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Home My WebLink About01/16/2014 - 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 - 970.224.6134 (fax) www.fcgov.com/development ZONING BOARD OF APPEALS City Council Chambers - 300 LaPorte Ave Thursday, January 16, 2014 - 8:30 a.m. SUMMARY AGENDA Roll Call Approval of the Minutes from the previous meeting Appeal: 2752 726 W Mountain Ave The variances will reduce the required minimum side yard setback along the east lot line from 5 feet to 2.7 feet and will allow the maximum eave height along the east lot line to be 12.5 feet instead of 10 feet. The variances are requested in order to allow a portion of the walls of the existing detached garage to be increased in height by 4 feet to accommodate a car lift. The existing building footprint will not be changed or modified. Code Sections: 4.7(E)(4) and 4.74.7(F)(b)(2) Petitioner: Everitt and Schilling Co. Zoning District: NCL Appeal: 2753 205 Parker St The variance will reduce the required street side setback along Remington Street from 30 feet to 15 feet in order to allow a 2-story addition to the west side of the existing home. (The existing house is 31.25 ft. from the lot line along Remington Street). Code Sections: 3.5.2(E)(1) Petitioner: Troy Jones Zoning District: LMN Other Business: Community 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, January 16, 2014 - 8:30 a.m. AGENDA Appeal 2752 Address 726 W. Mountain Ave. Petitioner Everitt and Schilling Company Owner Vince Marco and Naomi Loschen Zoning District NCL Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 4.7(E)(4) and 4.7(F)(2)(b)(2) The variances will reduce the minimum required side setback along the east lot line from 5 feet to 2.7 feet and will allow the maximum eave height along the east lot line to be 12.5 feet instead of 10 feet. The variances are requested in order to allow a portion of the walls of the existing detached garage to be increased in height by 4 feet to accommodate a car lift. The existing building footprint will not be changed or modified. STAFF RECOMMENDATION: Approval STAFF COMMENTS: 1. Background: The detached garage is an older, one-car garage, with an existing eave height of about 8 ½ feet. The lot has no alley frontage, resulting in the garage being accessed from a driveway coming off Mountain Avenue. 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 requests to reduce the side setback and increase the eave height, and finds that:  The granting of the variance for the addition would not be detrimental to the public good.  The hardship standard is satisfied due to the lack of alley access and the location of the existing one-car garage and its proximity to the house, making it infeasible to construct an addition to the west side of the building that would allow the conversion to a 2-car garage. All of the other lots on the block have alley access or an existing 2-car garage. This lot is therefore not able to provide the same amount of off-street parking as the adjacent properties in the neighborhood and the granting of the variance helps to level the playing field. January 16, 2014: Zoning Board of Appeals Public Hearing Page 2  The proposed 4 foot wall height increase is a creative way to convert the building to a 2-car garage without changing the building footprint, and the 12.5 foot eave height is nominal and inconsequential in the context of the neighborhood. RECOMMENDATION: Staff recommends approval of Appeal #2752. Appeal 2753 Address 205 Parker St. Petitioner Troy Jones Owner Hannah Kleinhans Zoning District LMN Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Section 3.5.2(E)(1) – street side setback along Remington St. The variance requested will reduce the required minimum street side setback along Remington St. from 30 feet to 15 feet in order to all a 2-story addition to the west side of the existing house. The existing house is 31.25 feet from the lot line along Remington St. STAFF RECOMMENDATION: Denial STAFF COMMENTS: 1. Background: Remington St. is classified as a 2-lane arterial street from Mulberry to Stuart. This LMN zoned property falls within that area, and a minimum 30 foot setback from the Remington St. ROW line is required for single-family dwellings, duplexes, and triplexes. The subject house is a ranch home, which represents the predominant style of this neighborhood south of Prospect Rd. 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 applicant’s proposal does not satisfy any of the three criteria for which a variance can be granted. The applicant has offered an argument that the proposed variance satisfies only the ‘equal to or better than’ standard, stating that the reduced setback would further the general purpose of the standard to promote variety, visual interest and pedestrian- oriented streets in a manner equally well or better than would a proposal which complies with the standard. However, staff believes that the ‘Purpose’ statement cited by the applicant is the purpose statement applicable to the intended cumulative effect of all of the standards contained in Section 3.5.2 of the code (i.e. housing model variety, orientation to a connecting walkway, lot widths, and garage door standards). It is not intended that the setback standard promote variety, visual interest and pedestrian-oriented streets. Other regulations in this Section promote those standards. For instance, the ‘Housing Model Variety’ standard in this section is intended to promote variety and the ‘Garage January 16, 2014: Zoning Board of Appeals Public Hearing Page 3 Door’ standards are intended to promote visual interest and pedestrian-oriented streets. The applicant is arguing that the proposed addition promotes the general purpose of the setback standard equally well or better than would a proposal which complies with the setback standard, yet he has not presented the Board with a proposal that does comply. Therefore there’s no opportunity for comparison. RECOMMENDATION: Staff recommends denial of Appeal #2753. OTHER BUSINESS: AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – January 16, 2014 at 8:30 a.m. Appeal: 2752 726 W Mountain Ave. Supporting documentation • Applicant’s application for variance • Applicant’s written statement • Architectural drawings and plot plan • Letters to Adjacent Property Owners (APO’s) • List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Community Development & Neighborhood Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 1/6/2013 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (2) the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: 4.7(E)(4) and 4.74.7(F)(b)(2) has been requested by: Everitt and Schilling Co. for described property: 726 W Mountain Ave zoning district: NCL The variances will reduce the required minimum side yard setback along the east lot line from 5 feet to 2.7 feet and will allow the maximum eave height along the east lot line to be 12.5 feet instead of 10 feet. The variances are requested in order to allow a portion of the walls of the existing detached garage to be increased in height by 4 feet to accommodate a car lift. The existing building footprint will not be changed or modified. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2752 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, January 16, 2014 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 MARCO VINCE E 726 W MOUNTAIN AVE FORT COLLINS, CO 80521 CATE ROBERT MORGAN/WYLIE H 116 N GRANT AVE FORT COLLINS, CO 805212565 BARETTA RONALD L 419 E STUART ST FORT COLLINS, CO 80525 ROBERTI STEPHEN R/JANE 730 W MOUNTAIN AVE FORT COLLINS, CO 80521-2506 THODE HENRY P JR 714 W MOUNTAIN AVE FORT COLLINS, CO 80521-2506 ACHTER JEFFREY DANIEL 723 W MOUNTAIN AVE FORT COLLINS, CO 80521-2505 DAVIS ROBERT L JR/LAURIE P 722 W MOUNTAIN AVE FORT COLLINS, CO 80521 HEDRICK DANIEL M 727 W MOUNTAIN AVE FORT COLLINS, CO 80521-2505 MYERS RANDOLPH PETER 120 N GRANT AVE FORT COLLINS, CO 80521 HOUSLEY ERLA JOAN 708 W MOUNTAIN AVE FORT COLLINS, CO 80521-2506 GASCOYNE JOHN P 718 W MOUNTAIN AVE FORT COLLINS, CO 80521-2506 MOUTON ANDRE 119 N LOOMIS AVE FORT COLLINS, CO 80521 JEKEL MARK A/THERESA G 112 N GRANT AVE FORT COLLINS, CO 80521-2565 VASKE JERRY J 731 W MOUNTAIN AVE FORT COLLINS, CO 80521-2505 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – January 16, 2014 at 8:30 a.m. Appeal: 2753 205 Parker 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 Community Development & Neighborhood Services Current Planning P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview 1/6/2014 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(E)(1) has been requested by: Troy Jones for described property: 205 Parker St zoning district; LMN The variance will reduce the required street side setback along Remington Street from 30 feet to 15 feet in order to allow a 2-story addition to the west side of the existing home. (The existing house is 31.25 ft. from the lot line along Remington Street). This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2753 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, January 16, 2014 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 WARNING NATHANIAL B 1640 REMINGTON ST FORT COLLINS, CO 80525 WAHL LAURA L 1709 MATHEWS ST FORT COLLINS, CO 80525‐1013 BEAL TRILBY B 215 PARKER ST FORT COLLINS, CO 80525 WILCOX KEVIN L 2207 SMALLWOOD DR FORT COLLINS, CO 80528 DEVINE MARY L 221 PARKER ST FORT COLLINS, CO 80525 KYW ENTERPRISES LLC 1001 E DOUGLAS RD FORT COLLINS, CO 80524‐1739 BJORNSEN ROBERT E 5216 S COUNTY ROAD 3F FORT COLLINS, CO 80528 LEHMAN PATRICIA A 200 FANN RD NOLENSVILLE, TN 37135 BOULTER KEVIN W 1636 REMINGTON ST FORT COLLINS, CO 80525‐1036 ODELL JEFFREY T/LEAH C 223 PARKER ST FORT COLLINS, CO 80525 KLEINHANS HANNAH 205 PARKER ST FORT COLLINS, CO 80525 BRINK THOMAS A/NANCY J 230 PARKER ST FORT COLLINS, CO 80525‐1018 FLORY COLIN 1704 REMINGTON ST FORT COLLINS, CO 80525 SMITH EDWARD J 208 PARKER ST FORT COLLINS, CO 80525 Appeal 2753 205 Parker St 01.16.14