'-10"MAXIMUMAT NOSINGOF TREAD2'-10"MAXIMUMAT NOSINGOF TREAD7.5"MAX7.5"MAX10'-1/2"MIN.RAILING NOTES:1. STAIRWAYS SHALL HAVE A MIN. WIDTH OF 36".HAND RAILS MAY ENCROACH A MAX. OF 3 1/2"INTO THE REQUIRED WIDTH.2. TREADS SHALL HAVE A MIN. DEPTH OF 10.5". ANDMAXIMUM HEIGHT OF NO MORE THAN 7-1/2" RISE.STAIR TREADS MUST BE UNIFORM AND CAN NOTVARY FROM THE LARGEST TO THE SMALLEST BYMORE THAN 1/4".3. STAIRWAYS SHALL HAVE MIN. 6'-8" OF HEADROOMAT THE NOSE OF THE STAIR.4. ENCLOSED USABLE SPACE UNDER INTERIORSTAIRS SHALL BE PROTECTED ON THE ENCLOSEDFACE WITH 5/8" TYPE "X" GYPSUM WALL BOARDAND FIRE TAPED IF NOT FINISHED.5. STAIRWAYS SHALL HAVE AT LEAST ONE HANDRAILLOCATED 34" ABOVE THE NOSING OF TREADS ANDLANDINGS. THE HAND GRIP PORTION OFHANDRAILS SHALL NOT BE LESS THAN 1-1/2" ORGREATER THAN 2.5" IN CROSS-SECTIONALDIMENSION.6. HANDRAILS SHALL BE CONTINUOUS THE FULLLENGTH OF THE STAIRS. THE ENDS OF HANDRAILSSHALL RETURN TO WALL OR TERMINATE INTO ANEWEL POST OR SAFETY TERMINAL.7. STAIRWAYS HAVING LESS THAN 2 RISERS DO NOTREQUIRE A HAND RAIL.8. 36" MIN. HEIGHT GUARDRAILS SHALL BE PROVIDEDFOR AT PORCHES, DECKS, BALCONIES,STAIRWAYS AND LANDINGS WHERE THE ADJACENTSURFACE IS GREATER THAN 24" BELOW.9. RAILING AND GUARDRAIL BALUSTER SPACINGSHALL BE SPACED SO THAT A 4" SPHERE WILL NOTPASS THROUGH AT ANY POINT IN RAILING SYSTEM.10. THE TRIANGULAR OPENINGS FORMED BY THERISER, TREAD, AND BOTTOM OF GUARDRAIL SHALLNOT ALLOW A 6" DIAMETER SPHERE TO PASSTHROUGH AT ANY POINT OF STAIR SYSTEM.Wall Section - A18'-2 7/8"6"18'-7 1/4"19'-1 1/4"18'-8 7/8"Typ. Basement Wall Section 4 1/2" MIN.3" MIN.1 1/2" MIN.10 13/16"5 1/8"5 1/2"KB-317 CROWNMOLDING916" X5"COLONIAL BASERIPPED TO 4.25"1X8 RIPPED TO 5 1/4"1X6 DIMENSIONAL2X6 DIMENSIONAL2X6DIMENSIONALWM-75 CROWNMOLDINGCoffered Ceiling @ Wall4215 WHITE DEER LANEFORT COLLINS CO 80549millardandassociatesltd.com308.539.2759SHEET:OF:SHEET TITLE:PROJECT #DRAWN BY:APPROVED BY / DATE:SCALE: AS NOTEDISSUE:DATE:MAILLARD&SSOCIATESHWG - Edward Street501 Edwards StreetFort Collins, CO 80524A7-158 1.SETBACK USED ARE CONTEXTUAL SETBACKS AND DO NOT EXCEED EXISTING SET BACKSCURRENTLY IN PLACE ON THE NORTH, EAST, AND WEST SIDES OF THE EXISTING STRUCTURELOCATED ON THE CURRENT PROPERTY.2. PER LOCAL LAND USE JURISDICTIONAL CODE STATED IN ARTICLE 3 - GENERALDEVELOPMENT STANDARDS; DIVISION 3.8 - SUPPLEMENTARY REGULATIONS;SECTION 3.8.19 - SETBACK REGULATIONS; SUBSECTION B: REGARDLESS OF THEMINIMUM FRONT SETBACK REQUIREMENT IMPOSED BY THE ZONE DISTRICT STANDARDS OFTHIS LAND USE CODE, APPLICANTS SHALL BE ALLOWED TO USE A "CONTEXTUAL" FRONTSETBACK. A "CONTEXTUAL" FRONT SETBACK MAY FALL AT ANY POINT BETWEEN THE FRONTSETBACK REQUIRED IN THE ZONE DISTRICT AND THE FRONT SETBACK THAT EXISTS ON ALOT THAT ABUTS, AND IS ORIENTED TO, THE SAME STREET AS THE SUBJECT LOT. IF THESUBJECT LOT IS A CORNER LOT, THE "CONTEXTUAL" SETBACK MAY FALL AT ANY POINTBETWEEN THE ZONE DISTRICT REQUIRED FRONT SETBACK AND THE FRONT SETBACK THATEXISTS ON THE LOT THAT IS ABUTTING AND ORIENTED TO THE SAME STREET AS THESUBJECT LOT. IF LOTS ON EITHER SIDE OF THE SUBJECT LOT ARE VACANT, THE SETBACKSHALL BE INTERPRETED AS THE MINIMUM REQUIRED FRONT SETBACK THAT APPLIES TO THEVACANT LOT. THIS PROVISION SHALL NOT BE CONSTRUED AS REQUIRING A GREATERFRONT SETBACK THAN THAT IMPOSED BY THE UNDERLYING ZONE DISTRICT, AND IT SHALLNOT BE CONSTRUED AS ALLOWING SETBACKS TO BE REDUCED TO A LEVEL THAT RESULTSIN RIGHT-OF-WAY WIDTHS BELOW ESTABLISHED MINIMUMS.SETBACK NOTES:501 Edwards Street, Fort Collins, Colorado80526,Legal: LOT 10, BLK 14, CRAFTSRESUBDIVISION OF LAKE PARKADDITION, CITY OF FORT COLLINS,COUNTY OF LARIMER, STATE OFCOLORADO.NORTH01020 40SCALE IN FEETWATERSHED NOTE:WATERSHED IS INCREASED BY1058 SQ.FT..S00°21'25"W 140.06'S00°21'25"W 140.13'S89°48'58"E 40.06'N89°55'26"W 40.03'884°458EDWARDS STREETWEDBEE STREETEXISTING DECIDUOUSTREE TO REMAINPROTECT DURINGCONSTRUCTIONALLEYS89°48'58"E 40.06'EDWARDS STREETWEDBEE STREETEXISTING DECIDUOUSTREE TO REMAINPROTECT DURINGCONSTRUCTIONS00°21'25"W 140.06'S00°21'25"W 140.13'N89°55'26"W 40.03'ALLEY84°45588EXISTINGRESIDENTIALSTRUCTURE8'-4"6'-0"13'-6"3'-5"10'-1 1/2"New Site PlanExisting Site Plan15'-7"14'-6"70'-11"70'-7"70'-9"GRADE BREAKPROTECT EXISTINGCONCRETE WALKDURING DURATION OFCONSTRUCTION, (ANYDAMAGE DURINGCONSTRUCTION MUSTBE REPLACED PERJURISDICTIONALREQUIREMENTS)REPLACE EXISTINGWALK PERJURISDICTIONALREQUIREMENTSENTIRE EXISTINGSTRUCTURE TO BEREMOVED INCLUDINGALL EXISTING SEWER,WATER LINE, AND GASLINE TO TAP ANDREPLACE WITH NEW,REMOVE ALL FOOTINGS,FOUNDATION, WINDOWWELLS. (PREP SITE FORNEW STRUCTURECOORDINATE WITH NEWPLAN)REMOVEALLEXISTINGWOODCURBINGREMOVEEXISTINGSTOOPREMOVEEXISTINGCONCRETEWALKREMOVEEXISTINGCONCRETESTOOPREMOVEEXISTINGCONCRETEWALKPROTECTEXISTING FENCEDURING THEDURATION OFCONSTRUCTION99'0"99'0"99'0"98'0"98'0"98'0"97'0"97'0"97'0"97'0"99'0"99'0"99'0"98'0"98'0"98'0"97'0"97'0"97'0"13'-1"PROPOSEDOFF-STREETPARKINGAREAT.B.D.BYOWNER70'-0"GENERAL NOTES:THE BUILDER SHALL VERIFY THAT SITE CONDITIONS ARE CONSISTENT WITHTHESE PLANS BEFORE STARTING WORK. WORK NOT SPECIFICALLY DETAILEDSHALL BE CONSTRUCTED TO THE SAME QUALITY AS SIMILAR WORK THAT ISDETAILED. ALL WORK SHALL BE DONE IN ACCORDANCE WITHINTERNATIONAL BUILDING CODES AND LOCAL CODES.WRITTEN DIMENSIONS AND SPECIFIC NOTES SHALL TAKE PRECEDENCEOVER SCALED DIMENSIONS AND GENERAL NOTES. THEENGINEER/DESIGNER SHALL BE CONSULTED FOR CLARIFICATION IF SITECONDITIONS ARE ENCOUNTERED THAT ARE DIFFERENT THAN SHOWN, IFDISCREPANCIES ARE FOUND IN THE PLANS OR NOTES, OR IF A QUESTIONARISES OVER THE INTENT OF THE PLANS OR NOTES. CONTRACTOR SHALLVERIFY AND IS RESPONSIBLE FOR ALL DIMENSIONS (INCLUDING ROUGHOPENINGS).GRADING NOTES:CONTRACTOR TO VERIFY LOCATION OF ALL EXISTING UTILITIES.ALL UTILITIES LOCATIONS ARE THE RESPONSIBILITY OF THE CONTRACTOR.ALL UTILITIES MUST BE LOCATED BY CONTRACTOR PRIOR TO ANYEXCAVATION WORK PERFORMED ON SITE.PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING.FINAL GRADE TO CONVEY SURFACE DRAINAGE TOWARD CHANNELS ANDDISPERSION GUTTER OR TRENCHES.AREAS TO BE FILLED SHALL BE CLEARED, GRUBBED TO REMOVE TREES,VEGETATION, ROOTS AND OTHER OBJECTIONABLE MATERIAL AND STRIPPEDOF TOPSOIL.PLACE FILL SLOPES WITH A GRADIENT STEEPER THAT 3:1 IN LIFTS NOT TOEXCEED 8 INCHES, EACH LIFT TO BE COMPACTED TO A COMPACTION RATEOF 98% PRIOR TO NEXT LIFT.NORTH01020 40SCALE IN FEETDOWNSPOUTDOWNSPOUT℄NEWRESIDENTIALSTRUCTURETOTALSQUAREFOOTAGEON BOTHFLOORS =2480SQ.FT.RESIDENCE DOES NOTENCROACH ON BACKHALF OF LOTDOWNSPOUT℄ENCROACHMENT NOTE:WEST SIDE OF RESIDENCEENCROACHES 4'-7" INTOEASEMENT THE LENGTH OF THESTRUCTURE.TOTAL FOOT PRINT OFENCROACHMENT = 241 SQ.FT.NO OTHER ENCROACHMENTSEXIST FOR NEW RESIDENCESETBACK LINE15'-0"5'-0"13'-1 5/32"5'-0"15'-0"SETBACK LINE4215 WHITE DEER LANEFORT COLLINS CO 80549millardandassociatesltd.com308.539.2759SHEET:OF:SHEET TITLE:PROJECT #DRAWN BY:APPROVED BY / DATE:SCALE: AS NOTEDISSUE:DATE:MAILLARD&SSOCIATESHWG - Edward Street501 Edwards StreetFort Collins, CO 80524C1-168 Agenda Item 4 Item # 4 - Page 1 STAFF REPORT October 14, 2021 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA210042 PROJECT DESCRIPTION Address: 2533 Courtland Ct. Owner/Petitioner: Clay Bell Zoning District: R-L Code Section: 4.4(D)(2)(d); 3.8.19(A)(6) Variance Request: This is a request for a carport to encroach 4 feet 11 inches into the required 5 -foot side setback. The posts will be 1 foot from the property line and combination of eave and gutter is 11 inches and will not cross property line. COMMENTS: 1. Background: The property was annexed into the City 1977 as part of the Herring annexation. It received development approval as a single residential dwelling unit in 1979 part of the Brown Farm Seventh subdivision. The original primary structure was constructed in 1984. At that time the side setback was 5 feet and has not changed through the present. Additionally, the lot size is 17+ feet wider than the interior lots along the block. It appears the previous carport that was built on the property in the similar location as the requested carport did not receive a building permit. Therefore, the encroachment of the previous structure was not reviewed. The request for the new carport extends into the full length of the required setback. In general setbacks are to ensure safe passage around structures and is an element that builds the architectural character of the neighborhood. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends denial and finds that: • The previous structure never received prior approval. • The request is 100% of the required setback. • Insufficient evidence has been provided in showing how the proposal supports the standards in a way equally well or better than a proposal that complies with the standards. 4. Recommendation: Staff recommends denial of APPEAL ZBA210042. 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 Written statement:Seeking variance of 5' side setback to replace a previously existing carport that collapsed due to snow load on March 15 2021, less than 6 months after I purchased the home in October 2020. The variance will not be detrimental to the public good and the new structure will be built to code by a licensed contractor.The variance is nominal and inconsequential. The previous structure existed for approximately 10 years prior. It is recognizable in satellite imagery on Google Earth dated July, 2011. The new structure will be built over an existing cement slab that extends to the fence line. No part of the structure will extend across the property line. A gutter will be used to prevent precipitation from crossing onto the adjacent property. The structure is mostly hidden by the fence, gate, and foliage when viewed from the cul-de-sac. Additionally, the loss of this structure will impact the resale value of the property if not replaced. The carport was built by a previous homeowner and therefore this economic loss/hardshipis not self-imposed. Previous structure in historical imageryRoof seen in imagery from July 2011 Reference to carport in original listing. Listing photo with carport visible. Carport framing and roof are mostly obscured by foliage from tree when viewed from cul-de-sac. Google streetview with carport visible (dated 2016). Carport framing and roof are mostly obscured by foliage from tree when viewed from cul-de-sac. Photo of collapsed carport (March 2021).Collapse resulted from failure of 2x6 beam spanning length of structure under heavy, wet snowfall in March 2021. If variance is granted, replacement structure will be built by licensed contractor to current codes and utilize a ledger board to prevent similar failure in future. Photo of collapsed carport (March 2021).Collapse resulted from failure of 2x6 beam spanning length of structure under heavy, wet snowfall in March 2021. If variance is granted, replacement structure will be built by licensed contractor to current codes and utilize a ledger board to prevent similar failure in future. Rough plat provided by contractor (Wood Street Builders) illustrating property lines and dimensions. Original carport roof visible on north edge of property (circled with dashed line). 5’ Side SetbackCarport10’25’Rough plat provided by contractor (Wood Street Builders) illustrating property lines and dimensions. 5’ side setback shown.Carport will be built with same footprint as original structure. Project drawings provided by contractor (Wood Street Builders) illustrating framing for replacement structure. Post will be setback 1’ from property line. Joists will overhang 6” and a 5” gutter will be installed. No portion of the structure will extend past the property line.