HomeMy WebLinkAbout01/11/2018 - 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
JANUARY 11, 2018
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 variance request was heard at the October 2017 meeting and was tabled. The applicant has
revised the proposal to reduce the setback encroachment. The revised request is to allow an
attached carport to be constructed 2.5 feet into the required 5 feet side-yard setback and also to allow
the eave to setback 1.5 feet from the property line. The required setback for an eave is 2.5 feet.
2. APPEAL ZBA170033
Address: 103 Frey Avenue
Owners: Deon and Cynthia Lategan
Petitioner: Down Zankey Construction
Zoning District: N-C-L
Code Section: 4.7(E) and 4.7(D)(3)
Project Description:
This variance request is for an addition to an existing home. This addition is proposed to encroach 4
feet into the required 15 feet rear-yard setback to align with the existing house. Further, the addition
adds 82 square foot to the rear-half of the lot. The existing house already exceeds the allowable floor
area in the rear-half by 359 square feet.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 January 11, 2018
3. APPEAL ZBA170034
Address: 602 E. Elizabeth Street
Owners: Eric and Nanette Young
Petitioner: High Craft Builders
Zoning District: N-C-L
Code Section: 4.8(E)(4)
Project Description:
This is a variance request for a pergola attached to the rear of the home to encroach 1 foot 3 inches
into the required 15 feet side (corner) setback. The existing home is nonconforming and sits
approximately 13 feet 9 inches from the property line resulting in a 1 foot 3 inches encroachment into
the required setback.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT January 11, 2018
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:
This variance request was heard at the October 2017 meeting and was tabled. The applicant has revised the
proposal to reduce the setback encroachment. The revised request is to allow an attached carport to be
constructed 2.5 feet into the required 5 feet side-yard setback and also to allow the eave to setback 1.5 feet
from the property line. The required setback for an eave is 2.5 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 approval with the condition that the structure remains open on
three sides and finds:
The request is not detrimental to the public good.
With the condition, the structure will remain open creating less of an impact visually and structurally.
The eave is setback from the property reducing runoff onto the adjoining property.
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 # ZBA1700028.
400 Scott Avenue
Fort Collins, CO 80521
December 5, 2017
City of Fort Collins
Zoning Board of Appeals
281 N. College Avenue
Fort Collins, CO 80524
RE: Variance Request for 400 Scott Ave., Supplemental and Revised Information
To Whom It May Concern:
Please consider the following amended variance request for the property located at 400 Scott Ave.
Background:
On October 12, 2017, I attended a hearing before the Zoning Board of Appeals (the “Board”) regarding
our request for a variance to the side setback requirements under Code section 4.7(E)(4) in order to
construct a carport. The original variance request sought a reduction in the setback to approximately 1
foot, with the roof eave extending to the property line. At the hearing, the Board acknowledged the
reasoning for the request, but expressed concerns over the limited side setback and the intrusion that
the eave may impose on the neighboring property, in particular concerning snow and rain runoff. The
Board suggested that while such a limited setback may be rejected, an increased setback and more
appropriate placement of the eave would be more likely to receive a variance. We agreed to table the
variance request until a later date following submission of a revised request which addressed the
Board’s concerns.
Revised Request:
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 carport. In order to address the concerns
raised by the Board we have revised the plan in consultation with our architect. This variance would
reduce the side setback to approximately 2.5 feet, with the roof edge extending no closer than 1.5 feet
from the property line. It is our hope that this revision will satisfy the Board’s concerns. This would
permit an 11.0-foot-wide carport to be built on the south side of the property, while ensuring that rain
and snow runoff remained completely within the property. Our architect has advised that this is the
minimum practical width for a carport.
We are attaching a revised plat showing the placement of the carport and proposed setbacks, as well as
a preliminary drawing. (Please note that the design is preliminary, pending our participation in the City’s
Design Assistance Program).
Justification:
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 2.5 feet. 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
Agenda Item 2
Item # 2 - Page 1
STAFF REPORT January 11, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA170033
PROJECT DESCRIPTION
Address: 103 Frey Avenue
Owners: Deon and Cynthia Lategan
Petitioner: Down Zankey Construction
Zoning District: N-C-L
Code Section: 4.7(E) and 4.7(D)(3)
Project Description:
This is a variance request for an addition to an existing home. This addition is proposed to encroach 4 feet into
the required 15 feet rear-yard setback to align with the existing house. Further, the addition adds 82 square foot
to the rear-half of the lot. The existing house already exceeds the allowable floor area in the rear-half by 359
square feet.
COMMENTS:
1. Background:
The original structure was built approximately in 1900. The property was subdivided from the original platted
lot. The original platted lot extended from the alley on the north to W. Mountain Ave on the south. The
subdivision resulted in two lots. When the home on north lot was built in 1900, it was oriented to Frey street.
Presently the lot is zoned N-C-L. This zone district requires minimum lot sizes of 6,000 square feet lots.
The lot size is legally nonconforming.
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 request is not detrimental to the public good.
• The shape of the lot is a rectangle, with the long side oriented to the street resulting in a shallow lot.
• An additional 82 square feet is still incompliance with the allowable floor area for the entire lot.
• Portions of the primary house and the garage encroach further into the rear setback.
• The 4’ encroachment is extending 6’2” along the 90’ rear 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 # ZBA1700033.
Lategan – 103 Frey Ave.
We are requesting a zoning variance for our house at 103 Frey Ave. We purchased the
house in its current condition in 2013 as a rental. Our plan is to renovate it and live there
into our retirement. We have hired an architect; it is our intention to do an extensive
renovation to the interior to make the house ADA friendly with space to maneuver a
walker/wheelchair in the future, both inside and outside. To make these changes possible
we are requesting a bump out to slightly expand the living space by 82 sq. ft. into the
existing breezeway between the garage and the house. Our lot is unusually small, very
shallow but wide; the size of the lot is creating a hardship for us to be able redesign the
interior to create the much-needed circulation space and function. It’s a small house,
<1200 sq.ft. modification of the current footprint is requested to meet our needs into
retirement. We believe the addition is minor, the modifications will enhance the exterior
of the house; compliment the Frey neighborhood while providing an updated functional
house for years to come.
Sincerely,
Deon and Cynthia Lategan
N
EXISTING 1,126 sf
LIVING AREA
PROPOSED
13'-4"x6'-2"
82 sf BUMP OUT
EXISTING 592 sf
GARAGE
WOOD DECK
WITH ARBOR
CONCRETE DRIVE
CONCRETE PORCH
PROPERTY LINE
SETBACK LINE
ZONED N-C-L
TOTAL LOT Sq Ft 4500
ALLOWABLE Sq Ft (40%) 1800
EXISTING Sq Ft 1718
PROPOSED NEW Sq Ft 82
90.00'
50.00'
50.00'
90.00'
4
A
4
A
4
A
4
A
FREY AVENUE
ALLEY
PAGE 1
OF 4
PLOT PLAN
SCALE 1/8"=1'0"
#1
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#1
Agenda Item 3
Item # 3 - Page 1
STAFF REPORT January 11, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA170034
PROJECT DESCRIPTION
Address: 602 E. Elizabeth Street
Petitioner/Owner: Eric and Nanette Young
Petitioner: HighCraft Builders
Zoning District: N-C-L
Code Section: 4.8(E)(4)
Project Description:
This is a variance request for a pergola attached to the rear of the home to encroach 1'-3" into the required 15'
side (corner) setback. The existing home is nonconforming and sits approximately 13'-9" from the property line
resulting in a 1'-3" encroachment into the required setback.
COMMENTS:
1. Background:
The original structure was built approximately in 1920. The house setback is nonconforming along Smith
Street.
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 request is not detrimental to the public good.
• The pergola is an open structure with less visual impact.
• The pergola will not extend past the existing house.
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 # ZBA1700034.
Marcha Hill
From: Noah Beals
Sent: Friday, January 05, 2018 3:46 PM
To: Mindee Metz
Cc: Derek Metz; Marcha Hill
Subject: RE: Appeal #ZBA170034, 602 E. Elizabeth Street
Hello Mindee and Derek,
Thank you for your comments, we will forward them onto the Zoning Board of Appeals.
Regards,
Noah Beals
Senior City Planner-Zoning
City of Fort Collins
970 416-2313
970 224-6134 Fax
From: Mindee Metz [mailto:mindee.metz@gmail.com]
Sent: Friday, January 05, 2018 3:36 PM
To: Noah Beals <nbeals@fcgov.com>
Cc: Derek Metz <derek.metz@gmail.com>
Subject: Appeal #ZBA170034, 602 E. Elizabeth Street
Hi Noah,
We live at 530 E. Elizabeth Street, just west across Smith Street from Eric and Nanette Young's request for Zoning Code
modification.
We will be unable to attend the January 11 appeal hearing but wish to voice our support of this modification. We take
great pride in our Eastside neighborhood and support residents' efforts to improve their homes. Additionally, we see no
adverse outcomes to this minor variance.
Best,
Mindee & Derek Metz
970.420.0299
12'-11"±
602 EAST ELIZABETH STREET
EXISTING 2-STORY RESIDENCE
DEMOLISH EXISTING GARAGE + SHED
12'-0"
44'-2"±
ACTUAL REAR SETBACK
62'-9"±
SMITH STREET
ELIZABETH STREET
ALLEY
6'-6" MIN. SIDE
5'-0"
ACTUAL GARAGE SETBACK
36'-7"±
(N) GARAGE
592 SQ. FT.
(N) 1 STORY
ADDITION
158 SQ. FT.
(N) STAMPED CONCRETE DRIVEWAY AND
WALK
2400 SQ. FT. ±
STAIN (E) CONCRETE PORCH
AND STAIR
(N) FENCE (MATERIAL TBD)
5' REQ'D REAR SETBACK
15' REQ'D FRONT SETBACK
15' REQ'D CORNER SETBACK
5' REQ'D SIDE SETBACK
X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
NEW FENCE AT PROPERTY LINE BY OTHERS
DEMOLISH EXIST. FENCE
(N) CONCRETE PORCH
X X
AREA OF GARAGE WITH ≤ 7'-6" CEILING
HEIGHT: 85 SQ. FT.
AREA OF GARAGE WITH > 7'-6" CEILING
HEIGHT: 507 SQ. FT.
(N) FENCE WITH LOCKING GATE
(E) FENCE
)768%)/225
)73/$7(
7)1'
)768%)/225
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&2175$&725,1)250$7,21
+,*+&5$)7%8,/'(56 6287++2:(6675((7)257&2//,16&2
3/16" = 1'-0"
WEST ELEVATION - VIEW FROM SMITH STREET
)768%)/225
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3/16" = 1'-0"
NORTH ELEVATION - VIEW FROM ALLEY
352-(&7,1)250$7,21
352-(&7$''5(66 ($67(/,=$%(7+675((7)257&2//,16&2
&2175$&725,1)250$7,21
+,*+&5$)7%8,/'(56 6287++2:(6675((7)257&2//,16&2
PRESERVE EXISTING MASONRY BLOCK
WALL EXCEPT WHERE REQUIRED TO
CONSTRUCT NEW GARAGE
ACTUAL SIDE SETBACK
DEMOLISH & REPAIR (E) CONC. CURBS AS
REQ'D
EXISTING NON-CONFORMING
SIDE SETBACK
SETBACK PER
HOMEOWNERS
ACTUAL
SIDE SETBACK
NEW EXPOSED AGGREGATE
LANDING & GRADE-LEVEL
PATIO
460 SQ.FT. ±
NEW LOW PLANTER BED
X
X
X
X
X
X
14'-0"±
1" = 30'-0"
SITE PLAN
97132-36-021
1920
NCL
10503
10503 x 0.3 = 3151
1711 (1F) + 676 (2F) = 2387 TOTAL
158 (1F) + 0 (2F) = 158 TOTAL
2387 (E) + 158 (N) = 2545 TOTAL
810 (NO CHANGE)
0 (NO CHANGE)
(10503/2) x 0.25 = 1313
576
576
507
85
423 (1F) + 54 (2F) = 477
477 (E) + 158 (N) = 635 TOTAL
500 (250 FOR LOT >6000 IN NCL + FIRST 250
OF ACCESSORY BUILDING EXCLUDED WHEN
MORE THAN 10' BEHIND STREET FRONTING
BUILDING)
635 (HOUSE) + 507 (GARAGE) - 500
(ACCESSORY BONUS) = 1142
2387
92 (NEW PATIO) + 344 (ADDITIONAL PAVED
PATIO AND WALK) + 691 (CONVERT (E)
GRAVEL DRIVEWAY TO CONCRETE) = 1127
APN:
YEAR BUILT:
ZONE:
LOT AREA:
ALLOWABLE FLOOR AREA:
(E) HOUSE AREA:
AREA OF ADDITION:
PROPOSED HOUSE AREA:
(E) BASEMENT AREA:
(E) BASEMENT FINISHED:
ALLOWABLE FLOOR AREA (REAR 50%)
(E) GARAGE + SHED AREA:
(D) GARAGE + SHED AREA:
(N) GARAGE AREA (>7'-6" CLG. HT.):
(N) GARAGE AREA (≤7'-6" CLG. HT.):
(E) HOUSE AREA IN REAR 50%:
(N) HOUSE AREA IN REAR 50%:
ACCESSORY BONUS:
PROPOSED FLOOR AREA (REAR 50%):
AREA OF INTERIOR REMODEL:
ADD'L IMPERVIOUS COVERAGE:
ALL AREAS IN SQUARE FEET U.N.O.
PROJECT INFORMATION:
PROJECT ADDRESS: 602 EAST ELIZABETH STREET, FORT COLLINS, CO 80524
CONTRACTOR INFORMATION:
HIGHCRAFT BUILDERS, 429 SOUTH HOWES STREET, FORT COLLINS, CO 80521
SITE DATA:
2 +
2 +
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