HomeMy WebLinkAbout12/12/2019 - Zoning Board Of Appeals - Summary Agenda - Regular MeetingRalph Shields, Chair
Shelley LaMastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
Ian Shuff
Butch Stockover
Council Liaison: Ross Cunniff
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
DECEMBER 12, 2019
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 ZBA190046
Address: 515 Cowan Street
Owner/Petitioner: Allison Shaw & Arjanus De Bruijn
Zoning District: C-L
Code Section: 3.8.3
Project Description:
The variance is to store bicycles in an accessory building as part of a home occupation. Home
occupations are required to operate from the primary building, not an accessory building.
2. APPEAL ZBA190047
Address: 1736 Concord Drive
Owner/Petitioner: Devin A. Martinez
Zoning District: R-L
Code Section: 4.4(D)(2)(c)
Project Description:
The variance is for a proposed accessory building to encroach 5 feet into the required 15 foot rear-yard
setback.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 December 12, 2019
3. APPEAL ZBA190048
Address: 821 W. Mountain Avenue
Owner: Jim & Jane Grant
Petitioner: Jeff Gaines, High Craft Builders
Zoning District: N-C-L
Code Section: 4.7(E)(4); 4.7(F)(2)(b)2.
Project Description:
The variance is to modify an existing garage. The proposed modifications will increase the wall height to
14.75 feet of an existing building that encroaches into the 5 foot required side-yard setback by 3.5 feet.
Additionally, the proposal increases the eave height to 14.75 feet, the required eave height is 10 feet.
• OTHER BUSINESS
• ADJOURNMENT
Application Request
for Variance from the Land Use Code
The Zoning Board of Appeals has been granted the authority to approve variances from the requirements of
Articles 3 and 4 of the Land Use Code. The Zoning Board of Appeals shall not authorize any use in a zoning district
other than those uses which are specifically permitted in the zoning district. The Board may grant variances where it
finds that the modification of the standard would not be detrimental to the public good. Additionally, the variance
request must meet at least one of the following justification reasons:
(1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the
property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or
topography, the strict application of the code requirements would result in unusual and exceptional practical
difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or
hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed);
(2) the proposal will promote the general purpose of the standard for which the variance is requested equally
well or better than would a proposal which complies with the standard for which the variance is requested;
(3) the proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way
when considered in the context of the neighborhood.
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.
However, for good cause shown by the applicant, the Zoning Board of Appeals may consider a one-time 6 month
extension if reasonable and necessary under the facts and circumstances of the case. An extension request must
be submitted before 6 months from the date that the variance was granted has lapsed.
Petitioner or Petitioner’s Representative must be present at the meeting
Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524
Date: Second Thursday of the month Time: 8:30 a.m.
Variance Address Petitioner’s Name,
if not the Owner
City Fort Collins, CO 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 __________________________________________
Bikeadelic Rentals LLC
515 Cowan St.
Fort Collins, CO 80524
November 6, 2019
Dear Zoning Board of Appeals members:
I am respectfully requesting a variance to the following Home Occupation license requirements:
• Such use shall be conducted entirely within a dwelling
• There shall be no exterior storage on the premises of material or equipment used as a part of the home
occupation.
Because Home Occupations are by definition currently occupied homes rather than new development, I believe that the
requirements for Home Occupation licenses are primarily designed to meet the following relevant and important
purposes of the City of Fort Collins Land Use Code:
• (K) fostering a more rational pattern of relationship among residential, business and industrial uses for the
mutual benefit of all.
• (M) ensuring that development proposals are sensitive to the character of existing neighborhoods.
I believe that our proposed home occupation meets both purposes because there is already a commercial property
(Apparel Imaging Specialties LLC) two doors down from our house and our house falls within the same limited
commercial district according to the City of Fort Collins FCMaps web map. Houses used for commercial purposes are
well integrated in our neighborhood.
The only outward sign of commercial use of our property in the foreseeable future would be a logo that we plan to put
on our pick-up truck and cargo trailer, the latter being generally parked in our gravel parking area next to the garage,
adjacent to the alley behind our house. We have no plans to receive customers at our house, as we deliver rental
bicycles to them, so there would be no problems with traffic congestion nor taking up on-street parking.
Therefore, it seems reasonable to request permission to store commercial property (bicycles) in our garage where our
workbench is for convenience in bicycle maintenance, and in our cargo trailer in preparation for delivery. My
justifications for this request are:
#2: The proposal will promote the general purpose of the standard for which the variance is requested equally well or
better than would a proposal which complies with the standard, as it:
• Land Use Code Purpose K: maintains a rational pattern of relationships among residential and business uses for
the mutual benefit of all
• Land Use Code Purpose M: is sensitive to the character of the existing neighborhood.
#3: The proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way when
considered in the context of the neighborhood, because it only consists of the unobtrusive enclosed storage of bicycles,
in numbers only slightly higher (10-20) than would be found in a normal residential garage, and cargo trailers are
common residential property for owners of snowmobiles, ATV’s, etc.
Thank you for your consideration and I look forward to your decision.
Sincerely,
Allison E. Shaw
Sketch of 515 Cowan St. parcel showing the location of the garage and trailer where 10-20 bicycles would be stored if waiver granted
821 West Mountain Ave. Variance Request Explanation
This variance request seeks the following modifications to Fort Collins NCL district standards:
● Increasing the height of an existing nonconforming wall within a side setback:
Per LUC 4.7(E)(4), a 5’ side setback is required in the NCL district. The existing
detached garage is located such that the west wall is approximately 1’-6” off the
west side lot line. This existing wall terminates at an eave, at a height of 7’-6”.
This proposal seeks to increase the height of this wall such that it would
terminate into the rake of a modified roof, with the building’s ridge being rotated
90 degrees. While existing wall plate height will remain at 7’-6”, the wall would
extend to a height of 14’-9” at the peak of the new roof.
● Exceeding the allowable eave height for a detached accessory:
Per LUC 4.7(F)(2)(b)(2), the maximum eave height allowed along a side lot line is
10’ for a detached accessory without habitable space. As noted above, a
triangular portion of wall would extend above this height limit to the new roof
peak.
The homeowners would like to make modifications to the existing detached garage at the rear
of this lot to create a playful structure that would anchor and define the backyard as well as
provide extending outdoor spaces. The volume in terms of area and height contained within
the garage would not change through these modifications, nor would the use of the structure
as a small two car garage. What the homeowners have asked for are alterations that will give
the structure a sense of purpose and presence in the yard, making it a building they can enjoy
both as an interesting backdrop to the house and as the starting point for several small outdoor
living spaces. They have approached the design with a sense of lightheartedness and the
inspiration of garden ‘follies’, which include whimsical elements and might bellie the actual use
of a structure.
While the walls of the garage will remain in place, changing the direction of the gable roof and
increasing its slope has been central from the start in setting the stage for the homeowners’
goals. As an added bonus, turning the roof orientation would set the south side up for future
solar panel installation. All new extensions off the building including a porch cover and pergola
have been designed to meet current LUC requirements, meaning that the increase in roof and
associated existing wall height within the setback is the only element of the project requiring a
variance. To meet building code requirements based on fire separation distance from the
property line, both the existing and extended sections of the west wall of the garage would be
provided with one-hour fire resistance, and the rake would have no overhang.
Justification Criteria 1 – By reason of exceptional physical condition or situation unique to the
property, the strict application of the code requirements would result in undue hardship:
Strict application would require the entire structure to be demolished and rebuilt to enable the
gable roof to be turned as proposed.
Justification Criteria 3 - Proposal will not diverge from the standard except in a nominal,
inconsequential way when considered in the context of the neighborhood:
Rear accessory structures are commonly located within side setbacks throughout old town
neighborhoods including along this alley, and a variety of heights and roof forms are
represented in these nonconforming structures. The proposed new roof form and orientation of
the building is well within this typical range of volumes, and several garages that are
substantially larger in size and height than the proposal, and do not meet current LUC criteria
exist along this alley. Adjacent examples are garages serving 829 West Mountain Ave and 826
West Oak St.
Several additional factors exist that ameliorate potential impacts of the proposed change. This
garage is set back a generous 23’ from the alley, further than almost all other garages along the
alley, and faces another nonconforming garage to its west. Lots along this section of the block
slope down about 4’ from street-fronting buildings to the alley, meaning that even with the
proposed modification the garage would remain relatively small in stature as viewed from
primary buildings. As noted previously, the current 1’ eave overhang along the west side will
be eliminated with the new roof having no overhang along this side. This will increase the
effective separation between neighboring structures, and remove the garage’s current west
side eave projection nonconformity under LUC 3.8.19(A)(6).
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
XX
X X
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(
(E) GARAGE
(E) SHED
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JIM & JANE GRANT
A REMODEL FOR:
821 WEST MOUNTAIN AVENUE, FORT COLLINS, 80521
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A REMODEL FOR:
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A9.1
VARIANCE
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3 N/S THROUGH GARAGE
KEYNOTES
SECTION NOTES
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1/4" = 1'-0"
GARAGE WEST
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2 DETAIL @ GARAGE ENTRY COVER
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VARIANCE JIM & JANE GRANT
A REMODEL FOR:
821 WEST MOUNTAIN AVENUE, FORT COLLINS, 80521
9
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1" = 20'-0"
SITE PLAN
1/8" = 1'-0"
ENLARGED SITE PLAN SITE PLAN LEGEND