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HomeMy WebLinkAbout11/13/2014 - 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 NOVEMBER 13, 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 # 2783 Address: 5339 Jonathan Ct Petitioner/Owner: Douglas Krohn Zoning District: U-E Code Section: 4.2(D)(2)(d) Project Description: The variance would allow a 448 square foot addition on a detached garage to be built 14 feet into the required 20 foot side yard setback. 2. APPEAL #2784 Address: 4700 Lady Moon Drive Petitioner: Mark Ostrand Owner: Banner Health Zoning District: H-C Code Section: 3.8.7(E)(3), 3.8.7(E)(4), 3.8.7(G)(7) Project Description: The variances would allow the following: 1) An individual letter sign reading "AMBULANCE" to project an additional 6 inches above the building fascia than the allowed 12 inch projection; 2) An additional 10 ground signs (7 that are 7.9 square feet per face and 3 that are 30.7 square feet per face) along the internal driveway system that are larger in size than a typical 4 square foot directional sign and exceed the permitted number of ground signs and their permitted locations along streets. Four of the additional ground signs are located in the Non-residential Sign district and six are located in the Residential Sign district; 3) An additional ground sign along the street frontage of Lady Moon Drive that is 30.7 square feet per face in size to be located at a drive access to the right-of-way. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 November 13, 2014 3. APPEAL #2785 Address: 515 W. Mountain Ave. Petitioner: Alissa Strickland, RLA, ASLA Owner: Christopher A Fawzy Trust Zoning District: N-C-M Code Section: 4.8(E)(3) Project Description: The variance would allow a pergola that is 8.67 feet in height and 580 square feet in area to be placed 15 feet into the required 15 foot rear setback. 4. APPEAL #2786 Address: 245 Osiander St. Petitioner/Owner: Erik Haagenson Zoning District: C-C-N Code Section: 3.5.2(E)(3) Project Description: The variance would allow an alley accessed garage to continue to be built upon a foundation that was installed 1 foot into the required 8 feet rear yard setback. • OTHER BUSINESS • ADJOURNMENT STAFF REPORT November 13, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2783 PROJECT DESCRIPTION Address: 5339 Jonathan Court Petitioner/Owner: Douglas Krohn Zoning District: Urban Estate (U-E) Code Section: 4.2(D)(2)(d) Variance Request to: The variance would allow a 448 square foot addition on a detached garage to be built 14 feet into the required 20 foot side yard setback. STAFF RECOMMENDATION: Staff recommends approval of Appeal #2783 to allow a 448 square foot addition on a detached garage to be built 14 feet into the required 20 foot side yard setback. STAFF COMMENTS: 1. Background: In the Urban Estate zone district the minimum lot size is half of an acre. This is one of the larger minimum lot sizes in the Land Use Code. With a larger lot size minimum side setbacks are also increased from the typical 5 foot setback found in other zone districts. The U-E side setback is 20 feet. This lot is located in the Applewood Estates subdivision. This subdivision was originally developed in the county and annexed into city in 2009. As the subdivision started to develop in the county, structures were closer to the side property line than the City’s 20 foot setback. Throughout the subdivision accessory structures can found closer to the side property line than 20 feet In addition the other side of the property is a neighbor’s driveway. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to allow a 448 square foot addition on a detached garage to be built 14 feet into the required 20 foot side yard setback and finds that: • The granting of the variance would not be detrimental to the public good. • When considered in the context of the neighborhood where accessory structures at one point in time were allowed to be built within 5 feet of a side property line and have remained in place through the present, this variance request will not diverge from the standard except in a nominal and inconsequential way. 4. Recommendation: Staff recommends approval of Appeal #2783 5339 Jonathan Ct Variance Request I am requesting a variance to build an addition to an existing 2 bay garage at 5339 Jonathan Ct. The addition would be 14’ wide and 32’ long. It would serve as a garage space for a third car. In addition, the garage would provide needed extra room for storage since the house does not have a basement for that purpose. Due to the unique shape of my property, the garage addition would be 6 ft from my property line. However this part of my property abuts to my neighbor’s driveway. His driveway extends an additional 90ft past my proposed garage before it reaches his gated entrance to his house. I feel a variance should be granted due to the fact that the proposed garage addition is in close approximation to my neighbor’s driveway and not his parcel of land that contains his house. I have spoken with all my neighbors within 150 ft of my property and have received no issues or complaints regarding this proposal. Douglas Krohn 5339 Jonathan Ct Existing Garage Proposed garage addition would fit where camper resides Neighbors driveway extends for about 90 ft past garage Rendition of 3rd bay garage addition 5339 Jonathan Ct Garage Addition This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 1,128 City of Fort Collins - GIS 0.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere 0 0.02 0.0 Miles Notes Legend Parcels City Zoning Community Commercial Community Commercial North College Community Commercial Poudre River General Commercial Limited Commercial Service Commercial CSU Downtown Employment Harmony Corridor Industrial High Density Mixed-Use Neighborhood Low Density Mixed-Use Neighborhood Medium Density Mixed-Use Neighborhood Neighborhood Commercial Neighborhood Conservation Buffer Neighborhood Conservation Low Density Neighborhood Conservation Medium Density Public Open Lands River Conservation River Downtown Redevelopment Residential Foothills Low Density Residential Rural Lands District Transition Urban Estate AFFA ERNEST M/BERNADETTE C 5323 JONATHAN CT FORT COLLINS, CO 80526-4316 PETRILLI RANDAL/ERIN B 5414 PARADISE LN FORT COLLINS, CO 80526-4325 PRITCHARD RANDY W/RAINY Y 5327 JONATHAN CT FORT COLLINS, CO 80526 WATTERSON DOUGLAS H/BETH A 5324 JONATHAN CT FORT COLLINS, CO 80526 THORNTON GARY E/RITA S 5400 JONATHAN CT FORT COLLINS, CO 80526-4319 WICK RANDAL C/JANELLE M 5426 PARADISE LN FORT COLLINS, CO 80526-4325 EISELE JOSEPH W/DONNA L 5438 PARADISE LN FORT COLLINS, CO 80526-4325 BUTTS MARGIE K 5403 JONATHAN CT FORT COLLINS, CO 80526-4318 KROHN DOUGLAS 5339 JONATHAN CT FORT COLLINS, CO 80526-4316 STAFF REPORT November 13, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2784 PROJECT DESCRIPTION Address: 4700 Lady Moon Drive Petitioner: Mark Ostrand Owner: Banner Health Zoning District: Harmony Corridor (H-C) Code Section: 3.8.7(E)(3), 3.8.7(E)(4), 3.8.7(G)(7) Variance Request to: The variances requested would allow: 1) An individual letter sign reading “AMBULANCE” to project an additional 6 inches above the building fascia than the allowed 12 inch projection, 2) An additional 10 ground signs (7 that 7.9 square feet per face and 3 that are 30.7 square feet per face) along the internal driveway system that are larger in size than a typical 4 square foot directional sign and exceed the permitted number of ground signs and their permitted locations along streets. Four of the additional ground signs are located in the Non-residential Sign District and six are located in the Residential Sign District; 3) An additional ground sign along the street frontage of Lady Moon Drive that is 30.7 square feet per face in size to be located at a drive access to the right-of-way. STAFF RECOMMENDATION: Staff recommends approval of the request of Appeal #2784 to allow the additional 10 ground signs and locations with the condition that all the ground signs be no more than 7.9 square feet per face. Further staff recommends denial of the request of Appeal #2784 to allow an additional ground sign along Lady Moon Drive and the placing of an individual letter sign reading “AMBULANCE” an additional 6 inches above the allowed 12 inch allowed projection from the building fascia. STAFF COMMENTS: 1. Background: Within the last year Banner Health consolidated parcels along Harmony Road and Lady Moon Drive and replatted them into 1 larger property approximately 26 acres in size. This replat was approved with the development plan that established a new Banner Health campus on the site. Prior to the replat, the boundary of the Residential Sign District and the Non-residential Sign District was aligned with existing property lines of the site. The replat did not include a map amendment of the Residential Sign District and therefore, has left the majority of the sight within the Residential Sign District and only the northwest corner of the site is not in the Residential Sign District. On many large campuses it is necessary to provide directional signage to help patrons and employees find their way around. A typical directional sign is usually less than 4 square feet per side in size. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval of the variance request to allow an additional 10 ground signs along the internal driveway system that are larger than a typical 4 square foot directional sign and exceed the permitted number of ground signs and their permitted locations along streets with the condition that all ten ground signs are the size of 7.9 square feet per face, and finds: • That granting of the variance would not be detrimental to the public good. • The Medical Campus use which includes emergency medicine requires patrons to be able to find their way on campus in a timely manner. The additional 3.9 square feet in size will help provide a direct path to the appropriate building entry. • Additionally, these 10 ground signs will be located internally to the site and will be minimally viewed from the public right-of-way because the site is heavily landscaped with trees and shrubs and berms, therefore will diverge from the standard in a nominal, inconsequential way. Staff recommends denial of the variance request to allow an additional ground sign along Lady Moon Drive and for a sign reading “Ambulance” to project and additional 6 inches from the building fascia • The additional ground sign is located at a driveway entrance that only allows right-in and right-out movement. Therefore, those using this entrance will already pass the main entrance and the sign located there. • The sign reading “AMBULANCE” does not have to be reduced in size and can be placed on the building fascia in compliance with the code. 4. Recommendation: Staff recommends approval of the additional 10 ground signs and locations with the condition that all the ground signs be no more than 7.9 square feet per face. Further staff recommends denial of an additional ground sign along Lady Moon Drive and the placing of an individual letter sign reading “AMBULANCE” an additional 6 inches above the allowed 12 inch allowed projection from the building fascia. Date: 10-15-2014 RE: Banner Fort Collins Exterior Sign Package Attn: Noah Beals Dear Mr. Beals; Banner Health is requesting the following sign clarifications and variances for Banner Fort Collins Campus. Please let me know if you have any further questions or if I am misinterpreting the sign code. Building signage: Code allows for any single tenant space greater than 45,000 SF to provide one sign with individual letters not to exceed 48” with logo no greater than 54”. Banner will stay within these code requirements. Type “A” signs are what we consider primary signs and per sign code are limited to 55SF. Additionally per the sign code we can increase the size of a primary sign by 20% if only identification of the name or logo of the business is used on the primary or secondary freestanding or ground sign. This would allow us to increase the size to 66 SF. This project has 2 primary signs which are located on Harmony Road and Lady Moon Drive. Current design of type “A” sign dimensions are 139” X 106”, we propose to reduce to 10’ in height meeting code height regulation and 8’0 in width, a total of 80 SF, 16 SF wider than the 66’ allowable SF. Type “B” and “C” signs are considered secondary signs with a 32SF code requirement. Currently are “B” signs are 77” X 65”, we have a total of 5 type B signs and propose to limit the height of this sign to 6’ per code and width at 5’4” meeting the 32SF code requirement. Type “C” signs are also considered secondary signs measure 46” X 34” and are within the 32SF code requirement. Mark Ostrand Senior Project Manager Banner Development & Construction Email: mark.ostrand@bannerhealth.com Phone: 602-747-4458 IMAGO ENTERPRISES INC 140 PALMER DR FORT COLLINS, CO 80525 BANNER HEALTH 1441 N 12TH ST PHOENIX, AZ 85006 ANDERSON KATHRYN JOY 7645 THUNDERBIRD LN COLORADO SPRINGS, CO 809192611 HARMONY TECHNOLOGY PARK LLC 2727 S STATE ST STE 100 ANN ARBOR, MI 481045821 STAFF REPORT November 13, 2014 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2785 PROJECT DESCRIPTION Address: 515 W Mountain Ave Petitioner: Alissa Strickland, RLA, ASLA Owner: Christopher A Fawzy Trust Zoning District: N-C-M Code Section: 4.8(E)(3) Variance Request to: The variance would allow a pergola that is 8.67 feet in height and 580 square feet in area to be placed 15 feet into the required 15 foot rear setback. STAFF RECOMMENDATION: Staff recommends approval of Appeal #2785 to allow a pergola that is 8.67 feet in height and 580 square feet in area to be placed 15 feet into the required 15 foot rear setback. STAFF COMMENTS: 1. Background: This site has recently been redeveloped. The original ranch style house was removed and a new two story house and two story detached accessory building have been built. Between the two new buildings there is a sanitary sewer line. Also along the west boundary of the property the Arthur Ditch extends 15 feet into 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 a pergola that is 8.67 feet in height and 580 square feet in area to be placed 15 feet into the required 15 foot rear setback and find that: • The Arthur Ditch located 15 feet into the property along the entire west property line detours the structure from being built in another location and is an exceptional physical condition of the property. 4. Recommendation: Staff recommends approval of Appeal #2785 MOZER ELIZABETH GRANT 109 S SHERWOOD ST FORT COLLINS, CO 80521 521 WEST MOUNTAIN LLC 219 S LOOMIS AVE FORT COLLINS, CO 805212540 JONES ROBERT/SARAH PO BOX 270714 FORT COLLINS, CO 80527 HAYES AMY S 529 W MOUNTAIN AVE FORT COLLINS, CO 80521 HICKMAN T SCOTT 505 N BIG SPRING STE 105 MIDLAND, TX 79701 GRANT MARGARET S PO BOX 44 FORT COLLINS, CO 80522-0044 KALEY LANE C 118 S WHITCOMB ST FORT COLLINS, CO 80521 VAUGHAN TIMOTHY L 123 S SHERWOOD ST FORT COLLINS, CO 80521-2616 PINE HILL PROPERTIES LLC 2613 YORKSHIRE ST FORT COLLINS, CO 80526 WISNER CHESTER E/DELORES J 508 W MOUNTAIN AVE FORT COLLINS, CO 80521 3311 LAPORTE LLC 220 N SHIELDS ST FORT COLLINS, CO 80521 WHITE MARCI S/DAVID D 516 W MOUNTAIN AVE FORT COLLINS, CO 805212607 LIM VERONICA LIM 108 S WHITCOMB ST FORT COLLINS, CO 80521 KELLY CHRISTOPHER JAMES/ELLEN PHALEN 519 W MOUNTAIN AVE FORT COLLINS, CO 80521 FAWZY A CHRISTOPHER TRUST 515 W MOUNTAIN AVE FORT COLLINS, CO 80521 PETERS MICHAEL J/PAGE ANN 511 W MOUNTAIN AVE FORT COLLINS, CO 80521-2606 STAFF REPORT November 13, 2014 Zoning Board of Appeals STAFF: Noah Beals, Senior City Planner/Zoning PROJECT Appeal #2786 PROJECT DESCRIPTION Address: 245 Osiander Street Petitioner/Owner: Erik Haagenson Zoning District: C-C-N Code Section: 3.5.2(E)(3) Variance Request to: The variance would allow an alley accessed garage/carriage house to continue to be built upon a foundation that was installed 1 foot into the required 8 foot rear yard setback. STAFF RECOMMENDATION: Staff recommends approval of Appeal #2786 to allow an alley accessed garage/carriage house to continue to be built upon a foundation that was installed 1 foot into the required 8 foot rear yard setback. STAFF COMMENTS: 1. Background: This site is a part of the Old Town North subdivision and development plan. This development approved two detached units on 1 lot on the majority of properties. In 2007 the first builder was issued a building permit for the construction of the garage/carriage house. This builder poured the foundation and stopped work. The bank foreclosed on the property and until earlier this year the bank did nothing more to the site. The current owner purchased the property and intended to continue building the structure. In response to a request by the City for an Improvement Location Certificate (ILC) the owner discovered the foundation to have been installed 1 foot closer to the property line, encroaching into the setback. The 8 foot setback overlaps an 8 foot utility and access easement. In addition to requesting a variance from the setback, the applicant will need to obtain a vacation of the easements from the City’s Engineering department. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval of the variance request to allow an alley accessed garage/carriage house to continue to be built upon a foundation that was installed 1 foot into the required 8 foot rear setback and finds that: • The granting of the variance will not be detrimental to the public good. o The 1 foot encroachment is 12% of the entire require 8 foot setback • The setback is from a property line that is adjoined to an alley and not a another residential property • Therefore in context of the neighborhood the variance will not diverge from the standard but in a nominal, inconsequential way. 4. Recommendation: Staff recommends approval of Appeal #2786 Appealer: Erik Haagenson. 245 Osiander St, Fort Collins, CO 80524. Request: A variance to the 8 feet setback requirement to 7 feet is requested for 245 Osiander St based on (1) undue hardship and (3) the proposal will not diverge from the standards of Land Use Code except in a nominal, inconsequential way. Background: The lot at 245 Osiander St was purchased by Erik Haagenson on March 28th, 2014. The lot came with a foundation that was built by Palladian homes under Fort Collins Building Permit #B0702859, filed May 9th, 2007. Before Erik Haagenson purchased the lot, CTL Thompson Engineering inspected the foundation and found it perfectly usable and sound. Erik Haagenson purchased the lot from Rocky Mountain High, LLC and was represented by a transaction broker, Northern Colorado Real Estate Brokers Inc., who represented their corporation, Rocky Mountain High LLC, and Erik Haagenson. No Improvement Location Certificate was ordered during the purchasing process. Based on these evidences, Erik Haagenson hired an architect to design a home and an engineer to engineer the structure and validate a second time the soundness of the foundation. As a requirement of the permitting process, Erik Haagenson ordered an Improvement Location Certificate (ILC) from Landstar Surveying, LLC. The ILC showed that the southern property boundary for 245 Osiander St was 1 foot north of the corner pins. The ILC also showed that the garage foundation was 1 foot into the 8 foot southern zoning easement. Therefore, the garage foundation is 8 feet from the pins, but because the property boundary is 1 foot north of the pins, the garage foundation is 7 feet from the property boundary. The house has been designed and engineered for the existing foundation. The same easement issue exists for 2 neighboring lots, 251 Osiander and 263 Osiander, all built by Palladian Homes in 2007. Erik Haagenson was informed by Lujan Concrete Inc., a concrete contractor, that the foundation cannot be altered to vacate the encroachment because of the way that it was built, removal is the only recourse. Reason: Removing and replacing this foundation would prove an undue hardship to Erik Haagenson and would also cause a notable environmental impact. Since the architectural and engineering plans have been designed to fit this foundation, adjustment or demolition and rebuilding of the foundation would result in needing to start the design process again, causing a substantial time setback for Erik Haagenson and his family, who are selling their current home and are currently residing with friends waiting to complete their new residence at 245 Osiander St. Concrete construction and demolition have significant environmental impacts. Concrete construction is a major contributor to CO2 pollution and concrete demolition releases concrete dust into the atmosphere and wasted concrete gets deposited in the landfill. Furthermore, the proposed variance will not diverge from the standards of Land Use Code except in a nominal, inconsequential way. The 1 foot easement encroachment represents a negligible encroachment into the zoning easement on the alley side of the house. The aesthetic impact will be negligible and the front facade easement, which is more crucial to the neighborhood aesthetic, will be intact. Source: ERIK HAAGENSON ,. """ 4-~ .::.__ '9'UE. I fOu~'O \ \N C.. ?JJ:)~ - 0 Rl\J IJ. OA-11 oJJ. "¢NGA~ \ N Notes: ~X \'WC._.... 1} The exact location of property lines and fence lines can only be determined by a monumented boundary survey. The fence locations shown on this sketch are approximate. Ownership of fences cannot be determined by an Improvement location Certificate. 2} Unless otherwise noted, all easements shown hereon are obtained from recorded Plat. PURCHASER: HAAGENSON LENDER: ADDRESS: 245 OSIANDER STREET, FORT COLLINS David M. Poeschl lS # 17662 TITLE CO: CERTIFICATE: I hereby certify that this Improvement Location Certificate was prepared for ERIK HAAGENSON; that it is not a Land Survey Plat or Improvement Survey Plat; and that it is not to be relied upon for the establishment of fence, building or other future improvements. 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SITE PLAN~ ROCKY MOUNTAIN HIGH LLC 2076 EBERS SAN DIEGO, CA 92107 OLD TOWN NORTH COMMUNITY ASSOC 749 JEROME ST FORT COLLINS, CO 80524 ROCKY MOUNTAIN HIGH LLC 216 E OAK ST FORT COLLINS, CO 80524 ONEILL PATRICIA A 232 CAJETAN ST FORT COLLINS, CO 80524 CAPITAL NOW FORT COLLINS HOME LLLP 44 COOK ST STE 100 DENVER, CO 80206 BREWER BOONE T 269 OSIANDER ST FORT COLLINS, CO 80524 FARMERS BANK 713 S LEMAY AVE FORT COLLINS, CO 80524 EFFICIENCY MATTERS LLC 2800 LINCOLN AVE UNIT A FORT COLLINS, CO 80524 LANER JESSE/AMY 238 CAJETAN ST FORT COLLINS, CO 80524 FR DEVELOPMENT LTD 345 E MOUNTAIN AVE FORT COLLINS, CO 80524 KEELER ABIGAIL MORGAN 2736 W ELIZABETH ST FORT COLLINS, CO 80521 SADANOWICZ FAMILY TRUST PO BOX 4138 TEQUESTA, FL 33469 WIERDSMA ANN G REVOCABLE TRUST 2315 DATE PALM RD BOCA RATON, FL 33432 HAAGENSON ERIK/BRIANNE 245 OSIANDER ST FORT COLLINS, CO 80524 ROARTY DANIEL P 226 CAJETAN ST FORT COLLINS, CO 80524 PATTERSON MARGARET 245 CAJETAN ST FORT COLLINS, CO 80524 SADANOWICZ FAMILY TRUST 263 OSLANDER ST FORT COLLINS, CO 80524 YATES JULIE M 215 CAJETAN ST FORT COLLINS, CO 805240000 HEINE FRANK J/MARY F 239 CAJETAN ST FORT COLLINS, CO 80524 PETERSON SCOTT C 220 CAJETAN ST FORT COLLINS, CO 805242572 245 OSIAND~LD TOWN NORTH LOT 5, ~~TC~O~NS, COLORADO PAU.AD IAN HOMES, INC. 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