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HomeMy WebLinkAbout04/10/2014 - Zoning Board Of Appeals - Agenda - Regular MeetingCommunity Development & Neighborhood Services 281 N. College Ave. - P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6750 - 970.224.6134 (fax) www.fcgov.com/development ZONING BOARD OF APPEALS City Council Chambers - 300 LaPorte Ave Thursday, April 10, 2014 - 8:30 a.m. SUMMARY AGENDA Roll Call Approval of the Minutes from the previous meeting Appeal: 2758 405 E. Laurel St. The variances will: 1) reduce the minimum required rear yard setback from15 feet to 22 inches; 2) reduce the required side yard setback along the west lot line from 5 feet to 20 inches; 3) increase the maximum allowed floor area in the rear half of the lot from 825 square feet to 956 square feet in order to allow the existing 98 square foot rear porch to be demolished and replaced with a 180 square foot porch. The rear and side yard setback variances are requested in order to allow the existing 218 square foot detached garage to be demolished and replaced with a new 308 square foot garage; to be located at the same rear and side yard setbacks as the existing garage. Code Sections: 4.8(E)(3), 4.8(E)(4), 4.8(D)(3) Petitioner: Paige Lunberry Zoning District: NCM Appeal: 2759 1212 E. Vine Dr. The variance will allow the existing office/maintenance shop building to be enlarged by 1000 square feet and will allow the existing building height to be increased by approximately 8 feet. The 1000 square foot 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. Code Sections: 4.12(B)(1)(b) Petitioner: Sterling Crane Zoning District: T Appeal: 2760 333 Albion Way The variance will allow a fence to be taller than 4 feet in height when located in the front yard of the property. Specifically, the variance will allow a 6 foot tall cedar privacy fence to be constructed in what is considered to be the front yard area on the east side of the house. Code Sections: 3.8.11(C)(2) Petitioner: Paul and Zach Eckman Zoning District: LMN April 10, 2014: Zoning Board of Appeals Public Hearing Page 2 Other Business: AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – April 10, 2014 at 8:30 a.m. Appeal: 2758 405 E. Laurel St. Supporting documentation • Applicant’s application for variance • Applicant’s written statement • Architectural drawings and plot plan • Letters to Adjacent Property Owners (APO’s) • List of names and mailing addresses of adjacent property owners within 150 feet of variance request address • Correspondence from adjacent property owners To: Zoning Board of Appeals City of Fort Collins March L],20t4 From: Paige & Paula Lunberry 1805 Rainbow Dr. Fort Collins, CO 80524 Re: Variance Request for 405 E. Laurel St., Fort Collins, CO 80524 Legaf : N L00 FT OF LOT 11, BLK L57, GALLIGANS SUB OF BLK 157 & 167, tTC Members: We are requesting a variance to Land Use Code in 2 areas, the FAR ratio and setback requirements. We feel that we meet two of the conditions required to be granted a variance. One, by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property and two, 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. The lot is 50 ft. wide and 100 ft. deep or a total of 5000 square feet. The FAR square foot ratio for a 5000 sq. ft. lot is 2000 sq. ft. This we will not exceed. As proposed, the total square footage for the house and garage will be 1635. The FAR ratio allowed for the rear 50% of this lot is 625 sq. ft. Our current existing FAR sq. ft. for the rear 50% of the lot, including the detached garage (21-8 sq. ft.) is approximately 784 sq. ft. The proposed addition and garage plus the existing house sq. ft. siting on the rear 50% of the lot would be 956 sq. ft.; a difference of an additional L72 square feet. We propose removing the existing covered and enclosed rear porch {98 sq. ft.}that is sitting on timber posts and stones. This porch was probably enclosed long before I purchased the property in L976. tt has settled and the floor slopes. Animals, I assume skunks, raccoons, foxes, etc., make their home under the porch. They are industrious and continue to dig holes despite my many attempts to block their entrances. The proposed addition would be 10' x 18' compared to the existing 6'L0" x L4'2" parch. This is an additional 82 sq. ft. We propose replacing the existing 10'3" x 21'3" garage with a L4' x22' garage. An additional 9" would extend to the front of the garage and 3'9" would extend to the East or middle of the property. The current West and South walls would not be moved and remain in their presenf nonconforming location. The existing concrete floor has disintegrated and is at ground level so water runs into the garage from both sides resulting in a rotting sill plate. The existing width and length does not allow for someone to easily exit their vehicle once in the garage or allow for bike storage. We would like a functional garage using the current South and West setbacks. Even in the present condition we are not compliant with the current FAR square feet ratio. We believe this to meet the "exceptional physical conditions" requirement for a variance to be granted. The additional 172 square feet for the garage and addition would diverge only in "a nominal, inconsequential way when considered in the context of the neighborhood". The 2 adjacent houses to the West and East are in same position as we are with 5000 sq. ft. lots and l'm reasonably certain, the FAR square feet and setbacks do not meet the current Land Use Code. I believe the house to the West was granted a variance less than 2 years ago for their addition and setback adjustments. 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Box 580 Fort Collins, CO 80522 970.221.6750 - 970.224.6134 (fax) 4/1/2014 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (2) the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: has been requested by: for the following described property: 4.8(E)(3), 4.8(E)(4), 4.8(D)(3) Paige Lunberry 405 E Laurel St The variance will: 1) reduce the minimum required rear yard setback from15 feet to 22 inches; 2) reduce the required side yard setback along the west lot line from 5 feet to 20 inches; 3) increase the maximum allowed floor area in the rear half of the lot from 825 square feet to 956 square feet in order to allow the existing 98 square foot rear porch to be demolished and replaced with a 180 square foot porch. The rear and side yard setback variances are requested in order to allow the existing 218 square foot detached garage to be demolished and replaced with a new 308 square foot garage to be located at the same rear and side yard setbacks as the existing garage. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2758 As an adjacent property owner, your input would be appropriate in the consideration of the variance request. The hearing on this appeal will be held at 8:30 am on Thursday, April 10, 2014 in the Council Chambers at 300 LaPorte Ave. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call 970-221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator at (970) 416-2355. Zoning Administrator Easy Peel@ Labels Use Avery@ Template 5160@ FRITCH KURT O ,I683 GREEN RIVER DR wtNDsoR, co 80550 I r r Bend along lineto i j reed Paper r expose Pop-ip EdgeIM i I AVERY@ s16o@ ! l FINNERry PATRICIA MARIE 4OI E LAURELST FORT COLL|NS, CO 805240000 REPERTAMANDA L 412 E LAUREL ST FORT COLLTNS, CO 80524 KAHLE RANDOLPH S/TERESA S 419 E LAUREL ST FORT GOLLINS, CO 80524 HOAG DANA L 4{5 E LAUREL ST FORT COLLINS. CO 80524-3{53 LUNBERRY PAIGE E/PAULA CHRISTOPHER JAMES SCOTT/NANCY JONES WLLIAM E III/KELLY C 1sO5RAINBOWDR A 421 ELAURELST FORT COLL|NS, CO 80524-{929 716 PETERSON ST FORT COLLINS, CO 80524-3153 FORT COLLTNS. CO 80524-3319 MAGENNIS ANN L TRUST 708 PETERSON ST FORT COLL|NS, CO 80524-3319 BURGESS CURTIS L 707 PETERSON ST FORT COLL|NS, CO 80524 CANNAN JOHN H 4420 GROVE FIELD PARK suwANEE, GA 300246781 BRUYERE BRETT 640 PETERSON ST FORT COLL|NS, CO 80524-3134 JOSEPH STEPHEN MACK TRUST 420 E LAUREL ST FORT COLLTNS. CO 80524 YOUNGQUIST ADAM J/BERNADETTE J 710 PETERSON ST FORT COLLTNS, CO 80524 HOBBS N THOMPSON 6,14 PETERSON ST FORT COLL|NS, CO 80524 MOSNIK DAVID V/LOUISE Z 411 E LAURELST FORT COLL|NS, CO 80524-3153 Etiquettes faciles A peler i S"i O" Repliez A la hachure afin de I wwvv.avery.com i Utilisez le gabarit AVERY@ 5160@ j crrargement reveler le rebord pop-upMc j 1-800-Go-AvERY i April 5, 2014 Peter Barnes Zoning Administrator, City of Fort Collins Re: 405 E. Laurel St. Modification Request As the next door neighbors immediately to the east of the 405 E. Laurel for the last 34 years, we want to recommend the request for modifying the zoning code to facilitate the repairs and improvements to 405 E. Laurel St. be approved. Due to the size of the surrounding lots and when our homes were built, most all of us in the neighborhood have some features that probably do not meet the current building code so the Lunberry’s request is reasonable. They have been good owners and I’m sure anything they do will improve the home and be an asset to our neighborhood. Please approve their request to modify the current code. Regards, Dave & Louise Mosnik Dave and Louise Mosnik 411 E. Laurel St. 221-2093 home 217-4822 cell Subject Zoning Modification for 405 E. Laurel From Magennis,Ann To Peter Barnes Sent Sunday, April 06, 2014 11:21 AM Mr. Barnes, I received the notice about the variance request (Appeal Number 2758) made by Paige Lunberry for 405 E. Laurel. I cannot attend that meeting so I am writing instead. The lot size for 405 E. Laurel is quite small and the house and garage already exceed the building codes, so virtually any modifications to the property would require a zoning modification. Already this corner at Peterson and Laurel is excessively crowded with the addition that had been made to 401 E. Laurel a bit more than a year ago. Building a new garage at 405 E. Laurel that is larger than the existing garage and so that it could be used for a car makes sense, unless one would simply tear down the garage and not build another structure in its place. The proposed addition to the back porch, at least according to the plan that Mr. Lunberry showed me, is not outrageous. Its just that the porch addition and the new garage will take up almost the entire back yard. It seems that all of the zoning modifications made to this corner of Fort Collins are out of control, beginning with the change in the lots at 708 and 710 Peterson 15 years ago or so. However, what's done is done. I bought the house I live in, and I have to deal with it. Given that the carport at 401 E. Laurel, the existing garage at 405 E. Laurel, and my garage at 708 Peterson are already excessively close to one another, it hardly seems that the situation would be worsened all the much by building a larger garage than what currently exists. In short, I will not protest the modifications proposed by Mr. Lunberry for 405 E. Laurel. Sincerely, Ann L. Magennis 708 Peterson St. 80524 Ann Magennis Department of Anthropology Colorado State University Fort Collins, CO 80523‐1787 970‐491‐5966 FAX: 970‐491‐7597 Zoning Modification for 405 E. Laurel Monday, April 07, 2014 12:59 PM Boards Page 1 Subject Zoning Board of Appeals, Appeal Number 2758 From chip.cannan@gmail.com To Peter Barnes Sent Friday, April 04, 2014 4:33 PM Mr. Barnes, Please submit my comments below for consideration regarding the Zoning Board of Appeals agenda Appeal number 2758. I request that the Zoning Board of Appeals deny the variance requested by Ms. Paige Lunberry, for the property at 405 E. Laurel Street, Fort Collins, CO 80524. As a long time former resident (my father purchased the house in the 1960s), and current, long time owner (since 1991) of 712 Peterson Street I can say without pause that this proposed variance is not in the best interests of the neighborhood, and will, without doubt, further damage its unique character and lower surrounding property values (including mine). The Laurel/Peterson area of Fort Collins is renowned for its smaller, historical houses, built on large extended lots (~9500 square feet), full of fruit trees. Many, many people find these characteristics desirable as the property values reflect. Most of the houses in the neighborhood were built between 1900 - 1920, are architecturally distinct, and are relatively smaller (1000 - 1500 sq ft) than newer homes. There are some exceptions in the neighborhood, but even most of those were built prior to 1970 on the original large lots. Needless to say smaller houses on larger lots aren't built like that anymore! We are fortunate to still have a number of historical houses built on those originally sized lots. I understand that in this case the existing garage will be demolished and a newer bigger garage will be located at the same rear and side yard setbacks as the existing garage, but the garage will be almost 100 square feet bigger (meaning less open space). Also the rear porch will be expanded (almost doubled in size) from 218 square feet to 308 square feet, again reducing the amount of open lot space. There are plenty of neighborhoods in Fort Collins offering larger houses on smaller lots, there are very few that still have the historical flavor of the old town area. Every time a larger home or subsequent addition is constructed that old town charm erodes, and harms the neighbors, neighborhood, and surrounding property values. I strongly urge the Zoning Board of Appeals to recognize the unique character of this area, strive to preserve it and deny this variance request. While I will thank the Zoning Board of Appeals for their consideration of my request to deny the variance, I will also note that this is probably the fifth or sixth such request for modification of the Zoning Code of the City of Fort Collins that I have been invited to consider. I presented similar objections to all those variance requests, and all of them were approved. To say that I have much faith in the process would be an overstatement. John Cannan Owner of 712 Peterson St., Fort Collins, CO 80524 (321)223-6775 Zoning Board of Appeals, Appeal Number 2758 Monday, April 07, 2014 12:46 PM Boards Page 1 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – April 10, 2014 at 8:30 a.m. Appeal: 2759 1212 E. Vine Dr. Supporting documentation • Applicant’s application for variance • Applicant’s written statement • Architectural drawings and plot plan • Letters to Adjacent Property Owners (APO’s) • List of names and mailing addresses of adjacent property owners within 150 feet of variance request address NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. The effective date of this Commitment is: December 31, 2013 at 7:00 A.M. 2. The proposed form of policy (or policies) to be issued is: ALTA Owner’s (REV. 06/17/06) 3. The proposed insured value of the policy (or policies) to be issued is: Owner’s: $765,000.00 4. The proposed insured for the policy (or policies) is: Owner’s: Sterling Crane, LLC 5. The estate or interest in the land described or referred to in the Commitment and covered herein is: A Fee Simple 6. Title to said estate or interest at the date hereof is vested in: Dos Rios LLC, a Colorado limited liability company 7. The land referred to in this policy is described as follows: (See “Exhibit “A” attached) (for informational purposes only) 1200 E. Vine Drive, 1212 E. Vine Drive, Fort Collins, CO 80524 NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 EXHIBIT “A” LEGAL DESCRIPTION Parcel One: A tract of land situate in the Southwest ¼ of Section 6, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of the Southwest ¼ as bearing N89° 16’E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the North line of East Vine Drive which bears N89°16’E 285.00 feet, and again N00°58’E 30.01 feet from the Southwest corner of said Section 6; Thence N00°58’E 440.00 feet; Thence S89°02’E 499.79 feet; Thence S00°58’W 83.04 feet; Thence N88°58’30”W 225.44 feet; Thence S56°01’30”W 304.21 feet; Thence S00°58’W 182.21 feet to a point on the North line of East Vine Drive; Thence S89°16’W 24.99 feet to the point of beginning, County of Larimer, State of Colorado Parcel Two: A tract of land situate in the Southwest ¼ of Section 6, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which considering the South line of the Southwest ¼ as bearing N89°16’E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the North line of East Vine Drive which bears N89°16’E 285.00 feet, and again N00°58’E 30.01 feet and again N89°16’E 24.99 feet from the Southwest corner of said Section 6; Thence N89°16’E 475.01 feet along the North line of East Vine Drive; Thence N00°58’E 342.13 feet; Thence N88°58’30”W 225.44 feet; Thence S56°01’30”W 304.21 feet; Thence S00°58’W 182.21 feet to the point of beginning, County of Larimer, State of Colorado. NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 SCHEDULE B-SECTION 1 REQUIREMENTS The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Evidence that any and all assessments for common expenses, if any, have been paid. d. Recording Statutes require that all documents submitted for recording must contain a one inch margin along the top and a one-half inch margin along the sides and bottom of each page. The county clerk and recorder may reject any document that does not comply. Note: Effective August 1, 2004, most counties have indicated that they will start enforcing the above margin requirements and will reject any documents that do not comply. e. The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to approval by the Company, entered as the amount of the policy to be issued. Until the amount of the policy to be issued shall be determined and entered as aforesaid, it is agreed that as between the Company, the applicant for this Commitment, and every person relying on this Commitment, the Company cannot be required to approve any such evaluation in excess of $50,000.00, and the total liability of the Company on account of this Commitment shall not exceed said amount. f. This commitment is subject to such further exceptions and/or requirements as may appear necessary when the name of the proposed insured has been disclosed. g. Furnish for recordation a full release of deed of trust: Amount: $241,175.52 Trustor/Grantor: Dos Rios LLC, a Colorado limited liability company Trustee: Public Trustee of Larimer County Beneficiary: Colorado Business Bank Dated Date: March 18, 2013 Recording Date: April 3, 2013 Recording No: Reception No. 20130025545 h. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. NOTE: A real property transfer declaration must accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: A notation of the legal address of the purchasers, (not necessarily the same as the property address) must be included on the face of the deed to be recorded, pursuant to Colorado Revised Statutes. NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 i. Recording Statutes require that all documents submitted for recording must contain a return address on the front page of every document being recorded. Statement of Authority for Dos Rios LLC, a Colorado limited liability company recorded April 3, 2013 at Reception No. 20130025544 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Steven L. Price as Manager j. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. k. The Company will require that an Owner’s Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Vested Owner’s The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. l. The Company will require that a Purchaser’s Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Proposed Insured The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. m. The Company will require a survey of the subject Land, which is in compliance with minimum technical standards, prepared by a duly registered and licensed surveyor. If the owner of the Land the subject of this transaction is in possession of a survey, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be submitted to the Company for examination. In order to prevent delays, please furnish the survey at least 10 days prior to the close of this transaction. If an existing survey is to be relied upon, an affidavit from the seller(s)/mortgagor(s) must be furnished to the Company stating that no improvements have been made on the Land the subject of this transaction or adjacent thereto subsequent to the survey presented to the Company. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Note: Upon completion of the requirements to the satisfaction of the Company and payment of the premiums, Standard Exceptions 1 through 5 will not appear on the Policy(s) to be issued. NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 n. Upon verification of payment of all taxes for prior years, the exception relating to taxes under Schedule B of the policy(ies) to be issued will be amended to read as follows: Taxes and assessments for the year 2014 and subsequent years, a lien, not yet due or payable. NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 SCHEDULE B-SECTION 2 EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of way for the existing Dry Creek, and sometimes known as a drainage swale, as the same now traverses the subject land. 8. Terms, conditions, provisions, agreements and obligations contained in the Agreement with the City of Greeley as set forth below: Recording Date: July 27, 1906 Recording No.: Book 203 at Page 64 9. Subject to a power line that runs West to East through said land, as stated in the Deed recorded June 29, 1987 at Reception Numbers 87037637 and 87037638, and as shown on the Exemption Plat recorded June 29, 1987 at Reception No. 87037636, and re-recorded February 6, 2013 at Reception No. 20130009778 10. Terms, conditions, provisions, agreements and obligations contained in the Annexation Agreement with the City of Fort Collins as set forth below: Recording Date: September 25, 1987 Recording No.: Reception Nos. 87055875 and 87055876 NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 11. Subject to the effect of said land being included within the bounds of the Northern Colorado Water Conservancy District, as set forth in the Findings and Decree recorded September 30, 2010 at Reception No. 20100058874. 12. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. NBU No.: 21400059 Local No.: 508-F0472918-017-017 Issued: 01/14/2014 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. END Community Development and Neighborhood Services 281 N. College Ave. - P.O. Box 580 Fort Collins, CO 80522 970.221.6750 - 970.224.6134 (fax) 4/1/2014 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (2) the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: has been requested by: for the following described property: 4.12(B)(1)(b) Sterling Crane 1212 E Vine Dr The variance will allow the existing office/maintenance shop building to be enlarged by 1,000 square feet and will allow the existing building height to be increased by approximately 8 feet. The 1,000 square foot 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. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2759 As an adjacent property owner, your input would be appropriate in the consideration of the variance request. The hearing on this appeal will be held at 8:30 am on Thursday, April 10, 2014 in the Council Chambers at 300 LaPorte Ave. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call 970-221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator at (970) 416-2355. Zoning Administrator Ownershipnear1212VineDrive 3/11/2014 1212EVineDrive,FtCollins,CO Address OwnerName MailingAddress City,STZip 11200EVINEDR DOSRIOSLLCc/oJOHNTKEARNS 17521W54THPL GOLDENCO80403 2noaddress John&GingerGraham 7321FLAGSTAFFRD BOULDERCO80302 3BNSFRailwayCorporateHeadquarters 2650LouMenkDrive FortWorth,TX76131 4noaddress ToniaNiforos POBOX270303 FORTCOLLINSCO80527 51142LOPEZCT MelissaBower 1142LOPEZCT FORTCOLLINSCO80524 61138LOPEZCT ANDREWA&KATINAMHERNANDEZ 1138LOPEZCT FORTCOLLINSCO80524 71134LOPEZCT CATHERINECRIBARI 1134LOPEZCT FORTCOLLINSCO80524 81130LOPEZCT DonnaDees 1130LOPEZCT FORTCOLLINSCO80524 91126LOPEZCT TONYM&LIZGARCIA 1126LOPEZCT FORTCOLLINSCO80524 10 1122LOPEZCT JUANESCOBARORTEGA&LISALEMOSͲESCOBAR 1122LOPEZCT FORTCOLLINSCO80524 11 1118LOPEZCT MANUELPEREZ 1118LOPEZCT FORTCOLLINSCO80524 12 62610THST THOMAS&SHELLIECOLVIN 62610THST FORTCOLLINSCO80524 13 61710thSt WDAHOLDINGSLLCc/oBrittanyAubrieAnderson 15542NDSTSE LOVELANDCO80537 14 6269THST ALMARODRIGUEZ 6269THST FORTCOLLINSCO80524 15 61110THST DEBRAFAYBUENO 61110THST FORTCOLLINSCO80524 16 6229THST PHYLLIS&LUPEGRODRIGUES 6169THST FORTCOLLINSCO80524  1 2 3 4 9 8 7 10 6 5 13 15 14 16 11 12 2 2 AGENDA Fort Collins Zoning Board of Appeals Council Chambers, City Hall West, 300 LaPorte Ave Regular Meeting – April 10, 2014 at 8:30 a.m. Appeal: 2760 333 Albion Way Supporting documentation • Applicant’s application for variance • Applicant’s written statement • Aerial views of property • Plot plan • Letters to Adjacent Property Owners (APO’s) • List of names and mailing addresses of adjacent property owners within 150 feet of variance request address Fence height variance - 333 Albion Way This is a request to vary the fence height requirement so that a fence can be constructed along Albion Way to a height of six feet and spaced back from the sidewalk two feet. This request is based upon the “hardship” consideration of Section 2.10.2(H)(1) of the Land Use Code and is supported by the following facts: 1. The lot upon which the fence is to be located is very shallow, long, and curiously shaped. It comes to a point on the East end. The shallowness results in an extremely small back yard and an extremely large side yard. 2. The occupants of the home have a small child and a dog. They would like to create a play yard for the child in the back and a separate place for the dog in the side yard. 3. The side yard without a fence is essentially useless. Yet, the occupants are crowded in the back yard with both the child and dog confined to that area. There is an obvious incapability that a dog presents with a child’s sand box. 4. Because of the exceptional shallowness of the lot, the owner and occupants are presented with an unusual and exceptional practical difficulty and hardship in creating a useable back yard for a child and also a place for the dog. 5. The above hardship is not caused by any act or omission of the occupant or the applicant. 6. The granting of this variance would not be detrimental to the public good, and from the standpoint of the health and safety of the family, by reason of separation of the dog from the sandbox, would actually be beneficial to the public good. Community Development and Neighborhood Services 281 N. College Ave. - P.O. Box 580 Fort Collins, CO 80522 970.221.6750 - 970.224.6134 (fax) 4/1/2014 LEGAL NOTICE The purpose of this letter is to inform you of a request for a modification of the Zoning Code of the City of Fort Collins. The procedure for a person requesting a modification of the Zoning Code is to make application and appear before the Zoning Board of Appeals. This Board has been established to hear cases, where: (1) by reason of exceptional situations or circumstances, the strict application of the regulation would result in peculiar and practical difficulties or exceptional undue hardship upon the owner of such property; (2) the proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested; or (3) the proposal will not diverge from the standards of the Land Use Code except in nominal, inconsequential way when considered in the context of the neighborhood, provided that the granting of a variance would not result in a substantial detriment to the public good. A variance of code sections: has been requested by: for the following described property: 3.8.11(C)(2) Paul and Zach Eckman 333 Albion Way The variance will allow a fence to be taller than 4 feet in height when located in the front yard of the property. Specifically, the variance will allow a 6 foot tall cedar privacy fence to be constructed in what is considered to be the front yard area on the east side of the house. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2760 As an adjacent property owner, your input would be appropriate in the consideration of the variance request. The hearing on this appeal will be held at 8:30 am on Thursday, April 10, 2014 in the Council Chambers at 300 LaPorte Ave. Those interested may appear at this meeting, or if unable to attend may submit comments in writing. Meeting sites are generally accessible to handicapped persons. If you are disabled and need assistance to participate, please call 970-221-6760. If you have any questions or comments, feel free to contact Peter Barnes, Zoning Administrator at (970) 416-2355. Zoning Administrator gSF