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Home My WebLink About01/10/2013 - Zoning Board Of Appeals - Agenda - Regular MeetingZoning Board of Appeals Agenda Regular Meeting Thursday, January 10, 2013 Roll Call Approval of the Minutes from the previous meeting. Appeal: 2724 218 W Willox Ln The variance will allow a home occupation to be conducted in a detached building, rather than in the house. Specifically, the variance will allow a home occupation to be conducted in the existing, detached garage/shop building. The nature of the home occupation is a screen and window repair business with no sales, outdoor storage or non-resident employees. Code Sections: 3.8.3(1) Petitioner: Jim and Cynthia Hubbard ZoningDistrict CS Appeal: 2725 306 Cherry St The variance will reduce the required front yard setback from 15 feet to 10.4 feet in order to allow a new front porch to be constructed in place of the previously existing front porch. The new front porch will be 8 feet by 24.4 feet, and will extend approximately 2.5' closer to the front lot line than did the previous porch. Code Sections: 4.9(D)(6)(b) Petitioner: Manuel Martinez ZoningDistrict NCB Other Business: Election of officers 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 AGENDA Fort Collins Zoning Board of Appeals Regular Meeting – Thursday, January 10, 2013 Appeal 2724 Address 218 W Willox Ln Petitioner Jim and Cynthia Hubbard Owner Delmar Shipley Zoning District CS Section 3.8.3(1) Justification See petitioner's letter PROJECT DESCRIPTION Request for Variance to Section 3.8.3(1) – home occupation in detached building: The variance will allow a home occupation to be conducted in a detached building, rather than in the house. Specifically, the variance will allow a home occupation to be conducted in the existing detached garage/shop building. The nature of the home occupation is a screen and window repair business with no sales, outdoor storage or non-resident employees. RECOMMENDATION: Approval with condition. STAFF COMMENTS: 1. Background: The property is located in the CS – Service Commercial zoning district. The CS zone is intended for high traffic commercial corridors and allows many commercial and industrial uses. Single-family dwellings, while allowed in the zone, are few in number. The existing detached building which is proposed to be used for the home occupation activity was constructed many years ago. Home occupations are allowed in all zones, but even when located in a non-residential zone such as this, they are required to comply with all of the regulations of the code. One of the regulations is that the activity must be conducted entirely within the dwelling. The applicants desire to use the detached building for their screen and window repair business. All of the other regulations of the home occupation ordinance will be complied with. 2. Applicant’s statement of justification: See Petitioner’s letter. January 10, 2013: Zoning Board of Appeals Public Hearing Page 2 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to allow a screen and window repair business to be conducted as a home occupation in the existing detached building, and finds that:  The granting of the variance would not be detrimental to the public good.  The divergence from the code to allow an accessory use home occupation in the existing detached building is nominal and inconsequential in the context of the neighborhood because the property is located in a commercial zone, commercial uses are adjacent to the property, and this is an existing building. Additionally the applicant’s proposed use of the building would be allowed in the zone as a principal use without a variance or modification. Since it would be allowed as a principal use in the building, allowing it instead as an accessory use home occupation would be a nominal, inconsequential divergence from the standard. RECOMMENDATION: Staff recommends approval of Appeal #2724 with the condition that the variance be valid only for this applicant and this specific business. Appeal 2725 Address 306 Cherry St Petitioner Manuel Martinez Zoning District NCB Section 4.9(D)(6)(b) Justification See petitioner's letter. PROJECT DESCRIPTION Request for Variance to Section 4.9(D)(6)(b) – front yard setback. The variance will reduce the required front yard setback from 15 feet to 10.4 feet in order to allow a new front porch to be constructed in place of the previously existing front porch. The new front porch will be 8 feet by 24.4 feet, and will extend approximately 2.5 feet closer to the front lot line than did the previous porch. RECOMMENDATION: Approval. STAFF COMMENTS: 1. Background: An addition to the rear of the home and an interior remodel of the existing structure are currently under construction. In conjunction with the interior remodel of the front portion of the existing home, the applicant would like to construct a porch with an 8 feet depth to allow more room for outdoor furniture than was provided by the previous 5.5 feet deep porch. The previous porch had a nonconforming front setback of 12.9 feet. The NCB zone requires a minimum 15 feet front yard setback, except that the Land Use Code allows an automatic January 10, 2013: Zoning Board of Appeals Public Hearing Page 3 setback reduction if what is proposed is no less than the existing setback of the buildings on abutting lots. The buildings on the directly abutting lots do meet the required 15 feet setback, so the automatic setback reduction exception doesn’t apply. However, the buildings on the 3 lots east of the lot abutting 306 Cherry St all have setbacks that are significantly less than the 15 feet minimum requirement. One is at a 4 feet 1 inch setback, another at a 5 feet 9 inch setback, and the other at a 0’ setback. 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 front yard setback from 15 feet to 10.4 feet in order to allow a new front porch to be constructed in place of the previously existing front porch, and finds that:  The granting of the variance would not be detrimental to the public good.  The divergence from the code to reduce the front setback is nominal and inconsequential in the context of the neighborhood because 3 of the 4 buildings on the lots east of the subject property have front setbacks that are considerably less than the 10 feet 4 inch front setback proposed for the subject property, and the buildings on the south side of Cherry St, across from the subject property, also have setbacks that are less than the 10 feet 4 inch proposed setback. RECOMMENDATION: Staff recommends approval of Appeal #2725. OTHER BUSINESS: Election of officers AGENDA Fort Collins Zoning Board of Appeals Regular Meeting – December 13, 2012 at 8:30 a.m. Council Chambers, City Hall West, 300 LaPorte Ave Appeal: 2724 218 W Willox Ln 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 AGENDA Fort Collins Zoning Board of Appeals Regular Meeting – December 13, 2012 at 8:30 a.m. Council Chambers, City Hall West, 300 LaPorte Ave Appeal: 2725 306 Cherry 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