HomeMy WebLinkAbout12/08/2022 - Land Use Review Commission - AGENDA - Regular MeetingShelley La Mastra, Chair
Ian Shuff, Vice Chair
Nathanial Coffman
David Lawton
John McCoy
Taylor Meyer
Katie Vogel
Council Liaison: Shirley Peel
Staff Liaison: Noah Beals
LOCATION:
City Council Chambers
300 LaPorte Avenue
Fort Collins, CO 80521
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
DECEMBER 8, 2022
8:30 AM
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
LAND USE REVIEW COMMISSION
AGENDA
Meeting Participation
Participation in the Land Use Review Commission meeting on Thursday, December 8, 2022, will only be
available IN PERSON in accordance with Section 2-73 of the Municipal Code.
The meeting will begin at 8:30 a.m. in City Council Chambers at City Hall, 300 Laporte Ave.
Documents to Share: If residents wish to share a document or presentation, City Staff needs to receive those
materials via email by 24 hours before the meeting. Please email any documents to nbeals@fcgov.com.
Individuals uncomfortable with public participation are encouraged to participate by emailing general public
comments 24 hours prior to the meeting to nbeals@fcgov.com. Staff will ensure the 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.
If you need assistance during the meeting, please email kkatsimpalis@fcgov.com.
Land Use Review Commission Page 2 November 10, 2022
1. APPEAL ZBA220035
Address: 3044 Reliant St.
Owner/Petitioner: Doug & Janine Fritch
Zoning District: L-M-N
Code Section: 3.5.2(E)(2) & 3.5.2(E)(3)
Project Description:
This is a request for two variances to build a detached pergola:
1) Request to encroach 2 feet into the 8-foot rear setback.
2) Request to encroach 6 feet into the 15-foot corner side setback.
2. APPEAL ZBA220036
Address: 1010 W Mountain Ave.
Owner/Petitioner: Patrick & Lindsey Steele-Idem
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)(2)
Project Description:
This is a request to not include ceiling height greater than 7 feet 6 inches on the second story of an
accessory building as allowable floor area.
OTHER BUSINESS
ADJOURNMENT
Application Request
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This application is only for a variance to the Land Use Code. Building Code requirements will be determined
and reviewed by the Building Department separately. When a building or sign permit is required for any work
for which a variance has been granted, the permit must be obtained within 6 months of the date that the
variance was granted.
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Petitioner or Petitioner’s Representative must be present at the meeting
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Variance Address Petitioner’s Name,
if not the Owner
City )RUW ROOLQV 2 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 __________________________________________
tZ/dd E d d D Ed yW>E/E'd,Z KE KZ d,s Z/E Z Yh d Z Yh/Z s/
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3044 Reliant Street Doug Fritch
Owner
80524 3044 Reliant Street
Doug and Janine Fritch 619-787-6274
fritchdr@gmail.com
Residential Scott Hodson
3617 Kenyon Drive
970-420-6022
scott@groundedlandscapedesigns
Shown on a separate document
11/7/22 Doug Fritch
3. Nominal and inconsequential
Additional Justification
Additional Justification
Fritch Residence
3044 Reliant Street, Fort Collins
Variance statement
To whom it may concern,
The reason for this variance request is due to the placement of a pergola in the back
yard of the address listed above. As shown on the plot plan for this lot there is a 9’ wide utility
easement that runs along the east side of the property and a 6’ utility easement that runs along
the north side of the property. No additional setbacks are mentioned in the documentation
that was provided to us, the homeowner.
This is a corner lot where room is very limited. The east half is somewhat level while the
west side is sloped. We want some patio space and some grass space in the back yard. Since
the east is flat and the west is sloped it makes sense to incorporate a patio on the east side
where there are no slope concerns and grass to the west where sloping grass can be used to
address proper drainage for the lot. A pergola is desired over a portion of the patio to provide
shade. The pergola is not attached to the house. The pergola is a small 10’ x 12’ structure that
is freestanding. It will be stained dark grey to match the color of the house and to comply with
HOA guidelines. It is not placed within any utility easements as shown in the plot plan.
However, when it was submitted to City of Fort Collins for review it was discovered that the
design is showing the pergola placed within zonin g setbacks. The pergola is only 10’ x 12’ but
due to lack of space on the lot it can’t be moved. The pergola can’t be downsized because then
it would too small for its intended use. We request a variance with these considerations in
mind:
It is an open structure with no walls on the sides. It is a simple four post design. There
is no solid roof being proposed, it is open as well. Therefore, it is not blocking any
mountain views or view corridors for neighbors. The entire size of the structure is only
10’ wide and 12’ long so it is not a large structure.
There is only one direct neighbor that is located to the north of our property. There is
a street to the east so no neighbors on that side. There are 2 indirect neighbors to the
west and northwest. This structure would only be visible to these 3 neighboring houses,
one of which would not be able to see it from inside their house. They would have to go
outside and look east to see it. We are only proposing covering half of the patio with
the pergola to limit its visual impact.
The pergola is not in any vehicular line of sight.
The pergola is not in conflict with any utilities
and reviewed by the Building Department separately.
Application Request
for Variance from the Land Use Code
The Land Use Review Commission has been granted the authority to approve variances from the requirements
of Articles 3 and 4 of the Land Use Code. The Land Use Review Commission shall not authorize any use in a zoning
district other than those uses which are specifically permitted in the zoning district. The Commission 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
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 Land Use Review Commission 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, City Hall Council Chambers
instructions will be emailed to the applicant the Monday prior to the hearing)
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) Choose One from List Representative’s Address
Justification(s) Additional Justification Representative’s Phone #
Justification(s) Additional Justification Representative’s Email
Reasoning
WRITTEN STATEMENT EXPLAINING THE REASON FOR THE VARIANCE REQUEST REQUIRED VIA
SEPARATE DOCUMENT.
Date Signature
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