The URL can be used to link to this page

Home My WebLink About07/14/2016 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover Karen Szelei-Jackson Council Liaison: Bob Overbeck 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 (TDD 224-6001) for assistance. REGULAR MEETING JULY 14, 2016 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 ZBA160018 Address: 2034 S. Taft Hill Road Petitioner/Owner: Matthew and Jamie Black Zoning District: R-L Code Section: 3.5.2(E)(5) Project Description The variance request is to allow a 1,728 square foot accessory structure to be constructed; the maximum square footage allowed is 1,200 square feet. • OTHER BUSINESS • ADJOURNMENT ZONING BOARD OF APPEALS AGENDA Agenda Item 1 Item # 1 - Page 1 STAFF REPORT July 14, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160018 PROJECT DESCRIPTION Address: 2034 S Taft Hill Road Petitioner/Owners: Matthew & Jamie Black Zoning District: R-L Code Section: 3.5.2(E)(5) Variance Request: The variance request is to allow a 1,728 sf. accessory structure to be constructed; the maximum allowed is 1,200 sf. RECOMMENDATION: Staff recommends approval to allow an increase in size to a detached accessory building. STAFF COMMENTS: 1. Background: The property is zoned Low Density Residential (R-L). In the R-L Zone District accessory buildings are permitted to a maximum size. The maximum size varies and is based on the size of the parcel. The subject parcel is approximately .51 acres in size. The allowed maximum for an accessory building on this size parcel is 1,200 sf. The allowed maximum height of an accessory structure in the R-L Zone is the same as allowed for the primary building, which is 28 ft. The owners submitted a Building Permit application to the City to build an accessory building that is 1,728 sf in size. The City did issue a permit to build the structure. The structure was mostly constructed when a complaint came in about the height of the structure. In investigating the complaint, City staff concluded the height of the structure is in compliance at 20’4”, but found that the size of the structure exceeded the maximum allowed by 528 sf. At the time of this discovery a Stop Work order was placed on the project, because the Building Permit had been issued. In the R-L Zone district there is not a maximum number on accessory structures. Any number of accessory structures could be built. Additionally, these structures do not have a minimum separation distance from each other. The only setback requirements are from the property lines and are the same as the primary building. The R-L Zone district does require a lot size to be 3 times greater than the total square footage on the lot. The subject property is in compliance with this standard, even with the proposed oversized structure. 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 requests to increase the maximum size of the accessory structure to 1,728 sf and finds:  These requests are not detrimental to the public good.  The accessory building is in compliance with height and setback standards. Agenda Item 1 Item # 1 - Page 2  With the proposed structure, the total square footage on the lot does not exceed the maximum allowed.  The same amount of square footage could be built in multiple accessory buildings. 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 contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL # ZBA160018. RE: 2034 S Taft Hill Rd To the members of the board, We are requesting a variance from the board for our new garage in which the shell was completed under a building permit issued by the City of Fort Collins when we were served a STOP WORK ORDER. We were issued a building permit from the building department to construct our garage. We are just homeowners, not builders and have never gotten a permit for anything before this. We submitted our application (see attached “A”) and paid for our plan review which cost $392.93 on March 18, 2016 (see attached “B” & “C”). It was during this time we believed the city would review our plan (see attached “D”)and either grant us a permit for our garage or tell us we were not within the standards. It is clearly stated on the application as well as ALL documentation given to the city the size of our garage. After a long process we got the ﬁnal document for our permit and picked up the permit on June 2, 2016. It took us 2 and a half months to get our ﬁnal engineered document for stormwater. We WERE granted the permit after we supplied the rest of the documentation required by the Stormwater department, which was a stormwater plan with elevations and water ﬂow (see attached “E”). We have received one inspection for our setbacks and holes and have passed. At this time we completed the outside of the building when on March 9th we received a STOP WORK ORDER from the zoning department. Our lot is unique because it is not part of the surrounding neighborhood. We have a 22,000sqft lot and the combined foot prints of our new garage and existing house are >3050 sq ft, the house at approx. 1300 and the shop at 1728. The area in which our garage was placed only abuts one neighbor on the east side. The height of our garage is within the 28’ limit as it is 21’ tall. (see attached plans “D”) We have respected all setbacks required at 15’ from our back/east fence and 10’ from our south fence. This has been inspected and passed. We feel the additional size is nominal and inconsequential and does not negatively impact anyone and the view for our east side neighbors would not change had the building been built to 1200sq ft. i-------------108' J"-----------~ ~ .___---61T I ·r-T-----.Lf1 I ~ I 1 I New Garage ;. 10· i. I' 481' jl J 1oa· l \ I 70' 15' •I 20' 31'9._:__i lob Site Address: 2034 South Taft Hill Rd f'Ort Collins, co 80526 Phone# 970 218 88112 Partel • .Q;llileefM' and 9n2200008 Para!ls haw! been amblned (see attached paper) Scale l In = 30 ft 0 Existing Garage Will be removed /t. :';_(> ,.JO Existing Hoose I I 1 I 117'97/16" ~· I 71' I ·- '-24' I I I ~ I I I I I I I ~\rJ)\zJ56 l 140' ,_ ------ South Taft Hiii Rd