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HomeMy WebLinkAboutLand Use Review Commission - Minutes - 12/14/2023 Ian Shuff, Chair Dave Lawton, Vice Chair David Carron Nathaniel Coffman John McCoy Philip San Filippo 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 14, 2023 8:30 AM • CALL TO ORDER and ROLL CALL All Commission members were present with the exception of members San Filippo and Vogel. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member Coffman made a motion, seconded by Lawton to approve the November 9, 2023, Regular Hearing Minutes. The motion was approved; San Filippo and Vogel were absent; Carron abstained from voting. • CITIZEN PARTICIPATION (Items Not on the Agenda) -NONE- • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA230026 Address: 501 Edwards St Owner: On Track Homes LLC Petitioner: Adam Jaspers Zoning District: N-C-M Code Section: 4.8(D)(2)(a)2 Project Description: This is a request for a variance to exceed the maximum allowable floor area by 150 square feet. The current maximum allowable is 2,480 square feet. LAND USE REVIEW COMMISSION MINUTES Land Use Review Commission Page 2 APPROVED Minutes – December 14, 2023 *Prior to beginning Staff Presentation, Noah Beals took the opportunity to orient the Commission to new legal counsel, as there have been some staffing and assignment changes in the City Attorney’s Office. Beals introduced the Commission to Assistant Attorney Brian Yatabe, as well as newly assigned Assistant Attorney Madelene Shehan, who will be our primary legal partner moving forward. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located at the corner of Edwards St and Whedbee St. The Commission has heard previous variances for this property during past hearings, which granted a new primary house to be built with modified side setbacks along Whedbee street. Today’s request is to build a detached garage in the rear of the lot, with access from the alley. The proposed garage would be located where the existing parking pad currently sits. The request is for an additional 150 square feet of floor area for the lot. Beals explained that when the home was built, the allowable floor area for the lot was maximized. However, the Code does allow for a “bonus” of 250 additional square feet for a detached accessory structure. The proposed accessory structure is 400 square feet, so the variance request is asking to allow the remaining 150 square feet not covered by bonus area allowance. Beals presented images of the lot as it is currently configured, including site plans and aerial views, as well as a site plan for the proposed garage structure. A rendering of the proposed garage was also presented, depicting the current primary residence as well as proposed garage structure and fencing. Applicant Presentation: Applicant Adam Jaspers, 36763 Bryan Ave, Windsor, CO, addressed the Commission and offered comment. Jaspers acknowledged there was a previous application for this garage, wherein the Commission determined that the proposed structure was too big. The garage has since been scaled down by 50% and now measures 20 feet x 20 feet. This lot has a very large ROW on the west side, which is 15.5 feet x 120 feet, or almost half the size of the subject property lot. Therefore, the lot appears to be much larger than what is officially deeded. The new garage structure would be set back almost 30 feet back from the sidewalk. There are several constraints inherent in the subject property lot due to it being a corner lot. If side setbacks were maintained per code, it would only allow for a house that was 14 feet wide. Jaspers stated they had spent some time speaking with adjacent neighbors – some have been in the neighborhood for a very long time, some are even second-generation neighborhood residents. According to Jaspers, none of the neighbors that were spoken with voiced any concerns about the proposed garage. Whedbee is a unique street, as it has homes that front numerous directions, as well as in- neighborhood commercial properties/businesses. The proposed garage would be in keeping with the character of the neighborhood. Public Comment: Audience member Ted Shepherd, 530 Sycamore St, addressed the Commission and offered statements of support. Shepherd stated that his lot was also similar in that it is a 50 x 190-foot lot, and Shepherd noted that the subject property has adequate setback even with the requested variance. The rhythm of the street is along the 50-foot lot sides, along Sycamore. Along N Whitcomb, there is a mixed streetscape with areas that have sidewalks and others that don’t, as well as mixed setbacks and areas of right of way. Shepherd has planted trees, perennials, etc. to create a 70 x 190 feel lot despite his right of way encroachments. Shepherd commented that two blocks east is University Acres, which was built out to 1960’s standards, with a 54-foot right of way. The 15-foot corner-side setback makes perfect sense in the University Acres neighborhood but is not as appropriate for the subject property neighborhood. Commission Discussion: Land Use Review Commission Page 3 APPROVED Minutes – December 14, 2023 Vice-Chair Lawton stated his opinion that this is a good plan. Support from the neighborhood is also acknowledged, and the proposed garage seems to be within the character of the neighborhood and would utilize currently unused open space on the subject property. Commission member Coffman agreed with Lawton’s statements, suggesting a justification of hardship as basis for approval of the variance request. Commission member Carron commented that he would support the request and appreciates the attention to detail keeping design consistent with the primary structure. Chair Shuff noted the requested increase represents a 6% increase over allowable floor area. The garage helps to “anchor” the property. Shuff notes some of the hardships are self-imposed, as the primary structure was built to the maximum allowable floor space. Overall, the request is reasonable and poses no issues. Commission member Coffman made a motion, seconded by Carron, to APPROVE ZBA230026 for the following reasons: the variance is not detrimental to the public good; the additional right of way on the back side of the sidewalk along Whedbee St. gives the appearance of a larger lot; vehicle access remains from the alley. Therefore, the variance request will not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the Land Use Code contained in Section 1.2.2. Yeas: Lawton, McCoy, Shuff, Carron, Coffman Nays: Absent: San Filippo, Vogel THE MOTION CARRIED, THE ITEM WAS APPROVED • OTHER BUSINESS -One appeal has been submitted to the Commission for the January 2024 hearing -Land Use Code updates are being challenged via citizen petition; Beals will continue to provide updates to the Commission as they are available. • ADJOURNMENT The meeting was adjourned at 8:54am. Meeting Minutes were approved at the January 11, 2024 LURC Regular Meeting. All members present voted to approve the Minutes, with the exception of Member San Filippo, who abstained.