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Home My WebLink About08/14/2014 - Zoning Board Of Appeals - Agenda - Regular MeetingZONING BOARD OF APPEALS AGENDA Michael Bello, Chair Council Liaison, Gino Campana Heidi Shuff, Vice Chair Staff Liaison, Noah Beals Daphne Bear Robert Long Location: John McCoy City Council Chambers Ralph Shields 300 LaPorte Avenue Butch Stockover Fort Collins, CO 80521 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING AUGUST 14, 2014 8:30 AM  CALL TO ORDER  ROLL CALL  CITIZEN PARTICIPATION (Items Not on the Agenda)  APPROVAL OF MINUTES FROM PREVIOUS MEETING  APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL #2770 Address: 1730 W Mountain Ave Petitioner: Carla Pasetti Owner: Joe Menetre and Carla Pasetti Zoning District: N-C-L Project Description: The variance will allow a new detached garage/living space building to be 796 square feet in size instead of the maximum allowed 600 square feet. The proposed building will be a one-story building, located in the rear portion of the lot. Zoning Board of Appeals Page 1 August 14, 2014 2. APPEAL #2771 Address: 637 Cowan Street Petitioner/Owner: Craig and Lori Schiffner Zoning District: N-C-M Project Description: The variance will increase the maximum allowed building floor arear from 2,407 square feet to 2,576 square feet (an extra 169 square feet) in order to allow an existing covered patio to be enclosed(screen enclosure).  OTHER BUSINESS  ADJOURNMENT Zoning Board of Appeals Page 2 August 14, 2014 Agenda Item 1 Item # 1 Page 1 STAFF REPORT August 14, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2770 PROJECT DESCRIPTION Address: 1730 W Mountain Ave Petitioner: Carla Pasetti Owner: Joe Menetre and Carla Pasetti Zoning District: N-C-L Project Description: The variance will allow a new detached garage/living space building to be 796 square feet in size instead of the maximum allowed 600 square feet. The proposed building will be a one-story building, located in the rear portion of the lot. RECOMMENDATION: Staff recommends approval of Appeal #2770 to allow an increase of 196 square feet over the maximum 600 square feet permitted per section 4.7(D)(5) of the Land Use Code. STAFF COMMENTS: 1. Background: The parcel in question is in the Frey Subdivision which is a residential subdivision that was approved in 1924. The Frey Subdivision included several size lots that are rectilinear with the exception of a handful that are triangular. Through the years these lots have been grouped or divided in to different parcels creating the property boundaries that exist today. This parcel is 13,140 square feet in size. The existing accessory building that is located at the rear of the property is 357 square feet and was originally constructed as a chicken coop with low ceiling heights. This chicken coop was altered by previous owners of the property into shop/living space. The existing detached garage is 264 square feet and was constructed to fit vehicles sizes of the past. The size of the existing garage is too small to accommodate the typical vehicle sizes of the present. Therefore, the existing garage is now used as a shed. In order to accommodate the parking of vehicles in a garage and retain 280 feet of living space, the applicant proposes to remove one of the existing accessory structures and construct a new building. 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 796 square feet, and finds that:  The granting of the variance would not be detrimental to the public good  The applicant’s parcel size of 13,140 square feet is unusually large for an old town property. Lots typically range from 5,000 to 9,500 square feet. The proposed 796 foot building represents 5.94% of the square footage of the subject property, whereas an allowed 600 square foot Agenda Item 1 Item # 1 Page 2 building on a 9,500 square foot lot represents coverage of 6.32% of the lot. Therefore, 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. 4. RECOMMENDATION: Staff recommends approval of Appeal #2770 Joe Menetre & Carla Pasetti 1730 W. Mountain Avenue Fort Collins, CO 80521 July 8, 2014 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Request for 1730 W. Mountain Avenue To Whom It May Concern: We are requesting a variance to the Fort Collins Land Use Code for the proposed construction of a new two-car garage with habitable space at the rear of our property at 1730 W. Mountain Avenue. The variance is to Section 4.7 (D)(4) of the Fort Collins Land Use Code, to allow for a 796 square foot accessory building with habitable space. We would like to construct a new structure to accommodate a 516 SF two car garage with alley access and 280 SF of living space accessible to the backyard. The existing garage adjacent to our home is only 264 SF and not large enough to pull a car into. It currently functions as a storage space for bicycles and outdoor gear and will remain as such. The existing 357 SF building at the rear of our property was originally a chicken coop, and was converted to a shop/living space before we purchased the property in 2005. Since it was originally constructed to function as a chicken coop, it’s less than ideal to serve as living space with its very low roof & sub-standard construction. We are proposing to remove this structure to allow for the new building to be constructed in that location. We believe the increase in square footage for the proposed accessory structure from 600 square feet to 796 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. Our lot is 13,140 square feet, which is significantly larger than the majority of old town lots. The proposed 796 square foot garage is only 5.94% 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. Additionally, 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. Or, based on our lot size, we could build a new single-family dwelling of up to 1,000 SF, including the 2-car garage, off the alley (the building footprint in that scenario would be limited to 600 SF, with the remainder of the area on an upper floor or basement). We are not interested in having a separate dwelling unit in the back of our property, and we would prefer to minimize the impact of multiple buildings (or a 1 ½ story structure) in our backyard as well as in the neighborhood and consolidate the functions into a single 1-story structure of just 796 square feet. This also allows the habitable space to open up directly to the backyard to make it more accessible & thus better utilized. Lastly, HAGEN GARY N 4310 PUMA ST CASPER, WY 82604 STEVENS JOSEPH E 1325 W MOUNTAIN AVE FORT COLLINS, CO 80521 SOLOMON KAREN L 1700 W MOUNTAIN AVE UNIT 5 FORT COLLINS, CO 80521 MENETRE JOSEPH F 1730 W MOUNTAIN AVE FORT COLLINS, CO 80521-2345 GROSS JACOB DUSTIN 1700 W MOUNTAIN AVE UNIT 9 FORT COLLINS, CO 80521 FISHER JACK L/JULIE ANN 1700 W MOUNTAIN AVE UNIT 8 FORT COLLINS, CO 80521 MOUNTAIN COURT 1621 WESTVIEW AVE FORT COLLINS, CO 80521 BOECHE SK FAMILY TRUST 2236 OAKRIDGE DR CARSON CITY, NV 89703 FULTS TIM S 1726-1/2 W MOUNTAIN AVE FORT COLLINS, CO 80521 ZIMMERMAN CRAIG SCHINDLER 4826 TOTONKA TRL LAPORTE, CO 80535 SCHULTZ PETER C 200 WALNUT ST FORT COLLINS, CO 80525 DE REZENDE MARLIS LANGENEGGER 1720 W MOUNTAIN AVE FORT COLLINS, CO 80521 WILKENS ERIC F 110 FREY AVE FORT COLLINS, CO 80521 LINN SOPHIA E/LOUIS C 114 FREY AVE FORT COLLINS, CO 80521-2332 SPRAKER TERRY R/DENISE J 2814 W LAKE ST FORT COLLINS, CO 80521 8.14.14 APPEAL 2770 1730 W Mountain Ave Agenda Item 2 Item # 2 Page 1 STAFF REPORT August 14, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2771 PROJECT DESCRIPTION Address: 637 Cowan Street Petitioner/Owner: Craig and Lori Schiffner Zoning District: N-C-M Project Description: The variance will increase the maximum allowed building floor arear from 2,407 square feet to 2,576 square feet (an extra 169 square feet) in order to allow an existing covered patio to be enclosed (screen enclosure). RECOMMENDATION: Staff recommends approval of Appeal #2771 to allow an increase of 169 square feet over the maximum 2,407 square feet permitted per section 4.8(D)(2)(a)2. of the Land Use Code. STAFF COMMENTS: 1. Background: On the rear portion of the existing building there is a covered porch. The Land Use Code calculation of allowable floor area does not include the square footage of a covered porch. The applicant proposes to screen-in the covered porch creating additional enclosed area that would be included in the Land Use Code calculation of allowable floor area. 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 allowable floor area of the lot from 2,407 to 2,576 square feet, and finds that:  The granting of the variance would not be detrimental to the public good.  The proposed increase in the allowable floor area in nominal and inconsequential, resulting in an additional 169 square feet of building. Additionally, staff believes that the nominal and roof and the addition of screened walls does not result in an increase impact of the building. 4. RECOMMENDATION: Staff recommends approval of Appeal# 2771 July 7 th , 2014 City of Fort Collins Zoning Department 281 North College Avenue Fort Collins, Colorado 80524 To Whom It May Concern ~ This letter is in reference to the home we are building at 637 Cowan Street in Old Town Fort Collins, and our desire to convert the current approved patio into a screened-in- porch, approximately 169 square foot. Outlined below addresses #1 & #3 within the Zoning Variance Review guidelines. #1 ~ Physical Conditions: Building lot is approximately 5,900 square feet and gives us little elbow room to expand outside of the current footprint as the current home is close the maximum allowable square footage per NCM zoning and adding the desired screened-in-porch does not add real square footage, only more usable space for the enjoyment of our home. One of the desires is to have a space that is both outdoors yet protected from mosquitoes, fly’s and other bugs, and especially of concern is to protect against West Nile as it has become more prevalent the past few years. We worked diligently with the architect to create a small home that met all City of Fort Collins building requirements and feel that to classify a screened-in-porch within the FAR requirements is not fair or good policy, but creates a hardship for the enjoyment of why we retired to this great city. #3 ~ Divergence from Standards: The request does not add any footprint to the house, only enhances the home being built and overall promotes more interaction with neighbors and therefore adds value to neighborhood. Please feel free to contact us directly with any questions or thoughts at 973-876-3946. Regards, Craig & Lori Schiffner Craig Schiffner Lori Schiffner SAUNDERS DAVID S 722 E LAUREL ST FORT COLLINS, CO 80524 DANIEL RYPMA 618 COWAN ST FORT COLLINS, CO 80524 08.14.14 APPEAL 2771 637 COWAN ST GRIFFIN KENDRA L 616 COWAN ST FORT COLLINS, CO 80524 SCHRAM BARRY M PO BOX 270887 FORT COLLINS, CO 80527 SCHIFFNER CRAIG A/DOLORES 1212 RAINTREE DR UNIT G136 FORT COLLINS, CO 80526 RUBLE TRICIA M/JOHN W 3404 SHORE RD FORT COLLINS, CO 80524 HENDRICK JASMUN MARIE 628 COWAN ST FORT COLLINS, CO 80524 NORRIS KATHRYN A 624 STOVER ST FORT COLLINS, CO 80524 GEORG DENNIS D/GERI G 3224 SILVERWOOD DR FORT COLLINS, CO 80525 LATIN AMERICAN COUNCIL OF OF CHRISTIAN CHURCHES PO BOX 1205 BROWNSVILLE, TX 78522 DARBIE CAROLYN G 3201 LOCHWOOD DR FORT COLLINS, CO 80525 HINDE DEBORAH F/TIMMY L 2575 TUPELO DR LOVELAND, CO 80538 WILSON ALICE M 1731 WATERFORD LN FORT COLLINS, CO 80525 OLANDER KENT R/BRENDA R 646 STOVER ST FORT COLLINS, CO 80524 SPAULDING TAMI K/RICHARD D PO BOX 100 PIERCE, CO 80650 TARANOW RICHARD 2731 GRANADA HILLS DR FORT COLLINS, CO 80525 PICKETT JASON 2824 39TH AVE GREELEY, CO 80634