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Home My WebLink About10/10/2019 - 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 OCTOBER 10, 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 ZBA190039 Address: 806 W. Mulberry Street Owner/Petitioner: Kevin Dewlen Zoning District: N-C-M Code Section: 4.8(E)(3); 4.8(D)(3); 4.8(F)(1)(c) Project Description: This is a request to build an accessory building (garage with carport). The request requires the following three variances: 1) Allow an accessory building to encroach 7.29 feet into the required 15 foot rear-yard setback. 2) Allow the floor area in rear half of the lot to total 1,062 square feet, the maximum allowed floor area is 907.5 square feet. 3) Allow an accessory building to be 1.12 feet less than the required 10 foot minimum front setback, greater than the front setback of the principle building. 2. APPEAL ZBA190040 Address: 310 N. Mason Street Owner: Rich Mark Petitioner: Chad Hartoin Zoning District: D Code Section: 3.8.7.2(E) Table C Project Description: The variance request is to allow window signs to exceed the permitted area a sign can cover in a window and to exceed the allowed overall height sign. The request proposes to cover 100% of the 2 sections of windows in vinyl signage when the code allows only allows up to 50% coverage. Additionally, a window sign cannot exceed 7 feet in height, the proposed signs are an additional 2 feet 3 inches taller sign than the maximum sign height. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 September 12, 2019 3. APPEAL ZBA190041 Address: 1201 W Plum Street Owner Plum Street CO Owners LLC Petitioner: Timothy Eunice Zoning District: C-C Code Section: 3.8.7.2(B) Table B Project Description: The variance request is to allow 5 existing non-conforming flush wall sign cabinets to be replaced with new cabinets, the maximum allowed is 1. The proposed replacement signs are 3.5 feet, the maximum height allowed is 1.5 feet. 4. APPEAL ZBA190042 Address: 4030 Big Dipper Drive Owner/Petitioner: Tyler Shurigar Zoning District: U-E Code Section: 4.2(D)(2) Project Description: The variance request is to allow a 192 square foot accessory building to be built 12 feet into the required 25 foot rear yard setback. A similar variance request was approved in 2015 but expired after 6 months. • OTHER BUSINESS • ADJOURNMENT To whom it may concern: For 806 W Mulberry St with the front of the lot being oriented to Mulberry it presents a couple challenges that I appreciate your time in consideration for a variance. Lot SF- 5500 sf Existing House- 940 sf Max allowable buildable SF- 2375 sf Proposed Garage- 600 sf New proposed total lot build SF- 1540 sf (leaving 835 sf buildable lot sf) 1. With the lot-oriented length wise east to west a garage placement on the west end with entry off the alley makes the most sense on the narrow lot. Due to the house having a Mulberry address the rear setback of 15' is very limiting and the garage rear setback to the north property line would be very similar to the existing house. (hardship/ nominal inconsequential) 2. The lot midpoint (front/rear) almost bisects the existing house putting 640 sf of the existing 940 sf house in the rear half of the lot. By adding the garage, it would also be almost bisecting the structure putting 432 sf of the proposed 600sf structure in the rear half of the lot. This brings the rear lot total to 1,062 sf, which is over the allowed 907.5 sf allowed on the rear. (hardship/ nominal inconsequential) Thank you for your time, Kevin Dewlen 806 W Mulberry St. Union on the Alley 09/12/2019 Reasoning of justification for the sign variance request for 1201 W. Plum Street: When we originally applied for the sign permit to replace the existing 5 ea. building cabinet signs it was done with the assumption that the existing signs met Fort Collins standards and had been previously permitted. It turned out that the existing signs are “non-conforming.” We were informed that according to current standards, the entire building would be allowed to have only 1 ea. sign and that it would be limited to 1-1/2’ in height. A sign of this size would be barely visible from ground level. We were further informed that we could replace just the faces of the signs as long as they matched the same exact shape and utilized the existing sign chassis. These signs have been on the building for several years and have obviously never been an issue. We are asking for a variance to allow us to replace the faces on the existing sign chassis in the rectangular shape of the UNION on the Alley branding as the shape of the LOKAL sign faces is reflective of their branding. With the many different student housing complexes in the area, it is important to the company investing in the building to have suitable branding. It is also important that the building have suitable identifying signage to allow for easy identification of tenants and guests. Granting of this variance will not change the existing situation in any material way. Application Request IRU9DULDQFHIURPWKH/DQG8VH&RGH The Zoning Board of Appeals has been granted the authority to approve variancesIURPWKHUHTXLUHPHQWVRI $UWLFOHVDQGRIWKH/DQG8VH&RGH7KH=RQLQJ%RDUGRI$SSHDOVVKDOOQRWDXWKRUL]HDQ\XVHLQD]RQLQJGLVWULFW RWKHUWKDQWKRVHXVHVZKLFKDUHVSHFLILFDOO\SHUPLWWHGLQWKH]RQLQJGLVWULFW7KH%RDUGPD\JUDQWYDULDQFHVZKHUHLW ILQGVWKDWWKHPRGLILFDWLRQRIWKHVWDQGDUGwould not be detrimental to the public good$GGLWLRQDOO\WKHYDULDQFH UHTXHVWPXVWPHHWDWOHDVWRQHRIWKHIROORZLQJMXVWLILFDWLRQUHDVRQV Tyler Shurigar 4030 Big Dipper Drive Fort Collins, CO 80528 August 21, 2019 City of Fort Collins Zoning Board of Appeals 281 North College Avenue Fort Collins, CO 80524 Re: Old Oak Estates Lot 6 (4030 Big Dipper Drive); Fort Collins, Colorado Setback Variance Request Zoning Board of Appeals, Lot 6, Old Oak Estates (4030 Big Dipper Drive) is in the Urban Estate (UE) zoning district with the follow setback requirements: • Front setback of 30 feet • Side-yard setback of 20 feet • Rear-yard setback of 25 feet This is a request to reduce the North facing side-yard setback from twenty feet (20’) to ten feet (10’) to construct a twelve foot (12’) by sixteen foot (16’) garden storage shed on the North side of the existing home that would encroach on the current side-yard setback. This request is submitted due to the loss of usability of a substantial portion of the lot for storm drainage and water quality purposes, a majority of this storm drainage encumbrance is outside the easements. Another issue driving the request is that per the development agreement for the lot – I, (the homeowner) am responsible for the maintenance of the water quality structure existing on the Southeast corner of the lot. I believe the above mentioned circumstances meet the variance requirement of: 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 of the property or upon the applicant, provided that such difficulties or hardship are not caused by an act of omission of the occupant or applicant (i.e. not self imposed) I appreciate your consideration and time looking into this matter. Sincerely, Tyler Shurigar (!)a_ zu i=O::: (/)_ xin 25' EMERGENCY & PRIVATE ACCESS .& UTILITY ESMT. 12.50' @ SIDE n I Lot 5 -- PROPOSED SHED -- , er:, ---=�- I -+,) ! 0 i ...:I i I I I I I s/ i � I l -+,) I I � ! ...:I O I ! I iJ i ••• l J_ ;. e .--------,- � 1 == N II il '! l 4-CAR GARAGE . . __ ...;_. _� � Lot 6 8 �11 , 111 1" , . Ir \�\ , , \ . \ \ , I en I I\,�. , I ·\� •A . • , .. • . ••: ••• •- •• • • • BIG DIPPER DRIVE 42.00' R.-:0-W w II ...-3 � � w w � ------ -··· LEGEND � OLD OAK ESTATES PLANS DESIGN SPOT W/ELEVATION - DRAINAGE FLOW ARROW W/SLOPE ! £ SCALE: 1 •=30' CONTRACTOR: NoCO Custom Homes LLC Attn: Jason Jones 5225 White Willow Drive, A 100 Fort Collins, Colorado 80528 Phone: (970} 223-5533 OWNER: SHURIGAR TYLER/HOPE 4030 BIG DIPPER DR. Fort Collins, Colorado 80528 SITE ADDRESS; 4030 Big Dipper Drive Fort Collins, Colorado 80528 SITE LEGAL DESCRIPTION: Lot 6, Old Oak Estates Fort Collins, Colorado GRADING PLAN RETAINING WALL E\UHDVRQRIH[FHSWLRQDOSK\VLFDOFRQGLWLRQVRURWKHUH[WUDRUGLQDU\DQGH[FHSWLRQDOVLWXDWLRQVXQLTXHWRWKH SURSHUW\LQFOXGLQJEXWQRWOLPLWHGWRSK\VLFDOFRQGLWLRQVVXFKDVH[FHSWLRQDOQDUURZQHVVVKDOORZQHVVRU WRSRJUDSK\WKHVWULFWDSSOLFDWLRQRIWKHFRGHUHTXLUHPHQWVZRXOGUHVXOWLQXQXVXDODQGH[FHSWLRQDOSUDFWLFDO GLIILFXOWLHVRUXQGXHKDUGVKLSXSRQWKHRFFXSDQWDSSOLFDQWRIWKHSURSHUW\SURYLGHGWKDWVXFKGLIILFXOWLHVRU hardshipDUHQRWFDXVHGE\DQDFWRURPLVVLRQRIWKHRFFXSDQWDSSOLFDQW LHQRWVHOILPSRVHG WKHSURSRVDOZLOOSURPRWHWKHJHQHUDOSXUSRVHRIWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHGequally well or better thanZRXOGDSURSRVDOZKLFKFRPSOLHVZLWKWKHVWDQGDUGIRUZKLFKWKHYDULDQFHLVUHTXHVWHG WKHSURSRVDOZLOOQRWGLYHUJHIURPWKH/DQG8VH&RGHVWDQGDUGVH[FHSWLQDnominal, inconsequential way ZKHQFRQVLGHUHGLQWKHFRQWH[WRIWKHQHLJKERUKRRG 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. +RZHYHUIRUJRRGFDXVHVKRZQE\WKHDSSOLFDQWWKH=RQLQJ%RDUGRI$SSHDOVPD\FRQVLGHUDRQHWLPHPRQWK H[WHQVLRQLIUHDVRQDEOHDQGQHFHVVDU\XQGHUWKHIDFWVDQGFLUFXPVWDQFHVRIWKHFDVH$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioner’s Representative must be present at the meeting Location/D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date6HFRQG7KXUVGD\RIWKHPRQWK7LPHDP 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 4030 Big Dipper Drive 80528 4030 Big Dipper Drive Tyler Shurigar 303-588-5574 3.5.2 shurigar@gmail.com UE - Urban Estate Hope Shurigar 4030 Big Dipper Drive 303-437-4387 hopus30@msn.com See attached letter 8/21/2019 Tyler Shurigar 1. Hardship Additional Justification Additional Justification