Loading...
HomeMy WebLinkAbout06/11/2015 - Zoning Board Of Appeals - Agenda - Regular MeetingMichael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover Council Liaison: Bob Overbeck Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue 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 JUNE 11, 2015 8:30 AM  CALL TO ORDER and 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 #150015 (2806) Address: 965 Bungalow Court Petitioner/Owner: Jeff Schneider Zoning District: N-C-L Code Section: 4.7(D)(3) Project Description: At the May 14th, 2015 Zoning Board of Appeals (ZBA) public hearing, this variance request was tabled to the June ZBA hearing. In preparation for the June hearing, the variance request has been amended. The existing structure exceeds the rear 50% of the allowable floor area by 25.75 sq. ft. The variance request would allow an additional 229 sq. ft. of allowable floor area in the rear 50% of the lot for a new 1 car garage. Included in the request is a variance to allow the garage to be placed at the same setback from the street as the primary structure. A garage is required to be setback an additional 10 ft. from the front portion of the primary structure. 2. APPEAL #150023 (2814) Address: 256 Linden Street Petitioner/Owner: Brandon Silar, LARK Design/Build Zoning District: D-Old City Center Code Section: 3.8.7(I), 3.8.7(H) ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 June 11, 2015 Project Description: At the May 14th, 2015 Zoning Board of Appeals (ZBA) public hearing, this variance request was tabled to the June ZBA hearing. In preparation for the June hearing, the variance request has been amended. The request requires the following three variances: 1.) Allow a projecting sign to be 10.16 ft. in height; the maximum height is 7 ft. 2.) Allow a projecting sign to have 21 sq. ft. of sign area per face; the maximum area per face is 12 sq. ft. 3.) Allow the flush wall sign to extend an additional 6 in. from the allowed 12 in. from the building face. 3. APPEAL #150027 Address: 1921 Sheely Drive Petitioner/Owners: Al and Gloria Boersch Zoning District: R-L Code Section: 3.8.16(E)(3)(c) Project Description: The variance is to reduce the recess period from 2 months to 0 months, required for renewing a Host Family Permit. 4. APPEAL #150024 Address: 330 Smith Street Petitioner/Owner Paul and Beverly Wehr Zoning District: N-C-M Code Section: 4.8(E)(3) Project Description: The variance request will allow an addition to match the existing dwelling 4 ft. encroachment into the required 15 ft. corner side-yard setback. 5. APPEAL #150025 Address: 1212 E. Vine Drive Petitioner/Owner: Sterling Crane, LLC Zoning District: T Code Section: 4.12(B)(1)(b) Project Description: The variance will allow the existing office/maintenance shop building to be enlarged by 1,000 sq. ft. and will allow the existing building height to be increased by approximately 8 ft. The 1,000 sq. ft. addition will be new office space. The property is in the T zone, which requires that a variance be obtained for any proposed new construction. The tenant and use of the property will not change. 6. APPEAL #150026 Address: 201 S. Grant Avenue and 807 W. Oak Street Petitioner/Owners: Eric Odell Zoning District: N-C-L Code Section: 4.7(D)(1), 4.7(E)(3), 4.7(E)(4) Project Description: The request is to move a property line that divides an existing garage. Moving the property line would place the entire garage on to one parcel. This request would require the following three variances: 1.) Allow the existing garage to encroach 13 ft. into the required 15 ft. rear-yard setback. 2.) Allow the existing garage to encroach 3 ft. into the required 5 ft. sideyard setback. 3.) Allow the lot size at 807 W. Oak Street to be reduced to 5,671 sq. ft.; 329 square feet less than the required minimum 6,000 sq. ft. lot size. Zoning Board of Appeals Page 3 June 11, 2015 7. APPEAL #150028 Address: 251 Boardwalk Drive Petitioner/Owner: Maguire Properties, LLC Zoning District: E Code Section: 3.8.7(E)(8) Project Description: The variance request is to allow a sign logo height to increase an additional 2.25 in. from the allowed 24 in. maximum height. 8. APPEAL #150029 Address: 517 Edwards Street Petitioners/Owners: Douglas Bennett Zoning District: N-C-M Code Section: 4.8(E)(3) Project Description: The variance will allow a 132 sq. ft. addition to match the 2 ft. encroachment into the required 5 ft. rear-yard setback of the existing garage. 9. APPEAL #150030 Address: 612 E. Pitkin Street Petitioner/Owner: Pat McGaughran Zoning District: N-C-L Code Section: 4.7(F)(5) Project Description: The variance request will allow a new home to be built with an attached garage that will be accessed from an existing street curb-cut instead of the adjoining alley.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2806 PROJECT DESCRIPTION Address: 965 Bungalow Court Petitioner: Jeff Schneider Owner: Louis & Barbara Sunderland Zoning District: N-C-L Code Section: 4.7(D)(3), 4.7(F)(1)(c) Variance Request: At the May 14th, 2015 Zoning Board of Appeals (ZBA) public hearing, this variance request was tabled to the June ZBA hearing. In preparation for the June hearing, the variance request has been amended. The existing structure exceeds the rear 50% of the allowable floor area by 25.75 square feet. The variance request would allow an additional 229 square feet of allowable floor area in the 50% of the lot for a new 1 car garage. Included in the request is a variance to allow the garage to be placed at the same setback from the street, as the primary structure. A garage is required to be setback an additional 10 feet from the front portion of the primary structure. RECOMMENDATION: Staff recommends approval of the variance request to allow an additional 229 square feet above the existing condition of allowable floor area in the rear 50% of the lot and the garage to be placed at the same distance of the primary structure. STAFF COMMENTS: 1. Background: The property is a corner lot and Bungalow Court is on both the north and west side of the property. Therefore, the front of the property was determined by which way the front door faces. If the property was divided in half by the other direction, the variance request would be limited to an additional 56 square feet. In 2009 the Zoning Board of Appeals granted a variance request to the property; also for an increase of allowable floor area in the rear 50% of the lot. The building, that the request was made for, was never constructed; therefore the variance approval has expired. The typical lot of the N-C-L zone district has a depth of 140-190 feet. The property faces the rear lots of neighboring properties. Along Bungalow Court, two other properties have garages closer to the street than the house. 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 allow an additional 229 square feet above the existing condition of allowable floor area in the rear half and the garage to be placed at the same distance as the primary structure and finds that: Agenda Item 1 Item # 1 - Page 2 • The variances are not detrimental to the public good. • The lot depth is 66 feet, far shorter than the typical lot depth in the N-C-L zone district. • The property faces the rear lot and accessory buildings of neighboring properties. • Garage locations vary in the block, with some closer to the street. • Setting the garage further back to meet the standard creates other noncompliant issues. Therefore, the variance request may be granted due to a hardship of the lot not caused by the applicant and a strict application of the code results in a practical difficulty upon the applicant. 4. Recommendation: Staff recommends approval of APPEAL # 2806. (ZBA150015) t1AfOl l>dlTM) ~ lfOOlll ~ OVM :>O" FS..P ~· ote lteA'"'64 ~~~ •l'·o ... ~WC:>T& ... __ HO....,_'llON NO OYfl'. DOA.RO c:a.Hli 'fYP'CAL 60t•fT1 111t1'-~ "'AMINO •- ".0.C:IA 24" l'HATe.O.C i ex1&rll«>IJ MA.1C64 l)Cl.11N«) t0F"1" MAtEftlAl- • vfNT Jll'ER COPE fflltAflO 6lU. r'"i..ATS ON,.,~ 6U °'49'1(1!'.l, Vf'Ol4. ~&Ol.T ~~N..-OJll'LAN& DETACl4ED GARAGE ---- --'--'TYPICAL b:4 EXTE'.Fll(;JR UMU.. 61UCCO VDe:R OR .ANcA.E ~IL LAP &!O!NGo, MArCH ca~ V '4' OS.a &MEATWING- lit4 e.TI.b6. it>' Q ,Q . NO IN&l.ILAT-~ MOOlll:'T'WALL ~----~ ~~~~ ~hc>~~~~im~~~fi&~ia:srl'!R:"!'l'l!uii!fBii'l.~'.t--~~- ·· ~ID~ -"JIOflt °'1'fOATIOH -AU. .•nu:.111.:'NIUI..t.t.L - . ll"rC6.. ... .• .... . BUILDING SECTION ·~ -. ·. I [' -- - - : - - -- = = = = = = : '] - ·1UCOO- Y9<1'f)O -· '<,-·- -·- r' . .· o • • I • ' • 0 • • • ' o • • • I 0 • , , I - .f _J J l'-0' ,....,._ ... ,. . I '] LEFT 61DE ELEVATION RIGl-JT SIDE ELEVATION NORTl-1 50UTl-I 8CALE1 114" • 1'-0" 1 ~~--.-.-.~ . -.~.14'--.-.o• ~.-.. -.~~. -. -. -.-. ~ .. l " ·, UNEXCA VATED ·, .... . ~'-3" RO. 12'-4~' 14'-0" FOUNDATION FLAN Agenda Item 2 Item # 2 - Page 1 STAFF REPORT June 11, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2814 (ZBA150023) PROJECT DESCRIPTION Address: 256 Linden Street Petitioner: Brandon Silar Owner: Creative Properties Zoning District: D - Old City Center Code Section: 3.8.7(I), 3.8.7(H) Variance Request: The request is to install two signs. This request would require the following 3 variances: 1) Allow a projecting sign over the public sidewalk with 21 sf per sign face; the maximum size per face is 12 sf. 2) Allow the sign at 10’2” in height; the maximum height is 7’. 3) Allow the flush wall sign to extend 6” more than the allowed 12” from the face of the building. RECOMMENDATION: Staff recommends denying the following variance requests: • Allow a projecting sign over the public sidewalk; 21 sf per sign face. • Allow the sign to be 10’2” in height. Further staff recommends approving the variance request to allow the flush-wall sign to extend 6” more than the allowed 12” from the face of the building. STAFF COMMENTS: 1. Background: The sign code section contains many regulations for the size, height and location of flush-wall and projecting signs. The regulations were put in place for many reasons such as but not limited to safety; over use of signs; and to preserve aesthetic appeal of property viewed from the public right of way. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends denying the following variance requests: • Allow a projecting sign over the public sidewalk 21 sf per sign face. • Allow the sign to be 10’2” in height. Staff finds that the above requests do not identify sufficient reason to base an approval of the request. Further staff recommends approving the variance request to allow the flush-wall sign to extend 6” more than the allowed 12” from the face of the building and finds that: Agenda Item 2 Item # 2 - Page 2 • The variance request is not detrimental to the public good. • The additional 6” is not the entire length of the sign. • The variance is for a corner of the building making it difficult to see the entire sign at a single point of view. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of 1 of 3 variance requests of APPEAL # 2814 (ZBA150023). DESIGN/LARK BUILD May 28, 2015 VARIANCE REQUEST LETTER for 254/256 LINDEN-CORNER SIGN Hello Zoning Board of Appeals, Lark Design/Build LLC 607 E 5111 Street Loveland, CO 80537 970.682.5110 We are writing to request a variance to the signage code in preparation for a Change of Occupancy (COO) and Tenant Finish (TF) submittal at 254/256 Linden Street, currently approved under permit number 81412618. The Downtown Artery is going through an exciting transition! The entire downstairs of the current 252/254/256 Linden Building is being remodeled to support a cafe and toast bar, a recording studio and practice space for local musicians, and a 225-person live music venue. Work is underway on this 7,000 sqft change-of-occupancy and tenant finish project, and is expected to wrap up by the summer months. To identify the cluster of businesses both at sidewalk level and above - and to bring exterior interest to an otherwise non-descript building - the approximately twenty businesses located in the Artery building are proposing to add signage to the various faces of the building to highlight their ecosystem of artists, musicians, support businesses, and shared resources. Instead of individual signs identifying each of the twenty businesses, the Artery folks want to put forward a consolidated brand around the building name (aka: ''The Downtown Artery"), with a modest cluster of smaller way-finding and support signage, such as poster cabinets to display art, band posters, or event announcements. Due to the vintage of the Linden street fa~ade and an overall drive to keep consistent with the authentic feel of the architectural inventory in downtown Fort Collins, the businesses are proposing a vintage concept - a deco- inspired marquee with corner-flag signage. Both the form and technology have drawn heavily from research into vintage signs from the beginning of the 20th century. The proposed Artery sign would be a Flush Wall cabinet marquee with vintage extruded letters (clip-in). The marquee would wrap the corner of the building in the location of the original signage used in the middle of the last century. Above the marquee, mounted to a gloss-painted metal panel, the "Artery" Flag Sign be constructed from individually riveted, gloss-painted, boxed letters made from sheet metal. Additional address-specific signage on the Linden facade would remain consistent with the marquee/flag in color, material and height from ground, but would be purely diminutive in stature with their purpose being for door identification. We are also asking approval for sidewalk-level poster cabinets which consist of shallow, lit, lockable glass display cabinets to house rotating artwork or event advertising. The keystone of the signage concept is a large corner sign to highlight the heart of the building's draw to the public: the live music venue. An intended secondary goal of this sign is also to highlight Linden as a major downtown circulation element from the Jefferson route, and to draw passing traffic out either direction on Linden to patronize our growing end of downtown. While the signage concept is significantly smaller than the signage area allowance for this building, the marquee and flag signs do exceed a few of the massing constraints outlined in the sign code, including the following: 1 _VARIANCE REQUEST LETIER for 254/256 LINDEN CORNER SIGN (05-28-15) www.larkdesignbuild.com DESIGN/LARK BUILD 1. PROJECTING SIGNAGE Code Reference: 3.8.7 SIGNS; (H) Projecting Signs Lark Design/Build LLC 607 E 5111 Street Loveland, CO 80537 970.682.5110 (2) No sign may project over a public right-of-way in any zone district, except that signs eight (8) feet or more above grade may project up to forty-eight (48) inches from the face of the building if the total area for such signs is the lesser of one (1) square foot of sign for each linear foot of building or twelve (12) square feet per face. Interpretation: Projection of 48" maximum - Conforming; Min 8' Height from Ground - Conforming; Max. 12 sqft of area/side - Non-Conforming Calculations: Each side of the flag sign shown to the right is approximately 2'19" >e 16'5" • 46.5 SE!ft 2'0" x 10'2" = 21 sqft Variance Logic and Request: Due to various considerations, including ... • Historically accurate form and size for this building, in an historic district • The sign's location on the corner Jefferson (Hwy 14), and Linden Street, as a means to signal the importance of Linden as a primary commercial street in the downtown district. • The sign's 45 degree angle to the either right-of-way (50% aspect) to avoid occluding adjacent signage, and to minimize duplicative signage on either facade. • The adjacency to faster-moving traffic on Jefferson Street requiring larger signage to communicate a business's presence to motorists in the shortest (safest) amount of time . •.• we ask for the maximum area requirements for this projecting sign to be modified at this location to allow the signage shown in this document. 2 _VARIANCE REQUEST LETIER for 254/256 LINDEN CORNER SIGN (05-28-15) www.larkdesignbuild.com DESIGN/LARK BUILD 2. FLUSH WALL SIGNAGE Code Reference: 3.8.7 SIGNS; (I} Flush Wall Signs Lark Design/Build LLC 607 E 5111 Street Loveland, CO 80537 970.682.5110 No flush wall or individual letter sign shall exceed seven (7) feet in height. Flush wall and individual letter signs may not project more than twelve (12) inches horizontally from the face of the building on which they are erected. Flush wall and individual letter signs that are mounted on mansards or similar architectural features may not project more than twelve (12) inches horizontally, measured at the bottom of the sign, from the surface to which they are mounted Interpretation: Max. Height of 7' - Conforming; Max. Projection of 12" - Non-Conforming Calculations: Depth of marquee cabinet at its thickest point (radiused corner) is designed at 18". Variance Logic and Request: Due to various considerations, including ... • Historically accurate form and size for this building, in an historic district • An aesthetic goal to "force the perspective" by making the cabinet slowly thicken as it gets closer to the corner; in addition to, • The functional requirement to start the sign from a thickness of 8", in order to diffuse the internal light source. • An aesthetic goal to indicate a visual "base" to the projecting sign . ... we ask for the maximum projection requirements for this flush wall sign to be modified at this location to allow the signage as shown in this document. Thanks for your consideration, and we hope to present this concept to you, soon! Brandon Silar LARK Design/Build LLC 607 E 5th Street Loveland, CO 80537 brandon@larkdesignbuild.com 970.682.5110 3 _VARIANCE REQUEST LETIER for 254/256 LINDEN CORNER SIGN (05-28-15) www.larkdesignbuild.com LARK DESIGN/BUILD www.larkdesignbuild.com ph: 970.682.5110 607 E 5th Street Loveland, CO 80537 Properties Creations 252 Linden Avenue Fort Collins, CO 80524 attn: Kent Bradley ph: (970) 581-2607 254/256 LINDEN FACADE IMPROVEMENT - Corner Signage Concept May 28, 2015 Lighted Cabinet Marquee (frosted acrylic) Lighted Flourish (both facades) Extruded Clip-in Le�ers (black acrylic; movable) Individual Le�ers (lighted hollow aluminum; w/ red 2-stripe LED “neon”) Aluminum Cabinet (box aluminum; w/ 3-stripe LED “neon” accents at edge, and near top) LARK DESIGN/BUILD www.larkdesignbuild.com ph: 970.682.5110 607 E 5th Street Loveland, CO 80537 Properties Creations 252 Linden Avenue Fort Collins, CO 80524 attn: Kent Bradley ph: (970) 581-2607 254/256 LINDEN FACADE IMPROVEMENT - Corner Sign Variance Description May 28, 2015 PROJECTING SIGNAGE Code Reference: 3.8.7 SIGNS; (H) Projec�ng Signs (2) No sign may project over a public right-of-way in any zone district, except that signs eight (8) feet or more above grade may project up to forty-eight (48) inches from the face of the building if the total area for such signs is the lesser of one (1) square foot of sign for each linear foot of building or twelve (12) square feet per face. Interpreta�on: Projec�on of 48” maximum - Conforming; Min 8’ Height from Ground - Conforming; Max. 12 sq� of area/side - Non-Conforming Calcula�ons: Each side of the flag sign shown to the right is approximately 2’0” x 10’2” = 21 sq� Variance Logic and Request: Due to various considera�ons, including... - Historically accurate form and size for this building, in an historic district - The sign’s loca�on on the corner Jefferson (Hwy 14), and Linden Street, as a means to signal the importance of Linden as a primary commercial street in the downtown district. - The sign’s 45 degree angle to the either right-of-way (50% aspect) to avoid occluding adjacent signage, and to minimize duplica�ve signage on either facade. - The adjacency to faster-moving traffic on Jefferson Street requiring larger signage to communicate a business’s presence to motorists in the shortest (safest) amount of �me. ... we ask for the maximum area requirements for this projec�ng sign to be modified at this loca�on to allow the signage shown in this document. FLUSH WALL SIGNAGE Code Reference: 3.8.7 SIGNS; (I) Flush Wall Signs No flush wall or individual le�er sign shall exceed seven (7) feet in height. Flush wall and individual le�er signs may not project more than twelve (12) inches horizontally from the face of the building on which they are erected. Flush wall and individual le�er signs that are mounted on mansards or similar architectural features may not project more than twelve (12) inches horizontally, measured at the bo�om of the sign, from the surface to which they are mounted Interpreta�on: Max. Height of 7‘ - Conforming; Max. Projec�on of 12“ - Non-Conforming Calcula�ons: Depth of marquee cabinet at its thickest point (radiused corner) is designed at 18”. Variance Logic and Request: Due to various considera�ons, including... - Historically accurate form and size for this building, in an historic district - An aesthe�c goal to “force the perspec�ve” by making the cabinet slowly thicken as it gets closer to the corner; in addi�on to, - The func�onal requirement to start the sign from a thickness of 8”, in order to diffuse the internal light source. - An aesthe�c goal to indicate a visual “base” to the projec�ng sign. ... we ask for the maximum projec�on requirements for this flush wall sign to be modified at this loca�on to allow the signage as shown in this document. 1’ 5” 2’ 9” 10’ 2” 8’ z € 0 -g ll. e DDDDDDDDD ~ ti w 0:t; :: z w Q z :i (E) Water main; _/' approx. location D D Marquee and Flag Sign Location (per Variance SUbmittal dated 4/14/15) m m CORNER RETAIL 256 Linden illiilll JEFFERSON STREET ROW (E) 314' water ~ service line (active) .,,- (E) 314" water ' servioe line Onactive) SUNSET EVENT CENTER (former) Property Bo (E) Foolplin _-:;_-:_~- '.../ ~~=:,trench -. --, '\. ' (N) Sewer line (E) Sewer fine 'I I (active; mterior and I , I extenor to be I • abandoned to the I I I tie-I" UON· see • I plu '1ngp~) I I I I I I I I I I I I I I (N) Electri excavation (N) Eledrlc;al (see Elec. P , -------11 ' I I 0 r;OJJ L[, Site and Utility Ys"Plan =1' r:~ 1 i\ DESIGN/LARK BUILD www.larkdesignbuild.com 970.682.5110 821 E Mulberry Street Fort Collins. CO 80524 Site and Utility Plan Drawn By: BS Reviewed: Agenda Item 3 Item # 3 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150027 PROJECT DESCRIPTION Address: 1921 Sheely Drive Petitioner/Owner: Al and Gloria Boersch Zoning District: R-L Code Section: 3.8.16(E)(3)(c) Variance Request: The variance is to reduce the recess period from 2 months to 0 months, which is required for renewing a Host Family Permit. RECOMMENDATION: Staff recommends approval of the variance request to reduce the recess period from 2 months to 0 months, which is required for renewing a Host Family Permit. STAFF COMMENTS: 1. Background: In an effort to help mitigate the impacts of student housing, and other issues, the City adopted occupancy limits in the Land Use Code. These standards are applied through all zone districts. Later, it was felt that there were some conditions that would be acceptable to allow for more occupants then the standard “U plus 2” rule. This is when the Host Family permit was introduced. A family residing in a single family dwelling could allow 1 other non-related adult to reside in the home without a permit. The Host Family Permit allows a family residing in a single family dwelling to provide rooming for 2 non-related adults. This permit is issued for a period of 10 months and cannot be renewed until 2 months after the previous permit expired. The time limit of 10 months and a 2 month recess period was also intended to limit the impacts of student housing. 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 recess period from 2months to 0 months and finds that: • The variance is not detrimental to the public good. • The request is for two couples to live together with no dependents. • The request is to accommodate the ability for 1 couple to provide assistance to an older couple. • The request is to allow 4 adults who are older than the typical college age student to live together. • The property has enough off-street parking area for the vehicles owned by the residents and not all the residents are able to drive. Agenda Item 3 Item # 3 - Page 2 Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150027. Fort Collins, CO Land Use DIVISION 3.8 - SUPPLEMENTARY REGULATIONS Sections: 3.8.16 - Occupancy Limits; Increasing the Number of Persons Allowed Page 1 of 19 (A) Except as provided in Subsection (8) below, or pursuant to a certificate of occupancy issued by the city to the owner of the property, the maximum occupancy allowed per dwelling unit in a single-family, two-family or multi-family dwelling shall be either: (1) one (1) family as defined in 5ection 5.1.2 and not more than one (1) additional person; or (2) two (2) adults and their dependents, if any, and not more than one {1) additional person. (8) Exceptions. The following shall be exempt from the maximum occupancy limit established in Subsection {A) above: (1) dwellings regularly inspected or licensed by the state or federal government, including. but not limited to, group homes; and (2) dwellings owned or operated by a nonprofit organization incorporated under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in Section 18-6-800.03, C.R.S. (() A violation of this Section shall be proven by a preponderance of the evidence. A person shall be liable for allowing occupancy in excess of this Section if he or she knew, or through reasonable diligence should have known, that a violation of this Section was occurring. (D) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them below: (1) Adult shall mean any person eighteen (18) years of age or older who is not a dependent. (2) Dependent shall mean the biological child of an adult occupying a dwelling unit, or a person related to an adult by reason of adoption, guardianship or other duly authorized custodial relationship, who receives financial support from the adult and who resides with the adult in the dwelling unit at least three (3) calendar months in a calendar year. (3) Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any of the following capacities: (a) as an owner of the unit; (b) as a tenant under an express or implied lease or sublease of the unit or of any portion thereof; or (c) as a guest or invitee of the owner, property manager, lessee or subfessee of the unit, if such guest or invitee stays overnight at the unit for a total of thirty (30} or more days within any twelve-month period of time. (E) Increasing the Occupancy Limit. (1) With respect to single-family and two-family dwellings, the number of persons allowed under this Section may be increased by the issuance of a certificate of occupancy for use as an extra occupancy rental house in zones allowing such use. (2) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling units. The decision maker shall not increase said number unless satisfied that the applicant has provided sufficient additional amenities, either public or private, to sustain the activities associated with multi-family residential development, to adequately serve the occupants of the development and to protect the adjacent neighborhood. Such amenities may include, without limitation, passive open space, buffer yards, on-site management, recreational areas, plazas, courtyards, outdoor cafes, limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle services or other facilities and services. (3) With respect to single-family, owner occupied dwellings, the number of persons allowed under paragraph...l.lli(A) (1) may be increased to allow one (1) additional person by the issuance of a "host family permit," provided that the following conditions are met: (a) Adequate off-street parking is available to accommodate the additional occupant; (b) There have been no violations of Chapter 17 or 20 of the City Code or Section 3.18. 16 of this Code at the premises for which the permit is sought within the twelve (12) months immediately preceding the date of the application for the permit; and @ At lea.st two (2) months have elapsed since the issuance of any previous host family permit for the same premises. about: blank 5/5/2015 From: Kevin Jones [mailto:kjones@fcchamber.org] Sent: Thursday, May 21, 2015 7:29 AM To: Noah Beals Subject: Boersch Appeal Request Hi Noah, If it is appropriate I would like to request that the appeals committee consider putting the Boersch appeal (1921 Sheely) on their agenda such that it minimizes the time that Al Boersch will need to sit at city hall. Al is dependent on a walker and experiences pain the longer he sits. We plan to put him at the wheelchair mic at the back of Council chambers so that he doesn’t have to walk down the aisle to the podiums (I’m assuming the committee meets in Council Chambers at City Hall). Thank you for any consideration that the committee might be able to give this request. Sincerely, Kevin Kevin Jones Business Advocacy Coordinator kjones@fcchamber.org Fort Collins Area Chamber of Commerce 225 S Meldrum, Fort Collins CO 80521 ph: 970.482.3746 ext. 103 fax: 970.482.3774 web: www.FortCollinsChamber.com Twitter I LinkedIn Colorado's Only 5-Star Accredited Chamber FW: Boersch Appeal Request Thursday, May 21, 2015 9:49 AM Zoning Page 1 TO Marty and Tess Heffernan, 1928 Wallenberg FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965,just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roofl); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even ifit will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 /).k @-g,li#g surror+ 11L1s ued . Our · Jill~ (Ja,vutf: fs t/lat 14 Vario; -t g,.oull he._ f\,ff ro'Ji'~ -{'af' fh is :re cJf1t:,, circ1nv1 sioffi0f'. '2l'i.ov1o\ ikt p0f'f1f s tr sr+vurf ruA ~'ff)~ va.om '2)~ovidc ~ \'f, 0 l\Jil{Vi'v{1r ' TO Ken and Marty Tharp, 601 Birky Place FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965, just the way it is: good property values, low density, low traffic, family oriented. ln making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roofl); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the PC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even if it will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Port Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 ,: , '" .·· . ' ' '' ' • ~1 ' ;; .':; . . ; ' TO Jeremy and Cherry Deuto, 1917 Sheely Drive FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965,just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roof!); we are not going to tum our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even if it will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progri::ssive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 ;; . ' \'' 7/Jl/t~ ~ k/e Jo 0 p WOV~; s Uf por-+ -fk !Ja:x9·C~ 's 1 VI ~r J_JivVo1J11f • +-o e-12j OJ t~r f fl"tJf:f-t -1--o Ifs ~0 ll e~+ - ~ lt\c.,l0J,7 kc,.v7· Viov_~~«5 .. , " .' . '' -: ' , , ...... !foJ~~<:,\L ~ ""1 ~ J.vr «\ 5;; .,, I I ~ -e. V 0- vo/\.V(' ·t °l3 L Skee.11 .Die ' TO Mitch and Shelly Majewski, 1933 Sheely Drive FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965, just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roof!); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even ifit will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 ~(-n-k-'* ~ ~u~ TO Ann Aspen, 712 Birky Place FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965, just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roof!); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even ifit will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 TO Mark and Dani Smith FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965,just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roof!); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even ifit will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 I~ ty Sl/€eLf .b/2.. F. (. co1..0£.4t!:.o 60-S-z..(. TO Linda Mahan 708 Birky FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965,justthe way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roofl); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even if it will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 TO Villaquette FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965,just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roof1); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even ifit will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. If you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Al and Gloria Boersch 482 8587 f(!#f- ~ '5u~V" f. Vd·~ vc.:fr ...v /ft5° s~~ br. ff.. ( of{.1,,> {. 0 ~ 0$' l. ~ I TO Ken and Marty Tharp, 601 Birky Place FROM Al and Gloria Boersch 1921 Sheely Drive SUBJECT Petition for Variance, House Sharing Request for your support We like the Sheely Drive neighborhood, where we have lived since 1965, just the way it is: good property values, low density, low traffic, family oriented. In making this petition we do not ask to make any substantial changes in it. We don't want to rent to strangers or students (sofas on the roofl); we are not going to turn our house into a duplex; we do not want cars parking all over the street. We want a variance to allow an experiment in house sharing designed to be mutually beneficial to all the parties involved. For our good old friends, Bonnie and Kevin, recently empty-nesters, the experiment will provide a time-out for thinking about down-sizing and for reorganizing their plans for retirement. For us it is a marvelous opportunity to extend our plans for Aging in Place, an umbrella term for a variety of uncoordinated programs designed to help old folks like us remain in the house and surroundings they love for as long as it is safe to do so. We get help in transportation, house chores, and daily contact with the real world of hard working adults. (Bonnie is a nurse at PVH; Kevin works at the FC Chamber). We create an unrelated extended family under one roof while maintaining the low density character of the neighborhood This experiment is a win-win for us even if it will not work for everyone. We think of it as an opportunity for us and as a learning experience for a progressive city like Fort Collins. Permitting this kind of experiment under specific conditions will allow their urban planners to monitor and evaluate its pros and cons. 1f you have no objections and approve of our experiment, you could help by signing this letter and give your address. Then mail the letter, using the stamped envelope enclosed. We will present these letters as part of our petition to the City of Fort Collins. Feel free to write comments on the back and to show the letter to any of your friends who might be interested. For direct questions please call us at the numbers listed below. Agenda Item 4 Item # 1 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150024 PROJECT DESCRIPTION Address: 330 Smith Street Petitioner: Nino Baietti, Build Smart Fort Collins Owner: Paul & Beverly Wehr Zoning District: N-C-M Code Section: 4.8(E)(4) Variance Request: The variance request will allow an addition to match the 4 ft. encroachment of the existing dwelling into the required 15 ft. corner side-yard setback. RECOMMENDATION: Staff recommends approval of the variance request to allow an addition to encroach 4 ft. into the required 15 ft. corner side-yard setback. STAFF COMMENTS: 1. Background: This property was included in the Original Town Plat in1873. At that time, the lot extended the full length from Smith Street to the alley and included the property to the north. The original lot was later subdivided into 4 properties; 2 that face Magnolia and 2 that face Smith Street. 330 Smith is the corner lot. The original structure on the lot was built in approximately 1933. It is unclear how many changes have occurred to this structure since then. This structure currently encroaches 4 ft. into the required 15 ft. corner side-yard 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 allow an addition to encroach 4ft. into the required 15 ft. corner side-yard setback and finds that: • The variance is not detrimental to the public good. • The addition matches the encroachment of the existing structure. • The addition along Smith Street is 8 ft. in length. • The length of addition is 8% of the total frontage of the lot along Smith Street. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150024. Agenda Item 5 Item # 5 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150025 PROJECT DESCRIPTION Address: 1212 E. Vine Drive Petitioner/Owner; Sterling Crane, LLC Zoning District: T Code Section: 4.12(B)(1)(b) Variance Request: The variance will allow the existing office/maintenance shop building to be enlarged by 1,000 sq. ft. and will allow the existing building height to be increased by approximately 8 ft. The 1,000 sq. ft. addition will be new office space. The property is in the T zone, which requires that a variance be obtained for any proposed new construction. The tenant and use of the property will not change. RECOMMENDATION: Staff recommends approval the request. STAFF COMMENTS: 1. Background: The property is in the Transition (T) zone which allows additions and improvement to existing buildings as long as the character of the improvement doesn’t constitute development or redevelopment of the property. In this case, the addition is proposed in order to meet the needs of the current employees and better facilitate the business operation. If the nature of the construction or development changes the character or use of the property, then the code requires that the property be rezoned. Additionally, this same variance request was brought before the ZBA in April 2014 and was approved. No building permits were issued within 6 months of the approval. Therefore, the variance had expired. A new variance approval is required to proceed with the addition. 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 building by 1000 sq.ft. and the height of the building by approximately 8 ft., and finds that: • The granting of the variance would not be detrimental to the public good. • The nature of the addition and remodel is consistent with the purpose of the T zone and does not constitute redevelopment or a change in character. A hardship exist if the Board does not grant a variance since a variance is the only way the addition can be approved while the property is in the T zone. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150025. STERLING 9351 Grant Street Suite #250 Thornton CO 80229 PHONE: (303) 422-0434 FAX: (303) 431-9462 May 8, 2015 Zoning board of Appeals (C/0 Zoning Administrator) City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 Subject: Variance Request for the Property at 1212 E. Vine Drive- Ft. Collins 80524 To Zoning Board: We that ask the Zoning Board approve a variance for the property Sterling Crane owns at 1212 E. Vine Drive in Ft. Collins 80524. Sterling Crane plans to renovate the mobile crane maintenance shop and office building located on this parcel. The Zoning Board granted this same variance to Sterling Crane at its April 2014 meeting. However, the variance expired on April 10, 2015. Therefore, Sterling Crane is resubmitting its request for a variance for the same renovation plan. No changes have been made to it, since the Zoning Board's approval in April 2014. The purpose for this renovation is to upgrade the working environment for our employees and to improve the appearance of the building, especially from Vine Drive. Nine (9) copies of the survey I site plan, the proposed new front elevation, and a floor plan are attached to this application. Specifically, we plan to replace the western two bays of the maintenance shop. The new pre-engineered metal building will be placed on the same foundations as the existing building. The floor area will remain the same, but the roof height will increase by approximately 8 feet at the new peak. Additionally, a 25 feet x 40 feet one story office structure will added to the rear of the existing offices on the east side to square off the building. These improvements will give the building a newer appearance and significantly improve the image of our business from Vine Drive. They will also not material increase the floor area. Therefore, we submit that they are minor and 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. We respectfully request that the Zoning Board approve this variance. Sincerely, �·::?:/-7-£�---; -­ Dick Ferchak /.-; ::.--- · Vice President- Sterling Crane February 27, 2014 Thompson Coburn LLP 55 East Monroe St. Chicago, IL 60603 RE: Zoning verification for the Property at 1200-1212 E. Vine Dr. Dear Ms. Hovnanian: The City of Fort Collins is responsible for enforcement of zoning ordinances and similar codes or ordinances related to development in the City of Fort Collins. The above-referenced property is located in the T {Transitional) zone. The use of outdoor storage for truck cranes/tractors and trailers, a shop for the maintenance of said equipment and an office per Section 4.12 of the Fort Collins Land Use Code (LUC) is a permitted use. Therefore, the current use of the property is a legal and approved use. The property may be rebuilt in its current form in the event of casualty. Should you have further questions regarding this matter please feel free to contact me. Sincerely, �V'� Ali van Deutekom, LEED® AP BD + C Zoning Inspector City of Fort Collins Community Development & Neighborhood Services 281 N. College Ave. Fort Collins, CO 80522 970.416.2743 avandeutekom @fcgov .com Agenda Item 6 Item # 6 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150026 PROJECT DESCRIPTION Address: 201 S. Grant Ave. and 807 W. Oak St. Petitioner/Owner; Eric Odell Zoning District: N-C-L Code Section: 4.7(D)(1), 4.7(E)(3), 4.7(E)(4) Variance Request: The request is to move a property line that divides an existing garage. Moving the property line would place the entire garage onto one parcel. This request would require the following 3 variances: 1.) Allow the existing garage to encroach 13 ft. into the required 15 ft. rear-yard setback. 2.) Allow the existing garage to encroach 3 ft. into the required 5 ft. sideyard setback. 3.) Allow the lot size at 807 W. Oak Street to be reduced to 5,671 sq. ft., 329 sq. ft. less than the required minimum 6,000 sq. ft. lot size. RECOMMENDATION: Staff recommends approval of all 3 variance requests, with the condition that an off-street parking space is created on 807 W. Oak Street that is accessed from the alley. STAFF COMMENTS: 1. Background: This property was located in the Loomis Annexation in the late 1800’s. The original house at 201 S Grant was built approximately in 1908. The original house at 807 W Oak Street was built approximately in 1952. It is uncertain how many changes have occurred to both structures. When the house was built at 807 W. Oak Street, it is presumed the property was further subdivided to create that parcel on the back of the original lot at 201 S Grant. At that time the garage was divided, allowing a parking space for each parcel. The Land Use Code does require 1 off-street parking space for single family dwellings that have lot frontage greater than 40 ft. 807 W Oak Avenue has approximately 50 ft. of street frontage. 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 following 3 variance requests, with the condition that an off-street parking space is created on 807 W. Oak Street that is accessed from the alley: • Allow the existing garage to encroach 13 ft. into the required 15 ft. rear yard setback. • Allow the existing garage to encroach 3 ft. into the required 5 ft. side-yard setback. • Allow the lot size at 807 W Oak Avenue to be reduced to 5,671 sf., 329 sf. less than the minimum 6,000 sf. lot size. After reviewing the variance requests, staff finds that: • The variance requests are not detrimental to the public good. • The variance requests do not include any new structures and little visible changes to the properties. Agenda Item 6 Item # 6 - Page 2 • The existing structure on 807 W. Oak Street still meets the allowable floor area and setback standards. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval with condition of APPEAL # ZBA150026. Variance Request for 201 South Grant Ave and 807 West Oak Street We as applicants, Eric Odell and Meegan Flenniken, are the owners and full time occupants of 201 South Grant Avenue, a house built in 1908 that is located on the southwest corner of South Grant Avenue and West Oak Street in Old Town, Fort Collins. We also are in the process of purchasing the neighboring property to the west, 807 West Oak St, built in 1952. We are contracted to close on this real estate transaction June 1, 2015. There is a 2-car garage that was originally and historically associated with the 201 S. Grant Avenue house. When the 807 W. Oak property was subdivided from the 201 S. Grant Avenue property, the property line was drawn down the middle of the 2-car garage, giving half to each property. Our intention is to redraw property lines such that the 2-car garage is once again entirely associated with the 201 S. Grant Avenue property. There will be nothing changed on either property, nothing built, no building permits, etc. To an uninformed observer there will be no way to determine that anything is different should the requested variances be granted. Three separate variances are requested through this process. The first two are associated with the 201 S. Grant Ave property. The required minimum setback from the rear property line will not be met, as the property line will be the exterior of the garage wall (4.7(e)(3)). Currently, as previously stated, the property line is down the middle (interior) of the garage, also not meeting current requirements. The second variance is associated with the side setback (4.7(e)(4)). Extending the south property line of 201 S Grant to the west will follow the existing property line that is currently on the garage, so the existing lack-of-setback will be extended. The third variance is associated with the 807 W. Oak property. The lot size is currently 6357 square feet. By disassociating the garage and the driveway, the property will be reduced by approximately 686 square feet. This will result in a lot size of 5671 square feet, 329 square feet below the minimum lot size (6000 square feet) for this zoning district (4.7(d)(1)). Off street parking will be made available to this property via the existing alley access. The structure on 807 West Oak is approximately 17.5 feet in height and the distance from the existing structure to the garage (which will be the new property line) is approximately 17 feet. There will be no setback issues here. We believe that the requested variances meet reason (3) of why the Zoning Board of Appeals may grant a variance. The proposal 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, particularly in consideration that nothing will physically change on either property. Thank you for your consideration. Agenda Item 7 Item # 7 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150028 PROJECT DESCRIPTION Address: 251 Boardwalk Drive Petitioner/Owner; Maguire Properties, LLC Zoning District: E Code Section: 3.8.7(E)(8) Variance Request: The variance request is to allow a sign logo height to increase an additional 2.25 inches from the allowed 24 inch maximum. The same sign will be displayed on both the east and west elevations of the building. RECOMMENDATION: Staff recommends approval of the variance request. STAFF COMMENTS: 1. Background: A development plan was approved for this property in October 2014 and building permits were issued shortly thereafter. This property is located in the Residential Sign District, sub-type convenience shopping center. This district allows for a maximum of 24 inch logo heights. 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 allow an additional 2.25 inches from the allowed 24 inch maximum and finds that • The variance request will not be detrimental to the public good. • The increase height is not for the entire length of the message of the sign. • The Logo is incorporated in the letters of the sign, making the increased height less visible. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150028. Agenda Item 8 Item # 8 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150029 PROJECT DESCRIPTION Address: 517 Edwards Street Petitioner/Owner; Douglas Bennett Zoning District: N-C-M Code Section: 4.8(E)(3) Variance Request: The variance will allow a 132 sf addition to match the 2 ft. encroachment into the required 5 ft. rear-yard setback of the existing garage. RECOMMENDATION: Staff recommends approval of the variance request. STAFF COMMENTS: 1. Background: An existing house that was located on both 517 Edwards Street and 521 Edwards Street was removed. In 2014 new single family detached dwellings were built on each property. A new garage was built on 521 Edwards Street, but the existing garage remained on 517 Edwards Street. When the existing garage was built, it was placed encroaching into the side-yard and rear-yard 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 allow a 132 sf addition to match the 2 ft. encroachment into the required 5 ft. rear-yard setback and find that: • The variance request is not detrimental to the public good. • The addition is 15% of the total property frontage to the alley. • The rear-yard setback is from an alley and not an abutting residential property. • The addition is limited to 1-story with an eave height of 9 ft. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150029. CltY,of .~!.£olli~~ Application Request for Variance from the Land Use Code The Zoning Board of Appeals has been granted the authority to approve variances from the requirements of Articles 3 and 4 of the Land Use Code. The Zoning Board of Appeals shall not authorize any use in a zoning district other than those uses which are specifically permitted in the zoning district. The Board may grant variances where it finds that the modification of the standard would not be detrimental to the public aood. Additionally, the variance request must meet at least one of the following justification reasons: ( 1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirements would result in unusual and exceptional practical difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed); (2) the proposal will promote the general purpose of the standard for which the variance is requested eauallv well or better than would a proposal which complies with the standard for which the variance is requested; (3) the proposal will not diverge from the Land Use Code standards except in a nominal. inconsequential way when considered in the context of the neighborhood. This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit Is required for any work for which a variance has &een granted, the permit must be obtained within 6 months of the date that the variance was granted. However, for good cause shown by the applicant, the Zoning Board of Appeals may consider a one-time 6 month extension if reasonable and necessary under the facts and circumstances of the case. An extension request must be submitted before 6 months from the date that the variance was granted has lapsed. Petitioner or Petitioner's Representative must be present at the meeting Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524 Date: Second Thursday of the month Time: 8:30 a.m. Variance Address Petitioner's Name, Date Signature IMPROVEMENT LOCATION CERTIFICATE LOT 5, BLOCK 14, CRAFTS RE-SUBDIVISION OF LAKE PARK ADDITION EDWARDS STREET N89"46 '41 "W #4 REBAR 40 03' 1 /2" STEEL BAR Legal description: ..- b z 0 ·ai "' ,_7:0' - 3i 3i - io ~ 7.2' ~--- ;... '° I() 2.9' b b N .... ~ 0 3,C r1 I I I I ~ b i-::1 ~ u) 2!1 I I ! 6.5' , COVERED 11 .3 r-'W PORCH ..: ;,, N 11.3 b I') - 2;2'., io en ft ...... b ,__ ,., WOOD 2-STORY FRAME Iii - ~ iii '::,8 j- Ol I"m .....) . W/ BASEMENT - 1.0' -!J.'.... - i-en - ~ ~ - iii l'i - 18.1' 8.6' COVERED PATIO . ·. : .> .·.; ·.:. •' . . .. · :.:· ·_ .. · · ...... ::·.·. ,t; · ... · Agenda Item 9 Item # 9 - Page 1 STAFF REPORT June 11, 2015 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # ZBA150030 PROJECT DESCRIPTION Address: 612 E. Pitkin Street Petitioner/Owner; Pat McGaughran Zoning District: N-C-L Code Section: 4.7(F)(5) Variance Request: The variance request will allow a new home to be built with an attached garage that will be accessed from an existing street curb-cut instead of the adjoining alley. RECOMMENDATION: Staff recommends approval of the variance request. STAFF COMMENTS: 1. Background: The original home was built approximately in 1947. The existing home includes an attached garage that accesses from the street. It is the intention of the applicant to demo the existing structure and build a new single family dwelling, also with an attached garage that accesses from the street. This property is located in the N-C-L zone district. In the N-C-L district new parking areas are required to take access from an alley where possible. However, the standard does allow a new detached garage to take access from existing curb cuts. The surrounding neighborhood conditions vary slightly. A large majority of the neighboring properties have garages that access from the public streets, as opposed to the alley. 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 to allow a new single family dwelling to be built with an attached garage that will be accessed from an existing street curb-cut instead of the adjoining alley and find that: • The variance request is not detrimental to the public good. • A majority of the neighboring properties are built with the same condition that is being requested. • The existing home currently enjoys an attached garage that accesses from the street. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA150030. PITKIN STREET 5' - 0" 78' - 0" 5' - 0" 88' - 0" (VIF) 14' - 0" 15' - 0" 110' - 0" 15' - 0" 140' - 0" REAR YARD SETBACK FRONT YARD SETBACK SIDE YARD SET- BACK SIDE YARD SET- BACK 20' ALLEY 16' - 5" 25' - 0" 31' - 5" 6' - 8" 5' - 10" EXISTING TWO-STORY HOUSE WITH ATTACHED GARAGE 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com EXISTING CONDITIONS MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A1 SCALE: 1/16" = 1’−0" 1 EXISTING SITE PLAN PITKIN STREET 5' - 0" 78' - 0" 5' - 0" 88' - 0" 14' - 0" 1' - 0" 15' - 0" 120' - 0" 5' - 0" REAR YARD SETBACK FRONT YARD SETBACK SIDE YARD SET- BACK SIDE YARD SET- BACK 20' ALLEY 'ZEN GARDEN' DOG RUN NEW ONE- STORY HOUSE 140' - 0" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A2 SCALE: 1/16" = 1’−0" 1 SITE PLAN D W DW OVEN DESK DINING ROOM LIVING ROOM BEDROOM 2 1/2 BATH HALL GARAGE MUD ROOM WAITING OFFICE OFFICE LAUNDRY CLO. CLO. MASTER BATH MASTER BEDROOM BATH CLO. KITCHEN BUILT-IN STORAGE ACCESSIBLE FROM LIVING ROOM CLOSET PANTRY CLO. BATH CLO. 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A3 SCALE: 1/8" = 1’−0" 1 FIRST FLOOR PLAN UP MECHANICAL/ STORAGE BEDROOM 3 BATH BEDROOM 5 CRAWL SPACE UC REF. CLOSET LINEN FAMILY ROOM BATH CLO. CLO. BEDROOM 4 HATCH INDICATES POSSIBLE FUTURE PHASE 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com BASEMENT OPTION 1 MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A4 SCALE: 1/8" = 1’−0" 1 BASEMENT PLAN 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A5 SCALE: 1/8" = 1’−0" 1 SOUTH ELEVATION A5 SCALE: 1/8" = 1’−0" 2 EAST ELEVATION 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A6 SCALE: 1 3D1 3D View 1 A6 SCALE: 2 3D View 2 18' - 0" 2' - 0" 1'-0" 5' - 0" 78' - 0" 5' - 0" ASSUMED PROPERTY LINE 88' - 0" ASSUMED PROPERTY LINE SIDE YARD SETBACK SIDE YARD SETBACK 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado A7 SCALE: 1/8" = 1’−0" 5.18.15 1 NORTH ELEVATION A7 SCALE: 1/8" = 1’−0" 2 WEST ELEVATION 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com OPTION E MCGAUGHRAN RESIDENCE 612 E. Pitkin Street Fort Collins, Colorado 5.18.15 A8 SCALE: 1 3D View 5 A8 SCALE: 3 3D View 7 A8 SCALE: 4 3D View 8 I I I I I I I I I I w I :: Ol - I -N ~I <D ft <DI ixi I'- <D ..- 16.0' vr- I r8- z / I - I b ~ I GARAGE ~ N .... I I I I 16.0' G..o' I I S89 . 53 .. 20 ... E I 40.03' LOT 5, BLOCK 14, CRAFTS RE-SUBDIVISION OF LAKE PARK ADDITION CITY OF FORT COWNS, LARIMER COUNTY, COLORADO. Property Address: 517 EDWARDS ST. i IMPROVEMENT LOCATION CERTIFICATE Ease ment information from recorded and/or provided by client unless rwise noted. Legal description plat athe provided by client unless otherwise noted. Apparent deed lines were determined from lines of occupation and/or existing monumentation shown hereon unless otherwise noted. ( I hereby certify that this lmprovem~nt Location Certificate was prepared for STRA TION BUILDERS, that it is not a land survey ij plat or Improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future ' Improvement lines. ri I further certify that the Improvements on the above described parcel on this dote 14 APRIL 2015, except utility connections. ~ are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described ~ premises by Improvements on any adjoining premises, except as indicated, and that there ls no apparent evidence c;>r sign of ~ any easement crossing or burdening any part of s · arcel, except as noted. ~t--~? •• ~~-~!S)'~ LEGEND: &a.-;_y..Q~Y 1t••.1>_ 0 - FOUND #4 REBAR W/ SEAL, L.S. 32829 u.• .~ ~· By: @ - FOUND MARKER AS DESCRIBED IMPROVEMENT LOCATION CERTIFICATE Engineering CLIENT: STRATTON BUILDERS SCALE: 1 "=20' l (970) 3521 667-West 6286 Eisenhower • Toll www.Free landmark~td.Slvd {866) .. 379-Loveland. 6252 com • Colorado Fox (970) 80537 667-6298 DATE: 14 APRIL 2015 JOB #: STRATH-4B4C-01-622 This document is on instrument of professional service of Landmark Enqineeririq Ltd. (L.E.L. ). Landmark shall, \o the fullest extent oermi\ t•Jti BS Scale: 1/8" = 1' Revision: 12/02/14 A1.00 2’ 6” 8” 18” 14’ 6” 3’ 5” 2’ 6” 5’ 2” (radiused) TO BE ENGINEERED PER LOCAL CODE SCALE. V4" • l'-0" .: ... - - .. ; . .- .- _. . . _. - DD • ' # ' • ' . _. . - ._ --.- -. : . ~ . -- . . , . ; ; - ,,- I c' : : : : : : : : : - : : - - , J REAR ELEVATION EA5T SCALE• 114' • 1'·0" l ,,.1 14'-o" 10'-8" 4-0' It''<;/' l ,' . '_''-_4 ~_· ___ ~-'.' -3 '-"-='-R --0_. _ _ .,..j MAIN LEVEL FLOOR FLAN 33~ 6Q. FT. LAI" M>NG Pot.AfOIC!& 4tOOf' ~~~A.11)(6....,, MOJ6t! ,TlO"IM&,."E fHD6 'T~ NOTES: r-out-IO•TIOK,. AU. ITI'ilJCNR""'-~l~, .t.f'O fltOrO" l1'tJM 6T6tlM TO eE PR~Gltel't:Et> ~ I.CC.AL. COOL r>t.4'1 ~TRIJcT~ TO COtfl. 'r" Wlflol "L.I.. L.OC.AI.. et.JILOING COOC& IN iF"C.CT Af Tfl"lll 011 ,.MMfT OUDtllTTM.. - •TUCeO [': = = = = = = = : = : : - -'] FRONT ELEV A TION WEST SCALE• 114' • 1'-0" ~ 0 z z () i= 0 :::> a: ~ (z /') 0 0 () LQ I- (/) ~ a: <( ,l:~ .J 'i. . Hi!i~t ... ~u UJ (9 Q <l'.: z a: ~ <3 0: Cl UJ UJ Cl Zo J: ~~ UJ Cl SHEET NO.