Loading...
HomeMy WebLinkAbout06/13/2013 - Zoning Board Of Appeals - Agenda - Regular MeetingCommunity Development & Neighborhood Services 281 N. College Ave. - P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6750 (main) - 970.221.6134 (fax) ZONING BOARD OF APPEALS City Council Chambers - 300 LaPorte Ave Thursday, June 13, 2013 - 8:30 a.m. AGENDA Appeal 2734 Address 529 W Mountain Ave Petitioner Fred Abramowitz and Amy Hayes Zoning District NCM Code Section 4.8(E)(3) and (E)(4), 4.8(D)(5) Justification See petitioner's letter PROJECT DESCRIPTION: The variance will:  reduce the required rear yard setback along the south lot line from 15 feet to 1 foot 1 inch  reduce the required side yard setback from the east lot line from 5 feet to 0 feet  reduce the side yard setback from the west lot line of the back corner portion of the lot from 5 feet to 2 feet  increase the amount of floor area allowed in the rear half of the lot from 1147 square feet (lot area ratio of .33) to 1447 square feet (lot area ratio of .416) The variances are requested in order to allow a 270 square foot greenhouse addition to be constructed onto the south side of the existing detached building at the southeast corner of the lot. STAFF COMMENTS: 1. Background: The proposed greenhouse addition will be used for two purposes – grow plants and heat the existing detached building. The greenhouse is considered to be a “solar energy system” capable of collecting, storing and distributing the sun’s radiant energy. The hardship standard for granting a variance includes a provision regarding conditions which hinder the owner’s ability to install a solar energy system. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends denial of the variance request, and finds that:  The standards for granting a variance include a provision that allows the ZBA to approve a variance if the Board finds that physical conditions of the property hinder the owner’s ability to install a solar energy system and provided that the Board also finds that the granting of the variance would not be detrimental to the public good. The proposed greenhouse addition does qualify as a solar energy system.  The location of the existing detached building and the small portion of the lot on which an addition on the south side can be built are physical conditions that do hinder the ability to June 13, 2013: Zoning Board of Appeals Public Hearing Page 2 install a solar energy system at that location and may warrant some setback variances. However, staff believes that the size of the building should be reduced in order to create larger setbacks than those proposed by the applicant or the addition should be constructed on another side of the existing building. RECOMMENDATION: Staff recommends denial of the variances proposed for Appeal #2734. Appeal 2735 - 601 W Mountain Ave - Tabled Appeal 2736 Address 417 N Grant Ave Petitioner Julianna and Torey Lenoch Zoning District NCM Code Section 4.8(D)(1), 4.8(E)(1) Justification See petitioner's letter PROJECT DESCRIPTION: The variance will:  reduce the required minimum lot area from 5000 square feet to 4900 square feet  reduce the required minimum lot width from 40 feet to 35 feet The variances are requested in order to allow the existing parcel (9800 square feet, 70 foot wide) to be put back to its original platted condition of two 4900 square foot lots and two 35 foot wide lots. STAFF COMMENTS: 1. Background: The original plat of this part of the city included numerous lots that were 35 feet wide by 140 feet deep, totaling 4900 square feet in lot area. Most of the lots were developed with one house per 35 foot wide lot. However, some of the lots were developed by combining two 35 foot wide lots for only one house. Over the years, some of the ‘double lots’ have been redeveloped by demolishing the original house and converting the double lot back to its original lot width and area, and then constructing one house on each of the original lots. Variances were obtained from the ZBA to allow this. The property which is the subject of this variance is one of the double lots that were created when the existing house was constructed in 1905. The legal description of the property is Lots 9 and 10, Block 294, West Side, FTC. The house straddles the original lot line dividing the two platted lots. The variance would allow the existing house to be demolished and a new house to be constructed on each of the two original lots. 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 minimum lot area from 5000 square feet to 4900 square feet and reduce the required minimum lot width from 40 feet to 35 feet, and finds that: June 13, 2013: Zoning Board of Appeals Public Hearing Page 3  The granting of the variance would not be detrimental to the public good.  The variance will convert the one large parcel back to the two original platted lots and result in redevelopment consisting of two new houses, each on a 35 foot wide lot containing 4900 square feet of lot area. This would result in development that is in keeping with the established development pattern of the neighborhood.  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 because the small lot area reduction of 100 square feet and the lot width reduction of 5 feet are minimal and are consistent with the dimensions of other properties in the neighborhood. Additionally, the resulting number of two dwelling units does not increase the density or result in a greater number of houses than what was originally planned for with the original plat. RECOMMENDATION: Staff recommends approval of Appeal #2736. Appeal 2737 Address 419 N Grant Ave Petitioner Julianna and Torey Lenoch Zoning District NCM Code Section 4.8(D)(1), 4.8(E)(1) Justification See petitioner's letter PROJECT DESCRIPTION: The variance will:  reduce the required minimum lot area from 5000 square feet to 4900 square feet and  reduce the required minimum lot width from 40 feet to 35 feet The variances are requested in order to allow the existing parcel (9800 square feet, 70 foot wide) to be put back to its original platted condition of two 4900 square foot lots and two 35 foot wide lots. STAFF COMMENTS: 1. Background: The original plat of this part of the city included numerous lots that were 35 feet wide by 140 feet deep, totaling 4900 square feet in lot area. Most of the lots were developed with one house per 35 foot wide lot. However, some of the lots were developed by combining two 35 foot wide lots for only one house. Over the years, some of the ‘double lots’ have been redeveloped by demolishing the original house and converting the double lot back to its original lot width and area, and then constructing one house on each of the original lots. Variances were obtained from the ZBA to allow this. The property which is the subject of this variance is one of the double lots that were created when the existing house was constructed in 1905. The legal description of the property is Lots 9 and 10, Block 294, West Side, FTC. The house straddles the original lot line dividing the two platted lots. The variance would allow the existing house to be demolished and a new house to be constructed on each of the two original lots. 2. Applicant’s statement of justification: See Petitioner’s letter June 13, 2013: Zoning Board of Appeals Public Hearing Page 4 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to reduce the required minimum lot area from 5000 square feet to 4900 square feet and reduce the required minimum lot width from 40 feet to 35 feet, and finds that:  The granting of the variance would not be detrimental to the public good.  The variance will convert the one large parcel back to the two original platted lots and result in redevelopment consisting of two new houses, each on a 35 foot wide lot containing 4900 square feet of lot area. This would result in development that is in keeping with the established development pattern of the neighborhood.  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 because the small lot area reduction of 100 square feet and the lot width reduction of 5 feet are minimal and are consistent with the dimensions of other properties in the neighborhood. Additionally, the resulting number of two dwelling units does not increase the density or result in a greater number of houses than what was originally planned for with the original plat. RECOMMENDATION: Staff recommends approval of Appeal #2737. Appeal 2738 Address 2244 Marshfield Ln Petitioner Journey Homes Zoning District LMN Code Section 3.5.2(D)(3) Justification See petitioner's letter PROJECT DESCRIPTION: The LMN zone requires that buildings be setback at least 5 feet from the interior side lot line. The variance requested will allow the proposed new house to be constructed at a setback of 4.79 feet from the north side lot line. STAFF COMMENTS: 1. Background: The lot is located in the Maple Hill development. The applicant is proposing to build a new house on this lot, which is the only remaining vacant lot in this part of the development. The contractor that built the other homes is no longer building in this subdivision, so a house on this vacant lot will be built by a different contractor, with different house models than those of the original builder of the homes on these lots. 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 minimum side setback from 5 feet to 4.79 feet, and finds that:  The granting of the variance would not be detrimental to the public good. June 13, 2013: Zoning Board of Appeals Public Hearing Page 5  The side setback reduction from the required minimum of 5 feet to the proposed 4.79 feet deviates from the standard by only 2 ½ inches. Staff believes this small of a deviation is nominal and inconsequential in the context of the neighborhood. RECOMMENDATION: Staff recommends approval of Appeal # 2738. Appeal 2739 Address 2536 Banbury Ln Petitioner Journey Homes Zoning District LMN Code Section 3.5.2(D)(2), 3.5.2(D)(3) Justification See petitioner's letter PROJECT DESCRIPTION: The variance will:  reduce the required minimum front yard setback from 15 feet to 11 feet for the front porch only; the rest of the house complies with the setback requirement  reduce the minimum required setback from the garage door to the sidewalk from 20 feet to 15 feet  reduce the minimum required rear yard setback from 8 feet to 6 feet 7 inches The variances are requested in order to allow the construction of a new house on the lot. STAFF COMMENTS: 1. Background: The lot is located in the Maple Hill development. The applicant is proposing to build a new house on this lot. The configuration of the platted lot creates some difficulties with regard to locating a house on the lot that would comply with all of the requirements. In fact, the applicant has had to do a lot line adjustment with the abutting lot in order to make the subject lot larger to better accommodate a new house. The resulting lot line adjustment has rendered the abutting lot non-buildable. The applicant will develop that lot instead as a landscaped tract, and is willing to lose the dwelling unit. Even with the loss of one dwelling unit and the reconfiguration of the subject lot, it is still difficult to fit a house onto the lot. 2. Applicant’s statement of justification: See Petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), 1. Staff recommends approval of the variance request to reduce the required minimum front setback from 15 feet to 11 feet for the front porch and approval of the variance request to reduce the required minimum rear setback from 8 feet to 6 feet 7 inches, and finds that:  The granting of the variances for the front porch and the rear setback would not be detrimental to the public good.  Staff finds that the hardship standard is satisfied due to its shallowness, being only 54.2 feet deep on the north side and 77.67 feet on the south side. June 13, 2013: Zoning Board of Appeals Public Hearing Page 6  Additionally, staff finds that the rear setback reduction of 1 foot 5 inches is nominal and inconsequential in the context of the neighborhood, especially since there is an open space behind the subject lot rather than additional residential lots. 2. Staff recommends denial of the request to reduce the garage door setback from the sidewalk from 20 feet to 15 feet, and finds that:  The granting of the garage door setback will be detrimental to the public good because the resulting 15 foot driveway length will not be long enough to ensure that vehicles don’t overhang the sidewalk. Such an encroachment onto the sidewalk could result in pedestrians being force onto the street when walking past this lot. RECOMMENDATION: Staff recommends approval of Appeal #2739 for the front porch and rear setback reductions, but denial of the garage door setback request. OTHER BUSINESS: AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – June 13, 2013 at 8:30 a.m. Appeal: 2734 529 W. Mountain Ave. Supporting documentation • Applicant’s application for variance • Applicant’s written statement or variance request • 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 • Citizen feedback Revised Written Statement in Support of Variance Request I. Summary of Proposal: This constitutes our revised written statement in support of our request for a variance pursuant to paragraph (3) of the Zoning Variance Review document. The request is for a small greenhouse to be constructed at the back of the property, with a variance for any setback requirements along the eastern and southern sides of the property, as well as for a variance for the fifty percent rule. The greenhouse is to be used to heat an existing bungalow, as well as to extend the growing season for the garden that will be inside. Thermal mass used to retain heat will be provided by a water feature (a koi pond) inside the greenhouse. The bungalow serves as an office and play area and was constructed prior to the current Land Use Code and thus was built directly on to the neighboring property line, with no setback. Similarly, the greenhouse will sit adjacent to our neighbor’s garage (although set back from it, to allow access to maintain the exterior of the garage), which was also constructed prior to the Land Use Code and thus also sits directly up to the property line, with no setback. As the property stands right now, the portion on which the greenhouse would sit is virtually cut off by the neighbor’s garage and the existing bungalow, and thus is more or less useless. Given the context of the neighborhood, in which the nearby and adjacent structures have been built without any setbacks, this proposal for a small greenhouse will not diverge from the Land Use Code standards except in a nominal, inconsequential way, and is consistent with the character of the existing neighborhood. Furthermore, since the greenhouse will reduce energy consumption, granting of this variance is consistent with and furthers the purpose of the Land Use Code as codified in section 1.2.2 (H) of the Code. My wife and I hope you will grant us this variance. We look forward to discussing it with you. II. Discussion: My wife and I recently purchased the home on 529 West Mountain Ave., which sits on the southeast corner lot of Whitcomb and West Mountain (we previously lived north of town, on Eagle Lake Drive). The back yard of the property is quite small, due to the setback requirements of a corner lot, and due to the neighbor’s pre-Code garage extending on to what was likely the 1 original property of our yard. The variance requested is to permit us to construct a small greenhouse on the rear (southeast corner) of the property, to be attached to an existing bungalow that sits on our property, without the setbacks required by the Code and with a variance for the fifty percent requirement of the Code. A. The Passive Solar Greenhouse: A passive solar greenhouse relies on thermal mass to store radiant heat during the day and release it at night. Thermal mass is typically provided by sand, rock, or water, often stored in large barrels. The sun radiates on the thermal mass during the day where it is stored, and the heat is released at night. We propose using a water feature, a koi pond, to serve as thermal mass (we had a koi pond in our prior home on Eagle Lake and the koi are looking for a home), as well as the sand, rock and stone which are part of the proposed water feature. The bungalow has an existing window and solar fans and sliding glass doors will facilitate the exchange of heat between the greenhouse and the bungalow. The effectiveness of a greenhouse to provide heat during the winter is dependent on the thermal mass in the greenhouse – the greater the thermal mass, the more heat is stored and available for release. While the ability of a greenhouse to heat an existing structure is quite variable and somewhat unpredictable, a minimum of 2000 gallons of water (equivalent to forty – 50 gallon drums) we believe is minimal to provide any benefits at all. It is also, more or less, the minimum required to maintain at least a few of our koi in a koi pond. We consulted with those experienced in constructing a koi pond. Given the limitation on how deep we can construct the pond, and that the greenhouse will also serve as a garden, we believe the size of the greenhouse we have requested is the minimum that makes sense. B. The Fifty Percent Rule: Our home sits on the corner lot of West Mountain Ave. and Whitcomb and, as a corner lot, is set back well from both streets. As a result, the back yard is quite small (someone with a home not a corner lot and not subject to those setback requirements would have a larger rear yard). Furthermore, our neighbor’s garage, constructed before the Code, sits directly on the property line and extends into what was likely the prior property of our lot (we assume prior owners long ago granted the neighbors a piece of what is now our property to construct their garage) thus making our yard even smaller. Lastly, the garage and bungalow more or less cut off that portion of the yard where we would construct the greenhouse, making it virtually useless to 2 us. The result is that our yard is smaller than those typically found in the neighborhood, but that granting this variance would be consistent with the character of the rest of neighborhood, where the yards are larger. In any event, granting this variance is a nominal and inconsequential departure from the Code. III. Conclusion: We think it axiomatic that encouraging energy saving structures such as passive solar greenhouses is in conformity with the goals and purposes of the Code (sec. 1.2.2 (H) of the Land Use Code). This requested variance from the setback requirements of the Code will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way considered in the context of the neighborhood, while also reducing energy consumption. Our backyard is atypically small and granting us a variance from the fifty percent requirement will also not diverge from the standards of the Land Use Code except in a nominal, inconsequential way considered in the context of the neighborhood. All the nearby structures, including the adjacent bungalow and a nearby garage, were all built without any setbacks; building our greenhouse in conformity with existing setback and fifty percent requirements, in addition to making the greenhouse financially not viable, would appear visibly incongruous, as well as creating a difficult to maintain narrow strip around the greenhouse. We are ten year residents of Fort Collins who, as so many others have, discovered the charms of not only Fort Collins but of Old Town in particular. As new residents of Old Town we are acutely aware of the unique characteristics of the neighborhood and the need to preserve that which makes our neighborhood special. While preserving the unique historical aspect of the neighborhood is important, it also seems axiomatic to us that one should be encouraging sound land use practices that reduce energy consumption, so long as such practices do not detract from the overall characteristics of the neighborhood. That is what we are attempting to do. The greenhouse will not be visible from Mountain, Whitcomb nor any other street, and will not detract in any manner from the look and feel of the neighborhood. It will be constructed of non-flammable polycarbonate and will not present a fire hazard. We hope you will allow it. We thank you, and your kind attention is appreciated. Fred Abramowitz and Amy Hayes 3 Community Development & Neighborhood Services P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 6/4/2013 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: 4.8(E)(3) and (E)(4), 4.8(D)(5) has been requested by: Fred Abramowitz and Amy Hayes for described property: 529 W Mountain Ave zoning district: NCM The variance will: 1) reduce the required rear yard setback along the south lot line from 15 feet to 1 foot 1 inch 2) reduce the required side yard setback from the east lot line from 5 feet to 0 feet 3) reduce the side yard setback from the west lot line of the back corner portion of the lot from 5 feet to 2 feet The variance will also increase the amount of floor area allowed in the rear half of the lot from 1147 square feet (lot area ratio of .33) to 1447 square feet (lot area ratio of .416). The variances are requested in order to allow a 270 square foot greenhouse addition to be constructed onto the south side of the existing detached building at the southeast corner of the lot. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2734 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 8:30 a.m. on Thursday, June 13, 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 1 2 3 54 7 6 8 9 10 11 12 13 14 15 Poudre Trnstn Ctr HS Fullana Early Childhood LOOMIS ADD WEST SIDE ADD SAVINGS BLD CONDOS WEST SIDE ADD AMD BLK 272 LOOMIS ADD AMD L11-18 BLK 280 CANYON PLACE LOOMIS ADD AMD L19-28 BLK 281 424 WEST OAK PUD CORTINA CONDOS OLD TOWN PROFESSIONAL CENTER CONDOS LOOMIS ADD AMD L2-3 6 BLK 278 CANYON PARK CONDOS LOOMIS ADD TAYLORS SUB L2-3 6 BLK 269 401 WEST MOUNTAIN CONDOS Fort Collins W OAK ST W OLIVE ST LAPORTE AVE W MOUNTAIN AVE S GRANT AVE S LOOMIS AVE S MELDRUM ST CANYON AVE S WHITCOMB ST S SHERWOOD ST N GRANT AVE N LOOMIS AVE N MELDRUM ST N WHITCOMB ST N SHERWOOD ST Ft Clns Irigtn Ditch 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 / 5/2/2013 0 135270 Feet Larimer County LIL Report - 5/2/2013 3:27:12 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 - 5/2/2013 3:27:12 PM Page - 2 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 1 9711410006 122 S WHITCOMB ST KNAPP MAYNARD K/ALISON M 122 S WHITCOMB ST FORT COLLINS CO 80521 FORT COLLINS //10071 8249 2 9711410003 109 S SHERWOO D ST MOZER ELIZABETH GRANT 109 S SHERWOO D ST FORT COLLINS CO 80521 FORT COLLINS //10071 42960 3 9711409024 524 W MOUNTAIN AVE KERIG DANIEL 4320 N COUNTY ROAD 13 FORT COLLINS CO 80524 FORT COLLINS //10061 125995 4 9711313002 105 S WHITCOMB ST Larimer County LIL Report - 5/2/2013 3:27:12 PM Page - 3 Id PARCEL NUMBER SITE ADDRESS NAME NAME1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIPCODE SITE CITY SUBNUM GISID 13 9711410009 515 W MOUNTAIN AVE 515 WEST MOUNTAIN AVENUE LLC 1712 LINDEN WAY FORT COLLINS CO 805242200 FORT COLLINS //10071 8224 14 9711409022 528 W MOUNTAIN AVE LA-DE-MAE LLC 4400 N COUNTY ROAD 9 FORT COLLINS CO 80524 FORT COLLINS //10061 8096 15 9711410004 115 S SHERWOO D ST GRANT MARGARE T S PO BOX 44 FORT COLLINS CO 80522-0044 FORT COLLINS //10071 65730 Appeal 2734 - 529 W Mountain Ave NAME MAILING ADDRESS MAILING CITY ST ZIP DANIEL CHESTER L 301 S LOOMIS AVE FORT COLLINS CO 80521 LIM VERONICA LIM/RANGI JASON 108 S WHITCOMB ST FORT COLLINS CO 80521 MOZER ELIZABETH GRANT 109 S SHERWOOD ST FORT COLLINS CO 80521 HICKMAN T SCOTT 505 N BIG SPRING STE 105 MIDLAND TX 80524 ROGERS DYLAN/CATHERINE L 113 S WHITCOMB ST FORT COLLINS CO 80521 GRANT MARGARET S PO BOX 44 FORT COLLINS CO 79701 KALEY LANE C 118 S WHITCOMB ST FORT COLLINS CO 80522 KNAPP MAYNARD K/ALISON M 122 S WHITCOMB ST FORT COLLINS CO 80521 515 WEST MOUNTAIN AVENUE LLC 1712 LINDEN WAY FORT COLLINS CO 80524 WALD ERIC DONALD/JANIE PERRY 519 W MOUNTAIN AVE FORT COLLINS CO 80521 AMASON CURTIS G/EVA 219 S LOOMIS AVE FORT COLLINS CO 80521 KERIG DANIEL 4320 N COUNTY ROAD 13 FORT COLLINS CO 30307 LA-DE-MAE LLC 4400 N COUNTY ROAD 9 FORT COLLINS CO 80521 GOETTL JAMES A/CAROL C 436 EMORY CIR ATLANTA GA 80524 KNAPP MAYNARD K/ALISON M 122 S WHITCOMB ST FORT COLLINS, CO 80521 MOZER ELIZABETH GRANT 109 S SHERWOOD ST FORT COLLINS, CO 80521 KERIG DANIEL 4320 N COUNTY ROAD 13 FORT COLLINS, CO 80524 DANIEL CHESTER LANE TRUST 301 S LOOMIS AVE FORT COLLINS, CO 80521 WALKER SUSAN M 601 W MOUNTAIN AVE FORT COLLINS, CO 80521 KALEY LANE C 118 S WHITCOMB ST FORT COLLINS, CO 80521 HICKMAN T SCOTT 505 N BIG SPRING STE 105 MIDLAND, TX 79701 ROGERS DYLAN/CATHERINE L 113 S WHITCOMB ST FORT COLLINS, CO 80521 LIM VERONICA LIM/RANGI JASON 108 S WHITCOMB ST FORT COLLINS, CO 80521 HAYES AMY S 529 W MOUNTAIN AVE FORT COLLINS, CO 80521 AMASON CURTIS G/EVA 219 S LOOMIS AVE FORT COLLINS, CO 805212540 WALD ERIC DONALD/JANIE PERRY 519 W MOUNTAIN AVE FORT COLLINS, CO 80521 515 WEST MOUNTAIN AVENUE LLC 1712 LINDEN WAY FORT COLLINS, CO 805242200 LA-DE-MAE LLC 4400 N COUNTY ROAD 9 FORT COLLINS, CO 80524 GRANT MARGARET S PO BOX 44 FORT COLLINS, CO 80522-0044 Appeal 2734 - 529 W Mountain Ave From: Karen McWilliams Sent: Friday, June 07, 2013 10:31 AM To: 'Kevin Murray'; ecoregions@cs.com Cc: vlim@earthlink.net; islandcort@gmail.com; Peter Barnes; Josh Weinberg Subject: RE: Statements in opposition to greenhouse at 529 W Mountain Ave Hi, all – Peter was not aware originally about the proximity of 529 to the new Whitcomb District, but he certainly knows about it now. Because the greenhouse is not actually in the District, it is not subject to the Design Review that would otherwise be required. And, as I told Bob yesterday, the greenhouse also is not being attached to a historically significant (“individually eligible”) building, so it satisfies the Demo/Alt Review Process; and, since the property is a single family dwelling, it is not subject to review under Land Use Code 3.4.7. The owners of the greenhouse certainly could take advantage of the Design Assistance Program. While the advice under this program is completely voluntary, it might at least provide them with options for different locations where the greenhouse could be built; with designs for a smaller and shorter building that might not be so impactful (and could require less of a variance); and/or with ideas for converting the existing shed for all or partial use for the greenhouse (i.e. “glass” walls, solar collectors on the shed’s roof) so there would not need to be another structure built on the property. As far as the one car garage at 601 W. Mountain, have you folks seen the proposed plans, and are there neighborhood concerns? The contractor, Steve Josephs, has made the new owner aware of the need for Design Review (since it is in the District). The item will be tabled to the July 11 ZBA meeting. The garage, and a proposed change to the secondary porch on the southeast part of the home, are also scheduled for the July 10 LPC meeting, the night before the ZBA. The owner reportedly understands that, should the LPC require modification of the plans, he may need to redo and resubmit his application for a variance. The ZBA agenda, with Peter Barnes’ official staff reports, will be posted to the Boards and Commissions’ web page either later today or early Monday http://www.fcgov.com/cityclerk/zoning-appeals.php. I’ve attached Peter’s DRAFT staff report here for the 529 W Mountain item, but please recognize that this is still draft, and that the official one will be the one posted. Please let me know if you have any questions - Karen Karen McWilliams, Preservation Planner Community Development and Neighborhood Services City of Fort Collins 970.224.6078 kmcwilliams@fcgov.com From: Kevin Murray [mailto:empire@verinet.com] Sent: Thursday, June 06, 2013 6:50 PM To: Karen McWilliams; ecoregions@cs.com Cc: vlim@earthlink.net; islandcort@gmail.com Subject: Re: Statements in opposition to greenhouse at 529 W Mountain Ave Hi Karen welcome back! I’m not sure how things like this are notified, but according to Bob Bailey, Peter wasn’t aware of the new Landmark District. He may not be aware of any restrictions (or incentives) that go along with that. It might be a good meeting to have with him, if you haven’t already. Also, the folks that bought Susan Walker’s home (601 W Mtn) are coming up for a variance for a garage at the same meeting. I think that may need LPC approval too (?) being in the Landmark area: Appeal #2735. Talk to you soon. Kevin From: ecoregions@cs.com Sent: Thursday, June 06, 2013 2:57 PM To: kmcwilliams@fcgov.com Cc: vlim@earthlink.net ; islandcort@gmail.com ; empire@verinet.com Subject: Statements in opposition to greenhouse at 529 W Mountain Ave Hi, Karen, Please see attached statements that I just sent to Peter Barnes, Zoning Supervisor, at the City. The hearing on this proposed greenhouse will be held at 8:30 a.m. on Thursday, June 13, 2013 in the Council Chambers at 300 Laporte Ave. Veronica Lim and I will be speaking in opposition to this variance. One of the reasons (see p. 4 in my statement) is that this structure will encroach on the just-approved Whitcomb Street Historical District. As you know, this District was created to help preserve historical houses and to protect them and their neighborhoods from redevelopment activities such as the ones outlines in this variance request. We would appreciate anything you can do to help us oppose this variance. Unfortunately, Kevin Murray who kindly submitted written comments, and Curt Amason (the other next- door neighbor at 521 W Mountain Ave) are traveling and won’t be able to attend. I know you are concerned about protecting the character of Old Town homes and neighborhoods. So, I hope we can count on your support. Thank you in advance, Bob Robert Bailey ecoregions@cs.com 1306 W Mountain Ave Fort Collins, CO 80521 970-481-4159 (cell) 1 Greenhouse variance5 – 6/6/13 Written Statement in Opposition to the Granting of a Variance For a Greenhouse at 529 W Mountain Ave My name is Robert G. Bailey. I live at 1306 W Mountain Ave. I am writing as one who is concerned about protecting the character of Old Town homes and neighborhoods. I became aware of this request of a variance through my friend Veronica Lim who will be affected if this variance is granted. I write in her support. I have read the proponents statement in support of the variance request and find many reasons to oppose it. Background The people who recently purchased the remodeled, expanded house on the southeast corner of Mountain and Whitcomb (529 W Mountain) have applied for a variance to construct a greenhouse on the rear of their property without the required setbacks. This is a two-story house where a one-story house previously existed. If they are successful, the greenhouse will be set on or close to the property lines of Veronica Lim at 108 S Whitcomb and Curt Amason at 521 W Mountain. Their arguments for a variance are (1) this will be a passive solar greenhouse that will be used to heat an existing bungalow,1 which will be in conformity with the City's goals of encouraging energy saving structures, (2) although the square footage of their house is over the fifty percent rule for the back of their lot, their lot is small in comparison to the neighbors and the shape of the backyard is irregular making parts of it "useless" to them unless they build a greenhouse, and (3) some structures (e.g., garages, sheds, barns, etc.) throughout the neighborhood that were built before the Land Use Code are located on property lines, therefore, what the new owners are proposing to build is not atypical and should be allowed. 1 They call it a bungalow. The submitted plat calls it a shed. 2 Reasons for opposition: The Passive Solar Greenhouse2  The greenhouse will be highly visible from Ms. Lim’s backyard. An 18 foot wall of plastic close to her property line will detract from the look and feel of her backyard.  While greenhouses by their nature absorb solar radiation, a certain percentage of the solar energy will be reflected thereby changing the microclimate and cause an adverse effect on the garden, trees, and lawn on Ms. Lim’s side of the property line if the greenhouse were to be built as proposed  If the new owners want to convert their bungalow/shed from electrical heating to other forms of clean energy, there are other options for doing so without encroaching on Ms. Lim’s property. One option would be to install roof-mounted solar cells. Another would be to buy wind-generated electricity from the City. Building an energy saving structure should not trump the property rights of their neighbors.  The greenhouse is not heating a residence, but an old shed. Promoting the idea of energy saving in this context is a stretch to say the least. The Fifty Percent Rule  The new owners are of the opinion that because their backyard is small and irregular in shape it is “useless.” Open space on a lot is not useless just because it doesn’t have a structure on it. Open space is extremely valuable because it provides a buffer between neighbors, limits the amount of impervious surface on a lot for the purpose of storm water infiltration, provides privacy, and provides space for a 2 When the new owners informed Ms. Lim that they wanted to build a greenhouse on the property line it was because they wanted to provide a barrier to make sure their dogs didn’t get loose. In response, Ms. Lim said that she preferred a fence. Now, the stated purpose of this structure is to provide heat for an attached bungalow, grow vegetables, and house a koi pond. 3 vegetable garden. In fact, the space proposed for the greenhouse is in full sun and already set up with raise beds for a garden.  The new owners argue that their small backyard is atypical considering the context of the neighborhood and they should be given special consideration to build a greenhouse without setbacks and to exceed the amount of their lot area coverage allowed by the City. However, the small size of their backyard is primarily the result of the expansion of the house into the pre-expansion backyard by the building contractor, and from a bungalow/shed that was built in the backyard some years ago. This is not the result of anything the neighbors have had a hand in nor should they have to give up their rights because of it. (If the new owners wanted a larger back yard, they undoubtedly had the opportunity to buy a house with a larger backyard.)  The applicant makes an assertion that the neighbor’s garage “extends into what was likely the prior property of our lot thus making our yard even smaller.” The new owners bought their lot presumably with full knowledge of its size and shape. Again, it is not the neighbor’s responsibility to give up their rights and suffer the results because the new owners are not satisfied with the lot they just bought. The applicant suggests their backyard is small, and lament the fact; yet they seek to make it smaller by stuffing in another building.  The new owner’s house is already 30 square feet (lot area ratio of .33) over the fifty percent rule for the back of their lot allowed by the pre-2013 City Code. The variance as requested will increase the amount to over 300 square feet (lot area ratio of .416). Although the new owners applied for a variance before the new City Code (Ordinance 033, the “good neighbor ordinance”) went into effect on May 15, 2013 in order to avoid stricter lot area ratios, it is clear that the City wants to encourage more open space between houses—not to allow variances that go contrary to the pre-2013 and the new existing Code. Setbacks 4  Because structures in the past were built on the property line before the Code does not justify that this should be allowed in the future. The City Code has been developed to correct past practices of placing structures on property lines. Setbacks are there for a reason. They act as a buffer between neighbors. They limit new impervious surface areas for the purposes of storm water infiltration. And they are there to limit the spread of fire.  The new owner’s two-story house already has had an adverse impact on the Ms. Lim’s privacy in her backyard because the new owner’s house has windows looking down into it. This is a two-story house where a one-story house previously existed. An additional structure (essentially a large plastic window) near her property line will loom over her backyard and further increase the lack of privacy.  This structure will encroach on the Whitcomb Street Historic District. This District (of which Ms. Lim’s house is included) was created in December 2012 to help preserve historical houses and to protect them and their neighborhoods from redevelopment activities such as the ones outlined in this variance request  Ms. Lim bought her house with the reasonable expectation that the rules for setback would be enforced. She doesn’t want a permanent structure near her property line that will significantly detract from the look, privacy, and livability of her backyard—not to mention detract from her property values. Conclusion Veronica Lim and the other next door neighbor are opposed to the granting of this variance for the reasons stated above (personal communication from Curt Amason at 521 W Mountain). Throughout the proposal there is written “nominal and inconsequential” in reference to the proposal. On the contrary, this proposal will significantly diverge in a consequential way from the pre-2013 as well as the new existing Land Use Code standards. Allowing the greenhouse as proposed will place a windowed structure looming over a backyard whose privacy has already been diminished. It will impede on the 15 foot rear yard setback by 14 feet. It will reduce the 5 required west yard setback from 5 feet to 2 feet and the east yard setback from 5 feet to 0 feet. There is no good reason to do this other than the rest of the yard is already built on. Ms. Lim is a senior citizen and a self-employed piano teacher of modest means who lives in a compact, 976 square foot bungalow cottage on a small, 4,300 square foot lot. It was built in 1940. Her backyard is small but provides sanctuary. She doesn’t have much area to act as a buffer with her neighbors. What she does have she cherishes and wants to preserve. She thinks that enforcement of the Land Use Code standards for setbacks and lot area coverage is essential to preserving the character of her home and this historical neighborhood. In addition, she reasonably assumes the applicant was informed by the realtor of the limitations placed on their property by the Codes. Therefore, she concludes they must have known this application was a gamble when they bought the property. She hopes this gamble does not payoff and respectfully requests that this variance request not be granted. Submitted: Robert G. Bailey 6/6/13 1306 W Mountain Ave Concurred: Veronica Lim 6/6/13 108 S Whitcomb St Concurred: Curt Amason 6/6/13 521 W Mountain Ave Date June 1, 2013 Greenhouse variance opposition statement Statement from Veronica Lim of 108 South Whitcomb Street As the next-door neighbor of the new owners at 529 West Mountain Avenue, I respectfully request that the City Land Use Code standards for setbacks and lot area coverage be enforced. Please see Robert Bailey's letter above which outlines all my concerns. Thank you, Veronica Lim City of c ktColli~ Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort Collins, CO 80522-0580 970.221 .6750 970.224.61 34 - fax ( ( fcgov. com/currentplanning Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2735 Meeting Date Thursday, June 13, 2013 300 Laporte Ave. Council Chambers, 8:30 am Petitioner must be present at the meeting. When a building or sign permit is requ ired for any work for which a variance has been granted, the permit must be obtained within six months of the date of the variance. Any extension of this six month time limit must be stipulated by the Zoning Board of Appeals at the time the variance is granted. Address 601 W Mountain Ave Petitioner: Steve Josephs City Fort Collins State co Petitioner Is: Contractor ZipCode 80521 Phone Number (970) 416-9300 Owner: James Goettl Petitioners Address 319 E. Magnolia St, 80521 Code Section(s) 4.8(0)(5), 4.8(E)(4) Job Status Not Started Zoning District NCM Description: The variance will increase the required floor area ratio for the rear half of the lot (the south half) from .33 to .34 and reduce the required side yard setback along the south lot line from 5 feet to 3 feet. The variances are requested in order to allow a new, detached one-car garage to be constructed in the southwest corner of the lot. Hardship See petitioner's letter. Tuesday, May14, 2013 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – June 13, 2013 at 8:30 a.m. Appeal: 2736 417 N. Grant Ave. Supporting documentation • Applicant’s application for variance • Applicant’s written statement or variance request • 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 Julianna and Torey Lenoch 35 South Taft Hill Road Fort Collins, CO 80521 970-494-0124 May 4, 2013 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 To whom it may concern: We are requesting two variances to the Fort Collins Land Use Code in the development of the property at 417 Grant Street (Parcel # 97112-20-009). The lot was originally platted as two separate properties, and we would like to restore it back to its original condition as (2) separate 35’ wide lots at 4,921.5 SF each (Legal description: Lots 9 and 10, Block 294, West Side). The first variance requested is to code section 4.8 (NCM) (D) (1) to reduce the lot size of each home from 5,000 SF minimum as required by the Land Use Code for the NCM zone to 4,921.5 SF. The second variance requested is to code section 4.8 (NCM) (E) (1), to allow a reduction in lot width for each property from 40’ as required by the Land Use Code to 35’. We believe the proposal as submitted to divide the property back into its original intent 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 lots were originally platted as (2) separate 35’ wide lots, so we would be restoring the property back to its original condition, where the lots size will be less than 80 SF below the minimum standard. Lastly, it will allow for improvement of the existing space, and removal of a home in poor condition. We intend to develop these lots with 2 modest size homes and detached garages that will restore this region of the neighborhood. We have attached initial drawings of 2 conceptual designs that will fit into the neighborhood and comply with current Land Use Code regulations and square footage regulations. We appreciate your consideration of this proposal. Sincerely, Julianna Lenoch Torey Lenoch Enclosed: Schematic drawings of initial development plans for properties Property Owner: Torey & Julie Lenoch Contact: 970-219-0823 Parcel No: 97112-20-009 Legal Description: LOT 10, BLK 294, WEST SIDE, FTC Zoning District: NCM Setbacks: Front Yard- 15 Feet Rear Yard- 5 Feet Side Yard- 5 Feet Lot Size: 4,900 SF Floor Area Ratio: 0.25 + 1,000 SF Allowable Total Floor Area: 2,225 SF Proposed Total Floor Area: Garage: 360 SF First Floor House: 1,155 SF Second Floor House: 700 SF Total: 2,215 SF Allowable Floor Area on Rear 50% of lot: 2,450 SF * .33 = 808 SF Actual Floor Area on Rear 50% of lot: 360 SF 5' - 0" 5' - 0" 5' - 0" FRONT YARD SETBACK SIDE YARD SET-BACK REAR YARD SETBACK GRANT STREET ALLEY 25' - 0" 120' - 0" 15' - 0" 140' - 0" SIDE YARD SETBACK 35' - 0" 70' - 0" 70' - 0" 1,855 SF HOUSE 5' - 0" 5' - 0" 20' - 0" 10' - 0" 360 SF GARAGE 18' - 0" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 417 N. Grant Street Fort Collins, CO 05.09.13 A0 SCALE: 1/16" = 1’−0" 1 SITE PLAN UP D W FOYER CLOSET LAUNDRY/ MUD ROOM OFFICE/BDRM. LIVING ROOM 14' - 3 1/2" 17' - 7 1/2" 10' - 5" 2' - 6" 11' - 3 1/2" 9' - 2 1/2" 18' - 1 1/2" 9' - 0" 7' - 11" CLO. CLO. CLO. BATH 24' - 0" 2' - 0" 8' - 8 1/2" KITCHEN DINING ROOM 18' - 0" 8' - 0" 20' - 0" 8' - 0" 46' - 0" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 417 N. Grant Street Fort Collins, CO 05.09.13 A1 SCALE: 3/16" = 1’−0" 1 FIRST FLOOR PLAN DN BEDROOM 1 BEDROOM 2 CLOSET CLOSET MASTER MASTER BATH CLOSET MASTER BEDROOM HALL 18' - 0" 8' - 0" 18' - 0" BATH 44' - 0" 14' - 7" 9' - 5" 24' - 0" 11' - 9" 5' - 6" 8' - 5" 13' - 7 1/2" 12' - 11" 11' - 8 1/2" 5' - 8" 5' - 8" 7' - 11" 14' - 6" LINEN 9' - 8" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 417 N. Grant Street Fort Collins, CO 05.09.13 A2 SCALE: 3/16" = 1’−0" 1 UPPER LEVEL FLOOR PLAN 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 417 N. Grant Street Fort Collins, CO 05.09.13 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 417 N. Grant Street Fort Collins, CO 05.09.13 Community Development & Neighborhood Services P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 6/4/2013 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: 4.8(D)(1), 4.8(E)(1) has been requested by: Julianna and Torey Lenoch for described property: 417 N Grant Ave zoning district: NCM The variance will reduce the required minimum lot area from 5000 square feet to 4900 square feet and reduce the required minimum lot width from 40 feet to 35 feet in order to allow the existing parcel (9800 square feet, 70 foot wide) to be put back to its original platted condition of two 4900 square foot lots and two 35 foot wide lots. (See Appeal 2737 for similar variance for the other half of the existing parcel). This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2736 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 8:30 a.m. on Thursday, June 13, 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 Appeal 2736 - 417 N. Grant Ave Property Owner Mailing Address City St Zip Alford Sushii and Lynne Kuman 3831 Troon Circle Broomfield CO 80023 Amelia Aragon 409 N Grant Ave Fort Collins CO 80521 Susan Gavaldon 413 N Grant Ave Fort Collins CO 80521 John Garcia PO Box 506 Laporte CO 80535 Joe and Dorothy Pacheco 2701 Claremont Dr Fort Collins CO 80524 Banyon Bungalow LLC 1402 Banyon Dr Fort Collins CO 80521 Michael and Dion Bundy 503 N Grant Ave Fort Collins CO 80521 DL William 1520 Hillside Dr Fort Collins CO 80524 Neal Wohlmuth 729 Sycamore St Fort Collins CO 80521 Rudy and MaryAnn Baldiva 3676 E Douglas Rd Fort Collins CO 80524 Susan Johnson 416 N Grant Ave Fort Collins CO 80521 Gregory and George Menning 4014 Lemay Ave #27 Fort Collins CO 80524 Andrew Fox 901 W Mountain Ave Fort Collins CO 80521 Diane Reiser 4719 Crest Dr Fort Collins CO 80526 Mary Barraza 412 Wood St Fort Collins CO 80521 Sarah Jordensen and William Jack Holder 829 Juniper Ln Fort Collins CO 80526 Brendan Taff and Patricia Spears 420 Wood St Fort Collins CO 80521 Maggie Clark 422 Wood St Fort Collins CO 80521 Louis and Jenny Cordova 424 Wood St Fort Collins CO 80521 Kent and Kimberly Walkenhorst 2301 Amber St Fort Collins CO 80525 Appeal 2736 - 417 N Grant Ave Applicants Julianna & Torey Lenoch 35 S Taft Hill Rd Fort Collins, CO 80521 Julianna & Torey Lenoch 35 S Taft Hill Rd Fort Collins, CO 80521 Alford Sushii Lynne Kuman 3831 Troon Circle Broomfield, CO 80023 Amelia Aragon 409 N Grant Ave Fort Collins, CO 80521 Susan Gavaldon 413 N Grant Ave Fort Collins, CO 80521 John Garcia PO Box 506 Laporte, CO 80535 Joe and Dorothy Pacheco 2701 Claremont Dr Fort Collins, CO 80524 Banyon Bungalow LLC 1402 Banyon Dr Fort Collins, CO 80521 Michael and Dion Bundy 503 N Grant Ave Fort Collins, CO 80521 DL William 1520 Hillside Dr Fort Collins, CO 80524 Neal Wohlmuth 729 Sycamore St Fort Collins, CO 80521 Rudy and MaryAnn Baldiva 3676 E Douglas Rd Fort Collins, CO 80524 Susan Johnson 416 N Grant Ave Fort Collins, CO 80521 Gregory and/or George Menning 4014 Lemay Ave #27 Fort Collins, CO 80524 Andrew Fox 901 W Mountain Ave Fort Collins, CO 80521 Diane Reiser 4719 Crest Dr Fort Collins, CO 80526 Mary Barraza 412 Wood St Fort Collins, CO 80521 Sarah Jordensen and William Jack Holder William Jack Holder 829 Juniper Ln Fort Collins, CO 80526 Brendan Taff Patricia Spears AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – June 13, 2013 at 8:30 a.m. Appeal: 2737 419 N. Grant Ave. Supporting documentation • Applicant’s application for variance • Applicant’s written statement or variance request • 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 Julianna and Torey Lenoch 35 South Taft Hill Road Fort Collins, CO 80521 970-494-0124 May 4, 2013 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 To whom it may concern: We are requesting two variances to the Fort Collins Land Use Code in the creation of the property at 419 Grant Street (Parcel # 97112-20-009). See additional request for the property at 417 Grant. The lot was originally platted as two separate properties, and we would like to restore it back to its original condition as (2) separate 35’ wide lots at 4,921.5 SF each (Legal description: Lots 9 and 10, Block 294, West Side). The first variance requested is to code section 4.8 (NCM) (D) (1) to reduce the lot size of each home from 5,000 SF minimum as required by the Land Use Code for the NCM zone to 4,921.5 SF. The second variance requested is to code section 4.8 (NCM) (E) (1), to allow a reduction in lot width for each property from 40’ as required by the Land Use Code to 35’. We believe the proposal as submitted to divide the property back into its original intent 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 lots were originally platted as (2) separate 35’ wide lots, so we would be restoring the property back to its original condition, where the lots size will be less than 80 SF below the minimum standard. Lastly, it will allow for improvement of the existing space, and removal of a home in poor condition. We intend to develop these lots with 2 modest size homes and detached garages that will restore this region of the neighborhood. We have attached initial drawings of 2 conceptual designs that will fit into the neighborhood and comply with current Land Use Code regulations and square footage regulations. We appreciate your consideration of this proposal. Sincerely, Julianna Lenoch Torey Lenoch Enclosed: Schematic drawings of initial development plans for properties 5' - 0" 5' - 0" 5' - 0" FRONT YARD SETBACK SIDE YARD SET-BACK REAR YARD SETBACK GRANT STREET ALLEY 25' - 0" 120' - 0" 15' - 0" 140' - 0" SIDE YARD SETBACK 35' - 0" 70' - 0" 70' - 0" 5' - 0" 5' - 0" 22' - 0" 5' - 0" 20' - 0" 440 SF GARAGE 1,775 SF HOUSE Property Owner: Torey & Julie Lenoch Contact: 970-219-0823 Parcel No: 97112-20-009 Legal Description: LOT 9, BLK 294, WEST SIDE, FTC Zoning District: NCM Setbacks: Front Yard- 15 Feet Rear Yard- 5 Feet Side Yard- 5 Feet Lot Size: 4,900 SF Floor Area Ratio: 0.25 + 1,000 SF Allowable Total Floor Area: 2,225 SF Proposed Total Floor Area: Garage: 440 SF First Floor House: 1,170 SF Second Floor House: 600 SF Total: 2,210 SF Allowable Floor Area on Rear 50% of lot: 2,450 SF * .33 = 808 SF Actual Floor Area on Rear 50% of lot: 512 SF 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 419 N. Grant Street Fort Collins, CO 05.09.13 A0 SCALE: 1/16" = 1’−0" 1 SITE PLAN UP UP DW REF. D W CLOSET FOYER 9' - 6" 14' - 6" 1' - 6" 12' - 3" 11' - 6" 13' - 6" 10' - 1 1/2" LAUNDRY HALF BATH MASTER CLO. TOILET SHOWER MASTER BEDROOM MASTER BATH DINING ROOM KITCHEN LIVING ROOM HALLWAY 13' - 3 1/2" 16' - 0" 6' - 0" 44' - 0" 8' - 0" 50' - 0" FRONT PORCH 24' - 0" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 419 N. Grant Street Fort Collins, CO 05.09.13 A1 SCALE: 3/16" = 1’−0" 1 FIRST FLOOR PLAN 13' - 2" LOFT BATH CLOSET BEDROOM 1 BEDROOM 2 CLOSET LINEN 16' - 6 1/2" 27' - 0" 9' - 0" 11' - 3 3/4" 10' - 3 3/4" 1' - 0" 36' - 0" 24' - 0" 1' - 6" 13' - 0" 4' - 0 3/4" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 419 N. Grant Street Fort Collins, CO 05.09.13 A2 SCALE: 3/16" = 1’−0" 1 UPPER LEVEL FLOOR PLAN 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 419 N. Grant Street Fort Collins, CO 05.09.13 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com Lenoch Property 419 N. Grant Street Fort Collins, CO 05.09.13 Community Development & Neighborhood Services P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 6/4/2013 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: 4.8(D)(1), 4.8(E)(1) has been requested by: Julianna and Torey Lenoch for described property: 419 N Grant Ave zoning district: NCM The variance will reduce the required minimum lot area from 5000 square feet to 4900 square feet and reduce the required minimum lot width from 40 feet to 35 feet in order to allow the existing parcel (9800 square feet, 70 foot wide) to be put back to its original platted condition of two 4900 square foot lots and two 35 foot wide lots. (See Appeal 2736 for similar variance for the other half of the existing parcel). This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2737 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 8:30 am on Thursday, June 13, 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 Appeal 2737 - 419 N. Grant Ave Property Owner Mailing Address City St Zip Alford Sushii and Lynne Kuman 3831 Troon Circle Broomfield CO 80023 Amelia Aragon 409 N Grant Ave Fort Collins CO 80521 Susan Gavaldon 413 N Grant Ave Fort Collins CO 80521 John Garcia PO Box 506 Laporte CO 80535 Joe and Dorothy Pacheco 2701 Claremont Dr Fort Collins CO 80524 Banyon Bungalow LLC 1402 Banyon Dr Fort Collins CO 80521 Michael and Dion Bundy 503 N Grant Ave Fort Collins CO 80521 DL William 1520 Hillside Dr Fort Collins CO 80524 Neal Wohlmuth 729 Sycamore St Fort Collins CO 80521 Rudy and MaryAnn Baldiva 3676 E Douglas Rd Fort Collins CO 80524 Susan Johnson 416 N Grant Ave Fort Collins CO 80521 Gregory and George Menning 4014 Lemay Ave #27 Fort Collins CO 80524 Andrew Fox 901 W Mountain Ave Fort Collins CO 80521 Diane Reiser 4719 Crest Dr Fort Collins CO 80526 Mary Barraza 412 Wood St Fort Collins CO 80521 Sarah Jordensen and William Jack Holder 829 Juniper Ln Fort Collins CO 80526 Brendan Taff and Patricia Spears 420 Wood St Fort Collins CO 80521 Maggie Clark 422 Wood St Fort Collins CO 80521 Louis and Jenny Cordova 424 Wood St Fort Collins CO 80521 Kent and Kimberly Walkenhorst 2301 Amber St Fort Collins CO 80525 Appeal 2737 - 419 N Grant Ave Applicants Julianna & Torey Lenoch 35 S Taft Hill Rd Fort Collins, CO 80521 Julianna & Torey Lenoch 35 S Taft Hill Rd Fort Collins, CO 80521 Alford Sushii Lynne Kuman 3831 Troon Circle Broomfield, CO 80023 Amelia Aragon 409 N Grant Ave Fort Collins, CO 80521 Susan Gavaldon 413 N Grant Ave Fort Collins, CO 80521 John Garcia PO Box 506 Laporte, CO 80535 Joe and Dorothy Pacheco 2701 Claremont Dr Fort Collins, CO 80524 Banyon Bungalow LLC 1402 Banyon Dr Fort Collins, CO 80521 Michael and Dion Bundy 503 N Grant Ave Fort Collins, CO 80521 DL William 1520 Hillside Dr Fort Collins, CO 80524 Neal Wohlmuth 729 Sycamore St Fort Collins, CO 80521 Rudy and MaryAnn Baldiva 3676 E Douglas Rd Fort Collins, CO 80524 Susan Johnson 416 N Grant Ave Fort Collins, CO 80521 Gregory and/or George Menning 4014 Lemay Ave #27 Fort Collins, CO 80524 Andrew Fox 901 W Mountain Ave Fort Collins, CO 80521 Diane Reiser 4719 Crest Dr Fort Collins, CO 80526 Mary Barraza 412 Wood St Fort Collins, CO 80521 Sarah Jordensen and William Jack Holder William Jack Holder 829 Juniper Ln Fort Collins, CO 80526 Brendan Taff Patricia Spears AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – June 13, 2013 at 8:30 a.m. Appeal: 2738 2244 Marshfield Ln Supporting documentation • Applicant’s application for variance • Applicant’s written statement or variance request • 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 Community Development & Neighborhood Services P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 6/4/2013 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)(3) has been requested by: Journey Homes for described property: 2244 Marshfield Ln zoning district; LMN The variance will reduce the required minimum side yard setback along the north lot line from 5 feet to 4.79 feet in order to allow a new house to be constructed on the lot. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2738 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 8:30 am on Thursday, June 13, 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 Appeal 2738 - 2244 Marshfield Ln NAME MAILING ADDRESS MAILING CITY ST ZIP STEGNER CAROLYN P 2239 MARSHFIELD LN FORT COLLINS CO 80524 SHERWOOD JONATHAN L 2226 MARSHFIELD LN FORT COLLINS CO 80524 CHEN MING-HUI/JYH-KENG 1342 JAYHAWK DR FORT COLLINS CO 80524 MILDENBERGER JONELLE KAE 2220 MARSHFIELD LN FORT COLLINS CO 80524 GUZMAN HAMMOND/JESSICA 2233 FORECASTLE DR FORT COLLINS CO 80524 MONTANARI DAVID C PO BOX 1829 FORT COLLINS CO 80522 JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY CO 80634 JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY CO 80634 SHARP KIMBERLY A 2256 MARSHFIELD LN FORT COLLINS CO 80524 ARMOLD JEREMIAH R/SARAH M 2257 FORECASTLE DR FORT COLLINS CO 80524 REED NATHAN 1020 WABASH ST UNIT 12-204 FORT COLLINS CO 80526 JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY CO 80634 SWINNEY DAVID W/KELSEY 2239 FORECASTLE DR FORT COLLINS CO 80524 VAN WYNGARDEN ADAM R/KATHERINE E 2227 FORECASTLE DR FORT COLLINS CO 80524 JOURNEY HOMES LLC 7251 W 20TH ST BLDG L STE 200 GREELEY CO 80634 LARSON CHARITY 2245 MARSHFIELD LN FORT COLLINS CO 80524 GONZALEZ ANTONIO 2262 MARSHFIELD LN FORT COLLINS CO 80524 DIAMANT JOHN R/KERRI M 1342 JAYHAWK DR FORT COLLINS CO 80524 SCHULTZ KATHRYN A 2227 MARSHFIELD LN FORT COLLINS CO 80524 GREENWELL KATHLEEN A 2250 MARSHFIELD LN FORT COLLINS CO 80524 WHITEHEAD LAURA/JUSTIN 2245 FORECASTLE DR FORT COLLINS CO 80524 RAMIREZ ORLANDO/JENNIFER G 2251 FORECASTLE DR FORT COLLINS CO 80524 BRIGHT FIONNA MERCEDES 2233 MARSHFIELD LN FORT COLLINS CO 80524 Appeal 2728 - 2244 Marshfield Ln Applicant: Journey Homes Journey Homes 7251 W 20th St Greeley, CO 80634 CAROLYN P STEGNER 2239 MARSHFIELD LN FORT COLLINS, CO 80524 JONATHAN L SHERWOOD 2226 MARSHFIELD LN FORT COLLINS, CO 80524 MING-HUI and/or JYH-KENG CHEN C/O KERRI DIAMANT 1342 JAYHAWK DR FORT COLLINS, CO 80524 JONELLE KAE MILDENBERGER 2220 MARSHFIELD LN FORT COLLINS, CO 80524 HAMMOND/JESSICA GUZMAN 2233 FORECASTLE DR FORT COLLINS, CO 80524 DAVID C MONTANARI DAVID C PO Box 1829 FORT COLLINS, CO 80522 KIMBERLY A SHARP 2256 MARSHFIELD LN FORT COLLINS, CO 80524 JEREMIAH R/SARAH M ARMOLD 2257 FORECASTLE DR FORT COLLINS, CO 80524 NATHAN REED 1020 WABASH ST # 12-204 FORT COLLINS, CO 80526 DAVID W/KELSEY SWINNEY 2239 FORECASTLE DR FORT COLLINS, CO 80524 ADAM R/KATHERINE E VAN WYNGARDEN 2227 FORECASTLE DR FORT COLLINS, CO 80524 CHARITY LARSON 2245 MARSHFIELD LN FORT COLLINS, CO 80524 ANTONIO GONZALEZ 2262 MARSHFIELD LN FORT COLLINS, CO 80524 JOHN R/KERRI M DIAMANT 1342 JAYHAWK DR FORT COLLINS, CO 80524 KATHRYN A SCHULTZ 2227 MARSHFIELD LN FORT COLLINS, CO 80524 KATHLEEN A GREENWELL 2250 MARSHFIELD LN FORT COLLINS, CO 80524 LAURA/JUSTIN WHITEHEAD 2245 FORECASTLE DR FORT COLLINS, CO 80524 ORLANDO/JENNIFER G RAMIREZ 2251 FORECASTLE DR FORT COLLINS, CO 80524 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – June 13, 2013 at 8:30 a.m. Appeal: 2739 2536 Banbury Ln Supporting documentation • Applicant’s application for variance • Applicant’s written statement or variance request • 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 Community Development & Neighborhood Services P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 6/4/2013 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), 3.5.2(D)(3) has been requested by: Journey Homes for described property: 2536 Banbury Ln zoning district; LMN The variance will: 1) reduce the required minimum front yard setback from 15 feet to 11 feet for the front porch only; the rest of the house complies with the setback requirement 2) reduce the minimum required setback from the garage door to the sidewalk from 20 feet to 15 feet 3) reduce the minimum required rear yard setback from 8 feet to 6 feet 7 inches The variances are requested in order to allow the construction of a new house on the lot. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2739 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 8:30 am on Thursday, June 13, 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 APPEAL 2739 - 2536 BANBURY LN Parcel # Number Street Name Owner CITY Zip 8832251051 2518 BANBURY LN Journey Homes FORT COLLINS 80524 8832251043 2519 BANBURY LN Journey Homes 8832251050 2524 BANBURY LN Journey Homes 8832251042 2525 BANBURY LN Journey Homes 8832251049 2530 BANBURY LN Journey Homes 8832251041 2531 BANBURY LN Journey Homes 8832251048 2536 BANBURY LN APPEAL PROPERTY 8832251040 2537 BANBURY LN Journey Homes 8832251047 2542 BANBURY LN Journey Homes 8832251039 2543 BANBURY LN Journey Homes 8832251038 2549 BANBURY LN Journey Homes 8832251064 2519 LYNNHAVEN LN Journey Homes FORT COLLINS 80524 8832251063 2525 LYNNHAVEN LN Journey Homes 8832251062 2531 LYNNHAVEN LN Journey Homes 8832251061 2537 LYNNHAVEN LN Journey Homes 8832251060 2543 LYNNHAVEN LN Journey Homes 8832251059 2549 LYNNHAVEN LN Journey Homes 8832251037 2213 WOODBURY LN Journey Homes FORT COLLINS 80524 8832251056 2237 WOODBURY LN Journey Homes 8832251057 2243 WOODBURY LN Journey Homes 8832251058 2249 WOODBURY LN Journey Homes FIONNA MERCEDES BRIGHT 2233 MARSHFIELD LN FORT COLLINS, CO 80524 420 Wood St Fort Collins, CO 80521 Maggie Clark 422 Wood St Fort Collins, CO 80521 Louis and Jenny Cordova 424 Wood St Fort Collins, CO 80521 Kent and Kimberly Walkenhorst 2301 Amber St Fort Collins, CO 80525 420 Wood St Fort Collins, CO 80521 Maggie Clark 422 Wood St Fort Collins, CO 80521 Louis and Jenny Cordova 424 Wood St Fort Collins, CO 80521 Kent and Kimberly Walkenhorst 2301 Amber St Fort Collins, CO 80525 DANIEL CHESTER LANE TRUST 301 S LOOMIS AVE FORT COLLINS CO 80521 FORT COLLINS 1109 8220 5 9711313001 601 W MOUNTAIN AVE WALKER SUSAN M 601 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS 1109 105787 6 9711410005 118 S WHITCOMB ST KALEY LANE C 118 S WHITCOMB ST FORT COLLINS CO 80521 FORT COLLINS //10071 8245 7 9711410017 112 S WHITCOMB ST HICKMAN T SCOTT 505 N BIG SPRING STE 105 MIDLAND TX 79701 FORT COLLINS //10071 8235 8 9711313005 113 S WHITCOMB ST ROGERS DYLAN/CA THERINE L 113 S WHITCOMB ST FORT COLLINS CO 80521 FORT COLLINS 1109 105788 9 9711410016 108 S WHITCOMB ST LIM VERONICA LIM/RANGI JASON 108 S WHITCOMB ST FORT COLLINS CO 80521 FORT COLLINS //10071 8226 10 9711410013 529 W MOUNTAIN AVE HAYES AMY S ABRAMOWI TZ FRED 529 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS //10071 8221 11 9711410014 521 W MOUNTAIN AVE AMASON CURTIS G/EVA 219 S LOOMIS AVE FORT COLLINS CO 805212540 FORT COLLINS //10071 696 12 9711410015 519 W MOUNTAIN AVE WALD ERIC DONALD/J ANIE PERRY 519 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS //10071 8233