Loading...
HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 01/08/2004As the property has been fully leased for nearly two years, it has become apparent that demographics of our tenant base are not compatible with private vehicle ownership, where financial resources to own and maintain a vehicle and physical capacity to operate a vehicle represent significant limitations. Furthermore, Parking Services has issued permits to 5 property tenants for use of the Civic Center Parking Structure. Payment for CCPC permits are made between the individual tenants and Parking Services outside the Agreement and Zoning requirement, where tenants request such permits for increased convenience and other rationale. Since the building went into service in November 2001, there have not been more than 11 permits outstanding under the Agreement for Parking Permits. Such permits are paid in full at the beginning of each year and reimbursed by participating tenants each month with payment of their rent (25 spaces x $216.00 per year = $5,400). With the stated mission of providing safe, decent and affordable housing opportunities for senior residents, it is imperative upon ownership to hold down operational overhead to its practical minimum without compromising the integrity of the property. The current agreement has resulted in un-reimbursed parking expenses of $3,456 in 2003 as a total of 9 permits have been issued under this requirement. There are currently 8 permits issued to Northern Hotel residents and 1 permit to Funding Partners. As such expense has not been recaptured in the past two years and holds little expectation of change into the future, ownership requests your consideration of existing parking provisions as undue financial burden upon this property. Ownership values our beneficial relationship with the City of Fort Collins, while maintaining our status as good neighbor and contributor to the ambiance of Old Town. In demonstration of that commitment, the Downtown Business Association has provided a letter of support to this application. Thank you for your consideration of this request! Minutes approved by the Board at the February 12, 2004 Meeting FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting — January 8, 2004 8:30 a.m. Council Liaison: Karen Weitkunat I Staff Liaison: Peter Barnes (221-6760) 11Chairperson: Steve Remington (Phone: (H) 223-7138 A A regular meeting of the Zoning Board of Appeals was held on Thursday January 8, 2004, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. Alison Dickson Robert Donahue Dwight Hall Andy Miscio Steve Remington William Stockover • BOARD MEMBERS ABSENT: None. Peter Barnes, Zoning Administrator Stacie Soriano, Staff Support to the Board 1. ROLL CALL The meeting was called to order by Chairperson Remington, and roll call was taken. 2. APPROVAL OF MINUTES: Stockover made a motion to approve the minutes from the November 13, 2003, meeting. Donahue seconded the motion. The motion passed with Miscio and Hall abstaining. 0 ZBA January 8, 2004 Page 2 3. APPEAL NO. 2451—Approved with conditions. Address: 172 North College Avenue Petitioner: Joe Rowan, for Funding Partners Zone: D Section: 3.2.2(K)(1)(a) Background: The appeal would amend the variance that was approved on March 21, 2002 (Appeal 2366). That variance reduced the required number of parking spaces for the Northern Hotel apartments from 47 to 25. Now that the building has been fully leased for some time and a more accurate determination cam be made regarding the true demand for parking permits, the owner is requesting that the number of required parking spaces for which permits are required be reduced from 25 spaces to 15 spaces. The spaces will be located in the City owned Old Town Parking Garage, which was the same location approved by the previous variance. The rental dwelling units are fully leased, and only 9 permits are currently needed to be purchased in order to meet the parking demands of the tenants. Petitioner's Statement of Hardship: Please see attached Petitioner's Letter A. Staff Comments: If the Board determines that the request should be approved, staff recommended that conditions be placed on the variance that are similar to the previous conditions as follows: 1. The age of the tenants be 55 year of age or older; 2. The income limitation requirements for a qualifying affordable housing project remain; 3. Parking permits should be kept current and City staff should be advised of the parking status by receiving an annual report from the Parking Services Department; and that 4. The variance would terminate at such time as the car count on the annual report shows more than 15 vehicles. Board members may want to refer to the copy of the previous minutes included in the packets for an explanation of the type of hardship variance that applied to this property. Staff Presentation: Barnes stated that some current Board members were not on the Board when Appeal 2366 was considered in 2002. Barnes said that in 1999 ZBA considered a variance request to reduce the required number of parking spaces for the Northern Hotel conversion from 71 spaces to 47 ZBA January 8, 2004 Page 3 • spaces. The conversion of the restoration of the Northern Hotel included 47 senior housing apartment units in the building. The parking ordinance required (based on the formula of the number of bedrooms in each unit) 71 parking spaces for the 47 unit apartment component of the multi -use building. The Board granted the variance at that time to 47. In March of 2002, the petitioner came back to the Board and asked for a further reduction from the 47 to 25 spaces. The variance for 25 spaces was approved with a number of conditions: (1) that the age of the tenants be 55 years of age or older; (2) the income limitation requirements for qualified affordable housing project remain; (3) parking permits should be kept current and City staff should be advised of the parking status by receiving an annual report from the parking services department; and (4) that the variance would terminate at such time as the car count on theannual report showed more than 25 vehicles. The Applicant was back to request a further reduction from 25 spaces to 15 spaces. Barnes referred Board members to information in their packets. Barnes explained the affidavit from Randy Hensley. The affidavit stated that 9 tenants have been issued parking permits, and the complex was fully leased. Barnes presented slides that were relevant to the appeal. The parking permits were being purchased for the Old Town Parking Garage. Applicant Participation: • Joe Rowan, of Funding Partners, addressed the Board. Rowan stated that initially the number of parking spaces was based on projections and the demographics of the tenants at the Northern Hotel. Rowan explained that due to funding mechanisms utilized in the restoration of the building and conversion to low income housing the Northern Hotel has to remain designated as an affordable senior project. This meant all residential tenants of the building must be at least 55 years of age or older and that they met the maximum income threshold of 40% of area median income. Rowan stated that 41 of the units are one bedroom, and the maximum income for someone occupying those units in 2003 was $18,160.00. All 47 units have been designated with Section 8 Rental Assistance Vouchers. Rowan stated that ownership of a private vehicle for tenants was difficult. Parking permits were paid as part of the tenant's rent, which was an additional $18.00 a month. Rowan stated that five tenants have contracted separately with the Parking Services Department to purchase a permit in the Civic Center Parking structure for various reasons, but mainly convenience. Rowan stated that Parking Services required that Funding Partners purchased permits for tenants on the fourth level of the Old Town Parking garage. Rowan noted a financial hardship. Donahue asked Rowan if the Civic Center Parking structure was not available when the original agreement was made. Rowan believed that the original variance required that parking services would designate where the parking permits would be purchased. Barnes commented that at the time the Civic Center Parking structure was new and due to the funding that was used to build the structure they were not allowed to participate or offer anything to this type of development. Parking Services also had a policy that they would not allow overnight parking. There was a • discussion held regarding the use of other parking structures. ZBA January 8, 2004 Page 4 Remington asked about visitors. Rowan responded that it was treated similar to commercial tenants. Visitors would have to make arrangements for a parking permit or they would use the street parking. Miscio asked Rowan if he felt he had enough data to determine if only 15 parking spaces were needed. Miscio felt a longer span of history was needed for Rowan to determine the parking needs of the tenants. Rowan replied that the building was fully occupied in January of 2001, and two years of full -use of the residential component was available. Rowan stated that the request for 15 spaces was to provide some flexibility. Remington asked if there was a mark-up on the permits when they are sold to the tenants. Rowan replied that they are sold at the same price. Dickson asked if there would be a problem in the future to obtain more permits if needed. Rowan said that under the conditions of the last approval the variance becomes null and void if usage goes over the requested variance limit. Barnes explained when the variance would terminate. i Remington asked if the five individuals buying permits separately showed up on the report. Barnes said they do not. Remington was concerned with individuals buying separate permits. Barnes stated that the variance was not making individuals buy separate permits, and it was a choice of the tenant. There was a discussion held regarding individuals purchasing separate permits. Stockover wanted to know how the Board felt if the motion included an annual allocation with a 20% reserve at all times. Rowan stated that there were mechanisms in place to verify that adequate parking would be available. Barnes stated that the City could not guarantee that there would be "X" number of spaces available, and that was why the Applicant had to buy 25 permits. Barnes noted that the purpose of the variance was that the Applicant believed that their parking demand based on their history of a fully occupied building, meant that they did not need 25 parking spaces, and 15 was adequate to meet the demand of their tenants. Miscio asked the Applicant if the purpose was to save a couple thousand dollars a year. Rowan replied yes. Miscio remarked that the Board was not allowed to approve a variance based on a financial hardship. Rowan replied the Downtown Business Association recognized that having pre -paid or reservation of X number of parking spaces limited the number of other "day" use or other monthly permit parkers. Miscio did not feel that was a hardship. Barnes commented that the same issue had been a previous issue. Bames stated that the hardship would be the following: (1) exceptional and unique situation of the property; (2) the building covered the entire lot leaving no room to leave a private parking facility on site; and (3) the type of population that the Northern Hotel accommodated, was low income senior housing. The Board discussed the hardship. The current variance was specific to the Old Town Parking Garage. Rowan stated that he spoke with Randy Hensley and Parking Services allow the use of the Civic Center Parking Garage, if in fact a Northern Hotel tenant can provide adequate hardship concerns in not wanting to park in the Old Town Parking Garage. There was a discussion held regarding the five privately contracted parking permits. Stockover asked if staff ZBA January 8, 2004 Page 5 • had spoken with Parking Services. Stockover was concerned that parking will become an issue in the future. Hall was in favor of talking to a representative from Parking Services. Board Discussion: Remington stated that the Board had already had some discussion. Remington wanted to know if it was necessary to hear from Parking Services. Miscio was in favor of gaining parking spaces. There was a discussion held regarding future parking issues. Barnes read the letter from David Short, the director of the Downtown Business Association, as he was in favor of the appeal. Remington was still concerned with those parking in the Civic Center Parking Garage. The Board discussed placing a time limit on the appeal. Donahue asked Rowan about the turnover rate of the tenants of the Northern Hotel. Rowan estimated about 35-40% turnover. Stockover asked how many tenants have moved and how many had passed away. Rowan responded that only one tenant was deceased and many have moved out of the area. Dickson stated she was in favor of a time limit. Remington made a motion to approve appeal 2451, and stated that approval of the variance request was not detrimental to the public good. Remington based the approval on the hardship standard and cited the same hardship considerations that were outlined in the minutes from the two previous appeals regarding the property. Barnes said they were (1) that due to the • exceptional and unique situation of the property which involved the building covering the entire lot leaving no room to build a private parking facility on site, and (2) that the type of population that the Northern Hotel accommodated was low income senior housing. Remington placed the following conditions: (1) the age of the tenants be 55 years of age or older; (2) the income limitation requirements for a qualifying affordable housing project remain; (3) parking permits should be kept current; (4) City staff should be advised of the parking status by receiving an annual report from the Parking Services Department; and (5) Remington wanted the report to footnote the privately purchased parking spaces. The variance was for a minimum 15 parking spaces and was valid for a time period of five years. Prior to the five year limit the Applicant would need to come back for review of the variance and submit the history of the parking or if the Applicant did not come back the variance would revert to 25 spaces. If the Applicant needed to purchase more than 15 permits he would not have to come before the Board. Donahue seconded the motion. Vote: Yeas: Miscio, Hall, Remington, Donahue, Dickson, and Stockover. Nays: None. 8. Other Business Barnes wanted to schedule a breakfast meeting. Barnes stated that in March the Board usually • met the third Thursday of the month because the second Thursday conflicted with Spring Break, although this year Spring Break was a week later this year. The Board decided to schedule the ZBA January 8, 2004 Page 6 meeting the second Thursday of the month. The meeting was changed to March 11, 2004, and it will be a breakfast meeting. Election of Officers Miscio nominated Stockover as Chairmen and Hall as the Vice -Chair. Dickson seconded the motion. Vote: Yeas: Miscio, Hall, Remington, Donahue, Dickson, and Stockover. Nays: None. Meeting a ' umed at 9:40 a.m. //JJ n -C/- , Chairperson Peter Barnes, Zoning Administrator Petitioner's LetterA FUNDING PARTNERS FOR HOUSING SOLUTIONS MEMO ataiin� attaixaB4 iawtng ia/I�en in cdoxada Date: December 3, 2003 To: City of Fort Collins Zoning Board of�4ppe s From: Gina Roe Executive Dire or RE: Zoning Variance Application — Parking Requirements for 172 N. College Avenue Funding Partners for Housing Solutions, Inc. and The National Development Council, both not -for -profit 501(c)(3) organizations and ownership partners of the historic Northern Hotel in Old Town, respectfully submit this application for variance relative to the number of parking spaces designated for use by residential tenants of this property. Currently, ownership is obligated to acquire 25 permits, where circumstances indicate 15 permits would be more appropriate while retaining some measure of flexibility for future conditions. • As you may be aware, restoration of this signature building in the Old Town Historic District was completed in 2001, providing 47 residential apartments for qualified tenants of age 55 or older, and who also qualify for Federal Section 8 rental assistance. While there are no minimum income requirements for tenants, verified annual income may not exceed $18,160 for an individual, or $20,720 for a two -person household. Apartment units are comprised of 41 one -bedroom units and 6 two -bedroom units. This is not an assisted living facility, however. Approximately 11,800 square feet of ground level space has been leased for commercial retail use. Management of the property and residential leasing is provided by the Fort Collins Housing Authority, which also administers the Section 8 program within the City. Finance mechanisms for the restoration project included substantial investment from the City of Fort Collins through the General Fund, Downtown Development Authority, Community Development Block Grant/HOME programs and allocation of Low Income Housing Tax Credits. Due to monitoring and performance covenants of such funding, this project must retain its "affordable housing" designation through 2042, otherwise subject to substantial penalty and capital recapture. On November 10, 1999, the Zoning Board of Appeals approved a variance request to existing City code, requiring provision of 71 residential tenant parking spaces, to a more conservative requirement of 47 spaces (Application No. 2277). City of Fort Collins Parking Services further defined that requirement utilizing available space on the 4th level of the Old Town Parking Structure (Mountain & Remington). Additionally, that Agreement for Parking Permits executed May 11, 2000 between the City and property ownership stipulates annual pre -payment of the required number of spaces at the prevailing public -use rate. On March 21, 2002,the Zoning Board of Appeals approved a second variance request to the previous ruling that allowed ownership to further reduce the number of required parking spaces to 25, based upon projected demand (Application No. 2366). With that ruling, ownership has been obligated to submit an isfor to Parking Services, at the time of annual permit renewal, demonstrating residential tenant demand for such facilities do not exceed the number of spaces provided (See Attachment). 214 S COLLEGE AVENUE, 2ND FLOOR FORT COLLINS, COLORADO 81524 - PH970 494 2021 FAX 970 494.2022 EMAIL. �nfoe(undingpartnen org - wwwJundingpartnere.org December 3,2003 FUNDING PARTNERS FOR HOUSING SOLUTIONS 7na,ii�� attaiaad7e Raasits� ia�i�ea in ca�o�ada Mr. Randy Hensley Transportation Planning & Parking Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Randy: In accordance with the variance granted by the City Zoning Board of Appeals on March 21, 2002 regarding the number of parking permits required to be purchased by Northern Hotel Fort Collins LP for residential tenants of the property located at 172 N. College Avenue ("The Northern Hotel"), this affidavit fulfills the annual reporting requirement. As of this date, all 47 residential units are occupied. Further, it has been confirmed with your office that 9 property tenants have been issued parking permits within the designated facility known as the Old Town Parking Structure, 4d' level. This permit count is within compliance of the granted variance of 25 designated spaces. • Ownership of The Northern Hotel understands the above noted variance is subject to periodic compliance review. AFFIDAVIT STATE OF COLORADO COUNTY OF LARIMER BEFORE ME, the undersigned authority, Joe Rowan, Notary Public, on this 3rd day of December, 2003, personally appeared Gina C. Roe, Executive Director of Funding Partners for Housing Solutions, Inc. as Member of Funding Partners CDC LLP, its General Partner of Northern Hotel Fort Collins LP, known to me to be a credible person and of lawful legal age, who being by me first duly sworn, on her oath, deposes and says such statement detailed above is complete and accurate as of this date. Gina C. Roe 214 S. College Avenue, 2"d Floor Fort Collins, CO 80$24 Subscri d and s rn before me this 3'd day of December, 2003. for RO► AV Jo Rowan i�orAa�r tary Public =,M • My commission expires August 10, 2005 N.0%.PU$LIC f a+�•rnl� c 214 S. COLLEGE AVENUE, ^.ND FLOOR FORT COLLINS, COLORADO 80524 • PH, 970 494.2021 FAX. 970 494 2022 SHERWOOD c r m m A COLLEGE PETERSON .' .•v"e}i( is :iv: �i::iiC!.i.' ' Yritiy i�vvCD}'�T/ REMINGTON 3 O c z m ■ a • 0f0 Z O Dn rZ rw D� r D a u r wN-m -p v-0 ate^ „�r-:,z03nndm�Gm;u> nnun�oneFo0�;o 0T a mz ZZ Z os=s"�N����3 o nrac� ��"aH v yr G1� Gl OONO=,"ywc) mZ OGI rm-n aao N O O W o e _ m WlA m— f O rt n7 v �0 n i� m lnS cn p.+SS SNP= °c �v G .ter o;aC m a n� 3' Z V? 0 19 m v -0 -n Tz zm OS. xm �Z Z mGl G1r 3 r Z-{ < December 4, 2003 BUSINESS HSSOCrgrrO, I Zoning Board of Appeals City of Fort Collins PO Box 580 Fort Collins, CO 80522 The Downtown Business Association, (DBA) is a non-profit organization designed to assist in the marketing, improvement and development of Downtown Fort Collins. I am writing on behalf of Funding Partners for Housing Solutions, concerning their request for a variance. I would respectfully ask that the Zoning Board of Appeals revise the existing modification of Zoning Ordinance Section 3.2(k)(1)(a) in which it states the need to provide 1.5 parking spaces for every residential unit. The previous agreement determined that they may provide one space per unit, which translates to a total of forty seven spaces. • The DBA fully understands the reasoning behind this particular zoning ordinance, but in light of tenant needs, which are unique to the Northern Hotel, we are requesting your consideration for a variance that requires only 15 spaces. This would help free up much needed permit space in the Old Town Parking Structure, to be used by the ever growing employee base, and street parking demands in the downtown. To have permits that are required to be purchased yet go unused, is counter productive to the purpose of the parking garage, and loss of valuable parking space in the downtown area. For these reasons, the Downtown Business Association would be appreciative to see a variance in the number of permit spaces Funding Partners is required to purchase for the Northern Hotel, reduced from forty seven to fifteen or less. This will adequately serve the needs of the hotel's residents, and open up much needed space in downtown. Th o nsideration you may be able to give this request. i vid Short Executive Director Downtown Business Association ig Old Town Square • Suite 230 • Fort Collins, CO 80524 • tel 970-484.6500 • fax 970-484.2069