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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 05/08/20254/10/25 – LURC MINUTES – APPROVED 1 Land Use Review Commission REGULAR MEETING Thursday, April 10, 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 – Gupta, Vogel, Lawton, San Filippo, Floyd, Coffman Board Members Absent – Carron Staff Members Present – Noah Beals, Kory Katsimpalis, Brad Yatabe Guest(s) – NONE 3. APPROVAL OF MINUTES San Filippo made a motion, seconded by Coffman, to approve the March 13, 2025, Minutes as written. The motion passed by all members present. 4. PUBLIC PARTICIPATION -NONE- 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. 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 Olive St and S Sherwood St. The request is to build an addition to the rear of the existing structure. Beals presented plans representing existing conditions that include a deck at the rear of the primary structure, and plans describing the proposed addition that would occur in the location of the deck. The existing structure is already encroaching into the side setback by less than a foot, and the proposed addition would align with the existing structure. The proposed addition would be one story in height and would be similar in height to the existing structure. There is a second story on a small portion of the existing structure. Beals presented side-view elevations of the proposed addition, noting the wall of the proposed addition that would match the encroachment of the existing structure. The small second story portion is attic/storage space. Vice-Chair Lawton clarified that the variance request only concerns the setback encroachment of the side wall and does not include any increase in square footage. Beals confirmed all other elements comply with code. 4/10/25 – LURC MINUTES – APPROVED 2 Applicant Presentation: Applicant Mary E Daniel, owner, 227 S Sherwood St, and Applicant representative Jenny Murphy, J. Reiko Design + Co, addressed the Commission and offered comment. Murphy stated it is important to point out that existing access to the basement level occurs along the wall that is in question, and if the variance was not granted access to the basement would have to be abandoned and/or gained from the exterior of the residence. The intent with the proposed plan is to match the existing design as much as possible. Daniel noted a letter of support that was received from their neighbor, who is in full support of the variance. This letter was provided to Commission members for consideration. Public Comment: -NONE- Commission Discussion: Vice-Chair Lawton sees no problem with the variance application, noting it is a continuation of existing conditions. Lawton was unaware of the basement access and appreciated it being called out. Commission member Coffman sees the variance as nominal and inconsequential, noting emergency access to the lot is achievable from the north side of the lot and from the alley. Coffman is in support of the variance. Commission member Vogel is in support of the variance, noting support offered by neighbors. Commission member San Filippo believes the addition is well thought out and designed. San Filippo reported that he had visited the site and feels that it is in keeping with surrounding properties along S Sherwood St. He is in support of the variance request. Commission member Coffman made a motion, seconded by member Vogel to APPROVE ZBA250005, granting the requested variance to Land Use Code Section 2.1.6 to allow the proposed addition to extend 8.5 inches into the required 5-foot side setback 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 when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code contained in Section 1.2.2 because: the encroachment is less than 1 foot; the proposed addition aligns with the existing structure; the proposed addition is one story; and the abutting property to the south is separated by a 6-foot-tall fence. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission hereby adopts the information, analysis, findings and conclusions regarding this variance contained in the hearing staff report Yeas: Gupta, Vogel, Lawton, San Filippo, Floyd, Coffman Nays: Absent: Carron 4/10/25 – LURC MINUTES – APPROVED 3 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. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located along W Mulberry St, just E of S Meldrum St. The variance request seeks to build a shed in the rear of the property. The property does abut an alley on the east property line. The proposed shed will have a vehicle access drive from the rear alley. The request is to encroach into the rear setback by 10 feet and maintain a proposed 5-foot setback to the rear property line. Presenting aerial view of the property, Beals explained that the abutting property is a parking lot owned by Colorado State University. The applicant has provided a letter of support from the University. Beals explained even if there were a house on the abutting property to the south, that house would face S Meldrum St and would be enjoying a 5-foot setback from that same property line. Beals presented site plans describing the placement of the proposed shed and vehicle driveway. Additionally, street views of the property were shown, with Beals noting that the original garage has been turned into additional living space. The original driveway off of W Mulberry St is still extant, Beal does not believe that driveway will be abandoned or removed. Vice-Chair Lawton asked if there were any easements. Beals confirmed that no easements are present. Lawton confirmed that vehicular access to the proposed structure would now be taken from the alley. Commission member San Filippo asked Beals if the removal of the original driveway should be considered as a condition of approval that the Commission might grant, or is that more of an issue for the Building Dept? Beals responded that staff have not recommended that condition; it may be less of a Building Dept concern and more of an Engineering Dept item. It is probably considered a non-confirming driveway given how close it is to the alley. Regarding this variance request, there is no impact or associated staff recommendation. Commission member Floyd asked Beals what zoning is applied to the CSU property? Beals answered that it may be the same (OT-C), however, the city has no jurisdiction over CSU property so it may not technically be zoned. Applicant Presentation: Petitioner rep Jevard Hitch, on behalf of Aswad Allen, SJY Community Investments, LLC, addressed the Commission and offered comment. Hitch stated that the way this house is situated necessitates access from the rear, and in order to maintain the yard as usable space, the shed needs to be placed 5 feet from the rear property line. Vice-Chair Lawton asked about turning the garage into habitable space and asked if this was a part of the larger plan to build the shed/garage building. Hitch noted these were separate decisions, as the homeowners realized a lack of storage space that necessitated the construction of a new shed 4/10/25 – LURC MINUTES – APPROVED 4 Commission member San Filippo asked if this home is currently undergoing a full renovation? Hitch responded that the overall renovations are about 90% completed, and the shed is one of the last pieces needed for completion. San Filippo asked for the overall height of the shed. Hitch indicated the shed would measure 12 ft x 24 ft x 8 ft. Beals confirm that the shed is a conforming with other standards based on size and measurements. Public Comment: -NONE- Commission Discussion: Commission member Coffman sees no problem with the variance request. When considering that the property abuts a parking lot the effect is nominal and inconsequential. Placing the shed further from the house maintains a usable yard area. From a public safety perspective, reducing access points from W Mulberry St increases safety and mitigates potential traffic risks. Commission member San Filippo mentioned another mitigating factor which is an apparent 10-15-foot grass area between the fence on the rear of the applicant’s property line and the asphalt surface of the parking lot. Commission member Vogel feels the proposal would increase area safety, noting that backing out of the drive to access W Mulberry St is not as safe. Rear access to the property is much safer. Vice-Chair Lawton is in agreement with the previous comments of the Commission. Lawton does maintain some concern that the existing driveway could continue to be used for vehicular parking, but if staff and Engineering have not it tagged as a concern, it is not a problem with approval of the variance request. Commission member Coffman made a motion, seconded by member Vogel to APPROVE ZBA250006, granting the requested variance to Land Use Code Section 2.1.6 to allow the proposed detached accessory structure to be placed 10 feet into the required 15-foot rear setback as shown in the hearing materials. The Commission finds that the variance would not be detrimental to the public good; and will not diverge from Section 2.1.6 except in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code contained in Section 1.2.2 because: the south property line abuts a parking lot; the proposed structure is one-story; and the proposed 5-foot setback maintains space for emergency access around the structure. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission hereby adopts the information, analysis, findings and conclusions regarding this variance contained in the hearing staff report. Yeas: Gupta, Vogel, Lawton, San Filippo, Floyd, Coffman Nays: Absent: Carron 4/10/25 – LURC MINUTES – APPROVED 5 c. APPEAL ZBA250007 Address: 523 E Magnolia St Owner: Mark Cassalia / Liesel Hans Petitioner: Keira Harkin, Old Town Desings, Inc. Zoning District: OT-B Code Section: 2.1.6 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. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on Smith St near E Magnolia. This is a fairly recent subdivision of lots in the area. The lot that was created faces E Magnolia St and abuts the alley to the west As seen in aerial views of the property, the lot size is different for the area and is shallow. This makes meeting the required front and rear setbacks more difficult and is the impetus for pursuing the current variance requests. The first variance request is a front setback encroachment; the proposal meets the rear setback requirement of 15 feet, but this results in an encroachment of the front setback. This is a single request, but encroachment occurs in two areas: the covered front porch and a portion of the front wall. Both create a setback of less than 15 feet. Along E Magnolia, there are a number of structures that also encroach into the front setback. Other homes that face off of Smith St now are required to meet a 9-foot front setback rather than the previous 15-foot setback. The second request is to increase floor area for a primary structure. The maximum allowable floor area for a primary house in this district is 2,400 square feet. Because the garage is attached, it is required to be counted as a portion of the primary structure. If the garage were to be detached, it would be required to be a minimum of 5 feet away from the primary structure, resulting in an encroachment of the rear setback. If the garage were to be detached, the result would be a need for a variance for an additional 29 square feet for the primary structure. Renderings of the proposed structure describe the covered porch as open on three sides, as well as the front wall of the primary structure that encroaches into the front setback. The property line for this lot is not at the back of the sidewalk, so there is a bit of additional distance remaining from the property line to the back of the sidewalk. Lawton asked Beals to return to the image of the plat, to clarify the boundaries of the new subdivision. Beals explained that the back fence is now the new side property line. Beals notes that when a property is re-platted, it becomes one property with portions of three original lots making up the new subdivision. 4/10/25 – LURC MINUTES – APPROVED 6 Applicant Presentation: Applicant representative Keira Harkin, Old Town Desings, Inc., and property owner Mark Cassalia, 405 Smith St, addressed the Commission and offered comment. Harkin stated that due to the nature of the lot being shallow, it is difficult to fit the planned home on the lot while being wholly compliant with code standards. They spent a lot of time considering how the home could be positioned on the lot, and felt the current design is a reasonable request in order to allow the home that is needed for the applicant’s family while minimizing impacts on the neighborhood. Cassalia noted they have been working with the city for more than 2 years on this project and has additionally worked with Historic Preservation regarding 501 E Magnolia St. Cassalia feels the home matches the context of the neighborhood and is happy with the current design. Public Comment: -NONE- Commission Discussion: Commission member Coffman stated that regarding setbacks, this is very much in line with the area. No other homes meet the 15-foot setback. Regarding floor area, this is almost the “textbook” example of nominal change, as it would not need a variance if it were detached. This is of public benefit, as it adds housing density to a desirable area. Coffman is in support of the variance. Commission member San Filippo agrees with Coffman; San Filippo feels this is a well thought out plan. Setbacks are in line with others in the neighborhood. Alley access to the garage prevents blocking of the alley. San Filippo In support of the variance request. Vice-Chair Lawton is giving consideration based in part on the property across the alley that has previously gained LURC approval. The proposal is a good use of space and meets the city’s goals of increased density and additional housing. The garage could be compliant just to match a rule but wouldn’t make much sense and would look strange. Commission member Vogel is in agreement and appreciates that neighbor support has been provided. Commission member Coffman made a motion, seconded by member Vogel to APPROVE ZBA250007, granting the requested variances to Land Use Code Section 2.1.6 to allow the proposed house with attached garage to exceed the maximum allowable floor area by 459 square feet; and to allow the front building wall to encroach into the front setback by 1 foot 11 inches and covered front porch to encroach into the front setback by 4 feet 2 inches; all as shown in the hearing materials. The Commission finds that the variances would not be detrimental to the public good; and the setback variance will not diverge from Section 2.1.6 except in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code contained in Section 1.2.2 because the Magnolia Street block face has varying building setbacks that are less than 15 feet; and regarding the floor area variance, by reason of exceptional physical condition of the property, namely the shallow and unique lot shape, the strict application of the code would result in unusual and exceptional practical difficulties or undue hardship not caused by the property owner regarding placement of a compliant detached structure. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission hereby adopts the information, analysis, findings and conclusions regarding these variances contained in the hearing staff report. Yeas: Gupta, Vogel, Lawton, San Filippo, Floyd, Coffman Nays: Absent: Carron 4/10/25 – LURC MINUTES – APPROVED 7 6. OTHER BUSINESS Beals offered welcome to our two new Commission members and expressed gratitude at their willingness to assist the Community. Beals also noted that next month’s meeting will include the election of Officers. Vice-Chair Lawton welcomed the return of Brad Yatabe as our supporting City Attorney. Yatabe urged consideration of the Commission regarding holding elections at the beginning or end of the hearing. Yatabe also reiterated that a vote to abstain will be counted as an affirmative vote. Regarding minutes, under Robert’s Rules, a commission member is allowed to participate in voting for the Minutes regardless of their previous participation. It is considered an administrative vote that relies on the accuracy of those staff who produce the Minutes. Yatabe also noted that site visits are fine to make to gather information ahead of hearings and urged members to state at the beginning of discussion that a site visit has been made, report their observations and note the time of day the visit was made. That allows Commission members and applicants to have full awareness of observations and have a chance to confirm or refute observations made. Commission member San Filippo noted that he is fond of making site visits and confirms Yatabe’s suggestions that best practice would be to make a report of his site visit observations prior to applicant presentations. -Beals suggests we update the meeting script to prompt disclosure of site visits. -Lawton will send revisions to the script to administrative staff for correction and additions. -San Filippo notes he wears his volunteer badge to identify himself when performing site visits. 7. ADJOURNMENT The Meeting was adjourned at 9:18 AM Minutes Approved on May 8, 2025