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Home My WebLink About03/13/2025 - Land Use Review Commission - AGENDA - REGULAR MEETINGLAND USE REVIEW COMMISSION REGULAR MEETING City Council Chambers – 300 Laporte Ave, Fort Collins, CO 80521 1 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Approval of the February 13, 2025 Minutes. 4. PUBLIC PARTICIPATION Public Participation for items not included in the agenda. 5. VARIANCE REQUESTS a. APPEAL ZBA250002 Address: 1105 W Mountain Ave Owner: Timock Family Rentals LLC Petitioner: Taylor Meyer, Architect, VFLA Architecture + Interiors Zoning District: OT-A Code Section: 2.1.6 Project Description: This is a request to exceed the maximum allowable floor area for a proposed 3,007 square-foot detached house. The maximum allowable floor area for a detached house in the OT-A Zone District is 2,400 square feet. The request is to exceed the maximum allowable floor area by 607 square feet. Additional items are included on Page 2 of the Agenda. Participation in the Land Use Review Commission Meeting on Thursday, March 13, will only be available IN PERSON in accordance with Section 2-73 of the Municipal Code. The meeting will begin at 8:30am in City Council Chambers, 300 Laporte Avenue Documents to Share: If residents wish to share a document or presentation, City Staff needs to receive those materials via email by 24 hours before the meeting. Please email any documents to nbeals@fcgov.com. Individuals uncomfortable with public participation are encouraged to participate by emailing general public comments 24 hours prior to the meeting to nbeals@fcgov.com the 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. If you need assistance during the meeting, please email kkatsimpalis@fcgov.com. LAND USE REVIEW COMMISSION REGULAR MEETING City Council Chambers – 300 Laporte Ave, Fort Collins, CO 80521 2 b. APPEAL ZBA250003 Address: 1125 S Shields St Owner/Petitioner: Richard & Cynthia Previte Zoning District: OT-C and MMN Code Section: 4.3.5(C)(6) Project Description: This is a request to replace the existing six-foot fence with an eight-foot fence along the rear (west) and side (north) property lines. The maximum allowable fence height for a fence within any required rear- or side-yard setback is six feet. The request is to exceed the maximum allowable fence height in these areas by two feet. 6. OTHER BUSINESS 7. ADJOURNMENT 2/13/25 – LURC MINUTES – DRAFT 1 Land Use Review Commission REGULAR MEETING Thursday, February 13, 2025 – 8:30 AM City Council Chambers, City Hall – 300 Laporte Ave, Fort Collins, CO 80521 1. CALL TO ORDER: 8:30 AM 2. ROLL CALL Board Members Present – Coffman, Lawton, Shuff, Vogel, McCoy Board Members Absent – San Filippo, Carron Staff Members Present – Noah Beals, Kory Katsimpalis, Madelene Shehan Guest(s) – NONE 3. PUBLIC PARTICIPATION -NONE- 4. APPROVAL OF MINUTES Commission member Coffman made a motion, seconded by Vice-Chair Lawton, to approve the January 9, 2025, Minutes as written. The motion passed unanimously. 5. VARIANCE REQUESTS a. APPEAL ZBA250001 Address: 415 S Mason St Owner/Petitioner: Debra Ryan, Owner, Restaurant 415 Zoning District: D Code Section: 5.16.2 Project Description: There are two requests associated with this variance application: 1. An after the fact request for an existing 9-foot-tall painted wall sign to exceed the maximum allowable height by 4.5 feet. The maximum allowable height for this sign type and site conditions is 4.5 feet. 2. An after the fact request to exceed the maximum allowable sign are allowance for the property to account for the painted wall sign. Based on overall sign allowance based on property frontage, this property currently has 117 square feet of additional allowable sign area available. The sign in question is approximately 207 square feet. The request is to therefore exceed the amount of available sign area allowance by 90 square feet. *The project description was subsequently updated after public posting; please refer to the Staff Report included in Agenda Packet for updated description and sign measurements* Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located near W Magnolia and W Mason Streets, just south of W Magnolia St. The building was originally built as a laundry mat and has since been converted into a restaurant. The request today is to obtain a permit for a wall sign (mural) that was painted directly onto the side of the building. Beals presented street-view photographs of the property, noting that the sign in question is not visible from the front of the building. Beals explained that at times property owners may place a sign/mural on the 2/13/25 – LURC MINUTES – DRAFT 2 building with thinking that it is considered artwork but may not realize that per Code this type of artwork/mural is considered to be a sign. The first message within the top of the sign (displaying the text “Restaurant 415”) is oversized height. In this zone district, the maximum size height is 4.5 feet; the sign exceeds this heigh by an additional 1.33 feet. The second message within the lower portion of the sign (displaying the text “Think Local”) does not exceed the sign height allowance but does exceed the overall allowable sign square footage that is allowed for the property. Beals noted that the project description and measurements have been updated since the original posting, and the request is now treating the wall mural as two separate signs with separate messages. Measurements were thus taken of each sign separately which resulted in a decreased area that is calculated as over the allowable sign area. This sign is on the north side of the building, facing into the business parking lot. From street view, the sign is not visible from the public right of way until entering the drive for the parking lot. Referencing other signs on the building, Beals noted they currently count against the sign allowance; remaining allowance is not enough to include the sign in question, leading to the need for a variance request. Commission member McCoy asked Beals if the north side of the building is considered to be along Mason? Beals answered no, the sign allowance is generated by the east side of the building, which is along the frontage of public right of way. Signs can be placed on any side of the building. Applicant Presentation: Applicant Debra Ryan, owner, Restaurant 415, addressed the Commission and offered comment. Ryan stated that when the sign was created, it was done as an attempt to stay open in a tough environment for small businesses. The goal was to generate interest and visits to the business and improve visibility. Ryan noted she was a previous owner of Snooze and previous member of the DDA. The sign is another way to drive foot and vehicle traffic to their business. Ryan noted her commitment to Old Town and desire to remain in business. Public Comment: -NONE- Commission Discussion: Commission member Coffman is in support of the variance, believing the sign was put up in good faith and without malice. Other buildings in the area include mural signs of similar size and style. Vice-Chair Lawton notes some mitigating issues that affect vehicular traffic into the restaurant location and appreciates the desire to improve visibility. The character of the city includes many murals and public artworks, and this sign is not out of character considering other works in the area. Lawton is in support of the variance. Commission member McCoy is in support of the variance, noting it has a “Super Woman” vibe. Commission member Vogel is in support of the variance request. Chair Shuff is in support of the variance, noting the potential hardship created by the located of the business along the Mason Street corridor. Commission member Coffman made a motion, seconded by member to APPROVE ZBA250001, regarding the requested variance to Land Use Code Sections 5.16.2 to allow a painted wall sign to exceed the maximum allowable height of 4.5 feet by an additional 1.33 feet, and to exceed the property’s maximum allowable sign area allowance of 114 square feet by an additional 67 square feet, as shown in the materials for this hearing. 2/13/25 – LURC MINUTES – DRAFT 3 The Commission finds that the variance would not be detrimental to the public good; and the variance will not diverge from Section 5.16.2 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 side of the building has limited view from the public right of way; and the sign heigh varies through the message, and some parts of the message do comply with Section 5.16.2. 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 his hearing. Yeas: Coffman, Lawton, Shuff, Vogel, McCoy Nays: Absent: San Filippo, Carron 6. OTHER BUSINESS Reminder that next month (March) will be the last month of service for two members due to term limits. 7. ADJOURNMENT The Meeting was adjourned at 8:48 AM. Agenda Item 1 Item # 1 - Page 1 STAFF REPORT March 13, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250002 PROJECT DESCRIPTION Address: 1105 W Mountain Ave Owner: Timock Family Rentals, LLC Petitioner: Taylor Meyer, Architect, VFLA Architecture + Interiors Zoning District: OT-A Code Section: 2.1.6 Variance Request: This is a request to exceed the maximum allowable floor area for a proposed 3,007 square-foot detached house. The maximum allowable floor area for a detached house in the OT-A Zone District is 2,400 square feet. The request is to exceed the maximum allowable floor area by 607 square feet. COMMENTS: 1. Background: The property is annexed into the City part of the Scott Sherwood Addition. It received development approval a single unit dwelling part of the Scott Sherwood subdivision in 1907. The existing primary building was built in 1923. This existing building is approximately 1,500 square feet. The proposed design is for a single-story house. The design meets building height requirements and includes an attic space. However, portion of the house has a ceiling height that exceeds 14 feet. This portion of the house is under the attic and is not the tallest part of the house. The code requires spaces that are greater than 14 feet in height to be counted as twice the floor area. This is an effort to keep buildings within the context of the Old Town neighborhood and prevent large buildings from looming over neighboring properties. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval and finds that: • The variance is not detrimental to public good. • The proposed building does not exceed the allowable building height. • The subject area slopes to 17 feet 3 inches and is only 5% of the total floor area. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 4. Recommendation: Staff recommends approval of APPEAL ZBA250002. and reviewed by the Building Department separately. Application Request for Variance from the Land Use Code The Land Use Review Commission has been granted the authority to approve variances from the requirements of Articles 3 and 4 of the Land Use Code. The Land Use Review Commission shall not authorize any use in a zoning district other than those uses which are specifically permitted in the zoning district. The Commission may grant variances where it finds that the modification of the standard would not be detrimental to the public good. 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 way 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 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 Land Use Review Commission 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 meeting Location: 300 LaPorte Ave, City Hall Council Chambers (instructions will be emailed to the applicant the Monday prior to the hearing) Date: Second Thursday of the month Time: 8:30 a.m. Variance Address Petitioner’s Name, if not the Owner City Fort Collins, CO Petitioner’s Relationship Choose One from List Representative’s Address Justification(s) Additional Justification Representative’s Phone # Additional Justification Representative’s Email Reasoning WRITTEN STATEMENT EXPLAINING THE REASON FOR THE VARIANCE REQUEST REQUIRED VIA SEPARATE DOCUMENT. Date Signature Strength in design. Strength in partnership. Strength in community. VAUGHT FRYE LARSON ARONSON architects 419 Canyon Ave, Suite 200 Fort Collins, CO 970.224.1191 108 East Lincolnway Cheyenne, WY 307.635.5710 w w w . v f l a . c o m 02-05-2025 City of Fort Collins Land Use Review Commission 281 North College Avenue Fort Collins, CO 80524 RE: Variance Request for 1105 West Mountain Avenue To Whom it May Concern, On behalf of the property owners, Krystl and Adam Timock, I am requesting a variance to Land Use Code section 2.1.6 regarding the maximum allowable floor area of a Detached House in the OT-A zone district for the property located at 1105 West Mountain Avenue. The maximum allowable floor area for a Detached House in the OT-A Zone District is 2400 sf while the proposed design has a floor area of 3007 sf which exceeds the maximum allowable floor area by 607 sf. The proposed home is a single-story structure, and the floor area of the footprint of the home is less than 2400 sf. However, in Article 7 under the Rules of Measurement for Floor Area, subsection (B)(2)(a), the floor area of high-volume spaces (where the distance between the floor and the ceiling is greater than 14’) is calculated at 200%. The dining and living room area has a ceiling height that slopes up from 14’ to 17’-3”. There is 608 sf of floor area with this high-volume space. Because of this rule of measurement, the defined Floor Area of the house exceeds the maximum allowed floor area by 25%. However, the increase in volume inside the house as compared to that of the same design without the high-volume space is only a nominal 5% difference. Please refer to the attached drawings and diagrams to gain a visual understanding of this minimal increase in ceiling height. It’s my understanding that the purpose of this rule for calculating the floor area of high-volume spaces at 200% is to limit excessive massing. In this specific case, the approval of the requested variance is inconsequential to the mass of the structure; it will not change the exterior appearance of the proposed design in any way. The design of the roof planes, slopes and heights will remain as depicted in the attached drawings whether the requested variance received approval or not. The only change is that the homeowners will get to enjoy a slightly higher ceiling in their dining and living room area if the variance request is approved. One may wonder if a high-volume space offers the homeowner an opportunity to build an additional floor structure inside their home (in the form of a mezzanine, loft or an entire upper level), if not now then at another time in the future, and therefore they would benefit from increasing the floor area of their home in excess of the allowed floor area for their property. It is not the intent of the design of this high ceiling to offer such a feature. The value of the high ceiling in the dining and living room area is far greater than the value gained from having a second level floor in this area. The dining and living room area is in the middle of the house which would be the darkest area of a home; but the high ceiling combined with clerestory windows offer a more comfortable entertainment space with better natural lighting. Additionally, a second level floor would not be a reasonable feature, it would decrease the value of the design because there wouldn’t be sufficient space for a minimal 8’ ceiling on both levels. VAUGHT FRYE LARSON ARONSON architects 419 Canyon Ave, Suite 200 Fort Collins, CO 970.224.1191 108 East Lincolnway Cheyenne, WY 307.635.5710 w w w . v f l a . c o m The proposed increase of allowable floor area of the lot will not be detrimental to the public good and it will not diverge from the standards except in a nominal and inconsequential way when considered in the context of the neighborhood for the following reasons: · The floor area of the enclosed footprint of the home is less than 2400 sq ft. · The portion of the floor area that has a ceiling height exceeding 14’ is only a portion of the footprint, in the middle of the home, and only 5% of the total volume of the home, · And the increased ceiling height will not be perceived from the exterior of the home, it will not change the exterior design of the home. For these reasons we feel the increase in overall allowable floor area of the lot is nominal and inconsequential. Please review the attached plans and elevations. Thank you for your time in considering our variance request. 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N H Y L Q Q R E O H ? ' R F X P H Q W V ? 7 L P R F N 5 H V L G H Q F H B 5 0 $ , 1 : 2 5. 6 + $ 5 ( B N H Y L Q % 3 U Y W $ %8,/',1*6(&7,21 7,02&. 5(6,'(1&( :02817$,1$9( )257&2//,16&2 /$5,0(5&2817< 9$5,$1&(5(48(67 /,9,1*',1,1* %%%8,/',1*6(&7,21%% 6&+(0$7,&'(6,*16(7 9$5,$1&(5(48(67 &(,/,1*92/80($%29( &(,/,1*92/80($%29( Agenda Item 2 Item #2 - Page 1 STAFF REPORT March 13, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250003 PROJECT DESCRIPTION Address: 1125 S Shields St Owner/Petitioner: Richard & Cynthia Payne Zoning District: OT-C and MMN Code Section: 4.3.5(C)(6) Variance Request: This is a request to replace the existing six-foot fence with an eight-foot fence along the rear (west) and side (north) property lines. The maximum allowable fence height for a fence within any required rear - or side-yard setback is six feet. The request is to exceed the maximum allowable fence height in these areas by two feet. COMMENTS: 1. Background: The property is part of the South Shields Street Ninth annexation that occurred in 1964. It recently platted part of the Big Horn II subdivision in 2002. The primary building was constructed in 1920 prior to annexation. The applicants have expressed security concerns of people climbing the existing fences. There is a commercial use to the north and multi-unit housing to the west. The existing fence is 6 feet tall. The proposal is to erect a new 8-foot-tall fence along the north and west property lines. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval with the condition the 8-foot height does not extend past the front of the house and finds that: • The variance is not detrimental to the public good • The increase fence height faces the back of commercial buildings to the north and landscape area to the west. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 4. Recommendation: Staff recommends approval with condition of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¶V5HSUHVHQWDWLYH PXVWEHSUHVHQWDWWKHPHHWLQJ /RFDWLRQ/D3RUWH$YH&LW\+DOO&RXQFLO&KDPEHUV LQVWUXFWLRQVZLOOEHHPDLOHGWR WKHDSSOLFDQWWKH)ULGD\RU0RQGD\SULRUWRWKHKHDULQJ 'DWH6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP Variance Address Petitioner’s Name, if not the Owner City Petitioner’s Relationship to the Owner is Zip Code Petitioner’s Address Owner’s Name Petitioner’s Phone # Code Section(s)Petitioner’s Email Zoning District Additional Representative’s Name Justification(s)Representative’s Address Justification(s)Representative’s Phone # Justification(s)Representative’s Email Reasoning Date ___________________________________ Signature __________________________________________ tZ/ddE^ddDEdyW>/E/E'd,Z^KE&KZd,sZ/EZYh^dZYh/Zs/ ^WZdKhDEd͘ %XLOGLQ RGHH XLUHPHQWVZLOOEHGHWHUPLQHG QG HYLHZHGE WKH%XLOGLQ H DUWPHQWVHSDUDWHO 1125 South Shields Street 80521 Richard & Cynthia Previte (408) 839-4586 MMN richprevite@gmail.com Old Town District, High February 21, 2025 Richard & Cynthia Previte 2. Equal to or better than dditional Justification dditional Justification Our names are Richard and Cynthia Previte. We are the owners and residents of the property located at 1125 S Shields St, Fort Collins, CO 80521. The property consists of approximately 1.1 acres of land and a two story house. The house is a Craftsman style built in 1920. We purchased the property in 2004 and renovated the house and fully landscaped the land 2004-2006. It is bordered by a single family rental and Comcast utility yard on the north side, a large condominium/apartment complexes on the west and single family homes on the south. In 2004 we had a six-foot cedar wooden fence installed on the north, west and south property lines. Since 2019, we have experienced numerous incursions into our property by strangers trespassing and prowling after climbing over the fence. In addition several times the intruders kicked in the fence and gate requiring repairs. This occurred primarily late at night although some have been brazen enough to trespass in broad daylight. At times, police have been notified, but understandably, the intruders are gone before they arrive. We have a camera system for security and perhaps this as well as substantial outdoor lighting prevents further damage or attempts to force into the house. Accordingly, we believe that increasing the height of the fence from six feet to eight feet on the north and west boundaries will discourage further attempts to invade our privacy and well being. We respectfully request you grant a variance to the six foot limitation on our fence project. Attached is the application, maps, drawings, photos and videos will be sent in 2 separate emails, for your review. I will come into your office on Monday, February 11, 2025 with the payment. Thank you, Richard Previte