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HomeMy WebLinkAbout02/09/2017 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Chair Daphne Bear, Vice Chair Bob Long Ralph Shields Cody Snowdon 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 FEBRUARY 9, 2017 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 ZBA170001 Address: 1510 Whedbee Street Petitioner/Owners: Michael and Katheryn Hill Zoning District: N-C-L Code Section: 4.7(E)(4)(a) Project Description The variance request is to build a 2-story addition on the northeast corner of the house. This addition requires a variance to allow the wall height to increase an additional 3 feet in height; the maximum height allowed at the 5 feet setback is 14 feet. 2. APPEAL ZBA170002 Address: 1207 Standish Court Petitioner/Owners: Douglas and Janice Anderson Zoning District: R-L Code Section: 3.8.11(C)(3) and 4.4(D)(2)(d) Project Description The variance request is to approve a 9-10 foot high fence at a zero setback from the side property line; the maximum height of a fence is 6 feet. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 February 9, 2017 3. APPEAL ZBA170003 Address: 212 LaPorte Avenue Owner: City of Fort Collins Petitioner: DaVinci Sign Systems Zoning District: D Code Section: 3.4.7(A)(2) Project Description The variance request is to allow a rooftop sign to an existing building, in an effort to restore its historical character. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT February 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170001 PROJECT DESCRIPTION Address: 1510 Whedbee Street Petitioner/Owners: Michael and Katheryn Hill Zoning District: N-C-L Code Section: 4.7(E)(4)(a) Variance Request: The request is to build a 2-story addition on the northeast corner of the house. This addition requires a variance to allow the wall height to increase an additional 3 feet in height; the maximum height at the 5 feet setback is 14 feet. STAFF COMMENTS: 1. Background: The property was platted around 1924 as part of the LC MOORES 3rd Filing. The existing primary structure was built in approximately 1948. The number of changes since original construction is undetermined. In 2013 a variance was approved for the property that allowed an encroachment on the south side-setback for a roof overhang. This addition was not built and the variance did expire. The past variance is not the same variances being requested at this time. Also, in 2013 a building permit was submitted for a 2-story addition to the primary building. This application was partially reviewed and then withdrawn. Further, the Land Use Code was updated in 2013. This update did include the additional solar setback along north property lines. 2. Applicant’s statement of justification: See petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends denial of the variance request to increase the allowable floor area on the rear half and finds: • The length of the north wall will double in size. • Half of the north wall will exceed the solar access standard. • 3 feet is 21% increase of the 14 feet height maximum. Therefore, the variance request will diverge from the standards in a consequential way when considered in the context of the neighborhood. A unique hardship to the property has not been identified. 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 denial of Appeal ZBA170001. Michael & Katheryn Hill 1510 Whedbee Street Fort Collins, CO 80524 (206) 225-3369 January 6, 2017 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Request for 1510 Whedbee Street To Whom It May Concern: We are requesting two variances to the Fort Collins Land Use Code for the proposed construction of a two-story addition on the rear of our home at 1510 Whedbee Street. The variances are to Section 4.7 (D)(3) and Section 4.7 (E)(4)(a) of the Fort Collins Land Use Code, to allow for a modest, 702-square-foot addition comprising a master bedroom, bathroom and small family room. The majority of this addition will occupy the existing patio space. The existing house is only 916 square feet in size, has no basement, and was purchased with the full intent to build an addition similar - though considerably smaller – than what was already approved for the previous owners. Not being able to do so would definitely be a hardship for us, being a family of four. Furthermore, we would not have purchased the home had we been under the impression that a similar addition would not be allowed. While the addition does put us slightly over both the allowable floor area currently allowed on the rear halves of lots and the solar access setback guidelines for exterior north-side walls, we believe the project will not diverge from the land use code standards except in a nominal, inconsequential way when considered in the context of the neighborhood. This stems from the fact that while the land use code would apparently allow for the additional square footage to be added to the front of the home, the Historic Preservation department previously recommended, upon completion of the appeal period (no applications for appeal were received), that we not significantly alter the front face of the residence. Thus, we find ourselves trying to carefully balance neighborhood integrity with the practicality of requiring additional living space, something we believe is best accomplished by constructing an addition atop the existing patio space on the north side of the rear half of the property. Additionally, by constructing the addition on the north side of the property, we will be able to avoid having to remove a large, mature Locust tree from our back yard. This, we believe, is an improvement on the plans approved for the previous owners, which called for removal of the tree. We also believe the proposed addition would promote the general purpose of the standard for which the variances are requested equally well or better than would a proposal which complies with the standard for which the variance is requested. Not only would the additional square footage give us the minimum amount of space our family needs to all live comfortably under the same roof, it would achieve this for us in a tasteful fashion that makes thoughtful use of the current footprint of the home. Ultimately, the modest, practical nature of this addition takes a number of different factors into consideration and seeks to find the right balance between all of them. We hope you agree and that you will grant us the variances we are seeking so that our family will be able to truly enjoy our home for many years to come. Thank you for your time and attention to this matter. Sincerely, Michael & Katheryn Hill Carrie and Christopher Gregory 1418 Fort Collins, Whedbee CO Street 80524 Fort 281 Fort N. Collins Collins, College Zoning CO 80522 Board January 16, 2017 Dear We are Zoning writing Board, in support of the proposed addition to the home at 1510 Whedbee Street. the changes proposed As are the modest homeowners renovation. and in We keeping at have 1418 reviewed Whedbee, with the feel the we plans of are the only and neighborhood. two feel houses like the The away suggested house from in question reasonable, atmosphere does and here. not beneficial easily fit to a family the street as it as currently a whole, stands, as we really so the love changes the family seem The to bring Hill family the neighbors specifically closer has together been great and for making the neighborhood, it exactly the kind organizing of place events that gives the communication. neighbors Fort Collins in We their such hope construction a great that reputation. the Zoning plans and Board They we have will really approve been appreciate very the careful variances their to attitude consider needed and for the their Hills improve renovation, our because neighborhood the changes and we will want improve them the to be structure, able to stay. and because Thanks for your consideration, Carrie and Christopher Gregory January 17, 2017 Applicable Departments City of Fort Collins Staff: Re: Proposed addition at 1510 Whedbee St Michael and Kathryn Hill We have reviewed the plans dated 10/21/2016 for the proposed addition, and discussed them with the Hills. We have no objection to the proposal, and support their applications as needed. 12lcu ~ ~ffAn\L ;dr1-- Michael and Suzanne Kruger 1505 Whedbee St. Fort Collins, CO 80524 Sean and Amy Moore 1501 Whedbee Street Fort Collins, CO 80524 Phone: 970-312-6253  E-Mail: seanemoore@mac.com; ajum@mac.com Date: 0130/2017 Dear Committee: We would like to write to express our support for the remodel and expansion plan proposed by Mike and Kathy Hill at 1510 Whedbee Street. We have had the opportunity to see the architect’s plans and find them very appealing. As is, the current house on the property is unlivable for a family of four and as such, may necessitate the Hill family to move. We support their plan for two main reasons: First, and most importantly, the Hills are a dynamic and enjoyable part of our neighborhood, and add a great sense of community. We truly enjoy having them as neighbors and participating in planned activities with them from caroling at Christmas to our other neighbors to progressive dinners and to simply chatting on the sidewalk while we rake leaves. We would hate to see them move due to the inability to expand their home and meet their needs. Secondly, we feel the remodel and expansion as proposed will improve the “curb appeal” of the neighborhood and increase property values for all nearby. Although this is of minor importance compared to the enjoyment of the Hills as neighbors, it is a consideration. We ask you to seriously consider approving the development plan that Mike and Kathy are proposing for their property, and they have our full support in improving their home and our neighborhood. Sincerely, Sean Moore and Amy Ullmann-Moore Agenda Item 2 Item # 2 - Page 1 STAFF REPORT February 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170002 PROJECT DESCRIPTION Address: 1207 Standish Court Petitioner/Owners: Douglas and Janice Anderson Zoning District: R-L Code Section: 3.8.11(C)(3) and 4.4(D)(2)(d) Variance Request: The variance request is to approve a 9-10 foot high fence at a zero setback from the side property line; the maximum height of a fence is 6 feet. STAFF COMMENTS: 1. Background: The property was platted in 1979 as part of the Golden Meadows Second Filing. The primary structure was built in 1980. The Land Use Codes limits fences within the side or rear yards to 6 feet in height. The 6 feet height standard is to allow for some privacy while maintaining a level of safety. Additionally, the 6 feet height decreases the effect of a structure looming onto abutting properties. 2. Applicant’s statement of justification: See petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends denial of the variance request and finds: • These variance requests will diverge from the standards in a consequential way when considered in the context of the neighborhood. • A unique hardship to the property has not been identified. • 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 denial of Appeal ZBA170002. From: Noah Beals Sent: Thursday, February 02, 2017 5:20 PM To: Marcha Hill Subject: FW: Appeal #ZBA170002 Noah Beals Senior City Planner-Zoning City of Fort Collins 970 416-2313 970 224-6134 Fax --------------------------------------------------------------------------------------------------------------------------- From: Justin [mailto:justinhaak00@gmail.com] Sent: Thursday, February 02, 2017 3:53 PM To: Noah Beals Subject: Appeal #ZBA170002 Hello Mr. Beals, My name is Justin Haak and I live at 1206 Dorchester Court in the Golden Meadows neighborhood. I received the Legal Public Hearing Notice in the mail a few days ago and would like to make a few comments about the proposed change. Firstly - I believe this is an attempt to by-pass the HOA by-laws that indicate that any trailer or camper must be concealed by a fence. The persons living at 1207 Standish Ct have a fairly large camper trailer stored in their backyard. Since their camper trailer is large and is easily visible above the 6' privacy fence, they are in violation of the by-laws. Which says you can't store trailers/campers in the back yard and have them visible above the fence line. Our neighborhood HOA has hired a new HOA management company and they have been enforcing violations recently whereas in the past some of these violations have not been enforced so many people are upset because they have gotten away with covenant violations for so long in the past. I was personally informed by the management company to remove my trailer from my driveway and I have seen complaints from other neighbors on the "Nextdoor" community website for the neighborhood. My solution was to store the trailer off-site at a camper storage place like many people have to do. Secondly - Building a 9' fence will not flow with the rest of the properties that are along New Bedford street. All those fences are 6' max. The side fence that they want to modify is joined with another property owners fence. I don't think having a 6' fence and then a 9 to 10' fence would look aesthetically pleasing. The front of my house looks right out to their fence line and I don't want to see an abnormally large fence across the street. I think the people requesting the variance should just store the camper off-site or figure something else out instead of attempting to circumvent the HOA by-laws. If they are allowed to do so, I would expect many more variances to be requested by Golden Meadows property owners. The by-laws should have been better enforced originally. If they had been, these people would not be asking for a variance. Regards, Justin Haak Agenda Item 3 Item # 3 - Page 1 STAFF REPORT February 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170003 PROJECT DESCRIPTION Address: 212 LaPorte Avenue Petitioner: DaVinci Sign Systems Owner: City of Fort Collins Zoning District: D Code Section: 3.4.7(A)(2) Variance Request: The variance request is to allow a rooftop sign to be added to an existing building, in an effort to restore its historical character. STAFF COMMENTS: 1. Background: The property has recently been redeveloped as part of the City’s civic campus. This redevelopment included a new Utilities Administration building and relocating the Butterfly building. The Landmark Preservation Committee (LPC) discussed the preservation of the Butterfly building. Although they would have liked to have seen it remain in its original location, the committee agreed it could be relocated further east. The LPC further requested that a sign be replaced that is indicative of Googie-style architecture of the building. The location of the historic sign is defined as a roof-top, which is prohibited under current standards. 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: • The variance request is not detrimental to the public good. • The sign does not exceed the allowed square footage. • The sign does closely resemble the old sign in size and location. • The size of the sign is not typical of a billboard. • The Butterfly building is one story surrounded by three story buildings. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 and the square shape of the lot is an exceptional physical condition. 4. Recommendation: Staff recommends approval of Appeal ZBA170003.