HomeMy WebLinkAbout05/09/2019 - Zoning Board Of Appeals - Summary Agenda - Regular MeetingRalph Shields, Chair
Shelley LaMastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
Butch Stockover
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
MAY 9, 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 ZBA190016
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.
2. APPEAL ZBA190017
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.
• OTHER BUSINESS
• ADJOURNMENT
ZONING BOARD OF APPEALS
AGENDA
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 __________________________________________
227 West St
80521 2497 NW Newport Hills Bend, OR, 97703
Tim LeRoy 312.451.7679
D:3 (Floor area on rear 50% of lot) tim.leroy@gmail.com
NCM, Division 4.8
See additional explanation
4/1/19
1. Hardship
Additional Justification
Additional Justification
If not enough room,
additional written
information may
be submitted
227 West St Variance Application - Additional Background
We’re seeking a variance on the the section of the zoning regulations for District 4.8 that states
the floor area must not exceed 33% of the rear 50% of the lot.
Our lot is 7841 Sq ft, and as drawn, the additions to the existing structure would put the total
floor area on the rear 50% at 1772 sq ft. That puts us over the allowed limit for the floor area on
the rear of our lot by 479 Sq ft.
The existing structure (a 750 sq ft cottage, in need of some serious improvement) is situated on
the rear of the lot next to a concrete pad that’s ideal for a garage. The plans we’re putting before
you, which add square footage adjacent to the existing structure on the rear of the lot, seemed
to us like the best and most logical way to go. Alternatives would require the combination of a
really long skinny hallway to get more of the addition onto the front of the lot (which seems
quite wasteful) and likely eliminating part of the two-car garage structure.
More importantly though, if we were to add this long hallway to get to the front of the lot we
would also then lose much of our front yard, and with two small kids, we’re hoping to keep as
much contiguous open space on the lot as we can. There’s no way to do a backyard given the
existing structure so, keeping the front yard is our only way to do that.
We very much understand the city’s preference for backyards as opposed to front yards in this
area, but most of all we’d just like to have A yard, and this is really the only way to have one
without tearing the existing building down and starting over (which also seems quite wasteful).
I can’t speak for our neighbors, but I would think this plan is preferable from their perspective as
well. There are several other homes on the block with this same front-yard lot configuration, so it
won’t be out of character and I would assume our immediate neighbors would prefer to look out
their windows onto a yard instead of into our home.
We thank you for your consideration in this matter. We appreciate that rules and codes exist for
a reason and we wouldn’t be approaching you if we didn’t honestly believe that this was the best
option for us and our new neighbors.
Sincerely,
Tim LeRoy
UP
UP
DESK
CLOSET
POWDER
PANTRY
KITCHEN
FR/FZ
DINING
LIVING
ENTRY
COVERED
ENTRY
PATIO
747 EXITING HOUSE SQ.FT.
GARAGE 452 SQ.FT.
BENCH HOOKS
EXISTING CONCRETE
DRIVEWAY TO REMAIN
26' - 7 25/32"
32' - 8 13/32"
EXISTING HOUSE
19' - 4 3/32"
25' - 7 23/32"
6' - 11 3/8" 14' - 11 3/8" 17' - 8 9/32"
30' - 6" 9' - 0"
***DETACHED GARAGE 10' FROM HOUSE***
1149 NEW MAIN LEVEL SQ.FT.
10' - 6"
5' - 0"
BENCH HOOKS
MECH.
2' - 11 19/32" 4' - 11"
9' - 6" 3' - 6" 11' - 0"
10' - 6"
4' - 0"
3' - 6"
3' - 0"
6' - 0"
4' - 7 1/2" 5' - 7 1/2"
3' - 0"
3' - 11 5/16"
19' - 11 5/16"
4' - 5 3/8"
6' - 0"
10' - 0 11/16" 5' - 6 1/2"
15' - 11 15/16"
7' - 3"
13' - 4 23/32"
4' - 5 1/2"
4' - 1 3/4"
10' - 1 13/16"
2' - 11 9/32"
16' - 10 3/8" 20' - 11 5/16"
10' - 1 11/16"
22' - 0"
20' - 6" 10' - 6"
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
DN
DN
19' - 6"
TOTAL HOUSE = 2943 SQ.FT.
***CEILING HEIGHT 7'5"***
UNFINISHED SPACE
20' - 6"
EXISTING HOUSE
24' - 8"
MASTER BATH
CLOSET
MASTER
11' - 0"
20' - 2 1/2"
6" / 1'-0"
6" / 1'-0"
6" / 1'-0"
UPPER LEVEL 595 SQ.FT.
6' - 9 1/2" 6' - 0"
8' - 4 7/16"
15' - 11 1/2"
3' - 5 1/2" 3' - 6"
7' - 8"
9' - 8 3/16"
10' - 3 1/16"
3' - 6" 4' - 0"
22' - 0"
4' - 2"
4' - 0"
4' - 7"
21' - 0"
25' - 8 1/32"
31' - 0 11/16"
2943 - 250 (FIRST 250 SQ.FT. OF ACCESSORY BUILDING) = 2,693 SQ.FT.
595 + 452 + 747 + 1149 = 2943 SQ.FT.
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
A3 4/PRINTED15/2019 10:07:49 AM CURRENT SET DATE
UPPER LEVEL
ADDRESS
LEROY
1/4" = 1'-0"
1 UPPER LEVEL
EXISTING HOUSE TO REMAIN PAINT TO MATCH NEW ADDITION
6" / 1'-0"
6" / 1'-0"
18' - 6"
14' - 6 1/16"
9' - 0"
26' - 7 25/32"
CEILING HEIGHT ABOVE GARAGE IS 7'5"
7' - 5"
8' - 6"
0' - 6"
8' - 6"
25' - 0 23/32"
31' - 0 3/16"
5' - 6"
25.33' MAX HEIGHT 25.33' MAX HEIGHT
24' GARAGE MAX HEIGHT
16' - 8 11/16"
10' - 6"
20' - 6"
1' - 4" 0' - 10"
0' - 10"
PROPERTY LINE
REAR SET BACK
5' - 6" 30' - 6" 26' - 7 25/32" 10' - 0" 21' - 0" 1' - 6 9/16" 5' - 0"
6" / 1'-0"
6" / 1'-0"
EXISTING HOUSE TO REMAIN PAINT TO MATCH NEW ADDITION
6" / 1'-0"
19' - 4 3/32" 37' - 9 11/16" 5' - 6"
19' - 0"
25' - 6 23/32"
14' - 6 1/16"
CEILING HEIGHT ABOVE GARAGE IS 7'5"
20' - 6" 10' - 6" 26' - 1 25/32" 10' - 0 11/16" 20' - 11 1/2"
5' - 0" 1' - 6 9/16" 20' - 6" 10' - 6" 19' - 4 3/32" 6' - 9 11/16" 10' - 0 11/16" 6' - 8 5/16" 7' - 3" 7' - 0" 5' - 6" 3' - 6"
16' - 8 11/16"
PROPERTY LINE
REAR SET BACK
24' - 0"
25.33' MAX HEIGHT
24' GARAGE MAX HEIGHT
6" / 1'-0"
6" / 1'-0"
6" / 1'-0"
6" / 1'-0"
3' - 0"
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
A4 4/PRINTED15/2019 10:07:51 AM CURRENT SET DATE
ELEVATIONS
ADDRESS
6" / 1'-0"
18' - 6"
25' - 0 23/32"
7' - 2"
8' - 6"
18' - 6"
25' - 0 23/32"
5' - 0" 5' - 0"
7' - 2"
25' - 8"
0' - 10" 0' - 10"
8' - 6"
0' - 6"
1' - 7 17/32"
EXISTING HOUSE
SIDE SETBACK SIDE SETBACK
1' - 0"
2' - 0"
6" / 1'-0"
6" / 1'-0"
25.33' MAX HEIGHT 25.33' MAX HEIGHT
0' - 10"
PROPERTY LINE PROPERTY LINE
8196.56
6" / 1'-0"
8' - 6"
6" / 1'-0"
6" / 1'-0"
6" / 1'-0"
EXISTING HOUSE
24' - 0"
22' - 0"
5' - 0" 8' - 3 3/8" 22' - 0" 10' - 8 19/32" 5' - 0"
16' - 8 11/16"
16' - 8 11/16"
7' - 2"
24' GARAGE MAX HEIGHT
24' - 0"
13' - 0"
1' - 0"
0' - 6"
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
A5 4/PRINTED15/2019 10:07:53 AM CURRENT SET DATE
ELEVATIONS
ADDRESS
LEROY
1/4" = 1'-0"
1 EAST
1/4" = 1'-0"
2 WEST
DN
6" / 1'-0" 6" / 1'-0"
5' - 0"
15' - 0"
5' - 0"
5' - 0"
5" / 1'-0" 5" / 1'-0"
6" / 1'-0"
ALLEY
REAR SETBACK
SIDE SETBACK
SIDE SETBACK
FRONT SETBACK
4' - 6 15/16"
EXISTING HOUSE
EDGE OF EXTERIOR WALL
FOR NEW ADDITION
EDGE OF EXTERIOR WALL
FOR NEW ADDITION
6" / 1'-0"
6" / 1'-0"
6" / 1'-0"
6" / 1'-0" 6" / 1'-0"
0' - 10 9/16"
0' - 7 5/8"
ROOF OVERHANG
ROOF OVERHANG
EXISTING CONCRETE PATH
0' - 11 9/32"
0' - 6 23/32"
ROOF OVERHANG
6" / 1'-0" 6" / 1'-0"
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
C1 4/PRINTED15/2019 10:07:53 AM CURRENT SET DATE
SITE PLAN
ADDRESS
LEROY
OWNER: LEROY FAMILY
LOT 3
BLOCK 322
227 WEST ST.
FORT COLLINS, CO
SITE PLAN & GRADING NOTES:
1. 5% FINAL GRADE SLOPE AWAY 6" FROM BUILDING FOR 10' MIN.
2. STEEP GRADES 2:1+ REQUIRE ENGINEERING AS TO SOIL STABILITY.
3. RETAINING WALLS HIGHER THAN 4' TO BE ENGINEERED.
4. TOP OF FOUNDATION WALLS TO BE 6" ABOVE ADJACENT FINISHED
GRADE.
5. FOR DRIVEWAY LESS THAN 100', FIRST 20' 10% OR LESS.
6. FOR DRIVEWAY MORE THAN 100', FIRST 20' 5% OR LESS.
7. MAX. ALLOWED GRADE OF 12% FOR UP TO 250', 10% MAX REMAINING.
UP
UP
5' - 0"
15' - 0"
5' - 0"
5' - 0"
REAR SETBACK
SIDE SETBACK
SIDE SETBACK
FRONT SETBACK
REAR 50%
77' - 8 19/32"
462 SQ.FT.
984 SQ.FT.
REAR 50%
77' - 11 15/32"
168 (2) = 336 SQ.FT. WITH SECOND FLOOR ABOVE
TOTAL REAR 50% SQ.FT. = 1,772' SQ.FT.
50' - 0 7/16"
155' - 8 1/8"
336' + 984' + 452' = 1,772'
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
C2 4/PRINTED15/2019 10:07:53 AM CURRENT SET DATE
50% REAR DIAGRAM
ADDRESS
LEROY
1/8" = 1'-0"
1 50% REAR LOT DIAGRAM
UP
UP
1 A5
A4
2
A5 2
A4
1
5' - 0"
5' - 0"
EXISTING HOUSE
15' - 0"
5' - 0"
REMOVE TREE
EXISTING TREES REMAIN
EXISTING PATH TO REMAIN
NEW PATIO
NEW PATIO
NEW PATIO
GRASS TO REMAIN
GRASS TO REMAIN
EXISTING CONCRETE TO REMAIN
ADD CONCRETE IN FRONT OF GARAGE
THE USE OF THESE PLANS SHALL BE RESTRICTED TO
THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED
AND PUBLICATION THEROF IS EXPRESSLY LIMITED TO
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
C3 4/PRINTED15/2019 10:07:54 AM CURRENT SET DATE
LANDSCAPE PLAN
ADDRESS
LEROY
1/8" = 1'-0"
1 LANDSCAPE PLAN
8. DRIVEWAY STAKING & PROPERTY CORNER INSPECTION PRIOR TO
RECEIVING BUILDING PERMIT.
9. PIPE MAY BE REQUIRED IN RIGHT-OF-WAY FOR NATURAL DRAINABE TO
OCCUR (12" MIN) DETERMINED AT STAKING POSITION.
10. SOIL BEARING CAPACITY TO BE VERIFIED AT START OF EXCAVATION
AND PRIOR TO START OF FOOTING PLACEMENT.
ELECTRICAL SERVICE:
1. SERVICE SIZE TBD BY ELECTRICAL CONTRACTOR
2. UNDERGROUND SERVICE TO WALL - MOUNTED METER
3. 24" MIN. BURY OF 3" ELECTRICAL CONDUIT
4. 270 DEGREE MAX. SWEEPS
5. TOAL LINE LENGTH: TBD
GAS SERVICE:
1. SYSTM SIZE TBD BY GAS LINE CONTRACTOR
2. METER IS 3' MIN FROM ELETRICAL METER
3. THE MAX. AVERAGE GRADE SHALL NOT EXCEED 10%
GAS DEVICE BTU RATINGS:
1. SEE MECHANICAL
SITE MITIGATION PLAN:
1. CONSTRUCTION TO BE COMPLETE IN 12 MONTHS OR LESS
2. HOURS OF OPERATION ARE 7AM TO SUNSET, MONDAY THROUGH
SATURDAY.
3. HOURS OF OPERATION ARE 7AM TO SUNSET, MONDAY THROUGH
SATURDAY.
4. SITE CLEAN-UP TO BE PERFORMED DAILY.
5. TRASH AND OTHER DEBRIS MAY NOT ACCUMULATE OUTSIDE THE
DUMPSTER.
6. NOISE LEVEL SHALL BOT EXCEED 65 DECIBELS.
CONSTRUCTION MITIGATION:
1. MUD CONTROL AND STREET MAINTENANCE AS FOLLOWS:
A. MUD TRACKED ONTO THE STREET MUST BE CLEANED UP PRIOR TO
THE
END OF THE WORK DAY.
B. TRUCKS WILL ONLY BE LOADED WHILE PARKED ON PAVEMENT OR
CLEAN
GRAVEL.
C. THE ENTIRE DRIVE TO BE GRAVELED AT ALL TIMES DURING
CONSTRUCTION TO REDUCE MUD ON STREETS.
2. ALL MATERIALS TO BE LOADED INTO OR NEXT TO DRIVEWAY.
3. ALL DIRT STORED ON SITE WILL BE KEPT WITHIN THE L.O.D..
PARKING:
1. ALL CONSTRUCTION TRAFFIC TO PARK IN DESIGNATED AREAS AND NOT
ON STREET WITHOUT PROPER APPROVAL.
2. VEHICLES NOT TO BE LEFT ON SITE OVERNIGHT.
DELIVERIES:
1. DELIVERIES SHALL BE MADE ONLY DURING WORK HOURS.
SIGNAGE:
1. THERE SHALL BE A SIGN ON SITE PLACED WITHIN BUILDING ENVELOPE
SHOWING THE CONTRACTORS NAME AND PHONE NUMBER,
ARCHITECTS NAME AND NUMBER AND IDENTIFICATION OF THE
PARTICULAR JOB LOCATION BY EITHER HOMESITE ADDRESS OR
HOMESITE OWNER'S NAME.
2. THE SIGN SHALL NOT EXCEED (6) SF AND NOT (4) FT FROM GRADE.
CONSTRUCTION & SILT FENCE:
1. CONSTRUCTION FENCE LENGTH: TBD
2. SILT FENCE LENGTH: TBD L.F. (PLACED ON DOWNHILL SLOPE)
1/8" = 1'-0"
1 SITE PLAN
LEROY
1/4" = 1'-0"
1 NORTH
1/4" = 1'-0"
2 SOUTH
SUCH USE. RE-USE, RE-PRODUCTION, AND PUBLICATION
BY ANY PERSON AND/OR INSTITUTION IS STRICTLY
PROHIBITED AS PROVIDED BY COPY WRIGHT LAWS OF
THE STATE OF UTAH. VISUAL INSPECTION OF THESE
PLANS CONSTITUTES AGREEMENT TO THESE
RESTRICTIONS.
REVISIONS
A1 4/PRINTED15/2019 10:07:49 AM CURRENT SET DATE
LOWER LEVEL
ADDRESS
LEROY
1/4" = 1'-0"
1 MAIN LEVEL