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HomeMy WebLinkAbout03/14/2013 - Zoning Board Of Appeals - Agenda - Regular MeetingZoning Board of Appeals Agenda Regular Meeting Thursday, March 14, 2013 Roll Call Approval of the Minutes from the previous meeting. Appeal: 2729 801 LAPORTE AVE The variance will reduce the rear yard setback from 15 feet to 5 feet. The variance is requested in order to construct a 2 car detached garage (accessory building without habitable space) at the rear of the property. Code Sections: 4.7(E)(3) Petitioner: John Engel ZoningDistrict NCL Appeal: 2730 403 Stoney Brook Rd The variance will reduce the required street side setback from San Juan Drive from 15 feet to 14 feet 3 inches in order to allow a new house to be constructed on this corner lot. Code Sections: 3.5.2(D)(2) Petitioner: Journey Homes ZoningDistrict LMN Appeal: 2731 1510 Whedbee St The variance will reduce the required side yard setback along the south lot line from 5 feet to 2 feet 3 inches in order to allow the existing roof of the converted garage to be extended 4 feet to the west. The 4 foot roof expansion will line up with the existing roof, which is already at a 2 foot 3 inch setback. Code Sections: 4.7(E)(4) Petitioner: Robert & Kristin Kirkpatrick ZoningDistrict NCL Appeal: 2732 3299 Glacier Creek Dr The variance will reduce the required street side setback along Wagon Trail Road from 15 feet to 14 feet in order to allow a new detached single family home to be constructed on the lot. Code Sections: 3.5.2(D)(2) Petitioner: Ceri Jones ZoningDistrict LMN Appeal: 2733 624 E Elizabeth St The variance will increase the maximum allowed floor area for a detached accessory buidling from 600 square feet to 702 square feet, and will allow the maximum eave height of the west wall of the accessory building to be 16 feet 8 inches instead of 10 feet. The variances are requested in order to construct a one-story addition to the existing 450 square foot garage and to change the roof orientation to accommodate roof-mounted solar panels. Code Sections: 4.7(D)(4), 4.7(F)(2)(b)(2) Petitioner: Mike & Kelsey Nosler ZoningDistrict NCL Other Business: Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134 (fax) www.fcgov.com/development ZONING BOARD OF APPEALS City Council Chambers - 300 LaPorte Ave Thursday, March 14, 2013 - 8:45 a.m. AGENDA Appeal 2729 Address 801 LaPorte Ave Petitioner John and Adella Engel Zoning District NCL Section 4.7(E)(3) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 4.7(E)(3) - rear yard setback The variance requested will reduce the rear yard setback from 15 feet to 5 feet in order to construct a new 2-car detached garage (accessory building without habitable space) at the rear of the property. STAFF COMMENTS: 1. Background: The subject property is reflective of many other corner lot properties in the Old Town area in that the existing lot is only a part of the originally platted lot. The original lot was split into two separate properties years ago, resulting in this particular lot no longer extending to the alley and having a depth of only 92 feet. The other lots on this block still extend to the alley and have a depth of 160 feet. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to reduce the required rear yard setback from 15 feet to 5 feet in order to allow a new detached 2-car garage to be constructed at the rear of the property, and finds that:  The granting of the variance would not be detrimental to the public good.  The shallowness of the lot, only 92 feet, qualifies as a hardship variance as stated in Sec. 2.10.2(H)(1) of the Land Use Code. Moving the proposed garage 10 feet to the north in order to comply with the 15 foot setback requirement would result in the garage being only 6 inches from the existing house. The original lot was split into two separate properties years ago, resulting in this particular lot having a depth of only 92 feet. The other lots on this block still extend to the alley and have a depth of 160 feet. RECOMMENDATION: Staff recommends approval of Appeal #2729. March 14, 2013: Zoning Board of Appeals Public Hearing Page 2 Appeal 2730 Address 403 Stoney Brook Rd Petitioner Journey Homes Zoning District LMN Section 3.5.2(D)(2) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 3.5.2(D)(2) - street side setback reduction The LMN zone requires that buildings be setback at least 15 feet from the street side lot line on a corner lot. The variance requested will allow the proposed new house to be constructed at a setback of 14 feet 3 inches from the street side lot line along San Juan Drive instead of the required 15 feet. STAFF COMMENTS: 1. Background: The lot is located in the Provincetown 3rd Filing development. Minimum side setback requirements are 5 feet from an interior side lot line and 15 feet from a street side lot line. The two setbacks combined result in 20 feet of the lot width being reserved for setbacks on corner lots versus 10 feet for interior lots. Typical house widths in this subdivision range from 40 feet to 56 feet. This means that a corner lot would need to have 60 feet of width in order to accommodate a 40 foot wide house. The lot which is the subject of this appeal has a lot width of 59.06 feet. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to reduce the required street side setback from 15 feet to 14 feet 3 inches, and finds that:  The granting of the variance would not be detrimental to the public good.  The corner lot is too narrow to allow the construction of a 40 foot wide house that is of a consistent size and design of other houses being built in the subdivision. The hardship is not self-imposed since the applicant is not the developer, and therefore staff believes that the hardship criterion is satisfied due to the narrowness of the lot.  The street side setback reduction from the required 15 feet to the proposed 14 feet 3 inches is nominal and inconsequential in the context of the neighborhood, especially since similar variances were previously approved for a few other corner lots in this subdivision. RECOMMENDATION: Staff recommends approval of Appeal #2730. March 14, 2013: Zoning Board of Appeals Public Hearing Page 3 Appeal 2731 Address 1510 Whedbee St Petitioner Robert and Kristin Kirkpatrick Zoning District NCL Section 4.7(E)(4) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 4.7(E)(4) - side yard setback reduction The variance requested will reduce the required side yard setback along the south lot line from 5 feet to 2 feet 3 inches in order to allow the existing roof of the converted garage to be extended 4 feet to the west. The 4 foot roof expansion will line up with the existing roof, which is already at a 2 foot 3 inch setback. STAFF COMMENTS: 1. Background: The south wall of the existing office (formerly a garage) has a nonconforming side setback of about 2.5 feet from the south lot line. There will be no expansion of the building footprint or walls. The only part of the building being expanded or extended is the roof, or eave overhang, which will be extended 4 feet to the west and line up with the existing eave of the building. The roof extension will provide cover for two exterior entrances. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to reduce the required side setback from 5 feet to 2 feet 3 inches, and finds that:  The granting of the variance would not be detrimental to the public good.  The building footprint of the existing office is not being enlarged and only the roof overhang is proposed to extend into the required setback area for an additional length of 4 feet. Therefore, staff believes that the proposal is nominal and inconsequential in the context of the neighborhood and does not adversely affect the abutting property to the south. RECOMMENDATION: Staff recommends approval of Appeal #2731. March 14, 2013: Zoning Board of Appeals Public Hearing Page 4 Appeal 2732 Address 3299 Glacier Creek Dr Petitioner Ceri Jones and Triton Communities Zoning District LMN Section 3.5.2(D)(2) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 3.5.2(D)(2) - street side setback reduction The LMN zone requires that buildings be setback at least 15 feet from the street side lot line on a corner lot. The variance requested will allow the proposed new house to be constructed at a setback of 14 feet from the street side lot line along Wagon Trail Road instead of the required 15 feet. STAFF COMMENTS: 1. Background: The lot is located in the Trail Head development. Minimum side setback requirements are 5 feet from an interior side lot line and 15 feet from a street side lot line. The two setbacks combined result in 20 feet of the lot width being reserved for setbacks on corner lots versus 10 feet for interior lots. The lot which is the subject of this appeal has a lot width of 49 feet, which means that the maximum width of a house on this lot cannot exceed 29 feet without a variance. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to reduce the required street side setback from 15 feet to 14 feet, and finds that:  The granting of the variance would not be detrimental to the public good.  Narrowness of a lot is mentioned in Section 2.10.2(H)(1) as being a factor in the hardship criteria. This corner lot is narrow, allowing only a 29 foot wide house. The hardship is not self-imposed since the applicant is not the developer, and therefore staff believes that the hardship criterion is satisfied due to the narrowness of the lot.  The street side setback reduction from the required 15 feet to the proposed 14 feet is nominal and inconsequential in the context of the neighborhood. RECOMMENDATION: Staff recommends approval of Appeal #2732. March 14, 2013: Zoning Board of Appeals Public Hearing Page 5 Appeal 2733 Address 624 E Elizabeth St Petitioner Mike and Kelsey Nosler Zoning District NCL Section 4.7(D)(4), 4.7(F)(2)(b)(2) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Section 4.7(D)(4) and 4.7(F)(2)(b)(2) - maximum size of detached building and maximum eave height. The variance requested will: 1. Increase the maximum allowed floor area for a detached accessory building from 600 square feet to 702 square feet 2. Allow the maximum eave height of the west wall of the accessory building to be 16 feet 8 inches instead of 10 feet. The variances are requested in order to construct a one-story addition to the existing 450 square foot garage and to change the roof orientation to accommodate roof-mounted solar panels. STAFF COMMENTS: 1. Background: The existing garage was built in the early 1900’s and is currently in a state of disrepair. The proposal is to repair the building and enlarge it to accommodate two cars, a bicycle maintenance and storage area, and install solar panels on the roof. The existing building has a gable roof that runs north to south. In order to accommodate roof-mounted solar panels, the applicant proposes to change the direction of the gable roof to an east-west orientation to allow the solar panels to be installed on a sloping, south facing roof. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to increase the size of the detached building to 702 square feet and to increase the eave height of the west wall to 16 feet 8 inches, and finds that:  The granting of the variance would not be detrimental to the public good.  The applicant’s lot size of 11,400 square feet is unusually large for an old town property; lots typically range from 5,000 square feet to 9,500 square feet. The proposed 702 square foot building represents only 6.16% of the lot area of the subject property, whereas an allowed 600 square foot building on a 5,000 square foot lot represents 14% of the lot area and a 600 square foot building on a 9,500 square foot lot represents coverage of 6.32% of the lot. Even though the proposed building is larger than allowed, it will actually cover a smaller percentage of the lot then would an allowed building on a smaller lot. Therefore staff finds that the variance will not diverge from the standards of the code except in a nominal and inconsequential way when considered in the context of the neighborhood when the combination of the large lot size of the subject property and the percentage of the lot covered by the proposed building are taken into account.  The eave height of 16 feet 8 inches versus the allowed height of 10 feet meets the March 14, 2013: Zoning Board of Appeals Public Hearing Page 6 hardship standard described in Sec. 2.10.(H)(1), which includes situations which hinder the owner’s ability to install a solar energy system. The house has been determined to be eligible for local landmark status and installing solar panels on the primary street elevation of the home would affect its historic integrity. If the orientation of the gable roof cannot be changed, then the ability to install a solar energy system is hindered. RECOMMENDATION: Staff recommends approval of Appeal #2733. OTHER BUSINESS: AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting - March 14, 2013 at 8:45 am Appeal: 2729 801 LaPorte Ave Supporting documentation  Applicant’s application for variance  Applicant’s written statement  Architectural drawings and plot plan  Letters to Adjacent Property Owners (APO’s)  List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Planning, Development & Transportation Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 3/4/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (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; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 4.7(E)(3) has been requested by: John and Adella Engel for described property: 801 Laporte Ave zoning district: NCL The variance requested will reduce the rear yard setback from 15 feet to 5 feet in order to construct a 2-car detached garage (accessory building without habitable space) at the rear of the property. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2729 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:45 a.m. on Thursday, March 14, 2013 in the Council Chambers at 300 Laporte Ave. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call (970) 221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator, at (970) 416-2355. ______________ Zoning Administrator AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting - March 14, 2013 at 8:45 am Appeal: 2730 403 Stoney Brook Rd Supporting documentation  Applicant’s application for variance  Applicant’s written statement  Architectural drawings and plot plan  Letters to Adjacent Property Owners (APO’s)  List of names and mailing addresses of adjacent property owners within 150 feet of variance request address                             Planning, Development & Transportation Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 3/4/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (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 compiles with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 3.5.2(D)(2) has been requested by: Journey Homes for described property: 403 Stoney Brook Rd zoning district; LMN The variance requested will reduce the required street side setback from San Juan Dr from 15 feet to 14 feet 3 inches in order to allow a new house to be constructed on this corner lot. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2730 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:45 a.m. on Thursday, March 14, 2013 in the Council Chambers at 300 Laporte Ave. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call (970) 221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator, at (970) 416-2355. ______________ Zoning Administrator Larimer County LIL Report - 2/7/2013 9:00:32 AM Larimer County GIS Report Attention General questions about this or any other Larimer County GIS products, including errors, omissions, corrections and/or updates should be directed to the Larimer County Support Central at (970) 498-5000. Larimer County LIL Report - 2/7/2013 9:00:32 AM Page - 2 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 1 9613239005 377 STONEY BROOK RD FORSYTH MARK A PARMLEY RHONDA R 377 STONEY BROOK RD FORT COLLINS CO 80525 FORT COLLINS 18383 100188 2 9613242004 421 STONEY BROOK RD PROVINCE TOWNE INVESTME NTS LLC 7251 W 20TH ST STE L-200 GREELEY CO 80634 FORT COLLINS 18383 100100 3 9613245914 408 STONEY BROOK RD COMMUNIT Y AFFORDAB LE RESIDENC ES ENTERPRI SE INC 1303 W SWALLOW RD BLDG 11 FORT COLLINS CO 80526 Larimer County LIL Report - 2/7/2013 9:00:32 AM Page - 3 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 12 9613242002 409 STONEY BROOK RD PROVINCE TOWNE INVESTME NTS LLC 7251 W 20TH ST STE L-200 GREELEY CO 80634 FORT COLLINS 18383 100102 13 9613239009 421 SAN JUAN DR JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY CO 80634 FORT COLLINS 18383 104739 14 9613242005 427 STONEY BROOK RD PROVINCE TOWNE INVESTME NTS LLC 7251 W 20TH ST STE L-200 GREELEY CO 80634 FORT COLLINS 18383 95972 15 9613239006 383 STONEY BROOK RD JOURNEY HOMES LLC 7251 W 10TH ST FORSYTH MARK A 377 STONEY BROOK RD FORT COLLINS, CO 80525 PROVINCETOWNE INVESTMENTS LLC 7251 W 20TH ST STE L-200 GREELEY, CO 80634 COMMUNITY AFFORDABLE RESIDENCES 1303 W SWALLOW RD BLDG 11 FORT COLLINS, CO 80526 JOURNEY HOMES LLC 7251 W 20TH ST UNIT L200 GREELEY, CO 80634 , WORTHINGTON DONALD ROY TRUST 415 SAN JUAN DR FORT COLLINS, CO 80525 KIEL THOMAS G/JANEEN M 409 SAN JUAN DR FORT COLLINS, CO 80525 J AND J CONSTRUCTION OF 7251 W 10TH ST STE L-200 GREELEY, CO 80634 BAUMAN CHRISTOPHER L 426 SAN JUAN DR FORT COLLINS, CO 80525 JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY, CO 80634 JOURNEY HOMES LLC 7251 W 10TH ST STE L-200 GREELEY, CO 80634 POPPLEWELL RYAN M/JILL A 402 BOW CREEK LN FORT COLLINS, CO 805258708 CREENCIA BRIAN J/STEFANIE L 408 BOW CREEK LN FORT COLLINS, CO 80525 WIERSMA STEVEN L 414 BOW CREEK LN FORT COLLINS, CO 80525 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting - March 14, 2013 at 8:45 am Appeal: 2731 1510 Whedbee St Supporting documentation  Applicant’s application for variance  Applicant’s written statement  Architectural drawings and plot plan  Letters to Adjacent Property Owners (APO’s)  List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Planning, Development & Transportation Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 3/4/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (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 compiles with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 4.7(E)(4) has been requested by: Robert and Kristin Kirkpatrick for described property: 1510 Whedbee St zoning district: NCL The variance requested will reduce the required side yard setback along the south lot line from 5 feet to 2 feet 3 inches in order to allow the existing roof of the converted garage to be extended 4 feet to the west. The 4 foot roof expansion will line up with the existing roof, which is already at a 2 foot 3 inch setback. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2731 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:45 a.m. on Thursday, March 14, 2013 in the Council Chambers at 300 Laporte Avenue. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call (970) 221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator, at (970) 416-2355. ______________ Zoning Administrator AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting - March 14, 2013 at 8:45 am Appeal: 2732 3299 Glacier Creek Dr Supporting documentation  Applicant’s application for variance  Applicant’s written statement  Architectural drawings and plot plan  Letters to Adjacent Property Owners (APO’s)  List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Request for variance at Trailhead Subdivision Date: 2/12/13 Re: Lot 8 Block 13 Address: 3299 Glacier Creek Drive Requestor: Triton Communities, 1490 S. Santa Fe Drive, Denver, Co 80223 This request is with regard to Triton Communities proposed construction of a single family home on the lot listed above. It has come to our attention that the footprint of the 5706-B (aka Berkley plan) would exceed the corner side setback requirement of 15’ by 1’, therefore we are requesting a variance of 1’ for this lot in order to construct the afore mentioned plan. Triton believes the criteria for granting this variance is met by reason of physical condition as this is the only lot within this tract that our product minimally exceed the setback requirement, it is exceptionally narrow due to the 15’ corner setback requirement. It is also our belief that this request will be equally beneficial to promote improvements proposed for this property. Finally this request will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when the whole layout of the neighborhood is considered. Thank you for your consideration of this request. Ceri Jones Triton Communities, ceri@tritoncommunities.com 970 567 9717 A Westrian Company X:\3910000.all\3914538\Drawings\Sheet Dwgs\3914538-3299 GLACIER CREEK DRIVE-L8-B13-SP.dwg, SITE PLAN, 2/8/2013 9:00:24 AM, Vagiasd Planning, Development & Transportation Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 3/4/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (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 compiles with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 3.5.2(D)(2) has been requested by: Ceri Jones for described property: 3299 Glacier Creek Dr zoning district; LMN The variance requested will reduce the required street side setback along Wagon Trail Rd from 15 feet to 14 feet in order to allow a new detached single family home to be constructed on the lot. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2732 As an adjacent property owner, your input would be appropriate in the consideration of the variance request. The hearing on this appeal will be held at 8:45 am on Thursday, March 14, 2013 in the Council Chambers at 300 Laporte Avenue. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call (970) 221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator at (970) 416-2355. ______________ Zoning Administrator Larimer County LIL Report - 2/12/2013 8:46:44 AM Larimer County GIS Report Attention General questions about this or any other Larimer County GIS products, including errors, omissions, corrections and/or updates should be directed to the Larimer County Support Central at (970) 498-5000. Larimer County LIL Report - 2/12/2013 8:46:44 AM Page - 2 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 1 8704317005 3281 GLAICER CREEK DR TRITON AT TRAIL HEAD LLC DBA TRITON COMMUNIT ES 1490 S SANTA FE DR STE 100 DENVER CO 80223 FORT COLLINS 8132 52549 2 8704318006 3268 GREEN LAKE DR GRAMLING PHIL/RUTH 713 TRIBAL TRL WOODSTO CK GA 30188 FORT COLLINS 8132 52673 3 8704317008 3299 GLAICER CREEK DR TRITON AT TRAIL HEAD LLC DBA TRITON COMMUNIT ES 1490 S SANTA FE DR STE 100 DENVER CO 80223 FORT COLLINS 8132 52552 Larimer County LIL Report - 2/12/2013 8:46:44 AM Page - 3 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 12 8704317004 3275 GLAICER CREEK DR TRITON AT TRAIL HEAD LLC DBA TRITON COMMUNIT ES 1490 S SANTA FE DR STE 100 DENVER CO 80223 FORT COLLINS 8132 52547 13 8704324015 EAST VINE PROPERTI ES LLC 3900 E MEXICO AVE STE 310 DENVER CO 80210 8132 52527 14 8704324017 TRAIL HEAD COMMUNIT Y ASSOCIATI ON INC 3900 E MEXICO AVE STE 310 DENVER CO 80210 8132 132079 TRITON AT TRAIL HEAD LLC DBA 1490 S SANTA FE DR STE 100 DENVER, CO 80223 GRAMLING PHIL/RUTH 713 TRIBAL TRL WOODSTOCK, GA 30188 EAST VINE PROPERTIES LLC 3900 E MEXICO AVE STE 310 DENVER, CO 80210 WIGGINS MATTHEW C/KIMBERLY T 3262 GREEN LAKE DR FORT COLLINS, CO 805240000 CORNALI INVESTMENTS LTD 1620 LEESDALE CT FORT COLLINS, CO 805214425 SCHOTT MARY C 3280 GREEN LAKE DR FORT COLLINS, CO 80524 CITY OF FORT COLLINS 300 LAPORTE AVE FORT COLLINS, CO 80521 TRAIL HEAD COMMUNITY ASSOCIATION INC 3900 E MEXICO AVE STE 310 DENVER, CO 80210 1 2 3 4 5 6 7 8 9 10 11 13 12 14 TRAIL HEAD EAST RIDGE BUDERUS EXEMPTION AMD TR A BUDERUS EXEMPTION 45-74 Fort Collins E VINE DR GREENFIELDS DR WAGON TRAIL RD YULE TRAIL DR CAMPFIRE DR COLEMAN ST TRADING POST RD RIDGE RUNNER DR BARNSTORMER ST FAIRCHILD ST Larimer and Weld Canal BURLINGTON NORTHERN RAILROAD BURLINGTON NORTHERN RAILROAD Legend Subdivisions Tax Parcels Platted BuildingBslocks Garages Rocky Mountain National Park (Larimer Portion) Parks and Recreation School Property Natural Resource Areas Incorporated Areas usingGIS data Created from multiple by Larimer sources. County Larimer County makes may not no reflect warranty recent as to updates the accuracy. prior to This the date product of printing. Tax Parcel / 2/12/2013 0 165330 Feet AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting - March 14, 2013 at 8:45 am Appeal: 2733 624 E Elizabeth St Supporting documentation  Applicant’s application for variance  Applicant’s written statement  Architectural drawings and plot plan  Letters to Adjacent Property Owners (APO’s)  List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Mike & Kelsey Nosler 624 E. Elizabeth Street Fort Collins, CO 80524 February 11, 2013 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Requests for 624 E. Elizabeth Street To Whom It May Concern: We are requesting two variances to the Fort Collins Land Use Code in the proposed addition to our existing garage at 624 E. Elizabeth Street. The first is to Section 4.7 (D)(4) of the Fort Collins Land Use Code, to allow for a 702 square foot accessory building. We would like to construct an addition to our existing approximately 450 square feet garage to accommodate a two car garage and a bike maintenance and storage area accessible to the back yard. The existing garage was likely built at the same time as the house, which was constructed in 1911. It is currently in a state of disrepair with a failing roof structure, and we intend to utilize the portions of the existing structure that can be salvaged and expand it to accommodate our needs. The garage would be expanded to 556 square feet to allow room for two cars. The bike maintenance and storage area would be 146 square feet in order to provide space for repair and maintenance of our many bikes (a hobby of ours) as well as secure and accessible storage for them. The second variance requested is to Section 4.7 (F)(2)(b)2, to allow for a height of 16’-8” at the peak of the roof gable along the side lot line to allow for a large south-facing roof to accommodate the installation of new solar panels. The existing garage has a gable roof running north-south (parallel to the side lot line). We would like to install solar panels on our property and therefore would like to construct the garage roof (which needs replacement regardless) with a gable roof running east-west so that we can install the solar panels on the south face of the roof. We believe the increase in square footage for the proposed garage from 600 square feet to 702 square feet will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood. Our lot is 11,400 square feet, which is much larger than the majority of old town lots. The proposed 702 square foot garage is only 6.16% of our total lot area, whereas a 600 square foot garage on the largest standard lot of 9,500 square feet accounts for 6.32% of the total lot area. We also believe the proposed garage of 702 square feet would 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. Since we have a large lot, we could build two separate structures of up to 600 square feet each to house these functions, for a total of 1,200 square feet of built structures at the rear of our property. We would prefer to minimize the impact of multiple buildings in our back yard as well as in the neighborhood and consolidate them into one structure of just 702 square feet. City of Fort Collins Zoning Board of Appeals February 11, 2013 Page 2 In evaluating the potential locations for the installation of solar panels on our property, we determined that the garage roof would be the only feasible location. The existing south-facing roof on our home is on the predominate, street-facing façade. Our home has been determined to be eligible for local landmark status by the Historic Planning Department. The installation of the solar panels on the primary street elevation would affect its historic integrity and would also be considered an eye sore from the public view shed. We believe these are extraordinary and exceptional situations unique to our property which hinder our ability to install a solar energy system unless the garage roof is orientated with the gable end at the side lot line. Additionally, we believe the proposal as submitted to rotate the roof 90 degrees will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood. The mass and scale of the proposed garage is much smaller than what’s allowed by code- the proposed peak of the garage is 16’-8” tall, as opposed to the allowable 20’ and the proposed eave height is 9’, as opposed to the allowable 10’ height. There are other examples of accessory buildings on the neighboring properties that are of larger overall scale than what we’re proposing and have gable ends adjacent to the side lot line as we’re proposing (see attached photos). Sincerely, Mike & Kelsey Nosler Enclosures: Photos City of Fort Collins Zoning Board of Appeals February 11, 2013 Page 3 628 E. Elizabeth Street (property directly to the east) Eave height is approximately 11’; total height is approximately 18’-6” 621 E. Locust Street (across the alley to the west) Accessory building with gable-end parallel to the property line FRONT YARD SETBACK SIDE YARD SETBACK SIDE YARD SETBACK REAR YARD SETBACK E. ELIZABETH STREET ALLEY EXST. HOUSE EXST. GARAGE EXST. CONC. SLAB TO REMAIN GARAGE ADDITION 15' - 0" 132' - 0" 5' - 0" 152' - 0" 5' - 0" 65' - 0" 5' - 0" 75' - 0" 21' - 3 1/2" 5' - 2 1/2" 7' - 2 1/2" 7' - 0" 28' - 3 1/2" 76' - 0" 76' - 0" NEW CONC. DRIVEWAY 5' - 0" Property Owners: Mike & Kelsey Nosler Parcel No: 97131-24-026 Legal Description: LOT 26 & W 1/2 OF LOT 27, GILLETTES BLK 179, FTC Zoning District: NCL Setbacks: Front Yard- 15 Feet Rear Yard- 5 Feet (to Alley) Side Yard- 5 Feet Lot Size: 11,400 SF Floor Area Ratio: 0.40 Allowable Total Floor Area: 4,560 SF Actual Total Floor Area: Existing First Floor: 1,480 SF Existing Second Floor: 1,185 SF Proposed Garage: 702 SF Total: 3,367 SF Allowable Floor Area on Rear 50% of lot: 5,700 SF * .25 = 1,425 SF Actual Floor Area on Rear 50% of lot: 710 SF 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com SD4 1 2 SD4 SD3 1 SD3 2 1' - 6" 9' - 0" 1' - 6"1' - 6" 9' - 0" 3' - 6" 10' - 0" 22' - 0" 12' - 0" 14' - 0" 2-CAR GARAGE BIKE MAINTENANCE/ STORAGE 2' - 0" 14' - 0" 10' - 0" 26' - 0" 32' - 0" 26' - 0" 6' - 10" 3' - 3" 3' - 11" 5' - 0" 5' - 0" 1' - 6" 7' - 0" 1' - 6" 3' - 6" 3' - 0" 5' - 3" 3' - 3" 7' - 0" HATCHED AREA INDICATES EXTENTS OF EXISTING GARAGE 10' - 0" 20' - 0" 2' - 0" 30' - 0" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com PROPOSED GARAGE ADDITION Nosler Residence 624 E. Elizabeth Street Fort Collins, Colorado 02.12.13 SD2 SCALE: 3/16" = 1’−0" 1 GARAGE PLAN 702 SF EL. FINISH FLOOR ELEV. 100' - 0" EL. GARAGE TRUSS BRG. 109' - 1 1/8" 10' - 0" 20' - 0" HATCHED AREA INDICATE SIZE OF GARAGE ALLOWED BY LAND USE CODE 1X LAP SIDING (EXPOSURE TO MATCH EXST. HOUSE SIDING)- PNT. BOARD & BATTEN SIDING- PNT. 30-YEAR ASPHALT SHINGLES 16' - 7 3/4" 12 7 12 4 EL. FINISH FLOOR ELEV. 100' - 0" EL. GARAGE TRUSS BRG. 109' - 1 1/8" NEW SOLAR PANELS 1X LAP SIDING (EXPOSURE TO MATCH EXST. HOUSE SIDING)- PNT. BOARD & BATTEN SIDING- PNT. 30-YEAR ASPHALT SHINGLES 12 7 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com PROPOSED GARAGE ADDITION Nosler Residence 624 E. Elizabeth Street Fort Collins, Colorado 02.12.13 SD3 SCALE: 3/16" = 1’−0" 2 GARAGE WEST ELEVATION SD3 SCALE: 3/16" = 1’−0" 1 GARAGE SOUTH ELEVATION EL. FINISH FLOOR ELEV. 100' - 0" EL. GARAGE TRUSS BRG. 109' - 1 1/8" 1X LAP SIDING (EXPOSURE TO MATCH EXST. HOUSE SIDING)- PNT. 30-YEAR ASPHALT SHINGLES EL. FINISH FLOOR ELEV. 100' - 0" EL. GARAGE TRUSS BRG. 109' - 1 1/8" 1X LAP SIDING (EXPOSURE TO MATCH EXST. HOUSE SIDING)- PNT. BOARD & BATTEN SIDING- PNT. 30-YEAR ASPHALT SHINGLES NEW SOLAR PANELS 12 7 12 4 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com PROPOSED GARAGE ADDITION Nosler Residence 624 E. Elizabeth Street Fort Collins, Colorado 02.12.13 SD4 SCALE: 3/16" = 1’−0" 1 GARAGE NORTH ELEVATION SD4 SCALE: 3/16" = 1’−0" 2 GARAGE EAST ELEVATION Planning, Development & Transportation Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 3/4/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (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 compiles with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 4.7(D)(4), 4.7(F)(2)(b)(2) has been requested by: Mike and Kelsey Nosler for described property: 624 E Elizabeth St zoning district; NCL The variance requested will increase the maximum allowed floor area for a detached accessory building from 600 square feet to 702 square feet; and will allow the maximum eave height of west wall of the accessory building to be 16 feet 8 inches instead of 10 feet. The variances are requested in order to construct to one-story addition to the existing 450 square foot garage and to change the roof orientation to accommodate roof-mounted solar panels. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2733 As an adjacent property owner, your input would be appropriate in the consideration of the variance request. The hearing on this appeal will be held at 8:45 am on Thursday, March 14, 2013 in the Council Chambers at 300 Laporte Avenue. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call (970) 221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator at (970) 416-2355. _________________ Zoning Administrator Larimer County LIL Report - 2/7/2013 2:17:49 PM Larimer County GIS Report Attention General questions about this or any other Larimer County GIS products, including errors, omissions, corrections and/or updates should be directed to the Larimer County Support Central at (970) 498-5000. Larimer County LIL Report - 2/7/2013 2:17:49 PM Page - 2 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 1 9713236023 612 E ELIZABETH ST JACOBS LUCINDA LYNN PO BOX 7 PORTAGE LAKE ME 047680007 FORT COLLINS //10179 1416 2 9713124018 903 STOVER ST RESCHENB ERG KURT/MOL ANDER TIA A 903 STOVER ST FORT COLLINS CO 80524 FORT COLLINS //10179 6291 3 9713236025 620 E ELIZABETH ST FRISON MARY JO/ANNELL E TAYLOR JEANETTE A 620 E ELIZABETH ST FORT COLLINS CO 80524-3806 FORT COLLINS //10179 6305 4 9713236022 608 E ELIZABETH ST WELENC MICHAEL P MINOTT ROBIN A 608 E ELIZABETH ST FORT COLLINS CO 80524-3806 FORT COLLINS //10179 6303 5 9713124026 624 E ELIZABETH ST NOSLER MICHAEL J NOSLER KELSEY A 624 E ELIZABETH ST FORT COLLINS CO 80524 FORT COLLINS //10179 6304 6 9713124027 628 E ELIZABETH ST MANRIQUE Z ANDREW R 628 E ELIZABETH ST FORT COLLINS CO 80524-3806 FORT COLLINS //10179 126024 7 9713124017 625 LOCUST ST TARANOW RICHARD N 2731 GRANADA HILLS DR FORT COLLINS CO 80525 FORT COLLINS //10179 6290 8 9713408932 1005 STOVER ST FIRST UNITED METHODIS T CHURCH 1005 STOVER ST FORT COLLINS CO 80524 FORT COLLINS 12025 126820 9 9713236019 900 SMITH ST WILSON KENNETH R/BARBAR A L 900 SMITH ST FORT COLLINS CO 80524 FORT COLLINS //10179 6295 10 9713236029 617 LOCUST ST MATSON DENNIS W/HELEN E 617 LOCUST ST FORT COLLINS CO 80524 FORT COLLINS //10179 6283 11 9713236030 621 LOCUST ST KLENDER THOMAS A JR 2212 VERMONT DR UNIT N102 FORT COLLINS CO 80525 FORT COLLINS //10179 6282 PROPOSED GARAGE ADDITION Nosler Residence 624 E. 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