HomeMy WebLinkAbout03/08/2018 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Chair
Ralph Shields, Vice Chair
Daphne Bear
Bob Long
Cody Snowdon
Butch Stockover
Karen Szelei-Jackson
Council Liaison: Ken Summers
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
MARCH 8, 2018
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 ZBA180003
Address: 3407 Lancaster Drive
Petitioner/Owners: Henry David
Zoning District: R-L
Code Section: 3.8.11(C)(3)
Project Description:
This variance request is to construct an 8-foot high privacy fence in the rear and sides of the property,
not to extend into the front yard. The maximum fence height allowed is 6 feet.
2. APPEAL ZBA180004
Address: 420 E. Plum Street
Petitioner: Sovick Design/Builders
Owners: John and Jennifer Houska
Zoning District: N-C-M
Code Section: 4.8(E)(4), 4.8(E)(3), 4.8(D)(5)
Project Description:
The request involves 2 properties; 420 E. Plum Street and 424 E. Plum Street. The variance would
allow 2 existing garages built within 3 feet of the shared property line to be modified, creating 1
structure that straddles the shared property line. The required setback from the property line on both
sides is 5 feet. Additionally, the existing structures encroach 14.33 feet into the required15 feet rear
yard setback. The proposal would extend the rear-yard encroachment 3.33 feet along the rear
property line. An accessory building is limited to 600 square feet of floor area; the proposed building
will be 1,195 square feet on the two lots. This variance was approved with conditions in 2015 but the
building permit was not applied for and the approved variance has expired.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 March 8, 2018
3. APPEAL ZBA180005
Address: 817 W. Oak Street
Petitioner/Owners: Joseph and Valera Sovcik
Zoning District: N-C-L
Code Section: 4.7(E)(3)
Project Description:
This variance request is to allow a garage addition to encroach 5 feet into the 5 feet rear yard
setback. The existing garage encroaches the same distance.
4. APPEAL ZBA180006
Address: 346 N. Loomis Avenue
Petitioner: Omni Homes
Owner: Grail Capital, LLC
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Project Description:
This variance request is to build a new primary structure and an accessory structure. The proposal
for both new structures is to setback from the street-side 10 feet. The required street-side setback is
15 feet.
5. APPEAL ZBA180007
Address: 620 E. Elizabeth Street
Petitioner/Owners: Steven and Laura Tuchschmidt
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)2.
Project Description:
This variance request is to build a detached garage. The proposal exceeds the allowable floor area
for the lot by 441 square feet. The maximum floor area allowed for the lot is 2,770 square feet.
6. APPEAL ZBA180008
Address: 947 Fossil Creek Drive
Petitioner: City of Fort Collins Park Planning and Development Department
Owner: Scott Thomason
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing
fence in current location on the north lot line along the Fossil Creek Trail (which will be constructed
in the summer of 2018). The maximum height for a fence in this area is 4 feet.
7. APPEAL ZBA180009
Address: 701 Fossil Creek Drive
Petitioner: City of Fort Collins Park Planning and Development Department
Owner: 5003Rose LLC
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing
fence in current location on the north lot line along the Fossil Creek Trail (which will be constructed
in the summer of 2018). The maximum height for a fence in this area is 4 feet.
8. APPEAL ZBA180010
Address: 712 Scenic Drive
Petitioner: City of Fort Collins Park Planning and Development Department
Owner: Shoemaker Family Revocable Trust
Zoning District: U-E
Code Section: 3.8.11(C)
Zoning Board of Appeals Page 3 March 8, 2018
Project Description:
This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing
fence in current location on the north lot line along the Fossil Creek Trail (which will be constructed
in the summer of 2018). The maximum height for a fence in this area is 4 feet.
9. APPEAL ZBA180011
Address: 709 Scenic Drive
Petitioner: City of Fort Collins Park Planning and Development Department
Owners: Eric and Marie Hayes
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing
fence in current location on the north lot line along the Fossil Creek Trail (which will be constructed
in the summer of 2018). The maximum height for a fence in this area is 4 feet.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180003
PROJECT DESCRIPTION
Address: 3407 Lancaster Drive
Owner/Petitioners: Henry David
Zoning District: R-L
Code Section: 3.8.11(C)(3)
Project Description:
This is a request to construct an eight-foot high privacy fence in the rear and sides of the property, not to extend
into the front yard. The maximum height allowed is 6 feet.
COMMENTS:
1. Background:
The property is in the Low Density Residential (R-L) zone district. The maximum height of fence is a
standard that is required through all zone districts and is not unique to the R-L district.
The property abuts other single family residential parcels; 3 along the rear property line and one on either
side. The neighborhood was developed in the 1970’s and the vegetation is mature, making it difficult to see
a fence from the public right-of-way.
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 a 2 feet extension of lattice to 6 feet tall solid fence
with the condition it does not extend forward of the rear of the house and finds that:
The request is not detrimental to the public good.
• The lattice is not opaque and still provides some transparency.
• The lattice is constructed of similar materials of the fence.
• The view from the public right of way is minimal.
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 with condition of APPEAL # ZBA180003.
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Agenda Item 2
Item # 2 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180004
PROJECT DESCRIPTION
Address: 420 & 424 E Plum Street
Petitioner: Dennis Sovick
Zoning District: N-C-M
Code Section: 4.8(E)(4), 4.8(E)(3), 4.8(D)(5)
Project Description:
The request involves two properties, 420 E. Plum St. and 424 E Plum St. The variance would allow 2 existing
garages built within 3 feet of the shared property line, to be modified creating 1 structure that straddles the
shared property line. The required setback from the property line on both sides is 5 feet. Additionally, the
existing structures encroach 14.33 ft into the required15ft. rear yard setback. The proposal would extend the
rear-yard encroachment 3.33ft along the rear property line.
An accessory building is limited to 600sf of floor area the proposed building will be 1,195sf on the two lots.
This variance was approved with conditions in 2015, but the building permit was not applied for and the
approved variance expired.
COMMENTS:
1. Background:
In December of 2015 the Zoning Board heard this same variance request and approved it with conditions
the conditions were:
• The garage space on 424 East Plum is for the use of the residents of the duplex
• The portion of the structure on both properties at 420 & 424 East Plum be reduced to a finished
600 square feet on each/both lots.
The two properties are owned by the same person. Currently the two properties share a driveway that also
straddles the property line. There are two existing garages; one on each property. Both garages are built
within 3 ft. of the shared property line.
The duplex at 424 E Plum is an approved duplex.
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 two existing garages
to be modified to create one structure or two attached structures, with the conditions that the garage space
on 424 E Plum is for the use of the residents of the duplex and the portion of the structure on each property
does not exceed 600 sf. of floor area.
• The granting of the variance will not be detrimental to the public good.
• The proposed structure does not exceed the allowable square footage for each lot.
• The proposal reduces the amount of driveway needed versus a plan that would require separate
structures.
• There is an existing shared driveway.
• The existing structures currently do not meet the side yard or rear yard setback.
Agenda Item 2
Item # 2 - Page 2
Therefore, in the context of the neighborhood, the variance will not diverge from the standard but in a
nominal, inconsequential way and will continue to advance the purpose of the Land Use Code as contained
in Section 1.2.2.
4. Recommendation:
Staff recommends approval with conditions of APPEAL # ZBA180004.
�ort City of Collins
· �
Application Request
for Variance from the Land Use Code
The Zoning Board of Appeals has been granted the authority to approve variances from the requirements of
Articles 3 and 4 of the land Use Code. The Zoning Board of Appeals shall not authorize any use in a zoning district
other than those uses which are specifically permitted in the zoning district. The Board may grant variances where it
finds that the modification of the standard would not be detrimental to the public good. Additionally, the variance
request must meet at least one of the following justification reasons:
(1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the
property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or
topography, the strict application of the code requirements would result in unusual and exceptional practical
difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or
hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed);
(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;
(3) the proposal will not diverge from the land Use Code standards except in a nominal, inconsequential way
when considered in the context of the neighborhood.
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.
However, for good cause shown by the applicant, the Zoning Board of Appeals may consider a one-time 6 month
extension if reasonable and necessary under the facts and circumstances of the case. An extension request must
be submitted before 6 months from the date that the variance was granted has lapsed.
Petitioner or Petitioner's Representative must be present at the meeting
Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524
Date: Second Thursday of the month Time: 8:30 a.m.
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January 30, 2018
This is the exact same statement submitted for the exact same variance request in
Written Statement for a zoning variance request approved on Dec 10, 2015
Written Statement for a zoning variance
at 420 and 424 E Plum, Fort Collins
John and Jen Houska of 420 E Plum would like to put an addition on to their existing
garage. They would also like to put a garage on the lot next door at 424 E Plum which they
own and rent out.
The current garages, while functional and structurally sound are small (229 sq ft each) and
are very close to the property line (20”)
They would like to put on two garage additions that would be 14’-2” wide by x 28’ deep
(397 sq ft) and 14’-2” wide by 24’ (340 sq ft) separated by a masonry wall in a zero lot line
configuration. This falls well within the guidelines of the maximum square footage allowed
in the back of Old Town lots.
1) A hardship exists in regards to the setback on the existing buildings causing them to
be just over 3’ in distance to each other instead of 10’, The addition of a firewall and
extended roof would make this building better.
2) The proposed addition would include putting a firewall between the existing
structures. The addition of a firewall and extended roof would make this building
better. Extending the buildings with additions consistent with the existing garage
footprint would make the completed buildings equal to or better than the existing
situation.
3) The proposed addition(s) would not diverge from the Land Use Standards except in a
nominal and inconsequential way.
This proposal would not adversely affect any neighbors (the Houskas own both lots). Even
though it is set back well off the street. (122’) the addition/improvements would be an
aesthetic improvement to the neighborhood.
The two lots now have a shared driveway. Though there is no intention of selling
either of these by the owners, cooperation and understanding is needed by both lots.
The proposed attached addition/improvements create a better overall situation for the
rear of the lots.
Dennis Sovick
750 Havel Ave
Fort Collins, CO 80521
dsovick@frii.com
970-556-1351
South (street side) Elevation
West (yard side) Elevation at 420
12
exterior to match house
6
12
6
12
roofing to match house
14'-3" 14'-3"
Pergola
6
lot
line
420 424
existing garage new garage
Elevations for proposed garages
at 420 and 424 W Plum
8'-7"
POWER
5'2"
8'
3'8" 12'
8'
2'6"
45'10"
12'9"
12'
8"
5'5"
2'2"
1'-8"
1'-8"
28'-0" 10'-0"
STEPS
8"
CITY SIDEWALK
CURB
DRIVEWAY
HOUSKA
HOME
6'6"
8'6"
12'
12'6"
PINE TREE
36'-5 3/8"
25'-8"
STEPS
DUPLEX
12'3"
18'4"
SHED
EXISTING
GARAGE
EXISTING
GARAGE
SHED
420 East Plum 7500 sq ft
1
50'
SHED
424 East Plum
7500 sq ft
50' 50'
150'
Patio area
GARAGE
ADDITION
ZERO LOT LINE/ MASONRY WALL
16'x12' OUTDOOR
DINING DECK
STEPS
PERGOLA
DOUBLE
DOORS
ADD
John and Jen Houska Garage Additions
1'-8"
1'-8"
8"
6'6"
8'6"
12'
12'6"
PINE TREE
12'3"
18'4"
SHED
EXISTING
GARAGE
EXISTING
GARAGE
SHED
Patio area
GARAGE
ADDITION
ZERO LOT LINE/ MASONRY WALL
PERGOLA
DOUBLE
DOORS
ADD
12'-6"
14'-2"
14'-2"'
24'
28'
GARAGE
ADDITION
397 sq ft
229 sq ft
229 sq ft
340 sq ft
bbQ pit
10'-0"
185 sq ft
55 sq ft
5'-0" 5'-0"
5'-0" 5'-0"
5'-0"
setbacks
setbacks
setbacks
setbacks
1" =10'
Agenda Item 3
Item # 3 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180005
PROJECT DESCRIPTION
Address: 817 W Oak Street
Owner/Petitioners: Joseph and Valera Sovcik
Zoning District: N-C-L
Code Section: 4.7(E)(3)
Project Description:
This is a variance request to allow a garage addition to encroach 5ft into the 5ft rear yard setback. The existing
garage encroaches the same distance.
COMMENTS:
1. Background:
The property is at the corner of Oak Street and Washington Ave. The rear property line abuts a public alley.
The primary structure was built in approximately 1905 and the accessory structure has been dated to have
been built in 1922.
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 the garage addition to encroach 5ft into the
5ft rear yard setback and find that:
• The granting of the variance will not be detrimental to the public good.
• The proposed structure does not exceed the allowable square footage the lot.
• The rear property line abuts an alley and not a residential lot.
• The garage takes access from the street and not the alley.
• The existing structures currently does not meet rear yard setback.
• The proposal extends the rear setback encroachment 7’9” along the 47.5’ rear property line.
Therefore, in the context of the neighborhood, the variance will not diverge from the standard but in a
nominal, inconsequential way 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 # ZBA180005.
Applicant: Joseph and Valera Sovcik 817 W. Oak St.
Reasons for requesting a variance as per criteria for justifications.
Background: The property is located on the Southeast corner of Oak St. and Washington Ave. The
driveway is next to an alley facing Washington Ave. The alley width appears to be at least 12 feet.
The structure and slab of the existing garage are in excellent condition. This garage has been located on
the property line of the alley for the past 96 years. A recent architectural inventory dated the garage
construction at 1922. Four other properties border this alley and there are other structures on or very
close to the alley property line. These include another garage, a house, fences, utility poles, mature
trees, telephone and cable boxes. This alley is not used by any garbage trucks.
We have identified two justification reasons for a variance that apply to this situation.
Justification reason (2). The proposal would promote the general purpose of the standard "equally well
or better than."
The 5 foot setback zoning requirement is to inhibit the spread of a structural fire to another
building. To create a condition better than the existing situation we would be willing to cover
the inside of both the existing (16') and the new (8') portions of the south garage wall with 5/8"
fire rated sheet rock or equivalent.
There is a large Canadian choke cherry tree next to the garage located partially in the alley and
partially on our property. If the variance is granted, we would remove this tree eliminating the
intrusion in the alley creating a better than existing situation.
Justification reason (3). This justification relates to the proposal as not diverging from the Land Use code
standards except in a "nominal and inconsequential way when considered in the context of the
neighborhood."
The extension to the garage would have no affect on vehicle access or potential underground
easements access through the alley.
The 5 foot setback is generally required to inhibit the spread of a structural fire. Because of the
12 foot width of the alley, there is no potential that a structure would ever be built within 5 feet
of the proposed garage extension. The applicant believes the proposal would be
inconsequential on the potential spread of fire.
The neighborhood would be better off with one less car parked in the street.
Because the garage is more than 50 years old, we consulted informally with Karen McWilliams, Historic
Preservation. She supported keeping the same eave configuration and recommended that the new
siding be distinguishable from the historic siding which we would do. Of course, a formal review will be
conducted at a later date.
In addition we designed the roof line to maintain the existing roof pitch and eave configuration of the
existing garage taking into account the view from the street.
From: Andrew Milbauer [mailto:andrewmilbauer@hotmail.com]
Sent: Tuesday, March 06, 2018 10:10 AM
To: Noah Beals <nbeals@fcgov.com>
Subject: appeal # ZBA180005
My husband, Kelly Close, and I are the immediate neighbors to the Sovcik's property at
817 W. Oak Street.
This letter is to give our FULL SUPPORT to the variance request to allow a garage addition to
encroach 5ft into the 5ft rear setback.
The current garage already is within this setback. The garage requires an addition. The Sovcik's
showed these plans to us and like them. Their addition won't be a nuisance in either accessing
the alley or in how it impacts us directly to the east of them. Of all neighbors, we are the ones
that would be most impacted.
We support this variance request, let them fix their garage.
Andy Milbauer
815 W. Oak Street
From: K. Close [mailto:kclose@frii.com]
Sent: Tuesday, March 06, 2018 1:36 PM
To: Noah Beals <nbeals@fcgov.com>
Subject: 817 W Oak Street
To Whom It May Concern -
I would like to express my support for the garage renovation/rebuild at
817 W. Oak Street (Appeal # ZBA180005). I have spoken with the homeowners about this project and
am in full support of what they wish to do.
Thank you.
Kelly Close
815 W. Oak
Ft. Collins, CO 80521
Agenda Item 4
Item # 4 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180006
PROJECT DESCRIPTION
Address: 346 N. Loomis Avenue
Owner: Luke Angerhoffer, Grail Capital, LLC
Petitioners: Omni Homes
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Project Description:
The request is to build a new primary structure and accessory structure. The proposal for both new structures is
to setback from the street-side 10ft. The required street-side setback is 15ft.
COMMENTS:
1. Background:
This property is at the corner of Cherry Street and N. Loomis Avenue. It was originally platted in 1881 and
then replatted in 1907. The platted lot is 35ft by 140ft. The original building was constructed in 1915.
In time the City established Zoning regulations. These include setbacks. In this case, in the N-C-M zone
district, a corner lot has a 15ft street-side setback and a 5ft interior-side setback. This reduces the buildable
area of the lot and results in a 15ft wide 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 a 5ft encroachment into the 15ft street-side setback
for both a primary structure and one accessory structure and finds that:
The request is not detrimental to the public good.
• The property line is at least 5ft behind the existing sidewalk.
• The platted lot is smaller than the minimum lot width in the zone district.
• The setbacks result in a 15ft wide structure.
Therefore, the lot width results in an exceptional practical difficulty in complying with the standard creating a
hardship not caused by an act or omission of the applicant.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA180006.
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180007
PROJECT DESCRIPTION
Address: 620 E. Elizabeth Street
Owner/Petitioners: Steve and Laura Tushschmidt
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)2.
Project Description:
This is a request to build a detached garage. The proposal exceeds the allowable floor area for the lot by 441
sf. The maximum floor area allowed for the lot is 2,770 sf.
COMMENTS:
1. Background:
This property is an interior lot that fronts on E. Elizabeth and abuts a public alley at the rear. It was platted in
1873 in the original Fort Collins town plat. It was latter replatted in 1906 as part of the Gillette Subdivision.
The platted lot is 50ft by 125 ft. The original building was constructed in 1905.
The properties across the alley to the north are zoned N-C-M. Additionally, the properties on the block to
the west are zoned N-C-M. The properties on the blocks both to the east and south are zoned N-C-L. The
allowable floor area in the N-C-L is lower than the N-C-B.
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 a 5ft encroachment into the 15ft street-side setback
for both a primary structure and one accessory structure and finds that:
The request is not detrimental to the public good.
• Most of the other properties have an accessory building along the both sides of the alley.
• The parcel is smaller in lot size than all the other parcels along this block face.
• The additional 441sf is 15% to the allowable 2,770sf of floor area.
• The accessory structure does not exceed the allowable 600sf.
• It does not exceed the allowable floor area in the rear half of the lot.
• The Zone district change occurs at the alley.
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 # ZBA180007.
City of Ft Collins February 12, 2018
City Planner-Zoning
City of Fort Collins
970 416-2313
RE: 620 East Elizabeth St
Fort Collins CO 80524
We are writing you today to hopefully help you gain a better understanding of our proposed two-car
garage. My wife and I are planning on removing the existing one car garage and replacing it with a new
two-car garage. The garage would be accessed from the alley, which is a shared alley with homes in the
NCL Zoning district. We are asking you to please consider a variance for our proposed new garage. We
feel as though these modifications that we are proposing are minimal and inconsequential, and don’t
adversely affect the integrity of the overall development plan or our neighborhood.
The Architect designed the addition to meet the standards for NCM Zoning for the 7,600 square foot lot:
Proposed garage = 599 square feet. Existing home verified square footage = 2,549 square feet Total
3,148 square feet
7,600 X .25% = 1,900 + 1,000 + 250 = 3,150 allowable square feet.
However, the property is located in the NCL zoning district. Although homes to the west and across the
alley on the north are Zoned NCM. Refer to attached diagram.
The following calculation applies to NCL.
7600 x .20%=1,520 +1,000 +250= 2,770 allowable square feet.
We request a variance to proceed with the proposed Garage based on the following criteria:
(1)
1) Given that the property is directly adjacent to the north and west are the NCM zone the plan as
submitted will promote the general purpose of the standard for which the modification is requested
equally well or better than would a plan which complies with the standard for which a modification is
requested.
4) The existing 2 story home is compact and preserves a large front and back yard which maximizes the
open area of the 7,600 square foot lot. The existing 280 square foot single car garage will be removed,
and the proposed garage has a footprint increase of only 234 square feet. The plan as submitted will
not diverge from the standards of the Land Use Code that are authorized by this Division to be modified
except in a nominal, inconsequential way when considered from the perspective of the preserving open
space and minimizing building footprint and massing. Approving this request will continue to advance
the purposes of the Land Use Code.
We sincerely appreciated consideration on this matter. Please feel free to contact me to discuss any
concerns you might have. My cell number is 573-424-9482 or email at stuchschmidt@gmail.com
Sincerely,
Steve and Laura Tuchschmidt
620 East Elizabeth Street
Fort Collins CO 80524
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Agenda Item 6
Item # 6 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180008
PROJECT DESCRIPTION
Address: 947 Fossil Creek Drive
Petitioners: The City of Fort Collins, Suzanne Bassinger, Parks Planning
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This is a request to construct a 5ft tall, green-dowel, 3-rail western fence to replace existing fence in current
location on north lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The
maximum height for a fence in this area is 4ft.
COMMENTS:
1. Background:
The property is in the Urban Estate (U-E) zone district. The maximum height of fence is a standard that is
required through all zone districts and is not unique to the U-E district. In the yard area between the front
property line and the primary structure the fence is limited to 4 feet in height.
The property was originally developed in the county. The City annexed the area in 2006.
In this neighborhood the yards are typically used for agriculture and livestock. Sidewalks along the street
have not been part of the context of the neighborhood. The City is seeking to extend the Fossil Creek Trail
in this area and to minimize the impact along the trail the City is installing new fences on the property of the
abutting property owners.
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 a 5ft tall, green-dowel, 3-rail western fence in the
front yard and finds that:
The request is not detrimental to the public good.
• The fence will be setback 3 feet from the trail.
• The design of the fence is mostly transparent.
• The taller fence will be safer barrier for both livestock and trail patrons.
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 # ZBA180008.
Agenda Item 7
Item # 7 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180009
PROJECT DESCRIPTION
Address: 701 Fossil Creek Drive
Petitioners: The City of Fort Collins, Suzanne Bassinger, Parks Planning
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This is a request to construct a 5' tall, green-dowel, 3-rail western fence to replace existing fence in current
location on north lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The
maximum height for a fence in this area is 4ft.
COMMENTS:
1. Background:
The property is in the Urban Estate (U-E) zone district. The maximum height of fence is a standard that is
required through all zone districts and is not unique to the U-E district. In the yard area between the front
property line and the primary structure the fence is limited to 4 feet in height.
The property was originally developed in the county. The City annexed the area in 2006.
In this neighborhood the yards are typically used for agriculture and livestock. Sidewalks along the street
have not been part of the context of the neighborhood. The City is seeking to extend the Fossil Creek Trail
in this area and to minimize the impact along the trail the City is installing new fences on the property of the
abutting property owners.
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 a 5ft tall, green-dowel, 3-rail western fence in the
front yard and finds that:
The request is not detrimental to the public good.
• The fence will be setback 3 feet from the trail.
• The design of the fence is mostly transparent.
• The taller fence will be safer barrier for both livestock and trail patrons.
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 # ZBA180009.
Agenda Item 8
Item # 8 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180010
PROJECT DESCRIPTION
Address: 712 Scenic Drive
Petitioners: The City of Fort Collins, Suzanne Bassinger, Parks Planning
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This is a request to construct a 5ft tall, green-dowel, 3-rail western fence to replace existing fence in current
location on north lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The
maximum height for a fence in this area is 4ft.
COMMENTS:
1. Background:
The property is in the Urban Estate (U-E) zone district. The maximum height of fence is a standard that is
required through all zone districts and is not unique to the U-E district. In the yard area between the front
property line and the primary structure the fence is limited to 4 feet in height.
The property was originally developed in the county. The City annexed the area in 2006.
In this neighborhood the yards are typically used for agriculture and livestock. Sidewalks along the street
have not been part of the context of the neighborhood. The City is seeking to extend the Fossil Creek Trail
in this area and to minimize the impact along the trail the City is installing new fences on the property of the
abutting property owners.
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 a 5ft tall, green-dowel, 3-rail western fence in the
front yard and finds that:
The request is not detrimental to the public good.
• The fence will be setback 3 feet from the trail.
• The design of the fence is mostly transparent.
• The taller fence will be safer barrier for both livestock and trail patrons.
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 # ZBA180010.
Agenda Item 9
Item # 9 - Page 1
STAFF REPORT March 8, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180011
PROJECT DESCRIPTION
Address: 709 Scenic Drive
Petitioners: The City of Fort Collins, Suzanne Bassinger, Parks Planning
Zoning District: U-E
Code Section: 3.8.11(C)
Project Description:
This is a request to construct a 5ft tall, green-dowel, 3-rail western fence to replace existing fence in current
location on north lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The
maximum height for a fence in this area is 4ft.
COMMENTS:
1. Background:
The property is in the Urban Estate (U-E) zone district. The maximum height of fence is a standard that is
required through all zone districts and is not unique to the U-E district. In the yard area between the front
property line and the primary structure the fence is limited to 4 feet in height.
The property was originally developed in the county. The City annexed the area in 2006.
In this neighborhood the yards are typically used for agriculture and livestock. Sidewalks along the street
have not been part of the context of the neighborhood. The City is seeking to extend the Fossil Creek Trail
in this area and to minimize the impact along the trail the City is installing new fences on the property of the
abutting property owners.
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 a 5ft tall, green-dowel, 3-rail western fence in the
front yard and finds that:
The request is not detrimental to the public good.
• The fence will be setback 3 feet from the trail.
• The design of the fence is mostly transparent.
• The taller fence will be safer barrier for both livestock and trail patrons.
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 # ZBA180011.
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12'-6"
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24'
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GARAGE
ADDITION
397 sq ft
229 sq ft
229 sq ft
340 sq ft
bbQ pit
10'-0"
185 sq ft
55 sq ft
5'-0" 5'-0"
5'-0" 5'-0"
5'-0"
setbacks
setbacks
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1" =10'
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