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Home My WebLink About10/12/2017 - 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: 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 OCTOBER 12, 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 ZBA170028 Address: 400 Scott Avenue Petitioner/Owner: David Tanenbaum Zoning District: N-C-L Code Section: 3.8.19(A)(6) and 4.7(E)(4) Project Description: This is a variance request to allow an attached carport to be constructed 4 feet into the required 5 feet side-yard setback and also to allow the eave to extend to the property line. The required setback for an eave is 3.5 feet. 2. APPEAL ZBA170029 Address: 1000 E. Lincoln Avenue Owner: Stor-Mor Self Storage Petitioner/Owner: DaVinci Sign Systems Zoning District: I (Industrial) Code Section: 3.8.7.1(G) Project Description: The variance request is to allow for a ground sign setback to be reduced from the required 15 feet setback to a 7.67 feet setback. • OTHER BUSINESS •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cott Avenue Fort Collins, CO 80521 August 30, 2017 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Request for 400 Scott Ave. To Whom It May Concern: Earlier this summer we met with a representative from the Historic Preservation Division. We were told that our project is eligible to participate in the Design Assistance Program (DAP), and that funding was available. Based on our preliminary design, it was recommended that we reach out to the Zoning Board first to seek a variance before expending city funds. It is our understanding that once a variance is granted, we can work concurrently with the Zoning Board and Historic Preservation Division to ensure that any concerns from both departments are met. We are requesting a variance from the side setback regulations on the south side of the lot containing 400 Scott Avenue in order to allow the construction of a car port. Our request is due to the hardship imposed by strict application of the regulations, and the nominal and inconsequential divergence from the land use standards that will result from the variance. Attached is our application. Please note that the design is preliminary, pending our participation in the DAP, and recommendations are appreciated. Hardship We request a variance from the side setback required under Code section 4.7(E)(4) in order to allow the construction of a one-car carport on the south side of our property at 400 Scott Ave. This variance would reduce the setback to approximately 1 foot. Currently, the property does not have any covered parking and, as a result, our car is exposed to the elements year-round. We are required to park outside on the driveway adjacent to the proposed carport, and clear our car of snow during the winter. Unloading packages and groceries in inclement weather has been inconvenient and the recent hail storms have caused damage to our vehicle. Virtually all of the neighboring properties have garages and/or carports. The most logical location for a covered parking area is on the south-facing side of our house, at the end of the existing driveway. However, because the position of our home is disproportionately located on the southern half of the lot, we cannot build a carport without the variance. (See attached plat). Locating the carport elsewhere on the lot would require substantial additional construction, the removal of mature trees and fencing, as well as the demolition and reconstruction of the sidewalk and a curb cut. Nominal and inconsequential The original property included a carport close to where we propose building (see photo). That carport was closed off and made into a bedroom many years ago, however the original layout of the driveway was modified to run alongside the building, encouraging use of the space for a vehicle. We believe that locating the carport in that space would be in keeping with the original look and feel of our home. Moreover, the neighborhood includes several homes with visible carports on the sides of their homes, and therefore would be in keeping with the look and feel of the community. The lot is a corner lot with trees and greenspace along Scott Ave and Magnolia Ave, which would be preserved by approving the variance and allowing the construction of the carport in that location. The variance is nominal and inconsequential as it is a corner lot and would not be intrusive to the adjacent property. The property line is currently demarcated with a high fence. Sincerely, David Tanenbaum Jeannie Whitler Homeowners 400 SCOTT AVENUE - PRELIMINARY DESIGN – CARPORT SCALE DATE DRAWN BY ADDRESS Parcel No FILE NO. 1"=20' 08-01-2016 JW 400 Scott Avenue, Fort Collins, CO 80521 PROPERTY DESCRIPTION: W 70 FT of lots 10 and 11, BLK 11; Subdivision#: 1164 - SCOTT SHERWOOD, in the City of Fort Collins, County of Larimer, State of Colorado. Zoning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¶V5HSUHVHQWDWLYHPXVWEHSUHVHQWDWWKHPHHWLQJ /RFDWLRQ/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 'DWH 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 400 Scott Ave n/a n/a 80521 same David Tanenbaum/Deborah Whitle 970-218-3158 4.7(E)(4) david.tanenbaum@gmail.com NCL n/a n/a n/a n/a We are requesting a variance from the side setback regulations on the south side of the lot containing 400 Scott Ave. in order to allow the construction of a car port. We request the variance due to the hardship imposed by strict application of the regulations, and the nominal and inconsequential divergence from the land use standards that will result from the variance. Please see attached for further explanation. 8 August 2017 1. Hardship 3. Nominal and inconsequential Additional Justification