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Home My WebLink About12/12/2013 - 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 - 970.224.6134 (fax) www.fcgov.com/development ZONING BOARD OF APPEALS City Council Chambers - 300 LaPorte Ave Thursday, December 12, 2013 - 8:30 a.m. SUMMARY AGENDA Roll Call Approval of the Minutes from the previous meeting Appeal: 2751 3032 Denver Dr. The variance will reduce the minimum required street side setback from 15 feet to 10 feet along Des Moines Drive to allow a new house to be constructed on this corner lot. Code Sections: 3.5.2(E)(2) Petitioner: Journey Homes Zoning District LMN Other Business: FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting – October 3, 2013 8:30 a.m. Council Liaison: Gino Campana Staff Liaison: Peter Barnes (416-2355) Chairperson: Michael Bello A regular meeting of the Zoning Board of Appeals was held on Thursday, October 3, 2013 at 8:30 a.m. in the Council Chambers at 300 LaPorte Ave., Fort Collins, Colorado. BOARD MEMBERS PRESENT: Daphne Bear Michael Bello Bob Long Dana McBride John McCoy Heidi Shuff Absent: None STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Marcha Hill, Staff Support to the Board Paul Eckman, Deputy City Attorney 1. ROLL CALL The meeting was called to order and roll call was taken. 2. APPROVAL OF SEPTEMBER 12, 2013 MINUTES Vote: Yeas: McCoy, Bear, Shuff, Bello, McBride Nays: Abstain: Long 3. APPEAL NO. 2750 – Approved Address 619 Whedbee St. Petitioner Steve Boxwell Zoning District NCM Code Section 4.8(D)(3) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 4.8(D)(3) - rear floor area ratio The variance requested will increase the allowed floor area ratio in the rear half of the lot from .33 to .4. The variance is requested in order to allow the construction of a new, 394 square foot one- story, one car garage/laundry room addition at the northwest corner of the house. The total floor area of the house with the addition will comply with the allowed overall lot area to floor area ratio and will comply with all applicable setback standards. STAFF PRESENTATION: Barnes stated he did not receive any letters or phone calls regarding this appeal. He showed slides relevant to the application and noted the lot does not go all the way back to the alley and ZBA – October 3, 2013 - Page 2 therefore does not have alley access. Additionally, this lot is 95 feet in depth in comparison to most other lots in the area, which are 190 feet deep. Barnes stated the addition could be moved forward in order to come into compliance; however, that would cover a window and require the relocation of mechanical components and a cellar door. Bello asked if the proposal is for an oversized one car garage. Barnes replied in the affirmative noting a laundry room will also be part of the new structure. Long asked if a curb cut exists. Barnes replied in the negative but noted a street curb cut is allowed because there is no alley access. APPLICANT PARTICIPATION: Steve Boxwell, 619 Whedbee St., stated the problem with complying with the rear lot square footage is that the cellar door to mechanical components would be inaccessible. He showed the Board a model of the proposed addition and noted the proposal has been approved by the Historic Preservation Board, though it is not on the Historic Registry. Mr. Boxwell discussed the proposed materials for the addition and stated his neighbors have no objections. Long asked if only on-street parking currently exists. Mr. Boxwell replied in the affirmative and noted his cellar is the only place for storage. Nancy Boxwell, 619 Whedbee St., stated the garage would be extremely prominent if constructed to Code and stated the proposal would be much more aesthetically pleasing. AUDIENCE PARTICIPATION: None BOARD DISCUSSION: Bear stated the appeal easily meets the hardship requirement. Shuff agreed and stated the model provided a good explanation. Bear made a motion, seconded by Shuff, to approve Appeal No. 2750 for the following reasons: the granting of the variance would not be detrimental to the public good and there are exceptional physical conditions: size and depth of the lot and the location of the existing house. Vote: Yeas: McCoy, Bear, Shuff, Bello, McBride, Long Nays: Abstain: OTHER BUSINESS McBride asked if there are Code requirements which preclude someone from subdividing a 10,000 square foot lot and constructing a house on the alley. Barnes replied the Code does not allow lot subdividing; however, the lots could be under the same ownership or made as a condominium. ZBA – October 3, 2013 - Page 3 McBride asked if staff has seen a steady stream of additions and remodels in the Old Town area. Barnes replied in the affirmative. McBride asked about the status of the East Side/West Side regulations. Barnes replied the regulations are in effect and noted none of the types of additions requiring expanded notification have been submitted. Barnes stated there are no applications for the November meeting at this point. He noted Peter Bohling has resigned from the Board but the vacancy will likely not be filled until January. Barnes discussed the November Boards and Commissions appreciation dinner. McCoy asked about the notification area for affected property owners. Barnes replied the 500 foot radius is triggered by the construction of a new 2-story house adjacent to a single-story house, or a second floor addition over a certain size that is adjacent to a lot with a single-story house. This particular application has a 150 foot notification radius. Additionally, there is no notification requirement for additions not requiring appeals. The meeting adjourned at 8:54 am Michael Bello, Chairperson Peter Barnes, Zoning Administrator 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, December 12, 2013 - 8:30 a.m. AGENDA Appeal 2751 Address 3032 Denver Dr. Petitioner Journey Homes Zoning District LMN Code Section 3.5.2(E)(2) Justification See petitioner's letter PROJECT DESCRIPTION: Request for Variance to Sections 3.5.2(E)(2) – street side setback The variance will reduce the minimum required street side setback from 15 feet to 10 feet along Des Moines Dr. The variance is requested in order to allow the construction of a new house on this 45 foot wide corner lot. RECOMMENDATION: Approval with condition STAFF COMMENTS: 1. Background: This lot is located in the Rigden Farm Filing 6 development. The development was approved in 2004, and building lots have recently been sold off to a number of builders. Journey Homes purchased some of the lots, including the one which is the subject of this variance request. This corner lot was platted with a width of only 45 feet wide. 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 street side setback along Des Moines Dr. to 10 feet, and finds that:  The granting of the variance for the addition would not be detrimental to the public good, and • The hardship standard is satisfied due to the narrow 45 foot lot width for a corner lot. This lot is one of 32 contiguous narrow lots. All but this one are interior lots, and all of the interior lots are platted at a 40 foot width to accommodate a 30 foot wide house. This lot is the only corner lot and it is 5 feet wider than the other lots, but because of the 15 foot street side setback requirement, it can only accommodate a 25 foot wide house. A house designed to fit on this lot without the need for a variance would be out of character with the other houses in Rigden Farm. December 12, 2013: Zoning Board of Appeals Public Hearing Page 2 • The proposed house for this lot is a two-story house with a one-story high wall on the building side facing Des Moines Dr. This architectural detail helps to mitigate the reduced setback RECOMMENDATION: Staff recommends approval of Appeal #2751, with the condition that the house be constructed on this lot with the one-story high wall facing Des Moines Dr. OTHER BUSINESS: AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – December 12, 2013 at 8:30 a.m. Appeal: 2751 3032 Denver Dr. Supporting documentation • Applicant’s application for variance • Applicant’s written statement • Architectural drawings and plot plan • Letters to Adjacent Property Owners (APO’s) • List of names and mailing addresses of adjacent property owners within 150 feet of variance request address