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HomeMy WebLinkAbout08/11/2016 - 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 AUGUST 11, 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 ZBA160019 Address: 2025 W. Mulberry Street Petitioner/Owner: Cheryl Corrado Zoning District: L-M-N Code Section: 3.8.3(1) Project Description The variance request is to allow a home occupation in an accessory building. Home occupations are limited to the primary structure. 2. APPEAL ZBA160020 Address: 417 N. Grant Avenue Petitioner/Owners: Torey and Julianna Lenoch Zoning District: N-C-M Code Section: 4.8(D)(1) and 4.8(E)(1) Project Description The variance will reduce the required minimum lot area from 5,000 square feet to 4,900 square feet and reduce the required minimum lot width from 40 feet to 35 feet; in order to allow the existing parcel (9,800 square feet, 70 feet wide) to be put back to its original platted condition of two 4,900 lots and two 35 feet wide lots. This same variance was approved on 03/13/2014 and 06/13/2013. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 August 11, 2016 3. APPEAL ZBA160021 Address: 4235 Breakwater Drive Petitioner/Owner: The Landings Community Association, Inc. Zoning District: R-L Code Section: 3.8.11(C) Project Description The variance would allow an 8 foot fence to be placed on the property line between The Landings HOA parcels and several Detached Single-family parcels. The maximum height allowed for a fence is 6 feet; the request is to allow an additional 2 feet in height. 4. APPEAL ZBA160022 Address: 1625 W. Trilby Road Petitioner/Owner: Matthew Ehrlich Zoning District: R-U-L Code Section: 3.5.2(E)(5) Project Description The variance request is to allow a 7,200 square feet accessory building on a 5.3 acre parcel Rural Lands District (R-U-L). In the R-U-L zone district the maximum accessory building size in 2,500 square feet. 5. APPEAL ZBA160023 Address: 3100 S. College Avenue Petitioners: Matthew Wells and Zoe’s Kitchen Colorado, LLC Owners: Walton Foothills Holdings VI, LLC Zoning District: C-G Code Section: 3.8.7(D)(6) Project Description The variance request is to an additional 31.47 square feet of sign allowance. The maximum sign allowance of the building is 243 square feet. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT August 11, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160019 PROJECT DESCRIPTION Address: 2025 W. Mulberry Street Petitioner/Owners: Cheryl Corrado Zoning District: L-M-N Code Section: 3.8.3(1) Variance Request: The variance request is to allow a home occupation in an accessory building. Home occupations are limited to the primary structure. RECOMMENDATION: Staff recommends approval to allow a home occupation to be operated in the detached accessory structure. STAFF COMMENTS: 1. Background: Home Occupations have several restrictions to limit the impacts upon the neighborhood. Restricting the home occupation to the primary structure is to keep them from becoming the primary use on the property. The L-M-N (Low Density Mixed Use Neighborhood District) does allow for some nonresidential uses. The nonresidential uses are those that are supportive to the residential and are usually found in a neighborhood center. The L-M-N zone district does not have restrictions on floor area on a lot, but still have setbacks. The existing accessory structure does meet the required setbacks. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval the request to allow the home occupation of the residents in the primary structure to be operated from the detached accessory structure and finds: • These requests are not detrimental to the public good • The home occupation will not be operated in the primary structure and will remain accessory in size to the residential structure • The L-M-N does allow for nonresidential supportive uses • The home occupation does not allow for overnight stay of animals and limits the hours of operations. 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 # ZBA160019 2025 W Mulberry Street Variance Request Please consider my request for a variance to Code 3.8.3 Home Occupation. My variance request is to approve a dog grooming business in a small structure on my property behind my house. My home is located at 2025 W Mulberry St. in Fort Collins. It is zoned LMN. Our property is .92 acres. Our house sits close to Mulberry Street on the Northwest side of the property. To the east of the house is another structure, which houses an apartment, cellar and former workshop. The apartment has a small 2 car parking area on the Northeast corner of the property. Behind our house and the fenced backyard area, is what used to be a chicken house many years ago. It is now used for storage and it is this structure that the variance request addresses. I think it would be a much better location for this particular home based business than if the business were in my house as the code permits. My several reasons but the are two listed main in the reasons application involve and the on safety an additional and well page being as of there my clients are (dogs) as well as my own pets. The structure is a former chicken house that has been converted to storage many years ago. It needs some renovations regardless of what we do with it and putting a business in it, will make the renovations more affordable in the long run as well as more urgent. We have considered many uses for this building. It is very quaint on the outside with the old red barn color and we would like to keep it that way. We would also like to have the interior used for something more than just storage. It is a historic piece of our property and putting it to use to serve animals, seems to be appropriate based on it’s history. meaningful my My intent own schedule. with work this that I home am I currently will based enjoy. business, a My semi-love retired is of to dogs have business has a business led owner me to working looking explore with for a dogs on profession working with them. After having a successful busy 7 day a week business, my desire is to have a laid back schedule in my new business. I have no intention of packing in as many clients as I can possibly do in a day. I want to give my full attention to my clients (dogs) and work with a few dogs a day. I will also be donating my services to rescues to help their dogs look more attractive and therefore more adoptable. I feel my property is perfect for this. There are many neighbors with dogs, and many of them bark more than my own dog. My dog is not a big barker and I don’t expect to have much reason for my clients to bark. With the structure in the middle of the property it is further away from any other homes and really should not in any way create a disturbance and certainly less than if it were in the house. Thank you for your consideration of this request! If there is any additional information that I can provide, I can be reached at chericorrado@yahoo.com. Sincerely, Cheri Corrado Additional reasons for Variance Request 2025 W Mulberry Street The first two listed below are the same as on the application, I thought it might be easier to have them all in one place so I included them here as well with a little more detail. 1. The structure and parking area are behind the house would be a much safer area for people to get in and out of their cars with their dogs. Near the front of the house, the driveway is narrow and they would be very close to Mulberry Street. If a dog were to get out of the owners hold, they could quickly reach the road. In the back parking area next to the “chicken house” there are fences everywhere but where they drove through and they will be 2. about I have a a half dog acre and a from 20 old the cat road. in my home. Bringing other dogs into my house, however careful we are to separate the business area, there is still risk of a meeting or just a spread of any ailments a dog may have that I am not aware of. Additionally, whether they come in contact or not, my pets will smell and hear them and it could be unsettling to them. I believe it would be safer for my pets both physically and mentally, if this business could be in a different 3. building The structure all together. is set back on the property and further away from other houses to avoid any disturbances (although with by appointment only, there will not be more than 1 or 2 dogs at a time and therefore will minimize any barking that disturbance could occur. of neighbors, Although the I do location not see of any the reason building for will there decrease to be any that risk 4. even The cost more. to the renovations inside the house would be significantly more vs. the former chicken house that serves no purpose now but storage and would 5. Our need house no demo, does just not improvements. have an historic designation but could. It was built in 1905 and the original part of the house is intact. The exterior brick wall and windows remain in the addition that was added in the 80s. We would like to keep the same flow and feel to it and not break that up to create a business inside the house. Thank Cheri you for your consideration! 2025 W Mulberry Street This is the structure I would like to renovate and use as a grooming facility. This is where the door is. We would keep the look of the structure but clean it up, add new windows etc. The door that would be for customer use is on this corner. This is the view from our yard. There is a door on this side too that would just be for our access. This is looking back from the parking area; you can see there is a good stretch to the road. These photos give you the layout. Next to the structure is a tree, There is plenty of room to park there but we are also in the process of clearing out an old playground which would add additional parking. Our cars park right behind our house tucked in along the fence on the right. This leaves plenty of access for customers to drive past and park in the back. We also have a gate here that can completely enclose this parking area if ever needed. This is the turn around area next to the parking area that allows cars to turn and go forward out onto Mulberry. Looking into the parking area from the drive next to where we park our own cars. And just for a little Awwwww factor – My dog’s first bath. She was a rescue foster who we quickly fell in love with and adopted. She has needed a LOT of health care and rehab and I have enjoyed and have been grateful to be able to be home to care for her. She is now a pretty healthy, happy dog who is still recovering from double elbow dysplasia surgery. She should have 100% recovery and hopefully her health problems will all be in the past. I would love to continue to work from home and have that flexibility to continue working with her on her health and training. She needs a little work on her leash walking but I am hoping to get her certified as a therapy dog some day. She has the perfect temperament for it. Thank you for your consideration of this variance! Agenda Item 2 Item # 2 - Page 1 STAFF REPORT August 11, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160020 PROJECT DESCRIPTION Address: 417 N. Grant Avenue Petitioner/Owners: Torey and Julianna Lenoch Zoning District: N-C-M Code Section: 4.8(D)(1) and 4.8(E)(1) Variance Request: The variance will reduce the required minimum lot area from 5,000 square feet to 4,900 square feet and reduce the required minimum lot width from 40 feet to 35 feet; in order to allow the existing parcel (9,800 square feet, 70 feet wide) to be put back to its original platted condition of two 4,900 lots and two 35 feet wide lots. This same variance was approved on 03/13/2014 and 06/13/2013. RECOMMENDATION: Staff recommends approval of the variance request to allow a reduction of 100 square feet in the minimum lot size and 5 feet in minimum lot width. STAFF COMMENTS: 1. Background: The original plat of this part of the city included numerous lots that were 35 feet wide by 140 feet deep, totaling 4,900 square feet in lot area. Most of the lots were developed with one house per 35 foot wide lot. However, some of the lots were developed by combining two 35 foot wide lots for only one house. Over the years, some of the ‘double lots’ have been redeveloped by demolishing the original house and converting the double lot back to its original lot width and area, and then constructing one house on each of the original lots. Variances were obtained from the ZBA to allow this. The property which is the subject of this variance is one of the double lots that was created when the existing house was constructed in 1905. The legal description of the property is Lots 9 and 10, Block 294, West Side, FTC. The house straddles the original lot line dividing the two platted lots. The variance would allow the existing house to be demolished and a new house to be constructed on each of the two original lots. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval to allow a reduction of 100 square feet in the minimum lot size and 5 feet in minimum lot width and finds: • The granting of the variance would not be detrimental to the public good. • The variance will convert the one large parcel back to the two original platted lots and result in redevelopment consisting of two new houses, each on a 35 foot wide lot containing 4900 square feet of lot area. This would result in development that is in keeping with the established development pattern of the neighborhood. • The small lot area reduction of 100 square feet and the lot width reduction of 5 feet are minimal • The resulting number of two dwelling units does not increase the density or result in a greater number of houses than what was originally planned for with the original plat. Agenda Item 2 Item # 2 - Page 2 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 #ZBA160020 Agenda Item 3 Item # 3 - Page 1 STAFF REPORT August 11, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160021 PROJECT DESCRIPTION Address: 4235 Breakwater Drive Petitioner/Owners: The Landings Community Association, Inc. Zoning District: R-L Code Section: 3.8.11(C) Variance Request: The variance would allow an 8 foot fence to be placed on the property line between The Landings HOA parcels and several Detached Single-family parcels. The maximum height allowed for a fence is 6 feet; the request is to allow an additional 2 feet in height. RECOMMENDATION: Staff recommends approval to allow a fence to exceed the maximum height of 6 feet by an additional 2 feet totaling 8 feet in height. STAFF COMMENTS: 1. Background: There are two main reasons that fence heights are restricted to 6 feet in height. The first is to avoid the creating a tunnel effect along streets and sidewalks. In a residential area it is common to find long sections of fence along sidewalks. Keeping the height lower reduces the tunnel effect. The second is to maintain a safer structure. Wind-loads on structures significantly increase as they get taller. Therefore, the Building Department requires a building permit for a fence above 6 feet in height to verify that the structure is engineered correctly. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval to increase the fence height to 8 feet in height and finds: • These requests are not detrimental to the public good. • The fence locations do not directly abutting the public sidewalk • There are significant sized landscape areas between the fences and sidewalks • A building permit is still required to ensure the structures are built safely 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 #ZBA160021 Application Request IRU9DULDQFHIURPWKH/DQG8VH&RGH The Zoning Board of Appeals has been granted the authority to approve variancesIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGwould not be detrimental to the public good$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV  The Landings Community Association, Inc. Request for zoning variance to replace existing fence with 8 foot fence along Boardwalk Drive July 11, 2016 Request: Variance for fence height in residential area. Fence proposed is 8 foot high cedar fence with 6x6 posts. The locations of 2 sections of fencing are along E. Boardwalk Drive where homeowners on Breakwater Court and Southshore Court experience severe noise levels from high traffic on Boardwalk Drive. The fence posed will be 8 feet high in order to shield the back of homes and decks from direct visual alignment with passing cars. Additionally, the HOA will allow homeowners to attach AcoustiBlok (http://www.acoustiblok.com/) or similar material to the homeowner side of the fence at homeowner expense. The HOA has considered cement and brick masonry fencing but the costs are higher than can be afforded and a 6 foot height does not shield homeowners because of the elevated level of homes in the affected area. The locations are marked as “Phase 3” in following diagram. Photos of street facing and homeowner facing sides follow: The Landings Community Association, Inc. Request for zoning variance to replace existing fence with 8 foot fence along Boardwalk Drive July 11, 2016 Agenda Item 4 Item # 4 - Page 1 STAFF REPORT August 11, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160022 PROJECT DESCRIPTION Address: 1625 W. Trilby Road Petitioner/Owners: Matthew Ehrlich Zoning District: R-U-L Code Section: 3.5.2(E)(5) Variance Request: The variance request is to allow a 7,200 square feet accessory building on a 5.3 acre parcel Rural Lands District (R-U-L). In the R-U-L zone district the maximum accessory building size in 2,500 square feet. RECOMMENDATION: Staff recommends approval to allow a 7,200 square foot accessory structure to be built exceeding the allowed maximum of 2,500 square feet. STAFF COMMENTS: 1. Background: The property is zoned Rural Lands (R-U-L) District. In the Land Use Code the R-U-L district, in comparison with other zone districts, has the largest minimum lot size for single family detached use. In the R-U-L the size of an accessory building is determined by the lot size it is on. As the lot size increases the accessory building can also increase in size as shown in the table below. Lot Size Accessory Building Size 20,000 sf 800 sf. 20,000 sf. >1 acre 1,200 sf. 1+ acre 2,500 sf. In the R-U-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. 2. Applicant’s statement of justification: See petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval to allow a 7,200 sf accessory structure to be built exceeding the allowed maximum of 2,500 sf and finds: • These requests are not detrimental to the public good • The accessory building is in compliance with height and setback standards • The same amount of square footage could be built in multiple accessory buildings • The lot size is substantially larger than the minimum lots size to build a 2,500 sf accessory structure Agenda Item 4 Item # 4 - Page 2 • The structure is still required to meet the minimum side setback along both the east and west property line of 50 feet 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 #ZBA160022 Application Request IRU9DULDQFHIURPWKH/DQG8VH&RGH The Zoning Board of Appeals has been granted the authority to approve variancesIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGwould not be detrimental to the public good$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV  August 2, 2016 Appeal Number: ZBA160022 Heidi Shuff and Zoning Board of Appeals- I am writing you to detail my opposition to the variance request embodied in Appeal Number: ZBA160022. Twenty years ago the 5+ acre parcels starting at 1625 W. Trilby Road and continuing west on the south side of Trilby were isolated from the bulk of development in Fort Collins. Today Fort Collins is faced with many issues related to the ongoing high rate of growth. All these parcels now border and are buffer to a natural area and have highly regulated, dense residential development as their neighbors. Growth and land use needs to account for the area as a whole and not be focused solely on a specific parcel or entity in isolation. (This also holds true for the parcels now up for sale on the north side of Trilby across from the parcels mentioned above). As stated in the hearing notice, the R-U-L zoning will allow an accessory building up to a maximum of 2,500 square feet. It is rare to find accessory buildings or machine/storage sheds of this size on parcels of 10 acres or less where usually the main concern is storing riding mowers. A 2,500 square foot shed can easily accommodate multiple tractor(s), pickup(s), assorted attachments (mowers, blades, etc.), and other items like ATVs. This request is for an accessory building almost three times the size allowed. I worked in the agricultural industry for over thirty years and helped design and approve the construction of facilities which included office buildings, laboratories, machine sheds, storage sheds, and other accessory buildings of various sizes. A building this large is more in line with a several hundred acre working farm. Even if this 5.3 acre parcel was flat with good, tillable soil, and had irrigation rights and was used for urban gardening a 2,500 square foot building would be more than sufficient. I don’t see how a building of this scale can be justified. A 7,200 square foot building is clearly not needed to manage the property per se, so is the intent to establish or expand a business on this parcel? There are few options allowed under R-U-L zoning. Will it store friends and paying customers boats, cars etc., is the intent to board animals here, will it be some kind of a grow house? Adjacent neighbors will be subject to a major change in their visual environment even with the construction of a 2,500 square foot building. How will associated activities change as the new building is used and how will that impact the immediate neighbors and larger community? A large building if approved by variance would greatly increase this environmental impact. Thanks for your consideration. Sincerely, Steve Johnson 6845 Ranger Drive Agenda Item 5 Item # 5 - Page 1 STAFF REPORT August 11, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160023 PROJECT DESCRIPTION Address: 3100 S. College Avenue Petitioners: Matthew Wells and Zoe’s Kitchen Colorado, LLC Owners: Walton Foothills Holdings VI, LLC Zoning District: C-G Code Section: 3.8.7(D)(6) Variance Request: The variance request is for an additional 31.47 square feet of sign allowance. The maximum sign allowance of the building is 243 square feet. RECOMMENDATION: Staff recommends approval to allow an additional 31.47 square feet of sign allowance. STAFF COMMENTS: 1. Background: The Foothills Mall Redevelopment was approved in 2014. This site approximately encompassed over 74 acres of land, 25 buildings and a mix of uses. The sign allowance for each building in this development was approved with the development plan. The sign allowance was based on the length of a single building wall that faces the street. In this case the sign allowance granted to 3100 S College Ave is 243 square feet. This building is a multi-tenant building and as such the total sign allowance is divided among the different tenants. Zoe’s Kitchen has been given 65.61sf of the total allowance. 51 square feet of this has been used for Zoe’s illuminated individual letter signs on both the east and west of the building. Additionally, the Foothills Mall Redevelopment has approved architecture which includes certain materials and colors. The installed awnings are in compliance with the approved materials and colors for the development. An approved awning is allowed to have signage placed on it. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends allowing an additional 31.47 square feet of sign allowance and finds: • The request is not detrimental to the public good • The additional square footage is an 8 inch band across a 6.5 foot tall awning and a 9 foot tall awning on the south and west side of the building • The 8 inch band is in compliance with the signage that can be placed on an awning • The request is a 12% increase of sign allowance. Agenda Item 5 Item # 5 - Page 2 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 #ZBA160023 1 MEMO To: Fort Collins Zoning Board of Appeals From: Matthew Wells, Zoe’s Kitchen Colorado LLC and Jamie Baker Roskie, Attorney at Law Date: July 19, 2016 Re: Sign Variance for 3100 S. College, Suite 130 Background This is a statement in support of the application for a variance to the sign ordinance for the Zoe’s Kitchen location at 3100 S. College. Zoe’s Kitchen is a tenant of Walton Foothill Holdings VI LLC (“Landlord”) and this development is part of the Foothills Mall Redevelopment, Lot 13 Block A. The landlord has assigned Zoe’s Kitchen 65.61 square feet of signage of the total 243 s.f. allowed for this 10, 632 s.f. building. The Zoe’s Kitchen signage currently installed at the location is 51 square feet. Zoe’s Kitchen is a Dallas-based chain that has recently expanded into the Colorado market. As part of its brand identity, Zoe’s Kitchen locations typically have distinctive striped awnings. Due to the limited color palette allowed as part of the Foothills Mall Final Development Plan for the landlord’s property, Zoe’s Kitchen has been informed that full color awnings would be considered “signage” and would therefore require a sign permit. Therefore plain brown awnings have been installed and we seek permission to add an eight-inch band of color to the lower portion of the awnings that face the right-of-way, for a total of 46.08 s.f., or an additional 31.47 s.f. of signage for the building. (There are two sets of illustrations in the packet – one is the typical full color awning that would appear on a Zoe’s Kitchen location, the other shows the eight-inch band we are seeking with this variance.) The Sign Ordinance Signs for this zoning district (C-G) are governed by Sec. 3.8.7 of the Land Use Code. Sub-section (D) places the square footage limitation on “flush wall signs, projecting wall signs, window signs, freestanding signs and ground signs.” Although there is ambiguity in the code about whether color on an awning fits within these categories of signs, we have been advised in concept review with the Fort Collins zoning staff that they consider the requested color on the awnings to fit within the definition of sign in Sec. 5.1.2: Sign shall mean any writing (including letter, word or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character which is a structure or any part thereof or is written, painted, projected upon, printed,  Page 2 designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. Variations to Sign Regulations Previously Allowed at Foothills Mall Two other variations from the sign code have been specifically allowed by the city in the Foothills Mall. In 2013 when the Foothills Mall Redevelopment Plan was approved, two electronic message centers were allowed (rather than one) and the electronic message centers were allowed to exceed 50% of the total area of the sign face. Also, in 2015 a variance was granted to Cinemark allowing an additional 143.56 square feet for poster cases on the north wall of the exterior of the theater building. Grounds for the Variance Under Sec. 2.10.2(H) of the Fort Collins Land Use Code, variances may be granted to a code standard if it would not be detrimental to the public good and if one of three tests are met. The requested variance is not detrimental to the public good. As noted by the applicant in the Cinemark zoning variance, the Foothills Mall is a “Targeted Redevelopment and Infill Site” subject to an urban renewal plan. The city desires to attract top quality businesses to what had been a blighted site. The success of the Foothills Mall redevelopment depends on the success of a mix of business types, including restaurants. Allowing a relatively minor deviation from the standards of the sign ordinance in this case will be beneficial to the public good by helping facilitate the successful redevelopment of the mall. We provide information about how this variance can be granted under any of the three tests. First, “by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be varied would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the occupant of such property, or upon the applicant, provided that such difficulties or hardship are not caused by the act or omission of the occupant or applicant.” The Foothills Mall Redevelopment Plan is governed by an exceptional level of aesthetic regulation compared to other development in Fort Collins. The buildings are limited to a highly prescriptive color palette. Strict application of this standard  Page 3 results in unusual and exceptional practical difficulties for Zoe’s Kitchen in fitting its typical awnings on to this site. This creates an exceptional and undue hardship on the applicant. Zoe’s Kitchen is a new restaurant chain in Fort Collins and, indeed, in Colorado. The Fort Collins location, the only Zoe’s Kitchen location limited by these types of regulations, is one of the bottom performing locations of all Zoe’s locations in Colorado and in the entire chain. As a new player in the Colorado market Zoe’s Kitchen does not have the same name recognition of other restaurants in the Foothills Mall area (e.g. Longhorn Steakhouse or Smashburger) and Zoe’s relies on the attractive and distinctive look of its awnings to generate name recognition. Also, Zoe’s hopes to open other Fort Collins locations, but the ability to increase its investment in Northern Colorado depends in large part on increasing the performance of this location. Successful businesses depend upon a distinctive and visible “look.” Zoe’s inability to maintain a consistent look creates a hardship at this location. Second, “the proposal as submitted 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.” The specific purposes of the standards in the sign ordinance are do not appear in Sec. 3.8.7. However, the general purposes of the Land Use Code are outlined in Sec. 1.2.2 and include “encouraging innovations in land development and renewal.” As stated above, the Foothills Mall Redevelopment Plan is an attempt to “encourage innovations in land development and renewal” and improve the quality of new development. Zoe’s ability to participate in this innovative renewal project depends on its ability to increase awareness of its brand. Also as noted above, it is not entirely explicit from the sign ordinance that the appearance of awnings is regulated by the sign ordinance. However, we believe that the brown awning with a tasteful band of color will promote the purposes of the sign code equally well or better than a plain brown awning. Third, “the proposal as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be varied except in a nominal, inconsequential way when considered in the context of the neighborhood, and will continue to advance the purposes of the Land Use Code.” A small band of color toward the bottom of the awning does not diverge from the standards of the code except in a nominal, inconsequential way. While a typical Zoe’s Kitchen restaurant has full color awnings (as illustrated in the packet), the company proposes the band of color in deference to staff’s interpretation of the sign code. Conclusion  Page 4 As shown in this memo, the application for a variance to the sign code meets the standards of Sec. 2.10.2 of the city code. Zoe’s Kitchen strongly desires to maintain an economically viable location in Fort Collins and hopes to open more locations. Accordingly, we respectfully request that the Zoning Board of Appeals approve this application. © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.01 PROJECT LOCATION 7.12.2016 FT. COLLINS, CO 7.12.2016 SIGNAGE PACKAGE NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. ZOE'S KITCHEN TENANT SPACE ZOE'S KITCHEN 14'‐2" EQ 4'‐6" 4'‐6" 4'‐6" 4'‐6" EQ EQ 4'‐0" 4'‐0" EQ INTERNALLY ILLUMINATED LETTERS W/WHITE FACES, BLACK TRIM, P‐1 RETURNS. STANDARD VINYL STRIPE PATTERN BACKER BOX BELOW, RED RETURNS, SAME DEPTH AS LETTERS, INTERNALLY ILLUMINATED. J‐BOX & BLOCKING FOR SIGNAGE. CONTRACTOR TO COORDINATE W/ SIGN VENDOR. 10" ZOES STANDARD LOCATION SIGNAGE, TYP. 13'‐4" 5'‐10" 13'‐4 1/2" 7'‐11 1/4" 9'‐0" 10" 1'‐4 1/4" 15'‐6 3/4" 3'‐1" 7'‐3 1/4" 10'‐9 3/4" 7'‐9" ZOES BROWN AWNINGS WITH STRIPE BAND AT BASE © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.02 SIGNAGE ELEVATIONS 7.12.2016 FT. COLLINS, CO 7.12.2016 SIGNAGE PACKAGE 1 FRONT 3/16" = 1'-0" ELEVATION 2 NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. ELECTRICAL PANEL DISTRIBUTION CENTER EQ 6'‐0" 6'‐0" EQ ZOES LOCATION SIGNAGE, TYP. 7'‐11" 5'‐5 1/4" 10" 5'‐9 1/2" 2' ‐ 3" 2' ‐ 11" 6'‐0" 6'‐0" 9' ‐ 1" 6'‐7 3/4" 17'‐4" 7'‐11" 9'‐9 3/4" ZOES BROWN AWNINGS WITH STRIPE BAND AT BASE © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.03 SIGNAGE ELEVATIONS 7.12.2016 FT. COLLINS, CO 7.12.2016 SIGNAGE PACKAGE 1 SOUTH 1/8" = 1'-0" ELEVATION 2 NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. INTERNALLY ILLUMINATED LETTERS W/WHITE FACES, BLACK TRIM AND RED RETURNS. STANDARD VINYL STRIPE PATTERN BACKER BOX BELOW, RED RETURNS, SAME DEPTH AS LETTERS, INTERNALLY ILLUMINATED. J‐BOX & BLOCKING FOR SIGNAGE. CONTRACTOR TO COORDINATE W/ SIGN VENDOR. ZOES STANDARD LOCATION SIGNAGE, TYP. 7'‐11" 6'‐3 1/2" 7'‐3" 4'‐0 3/4" 5'‐5 1/4" 10" 5'‐9 1/2" 6'‐0" 6'‐6 3/4" 6'‐6 3/4" 6'‐6 3/4" 5'‐0 1/2" 18'‐1 1/2" 10'‐10" 13'‐1" ZOES BROWN AWNINGS WITH STRIPE BAND AT BASE © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.04 SIGNAGE ELEVATIONS 7.12.2016 FT. COLLINS, CO 7.12.2016 SIGNAGE PACKAGE 1 WEST 3/16" = 1'-0" ELEVATION (REAR) NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. 1' ‐ 10" VARIES ‐ REF ELEVATIONS VARIES ‐ REF ELEVATIONS 8" © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.05 EXTERIOR SIGNAGE 7.12.2016 FT. COLLINS, CO 7.12.2016 SIGNAGE PACKAGE NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. 1 WALL 1/4" = 1'-0" MOUNTED CHANNEL LETTER SIGN INTERNALLY ILLUMINATED LETTERS W/WHITE FACES, BLACK TRIM, P‐1 HALO. J‐BOX & BLOCKING FOR SIGNAGE. CONTRACTOR TO COORDINATE W/ SIGN VENDOR. X2 2 CORNER 1/4" = 1'-0" AWNING ENTRY FACADE © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.01 PROJECT LOCATION 7.8.2016 FT. COLLINS, CO 7.8.2016 SIGNAGE PACKAGE NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. ZOE'S KITCHEN TENANT SPACE ZOE'S KITCHEN INTERNALLY ILLUMINATED LETTERS W/WHITE FACES, BLACK TRIM AND RED RETURNS. STANDARD VINYL STRIPE PATTERN BACKER BOX BELOW, RED RETURNS, SAME DEPTH AS LETTERS, INTERNALLY ILLUMINATED. J‐BOX & BLOCKING FOR SIGNAGE. CONTRACTOR TO COORDINATE W/ SIGN VENDOR. ZOES STANDARD LOCATION SIGNAGE, TYP. 8'‐0" 6'‐3 1/4" 7'‐3" 4'‐0 3/4" 10" 5'‐8 3/4" 6'‐0" 6'‐6 3/4" 6'‐6 3/4" 6'‐6 3/4" 5'‐0 1/2" 18'‐1 1/2" 10'‐10" 13'‐1" ZOES BROWN AWNINGS WITH STRIPE BAND AT BASE 34'‐9 1/2" © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.04 SIGNAGE ELEVATIONS 7.8.2016 FT. COLLINS, CO 7.8.2016 SIGNAGE PACKAGE 1 WEST 3/16" = 1'-0" ELEVATION (REAR) NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. 1' ‐ 10" VARIES ‐ REF ELEVATIONS VARIES ‐ REF ELEVATIONS © Starr Design, PLLC 2014 Starr Design, PLLC 1435 West Morehead St, Suite 240 Charlotte, NC 28208 V: 704 377 5200 F: 704 377 5201 www.starrdesignteam.com branded environments client designers name | address job status sheet title | number ZOES KITCHEN 3100 S. College Ave, Suite 130 Fort Collins, CO 80525 15ZK024 SP1.05 EXTERIOR SIGNAGE 7.8.2016 FT. COLLINS, CO 7.8.2016 SIGNAGE PACKAGE NOTES: 1) SIGN PACKAGE IS FOR DESIGN INTENT ONLY. ALL MEASUREMENTS TO BE FIELD VERIFIED. ALL SIGNAGE COMPONENTS TO BE COORDINATED W/ SIGNAGE VENDOR/MFR. SIGN SIZES, DETAILS, & OVERALL INSTALLATION TO MEET THE LANDLORDS REQUIREMENTS, AS WELL AS ALL SIGN ORDINANCES AND LOCAL CODES. 2) SIGN PACKAGE SUBJECT TO CHANGE ONCE BASE PLAN IS DESIGNED/APPROVED. 1 WALL 1/4" = 1'-0" MOUNTED CHANNEL LETTER SIGN INTERNALLY ILLUMINATED LETTERS W/WHITE FACES, BLACK TRIM, P‐1 HALO. J‐BOX & BLOCKING FOR SIGNAGE. CONTRACTOR TO COORDINATE W/ SIGN VENDOR. X2 2 CORNER 1/4" = 1'-0" AWNING ENTRY FACADE E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQW LHQRWVHOILPSRVHG   WKHSURSRVDOZLOOSURPRWHWKHJHQHUDOSXUSRVHRIWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHGequally well or better thanZRXOGDSURSRVDOZKLFKFRPSOLHVZLWKWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHG  WKHSURSRVDOZLOOQRWGLYHUJHIURPWKH/DQG8VH&RGHVWDQGDUGVH[FHSWLQDnominal, inconsequential way ZKHQFRQVLGHUHGLQWKHFRQWH[WRIWKHQHLJKERUKRRG This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. +RZHYHUIRUJRRGFDXVHVKRZQE\WKHDSSOLFDQWWKH=RQLQJ%RDUGRI$SSHDOVPD\FRQVLGHUDRQHWLPHPRQWK H[WHQVLRQLIUHDVRQDEOHDQGQHFHVVDU\XQGHUWKHIDFWVDQGFLUFXPVWDQFHVRIWKHFDVH$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioner’s Representative must be present at the meeting Location/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date6HFRQG7KXUVGD\RIWKHPRQWK7LPHDP Variance Address  Petitioner’s Name, if not the Owner  City )RUW&ROOLQV&2 Petitioner’s Relationship to the Owner is  Zip Code  Petitioner’s Address  Owner’s Name  Petitioner’s Phone #  Code Section(s)  Petitioner’s Email  Zoning District  Additional Representative’s Name  Justification(s)  Representative’s Address  Justification(s)  Representative’s Phone #  Justification(s)  Representative’s Email  Reasoning  Date ___________________________________ Signature __________________________________________ If not enough room, additional written information may be submitted 1625 West Trilby 80526 1625 West Trilby Fort Collins CO 80526 Matt Ehrlich 970-290-5469 3.5.2 (E) (5) matthewlehrlich@gmail.com RUL Terry Puccini 1483 Redcliff Wy CastleRock 80109 720 266 8552 terry@newworldbuildings.com Accessory Building Size total 7,200 Sq Ft which is greater than the 2,500 Sq Ft allowed in 3.5.2 Property size is 5.3 Acres. Petitioner requires a building larger than 2,500 Sq Ft to accommodate an indoor horse barn, riding area, hay, tack & farm implement storage which currently aligns with the existing use of the property and surrounding properties of which many already have buildings larger the 2500 sq ft and are being used for similar purposes. 7/11/2016 3. Nominal and inconsequential Additional Justification Additional Justification E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQW LHQRWVHOILPSRVHG   WKHSURSRVDOZLOOSURPRWHWKHJHQHUDOSXUSRVHRIWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHGequally well or better thanZRXOGDSURSRVDOZKLFKFRPSOLHVZLWKWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHG  WKHSURSRVDOZLOOQRWGLYHUJHIURPWKH/DQG8VH&RGHVWDQGDUGVH[FHSWLQDnominal, inconsequential way ZKHQFRQVLGHUHGLQWKHFRQWH[WRIWKHQHLJKERUKRRG This application is only for a variance to the Land Use Code. Building Code requirements will be determined and reviewed by the Building Department separately. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within 6 months of the date that the variance was granted. +RZHYHUIRUJRRGFDXVHVKRZQE\WKHDSSOLFDQWWKH=RQLQJ%RDUGRI$SSHDOVPD\FRQVLGHUDRQHWLPHPRQWK H[WHQVLRQLIUHDVRQDEOHDQGQHFHVVDU\XQGHUWKHIDFWVDQGFLUFXPVWDQFHVRIWKHFDVH$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioner’s Representative must be present at the meeting Location/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date6HFRQG7KXUVGD\RIWKHPRQWK7LPHDP Variance Address  Petitioner’s Name, if not the Owner  City )RUW&ROOLQV&2 Petitioner’s Relationship to the Owner is  Zip Code  Petitioner’s Address  Owner’s Name  Petitioner’s Phone #  Code Section(s)  Petitioner’s Email  Zoning District  Additional Representative’s Name  Justification(s)  Representative’s Address  Justification(s)  Representative’s Phone #  Justification(s)  Representative’s Email  Reasoning  Date ___________________________________ Signature __________________________________________ If not enough room, additional written information may be submitted E. Boardwalk Drive - 9736339002 and The Landings HOA - Creekside at the self 80525 Touchstone Property Management 2850 Landings Community Association Inc. (970) 223-5000 4.4 Creekside_rep_pj@comcast.net Division 4.4 Low Density Residential Patrice Janiga, HOA Acting President 4237 Westshore Way (970) 215-7531 Creekside_rep_pj@comcast.net Homeowners abutting Boardwalk Dr experience severe noise impacts from traffic on Boardwalk Dr; areas associated with parcels 9736339002 & 9736436002. Requesting higher fence than standard (8' tall) for noise reduction. Fence will also have an acoustic barrier fabric added to homeowner side to reduce noise infiltration through cedar planks. Visual impact from the street is minimal because there are numerous trees screening view of the longest section of fence (parcel 9736339002). 7/11/2016 Patrice E. Janiga, Landings HOA Acting President 1. Hardship 3. Nominal and inconsequential 2. Equal to or better than