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HomeMy WebLinkAbout04/13/2017 - 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: 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 APRIL 13, 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 ZBA170009 Address: 2408 Moffett Drive Petitioner/Owner: Rodney Rogers Zoning District: U-E Code Section: 3.8.11(C)(1), 3.8.11 (C)(2), 3.8.11 (C)(3), 4.2 (D)(2)(b), 4.2 (D)(2)(c) and 4.2(D)(d) Project Description: The variance request is to construct an 8 feet tall fence in portions of the side-yard, rear-yard and front-yard of the property. The maximum height of a fence in the front yard is 4 feet and the rear- yard/side-yard is 6 feet. 2. APPEAL ZBA170010 Address: 110 N. Sherwood Street Petitioner/Owner: Linda Ripley Zoning District: N-C-M Code Section: 4.8(D)(2)(a)1.; 4.8(D)(3); 4.8(E)(3) Project Description: The variance request is to allow two additions to the existing home: A 110 square feet garage addition to the north side of the home and a second story addition for a 200 square feet bedroom on the east side of the home which will replace a portion of the existing roof top deck. The request requires 3 variances: 1) An increase of allowable square footage for the property; the total allowable square footage is 1,710 square feet. The existing total square footage is 1,954 square feet and the proposed total square footage is 2,264 square feet. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 April 13, 2017 2) An increase of allowable square footage on the rear half of the property; the rear half total allowed is 564.3 square feet; the existing rear half total is 1,207.54 square feet and the proposed is 1,517.54 square feet; and 3) All new buildings and additions require a 15 feet rear-yard setback; the existing rear-yard setback is 4 feet and the proposed will remain a 4 feet setback. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT April 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170009 PROJECT DESCRIPTION Address: 2408 Moffett Drive Petitioner/Owners: Rodney Rogers Zoning District: U-E Code Section: 3.8.11(C)(1), 3.8.11 (C)(2), 3.8.11 (C)(3) 4.2 (D)(2)(b), 4.2 (D)(2)(c) and 4.2(D)(d) Variance Request: The variance request is to construct an 8 feet tall fence in portions of the side-yard, rear-yard and front-yard of the property. The maximum height of a fence in the front yard is 4 feet and the rear-yard/side-yard is 6 feet. STAFF COMMENTS: 1. Background: The property was developed while under the County jurisdiction as part of the Tefft Acres plat 1961. It was later annexed into the City of Fort Collins in 2003 in the South Taft Hill Seventh Annexation. Upon annexation the property was zoned Urban Estate (U-E). The U-E setbacks require a 25 feet rear yard setback, 20 feet street side yard, and 30 feet front yard setback for structures that require a building permit. The Land Use Code does allow fences and walls to be constructed into the setback. However it restricts a fence/wall in the rear-yard to a height of 6 feet. A fence/wall can be built taller than the allowed but it is required to meet the 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 of the variance request to increase the allowable fence height 8 feet only in the side-yard and rear-yard finds: • The variance is not detrimental to the public good. • The fence is not a solid fence and mostly transparent. 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 ZBA170009. March 14, 2017 Zoning Board of Appeals City of Fort Collins, Colorado RE: Fencing Variance of Location and Height Zoning Board of Appeals Members, My name is Rodney Rogers and I live at 2408 Moffett drive. This address is a unique and wonderful place to live and grow up at. My parents moved to this house and neighborhood in 1975 when I was 8 years old. I have lived on an off at this location over the last 42 years. Over the last 3 years I have been fortune enough to buy this property from my father and I am the owner of the house I grew up in. When my parents moved to this location we were in Larimer County. At that time the neighbors and my parents installed fence on their property lines and maximized and enjoyed our properties to the fullest. This neighborhood is unique and wonderful and why it is currently zoned as, Urban Estate District. The area and neighborhood was developed as a low-density and large lot housing with property for the home owners to, do as they please with their property. This is the true definition of the American Dream. My neighbors, my parents and my family have enjoyed numerous different usages for the large lots to board horses, and other animals, grow trees and nurseries, grow grapes, and grow vegetables. My property at 2408 Moffett drive is located on 3 acres of land; I have 3 shares of irrigation water and a well. All these items lend itself to the usage as defined in the Urban Estate District and to cultivate and grow vegetables and other flowers and fruit. Currently, I and some friends from Fox Hole Farm are in a partnership to establish a farm. We have obtained the necessary Urban Agricultural Farm license and again we are excited to be in this setting and area designate Urban Estate zoned area to establish a farm. My challenge is that my property is in an Urban Rural wildlife interchange area. This neighborhood is just east of the Spring Canyon Community Park and Pineridge Natural Area close to the rural wildlife. I am in a low-lying area that doesn’t meet a busy road until South Taft Hill Road, which is east of my property. Therefore, I currently have encounters with Deer on a regular basis. These deer are a great sight to see and some travel in pairs or threes but in other times there are up to 14 to 16 deer together in our neighborhood. Growing any vegetation around my house or on my 3 acres is a challenge. You never know when or if it will last due to the deer population will come by at any point in the day or night and eat these plants. So, Rodney Rogers to establish a farm and grow any quantity of vegetables, fruit, or flowers I need to “Exclude” these deer from an area of my property. Therefore, I am requesting a variance to approve the 8’-0” tall height Exclusion Fence for a portion of my property, and to install this fence and lower lying wildlife friendly fence on two sides, the south and the west sides back to my property corner and located on my property lines. The original fence line was located on these two sides on the property line up until several years ago. The Old fence was deteriorated and in disrepair when I removed it. I am trying to re-establish these fence lines on my property lines and not have to install the new fence at the setback distances and encroach into my property. To justify my Variance, I have provided the following documentation and items in the attached package of information. 1. Location map of my neighborhood to the proximity of the parks and natural area. Providing an understanding of the Urban Rural wildlife interchange location. 2. Google Earth image of my property detailing the locations of Exclusion fence on the south 100”- 0” (Moffett Drive side) and west property line (Moore Alley side) 200’-0”, the location of new 4’- 0” smooth wire fence on the remaining west property line for 268’-0”, where my current fence and property lines are located. And showing where and how my irrigation enters my property. My irrigation flows to the Northwest via flood irrigation. To the west or the Moore Alley side, these several properties boarder my property. This alley or paved road is their access. Between the road and my property is the overflow ditch for storm water and irrigation water. From the alley road to my property is 20’-0”. This 20’-0” is to my property line, again this was the original fence line. 3. The Site plan of my property and farm shows the location and vegetable gardening area, location of my irrigation pond, location of my hoop green houses. These items would be within the 200’- 0” x 100’-0” area of 8’-0” Tall Exclusion Fencing. 4. Irrigation pond location, irrigation entry location, grading and water flow to the northwest, which is needed to maintain the irrigation flow northwest across my property from the irrigation outflow entry point to my property. Finally, the safety of the pond to be within the fenced area. This pond is currently under review and approval by the Colorado State Engineer. The location of water outflow is at my current property line on the south side (Moffett drive). This is gravity flow irrigation and is 15’-0” from the edge of the street to this outflow location. 5. Exclusion fencing picture of elevation of size, type, visibility, and overall appearance for the type of fence to be installed as the 8’-0” tall Exclusion Fence. 6. I have researched how to exclude deer from jumping over fence. In doing so I have had conversation with the Colorado Division of Wildlife and from there Brochure Fencing with Wildlife in Mind. From this research anything under 7’-0” – 8’-0” deer can jump over. I do not want to injure any wildlife therefore I need to Exclude them. I have attached the several pages describing the reasoning for 8’-0” Exclusion Fencing being used. See the three pages describing why the 8’-0” is necessary and a Variance would be needed for these extenuating circumstances. I am a partner in the natural beauty and habitat that I live in and around. I am trying to accommodate this by collaborating with the DOW, you the City of Fort Collins Zoning Board and the Wildlife that live around me. 7. The 42”- 48” tall 3-strand smooth wire fence information is for the construction type of fencing for the remaining portion of fencing to the corner of my property. 8. Finally, the last pages are information only about the details for the depth of my irrigation pond. This will not be more than 5’-0” in depth and only be full or partially full of water during irrigation months of July, August, and September and into October. These items are included to convey my extenuating circumstances to assist you in evaluating and ultimately approving this Variance of installing 8’-0” tall fence and re-establishing my fence lines on my property lines. These variances are due to the very fortunate location I live in with wildlife present, the ability to maximize my property, keep the irrigation flow and grading that is natural to my property and to use the existing fence lines on my property. I am asking and providing the information necessary to re- establish these two fence lines, one on the South side of my property (Moffett drive side) for 100’-0” and to re-establish the west fence line for 468’-0” on my property lines. Also, due to extenuating circumstances I am providing the necessary information for a Variance Approval for the additional height of 100’-0” feet of fence on the south side (Moffett side) and 200’-0” on the West side (Moore alley side) to be 8’-0” Exclusion fence. This is wire mesh fence that is highly visible through but limits the ability of the Wildlife to jump over and or jump and become injured. I appreciate your time and consideration for my issues and concerns. I am willing and hoping you see that I am being transparent and willing to provide any and all necessary and additional information. Please let me know if I need to provide any more information or if I can answer any further questions or concerns. All I would hope for is to demonstrate that I want to be a partner in the natural beauty and habitat that I live in and around. Hopefully with these Variance approvals, Fox Hole Farms and I, we can feed others and ourselves rather than the natural wildlife that we are fortunate to live around. Sincerely, Rodney Rogers 3/13/2017 Google Maps https://www.google.com/maps/@40.5419369,-105.122011,16z 1/1 Map data ©2017 Google 500 ft 20'-0" 268'-0" 100'-0" 200'-0" 15'-0" 4'-0" Tee Post & Wire Fence 8'-0" Exclusion Fencing Existing 4'-0" Tee Post & Wire Fence on Property Line Old Fence Line was On the West Property Line Irrigation Outflow Irrigation Ditch Flows to the West Moore Alley Moffett Drive i) C) i,] 0 U / 0 C 0 C) -I c (?1( c: Agenda Item 2 Item # 2 - Page 1 STAFF REPORT April 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170010 PROJECT DESCRIPTION Address: 110 N. Sherwood St Petitioner/Owner: Linda Ripley Zoning District: N-C-M Code Section: 4.8(D)(2)(a)1., 4.8(D)(3), and 4.8(E)(3) Variance Request: The variance request is to allow two additions to the existing home: A 110sf garage addition to the north side of the home and a 2nd story addition for a 200sf bedroom on the east side of the home which will replace a portion of the existing roof top deck. The request requires 3 variances: 1) An increase of allowable square footage for the property; the total allowable square footage is 1,710sf. The existing total square footage is 1,954sf and the proposed total square footage is 2,264sf. 2) An increase of allowable square footage on the rear half of the property; the rear half total allowed is 564.3sf; the existing rear half total is 1,207.54sf and the proposed is 1,517.54sf; and 3) All new buildings and additions require a 15' rear-yard setback; the existing rear- yard setback is 4’ and the proposed will remain a 4’ setback. STAFF COMMENTS: 1. Background: The property was originally platted in 1873 at the time the original Fort Collins Town Plat was recorded. Later in approximately in 1881 it was replatted as part of the Lindenmeires Subdivision. This replat created new lots that oriented onto Mountain Avenue and added an alley connection from Sherwood Street to the alley that runs north and south. The home addressed 110 N. Sherwood Street was built in 1904 and then in 1910 the home addressed 430 W Mountain Avenue was built; both were built on the same lot. In 1971 the alley connection from Sherwood Street was vacated. At some point in time the lot was divided into two parcels. These two parcels resulted in a north parcel that was approximately 3,000sf that included 110 N Sherwood St and a south parcel that included the remainder of the lot. The 110 N Sherwood St property had a garage on the rear of the building. This garage took access from the vacated alley. In time this garage was converted into habitable space. In the recently adopted Old Town Neighborhood Design Guidelines, the Old Town Neighborhood was divided into character areas. This property was in included in Character area 1. The Description of this Character Area states the area includes portions of neighborhoods with richly-detailed homes that are somewhat larger in scale than those found in other parts of the Old Town Neighborhoods. 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 and finds: • The variance is not detrimental to the public good. • Larger homes are typical for the neighborhood. • The additional square footage will have low visibility from the street. Agenda Item 2 Item # 2 - Page 2 • The setback encroachment matches the existing building for an additional 7 feet in length along the 4 feet setback. • The 2nd story addition is replacing a portion of the existing 2nd story deck. 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 ZBA170010. From: Kathy Konen [mailto:ambejo3@gmail.com] Sent: Sunday, April 02, 2017 11:56 AM To: Noah Beals Subject: 110 N Sherwood Variance I am in favor of granting the entire variance request to Linda Ripley. Linda has a beautiful home and her ideas for improving it are welcome in our neighborhood. The addition of a bedroom and small garage are essential for the next generation of homeowners in Old Town. Let's make sure that we keep our neighborhood updated and ready for families to enjoy. Kathleen Konen Justification for Zoning Variance Long ago the north 45 feet of Lot 17, Block 51, Lindenmeier Subdivision was divided off to create a new lot, essentially in what was the backyard of the house that faces Mountain Avenue (see Improvement Survey attached). The result is that 110 North Sherwood sits on a small lot and does not have a backyard. It is a very unique circumstance that has existed for decades. I purchased this house 34 years ago. The previous owner had vacated an existing alley that ran east- west adjacent the north property line. When the alley existed there was a garage on the east side of the house in approximately the same location where it is being proposed now, however, without the alley it is impossible to access the original garage. The home has been well maintained and upgraded over the last 35 years. Approval of this variance would insure that the house continues to maintain its value and continues to be an asset to the neighborhood. To enhance its usefulness as a home, I propose to add a second story bedroom (so there would be a total of 3 bedrooms), approximately 200 SF in size and create a one-car garage to be located toward the rear of the lot and accessed from Sherwood Street at the existing driveway. The adjacent house to the north, 114 North Sherwood, is separated from 110 North Sherwood by approximately 26-30 feet because of the vacated alley. So even with the proposed expansion the two dwellings have a much wider separation than is typical along North Sherwood Street. The existing house is located 4 feet from the east property line and currently has a second story deck that runs the full width of the house. I propose to build a second story bedroom on the north end of the deck. The bedroom addition is sensitive to the adjacent neighbors in that no viewing windows are proposed on the north or east sides. In fact privacy for the adjacent residents will be increased because half of the outdoor deck overlooking the properties will be replaced by the bedroom walls. Dormers are proposed on the roof to provide additional day light. The 200 SF garage addition is proposed to be added to the north side, and would be setback 5 feet from the north property line as required by the zone district. The hardship is twofold. First, the fact that this existing home and its lot have been compromised by a series of decisions made long ago. It is a very small, square lot (3,420 SF) carved away from another lot and therefore does not have the square footage or dimensional attributes that most Old Town lots have. Secondly the alley vacation that occurred in 1984 made it impossible to continue using the garage that existed at the time. I am requesting the variance so that I can maintain the house and keep it current with modern living requirements. Even without a car, the garage is needed to store bikes and other equipment that need wheeled access. A third bedroom is also an important feature that would increase the chances that families will continue to enjoy the home for years to come. This unofficial copy was downloaded on Mar-27-2017 from the City of Fort Collins Public Records Website: http://citydocs.fcgov.com For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA