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06/12/2025 - Land Use Review Commission - AGENDA - Regular Meeting
LAND USE REVIEW COMMISSION REGULAR MEETING City Council Chambers – 300 Laporte Ave, Fort Collins, CO 80521 6/12/25 – LURC SUMMARY AGENDA 1 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Approval of May 8, 2025, Minutes. 4. PUBLIC PARTICIPATION Public Participation for items not included in the agenda. 5. VARIANCE REQUESTS a. APPEAL ZBA250012 Address: 2000 Timberline Ln Owner: Timberline Lane LLC Petitioner: John Humpal Zoning District: UE Code Section: 3.1.8 Project Description: This is a request for a proposed 2,400 square-foot detached accessory building (shop/garage). The maximum allowable building floor area for a detached accessory building for this lot in the Urban Estate zone district is 1,200 square feet. The request is to exceed the maximum allowable floor area for a detached accessory building by 1,200 square feet. Additional items are included on Page 2 of the Agenda. Participation in the Land Use Review Commission Meeting on Thursday, June 12, will 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 6/12/25 – LURC SUMMARY AGENDA 2 b. APPEAL ZBA250013 Address: 608 Peterson St Owner: JRA Property Solutions LLC Petitioner: Jamie Allen Zoning District: OT-B Code Section: 2.1.6; 3.1.8 Project Description: There are two requests associated with this variance: 1. A request for a new detached accessory building (1 story garage) to replace an existing detached accessory building (carriage house converted to a garage) in the same location, which is currently 1 foot 7 inches from the rear property line. The minimum required rear setback for this lot in the OT-B zone district is 5 feet. The request is for the new detached accessory building to encroach approximately 3 feet 5 inches into the required rear setback. 2. A request for the new 720 square foot structure (1 story garage) to exceed the maximum allowable floor area for a detached accessory building. The maximum allowable floor area for a detached accessory building for this lot in the OT-B zone district is 600 square feet. The request is to therefore exceed the maximum allowable floor area for a detached accessory building by 120 square feet. 6. OTHER BUSINESS 7. ADJOURNMENT 5/8/25 – LURC MINUTES – DRAFT 1 Land Use Review Commission REGULAR MEETING Thursday, May 8, 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 – San Filippo, Carron, Coffman, Gupta, Vogel, Lawton Board Members Absent – Floyd Staff Members Present – Noah Beals, Kory Katsimpalis, Maddie Shehan Guest(s) – NONE 3. APPROVAL OF MINUTES San Filippo made a motion, seconded by Carron, to approve the April 10, 2025, Minutes as written. The motion passed by all members present. 4. PUBLIC PARTICIPATION -NONE- 5. VARIANCE REQUESTS a. APPEAL ZBA250008 - WITHDRAWN b. APPEAL ZBA250009 Address: 519 W Mountain Ave Owner/Petitioner: Christopher and Ellen Kelly Zoning District: OT-B Code Section: 2.1.6 Project Description: This is a request to increase the finished square footage in an existing detached house from 2,593 square feet to 2,826 square feet by enclosing an existing 234 square foot porch. The maximum allowable floor area in the OT-B Zone District is 2,400 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 west of Sherwood St. The lot shape is a long rectangle, as is the shape of the existing residence. The request is to enclose an existing porch area; this would result in an increase in the total floor area. The primary residence is currently over the maximum allowable floor area of 2,400 square feet allowed in the OT-B Zone District. Beals presented aerial views of the property, noting a detached accessory building at the rear of the primary residence as well as pointing out the roof portion that covers the existing porch. The existing porch is minimally visible from the public right of way. Abutting property owners to the west may see the change, but the properties are separated by a 6-foot privacy fence. The neighbor to the south would 5/8/25 – LURC MINUTES – DRAFT 2 not have visibility of the requested change, as the accessory building is between the neighboring property and the porch. Beals presented images from inside the yard of the subject property, detailing the existing porch. Views from the alley show the rear wall of the porch and will not change with the requested variance. Vice-Chair Lawton mentioned the 5-foot separation between the accessory building and porch that is requesting to be enclosed, and asked where that measurement is taken. Beals explained that the 5-foot measurement is taken from the wall face of the accessory building to the porch element. Applicant Presentation: Applicant Christopher Kelly, owner, 519 W Mountain Ave, addressed the Commission and offered comment. Kelly noted that he has previously appeared before the Commission in 2016 for earlier variances related to the accessory building (garage). The lot is 11,000 square feet and is long and narrow. This drives the placement of structures towards the rear of the lot. Kelly referenced page 18 of his original submission, noting the house was originally built in 1898 in the style of a Queen Anne Victorian home. In the 1950’s, the original porch Victorian was removed and replaced with a modern stoop. In 2018, the front porch was again rebuilt in a Queen Anne style. Kelly stated that the requested changes are not really anything new for the neighborhood and will have minimal impact on the remaining properties. The current rear porch was built with beetle kil pine ceilings, insulation and heating utilities, with the ultimate goal of enclosing the porch as a room at some point in the future. Kelly again referenced his materials, noting his plans that describe the extant house plans in comparison to his intended changes. The 1898 house is broken up and doesn’t tie together the 1950 or 2016 additions. The existing dining room has multiple entrances, and the original kitchen now serves as extra space. The master bedroom is small and is bifurcated by a staircase that comes down through a portion of the wall. There is no closet in the master bedroom, which makes it a non-conforming bedroom. The intended goal of the variance is to move the dining room to the porch area once it is enclosed and then increase the livability of the master bedroom. The variance request will not add any additional functionality to the home but will instead improve the flow and usability of the home within the existing footprint. Recent updates to the Land Use Code have necessitated a variance request in order to complete the intended series of renovations. Kelly described the process of due diligence including working with approved architects and reaching out to neighbors to ensure they were supportive of the renovation. The ultimate plan has always been to enclose the porch, hence the build out of the porch with beetle kill pine, insulation, and heating utilities. Vice-Chair Lawton asked if the accessory building contains any livable space. Kelly indicated that it is only used as a garage. At one point it contained a kiln, installed by the previous owner, but today it is used just as a garage and storage space. Member San Filippo asked Beals if 23 years later, could this subdivision be recorded, or has it expired. Beals is unsure of what exactly was approved in 2002; the quick answer is that it may have expired at least in portion. San Filippo questioned if the subdivision were recorded and the accessory building were taken down, could it lead to more potential variance requests? Beals answered yes, there may be a need for variances related to square footage, rear lot area, etc. Kelly stated that he has no real interest in subdivision of the lot but mentioned it for a full description of the current property. He likes the way the lot and home function currently, and renovation attempts are aimed at rejuvenating the property. Beals explained that the city now records subdivisions, via agreement with the County. The city would be the entity to verify any subdivisions. 5/8/25 – LURC MINUTES – DRAFT 3 Public Comment: -NONE- Commission Discussion: Commission member Coffman feels that there is a good argument to approve the variance on the grounds of nominal and inconsequential justification. The impact is minimal to surrounding neighbors. Due diligence seems to have been followed beginning with the 2016 variance requests. Commission member Carron agrees, noting that the variance will not change any square footage or exterior dimensions. Carron is in support of the request. Commission member San Filippo has no concerns with the variance request, and any concerns regarding subdivision and proximity of the detached accessory building have been quelled. Commission Member Vogel agrees with the previous statements and is in support of the variance request. Vice-Chair Lawton agrees with the previous statements and appreciates the earlier work that has been put into the property. Commission member Coffman made a motion, seconded by member Vogel to APPROVE ZBA250009, 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 426 square feet in order to enclose the existing porch 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 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 in consideration of the following facts: the proposed floor area is an existing porch that is enclosed by two walls and an abutting accessory structure; the additional floor area is in the rear half of the lot along the alley; and visual impact of the increased floor area is limited. 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: San Filippo, Carron, Coffman, Gupta, Vogel, Lawton Nays: Absent: Floyd c. APPEAL ZBA250010 Address: 2000 Mathews St Owner: Poudre Fire Authority Petitioner: Marie Hashaw, DaVinci Sign Systems, Inc. Zoning District: R-L Code Section: 5.16.2(B) Project Description: This is a request to allow for a 5-foot-tall wall sign. The maximum allowable height for a wall sign in the Residential Sign District is 1.5 feet. The request is to therefore exceed the maximum allowable height for a wall sign by 3.5 feet. 5/8/25 – LURC MINUTES – DRAFT 4 Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located at the end of Spring Park Dr. The request is to place a sign at the front of the building that will distinguish the individual Fire Station number. The property is located in the Residential Sign District; in this case, there is a parking lot and park, as well as a childcare center in the abutting lots. Residential lots in the area are screened by mature evergreen trees. Renderings of the sign show the new sign being placed under the eaves and above the garage bay doors; the sign will denote the station as Station 3. The sign will be illuminated with a soft backlit lighting system. Beals presented images of the view taken from the front of the station, noting the surrounding parking lots, park, and commercial elements. Vice-Chair Lawton noted the sign rendering as presented does not appear to include “Poudre Fire Authority” text within the ring, but this may just be a function of the rendering. Applicant representative Marie Hashaw can verify. Commission member Carron asked if surrounding areas primarily consists of commercial uses; Beals confirmed. Applicant Presentation: Applicant Marie Hashaw, DaVinci Sign Systems, Inc. 4496 Bents Dr, Windsor, CO, addressed the Commission and offered comment. Hashaw clarified that the sign would include “Poudre Fire Authority” text. The closest residential property is approximately 200 feet away and does not face the sign. Hashaw feels the sign is necessary for fire station identification, and there are no other feasible areas for sign placement on the property. Hashaw also noted that if the building were not in a Residential Sign District, it could be as large as 7 feet tall. The request today is for a sign height of 5 feet. Commission member San Filippo asked if there were any other similar signs on the property. Hashaw indicated there are no other illuminated signs. Gupta asked if the current lettering on the building [reading “Fire Station No. 3] would be maintained; Hashaw responded the existing lettering would remain, and it is not illuminated. Public Comment: -NONE- Commission Discussion: Commission member Carron is in favor of the request, and the sign fits in overall neighborhood context. The backlighting is thoughtful, and illumination is necessary for life safety concerns when needing to find/identify the fire station. Commission member Coffman agrees and feels this request can be justified as being nominal and inconsequential. Spring Creek Trail corridor and mature evergreen trees are effectively screening the sign from any nearby residential properties. Commission member San Filippo is in support of the variance and likes the design of the sign. Commission member Vogel is in support, noting that the presence of the sign actually improves public safety. 5/8/25 – LURC MINUTES – DRAFT 5 Vice-Chair Lawton is in favor of the variance request and noted the improved safety of the surrounding area created by a well-marked fire station. Commission member Carron made a motion, seconded by member Coffman to APPROVE ZBA250010, regarding the requested variance to Land Use Code Section 5.16.2(B) to allow a wall sign in the Residential Neighborhood Sign District to exceed the maximum allowable height of 1.5 feet by an additional 3.5 feet 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 5.16.2(B) 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 in consideration of the following facts: the sign is on the west side of the building that faces College Ave.; there are mature evergreen trees limiting the view of the sign to the north; and the property does not abut a residential property. 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: San Filippo, Carron, Coffman, Gupta, Vogel, Lawton Nays: Absent: Floyd d. APPEAL ZBA250011 Address: 1300 E Laurel St Owner/Petitioner: Corey Neuroth Zoning District: CCR Code Section: 3.1.8 Project Description: This is a variance request to allow a proposed 2,400 square foot detached accessory building (garage) to replace four existing detached accessory structures. The maximum allowable square footage for a detached accessory building for this lot is 800 square feet. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located at the east end of Laurel St. This lot is a unique shape compared to others in the area. Beals noted that a second portion of the variance request that was originally posted was determined as no longer necessary. The property is accessed via private easement, and the dirt road is not a public right of way. The request is for an accessory building to exceed 800 square feet. The concept is to replace existing accessory buildings with one larger accessory building. The property is located in a zone district that is intended primary for commercial uses. Existing residential uses may, over time, be turned into commercial uses. To the north is Springer Natural Area; to the south there are a collection of primarily non-residential properties. Residential properties that remain are remnants of historical farm properties. The proposed accessory building meets all necessary setbacks. The building is 2,400 square feet, which is larger than allowed maximum but is not out of scope for other uses and buildings in the area. The proposed garage is not intended for commercial use. Beals presented photographs of the existing accessory buildings, and also noted two trees that would need to be removed to accommodate construction of the proposed accessory building. 5/8/25 – LURC MINUTES – DRAFT 6 Vice-Chair Lawton asked for clarification regarding the number of existing buildings that need to come down. There are three enclosed structures (two garages and one shed) and one large pergola that is open on all four sides, which is counted as a fourth structure. Commission member San Filippo asked for the total square footage of the four buildings that are to be removed. Applicant Neuroth can provide that information during Applicant Presentation. Commission member Carron clarified that the total allowable square footage for an accessory building is based on the size of the lot itself; Beals confirmed. Applicant Presentation: Applicant Corey Neuroth, owner, 1300 E Laurel St, addressed the Commission and offered comment. Neuroth explained that he purchased the property in February 2025, at which time it was in fairly poor condition. In response to San Filippo’s question about total area of the existing accessory buildings, Neuroth stated that each garage is approximately 600 square feet, and the shed is approximately 200 square feet, for a total of 1,400 square feet. Neuroth also noted that the shed located at the rear of the property is very old and falling apart. The intent of the planned garage is to improve overall conditions on the lot and modernize storage capabilities. By replacing three separate structures with one, efficiency of space usage on the lot will be improved. Neuroth called out justification based on Hardship related to current difficulties with access to the back area of the lot created by irregular and narrow lot lines. Additionally, a recently installed new septic system and leech field have impacts on the potential location of the proposed garage to ensure proper spacing. The proposed garage would provide storage for a recreational trailer and personal property. Vice-Chair Lawton asked for clarification regarding the intended use of the proposed accessory building. Neuroth stated his intention is to park a fifth-wheel trailer inside of the garage, as well as store personal items so as not to be visible from outside of the property. Commission member San Filippo asked Neuroth if the septic systems are currently in place. Neuroth stated the previous owner installed the septic tank and leech field. The proposed building would not be built over any portion of the septic system. Public Comment: -NONE- Commission Discussion: Commission member Carron has no issue with the request. A hardship is created by the specific property shape within a zone district where otherwise it would not be an issue. The variance would improve the state of the lot by removing dilapidated buildings as well as providing covered storage. Commission member San Filippo agrees and is in support of the variance request. Commission member Coffman commented that on most residential lots this size of garage would be consequential but given the unique nature of the lot within this specific zone district, the proposed building could be considered nominal and inconsequential. Coffman is in support of the variance. Vice-Chair Lawton noted that code would allow for multiple accessory buildings on the lot; as proposed, one single building is a better solution and improves the character of the lot. 5/8/25 – LURC MINUTES – DRAFT 7 Commission member Coffman made a motion, seconded by member San Filippo to APPROVE ZBA250011, granting the requested variance to Land Use Code Section 3.1.8 to allow the allowable floor area for a detached accessory building in the CCR Zone District to exceed the maximum of 800 square feet by an additional 1,600 square feet in order to replace four existing detached accessory structures with a single detached garage 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 3.1.8 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 in consideration of the following facts: the CCR Zone District allows for large size structures on small parcels; and the City Streets Department facilities are to the east of the property. Additionally, since the lot is unique in size and shape compared to other parcels in the area, strict application of Section 3.1.8 would result in unusual and exceptional practical difficulties upon the applicant not caused by their own act or omission. 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: San Filippo, Carron, Coffman, Gupta, Vogel, Lawton Nays: Absent: Floyd 6. OTHER BUSINESS: Election of Chair and Vice-Chair Beals prompted the Commission to consider nominations and make a simple motion to elect Chair and Vice-Chair and encouraged any discussion necessary to reach those determinations. Commission member San Filippo removed his name from consideration due to family medical concerns. Coffman made a motion to elect Dave Lawton as Chair; seconded by member Vogel. Lawton is elected Chair by all members present. Coffman made a motion to elect Katie Vogel as Vice-Chair, seconded by member Gupta. Vogel is elected Vice-Chair by all members present. 7. ADJOURNMENT The Meeting was adjourned at 9:35 AM. Agenda Item 1 Item # 1 - Page 1 STAFF REPORT June 12, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250012 PROJECT DESCRIPTION Address: 2000 Timberline Ln Owner: Timberline Lane LLC Petitioner: John Humpal, Partner Zoning District: UE Code Section: 3.1.8 Variance Request: This is a request for a proposed 2,400 square-foot detached accessory building (shop/garage). The maximum allowable building floor area for a detached accessory building for this lot in the Urban Estate zone district is 1,200 square feet. The request is to exceed the maximum allowable floor area for a detached accessory building by 1,200 square feet. COMMENTS: 1. Background: The property was annexed into the City in 1989 as part of the Harmony Half Aces annexation. The primary building existed prior to annexation. It was an accessory building and in 2018 was converted to a primary building when an older modular dwelling was removed from the property. The property is less than an acre in size at .85 acres. In the UE zone district accessory buildings are allowed to be larger based on the size of the parcel regardless of the size of the primary building. In this case the maximum accessory building size is 1,200 square feet. Additionally, the code does allow for more than one accessory building, all 1,200 square feet. When there is more than one accessory building, they may be next to each other. A 5-foot separation is required from a primary building but not another accessory building. The existing property enjoys the shading and privacy created by mature vegetation. In the front property line there is a line of evergreen trees. 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 proposed square footage would be allowed in multiple buildings. • Multiple buildings would be allowed in the same footprint and location of the proposed design. • The parcel is large in size and requires bigger setbacks than other residential districts. Therefore, variance 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. 4. Recommendation: Staff recommends approval of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¶V5HSUHVHQWDWLYH PXVWEHSUHVHQWDWWKHPHHWLQJ /RFDWLRQ /D3RUWH$YH&LW\+DOO&RXQFLO&KDPEHUV LQVWUXFWLRQVZLOOEHHPDLOHGWR WKHDSSOLFDQWWKH)ULGD\RU0RQGD\SULRUWRWKHKHDULQJ 'DWH 6HFRQG7KXUVGD\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/dd E^dd D Ed yW>/E/E'd, Z ^KE&KZd, sZ/E Z Yh ^dZ Yh/Z s/ ^ WZd KhD Ed͘ %XLOGLQ RGHH XLUHPHQWVZLOOEHGHWHUPLQHG QG HYLHZHGE WKH%XLOGLQ H DUWPHQWVHSDUDWHO 2000 Timberline Lane 80525 Timberline Lane LLC UE John Humpal 725 Eastdale Dr Fort Collins 970-481-9456 jrhumpal@gmail.com May, 13, 2025 John Humpal 2. Equal to or better than 3. Nominal and inconsequential dditional Justification 2000 Timberline Lane, Fort Collins Colorado Variance Request from Land Use Code Timberline Lane LLC, is a family owned LLC comprised of John Humpal, Laurie Humpal, Gary Clark, Bettie Greenberg and Linda Clark. We are proposing to build a garage/shop for personal use on the property known as 2000 Timberline Lane in the City of Fort Collins. The property is zoned Urban Estate and Timberline Lane is a street comprised of 10 properties with a mix of modular, stick built and mobile homes along with detached storage buildings, sheds and garages. Currently the Urban Estate zoning allows an owner to build many 1250 square foot buildings on a property as is desired without much restriction or process. Rather than building multiple buildings that would take up more space on the lot, requiring removal of at least 2 large trees, turn more of the yard into gravel access and in turn detract esthetically from the overall urban appeal of our neighborhood. For these reasons alone, Iwe feel having the single building is better than multiple buildings. As mentioned above, this is for personal use and will not be used for a business. Having this larger building on the lot, fits in with the surrounding properties that over time have evolved to have several outbuildings/shops/garages. The shop/garage proposed, will be used for a woodworking shop and tools that our 88 year old father/father-in law who currently has his equipment in a building that has been sold. It will also be used for storage of miscellaneous personal belongings, lawn equipment for the lot, a small fishing boat and trailer and vehicles. I have personally spoken with most of the neighbors surrounding our property and explained our intentions. I also provided each of them with the information in this application. Only one neighbor voiced a concern that it would be used for business purposes and increase the traffic such as delivery trucks, UPS, etc. I assured him that was not at all the plan. He was then supportive of what we are wanting to do. Respectfully, I ask that you approve this variance application that will allow us to build this 2400 Square foot shop/garage. Kind regards, John Humpal Partner and Spokesperson for Timberline Lane LLC. View From New Building Site at 2000 Timberline Lane Back Portion of East Neighbors Lot Neighbor to North East – On Timberline Road Neighbor to North Neighbor to North View From New Building Site at 2000 Timberline Lane Neighbor to the West House on Property View Towards Timberline Lane – Front of Lot Neighbor to East Agenda Item 2 Item # 2 - Page 1 STAFF REPORT June 12, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250013 PROJECT DESCRIPTION Address: 608 Peterson St Owner: JRA Property Solutions LLC Petitioner: Jamie Allen, Owner Zoning District: OT-B Code Section: 2.1.6; 3.1.8 Variance Request: There are two requests associated with this variance: 1) A request for a new detached accessory building (1 story garage) to replace an existing detached accessory building (carriage house converted to a garage) in the same location, which is currently 1 foot 7 inches from the rear property line. The minimum required rear setback for this lot in the OT-B zone district is 5 feet. The request is for the new detached accessory building to encroach approximately 3 feet 5 inches into the required rear setback. 2) A request for the new 720 square foot structure (1 story garage) to exceed the maximum allowable floor area for a detached accessory building. The maximum allowable floor area for a detached accessory building for this lot in the OT-B zone district is 600 square feet. The request is to therefore exceed the maximum allowable floor area for a detached accessory building by 120 square feet. COMMENTS: 1. Background: The property was part of the original town plat in 1873. The primary building was constructed in 1910. There is an existing accessory structure that is accessed from the alley that is nonconforming in size and location. Most of the lots on the block use the alley for vehicle access. There is a mix of accessory buildings that meet the 600 square foot maximum floor area and exceed the standard. Accessory building size limitations were designed to maintain the neighborhood character. This part of the city that zoned OT-B is found to have long rectangular lots with modest size structures and accessory buildings that are subordinate to the primary building. Setback standards also maintain the character of the neighborhood and provide minimum safety regulations. A setback along the alley allows more time and space for vehicles to see each other in the alley. 2. Applicant’s statement of justification: See petitioner’s letter. See page 3 for Staff Conclusions and Findings and Recommendations Agenda Item 2 Item # 2 - Page 2 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval for an increase in square footage and finds that: • The variance is not detrimental to the public good. • The neighborhood has a mix of conforming buildings. • The existing structure is similar in size. • The proposed structure is a single-story building. 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. Further under Section 2.10.4(H), staff recommends denial for an encroachment into the rear setback and finds that: • The variance request creates increased safety concerns, becoming a detriment to the public good • The proposed design does not comply to the standard equally well or better than a design that meets the standard. • There is not a unique hardship that prevents the standard from being met. • An 80% encroachment into the setback is not nominal in connection to the increased safety concerns. 4. Recommendation: Staff recommends approval of only the square footage increase of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¶V5HSUHVHQWDWLYH PXVWEHSUHVHQWDWWKHPHHWLQJ /RFDWLRQ /D3RUWH$YH&LW\+DOO&RXQFLO&KDPEHUV LQVWUXFWLRQVZLOOEHHPDLOHGWR WKHDSSOLFDQWWKH)ULGD\RU0RQGD\SULRUWRWKHKHDULQJ 'DWH 6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP ’s Name )RUW&ROOLQV&2 ’s Petitioner’s Address ’s Name Petitioner’s Phone # !"Petitioner’s Email ’s Name !"Representative’s Address !"Representative’s Phone # !"Representative’s Email tZ/dd E^dd D Ed yW>/E/E'd, Z ^KE&KZd, sZ/E Z Yh ^dZ Yh/Z s/ ^ WZd KhD Ed͘ %XLOGLQ RGHH XLUHPHQWVZLOOEHGHWHUPLQHG QG HYLHZHGE WKH %XLOGLQ H DUWPHQWVHSDUDWHO 608 Peterson Street Jamie Allen Owner 80524 33 S. Boulder Circle, #302, Bould JRA Property Solutions LLC 7206907131 jamie@betterblueprintrealty.com Tom Martinez 834 F S. Perry Street, Suite 119, 7202345207 tom.martinez@bevaliant.net 2. Equal to or better than 3. Nominal and inconsequential dditional Justification 608 Peterson Street Ft. Collins, CO 80524 RE: Request for Variance Consideration – Statement Variance 1 - Scraping and rebuilding in the existing footprint, request for variance approval for encroaching into the required 5 foot rear setback (LUC Sec. 2.1.6) Variance 2 - New structure is greater than 600sf in floor area (30X24 = 720 sq.ft), additional variance request to exceed the maximum allowable floor area for a detached accessory structure in the OT Zone dist (LUC Sec. 3.1.8) We formally request a variance to demolish and replace the current detached structure (former carriage house) which has been converted and is currently used as a garage, see Variance 1 above. We request permission to remove the current structure and build a new structure in its place. We would absorb the current footprint, extending the building depth by 4 feet on the west side. Keeping the current width at 30 feet and maintaining the current access. – See Variance 2 above. JRA Property Solutions LLC, the property owner request this variance for a variety of reasons: • To preserve and maintain the aesthetic and function of the rear yard • To safeguard the health and wellness of a well-established, old-growth tree and the existing landscaping in the rear yard • There are current plans underway to submit for a building permit for renovation of the single-family residence on the property. Like precedents set by adjacent properties we propose bringing the garage up to current codes and present-day standards for function and safety. And to compliment the updates to the current home • The proposed demolition and re-construction would not change the functionality of the garage, nor would there be any negative impact to the current access to the garage from the alley. The only change to the footprint would be the additional 4 feet depth into the rear yard Telephone Number: 303-464-9515 Surveyors Name: Robert J. Rubino Address: 3312 Airport Road ofSheet Approved CDS Surveyor Th i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i g e n c e S e r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l an d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . To: JRA Property Solutions LLC; Land Title Guarantee Company; First American Commercial Due Diligence Services: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 11(a), 13, 14, 16, 19, and 20(a) of Table A thereof. The field work was completed on 4/24/2025. Date of Plat or Map: 4/30/2025 _______________________________ Robert J. Rubino, Colorado PLS 14142 surveyor@firstam.com 2 The Title Description and Schedule B items hereon are from Land Title Guarantee Company, Commitment No. FC25215675.1 dated 03/03/2025. NOTES CORRESPONDING TO SCHEDULE "B": TITLE DESCRIPTION TITLE INFORMATION FLOOD INFORMATION CEMETERY Possible Encroachments SURVEYOR CERTIFICATION BASIS OF BEARINGS SURVEYOR'S NOTES PARKING INFORMATION LAND AREA BUILDING AREA BUILDING HEIGHT VICINITY MAP 1 2 5 6 7 4 10 11 12 13 14 15 16 The Land referred to herein below is situated in the County of Larimer, State of Colorado, and is described as follows: THE NORTH 1/2 OF LOT 8, BLOCK 156 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. TITLE DESCRIPTION ZONING INFORMATION BUILDING HEIGHT TITLE INFORMATION SCHEDULE 'B' ITEMS SURVEYOR CERTIFICATION FLOOD INFORMATION CEMETERY POSSIBLE ENCROACHMENTS LEGEND BASIS OF BEARING SURVEYOR'S NOTES PARKING INFORMATION LAND AREA BUILDING AREA VICINITY MAP NORTH ARROW / SCALE CLIENT INFORMATION BOX SURVEY DRAWING 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FORT COLLINS RECORDED JANUARY 17 1873 UNDER RECEPTION NO. 1727. (NO EASEMENTS SHOWN ON THE PLAT) 1. No observable evidence of earth moving work, building construction or building additions within recent months. 2. No observable evidence of changes in street right of way lines completed, and available from the controlling jurisdiction and no observable evidence of recent street or sidewalk construction or repairs. 3. Property has access via Peterson Street and the 20' Alley which are public street ROW. 4. All statements within the certification, and other references located elsewhere hereon, related to: utilities, improvements, structures, buildings, party walls, parking, easements, servitudes, and encroachments; are based solely on above ground, visible evidence, unless another source of information is specifically referenced hereon. 5. No evidence of wetland areas marked or delineation observed. 6. No offsite easements listed in title commitment. 7. All observed above ground evidence of underground utilities are plotted and shown on the survey. Utility evidence includes: water valves, fire hydrants, water manholes, storm inlets, sanitary sewer manholes, electric and telephone risers. 8. All bearings and distances are measured and recorded unless noted otherwise. 9. Building height measured from finish / main floor to highest point of building. 10. The distance measurements shown hereon are the U.S. Survey Foot. 11. This survey does not constitute a title search by Rubino Surveying to determine ownership or easements of record, right of way or title of record. Rubino Surveying relied upon Land Title Guarantee Company, Commitment No. FC25215675.1 dated 03/03/2025. ALTA/NSPS Land Title Survey This Work Coordinated By: Project Name: CDS Project Number: Drwn By: Surveyor Ref.No: Aprvd By: Scale: Date: Revision: Client Ref. No: Prepared For: PROJECT ADDRESS Peterson Street - Fort Collins 25-04-0117 Th i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i g e n c e S e r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l an d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . T h i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i g e n c e Se r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l a n d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located.This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located. This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located.This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located. Date: Revision: Date: Revision: Date: Revision: There is no visible evidence of cemeteries on the subject property at the time of survey. Key to CDS ALTA Survey 1 18 PROJECT ADDRESS20 20 email: rubinosurveying@aol.com This survey prepared in accordance with the "2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys" (Effective February 23, 2021) The land shown in this survey is the same as that described in Land Title Guarantee Company, Commitment No. FC25215675.1 dated 03/03/2025. Boulder, CO 80301 Field Date: JRA Property Solutions LLC ZONING INFORMATION8 Zoning information is not provided SCHEDULE 'B' ITEMS3 608 Peterson Street, Fort Collins, Colorado THE BEARINGS ARE BASED ON THE NORTH LINE OF LOT 7 AND LOT 6 BLOCK 156, PLAT OF FORT COLLINS ASSUMED TO BEAR N89°57'01"W BETWEEN MONUMENTS FOUND AND DESCRIBED HEREON. 9,500 SQ. FT. / 0.2181 ACRES By graphic plotting only, the subject property is not located in a flood hazard area of the Flood Insurance Rate Map, Community Panel No. 08069C097H, Effective Date: 5/2/2012. The subject is located in Zone "X" (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain". HOUSE 1,653 sq. ft. HOUSE 18 Feet N/A Roof overhang 0.3' over property line GARAGE 605 sq. ft. GARAGE 17 Feet Fence crosses property line Wood fence / wall crosses property line Wood fence / wall crosses property line Wood fence / wall crosses property line Field Date: Ref.No: Surveyor This survey prepared in accordance with the "2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys" (Effective February 23, 2021) This Work Coordinated By: 17 NORTH ARROW / SCALE Boulder, CO 80301 LEGEND9 This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located.This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located. Th i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i g e n c e S e r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l an d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located.This survey coordinated, but not performed, by Commercial Due Diligence Services. Survey obtained from and certified to by a land surveyor licensed in the state property is located. Th i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i ge n c e S e r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l an d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . Th i s s u r v e y c o o r d i n a t e d , b u t n o t p e r f o r m e d , b y C o m m e r c i a l D u e D i l i g e n c e S e r v i c e s . S u r v e y o b t a i n e d f r o m a n d c e r t i f i e d t o b y a l an d s u r v e y o r l i c e n s e d i n t h e s t a t e p r o p e r t y i s l o c a t e d . Date:Scale: Date: Aprvd By: Revision: Revision: Revision: Project Name: PROJECT ADDRESS 25-04-0117 CDS Project Number: Peterson Street - Fort Collins 20 Client Ref. No: Prepared For: Date: 18 ALTA/NSPS Land Title Survey Date: Revision: Drwn By: of 22Sheet © Telephone Number: 303-464-9515 Surveyors Name: Robert J. Rubino Address: 3312 Airport Road Approved CDS Surveyor email: rubinosurveying@aol.com 19 JRA Property Solutions LLC 608 Peterson Street, Fort Collins, Colorado