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Home My WebLink About04/09/2015 - 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 APRIL 9, 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 APPEAL # 2798 – Withdrawn - 420 Hawkins Street 2. APPEAL #2799 Address: 1856 N. College Avenue Petitioner: Wendy Bergman, Contractor Owner: Perfect Teeth North College PC Zoning District: C-C-N Code Section: 3.8.7(J) Project Description: The variance would allow an existing flush wall sign for Perfect Teeth to remain in place on the south wall. The existing flush wall sign projects 12.5 inches above the top of the canopy. The code does not allow a canopy sign to project above the canopy on which it is mounted. 3. APPEAL #2800 Address: 1500 W. Mountain Avenue Petitioners: Jeff Gaines, HighCraft Builders Owners: Jennifer Crane and Scott Denning Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: The variance would allow a new 460 square foot one-story addition to be built on a corner lot. The proposed addition would be constructed 2 feet 11 inches into the required 15 foot corner side setback. The existing house is already 3 feet 3 inches into the required 15 foot corner side setback. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 March 12, 2015 4. APPEAL #2801 Address: 519 W. Mountain Avenue Petitioner/Owners: Chris and Ellen Kelly Zoning District: N-C-M Code Section: 4.8(E)(2) Project Description: The variance would allow a 10 foot x 18 foot porch cover to be constructed 4 feet 4 inches into the required 15 foot front setback. 5. APPEAL #2802 Address: 324 E. Oak Street Petitioner/Owners: Rob Kittle Zoning District: N-C-B Code Section: 4.9(D)(3); (D)(6)(d ); (E )(2)(a )(1); and (E )(2)(b)(1) Project Description: Four variances are requested: The first variance would allow a second story addition to be built on an accessory building with habitable space resulting in 1225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. The second variance would allow an accessory building with habitable space to encroach 6 feet into the required 7 foot side yard setback. The existing building is 1 foot from the west property line. The third variance would allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. The fourth variance would allow an accessory building with habitable space to have an eave height along a side property line of 22 feet high. The code restricts the eave height of accessory buildings with habitable space to 13 feet along any side property line. 6. APPEAL #2803 Address: 5204 Greenway Drive Petitioner: Landmark Garages Owners: Jay Kennedy Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: The variance would allow a newly constructed garage to remain encroaching 9 feet into the required 15 foot rear yard setback. A building permit was issued based on a site plan that illustrated the structure in compliance with the 15 foot rear yard setback. • OTHER BUSINESS • ADJOURNMENT Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Robert Long John McCoy Ralph Shields Butch Stockover Council Liaison, Gino Campana Staff Liaison, Noah Beals Location: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TOO 224-6001} for assistance. REGULAR MEETING MARCH 12, 2015 8:30AM • Call to Order and Roll Call Boardmembers Absent Bear • Citizen Participation (Items Not on the Agenda): NONE • Approval of Minutes from February meeting Shuff made a motion, seconded by Stockover, to approve the minutes from the February 12, 2015 meeting. Yeas: Shields, Shuff, Bello, Stockover and Long. Nays: none. Abstain: McCoy. THE MOTION CARRIED • Appeals for Variance to the Land Use Code 1. APPEAL # 2795 -Approved Address: Petitioners: Owner: Zoning District: Code Section: Project Description: 313 West Drake Road John Bender M.D, Tommy Ray Robinson, Marcy Mundo, Miramont Family Medicine Miramont Fort Collins, LLC Employment (E) 3. 8. 7(E)(8) The variance would allow one letter in the text of the signs on both the north and east elevation to increase in height by 6 inches from the allowed 18 inches maximum in the residential sign district, sub-area convenience shopping center. Staff Presentation: Ali van Deutekom showed slides relevant to appeal noting the property is located at the corner of West Drake Road and Redwing Road, separated from Redwing on the east by the railroad right-of way. She stated this property is part of a convenience shopping center in the residential sign district which restricts individual sign letters to 18 inches in height. This variance request would allow one letter on the north wall and one letter on the east wall to be 24 inches tall. Zoning Board of Appeals Page 2 Marcf112, 2015 Bello asked if this is new construction. Ali van Deutekom replied this was a minor amendment remodel of an existing building. Shuff asked if a variance for the entire sign would need to be considered rather than simply a variance for the single letters. Van Deutekom replied a condition could be included as per the Board's prerogative. Applicant Presentation: Mary Mundo, Miramont Family Medicine Chief Operating Officer, 3327 Wild View Drive, Tommy Ray Robinson, Miramont Family Medicine Chief Executive Officer, 2821 William Neal Parkway, and Randy Lerich, Action Signs, 1413 Webster Avenue, introduced themselves. Mr. Lerich noted signage allowance is calculated on a corner lot based on building frontage, or street frontage; therefore, this building is allowed about 196 square feet of signage. However, each sign is only 25 square feet when meeting the 18 inch requirement. Increasing the "M" to 24 inches makes each sign about 48 square feet. Additionally, he noted the signs will each face busy roadways rather than residential areas and will be more proportionate to the building size. Mr. Robinson discussed Miramont Family Medicine operates 6 medical practices; 2 in Fort Collins. The 1014 Centre Ave office will be relocated to the new building at 313 W. Drake Rd. He noted the subject property is a few yards away from the railroad tracks that end what is considered the midtown urban blight area, even though technically this property is not included in that area. They have been repurposing the old restaurant and bar into a medical facility. He discussed the proximity of the property to the MAX bus stop which will benefit the under-serviced population. Their offices service a large number of CSU students and Medicaid and Medicare patients. He stated this signage request will aid in visibility for seniors, students, and emergency services in locating the building. McCoy asked if this is a single user building or will there be any other tenants there. Mr. Robinson replied this office will have medical visiting specialists. There will be visiting specialists within the building that are medically related that we refer our patients to; such as bringing in an audiologist; chiropractor, and some other services that we are also looking at as well that will operate as part of our mini Miramont campus. McCoy asked if there will be any other signage on the building as a result of the specialists. Mr. Robinson replied there will be no additional signage for tenants. Bello inquired if the specialists would have their own sign. Mr. Robinson replied that they would not have their own sign. The specialists will have their names on little vinyl lettering on their glass doors. Audience Participation: None. Board Discussion: Long supported the variance as being of the proper scale for the building and noted only 50% of the signage allowance will be used. He noted that the motion should also include the "I" and "T" letters. Bello made a motion, seconded by Long, to approve Appeal No. 2795 for the following reasons: the granting of the variance would not be detrimental to the public good. The variance request to allow three letters, "M," "1," and "T," in the text of the sign on the north and east faces of the building to increase in height by no more than 6 inches from the maximum height of 18 inches is an increase of 33% of the required maximum; the two signs do not face any of the existing residential uses; the total signage that would be allowed with this variance is only 50% of the allowed signage for the building. The variance request will not diverge from the standards except in a nominal and 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. Yeas: Shields, McCoy, Shuff, Bello, Stockover and Long. Nays: none. THE MOTION CARRIED. Zoning Board of Appeals Page 3 2. APPEAL # 2796-Approved Address: 5108 /5110 Daylight Court (Lot 7) Petitioner/Owner: Zoning District: Code Section: Project Description: Dave Houts; Houts Development and Construction, LLC Urban Estates (U-E) 4.2(D)(2)(c) March 12, 2015 The variance would allow a new duplex to be built 5 feet 4 inches into the required 25 foot rear setback. Staff Presentation: Ali van Deutekom showed slides relevant to the appeal and noted the property is located near Strauss Cabin Rd. and Rock Creek Dr; the property directly to the east of the subject property remains in Larimer County. Sunrise Ridge as a development is zoned Urban Estates, which requires a 25 foot rear setback. Additionally, she stated the Fossil Creek inlet ditch runs to the east and would require a 50 foot buffer should the property to the east be developed. Bello asked for clarification. Ali van Deutekom stated that if property to the east that is currently in Larimer County were annexed and developed that it would require a 50 foot buffer from the top of the bank of the ditch and nothing could be built in that buffer. It's a natural setback. The variance request is for the corner of the end unit to be built 19.73 feet from the property line. Applicant Presentation: David Houts, 3721 Precision Drive, Unit 314, addressed the Board but had no statements to add to the application. Long asked if the site was originally single family homes. Mr. Houts replied a major modification was granted in 2012. Urban Estates allows for single family residences or duplexes. They reallocated the duplex products to all of the lots which required some minor movement of lot lines and several side or rear setback variances. However, this subject lot was left out of the major modification application. They made all of these duplex lots instead of half duplex and half single family. There are currently seven or eight duplexes currently built or under construction. Shuff asked if all the duplex models the essentially the same just placed in different configurations on the lot and are the same size. Mr. Houts replied in the affirmative. Audience Participation: None. Board Discussion: Stockover stated this variance appears quite straight forward, especially with the ditch location. Shuff noted the lot opens to undevelopable space and stated this variance would be consistent with the approved major modification. Bello made a motion, seconded by Shuff, to approve Appeal No. 2796 for the following reasons: the grating of the variance would not be detrimental to the public good. The abutting property along the rear property line is owned by Larimer County and contains a ditch which includes a 50 foot buffer on either side; there are no structures on the abutting property, the distance across the abutting property to the right-of-way is about 100 feet; the requested encroachment is 21% of the rear setback at the maximum encroachment point; the encroachment tapers from the maximum point of 5 feet 4 inches to 0 feet for 25 feet of the building; therefore, the variance request will not diverge from the standards except for in a nominal and 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. Yeas: Shields, McCoy, Shuff, Bello, Stockover and Long. Nays: none. THE MOTION CARRIED. 3. APPEAL #2797 -Approved Address: 335 East Foothills Parkway Petitioners: Carolyn C. White, Stephanie So, and Robert Walter Zoning Board of Appeals Owner: Zoning District: Code Section: Project Description: Page 4 Walton Foothills Holdings VI, LLC General Commercial (C-G) 3.8.7(D)(5) March 12, 2015 The variance would allow the movie theater at the Foothills Mall Redevelopment to increase the square footage of sign allowance from 495.9 square feet to 639.46 square feet to display an additional 11 posters at 13.37 square feet each; along the base of the north wall that faces an internal drive. Staff Presentation: Ali van Deutekom showed slides relevant to appeal noting the movie theater building does not have a dedicated street; therefore, the sign allowance is calculated based on the building length. The variance is requested for movie posters. Bello asked if the additional signage is within the Code. Ali van Deutekom replied there is enough sign allowance for those signs and the extra allotment per this variance would only be for the posters, which are considered signs. Applicant Presentation: Caitlin Quander, land use counsel on behalf of Carolynne White, Brownstein Hyatt Farber Schreck, 410 17'" Street, Denver, discussed the theater concept and noted the typical sign package for Cinemark has been scaled back for this particular development. She stated there are 12 total posters proposed; however, only 11 of those are subject to the variance given the allotted signage. She noted these posters would be at pedestrian level and discussed the variance as being not detrimental to the public good and nominal and inconsequential. Shuff asked if there are other standard sizes for the posters. Chuck Desmoineaux, 505 Design, replied there are standard sizes which do vary; however, this is the standard poster size for this size of theater. Bello asked if the theater will replace the existing Cinemark Theater in town. Robert Walter, Alberta Development, replied both theaters will likely remain as this is a different type of theater experience. Audience Participation: None. Board Discussion: Long stated the size of the posters is consistent with the scale of the building as the sign code is based on lineal rather than square feet. Additionally, he noted the building doesn't face public right of-way. Bello noted the signs are at eye level. Stockover stated the upper signage square footage could be decreased in order to have this not require a variance. Additionally, he discussed the fact that these posters may not be perceived as signs by the general public and could be considered collectibles and part of the movie experience. Shuff agreed noting the proportions of the posters to the building seem appropriate and the posters are not viewable from a public right-of-way. Shuff made a motion, seconded by Bello, to approve Appeal No. 2797 to allow an additional 143.56 square feet of sign allowance with the condition that the additional allowance is only for poster cases on the north wall, each being 4.58 feet in height and are located at the base of the building. The granting of the variance would not be detrimental to the public good; the north wall faces an internal drive and the cases are difficult to be viewed from any public right of-way and are sized to be viewed from patrons visiting the site. Therefore the variance will not diverge from the standard except in a nominal and inconsequential way when considered in the context of the neighborhood and would continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Yeas: Shields, McCoy, Shuff, Bello, Stockover and Long. Nays: none. THE MOTION CARRIED. Zoning Board of Appeals 4. APPEAL #2773 -Approved Address: Petitioner/Owner: Zoning District: Code Section: Project Description: 730 Grouse Circle Dennis Bogott R-L 4.4(D)(2)(c) Page 5 March 12, 2015 The owner is requesting a 6 month extension to a variance request that was approved in September. Approved Variance Description: The variance is to allow an addition to the house to be built 5 feet into the required 15 feet rear yard setback. The proposed addition is a 3 season one story room addition. Staff Presentation: Deputy City Attorney Eckman discussed the reasons for which an extension could be granted. Applicant Presentation: Dennis Bogott, 730 Grouse Cir, stated he has had some difficulties with his contractor and will be starting over with a new contractor. Bello asked what is behind this lot. Mr. Bogott replied the lots backs to Greenbriar Park and a bike path. Audience Participation: None. Board Discussion: McCoy made a motion, seconded by Long to approve the six month extension of Appeal No. 2773, for reasons of good cause. Yeas: Shields, McCoy, Shuff, Bello, Stockover and Long. Nays: none. THE MOTION CARRIED. • Other Business Ali van Deutekom stated two right-of-way vacations in Old Town North have been approved and one additional easement vacation is awaiting approval. Additionally, she stated there are six items on the April agenda. • Adjournment The meeting adjourned at 9:28 a.m. Michael Bello, Chairperson '*1�� Staff Liaison for the Zoning Board of Appeals Agenda Item 2 Item # 2 - Page 1 STAFF REPORT April 9, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2799 PROJECT DESCRIPTION Address: 1856 N. College Avenue Petitioner: Wendy Bergman, Sign Contractor Owner: Perfect Teeth North College Zoning District: C-C-N Code Section: 3.8.7(J) Variance Request: The variance would allow an installed individual letter sign for Perfect Teeth to remain in place on the south wall. The installed individual letter sign projects 12.5 inches above the top of the canopy. The code does not allow a canopy sign to project above the canopy on which it is mounted. RECOMMENDATION: Staff recommends denial of the variance request to allow the installed individual letter sign to project above the top of a canopy. STAFF COMMENTS: 1. Background: The property is located in the C-C-N zone district and within the non-residential sign district. The applicant was issued a sign permit to install an individual letter sign 2 feet 10 inches in height on the south fascia of the building. At time of installation, the applicant did not install the sign as permitted due to the canopy tie backs conflicting with the approved sign location. Instead the sign was installed on the fascia of the canopy. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends denial of the variance request and finds that: • Their applicant has not demonstrated how the variance request is due to a unique hardship of the property that is not caused by the act or omission of the applicant. • There are options to locate the sign on different portions of the building; it is not limited to the fascia of the canopy. 4. Recommendation: Staff recommends denial of Appeal # 2799. City of ktColli� P lanning, Development and Tranaportloltln Servlcea Current Planning Meeting Date 281 N. College Ave. PO Box580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 -fa)( fcgov. comlcurrentplsnnlng Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2799 Thursday, April 09,2015 300 Laporte Ave. Council Chambers, 8:30am Petitioner must be present at the meeting. When a building or sign permit ie required for any work for which a variance has been granted, the permit must be obtained within abc months of the date of the variance. Any extension of this six month time limit must be stipulated by the Zoning Board of Appeals at the time the variance is granted. Address City ZlpCode Owner: Code Sectlon(a) Job Status Zoning District Description: Hardship 1856 N College Ave Fort Collins State co 80525 Perfect Teeth North College PC 3.8.7(J) Finished CCN Petitioner: Petitioner Ia: Wendy Bergman Contractor Phone Number (303) 898-9811 Petltlonara Addre11 5861 Terminal Ave. Colorado Springs, CO 80915 The variance would Dow an existing flush wall sign for Perfect Teeth to remain in plate on the south wall. The flush wall sign projects 12.5 inches above the top of the canopy upon which it is mounted . The code does not allow a canopy sign to project above the canopy upon which It Is mounted. Wednesday, March 25,2015 February 19, 2015 Fort Collins Zoning Department 281 N. College Avenue Fort Collins, CO 80524 RE: Zoning Variance To Whom It May Concern: We respectfully request a variance for the location of the existing Perfect Teeth sign display on the south elevation at 1856 N. College Avenue. The sign was permitted to be centered on the fascia left to right and high enough to be above the middle canopy tie back based on the construction elevation drawing provided on drawing #13-151r2. The elevation drawing shows only three canopy tie backs running back to the fascia. When the canopy was installed four canopy tie backs were actually used. Because of this the sign would not fit where shown. Our only options were to install on the front of the canopy or manufacturer a new raceway extending 25” out from the fascia with the letters mounted on the front of it. Due to the weight of a 25” deep raceway versus a 9” raceway Freeman Signs made the decision it would be more structurally sound to install on top of the canopy. We were notified about two weeks ago by Gary Lopez the sign was in violation of code because the sign projects more than 12” from the fascia and was installed on top of the canopy. Included with this letter is drawing #13-151r4 showing the sign on the actual building canopy and method with which it is attached. This was approved by the landlord due to these same issues. It has been on top of that canopy for about nine months and is still firmly in place. Please consider all of these facts and allow this variance request. Best regards, Wendy K. Bergman Account Executive Gordon Sign 5861 Terminal Avenue Colorado Springs, CO 80915 719.358.5266 e ENDVIEW e .2'-10" .2'-7' 9" ===== 14'-0 .3/4" e (1 EP-.) SET OF ILLUMINATED P/C/L TRS AND LOGO CABINET 3/8":1'-0" e �I<NS: PI<.EFINISHED WHITE ALUMINUM F.ACE: WHITE ACI<.YLIC WITH 1" BLACK TI<.IM CAP. PEI<.FECT TO HAVE *1.3630-73 !<.ED� *13630-87 VINYL OVEI<.LA YS. IU.UMINATION: WHITE L.E.D.'S AS I<.EQUII<.ED. �EWAY: PAINTED TO BENJAMIN MOOI<.E BI<.IDGEWATEI<. TAN. ===== e SOUTH ELEVATION 118"=1'-0" e 9'-1 7/8" �F FREEMAN S/GNS SALES: S/NC£,954 3883 Monaco Parkway Denver, CO 80207 PHONE: 303.781.0106 FAX: 303.762.9293 WENDY BERGMAN WBERGMANII2!FREEMANSIGNS.NET .... �'11&1�1 • ..... !.ll 4.21.13 REVISIONS: THIS DESIGN PLANS ARE PROPERTY OF FREEMAN SIGNS AND ARE PRESENTED HERE FOR THE SOLE PURPOSE OF PURCHASING THESE PLAN OR A SIGN MANUFACTURED FROM THESE PLANS. IT IS FORBIDDEN TO DISTRIBUTE I EXHIBIT THESE PLANS TO ANYONE OTHER THAN THE EMPLOYEES OF YOUR COMPANY WITHOUT PRIOR WRITIEN CONSENT FROM FREEMAN SIGNS. USAGE OF THESE PLANS TO BUILD SIMILAR SIGNAGE OR USAGE OF ANY GRAPHICS INCLUDED WITHIN THESE DESIGN PLAN IS EXPRESSLY FORBIDDEN. UNAUTHORIZED USAGE OF THESE DESIGN PLANS WITHOUT PRIOR WRITIEN CONSENT FROM FREEMAN SIGNS WILL RESULT IN A CHARGE OF $5,000 PER SHEET FOR REIMBURSEMENT OF TIME AND EFFORT. FREEMAN SIGNS WILL, TO THE BEST OF OUR ABIUTIES, MATCH SPECIFIED COLORS AS PRECISELY AS POSSIBLE, BUT DUE TOO THE LIMITATIONS OF COLOR PRINTING, COLORS SHOWN MAY NOT BE EXA CT REPRESENTATIONS OF THE ACTUAL PANTONE OR SPOT COLORS CALLED OUT. ACTUAL COLORS ON FINISHED PRODUCTS WILL VARY DEPENDING ON SUBSTRATE MATERIALS AND PAINTS USED. CUSTOMER APPROVAL: X: I I 9" 1---+----1 5" 2 7/8" 2'-10" 2'-7' 9" AWNING e END VIEW e - -t- -1- � RACEWAY l r- ---1- -H --e 2" X 2" ALUMINUM ANGLE CLIPS EVERY 2'-0" ACROSS RACEWAY. �·--·1--H--e 3/8" X 3" GRADE 5 BOLTS. EVERY 2'-0" ACROSS RACEWAY. �1----1--+1 · - AWNING e END VIEW e MOUNTING DETAIL 24'-3 7/8" 14'-0 3/4" e (1 EA.) SET OF ILLUMINATED P/CIL TRS AND LOGO CABINET 3/8"=1'-0" e REiURNS: PREFINISHED WHITE ALUMINUM FACE: WHITE ACRYLIC WITH 1" BLACK TRIM CAP. PERFECT TO HAVE **3630-73 RED$ l*3630-87 VINYL OVERLAYS. IU..UMINATION: WHITE L.E.D.'S AS REQUIRED. RACEWAY: PAINTED TO BENJAMIN MOORE BRIDGEWATER TAN. 9'-1 7/8" e (1 EA.) SET OF ILLUMINATED P/C/L TRS AND LOGO CABINET 3/8"=1'-0" e � � �, FREEMAN S/GNS 3883 Monaco Parkway Denver, CO 80207 PHONE: 303.781.0106 FAX: 303.762.9293 P E RPICT ll��li!Hl' SALES: WENDY BERGMAN WBERGMAN�FREEMANSIGNS.NET 4.21.13 REVISIONS: THIS DESIGN PLANS ARE PROPERTY OF FREEMAN SIGNS AND ARE PRESENTED HERE FOR THE SOLE PURPOSE OF PURCHASING THESE PLAN OR A SIGN MANUFACTURED FROM THESE PLANS. IT IS FORBIDDEN TO DISTRIBUTE I EXHIBIT THESE PLANS TO ANYONE OTHER THAN THE EMPLOYEES OF YOUR ' ' ' ' ' / / . fl ;" , " • " • • . • ::: . : : . . . • • : • :. : . �: . :: . . . .. '/' n ·: •' . . . . . . . . :. {�. ,-'• .. ":;-., . . . . .. r . . . . • :..:. . i : :: . . ..: :· . . · . . . :. · . .. . . ii :: ' ) ' ':,-::.�� : f ·!-.. I �-- ...T . ....f=i.(' . . · .: . .. �� .... . . I \: i l· ' " " I I .. I .. t' " . :: ii " ( ! jl ' � • . !i ' . ::\-1 : . ,. p I :. .. : ,: I ' I " : •• I " I ' Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover 3/26/2015 LEGAL NOTICE Council Liaison: Gino Campana Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 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 described property: Zoning District: 3.8.7(J) Wendy Bergman, Contractor and Perfect Teeth North College 1856 N. College Avenue C-C-N The variance would allow an existing flush wall sign for Perfect Teeth to remain in place on the south wall. The existing flush wall sign projects 12.5 inches above the top of the canopy. The code does not allow a canopy sign to project above the canopy on which it is mounted. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2799 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:30 a.m. on Thursday, April 9, 2015 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 Noah Beals, Senior City Planner-Zoning at (970) 416-2313. Senior City Planner-Zoning THOMPSON VALLEY MGMT LLC 1856 NORTH COLLEGE LLC 1043 EAGLE DR LOVELAND, CO 80537 DILLON COMPANIES INC 1014 VINE ST CINCINNATI, OH 45202 JPMORGAN CHASE BANK NA PO BOX 1919 WICHITA FALLS, TX 76307 LAMPLIGHTER LODGING INC 1809 N COLLEGE AVE FORT COLLINS, CO 80524 LEGENDS HOLDINGS LLC 1845 N COLLEGE AVE FORT COLLINS, CO 80524 VISTA TWO PARTNERS LLC PO BOX 28421 SCOTTSDALE, AZ 85255 04.09.15 (6) Appeal 2799 1856 N College Ave Agenda Item 3 Item # 3 - Page 1 STAFF REPORT April 9, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2800 PROJECT DESCRIPTION Address: 1500 W Mountain Ave Petitioner: Jeff Gaines, HighCraft Builders Owners: Jennifer Crane & Scott Denning Zoning District: N-C-L Code Section: 4.7(E)(4) Variance Request: The variance would allow a new 460 square foot one-story addition to be built on a corner lot. The proposed addition would be constructed 2 feet 11 inches into the required 15 foot corner side setback. The existing house is already 3 feet 3 inches into the required 15 foot corner side setback. RECOMMENDATION: Staff recommends the approval of the variance allowing a new 460 square foot one-story addition to be constructed 2 feet 11 inches into the required 15 foot corner side setback. The existing house is already 3 feet 3 inches into the required 15 foot corner side setback. STAFF COMMENTS: 1. Background: The property was annexed and platted in 1924. Shortly thereafter, the original structure on the lot was constructed. The setback from the public right-of-way is 15 feet. The site does not have any public sidewalk along Roosevelt Ave. The property line is approximately 14 feet from the curb line. 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 460 square foot addition to encroach 2 feet 11 inches into the required corner side setback and finds that: • The variance request is not detrimental to the public good. • The encroachment distance is 4 inches less than the current structure. • The encroachment is approximately 19% of the 15 feet setback. • The request is approximately only 10% of the entire frontage of the lot along Roosevelt Ave. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of Appeal # 2800. Explanation for Requested Setback Variance for Addition at 1500 West Mountain Ave This variance request would allow for the non-conforming side-corner setback of the existing house to be extended through a one-story rear addition. The addition would be slightly recessed from the existing house, and would extend about 18’-6” beyond the existing northeast corner of the house along Roosevelt Avenue. Matching up closely with the edge of the existing house allows the addition to accommodate a functional kitchen, breakfast nook, rear entry, and basement stair. It allows for efficient arrangement of these spaces with strong connection to the existing living areas of the house. Due to the narrowness of the house, and division into bedrooms along the west side and public space along the east side, conforming to the setback would result in a disjointed plan that would have to extend much farther into the backyard and not be nearly as functional as one benefitting from this requested variance. Criteria 1 – Exceptional physical conditions: The existing house sits approximately 12’-6” inside the east property line of the lot along Roosevelt Avenue; approximately 2’-6” shy of the required 15’ side-corner setback. However, the public right of way as defined by the curb sits an additional approximately 12’ beyond the east property line (sidewalks are intermittent in the vicinity). This effectively creates an approximately 24’-6” setback from the public right of way. Criteria 2 – Proposal promotes the general purpose of the standard (side-corner setback): Given the space existing between the house and the curb, the proposed addition would not surpass the relationship to the public right of way that the 15’ setback requirement seeks to create. The low eave of the existing house will extend through the addition, meaning there will be not architectural features such as side-gables that would raise the addition’s roofline or presence facing Roosevelt Avenue. Criteria 3 – Proposal will diverge from standard in an inconsequential way when considered in the neighborhood context: Corner lot homes along Mountain Avenue range in both proximity to side streets and depth along those streets. The house catacorner at 1441 West Mountain Ave. has a rear garage off Roosevelt, meaning that the mass of house and garage extend along Roosevelt about 100’ at approximately 24’ off curbside. Houses at 1404 and 1300 West Mountain Ave, the next two southeast corners along the same side of Mountain, each extend about 58’ along side streets at approximately 24’ off curbside. The addition at 1500 West Mountain Ave. would create a house extending a similar 58’ along Roosevelt Ave, at approximately 24’-6” off curbside. The divergence from required setback will be inconsequential when considered in the context of a neighborhood with a wide variety of house forms and lot layouts. The resulting addition will create a house very similar in massing on the lot to several nearby properties. PROGRESS SET 18'-6" T/(E) MUDSILL: -8" T/(E) SUBFLOOR: 0" T/(E) 1F PLATE: 8'-4.5" T/(E) CLG. JOISTS: 8'-8" T/(E) RIDGE: 17'-0" T/(E) GRADE: -2'-4" CORNER OF EXISTING HOUSE PROPOSED REAR ADDITION (REPLACES AND EXPANDS EXISTING REAR ADDITION) T/(E) MUDSILL: -8" T/(E) SUBFLOOR: 0" T/(E) 1F PLATE: 8'-4.5" T/(E) CLG. JOISTS: 8'-8" T/(E) RIDGE: 17'-0" T/(E) GRADE: -2'-4" SIDE ADDITION PROPOSED REAR ADDITION CORNER OF EXISTING HOUSE 1' 5' 10' 1' 5' 10' 1' 5' 10' 1' 5' 10' preliminary set date: 3/8/2015 scale: as noted sheet: 3/3 addition and remodel designed by: jeff gaines Jennifer Crane and Scott Denning 1500 W. Mountain Ave. Fort Collins 429 S. HOWES STREET FORT COLLINS, CO 80521 970.472.8100 design. build. remodel (N) WEST ELEVATION 1/4" = 1'-0" (N) EAST (ALONG ROOSEVELT AVE.) ELEVATION 1/4" = 1'-0" (N) SOUTH (FRONT) ELEVATION 1/4" = 1'-0" (N) NORTH (REAR) ELEVATION 1/4" = 1'-0" PROGRESS SET UP 18'-6" UP (N) 12'-10" +/- 16' +/- 3' +/- A A A S1 B1 10 20 30 40 ALLEY EXISTING ONE STORY RESIDENCE PROPOSED ONE STORY REAR ADDITION PROPOSED ONE- STORY SIDE ADDITION EXISTING ONE STORY GARAGE 180' 180' 50' 50' WEST MOUNTAIN AVE. ROOSEVELT AVE. NEIGHBORING HOME 5' SIDE S.B. 15' SIDE-CORNER S.B. 5' REAR- ALLEY S.B. 15' FRONT S.B. (E) 12'-6" +/- (N) 90' +/- (E) 108' +/- (E) 9'-6" +/- (N) 5' (E) 30' +/- ADDITION RECESSED 4" EXISTING REAR ADDITION N preliminary set date: 3/8/2015 scale: as noted sheet: 1/3 addition and remodel designed by: jeff gaines Jennifer Crane and Scott Denning 1500 W. Mountain Ave. Fort Collins 429 S. HOWES STREET FORT COLLINS, CO 80521 970.472.8100 design. build. remodel (N) SITE PLAN 1/16" = 1'-0" Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover 3/26/2015 LEGAL NOTICE Council Liaison: Gino Campana Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 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 described property: Zoning District: 4.7(E)(4) Jeff Gaines, HighCraft Builders; Jennifer Crane & Scott Denning 1500 W. Mountain Avenue N-C-L The variance would allow a new 460 square foot, one-story addition to be constructed 2 feet 2 inches into the required 15 foot minimum side yard width on the street side of a corner lot. The existing house is built 2 feet 6 inches into the required 15 foot corner-side setback. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2800 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:30 a.m. on Thursday, April 9, 2015 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 Noah Beals, Senior City Planner-Zoning at (970) 416-2313. Senior City Planner-Zoning GROVE WILLIAM F JR SWEARINGEN LUCINDA E 104 N ROOSEVELT AVE FORT COLLINS, CO 80521 JONES DAVID S PHELAN JANE PARKER 115 N ROOSEVELT AVE FORT COLLINS, CO 80521 BABBITT GUY R BUTLER LISA R 120 N ROOSEVELT AVE FORT COLLINS, CO 80521 LOBEJKO NICHOLAS J 124 N ROOSEVELT AVE FORT COLLINS, CO 80521 MARX ERNEST S MOOK SARA 125 N ROOSEVELT AVE FORT COLLINS, CO 80521 WASSERMAN BRUCE ARLEN 1420 W MOUNTAIN AVE FORT COLLINS, CO 80521 SHEAFOR BRADFORD/NADINE 1426 W MOUNTAIN AVE FORT COLLINS, CO 80521 DENNING ALLAN SCOTT CRANE JENNIFER 1117 W OAK ST FORT COLLINS, CO 80521 BURKHALTER JOHN P/KRISTEN L 1501 W MOUNTAIN AVE FORT COLLINS, CO 80521 WARREN KAREN BETH MILLER LON A 1504 W MOUNTAIN AVE FORT COLLINS, CO 80521 CRAWFORD STEWART HINES ANDREA 1505 W MOUNTAIN AVE FORT COLLINS, CO 80521 KALTENHAUSER JEROME C MITCHELL ELIZABETH A 1508 W MOUNTAIN AVE FORT COLLINS, CO 80521 POPPEN WENDY 1512 W MOUNTAIN AVE FORT COLLINS, CO 80521 MEANS DOUGLAS A 1516 W MOUNTAIN AVE FORT COLLINS, CO 80521 04.09.15 (14) Appeal 2800 1500 W Mountain Ave Agenda Item 4 Item # 4 - Page 1 STAFF REPORT April 9, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2801 PROJECT DESCRIPTION Address: 519 W Mountain Ave Petitioner/Owners: Chris and Ellen Kelly Zoning District: N-C-M Code Section: 4.8(E)(2) Variance Request: The variance would allow a 10 feet x 18 feet porch cover to be constructed 4 feet 4 inches into the required 15 feet front setback. RECOMMENDATION: Staff recommends approval of the variance request to allow a new 10 feet x 18 feet porch cover to be constructed 4 feet 4 inches into the required 15 feet front setback, with the condition that the porch remains open on three sides. STAFF COMMENTS: 1. Background: This property was a part of the original 1873 City of Fort Collins map. The original structure was built approximately in 1898. The property does not line up with the back of the sidewalk. There is an additional 4 feet of public right-of-way extending the back of the sidewalk. 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 new 10 feet x 18 feet porch cover to be constructed 4 feet 4 inches into the required 15 feet front setback, with the condition that the porch remains open on three sides and finds that; • The request is not detrimental to the public good. • With the additional 4 feet of public right-of-way, the structure is 4 inches less than 15 feet from the back of the sidewalk. • The request is for an open wall structure and the encroachment is limited to a one-story cover and support beams. • Other buildings on the block to the west of the property also encroach into the front setback. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Agenda Item 4 Item # 4 - Page 2 4. Recommendation: Staff recommends approval of Appeal # 2801, with the condition that the porch remains open on three sides. ktColli� City of Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134- fax fcgov. comlcurrentplanning Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2801 Meeting Date Thursday, April 09, 2015 300 Laporte Ave. Council Chambers, 8:30 am Petitioner must be present at the meeting. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within six months of the date of the variance. Any extension of this six month time limit must be stipulated by the Zoning Board of Appeals at the time the variance is granted. Address 519 W Mountain Ave City Fort Collins State ZipCode 80521 Owner: Chris and Ellen Kelly Code Section(s) 4.8(E)(2) Job Status Not Started Zoning District NCM co Petitioner: Petitioner Is: Phone Number Chris and Ellen Kelly Owner (703) 819-5299 Petitioners Address 519 W. Mountain Ave Description: The variance would allow a 1 0' x 18' porch cover to be constructed 4'-4" into the required 15' front setback. Hardship Tuesday, March 10,2015 Petitioner Slgnature ruuA .....-----:) I Chris and Ellen Kelly 519 W Mountain Ave Fort Collins, CO 80521 To: Zoning Board of Appeals We are requesting a variance of 4 feet 4 inches from the property line to build a useable porch on the property at 519 W Mountain Ave. We believe this improvement will be nominal and inconsequential to the context of the neighborhood for the following reasons: 1. While the porch will be 10’ 8” from the property line it is 20’ 8” from the right of way (Mountain Avenue) 2. The variance uses less than 30% of the set back requirements 3. There is an alley on one side of the property 4. The plan has been reviewed and approved by the historical preservation committee. Therefore this porch design is in context to the neighborhood and the time period for which the house was built. 5. This porch replaces a porch that was removed prior to 1948. 6. Adjoining neighbors on Mountain Avenue are supportive of the porch addition. We appreciate your time and consideration for this variance request. Sincerely, Chris and Ellen Kelly CHR\S � f:.LL�N 1(1:,\,Ll" 0 �9 MOU �� T� I f'l A'/E.NU E ANDERSON ASSOCIATES ARCHITECTS I ARCHITECTURAL ENGINEERS, LLC 422 EAST OAK STREET FORT COLLINS, COLORADO 80524 - .-1 ..... F I _,Qlt .. J .. H}0 }ON jtffi1 cuYl 9fl1 J-slXA e (31 Yot) t{; ^,t:' ,f, s I q, rl I I Fnofenrr', LINE /i j .r- _-:-li t I I Vr ui q', F- <i 1 rsl (r) Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover 3/26/2015 LEGAL NOTICE Council Liaison: Gino Campana Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 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 described property: Zoning District: 4.8(E)(2) Chris and Ellen Kelly 519 W. Mountain Avenue N-C-M The variance would allow a 10 foot x 18 foot porch cover to be constructed 4 feet 4 inches into the required 15 foot front setback. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2801 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:30 a.m. on Thursday, April 9, 2015 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 Noah Beals, Senior City Planner-Zoning at (970) 416-2313. Senior City Planner-Zoning 3311 LAPORTE LLC 220 N SHIELDS ST FORT COLLINS, CO 80521 PETERS MICHAEL J/PAGE ANN 511 W MOUNTAIN AVE FORT COLLINS, CO 80521 FAWZY A CHRISTOPHER 515 W MOUNTAIN AVE FORT COLLINS, CO 80521 WHITE MARCI S/DAVID D 516 W MOUNTAIN AVE FORT COLLINS, CO 80521 KELLY CHRISTOPHER/ELLEN PHALEN 519 W MOUNTAIN AVE FORT COLLINS, CO 80521 PINE HILL PROPERTIES LLC 2613 YORKSHIRE ST FORT COLLINS, CO 80526 521 WEST MOUNTAIN LLC 219 S LOOMIS AVE FORT COLLINS, CO 80521 KERIG DANIEL 4320 N COUNTY ROAD 13 FORT COLLINS, CO 80524 LA-DE-MAE LLC 4400 N COUNTY ROAD 9 FORT COLLINS, CO 80524 HAYES AMY S ABRAMOWITZ FRED 529 W MOUNTAIN AVE FORT COLLINS, CO 80521 MOZER ELIZABETH GRANT 109 S SHERWOOD ST FORT COLLINS, CO 80521 GRANT MARGARET S PO BOX 44 FORT COLLINS, CO 80522 GRANT MARGARET S PO BOX 44 FORT COLLINS, CO 80522 VAUGHAN TIMOTHY L 123 S SHERWOOD ST FORT COLLINS, CO 80521 PULLEN MOLLY R/CHRISTOPHER W 125 S SHERWOOD ST FORT COLLINS, CO 80521 HURST BRIAN 520 W OAK ST FORT COLLINS, CO 80521 LIM VERONICA LIM 108 S WHITCOMB ST FORT COLLINS, CO 80521 HICKMAN T SCOTT 505 N BIG SPRING STE 105 MIDLAND, TX 79701 KALEY LANE C 118 S WHITCOMB ST FORT COLLINS, CO 80521 KNAPP MAYNARD K/ALISON M 122 S WHITCOMB ST Agenda Item 5 Item # 5 - Page 1 STAFF REPORT April 9, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2802 PROJECT DESCRIPTION Address: 324 E. Oak Street Petitioner/Owner: Rob Kittle Zoning District: N-C-B Code Section: 4.9(D)(3), (D)(6)(d), (E)(2)(a)(1), & (E)(2)(b)(1) Variance Request: Four variances are requested: • The first variance would allow a second story addition to be built on an accessory building with habitable space resulting in 1,225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. • The second variance would allow an accessory building with habitable space to encroach 6 feet into the required 7 feet side yard setback. The existing building is 1 foot from the west property line. • The third variance would allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. • The fourth variance would allow an accessory building with habitable space to have an eave height along a side property line of 22 feet in height. The code restricts the eave height of an accessory building with habitable space to 13 feet along any side property line. RECOMMENDATION: Staff recommends the approval of the four variances requested: • The first variance to allow a second story addition to be built on an accessory building with habitable space resulting in 1,225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. • The second variance to allow an accessory building with habitable space to encroach 6 feet into the required 7 feet side yard setback. The existing building is 1 foot from the west property line. • The third variance to allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. • The fourth variance to allow an accessory building with habitable space to have an eave height along a side property line of 22 feet in height. The code restricts the eave height of an accessory building with habitable space to 13 feet along any side property line. STAFF COMMENTS: 1. Background: The property was a part of the original 1873 City of Fort Collins Map. The original building was constructed in 1892. The property is zoned N-C-B, however across the street is zoned N-C-M and across the alley is zoned D. Agenda Item 5 Item # 5 - Page 2 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 requested four variances: • The first variance would allow a second story addition to be built on an accessory building with habitable space resulting in 1,225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. • The second variance would allow an accessory building with habitable space to encroach 6 feet into the required 7 feet side yard setback. The existing building is 1 foot from the west property line. • The third variance would allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. • The fourth variance would allow an accessory building with habitable space to have an eave height along a side property line of 22 feet in height. The code restricts the eave height of an accessory building with habitable space to 13 feet along any side property line. Further staff finds the following: • The variance requests are not detrimental to the public good. • The second story will not increase the distance of the building to the west property line. • The second story will not include any windows along the west property line. • The variances all pertain to the accessory building, which sits behind the primary structure. • The alley is shared with nonresidential uses of Downtown zone district. • The primary structure is historic and an expansion of floor area is preferred to the accessory structure. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of Appeal #2802. ktColli� City of Planning, Development and Tranapol'tlltlon Services current Planning Meeting Date 281 N. College Ave. PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134- fax fcgov. com/currentplannmg Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2802 Thursday, April 09, 2015 300 Laporte Ave. Council Chambers, 8:30 am Petitioner must be present at the meeting. When a building or sign pennit Is required for any work for which a variance has been granted, the penn it must be obtained within six months of the date of the variance. Any extension of this six month time limit must be stipulated by the Zoning Board of Appeal8 at the time the variance is granted. Address City ZipCode Owner: Code Section(s) Job Status Zoning District Description: Hardship 324 E Oak St Fort Collins State co 80524 Rob Kittle 4.9(0}(3},(0}(6}(d },(E }(2}(a }(1 },&(E )(2)(b )(1) Not Started NCB Petitioner: Petitioner Is: Owner Owner Phone Number (970) 4604444 Petitioners Address 324 E. Oak St Four variances are requested: The first variance would allow a second story addition to be built on an accessory building with habitable space resulting in 1225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. The second variance would allow an accessory building with habitable space to encroach 6 feet into the required 7 foot side yard setback. The existing building is 1 foot from the west property line. The third variance would allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. The fourth variance would allow an accessory building with habitable space to have an eave height along a side property line of 22 feet high. The code restricts the eave height of accessory buildings with habitable space to 13 feet along any side property line. Tuesday, March 31,2015 PetiUonerSignabJre�� / March 10, 2015 Proposal for the property at 324 E Oak Street, Fort Collins CO 80524 I recently purchased the property at 324 E Oak Street and relocated my real estate company there. While we love the architectural design and location, we need additional work space. We have been evaluating options to expand the square footage of the office and we believe the best option for this is to add to the already existing structure in the back of the main building. This decision is based on feedback from representatives of the Fort Collins Planinng and Zoning Department and the Fort Collins Preservation Department. This feedback also aligns with what we received from independent structural engineers, builders, architects, and neighbors that we reached out to as well. As stated, we do not desire to add, change or modify the main house that was designed by a famous architect, Montezuma Fuller, before the tum of the century in 1892. It is known as the Mosman House on the historical registry. Rather we are seeking to add to the existing cinder block structure in the back of the lot, adjacent to the alley. This is a small 22x26 square foot structure that literally all of the aforementioned parties agree would have the lowest impact on altering the site. We are proposing building a second story on the existing structure behind the main house, as opposed to expanding the structure on the ground level, for several reasons. First, there is a lack of parking in the front of the main building directly across the street from the Old Town Library. Our building at 324 E Oak Street is unique because it currently has approximately 6-7 off-street parking spaces on the lot behind the main structure which is an asset and we do not want to replace these spots with another ground level structure. Second, this location is surrounded by other properties that have much larger structures on them and even with the addition of the second floor; there would still be less square footage than the adjacent locations. This structure is located on the far north end of the lot and is directly across the alley from the cinder block building ofNelson's auto. We also believe the addition would enhance the look of the existing cinder block structure and we have been working with architect Per Hogestad on the design of this. Please see the attached design proposal. We look forward to working together with you to come to a win-win solution that will enhance the location while increasing usable square footage. Respectfully, Rob Kittle 324 East Oak Street I Fort Collins, CO 80524 I Phone: (970) 460-4444 I Fax: (888) 506-7809 I ww.wKittleTeam.com [p � 23' -0" ---- E 11 8 11. E 10 2 10 T _LO 1 --- ' " I.J(} �-_:-� , - -- -.. · , I vtU -- - , I "' . ..... ..... 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I -, I I - I I I I I I I I I � mo Ol""U I I I I I I I I I I I I Olrrl G) z I (/)Q .. I I I .,.,.,., .,., () rrl \___ I I I I I I I I I I I I I I I I I I ·' j - _j I I ,O-,t = NVld ,28/l 311S 13liJJS l.33�l.S >t\fO esnoH MIDJ.uewso1111 S lll\.1. JSt1lH NMI (J.liJSt1lH Allll.I.ii.I.S DIU l!>'tiliS JND •!UN> W:> ,·,: \ \ \ �t • Larime.r County Land Information Locator � Created by Lar;mer County us;ng data from w ��--• warranty multiple sources. as to the Larimer accuracy County of this makes product. no This � t>( • m;,p m;,y not r.:H.:ct r.:c.:nt upd;,t.:s prior to th.: date of printing. Printe-d: 3124115 Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover 3/26/2015 LEGAL NOTICE Council Liaison: Gino Campana Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 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 described property: Zoning District: 4.9(D)(3 ); (D)(6)(d ); (E )(2 )(a )(1); and (E )(2)(b)( 1) Rob Kittle 324 E Oak Street N-C-B Four variances are ·requested: The first variance would allow a second story addition to be built on an accessory building with habitable space resulting in 1225 total square feet. The code restricts accessory buildings with habitable space to 600 square feet. The second variance would allow an accessory building with habitable space to encroach 6 feet into the required 7 foot side yard setback. The existing building is 1 foot from the west property line. The third variance would allow an accessory building with habitable space to be 2 stories. The code allows accessory buildings with habitable space to be a maximum of 1.5 stories. The fourth variance would allow an accessory building with habitable space to have an eave height along a side property line of 22 feet high. The code restricts the eave height of accessory buildings with habitable space to 13 feet along any side property line. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2802 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:30 a.m. on Thursday, April 9, 2015 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 Noah Beals, Senior City Planner-Zoning at (970) 416-2313. Senior City Planner-Zoning POUDRE RIVER PUBLIC LIBRARY 201 PETERSON ST FORT COLLINS, CO 80524 FISHFAM ENTERPRISES LLC 105 PETERSON ST FORT COLLINS, CO 80524 GILRAE LLC 107 PETERSON FORT COLLINS, CO 80524 HALL JOYCE A/GRANT E 1625 E COUNTY ROAD 58 FORT COLLINS, CO 80524 CASSIS LIVING TRUST 2511 FERNWOOD DR VIENNA, VA 22181 HOME STATE BANK 303 E MOUNTAIN AVE FORT COLLINS, CO 80524 LARIMER COUNTY FARM BUREAU 335 E MOUNTAIN AVE FORT COLLINS, CO 80524 SCOTT DAVID S/JANET M PO BOX 271125 FORT COLLINS, CO 80527 SIDIS CORP 345 E MOUNTAIN AVE FORT COLLINS, CO 80521 A AND W PROPERTIES LLC PO BOX 532 FORT COLLINS, CO 80522 TRAN TOM 1630 S COLLEGE AVE FORT COLLINS, CO 80525 COX JAMES A JR 318 E OAK ST FORT COLLINS, CO 80524 322 EAST OAK LLC 322 E OAK ST FORT COLLINS, CO 80524 VERUS UNIVERSITAS HOLDINGS GLOBAL EDUCATORS INC 324 E OAK ST FORT COLLINS, CO 80524 RAY MARY E 330 E OAK ST FORT COLLINS, CO 80524 PETRIK JENNIFER J SHERWOOD MICHAEL S 334 OAK ST FORT COLLINS, CO 80524 04.09.15 (16) Appeal 2802 324 E Oak St Agenda Item 6 Item # 6 - Page 1 STAFF REPORT April 9, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL # 2803 PROJECT DESCRIPTION Address: 5204 Greenway Drive Petitioner: Landmark Garages, Contractor Owner: Jay Kennedy Zoning District: U-E Code Section: 4.4(D)(2)(c) Variance Request: The variance would allow a newly constructed garage to remain encroaching 9 feet into the required 15 foot rear yard setback. A building permit was issued based on a site plan that illustrated the structure in compliance with the 15 foot rear yard setback. RECOMMENDATION: Staff recommends denial of variance request to allow a newly constructed garage to remain encroaching 9 feet into the required 15 foot rear yard setback. STAFF COMMENTS: 1. Background: The applicant was issued a building permit to build a garage that met all required setbacks. The site plan submitted with the building permit application did not include an addition on the rear of the primary building. To avoid this rear addition to the primary structure, the applicant located the garage further back to allow room for vehicles using the garage. This relocation was not submitted or approved by the City. Final inspections found the structure to be in an alternative location that encroaches into the required 15 feet rear setback. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends denial of the variance request and finds that: • The applicant has not demonstrated how the variance request is due to a unique hardship of the property that is not caused by the act or omission of the applicant. • It is not seen that this is the only location for the garage; there appears to be other locations on the site that would comply with the setbacks. 4. Recommendation: Staff recommends denial of Appeal # 2803. City of �Fort Collins Planning, Development & Transportation Neighborhood and Building Services 281 N. College A.ve. PO Box580 �__,,...-.....� Fort Collins, CO 80522 970.416.2350 970.224.6134 FAX www.fcgov.com Meeting Date Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2803 Thursday, April 09, 2015 300 Laporte Ave. Council Chambers, 8:30am Petitioner muat be present at the meeting. When a building or sign pennlt Ia required for any work for which a variance has been granted, the pennlt must be obtained within alx month& of the data of the variance. Any extension of this elx month time limit must be stipulated by the Zoning Board of Appeal& at the time the variance Ia granted. Add rea City ZlpCode Owner: Code Sectlon(a) Job Status Zoning District Daecrlptlon: Hardship 5204 Greenway Drive Fort Collins State 80525 Jay Kennedy 4.4(0)(2)(c) Finished - ---·-- co Petitioner: Petitioner 18: Landmark Garages Contractor Phone-Number (303) 944-409 1 Petitioners Addreas 8526 E 163rd Ave Brighton, CO 80602 The variance would allow a newly constructed garage to remain encroaching 9 feet into the required 15 foot rear yard setback. A building permit was issued based on a site plan that illustrated the structure in compliance with the 15 foto rear yard setback. See Petitioner's Letter Friday, March 20,2015 LANDMARK GARAGES, INC 8526 East 163rd Avenue Brighton, CO 80602 303-317-7444 To The City of Fort Collins: Job Address: 5204 Greenway Drive We are requesting a variance to the rear setback for a detached garage at 5204 Greenway Drive. A 6 foot rear setback is requested where 15 feet is required. Due to the distance from the rear of the house to the rear property line, access to the garage would be severely limited with the 15 foot setback. Thank you, Landmark Garages Larime.r County Land Information Locator � Created by Lar;mer County us;ng data from w ��--• warranty multiple sources. as to the Larimer accuracy County of this makes product. no This � t>( • m;,p m;,y not r.:H.:ct r.:c.:nt upd;,t.:s prior to th.: date of printing. Printe-d: 3124115 Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover 1/28/2015 LEGAL NOTICE Council Liaison: Gino Campana Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 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 described property: Zoning District: 4.4(D)(2)(c) Landmark Garages and Jay Kennedy 5204 Greenway Drive R-L The variance would allow a newly constructed garage to remain encroaching 9 feet into the required 15 foot rear yard setback. A building permit was issued based on a site plan that illustrated the structure in compliance with the 15 foot rear yard setback. This item will appear on the Zoning Board of Appeals agenda as Appeal Number: 2803 As an adjacent property owner, your input would be appropriate in the consideration of this variance request. The hearing on this appeal will be held at 8:30a.m. on Thursday, April 9, 2015 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 Noah Beals, Senior City Planner-Zoning at (970) 416-2313. Senior City Planner-Zoning BERGER ROBERT ANTHONY 105 MOUNT MORIAH RD LIVERMORE, CO 80536 TROUDT KENNETH D 5113 GREENWAY DR FORT COLLINS, CO 80525 HARDWICK COREY 5116 GREENWAY DR FORT COLLINS, CO 80525 RAFOS CRAIG/NICHOLE LYNN 5117 GREENWAY DR FORT COLLINS, CO 80525 KENNEDY JAY 5204 GREENWAY DR FORT COLLINS, CO 80525 BRAWLEY MYKEL L 5205 GREENWAY DR FORT COLLINS, CO 80525 PASSANTINO JOHN DEBORAH ELISE 5208 GREENWAY DR FORT COLLINS, CO 80525 SUNDIN SAMUEL/JENNIFER 5209 GREENWAY DR FORT COLLINS, CO 80525 BERG BARBARA K 5212 GREENWAY DR FORT COLLINS, CO 80525 LOCKMAN REUBEN/VICKI 5109 GRIFFITH DR FORT COLLINS, CO 80525 BLEDSOE BRIAN S 5113 GRIFFITH DR FORT COLLINS, CO 80525 GOODWIN CREE/YESENIA 4419 GOSHAWK DR FORT COLLINS, CO 80526 BEUSCHLEIN AMY B/JOY A 509 PARKWAY CT FORT COLLINS, CO 80525 CUCCIA AMBER N 5213 GRIFFITH DR FORT COLLINS, CO 80525 04.09/2015 (14) Appeal 2803 5204 Greenway Dr FORT COLLINS, CO 80521 VOLCKENS JOHN ALBERT EGGERS VOLCKENS AMY M 126 S WHITCOMB ST FORT COLLINS, CO 80521 04.09.15 (21) Appeal 2801 519 W Mountain Ave :\ :rj:" ·- ·: I � .. .:i . :1 . 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UNAUTHORIZED USAGE OF THESE DESIGN PLANS WITHOUT PRIOR WRITIEN CONSENT FROM FREEMAN SIGNS WILL RESULT IN A CHARGE OF $5,000 PER SHEET FOR REIMBURSEMENT OF TIME AND EFFORT. FREEMAN SIGNS WILL, TO THE BEST OF OUR ABILITIES, MATCH SPECIFIED COLORS AS PRECISELY AS POSSIBLE, BUT DUE TOO THE LIMITATIONS OF COLOR PRINTING, COLORS SHOW N MAY NOT BE EXACT REPRESENTATIONS OF THE ACTUAL PANTONE OR SPOT COLORS CALLED OUT. ACTUAL COLORS ON FINISHED PRODUCTS WILL VARY DEPENDING ON SUBSTRATE MATERIALS AND PAINTS USED. CUSTOMER APPROVAL: X: I