HomeMy WebLinkAbout05/14/2015 - Zoning Board Of Appeals - Summary Agenda - Regular MeetingMichael Bello, Chair Council Liaison, Bob Overbeck
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
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REGULAR MEETING
MAY 14, 2015
8:30 AM
• CALL TO ORDER and ROLL CALL
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL #BPA15001
Address: 201 E. Elizabeth Street
Petitioners 1) Joseph Piesman
2) John Snyder
3) Cindy & Tom Laupa
4) Aaron & Ashley McGrew
Owners: Paul Milewski and Julie Rickett
Zoning District: N-C-B
Project Description:
On April 15, 2015, the Community Development and Neighborhood Services (CDNS) Director
made a decision under Land Use Code Section 3.8.25 to authorize a change of use permit which
would allow a previously abandoned fraternity house to be re-established on the property at 201
East Elizabeth Street.
Three conditions were imposed on this approval:
• The building occupants shall be limited to 18 occupants
• No fraternity meeting shall exceed 18 attendees
• Eight off-street parking spaces are provided as shown on the site plan dated 03/26/15
This decision of the CDNS Director has been appealed by four appellants.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 May 14, 2015
2. APPEAL #2804
Address: 5331 Fossil Ridge Drive
Petitioner/Owner: Paulo deBrito
Zoning District: R-L
Code Section: 4.4(D)(2)(c)
Project Description:
The variance would allow a patio cover with posts to encroach 2 feet into the required 15 foot rear-
yard setback.
3. APPEAL #2805
Address: 1052 Briarwood Road
Petitioner/Owners: Edward and Christine Fast
Zoning District: R-L
Code Section: 4.4(D)(2)(c)
Project Description:
The variance request would allow the minimum rear-yard 15 foot setback required in the R-L zoning
district be reduced to 7 feet in order to accommodate an addition to the existing shed. At completion
the shed will be 8 feet x 24 feet or 200 square feet.
4. APPEAL #2806
Address: 965 Bungalow Court
Petitioner: Jeff Schneider, Armstead Construction
Owners: Louis and Barbara Sunderland
Zoning District: N-C-L
Code Section: 4.7(D)(3)
Project Description:
The existing structure exceeds the rear 50% of the lot allowable floor area by 25.75 square feet. The
variance request would allow an additional 229 square feet of allowable floor area in the rear 50% of
the lot for a new one-car garage.
5. APPEAL #2807
Address: 417 Maple Street
Petitioner: Platinum Properties, LLLP
Owner: Lloyd Donald
Zoning District: N-C-M
Code Section: 4.8(E)(3)
Project Description:
The variance would allow a two car garage to be built encroaching 10 feet into the required 15 feet
rear yard setback.
6. APPEAL #2808
Address: 6325 Kyle Avenue
Petitioner/Owners: Clarence and Carol Rothfuss
Zoning District: U-E
Code Section: 4.2(D)(2)(d)
Project Description:
The variance would allow a 240 square foot shed to encroach 8 feet into the required 20 feet side-
yard setback.
Zoning Board of Appeals Page 3 May 14, 2015
7. APPEAL #2809
Address: 4014 S. Lemay Avenue #4
Petitioner: Zak George Landscaping
Owner: Terry L Dickinson, Revocable Trust
Zoning District: R-L
Code Section: 4.4(D)(2)(c)
Project Description:
The variance would allow a pergola 13.6 feet in height, and side screens, to be attached to the
existing deck at a zero foot setback from the rear property line. The approved PUD allowed for a
5 feet encroachment into the required 15 feet rear-yard setback.
8. APPEAL #2810
Address: 311 West Street
Petitioners/Owners: Robert, Laura, Lark, and Delfinia Mosiman
Zoning District: N-C-M
Code Section: 4.8(D)(3), 4.8(E)(4), 4.8(F)(1)(c)
Project Description:
The request is to allow a 240 square foot addition to the existing 288 square foot garage with the
following 3 variances: 1) The addition would encroach 1.8 feet into the required 5 feet side-yard
setback. 2) The addition would increase the allowable floor area in the rear 50% of the lot by 72
square feet. 3) The addition to an accessory building would encroach 1 foot into the additional 10
feet front yard setback from the principal building.
9. APPEAL #2811
Address: 307 Riverside Avenue
Petitioner/Owner : Sean Windsor
Zoning District: C-L
Code Section: 3.5.2(E)(3); 3.8.19(A)(6)
Project Description:
The variance would allow a new residential building to be built with portions of the walls encroaching
2 feet into the required side-yard setback and portions of the eaves encroaching an additional 6
inches past the allowed 2.5 feet projection into a required setback.
10. APPEAL #2812
Address: 4030 Big Dipper Drive
Petitioner/Owner: Tyler Shurigar
Zoning District: U-E
Code Section: 4.2(D)(2)(c)
Project Description:
The variance would allow a 192 square feet accessory building to be built 12 feet into the required
25 feet rear-yard setback.
11. APPEAL #2813
Address: 1408 W. Mountain Avenue
Petitioner: My Sister Knits, Julie Luckasen
Owner: Julie Luckasen
Zoning District: N-C-L
Code Section: 3.8.3(1), 3.8.3(5), 3.8.3(8), 4.7(D)(5), 3.8.7(C)
Zoning Board of Appeals Page 4 May 14, 2015
Project Description:
The request is to allow a home occupation to continue to operate as it has in the past. This
request would require the following 7 variances: 1) Allow a home occupation to operate in a
detached accessory building. 2) Allow retail sales as a primary function of the home occupation.
3) Allow the home occupation without any additional off street parking spaces for customers and
students. 4) Allow the hours of operation extend past 6 pm. 5) Allow more than one co-worker
who does not reside in the dwelling. 6) The accessory building exceeds the maximum 744 square
feet, that was allowed through a building permit, by 141 square feet, and presently accessory
buildings are limited to 600 square feet. 7) Allow a flush wall sign to be displayed above the
entrance of the building 8 square feet in size; the code allows a maximum of 2 square feet.
12. APPEAL #2814
Address: 256 Linden Street
Petitioner: Brandon Silar, LARK Design/Build
Owner: Creative Properties
Zoning District: D-Old City Center
Code Section: 3.8.7(I), 3.8.7(H)
Project Description:
The request is to install two signs. This request would require the following 3 variances: 1) Allow a
projecting sign over the public sidewalk with 46.5 square feet per sign face, the maximum allowed
size per face is 12 square feet. 2) Allow the sign at 14 feet 5 inches in height; the maximum allowed
height is 7 feet. 3) Allow the flush-wall sign to extend 6 inches more than the allowed 12 inches from
the face of the building.
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