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Home My WebLink About10/09/2014 - Zoning Board Of Appeals - Agenda - Regular MeetingMichael Bello, Chair Council Liaison, Gino Campana Heidi Shuff, Vice Chair Staff Liaison, Noah Beals Daphne Bear Robert Long LOCATION: John McCoy City Council Chambers Ralph Shields 300 LaPorte Avenue Butch Stockover Fort Collins, CO 80521 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING OCTOBER 9, 2014 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 # 2778 Address: 505 S Mason Street Petitioner/Owners: 203 W Mulberry LLC, Kevin Brinkman and Dave Derbes Zoning District: Community Commercial (C-C) and Transit-Oriented Development (TOD) Overlay Zone Code Section: 3.8.7(I) Project Description: The variance would allow an individual letter sign to be installed on the north wall reading “MAX FLATS” that is 1’-7 ¾” wide by 16’-4 ½” high. The Land Use Code restricts individual letter signs to 7’ feet in height or less. 2. APPEAL #2779 Address: 123 N Mack Street Petitioner: Steve Josephs Owners: Gerald Horak/Constance Horak Zoning District: N-C-L Code Section: 4.7(E)(2) Project Description: The variance would reduce the required front yard setback along Mack Street from 15 feet to 10 feet 11 inches in order to allow a new, covered front porch to be constructed. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 October 9, 2014 3. APPEAL #2780 Address: 200 E. Swallow Rd. Petitioner/Owner: Susan Brabson Zoning District: R-L Code Section: 3.8.3(5) Project Description: The variance is to approve retail sales as part of a home occupation. Home occupations are allowed as an accessory use in a dwelling if the sale of stock, supplies or product is incidental. 4. APPEAL #2781 Address: 810 N. College Ave. Petitioner: Joe Dice Owner: The Grow Shop LLC Zoning District: C-S Code Section: 3.8.7(D)(5)(a), 3.8.7(G)(1), 3.8.7(G)(2), 3.8.7(G)(6) Project Description: This property has an existing ground sign and freestanding sign located on it. The ground sign was installed with a sign permit and the freestanding sign was installed in the wrong location. The variance will: 1) allow a new ground sign to be constructed 10 feet into the required 10 feet setback for a sign with an overall height of 9.125 feet instead of the maximum 7 feet height allowed at a 0 feet setback; 2) allow 1 freestanding and 1 ground sign on the property with only 1 street frontage; 3) allow the existing freestanding sign to remain 10 feet in to the required 10 feet setback from the right-of-way; 4) allow the existing free standing sign to remain 15 feet into the required 15 feet setback from the north property line; 5) allow the existing freestanding sign to remain as is without a base or pole cover; 6) allow an additional 36 square feet of sign allowance for the existing freestanding sign. The existing ground sign would need to be removed. 5. APPEAL #2782 Address: 504 S. Whitcomb St. Petitioner/Owners: Robert & Kristin Kirkpatrick Zoning District: N-C-B Code Section: 3.8.11(C)(1) Project Description: The variance would allow a 6 feet tall fence in the front yard along the north property line. The Land Use Code allows fences in the front yard up to 4 feet above the finished grade.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 STAFF REPORT October 9, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2778 PROJECT DESCRIPTION Address: 505 S Mason Street Petitioner/Owners: 203 W Mulberry LLC, Kevin Brinkman and Dave Derbes Zoning District: Community Commercial (C-C) and Transit-Oriented Development (TOD) Overlay Zone Code Section: 3.8.7(I) Project Description: The variance would allow an individual letter sign to be installed on the north wall reading “MAX FLATS” that is 1’ 7 ¾” wide by 16’ 4 ½” high. The Land Use Code restricts individual letter signs to 7’ feet in height or less. RECOMMENDATION: Staff recommends approval of Appeal #2778 to allow an additional 9 feet 4 ½ inches to a sign that is only 1 feet 7 ¾ inches in width. STAFF COMMENTS: 1. Background: The sign code contains numerous regulations for the size, height and location of signs. One reason these regulations are in place is to prevent buildings and street-fronts from becoming overwhelmed with signage. 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 sign height to exceed 7 feet maximum by 9 feet 4 ½ inches to a sign that is only 1 feet 7 ¾ inches in width and finds that:  The granting of the variance would not be detrimental to the public good.  The standard only addresses the vertical dimension of the sign and does not include a maximum horizontal dimension. Therefore, the same sign could be installed with the long end as the horizontal measurement with the same square footage.  Additionally, the north side of the building, the location of the sign, is approximately 4,500 square feet and the sign is approximately 26 square feet. The size of the sign is less than 1% of the total north side of the building.  Therefore, staff finds the variance will not diverge from the standard of the code except 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 Appeal #2778. Brinkman Partners, LLC • 3003 East Harmony Road, Suite 300 • Fort Collins, CO 80528 • 970.267.0954 • Fax 970.206.1011 August 26, 2014 Zoning Board of Appeals c/o City of Fort Collins 281 North College Avenue Fort Collins, CO 80524 Re: Max Flats Exterior Vertical Building Signage Please accept this Variance Request to Section 3.8.7(I) of the Land Use Code related to Flush Wall Signs. Background Max Flats is located at 505 South Mason Street, on the southwest corner of Mason Street and West Mulberry Street. The site was recently redeveloped into a 63,900 square foot, L-shaped, 5-Story, mixed use building containing ground floor retail and 64 dwelling units on the upper levels. The building is located on the MAX bus rapid transit (BRT) line, in the Transit-Oriented Development (TOD) Overlay Zone and is zoned Community Commercial (CC). Variance to Section 3.8.7 (I) Code Language: Section 3.8.7 (I) Flush Wall Signs states the following: (I) Flush Wall Signs. 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. Requested Variance We are requesting a variance to allow a vertical letter sign to be placed on the north side of the north stair tower of Max Flats that is 1’-7 ¾” wide by 16’-4 ½” high . This exceeds the 7’-0” height requirement, but it fits with the vertical elements and architectural character of the building and will in no way look oversized for the space. 85’-0” 245’-0” MASON STREET FRONTAGE WEST MULBERRY STREET FRONTAGE THIS DESIGN IS THE EXCLUSIVE PROPERTY OF SCHLOSSER SIGNS, INC. DISTRIBUTION OF THIS DESIGN TO ANYONE OTHER THAN EMPLOYEES OF YOUR COMPANY FOR THE USE OF ANY GRAPHICS OR THE CONSTRUCTION OF THE SIGN SIMILAR TO THE ONE EMBODIED IS STRICTLY FORBIDDEN. IN THE EVENT THAT SUCH AN EXHIBITION OCCURS, WITHOUT PRIOR WRITEEN CONSENT OF SCHLOSSER SIGNS, INC., SCHLOSSER SIGNS, INC. EXPECTS TO BE REIMBURSED UP TO $5000 PER SHEET AS COMPENSATION FOR THE TIME AND EFFORT ENTAILED IN CREATING THE ABOVE DESIGNS. Rev. #1: Rev. #2: Rev. #3: Rev. #4: Rev. #5: DESIGNER: J. VALASEK SALES: DATE: DESIGN #: FORT COLLINS, CO MAX FLATS JIM HANSON CHANGE OUT DESIGN TO SELECTED OPTION 06-110R2 2 2 CLIENT: ADDRESS: m a x f l a t s 16’-4 1/2” PLACEMENT RENDERING PLACEMENT RENDERING A C QUANTITY JOB TYPE SIGN TYPE SCALE 1 MANUFACTURE & INSTALL FLAT CUT LETTERS 3/8”=1’-0” A 1/4” ALUMINUM FLAT CUT LETTERS, PAINTED APPROVED COLOR. STUD MOUNTED TO BUILDING WITH 1” PROJECTION TO ALLOW FOR SHADOWING TO BUILDING. PAINT SPACERS TO MATCH BUILDING. 1'-7 3/4" SIGN SPECIFICATIONS 1'-2 1/2" 7 1/2" 1’-9” m a x f l a t s m a x f l a t s 1" P2 P3 Agenda Item 2 STAFF REPORT October 9, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2779 PROJECT DESCRIPTION Address: 123 N Mack Street Petitioner: Steve Josephs Owners: Gerald Horak/Constance Horak Zoning District: N-C-L Code Section: 4.7(E)(2) Project Description: The variance would reduce the required front yard setback along Mack Street from 15 feet to 10 feet 11 inches in order to allow a new covered front porch to be constructed. RECOMMENDATION: Staff recommends of approval of Appeal #2779 to allow a proposed unenclosed front porch to be built 4 feet 1 inch into the required front yard setback of 15 feet. STAFF COMMENTS: 1. Background: The house is built to the 15 feet front yard setback. The property line does not extend to the back of the sidewalk. There is an additional 4 feet 6 inches from the property line to the back of the sidewalk. On the same side of the block there are only 3 additional houses that face Mack Street. On the opposite side of the block there are 4 houses and all of those 4 houses have porches encroaching into the front 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 to allow an unenclosed front porch to be built 4 feet 1 inch into the required 15 feet front yard setback and finds that: • The granting of the variance would not be detrimental to the public good. • With additional distance between the property line and the back of the sidewalk the 15 feet front yard setback is met. • Out of the 8 total residential structures that front onto Mack Street only 3 will be meeting the standard. • Further, an unenclosed front porch does not add additional habitable square footage to the home and structure will be open on three sides. • Therefore, staff finds the variance will not diverge from the standard of the code except 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 Appeal #2779. 9 September 2014 Zoning Board of Appeals, We believe our request for a variance to add a front porch at 123 N. Mack Street meets the criteria for exceptional physical conditions on the site. Because the front of the house was built only 16’ -7” from the lot line in the ﬁrst place, it leaves no room for a front porch without encroaching into the 15’ setback. In addition we feel that the proposed porch is in keeping with the the context of the neighborhood. This porch will add dimension and interest to the otherwise ﬂat facade of this house, bringing it more in line with the style of surrounding properties. Sincerely, Steve Josephs Craftsmen Builders Craftsmen Builders Inc. 319 E. Magnolia St. Fort Collins, CO 80524 CraftsmenBuildersInc.com 970-416-9300 Attention General questions about this or any other Larimer County GIS products, including errors, omissions, corrections and/or updates should be directed to Larimer County Support Central at (970) 498-5000. Printed: 9/2/14 Id Parcel Number Site Address Name Name1 Mailing Address Mailing City Mailing State Mailing Zipcode Site City Sub Number GIS ID 1 9711302016 1016 W MOUNTAIN AVE FRARE BARBARA L 1016 W MOUNTAIN AVE FORT COLLINS CO 805210000 FORT COLLINS /110769 23047 2 9711308005 1009 LAPORTE AVE KEOGAN CHRISTOP HER 1009 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS 1133 45679 3 9711308026 948 W MOUNTAIN AVE KINNEY RICHARD M/M JANE 948 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS 1133 23210 4 9711308008 1023 LAPORTE AVE RIEMER WINDY M 232 WILLARD AVE SAN FRANCISC Id Parcel Number Site Address Name Name1 Mailing Address Mailing City Mailing State Mailing Zipcode Site City Sub Number GIS ID 12 9711308013 124 N SHIELDS ST LAGUEUX DAVID J/MEGAN M 124 N SHIELDS ST FORT COLLINS CO 80521 FORT COLLINS 1133 44505 13 9711308030 130 N MACK ST ANDERSON CATHERIN E E SPENCER BONNIE SARAH 130 N MACK ST FORT COLLINS CO 805212417 FORT COLLINS 1133 44478 14 9711302038 107 N MACK ST SCHAULIN FREDERIC K S 215 BLOCK DR FORT COLLINS CO 80524 FORT COLLINS /110769 23053 15 9711308016 117 N MACK ST TIMOCK ADAM M/KRYSTL J 117 N MACK ST FORT COLLINS Id Parcel Number Site Address Name Name1 Mailing Address Mailing City Mailing State Mailing Zipcode Site City Sub Number GIS ID 24 9711302014 1010 W MOUNTAIN AVE JONES KEVIN/BON NIE B PETTY 1010 W MOUNTAIN AVE FORT COLLINS CO 80521-2404 FORT COLLINS /110769 23051 25 9711308017 121 N MACK ST REESE JOSEPH 121 N MACK ST FORT COLLINS CO 80521-2416 FORT COLLINS 1133 24038 26 9711308006 1015 LAPORTE AVE COLLINS ANDREW S 1015 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS 1133 100923 27 9711308019 127 N MACK ST NAGEL JAMES H/DIANE M 928 W OAK ST FORT COLLINS CO 80521-2516 FORT COLLINS 1133 44489 28 9711302043 970 Agenda Item 3 STAFF REPORT October 9, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2780 PROJECT DESCRIPTION Address: 200 E Swallow Road Petitioner/Owner: Susan Brabson Zoning District: R-L Code Section: 3.8.3(5) Project Description: The variance is to approve retail sales as part of a home occupation. Home occupations are allowed as an accessory use in a dwelling if the sale of stock, supplies or product is incidental. RECOMMENDATION: Staff recommends approval of Appeal #2780 to allow a home occupation to conduct non-incidental retail sales with conditions that no product, stock, or supplies are kept or delivered on site except for 1 sample of each that are displays only and not sold and that there is only 1 customer at a time on site. STAFF COMMENTS: 1. Background: The ability to make retail purchases has increased from years past. Many home occupations for online sales have been issued in past. The online sales home occupation was deemed as an office use because the customer did not come to the property. 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 non-incidental retail sales as a home occupation with the conditions that no product, stock, or supplies are kept or delivered on site except for 1 sample of each that is for display only and not sale and that there is only 1 customer at a time on site:  That the granting of the variance would not be detrimental to the public good.  With only 1 customer at a time coming to the site to see and feel the sample product, this would be a similar impact of a home occupation that provides a personal service.  Therefore, the variance will not diverge from the standard except in a nominal, inconsequential way when considered in the context of the neighborhood and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of Appeal #2780 with conditions. NOLAND JOHN C/CATHERINE R 121 E SWALLOW RD UNIT 115 FORT COLLINS, CO 80525 JOHNSTON SUSAN E 121 E SWALLOW RD UNIT 204 FORT COLLINS, CO 80525 MCCURRY JOHN OTIS 1186 CORDOVA DR LUSBY, MD 20657 BRABSON SUSAN J 200 E SWALLOW RD FORT COLLINS, CO 80525 BUTLER JAMES E JR/JULIANNA 121 E SWALLOW RD UNIT 203 FORT COLLINS, CO 80525 , KRAUS MELISSA 208 E SWALLOW RD FORT COLLINS, CO 805250000 EVERITT PLAZA LLC 3030 S COLLEGE AVE UNIT 200 FORT COLLINS, CO 805252557 CLARK DOROTHY H 201 LINDA LN FORT COLLINS, CO 80525 WITMER BETTY J REVOCABLE TRUST 204 E SWALLOW RD FORT COLLINS, CO 80525-2540 BINDER BUFFY S 209 E SWALLOW RD FORT COLLINS, CO 80525 HYLAND STEVEN C 3400 TERRY POINT DR FORT COLLINS, CO 80524 WALKER LAIRD M 3100 REMINGTON ST FORT COLLINS, CO 80525-2602 BLACK JOHN CHARLES 209 LINDA LN FORT COLLINS, CO 80525-2514 Agenda Item 4 STAFF REPORT October 9, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2781 PROJECT DESCRIPTION Address: 810 N. College Ave. Petitioner: Joe Dice Owner: The Grow Shop LLC Zoning District: C-S Code Section: 3.8.7(D)(5)(a), 3.8.7(G)(1), 3.8.7(G)(2), 3.8.7(G)(6) Project Description: This property has an existing ground sign and freestanding sign located on it. The ground sign was installed with a sign permit and the freestanding sign was installed in the wrong location. The variance will: 1) allow a new ground sign to be constructed 10 feet into the required 10 feet setback for a sign with an overall height of 9.125 feet instead of the maximum 7 feet height allowed at a 0 feet setback; 2) allow 1 freestanding and 1 ground sign on the property with only 1 street frontage; 3) allow the existing freestanding sign to remain 10 feet in to the required 10 feet setback from the right-of-way; 4) allow the existing free standing sign to remain 15 feet into the required 15 feet setback from the north property line. 5) allow the existing freestanding sign to remain as is without a base or pole cover; 6) allow an additional 36 square feet of sign allowance for the existing freestanding sign. The existing ground sign would need to be removed. RECOMMENDATION: Staff recommends approval of portion of Appeal #2781 to allow 1 freestanding sign and 1 ground sign on a property that has only 1 street frontage with the condition that freestanding sign is signage for the use of the property located at 814 N College Ave. Staff recommends approval of portion of Appeal #2781 to allow the existing freestanding sign to remain 10’ into the required 10’ setback from the right-of-way with condition that this sign is for the use of the property located at 814 N College Ave. Staff recommends approval of portion of Appeal #2781 to allow the existing freestanding sign to remain 15’ into the required 15’ side setback with condition that this sign is for the use of the property located at 814 N College Ave. Staff recommends approval of portion of Appeal #2781 to allow the existing freestanding sign to remain as is without the required base or pole cover until Dec 30th, 2019 with condition that this sign is for the use of the property located at 814 N College Ave. Staff recommends approval of portion of the Appeal #2781 to allow an additional 36 square feet of sign allowance for the existing freestanding sign with condition that this sign is for the use of the property located at 814 N College Ave. Agenda Item 4 Staff recommends denial of portion of the Appeal #2781 to allow a new ground sign to be constructed 10’ into the required 10’ setback for a sign with an overall height of 9.125’ instead of the maximum 7’ height allowed. STAFF COMMENTS: 1. Background: The existing freestanding sign advertises the liquor store located at 814 N College Ave, which is the lot to the north of 810 N College Ave. The ZBA granted a variance in 2011 to allow the previously existing liquor store sign to be relocated on the lot as a result of the North College Improvements Project. That variance allowed the 12’ tall sign to be at a 0’ setback from both the front lot line along College Ave and the south side lot lone of 814 N College Ave. A sign permit was issued in 2012 for the relocated sign per the variance approval in 2011. It was discovered later that the sign was mistakenly installed on the wrong side of the side lot line, resulting in it actually being located on the 810 N College Ave property. The ZBA heard an appeal during the June 2014 meeting requesting the enlargement of the existing freestanding sign to accommodate the combining advertisement of both the liquor store on 814 N College Ave and the Grow shop on 810 N College Ave. At that time ownership of the existing freestanding sign was not clear. The ZBA decided to table the item until ownership was determined. Since the June 2014 ZBA meeting, the sign company who relocated the freestanding sign in the wrong location has offered to build a new sign for the property owner of 810 N College Ave. This new sign would replace the existing ground sign and be located closer to 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 approval of the following variance requests with the condition that the existing freestanding sign is the signage for the use of the property located at 814 N College Ave: • To allow 1 freestanding sign and 1 ground sign on a property that has only 1 street frontage • To allow the existing freestanding sign to remain 10’ into the required 10’ setback from the right-of- way • To allow the existing freestanding sign to remain 15’ into the required 15’ side setback • To allow the existing freestanding sign to remain as is without the required base or pole cover until Dec 30, 2019 when all existing pole signs have to come into compliance. • To allow an additional 36 square feet of sign allowance for the existing freestanding sign Staff finds the approval of the above stated variances: • The granting of the variance would not be detrimental to the public good. • The freestanding sign already received variances to be located at the same height size and setback at approximately 2’ to the north of its current location. • The base or pole cover standard allows existing pole signs to remain without a base or pole until Dec 3, 2019. • Therefore, staff finds that these variances will not diverge from the standard but in a nominal, inconsequential way when considered in the context of the neighborhood. Staff recommends denial of the variance request to locate a new ground sign to be constructed 10’ into the required 10’ setback for a sign with an overall height of 9.125’ instead of maximum 7’ height allowed. • The proposed ground sign can reduce the height of the 3’ base by 2.125’ and meet the standards of the Land Use Code and not have to reduce the square footage of the sign. 4. Recommendation: Staff recommends approval of 5 of the variance requests with the condition that the existing freestanding sign is signage for the use of the property of 814 N College Ave and denial of 1 variance request found in Appeal #2781. To whom it may Concern, The zoning board may elect to grant variances where it finds that 1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property. This section applies to the situation explained herein. There is currently a sign on the property located at 810 N. College Ave. which was moved during the north college improvements. The problem facing me as the owner is that neither of the adjoining properties signs were required to meet normal setbacks. This has caused my sign to be blocked from view of my potential customers on North College Ave and renders my sign ineffective. I feel that granting approval for the sign variance is the best option available for all parties involved; the City of Fort Collins, my neighbors and I. My sign used to be in the center of my lot at the same set back as both adjoining properties so our signs were in a uniform row. At the time of the construction, the city said they needed to take my sign down as it was in a section of the property that was part of the construction easement. That part of the property would be returned to me once the construction was complete. When I went to replace my sign, the zoning department said I had to comply with applicable zoning rules for setbacks. My neighbors knew about applying for a variance. I did not know what that was at the time. I just followed the instructions given to me by zoning and didn’t return my sign to its original location as I wanted to but, followed the rules as described to me. I went so far as to update my sign with modern pole covers and how electrical was done. As you can see by my photos, none of this was required of my neighbors. I want the same consideration as my neighbors to have my sign visible to my customers. I also request this as I was trying to just make one nice sign with my neighbor who has placed his sign on my property. This North College Ave. improvement, which I have a payback attached to my property has caused me a lot of extra work that most others have not had to endure. To leave my sign at the required set back, but, to move to the center of my property would eliminate all parking that was awarded me in the city design of the improvements. You can see that on the city drawings. The only way it can work is to move the sign all the way to north or south set back. We have done this but since adjoining property wasn’t required to move their sign it blocks mine. If I move it to north side of property it will seal off parking lot and no cars can get into my parking lot. The only way I can use my parking lot and still have my sign visible is this variance I am requesting. The reason I am requesting a lower sign is the city planted trees right in front of my property. Nowhere else on North College Ave did the city do this in the past, Only during this improvement. Once the trees mature my building and sign will be all but invisible to passing traffic. It is my intention to have a lower sign such as others affected by this development have opted for…Jax, Kens Muffler, Fort Collins 4x4 and Auto zone all have the type of sign I am requesting. I also feel it will be safer so no one hits the sign or hits their head riding past my sign. WALTERS ROBERT W 2148 SHEFFIELD DR FORT COLLINS, CO 80526-1639 L AND W PROPERTIES 2057 VERMONT DR FORT COLLINS, CO 805252913 HSH LLC PO BOX 7383 LOVELAND, CO 805370383 GARA LLC PO BOX 7383 LOVELAND, CO 805370383 BOWL FORT COLLINS LLC 217 W HORSETOOTH RD FORT COLLINS, CO 80525 ZALLI AJET 800 N COLLEGE FORT COLLINS, CO 80524 EIGHT14 LLC 814 N COLLEGE AVE FORT COLLINS, CO 80524 GROW SHOP LLC THE PO BOX 1428 FORT COLLINS, CO 80522 ZALLI AJET 3954 BOULDER DR LOVELAND, CO 80538 Agenda Item 5 STAFF REPORT October 9, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2782 PROJECT DESCRIPTION Address: 504 S. Whitcomb St. Petitioner/Owners : Robert & Kristin Kirkpatrick Zoning District: N-C-B Code Section: 3.8.11(C)(1) Project Description: The variance would allow a 6 feet tall fence in the front yard along the north property line. The Land Use Code allows fences in the front yard up to 4 feet above the finished grade. RECOMMENDATION: Staff recommends the approval of Appeal #2782 to allow a fence in the front yard along the north property line to be 2 feet higher than the maximum 4 feet height. STAFF COMMENTS: 1. Background: The code restricts the height of front yard fences to a maximum of 4' in order to avoid a 'tunneling' effect along the City's streetscapes. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends the approval of the variance request to allow a fence to be taller than 4’ when located in the front yard of the property, and finds that:  The granting of the variance would not be detrimental to the public good.  The fence is perpendicular to the streetscape avoiding a “tunneling’ effect  The fence is not located in directly in front of the house and does not extend to the public sidewalk.  Therefore, staff finds the variance will not diverge from the standard of the code except in a nominal, inconsequential way when considered in the context of the neighborhood and it will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of Appeal #2782. September 9th , 2014 Dear Mr. Beals and Members of the Zoning Board of Appeals, Thank you for taking the time to review our variance request to build a small section of fence in excess of the 4-foot height restriction for a front yard fence. There are a variety of reasons for which we are seeking this variance. We recently moved into the property at 504 South Whitcomb. Generally speaking, we adore the property and this quirky and dynamic location on Whitcomb Street. As you can see from the materials prepared for you, we are one house in from Mulberry, with the structure directly north of our property functioning as a business. We are constructing a front yard fence because we have two curious small children and one very friendly golden retriever, all of whom would benefit from a physical barrier to entering a very busy public realm. The fence we are constructing on the west side of the property, adjacent to Whitcomb, is at a four foot height and open in nature with attractive landscaping. The only section that we are seeking a variance for is a small 26’ section on the north side of the property in which we would like to construct a solid 6-foot fence with attractive detailing. Our desire to do this is two-fold. During the daytime, the additional two feet in height would provide a nice buffer to the noise and business on Mulberry Street and the comings and goings of the clients and practitioners at the Wellness Center located in the property adjacent to us to the north. Secondly, the fence would provide a nice visual buffer from the marquee-style lights of Aggie Liquors when sitting on our front porch during the evening hours. We believe that this variance request is nominal and inconsequential. I believe that the purpose of prohibiting tall fences in front yards is to discourage a tunnel effect and to promote a positive pedestrian experience. We believe that the height variance in the proposed location would not hinder a positive pedestrian experience in the slightest, especially from the sidewalk because the height increase as proposed is set back is just shy of 9-feet from the sidewalk. In addition, the beginning of the proposed 6-foot height section starts where there are mature trees that buffer the massing of the fence and might make it feel somewhat inconspicuous. Since the structure to which it would have the most impact is a business, we also do not think that it would have an adverse impact on our neighbors. Because of the mature vegetation and the congested nature of Whitcomb, it appears that the Wellness Center provides most of its signage targeted at Mulberry Street. We fully realize that we purchased a home in location with some externalities. The business of Mulberry, the adjacent proximity of the Wellness Center, and the lights of Aggie Liquors where all existing conditions when we moved here. We are merely seeking this variance to try to improve the livability and quality of life for our family. We do truly believe that this request is nominal and inconsequential. We welcome your thoughtful dialogue and questions and thank you again for your consideration of this request. Best regards, Robert & Kristin Kirkpatrick BUNGALO W CT MCCABE ERIN MICHAEL 970 BUNGALO W CT FORT COLLINS CO 80521-2519 FORT COLLINS /110769 101080 29 9711308015 112 N SHIELDS ST CALLAWAY JEFFREY RYAN EDWARDS- CALLAWAY LILY NOWELL 112 N SHIELDS ST FORT COLLINS CO 80521 FORT COLLINS 1133 104733 30 9711308033 1001 LAPORTE AVE HOOVER CALEB T/ELISABET H A 1001 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS 1133 45681 31 9711308002 951 LAPORTE AVE LAUREN KATHLEEN ANN 951 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS 1133 127509 CO 80521 FORT COLLINS 1133 98242 16 9711308020 131 N MACK ST DAVISON RICK W/JUDY A 131 N MACK ST FORT COLLINS CO 80521-2416 FORT COLLINS 1133 128584 17 9711308028 122 N MACK ST BAILEY ROSEMARI E F 122 N MACK ST FORT COLLINS CO 80521-2417 FORT COLLINS 1133 44511 18 9711308031 126 N MACK ST ROEDER GREG/JAM ES/NAOMI 126 N MACK ST FORT COLLINS CO 80521 FORT COLLINS 1133 125317 19 9711302801 89875 20 9711308011 128 N SHIELDS ST MCMANAM AN JAMES C/LAURA A 128 N SHIELDS ST FORT COLLINS CO 80521 FORT COLLINS 1133 110284 21 9711308032 BENNETT DOUGLAS 521 N WHITCOMB FORT COLLINS CO 80521 1133 44475 22 9711308007 1019 LAPORTE AVE ALDRICH THEODORE L/SOPHIA L 1319 CENTENNI AL RD FORT COLLINS CO 805252371 FORT COLLINS 1133 45678 23 9711302015 1014 W MOUNTAIN AVE MOORE MARK A TRUST MOORE SHANNON D 1014 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS /110769 89876 O CA 94118 FORT COLLINS 1133 112147 5 9711302017 1032 W MOUNTAIN AVE ROF PROPERTI ES LLC 5271 S YAMPA ST CENTENNI AL CO 800152327 FORT COLLINS /110769 23050 6 9711308014 120 N SHIELDS ST SCHADE GREGORY M 120 N SHIELDS ST FORT COLLINS CO 80521 FORT COLLINS 1133 24037 7 9711308003 1005 LAPORTE AVE SHADDEAU BRENT DONALD SHADDEAU HEATHER WHITAKER 1005 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS 1133 45680 8 9711302013 1006 W MOUNTAIN AVE STEWART ANNE T 1006 W MOUNTAIN AVE FORT COLLINS CO 80521-2404 FORT COLLINS /110769 3661 9 9711308018 123 N MACK ST HORAK CONSTANC E MARIE HORAK GERALD CHARLES 123 N MACK ST FORT COLLINS CO 80521-2416 FORT COLLINS 1133 44506 10 9711308029 118 N MACK ST HOFFMAN SARA M 120 N GRANT AVE FORT COLLINS CO 80521 FORT COLLINS 1133 89870 11 9711308001 947 LAPORTE AVE MARSHALL CHRISTOP HER E 926 W MOUNTAIN AVE FORT COLLINS CO 80521 FORT COLLINS 1133 112148 P4 PAINT COLORS P2 P3 P4 P1 P COLOR KEY SPACERS - PTM WALL COLOR ________? 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