HomeMy WebLinkAbout06/13/2019 - Zoning Board Of Appeals - Agenda - Regular MeetingRalph Shields, Chair
Shelley LaMastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
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
JUNE 13, 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 ZBA190009
Address: 525 Smith Street
Owner: Daniel & Lisa Regan
Petitioner: A. Wesley Gunter
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Project Description:
This variance request is to build an addition to the primary home. A portion encroaches approximately
2 feet into the required 5 foot side-yard setback.
2. APPEAL ZBA190018 – POSTPONED to July hearing
3. APPEAL ZBA190019
Address: 2613 Cedarwood Dr.
Owner: Tom Davis
Petitioner: Brad Martin
Zoning District: R-L
Code Section: 4.4(D)(1)
Project Description:
This is a variance request for a 240 square foot sunroom addition. The existing house has 1,803
square feet of floor area. The maximum floor area allowed is 1,764 square feet. With the addition the
total floor area is 2,043 square feet.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 June 13, 2019
4. APPEAL ZBA190020
Address: 432 Park St
Owner/Petitioner: James Swanson & Bonnie Brummer
Zoning District: N-C-M
Code Section: 3.8.19(A)(5); 4.8(E)(5)
Project Description:
This is a request for a stairwell to encroach 4'-0 3/4" into the required 15' street side setback and the
building to extend 1'-11" over the max building height of 25'4”.
5. APPEAL ZBA190021
Address: 313 Edwards St.
Owner: Claire Pederson
Petitioner: Heidi Shuff
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Project Description:
This is a request to encroach 2 feet into the required 5 foot side-yard setback. Existing addition to
home was built 2 feet into the setback; this request is rebuilding the roof with a steeper pitch and
increasing the height of the existing wall by 8.5 inches.
6. APPEAL ZBA190022
Address: 1022 W. Mountain Ave.
Owner/Petitioner: Jeffrey S. Pace
Zoning District: L-M-N
Code Section: 3.5.2(E)(3) and 3.8.11(C)(3)
Project Description:
This is a variance request to allow a 60 foot section of fence at a side yard to be 8 feet tall. The
allowed maximum height of the fence is 6 feet. In July of 2018 the Zoning Board of Appeals approved
a similar request for this property.
• OTHER BUSINESS
• ADJOURNMENT
Ralph Shields, Chair
Shelley LaMastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
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
MAY 9, 2019
8:30 AM
• CALL TO ORDER and ROLL CALL
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
LaMastra made a motion, seconded by Long, to approve the April 11, 2019 Minutes with the
condition that part of one sentence be removed.
Vote
Yeas: Stockover, Long, Meyer, Shields, McCoy, LaMastra
Abstain:
Nays: None
The Motion was carried.
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA190016 – APPROVED
Address: 227 West Street
Owner/Petitioner: Tim LeRoy
Zoning District: N-C-M
Code Section: 4.8 (D) (3)
Project Description:
The variance is for a single-family home and accessory building at 227 West Street to exceed
allowable floor area on the rear half of the lot by 671.61 square feet with a total of 1965.36 square
feet proposed on the rear half. The overall allowable floor area on the rear half of the lot is 1293.75
square feet.
Staff Presentation:
Beals showed slides relevant to the appeal and discussed the variance request. The original house is
entirely on the rear half of lot. The proposal is to add to the front of the existing building, but also add
a detached accessory building in the back. This variance is for additional square footage on the back
half of the lot. In this zone district the property is limited to a certain amount of floor area for the entire
ZONING BOARD OF APPEALS
MEETING MINUTES
Zoning Board of Appeals Page 2 May 9, 2019
lot and they are not exceeding this amount. What they are exceeding is how much of that floor area
can be in the rear half of the lot. There is a large open front yard right now. There was a garage
behind the existing structure previously.
Boardmember LaMastra asked if there would be living space in the accessory building. Beals
explained there is proposed habitable space on the 2nd floor above the garage. The proposal is below
the required 7.5 foot ceiling height on the 2nd floor, so this does not count towards the floor area.
Boardmember McCoy requested clarification to understand if the garage space counted towards the
total square footage. Beals confirmed the garage square footage is included in the total for this zone
district.
Boardmember Shields asked if the garage structure is meeting all height requirements as proposed.
Beals confirmed it is.
Applicant Presentation:
Tim LeRoy, 227 West Street, addressed the board. He is the new homeowner and will be moving into
this residence in the future. The existing structure is about 700 square feet. At one time it was part of
the Fort Collins affordable housing program. It needs some work and updates, but they would like to
salvage the structure. They discussed the option to demolish the current structure, but that would be
wasteful. Another option discussed was to connect the existing cottage to an addition on the front via
a hallway. They are a family of four and need the additional space. Or option 3 is to add to the rear
half of the lot. Three close neighbors all have buildings on the rear half of the lot. There is hardship
based on the location of the existing house and the desire to keep that house.
Boardmember LaMastra inquired as to the use of the space above the garage. Mr. LeRoy explained
both him and his wife work from home and this will be office space. They will not finish it right away,
would probably be storage first. LaMastra asked if there is a reason the accessory building is
detached so far back from the existing structure. Mr. LeRoy cannot remember the exact reason.
Beals explained the additional 250 square feet of allowable floor area for an accessory building
specifies there must be 10 feet of separation.
Audience Participation:
Amy Benton, 229 West Street, neighbor directly to the north of this property. Ms. Benton asked City
Staff if VRBO’s need to be licensed in this zone. Mr. Beals explained they refer to this type of property
as short term rentals, and they do require a license with the city. Ms. Benton stated there are a few
around them and they would not like one right next door. She also read a letter out loud from another
West Street neighbor. The author of the letter asked if the proposal has taken into account the impact
on the adjacent property and urges the city to consider the smaller existing neighborhood when
deciding whether a variance will be a friendly gesture or lack thereof. Ms. Benton is glad to see a
family moving in and glad to meet her new neighbor.
Phillip Benton, 229 West Street, addressed the board. Mr. Benton’s concern is the existing structure’s
close proximity to his property line. From the north looking south will be a giant wall three feet from
his property line, that’s going to rise 25-30 feet in the air. They will no longer be looking at a front
yard, they will be looking at a wall. Mr. Benton does not appreciate the practice of selling these single
occupancy HUD homes in a package deal when concerned neighbors have requested to have right of
first refusal.
Katherine Dubiel, 2936 Eindborough Dr., addressed the board. Ms. Dubiel drove by this property and
through the neighborhood and has seen the current bungalows. This proposal on a very narrow long
lot causes her concern. She does not agree this would be nominal and inconsequential to the
neighborhood. Accessory building with living space is also a concern. This could be a short-term
rental in the future if plumbing is included. This is way too much building on a narrow and small lot.
Beals reminded the board this variance is only for additional square footage in the rear half. The rest
of the proposal including the front addition is meeting most standards. Whenever a new building is
constructed, they are required to build to setbacks, not an existing structure. If any building is to
encroach into a setback, then a variance would be required. This new building meets the five foot
setback, even though the original building is only set back three feet. Also, if someone was operating
a short term rental, a license is needed with corresponding requirements.
Zoning Board of Appeals Page 3 May 9, 2019
Boardmember LaMastra requested confirmation that the height requirements are met for both
buildings. Beals confirmed both are within the appropriate parameters. LaMastra asked if the
accessory building is plumbed with bathroom and kitchen fixtures. Beals explained they are allowed
water and sewer to an accessory building. This is not a dwelling unit, therefore there are no cooking
appliances allowed.
Boardmember Long and Beals discussed this is not considered a dwelling unit, but is habitable space
to be used by those who reside in the primary structure. The accessory building is not an additional
dwelling unit, it’s part of the primary dwelling unit.
Boardmember Stockover requested confirmation that the existing building is not increasing in height.
Beals agreed, this proposal is for an addition onto the front.
Boardmember LaMastra stated that the rear lot line isn’t shown on the plans, but it appears the
existing house is completely on the rear half of the property. Beals confirmed the same.
Boardmember Meyer asked for the total allowable square footage for the whole lot. Beals specified
that it’s 3,210.25 square feet. Proposed total square footage is 1,965 square feet, but does not
include the second story of the accessory building. If they did include the 2nd floor and garage the
total would be 3,145 square feet, which is still below the allowable square footage. Meyer concluded if
the structure was more on the east half of the lot, the proposal could be a larger structure as allowed
by zoning code. Beals explained they could still not exceed the footprint because the accessory
building still has an allowable floor area and maximum footprint.
Boardmember Long also stated if there was a long hall then they could add more square footage on
the front of the house and not need a variance.
Beals stated if the accessory building was attached, then both floors would be counted towards the
square footage.
Boardmember LaMastra asked if the garage were attached to the cottage, then would the 2nd floor
count toward the square footage even though it’s below the ceiling height. Beals confirmed the same.
Applicant LeRoy responded to the neighbor concerns that they are not building in line with the current
setback, they are meeting setback requirements.
Chair Shields allowed Ms. Benton to ask for clarification on what the setbacks are. Board and staff
stated the side yard setback is 5 feet and vertical height allows 18 feet for side wall height. If it’s
higher than the 18 feet, then step backs are required. There is a diagram included in the application
packet on how the 2nd floor is stepping back and is well within regulations.
Chair Shields allowed Mr. Benton to approach the microphone again. Mr. Benton would have
preferred the applicant had gone higher on the existing cottage instead of the new construction with
an 18-20 foot wall facing their property.
Chair Shields replied, stating the architecture is designed to have only a single story at the 5 foot
setback for a distance of about 7 feet, and then the height increases to 18 feet.
Boardmember Long added that most cottages can’t support a second story as they normally lack the
proper foundation.
Chair Shields allowed Ms. Benton to address the board again. Her main concern is the space that
could be a short term rental in the future.
Boardmember Long stated short term rentals are a concern for much of our community.
Boardmember Stockover stated this property is not approved for a short term rental or a living unit
with a kitchen. Requested more information from Beals on the process to turn something into a short
term rental.
Beals explained if this property did not need a variance, they could have already been building this
structure without coming in front of the board. The only permit they have at this point in time is for
habitable space in the 2nd story of the garage. If they decided to move forward with a short term rental
license, they would have to go through a city review process. If they were meeting the standards of
the short term rental license, this would not require another variance. They have potential to move
forward with a short term rental license. If violations are found the city sends notice to get the property
back into compliance it can result in a summons to court.
Zoning Board of Appeals Page 4 May 9, 2019
Boardmember Meyer asked about the process when the applicant goes for a building review. Do the
requirements include an affidavit stating the owner will not be using that space as a dwelling unit.
Beals confirmed this is the case, a signed affidavit is filed with the Larimer County Recorder’s office
that this is not creating a dwelling unit.
Mr. LeRoy stated what he has proposed would not meet the requirements for short or long term
rentals, this is not in their plan.
Board Discussion:
Boardmember Long stated that property owners have a right to develop their property under the
code. We can’t limit what applicants do based on people’s fears or what could be done in the future.
Short term rentals are a valid concern. The issue with this variance is that the house is on the back of
the lot. Usually there is no foundation to allow for a 2nd story on these cottages. It would be hardship
to make the owners start from scratch.
Boardmember LaMastra inquired about the size of the garage that was previously taken down. Beals
cannot confirm the size of the previous structure. It appears about 75% of the new home is on the
front of the property. She is slightly bothered by the attached vs. detached structure and whether
square footage counts towards the total. She’s struggling with the space above the garage. She
understands it’s still under the allowable floor area for the lot. Acknowledged the neighbor’s concerns.
We can’t approve or deny based on what may or may not happen in the future.
Shields acknowledged the neighbors’ concerns, but also appreciates the architecture. The total
square footage is below what is allowable for the lot, and he is in support of this variance
Boardmember LaMastra agreed, the plans have stepped back both sides significantly, which speaks
to supporting the character of the neighborhood.
Boardmember Long made a motion, seconded by Stockover, to approve ZBA190016 for the
following reasons: The variance is not detrimental to the public good, the existing house sits
entirely in the rear half of the lot, an accessory structure existed in the rear lot before, the
proposed floor area does not exceed what is allowed for the entire lot. Therefore, strict
application of the standard results in exceptional practical difficulty caused by the exceptional
physical conditions unique to the property not caused by the act or omission of the applicant.
Vote:
Yeas: Stockover, Long, Meyer, Shields, McCoy, LaMastra
Nays: None.
The Motion was carried.
2. APPEAL ZBA190017 – APPROVED
Address: 1420 Banyan Drive
Owner/Petitioner: Mike & Angie Sweeney
Zoning District: R-L
Code Section: 4.4 (D)(2)(c)
Project Description:
The variance is to construct a sunroom at 1420 Banyan Dr, which encroaches 3 feet into the required
15 feet rear-yard setback.
Staff Presentation:
Beals showed slides relevant to the appeal and discussed the variance request. The rear of this
property faces a retention pond. This is an encroachment of 3 feet into the rear yard 15 foot setback.
The HOA built a fence that sits back about 3 feet from the property line, creating three feet of extra
land within the fenced backyard. Applicants thought they were meeting the setbacks originally, but
found out during the process that they were not.
Applicant Presentation:
Mike Sweeney, 1420 Banyan Drive, addressed the board. He explained the concrete slab in the
pictures will be removed. The front of the sunroom will extend approximately 10 feet off of the house.
The actual property line was a surprise to the owner, as they built the house and have lived there for
20 years. The owner and all the neighbors considered the back fence to be the property line. The
sunroom will be visually appealing and will not block anyone’s view.
Zoning Board of Appeals Page 5 May 9, 2019
Audience Participation:
(None)
Board Discussion:
Boardmember LaMastra requested the measurements from the fence to the edge of the sunroom.
Beals confirmed that is 15 feet. LaMastra stated this sounds nominal and inconsequential. The HOA
will not make everyone redo the fence. The perception is that this meets code. This was an error
made in the past, no fault of the owner.
Boardmember Stockover pointed out there is a large retention pond behind this property that will
never be built upon.
Boardmember LaMastra made a motion, seconded by Long, to approve ZBA190017 for the
following reasons: the variance request is not detrimental to the public good, the additional
HOA owned detention pond immediately behind the property provides enough separation to
meet a rear-yard 15’ setback making this nominal and inconsequential. 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 as contained in Section 1.2.2.
Vote:
Yeas: Stockover, Long, Meyer, Shields, McCoy, LaMastra
Nays: None.
The Motion was carried.
• OTHER BUSINESS
Amendment to Land Use Code Variance Requests
Beals presented the LUC changes to the board. This would allow staff level decisions to be made
prior to coming before this board. Beals presented the circumstances and thresholds of these
changes, including setback encroachments, a fence height increase, allowable floor area in the rear
half of the lot, and building height increases all within specific parameters. Also, once a variance is
approved, there is an expiration date to receive that building permit. Currently, an extension requires
them to come before the board again. Part of these changes are to allow the Director to approve this
one-time extension. If the applicant takes longer than that, they will need to come before this board
again with that request.
This item is before the board to seek a recommendation on the code changes.
Boardmember Lamastra asked if there are still notifications sent out to the surrounding property
owners, even if staff are approving these decisions. Beals confirmed there will be public notice, this
was brought up by a community member as well. Public notice will still be required 14 days prior to
the director’s decision.
Chair Shields agreed with what is addressed in these changes.
Boardmember Stockover made a motion, seconded by Long, to approve the draft ordinance to
City Council as it pertains to variances that come before this board and variances that can be
processed by the Director.
Vote:
Yeas: Stockover, Long, Meyer, Shields, McCoy, LaMastra
Nays: None.
The Motion was carried.
• ADJOURNMENT
Shelley LaMastra, Vice Chairperson Noah Beals, Senior City Planner-Zoning
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT JUNE 13, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190009
PROJECT DESCRIPTION
Address: 525 Smith Street
Owner: Daniel & Lisa Regan
Petitioner: A. Wesley Gunter
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Variance Request:
This variance request is to build an addition to the primary home at 525 Smith St. A portion encroaches
approximately 2 feet into the required 5 foot side-yard setback.
COMMENTS:
1. UBackground:U
The property was part of the original City of Fort Collins town Plat of 1873. The original structure was built
in approximately 1882. It is unclear on the number of alterations to the structure that have occurred.
The platted lot originally extended to E Myrtle Street. It has been subdivided into the three parcels. The
subject property is the larger of the three parcels.
A portion of the existing house encroaches 3.17 feet into the required 5 foot side-yard setback. This is less
then the proposed encroachment of 2 feet.
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 variance is not detrimental to the public good.
• The width of the encroachment is approximately 6ft
• The proposed encroachment is for a 1 story element with no windows
• The portions existing structure encroaches further into the same 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 as contained in Section 1.2.2.
4. URecommendation:
Staff recommends approval of APPEAL ZBA190009.
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Agenda Item 3
Item # 3 - Page 1
STAFF REPORT JUNE 13, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190019
PROJECT DESCRIPTION
Address: 2613 Cedarwood Dr.
Owner: Tom Davis
Petitioner: Brad Martin
Zoning District: R-L
Code Section: 4.4(D)(1)
Project Description:
This is a variance request for a 240 square foot sunroom addition. The existing house has 1,803 square feet of
floor area. The maximum floor area allowed is 1,764 square feet. With the addition the total floor area is 2,043
square feet.
COMMENTS:
1. UBackground:U
The property is was annexed into the City in 1971 as part of the Brown Farm annexation. It was later
platted in 1985, replatted in 1988 and replatted again 1991. It has been zoned residential from when it was
originally platted.
The R-L zone district requires a minimum lot size is 6,000 square feet or 3 times greater than the defined
floor area, whichever is greater. The defined floor are does not include basements and garage.
The lot size of the subject property is 5,292. The existing building exceeds the permitted floor area based
on the lot size
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 and finds that:
• Insufficient evidence has been provided to determine if the proposal is detrimental to the public
good.
• The lot is 708 square feet short of the minimum lot size for the R-L zone district and an increase of
floor area would not be nominal and inconsequential.
• Insufficient evidence has been provided in establishing a unique hardship to the property.
• Insufficient evidence has been provided in showing how the proposal supports the standards in
way equally well or better than a proposal that complies with the standards.
Therefore, the variance request.
4. URecommendation:
Staff recommends denial of APPEAL ZBA1900019.
Agenda Item 4
Item # 4 - Page 1
STAFF REPORT JUNE 13, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190020
PROJECT DESCRIPTION
Address: 432 Park St
Owner/Petitioner: James Swanson & Bonnie Brummer
Zoning District: N-C-M
Code Section: 3.8.19(A)(5); 4.8(E)(5)
Project Description:
This is a request for a stairwell to encroach 4'-0 3/4" into the required 15' street side setback and the building to
extend 1'-11" over the max building height of 25'4”.
COMMENTS:
1. UBackground:U
The property was annexed into the City as part of the Capital Hill Addition. The house was built in 1947. It
is unclear the number of alterations there have been.
The parcel is the original platted lot and has not changed. When the area was platted it included enough
public right of way for a sidewalk and parkway. The sidewalk has not been constructed along Sycamore
street.
The property line is 12’ away from the curb of the street. The existing house sits 18 feet from the curb of the
street. The required setback for a structure is 15 feet from the property line. The existing struct
Building height in the N-C-M zone district is measured by both stories and feet. The maximum building
height is 2 stories. A story height in the N-C-M is limited 12’8”. Therefore, the maximum building height in
the N-C-M zone district is 25 ‘4”.
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 variance is not detrimental to the public good.
• The encroachment into the setback is less than existing building’s existing encroachment
• The encroachment is if for staircase that is below grade and semi-transparent handrail that is less
than 4 feet above grade
• The increase building height is for a pitched roof that is not the full length of building.
• The visual appearance of the building is 2-stories.
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 as contained in Section 1.2.2.
4. URecommendation:
Staff recommends approval of APPEAL ZBA1900020.
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2968
5068
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2668 2668 2668
5068
101068
9080
11040DH2840DH11040DH
3068 12070
3068
DN
UP
N
E5
Elevation 5
E7
Elevation 7
6'
16'-4 1/2"
170'
9'
7'-6 3/4"
12'
9'-0 15/16"
11'-9 3/4" 8'-3 3/4" 17'-5 13/16" 12'-11"
23'-6 1/16" 4'-1 7/16" 3'-9 7/16"
7'-6 1/8"
11'-11 3/8"
7'-10"
CRAFTSMEN BUILDERS, INC 970-416-9300
SCALE: 1"=
ELEVATIONS
DESIGN BY:
CRAFTSMEN BUILDERS
5/1/19
2
SOUTH ELEVATION
NORTH ELEVATION
WEST ELEVATION
432 PARK ST.
8'
EAST ELEVATION
PROPOSED EXTERIOR STAIR
PROPOSED EXTERIOR STAIR
From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Variance Appeal ZBA190020
Date: Monday, June 10, 2019 5:34:51 PM
-----Original Message-----
From: Marrow, Matt <matt.marrow@cgi.com>
Sent: Sunday, June 2, 2019 3:12 PM
To: Noah Beals <nbeals@fcgov.com>
Subject: Variance Appeal ZBA190020
Hi,
I am unable to attend the Zoning Board of Appeals meeting scheduled for June 13.
However, I would like to offer my support for the application from James Swanson and Bonnie Brummer (appeal
ZBA190020).
Jim and Bonnie are great neighbors and assets to our local community and we wholeheartedly support their request
for a modest variance.
Best regards
Matt and Emma Marrow
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT JUNE 13, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190021
PROJECT DESCRIPTION
Address: 313 Edwards St.
Owner: Claire Pederson
Petitioner: Heidi Shuff
Zoning District: N-C-M
Code Section: 4.8(E)(4)
Project Description:
This is a request to encroach 2 feet into the required 5 foot side-yard setback. Existing addition to home was
built 2 feet into the setback; this request is rebuilding the roof with a steeper pitch and increasing the height of
the existing wall by 8.5 inches.
COMMENTS:
1. UBackground:U
The property was annexed into the City as part of the Lake Park Addition. It was later platted in the Crafts
Resub plat in approximately 1890. The lot size has not change from the original plat.
The original building was constructed in 1902. It is unclear the number of alterations that may have been.
The building currently encroaches 2 feet into the require 5 foot side-yard setback.
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 variance is not detrimental to the public good.
• The existing wall encroaches into the setback
• The length of the wall does not increase
• The 8 inches of increase in wall height is a one-story building element
• The proposal does not increase the floor area of the building
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 as contained in Section 1.2.2.
4. URecommendation:
Staff recommends approval of APPEAL ZBA1900021.
715 W. Mountain Avenue
Fort Collins, CO 80521
May 7, 2019
City of Fort Collins
Zoning Board of Appeals
281 N. College Avenue
Fort Collins, CO 80524
RE: Variance Request for 313 Edwards Street
To Whom It May Concern:
On behalf of my client, Claire Pederson, I am requesting a variance to Section 4.8(E)(2) of the Fort Collins
Land Use Code, which states that the minimum side yard width shall be five (5) feet for all interior side
yards.
The original 2-story home on the property was built in 1902, and an addition at the rear of the home was
built at some point after that. The existing addition contains an interior stair to a second story loft, which
provides access to the original second floor bedrooms. The second floor loft, which you pass through to
access the original bedrooms, has a very low ceiling (5’-10” at its highest point in the center of the room-
see attached photos), which is not code compliant and subsequently difficult to navigate. We’re
proposing to replace the roof of the existing rear addition with a slightly higher and steeper roof to allow
adequate (and code-required) head room at the top of the existing stairs, along the hallway to the existing
bedrooms, and within the new second floor bathroom created to serve the existing 2nd floor bedrooms
and renovated loft. The existing rear addition was unfortunately built within the current 5’ side yard
setback. Therefore, I am requesting a variance to encroach 2’-0” into the required 5’ side yard setback for
the length of the existing west exterior wall of the previous addition (approximately 18’-0” in length) in
order to increase the wall height by approximately 8 ½” to construct the proposed slightly taller and
steeper roof.
The siting of the existing home within the 5’ side yard setback creates a unique hardship in that a variance
is required in order to make any adjustments to the existing roof framing and/or west wall in order to
bring the existing interior stairway and second floor hallway into code compliance, thus making them
safer to navigate.
I also believe raising the existing west wall of the previous addition approximately 8 1/2” and replacing
the roof with a steeper roof 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. We’ve minimized the
height of the addition as much as possible so that we can provide the code-required head clearances at
the existing interior stairs, hallway to the existing bedrooms & new bathroom, while keeping the scale
down so that the original home remains dominant. The proposed wall height at the side lot line is 10’ tall,
which is considerably less than the maximum wall height of 18’ and the proposed roof height of 20’-6” at
the top of the new ridge is only 5 ½” higher than the original house’s ridge and well within the maximum
height of 2 stories (25’-4”). We are also significantly below the total allowable area for the site with the
proposed addition.
City of Fort Collins
Zoning Board of Appeals
May 7, 2019
Page 2
Thank—you for your consideration.
Sincerely,
Heidi Shuff
Studio S Architecture, LLC
Phone: 970.231.1040
e-mail: heidishuff@gmail.com
Attachment- existing loft interior photos
313 Edwards Street Existing 2nd floor addition looking North
313 Edwards Street Existing 2nd floor addition looking South
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From: Noah Beals
To: Kacee Scheidenhelm
Subject: FW: Appeal ZBA190021
Date: Monday, June 3, 2019 8:38:02 AM
From: J@JJ <jack@jackjewell.com>
Sent: Monday, June 3, 2019 7:12 AM
To: Noah Beals <nbeals@fcgov.com>
Subject: Appeal ZBA190021
Noah,
I got the notice regarding the appeal for 313 Edwards.
I have the property at 301 Edwards. I am fine with the variance.
I have not been able to reach them regarding another issue. Ask them if they would like to fix the
fence - I will pay for 1/2 of the expense. It’s just old and bent over.
You can pass my contact information on to them. Thanks
Jack Jewell
P: 720-971-3511
E: Jack@JackJewell.com
Agenda Item 6
Item # 6 - Page 1
STAFF REPORT JUNE 13, 2019
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190022
PROJECT DESCRIPTION
Address: 1022 W. Mountain Ave.
Owner/Petitioner: Jeffrey S. Pace
Zoning District: L-M-N
Code Section: 3.5.2(E)(3) and 3.8.11(C)(3)
Project Description:
This is a variance request to allow a 60 foot section of fence at a side yard to be 8 feet tall. The allowed
maximum height of the fence is 6 feet. In July of 2018 the Zoning Board of Appeals approved a similar request
for this property.
COMMENTS:
1. UBackground:U
This property was redeveloped in 2015. It was fueling station with convenience store that was subdivided
into six single-family attached lots and 1 commercial lot. This is the most eastern residential lot of the
redevelopment. It is zoned Low Density Mixed-Use Neighborhood (L-M-N). The abutting lot to the east is
zoned Neighborhood Conservation Low Density (N-C-L). Within the last year, this abutting property has
increased in buildings and building size and is under construction.
An existing 6 ft. tall fence exists on the property line. There is a change in grade at the property line as well.
In July of the 2018 the Zoning Board of Appeals approved a request to for an 8 foot tall fence for 50 feet of
the length of the property. This approval was conditioned that the height did not increase if a retaining wall
was also to be built.
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 lattice is not opaque and still provides some transparency.
• The lattice is constructed of similar materials of the fence.
• The lattice is for 60 feet of the full 145 feet length of the property line
• The view of the increase fence height from the public right of way is minimal.
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 ZBA1900022.
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15' 30' 5'
12'
14'-4"
17'-0 11/16"
4'-0 3/4"
63'
23'
10'-10" X 11'-4"
7'-9" X 18'-10"
5'-8" X 11'-4"
8'-1" X 30'-0"
11'-11" X 7'-3"
11'-5" X 22'-8"
17'-4" X 15'-2"
16'-4" X 5'-9"
14'-6" X 15'-6"
GARAGE
Font of existing house
Gridded area is portion of existing foot print to remain
PORCH
ENTRY
ENTRY
DINING
LIVING
KITCHEN
BEDROOM BATH
MIDPOINT OF LOT
5' set back from South property line
15' SET BACK from North property line
Sycamore ST.
Alley
Park St.
Proposed exterior stair to basement
encroaches into the set back by 4' -3/4"
Existing Garage
CRAFTSMEN BUILDERS, INC 970-416-9300
SCALE: 1"=
DESIGN BY:
CRAFTSMEN BUILDERS
5/1/19
1
432 PARK ST.
Plot Plan
LOT STATS:
ZONING NCM
LOT SIZE 8500 SF.
F.A.R FOR ENTIRE LOT (25% OF LOT SIZE+ 100O + 250) 3375SF
PROPOSED F.A.R 2895SF
F.A.R. FOR BACK 50% OF LOT (33% OF 4250) 1402.50 SF
PROPOSED F.A.R FOR BACK OF LOT 1362.00 SF
10'
432 PARK ST.
FT.COLLINS, CO. 80521
LEGAL DESCRIPTION:
LOT 10, BLOCK 304, CAPITAL HILL ADDITION, FTC
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