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Home My WebLink About10/12/2017 - 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 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 • ADJOURNMENT ZONING BOARD OF APPEALS AGENDA Agenda Item 1 STAFF REPORT October 12, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170028 PROJECT DESCRIPTION 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: The variance request is 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. COMMENTS: 1. Background: This property was annexed into the City of Fort Collins in 1925. The original structure was built approximately in 1948. The house originally included a carport. This carport was filled in to create additional habitable space. 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 encroachment is 51% (36’ of the 70’) length of the side lot line. • Portions of the structure extend to the property line. 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 sufficiently 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 # ZBA1700028. Item # 1 - Page 1 $SSOLFDWLRQ5HTXHVW IRU9DULDQFHIURPWKH/DQG8VH&RGH 7KH=RQLQJ%RDUGRI$SSHDOVKDVEHHQJUDQWHGWKHDXWKRULW\WRDSSURYHYDULDQFHVIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGZRXOGQRWEHGHWULPHQWDOWRWKHSXEOLFJRRG$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV 400 Scott 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: NEIGHBORHOOD CONSERVATION - LOW DENSITY DISTRICT (NCL) 9710424011 Agenda Item 2 STAFF REPORT October 12, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA170029 PROJECT DESCRIPTION Address: 1000 E. Lincoln Avenue Owner: Stor-Mor Self Storage Petitioner: 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. COMMENTS: 1. Background: This property was annexed into the City of Fort Collins in 1974. The original structures were built approximately in 1975. The property abuts East Lincoln Avenue. 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 driveway entrance and eliminated the location of previous sign. 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 similar sized sign existed prior to the right-of-way expansion. • After the public right-of-way expansion, there are limited locations a sign could be placed without impacts to the existing driveway. 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 # ZBA1700029. 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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