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Home My WebLink About07/12/2018 - Zoning Board Of Appeals - Summary 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 JULY 12, 2018 8:30 AM • CALL TO ORDER and ROLL CALL • APPROVAL OF MINUTES FROM PREVIOUS MEETING • CITIZEN PARTICIPATION (Items Not on the Agenda) • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA180020 Address: 1022 W. Mountain Avenue Petitioner/Owner: Jeffrey and Mary Pace Zoning District: L-M-N Code Section: 3.5.2(E)(3) and 3.8.11(C)(3) Project Description: This request is to allow 50 feet in length of a fence to be 8 feet tall and setback zero feet from the property line. The allowed maximum height of a fence is 6 feet. 2. APPEAL ZBA180021 Address: 216 N. College Avenue Owners: 200 N. College, LLC Petitioner: Gast Johnson & Muffly, Brownstein Hyatt Farber Schreck, and Brinkman Zoning District: D Code Section: 3.8.7.1(D)(3) Project Description: This request is to not have existing off-premise signage be included in the total of allowable signage for the property, leaving the available sign allowance for new tenants of the building. The maximum sign allowance for the property is 636 square feet. Existing off-premise signage includes 1,200 square feet. The request would result in 1,836 square feet of possible signage on the property. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 July 12, 2018 3. APPEAL ZBA180022 Address: 110 Circle Drive Petitioner/Owner: Jodie Riesenberger and Matt Reddy Zoning District: N-C-L Code Section: 4.7(D)(3) Project Description: This request is to allow an additional 149 square feet of floor area in rear half of the lot. The maximum allowed floor area in the rear half of this lot is 826 square feet. 4. APPEAL ZBA180023 Address: 6175 Eagle Roost Drive Petitioner: ESE Consultants Owner: Toll Co I LLC Zoning District: L-M-N Code Section: 3.5.2(E)(2) Project Description: This request is to allow a 5-inch encroachment into the 15 feet front setback. 5. APPEAL ZBA180024 Address: 610 Cherry Street Petitioner/Owner: Joshua Beck Zoning District: N-C-M Code Section: 4.8(E)(3) and 4.8(E)(4) Project Description: This request is to allow a pergola to encroach 14 feet into the 15 feet rear setback and 4 feet into the 5 feet side setback. The pergola posts would be 1 foot from the property line both rear and side. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT JULY 12, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180020 PROJECT DESCRIPTION Address: 1022 W. Mountain Avenue Petitioner/Owner: Jeffrey and Mary Pace Zoning District: L-M-N Code Section: 3.5.2(E)(3) and 3.8.11(C)(3) Project Description: This request is to allow 50 feet in length of a fence to be 8 feet tall and setback zero feet from the property line. The allowed maximum height of a fence is 6 feet. COMMENTS: 1. Background: This property was redeveloped in 2015. It was fueling station with convenience store that was subdivided into six single-family attached lots and 1 commercial lot. This is the most eastern residential lot of the redevelopment. It is zoned Low Density Mixed-Use Neighborhood (L-M-N). The abutting lot to the east is zoned Neighborhood Conservation Low Density (N-C-L). Within the last year, this abutting property has increased in buildings and building size and is under construction. An existing 6 ft. tall fence exists on the property line. There is a change in grade at the property line as well. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval 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 lattice is for 50 feet of the full 145 feet length of the property line • 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 of APPEAL # ZBA180020. ZBA180020 From: Alan Strope [mailto:alan@savanthomesinc.com] Sent: Tuesday, July 03, 2018 1:02 PM To: Noah Beals <nbeals@fcgov.com> Cc: Vicky Hicks <vicky@trademarkpmg.com>; Alan Strope <alan@savanthomesinc.com> Subject: Appeal # ZBA180020 Mr. Noah Beals; I received your letter regarding the zoning board of appeals regarding the Pace Residence. As an adjacent property owner, builder/Developer/Owner of the Landmark Residences on Mountain Avenue, and President of the Home Owners Association, I would like to comment via email on the proposed fence for 1022 W. Mountain Avenue. This address is located above the current flood plain to meet the city flood plain requirements. The home directly located to the east is below the flood plain and is substantially lower. Therefore, allowing an 8ft tall privacy fence so one neighbor is not constantly looking down on the adjacent neighbor would allow for privacy between the 2 neighbors. It appears the location of the fence at the 8ft height is substantially back from the front property line by 40ft and only goes about half way between Mountain Ave. and the Alley. I do not feel this would be obtrusive to our project or any of the neighbors or anyone on Mountain Avenue and I would support this variance to an 8ft high fence on the property line. Thank you and feel free to contact me with any additional information or questions. Alan Strope www.SavantHomesInc.com Agenda Item 3 Item # 3 - Page 1 STAFF REPORT JULY 12, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180022 PROJECT DESCRIPTION Address: 110 Circle Dr Petitioner/Owners: Jodie Riesenberger and Matt Reddy Zoning District: N-C-L Code Section: 4.7(D)(3) Project Description: This request is to allow an additional 149 square feet of floor area in rear half of the lot. The maximum allowed floor area in the rear half of this lot is 826 square feet. COMMENTS: 1. Background: This property was annexed into the City in 1924. It was later platted in 1945 as part of the Circle Drive Plat. The original structure was completed in 1946. It is uncertain the number of changes that it has undertaken since 1946. The property is 6,615 square feet in size and has not changed in size since platted in 1945. The current Land Use Code standards of the Neighborhood Conservation Low-Density (N-C-L) zone district limits the floor area for the lot and for the rear-half of the lot. The allowable floor area for the lot with an accessory building is 2,573 square feet and for the rear half of the lot 826 square feet. The existing floor area and the proposed addition to the residence and the detached shed total 1,822 square feet. This is under the allowable floor area by 751 square feet. In the rear-half of the lot the existing floor area and the proposed shed total 975 square feet. This is over the allowable floor area in the rear half by 149 square feet. 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 an additional 149 square feet of allowable floor area in the rear-half of the lot and finds that: • The request is not detrimental to the public good. • The proposed shed is meeting all other standards of the N-C-L zone district. • The lot depth mimics lots typically found the R-L zone district and not those typically in the N-C-L zone district • The additional square footage is 751 square feet below the allowable floor area for the entire lot. 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 # ZBA180022. ZBA180022 EXISTING 1- STORY HOUSE SIDE YARD SET- BACK SIDE YARD SET- BACK REAR YARD SET- BACK FRONT YARD SET-BACK 62' - 6" 5' - 0" 86' - 0" 15' - 0" 5' - 0" 52' - 6" 5' - 0" 106' - 0" CIRCLE DRIVE ALLEY NEW SHED NEW COVERED ENTRY & PORCH NEW PRIVACY SCREEN (VERTICAL TRELLIS) COVERED ROOF NEW SHADE STRUCTURE Property Address: 110 Circle Drive Property Owner: Jodie Riesenberger & Matt Reddy General Contractor: Sol Structures Contact: Eric Newcomber 970-443-3233 Parcel No: 97133-27-012 Legal Description: LOT 12, CIRCLE DR, FTC Zoning District: NCL Subdivision: 1021 - CIRCLE DRIVE Neighborhood: 19711 Setbacks: Front Yard- 15 Feet Rear Yard- 5 Feet (to Alley) Side Yard- 5 Feet Lot Size: 6,615 SF Floor Area Ratio: 20% of lot area + 1,000 SF =(.20 x 6,615)+1,000 Allowable Total Floor Area: 2,323 SF Proposed Floor Area: Existing First Floor: 1,524 SF Proposed Entry Addition: 68 SF Proposed Shed: 230 SF Total: 1,822 SF Allowable Floor Area on Rear 50% of lot: 3,307 SF * .25 = 826 SF Proposed area on Rear 50% of lot: Existing First Floor: 745 SF Proposed Shed: 230 SF Total: 975 SF W/D REF. 5' - 0" 25' - 6" 9' - 6" 8' - 0" 5' - 0" DINING ROOM FAMILY ROOM KITCHEN BEDROOM 2 BEDROOM 1 MSTR. CLO. CLO. BATH HALL ENTRY CLO. LIVING ROOM MASTER BEDROOM 1/2 BATH LAUNDRY/ MUD ROOM CLOSET BIKE STORAGE 1' - 1" 11' - 4" 1' - 1" 16' - 5" SHOP 17' - 0" 8' - 6" (VIF) 13' - 6" 5' - 0" 12' - 11" 2' - 8" 4' - 0" 4' - 8" 3' - 0" 2' - 8" 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com FLOOR PLAN Reddy-Reisenberger Residence 110 Circle Drive Fort Collins, Colorado 6.12.18 3/16" = 1'-0" 1 PROPOSED MAIN LEVEL 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com ELEVATIONS Reddy-Reisenberger Residence 110 Circle Drive Fort Collins, Colorado 6.12.18 3/16" = 1'-0" 1 PROPOSED EAST ELEVATION 3/16" = 1'-0" 2 PROPOSED NORTH ELEVATION 4 3D View-NORTHEAST 10' - 0" MAX. EAVE HT. 5' - 0" ASSUMED PROPERTY LINE 20' - 0" MAX. BUILDING HEIGHT 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com ELEVATIONS Reddy-Reisenberger Residence 110 Circle Drive Fort Collins, Colorado 6.12.18 3/16" = 1'-0" 2 PROPOSED SOUTH ELEVATION 3/16" = 1'-0" 3 SHED- PROPOSED WEST ELEVATION 1 3D View- SOUTHWEST Agenda Item 4 Item # 4 - Page 1 STAFF REPORT JULY 12, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180023 PROJECT DESCRIPTION Address: 6175 Eagle Roost Drive Petitioners: ESE Consultants Owners: Toll Company (Toll Co I LLC) Zoning District: L-M-N Code Section: 3.5.2(E)(2) Project Description: This request is to allow a 5-inch encroachment into the 15 feet front setback. COMMENTS: 1. Background: This property received development approval in the County in 2015. Immediately after approval it was annexed into the City to be constructed. As it annexed into the City it was zoned Low Density Mixed-Use Neighborhood (L-M-N) zone district. The front setback in L-M-N is 15 feet. The builder submitted building permit plans that illustrated compliance with the setback demonstrating the intention to meet the standard. After the initial construction and towards the end of completion of the structure, it was found the building encroaches into the setback. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval and finds that: • The request is not detrimental to the public good. • The 5-inch encroachment is undiscernible from the sidewalk. • The 5-inch encroachment is for 25.5 feet of the 61.6 feet width of the building. • The 5-inch encroachment is still outside of an easement. 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 # ZBA180023. k�olli� City of Application Request for Variance from the Land Use Code Articles The Zoning 3 and Board 4 of the of Appeals Land Use has Code. been The granted Zoning the Board authority of Appeals to approve shall not variances authorize from any use the in requirements a zoning district of request other finds that than must the those modification meet uses at least which of one the are of standard specifically the following would permitted justification not be in detrimental the reasons: zoning district. to the The public Board good. may Additionally, grant variances the variance where it (1) property, by reason including, of exceptional but not physical limited conditions to physical or conditions other extraordinary such as exceptional and exceptional narrowness, situations shallowness, unique to or the difficulties topography, or the undue strict hardship application upon of the the occupant/code requirements applicant of would the property, result in unusual provided and that exceptional such difficulties practical 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) whenway the proposal considered will not in the diverge context from of the the Land neighborhood. Use Code standards except in a nominal, inconsequential 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. extension However, for if reasonable good cause and shown necessary by the under applicant, the facts the Zoning and circumstances Board of Appeals of the may case. consider An extension a one-time request 6 month must be submitted before 6 months from the date that the variance was granted has lapsed. Variance Address City 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. 16175 Fort Collins, Eagle Roost CO Drive I to if Petitioner's Petitioner's not the the Owner Owner Name, Relationship is lsub IESE Contactor Consultants, Inc I I Zip Code 180528 Petitioner's Address I 10 Inverness Drive East, Suite 1 rj Owner's Name !Toll Co I LLC Petitioner's Phone# 1303-877-4071 I Code Section(s) 13.5.2(E)(2) Petitioner's Email ljaxtell@eseconsultants.com I Zoning District ILMN - Low Density Mixed Use Additional !Adam Hess I Representative's Name Justification(s) 13. Nominal and inconsequential I Representative's Address 16327 Spring Seed Way I Justification(s) !Additional Justification I Representative's Phone # 1970-658-7965 I Justification(s) !Additional Justification I Representative's Email lahess@tollbrothers.com I If Reasoning not enough room, community The front of and the garage surrounding extends properties. 5" into the With front the setback, minimal but amount does of not encroachment impact the feel it will of the not additional written adversely affect the use of the driveway. information may be submitted Date I June 7, 2018 I Signature IJ ,A --- � I ZBA180023 AREA OF ENCROACHMENT Agenda Item 5 Item # 5 - Page 1 STAFF REPORT JULY 12, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180024 PROJECT DESCRIPTION Address: 610 Cherry Street Petitioner/Owner: Joshua Beck Zoning District: N-C-M Code Section: 4.8(E)(3) and 4.8(E)(4) Project Description: This request is to allow a pergola to encroach 14 feet into the 15 feet rear setback and 4 feet into the 5 feet side setback. The pergola posts would be 1 foot from the property line both rear and side. COMMENTS: 1. Background: This property annexed into the city approximately in 1881 and later developed circa 1905. Since this time, it is uncertain the number of changes that have occurred the property. The original platted lots were oriented to Whitcomb street. However, the primary building built in 1905 was oriented to Cherry. The resulting parcel is shallow in depth and small only 3421 square feet. The existing structure does meet the side setback of 5ft, however it encroaches into the rear setback 1.5ft. 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 encroachment of 14 feet for the length of 12.5 feet into the rear setback and finds that: • The request is not detrimental to the public good. • The pergola is open on three sides. • The pergola has a semi-open roof that does not create concentrated water run-off. • The lot is shallow in the context of the neighborhood. 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 and the shallowness of the parcel created an exceptional situation unique to the property. Further, staff recommends denial of 4 feet encroachment into the side-yard setback finding: • The primary building meets the side-yard setback and the applicant has not provided sufficient evidence on how the request is nominal and inconsequential when considered in the context of the neighborhood. • A unique hardship to the property has not been sufficiently identified related to the side-yard setback. • The proposal does not support the standards in way equally well or better than a proposal that complies with the standards. 4. Recommendation: Staff recommends approval of the rear-yard encroachment and denial of the side-yard encroachment of APPEAL # ZBA180024. 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 E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQW LHQRWVHOILPSRVHG From: Ginny Sawyer Sent: Monday, July 02, 2018 9:34 AM To: Noah Beals <nbeals@fcgov.com> Subject: ZBA 180024 Hi Noah, My backyard neighbors, Josh Beck and Kristin Kjer, are requesting a modification to allow for a pergola in their backyard (pergola will encroach into setbacks.) As the nearest neighbor I have no issue with this modification. Our lots are all small and the existing setbacks are very limiting. A pergola will be a nice addition for them and will not have any negative impact to me or other neighbors. It may sound extreme to have the posts just one foot off the property line but the pergola placement is not near any structure and only abuts adjacent backyards. Please allow this modification. Thank you. Ginny Sawyer 405 N Whitcomb St. 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 Date 6HFRQG7KXUVGD\RIWKHPRQWK 7LPHDP 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 610 Cherry Street 80521 610 Cherry Street Joshua Beck & Kristin Kjer 970-566-2122 joshuabeck1@hotmail.com NCM Lot 9711218029 is 3400 sq.ft., the smallest in the neighborhood. The lot is zoned NCM, with a minimum setback for side yards of 5' and non-alley backyards of 15". Our side yard is only 5'6" wide, while our backyard measures 13'6" from fence line to house, making it impossible to construct the proposed pergola. Ideally, we would incorporate the two eastern (side yard) posts with the fence to maximize space, while keeping it aesthetically pleasing to all parties impacted. June 13, 2018 Joshua Curtis Beck 1. Hardship 3. Nominal and inconsequential Additional Justification *seeking variance for 149 SF additional in rear 50% of lot 715 west moutain avenue fort collins, colorado 80521 phone: 970.231.1040 e-mail: heidishuff@gmail.com SITE PLAN Reddy-Reisenberger Residence 110 Circle Drive Fort Collins, Colorado 6.12.18 1/16" = 1'-0" 1 PROPOSED SITE PLAN