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HomeMy WebLinkAbout07/13/2017 - 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. REGULAR MEETING JULY 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 ZBA170019 Address: 2706 Parklake Court Petitioner/Owner: Carolyn Wells Zoning District: R-L Code Section: 3.8.11(C)(1);3.8.11(C)(2);and 3.8.11(C)(5) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. Additionally requested is allowing the fence to encroach 6 inches into the required 2 feet sidewalk setback. 2. APPEAL ZBA170020 Address: 2701 Parklake Court Petitioner/Owner: Robin Yearley Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 July 13, 2017 3. APPEAL ZBA170021 Address: 2707 Parklake Court Petitioner/Owner: Heather MacMillan Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. 4. APPEAL ZBA170022 Address: 2630 Parklake Court Petitioner/Owners: Ronald and Jeanette Fritzler Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. 5. APPEAL ZBA170023 Address: 1422 N. College Avenue Petitioner: Randy Lerich, Action Signs & Banners Owner: Fahima Kamandy Zoning District: C-S (Service Commercial) Code Section: 3.8.7(G)(8) Project Description: The variance request is to install a second sign face on the south side of the existing Ever Open Café sign. The code states a sign can only have one face if the sign is parallel to existing abutting street frontage. 6. APPEAL ZBA170024 Address: 1208 W. Myrtle Street Petitioner: Robert Kinney, Cloverlick Banjo Shop Owner: HCI, LLC Zoning District: R-L Code Section: 3.8.3(1) and 3.8.3(3) Project Description: The variance request is to allow a home occupation in a detached accessory building. Home Occupations are limited to the primary structure. 7. APPEAL ZBA170025 Address: 415 Mason Court, 6A Petitioner: Sovick Design/Builders, Inc. Owners: Patrick and Vicki Phillips Zoning District: L-M-N Code Section: 3.5.2(E)(A)(3) and 3.8.19(A)(7) Project Description: The variance request is to allow an exterior staircase to encroach 4.75 feet into the required 5 feet setback. The code allows open outside stairways to encroach into a side setback 2 feet. 8. APPEAL ZBA170026 Address: 305 N. Shields Street Petitioner/Owner: Mark Neubauer Zoning District: N-C-M Code Section: 4.8(E)(4)(a) and 4.8(D)(2)(a)2. and 4.8(E)(5) and 3.8.17(A)(2)(c) Zoning Board of Appeals Page 3 July 13, 2017 Project Description: The variance request is to for a 1,782 square foot addition to the existing single family dwelling. This request requires three variances: 1). to allow a 3' 6" side setback. The required setback is 11 feet for a structure with an eave height of 19' 2" abutting a property with a 1-story building. 2). to allow the structure to increase the allowable floor area for the lot an additional 47 square feet. The allowable floor area is 3,575 square feet. 3). to allow the building height to increase an additional 3' 1". The maximum building height is 25' 4". • OTHER BUSINESS Introduction to Interim Sign Code update • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170019 PROJECT DESCRIPTION Address: 2706 Parklake Court Petitioner/Owner: Carolyn Wells Zoning District: R-L Code Section: 3.8.11(C)(1);3.8.11(C)(2);and 3.8.11(C)(5) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. Additionally, the request includes allowing the fence to encroach 6 inches into the required 2 feet sidewalk setback. COMMENTS: 1. Background: This property was annexed into the City in 1970 as part of the Greenwalt 6th annexation. In 1971, the Lake Sherwood subdivision was approved and divided a portion of the annexation into 24 residential lots and 48 dwelling units. An amendment to the Lake Sherwood site plan occurred in 1973 to adjust building footprints. Building permits were issued shortly after the initial approval of the subdivision. Earlier this year, the City received an anonymous complaint concerning a fence exceeding 4 feet in height in the front yard on Parklake Court. Upon investigation, it was found that four properties on Parklake Court had fences exceeding 4 feet in height. Additionally, it was found that this property installed a solid fence located 18 inches from the back of the sidewalk. The required setback for any fence is a 2 feet setback from the back of the sidewalk. This standard has not always been in place and many older fences do not comply. Today the property is zoned Low Density Residential (R-L). This zone district does not allow duplexes. At the time of approval the subdivision was zoned Planned Residential (R-P), which did allow a variety of uses that could have included duplexes. The orientation of the duplex on the lot gives yard space for one unit entirely along the front of the lot and the yard space for the other unit on the back of the lot. 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 # ZBA1700019. From: Shannon Spangler [mailto:shannonspanglercpa@gmail.com] Sent: Thursday, July 06, 2017 6:10 PM To: Noah Beals Subject: Appeal Hearing on 7/13/17 at 8:30 am Hello Noah, I am writing to you regarding a few appeals for fences on Parklake Court. My mother (deceased 3/11/17) Janet McPherson has lived at 2709 Parklake Court since 1998 and never had a problem with the fences in question. I am the personal representative assigned to her estate and will be taking ownership of this house as soon as probate is over in the fall. I would like to request that you grant these home owners the right to keep their privacy fences due to the busy street that they live on. Since they have a unit in the back of theirs they do not have a backyard away from the street that they can enjoy so that is why they have created a backyard out of their front yard. Thank you for your thoughtful consideration in allowing these fences to stay. Here are the appeal numbers I am in favor of. ZBA170022 - 2630 Parklake Ct - Ronald & Jeanette Fritzler ZBA170019 - 2706 Parklake Ct - Carolyn Wells ZBA170020 - 2701 Parklake Ct - Robin Yearley ZBA170021 - 2707 Parklake Ct - Heather MacMillan Thank you! Please let me know if you have any questions for me. Email will work best as I will be in San Diego 7/10 - 7/19. Thank you! Shannon N. Spangler, CPA Agenda Item 2 Item # 2 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170020 PROJECT DESCRIPTION Address: 2701 Parklake Court Petitioner/Owner: Robin Yearley Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. COMMENTS: 1. Background: This property was annexed into the City in 1970 as part of the Greenwalt 6th annexation. In 1971, the Lake Sherwood subdivision was approved and divided a portion of the annexation into 24 residential lots and 48 dwelling units. An amendment to the Lake Sherwood site plan occurred in 1973 to adjust building footprints. Building permits were issued shortly after the initial approval of the subdivision. Earlier this year, the City received an anonymous complaint concerning a fence exceeding 4 feet in height in the front yard on Parklake Court. Upon investigation, it was found that four lots out of the15 lots that abut Parklake Court had fences exceeding 4 feet in height. Today the property is zoned Low Density Residential (R-L). This zone district does not allow duplexes. At the time of approval the subdivision was zoned Planned Residential (R-P), which did allow a variety of uses that could have included duplexes. The orientation of the duplex on the lot gives yard space for one unit entirely along the front of the lot and the yard space for the other unit on the back of the lot. This property installed a 6 feet tall fence with a varying setback due to trees and other vegetation. As installed, the minimum setback is approximately 4 feet. 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 # ZBA1700020. From: Shannon Spangler [mailto:shannonspanglercpa@gmail.com] Sent: Thursday, July 06, 2017 6:10 PM To: Noah Beals Subject: Appeal Hearing on 7/13/17 at 8:30 am Hello Noah, I am writing to you regarding a few appeals for fences on Parklake Court. My mother (deceased 3/11/17) Janet McPherson has lived at 2709 Parklake Court since 1998 and never had a problem with the fences in question. I am the personal representative assigned to her estate and will be taking ownership of this house as soon as probate is over in the fall. I would like to request that you grant these home owners the right to keep their privacy fences due to the busy street that they live on. Since they have a unit in the back of theirs they do not have a backyard away from the street that they can enjoy so that is why they have created a backyard out of their front yard. Thank you for your thoughtful consideration in allowing these fences to stay. Here are the appeal numbers I am in favor of. ZBA170022 - 2630 Parklake Ct - Ronald & Jeanette Fritzler ZBA170019 - 2706 Parklake Ct - Carolyn Wells ZBA170020 - 2701 Parklake Ct - Robin Yearley ZBA170021 - 2707 Parklake Ct - Heather MacMillan Thank you! Please let me know if you have any questions for me. Email will work best as I will be in San Diego 7/10 - 7/19. Thank you! Shannon N. Spangler, CPA Agenda Item 3 Item # 3 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170021 PROJECT DESCRIPTION Address: 2707 Parklake Court Petitioner/Owner: Heather MacMillan Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. COMMENTS: 1. Background: This property was annexed into the City in 1970 as part of the Greenwalt 6th annexation. In 1971, the Lake Sherwood subdivision was approved and a divided portion of the annexation into 24 residential lots and 48 dwelling units. An amendment to the Lake Sherwood site plan occurred in 1973 to adjust building footprints. Building permits were issued shortly after the initial approval of the subdivision. Earlier this year, the City received an anonymous complaint concerning a fence exceeding 4 feet in height in the front yard on Parklake Court. Upon investigation, it was found that four properties on Parklake Court had fences exceeding 4 feet in height. Today the property is zoned Low Density Residential (R-L). This zone district does not allow duplexes. At the time of approval the subdivision was zoned Planned Residential (R-P), which did allow a variety of uses that could have included duplexes. The orientation of the duplex on the lot gives yard space for one unit entirely along the front of the lot and the yard space for the other unit on the back of the lot. This property installed a 6 feet tall with a varying setback due to trees and other vegetation. As installed the minimum setback is 3 feet. 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 # ZBA1700021. From: Shannon Spangler [mailto:shannonspanglercpa@gmail.com] Sent: Thursday, July 06, 2017 6:10 PM To: Noah Beals Subject: Appeal Hearing on 7/13/17 at 8:30 am Hello Noah, I am writing to you regarding a few appeals for fences on Parklake Court. My mother (deceased 3/11/17) Janet McPherson has lived at 2709 Parklake Court since 1998 and never had a problem with the fences in question. I am the personal representative assigned to her estate and will be taking ownership of this house as soon as probate is over in the fall. I would like to request that you grant these home owners the right to keep their privacy fences due to the busy street that they live on. Since they have a unit in the back of theirs they do not have a backyard away from the street that they can enjoy so that is why they have created a backyard out of their front yard. Thank you for your thoughtful consideration in allowing these fences to stay. Here are the appeal numbers I am in favor of. ZBA170022 - 2630 Parklake Ct - Ronald & Jeanette Fritzler ZBA170019 - 2706 Parklake Ct - Carolyn Wells ZBA170020 - 2701 Parklake Ct - Robin Yearley ZBA170021 - 2707 Parklake Ct - Heather MacMillan Thank you! Please let me know if you have any questions for me. Email will work best as I will be in San Diego 7/10 - 7/19. Thank you! Shannon N. Spangler, CPA Agenda Item 4 Item # 4 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170022 PROJECT DESCRIPTION Address: 2630 Parklake Court Petitioner/Owners: Ronald and Jeanette Fritzler Zoning District: R-L Code Section: 3.8.11(C)(1) and 3.8.11(C)(2) Project Description: The variance request is to allow a 6 feet tall fence to be located in the front yard. The maximum fence height allowed in a front yard is 4 feet. COMMENTS: 1. Background: This property was annexed into the City in 1970 part of the Greenwalt 6th annexation. In 1971, the Lake Sherwood subdivision was approved and divided a portion of the annexation into 24 residential lots and 48 dwelling units. An amendment to the Lake Sherwood site plan occurred in 1973 to adjust building footprints. Building permits were issued shortly after the initial approval of the subdivision. Earlier this year, the City received an anonymous complaint concerning a fence exceeding 4 feet in height in the front yard on Parklake Court. Upon investigation, it was found that four lots out of the15 lots that abut Parklake Court had fences exceeding 4 feet in height. Today the property is zoned Low Density Residential (R-L). This zone district does not allow duplexes. At the time of approval the subdivision was zoned Planned Residential (R-P), which did allow a variety of uses that could have included duplexes. The orientation of the duplex on the lot gives yard space for one unit entirely along the front of the lot and the yard space for the other unit on the back of the lot. This property installed a 6 feet tall fence with a varying setback due to trees and other vegetation. As installed, the minimum setback is approximately 5 feet. The additional 2 feet height of the fence is not a solid fence but includes a percentage of transparency. 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 and finds: • The variance is not detrimental to the public good. • The increased setback from the required 2 feet behind the sidewalk reduces the impact of a “tunnel” effect. • The additional 2 feet in height is not a solid fence and has percentage of transparency. 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 # ZBA1700022. From: Shannon Spangler [mailto:shannonspanglercpa@gmail.com] Sent: Thursday, July 06, 2017 6:10 PM To: Noah Beals Subject: Appeal Hearing on 7/13/17 at 8:30 am Hello Noah, I am writing to you regarding a few appeals for fences on Parklake Court. My mother (deceased 3/11/17) Janet McPherson has lived at 2709 Parklake Court since 1998 and never had a problem with the fences in question. I am the personal representative assigned to her estate and will be taking ownership of this house as soon as probate is over in the fall. I would like to request that you grant these home owners the right to keep their privacy fences due to the busy street that they live on. Since they have a unit in the back of theirs they do not have a backyard away from the street that they can enjoy so that is why they have created a backyard out of their front yard. Thank you for your thoughtful consideration in allowing these fences to stay. Here are the appeal numbers I am in favor of. ZBA170022 - 2630 Parklake Ct - Ronald & Jeanette Fritzler ZBA170019 - 2706 Parklake Ct - Carolyn Wells ZBA170020 - 2701 Parklake Ct - Robin Yearley ZBA170021 - 2707 Parklake Ct - Heather MacMillan Thank you! Please let me know if you have any questions for me. Email will work best as I will be in San Diego 7/10 - 7/19. Thank you! Shannon N. Spangler, CPA Agenda Item 5 Item # 5 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170023 PROJECT DESCRIPTION Address: 1422 N. College Avenue Petitioner: Randy Lerich, Action Signs & Banners Owner: Fahima Kamandy Zoning District: C-S (Service Commercial) Code Section: 3.8.7(G)(8) Project Description: The variance request is to install a second sign face on the south side of the existing Ever Open Café sign. The code states a sign can only have one face if the sign is parallel to existing abutting street frontage. COMMENTS: 1. Background: This property abuts N. College Ave. During the recent improvements to the public right-of-way, the City acquired additional land from the property. This acquisition reduced the size of the parking area in front of the building and eliminated the location of previous ground sign. A sign permit was issued for the new sign and was limited to a single sided sign based on limited locations. The new sign was installed. 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 and finds: • The variance is not detrimental to the public good. • A two-sided sign existed prior to the right-of-way expansion. • A double-sided sign could be placed 5 feet to the west of the single sided sign. • After the public right-of-way expansion, there are limited locations a sign could be placed without impacts to the existing parking area. Therefore, a strict application of the standard results an undue hardship upon the occupant of the property not caused by the occupant themselves. 4. Recommendation: Staff recommends approval of APPEAL # ZBA1700023. Agenda Item 6 Item # 6 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170024 PROJECT DESCRIPTION Address: 1208 W. Myrtle Street Petitioner: Robert Kinney, Cloverlick Banjo Shop Owner: HCI LLC Zoning District: R-L Code Section: 3.8.3(1) and 3.8.3(3) Project Description: The variance request is to allow a home occupation in a detached accessory building. Home Occupations are limited to the primary structure. COMMENTS: 1. Background: A Home Occupation is allowed in all dwelling units. This type of use is to be subordinate to the residential use. To help ensure that it is subordinate to the primary use, standards were established, such as limiting the home occupation to the primary building, and not to exceed 50% of the size of the building. The property includes two parcels. The primary building is located on one parcel and the accessory building is located on another parcel. The size of the primary building is approximately 1,000 square feet and the accessory building is approximately 1,900 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 denial and finds: • The request is detrimental to the public good • This 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 # ZBA1700024. Agenda Item 7 Item # 7 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170025 PROJECT DESCRIPTION Address: 415 Mason Ct, 6A. Petitioner: Sovick Design/Builders, Inc. Owners: Patrick and Vicki Phillips Zoning District: L-M-N Code Section: 3.5.2(E)(A)(3) and 3.8.19(A)(7) Project Description: The variance request is to allow an exterior staircase to encroach 4.75 feet into the required 5 feet setback. The code allows open outside stairways to encroach into a side setback 2 feet. COMMENTS: 1. Background: This property is part of the Martinez PUD. At the time of the approval of this PUD, it was uncertain how these lots would develop as both a single family house and a duplex were approved to be built. The two properties directly west of this lot were granted variances to build two garages with dwelling units attached to each other at the shared property line. At the time of these variances, it was noted that the lots of this subdivision were narrow and limited in space. The existing garage is side loaded. It is accessed through a shared drive approach with the west abutting lot. There is a single story garage that meets the 5 feet side-yard setback on the abutting lot that shares the east property line. At the last meeting of the Zoning Board of Appeals, the variance was granted to allow the building to encroach into the setback. At that time, the stairs were not included in the application and the applicant was informed they would need to seek a separate variance for the stairs. 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 is not detrimental to the public good. • Through variance approval other accessory buildings in the Martinez PUD are built closer to the side property line. • The stairs extend 9 feet along 129 feet of the side property line. • The stairs are open and extend only one level. 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 # ZBA1700025. July 4,2017 Noah Beals City Planner, City of Fort Collins Fort Collins, CO 80521 To Noah Beals, City Planner, All of the ten property owners that compose the Martinez park Home Owner's Association support the request for the variance by Pat and Vicki phillips at 415#6 Mason Court. Jeni Schmitz executive director of the Mathews house 4r5#l Mason ct Lee Christian 415#2 Mason Ct Chuck and Jennifer Carpenter #2 Mason Court Steve and Sheila Dielman 415#3 Mason Ct Ken and Suzanne Smith 415#4 Mason Ct Pat and Vicki Phillips 415#6 Mason Ct Dolores Williams 415#7 Mason Ct Jeff Dean and Karen Harder 415#8 Mason Ct Dennis and Mary Lib Sovick 415#9 Mason Ct Deborah Crawford 415#10 Mason Ct ezPark HOA Sincerely, 13'-0" 5'-0" 5'-0" 126.76' 129.74 50.00' CANTILEVER 415 #6 MASON CT VARIANCE REQUEST FOR STAIRWAY IN SETBACK 12' x 16' 23' x20' GARAGE BELOW MAIN FLOOR PLAN SCALE: 1/4"=1' 1 A2 shelves Dining Room Living Room sb36 SFD36U mech shelves KITCHEN BATH Bench LANDING LANDING UP to master DN 2 8 RAISED TILE COUNTER +44 HALF WALL BELOW +42" FOYER 4'-0" 1r SKYLIGHT b48 b24 36" Ref dw b42 chef's pantry micro wave w1848 w1824 w1836 +48 Slate Hearth DN 4 R UP 4 R +48 +48 7'-0" 2'-6" 22'-0" 2'-6" ELEVATOR 20'-0" 5'-0" FAMILY ROOM property line queen bed Cantilever is extended 2.5 feet into the setback Garage is extended 1 foot into the setback GARAGE APARTMENT Variance request Granted 6/8/17 Variance request: Stair location for access to apartment EXISTING HOME FAMILY ROOM ADDITION APARTMENT GARAGE NEW DECK SETBACK VARIANCE REQUEST GRANTED 6/8/17 Agenda Item 8 Item # 8 - Page 1 STAFF REPORT July 13, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170026 PROJECT DESCRIPTION Address: 305 N. Shields Street Petitioner/Owner: Mark Neubauer Zoning District: N-C-M Code Section: 4.8(E)(4)(a) and 4.8(D)(2)(a)2. and 4.8(E)(5) and 3.8.17(A)(2)(c) Project Description: The variance request is to for a 1,782 square foot addition to the existing single family dwelling. This request requires three variances: 1). to allow a 3' 6" side setback. The required setback is 11 feet for a structure with an eave height of 19' 2" abutting a property with a 1-story building. 2). to allow the structure to increase the allowable floor area for the lot an additional 47 square feet. The allowable floor area is 3,575 square feet. 3). to allow the building height to increase an additional 3' 1". The maximum building height is 25' 4" COMMENTS: 1. Background: The property was annexed into the City in 1954 as part of the Northwest consolidated annexation. Prior to annexation the property was platted in 1922 in the Mountain View Addition subdivision. A building was construction approximately in 1940. It is unknown the number of changes that occurred from the initial construction. In the N-C-M the allowable height of a building is 2 stories. The measurement of a residential story is 12’ 8”, making the maximum height of single family house 25’ 4”. In 2013 the Land Use Code was updated. This update did include an 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 approval of an additional 47 sf of allowable floor area and finds: • The variance is not detrimental to the public good. • 47 sf is 1.3% of the allowable 3,575 sf. 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. Further staff recommends denial for an encroachment into the side setback and an increase to the allowable building height and finds: • The request is detrimental to the public good. • 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. Agenda Item 8 Item # 8 - Page 2 • 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 for 1 out of 3 requests of APPEAL # ZBA1700026. Mark Neubauer 305 N. Shields St Fort Collins, CO 80521 City of Fort Collins The Zoning Board of Appeals 300 LaPorte Avenue Fort Collins, CO 80521 June 12, 2017 RE: Requesting Variance To whom it may concern: My name is Mark Neubauer and I’m fortunate enough to own the property located at 305 N. Shields as well as a couple of other properties in Fort Collins. I have expended a large amount of my time, energy and finances in an effort to beautify the properties and in turn I hope my community as well. I have every intent of doing the same with this property. There is an existing structure the same distance from the property line that we are trying to match with this addition. We are attempting to create cohesion by matching the existing conditions. In this scenario the entire north elevation will be updated to match the new construction creating a much nicer view for the properties to the north. The height of the new structure is slightly over the current acceptable limit however we feel it provides the best overall appearance for the project. It allows the new roof line to tie to and continue at the same slopes as the existing. There are many existing old growth trees that create much more shading than this addition will. There is also an apartment building set all the way to the north portion of the parcel that adjoins the entire north property line of 305 N. Shields, meaning the building and a large portion of their lawn will not be shaded. I have also attached photos of my other properties in effort to show you what kind of work that I do and how I can make this property look amazing as well if I’m given this wonderful opportunity. Thank you, Mark Neubauer Other property owned by Applicant LIVING ROOM KITCHEN BEDROOM BATH CLST 12' x 8'-10" 9'-8 x 10' Linen 3' x 5' Shwr ReFrig 16'-6" DECK 15' 7" x 10' LOFT ABOVE 3'-6" 3'-6" 5'-0" 3'-0" 25'-0" 2'-2" 2'-8" egress 16'-6" 3'-6" 8 R 1 R 1 R 7 R 1 R 1 R 8 R Garage slab to main floor:58.5" 20'-0"