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5/14/2020 - Zoning Board Of Appeals - Summary Agenda - Zba May Summary Agenda
Ralph Shields, Chair Shelley LaMastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Ross Cunniff Staff Liaison: Noah Beals LOCATION: Meeting will be held virtually with the Zoom link updated by May 11, 2020 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 14, 2020 8:30 AM ZONING BOARD OF APPEALS AGENDA Participation for this remote Enter Board or Commission Name meeting will be available online or by phone. No one will be allowed to attend in person. Public Participation (Online): Individuals who wish to address the Zoning Board of Appeals via remote public participation can do so through Zoom (Zoom Meeting Link TBD, posted by May 11, 2020). Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 8:15 a.m. on May 14, 2020. Participants should try to sign in prior to 8:30 a.m. if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board or Commission. In order to participate: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. Public Participation (Phone): If you do not have access to the internet, you can call into the hearing via phone. The phone number and code will be posted here by May 11, 2020. (Continued on next page) Zoning Board of Appeals Page 2 March 12, 2020 • CALL TO ORDER and ROLL CALL • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA200011 Address: 2140 W. Elizabeth St. Owner: A and V LLC Petitioner: Mark Bruder with Schlosser Signs, Inc. Zoning District: N-C Code Section: 3.8.7.2 (B) Table B Project Description: This request is to increase the height of 4 wall signs. Two of the proposed wall signs would be an additional 7 inches in height, the maximum height is 1.5 feet. The other two wall signs would be an additional 1.85 feet in height, the maximum height is 1.5 feet. 2. APPEAL ZBA200012 Address: 137 Lyons St. Owner: Ellingson/Reed Revocable Trust Petitioner: Aaron R. Ellingson Zoning District: N-C-L Code Section: 4.7(E)(2) Project Description: This is a request for a covered front porch to encroach 7 feet into the required 15 foot front setback. 3. APPEAL ZBA200014 Address: 162 S. College Ave. Owner: 110 East Oak, LLC Petitioner: Michele Pullaro Zoning District: D Code Section: 3.8.7.2(D) Project Description: The meeting will be available beginning at 8:15 a.m. Please call in to the meeting prior to 8:30 a.m., if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted status. Documents to Share: If residents wish to share a document or presentation, the Staff Liaison needs to receive those materials via email by 24 hours before the meeting. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments you may have to nbeals@fcgov.com. The Staff Liaison will ensure the Board or Commission receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. Per Ordinance No. 061, all items presented in this agenda must be accompanied with an explanation of the reason each item to be considered by a Board or Commission is pressing and requires prompt action. Zoning Board of Appeals Page 3 March 12, 2020 This is a request to place a secondary fin sign an additional 4 feet away from and to the side of the entrance, the maximum allowed distance away is 3 feet above the entrance. 4. APPEAL ZBA200015 Address: 300 S. Whitcomb St. Owner: Thomas & Susan Viney Petitioner: Jeffrey J. Schneider Zoning District: N-C-L Code Section: 4.8(E)(3); 4.8(E)(4) Project Description: This is a request for a 240 square foot detached accessory structure to encroach 12 feet into the 15 foot rear setback and 2 feet into the 5 foot side setback. 5. APPEAL ZBA200016 Address: 1205 W. Mountain Ave. Owner: Edward & Michele Smithwick Petitioner: Heidi Shuff Zoning District: N-C-M Code Section: 4.7(E)(3);4.7(D)(5); 4.7(D)(3) Project Description: This request is for variances to build two accessory buildings. One accessory building with habitable space that exceeds the allowable floor area by 72sf, the maximum is 600sf, and it encroaches 10 feet into the rear-yard setback. The second accessory building exceeds the allowable floor area in the rear half of the property by 117sf and encroaches 10 feet into the rear-yard setback. 6. APPEAL ZBA200017 Address: 2510 Falcon Dr. Owner/Petitioner: Brandy Hodgson Zoning District: U-E Code Section: 4.2(D)(2)(c&d) Project Description: This is a request for two accessory structures to encroach into the side and rear yard setbacks. Accessory structure number one is requesting to encroach 3 feet into the required 25 foot rear yard setback and to encroach 7 feet into the required 20 foot side yard setback. Accessory structure number two is requesting to encroach 19 feet into the required 25 foot rear yard setback. • OTHER BUSINESS • ADJOURNMENT February 25, 2020 FOCO Zoning Board of Appeals 281 N. College Ave. Fort Collins, CO 80524 To whom it may concern: The goal of this variance letter and attached documents is to express the hardships placed on Dutch Bros Coffee due to pre-existing conditions of their property and zoning. The requested changes are nominal and inconsequential when considered in the context of the neighborhood. Dutch Bros Coffee is opening a new location in the area and has been working tirelessly to make a name for itself. The property and building they have purchased will allow for a quick, accessible drive thru experience as well as comfortable indoor and outdoor seating areas. #1) Unfortunately, due to a large number of trees located in and around their store front, visibility of their proposed signage is tremendously lacking. Coupled with the landscape issues above, the current code’s 18” height restriction would reduce the Dutch Bros sign to 4’-9” wide. Similar to King Soopers signage, the Dutch Bros logo is stacked with the channel letters placed above their signature tri-color coffee “bullet.” #2) Due to this design the height restriction would cause the visibility, legibility and efficacy of the sign to be reduced tremendously. The overall height that we would request for a variance is 25” allowing the sign to be 8’ wide and legible from the street. In an attempt to keep the signs to scale per the Dutch Bros branding, we would also request that the windmill logo be allowed a 40.25” height. #3) This adjustment would not be detrimental to the public good or place any undo hardships or visual anomalies to the neighborhood. Allowing for a 25” overall height of the channel letters and 40.25” height of the windmill logo will not stray from the Land Use Code other than in a nominal way. Yet the increased size will address the landscape and visibility hardships Dutch Bros is facing in this new location. If viewing the letter height and tri-color coffee “bullet” separately, their heights are well within the allowance of the code at 15” and 13.5” high respectively. Thank you for your consideration. Zoning Variance Guidelines The Zoning Board of Appeals and Planning, Development & Transportation (PDT) Director have been granted the authority to approve variances from the requirements of the Land Use Code Articles 3 and 4. 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 or 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. EACH VARIANCE REQUEST WILL BE ADDRESSED IN ONE OF TWO WAYS: 1. The PDT Director may review variance requests that meet the following criteria: a. A setback encroachment of up to 10% b. A fence height increase of up to 1 foot. c. In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in the rear half of the lot increase of up to 10%, provided the increase does not exceed the allowable floor area for the entire lot. d. A building height increase of up to 1 foot. 2. The Zoning Board of Appeals will hear all other variances that do not fall within the above criteria. • Hearing Deadline: The normal deadline for applying for a variance is no later than 3:00 p.m., the second Tuesday of the month prior to the month of the meeting. However, two or three times per year the deadline for applying may differ, so it is a good idea to check with the Zoning Department to confirm the date. • Hearing Location: The Zoning Board of Appeals meets on the second Thursday of each month beginning at 8:30 a.m. at City Hall in the City Council Chambers at 300 LaPorte Avenue. The petitioner or his/her representative must appear at the meeting. 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, the PDT Director may consider a one-time 6-month extension to any approved variance 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. Updated 02.18.20 SUBMITTAL REQUIREMENTS The application for a variance must contain the following: A. Application form and filing fee ($25.00) plus $.75 (75 cents) for each address included in section D below. The required information must be submitted to Zoning Staff prior to the application deadline. The applicant must sign the application form for the request to be placed on the Zoning Board of Appeals agenda. The Zoning Office is located on the first floor at 281 N. College Avenue. B. A digital copy of the application materials must be submitted via flash drive. Please include: 1. Written statement explaining reason for requesting variance 2. Site or plot plan of the property, drawn to scale, showing setbacks. 3. Landscape plan 4. Project or Sign drawings 5. Architectural elevations 6. Other relevant documentation C. Notification letters will be mailed to neighboring owners. Staff will generate the list of names and mailing addresses of all owners of record of adjacent property within 150 feet of all the subject property for most applications. However, the N-C-L and N-C-M zones require a list of names and mailing addresses within 500 feet of the subject property when planned construction of in a 2 story house if the house on the abutting lot is 1 story; or if construction of a new house is greater than 2,500 square feet; or if an addition results is a total square footage of more than 3,000 square feet. Staff will mail notification letters with a description of the variance request to these owners before the Zoning Board of Appeals meeting. Procedure to appeal the Board’s decision A. Any decision made by the Zoning Board of Appeals may be appealed to the City Council, but no new information can be presented. B. Any party who wishes to appeal a Zoning Board of Appeals decision must submit a written protest to the City Clerk within fourteen (14) days of the date of the Zoning Board of Appeals decision. The submittal form can be found on the City Clerk’s website at www.fcgov.com/cityclerk/appeals.php WHAT TO EXPECT AT THE ZONING BOARD OF APPEALS MEETING • Roll Call • Approval of Minutes from previous meeting • Staff Presentation • Applicant Presentation • Audience Participation: Any interested parties may speak in favor or in opposition of petitioner’s variance request. • Board Discussion: The Board will discuss the variance request, ask additional questions, and reach a decision or table the item. • Vote: The Board will vote to approve, approve with conditions, deny, or table the variance request. Any decision made by the Zoning Board of Appeals may be appealed to the City Council. FOR ADDITIONAL INFORMATION REGARDING THE ZONING VARIANCE PROCESS, PLEASE CONTACT OR VISIT THE CITY OF FORT COLLINS ZONING DEPARTMENT AT 281 N. COLLEGE AVENUE; 970-416-2745; OR EMAIL Zoning@fcgov.com Updated 02.18.20 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 __________________________________________ Updated 02.18.20 ZONING VARIANCE APPLICATION ADDENDUM 137 LYONS ST. REASONING: Equal to or better than This proposed front porch cover will promote greatly improve the historic character of this 1922 bungalow. The existing porch deck is an eyesore that is not compatible with the historic architecture of the period. The porch cover will bring the house in line with neighboring homes of this era which, almost without exception, have a covered front porch. I have been working since buying the home in 2005 to renovate in the historic style (including replacing the cement/asbestos siding and restoring the windows). The front porch cover is part of this renovation. See the diagrams for the proposed structure in the historic style. Nominal or inconsequential The proposed porch cover does not significantly increase the footprint of the existing front patio. The existing patio is a substantial 8x24 ft. deck approximately 30 – 34 inches above grade and constructed of brick and concrete. Only an additional 12 inches of setback encroachment is necessary for appropriate footers/piers at the front (see drawings). The existing and proposed eave overhang is 24 inches. This house has had partial porch covers in the past that imposed on the setback to the same degree. In 2005 I removed a fiberglass and steel cover that we found to be aesthetically unsatisfactory. I believe there was a prior cover before that one as well. Nearby homes have existing structure at similar setback to this proposal. 138 Lyons has nearly identical encroachment of the covered front porch. Similarly, 1401 La Porte has a covered side porch at a similar distance from Lyons St. The adjacent alley on one side, and dense hedgerow on the other, reduce the visual contrast with adjacent houses built within the prescribed setback. Hardship The existing uncovered front porch represents a significant hazard in winter months as it easily ices over even with regular shoveling. A porch cover will greatly enhance the safety of the house entrance. Due to the position of the house on the lot, a variance would be needed for any porch covering. I 3+ L YvNS !?X l ST l ;V&- .s I rl=T FL A Al ,s-' I ! i l ' I ···- ~ IS 1 512Te4'.t<. I 1 fiOv\ t:;;1: ( lAICt.., etAve:s) L_, J r 5o't-/"/.0 ( ~ Cr fl', .,p._ A {r~ -1 ___ ..__·•·--•-,-s.-·-~ _.,,,,,-""'' --"'""'"' .,.,-,I, t'}{ l $ r t J\1 Gi '$ I lJ. 2. t./ g x > .cJ 11 { '-, J co~cR cTc / 1Vf ~so,vt2.y pA rto W l T1-f ST I\- i R.S + i~ A l L..l Al bi . I J's!- LYvdS P~oPc?SG't ., tT'c 1s' l i l l ~ ' ' L '(OIJ5 ::,'T" r-· -, f ' l 1 I '~ --,, -· --i f:· "'- - -"- '- _,_; - - - -, f I ~ -~ _-..__ ---= - :.. If'. -\ :-'<1 .\ .. I I . ·, .t--\ o v... s e ({ ,JCL, E Avt.:S}i I i l l ______ _ '),... I I ! 'u .J .J <. -----··-I k., {(.)_f<c) .VEY<l!>Pa'5et. . C I Nl p~o C ~ JV, fj IN& fDRL'rf <' t ~' .eAVE".S) ! i _.,.., ~-~.1 r-- \ '-..._, fS"j..\!;.t .. fAIG.<t '6 1 i<2t.f 1 '-_: ,:;(~) C-<..? /\) '- R /?IF" I tv1 4' c.' Al ~ y f A -r-- 1 ~ v I , rf4. t'~ .s ,I- QA IL IA/& l O ( ~--- - -----·---- J I '.b I ~ ') I \) I l f- \) if\ i=- "CL ' \."' ~ I~ 'j a ~ ~ ~ ,.r, -J "'" <~ ~ rt- ~ i=' :r i <"' -::, ~ Vi/? - ~ ~ ' f c-j ___ 1\ i -~II! , ' L' I ' I L_J-IJ~·J ·., ~-I Ur I j ' 1 ~ U) 'S t-: £) \,) V) (J V) ~ t\_ -0 ~ r) ;_:_.- J II\ \!J ~ rt- ~ N"- '\ <~ L I:_ TRUST AGREEMENT OF THE ELLINGSON·/ REED REVOCABLE TRUST This Agreement is made on March ft-, 2018, by AARON RAY ELLINGSON and JUSTINE REED residents of Larimer County, Colorado (subsequently "Trustees") . called "Settlors"), and (subsequently ARTICLE I - NAME OF TRUST called This trust will be known as the ELLINGSON / REED REVOCABLE TRUST. ARTICLE II - FAMILY STATEMENT ARTICLE III - TRUST ESTATE Settlors assigns, conveys, transfers and delivers to Trustees the real estate property described as: 137 Lyons Street, Fort Collins, CO 80521, with a legal description of: LOT 8, BLOCK 2, VAN SLYKE SETZLER, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO. PARCEL# 9710411008. This property and all benefits of asset payable to Trustees by reason of Settlors' deaths, shall constitute the trust estate. ~_ ,., ...- .. -,· ¥!_ c::· 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 Zoning Variance Guidelines The Zoning Board of Appeals and Planning, Development & Transportation (PDT) Director have been granted the authority to approve variances from the requirements of the Land Use Code Articles 3 and 4. 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 or 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. EACH VARIANCE REQUEST WILL BE ADDRESSED IN ONE OF TWO WAYS: 1. The PDT Director may review variance requests that meet the following criteria: a. A setback encroachment of up to 10% b. A fence height increase of up to 1 foot. c. In the N-C-L, N-C-M, and N-C-B zone districts, the allowable floor area in the rear half of the lot increase of up to 10%, provided the increase does not exceed the allowable floor area for the entire lot. d. A building height increase of up to 1 foot. 2. The Zoning Board of Appeals will hear all other variances that do not fall within the above criteria. • Hearing Deadline: The normal deadline for applying for a variance is no later than 3:00 p.m., the second Tuesday of the month prior to the month of the meeting. However, two or three times per year the deadline for applying may differ, so it is a good idea to check with the Zoning Department to confirm the date. • Hearing Location: The Zoning Board of Appeals meets on the second Thursday of each month beginning at 8:30 a.m. at City Hall in the City Council Chambers at 300 LaPorte Avenue. The petitioner or his/her representative must appear at the meeting. 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, the PDT Director may consider a one-time 6-month extension to any approved variance 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. Updated 02.18.20 SUBMITTAL REQUIREMENTS The application for a variance must contain the following: A. Application form and filing fee ($25.00) plus $.75 (75 cents) for each address included in section D below. The required information must be submitted to Zoning Staff prior to the application deadline. The applicant must sign the application form for the request to be placed on the Zoning Board of Appeals agenda. The Zoning Office is located on the first floor at 281 N. College Avenue. B. A digital copy of the application materials must be submitted via flash drive. Please include: 1. Written statement explaining reason for requesting variance 2. Site or plot plan of the property, drawn to scale, showing setbacks. 3. Landscape plan 4. Project or Sign drawings 5. Architectural elevations 6. Other relevant documentation C. Notification letters will be mailed to neighboring owners. Staff will generate the list of names and mailing addresses of all owners of record of adjacent property within 150 feet of all the subject property for most applications. However, the N-C-L and N-C-M zones require a list of names and mailing addresses within 500 feet of the subject property when planned construction of in a 2 story house if the house on the abutting lot is 1 story; or if construction of a new house is greater than 2,500 square feet; or if an addition results is a total square footage of more than 3,000 square feet. Staff will mail notification letters with a description of the variance request to these owners before the Zoning Board of Appeals meeting. Procedure to appeal the Board’s decision A. Any decision made by the Zoning Board of Appeals may be appealed to the City Council, but no new information can be presented. B. Any party who wishes to appeal a Zoning Board of Appeals decision must submit a written protest to the City Clerk within fourteen (14) days of the date of the Zoning Board of Appeals decision. The submittal form can be found on the City Clerk’s website at www.fcgov.com/cityclerk/appeals.php WHAT TO EXPECT AT THE ZONING BOARD OF APPEALS MEETING • Roll Call • Approval of Minutes from previous meeting • Staff Presentation • Applicant Presentation • Audience Participation: Any interested parties may speak in favor or in opposition of petitioner’s variance request. • Board Discussion: The Board will discuss the variance request, ask additional questions, and reach a decision or table the item. • Vote: The Board will vote to approve, approve with conditions, deny, or table the variance request. Any decision made by the Zoning Board of Appeals may be appealed to the City Council. FOR ADDITIONAL INFORMATION REGARDING THE ZONING VARIANCE PROCESS, PLEASE CONTACT OR VISIT THE CITY OF FORT COLLINS ZONING DEPARTMENT AT 281 N. COLLEGE AVENUE; 970-416-2745; OR EMAIL Zoning@fcgov.com Updated 02.18.20 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 __________________________________________ Updated 02.18.20 = ."( =# !T;F E0 :!E .! /"-£lwqrr¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤r klmnlopqrsttmquu! nw! nr oqmyz{ xtqrqpwnxou! xonornuwmnpw! uwnnplwnxou! uwnnplwnxour uwnnplwnxour qluxonor ! ûüýþÿ ýþÿýÿÿý ý þüÿ ## 0 1 2 'R .! BJD88 0;B1D88 0;BCDE:, < . xtq! ' $' ÿþ ,E EU <)% # .868:88:= ;' ?'( F6E 3 ÿþý = F808: ý 6 .=| Variance Request- 1205 W. Mountain Avenue Objective: Construct a new 288 SF shed and 672 SF detached garage with loft above at the rear of the property at 1205 W. Mountain Avenue Reasoning: 1. Nominal & inconsequential : • The property is a corner lot, whereby the rear property line acts as the side property line for the neighbors to the south at 107 Scott Avenue, which only requires a setback of five (5) feet. The existing garage (which will be demolished prior to construction of the new garage) is accessed from Scott Avenue and is already located five (5) feet from the rear property line. • The lot is 13,000 SF, which is much larger than the majority of old town lots. The proposed 672 SF garage is only 5.2% of our total lot area, whereas a 600 square foot garage on the largest standard lot of 9,500 SF accounts for 6.3% of the total lot area. • The increase in floor area within the rear half of the lot of 117 SF over the allowed 1,625 SF (for a total of 1,742 SF) is only a 7% increase over the allowable area for the rear half of the lot. • The triangular area of wall/eave that extends above the maximum 10’ eave height along the west side lot line is only 23 SF, and the proposed shed is a small structure with a total height of only 13’-4 ½” (vs. the allowable height of 20’-0”). 2. Hardship: • The property is a double lot (100’ wide and 13,000 SF), but due to the existing front setback off Mountain Avenue of twenty-nine (29) feet (vs. the standard fifteen (15) foot front yard setback), they would be left with only 2’-7” between the house and garage if they were to locate the garage at the required fifteen (15) foot rear yard setback, whereby the garage would block the existing windows on the south side of our house, require a new curb cut off Scott Avenue, require removing the existing back patio for replacement with a new driveway, and result in a fifteen (15) foot wide remote and largely unusable strip of yard south of the garage (as opposed to utilizing the open space between the patio and back yard). • The location of the existing house on the lot (with a 29’ set-back from the front property line and 37’ setback from the west property line) presents a hardship, as 782 SF of the existing home is located within the rear half of the lot. Even with the proposed shed and garage, we’re still well within the total allowable square footage for the lot (2,809 SF proposed vs. 4,150 SF allowed). Variance Request 1205 W. Mountain Avenue April 14, 2020 Page 2 3. Equally to or better than: • Within the NCL zone district, off-street parking areas are to be accessed from the alley or from an existing driveway that has a curb-cut along a public street per Section 4.7(F) (5) of the Fort Collins Land Use Code. Therefore, they would not be able to build a new garage that would be accessed from Mountain Avenue, since they already have a curb cut off Scott Avenue, even though their west side yard is quite large, with approximately thirty-seven (37) feet from our home to the west property line. Therefore, a new detached garage at the same five (5) feet rear yard setback as the existing detached garage would be the best placement not only for their property, but also within the context of the neighborhood. • Since the west and south property lines both act as side lot lines for the neighboring properties, the proposed orientation of the shed’s gable roof would be equal or better than rotating the gable to meet the maximum eave height along the west side lot line. 715 W. Mountain Avenue Fort Collins, CO 80521 April 14, 2020 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Requests for 1205 W. Mountain Avenue To Whom It May Concern: On behalf of my clients, Edward and Michele Smithwick, I am requesting (4) variances to the Fort Collins Land Use Code in order to construct a new 288 SF shed and 672 SF detached garage with loft above at the rear of their property at 1205 W. Mountain Avenue. The first request is to Section 4.7(E)(3), which states the minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. The rear property line abuts a neighboring property, requiring a fifteen (15) foot rear setback. They are proposing to build the shed and detached garage with a loft above at a five (5) foot setback from the rear property line, whereby the proposed garage would be accessed from Scott Avenue via the existing curb-cut. The second variance request is to Section 4.7(D)(5), which states an accessory building containing habitable space that is located behind a street-fronting principal building shall contain a maximum of six hundred (600) square feet of floor area. They are proposing to construct a 672 SF detached accessory building with habitable space, which would allow for a two car garage and interior stair to the loft above. The third variance request is to Section 4.7(D)(3), which states 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 an additional 117 SF over the allowed 1,625 SF in the rear 50% of the lot. The last variance request is to section 4.7(F)(2)(b)(2), which states the exterior eave height of an eave along a side lot line shall not exceed ten (10) feet from grade for an accessory building containing no habitable space. They are proposing a 13’-4 ½” eave height (to the tip of the triangular gable roof) at the proposed shed west lot line, for a total of 23 SF of wall/eave above the allowed 10’ eave height. The lot is a double lot (100’ wide and 13,000 SF), but due to the existing front setback off Mountain Avenue of twenty-nine (29) feet (vs. the standard fifteen (15) foot front yard setback), they would be left with only 2’-7” between the house and garage if they were to locate the garage at the required fifteen (15) foot rear yard setback. This would be a very undesirable solution, as that garage placement would block the existing windows on the south side of our house, require a new curb cut off Scott Avenue, require removing the existing back patio for replacement with a new driveway, and they would be left with a fifteen (15) foot wide remote and largely unusable strip of yard south of the garage (as opposed to utilizing the open space between the patio and back yard). City of Fort Collins Zoning Board of Appeals April 14, 2020 Page 2 I believe the proposed location of the new garage & shed with a five (5) foot setback from the rear property line 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. The property is a corner lot, whereby the rear property line acts as the side property line for the neighbors to the south at 107 Scott Avenue, which only requires a setback of five (5) feet. Additionally, their existing garage (which will be demolished prior to construction of the new garage) is accessed from Scott Avenue and is already located five (5) feet from the rear property line. They intend to utilize the existing curb cut from Scott Avenue for vehicular access to the new garage. A detached garage at the rear of the property accessed from Scott Avenue with a five (5) foot rear yard setback would also 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. Within the NCL zone district, off-street parking areas are to be accessed from the alley or from an existing driveway that has a curb-cut along a public street per Section 4.7(F) (5) of the Fort Collins Land Use Code. Therefore, they would not be able to build a new garage that would be accessed from Mountain Avenue, since they already have a curb cut off Scott Avenue, even though their west side yard is quite large, with approximately thirty-seven (37) feet from our home to the west property line. For these reasons, I believe locating the new garage at the same five (5) feet rear yard setback as the existing garage would be the best placement not only for their property, but also within the context of the neighborhood. The increase in square footage for the proposed garage from 600 square feet to 672 square feet will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood. Their lot is 13,000 SF, which is much larger than the majority of old town lots. The proposed 672 SF garage is only 5.2% of our total lot area, whereas a 600 square foot garage on the largest standard lot of 9,500 SF accounts for 6.3% of the total lot area. Also, the additional area is to the west side of the proposed garage (to enclose the stairs to the loft above), adds only to the length of the structure and not the overall height, since the roof ridge runs east-west. The increase in floor area within the rear half of the lot of 117 SF over the allowed 1,625 SF (for a total of 1,742 SF) will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood, as this is only a 7% increase over the allowable area. Additionally, the location of the existing house on the lot (with a 29’ set-back from the front property line and 37’ setback from the west property line) presents a hardship, as 782 SF of the existing home is located within the rear half of the lot. Even with the proposed shed and garage, we’d still be well within the total allowable square footage for the lot (2,809 SF proposed vs. 4,150 SF allowed). Lastly, the increase in eave height of the proposed shed along the west property line will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood, as the triangular area of wall/eave that extends above the maximum 10’ eave height is only 23 SF, and the proposed shed is a small structure with a total height of only 13’-4 ½” (vs. the allowable height of 20’-0”). Additionally, City of Fort Collins Zoning Board of Appeals April 14, 2020 Page 3 since the west and south property lines both act as side lot lines for the neighboring properties, the proposed orientation of the shed’s gable roof would 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. Aesthetically, the desire is to match the roof pitch of the existing house for the proposed shed, and to run the ridge of the proposed shed in the same direction as the ridge of the proposed adjacent garage such that the double door for access to the shed is at the gable end on the east side of the shed, which allows easy access to the back yard & driveway to the east. Thank—you for your consideration. Sincerely, Heidi Shuff Studio S Architecture, LLC Phone: 970.231.1040 e-mail: heidi@studio-s-arch.com Attention: Zoning Review Board Subject: 2510 Falcon Drive Accessory Buildings; Permits B2002034 and B2002035 Documentation Included: • Written narrative explaining reason for requesting variance • Site plan demonstrating setbacks from roadway • Documentation of other examples of variances of the setback standards in our neighborhood (including a narrative and overhead examples) • Application Request - Variance from Land Use Code April 13, 2020 Dear Board Members, We are intending to build a detached garage and accessory building (shed) on our property at 2510 Falcon Drive. After many hours (days/ weeks/ months) invested in planning our site (and what we thought was our due diligence on researching the setbacks) we finally put in for our building permit last month, and unfortunately learned we were not approved. We had measured our setbacks from the property line, which gives us a 70 foot setback on our side (substantially greater than the required 20') and a 37 foot setback on the rear (again, greater than the required 25'). We were then told that the setbacks need to be measured from the right of ways that go through our property and not the parcel lines, and are requesting a variance from this aspect of the land use standard. Due to the unique circumstances of our property and neighborhood, we feel we have excellent rationale for a zoning variance which I will delineate below. 1. This variance would not be detrimental to the public good, nor the good of others in our small neighborhood. The structures we intend to build are both fully on our parcel and have no impact on either of the roadways (Falcon Drive and Moore Lane) that bound those sides of our property. The access to other homes will not be affected in the least, and the buildings are still well set off from the roadway. 2. Additionally, we feel we meet all of the three additional justifications: 1. The divergence from zoning which we are requesting is Unominal and inconsequential Uin the context of our neighborhood. We are bounded by unpaved roads that allow our neighbors to access their properties. Our structures would not impact the current roads. Additionally, there is precedence in our neighborhoods of buildings that are set much closer to (if not directly on) the Right of Way. The setbacks which we have proposed are greater than or equal to the precedence in our neighborhood. (See attached document delineating other examples of variances to the zoning standards on our neighbors’ property – both overhead photos and narrative) 2. Our proposal promotes the general purpose of the zoning standard (land use) by allowing an adequate buffer between the roadway and our structures Uequally wellU as the standard. 3. (Primarily) Because of the ‘exceptional physical conditions / situation of our property’ moving our accessory buildings to meet the land use code standard would create a Uphysical difficulty and hardshipU in allowing us to utilize our property. In our original proposal, we attempted to locate the buildings away from our house and closer to the roadway so that we could protect and preserve a natural meadow between them. Locating our building to meet the setbacks from the RoW instead of the Road (as requested) would move them into the middle of this meadow, creating an unusually large ‘alley’ of space behind the new garage and up to the roadway. We do not want to ‘cut off’ our parcel of land in this way – our wish is to maximize the use of our property and preserve our viewshed. We feel that moving these buildings an additional 20 feet into the meadow would constitute an emotional hardship for us. 3. Before submitting for a permit, we spoke with the Engineering Department at the City of Fort Collins to double check that we were leaving enough access to the RoW and inquire about future plans for the neighborhood. We were told that there was no future intention to develop the roadway further to include sidewalks. Therefore, being 3-5 feet off of the right of way would be sufficient. This is the information we based our site plan on. 4. We also feel that our unique circumstances have no impact nor effect on the neighborhood, nor our neighbors, and that the board of appeals process would take up unnecessary time and resources for the city. Our property was annexed from the County around a decade ago and has some ‘quirky’ qualities that we feel qualify us for special consideration rather than a prescribed standard of land use. 5. We are requesting to use the edge of the roadway to determine the start of our setbacks (which is in line with our neighbors’ accessory buildings) rather than the utility right of way. In this spirit, our current building plan would be in compliance with the spirit of the land use code and in line with the standards and use of our neighborhood. We are attaching the site plan demonstrating the setbacks as measured from the roadway. Again, we are requesting your re-consideration for the unique circumstances of our parcel due to our unique property circumstances. We very much appreciate your time and consideration. We welcome any questions and/or a conversation about our proposal. 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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$QH[WHQVLRQUHTXHVWPXVW EHVXEPLWWHGEHIRUHPRQWKVIURPWKHGDWHWKDWWKHYDULDQFHZDVJUDQWHGKDVODSVHG Petitioner or Petitioners Representative must be present at the meeting Location /D3RUWH$YH&RXQFLO&KDPEHUV)RUW&ROOLQV&2 Date 6HFRQG7KXUVGD\RIWKHPRQWK7LPH DP Variance Address Petitioners Name, if not the Owner City )RUW&ROOLQV&2 Petitioners Relationship to the Owner is Zip Code Petitioners Address Owners Name Petitioners Phone # Code Section(s) Petitioners Email Zoning District Additional Representatives Name Justification(s) Representatives Address Justification(s) Representatives Phone # Justification(s) Representatives Email Reasoning Date ___________________________________ Signature __________________________________________ Updated 02.18.20 If not enough room, additional written information may be submitted 162 South College Avenue Michele Pullaro Tenant 80524 2202 Dolan St., Ft. Collins, CO 80528 110 East Oak, LLC 970-430-8762 3.8.7.3 (D) mmpullaro@gmail.com Downtown Dan Seese 3830 Capitol Dr., Ft. Collins, CO 80526 970-226-0618 info@danseesestudios.com As per code, a projecting sign must be within 3 ft of the entrance. The reasoning for this, as explained to me by Noah Beals in planning, is to reduce visual clutter and to mitigate against confusion regarding which business is being identified. The accompanying documentation demonstrates that our proposed sign location functions equal to or better than that purpose and it’s effect will be nominal and inconsequential in context of the neighborhood. March 9, 2020 2. Equal to or better than 3. Nominal and inconsequential Additional Justification