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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 04/11/2024 Ian Shuff, Chair Dave Lawton, Vice Chair David Carron Nathaniel Coffman John McCoy Philip San Filippo Katie Vogel Council Liaison: Julie Pignataro 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 APRIL 11, 2024 8:30 AM • CALL TO ORDER and ROLL CALL All commissioners were present with the exception of Vice-Chair Lawton. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member Coffman made a motion, seconded by San Filippo to approve the March 14, 2024, Regular Meeting Minutes. The motion was approved by all members present. • CITIZEN PARTICIPATION (Items Not on the Agenda) -NONE- • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA240006 Address: 205 S Whitcomb St Owner/Petitioner: Daniel and Lori Feig-Sandoval Zoning District: N-C-M Code Section: 4.8(D)(5) Project Description: This is a request for a variance in order to build a 480 square foot addition (garage) onto an existing 576 square foot accessory building with habitable space (1/2 workshop, 1/2 living space). The maximum allowable floor area for an accessory building in this zone (NCM) is 600 square feet. The proposed accessory building would exceed the maximum allowable floor area by 456 square feet. LAND USE REVIEW COMMISSION MINUTES Land Use Review Commission Page 2 APPROVED Minutes – April 11, 2024 Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located near the corner of W Oak St and S Whitcomb S, and is the second property in from the corner. The request is to construct an addition to an existing accessory building that would extend towards the rear of the property. Code requires that accessory buildings be limited to 600 square feet in floor area and in footprint; and that if there are more than one accessory buildings with habitable space, that they be separated from one another by a minimum of 10 feet. This request is to exceed the square footage of 600 square feet, and not be separated but instead be connected to the existing accessory structure. The big reason for the proposed plan is the presence of a large ditch (Arthur Ditch) at the rear of the property, as well as an adjacent easement that extends beyond the center line of the ditch. This limits the ability of the applicant to build the proposed structure to meet either code requirements stated previously. The structure would be used as a workshop with some habitable space, as well as a two-car garage. Normally, flatwork (i.e. cement driveway) can be placed over a ditch but not a full building. Vehicle access is limited from the street and is now taken from the alley. Chair Shuff reiterated that the overall allowable FAR is within allowed maximum for the lot; it is just the accessory building exceeding 600 square feet. Beals confirmed this assessment as correct, noting the accessory building would still be within the allowable floor area for the overall lot, as well as the rear half of the lot. Applicant Presentation: Applicant Lori Feig-Sandoval, owner, 205 S Whitcomb addressed the Commission and offered comment. Feig-Sandoval noted that the garage is also impeded by the front of the house being in a flood plain. The house was renovated from May to December 2023. Feig-Sandoval noted that their neighbors have been supportive of previous renovations as well as the proposed garage/accessory building addition. Commission member San Filippo inquired whether two existing sheds would be removed. Feig- Sandoval states one is planned to be torn down, the other could easily be relocated or removed. San Filippo asked Beals that if the shed were to be moved to the rear of the lot, would it result in an overage of lot coverage? Beals answered that depending on the size of shed, it would not count against lot area. Needs to be smaller than 120 square feet and below 8 feet tall at the highest point. Feig-Sandoval stated the shed is smaller than the stated limits. Beals noted that the garage not being attached to the primary house is in line with others’ alley access in this zone. Public Comment: -NONE- Commission Discussion: Commission member San Filippo stated he has no issues with the application, considering the vehicular access can be maintained from alley, and noted that separation of structures is not possible given the presence of the Arthur Ditch. Commission member Coffman agreed with the points offered by San Filippo. Coffman also noted that the proposed addition would not result in increased visual impact from the street. Chair Shuff also stated his agreement. Arthur’s Ditch is a constraint to the site. The proposed addition is well under allowable FAR. While the proposed addition will double the allowable accessory size, the one-story design minimizes visual impact. Land Use Review Commission Page 3 APPROVED Minutes – April 11, 2024 Commission member Coffman made a motion, seconded by San Filippo, to APPROVE ZBA24006 regarding the requested variance to Land Use Code Section 4.8(D)(5) to allow the allowable floor area for an accessory building with habitable space in the NCM zone district to exceed the maximum of 600 square feet by an additional 456 square feet in order to construct a garage as an addition to the existing accessory building, as shown in the materials for this hearing. The Commission finds that the modification would not be detrimental to the public good; and by reason of exceptional physical conditions unique to the lot, the strict application of Section 4.8(D)(5) would result in unusual and exceptional practical difficulties and undue hardship upon the applicant not caused by an act or omission of the applicant, in consideration of the following facts: the increase in floor area does not exceed the allowable floor for the overall lot; the increase in floor area does not exceed the allowable floor area for the rear half of the lot; the ditch and easement prevent the separation standard from being met; and the addition is a single story and meets the required setbacks from the property line. This decision is based upon the agenda materials, the information and materials presented during this hearing, and the Commission discussion on this item. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this variance contained in the staff report included in the agenda materials for this hearing. Yeas: San Filippo, Vogel, Shuff, Carron, McCoy, Coffman Nays: Absent: Lawton THE MOTION CARRIED, THE ITEM WAS APPROVED 2. APPEAL ZBA240007 WITHDRAWN BY APPLICANT PRIOR TO HEARING 3. APPEAL ZBA240008 Address: 315 Alpert Ave Owner/Petitioner: Jeremy Davis Zoning District: L-M-N Code Section: 3.5.2(E)(3) Project Description: This is an after-the-fact request for a variance for a prior existing structure (3 season room patio) that was improved to the extent of being considered an addition per building services (no change in prior footprint). The existing addition is 2 feet from the property line, encroaching the side setback by 3 feet. The minimum required side setback in the LMN zone is 5 feet (deferring to 3.5.2(E)(3)). Staff Presentation: Beals explained the nature of the request, noting the addition was already partially built and now the intent of the application is to improve the existing addition, however there is no record of a permit being issued. So, the variance is necessary for this portion of the structure as an element of obtaining a building permit. Beals continued with Staff Presentation, and presented slides relevant to the appeal and discussed the variance request, noting that the property is located at Alpert Ave, between Mathews St and Peterson Ave. The lot does have alley access and significant mature tree coverage. The site plan describes the location of the existing addition, which includes a covered staircase leading down to the crawl space. Also included is a sliding glass door facing south, which now functions as the rear entrance of the house. Land Use Review Commission Page 4 APPROVED Minutes – April 11, 2024 Beals noted that the addition now encroaches 3 feet into the required 5-foot setback. The remaining 2- foot setback does allow for adequate roof drainage on to the property vs. onto the neighbors’ property. Beals reiterated that setbacks not only establish and reinforce the character of a neighborhood, they also provide adequate space for safety and first responders to access the structures. On the east side of the building there is still significant setback, as well as the alley so first responders can still access the house from all sides. Pictures taken from inside the addition show the old back door to the house as well as the staircase that are now enclosed, as well as the new sliding door. Commission member Coffman asked to clarify – was this addition present and now is more finished? Beals explained that this addition should have had a building permit when it was originally built, but that permit is now being pursued by the current owner/applicant as they continue to upgrade the addition. Chair Shuff asked if there is a rough measurement for the addition’s roof overhang? It appears to be about 6-8 inches; the applicant may be able to provide more detail. Applicant Presentation: Applicant Jeremy Davis, 2901 Ninebark Dr, Fort Collins, CO addressed the Commission and offered comment. Davis stated that he was unaware of when the addition was originally built. The house to the east was sold in 2016, and the addition is present in background of old listing photos. A roofer previously inspected the addition and estimated its age to be approximately 8-10 years. The primary house was built in the late 1940’s. Pictures of interior show state upon purchase; it has since been upgraded with new insulation, drywall, and paint in an effort to make the space comfortable and user-friendly. Someone anonymously alerted the City that there may be an unpermitted addition at the property, so Davis is now working with Damien Wilson (Chief Building Inspector) to get an after-the-fact building permit to ensure safety. Fire danger posed by encroachment is the biggest danger; Davis is working to upgrade fire-rated materials on the east side of the addition. Davis stated that neighbors have commented that it is nice to see the addition being finished and no longer an eyesore in the neighborhood. Public Comment: -NONE- Commission Discussion: Commission member Coffman stated that he is in support of variance. Access/egress has been addressed. When compared to the existing condition, the granting of the variance will allow the applicant to improve the fire rating of the structure. Member Carron agreed with the comments offered by Coffman. Concerns about fire access have been discussed and assuaged. Going through with the renovations as proposed would improve the existing condition. Member San Filippo concurs with previous comments. Chair Shuff shares the sentiments of other members. Shuff commented that the façade is about 9 feet long, so not even a big or massive addition close to property line. Commission member Coffman made a motion, seconded by Carron, to APPROVE ZBA24008 regarding the requested variance to Land Use Code Section 3.5.2(E)(3) to allow an encroachment of 3 feet into the minimum side setback requirement of 5 feet in the LMN zone district in order to bring the pre-existing addition on the applicant’s property into compliance as shown in the materials for this hearing. Land Use Review Commission Page 5 APPROVED Minutes – April 11, 2024 The Commission finds that the modification would not be detrimental to the public good; and the variance will not diverge from section 3.5.3(E)(3) except in a nominal and inconsequential way and will continue to advance the purposes of the Land Use Code contained in Section 1.2.2 in consideration of the following facts: the 2-foot setback provides some area for stormwater runoff; access to the rear of the property can be obtained from the alley; and visibility of the encroachment is limited. This decision is based upon the agenda materials, the information and materials presented during this hearing, and the Commission discussion on this item. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this variance contained in the staff report included in the agenda materials for this hearing. Yeas: San Filippo, Vogel, Shuff, Carron, McCoy, Coffman Nays: Absent: Lawton THE MOTION CARRIED, THE ITEM WAS APPROVED 4. APPEAL ZBA240009 WITHDRAWN BY APPLICANT PRIOR TO HEARING • OTHER BUSINESS -Appointment of new members and Election of Officers Coffman moves to nominate Shuff to Chair, seconded by member San Filippo. The motion passed unanimously. Coffman moves to nominate Lawton to Vice-Chair, second by member Vogel. The motion passed unanimously. -Additional updates: Beals noted to members that the Commission now has a new council liaison – Julie Pignataro. Beals provided a brief update of the status of proposed Land Use Code updates. • ADJOURNMENT The meeting was adjourned at 9:11am Meeting Minutes were approved at the May 9, 2024, LURC Regular Meeting. All members present voted to approve the Minutes.