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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 05/09/2024 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 MAY 9, 2024 8:30 AM • CALL TO ORDER and ROLL CALL All commissioners were present with the exception of Vogel. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member San Filippo made a motion, seconded by member Coffman to approve the April 11, 2024, Regular Meeting Minutes. The motion was approved by all members present; Vice-Chair Lawton voted to abstain due to his absence at the April 11, 2024, meeting. • CITIZEN PARTICIPATION (Items Not on the Agenda) -NONE- • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA240010 POSTPONED TO JUNE 2024 Address: 300 E Lincoln Ave Owner/Petitioner: Haley Devon Zoning District: R-L Code Section: 3.8.3(1) Project Description: This is a request to operate a home occupation from an accessory building rather than a dwelling. 2. APPEAL ZBA240011 WITHDRAWN Address: 629 Smith St Owner: Tom Carney Petitioner: Josh Roloff, Contractor LAND USE REVIEW COMMISSION MINUTES Land Use Review Commission Page 2 APPROVED Minutes – May 9, 2024 Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description: This is a request for an existing accessory building to encroach 2 feet 1 inch into the required 5-foot side setback. The proposed addition to the accessory building will not encroach into the required setbacks. 3. APPEAL ZBA240012 Address: 407 E Prospect Rd Owner/Petitioner: Dudley and Mary Griggs Zoning District: L-M-N Code Section: 3.5.2(E)(3), 3.5.2(E)(5) Project Description: This is a request for two variances: 1. Request for an existing accessory building to encroach 3 feet into the required 5-foot side setback. 2. Request for an accessory building with habitable space to be 1,080 square feet. The maximum floor area for an accessory building is 800 square feet. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located mid-block on E Prospect Rd., between Whedbee St and Peterson Pl. The request is to build an upper story addition onto an existing accessory building. While presenting an aerial view of the property, Beals noted the presence of a driveway coming off of E Prospect; the driveway is shared between the subject property and the neighboring property to the west. Vehicular access to the accessory building would be taken from this driveway. Additionally, a neighboring accessory building is visible in the background of photos of the property. Site plans of the property show the existing encroachment of the current detached garage/accessory building. The plan is to build a second story addition on the accessory building and maintain the current 2-foot encroachment. There is a sewer line beneath the shared driveway that extends to this property and the abutting property. The proposal also includes extending this sewer line to the accessory structure. Pictures of the driveway show two garages that both take access from the shared drive. Both garage structures encroach into their respective side setbacks. Between the buildings is a utility pole and utility meter. Beneath the garage and shared drive is a sewer line that ties into the main. The proposed addition would match the architecture of the primary residence by including a gabled roof. The upper story would be looming onto an existing garage on the adjacent lot; the garage does not currently include habitable space. No elevations were provided by the applicant, but the design was described in the narrative as being less than 24 feet tall, and while matching the design of the primary it is still subservient in scale. Chair Shuff asked if the new Land Use Code updates include any changes for LMN zone regarding accessory buildings like this? No, per Beals. Applicant Presentation: Applicant Dudley Griggs, 407 E Prospect Rd, Fort Collins, CO, addressed the Commission and offered comment. Griggs stated that the home was purchased about a year ago; interests are in placing an architecturally matching gabled roof on the garage. The idea behind the plan is to utilize the south facing wall for placement of solar panels. No further encroachments are planned. Vice-Chair Lawton asked what is the purpose of extending sewer line? Griggs stated the goal of extending the sewer line is to provide bathroom and small living room spaces in the proposd addition for his two adult daughters to utilize. There are no plans to install a range or cooktop. No natural gas will be run to the property; electric service will be taken from existing meter. Land Use Review Commission Page 3 APPROVED Minutes – May 9, 2024 Member San Filippo asked if the garage is heated? Griggs responded that the garage is not heated but is well insulated. San Filippo asked if it would be heated as part of the proposal; Griggs indicated only the new second story would be heated. Heat will be provided by a heat pump utilizing solar power and a battery back-up array. The existing sewer line is 6-inch clay and well protected from freezing. San Filippo asked if the existing utility pole between the garages will be removed? Griggs answered that the pole currently holds a wire; it will need to be raised or relocated according to utility provider. Chair Shuff noted the proposed addition is 2 feet from the property line. Has the applicant explored with the Building Department any potential restraints regarding fire-rated materials that may be required? Griggs explained that this is the first step, and they have not yet engaged with the Building Dept. Shuff commented that windows on the encroaching side may be an issue. Has the proposal considered stepping the second store an additional 3 feet in, to comply with encroachment? Griggs has not yet explored that option but could if needed/required. Public Comment: -NONE- Commission Discussion: Member Carron sees this as a reasonable request, given the constraints. Fire rating may be necessary through the Building Department. This feels like a good use of existing space and structure. Member Coffman feels this is a reasonable request. Access does not appear to be an issue according to aerial views. The additional square footage is 280 square feet but given the form of the gabled roof there will be less than that amount that is actually under a 7-foot roof. Member San Filippo agrees with comments offered by both Carron and Coffman and is in support of the variance request as proposed. Vice Chair Lawton agrees with previous comments. The proposed addition matches the character of the home and neighborhood. Plans appear to be well thought out and are a good use of space. Chair Shuff stated he could support this variance. Compliance may be addressed with a narrowing of the design, but that could become a structural challenge. Context is important, and this building is surrounded by other similar accessory buildings. Commission member Coffman made a motion, seconded by Carron, to APPROVE ZBA240012 regarding the requested variance to Land Use Code Sections 3.5.2(E)(3) to allow an encroachment of 3 feet into the minimum side yard setback requirement of 5 feet; and the requested variance to Land Use Code Section 3.5.2(E)(5) to allow the allowable floor area of a detached accessory building to exceed the maximum of 800 square feet by an additional 280 square feet, in order to construct a second story addition to the existing accessory building as shown in the hearing materials. The Commission finds that the modification would not be detrimental to the public good; and the variance request will not diverge from section 3.5.2 except in a nominal and inconsequential way and will continue to advance the purposes of the Land Use Code contained in Sections 1.2.2 in consideration of the following facts: The encroachment is adjacent to a garage on the abutting lot that also encroaches on its side setback; there is an established shared relationship between the subject property and the property to the west through sewer lines and driveway; the proposed addition is lower than the primary house; and the design of the addition preserves an existing structure and compliments the primary structure. This decision is based upon the agenda materials, the information and materials presented during this hearing, and the Commission discussion. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions in the staff report. Land Use Review Commission Page 4 APPROVED Minutes – May 9, 2024 Yeas: Carron, Shuff, Coffman, McCoy, Lawton, San Filippo Nays: Absent: Vogel THE MOTION CARRIED, THE ITEM WAS APPROVED • OTHER BUSINESS -LUC approved on Second Reading – in effect May 17. -Justin Moore, Lead Senior Zoning Inspector, will sub in June -Brad Yatabe – clarified the vote for abstention. Yatabe’s position is that even if a meeting is missed, one can still vote “yes” to administratively adopt the minutes as presented. In a wider context, an abstention counts as an affirmative vote. Also, legal counsel can continue to assist with drafting of motion language. • ADJOURNMENT The meeting was adjourned at 9:03am Meeting Minutes were approved during the June 13, 2024 LURC Regular Meeting. All members present voted to approved the Minutes.