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HomeMy WebLinkAbout03/14/2019 - Zoning Board Of Appeals - Summary Agenda - Regular MeetingRalph Shields, Chair Shelley La Mastra, Vice Chair Bob Long John McCoy Taylor Meyer 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 MARCH 14, 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 ZBA190004 Address: 204 2nd Street Owner/Petitioner: Jacob & Katherine Castillo Zoning District: R-L Code Section: 4.4(D)(2)(b), 4.4(D)(2)(d) Project Description: The variance request is to allow a new covered front porch to encroach 8.25 inches into the required 5-foot side-yard setback and 4.67 feet into the required 20-foot front yard setback. The existing house currently encroaches into the side yard setback 5 feet. 2. APPEAL ZBA190005 Address: 3405 S. Timberline Rd. Owner: 2001 Danfield LLC Petitioner: Nicole Vatrano Zoning District: E Code Section: 3.8.7.2(B)Table B Project Description: This is a request to exceed the maximum 2-foot width of a vertically oriented wall sign by 9 inches as well as allowing internal illumination where only indirect is permitted. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 March 14, 2019 3. APPEAL ZBA190006 Address: 717 Eastdale Dr. Owner: Gerda Wilcox Petitioner: Jeff Gaines Zoning District: N-C-L Code Section: 4.7.E.3, 4.7.E.4, 3.8.19(A)(6) Project Description: The variance request is to encroach 3.5 feet into the required 5-foot side-yard setback and 3.5 feet into the required 5-foot rear-yard setback. Additionally, the eaves on the side and rear to be a 0-foot setback when a 2.5-foot setback is required. 4. APPEAL ZBA190007 Address: 131 S. Sherwood St. Owner: Sharon Getz Petitioner: Jeff Gaines Zoning District: N-C-M Code Section: 4.8 (D) 3, 4.8 (E) 3 Project Description: The variance request is to increase the allowed floor area in the rear-half of the lot. The maximum allowed floor area in the rear-half is 701 square feet. The proposal brings the total to 1283.5 square feet in the rear-half. The existing structure already exceeds the maximum floor area in the rear-half. An additional variance request is to allow an attached garage addition to encroach 10 feet into the required 15-foot rear-yard setback. 5. APPEAL ZBA190008 Address: 140 N. Bryan Ave. Owner: James & Meaghan Nally Petitioner: Heidi Shuff Zoning District: N-C-L Code Section: 4.7(D)(3) Project Description: The variance request is to construct a rear 586 square foot addition to the existing 768 square foot home at 140 N Bryan St. The addition is within the overall allowable square footage for this 5207 square foot lot, but is 142 square feet over the 650 square feet allowed in the rear half of the lot. 6. APPEAL ZBA190009 Address: 525 Smith St. Owner: Daniel Regan Petitioner: Wes Gunter Zoning District: N-C-M Code Section: 4.8(E)(4) Project Description: The variance request is to build an addition to the primary home a portion encroaches 2 feet in the required 5-foot side-yard setback and another portion encroaches 1.5 feet into the same setback. • 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 ___Nicole _________Vatrano ______________________________ 12/5/2018 Additional Notes Regarding Signage Actual proposed sign will be much smaller at 13'-3 3/4" 13'-6" above grade Per sign #3 "mad" will be orange acrylic faces and "wire" will be white acrylic faces. (not the black shown here) Tower Structure projects out 6' from east elevation 13'-3 3/4" 6'-0" 3'-0" 11'-6" 2'-7 3/8" 2'-9" 2'-1 5/8" 250'-0" Proposed Vertical Sign 200'-0" 1 Explanation of Variance Request for 717 Eastdale Drive This variance request seeks a reduction in the NCL district 5’ side and rear alley setbacks for a small, open carport cover to be constructed on four posts over an existing flagstone single car parking pad at the southwest corner of this lot. The requested setbacks are 1’-6” for both the alley and side, with eaves kept within the property lines. The owner has no intention of enclosing this structure at any point, and doing so would be precluded for several reasons: • Due to the small size of the structure, it would not be useable to park a car inside if enclosed. • The existing flagstone parking pad would not be conducive to later enclosing as would be the case for a new concrete pad. • A building permit would be required for enclosing the structure, and doing so in a manner acceptable to the building department would be very difficult given the limited fire separation distance to the side property line. 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: A number of existing constraints make locating the new cover to comply with standards significantly more costly and negatively impactful than the requested location: • The existing parking pad, which would be left in place, is located tight to the southwest corner of the lot. • The alley is a foot higher in elevation than the back of the lot. There is a retaining wall along the alley, and the existing parking pad is built up to the alley elevation. To the east of the pad is a walkway down at yard level and then a storage shed also at yard level. Expanding the parking pad to the east would entail building up to alley elevation, a new retaining wall at its edge, removal and replacement of the walk, and impacts on the shed; all of which would make any change in location costly. • Immediately to the north of the pad is a large, mature tree that the owner and city would like to preserve. The existing parking pad and proposed cover are already tight to this tree, and no further shift to the north would be possible without removal of major limbs. 2 Justification Criteria 3 - Proposal will not diverge from the standard except in a nominal, inconsequential way when considered in the context of the neighborhood: The requested setback reductions for this small structure are unlikely to stand out in the context of the neighborhood and alley: • Structures small and large are found well within side and rear setbacks throughout the NCM and NCL districts • The primary context for this structure is the alley it sits in, running behind Eastdale drive in an ‘L’ shape and connecting Stover and Laurel. In this alley, multiple small sheds and structures are in place in similar locations at rear corners of lots. Because it is adjacent to lots off Stover, Eastdale, Locust, Kenroy Court, Colorado Street, and Laurel, which have a variety of configurations, there is not a standard building pattern that would cause this structure to stick out. There is very little view of the structure possible from Stover or Eastdale. • On this lot in particular, two small sheds are already in place 2’ off the alley. The larger, 16’X8’ shed adjacent to the proposed structure was approved for its location by variance with support of neighbors in 2008. • The proposed structure has a similar height and size to the existing shed, and, being open on four sides, would block little openness not already blocked by the large tree and shed. • No view would be blocked along the alley by the structure.                                                                  -,  # -!!,   -  " . ( *"  1 Explanation of Variance Request for 131 South Sherwood Street This variance request seeks the following modifications to Fort Collins NCM district standards: • An increase in lot rear FAR to allow an upstairs bathroom to be added on the second story over the existing house, as well as a small attached garage and connecting link to be added onto the west side of the house off the existing first story. The allowable rear floor area for this lot is 701 square feet, at 33% of the rear half of the lot per NCM standards. The existing house is 90 square feet over this limit, at 37%. The proposed upstairs bathroom would add 76 square feet, and the proposed garage addition would add 317 square feet, bringing the total overage to 483 square feet, at 55%. • A decrease in the lot rear setback to allow space for the attached garage. The required rear setback in the NCM district is 15’ for conditions other than an alley, which applies to this lot. This proposal seeks a reduction to 5’, which is the equivalent of a side or rear-alley setback in the NCM district. The homeowner, Sharon Getz, has lived at 131 South Sherwood for many years, having first bought it as a dilapidated duplex in 1984 and working over the next several years to fix it up into a single family home. After some intervening years and other homes, Sharon again bought this house in 2006 as an abandoned foreclosure, and again worked to fix the home back up. Sharon cares deeply about both this house and the neighborhood. Her goals for this project are to make the house safer and more suitable for aging in place, as well as more visitor friendly for her children and grandchildren. Floor plans have been included in the variance materials to aid in understanding the proposed additions. As part of preparing the first floor of the house for aging in place, the existing bathroom is to be remodeled to include a walk in shower instead of the current tub shower. A tub would instead be located upstairs in the proposed second bathroom. Laundry space would be moved down to the first floor and accommodated in a small connecting link as part of the proposed garage addition. Finally, the garage would give Sharon a secure and sheltered place to park. These improvements would help make the house functional for years to come for Sharon, and have been approached with the goal of keeping the scope and scale of changes to the existing house to a minimum. While there is plenty of space within the lot’s total FAR limit to add the proposed additions, due to physical constraints of the lot, as well as location and layout of the existing house, there would be no suitable way to add on without the requested modifications from NCM standards. At the same time, given the small size of the existing home and unobtrusiveness of the requested additions, they should not be detrimental to the public good. 2 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: At 85’ deep, this is one of the shallowest lots in the NCM district, and the existing one- and-a-half story house sits mostly in the rear half as a result. At 50’ wide, and 4,250 square feet, this is also one of the smaller lots in the NCM district. Still, with downstairs and half story upstairs totaled (see later discussion on upstairs floor area), this small 1,308 square foot home is 754.5 square feet under the allowable lot FAR of 2,062.5 square feet. The proposed additions would add 393 square feet to the house, still leaving the house 361.5 square feet under the allowable lot FAR. For the proposed additions, the rear half of the lot is the best option for adding space, both from the perspective of the character of the house itself and that of its place in the neighborhood. The house is landmark eligible and follows the generous front setbacks typical along Sherwood St. In the front half of the lot facing east toward Sherwood, the house features a one-and-a-half story gable with historic windows, and covered porch toward the corner intersection. While buildable space exists towards the front and in front of the house that is not in the rear half of the lot, doing so would have the greatest detriment to preserving the house, as well as involve much greater construction impact. Locating the garage in the rear of the lot also affords the greatest possible distance between the proposed new driveway and the intersection of Sherwood and Oak. Justification Criteria 3 - Proposal will not diverge from the standard except in a nominal, inconsequential way when considered in the context of the neighborhood: In considering the rear FAR modification, it is important to stress that this is, and will continue to be, a modestly sized home for the neighborhood. NCM standards include all floor area, including that under 7’-6” in height, in the primary dwelling; but exclude this area in accessory buildings. Were the low ceilings and minimal volume of the half-story upstairs accounted for in the same way as in an accessory, this is currently a 1,006 square foot house, and would be 1,378 square feet with both proposed additions. The new house currently under construction next door to the north of this lot will be 3,188 square feet, close to three times the size of this house. In terms of height, this house will continue to have a 23’ height to top of ridge, while the new neighboring home will have a 30’ height to top of ridge. A plan and elevation of this house with proposed additions in relation to the new neighboring house has been provided. The changes in massing proposed for this house are unlikely to stand out in general in the neighborhood, let alone in the context of the larger houses like the one next door that can be built in the full depth lots along Sherwood. While the garage addition would occupy currently open yard area at the rear of the lot, its impact on openness behind the house is mitigated in several ways. First, it is pushed back against the north setback line, and is set back from the south edge of the house. This preserves 3 a pocket of open space toward Oak Street in the southwest corner of the lot. This open area is reinforced by the generous ROW width and detached sidewalk along Oak Street, with the garage sitting 45’ back from the street. Second, the garage addition would be compact in volume, stepping well down from the height of the existing house. This would continue to define the existing open area behind the house. Given the size of the new house under construction to the north, the garage addition would not block out any view or openness from Oak Street not already to be obstructed by the neighbor. Instead, the garage addition’s presence would only serve to screen a small lower portion of the neighboring home’s south façade. When viewed in the larger context of the neighborhood, the reduction in rear setback being requested for this lot would be difficult to recognize or distinguish from side or alley conditions where 5’ is the requirement. While shallow corner lots are common, there is no prevailing pattern for their size, relationship to rear-adjacent neighboring lot, or layout of structures. Many such lots feature existing buildings within the 15’ rear setback for conditions other than an alley, and in many cases these setbacks are well under 5’. Below are examples of nearby shallow corner lots with detached garages in a similar position to the proposed garage addition (printouts have been included with the application materials): • 431 W. Oak • 228 S. Sherwood (garage is on side, not rear, property line) • 129 S. Whitcomb • 301 S. Whitcomb (driveway comes off front in this case) • 431 W. Mountain • 529 W. Mountain                                                       ! "                 &'( "    #  $%     &'(            , )," ,           &$ $'    &$ $'             -.  !     (    ,          *                   &'(       !$%,"$%,  ($, * %$&, " #          (            &'( &'(     '    "      '    " &'( /      "            /      "           &'( ZBA190007 – 131 S. Sherwood 1 ZBA190007 – 131 S. Sherwood 2 ZBA190007 – 131 S. Sherwood 3 715 W. Mountain Avenue Fort Collins, CO 80521 February 12, 2019 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Request for 140 N. Bryan Street To Whom It May Concern: On behalf of my clients, James and Meaghan Nally, I am requesting a variance to Section 4.7(D)(3) of the Fort Collins Land Use Code, which states that the allowable floor area on the rear half of a lot shall not exceed twenty-five (25) percent of the area of the rear fifty (50) percent of the lot. They are proposing to construct a 586 SF one-story addition at the back of their existing 768 SF one-story home at 140 N. Bryan Street, which would require a variance to allow an additional 142 SF over the 650 SF allowed in the rear half of their lot. We believe their small, shallow lot creates a unique hardship. The lot is only 5,207 SF, whereas the minimum lot size in the NCL zone district is 6,000 SF, and is only 100 feet deep. Additionally, their existing home is set back approximately 20’-9” from the front property line (vs. the 15’ required front yard setback), shifting their home and the proposed addition further into the rear half of their lot. The homes within the immediate area are predominantly 1-story, and therefore a 1-story addition at the rear of our home is the contextually appropriate design solution to maintain consistency with the scale of the existing neighborhood. Lastly, we 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. We are asking for a variance of 142 SF over the allowable 650 SF in the rear half of the lot based on their lot area, which is an additional 22%. Additionally, the proposed addition has a low profile, as it’s a 1 story addition with a roof pitch to match the existing house. Even with the proposed addition, they would still be well within the total allowable square footage for their lot (1,673 SF proposed vs. 2,041 SF allowed). Thank—you for your consideration. Sincerely, Heidi Shuff Studio S Architecture, LLC Phone: 970.231.1040 e-mail: heidishuff@gmail.com 6,'( <$5' 6(7 %$&. 5($5<$5' 6(7%$&. )5217<$5' 6(7%$&. 6,'( <$5' 6(7 %$&. 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