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Home My WebLink About08/12/2021 - Land Use Review Commission - SUMMARY AGENDA - Regular MeetingRalph Shields, Chair Shelley LaMastra, Vice Chair David Lawton John McCoy Taylor Meyer lan 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 AUGUST 12, 2021 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://fc�ov.zoom.us/i/96817003547 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 August 12, 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 iluther@fc�ov.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: 968 1700 3547. (Continued on next page) Land Use Review Commission Page 2 August 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 jluther@fc�ov.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 ZBA210029 Address: 511 Whedbee St. Owner: Joshua and Alaina Belanger Petitioner: Allen Curtis Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description: This is a request for a variance for a new carport to encroach 3.83 feet into the 5-foot side yard setback. 2. APPEAL ZBA210030 Address: 1606 Burlington Ct Owner: Nick Berger Petitioner: Tad Bjorlie Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: This is a request for a variance to allow a deck to encroach 3 feet into the required 15-foot setback. Land Use Review Commission Page 3 August 12, 2021 3. APPEAL ZBA210031 Address: 2242 Primrose Dr. Owner/Petitioner: Stacey Hogan Zoning District: U-E Code Section: 4.2(D)(2) Project Description: This is a request to build an accessory building (shed) encroaching a total of 15 feet into the required 25-foot rear-yard setback and encroaching a total of 17 feet into the required 20-foot side-yard setback. 4. APPEAL ZBA210032 Address: 3001 Sombrero Ln. Owner/Petitioner: Tim Fangmeier Zoning District: R-L Code Section: 3.8.3(1) Project Description: This is a request to operate a home occupation that offers appointment hours between 6:OOam and 11:OOpm. The Land Use Code states that home occupations must be operated between the hours of 8:OOam and 6:OOpm. 5. APPEAL ZBA210033 Address: Owner: Petitioner: 501 Edwards St. On Track Homes, LLC Adam Jaspers Zoning District: N-C-M Code Section: 4.8(D)(2)(a)2; 4.8(E)(4) Project Description: This is a request for a variance to increase the maximum buildable floor area by 80 square feet to 2480 square feet, and to encroach 5.8 feet into the required 15-foot street side-yard setback. • OTHER BUSINESS • ADJOURNMENT Jennifer Luther From: Sent: To: Cc: Subject: Hi Noah, Ralph Shields <rshields@bellisimoinc.com> Wednesday, July 21, 2021 4:10 PM Noah Beals Jennifer Luther [EXTERNAL] Re: Land Use Review Commission (LURC) formerly ZBA, Remote Hearings I agree with staff's recommendation, thanks. Thanks Ralph Shields 970.231.7665 From: Noah Beals <nbeals@fcgov.com> Sent: Wednesday, July 21, 2021 2:49 PM To: Ralph Shields <rshields@bellisimoinc.com> Cc: Jennifer Luther <jluther@fcgov.com> Subject: 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 August 2021 meetings of the LURC and revaluate for September meeting. We understand that City Council and Planning and Zoning Commission have moved to a hybrid meeting for public hearings. We are hoping to get more feed back from their experiences before proceeding. 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 F��t��lir�� . �41aCtolm Baldri�e 1 aSi uhil i�val ii r Ar ird �'SIL' �ku�lrrl Ka�{.F}.t'n! � �t Col�ins Appl�cation Request for Variance from the Land Use Code The Zaning Boartl oi Appeals has been granted the authority to approve variances from the reguirements of Art�cles 3 and 4 of the Lancf Use Cade. The Zoning Boar� of Appeals shall not author�ze ar�y use in a zoning district other than those uses which are specifically permitted in #he zoning district. The Board may grant variances where it finds that khe modification of the standard would not be detrimental to the aublic s�ood. 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 situatlons �nique to the prape�ty, including, but not limited ta physical conditions such as exceptional narrowness, shallowriess, ar topograpl�y, the strict a�plicatian of the code requirernents would resulk in unusuai and exce�tional practical difficult�as or t�ndue hardship upon the occu�anUapplicant of the praperty, pra�ided that such difficulties or hardsh are not caused by an act ar omission of the accupantlapplicani (i.e. not se€f-imposed}; (2) the proposai will promote the general purpose of the standard for which the variance is requested eauall� well or better than would a proposal which complies with the standard #or which the variance is requested; (3) the praposal will not diverge from the Land Use Code standards excepk in a nominal. Inconseauential wa� when considered in the context of the neighbarhood. This applicatian is only for a variance to the I.and Use Code. BuildEn Code re uirsments will be determined and reviewed b the Bullding Department separately. When a build�ng ar sign psrmit is required or any wark or wh c a �ar a�ce a��i� gran e, e�ermit must be o6talned with�n 6 months of the date that the varlance was granted. However, for good cause shawn by the applicant, the Zoning Board af Appeals may consider a one-time 6 manth extension if reasonable and necessary under the iacts and circumstances af the case. An extension request must be submitted before 6 months from the c�ate that the variance was granted has lapsed. Petitioner or PatltEoner's Re resentative rtrust be resen at the meetln Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the mont� Time: 8:3� a.m. Variance Address Petitioner's Name, �� ' � if not the Owner � City �or# Colfns, CO Petit€oner's Relationship � to the Owner is � r��-••�- •�-��----� 2ip Code Owner's Name Code 5ectian{s) 2aning Qistrict lustification(sj lustiiication(sj lusti�cation(sj Choose One from List Additiona} Justification Justification Petitioner's Address Petitioner's Phone # Petitioner's Email Additeonal Representative's Name Representative's Address Representative's Phone �i Representati�e's Email Reasoni�g �t �.3 �inort P�Y 1�,� m ta�usT� 1��r..�rn�� t�v�s r�, a�� r S�� s �u, If r�otenough room, 7�rp 1f A�U �J1�'ll1f� ��/.,q�vp�� qIPL3Q, LJIR�C � 1+y�lL� �, 7'N6 �7riN4 �tl�,t addEtlonal written f�ri{ �t �I.i��+AAY C�1��L�4�!¢11r1C. 7N� s��K R�G2'T� �l}� �11�, .�l�lA�^ M'P�OBY.4l, 7�3 informaiionmay �tU3 A�WYl.�l�Ls4 f�l�i�'�f � fi�"CG�i4?"l�� 1+�l�IlS� �77�1�r 7?tE's �ISrllyl'.e be submitted �D� ��A� L�WKNS� 1�'�i°ir►14 T1if�`�'flA,p�T�; G�-`1�.lS�ANe� �U�,�,�� Date 1 � � Z � Slgnature Updated 02.1820 BUILDER: TERREL CONSTRUCTION LOT= 9,500' SQUARE FOOTAGE X � _i Z � x 0 � m m ye h o� INDICA7E5 AS CONSTRUCTED � y ELEVATION PER DEVELOPER �Oy INDICATES ELEVATION PER DEVELOPMENT PLAN 20 0 20 �� SCALE 1 "=20' SlTE PLAN 511 WHEDBEE ST N� LOT 3 BLOCK 155 FORT COLLINS ORtGIONAL TOWN PLAT S 00°00'00" E 50.00' --o---.i 0 m m DETACHED GARAGE I 31.6' --,-f�. , v m D Q x 0 � D � m 7.6' u� 9.0' z ai ;. y � 16.7' C4 Q i = Z� � i�c O -�'+ O Z t STORY p = � BRICK ;�, = � N HOUSE � �7 m � � O 11.3' (� OVERE o O PORCH `r' 14.3' �� c �'� � 5.9' Z � 0 0 O � 0 � G � � O O O ::.' := ": =.1 �;,' e: �:� '-�=� WHEDBEE STREET __ ____ SCALE: 1"=20' �� Engineering TERREt PROJECTNO. 1071 DATE: 6/�8/2021 , ,i�.OP�oration CONST. ORAWINGNO. 165 2nd ST S REVISION NO. DRAWN: saw CHECKED: SdW LOVELA 9�01�667 80100 80638 SNEET 1 oF 1 �a �p�� =I 1 R _ $ = � r � ! al �aaa 42408 opao�o� 'm�II�J J.a� 5. 2 v_I ' � W v$ . laa.µS aaqP>4M [TS �e o : _ • � � a}p+s3 � o�a8 a� � ': i d 3 x_' � 0Ct61�8 �^d �4�PPY ma�+ V �7 _ � x a ` F � S � � � . a ,c. LL a. o +.. ._ .. __ yaa�15 aa9Pa4M - .a. _ .. � ��I�I ,'; � � �� ' �� 'i��3'I I�'.., �, . � �I�'— �'� w I 5� �� I� 5• � �n�b� �_ I'� I'r� � Y 5� i I ,,, �:lil a I i � -- • � � � �. Y i F- � / F� I I 8 I III �i��\ / �,� �! �� gy I i � � ��"�I II I R �'�. I a`—� � I I $� $V 'I � '�� \�� L� � / I . . �I �. � � f" y � F�� \ B �_� I�� I � I I s l li � I � -- Ic ��. F��.� �r� I I j � � i�i� , L/�y�,,,w.�, � � I� �� il'�� I � � � �� r -- —`�I � ,� � � � a — ---_ � � - � �� ,o:�� e .� � 3 � x 's /' �`��& � .- -_, - �� i._ �I _�' �` a I ��'9 I I . I II I II f i T� _a. __......--._•--�--� t_..._ . . _. . —. - . I I r _"--d��.--�� , __— % .00'M 3 .FID AO OD s — — k�v -- t� �a � g �CF �! � ] py� r 37 g ` , k: s 9�II3i �i ��a iz?? � ti€!I d��7A7.�3 •t?a� t� :�1� F� i�=::t �, ;o�o rj'�. ; Ta�as t�isssS� s��,g ; �s,i $ > 9� si:l�8 ��1a�s t��[a� ��33s! €�it t�l��,� �� i�3 � s� aa�€F:�s �sas'63a� aaa;txa a33ese sssr sa�3ast ?�! gss 1�1��1�1lull�l�l�;d O O = 2 s� _ - 3��a LL��o; N ��Q ' ; � � �..3 0 _ _ i w 3 ��-...� a s m.� ,Y E$ �r _ � � . � S` i » ��V ' ^�� _ : . �� Ar�„": �w�i Fe _rc 3� a a a �` C�[y �5Y .a3 € F € � r§588+ �=b oo � w� w w w � EYi�x'ai �� gggg � — V � � ' � . $ g � ; � y o Q s~i � —�z; � -- : �' LL L a b2508 opau�o� 'zuilla� y.iaj � :� taa�iS ��qPa4M [IS a�v�s3 �� e��a8 , :aoj uoµiGPv roau y . _.� ._ .__ . . . I IW� N .$" �g � Q . �_ � ,�sLL —•°�3x � x �d e � a �s ~„� a .� o � \ � . ---o �f/- � I � � ��s s ��\' � � � , �� J O � � i I � ,'� a �� ,�a;z �' � 0 � s �` � II _ _ _, I.� r T�� , ,�J c> ,. _ � � �3..a _ � � � � � � o- � � ��, o� I �� - � �o � � ��s ,�,s ,o,�, - � __.,z.� �+m24 � 9- '"3��8 +filb � +�,1=b �� q bl� � - � — — _ _ —_ J• � i C a I � .1 _ � I o �' I = �3 � � il i I � �� aQ � �� _ I �� ' - I� � i� i. A i .=Q� I �%oy 'I I II I = �� i a�_ i � i �� — - -- � ` —�� = ----�1�� ; �� g =o I $ al (' � � � � 1 � � �� ' �� -', — „� i I,: � i� ,� � ,� Bwa 92908 opw+o�o� 'suilloJ J.�j ?, - iaaµs »9Pa4M [t5 ,P � a;o;s3 d'- a v�a8 ayl a 8aG191T'�e8 :.wj uoµiPDv ww y ' ?� I = � i �� / � i a , _ � � �L � ` , o d �, i ;I c � � � � m . _��_- II � 'I� � I� I'—� - � � � � � � ; d � 0 c m 0 n � .B= :rm �_ � �sLL _u3f z �t _ F� 6� �F LL _fi �� i � d W �� I n I � m � � il� �< �i-- �r__, : � I 'v �I \ i I I tu v d w N I � ca �� £ 3 2 II II� m � Q � � }y d d o 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 qood. 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 wav 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 meetinq Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address 1606 Burlington Ct Petitioner's Name, Tad Bjorlie if not the Owner City � Fort Collins, CO Zip Code Owner's Name Code Section(s) Zoning District Justification(s) Justification(s) Petitioner's Relationship to the Owner is Petitioner's Address Nick Berger Petitioner's Phone # Nominal and inconsequential Petitioner's Email Additional Representative's Name Representative's Address Additional Justification Representative's Phone # ntractor 1448 Antero Dr Loveland 80538 970-663-2868 sales@tnthomeimprovements.c in Schwettman Justification(s) � �Additional Justification � � Representative's Email Reasoning If not enough room, additional written information may be submitted in@tnthomeimprovements. 16' long deck from the house encroaches 3' into the 15' rear setback - the homeowner will be able to maximize usable backyard space as well as add value and aesthetic to the home in a nominal, inconsequential way. 06/30/2021 Tad B j o rl i e--,�d.�,.a,�,��.a��.m.�, °-.�.�oma,mo,o.eme�,, Date Signature Updated 02.18.20 1606 Burlington Ct — Setback Variance The homeowner's current deck design is at 16' out by 20' wide. This would encroach the rear setback by 3', making it 12' away from the property line. We are requesting a variance so that the homeowner can maximize their usable backyard space. The deck will also add value and aesthetic to the home. This variance would not be detrimental to the public good, and will not diverge from the Land Use Code standard except in a nominal, inconsequential way. Zx�o ied9�r n+{nc�ed ��1�2)lPdge��ot�s@!�"a,c, w w �" _.�___ �..�._�--� 5 ________— --- (Z��.x� � �. C K be n,� :� :� N�g '� �' ( (zi2xio beQ+� (�' �' �� '' A , 1 � _.� . _ _ � -----��-- - -- _� _----C� __ ._ .-- --zs- F12`�� _�__.��_ _�—�O�i��- f__—(,��,�---�tt2, CCIv�� Ca��. '�---- -- - - ------ 2 p � ------ --------a �� ra�.� ^-Z� deck posi 3b" �a5s Dn �� "�' �er eY Nous� �..� �. . ��o� ��,u��g�a,n �.:� �_��_--__ ��.�� '��,, ; r� ��25 2xlo�o�s�1 ', C l2" p.�. 1� � 1�tC� .- '�J '� x� �osts U��. A—' 1�1"� 30'' cc��ss��s � � I �' `x �" cci�is5a�5 � ��i �ra�rniv�� reo,-}�d �� 1. � B�ow�n �c�k decl�v�� ' � � � C � �1 n � 1n f � � i'+'l_�q �! Y'1 � �"�� § ��4 � � �'c`��'� � � � ' Pc��eY �o,��no�s @ Sia►rs . S�TG �G,�it/ - � /�D� �U�� /NG TG�N � C., O�i'F�T / G�.d'T L�4GG ./NS �C7�CJ.�',.�-,�c.� � . � . . . - : �'G� � � . . , . � . �...._ .: �. :�, /..� - . � . � � . . . + . . __ ' � � � -, , • jSV . : ' ' • �1� . - . . : V . .. • . . � : �� . • ` I ' ' ndY, . • . �. � 1. Q �' �. . �3d J� - \� �`� � \ � �. M. t \�' � • , . �T� ° � .��r• . . . \ '� , ' 1'=r'�' __ :�.a ,d o f � . � � �• , lo + -� . � � . � .�-_. , . ,� - , ' ��. �, �` ��.� � . �,s. � .z. , • ` C. � � � *�� 4 � � t ,�y� - � �- � �� ,�o � 'z._. �. � � . ,+ � . --� -�. , � � - � �, �.;_ � . � , A � � - � --� � . �a� � �= . . � }]Proi��s°� ��`:;��2��' �,?c�,c � � / � . � �� . O �-- � � � - � � ' �� Z� / `� . "� �v F =t. N _ � '::.- ��f � . �a_ . L�a," c�D, ,E,�/�u,�s � 9, �o /a� � �1,�c:.;� �� s ,� ''�;, o/r-� i(/�_. ?'�- G LCL EV `"� �� %�./��s.' /y�'� G/�cr,� .f� :--�:r� ...�I�c, � . !�-�%�`l/JC"fr/ ,� � /%. c.��G�':%Ju%� -r-��"'-SJ:..� . �" �� = �- / 7I /�� . �ili-. � , � {, 6l� f; �l ..:, S,� � 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 qood. 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 wav 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 meetinq Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address 2242 Primrose Drive Petitioner's Name, NA if not the Owner City Fort Collins, CO Petitioner's Relationship Same Zip Code Owner's Name Code Section(s) Zoning District Justification(s) Justification(s) 80526 to the Owner is Petitioner's Address Same 970.217.9978 staceylhogan@hotmail.com Stacey Hogan Petitioner's Phone # 4, Div. 4.2, (D Urban Estate (U-E Petitioner's Email Additional Representative's Name I3. Nominal and inconsequential I Representative's Address Additional Justification Representative's Phone # Brian Harris 2242 Primrose Drive 970.217.4751 brianiharrisla�comcast.net Justification(s) � �Additional Justification � � Representative's Email Reasoning Please see attached letter. 7/2/21 Date Signature Updated 02.18.20 July 12, 2021 From Stacey Hogan and Brian Harris 2242 Primrose Drive Fort Collins, CO 80526 970.217.9978 To City of Fort Collins Zoning Department 281 N. College Avenue Fort Collins, CO 80524 Dear Zoning Board of Appeals: We are respectfully requesting a variance related to the setbacks on our property. Our property was designated Urban Estate (U-E) when our neighborhood was annexed into the City, despite the fact that our lot dimensions are 75' x 135' (.24 acre). Our street is comprised of lots roughly the same size as ours but we are surrounded on the north and west by, and were annexed along with, much larger properties that better meet the purpose of U-E districts, as described in the city code: "The Urban Estate District is intended to be a setting for a predominance of low-density and large-lot housing." (Article 4— Districts, Division 4.2 — Urban Estate District, Section A.) Please see attached map of our property and the surrounding area. The properties adjacent to us on the west and north sides range from two to more than four and one-half acres. They are anywhere from eight to eighteen times the size of our property and yet we are zoned the same and therefore have the same setback requirements. We have submitted an application to the Building Services Department to build a 10'x16' wood shed to store landscaping and household items (no electrical/plumbing). If we adhere to the U-E setbacks as listed in city code, the placement of the shed will chop up our back yard. Instead of placing the shed 30' from the rear property line, we are requesting approval to place it 10' from the rear, which complies with the utility easement. And instead of placing the shed 7.5' from the (east) side property line, we are requesting approval to place it 3' from the side. Please see the site plan we have included with this application. The drawing shows both where we propose to build the shed (green) and where it would be located (red) if we were to adhere to the existing U-E setbacks. We are confident our proposed location for the shed would neither be detrimental to the public good nor diverge from the Land Use Code standards in anything more than a nominal, inconsequential way when considered in the context of the neighborhood and surrounding properties. We look forward to the upcoming Zoning Board of Appeals meeting and will gladly answer any questions the board may have concerning our request. Sincerely, , �--� �/,��%L'/�!/ � ��'��'/�J Stac H gan and Bri n Harris �, — � ��( � � —� _ _; � -' 1 "� �� I � ,, -- —_ _ _ ��,� t�� (� � ��, �,'..�� r fl�� ' °= � '�,'� P- �` , � � � 1 � ] !-- _►T� , _i....._.. i.__.. a � �::�� L�,�� 4��,� �� . �_ _ � � �� ;�> e i D , — -- �,�'�;�!�.�' � ;Gic�' — -- i �� rt �; - — -� — - I ! � ' , . —• -- _ - - -- � _ -I-a------ -- .--�- � �c� �. � L � v►� �- � �� e ��.�._._..�.._.._ �.�.. . __ ; � � : �1r— , � �� r�� + ,� �— �- "�- -r '�' '�' ww~ ^^s' �. ; � gY, ''�-. � � ;�- , : _-� � � ,, � ;_ _ _ ,._ � — - � . � � � ; � � � � — - --.----;-�--- _ _ -,--.— --,— :-- � � ' _I � � �4 ■ � � 1 � /'y'` ; � l � V�/A✓ � � . �' j� .__..-..'_"'__—'--'___ � T'- '_- - — � -..�_........� ............. . .. ._. 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N �fiuef i�ofa y poro j charae/ei� f o�/i� 6esv+c�{'c�� 3�,9�9s� a P �f.�Ne /.c � %ie/i//o �d .�ny /o/ u/ �c.s�.%ed o� ��.�•d �fAe 1 �� d e �r o y�oy �,.Rnao SMPfSOVEMEwIT .7/i� Mi/fi�d Cona1 uefio.� Go..�ooi+r co✓e.�o.ifs o�d ooie�s lnof fncr .r. / �w/ness eu�i n—yo'.�ds o.�d .�ee/ f�+is zL— doy� oes.,dei yp, /yba, (A/al--�e� . s�� G- f ed ic Pcf � i K / i d i =HE M=�fREO GO.US>RU�T/O.V ,CPMP9.V�' �,o,� o� ��, „do s o ..,,. e, � _ .� rna foi.yooy decioi �o., e��iof �..-�_ eore s��..s>.� (�d�<d v_�/�� ,n� .�'As�rs.� oc�oae. �90/_4.=/ G.fi�s.c �f__ :.�d ��'dcO 9�lrouf.4.. � CO.:a� �1�• �_ f' n — � �'� f.. L1Y �aloiio/ Co �.�'0�� —S�veR � R, �a�1 y v)jy „ �� I ��:' -�._�_ __,:� �_ _ _ __ �- _ _ _ . . _ _ . . __ . _ _ �.-,I / id oaf oi OeO�eofed h�ieo� , , ��"�0�—�— s..�,_,,,_ 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 qood. 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 wav 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 meetinq Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address 3001 Sombrero Ln Petitioner's Name, if not the Owner City Fort Collins, CO Petitioner's Relationship Same Zip Code Owner's Name Code Section(s) Zoning District Justification(s) Justification(s) to the Owner is Petitioner's Address Tim Fangmeier Petitioner's Phone # : Equal to or better than Petitioner's Email Additional Representative's Name Representative's Address 3. Nominal and inconsequential � Representative's Phone # 3001 Sombrero Ln, Fort Collins 402.768.3593 tim@fmhcounseling.com Justification(s) � �Additional Justification � � Representative's Email Reasoning If not enough room, additional written information may be submitted Please See Included Documents 7/13/2021 Tim Fangmeier Date Signature Updated 02.18.20 4103 E. Boardwalk Drive, Fort Collins, CO 80525 �� Mailing Address: PO Box 272845, Fort Collins, CO 80527 . 970-825-4280 FMH COUNSELING, LLC. Dear Zoning Board of Appeals, My hope is to acquire a variance regarding a home occupation that would allow me to see clients outside of the 8:00 AM to 6:00 PM window prescribed in Article 3.8.3 of the Land Use Code. I believe that the proposal will promote the general purpose of the standard as well or better than what is laid out in the Land Use Code and that it will diverge from that standard in only a nominal or inconsequential way when considered in the context of the neighborhood. I am a mental health counselor and have been working and living in Fort Collins since 2016. Over the past few years it has become clear that I would be able to be more helpful to my clients and be more present with my family if I were to have a space to see clients within my home. That began a process of exploring the available options to have a home office. My wife and I moved into our neighborhood at the end of 2016. Since that time, we have come to enjoy the neighborhood and especially the relationships we have been developing with neighbors. We landed on the option of adding on to our house in order to find a solution that would allow us to stay in the neighborhood, care for my clients well, and also honor our neighbors and the community we live in. Before attempting to dive headlong into that process and commit substantial resources toward it, though, we want to make sure that I will be able to use the new space as needed in my practice. Specifically, I would like to be able to see clients outside the 8:00 AM to 6:00 PM time frame allowed for Home Occupations in the Land Use Code. The ideal time frame would be from 6:00 AM to 11:00 PM. My goal isn't to pack this time full of clients, rather to have the flexibility to schedule at times when clients have availability. This is important for my clients, as many of them work during the hours from 8:00 to 6:00 and the only time they are able to have consistent availability for counseling is before or after work. Flexibility is doubly important for the couples I work with as they try to juggle two schedules to find the time to improve their relationship. I will now discuss why I think the proposed use would not only promote the general purpose of the standard while only diverging in an inconsequential way, but would also promote the public good of the Fort Collins Community as a whole and the Meadows East Neighborhood in particular. I believe the general purpose of the time restriction in the land use code is to prevent excessive traffic and disruption in the neighborhood, especially during hours when people are more likely to be home and the increased usage would be more noticeable. I believe this purpose would be upheld due to the very limited possible impact in addition to the intentional incorporation of design elements into the project to increase both client and neighbor privacy while also improving the aesthetics of our lot. Here is some pertinent information to help gauge the impact: 1) Our house is one block away from the entrance to the neighborhood off of Timberline Road, which is a busy main thoroughfare. This means the established patterns of noise and traffic near our house are already higher than many properties in Fort Collins generally and the Meadows East neighborhood in particular. 2) The proposed change would increase the number of cars in the neighborhood by 1.33 cars per hour in the worst case scenario, seeing couples clients back to back. 3) I recently sat outside and counted the number of cars that passed our corner on a Thursday evening from 8:00 to 9:00 PM to establish some sort of baseline. I counted 15 cars during that time. 4) Clients would not pass directly in front of any houses on their way from Timberline to our house and would pass by the sides of 3 houses. Two of these houses back directly to Timberline. 5) Our intent is to landscape in such a way as to provide privacy for clients as they enter the office space, this would also mitigate any disruption to neighbors from clients entering and exiting. 6) I am aware that I will have to put policies in place for clients that encourage them to be mindful of neighbors as they enter and exit the office, especially related to noise in the evening. 7) The nature of counseling is that clients generally appreciate privacy. This is in harmony with the desires of my neighbors who would not wish to be distracted from their evening activities by clients. 8) Clients only come to my office at prearranged times, and I can only see clients at a rate of 1 per hour for individuals and 2 per 1.5 hours for couples, so that natural limitation means there is a low ceiling for possible impact on the neighborhood. 9) For context, it is generally accepted in the counseling industry that a full client load for a counselor in private practice is seeing clients for 20 hours a week. I have seen some counselors go as high as 35 for a season, but that is not sustainable for the long term. 10) Currently I see less than '/4 of my clients outside the hours of 8:00 to 6:00 and I don't think I've ever gotten to half outside of that range. The last thing I would like to address is that this variance would promote the good of the Meadows East Neighborhood in particular and Fort Collins as a whole. Communities are strengthened when they have people that stick around. When there is lower turnover, people can develop relationships with neighbors and have a vested interest in seeing the neighborhood thrive. People are more likely to be contributors rather than consumers. That is our goal if we are able to continue to live in Meadows East. We would like to continue to grow into our niche in the neighborhood. Furthermore, Fort Collins as a whole is suffering from a lack of inental healthcare opportunities. A quick survey of the results when searching the Coloradoan's website for "Mental Health" shows this theme over the past years clearly and anecdotal evidence from my own practice shows that this past year has seen an increase in the number of people seeking help dealing with the stress and anxiety related to COVID-19. Being able to operate out of my home would allow me to take on more clients as I could more efficiently transition between home and work roles. Thank you in advance for your consideration, and I look forward to working with you to find a solution that is beneficial to everyone involved. Sincerely, 1 � Tim Fangmeier Owner, FMH Counseling, LLC I i i r� , � j 1� D Y' 100' 121' � 6' .� .� IL:]I �� i''��L�7 4 � �7��- I � c ' � � ; 10 6' � � 5ketchUp �° ` � � '- -~i '�� ,� Y . . .x . � r� ' �r � . �� - �'/ t+ _ _ _ _.: � - - - �'�,.-�: v.:`; � , .t.,i�� -� _ ;;�'_ - - , - _;,-� _: - -_ .:1:..=; �� — �fi - ,� : _ �,3��: - - `�? s=� �f�� ._ _- - - - � <' >, ;: ;=. �•. � �'- ;:�� .�y r�� 1� p�.-: j :.- �� - � -Y- � � �� •r :`�: -•.~ `� ~ ;:_`~:; '` ' :-`�:.'"--'-. ��:_:..-.' 4`=.:'y'�:i�-.r.� '_,� �� / �/ �J �+y � 4 ;a.`.' r ..'y tiy L44}y'�.'i?� .4.�fiS=.='y'=.'r°_. f-_!•�-: ��f{� /y ~ ~"��r• - �%�`'��`_- � l �� flr t y� 3a ��ti � M1~ +'+' r. 3�,�.'i s;;'i:�:�:.._S4. � � � y`ti `s t� � �t �ti t 1+ �� "Ct � �^' "" 4 ' f�� . �� R± � ti� F4` 4�y.��' �k�:4'Fi;.+}^:l. _ ��f I/� l �� . ti �� ti� -�- "4--. �.T-. �bf'Y" ��y�� .4 ��M1 `` ry `+x+'�� ,.±^� - : _ ��~ ='' � y� � �; . 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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 qood. 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 wav 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 meetinq Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address 501 Edwards st Petitioner's Name, dam Jaspers if not the Owner City � Fort Collins, CO Zip Code Owner's Name Code Section(s) Zoning District Petitioner's Relationship to the Owner is Petitioner's Address ON Track Homes Petitioner's Phone # Petitioner's Email isness owner 36763 Brian Ave Windsor CO 970-231-8632 adam@hwgcolorado.com Justification(s) I �1. Hardship Additional Representative's Name Representative's Address Justification(s) Additional Justification Representative's Phone # Justification(s) Additional Justification Representative's Email Reasoning If not enough room, additional written information may be submitted Please see attached Date Signature Updated 02.18.20 501 EdwardsSt We would ask that. To be granted a variance for building set backs that matches the neighboring interior lots. This would change our requirements to be a min 5 foot side yard width to the east and a min 5 foot side yard to the west. This would allow us to encroach 10 feet into the existing set back. CurrentSituation: 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. 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.l.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. 501 EdwardsSt We request that: We would ask that our total interior square footage allowance be increased from 2400 to 2480 sq feet Current: The lot at 501 Edwards is a 40 foot wide 140 foot long which would allow a single family home to be built that has a total of 2400sqft of interior floor space. Calculated as lots sqft x.25 +1000sqft. Proposed: We would like to increase the allowed square footage to 2480 as shown on the site plan. 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