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HomeMy WebLinkAbout03/09/2017 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Chair Ralph Shields, Vice Chair Daphne Bear Robert 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. • 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 ZBA170004 Address: 6203 Swainsons Hawk Place Petitioner/Owners: Brian and Michele Tessari Zoning District: U-E Code Section: 4.2(D)(2)(c) and 3.8.11(C)(3) Project Description The variance request is to construct a privacy wall with fireplace on the rear of the property. The wall requires a variance to allow the wall to encroach 19 feet into the required 25 feet rear setback. 2. APPEAL ZBA170005 Address: 217 2nd Street Petitioner/Owner: Travis Slisher Zoning District: R-L Code Section: 3.5.2(E)(5) Project Description The variance request is to construct a detached 2-story accessory building with 1,224 square feet of floor area; the maximum allowed for an accessory building is 800 square feet. 3. APPEAL ZBA170006 Address: 538 Apple Blossom Lane Petitioners: Brian and Alyson Richardson Owner: Ann M Dings, Living Trust Zoning District: U-E Code Section: 4.2(D)(2)(c) Project Description The variance request is to construct a 1,600 square foot garage 5 feet into the required 25 feet rear setback. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 March 9, 2017 4. APPEAL ZBA170007 Address: 1121 Akin Avenue Petitioner/Owners: Travis Schmidt and Sarah Ryan Zoning District: N-C-L Code Section: 4.7(D)(2)(a)2. Project Description The variance request is to construct a 345 square foot detached garage on the rear of the lot that would be 219 square feet over the allowable floor area for the property. 5. APPEAL ZBA170008 Address: 2045 W. Mulberry Street Petitioner/Owner: Christina and Kyle Eddy Zoning District: L-M-N Code Section: 3.5.2(E)(5) Project Description The variance request is to construct a 2-story 2,240 square feet garage that is 1,040 square feet over the allowed 1,200 square feet maximum. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT March 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170004 PROJECT DESCRIPTION Address: 6203 Swainsons Hawk Place Petitioner/Owners: Brian & Michele Tessari Zoning District: U-E Code Section: 4.2(D)(2)(c) and 3.8.11(C)(3) Variance Request: The variance request is to construct a privacy wall with fireplace on the rear of the property. The wall requires a variance to allow the wall to encroach 19 feet into the required 25 feet rear setback. STAFF COMMENTS: 1. Background: The property is a part of the Kechter Farm subdivision. This subdivision was reviewed and approved in the County. Shortly after its approval, the subdivision was annexed into the City in 2014. Upon annexation the property was zoned Urban Estate (U-E). The U-E setbacks require a 25 feet rear 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 6 feet 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 wall to be built 9 feet in height for 17 feet in length along the rear yard setback and finds: • The variance is not detrimental to the public good. • The wall is setback 6 feet from the property line. • The wall extends 17 feet of 127.25 feet of the rear property line. • The rear property line is a side property line for the abutting neighbor. 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 ZBA170004. Fort 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 occupanUapplicant of the property, provided that such difficulties or hardship are not caused by an act or omission of the occupanUapplicant (i.e. not self-imposed); (2) the proposal wi ll 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 appllcatlon 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. Variance Address 6203 Swainsons Hawk Place Petitioner's Name, 1f not the Owner City Fort Collins, CO Petitioner's Relationship to the Owner is Zip Code 80528 Petitioner's Address 6203 Swainsons Hawk Place Owner's Name Brian & Michele Tessari Petitioner's Phone # Brian & Michele Tessari Code Section\s) LUC 4.2(0}(2}(c) LUC 3.8.1 " Petitioner's Email Pizzon1 O@comcast.net Zoning District Urban Estate (U-E) Additional Representative's Name Justification(s) 1. Hardship Representative's Address I Justification(s) 3. Nominal and inconsequential Representative's Phone# I _J Justification(s) Additional Justification Representative's Email I I Reasoning Our back yard is abnormally close (approximately 25ft) and uniquely positioned from our If not enough room, neighbors windows on the side of their home disallowing us m~~eeded privacy from the main addition~! written common area of our house we can see directly into neighbors nd feel we must always have our blinds closed because of such close proximity and similar land grade of the lots. This information may also impedes our need/desire for a comfortable, private, outdoor space to enjoy in our back yard. be submitted We are requesting additional 3ft over the 6ft allowed for decorative privacy wall. 1-23-17 Brian Tessari Date Signature OUTDOOR LINEAR FIREPLACES Stainless steel construction, an integrated LED lighting system, and a SS,000 Btu burner ensure that Empire's 48-inch Outdoor Linear Fireplace will light up your patio party for any occasion. 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IL 62U0-2623 E-<mit inlo@empirecomfort.com 009n 9114115 Tttt- EM9ftc c~ s,,ion ~ """ locos ue rfln.ttre:i U.S. t~rlu. Agenda Item 2 Item # 2 - Page 1 STAFF REPORT March 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170005 PROJECT DESCRIPTION Address: 217 2nd Street Petitioner/Owners: Travis Slisher Zoning District: R-L Code Section: 3.5.2(E)(5) Variance Request: The variance request is to allow a 2-story accessory building to be built with 1224 square feet of floor area; the maximum floor area for an accessory building is 800 square feet. STAFF COMMENTS: 1. Background: The property was platted in 1903 as part of the Buckingham Place subdivision. It encompasses 2 of the original platted lots and is approximately 12,700 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 the variance request and finds: • The request is not detrimental to the public good. • The additional square footage does not exceed the allowable floor area for the lot. • The building could be built to the same height as a 1 story building. • The footprint of the building does not exceed the 800 square feet. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of Appeal ZBA170005. Agenda Item 3 Item # 3 - Page 1 STAFF REPORT March 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170006 PROJECT DESCRIPTION Address: 538 Apple Blossom Lane Petitioner: Brian Richardson Zoning District: U-E Code Section: 4.7(D)(2)(a)2. Variance Request: The variance request is to allow a 1,600 square feet accessory building to encroach 5 feet into the required 25 feet rear-yard setback. COMMENTS: 1. Background: This property is the process of replatting two parcels into one Lot. The structure is 1,600 square feet. In the U-E Zone District to build a 2,500 square feet accessory building a parcel is required to be 1 acre in size. The acre size for the replatted property will be 3.3 acres. The primary building was originally built when the property was under the County jurisdiction. This building currently does not meet the rear-yard 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 of the variance request and finds: • The variance is not detrimental to the public good. • The primary building is setback 6.8 feet from the rear property line. • The abutting property is 10 acres in size and the closest structure on it is setback 300 feet from the property line. 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 # ZBA170007. The following is additional reasoning for our desire to place the barn in our requested location. The proposed location is located above an irrigation canal that runs through our property. By placing this above the creek, it allows us to use the creek to flood irrigate the pasture grass below the creek to the south without impacting a structure. To move the building to the only other feasible area is home to an existing play structure that would have to be moved. This would also require the removal of two mature trees as well as heavy trimming of a third. Anywhere else on the property would require the construction of a driveway and/or secondary vehicle turnaround area to access the building and be able to turn vehicles around to back into the barn. Moving the barn on the proposed site to meet setbacks would require the removal of two very mature trees to be able to bring vehicles into the structure. As we have the proposal, we would use the existing vehicle turnaround, back up the current driveway into the building without removal of any trees or creation of additional driveways. Our current house sits only 10-12 feet from the rear property line. The new building is proposed to be placed 20 feet from the rear line. We feel this is consistent with the property. I have included an aerial picture, titled Applewood, of a portion of our neighborhood. This photo shows numerous buildings that exist in the neighborhood that do not meet the current setback requirements. Many of these buildings appear to be on the property line in not within the 25 foot rear setback and 20 side setback. For this reason we feel we are not being inconsistent with the existing neighborhood We would also like to minimize sight obstruction not only for ourselves, but for those who live nearby. By placing the barn in the proposed location, we will have placed all of our buildings closer together, much like many of the property owners have done to preserve their own open feel to their properties, as shown in the above referenced picture. I have also included an aerial view of our property, titled 538, that highlights some of the issues I have mentioned. Again, thank you for your time and consideration in this request to build our new storage barn 5 feet inside the setback requirement. Brian Richardson 20 foot setback Barn Scale - 1” = 60 feet 40 ft x 40 ft 20 foot set back from back property Irrigation creek 5 foot setback minimum per Pleasant Valley Ditch Co. 25 foot setback line per UE zoning Agenda Item 4 Item # 4 - Page 1 STAFF REPORT March 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170007 PROJECT DESCRIPTION Address: 1121 Akin Ave. Petitioner/Owners: Travis Schmidt and Sarah Ryan Zoning District: N-C-L Code Section: 4.7(D)(2)(a)2. Variance Request: The variance request is to construct a 345 square foot detached garage on the rear of the lot that would be 219 square feet over the allowable floor area for the property. STAFF COMMENTS: 1. Background: In January of this year the applicant was denied the request for a variance to increase the allowable floor area for the lot an additional 380 square feet above the allowable 2,450 square feet. The applicant has redesigned the proposed accessory building and minimized the size down to 1 enclosed vehicle space and has lowered the roof/eave heights. 2. Applicant’s statement of justification: See petitioner’s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval the variance request and finds: • This variance request is not detrimental to the public good. • The structure is 1 story and sized for 1 enclosed vehicle space. • The visual impacts are limited from the front street. • The 219 square feet is 9% increase of the allowable 2,450 square feet. Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way, when considered in the context of the neighborhood, and will continue to advance the purpose of the Land Use Code contained in Section 1.2.2 and will promote the general purpose of the standard in a way equally well than a proposal that complies with the standard 4. Recommendation: Staff recommends approval of APPEAL # ZBA170007. Our home is 1121 Akin Ave. We have a 6000 sqft lot with a 2324 sqft house. The land use codes permit 2450 sqft in structures (house with garage) on our lot. We request a variance to build a 345 sqft garage. The new garage will put us 219 sqft or 9% over the allowed FAR. This variance will not be detrimental to the public good, and meets the (1) nominal and inconsequential and (2) equal to or better than justifications. (1)nominal and inconsequential Lots on our alley and on our street typically have garages. Ten out of 13 lots on our alley have one or more attached or detached garages. The average garage size on our alley is 355. Our garage will be slightly smaller than the average and will make our lot conform to the norms in our neighborhood. Additionally, although we will exceed the FAR by about 9%, we will still have as much or more open space than many of the lots on our street because the footprint of our two-story home is only slightly larger than the norm on our street. (2)equal to or better than Every other house on our block/alley has a garage expect our home. A standard one-car garage is 16 feet wide by 24 feet deep or 384 sqft. Without a variance, we can only build a 127 sqft garage, which would not conform to the neighborhood (garage average of 355) or provide enough room to park a car. From: andre mouton Sent: Monday, February 27, 2017 10:54 AM To: andre mouton; Noah Beals Subject: Appeal # ZBA170007 – 1121 Akin Ave Regarding Appeal # ZBA170007, I vote to ALLOW the garage. Yes, I support the variance. Thank You, Andre Mouton Agenda Item 5 Item # 5 - Page 1 STAFF REPORT March 9, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170008 PROJECT DESCRIPTION Address: 2045 W. Mulberry St. Petitioner/Owner: Kyle Eddy Zoning District: L-M-N Code Section: 3.5.2(E)(5). Variance Request: The variance request is to construct a 2-story 2,240 square feet garage that is 1,040 square feet over the allowed 1,200 square feet maximum. COMMENTS: 1. Background: This property was annexed into the City in 1967. The original house on the property was built approximately 1899. In the L-M-N Zone district there is not a maximum number of accessory structures allowed on a property. Any number of accessory structures could be built. Additionally, these structures do not have a minimum separation distance from each other. The only setback requirements are from the property lines and are the same as the primary building. Building height limits in the L-M-N are 2.5 stories for both the primary and accessory buildings. A maximum vertical height of 12’8” for each story is permitted. 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. • The building footprint does not exceed the 1,200 square feet. • Additional structures could be built to obtain the same amount of floor area. 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 will promote the general purpose of the standard in a way equally well than a proposal that complies with the standard. 4. Recommendation: Staff recommends approval of APPEAL # ZBA170008.