HomeMy WebLinkAbout05/12/2016 - Zoning Board Of Appeals - Agenda - Regular MeetingHeidi Shuff, Chair
Daphne Bear, Vice Chair
Bob Long
John McCoy
Ralph Shields
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
MAY 12, 2016
8:30 AM
• CALL TO ORDER and ROLL CALL
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA160006
Address: 903 Stover Street
Owners: Kurt Reschenberg & Tia Molander
Petitioner: Dick Anderson, Architect
Zoning District: N-C-M
Code Section: 4.8(E)(3)
Project Description:
This variance was tabled from the April 14, 2016 ZBA meeting. The variance request is to allow a 287
square foot addition to the rear of the existing primary structure to encroach 1.5 feet into the required
5 foot side-yard setback. The existing structure encroaches 2 feet into the same side-yard setback.
2. APPEAL ZBA160009
Address: 224 N. Grant Avenue
Petitioner/Owner: Albert Baird
Zoning District: N-C-M
Code Section: 4.8(D)(3) and 4.8(D)(5)
Project Description:
The variance request is to allow a 384 square foot addition to an accessory building. An accessory
building is limited to 600 square feet and the existing accessory building is 960 square feet.
Additionally, in the rear half of the lot, the maximum allowable square footage is 1306 square feet.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 May 12, 2016
With the proposed addition, the square footage would total 1344 square feet; exceeding the
maximum allowable by 38 square feet.
3. APPEAL ZBA160010 - Address: 1608 Mathews Street - WITHDRAWN
4. APPEAL ZBA160011
Address: 300 W. Oak Street
Petitioner: Schlosser Signs, Inc.
Zoning District: D (Downtown District)
Code Section: 3.8.7(G)(1), 3.8.7(G)(12), 3.8.7(M)4)(d), 3.8.7(M)(4)(h)
3.8.7(D)(6), 3.8.7(D)(5), and 3.8.7(I)
Project Description:
The request is to replace all the existing Electronic Message Centers on the Property. This request
will require the following variances: (1) Allow a freestanding sign on the west side 11.75' in height to
be setback 0' from the property line; freestanding signs over 10' in height are required to be setback
10'; (2) Allow a freestanding sign setback 0' feet to have 29sf of sign area per face; the maximum
allowed sign area per face at a 0' setback is 20sf; (3) Allow a freestanding sign on the west side to
have 72% of free air space; the maximum free air space is 30%; (4) Allow 2 Electronic Message
Center signs to be 100% of the sign area; Electronic Message Centers are limited to 50% of sign
area; (5) Allow 2 Electronic Message Center signs to face the same street; only 1 Electronic Message
Center may face an abutting street; (6) Allow the square footage of signage on the south side to be
499.01sf.; only 400sf. is allowed on the south side; (7) Allow the total square footage for the property
to be 1150.54sf.; only 970sf. is allowed on the total property. (8) Allow a Flush Wall sign to be 9.25’ in
height’ the maximum height allowed is 7’.
5. APPEAL ZBA160012
Address: 4725 Venturi Lane
Petitioner/Owner: Cory Beal
Zoning District: U-E
Code Section: 4.2(D)(2)(d)
Project Description:
The variance request would allow an addition to the garage to encroach 8 feet into the required 20
feet side-yard setback.
6. APPEAL ZBA160013
Address: 1121 Maple Street
Petitioner/Owner: Elliot Dale
Zoning District: L-M-N
Code Section: 3.5.2(E)(3) and 3.8.19(A)(6)
Project Description:
The variance request would allow a new detached garage to be built 5 feet into the required 8 feet
rear-yard setback, leaving a 3 foot setback from the structure to the property line. Additionally, the
variance request would allow the eave to setback 2 feet from the property; the permitted setback
distance for the eave is 5.5 feet.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 2
Item # 2 - Page 1
STAFF REPORT May 12, 2016
STAFF
Ali van Deutekom, Zoning Inspector
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA160009
PROJECT DESCRIPTION
Address: 224 N. Grant Avenue
Petitioner/Owner: Albert Baird
Zoning District: N-C-M
Code Section: 4.8(D)(3) and 4.8(D)(5)
Variance Request:
The variance request is to allow a 384 sf addition to an accessory building. An accessory building is limited to
600 sf and the existing accessory building is 960 sf. Additionally, in the rear half of the lot, the maximum
allowable square footage is 1306 sf. With the proposed addition, the square footage would total 1344 sf;
exceeding the maximum allowable by 38 square feet.
RECOMMENDATION:
Staff recommends approval of an addition to the detached garage with the condition that it does not exceed the
allowable floor area in the rear half of the lot.
STAFF COMMENTS:
1. Background:
The property was annexed into the City as part of the West Side Addition in 1887. The primary structure
was built in 1951 and the garage was built in 1987. The garage was permitted for 960 sf in 1987 prior to
Land Use Code changes restricting the size of accessory structure.
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 addition to the existing detached accessory
structure with the condition it does not exceed the allowable floor area in the rear of half of the lot and finds:
• The variance request is not detrimental to the public good
• More than 1 accessory building can be built on a lot
• There is not a setback distance from accessory building on a lot
Therefore, the variance request meets the standard of the code equally well has plan that would comply the
standard, provided the allowable floor area does not exceed the maximum floor area on the rear half of the
lot.
4. Recommendation:
Staff recommends approval of APPEAL# ZBA160009 with the condition that the addition does not exceed
the allowable floor area on the rear half of the lot.
Application Request
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7'-7"
5"
8'-0"
6'-0"
24'-0"
14'-10" 9'-2"
16'-0"
7'-1"
5'-4"
8'-0"
2'-6"
24'-0"
8"
3'-2"
5'-0"
3'-0"
6'-8"
2'-6" 8'-0"
11 1/4"
4"
ALBERT BAIRD
RESIDENCE
SCALE 1
8"= 1'
GARAGE EXPANSION
224 N. GRANT AVE.
FORT COLLINS CO 80521
SCALE 3
4"=1'
GARAGE EXPANSION 384 SQ. FEET
FLOOR PLAN
FRONT VIEW
WALL SECTION AND FOUNDATION
MARCH-11-2016
DRAWN BY
ALBERT BAIRD
EXISTING GARAGE
NEW ADDITION
384 SQ. FT
Existing 24' x 40' Garage
new 16' x 24 garage addition
CONSTRUCTION NOTES:
1 2X4WOODFRAMING8'HIGHWITH
1
2" OSB SHEATHING
WITH TREATED WOOD BOTTOM PLATE WITH 1
2" X 8" ANCHOR BOLTS 4' ON CENTER
EMBEDDED IN NEW CONCRETE
1
1
1
1
WITH 2 X 4 WOOD FRAMING 9' HIGH WITH 2'
ENGINEERED WOOD TRUSSES 24' LONG 2' ON CENTER
WITH2X4WOODFRAMING9'HIGHWITH2'
ENGINEERED WOOD TRUSSES 24' LONG 2' ON CENTER
2
2
2
2
Agenda Item 4
Item # 4 - Page 1
STAFF REPORT May 12, 2016
STAFF
Ali van Deutekom, Zoning Inspector
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA160011
PROJECT DESCRIPTION
Address: 300 W. Oak Street
Petitioner: Schlosser Signs, Inc.
Zoning District: D (Downtown District)
Code Section: 3.8.7(G)(1), 3.8.7(G)(12), 3.8.7(M)4)(d), 3.8.7(M)(4)(h),
3.8.7(D)(6), 3.8.7(D)(5), and 3.8.7(I)
Variance Request:
The request is to replace all the existing Electronic Message Centers on the Property. This request will require
the following variances:
• (1) Allow a freestanding sign on the west side 11.75' in height to be setback 0' from the property line;
freestanding signs over 10' in height are required to be setback 10';
• (2) Allow a freestanding sign setback 0' feet to have 29sf of sign area per face; the maximum allowed
sign area per face at a 0' setback is 20sf;
• (3) Allow a freestanding sign on the west side to have 72% of free air space; the maximum free air
space is 30%;
• (4) Allow 2 Electronic Message Center signs to be 100% of the sign area; Electronic Message Centers
are limited to 50% of sign area;
• (5) Allow 2 Electronic Message Center signs to face the same street; only 1 Electronic Message Center
may face an abutting street;
• (6) Allow the square footage of signage on the south side to be 499.01sf; only 400sf is allowed on the
south side;
• (7) Allow the total square footage for the property to be 1150.54sf; only 970sf is allowed on the total
property;
• (8) Allow 2 flush wall signs to exceed 7ft in height.
RECOMMENDATION:
Staff recommends approval of the following variance requests with the conditions that the Electronic Message
Centers on the building only display the time, date and temperature and do not exceed 7ft in height:
• Allow 2 Electronic Message Center signs to face the same street
• Allow the square footage of signage on the south side to be 499.01, exceeding the maximum 400sf
• Allow the square footage of signage for the property to be 1150.54sf. exceeding the maximum 970sf
• Allow 2 Electronic Message Center signs to be 100% of the sign area
Staff further recommends denial of the following variance requests:
• Allow a freestanding sign on the west side to exceed the height limits for a 0’ setback from the property
line.
• Allow a freestanding sign setback 0’ to exceed the minimum square footage of sign allowance per face
• Allow a freestanding sign to exceed the maximum allowed free air space
• Allow a Flush-wall sign to exceed 7ft in height.
Agenda Item 4
Item # 4 - Page 2
STAFF COMMENTS:
1. Background:
This property was developed approximately in 1970. The Electronic Message Center signs were permitted
through the City at the same time. At that time the sign regulations were different. Current sign regulations
limits have made the existing signs Non-conforming.
Further, there has been some confusion about the total sign allowance. The property has at least two
different addresses. This has led to the allowance of an increased sign area above the maximum.
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 following variance request with the condition
that the Electronic Message Centers on the building only display the time, date and temperature:
• Allow 2 Electronic Message Center signs to face the same street.
• Allow the square footage of signage on the south side to be 499.01sf, exceeding the maximum 400sf.
• Allow the square footage of signage for the property to be 1150.54sf, exceeding the maximum 970sf.
• Allow 2 Electronic Message Center signs to be 100% of the sign area
Staff finds these 4 variance requests with the condition are:
♦ Not detrimental to the public good
♦ The existing Electronic Message Center signs have been displayed for 30 years
♦ The display is limited to time, date and temperature
♦ The vertical distance between the two Electronic Message Centers facing the same street is
approximately 100ft
Therefore, these variance requests 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
Staff further recommends denial of the following variance requests:
• Allow a freestanding sign on the west side to exceed height limits for a 0’ setback from the property line
• Allow a freestanding sign setback 0’ to exceed the minimum square footage of sign allowance per face
• Allow a freestanding sign to exceed the maximum allowed free air space
• Allow a flush-wall sign to exceed 7ft in height.
Staff concludes that there is insufficient evidence to approve the requests for these 5 variances and
finds the request would be detrimental to the public good.
4. Recommendation:
Staff recommends approval of 4 of the requests and denial of 4 of the requests of APPEAL# ZBA160011.
To Whom It May Concern:
It is our intent to ask the City of Fort Collins Zoning Board of Appeals, to allow Key
Bank to retro fit the EMC time and temperature units located on and around the building
at 300 West Oak St, to LED. These displays will not advertise any business or product;
only display the time and temperature to the citizens of Fort Collins. We are asking the
board to consider a variance to the current code section (M), to not deem these as signs.
The existing time and temperature units are currently not listed on the Sign Survey
Report supplied to us by the City of Fort Collins. According to the survey the sign
allowance is, at this time, over 102.29 sq ft. for signage.
The existing larger units are 226.62 sq ft per unit, and are displayed on the North and
South Elevations near the top of the building. The smaller units are 13.09 sq ft per unit
and are displayed on the lower “awning type” entrance way facing Oak (South) and
Howes (East). The proposed retro fit will be a like for like change to what already exists.
We are not proposing an increase in size, nor a change of location. The LED units are
state of the art and use very little energy to power them. Platte River Power Authority
(PRPA) has already approved a substantial energy rebate for this project.
The representatives of Key Bank feel that these Time and Temp units on the building
have become a landmark for the residents of Fort Collins. We feel that these proposed
EMC cabinets will affect the current code in an inconsequential way. These units will
not display any advertisement, only the time and the temperature. These units have been
a part of Fort Collins since the 1970’s; the retro fit will only improve what is currently
there.
Sincerely,
Nicole Vatrano
Schlosser Signs, Inc.
3597 Draft Horse Ct
Loveland, Co 80538
970-593-1334
Nicole M Vatrano
Existing Time &
Temp cabinets
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT May 12, 2016
STAFF
Ali van Deutekom, Zoning Inspector
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA160012
PROJECT DESCRIPTION
Address: 4725 Venturi Lane
Petitioner/Owner: Cory Beal
Zoning District: U-E
Code Section: 4.2(D)(2)(d)
Variance Request:
The variance request would allow an addition to the garage to encroach 8ft into the required 20ft side-yard
setback.
RECOMMENDATION:
Staff recommends approval of the request to allow an addition to the garage to encroach 8ft into the required
20ft side-yard setback.
STAFF COMMENTS:
1. Background:
This property was platted in the County in 1968. The house was built approximately in 1971 and permitted
by the County. This subdivision was not annexed into the City until 2008.
Upon the annexation this subdivision was Zoned U-E. The U-E setbacks are different than the setbacks
that were allowed by the County. There are other non-conforming structures in this subdivision.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval to allow an 8ft encroachment and finds:
• Setback standards have changed upon annexation into the City of Fort Collins
• The lot size is approximately 270sf less than the minimum lot size for the U-E zone district
• Other buildings in the subdivision are at a 10ft side-setback or less
Therefore, these variance requests 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# ZBA160012
Agenda Item 6
Item # 6 - Page 1
STAFF REPORT May 12, 2016
STAFF
Ali van Deutekom, Zoning Inspector
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA160013
PROJECT DESCRIPTION
Address: 1121 Maple Street
Petitioner: Elliot Dale
Zoning District: L-M-N
Code Section: 3.5.2(E)(3) and 3.8.19(A)(6)
Variance Request:
The variance request would allow a new detached garage to be built 5 feet into the required 8 feet rear-yard
setback, leaving a 3 foot setback from the structure to the property line. Additionally, the variance request would
allow the eave to setback 2 feet from the property; the permitted setback distance for the eave is 5.5 feet.
RECOMMENDATION:
Staff recommends approval of a 5ft encroachment into the rear-yard setback and to allow the eave to be 2ft
from the property line.
STAFF COMMENTS:
1. Background:
The property is zoned L-M-N, which requires an 8ft rear setback. This setback is for residential structures
that are not a multi-family residential. The opposite side of rear property line is shared by a multi-family
dwelling.
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 5ft encroachment of a new detached accessory
structure and eave setback of 2ft and finds:
• The rear property line is shared by a multi-family dwelling use that has a drive aisle abutting the
property line.
• The other properties along Maple have structures that are encroaching into their rear-yard setback.
• The proposed structure is not over the allowed square footage for an accessory building
Therefore, these variance requests 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# ZBA160013
Application Request
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This application 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.
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Justification(s) Representative’s Phone #
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Reasoning
Date ___________________________________ Signature __________________________________________
If not enough room,
additional written
information may
be submitted
1121 Maple St
80521
Elliot Dale
LMN
We are seeking a reduced set back of 3 feet on the south side of our lot for the construction of a
new, detached garage. Due to the shallowness of our lot, the garage protrudes unnecessarily
forward, causing difficulty for 2 cars to use the driveway. Additionally, the south side of our lot
borders a driveway/parking lot which is used most similarly to an alley-way. Our proposed set
back is nominal and inconsequential to the neighborhood given the context of this current use.
4/15/2016
1. Hardship
3. Nominal and inconsequential
Additional Justification
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3
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UNDERGROUND PVC PLUMBING TO PLUMBING CODE
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NEW ENGINEERED 24' WOOD TRUSSES TOP PLATE TO
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OSB SHEATHING
7
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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
224 and 2241/2 N. Grant ave Albert R. Baird
80521 224 1/2 N. Grant ave
Albert R. Baird 9760-567-0228
11 bairdbuilders@frii.com
NCM- Neighborhood conservation medium
I need to add to my garage because the need for more space , i have 3- cars in the garage
including 224 n. grant tenants, and a pop up camper and i need more space for my personal
workshop i spend a lot of my time in my shop working
March-27-2016
2. Equal to or better than
2. Equal to or better than
2. Equal to or better than