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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 07/11/2024 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 JULY 11, 2024 8:30 AM • CALL TO ORDER and ROLL CALL Commission members Carron, Lawton, Shuff, and Vogel were present; members Coffman, McCoy, and San Filippo were absent. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member Lawton made a motion, seconded by member Carron, to approve the June 13, 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 ZBA240016 Address: 730 Colorado St Owner: Rebecca Benedict Petitioner: Steve Josephs, Contractor Zoning District: OT-B Code Section: 2.1.6 Project Description: This is a request to build a 2,714 square foot detached house with an attached garage. The maximum allowable floor area for a detached house in the OT-B zone is 2,400 square feet. The variance request is to exceed the maximum allowable floor area by 314 square feet. LAND USE REVIEW COMMISSION MINUTES Land Use Review Commission Page 2 APPROVED Minutes – July 11, 2024 Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located just south of E Laurel St. The property is currently a vacant lot. A public alleyway does come down the block but does not appear to be improved past the first few lots. The OT-B zone district represents a new naming convention based on the newly updated Land Use Code. That update also limited the maximum amount of floor area for a detached house within the zone to 2,400 square feet. The old Code calculated the maximum allowable floor area based on lot size. The proposal is to build a single-family residence with attached garage on the property. The proposed garage would take access from the street, which is not uncommon in this block. Based on plans submitted with the application materials, the structure otherwise meets all other standards of this sub-district, including back, front and side setbacks; the garage recesses behind the front porch, and the structure is single story. The request today is simply to allow an increase in allowable square footage. Beals noted that there does not appear to have been a previous home or structure on this lot. Vice-Chair Lawton asked to view the aerial view again and asked what the property to the southeast included. Beals responded that he believes it to be owned by the owner of the subject property as well and is an unimproved lot that is a separate parcel; it is not subject to the request today. Applicant Presentation: Applicant representative Steve Josephs, 319 E Magnolia St, Fort Collins, CO, addressed the Commission and offered comment. Josephs stated the project was designed under the old code, and the application date was missed by five days before the Code update. It would have met all of the requirements of the previous code. Josephs explained that this section of Old Town is unique in that is composed primarily of 1960’s ranches with attached garages. There is no alley access to speak of, as it has been taken over by vegetation and landscaping. If the design were for a detached garage, the allowable square footage would be 3,000 square feet. In that comparison, the proposed design is still less than what could be built on the lot in total. Josephs also noted that the adjacent lot is owned by the applicant’s parents, not the applicant directly. Vice-Chair Lawton asked for clarification regarding the direction of the staircase shown on the elevations and site plans. Josephs explained that the staircase provides access to the basement. Property owner Becca Benedict, owner, 730 Colorado St, addressed the Commission and offered additional comment. Benedict explained they had been working on the project since August of last year. Benedict confirmed the adjacent lot was owned by her parents and is not publicly accessible. Public Comment: -NONE- Chair Shuff asked staff if any additional materials had been received. Beals confirmed that one email had been received in support of the variance request. That email was provided to the Commission and will be posted as a supplemental document after the hearing. Commission Discussion: Vice-Chair Lawton acknowledged that a certain number of applications will be heard by the Commission that were “caught up” in the Land Use Code update timing. Lawton asked Beals to confirm the assertion made by Josephs that the home would comply with the Code if the garage were detached. Beals confirmed that as being correct. Beals also explained that the update in Code and allowable square footage was meant to incentivize the creation of more dwellings, rather than the construction of larger homes on individual lots within the district. Lawton stated he would be in support of the request. Land Use Review Commission Page 3 APPROVED Minutes – July 11, 2024 Commission member Carron added that because there is an unimproved alley, a rear detached garage would pose a particular hardship given the lack of reasonable access. Carron feels the proposal as submitted is reasonable and would be in support of the request. Commission member Vogel also feels the lack of reasonable alley access ought to be considered and is in favor of the application. Chair Shuff agreed with comments offered by other members. Looking past the timing of the LUC update it appears reasonable. The unimproved alley would not provide access to an attached garage, and the detached garage with street access meets the 1960s character of the neighborhood. Shuff noted that the Commission will at some point in the future need to come to grips with the updated code but acknowledge there will be some applications that are caught in between the transition of the updates. Commission member Carron made a motion, seconded by Lawton, to APPROVE ZBA240016 regarding the requested variance to Land Use Code Section 2.1.6 to allow the allowable floor area for a detached house in the OT-B zone district to exceed the maximum of 2,400 square feet by an additional 314 square feet, in order to build a detached house with an attached garage as shown in the hearing materials. The Commission finds that the variance would not be detrimental to the public good; and the variance request will not diverge from section 2.1.6 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 proposed structure is a one-story building; other building design standards are being met, such as setbacks, roof pitch, and covered porch; and the total proposed floor area is 10% less than a design with a detached garage. 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. Yeas: Lawton, Shuff, Vogel, Carron Nays: Absent: Coffman, McCoy, San Filippo THE MOTION CARRIED, THE ITEM WAS APPROVED 2. APPEAL ZBA240017 Address: 412 W Mountain Ave Owner: 412 W Mountain Avenue LLC Petitioner: Taylor Meyer, Architect, VFLA Architecture + Interiors Zoning District: OT-C Code Section: 2.1.6 Project Description: This is a request regarding a partial renovation of a detached house to increase its total square footage to 3,260 square feet. The maximum allowable floor area for a detached house in the OT-C zone is 2,400 square feet. The variance request is to exceed the maximum allowable floor area by 860 square feet. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on W Mountain Ave, just west of Meldrum St; the property abuts the alley that splits this block. This house was originally built as a detached residence, then converted to an office space, and then recently reverted back to residential use. Land Use Review Commission Page 4 APPROVED Minutes – July 11, 2024 The request today is to remove part of the addition that existed on the house, and rebuild the addition to a bit larger scale than current. The addition would include a covered porch area; that portion does not count towards total floor area. The rear portion of the house straddles the line between the front and rear of the lot; this is the portion of the home that is being renovated within the current variance request. The request is only to exceed the allowable floor area for a detached home; the proposal meets the requirements of the Code in all other areas including setbacks, rear-half ratio, and building height. Beals presented floor plans and site plans with more detail, noting that the proposed addition is one- story. Renderings and elevations of the proposed addition were presented, as well as pictures taken from the east and west alley line that show the existing rear addition to the home that is proposed for demolition and renovation. There is also a parking pad present at the rear of the property. Commission member Carron asked if this property is subject to any historical designation. Beals responded that the home is not currently designated as historic property, and single-unit detached houses are exempt from most of the historic preservation code at this point. Vice-Chair Lawton asked Beals to confirm whether or not this property was being used as a business, referring to an apparent business sign seen in pictures of the property. Beals confirmed that the property was no longer being used as a business, and the sign was a remnant from previous business use. Commission member Vogel asked if the was home non-conforming prior to the recent Code updates? Beals responded that when the was unsure if the property was conforming prior to the updates, but when Code was updated, it became non-conforming, as the existing structure exceeds 2,400 square feet. Shuff noted the lot is 9,000 square feet; would have to perform calculations to determine if it was conforming under the previous Code. Beals explained that the goal of the current limitation on square footage within this zone has the intent of encouraging development of more housing units. Vogel asked if the property would be conforming if there were business being run out of the house? Beals explained that in that scenario, the property would be considered mixed-use, and would then be subject to a different floor area allowance. Carron asked if it had stayed a commercial property; would it still be conforming? Beals confirmed. It would also then be considered a mixed-use building, which requires upgraded fire rating, sprinkler systems, etc. Applicant Presentation: Applicant representative Taylor Meyer, 419 Canyon Ave #200, Fort Collins, CO, addressed the Commission and offered comment. Meyer noted this building has been used as a business for the past 17 years and did so without changing much in the interior layout. Lisa and PJ McGovern (current owners) saw the house for sale and fell in love with it. They have a passion for restoring and respecting original homes and it is their intent to preserve original architectural details and structures. Meyer noted that the existing rear addition is not original to the home, and it is probably dated to the 1960s -70s. They have already invested in the upgrading and preservation of the home and have contacted Meyer and VFLA for assistance in renovating the rear addition. According to Meyer, this property is the owners’ last big renovation project, and they intend to stay in the residence for quite a while. The current rear addition is a bit dilapidated and stepped down from the grade of the main home. The owners would like to instead utilize that area in the proposed renovation with an even floor level. This will help to modernize the livability of the home and will allow for the creation of an open floor plan kitchen/great room area. Measures have been taken to ensure the repair and updating of the original foundation. Land Use Review Commission Page 5 APPROVED Minutes – July 11, 2024 Meyer explained that the proposed addition is about 186 square feet larger than what is proposed. However, about a two-thirds of the upper floor is largely unusable/uninhabitable as defined by the Land Use Code, due to the steep slope of the roof that creates a ceiling under minimum of 7 feet for habitability. That creates an additional habitable floor area of only 70 square feet, which is a 3% increase in total area. The home was purchased under the previous Land Use Code, and at that time all proposed changes to the property would have been allowable (this property was in the NCB zone district). The changes to the Land Use Code pose challenges to designers and builders alike. Navigating those updates has posed some challenges as designs in-process may no longer be in compliance under the new Code. Vice-Chair Lawton noted the similarities in this proposal to the previous request. This application does represent an improvement to what is there currently, as the existing rear addition is dilapidated and in need of improvement. Again, the Commission needs to consider how far out we can approve these types of design requests that were developed under the previous Land Use Code and are now seeking variance approval under the newly updated Code. Chair Shuff asked Meyer to provide detail on calculating floor area based on ceiling height. Meyer again cited Building Code language stating that floor area under ceiling height lower than 7 feet (6 ft 8 in in bathrooms) is not considered habitable. Therefore, the upper story of the addition is only about 1/3 habitable space. Shuff noted the changes in zone district NCB to OT-C, and also noted the apparent attempts to minimize massing of the addition and acknowledged the difference in floor area/habitable space calculations. This is a buffer district, and perhaps for future updates perhaps there could be a gradation of allowable floor area. Meyer offered one more point – in other homes renovations designers have the luxury of increasing floor area by taking roof off, adding dormers, etc. However, the owners of this property don’t want to impact historic architecture or street view of the property. This design attempts to conserve the nature of the property as it is now. Shuff noted this could be considered as equal to or better than justification. Public Comment: Audience member Cara Harkin, 210 E Oak, owner/general contractor, Old Town Design/Build, addressed the Commission and offered comment. Harkin stated they have been working with the property owners and Meyer to develop this project. Harkin noted that there were some structural concerns with the building. It was determined that the east and west bump outs needed to be reinforced to address a significant sag in the foundation. Asbestos has also been discovered in multiple areas that is being mitigated. When the building was converted to a business, the upstairs was finished (no permit has been found). Those upgrades were found to be not up to standard, and now that load is pushing the walls out. Thus, the foundation needs to be repaired, and masons will be utilized to rebuild the bump outs. The entire structure needs to be reinforced. The proposed addition will add to the integrity of the neighborhood and the structure itself. The main floor system is pulling away from the foundation by up to 4-6 inches in some areas. Commission Discussion: Commission member Carron noted that this is a modification of existing conditions, which will result in improvements to the overall structure. This proposal is reasonable, and if this property was designated as a historic property, it would represent a clear hardship. The project appears to follow historic preservation principles, which could lead to historic designation in the future. Vice-Chair Lawton appreciates the extra information that demonstrates the care for the building as-is an intent to preserve the overall nature and character of the building. Putting the space on one level is also a sign that the owners intend to stay in the residence and utilize it fully. On another note, the Commission needs to take into account how many of these types of applications we will be seeing after the Code updates. Commission member Carron thinks the change in use back to residential is also a nuance of this application and could also represent a unique hardship to this application. Could be a case study for the impact of the new Land Use Code to historic properties. Land Use Review Commission Page 6 APPROVED Minutes – July 11, 2024 Commission member Vogel also mentioned the change in use as being a unique consideration to this application. Chair Shuff noted the proposal represents an improvement to existing conditions and preserves the character of the structure and surrounding neighborhood. Carron asked Beals to clarify the floor area and ceiling height relationship. Beals explained that for primary structures, habitable space is calculated from outside wall to outside under the Land Use Code. For accessory structures, the ceiling height standard counts habitable space as any floor area under a ceiling height of 7 feet or greater. Commission member Lawton made a motion, seconded by Carron, to APPROVE ZBA240017 regarding the requested variance to Land Use Code Section 2.1.6 to allow the allowable floor area for a detached house in the OT-C zone district to exceed the maximum of 2,400 square feet by an additional 860 square feet, in order to partially renovate an existing house as shown in the hearing materials. The Commission finds that the variance would not be detrimental to the public good; and the variance will not diverge from Section 2.1.6 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 proposed increase is a 182 square foot difference from the existing house; other building design standards are met such as setbacks, roof pitch and height; and the property abuts an alley to the west and commercial use to the north. 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. Yeas: Lawton, Shuff, Vogel, Carron Nays: Absent: Coffman, McCoy, San Filippo THE MOTION CARRIED, THE ITEM WAS APPROVED • OTHER BUSINESS • ADJOURNMENT The meeting was adjourned at 9:25am Meeting minutes were approved during the August 8, 2024 LURC Regular Meeting by all present.