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HomeMy WebLinkAbout02/10/2022 - Land Use Review Commission - SUMMARY AGENDA - Regular Meeting City of LAND USE REVIEW COMMISSION FF6-rt Collins AGENDA Council Liaison: Shirley Peel Shelley La Mastra, Chair Staff Liaison: Noah Beals Ian Shuff, Vice Chair David Lawton LOCATION: John McCoy Meeting will be held virtually Taylor Meyer 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 10, 2022 8:30 AM 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/i/93179670236. 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 10, 2022. 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 kkatsimpalis@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: 9317967 0236. (Continued on next page) Land Use Review Commission Page 2 December 12, 2021 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 kkatsimpalis@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. • 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 ZBA210053 Address: 134 Lyons St Owner/Petitioner: Gregg Smith Zoning District: N-C-L Code Section: 4.7(D)(5); 4.7(E)(4); 4.7(E)(5); 4.7(E)(6) Project Description: This is a request to build an accessory building with habitable space with several variance requests: 1) 640 sq ft footprint where 600 sq ft is allowed, 2) 22-foot wall height where 18 feet is allowed along the side lot line at the minimum setback 3)22-foot eave height where 13 feet is allowed along the side lot line at the minimum setback, 4) 2-story structure where only 1 1/2 stories are allowed. 2. APPEAL ZBA220002 Address: 124 N Grant St. Owner: Yao Ting Ting/Robert Cohen Petitioner: Collins Ferris, Designer/Consultant Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a request for an accessory building with habitable space to encroach 2 feet into the 5-foot side setback. Existing accessory building is currently encroaching 2 feet into the side setback and is legal nonconforming. The new accessory building will replace the existing accessory building. Land Use Review Commission Page 3 December 12, 2021 3. APPEAL ZBA220003 Address: 617 Cherry St Owner/Petitioner: Vincent Troy Chimelis/Kimberly Ann Chimelis Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description: This is a request to have a wall height of 19.5 feet, which is over the 1.5-foot maximum allowed in the NCM zone. 4. APPEAL ZBA22004 Address: 610 Whedbee St. Owner: John &Valerie Melia Petitioner: Heidi Shuff, Architect Zoning District: N-C-M Code Section: 4.8(D)(6); 4.8(E)(6)(b) Project Description: This is a request for an accessory building without habitable space to exceed the maximum 600 sq ft of floor area by 92 sq ft (692 sq ft)and for the dormer to exceed twenty-five (25) percent of the wall length. Twenty-five percent of the 25-foot wall length is 6.25 feet and the proposed dormer is 12 feet wide. • OTHER BUSINESS 0 2022 Land Use Review Commission (LURC) Work Plan • ADJOURNMENT Fort Collins 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 limited to physical conditions such as exceptional narrowness. shallowness, or topography the strict application of the code requirements would result In unusual and exceptional practical difficulties or undue hardship upon the occupanUapplicant 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-unposed), (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 GSZ Petitioner's Address Owner's Name S Q i{� Petitioner's Phone# Z� Code Section(s) Petitioner's Email Zoning District (., Additional Representative's Name Justifications) (Choose One from List Representative's Address tl /Jr Justification(s) JAdditional Justification Representative's Phone# Jk CA 'k L S ?, justification(s) Additional Justification Representative's Email Reasoning G � ✓�S,r ( - �fU` '` � lt not If not enough room, additional written information mayU be submitted Date t- 14 L1 Signature 12-14-21 Job Address: 134 Lyons St Ft Collins 80521 Subject: Garage footprint coverage variance Owners: Gregg and Mary Smith To whom it may concern, I am requesting an adjustment from 600sq. ft. building coverage to 640sq. ft. for my proposed garage. I will be using four premanufactured Shipping Containers for the structure with a combined footprint of 32' by 20' (640 sq. ft.). Please feel free to contact me with any questions. Zoning Code Section: 4.7D5 Zoning District: NCL Thanks, Gregg Smith 949 291 4467 Property Boundary 145'-0" 145' o 23' 25' 12' Driveway o in 0 ut m A o m Existing Home — D m 600 5F Covered Ch Patio nI n �8 Garage 640 5F 43' v 32'� _ 10' 134 Lyons Street 80521 Rowan Day Design Lyons St. Garage Site Plan Scale: Pg 1 1/8 = 1FT Driveway to extend to north alley Driveway in 20' lC Bonus Room I I I I I I ElmYonS I I I I E5 I I L--. ---J L---------J /\�7 W W E2 Garage 640 5F UP 32 10, E3 � Elm6on 3 Deck First Floor Second Floor Total Square Footage for Variance: 1 ,100 SF Rowan Da Design Lyons St. Garage Floor lan Scale: P 2 Y g Y g p 1/4 = 1 FT g -------------------------------- -------------------------------- -------------------------------- -------------------------------- -------------------------------- -------------------------------- IIIII'I'I'I'I�IIII�IIIIIIIIIIIII��I�IIIIIIII� --_�� �-:.�=,,,�,,-,,,,����►w�������►�����! FM—M0 moulIUUMI u�� i��•:�;;e:: M-I ---- - —--—��— --_ _ -- -ice= =--= [m!ml —� == Fm- �i_ m 0 in nME HUHN ........... Rowan Da Desi n Lyons St. Garage Section Scale: pg 4 Y g Y g 1/4 = 1 FT I II m� I II I II I II I II I II I I II I I II I I II ------------------------ I II I I II I I II I I II I I II - J Solar array on south facing roof Rowan Day Design Lyons St. Garage Solar Array Scale: Pg 5 1/4 = 1 FT City of art Collins Application Request , pp ' q 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 limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant(i.e. not self-imposed); (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 124 N. Grant Ave. Petitioner's Name, Collins Ferris if not the Owner City Fort Collins, CO Petitioner's Relationship Designer/Consultant to the Owner is Zip Code 180521 Petitioner's Address 17217 Caledonian Ct. Windsor, CO Owner's Name Yao, Tingting and Cohen, Robert Petitioner's Phone# 970-218-0074 Code Section(s) JDiv 4.7/ NCL/ Sec. E.4 Petitioner's Email Collins@studiolounge.CO Zoning District N-C-L Additional Representative's Name Justification(s) 3. Nominal and inconsequential Representative's Address Justification(s) Additional Justification Representative's Phone# Justification(s) Additional Justification Representative's Email Reasoning Please see the Written Statement below along with the supplemental photos and plan set If not enough room, (including the site plan and elevations). additional written information may be submitted Date 01/10/2022 Signature / Updated 02.18.20 studio LEIUNCcE ZONING VARIANCE REQUEST 124 N. Grant Ave Fort Collins, CO 80521 Date: January 10, 2022 To Whom It May Concern: My client, the property owners, are seeking a variance on Article 4, Division 4.7 - Neighborhood Conservation, Low Density District; Section E - Developmental Standards; Subsection 4. The owners are looking to improve an existing structure in their back yard that approximates the North boundary of the property. They are asking for the approval to utilize the same North building plane as the existing structure for the improved structure. The north face of the north wall of the improvement will use the same line as the north face of the wall that currently exists today. The improvement is to include a hobbyist woodworking shop and an additional guest quarter. The North plane of the existing building sits 3'-0" from the assumed property line per Exhibit A. The current structure is 12' wide (north-south dimension) by 23' long (east-west). The size of the improvement will be 13' wide by 35 long. The improved maximum eave height will be approximately 11'-9", which is well under the 14' max height requirements for "construction on a lot where there is a lot abutting the north side of the subject lot and the house on such abutting lot is a (7)story." The lot to the North is a (1) story home. The diagram in Exhibit B shows the new structure maintains the integrity of the Solar Access Setbacks requirements set forth in the Land Use Code Article 4 - Division 4.7, Section (E)4(a)4. Sincerely, 14 Collins Ferris, AIA Associate Designer + Owner, studiO_L❑UNGE 7217 Caledonian Ct., Windsor, CO 80550 I 970_218_0074 I collins@studiolounge.CO Assumed Property Line per Request to maintain same previously recorded Site building plane for improved Plan- RE: Exhibit A structure Q fence jog o 5'-0" "' m rear setback -------------------------- - ------ property line y 0 F— setback o DEMO EXISTI G o STRUCTU REI m EXISTING j 12'x 23' j �J ;. `i SHED Hi EXISTING Q --------1 ------\ C? RESIDENCE z b new footprint w < Ln I 6'-10" 35'-0" J roof above I Q step in roof line 15'-0" front setback L - 0 un 190'-0" N PROJ ECT D A T A p- Site Plan 1"=20'-0" [RE:1/P1_05] REPLACEMENT OF THE EXISTING 216 SF. DETACHED STRUCTURE IN BACKYARD TO BE W/NEW 400 SF. DETACHED ACCESSORY BUILDING WITH HABITABLE SPACE TO INCLUDE WORKSHOP AND SINGLE BEDROOM AND 3/4 BATHROOM ADDRESS_124 N. GRANT AVE., FORT COLLINS, CO 80521 ZONING DISTRICT_N-C-L LOT SIZE_9,658 SF NUMBER OF STORIES TWO STORIES+BASEMENT TOTAL EXISTING SQ. FT. _2,332 SF ALLOWABLE FLOOR AREA(20%LOT=1,932 sf+ 1,000 sf)_2,932 SF MAX CONSTRUCTION TYPE V-B PROPERTY BOUNDARY IS BASED ON EXISTING RECORDS,ASSUMPTIONS, FIELD MEASUREMENTS. SITE PLAN LIVING / WORKSHOP m > F S I G N — C o l l i n s f e r r i s 10 L O U N G E 01/10/22 124 N. GRANT AVE., FORT COLLINS, CO 80521 � N00°0'00"W 50.00' Z p F—M d) X X 0 - nil • ;a o 0 0 0 rn Q, w w 0 0 0 0 0 0 0 0 0 0 0) Z z — p H W X� U! ( G BASEMENT ADDITION I>EXI STI NS i1 Ii GRAWL I,/EXISTINS!I �'BASEMENT,I I Z/O' -CEO _ CALL 1*=W SITE PLAN FOR 124 NORTH GRANT AVENUE FORT COWNS, COLORADO S00*00'00"E 50.00' OLD TOWN DESIGNS NORTH GRANT AVENUE JANUARY 2011 his unofficial copy was downloaded on Dec-14-2021 from the City of Fort Collins Public Records Website:http://Citydocs.fcgov.com or additional information or an official copy,please contact Building and Zoning Office 281 North College Fort Collins,CO 80521 USA o IF Y LL O Q 0 / \ co ax3nra uamm i/\� 3 0 z U u5 ' � Z m\ IMF o \ ❑ = O Fci X LU 06 LU w iQ' o$ W w alIIW vi Z I I ono I I I Q Ap I I I oLL I 0= I I I I � I I I I I I oR I 3 ❑ I ❑ a ❑ a w a w x a I x rc o — 0 II ¢> a> 6> II I I I o =x - W III v Z =0 00 J° ❑ o z �U) I I 3 Ala Flo ¢ City --�of Fort Collins Application Request uest "r � 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 limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed); (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 617 Cherry Street LLA Petitioner's Name, if not the Owner ��--- - City Fort Collins, CO Petitioner's Relationship � to the Owner is Zip Code 180521 Petitioner's Address 16624 Murano Drive, Windsor, CO Owner's Name lVincent Troy Chimelis Petitioner's Phone# 19707760108 Code Section(s) 4.8, 3.8.17 Petitioner's Email Lroc101@hotmail.com Zoning District INCM Additional Representative's Name Justification(s) 11. Hardship Representative's Address Justifications) 3. Nominal and inconsequential Representative's Phone# Justification(s) 2. Equal to or better than Representative's Email Reasoning We submitted Addition Plans and were informed that the height of the exterior sides were the If not enough room, average ground level to the top of the roof at the top of the wall. The definition of Wall Height additional written throughout the Fort Collins Land Use Code refers to "Wall Height" as being just that, the "Wall'. information may In no place in the Code does Wall Height say Wall plus the Roof Height. In speaking with my Architect, this must be a new interpretation and we are requesting a Variance to keep the actual be submitted . all hei ht at 18' as indicated in the Land Use Code. December 30, 2021 Date [ _ Signature Updated 02.18.20 VARIANCE REQUEST PROPTERY ADDRESS: 617 CHERRY STREET, FORT COLLINS, CO 80521 PARCEL NUMBER: 971129013 ZONING DISTRICT: NCM CURRENT SETBACKS: 5 FT. EAST/WEST, 15 FT. NORTH FRONT Owner Names: Vincent Troy Chimelis and Kimberly Ann Chimelis 6624 Murano Drive, Windsor, CO 80550 Phone: 970-776-0108 Date: December 30, 2021 We purchased 617 Cherry Street in June of 2021 for its proximity to Downtown Fort Collins with the intent of adding an Addition and Remodeling before moving in. The house was originally built in 1920, faces north onto Cherry Street, has an Alley on the East side that we access our garage and a remodeled, newer home, 619 Cherry Street, located on the West side. We submitted New Addition plans to the City of Fort Collins for our Remodel/Addition and received an Initial Review email (See Below) stating that our wall height according to our plans was too high. (See Drawing Below). After speaking with Rob Bianchetto, Senior Zoning Inspector, I decided that my best course of action would be to file for a Variance. He stated that the wall height as they view it, is 18' from the average grade to the "top of roof". This view or interpretation is not clearly defined in the Fort Collins Land Use Code and after speaking with my Architect, this was not how it had been in the past. The relevant standard (Below) is 4.8 (E) (4), minimum side yard and maximum wall height. The 18' dimension applies to the "maximum wall height". There is no mention in any of the Fort Collins Land Use Code that indicates "wall height" means "wall plus roof'. (E) Dimensional Standards. (1) Minimum lot width shall be forty(40)feet for each single-family and two-family dwelling and fifty(50)feet for each other use.If more than one(1)principal building is proposed to be constructed side-by-side on the same lot,then each such principal building must have at least forty(40)feet of street frontage for single-family and two-family dwellings,and at least fifty(50)feet of street frontage for each other use. (2) Minimum front yard setback shall be fifteen(15)feet.Setbacks from garage doors to the backs of public walks shall not be less than twenty(20)feet. (3) Minimum rear yard setback shall be five(5)feet from existing alleys and fifteen(15)feet in all other conditions. (4) Minimum Side Yard and Maximum Wall Height.Minimum side yard width shall be five(5)feet for all interior side yards.Whenever any portion of a building wall along a side lot line exceeds eighteen(18)feet in height,as measured from the natural grade at the interior side lot line adjacent to the wall,such portion of the building wall shall be set back from the interior side lot line an additional one(1)foot,beyond the minimum required,for each two(2)feet or fraction thereof of building wall height that exceeds eighteen(18)feet in height,except as provided for in subparagraph(a)below.Minimum side yard width shall be fifteen(15)feet on the street side of any corner lot.Notwithstanding the foregoing,minimum side yard width for schools and places of worship shall be twenty-five(25)feet(for both interior and street sides). 9 � SMACK LINE■dt OUBACK UNE.OR WALL WvaiiR>1►'-0" -WALL HBfyIT>10'-0' SETDACK SETOACK of i Y LINE OF EXTERIOR u -! WA-L DE`-OND S t [n� r 0 4 U, Z W J 7 W J V TJ Y i MIN. 10" -READS / W RISERS SEE TYPICAL Z O LL FO ? WALL DETAIL' HANDRAILS FOR FUR'"ER t NOT SWOWN NFORMATION jr } n y EITE4UILT STAIRS ! MN.10"-REAM FF �j 7 RISERS yyI — Ih 5-0• !-0'a/- E}"STING CRAULSPACE I Y. *Red lines indicate the Wall height plus the Roof height as marked by City of Fort Collins Zoning Department. Figure 17.5 Minimum Side Yard Width and Maximum Building Wall Height I'ict back for , 2-height increase ' - 1'set back for •,1 Wight increase' F119' 3 14' s 5 £ i 5 S _ CI MIn.Side I Yard Width I *Per Section 4.8 (E) (4) Figure 17.5, "Wall Height" is described as "Building Wall" and there is no mention of Roof being a part of the height. 2 3.8.17-Building Height % 9 R B (21 (A) Measuring Building Height. (1) Building Height Measured in Feet.When measured in feet,building height shall be measured from the average of the finished ground level at the center of all walls of a building or structure to the highest point of the roof surface or structure. (2) Building Height Measuredin Stories.In measuring the height of a building in stories the following measurement rules shall apply: (a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of one-third('/3)of the total area of the nearest full floor directly below it. (b) Half(1/2)story shall mean a space under a sloping roof which has the line of intersection of the roof and wall face not more than three(3)feet above the floor level,and in which space the possible floor area with headroom of five(5)feet or less occupies at least forty(40)percent of the total floor area of the story directly beneath. (c) No story of a commercial or industrial building shall have more than twenty-five(25)feet from average ground level at the center of all walls to the eave/wall intersection or wall plate height if there is no eave,or from floor to floor,or from floor to eave/wall intersection or wall plate height as applicable. (d) A maximum vertical height of twelve(12)feet eight(8)inches shall be permitted for each residential story measured from average ground level at the center of all walls to the eave/wall intersection or wall plate height if there is no eave,or from floor to floor,or from floor to eave/wall intersection or wall plate height as applicable.This maximum vertical height shall apply only in the following zone districts:U-E;R-F;R-L;L-M-N;M-M-N;N-C-L;N-C-M;N-C-B;R-C;C-C-N;N-C;H-C; and M-H. (3) Transitional Height.Regardless of the maximum building height limit imposed by the zone district standards of this Land Use Code,applicants shall be allowed to use a"transitional'height limit.The allowed"transitional"height may fall at or below the midpoint between the zone district maximum height limit and the height, in feet,of a building that exists on a lot that abuts the subject lot and faces the same street as the building on the subject lot.This provision shall not be interpreted as requiring greater minimum heights or lower maximum heights than imposed by the underlying zone district. My wife and I designed the home to accommodate the 18' actual wall height as shown and written in the Fort Collins Land Use Code and adjusting this would greatly affect the upstairs living space. First and foremost, the house only sits at 22' wide. The narrow footprint of the house limits where we can effectively place our staircase. The Staircase is to be located along the East side of the house, adjacent to the alley we access our garage. (See Pictures Below). If we are required to lower our ceiling height by 1' 6", the ceiling at the top of the stairs would start at just over 6' 6", creating a very low upper landing and hallway to access all the upstairs bedrooms. The average ceiling height in the upstairs hallway would end up being 7' 3" thus creating a very enclosed space. The West side of the house abuts to our new neighbor at 619 Cherry Street. This house was remodeled approximately 5-6 years ago. The height of the grade at 619 is over 1' above the existing grade (See Below) of our home at 617 and the "Transitional Height" as referenced in 3.8.17 (A) (3) above should come into consideration. There is a portion of the second floor that sits back from the first-floor exterior wall on this side and the eave height is consistent with the imaginary line at which the upper story's roofline (if extended downward) would intersect. (See (6) (c) Below). 3 (6) Eave Height. (a) The exterior eave height of an eave along aside 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 setback two(2)feet from the wall below and does not exceed twenty-five(25)percent of the wall length. (b) The exterior eave height of an eave along a side lot line shall not exceed ten(10)feet from grade for an accessory building containing no habitable space.An eave of a dormer or similar architectural feature may exceed ten(10)feet if set back two(2)feet from the wall below and does not exceed twenty-five(25) percent of the wall length. (c) If a second story has an exterior wall that is set back from the lower story's exterior wall,the eave height shall be the point of an imaginary line at which the upper story's roofline(if extended downward)would intersect with the lower story s exterior wall(if extended upward). F1 WEST ELEVATION We are requesting a Variance to allow the height of our exterior East and West walls, to be equal to the 18 feet from the average ground level to the eave/wall intersection, as indicated in the Fort Collins Land Use Code noted above in Standard 3.8.17 — Building Height (2) (d). With the East side of the house abutting the Alley and the West side within the standards set forth in East/West neighbors (Figure 17.5 above), we do not feel there will be any adverse conditions that would impact the neighbors or the neighborhood. We feel our proposed plans are consistent with the definition of Wall Height and are not diverging from the Standards that are set forth in the Land Use Code. Best Regards, Vincent Troy Chimelis 4 Email Received from Rob Bianchetto on 12/22/2021 : Hello Troy, Thank you for your application.Zoning has completed the initial review of 617 Cherry St and noted the following items are required for approval • The maximum wall height is 18',measured from the average grade to the top of the roof.The plans submitted show a wall height of 19.5'.To address this,yot can either: • Revise the plans so that the wall height will be 18'or less and resubmit • Request a variance to exceed the maximum wall height of 18' uuu Kn✓*>r'o• _ _-.uu wow)r'a x+e+c< -ene•ac I3 Free'- Ry a iG� _ -� c--Rena • Ia — u RrERa. • a�•_ate a I � � r1F'OR<ya GR c�Y--ER 3 R.aERL•�Lr'... 1 If revising the plans for review,please resubmit via email to revcoord@fcgov.com. Reference permit number and address,and use the following naming conventions: Plans—617 Cherry St-v2 Let me know if you have any questions. .................. ROB BIANCHETTO Senior Zoning Inspector Zoning,Community Development&Neighborhood Services City of Fort Collins 281 N College Ave 970-416-2401 office zoning@fcgov.com 5 Overhead view of 617 Cherry Street, FortCollins, • 80521 (via Google •'» to @►herry a (K herry St Cherry St Cherry N - OWN Cherry St C«herry St C erry St Cherry S lip- rP o t Y+• t ,; 7l `��•xA. , �` � � � �:..�•. - � � �Imo! ,r(�`�,; Q Z 111 )� f��C to o do r � I 3z1 Z 5. t M -.Ir file �i/+r Z 617 Cherry Street (on left) . (on Right) Front View from street. •� `_, is}M ����. ,� « - �. Close up view of grade height difference between 619 Cherry and 617 Cherry. y"`b �` y j'r `F"54`� ' �r��i o c � �''�.s�� a' '"- '� •l �-�+ft��[ 2+x. $ae-.,..✓.� ,pa �t ♦J: ., �"'r1,3, ` �+ 'yL-�-Y J _jOMS'��,f �I uire r --.. � +.£� _�y. Fri } � � �,Ks, ✓✓ c'�Y - � it �{` .. �:�4-`+�:'�!►_u:? ._.,Alm. �:�-'. `'y- �F'.`�'� -�i��ir 8 GradeCloser View of height difference. 01 �. .sue .. +. _ - � i , - _ �t��i~�`• u� Existing Site Plan Cherry Street " C"weal Cwb , ` E r----------------T---F;WUm s:�--- 1-------- ------ Alley ; $ 1 1 1 1 1 1 li 1 1 / 7/o•I% varYOid 1 �I Farce Posts `---------------------. 1 1 1 1 and , ' EXWM HMAE 1 Fence Low 1 1 / f � 1 e17 tawny SVM1 1 1 1 1 N' Fad 0011nd.OO 1 1 1 1 8101y 3 1 ---------------------- 1 ' 1 1 1 1 1 I 1 1 1 I 1 1 S'Belesf f 1 1 , 1 S'SeeefII Flae Pa- 1 ' E wg IX 1 I Fam Low; 1 1~P,opely Low 210' 1 AUey i 1 1 1 � t 1 � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F---------------------- ' ' 1 ' � I ' � 1 1 ' Job Site Address: ; 617 Cherry Street i 1 Fort Collins, CO 80521 f 1 1 fw.lwFwoellrw L--------------------- 1 calllniwd from , Property Owners: I ' 1 ' Vincent Troy and ; Kimberly Chimelis * Alley 6624 Murano Drive Windsor,CO 80550 970-776-0108 1 1 Parcel Number: 971129013 ' Zoning District: NCM 1 Property Setbacks: 1 5'East,West and South 1 15'North Front Side ---------------------- 1 �-2W �v 1 so'.Io' 1 1 1 p' 1 f 1 if s'lea.0� 1 10 N New Proposed Site Plan W , E ------------------------------------------------------------------------------------ S Cherry Street ----- --------- .------------- per ------------ 1 1 Proty Lm 3s teat / 1 Alley ; � Alley ; r / 1 ---- 1 --y / I � � 1 6n C/laey ------------------------� / Steel I- ------------------------ / 1 1 New Proposed j I 1 1 1 2.6115 st i .------------- 1 1 1 1 1 1 1 1 1 l ------------- It / 1 1 1 t 1 1 1 1 1 1 1 .------------------------i 1 1 1 F------------------------- 1 1 1 1 1 1 Job Site Address: ' 617 Cherry Street Fort Collins.CO 80521 1 1 Pmpoft Low Property Owners: ' ' t 2101se1 1 ' 1 1 1 1 I Vincent Troy and 1 ----------------------- Kimberly Chimelis 6624 Murano Drive Windsor,CO 80550 970-776.0108 _ Parcel Number: 971129013 1 1 / Zoning District: NCM 1 1 1 1 1 1 1 1 1 Property Setbacks: 5 ft. East.West and South I 17'9"North Front i 1 1 � 1 Garage D—way � ------------------------� i i '-------- 1 1 1 / 1 1 1 11 0 0 0 a 0 NORTH ELEVATION I � EAST ELEVATION UJEST ELEVATION 12 ie-a' 4'-0• ram' iV GI .IN6ML BEAn TO LOLLIN OOM/dGTORl.PE EdCM sm "xu BEdn T�coi✓TN uric. _ � lIFM�ON dEWi �G\hD6710N dMCNOR-•- Q 5 1MBU CCNG.PdflO W/,- -- - PERGOLA dBOVE�L o OiIRrCTURAL COU M WITN SRM-*C%Alk"POUVDATON ANCHOR - ReAntoan Naa-s*tc*uledL ut_... 41M covneo�u Nuo" WALL IT �• �•9 _— �::4t::'Lvl DEADER OVE`. _-_ yl COV'MLO:.�^r�B 0`1 W�R[ MU4vE ! NTBrbCR"'-LL U+CER CRT e Q B LME OF EXMTNG NQIIF OOL. i' 9 DR'11N6 �I;. F7 N012. ALL r-ITtR VJR •� 1NLE96 OTweRY.IBE NOTED. s. y- P a d CG.V MEm Ld.Lt ON MslDt - m --- � sect v ccwc.wdLL 7 01 a I EI h 1 ml I W� Ouvr'IG Rn q I ml ZI c 3 I m I r• r w to- m r ~ Mote: FOR dLL Gud AL.e m - AT tTLIRt.PROVIDE%'MGM LME CABFET6 J.,3 Q �Ek 6PACm 60 a'OPIlItt Cow I .—. I.Ot PdBB T111iUlU� %xy LY��X 9-Y7_VL BEdM � 9)9M \ m MANOBR 111111111111 till I s-�Rs f t '� nn w•TREdos e'o _ • I � 7-�' Y IO L 4 X 311 STUDY E oc IX CTING MDUtt • ......................— ��;- n:7X►wdl-I wdRNo '� T-0• Imo' )'-C- POINT ON NBJ •' FOWIDdTI-M EELCW EXIBIMG PORE 1 dLL IXTBGIOR LY11!(/JWTRIIGTED 4 T`"PE C!-JI6P BRdCED LdL-6 130E 8F FLOOR AREA du.ed b IN DE RIWs udL_s Ar R)7X'D LMLEt!O•MEFWYE Mot¢. MAIN FLOOR PLAN 0 iReOV noVLXIDE nno E DETEot R DE-EcTcm 13 "ASTER BEDROOM qq --- ----------------- --------- - 4" WIN 0 rtq--- LAU'%�RY o'-V NOTE. ALL NTM DOORS L CO.*T TW 13-6 SF FLCCR AREA Ab r1ft Cb-14. —116 ALL.WA.e 1M —nG OTNp 11M CARDO%HON DEM E DETECTOR 0 GM DETECTOR SECOND FLOOR PLAN V4'-I'C' 14 City of ort Collins 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 limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant(i.e. not self-imposed); (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 610 Whedbee Street Petitioner's Name, Heidi Shuff if not the Owner City Fort Collins, CO Petitioner's Relationship Architect to the Owner is Zip Code 180524 Petitioner's Address 715 W. Mountain Avenue Owner's Name John &Valerie Melia Petitioner's Phone# 970-231-1040 Code Section(s) 4.8(D)(6) &4.8(E)(6)(b) Petitioner's Email heidi@studio-s-arch.com Zoning District NCM Additional n/a Representative's Name Justification(s) 3. Nominal and inconsequential Representative's Address Justification(s) 3. Nominal and inconsequential Representative's Phone# Justification(s) Additional Justification Representative's Email Reasoning See attached If not enough room, additional written information may be submitted 1/10/22 Date Signature Updated 02.18.20 Application Request for Variance from the Land Use Code Variance Requests for 610 Whedbee Street January 10, 2022 Reasoning: 1) Variance to Section 4.8 (D)(6) of the Fort Collins Land Use Code,to allow a 692 square foot accessory building- nominal and inconsequential way when considered in the context of the neighborhood. a. The lot is 9,500 SF,which is the largest standard lot size in this zone district- nearly double the area of the minimum lot area in the NCM zoning of 5,000 SF for single family or two-family dwellings. A 600 SF garage on a 5,000 SF lot would equate to 12%of the lot area, while the proposed 692 SF garage on this 9,500 SF lot is only 7%of the lot area (vs. 6%of the lot area with a 600 SF garage on a 9,500 SF lot). b. The garage steps in at both the east&west elevations, which reduces the overall massing and scale of the structure. c. The height of the proposed structure is less than 20'tall at the peak,whereas a 24'tall detached accessory structure with habitable space would be allowed on this property. d. We are still well within the requirements for the allowable area on the lot (2,713 SF proposed vs. 3,625 SF allowed), and for the allowable area on the rear 50% of the lot (1,057 SF proposed vs. 1,567 SF allowed). 2) Variance to Section 4.8 (E)(6)(b) of the Fort Collins Land Use Code,to allow a small section at the peak of the proposed gable dormer on the south side of the garage to exceed the allowable eave height- nominal and inconsequential way when considered in the context of the neighborhood. a. If the area above the garage was considered habitable space, a 13' eave height would be allowed along the side lot line (vs. 10' if there is not habitable space), and a variance would not be required. b. The proposed dormer would not negatively affect the neighboring properties: i. The dormer is located on the south side of the garage, is setback from the south property line 19', and is less than half the width of the south wall of the garage, resulting in minimal impact to the neighbor to the south. ii. With the dormer on the south side of the garage roof,the neighbor to the north would not be affected, including with respect to solar access on their property. s t u d i o arch i t e c t u r e 715 W. Mountain Avenue Fort Collins, CO 80521 January 10, 2022 City of Fort Collins Land Use Review Commission 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Requests for 610 Whedbee Street To Whom It May Concern: On behalf of my clients,John and Valerie Melia, I am requesting two variances to the Fort Collins Land Use Code in order to construct a new 692 SF garage, accessed from the alley,to house their boat and one of their vehicles and to provide an area for woodworking and other hobbies. They are proposing to remove the two existing garages on their property, which are both in very poor condition, prior to the construction of the new garage. The first variance is to Section 4.8 (D)(6) of the Fort Collins Land Use Code, to allow a 692 square foot accessory building. I believe the proposed garage would not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood for many reasons. First of all,the lot is 9,500 SF, which is the largest standard lot size in this zone district- nearly double the area of the minimum lot area in the NCM zoning of 5,000 SF for single family or two-family dwellings. A 600 SF garage on a 5,000 SF lot would equate to 12%of the lot area, while the proposed 692 SF garage on this 9,500 SF lot is only 7% of the lot area (vs. 6%of the lot area with a 600 SF garage on a 9,500 SF lot). Second,the garage steps in at both the east&west elevations, which reduces the overall massing and scale of the structure. Based on the dimensions of the boat that the owners intend to house in the north section of the garage, a depth of 28' is required in that area,with the car garage to the south stepping in to a 25' deep, which will allow a vehicle to be parked with area for a workbench at the west wall. Additionally,the height of the proposed structure is less than 20'tall at the peak, whereas a 24' tall detached accessory structure with habitable space would be allowed on this property. Lastly, we are still well within the requirements for the allowable area on the lot (2,713 SF proposed vs. 3,625 SF allowed), and for the allowable area on the rear 50%of the lot (1,057 SF proposed vs. 1,567 SF allowed). The second variance is to Section 4.8 (E)(6)(b) of the Fort Collins Land Use Code,to allow a small section at the peak of the proposed gable dormer on the south side of the garage to exceed the allowable eave height. The owners would like a gable at the south side of the garage to provide additional head room & natural light into the attic area above the car garage, which they would like to use for additional storage. I believe the proposed gable dormer would not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood for two reasons. First, if the area above the garage was considered City of Fort Collins Zoning Board of Appeals August 13, 2019 Page 2 habitable space, a 13' eave height would be allowed along the side lot line (vs. 10' if there is not habitable space), and a variance would not be required. Second,the proposed dormer would not negatively affect the neighboring properties. The dormer is located on the south side of the garage, is setback from the south property line 19', and is less than half the width of the south wall of the garage, resulting in minimal impact to the neighbor to the south. With the dormer on the south side of the garage roof,the neighbor to the north would not be affected, including with respect to solar access on their property. Thank—you for your consideration. Sincerely, 64 Heidi Shuff Studio S Architecture, LLC Phone: 970.231.1040 e-mail: heidishuff@gmail.com C a •� 3 E U N m U E m �a w 95'-0" 95'-0" w ---------------------- -- --- --=-- ------- - _EXISTING= _EXISTING- LU - GARAGE GARAGE uJ co I � o o LU EXISTING— LU =HOUSE J LU Q m LV _ p I I 0 _ Z co — IL il W c!) 0 F/)U) ) U _ FRONT REAR (q AR YARD W SETBACK S l ' K LL 15'-0" 170'-0" T-0' Q U 190'-0" J Q LL Go 6M A6� �X15TING 51t P�AN�xAr: I/161,s,_o EXISTING CONDITIONS 1.10.22 Property Address: 610 Whedbee Street Lot Size: 9,500 SF(190'x 50') Property Owners: John&Valerie Melia Floor Area Ratio: 0.25+1,000 SF+250 SF allowance for Accessory Structure N'E Owner's Phone: 702499-5216 0 Allowable Total Floor Area: 3,625 SF Parcel No: 9713214015 O ° o Actual Total Floor Area: at Leaal Description: LOT 15,BILK 166,FTC Existing First Floor: 1,771SF Proposed Detached Garage: 692 SF* Zoning District: NCM Proposed Carport: 250 SF Total: 2,713 SF v Subdivision: 10166-FTC BILK 166 Allowable Floor Area on Rear 50%of lot: _ Neighborhood: 19711 4,750 SF *.33 = 1,567 SF L Setbacks: Actual Floor Area on Rear 50%of lot: ' g E Front Yard- 15 Feet Existing First Floor: 115 SF 3 a Rear Yard- 5 Feet Proposed Detached Garage: 692 SF* m Side Yard- 5 Feet Proposed Carport: 250 SF Total: 1,057 SF *Proposed variance to allow for greater than 600 SF detached accessory structure 95'-0" 95'-0" Q Q W Q -------------- f V ---------------------- - LL_------- W - PROPOSED W ry GARAGE-- NEW DECK 48'-91/2" 28'-0"_ 10,-0" W O U) _ W Z W co w o o EXISTING— L L m =HOUSE= N J W (n Q 0 0 U W W U) PROPOSED! N .� —CARPOR — L---- — Q U --------- ----------- ----." ----------- J oQCh J o FRONT W O YARD ARAG CLL SETBACK ETBAC G 167'-0" 8'-0" 190'-0" @6AF\A6F 511'� PLAN sckr v l6 SCHEMATIC DESIGN 1.10.22 i 28'-0" 4'_6" 4'_6" 10'-0" 4'-6" 4'-6" 28'-0" N. iv •� 3 E BOAT GARAGE m 0 0 0 o BELOWo a BOAT GARAGE N v t ++ U 10'-0" E 21 6'_0" 11'-01, is 10 is - I v � N m 1 1 - — — — — — 1 1.11_0„ 9'_6" 5'_0„ 9,_6„ 2,_0. 1 0 EQ EQ G6 25'-0" 2'_ G6 10 ATTIC D CAR GARAGE o 0 W J �O V V 4,-0„ 4,-0„ 4,-0„ Z (0 3'-0" 2'-6" 4'-0" 6'-0" 9'_6" 0 � O 25'-0" 2'-0" 10'-0" 6'-6" 12'-0" 6'-6" Q (n 0 11 � U ■0 ❑ a - L---------- -------- C 25'-0" 12'-0" LU CARPORTQ > U a CARPORT BELOW J CD -If O a W CO LL L----- ---- -------J L---- - -------J ■� ❑ ❑ I 1 0 1 G5 in I GS GAp.AG� p�AN Al Y PLAN 692 SF GARAGE G2 SCALD, 3/I6"=I'o" G2 sc&. :51161,-I'-o" SCHEMATIC DESIGN 1.10.22 CIS - HATCH INDICATES AREA OF PROPOSED DORMER REQUIRING AN EAVE HEIGHT VARIANCE - ' - - � Illllllllil ■ - ■LPL■ ® ® . . IHATCH INDICATES AREA OF Lu --- _ -.-. . .O- . --- - - AN EAVE HEIGHT VARIANCE C) �� - ■■■■ :_■■■■_ © , , CIS - 12" HATCH INDICATES AREA OF Ll PROPOSED DOR REQUIRING AN EAVE HEIGHT VARIANCE 8. • • ■ Lu • �� --II , II IIII = V �- • LL © IF V O, h e C a G6 .� 50'-0" v m 5'-0" 10,-0" 4'-0" 26'-0', 5'-0" _ $ o ——-- —————————————————— ——————T rm HATCH INDICATES AREA OF 3 a PROPOSED DORMER REQUIRING to of � z AN EAVE HEIGHT VARIANCE 77 z III 12" / 12" w / w a 6„ / a O o 12" $" 0/ im 2_6,� a x 1 / ATTIC x 00I x 10 T / w x / 1'-6" 10'-0" 1'-6" T-0" � o m , o W O N�v r. , zo � N c0 II CARPORT o CAR GARAGE OAT G o w W (n o x O (3) U 8'-9" CLEAR w (n W � .0 GARAGE T.O.WALL LL O �lffEL. 97'-6" W � u- GAPZA6� NOFUI-50UTH 5�CTION G5 5c&r: 1/9"-1'-0" SCHEMATIC DESIGN 1.10.22 •rl 3 E U O! m 1 G5 RIDGE BEAM,RE:STRUCT. — 2X COLLAR TIES,RE:STRUCT. L ' TJI ROOF FRAMING,RE:STRUCT. a m 6 25'-0" _ 1'-6" oty C7 � 2'-6" 2'-6" w� ATTIC v �I ATTIC FLR.BRG. EL. 106'-7 1/8" W O I I Z O (0 I I L L CAR GARAGE U I I uj W — I I � — GARAGE T.O.WALL U Job WALL CAVA6� �A5T-WF5T 5�CTION G6 scw F: 1/4"-I`011 SCHEMATIC DESIGN 1.10.22 LAND USE REVIEW COMMISSION 2022 WORK PLAN The Land Use Review Commission (LURC) will meet on the second Thursday of every month, providing that there are discussion items appearing on the regular monthly agenda. The Commission may also meet as needed in order to convene special meetings. The primary purpose of the meetings will be to hear and decide appeals of certain administrative decisions made by City staff and to authorize variances from the requirements of the Land Use Code. It is estimated that the Commission will consider approximately 50 variance requests in 2022. The Commission will review proposed Land Use Code revisions that may be necessary as the City continues refinement of the Code through the annual code update ordinance and will also explore updating the By-Laws for the Land Use Review Commission. No other special projects or issues are anticipated at this time.