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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 06/12/20255/8/25 – LURC MINUTES – APPROVED 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 VARIANCE REQUESTS a. APPEAL ZBA250008 - WITHDRAWN b. APPEAL ZBA250009 Address: 519 W Mountain Ave Owner/Petitioner: Christopher and Ellen Kelly Zoning District: OT-B Code Section: 2.1.6 Project Description: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 – APPROVED 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. Public Comment: 5/8/25 – LURC MINUTES – APPROVED 3 -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. Staff Presentation: 5/8/25 – LURC MINUTES – APPROVED 4 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. 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. 5/8/25 – LURC MINUTES – APPROVED 5 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. 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. 5/8/25 – LURC MINUTES – APPROVED 6 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. 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 5/8/25 – LURC MINUTES – APPROVED 7 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. Mintes Approved on June 12, 2025