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Home My WebLink About04/10/2025 - Land Use Review Commission - AGENDA - Regular MeetingLAND USE REVIEW COMMISSION REGULAR MEETING City Council Chambers – 300 Laporte Ave, Fort Collins, CO 80521 4/10/25 – LURC SUMMARY AGENDA 1 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Approval of the March 13, 2025, Minutes. 4. PUBLIC PARTICIPATION Public Participation for items not included in the agenda. 5. VARIANCE REQUESTS a. APPEAL ZBA250005 Address: 227 S Sherwood St Owner: Mary E Daniel / James A Kelly Petitioner: Jenny Murphy, J. Reiko Design + Co Zoning District: OT-B Code Section: 2.1.6 Project Description: This is a request for a proposed 613 square foot residential addition to extend 8.5 inches into the required 5-foot side setback. The south wall of the proposed addition will align with a portion of the existing south wall of the house that is currently 4 feet 3 inches from the property line. The minimum required interior side setback in the OT- B Zone District is 5 feet. Additional items are included on Page 2 of the Agenda. Participation in the Land Use Review Commission Meeting on Thursday, April 10, 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 4/10/25 – LURC SUMMARY AGENDA 2 b. APPEAL ZBA250006 Address: 321 W Mulberry St Owner: SJY Community Investments, LLC Petitioner: Aswad Allen Zoning District: OT-C Code Section: 2.1.6 Project Description: This is a request for a proposed 288 square foot accessory building (shed) to be placed approximately 5 feet from the rear property line. The minimum required rear setback for the OT-C Zone District is 15 feet. The request is to encroach the minimum rear setback by 10 feet. c. APPEAL ZBA250007 Address: 523 E Magnolia St Owner: Mark Cassalia / Liesel Hans Petitioner: Keira Harkin, Old Town Designs, Inc. Zoning District: OT-B Code Section: 2.1.6; 3.1.8 Project Description: There are two requests associated with this variance application: 1) A request to exceed the maximum allowable floor area for a proposed 2,429 square foot house with a 430 square foot attached garage. The maximum allowable floor area for a detached house in the OT-B Zone District is 2,400 square feet. The request is to exceed the maximum allowable floor area by 459 square feet. 2) A request to encroach the front setback by 4 feet 2 inches for a covered porch and 1 foot 11 inches for the front of the building wall. The covered front porch at the front of the house is proposed to be 10 feet 10.25 inches from the property line, and the front wall of the house is proposed to be 13 feet 1 inch from the property line. The minimum required front setback in the OT-B Zone District is 15 feet. 6. OTHER BUSINESS 7. ADJOURNMENT 3/13/25 – LURC MINUTES – DRAFT 1 Land Use Review Commission REGULAR MEETING Thursday, March 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 – Carron, Lawton, McCoy, Shuff Board Members Absent – Coffman, San Filippo, Vogel Staff Members Present – Noah Beals, Kory Katsimpalis, Madelene Shehan Guest(s) – NONE 3. PUBLIC PARTICIPATION -NONE- 4. APPROVAL OF MINUTES Vice-Chair Lawton made a motion, seconded by Carron, to approve the February 13, 2025, Minutes as written. The motion passed by all members present. 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. 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 Mountain Ave and S Shields St. The request is for a new single-unit home to be constructed; the existing single-unit home would be demolished. The home would meet side and rear setbacks and would continue to use the existing alley access for vehicles. The driveway would be extended, and a new carport built over a portion of the driveway. The request is to exceed the allowable maximum floor area for this Zone District, which is limited to 2,400 square feet. The area which exceeds the allowable floor area is noted in floor plans; any area that exceeds ceiling height of greater than 14 feet in height is counted at 200% of floor area. Beals described the room in which the floor height exceeds the 14-foot height, noting that it supports an attic space which will not be finished. 3/13/25 – LURC MINUTES – DRAFT 2 Elevations describe the portion of the room that goes above 14 feet, noting that it is not a full flat ceiling height, but instead tapers in both directions from maximum height down to 14 feet. Event with the attic space, the structure does not exceed the overall allowable height for this Zone District. The structure could comply by maintaining a consistent 14-foot ceiling height throughout, which would not change the exterior dimensions. Renderings of the interior of the structure show the angled ceiling element that is intended. Beals also presented photographs of the existing home that would be demolished. Chair Shuff mentioned for the record that he does know the applicant, but that will not affect his decision regarding the appeal. Applicant Presentation: Applicant representative Taylor Meyer, Architect, VFLA Architecture + Interiors, addressed the Commission and offered comment. Meyer stated that the biggest point they would like to convey is the fact that regardless of approval or denial, the exterior dimensions and massing of the new home will not change. If approved, the homeowners will get to enjoy a slightly larger space/ceiling within their kitchen and dining area. If denied, truss designs can be adjusted, though it may feel unnatural as the rest of the interior ceiling in that space are sloping. Meyer offered a slight correction to his written statement: it notes that the peak of the ceiling was measured at 17 feet 3inches, which was based on earlier measurements. It is now correctly measured and noted at 16 feet 2 inches, representing a net increase of 2 feet 2 inches above allowable maximum of 14 feet. If flat-bottomed trusses were employed, the floor area of the house would be calculated as being under the maximum allowable floor area of 2,400 square feet. Again, exterior dimensions would not change with approval or denial. Vice-Chair Lawton confirmed this is an attempt to maintain the vaulted ceiling design and does not affect intended attic storage or other elements of the home. Public Comment: Steve Conrad, 1101 W Mountain Ave, spoke in support of the applicant. Conrad cited the lack of change to massing, noting that the project was amenable from a neighbor perspective and has been well developed. Commission Discussion: Vice-Chair Lawton noted the new design appears to have a lot of the same aesthetic elements of the current house that will be demolished. It doesn’t pose problems to the neighborhood, doesn’t exceed allowable floor area, and doesn’t increase massing. Lawton would fully support the variance request. Commission member Carron agrees, noting that the overall massing would not be impacted. Chair Shuff agrees with previous comments, noting that this is more of a function of the way that floor area measurements are made according to current Code. Shuff stated that he would support the variance. Commission member Carron made a motion, seconded by Vice-Chair Lawton to APPROVE ZBA250002, regarding the requested variance to Land Use Code Sections 2.1.6 to allow the allowable floor area for a detached house in the OT-A Zone District to exceed the maximum of 2,400 square feet by an additional 607 square feet in order to construct a detached home as shown in the materials for this hearing. 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 3/13/25 – LURC MINUTES – DRAFT 3 following facts: the proposed building does not exceed the allowable building height; and the subject area slopes from 16 feet 2 inches and is only less than 5% of the total floor area. 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: McCoy, Shuff, Lawton, Carron Nays: Absent: Coffman, San Filippo, Vogel 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. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located near the corner of Westward Dr and S Shields St. The request is to build a fence that exceeds 6-feet with a new fence at a height of 8 feet. When platted, the property was platted with a property line that zig- zagged between the two. Later property line adjustments straightened the parcel lines a bit (but not the lot lines), with some bump-outs to allow for the placement of an accessory building. The applicant called out some security issues that have occurred in the past with intrusions into the property, with instances of trespassing over or through the existing six-foot fence. Beals noted that fence regulations do not allow a fence-height higher than four feet anywhere along the front line of the property. Behind the front line, a fence can reach a maximum height of six feet. If the Commission were to approve the appeal, staff recommends that the 8-foot height only be allowed in sections behind the front of the home. With a fence exceeding 6 feet, the next step would be to obtain a building permit. That permitting process would verify that the fence sits entirely within their property line. Photographs of the property and existing fence were presented, detailing some of the damage that has occurred to the existing fence due to forced intrusion and trespass activities. Aerial views show the commercial properties and multi-unit properties that are adjacent to the subject parcel. Chair Shuff asked if a cedar fence is intended for the requested new fence addition; Shuff will anticipate a clarification from applications during their presentation. Commission member Carron asked if there are any instances where 8-foot fences are allowed? Beals responded that the standard allowable fence height city-wide is 6 feet, and no barbed-wire or chain-link fence is allowed anywhere in the city. 3/13/25 – LURC MINUTES – DRAFT 4 Applicant Presentation: Applicants Richard and Cynthia (Cindy) Previte, owners, 1125 S Shields St, addressed the Commission and offered comment. Richard Previte stated that they have owned the property a little over 20 years. When they purchased, they remodeled the house interior without changing any of the exterior walls. The property at on point extended from Shields to City Park; in 2000, the previous owners sold off a portion of the original 2-plus acre parcel, leaving the remaining 1-plus acre parcel they currently own. Several weeks ago, the Prevites experienced their latest in a series of intrusions into the property, wherein an individual came through by kicking in the fence and believed it may not have been the first time this individual entered the property. Security systems picked up the disturbance, and the individual was seen walking through the property. The existing fence is now close to twenty years old and due for replacement. Cindy Previte noted that the replacement would be done with cedar fencing and use 4-inch x 6-inch posts due to the increased fence height. The new fence would match the remaining south fence. Richard Previte noted they may turn the fencing so that rails face inside so as to deter them from being used as footing to scale the fence by possible intruders. Vice-Chair Lawton asked the Prevites if they are ok with the recommended condition of limiting the eight-foot height to portions behind the front of the home. Lawton asked if trespassers are merely passing through? Prevites explained that they appear to be intoxicated and/or likely burglars, as they have backpacks on. Individuals also appear to duck into the shadows when security lights and devices are triggered. Carron asked for clarification if a gate is present on the backside; Cynthia indicated that a well is present on the backside, underneath the multi-unit structure, which is not functional. The well is accessed through an easement agreement. Public Comment: -NONE- Commission Discussion: Commission member Carron doesn’t see an issue with the appeal, noting the difference in uses between the subject property and adjacent properties, also noting the seriousness of the past intrusions and trespassing activities. Vice-Chair Lawton agrees, adding that the fence and home are setback far enough so as to not create a noticeable visual impact from the street. Existing trees are also quite tall already along the property lines. This is a good plan to mitigate some of the nefarious traffic attempting to come through the property. Lawton stated that he is in favor of approval. Chair Shuff agrees with past comments and commends the applicants on maintain the existing beauty and design of the property. This type of approval may not be appropriate for every property that makes this type of request, but given the unique hardships and conditions present, this seems reasonable. Vice-Chair Lawton made a motion, seconded by member Carron to APPROVE WITH CONDITIONS ZBA250003, regarding the requested variance to Land Use Code Sections 4.3.5(C)(6) to allow the allowable height for a fence within the required rear-yard and side-yard setback areas of a property to exceed the maximum of 6 feet by an additional 2 feet in order to install an 8-foot fence along the north and west property lines of a residential property, as shown in the materials for this hearing, with the following condition: the 8-foot height does not extend past the front of the house. The Commission finds that the variance, in consideration of the condition, would not be detrimental to the public good; and the variance will not diverge from Section 4.3.5(C)(6) except in a nominal and inconsequential way and will continue to advance the purposes of the Land Use Code contained in 3/13/25 – LURC MINUTES – DRAFT 5 section 1.2.2 in consideration of the following facts: the portions of fence being increased face the back of commercial buildings to the north and landscape area to the west. 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: McCoy, Shuff, Lawton, Carron Nays: Absent: Coffman, San Filippo, Vogel 6. OTHER BUSINESS -Beals noted that we have three items for the agenda next month -Special thanks to members McCoy and Shuff, as this is their last meeting with the Land Use Review Commission, we appreciate your service -Richard Previte offered thanks to City Staff for their excellent work within the process. -Beals noted that Vice-Chair Lawton will lead the meeting next month; two new members will be appointed by City Council during the March 18 City Council meeting. Officers will be appointed during the May 2025 Regular Meeting. 7. ADJOURNMENT The Meeting was adjourned at 9:17 AM. Agenda Item 1 Item # 1 - Page 1 STAFF REPORT April 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250005 PROJECT DESCRIPTION Address: 227 S Sherwood St Owner: Mary E Daniel / James A Kelly Petitioner: Jenny Murphy, J. Reiko Design +Co Zoning District: OT-B Code Section: 2.1.6 Variance Request: This is a request for a proposed 613 square foot residential addition to extend 8.5 inches into the required 5-foot side setback. The south wall of the proposed addition will align with a portion of the existing south wall of the house that is currently 4 feet 3 inches from the property line. The minimum required interior side setback in the OT-B Zone District is 5 feet. COMMENTS: 1. Background: The property is part of the original town plat in 1973. The primary building was constructed in 1903. It is unclear the number of changes that have occurred since. The request is to build a single-story addition that aligns with the existing south wall of house. The existing south wall encroaches into the required side set back by 8.5 inches. The proposed addition continues the encroachment for another 17.5 feet. The total encroachment with the existing wall and the proposed addition is 38 feet along the 105-foot south property line. The proposed addition would have limited visibility. It is to the rear of the existing building and there is a fence that separates the property from the neighbor. 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 the public good. • The encroachment is less than 1 foot. • The proposed addition aligns with the existing structure. • The proposed addition is one story. • The abutting property to the south is separated by a 6-foot-tall fence. 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 ZBA250005. Petitioner or Petitioner’s Representative must be present at the meeting Location300 LaPorte Ave, City Hall Council Chambers nominal, inconsequential way This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. 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. Application Request for Variance from the Land Use Code Fort Collins, CO : (instructions will be emailed to the applicant the Monday prior to the hearing) Date: Second Thursday of the month Time: 8:30 a.m. 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 when considered in the context of the neighborhood. Date Justification(s) Justification(s) Justification(s) Reasoning Variance Address City Zip Code Owner’s Name Code Section(s) Zoning District Signature Petitioner’s Name, if not the Owner Petitioner’s Relationship to the Owner is Petitioner’s Address Petitioner’s Phone # Petitioner’s Email Additional Representative’s Name Representative’s Address Representative’s Phone # Representative’s Email WRITTEN STATEMENT EXPLAINING THE REASON FOR THE VARIANCE REQUEST REQUIRED VIA SEPARATE DOCUMENT. 3. Nominal, inconsequential 227 S Sherwood St 80521 Mary E Daniel, James A Kelly (303) 956 5005 maryelizabethdaniel@gmail.com OT-B 2.1.6 March 10, 2025 Jenny Murphy (J.Reiko Design + Co) 117 E Mountain Ave #225 (970) 556 4280 jenny@jreiko.com March 10, 2025 City of Fort Collins Land Use Review Commission Dear Members of the Land Use Review Commission, My husband, James Albert Kelly, and I, Mary Elizabeth Daniel, residents at 227 S. Sherwood St., respectfully request a variance from the Land Use Code related to a planned addition to our home. Specifically, we are seeking permission to extend an existing wall that currently sits approximately 8.5 inches within the required five-foot setback boundary. Our home was built over 100 years ago, well before current setback regulations were established. As a result, the existing wall already encroaches slightly into the required setback area. Extending this wall as part of our addition would be only a minor divergence from current standards, and we believe it aligns closely with the overall character of our neighborhood. This addition is very important to us because it will help our home better accommodate our current needs and provide flexibility to accommodate any future growth of our family. We love our neighborhood and intend to stay here for many years. By extending the existing wall, the addition will blend naturally with our home, preserving its original character and appearance. We kindly ask for approval of our variance request, allowing us to proceed with the proposed design for this addition to our home. Thank you very much for considering our request. Sincerely, Mary Daniel and James Kelly 352326('$'',7,21 6) ALIGN NEW EXTERIOR WALL WITH EXISTING EXTERIOR WALL 6) '5$:1 &+(&.(' '$7( 6 & $ / ( & + ( & . JE N N I F E R M U R P H Y | O W N E R + D E S I G N E R 11 7 E . M O U N T A I N A V E . # 2 2 5 F O R T C O L L I N S , C O 8 0 5 2 4 97 0 -55 6 -42 8 0 AL K E L L Y + E L I Z A B E T H D A N I E L A R E M O D E L F O R : 22 7 S . S H E R W O O D S T R E E T , F O R T C O L L I N S A1.0 CD S E T 16,7(3/$1 0&7 -50 4.3’ View from front of house along property line View from rear of house Wall to be extended is outlined Agenda Item 2 Item # 2 - Page 1 STAFF REPORT April 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250006 PROJECT DESCRIPTION Address: 321 W Mulberry St Owner: SJY Community Investments, LLC Petitioner: Aswad Allen Zoning District: OT-C Code Section: 2.1.6 Variance Request: This is a request for a proposed 288 square foot accessory building (shed) to be placed approximately 5 feet from the rear property line. The minimum required rear setback for the OT-C Zone District is 15 feet. The request is to encroach the minimum rear setback by 10 feet. COMMENTS: 1. Background: The property is part of the original town plat of 1873. It was later subdivided again part of the Harrisons Subdivision that was recorded in 1887. The existing primary building wasn’t constructed until 1951. The property is accessed from an alley that runs along the east property line. However, the rear property line that runs along the south abuts a parking lot. This south parking lot is owned by the university and is not subject to City zoning setbacks. The proposed one-story building shows a 5-foot setback along the south property line. This is a 10-foot encroachment because this is considered a rear setback. The proposed structure would include vehicle access to the alley along the east property line. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approvals and finds that: • The variance is not detrimental to the public good. • The south property line abuts a parking lot. • The proposed structure is one-story. • The proposed 5-foot setback maintains space for emergency access around the structure. 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 ZBA250006. 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 2 and 5 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 and reviewed by the Building Department separately. 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 Friday or 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 ASWAD ALLEN; SJY COMMUNITY INVESTMENTS, LLC City Fort Collins, CO Petitioner’s Relationship to the Owner is OWNER Zip Code 80521 Petitioner’s Address 810 APPLEWILDE DR. SAN MARCOS, CA. 92078 Owner’s Name ASWAD ALLEN; SJY COMMUNITY INVESTMENTS, LLC Petitioner’s Phone # (303) 807-7172 Code Section(s) ARTICLE 2 OT Setbacks; SECTION 2.1.6 (pg.15) Petitioner’s Email ASWAD.ALLEN@GMAIL.COM Zoning District OTC - H Additional Representative’s Name JEVARD HITCH Justification(s) (3) Nominal, inconsequential way when considered in the context of the neighborhood. Representative’s Address Ascend Landscaping & Irrigation, Inc 19150 E. 118th Ave. Commerce City, CO 80022 Justification(s) Representative’s Phone # (303) 304-8551 Justification(s) Representative’s Email JEVARDHITCH@ASCENDLANDSCAPING.NET Reasoning WRITTEN STATEMENT EXPLAINING THE REASON FOR THE VARIANCE REQUEST REQUIRED VIA SEPARATE DOCUMENT. Date MARCH 4, 2025 Signature 321 W. MULBERRY ST. March 4, 2025 Aswad Allen / SJY Community Investments, LLC. Aswad.allen@gmial.com 810 Applewilde Dr. San Marcos, CA 92078 City of Fort Collins City Hall 300 LaPorte Ave. Fort Collins, CO 80521 RE: Neighboring Property Variance Request (Article 6.14.1) Property Address: 321 W. Mulberry St. Fort Collins, CO. 80521 Dear Land Use Review Commission: Please consider my variance request and approval for installing a work shed 5ft to 8 ft from the rear / south property line (Attachment 1). The OT zone district calls for a 15 ft rear setback for a rear property line that does not have an alley access (2.1.6 OT setback (pg. 15). https://www.fcgov.com/planning-development-services/files/article-2-zone- districts.pdf?1721227289 My property located at 321 W. Mulberry St., 80521 has the following unique characteristics: • An alley on the east side of the property line. • Colorado State University (CSU) parking lot to the south (or rear) property line. • The west side has a neighboring property line not impacted by zoning guidelines. I have also contacted CSU Facilities Senior Manager, Mr. Rodney Gillespie, to confirm installing this shed 5ft to 8ft inside the rear of my property line will not impact the use of the CSU parking lot. Per zone variance justification reason #3, this request will have nominal, or inconsequential impact (Attachment 1). Also, please note, if the revised plan is followed the shed will be located toward the center of the lot eliminating any functional use of the backyard (Attachment 2). Finally, I appreciation the assistance and guidance from the City of Fort Collins Building Services, Mr. Rob Bianchetto (Sr. Zoning Inspector), for his initial feedback and his guidance to correctly submit this variance application request. If you require any additional information, please feel free to contact me by email aswad.allen@gmail.com or by phone at (303) 807-7172. Aswad Allen (Attachments: 1. Original landscape plan with shed setback dimension; 2. Building Services suggested revisions) This is the rear property line. Structure needs to be setback 15' from here This is the interior side property line. Structure can be setback 5' from here. This is an alley adjacent side property line. If the structure has garage doors facing the alley, it must be setback 8' from here. Agenda Item 3 Item # 3 - Page 1 STAFF REPORT April 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250007 PROJECT DESCRIPTION Address: 523 E Magnolia St Owner: Mark Cassalia / Liesel Hans Petitioner: Keira Harkin, Old Town Designs, Inc. Zoning District: OT-B Code Section: 2.1.6: 3.1.8 Variance Request: There are two requests associated with this variance application: 1) A request to exceed the maximum allowable floor area for a proposed 2,429 square foot house with a 430 square foot attached garage. The maximum allowable floor area for a detached house in the OT-B Zone District is 2,400 square feet. The request is to exceed the maximum allowable floor area by 459 square feet. 2) A request to encroach the front setback by 4 feet 2 inches for a covered porch and 1 foot 11 inches for the front of the building wall. The covered front porch at the front of the house is proposed to be 10 feet 10.25 inches from the property line, and the front wall of the house is proposed to be 13 feet 1 inch from the property line. The minimum required front setback in the OT-B Zone District is 15 feet. COMMENTS: 1. Background: The property is part of the original town plat of 1873. It was recently subdivided into a residential lot as part of the Magnolia & Smith subdivision in 2024. The subject property is Lot 3 of this new subdivision. The shape of this lot is a shallow and is missing a corner of a square. This size is 5,085 square feet; the minimum lot size required for a single-unit is 5,000 square feet. The neighboring properties along Magnolia Street do not meet a 15-foot setback. The property to the east fronts on to Smith Street. This means along Magnolia Street this abutting property is only required to meet a 9-foot street side setback. The existing house currently is setback approximately 11 feet. The property across the alley to the west fronts onto Magnolia Street, however it received a variance to be setback 13.33 feet from the street. The garage could be detached from the primary building and not require a variance to increase the floor area from the primary building. However, if it was detached it would require a variance to increase the floor area in the rear half of the lot and encroach into the rear setback. 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 the public good. • The block face along Magnolia Street has varying building setbacks that are less than 15 feet. Agenda Item 3 Item # 3 - Page 2 • The lot is shallow and has a unique shape resulting in limited placement for a detached structure that could comply with all the codes of the OT-C zone district. 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 And the variance request may be granted due to a hardship of the lot not caused by the applicant and a strict application of the code results in a practical difficulty upon the applicant. 4. Recommendation: Staff recommends approval of APPEAL ZBA250007. 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"#+." )+*0%/#.+) 0%" !0" 0%0 0%" 2.&* "3/ $.*0"! %/(,/"! $$" " $$")# "#$$& %#$ "#$ $ $ $ $ "$& $( % "# &*/0.1 0&+*/ 3&(( " ")&("! 0+0%" ,,(& *0 0%" +*!5,.&+.0+ 0%" %".&*$ $" +*! %1./!5 +# 0%" )+*0% ) #" !+.0 +((&*/ # # # # & $% # # $%%++/" *" #.+) &/0 # $%!!&0&+*( 1/0&#& 0&+* # & $%!!&0&+*( 1/0&#& 0&+* # % %"#'" 523 E Magnolia S Old Town Designs, Inc. Contractor 80524 210 E Oak St Mark Cassalia/Liesel Hans (970) 391 5486 Section 2.1.6 & 3.1.8 keira@oldtowndesignbuild.com OT-B 03-11-25 1 3 Reasoning Statement for Variance Request: To the City of Fort Collins Land Use Review Commission: We are requesting the following variances for 523 East Magnolia to design a single-family home with an attached garage in Old Town (OT-B). This request is based on the unique characteristics of the lot and aligns with the zoning regulations outlined in Sections 2.1.6 and 3.1.8 of the Fort Collins Land Use Code: ● Increase the allowable square footage from 2,400 to 2,850 square feet, with the home at 2,429 square feet and the attached garage at 430 square feet. ● Adjust the front setback to 13'6" at the primary suite and 10'6" at the front porch. Background & Family Need: The family currently resides in Old Town East and wishes to build a home that will support their growing family while allowing them to remain in the neighborhood. Two years ago, they purchased their neighbor ’s home at 401 Smith St, an established historic landmark known as the Loomis Jones Home. They enhanced the historic property and applied to the City to subdivide the two existing lots (401 and 405 Smith St) into three separate lots, creating the Magnolia-Smith Subdivision. As part of this process, Lot 3, now addressed as 523 E Magnolia, was designated for the construction of a new single-family home. Given that 401 Smith St was a historic landmark, the family submitted an application to the Historic Preservation Committee (HPC) to modify the boundary of the historic designation and allow for the subdivision. On April 19, 2023, the HPC voted unanimously (7-0) in favor of the modification, supporting the creation of the subdivision. HPC Member Carlock noted that this type of redevelopment is common in Old Town, and other members, including Chair Knierim, concurred. (HPC minutes, April 19, 2023). Following this approval, the family submitted a site plan, plat, and utility plan to the City. On May 17, 2024, the City officially approved the Magnolia-Smith Subdivision. This request is deeply personal to the family, as it represents a long-held vision for their family of four—two adults and two young children—to build a small, efficient home that fits their needs while preserving valuable outdoor living space. Approving this variance will allow them to comfortably remain in Old Town East, in alignment with their original plan for the property. Old Town Design Build Inc. PH: 970-617-8983 Office@oldtowndesignbuild.com If this variance is not granted, it creates an unfair obstacle to this long-planned and carefully considered project, which follows the established tradition of infill development on the rear half of corner lots in OT-B. Denial would force unnecessary compromises in either livable space or outdoor quality of life—both of which are fundamental to the character and lifestyle of Old Town and the spirit of Colorado living. Compliance with Land Use Code & OT-B District Intent: The Old Town (OT-B) district is designed to allow for a mix of residential uses while maintaining neighborhood character. It acknowledges the practical challenges of urban infill and encourages flexible, efficient land use while upholding historic and pedestrian-oriented design principles. A well-established precedent exists in Old Town East where corner lots have been redeveloped, subdividing the rear half to create new single-family homes. These infill lots often deviate from the standard dimensions of Old Town (OT-B) lots. 523 East Magnolia is approximately 82 feet wide by 64 feet deep—while this is deeper than most rear corner lots, it is significantly shallower than a typical lot. Due to the depth constraints of this lot and the impracticality of a detached garage, the requested variance aligns with the intent of the OT-B district, allowing for a functional, well-integrated home design that meets the needs of a growing family while maintaining appropriate density and neighborhood consistency. The requested variances accomplishes the following: ● Allows for an attached garage instead of a detached garage, optimizing livable outdoor space in the backyard compared to a 2,400-square-foot home with a detached garage, which is more feasible on larger lots with traditional dimensions. ● Aligns the front setback of 523 East Magnolia with the only other north-facing home on the street, 517 East Magnolia, ensuring visual cohesion. Under Land Use Code Section 2.1.6, variances may be granted when the strict application of zoning requirements creates practical difficulties or unnecessary hardship due to unique property conditions. Similarly, Section 3.1.8 establishes building envelope and lot coverage standards to balance density with functional land use. Practical Difficulties or Unnecessary Hardship: Strict enforcement of the zoning requirements presents an undue hardship due to the unusual dimensions of the lot. The parcel measures approximately 64 feet by 82 feet, with the 82-foot Old Town Design Build Inc. PH: 970-617-8983 Office@oldtowndesignbuild.com side fronting the street. Given the 15-foot front and rear setbacks, the buildable depth is reduced to just 34 feet, significantly restricting design flexibility. While a detached garage is an option, the required 8-foot alley setback would eliminate nearly all usable backyard space, making it impractical for a family-oriented home. The inability to efficiently place a detached garage creates a functional limitation that prevents this property from being developed in a reasonable, livable manner. By allowing an attached garage and increasing the allowable square footage to 2,850 square feet, the home can be designed to: ● Better serve a young family’s needs without feeling cramped. ● Preserve outdoor living space for our children to play, in line with Colorado’s strong outdoor culture. ● Enhance long-term sustainability and efficiency by allowing a well-integrated design rather than forcing compromises due to artificial space limitations. No Negative Impact on Surrounding Properties: The requested variance will not negatively impact surrounding properties or disrupt the character of the OT-B district. The proposed design: ● Maintains a consistent scale and form with neighboring homes. ● Preserves a pedestrian-friendly street presence in accordance with Old Town principles. ● Avoids overbuilding the site by balancing additional square footage with open space and thoughtful site design. No Detriment to Public Health, Safety, or Welfare: The proposed variance will adhere to all applicable safety, drainage, and building standards, ensuring compliance with stormwater management, emergency access, and infrastructure guidelines. The increase in square footage does not introduce public safety concerns or place an undue burden on city services. Conclusion: This variance request represents more than just a zoning adjustment, it is about allowing a family to complete a carefully planned project that supports both livability and responsible land use. It ensures that their children have a functional backyard, that they build an efficient and practical home, and that the project aligns with the principles of the OT-B district. Old Town Design Build Inc. PH: 970-617-8983 Office@oldtowndesignbuild.com Denying this request creates an unnecessary hardship that unfairly limits the ability to complete a thoughtfully designed, family-friendly residence that reflects the values of both the neighborhood and the City of Fort Collins. We respectfully request the Commission’s favorable consideration of this variance application. Thank you for your time and attention to this matter. The Old Town Design Build Team Keira Harkin, CEO Old Town Design Build, Inc. 210 E Oak Street, Suite B Fort Collins, CO 80524 (970) 391 5486 mobile (970) 617 8983 office keira@oldtowndesignbuild.com www.oldtowndesignbuild.com Old Town Design Build Inc. PH: 970-617-8983 Office@oldtowndesignbuild.com UP 13 ' - 1 1 / 8 " Pr o p o s e d F r o n t S e t b a c k 10 ' - 1 0 1 / 4 " Utility Easement 8' - 0" Fr o n t S e t b a c k 15 ' - 0 " Side Setback 5' - 0" al l e y 5' - 0 " Re a r S e t b a c k 15 ' - 0 " Covered Porch Dr i v e w a y Magnolia Approach Sidewalk 63 ' - 1 1 5 / 8 " 67' - 10 11/16" 11 ' - 0 " 14' - 0" 52 ' - 1 1 5 / 8 " 81' - 10 11/16" 16 ' - 9 " 7' - 11" 4' - 0" 12 ' - 4 1 / 4 " Scale : 1" = 10'-0" Legal Description: Lot 3, Block 164, MAGNOLIA AND SMITH SUB, FTC (20240019734) 523 East Magnolia, Fort Collins, CO, 80524 Address:Site Plan AREA : 5,085 Ft² 1" = 10'-0"1First Floor Architectural Plan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ð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rom:Noah Beals To:Kory Katsimpalis Subject:FW: [EXTERNAL] Notice of Public Hearing for 523 E. Magnolia Date:Wednesday, April 2, 2025 1:37:52 PM -----Original Message----- From: Mark and Denise McFann <mcfanns@yahoo.com> Sent: Monday, March 31, 2025 2:59 PM To: Noah Beals <nbeals@fcgov.com> Subject: [EXTERNAL] Notice of Public Hearing for 523 E. Magnolia We’re writing about the proposed variance for 523 E. Magnolia. We live next door and am in favor of the variance. Mark Cassalia, the owner of the property, has shared the blueprints and I believe it will make a good addition to the neighborhood. The lot is currently empty and an eyesore. Please approve the variance so Mark can move forward and improve the neighborhood. Thank you. Mark McFann 517 E. Magnolia Street 970.999.5409