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Home My WebLink About07/10/2025 - Land Use Review Commission - AGENDA - Regular MeetingLAND USE REVIEW COMMISSION REGULAR MEETING City Council Chambers – 300 Laporte Ave, Fort Collins, CO 80521 7/10/25 – LURC SUMMARY AGENDA 1 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Approval of June 12, 2025, Minutes. 4. PUBLIC PARTICIPATION Public Participation for items not included in the agenda. 5. VARIANCE REQUESTS a. APPEAL ZBA250016 Address: 3215 Burning Bush Ct Owner/Petitioner: Joel & Anna Goldetsky Zoning District: RL Code Section: 2.1.4 Project Description: This is a request for a proposed 16-foot deck to encroach 2 feet into the required rear setback. The minimum required rear setback for this property in the RL zone district is 15 feet. Additional items are included on Page 2 of the Agenda. Participation in the Land Use Review Commission Meeting on Thursday, July 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 7/10/25 – LURC SUMMARY AGENDA 2 b. APPEAL ZBA250017 Address: 719 S Lemay Ave Owner: The Riverside Wendy’s Inc. Petitioner: Jason Graber, Chief Development Officer Zoning District: NC Code Section: 5.16.2(G)(1) Project Description: This is a request to allow for one additional existing freestanding permanent sign (pre-sale menu board drive-thru lane sign). The maximum number of drive-thru signs in all sign districts is one (1) per drive-thru lane. c. APPEAL ZBA250018 Address: 2318 Laporte Ave Owner/Petitioner: Forrest Schrupp Zoning District: LMN Code Section: 4.3.5(C)(4) Project Description: This is a request to construct a six (6) foot fence between the front building line and the front property line of the subject property. The maximum height for a fence between the front building line and the front property line is four (4) feet. The variance request is to exceed the maximum allowable fence height in this location by two (2) feet. d. APPEAL ZBA250019 Address: 614 W Mountain Ave Owner: Jennifer & Carlos Arguelles Petitioner: Taylor Meyer, Architect, VFLA Architecture + Interiors Zoning District: OT-B Code Section: 2.1.6 Project Description: This is a request for a proposed 773 square-foot addition to a 2,025 square-foot detached house. This will follow a demolition of an existing 239 square-foot addition on the rear of the existing 2,284 square-foot house. 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 of a detached house in the OT-B zone district by 418 square feet. 6. OTHER BUSINESS 7. ADJOURNMENT 6/12/25 – LURC MINUTES – DRAFT 1 Land Use Review Commission REGULAR MEETING Thursday, June 12, 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, San Filippo, Lawton, Vogel, Coffman, Floyd, Carron 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 May 8, 2025, Minutes as written. The motion passed by all members present. 4. PUBLIC PARTICIPATION -NONE- 5. VARIANCE REQUESTS a. APPEAL ZBA250012 Address: 2000 Timberline Ln Owner: Timberline Lane LLC Petitioner: John Humpal, Partner 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. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on Timberline Ln, which is a small street just before Harmony Rd. This particular subdivision did develop in the County before being annexed into the city. The request is to build a new accessory structure that exceeds the allowable floor area for this zone district. Beals explained that the property currently has two buildings on the lot, one that is a primary residence and one accessory building. The request is to construct a new accessory building at the rear of the property. The UE Zone District has two setback standards: one for buildings that are newly constructed, and one for properties that were developed prior to 1997. Based on standards, multiple accessory buildings are allowed to be built on this lot. Minimum distances between multiple buildings would be required. This application requests to build one single accessory building 6/12/25 – LURC MINUTES – DRAFT 2 that exceeds the floor area requirements for a single accessory building. Floor area requirements pertain to individual buildings, but not the lot in total, as long as setbacks are being met. Beals described the lot features, noting an unimproved gravel drive for vehicular access, as well as pointing out that most properties in this area are not currently hooked into City sewer/water utilities. Mature evergreen trees are present on the property and do provide some amount of visual screening for the property. Chair Lawton confirmed with Beals that multiple accessory buildings could potentially be built on the property, as long as setbacks are met. Commission member Coffman asked Beals to explain the purpose of the 1,200 square foot limit on accessory buildings. Beals explained that this maintains a subordinate relationship between accessory and primary structures. Beals noted this may be a loophole that needs to be addressed in the future. Applicant Presentation: Applicant Gary Clark, co-owner, Timberline Lane LLC, addressed the Commission and offered comment. Clark stated that the primary reason for purchasing the property was to provide space for his father who recently vacated another property. In looking at the subject property, Clark believes that placing one single accessory structure is the most sensible option. Additionally, there is a large septic field towards the front of the lot that cannot be built over. By placing the accessory building in the proposed site, it would also prevent the cutting down of multiple existing large trees. The proposed placement also maintains the current view enjoyed by a neighbor. Clark stated that the neighborhood in general has given him feedback that a single, larger building is their preferred solution. Chair Lawton asked Clark about the intended use of the proposed accessory building. Clark stated that it would be used to store recreational vehicles, as well as serve as a woodworking workshop for his father. Clark indicated that there are also plans to beautify the property via upgrades to landscaping and some tree trimming. Clark noted that the small house on the property is currently being rented out to a tenant; the tenant enjoys the “rural” feeling of the lot amidst the otherwise busy urban surroundings. Commission member San Filippo asked if the existing shop is used for habitable space. Clark stated that it is only being used for storage by the current tenant. Commission member Floyd asked Clark to explain the intended access to the proposed accessory building. Clark explained that they are planning to construct a gravel drive off of the east side of the proposed accessory building. Public Comment: Leonard Ewy, owner, 4413 S Timberline Rd, explained that his driveway extends back from Timberline, and his property is directly north of the subject property. Ewy stated that he has been there since 1979 when it was County land. Ewy asked Clark if water and septic would be brought to the building? Clark stated that only electric utilities would be brought to the accessory building. Ewy asked if there were any windows or doors on the north side of the building? Clark confirmed that there would not be windows or doors on the north side. Ewy went on to state that he doesn’t want this potential variance approval to be a steppingstone to change the zoning of this area; he fought previously during annexation to create the current zoning designation. Ewy is concerned that zoning could change to allow more business uses in the area 6/12/25 – LURC MINUTES – DRAFT 3 Commission Discussion: Chair Lawton noted this seems to be an outcome of current zoning; this square footage or more could theoretically be achieved by building multiple smaller structures with less utility, without a variance request. Lawton is in support of the request. Commission member Coffman sees this as an instance of equally well or better than; he would be in support. Commission member San Filippo agrees with the statements of Lawton and Coffman, noting that one building results in more open space being maintained on the property. San Filippo is in support of the application. Vice-Chair Vogel is in support; she appreciates the neighbor’s concerns about potential zoning impacts, as well as the neighbor’s desire to have a minimal number of buildings on the property. Commission member Coffman made a motion, seconded by member Floyd to APPROVE Appeal ZBA250012 granting the requested variance to Land Use Code Section 3.1.8 to allow the proposed detached accessory building to exceed the maximum allowable floor area by an additional 1,200 square feet as shown in the hearing materials. The Commission finds that the variance would not be detrimental to the public good; and will promote the general purpose of Section 3.1.8 equally well or better than would a proposal complying with the standard because: the proposed square footage would be allowed for a proposal to build multiple accessory buildings; multiple buildings would be allowed in the same footprint and location of the proposed design; and the parcel is large in size and requires bigger setbacks than other residential districts. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission adopts the information, analysis, findings and conclusions in the hearing staff report. Yeas: Gupta, San Filippo, Lawton, Vogel, Coffman, Floyd Nays: Absent: Carron b. APPEAL ZBA250013 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 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. 6/12/25 – LURC MINUTES – DRAFT 4 Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on Peterson St, south of E Myrtle St. The property takes access from the alley, as do most properties along this block face. The current accessory building does encroach into the rear setback. Other buildings in the area do encroach as well, but as new garages have been built in this area they have been built to comply with the rear setback. The purpose of the setback is to provide vehicular safety during ingress/egress, as well as to provide relief space to pull off when cars are passing in the alley. The existing garage is approximately 605 square feet; the proposed garage would be 720 square feet. Beals provided site plans and elevations. Beals noted the plans indicate an encroachment of the side setback, but this was not included in the variance request; the applicant would have to come back and request a separate variance for encroachment into the side setback. Pictures of the existing structure were presented; the structure is not large enough to accommodate a car being parked inside of it. Beals noted that Staff’s recommendation is for approval of the increased square footage, with denial of the proposed setbacks in order to maintain alley safety. Chair Lawton confirmed with Beals that the applicants would need to come back for an additional variance if they intend to encroach into the side setback, as that was not included in this variance request. Beals noted that applications go through a process during intake when submitted, and variance request conditions are noted. Beals is not sure if there was a conversation about the side setback encroachment. One option for the applicant would be to postpone the application to include any additional variance requests that might be needed. Lawton asked about other properties in the block face that currently encroach into the rear setback, and how compliance might be achieved. Beals noted that new construction would be expected to meet the current setback requirements; if not, they would have required a variance. Commission member Floyd asked if there were any case studies that show the benefits of maintaining the 5- foot setback in the alley? Beals stated that he does not directly have a case study, but the Engineering Dept. may have that information. Lawton asked if there were any easements in the rear. Beals indicated there were none. Commission member San Filippo performed a site visit on Sunday, June 8 at approximately 10:00 am. San Filippo observed that the property and structure are well-maintained. When visiting the rear alley, San Filippo observed multiple garages and accessory buildings that appeared to meet the required 5-foot rear setback. Additionally, multiple garages were in the process of being built that also appeared to meet the required 5-foot rear setback. Applicant Presentation: Applicant Jamie Allen, owner, 608 Peterson St, addressed the Commission and offered comment. Allen stated that they are attempting to construct an over-sized garage to provide more usable storage and vehicular parking. The proposed building would maintain the character of the neighborhood and would improve structural safety compared to the state of the existing building. 6/12/25 – LURC MINUTES – DRAFT 5 Chair Lawton asked what hardship exists to keep the building from complying with standards? Allen stated the building would add value to the area. Lawton noted that usually an applicant would have a distinct hardship that would prevent compliance; there doesn’t appear to be a hardship created by the lot to prevent compliance. Commission member San Filippo asked if there were a reason why the structure can’t comply with the setbacks? Why not seek a variance for the side setbacks? Allen stated they thought this was included in the request and is not sure why it wasn’t. San Filippo explained that over time, accessory buildings in this area will eventually come into compliance. San Filippo doesn’t see a hardship present based on the application and applicant presentation. San Filippo asked the applicant if they would like to postpone the application; Allen indicated that they did not want to delay the process by postponing or tabling the application. Beals suggested perhaps the Commission provide a break in order for Allen to call his business partner to gather additional information and/or answers to the questions posed by the Commission. Commission member Coffman asked Beals if there would be a difference in cost and/or time if the item were postponed? Beals explained that there would be no additional cost to revise the application for next month; that would add an additional month of time. Assistant City Attorney Brad Yatabe feels it is appropriate to hear from the public as needed now, and again if additional information is presented by the applicant after a break. Lawton thinks the application is ok from a square footage perspective; it is the setbacks that are giving pause. The question becomes do we want to go through that whole process now or postpone for more time. If the square footage was approved and setbacks denied, would that stop the project? Public Comment: -NONE- *9:24am - Chair Lawton called for a 10-minute break to allow the applicant to call his business partner in order to gather additional information/responses based on Commission questions thus far. *9:33- Meeting resumed with Commission Discussion. Applicant Presentation, cont. Applicant Jamie Allen stated that the existing structure is already encroaching into side and rear setbacks; the purpose of maintaining these encroachments is to provide space for vehicle storage with the proposed structure. Beals notes that new construction is expected to comply with the current standards. Commission Discussion: Commission member Coffman noted that the questions thus far have been illuminating. Coffman has no problem with the size variance, as increased floor area is pushing into the lot towards the residence. However, he does not find a compelling reason why the setbacks cannot be met. Coffman is not in support of the setback variance. Commission member Gupta agrees with the comments of Coffman. Gupta is ok with the increase in size but does not see the hardship that warrants encroachments into the setbacks. This would be an opportunity to improve conditions within the alley. Commission member San Filippo agrees with previous comments. San Filippo supports the increase in size but does not support rear setback encroachment. 6/12/25 – LURC MINUTES – DRAFT 6 Commission member Floyd agrees. Vice-Chair Vogel agrees with the previous comments. Vogel also noted that the neighbor directly behind is not compliant with setbacks, so the need to maintain safety in that portion of the alley is paramount. Chair Lawton stated that the planned building is an improvement for the property and the neighborhood; however, he has not found any clear hardship that necessitates encroachment into the setbacks. Beals noted that if this variance application were postponed, a new application is not needed. If a decision is rendered by the Commission now, and a variance is sought for side setback encroachment, a new application and fee would be required. This current application would not be re-opened if a decision is rendered today. San Filippo asked Allen if his partner wanted to postpone the application today or not in order to deal with a potential variance request regarding the side setback. Allen indicated that they would like to move forward. Floyd explained that if square footage was approved today, it would require modification to the proposed placement of the structure in order to comply with setbacks on the rear and the side. Commission member Coffman made a motion, seconded by member San Filippo to APPROVE IN PART Appeal ZBA250013 granting the requested variance to Land Use Code Section 3.1.8 to allow the proposed detached accessory structure to exceed the maximum allowable floor area by 120 square feet 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 3.1.8 to except in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of Land Use Code Section 1.2.2 because: the neighborhood has a mix of conforming buildings; the existing structure is similar in size; and the proposed structure is a single-story building. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission adopts the information, analysis, findings and conclusions in the staff report. Yeas: Gupta, San Filippo, Lawton, Vogel, Coffman, Floyd Nays: Absent: Carron Commission member Coffman made a motion, seconded by member Floyd to DENY IN PART Appeal ZBA250013 regarding the requested rear setback encroachment variance to Land Use Code Section 2.1.6, finding that the variance: Would be detrimental to the public good because the proposed encroachment would create traffic safety concerns; and the variance as submitted would not comply with the any of the three Land Use Code variance standards contained in Section 6.14.4(H)(1) through (H)(3) specifically: the proposed design does not comply with the standard equally well or better than a design meeting the standard; there is not a unique hardship preventing the standard from being met; and an 80% encroachment into the setback is not nominal in connection to the increased safety concerns. This decision is based upon the agenda materials, information presented during this hearing, and Commission discussion. The Commission adopts the information, analysis, and findings and conclusions in the staff report. Yeas: Gupta, San Filippo, Lawton, Vogel, Coffman, Floyd Nays: Absent: Carron 6/12/25 – LURC MINUTES – DRAFT 7 6. OTHER BUSINESS Assistant City Attorney Brad Yatabe noted that there is a specific hardship provision; additionally, equally well or better than provides a bit more expansive standards for interpretation of what constitutes a hardship for any specific appeal/property. 7. ADJOURNMENT The Meeting was adjourned at 9:49AM. Agenda Item 1 Item # 1 - Page 1 STAFF REPORT July 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250016 PROJECT DESCRIPTION Address: 3215 Burning Bush Ct Owner/Petitioner: Joel & Anna Goldetsky Zoning District: RL Code Section: 2.1.4 Variance Request: This is a request for a proposed 16-foot deck to encroach 2 feet into the required rear setback. The minimum required rear setback for this property in the RL zone district is 15 feet COMMENTS: 1. Background: The property is a part of the 1994 Overland Trail annexation. Later it was subdivided and received development approval as a single unit home in 1999 part of the Ponds at Overland Trail subdivision. In the RL zone the rear setback is 15 feet. The 15-foot setback reinforces the character of the neighborhood in creating larger lot sizes with homes that sit in the middle of the lot. Additionally, in cases where a lot abuts another residential lot it provides separation for safety. This property abuts land that is owned by the HOA. The HOA land is designated as drainage, access, and landscape easement. This means the HOA land will not be built on. The proposed deck is open on three sides. The proposed encroachment is limited in its visibility. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 6.14.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good. • Along the rear property line abutting HOA land will remain undeveloped. • The deck is open on three sides. 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. 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Hardship 3. 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Petitioner: Jason Graber, Chief Development Officer Zoning District: NC Code Section: 5.16.2(G)(1) Variance Request: This is a request to allow for one additional existing freestanding permanent sign (pre-sale menu board drive- thru lane sign). The maximum number of drive-thru signs in all sign districts is one (1) per drive-thru lane. COMMENTS: 1. Background: The property was annexed into the City in 1967 as part of the Lemay Annexation. It was later subdivided in 1984 as part of the Riverside Shopping Center. The existing building was constructed in 1985 as a fast-food restaurant. In general sign regulations are to provide safety and to prevent sign clutter. Drive-thru lanes are allowed one freestanding sign. The proposed sign is a request to allow an additional freestanding sign to be seen by the drive-thru lane. This sign is smaller than the other freestanding sign and is not visible at the same time. There is an existing sign that the proposed sign is replacing, and it is part of an effort to update all the signs on site. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 6.14.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good. • It is a replacement of an existing sign. • The message of the proposed sign is not visible at the same time a viewer is reading the other sign. 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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¶V5HSUHVHQWDWLYH PXVWEHSUHVHQWDWWKHPHHWLQJ /RFDWLRQ/D3RUWH$YH&LW\+DOO&RXQFLO&KDPEHUV LQVWUXFWLRQVZLOOEHHPDLOHGWR WKHDSSOLFDQWWKH)ULGD\RU0RQGD\SULRUWRWKHKHDULQJ 'DWH6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP Variance Address Petitioner’s Name, if not the Owner City Petitioner’s Relationship to the Owner is Zip Code Petitioner’s Address Owner’s Name Petitioner’s Phone # Code Section(s)Petitioner’s Email Zoning District Additional Representative’s Name Justification(s)Representative’s Address Justification(s)Representative’s Phone # Justification(s)Representative’s Email Reasoning Date ___________________________________ Signature __________________________________________ tZ/ddE^ddDEdyW>/E/E'd,Z^KE&KZd,sZ/EZYh^dZYh/Zs/ ^WZdKhDEd͘ %XLOGLQ RGHH XLUHPHQWVZLOOEHGHWHUPLQHG QG HYLHZHGE WKH%XLOGLQ H DUWPHQWVHSDUDWHO 719 S Lemay Jason Graber Chief Development Officer 80524 6850 W 52nd, 200, 80002 Aksan United 720-308-3000 Signage jgraber@bodaninc.com Neighborhood Commercial Greg Macik 56 Edwards Village Blvd, 210 816 970-766-1470x107 greg@tabassociates.com 05/15/2025 Gregory Macik 3. Nominal and inconsequential Additional Justification dditional Justification TAB Associates, Inc. The Architectural Balance 56 Edwards Village Blvd Edwards, Colorado 81632 (970) 766-1471 fax www.tabassociates.com tab@vail.net Memo Project: Wendy’s Lemay Signage Variance Project No: 2426 Date: May 15, 2025 RE: Pre-Sale Signage Variance FROM: Greg Macik, Principal TO: VIA: Signage Review Email Remarks: Please the attached Variance request and signage application for review. 1. We are requesting a variance for an existing pre-sale menu board shown as type 5 in the attached application. 2. Existing signage has been in place since building construction. 3. With pre-sale signage square footage we are still under the Granted amount of square footage. 4. Sign is a typical signage as part if Wendy’s corporate signage packages. 5. Sign is small and inclusive in the landscaping. See images. S:\2426 Wendy's S Lemay (4435)\02 Proj Info\07 Approval Agencys\02 Permit\Signage\2025 0515 Sign Variance Memo-719 S Lemay.doc Agenda Item 3 Item # 3 - Page 1 STAFF REPORT July 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250018 PROJECT DESCRIPTION Address: 2318 Laporte Ave Owner/ Petitioner: Forrest Schrupp Zoning District: LMN Code Section: 4.3.5(C)(4) Variance Request: This is a request to construct a six (6) foot fence between the front building line and the front property line of the subject property. The maximum height for a fence between the front building line and the front property line is four (4) feet. The variance request is to exceed the maximum allowable fence height in this location by two (2) feet. COMMENTS: 1. Background: The property was annexed into the City in 1987 as part of the West Laporte Avenue Fifth annexation. The existing house was built prior to annexation in 1913. The property was never subdivided. Fence regulations are in place to find a balance between safety and privacy. Front yard fences are limited to 4 feet in height to provide clear delineation of property lines and allow visibility for driveway entrances and sidewalk connections. Additionally, lower fences allow for visibility to the public right of way to prevent nefarious activity. The property for years has enjoyed dense vegetation along Laporte Ave. In the last year this vegetation was cleared, and additional property was acquired by the City to improve the street with sidewalk, bike lanes, and parking along Laporte Ave. Across the street from the subject property is Poudre School District offices and bus facilities. The driveway into PSD site aligns directly with the front of the house, creating excessive light pollution. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 6.14.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good. • The additional height will help prevent direct glare from vehicles. • The public right of way is still visible from other properties. 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 ZBA250018. Petitioner’s Name, if not the Owner I would like to request a variance to build a six foot fence at the front of my property to help limit light pollution into my living area from the PSD maintenance facility buses from the bus barn, and to help with noise control and privacy from the recently installed sidewalk and bike path. I previously had trees and bushes Signature Reasoning 3. Nominal and inconsequentialJustification(s) Representative’s Phone # thanJustification(s) Representative’s Address HardshipJustification(s) Additional Representative’s Name Low Density, Mixed-Use Neighbo Zoning District Petitioner’s Email 4.3.5 (C) Code Section(s) Petitioner’s Relationship Fort Collins, CO City 2318 Laporte Ave. Variance Address Forrest Schrupp 80521 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. Date JUNE 1, 2025 REASONS FOR VARIANCE REQUEST FOR FENCING AT 2318 LAPORTE AVE. I am applying for a variance to build a six foot fence on the south side of my property to help increase privacy and mitigate noise, and light pollution. We routinely notice more light coming into our home dining and living room areas from the Poudre School District Bus barn and Maintenance Facility (located directly south across Laporte Avenue). Along with the increase of encroaching light from vehicles, we have also noticed a significant increase in loud noises from the facility. Previously I had tall trees (over 10 ft) and bushes that helped, but were taken down to accommodate the new sidewalk and bike path that were installed between my property and Laporte Ave. Ever since the new sidewalk and bike path were completed we have notice increased biking and foot traffic and associated noise. A six foot fence (versus 4 foot) would help block the beams of headlights from shining into my living areas through my front windows. Please see photos for more of a description of the front of my house and the surrounding areas. Lastly a six foot fence would not be out of character for our neighborhood, as the Northwest Subarea Plan describes our area as one of a rural and eclectic nature. Sincerely, Forrest Schrupp, 2318 Laporte Ave, (970) 481-8506 Agenda Item 4 Item # 4 - Page 1 STAFF REPORT July 10, 2025 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA250019 PROJECT DESCRIPTION Address: 614 W Mountain Ave Owner: Jennifer & Carlos Arguelles Petitioner: Taylor Meyer, Architect, VFLA Architecture + Interiors Zoning District: OT-B Code Section: 2.1.6 Variance Request: This is a request for a proposed 773 square-foot addition to a 2,025 square-foot detached house. This will follow a demolition of an existing 239 square-foot addition on the rear of the existing 2,284 square-foot house. 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 of a detached house in the OT-B zone district by 418 square feet. COMMENTS: 1. Background: The property was annexed and subdivided as part of the Loomis Addition in 1887. The existing primary building was constructed in 1905. It is unclear how many remodels have occurred since it was first built. However, there was an addition that was not part of the original structure to the rear that will be removed with the proposed design. The Land Use Code was updated last year. With this update new limitations were put in place on single-unit housing in the Old Town District. These limitations are to incentives larger lots for more dwelling units. Additionally, they help maintain the character of the existing neighborhood. The existing lot is approximately 10,000 square feet in size. In OT-B the minimum lot size is 5,000 square feet. The previous code would have allowed more floor area based on the larger lot size. The existing home with both the original building and the addition will total 2,523 square feet, exceeding the current allowable floor area by 123 square feet. The proposed design will result in 2,818 square feet, exceeding the maximum by 418 square feet. This results in an increase of 295 square feet in floor area from the existing conditions. The proposed design is one story and contained to the rear of the building. The design exceeds side yard setbacks and aligns with the original walls of the house. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 6.14.4(H), staff recommends approval and finds that: • The variance is not detrimental to the public good. • The increase floor area is 11% increase from the existing condition • The addition is one story and to the rear of the existing building reducing its visibility. Agenda Item 4 Item # 4 - Page 2 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 ZBA250019. and reviewed b the Buildin De artment se aratel . Application Request for Variance from the Land Use Code The Land Use Review Commission has been granted the authority to approve variances from the requirements of Articles 3 and 4 of the Land Use Code. The Land Use Review Commission shall not authorize any use in a zoning district other than those uses which are specifically permitted in the zoning district. The Commission may grant variances where it finds that the modification of the standard would not be detrimental to the public good. Additionally, the variance request must meet at least one of the following justification reasons: (1)by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed); (2)the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; (3)the proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way when considered in the context of the neighborhood. This application is only for a variance to the Land Use Code. Building Code requirements will be determined When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. However, for good cause shown by the applicant, the Land Use Review Commission may consider a one-time 6 month extension if reasonable and necessary under the facts and circumstances of the case. An extension request must be submitted before 6 months from the date that the variance was granted has lapsed. Petitioner or Petitioner’s Representative must be present at the meeting Location:300 LaPorte Ave, City Hall Council Chambers (instructions will be emailed to the applicant the Monday prior to the hearing) Date:Second Thursday of the month Time: 8:30 a.m. Variance Address Petitioner’s Name, if not the Owner City Fort Collins, CO Petitioner’s Relationship 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)Choose One from List Representative’s Address Justification(s)Additional Justification Representative’s Phone # Justification(s)Additional Justification Representative’s Email Reasoning WRITTEN STATEMENT EXPLAINING THE REASON FOR THE VARIANCE REQUEST REQUIRED VIA SEPARATE DOCUMENT. Date Signature Building Co e u remen s w e erm ne 614 W Mountain Ave 80521 Jennifer & Carlos Arguelles 2.1.6 OT-B Zone District Nominal, inconsequential Taylor Meyer, AIA VFLA Architecture + Interiors Architect 419 Canyon Ave, Suite 200 970-224-1191 taylor@vfla.com 06/10/2025 Strength in design. Strength in partnership. Strength in community. VAUGHT FRYE LARSON ARONSON architects 419 Canyon Ave, Suite 200 Fort Collins, CO 970.224.1191 108 East Lincolnway Cheyenne, WY 307.635.5710 w w w . v f l a . c o m 06-10-2025 City of Fort Collins Land Use Review Commission 281 North College Avenue Fort Collins, CO 80524 RE: Variance Request for 614 West Mountain Avenue To Whom it May Concern, On behalf of my clients, Jennifer and Carlos Arguelles, I am requesting a variance to Land Use Code section 2.1.6 regarding the maximum allowable floor area of a Detached House in the OT-B zone district for the property located at 614 West Mountain Avenue. The maximum allowable floor area for a Detached House in the Old Town District, Medium (OT-B) Zone District is 2400 sf. The goals of the renovation of this home are to allow comfortable modern living to an older home by adding a more spacious living room, an expanded kitchen and pantry, a functional mudroom and powder room, as well as an elevator, all the while minimizing the impact to the historic character-defining features of this home. To accommodate our client’s program needs, we are first proposing to demo an existing 239 sq ft non-original addition on the rear of the original home (2,284 sq ft) and then replace it with a new 773 sq ft new addition. The resulting design will be 2,818 sq ft therefore the proposed design only exceeds the maximum allowable floor area by 418 sq ft. Also, the addition will have minimal visual impact from the front street view because the addition will be on the rear of the home and will not be wider nor taller than the existing home. The property owners plan to age-in-place in this home. Jennifer has recently had an operation which limits her mobility and furthermore they are preparing for the need for an elevator in the future. There is insufficient space on the main level to locate a primary suite and an upstairs bedroom would require an elevator. But an elevator retrofit would be disruptive to the existing home’s historic structure and it would be challenging and expensive to install. The best way to add an elevator without disturbing the existing home’s structure is to include the elevator in the new addition. Therefore, the elevator is planned to be in the proposed new addition and it will service a primary suite on the lower level of the addition. Locating the new primary suite in the lower level of the addition will, again, minimize the impact to the existing home. A design for an addition to the home that doesn’t exceed the maximum allowable floor area limit was considered but the addition would be limited to only 354 sq ft which was insufficient to meet the program requirements. The new addition will complement the style of the architecture of the original home, but it will not match the home being careful not create the illusion that they were built in the same era. Also, the addition will be better VAUGHT FRYE LARSON ARONSON architects 419 Canyon Ave, Suite 200 Fort Collins, CO 970.224.1191 108 East Lincolnway Cheyenne, WY 307.635.5710 w w w . v f l a . c o m constructed and will be much more energy efficient, meeting or exceeding the current energy code requirements. Lastly, the design phase for this project began in 2019 when Carlos and Jennifer first started sketching options for improving the livability of their home. Since then, the City adopted a new land use code which changed the way Maximum Allowable Floor Area is calculated. And the change in Maximum Allowable Floor Area is different for each property. At 614 W Mountain the maximum allowable floor area was reduced by 397 sq ft. Now this same design requires a variance request. The proposed increase of allowable floor area for the property will not be detrimental to the public good and it will not diverge from the standards except in a nominal and inconsequential way when considered in the context of the neighborhood for the following reasons: · The proposed design only exceeds the maximum allowable floor area by 418 sq ft. · The proposed addition is on the rear of the original home, is shorter than the original home, and is no wider than the original home. · One of the reasons for the addition to the home is to accommodate a new elevator to meet the property owner’s accessibility needs. For these reasons we feel the increase in overall allowable floor area of the lot is nominal and inconsequential. Please review the attached plans and elevations. Thank you for your time in considering our variance request. Sincerely, Taylor Meyer – VFLA, Inc. 419 Canyon Ave, Suite 200 Fort Collins, CO 80521 (970) 224-1191 ;;;;;;; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;;;;;; ; ; ;;;;;;; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 352326(' '(&. 6(7%$&. 6(7%$&. 6( 7 % $ & . 6( 7 % $ & . 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