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Home My WebLink About04/14/2016 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Chair Daphne Bear, Vice Chair Bob Long John McCoy Ralph Shields Butch Stockover Karen Szelei-Jackson 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 APRIL 14, 2016 9:00 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 ZBA160003 Address: 300 E. Pitkin Street Petitioner/Owner: Peter & Elizabeth George Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description The variance request is to allow a 488 square foot addition to the north side of the primary structure to encroach into the street-side setback. The existing primary structure currently encroaches 10 feet 10 inches into the 15 foot setback. The request is to allow the addition to encroach the same distance as the existing structure. 2. APPEAL ZBA160004 Address: 2139 Sandbur Drive Petitioner/Owner: Clarence David Romero Zoning District: L-M-N Code Section: 3.5.2(E)(2), 3.5.2(F)(1) Project Description The variance request is to allow an existing side-loaded garage to be converted into a front-loaded garage. The standards require a front-loaded garage to be set back 20 feet from the public sidewalk and be recessed at least 4 feet behind a porch or front wall of the house. Additionally, if it is recessed ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 April 14, 2016 behind a porch, it cannot protrude more than 8 feet from the house. The proposal will encroach 5 feet into the front setback and will not be recessed 4 feet, but will project 20 feet further than the porch; and the garage door will be setback only 15 feet, instead of 20 feet, from the public sidewalk. 3. APPEAL ZBA160005 Address: 621 Lesser Drive Petitioner/Owner: Thomas H. Peck Zoning District: N-C-B Code Section: 4.9(D)(6)(d) Project Description The variance request is to allow a 295 square foot addition to the rear of the primary structure to encroach 2 feet into the required 5 foot side-yard setback. A portion of the existing structure does encroach into the side-yard setback at the same distance of the proposal. However, the portion of existing structure that the addition will attach to is meeting the required 5 foot side-yard setback. 4. APPEAL ZBA160006 Address: 903 Stover Street Petitioner: Dick Anderson, Architect Owners: Kurt Reschenberg & Tia Molander Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description The variance request is to allow a 287 square foot addition to the rear of the existing primary structure to encroach 1.5 feet into the required 5 foot side-yard setback. The existing structure encroaches 2 feet into the same side-yard setback. 5. APPEAL ZBA160007 Address: 814 Cherry Street Petitioner/Owners: Martin Delossantos & Melissa Reyes Zoning District: N-C-M Code Section: 4.8(D)(3) Project Description The variance request is to allow a 283 square foot addition to connect the primary structure to the garage. The lot has 2 existing primary structures and 1 accessory structure that already exceed the allowable floor area in the rear-half of the lot by 25 square feet. 6. APPEAL ZBA160008 Address: 620 S. Sherwood Street Petitioner/Owners: Mark Cucarola Zoning District: N-C-B Code Section: 4.9(D)(1) Project Description The variance request is to allow a new single family detached dwelling to be built on a lot where there is already an existing two-family dwelling. The lot size is 9,500 square feet and the minimum lot size to allow for two primary buildings is 10,000 square feet. The proposal for an additional single family detached dwelling does not meet the minimum lot size by 500 square feet. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160003 PROJECT DESCRIPTION Address: 300 E. Pitkin Street Petitioner/Owner: Peter & Elizabeth George Zoning District: N-C-M Code Section: 4.8(E)(4) Variance Request: The variance request is to allow a 488 sf addition to the north side of the primary structure to encroach into the street-side setback. The existing primary structure currently encroaches 10 feet 10 inches into the 15 foot setback. The request is to allow the addition to encroach the same distance as the existing structure. RECOMMENDATION: Staff recommends approval of the variance request. STAFF COMMENTS: 1. Background: The house was originally built approximately 1900. It is unclear what alterations may have occurred from the time it was originally built. The parcel size has not changed from the time it was originally platted as part of the Craft Subdivision. The large public right-of-way also was part of the originally plat. 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 488 sf addition, to encroach 10’ and 10” into the required 15’ corner-side setback and finds: • The request is not detrimental to the public good. • The existing structure already encroaches the same distance. • The addition will be setback over 23’ from the back of the public sidewalk. • The length of the addition that fronts the corner-side setback is 16’ of the 140’ length of the lot. 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 # ZBA160003. Reasoning for variance application This home was built in the 1800’s and is no longer suited for today’s families and how we live as a society. It is just too small and needs updating. Currently the house is two usable bedrooms and one bathroom. We are proposing to make the home 4 bedrooms and two bathrooms to accommodate a family of four plus a guest room/office. The original architects design shows the house to be built directly to the existing home. With building the addition onto the existing house it will still look the same from the street view as the existing and new will be in line. Also with the original design the access to the addition is through the kitchen which allows for easier access to the rest of the house. With the city setbacks the house would be offset so much that a hallway would have to be built outside of the existing house just to access the addition. Also the offset would be seen from the front of the street which will make it look more like an addition instead of looking like an original part of the house. The addition would also be so close to the neighboring lot to the E that it would really make it awkward for both homeowners. With the addition the furnace and hot water heater will be removed from the dirt crawl space that is under the house. We plan to install a more energy efficient furnace, also since the hot water heater will no longer be in a muggy dirty crawl space it will make the air in the home better as well. The new hot water heater will also be more efficient and use less energy. With the requirement of the setbacks this project will not be possible to construct due to the additional expenses of the complex set backs on the house. With the addition being tied directly to the house the construction will much simpler to construct. With the offset or jog in the addition it is looking like the entire truss system will have to be changed out which makes this project not feasible to build. The other houses along Mathews St. sit back from 15-20’ away from the street. This home sits back approx. 33’ from the street along Mathews where the addition will be constructed. With the ever raising costs of housing in Fort Collins we look to make this a home suitable for a family as well as raise the quality of the home to today’s standards. We are asking for the variance for these reasons. 1. It causes a hardship. 2. The proposed addition is equally well or better than following the setbacks. Lastly the addition is nominal and inconsequential to what already exists and will go better with the style of homes already in the neighborhood. Thank you, Zak George 11 !:. A D !:. I< c MARK HEADER TRIMMER STUDS H1 (2) 2x10's H2 (3) 2x12's H3 (2) 2x10's H4 (2) 2x10's H5 (2) 2x10's H6 (2) 2x10's H7 (2) 2x10's HB (2) 2x10's H9 (2) 2x10's PROVIDE ANCHOR BOLTS AT 4'- o• o.c. MAXIMUM 'Mll-l NOT LESS THAN 1 /2~ DIAMETER STEEL BOL Ts EMBEDDED AT LEAST 7• IN TO CONCRE'TE v.1n-i A (1) 2x6's (3) 2x6's (1) 2x6's (1) 2x6's (1) 2x6's (1) 2x6's (1) 2x6's (1) 2x6's (1) 2x6's ~~~~ ~ 2 ~F c: ~~~~ ~~R 6~E~!c~N~IE~~ ONE BOLT LOCATED B" CONCRETE FOUNDATION WALL WITH (2) #4 BARS HORIZONTAL TOP ~:~6l't4 AND #4 BARS 0 24" o.c. CONTINUOUS VAPOR RETARDER LAPPED 6"' TAPED & 6" UP WALL IN SULA TEO PERIMETER WALLS & CONTINUOUS MECHANICAL VEN TILATION ~ 11 A I< T KING STUDS OPENING ~DTH (1) 2x6's 3' o" (2) 2x6's 3' O" (1) 2x6's 3' o" (1) 2x6's 3' o" ((1) 1) 2x6's 2x6's 3' 3' o" O" --- (1) 2x6's 3' o" (1) 2x6's 3' o" (1) 2x6's 3' o" ,-- ""~ 1@ 11u 1n1nr 11 Ul'f1U uu 1l 11u 1Y1!11u1Y1hF 1Y1! u ly LJ1JM'1[J1Y u u u u uly h 111 1 II 11 11 II 11 1 I 111 11 11 11 II II IT 1 I I II I 1 If If '<: 1'-.Jl I 11 11 1 111 11 1 11 111 II 1 1 1 1 11 Ill I "1 1 ll lTI 11 1111 II 11 1 11 1 ll l f'li..- '- EXISTING ROOF '-il "' ""' "" "" ' '~ ,('",:'"' "! "' "" "' "' ~~ TO REMAIN "' ""' Tl1 TTl l llT ll-'lllTI I I l lll l ll~l II I I 111 11 1 1~ 'l LJ I II 11 11 11 ... 11 11 11 I I II II I II IT 1 I II ll TI ,_,... '<..! _llll IY.llll T Il l 1111111111111 Il l 11 llY ~ ~ ..2Ll II T ll I 111111 I II I 11111 1 JJ....~ NEW WALL FRAMING AS REQURED Agenda Item 2 Item # 2 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160004 PROJECT DESCRIPTION Address: 2139 Sandbur Dr Petitioner/Owner: Clarence David Romero Zoning District: L-M-N Code Section: 3.5.2(E)(2), 3.5.2(F)(1) Variance Request: The variance request is to allow an existing side-loaded garage to be converted into a front-loaded garage. The standards require a front-loaded garage to be set back 20 feet from the public sidewalk and be recessed at least 4 feet behind a porch or front wall of the house. Additionally, if it is recessed behind a porch, it cannot protrude more than 8 feet from the house. The proposal will encroach 5 feet into the front setback and will not be recessed 4 feet, but will project 20 feet further than the porch; and the garage door will be setback only 15 feet, instead of 20 feet, from the public sidewalk. RECOMMENDATION: Staff recommends denial of the variance request to allow the side-loaded garage to be converted into a front loaded garage. STAFF COMMENTS: 1. Background: The house was built in 2010 with the side loaded garage. The purposes of the garage standards are to reduce the impacts of vehicles in regards to the public sidewalk. Recessing the garage door behind a porch or front wall of the house helps to provide visual interest along the street and usually reduces the distance for pedestrian connectivity. The 20 foot setback for a garage door from the public sidewalk provides enough driveway space for a vehicle to park without overhanging on to the public sidewalk. 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 variance request and finds. • A front-loaded condition of the existing garage reduces the driveway to a length that does not provide sufficient room for a vehicle to be parked without overhanging onto the public sidewalk. Therefore, making it difficult to find it is not detrimental to the public good. • Although, the front-loaded condition may reduce the amount of driveway in the front yard, it places the garage door closer to the sidewalk. • The application does not identify sufficient reason to base an approval of the request 4. Recommendation: Staff recommends denial of APPEAL # ZBA160004. Agenda Item 3 Item # 3 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160005 PROJECT DESCRIPTION Address: 621 Lesser Dr Petitioner/Owner: Thomas H. Peck Zoning District: N-C-B Code Section: 4.9(D)(6)(d) Variance Request: The variance request is to allow a 295 sf addition to the rear of the primary structure to encroach 2 feet into the required 5 foot side-yard setback. A portion of the existing structure does encroach into the side-yard setback at the same distance of the proposal. However, the portion of existing structure that the addition will attach to is meeting the required 5 foot side-yard setback. RECOMMENDATION: Staff recommends denial of the variance request to allow a 295 sf addition to encroach 2 feet into the required 5 foot side-yard setback. STAFF COMMENTS: 1. Background: The property is part of the Lesser Subdivision that was recorded in 1947. This subdivision was annexed into the City in 1955. The original structure was built approximately in 1950. The number of changes to original structure is uncertain. As stated in the applicant’s application the original structure was built to a 3 foot side-yard setback and later a rear addition was built to a 5 foot side-yard setback. The portion of the existing structure that the addition attaches to, does meet the required 5 foot setback. 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 variance request and finds: • The nonconforming portion of the existing structure is 30 feet in length. The proposed addition is 20 feet in length. The increase of nonconformance is 2/3 the length of the existing nonconforming portion of the structure. • The existing addition the proposed addition attaches to meets the required setback Therefore, the request has not provided sufficient information to justify an approval of a variance. 4. Recommendation: Staff recommends denial of APPEAL # ZBA160005. Agenda Item 4 Item # 4 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160006 PROJECT DESCRIPTION Address: 903 Stover St. Petitioner: Dick Anderson, Architect Owners: Kurt Reschenberg & Tia Molander, Owners Zoning District: N-C-M Code Section: 4.8(E)(4) Variance Request: The variance request is to allow a 287 sf addition to the rear of the existing primary structure to encroach 1.5 feet into the required 5 foot side-yard setback. The existing structure encroaches 2 feet into the same side-yard setback. RECOMMENDATION: Staff recommends approval of the variance request to allow a portion of the 287 sf addition to the rear of the existing primary structure to encroach 1.5 feet into the required 5 foot side-yard setback. STAFF COMMENTS: 1. Background: The existing primary structure was built approximately in 1905. The changes to the structure from the time it was originally built are uncertain. The property was included in the Original Town plat of Fort Collins in 1873. 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 1.5 feet encroachment into the 5 foot side-yard setback and finds: • The request is not detrimental to the public good • The length of the proposed encroachment is 8 feet • The existing encroachment of the primary is 2 feet and the proposed addition is at 1.5 feet • The height of the proposed encroachment is 1 story, with no windows facing north property line. 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 # ZBA160006. Agenda Item 5 Item # 5 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160007 PROJECT DESCRIPTION Address: 814 Cherry St Petitioner/Owners: Martin Delossantos & Melissa Reyes Zoning District: N-C-M Code Section: 4.8(D)(3) Variance Request: The variance request is to allow a 283 sf addition to connect the primary structure to the garage. The lot has 2 existing primary structures and 1 accessory structure that already exceed the allowable floor area in the rear- half of the lot by 25 sf. RECOMMENDATION: Staff recommends approval to allow a 283 sf addition to connect a primary structure to the garage. STAFF COMMENTS: 1. Background: One of the original structures was built in 1908. It is uncertain the changes that occurred since the original construction. The property is a part of the West Side Addition plat that was surveyed in 1881. The existing conditions of the property include 2 primary buildings (single family detached dwellings) and an accessory building (garage). The floor arear of these structures do not exceed the allowable floor area for the lot but do exceed the allowable floor area in the rear half by 25 sf. 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 request to allow an additional 283 sf in rear half of the lot exceeding the total allowable floor area by a combined 308 sf and finds: • The request is not detrimental to the public good • The addition does not exceed the total allowable square footage for the lot • The addition does not encroach into a setback • The addition follows the length of existing buildings and does not create any new view obstructions • The height of the addition is 1 story. 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. 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I . ,. - - i I ' I f -.-. --- · - _, -1- 4!."~ - . '" - dlAt;>i , _ t\~ - I 'l ~- ;+\~T - r l"'~\~'J 1<,;)~1.(.r~· J-'1 ·£\ . l #1\tOWi .f "~~i I - ~ -- I t - - t " • -r I I I - -.. t T I ~ .... r T I ..,.! : 'tf ~ I + . Lj - . t ' ~ - ~ ~ >- 1 - r- -I - ·- V>f.'~ "'f' -\>~~"" ~ ~ ~' ~""'" . I ... (!.. 0 Q fl --1' bOO ?- I t .I- T - ..- i I ' March 1, 2016 To Whom It May Concern: I am writing this in support of the request made by Martin Delossantos, 814 Cherry Street/401 N. Grant Street, to add a bathroom to his property. I am the homeowner at 818 Cherry Street. Sincerely, ~~~ \)~ ......... Kent Walkenhorst (970) 493-1078 .. . March 03, 2016 To whom it may concern, This letter indicates my support of the request by Martin De Los Santos, 814 Cherry St/401 N Grant street to add a llft x 26 ft single story bathroom extension that does not encroach on the easement or fence and is represented by the photo below. I own the property at 405 N. Grant Ave. Sincerely, 7i ~ t/lU_ kf.vrv~ Lynne Kumar Agenda Item 6 Item # 6 - Page 1 STAFF REPORT April 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160008 PROJECT DESCRIPTION Address: 620 S. Sherwood Street Petitioner/Owners: Mark Cucarola Zoning District: N-C-B Code Section: 4.9(D)(1) Variance Request: The variance request is to allow a new single family detached dwelling to be built on a lot where there is already an existing two-family dwelling. The lot size is 9,500 sf and the minimum lot size to allow for two primary buildings is 10,000 sf. The proposal for an additional single family detached dwelling does not meet the minimum lot size by 500 square feet. RECOMMENDATION: Staff recommends denial to allow a new single family detached dwelling, to be built in addition to the existing duplex, on a lot that is 9,500 sf. The minimum lot size for 2 primary buildings is 10,000 sf. STAFF COMMENTS: 1. Background: The original single family detached structure was built in 1895. The applicant states this structure was demolished in 2005. In 1996 approval to build the duplex was granted by the City. The submittal for the duplex was made prior the code changes to the N-C-B zone district that included the minimum lot size. 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 request to allow two primary structures on a lot that is 9,500 sf in size, 500 sf less than the minimum 10,000 sf. and finds: • The duplex building and single family building, before it was demolished, were non-conforming structures • The removal of the single family structure brought the duplex in compliance with this specific standard • The application did not identify sufficient reason to base an approval of the request 4. Recommendation: Staff recommends denying APPEAL # ZBA160008. 620 South Sherwood St – Zoning Variance Application Addendum – Additional Reasoning for granting variance. We believe we actually address all THREE Justifications in this application: 1) Hardship: As can be evidenced on the site plan, there originally were two separate structures on this site. The original single family home was beyond economic repair and declared un-inhabitable by the City of Fort Collins on January 31, 2005 & the house had to be demolished. It was always planned to re- build a new SFR in its place. The original house had a footprint of approximately 1,317Sf. The new building will have a smaller footprint of approximately 800 sf. The hardship of having a front vacant lot that is not being used to its highest & best use is eliminated, along with summer wild weed and vegetation growth that has to be constantly sprayed and maintained, would be also eliminated. The front build out of the lot with a small compatible SFR maintains the street-scape consistency of the neighborhood. The 10,000 SF lot requirement, in itself is a hardship. 2) Equal to or Better Than: The original existing house was old and structurally deficient. The new home to be built will be a small 2 story that will be highly energy efficient with architectural design that is very compatible with existing homes within the 600 South Sherwood block of homes. It will be a 3 bedroom, 2 ½ bath home designed for CSU Student housing which complies with the 3 non- related party city ordinance. Since this home will have a narrower foot print (width wise), the north property line set-back can be increased to ten feet to improve space between the adjacent north side owner and provide for more of an open lot feel overall. In addition, the new SFR and its location on the lot allows for all necessary off-street parking for the three additional tenants. On the south side of the lot there will be an approximately 15’ x 35’ hard surfaced parking pad. The original driveway / curb cut location will be used and improved to current street code requirements. 3) Nominal and inconsequential: The typical lot size in this NCB area and on South Sherwood Street is 90’ x 150’ and do not meet the minimum 10,000 SF requirement. However, many properties of the same size in this area do contain two buildings. We are reducing the size of the new building footprint by 500 SF feet from the original building. This project also is nominal and inconsequential as it: a) Will provide for all necessary parking within the lot and create no additional city street parking or burden, b) It is a smaller building than the original, c) There are much large buildings adjacent to, and around this project that have been approved and built. d) With no real affect on city parking it provides for needed additional CSU student housing by 3 tenants in a highly convenient location. e) The existing large pine trees in the middle of the lot will remain. Please refer to the attached site plans that show the previous (now demolished) SFR, the existing duplex building at west end, and the proposed new SFR. Also is the attached of the picture of the proposed new SFR building, pictures of the old house that was demolished and the demolition permit granted on 2/17/15. >0::- : 0 1- (J) 1- (/) 0::: u::: I I I tJ~ ~~ -sre- c- Si'6r;!:.."'( ~6,~~ G:;2.&> S,o~ o0~!>1Pt"JD 'E.~ ~C::X C,_.r;;. 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