HomeMy WebLinkAbout09/12/2019 - 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
SEPTEMBER 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 ZBA190035
Address: 5109 S. Shields Street
Owner/Petitioner: Dale & Fay Baker
Zoning District: U-E
Code Section: 4.2(D)(2)(b)&(d)
Project Description:
This variance request is for a one-story addition to the existing house. The addition proposes to match
the front setback of the existing structure which is a 30 foot encroachment into the 30 foot front
setback and to match the existing side setback which is a 5 foot encroachment into the 20 foot side
setback.
2. APPEAL ZBA190036
Address: 2307 Stonegate Drive
Owner/Petitioner: Captain & Kathleen Payne
Zoning District: R-L
Code Section: 4.4 (D)(2)(c & d)
Project Description:
This variance request is to construct a carport which encroaches 2 feet into the 15 foot rear setback
and 1 foot into the 15 foot side street setback.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 September 12, 2019
3. APPEAL ZBA190037
Address: 207 N. Grant Ave
Owner Matt Fater
Petitioner: Heidi Shuff
Zoning District: N-C-M
Code Section: 4.8(E)(3)
Project Description:
This variance request is to construct an addition which encroaches 8 feet 3-1/2 inches into the
required 15 foot rear setback
4. APPEAL ZBA190038
Address: 414 N Loomis
Owner/Petitioner: Jim & Theresa Frith
Zoning District: N-C-M
Code Section: 4.8(F)(2)(b)1.
Project Description:
This variance is for a proposed accessory building. The eave height along the side lot lines are 16 feet
10 inches tall on both the north and south side of the structure, maximum eave height allowed is 13
feet 6 inches.
• 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 __________________________________________
Currently the existing house is at zero lot line. This happened when the city
annexed the property from the county, thus making it non-conforming.
Additionally, another hardship is created by the irrigation ditch that is located
approximately 5-8 ft from the west and south walls of the house. With theses
issues, the most reasonable place to expand is the northeast corner of the
property. We would like to increase the space inside the home, this area of the
yard is unusable and putting the addition there fills out the footprint of the house.
August 13, 2019
To whom it may concern:
I find myself needing to apply for a variance; given the geography and layout of my parcel and physical
surroundings. We have an odd shaped lot which puts the corners of the structure slightly over the
setbacks, the corners are necessary to keep the detached garage/carport functional and aesthetically
pleasing. I am seeking a variance (permitted exception) to be exempt from the code to be able to
construct my detached garage/carport structure in the best suitable location on the parcel. This
structure will not interfere with existing residential parcels and will be built in mind with the existing
character of the neighborhood. My design will keep conformity in the neighborhood and preserve not
only my property value but those around me.
The reasons we need this structure:
-To protect our vehicles from the harsh weather conditions; we have had 2 damaging hail storms within
the 10 years of residing here.
-Our attached garage is being used as a shop and functions best that way because it is insulated,
provides electrical and is cost effective to heat and cool.
-Our vehicles do not require these amenities. We simply need shelter to increase our productivity and
get the kids to school in a timely manner without the daily ice scraping.
Captain and Kathy Payne - 2307 Stonegate Dr Fort Collins CO 80525
ZBA190036 - Pictures
715 W. Mountain Avenue
Fort Collins, CO 80521
August 13, 2019
City of Fort Collins
Zoning Board of Appeals
281 N. College Avenue
Fort Collins, CO 80524
RE: Variance Request for 207 N. Grant Avenue
To Whom It May Concern:
On behalf of my client, Matt Fater, I am requesting a variance to Section 4.8(E)(3) of the Fort
Collins Land Use Code, which states that the minimum rear yard setback shall be fifteen feet.
He’s proposing to construct a 425 SF one-story addition at the back of his existing 860 SF one-
story home at 207 N. Grant Avenue, which would require a variance to allow the addition to
extend 8’-3 ½” into the required 15’ rear yard setback. The project goals are to keep the existing
house as-is as much as possible, enlarge the kitchen & living room, and create a new dining
room and master suite. The existing bedrooms are all on the north side of the house with the
living spaces to the south, therefore it makes most sense to add the master suite at the
northwest side of the house to allow natural separations between the public and private spaces
& to retain the existing windows which provide natural light into the living spaces on the south.
Furthermore, the homes within the immediate area are predominantly 1-story, making a 1-story
addition at the rear of the home the contextually appropriate design solution to maintain
consistency with the scale of the existing neighborhood.
I believe the small, shallow lot creates a unique hardship. The lot is only 4,900 SF, whereas the
minimum lot size in the NCM zone district is 5,000 SF, and is only 70 feet deep. I also believe the
proposed addition would not diverge from the standards of the Land Use Code except in a
nominal, inconsequential way when considered in the context of the neighborhood for many
reasons. First of all, the existing sunroom/ enclosed back porch on the west side of the home
already encroaches approximately 5’ into the 15’ rear yard setback and will be removed prior to
construction of the proposed addition, requiring only an additional 3’-3 ½” encroachment into
the rear yard setback. Secondly, the neighboring properties to the west and south already enjoy
a 5’ setback along the same property line, as this property’s rear property line is their side
property line. Additionally, the proposed addition has a low profile, since it’s a 1-story addition
and even with the proposed addition, we’re still well within the total allowable square footage
for the lot (1,285 SF proposed vs. 2,225 SF allowed) as well as within the allowable area for the
rear half of the lot (763 Sf proposed vs. 808 SF allowed). Lastly, the proposed addition would not
negatively affect any neighboring properties with respect to solar access, since there is an alley
directly north of the property.
City of Fort Collins
Zoning Board of Appeals
August 13, 2019
Page 2
Thank—you for your consideration.
Sincerely,
Heidi Shuff
Studio S Architecture, LLC
Phone: 970.231.1040
e-mail: heidishuff@gmail.com
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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 __________________________________________
FRITH Residence – Variance Request
414 N. Loomis Rd, Fort Collins, CO 80521
08/08/2019
Hello,
We are requesting a variance for the maximum eave height along a side lot line for a detached
accessory building; LUO 4.8(F)(2)(b)1.
The unique nature of the lot is such that the alley access approaches the side yard of the home,
requiring the garage door to face that alley so a vehicle can access the garage. This then makes the
"front" of the bldg to face the side lot, requiring the eave heights to meet LUC 4.8(F)(2)(b)1. In an
endeavor to maintain the principle views toward the existing house, while still maintaining a habitable
space within the upper floor, the roofline is such that the eaves on the front and rear of the property
meet code, but at a height of 17’10”, the ridgeline of the roof on the side lots is taller than the allowable
height by 4’-4” (see exterior elevations). This is with the expectation that since the structure is an
additional 1’-0” away from the side yard setbacks, we’re allowed a max eave height of 13’-6”.
The max eave height of the majority of the building is within the 13’-6” max, it is only the two
ridgeline areas on the two side yards that fall above this maximum. Also, in an effort to minimize
window/views into neighboring properties, we only placed one small bathroom window on the North
side yard, and the windows over the garage door on the South side yard overlook the alley, and not
another dwelling/property.
We’ve made every effort to conform to the LUO standards of building height and massing,
views, and overall aesthetic of the detached dwelling. At 17’-10”, we are under the maximum building
height of 24’-0” and at 16’-10”, we are under the maximum wall height of 18’-0”. The roof pitch meets
standards, and the 1 ½ building height is accomplished.
Thank you for taking time to review this request,
Best,
Massey Books – architect
SMASHdesign, LLC
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