HomeMy WebLinkAbout08/09/2018 - 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: Ken Summers
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
AUGUST 9, 2018
8:30 AM
• CALL TO ORDER and ROLL CALL
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA180025
Address: 810 W. Oak Street
Petitioner/Owner: Georgia Doyle
Zoning District: N-C-L
Code Section: 4.7(E)(4)
Project Description:
This variance request is for an existing garage that is being raised 14 inches. The existing location of
the garage encroaches 1.5 feet into the required 5-feet side-yard setback. The request is to raise the
garage and maintain a 1.5 feet encroachment.
2. APPEAL ZBA180027
Address: 618 Lesser Drive
Petitioner/Owner: Amy Cook
Zoning District: N-C-B
Code Section: 4.9(D)(6)(d) and 3.8.19
Project Description:
This variance request is to reconstruct a garage that burnt down several years ago. The new garage
is proposed to be within the same footprint as the old garage. The request is to encroach 2.5 feet into
the required 5-feet side-yard setback, encroach 5 feet into the required 15 feet rear-yard setback, and
the eave to extend past the permitted 2.5 feet into a setback.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 August 9, 2018
3. APPEAL ZBA180028
Address: 1250 Sycamore Street
Petitioner/Owner: Jonson Chatterley
Zoning District: N-C-L
Code Section: 4.7(D)(3)
Project Description:
This variance request is for a proposed addition to the house. The allowable floor area in the rear half
of the lot is 731 square feet. The request is for an additional 384 square feet for a total allowable floor
area in the rear-half to 1,115 square feet.
4. APPEAL ZBA180029
Address: 609 Juniper Lane
Owner: Nathaniel Banke
Petitioner: Mike Hull, OFMC Construction
Zoning District: R-L
Code Section: 4.4(D)(1)
Project Description:
This variance request is for a second story addition to an existing single-story house. In the Low
Density Residential (R-L) zone district, the allowable floor area for a 7,537 square feet lot is 2,512
square feet. The request is for an additional 289 square feet of allowable floor area.
5. APPEAL ZBA180030
Address: 103 Frey Avenue
Petitioner/Owner: Cynthia and Deon Lategan
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)1., 4.7(D)(3), 4.7(E)(2), 4.7(E)(3), 3.8.19
Project Description:
This variance request is for a second story addition to an existing 1-story house and requires the
following 5 variances:
1) The existing house encroaches into the required 15 feet rear-yard setback 4 feet and 5.5 feet; the
proposed addition would match the existing encroachment;
2) The existing house encroaches 3 feet into the required 15 feet front yard setback; the proposed
addition would extend the encroachment an additional 4 feet for a new front covered entry;
3) The lot is allowed 1,835 square feet of floor area for the entire lot; the proposed addition is
requesting an additional 284.4 square feet of floor area for a total of 2,120 square feet;
4) The lot is allowed 573 square feet of floor area in the rear half of the lot; the proposed addition is
requesting an additional 667 square feet of floor area for a total of 1,131 square feet;
5) The eaves on the west side of the building encroach over the permitted 2.5 feet from the building
setback.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT AUGUST 9, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180025
PROJECT DESCRIPTION
Address: 810 W. Oak Street
Petitioner/Owner: Georgia Doyle
Zoning District: N-C-L
Code Section: 4.7(E)(4)
Project Description:
This variance request is for an existing garage that is being raised 14 inches. The existing location of the garage
encroaches 1.5 feet into the required 5 feet side-yard setback. The request is to raise the garage and maintain a
1.5 feet encroachment.
COMMENTS:
1. Background:
This property was annexed into the City in 1887 and later platted in 1902 as part of the Loomis Addition
Block 290. The primary building was constructed in 1908. It is not exactly clear at what time the accessory
(garage) building was built but it has been in place for at least 50 years.
The current mapping of the City Floodplain places the property at risk of the 100-year flood. A small portion
of the front half of the property is in a moderate risk and the majority of the property is within high risk. The
garage location is within the high risk. This is a similar condition for entire block on both sides of the alley.
The alley has an increased risk as it is mapped to be in the floodway.
The applicant is seeking to reduce the impacts of a 100-year flood event by raising the structure. Raising the
structure does require compliance with the current setbacks. The side setback is 5-feet. The structure
currently encroaches 1.5 feet and the applicant is requesting to maintain this encroachment.
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 that:
• The request is not detrimental to the public good.
• The existing structure has been in this location for over 50 years.
• The additional height is 14 inches and is still in compliance with building height standards.
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 #ZBA180025.
Application Request
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Garage Repairs
22 June 2018
Property Owner Georgia Doyle (970) 237-0727 tuvunut@hotmail.com
Street Address 810 W Oak St, Fort Collins CO 80521
Project Description
The garage is located at a low point in the immediate neighborhood and is prone to flooding during
heavy rains. The storm on 22 May 2018 left 8” of water in the garage while the flood of 1997 flooded
to a depth of over 12”. This makes the building unusable as a garage.
The proposal is to raise the garage floor and foundation 14”. The bottom 3” of the garage structure is
rotten and will be cut off. The ridge of the building will increase 11” over its present elevation.
Historic Preservation
In addition to the 11” change in altitude and removing the bottom 3”, 4 flood vents will be added to the
exterior walls of the building. Otherwise the building will have no external modifications.
Zoning
According to the “Improvement Location Certificate” which was supplied when the property was
purchased, the garage is 3.5’ from the west property line, in violation of the 5’ sideyard setback for
NCL properties. It is desired to leave the garage in its present location and a variance is requested to
maintain the current 3.5’ setback.
Justification for the variance:
• The garage has been in its present location for well over 50 years.
• A survey found that over 80% of the nearby garages are clearly in violation of the 5’ sideyard
setback. Garages located close to the property line is appropriate for the neighborhood.
• NCL lots are generally 50’ wide whereas this lot is only 35’ wide. This is an atypically narrow
lot which creates its own hardship.
• It’s already difficult to get heavy equipment or a trailer into the backyard and moving the
garage to meet the 5’ setback may cause future problems. With the narrow lot, residence
location and trees, there is no equipment access to the backyard via the street. All access has to
be from the alley.
Stormwater
During most heavy rain events, a portion of the eastbound water on Mountain Ave turns south on
Washington St, then east again flowing down the alley to form a pond in the backyard. During the
extreme flood of 1997, water was flowing in from both ends of the alley. Generally the pond absorbs
into the soil within 48 hours.
The flood risk map indicates 100 year floods will be 17” deep at the garage’s present elevation. With a
14” elevation increase, the property owner accepts that there may be 3” of water in the garage during
extreme events. Flood vents on the east and west walls (2 per wall) will be added to the structure.
Approx 12 yd³ of material will be used to elevate and construct the new foundation. No additional hard
surface is planned. The driveway will continue to be gravel.
Marcha Hill
From: Noah Beals
Sent: Wednesday, July 25, 2018 5:19 PM
To: Marcha Hill
Subject: FW: 810 W Oak garage zoning variance request...addendum and application
Attachments: zba-application-form-2016.pdf
Categories: Follow-up
From: Georgia Doyle <tuvunut@hotmail.com>
Sent: Monday, June 25, 2018 10:46 AM
To: Noah Beals <nbeals@fcgov.com>
Subject: Fw: 810 W Oak garage zoning variance request...addendum and application
Dear Noah
Thank you for your help with my zoning variance request.
Please attach the following to my June 22, 2018 letter concerning garage repairs at 810 W Oak.
In my opinion, the variance requested, that is, maintain existing side yard setback of 3.5 feet, would not be
detrimental to the public good and diverges from the standard in a nominal, inconsequential way.
As stated in the June 22, 2018 letter, the garage has been in its current location for at least 50 years and most
if not all garages and sheds in my alley are within the 5 foot setback. Additionally, the lot is unusually narrow
(35 ft) and moving the garage to meet the 5 foot setback creates hardship by making access to the backyard
difficult.
Thanks again,
Georgia Doyle
810 W Oak St
Fort Collins, CO 80521
(970) 237-0727
Views of the yard and alley during the storm of 22 May 2018
Agenda Item 2
Item # 2 - Page 1
STAFF REPORT AUGUST 9, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180027
PROJECT DESCRIPTION
Address: 618 Lesser Drive
Petitioner/Owner: Amy Cook
Zoning District: N-C-B
Code Section: 4.9(D)(6)(d), 3.8.19
Project Description:
This variance request is to reconstruct a garage that burnt down several years ago. The new garage is
proposed to be within the same footprint of the old garage. The request is to encroach 2.5 feet into the required
5 feet side-yard setback, encroach 5 feet into the required 15 feet rear-yard setback, and the eave to extend
past the permitted 2.5 feet into a setback.
COMMENTS:
1. Background:
This property was platted in 1947 as part of the Lessers subdivision. It was later annexed into the City in
1953. The property does not abut an alley and is accessed from the Lesser Drive. The primary building on
the lot was built approximately in 1911 and it is unknown how many remodels have occurred. It is also
unclear at what time the garage was built originally.
The old garage caught fire sometime in 2016. The old garage was considered a legal nonconforming
structure, based on the encroachment into the side and rear setback.
A permit was applied for to reconstruct the nonconforming garage in 2016. The permit was later withdrawn,
and the construction of the garage was not completed. A foundation was poured in the footprint of the old
garage.
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 that:
• The request is not detrimental to the public good.
• The abutting property to the east is a commercial use with outdoor storage and does not have a
setback from the shared property line.
• Throughout the neighborhood, accessory and primary structures encroach into the side-yard
setbacks.
• There was an existing structure within the same location.
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 # ZBA180027.
Application Request
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Agenda Item 3
Item # 3 - Page 1
STAFF REPORT AUGUST 9, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180028
PROJECT DESCRIPTION
Address: 1250 Sycamore Street
Petitioner/Owner: Jonson Chatterley
Zoning District: N-C-L
Code Section: 4.7(D)(3)
Project Description:
This variance request is for a proposed addition to the house. The allowable floor area in the rear-half of the lot
is 731 square feet. The request is for an additional 384 square feet for a total allowable floor area in the rear-half
to 1,115 square feet.
COMMENTS:
1. Background:
This property was annexed into the city in 1956. The primary building was built in 1953 and it is unclear how
many remodels the building has received. The property has never been platted.
The property is a rectangular lot and is at the corner of the block. The primary building both faces and is
addressed along the long side of the rectangle creating a large portion of the primary building to be in the
rear-half of the lot.
The current floor area and the proposed additional floor area meets the allowable floor area for the entire lot.
However, the proposed floor area exceeds what is allowed in the rear-half of the lot.
Additionally, current standards for a lot in the N-C-L zone district is a minimum of 6,000 square feet for a
detached single-family dwelling. The existing lot size is 5,850 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 approval and finds that:
• The request is not detrimental to the public good.
• The front of the primary building is oriented to the long side of the rectangle lot placing a large
portion of the primary building in the rear-half.
• The lot size is smaller than the current minimum lot size in the N-C-L zone district.
• The proposed addition does not exceed the allowable floor area for the lot.
• The proposed addition meets the setbacks for the N-C-L zone district.
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 the shallowness of the parcel created an exceptional situation
unique to the property.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA180028.
STREET
SET-BACK
REAR YARD
SETBACK
SIDE
YARD
SET-
BACK
EXISTING
HOUSE
SYCAMORE STREET
90' - 0"
15' - 0" 70' - 0" 5' - 0"
65' - 0"
15' - 0" 35' - 0" 15' - 0"
FRONT YARD
SETBACK
PEARL STREET
32' - 6" 32' - 6"
EXST.
DECK
1 1/2-STORY
ADDITION
1-STORY
ADDITION
NEW FRONT ENTRY
ROOF COVER
Property Address: 1250 Sycamore Street
Property Owners: Jonson & Emily Chatterley
General Contractor: Torey Lenoch
970-204-8439
Parcel No: 9710101016
Legal Description: COM AT PT 969.4 FT S AND
310 FT W OF NE COR OF NE OF NE 10-7-69, TH W
90 FT; TH N 65 FT; TH E 90 FT; TH S 65 FT TO BEG,
FTC
Zoning District: NCL
Subdivision: 100769 - S10 T07 R69
Neighborhood: 19715
Setbacks:
Front Yard- 15 Feet
Rear Yard- 15 Feet
Side Yard- 5 Feet
Side Yard (street)- 15 Feet
Lot Size: 5,850 SF
Floor Area Ratio: 0.20 + 1,000 SF
Allowable Total Floor Area:2,170 SF
Actual Total Floor Area:
Existing First Floor to remain: 675 SF
First Floor Addition: 892 SF
Second Floor Addition: 424 SF
Total: 1,991 SF
Allowable Floor Area on Rear 50% of lot:
2,925 SF * .25 = 731 SF
Actual Floor Area on Rear 50% of lot: 1,115 SF
*need variance for an addition 384 SF in the
rear 50% of the lot
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
DW
UP
UP
W D
WH
LIVING ROOM
KITCHEN
BATH
DINING ROOM
CLO.
OFFICE
3' - 0"
CLOSET
CLO.
BEDROOM 1 BEDROOM 2
BATH
LAUNDRY/
MUD ROOM
FAMILY
ROOM
MECH.
HALL
2' - 11 5/8" 6' - 7 5/8"
4' - 5 5/8"
MECH.
2' - 1" 3' - 0" 6' - 2"
10' - 5 1/4" 3' - 6" 5' - 10"
11' - 3"
3' - 3"
EQ. 2' - 6" EQ.
NEW GAS SLIDE-IN RANGE W/
NEW VENT HOOD ABOVE
NEW ISLAND BASE CABINETS &
SOLID SURFACE COUNTERTOP
NEW 6' WIDE X 3' TALL DBL. CASEMENT
WINDOW
NEW 3' WIDE X 3' TALL CASEMENT WINDOW
NEW 21' WIDE PANTRY CABINET OR OPEN
SHELVES @ AREA OF EXST. MECH. ROOM
EXST. BASE & UPPER CABINETS,
COUNTERTOP, SINK & DISHWASHER TO
REMAIN
NEW 2' DEEP FULL HEIGHT
PANTRY CABINETS
5' - 3 3/4"
NEW SLIDING BARN DOOR
3' - 7 1/2"
3' - 6" 3' - 6"
4 1/2"
MUD ROOM AREA
DOG DOOR
4' - 8"
12' - 10"
NEW FRONT
ENTRY PORCH,
STEPS & ROOF
4' - 3"
9' - 6"
3' - 0" 5"
15' - 1 1/2"
MASTER
BEDROOM
MASTER
CLOSET
MASTER
BATH
3' - 6" 3' - 6"
3' - 10 1/2" 11' - 6"
16' - 0"
15' - 0"
9' - 9"
4' - 11"
4' - 6" 5' - 0 1/2"
4' - 0" 3' - 7 1/2" 1' - 10"
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
FLOOR PLAN
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A7 SCALE: 3/16" = 1’−0"
1 PR0POSED UPPER LEVEL PLAN
424 SF ADDITION
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
ELEVATIONS
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A8 SCALE: 3/16" = 1’−0"
1 PROPOSEDELEVATION PROPOSED EAST ELEVATION
A8 SCALE: 3/16" = 1’−0"
2 PROPOSEDELEVATION PROPOSED SOUTH ELEVATION
A8 SCALE:
3 SD−−−−3D SD 3DVIEW VIEW−−−− SOUTHEAST
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
ELEVATIONS
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A9 SCALE: 3/16" = 1’−0"
1 PROPOSEDELEVATION PROPOSED WEST ELEVATION
A9 SCALE: 3/16" = 1’−0"
2 PROPOSEDELEVATION PROPOSED NORTH ELEVATION
A9 SCALE:
3 SD−−−−3D SD 3DVIEW VIEW−−−− SOUTHWEST
EL.
FINISH FLOOR ELEV.
100' - 0"
EL.
EXIST. ROOF BRG.
107' - 4 1/2"
5" 9 1/2"
8' - 1 1/4" 10 3/4" 7' - 9"
5/8"
12"
5/8"
12"
5/8"
6" 12"
12"
HATCH INDICATES THE PROFILE OF A
TYPICAL ONE-STORY HOUSE WITH 9'
CEILINGS AND A 6/12 PITCH ROOF
6' - 8"
7' - 1"
FAMILY ROOM
CRAWL SPACE
BEDROOM 1
MECH. ROOM
MSTR.
BDRM.
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
BUILDING SECTION
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A10 SCALE: 3/16" = 1’−0"
1 PROPOSED NORTH−−−−SOUTH NORTH SOUTH1 SECTION 1
D W
REF.
DW WH
UP
6' - 0"
3' - 3"
REMOVE & SALVAGE EXISTING UPPER
CABINETS AT AREA OF NEW WINDOW
OPENING
SELECTIVELY DEMOLISH EXST. EXTERIOR WALL
FOR NEW 6' WIDE X 3' TALL WINDOW, RE:
STRUCT. FOR HEADER REQUIREMENTS
DEMOLISH EXST. MECH. ROOM WALL
& DOOR & RELOCATE (AND/OR
PROVIDE NEW) WATER HEATER &
FURNACE TO NEW MECHANICAL
ROOM IN ADDITION
DEMOLISH EXST. CONVERTED GARAGE
FLOOR, ROOF, WALLS, DOORS, WINDOWS
& STRUCTURE
CUT NEW 36" WIDE OPENING IN
EXST. FOUNDATION WALL BELOW
FOR ACCESS BETWEEN NEW &
EXST. CRAWL SPACES
REMOVE & SALVAGE EXISTING
WASHER/DRYER FOR RELOCATION
LIVING ROOM
KITCHEN BEDROOM 1
MECH.
BATH
DINING
ROOM
BEDROOM 2
BEDROOM 3
CLO.
CLO.
CLO.
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
DEMOLITION PLAN
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A12 SCALE: 3/16" = 1’−0"
1 PROPOSED FIRST FLOOR DEMOLITION PLAN
Agenda Item 4
Item # 4 - Page 1
STAFF REPORT AUGUST 9, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180029
PROJECT DESCRIPTION
Address: 609 Juniper Lane
Owner: Nathaniel Banke
Petitioner: Mike Hull, OFMC Construction
Zoning District: R-L
Code Section: 4.4(D)(1)
Project Description:
This variance request is for a second story addition to an existing single-story house. In the Low Density
Residential (R-L) zone district; the allowable floor area for a 7,537 square feet lot is 2,512 square feet. The
request is for an additional 289 square feet of allowable floor area.
COMMENTS:
1. Background:
This property was platted in 1954 and later annexed into the City in 1957. The primary building was
constructed in 1959.
The Sheely neighborhood is made up of approximately 10 subdivisions that extend from S. Whitcomb Street
to Sheely Drive and from Prospect Road to Wallenberg Drive. A portion of the west side of the
neighborhood, consisting of 11 homes along Sheely Drive, are in a designated Fort Collins Landmark
District.
On Juniper Lane on both sides of the street there are 25 homes including the subject property. All 25
homes appear to be a 1-story single family detached structure.
In the Low Density Residential (R-L) District, the lot is required to be 3 times greater than the allowable floor
area of the building. The subject property lot size is 7,537 square feet, the total allowable floor area is 2,512
square feet.
The proposal expands the footprint of the existing building an additional 10 feet in the rear and adds a
complete 2nd story over the existing 1st floor.
The R-L zone district does not prohibit 2nd story buildings or additions.
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:
• A 2nd story addition that exceeds the allowable floor area is more than nominal and inconsequential
within the context of a single-story neighborhood.
• Insufficient evidence has been provided in establishing a unique hardship to the property
• No evidence provided in showing how the proposal supports the standards in way equally well or
better than a proposal that complies with the standards.
4. Recommendation:
Staff recommends denial of APPEAL # ZBA180029.
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
OFMC Construction
cell phone (970) 218-5034
1420 North Washington Ave office (970) 635-3386
Loveland, Colorado 80538
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT AUGUST 9, 2018
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL ZBA180030
PROJECT DESCRIPTION
Address: 103 Frey Avenue
Petitioner/Owner: Cynthia and Deon Lategan
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)1., 4.7(D)(3), 4.7(E)(2), 4.7(E)(3), 3.8.19
Project Description:
This variance request is for a second story addition to an existing 1-story house and requires the following 5
variances:
1) The existing house encroaches into the required 15 ft. rear-yard setback 4ft and 5.5ft; the proposed
addition would match the existing encroachment;
2) The existing house encroaches 3 ft into the required 15 ft. front yard setback; the proposed addition
would extend the encroachment an additional 4ft for a new front covered entry;
3) The lot is allowed 1,835 sf of floor area for the entire lot; the proposed addition is requesting an additional
284.4 sf of floor area for a total of 2,120 sf.;
4) The lot is allowed 573 sf of floor area in the rear half of the lot; the proposed addition is requesting an
additional 667 sf of floor area for a total of 1,131 sf.;
5) The eaves on the west side of the building encroach over the permitted 2.5 ft from the building setback.
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. The
subject property’s lot size is 4,589 sf and is legally nonconforming.
A variance request was made in January of this year for a different addition design. That request was
approved but never started.
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 that:
• The request is not detrimental to the public good.
• The parcel is 1,411 sf below the minimum lot requirements of the zone district.
• The shape of the lot is a rectangle, with the long side oriented to the street resulting in a shallow lot.
• Portions of the primary house encroach into the rear setback and the detached garage encroaches
more.
Therefore, the size and the shallowness of the parcel and location of the existing structure created an
exceptional situation unique to the property and the strict application of the standards result in practical
difficulties that are not caused by an act or omission of the applicant.
Agenda Item 5
Item # 5 - Page 2
4. Recommendation:
Staff recommends approval APPEAL # ZBA180030.
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 a Design- Build General Contractor; 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 an additional
floor to allow the main floor to live more open and functional, covered breezeway from the main
house to garage and small partially covered deck to accommodate the new entry. 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 is a small house,
<1200 sq.ft. modification of the current building height and conditioned living space is requested to
meet our needs into retirement. We believe the additional sq. ft. is minor, the modifications will be
nominal and inconsequential and will enhance the exterior of the house; compliment the Frey
neighborhood while providing an updated functional house for years to come. The current
allowable rear half sq. footage is 574 sq ft. due to the placement of the house at no fault of the
owner. We are requesting an additional maximum 667 sq. ft .
Sincerely,
Deon and Cynthia
Lategan
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18' - 0"
26' - 0" 6"
26' - 6"
HATCH INDICATES AREA OF MECHANICAL CHASE/
CRAWL SPACE BETWEEN MAIN FLOOR & LOWER LEVEL
CUT NEW 36" WIDE OPENING IN
EXST. FOUNDATION WALL BELOW
FOR ACCESS BETWEEN NEW &
EXST. CRAWL SPACES
1
A10
715 west moutain avenue
fort collins, colorado 80521
phone: 970.231.1040
e-mail: heidishuff@gmail.com
FLOOR PLAN
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A6 SCALE: 3/16" = 1’−0"
1 PROPOSED FIRST FLOOR PLAN
675 SF EXISTING + 892 SF ADDITION = 1576 SF
e-mail: heidishuff@gmail.com
SITE PLAN
CHATTERLEY RESIDENCE
1250 Sycamore Street
Fort Collins, Colorado
6.18.18
A5 SCALE: 1/16" = 1’−0"
1 PROPOSED SITE PLAN
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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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Petitioner or Petitioner’s Representative must be present at the meeting
Location /D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2
Date 6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP
Variance Address Petitioner’s Name,
if not the Owner
City )RUW&ROOLQV&2 Petitioner’s Relationship
to the Owner is
Zip Code Petitioner’s Address
Owner’s Name Petitioner’s Phone #
Code Section(s) Petitioner’s Email
Zoning District Additional
Representative’s Name
Justification(s) Representative’s Address
Justification(s) Representative’s Phone #
Justification(s) Representative’s Email
Reasoning
Date ___________________________________ Signature __________________________________________
If not enough room,
additional written
information may
be submitted
618 Lesser Drive
80524 618 Lesser Drive
Amy E Cook 970-308-4736
aeileencook@gmail.com
The garage shown on the map outlined in red burned down under previous home ownership.
The previous owner then poured a slab the same size and in the same place as the old garage.
This pad exceeds the limits on setback requirements for new structures. If I cannot use the pad
that is currently in place because of these set back requirements, it is unlikely I would be able to
create a garage that would not be difficult to pull in and out of as my driveway is about 2' away
from my neighbors house
7/5/18
1. Hardship
2. Equal to or better than
Additional Justification
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This application is only for a variance to the Land Use Code. Building Code requirements will be determined
and reviewed by the Building Department separately. When a building or sign permit is required for any
work for which a variance has been granted, the permit must be obtained within 6 months of the date that
the variance was granted.
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Petitioner or Petitioner’s Representative must be present at the meeting
Location /D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2
Date 6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP
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
810 W Oak St
80521 810 W Oak St
Georgia Doyle 970-237-0727
tuvunut@hotmail.com
Mark Anderson
704 Matthews, Ft Collins 80524
970-484-1827/970-690-8578
acmexhibits@gmail.com
The proposal is to raise the elevation of the garage 14" in its current location to reduce flooding
impacts. The current location is 3.5' from the property boundary, which is within the 5' setback
requirement. Leaving the garage in its current location is believed to diverge from the Code in a
nominal, inconsequential way as the garage has been in its present location for over 50 years
and most of the garages in the neighborhood are within the 5' setback. See attached letter.
June 25, 2018 Georgia A. Doyle
3. Nominal and inconsequential
1. Hardship
Additional Justification