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Home My WebLink About05/10/2018 - 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 MAY 10, 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 ZBA180012 Address: 101 E. Stuart Street Petitioner: Malvin Lee, Mr. Lee’s Barber Shop Owners: 105 E. Stuart LLC Zoning District: C-G Code Section: 3.8.7.1(D)(3) and 3.8.7.1(I) Project Description: This is a variance request is to increase the sign allowance for the property. The total allowable sign area is 80 square feet; the request is for an additional 130.35 square feet. The request includes an increase the sign height to 7.5 feet; the maximum height allowed is 7 feet. 2. APPEAL ZBA180014 Address: 312 Wayne Street Petitioner: Al Kulenski Building Owner: Susan Vaughan and Victor Lomax Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a request to construct a 14 feet x 28 feet carport on the north side of the lot encroaching 4 feet-3 inches into the 5 feet side yard setback. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 May 10, 2018 3. APPEAL ZBA180015 Address: 1027 Fossil Creek Drive Petitioner: City of Fort Collins Park Planning and Development Department Owners: Lixin Lu and Zhiming Liu Zoning District: U-E Code Section: 3.8.11(C) Project Description: This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing fence on the west lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The maximum height for a fence in this area is 4 feet. 4. APPEAL ZBA180016 Address: 520 E. Laurel Street Petitioner/Owner: Sharon Kay Wilson Zoning District: N-C-M Code Section: 4.8(E)(3) and 4.8(E)(4) Project Description: This request is to construct 2 buildings on the rear of the lot. Building "A" (12' x 16') would encroach 13 feet into the required 15 feet rear setback. Building "B" (14’ x 16') would encroach 13 feet into the required 15 feet rear setback and 3 feet into the required 5 feet east side setback. • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item # 1 - Page 1 STAFF REPORT May 10, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180012 PROJECT DESCRIPTION Address: 101 E. Stuart Street Petitioner: Malvin Lee, Mr. Lee’s Barber Shop Owners: 105 E. Stuart LLC Zoning District: C-G Code Section: 3.8.7.1(D)(3) and 3.8.7.1(I) Project Description: This is a variance request to increase the sign allowance for the property. The total allowable sign area is 80 square feet; the request is for an additional 130.35 square feet. The request includes an increase to the sign height to 7.5 feet; the maximum height allowed is 7 feet. COMMENTS: 1. UBackground:U The building was built approximately in 1965. The building has been used for numerous retail businesses throughout the years. Existing sign regulations generally protect community aesthetics, preserve and enhance property values, and protect public safety. Sign allowance is based on the frontage of the property to the Public Right of Way. In this case, the property has 80 linear feet of frontage; therefore, the code grants 80 square feet of permanent signage to be displayed. This allowance can be distributed through multiple sign types that are permitted. Additionally, the code allows the max height of 7 feet of any sign attached to the building. The property currently displays three signs: • East side painted wall sign 8 square feet: “barber pole” • North side projected sign 3 square feet: “barber pole” • West side painted wall sign 199.35 square feet reading “Mr. Lees Barbershop and barber pole” The west side painted wall is 7.5 feet tall, exceeding the 7 feet maximum height allowed. 2. UApplicant’s statement of justification:U See petitioner’s letter. 3. UStaff Conclusion and Findings:U Under Section 2.10.2(H), staff recommends denial of additional 130.35 square feet of sign allowance. The request is for over 160% increase to the sign allowance. Therefore, the variance request will diverge from the standards more than a nominal and inconsequential 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. URecommendation: Staff recommends UdenialU of APPEAL # ZBA180012. Wednesday, February 21, 2018 To whom it may concern: The purpose of this letter is to gain approval for my current signage on the building I am renting. Located at 101 E. Stuart St, Fort Collins, CO, 80525. My name is Malvin Lee, the owner/operator of Mr. Lee’s Barbershop. While I now understand that I should have gotten permission from the city before applying such signage. My goal is to gain approval and continue on operating with the current artwork on said building. The artwork says, “Mr. Lee’s Barbershop”, with a barber pole. In no way is the art disrespectful or causing any harm to anyone. As a matter of fact, my business has grown from such. At this point my clients recognize and find my location because of the sign. What I would like to point out is that, I am providing a service that the community needs. There is absolutely no place in the city that everyone is welcome. Any race, creed or gender can come to my business and be treated fairly. Not to mention get services other places turn them away for. I have been a part of the Fort Collins community for 9 years now. Firstly, inside a place where I was limited in growth as well as expression of my culture and career. Now that I have been given the opportunity to grow and provide even more service to the community. My goal is to raise awareness of the barber culture and make anyone feel welcome to visit my Barbershop. Malvin Lee Agenda Item 2 Item # 2 - Page 1 STAFF REPORT May 10, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180014 PROJECT DESCRIPTION Address: 312 Wayne Street Petitioner: Al Kulenski Building Owner: Susan Vaughan and Victor Lomax Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a request to construct a 14 feet x 28 feet carport on the north side of the lot encroaching 4 feet-3 inches into the 5 feet side yard setback. COMMENTS: 1. UBackground:U The primary home was built approximately 1918. There is an existing driveway on the north side of the property that leads to the street. The property abutting to the north also has a driveway access to the street along the shared property line. With two driveways along the shared property line, the primary buildings have at least 20 feet of separation from each other. 2. UApplicant’s statement of justification:U See petitioner’s letter. 3. UStaff Conclusion and Findings:U Under Section 2.10.2(H), staff recommends approval with the condition that the structure remains open on three sides: 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 primary building on the north abutting lot is at least setback 10 feet. • 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. URecommendation: Staff recommends approval of APPEAL # ZBA180014 with a condition. Agenda Item 3 Item # 3 - Page 1 STAFF REPORT May 10, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180015 PROJECT DESCRIPTION Address: 1027 Fossil Creek Drive Petitioner: City of Fort Collins Park Planning and Development Department Owners: Lixin Lu and Zhiming Liu Zoning District: U-E Code Section: 3.8.11(C) Project Description: This request is to construct a 5-foot tall, green-dowel, 3-rail western fence to replace the existing fence on the west lot line along the Fossil Creek Trail (which will be constructed in the summer of 2018). The maximum height for a fence in this area is 4 feet. COMMENTS: 1. UBackground:U The property is in the Urban Estate (U-E) zone district. The maximum height of fence is a standard that is required through all zone districts and is not unique to the U-E district. In the yard area between the front property line and the primary structure the fence is limited to 4 feet in height. The property was originally developed in the county. The City annexed the area in 2006. In this neighborhood the yards are typically used for agriculture and livestock. Sidewalks along the street have not been part of the context of the neighborhood. The City is seeking to extend the Fossil Creek Trail in this area and to minimize the impact along the trail the City is installing new fences on the property of the abutting property owners. 2. UApplicant’s statement of justification:U See petitioner’s letter. 3. UStaff Conclusion and Findings:U Under Section 2.10.2(H), staff recommends approval of a 5 feet tall, green-dowel, 3-rail western fence in the front yard and finds that: The request is not detrimental to the public good. • The fence will be setback 3 feet from the trail. • The design of the fence is mostly transparent. • The taller fence will be safer barrier for both livestock and trail patrons. 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. URecommendation: Staff recommends approval of APPEAL # ZBA180015. Page 1 of 1 Park Planning & Development Department 215 N Mason St PO Box 580 Fort Collins, CO 80522 970-416-2192 fcgov.com/parkplanning Memorandum To: Zoning Board of Appeals Date: April 10, 2018; for May 5, 2018 Hearing RE: Application Request for Variance from Land Use Code Sec 3.8.11 to allow construction of a 5’ maximum height, green dowel, 3‐rail western fence to replace existing fence in current location on westerly lot line. By: Greg Oakes, Park Planning & Development Department On Behalf of: Lixin Lu and Zhiming Liu; 1027 Fossil Creek Drive, Fort Collins CO 80526 Reasoning & Justification: The City is currently constructing the Long View Trail – Fossil Creek Dr. to 57th St. in Loveland which will be completed by September 2018. The 10’ wide paved trail will be located partially in the Right‐of‐Way (ROW) on the east side of Shields St. until entering City of Fort Collins (COFC) Natural Areas Property. The Lu’s property is located in a UE zoning district, and was annexed in 2006 as part of the Southwest Enclave Annex Phase Three. All of the properties adjacent to the trail on Shields St. are large‐lot rural estate lots with livestock facilities and use. Due to limited ROW in this area the paved trail will be offset from the north property lines approximately 10 feet. Hardship: The Long View Trail is expected to increase bicycle and pedestrian traffic significantly (potentially 200+ users/day) adjacent to the westerly property line. A 5’ tall fence is requested to deter livestock and trail user conflicts. The 5’ height would prevent large livestock, such as horses or goats, from reaching trail users. It would also limit landowner’s liability from trespass by trail users and potentially dangerous interactions between livestock and trail users. Nominal & Inconsequential: The westerly side of Shields St. ROW is lined with existing livestock fencing on each property between Fossil Creek Drive and COFC Natural Areas Property. The proposed 3‐rail western fence will replace existing 4’ high, t‐post, woven wire and barbed wire fence on this property and will maintain the character of the existing neighborhood. Equal to or Better Than: The proposed fence will contain livestock and will present a more secure barrier between livestock and trail users. Fossil Creek Drive Lu Pasture View Looking Northeast From Shields St. May 10, 2018 1027 Fossil Creek Drive Planning & Zoning Board of Appeals Variance Request Existing 4’ Livestock Fence 4 Strand Wire Fence w/ T-Posts (Red Dashed Line) Long View Trail May 10, 2018 1027 Fossil Creek Drive Planning & Zoning Board of Appeals Variance Request Lu Pasture Shields Street Lu Pasture Existing 4’ Livestock Fence 4 Strand Wire Fence w/ T-Posts (Red Dashed Line) Existing 4’ Livestock Fence 4 Strand Wire Fence w/ T-Posts (Red Dashed Line) Long View Trail Long View Trail View Looking South From Trail Agenda Item 4 Item # 4 - Page 1 STAFF REPORT May 10, 2018 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA180016 PROJECT DESCRIPTION Address: 520 E. Laurel Street Petitioner/Owner: Sharon Kay Wilson Zoning District: N-C-M Code Section: 4.8(E)(3) and 4.8(E)(4) Project Description: This request is to construct 2 buildings on the rear of the lot. Building "A" (12' x 16') would encroach 13 feet into the required 15 feet rear setback. Building "B" (14’ x 16') would encroach 13 feet into the required 15 feet rear setback and 3 feet into the required 5 feet east side setback. COMMENTS: 1. UBackground:U This property was platted as part of Lot 1 of Block 166 with original town Plat of Fort Collins in 1873. In time Lot 1 was divided into three separate parcels. The subject parcel is approximately 3,425sf. and fronts onto Laurel Street. The building on the parcel was built around 1923. This building is nonconforming in that it has a front yard setback of 10’ and the required minimum is 15’. The parcel size (3,425sf.) is below the required minimum lot size for the current zoning standard of 5,000 sf. in the N-C-M district. The abutting property to the north fronts onto Smith Street. However, the primary building on north property sits entirely on the rear half of its lot. Additionally, for the north abutting property, the setback along the shared property line is 5ft. In 1998 the Zoning Board of Appeals approved a similar variance request on the abutting property to the east (522 E Laurel Street). This request was for a 12’x14’ (168sf.) shed to encroach 12’ into the required 15’ rear-yard setback and 2.33’ into the required 5’ side-yard setback. The variance was granted on the findings that the lot size is “extremely small”. 2. UApplicant’s statement of justification:U See petitioner’s letter. 3. UStaff Conclusion and Findings:U Under Section 2.10.2(H), staff recommends approval and finds that: • The request is not detrimental to the public good. • The request does not exceed the maximum allowable floor area for the parcel. • The request does not exceed the maximum allowable floor area in the rear half of the parcel. • The north abutting property has a 5’ setback along the shared property line. • The lot size is below the minimum lot size for the zone district. • Within in the neighborhood there are similar encroachments into the side and rear setback. 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. Additionally, the lot size creates an undue hardship not caused by an act or omission of the occupant. 4. URecommendation: Staff recommends approval of APPEAL # ZBA180016. 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