HomeMy WebLinkAbout1/9/2020 - Zoning Board Of Appeals - Agenda - Jan 2020 AgendaRalph Shields, Chair
Shelley LaMastra, Vice Chair
John McCoy
Taylor Meyer
Ian Shuff
Butch Stockover
Council Liaison: Ross Cunniff
Staff Liaison: Noah Beals
LOCATION:
City Council Chambers
300 LaPorte Avenue
Fort Collins, CO 80521
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make
special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
JANUARY 9, 2020
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 ZBA190049
Address: 710 W. Mulberry Street
Owner/Petitioner: Jesse Struckhoff
Zoning District: N-C-M
Code Section: 4.8(E)(3)
Project Description:
The variance request is to allow an attached carport to encroach 14.5 feet into the required 15 foot rear-
yard setback.
2. APPEAL ZBA190050
Address: 224 W. Harmony Road
Owner: Moreland Properties LLC
Petitioner: Mark Bruder, Schlosser Signs
Zoning District: C-G
Code Section: 3.8.7.2 (G) Table (G)(2)
Project Description:
This is a variance request to install a 12 foot tall free-standing sign encroaching 11 feet into the required
15 foot setback from the public right-of-way.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 January 9, 2020
3. APPEAL ZBA190051
Address: 1418 West Oak Street
Owner: Barbara Hoehn
Petitioner: Jeff Gains, HighCraft Builders
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)3.; 4.7(F)(1)(e),
Project Description:
This is a request to build an accessory structure that will include both a garage and habitable space and
requires two variances. The first variance is to allow an additional 503 sq ft of floor area to the lot when
the maximum floor area allowance is 4,525 sq ft. The second variance is to allow a 2-story accessory
structure when only a 1 1/2 story is permitted. Code requires 40% of the floor area of the "2nd story"
should have a ceiling height of less than 5 feet. This proposal would have 0% under 5 feet.
4. APPEAL ZBA190052
Address: 132 Bryan Avenue
Owner: Holly E Field Trust
Petitioner: Holly Field
Zoning District: N-C-L
Code Section: 4.7(E)(2)
Project Description:
The variance request is to allow a covered porch to encroach 2 feet into the required 15 foot front yard
setback.
• OTHER BUSINESS
• ADJOURNMENT
Ralph Shields, Chair
Shelley La Mastra, Vice Chair
Bob Long
John McCoy
Taylor Meyer
Ian Shuff
Butch Stockover
Council Liaison: Ross Cunniff
Staff Liaison: Noah Beals
LOCATION:
City Council Chambers
300 LaPorte Avenue
Fort Collins, CO 80521
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make
special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
DECEMBER 12, 2019
8:30 AM
• CALL TO ORDER and ROLL CALL
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
Stockover made a motion, seconded by Shuff, to approve the November 14, 2019 Minutes.
The motion was adopted unanimously with Long abstaining.
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA190046 – APPROVED
Address: 515 Cowan Street
Owner/Petitioner: Allison Shaw & Arjanus De Bruijn
Zoning District: C-L
Code Section: 3.8.3
Project Description:
The variance is to store bicycles in an accessory building as part of a home occupation. Home
occupations are required to operate from the primary building, not an accessory building.
Staff Presentation:
Beals showed slides relevant to the appeal and discussed the variance request, noting just north of
this property are some commercial properties operating in structures that were originally residential.
This proposal is for the owner to still live in the primary structure and have the bikes for their business
stored in the garage, separate from the house. There is also a trailer stored on the property for
hauling the bicycles to other locations. Bike rental customers do not come to this property, they are
rented from other locations, this site is only for storage. The main purpose of the standards is to
reduce the impact of a business in a residential neighborhood. Home occupation specifies that the
owner must reside on the property and that is the case in this variance.
ZONING BOARD OF APPEALS
MEETING MINUTES
Zoning Board of Appeals Page 2 December 12, 2019
Applicant Presentation:
Allison Shaw, 515 Cowan Street, addressed the board. This business is not much of a business, they
just started this endeavor last spring, they have not made any money and they are not quitting their
regular jobs. This is a fun activity for them, they also offer free rides to the public periodically. The
applicants are hoping to be able to store their approximately 20 bicycles in the trailer and garage. If
they are not granted the variance they will be storing the bikes in their basement, which is challenging
because of their toddler. Ms. Shaw does not think this is abnormal behavior for residents to store
bikes in a garage or to have a trailer, a lot of their neighbors do as well. Once the bikes are stored
they are not visible. They bought their house a couple of years ago, and there is no indication on the
house that this is also a business.
Audience Participation:
Beals did receive one phone call from a neighbor regarding this variance request. The neighbor owns
one of the businesses to the north of this property. Their concern was that the owners were running
the whole house as a business and wanted to know if this property would be charged utilities as a
business. Beals clarified this is a still a home and as a home occupation they would still be charged
residential rates for utilities.
Vice Chair LaMastra asked if they are storing the bicycles in the garage and in the trailer. Ms. Shaw
confirmed this is the case. LaMastra inquired if there is a limit to how much this storage can expand,
are there a certain number of trailers that are too many, and do they cap the number of bikes that can
be stored on the property.
Beals confirmed this board can put conditions on the motion to limit the expansion. Home
occupations in general are not supposed to take more than 50% of the primary structure.
Vice Chair LaMastra asked if they are parking vehicles in the garage as well. Ms. Shaw confirmed the
same. They are filling the trailer with bicycles first and then using the garage as overflow.
Board discussion regarding the trailer versus the garage, they are both entities other than the primary
residence.
Board Discussion:
Long brought up previous variances they have seen that are similar to this one – constructing and
selling banjo’s, retail knitting sales out of a garage, etc. This is not the applicant’s primary business,
other communities wouldn’t even require a variance for this. Long supports the code but also
supports a board that understands this is reasonable, especially adjacent to other businesses. Long
supports the variance.
Meyer said that it may not appear as a business today, but this could grow. Would this be a different
discussion if there were 100 bikes versus 20 bikes? Long stated they would have to find different
circumstances if that were the case, it would not be sustainable to keep the business there, the owner
would need to hire staff and the business would expand elsewhere.
Boardmember Shuff made a motion, seconded by Long, to approve ZBA190046 under section
2.10.2(H), on the criteria that the variance is not detrimental to the public good, the C-L zone
district allows for a mix of uses, on the same block face other residential structures have been
converted to nonresidential uses, the bicycles will be stored completely within the garage or
trailer, and the use of the garage does not exceed 50% of floor area of the primary structure.
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.
Yeas: Stockover, Meyer, Long, Shields, Shuff, McCoy, LaMastra. Nays: none.
THE MOTION CARRIED, THE ITEM WAS APPROVED.
2. APPEAL ZBA190047 – APPROVED
Address: 1736 Concord Drive
Owner/Petitioner: Devin A. Martinez
Zoning District: R-L
Code Section: 4.4(D)(2)(c)
Project Description:
The variance is for a proposed accessory building to encroach 5 feet into the required 15 foot rear-
yard setback.
Zoning Board of Appeals Page 3 December 12, 2019
Staff Presentation:
Beals showed slides relevant to the appeal and discussed the variance request, noting this is a
corner lot. The primary structure faces west and the abutting property to the east faces south. The
shared property line is a side setback for the property on the east, and for the subject property it is a
rear setback. In this zone district, when it was approved, there were different side setbacks than
typical in the R-L district. The side setbacks are currently 7 feet, and the rear setbacks remain the
standard 15 feet. The placement of the proposed structure would be on the northeast side of the
property, meeting the 7 foot setback of the north property line, but encroaching 5 feet into the 15 foot
rear property setback. The structure itself is one story in height and would be about 12 feet in length
that would be encroaching into the setback.
Applicant Presentation:
Devin Martinez, 1736 Concord Drive, addressed the board. This is not a hardship, not something they
have to do. However, their house is not very big, they’ve completed an addition once already. They
do not move because they love the neighborhood and their neighbors. The house does not have a
basement, just a crawl space. They’d like this as a livable space, some place for the kids to hang out
and probably include a murphy bed for family visits. Mr. Martinez has been in real estate his entire
career, they will ensure the structure is done correctly and it will add to the value of the property and
neighborhood. They have considered the neighbors and they have hired a landscape architect.
Chair Shields requested elevations to review. Mr. Martinez explained they do have elevations, but
unfortunately he did not bring them.
Vice Chair LaMastra asked if there would be a restroom in the accessory structure. Mr. Martinez
explained the space would be insulated and conditioned, but no restroom.
Discussion regarding the eave height and wall height. Mr. Martinez doesn’t know, doesn’t want the
building to be obtrusive, but would prefer higher or vaulted ceilings for market value. It would not be
taller than the closest portion of the primary structure. Beals confirmed there are limits that will be put
in place during the permitting process.
Audience Participation: (none)
Board Discussion:
Shuff stated the nature of the corner lot makes the rear yard setback greater than a typical lot, he
considers this a reasonable request.
Chair Shields agreed, they see these requests often. The applicant is still maintaining a 10 foot
setback which should be sufficient.
LaMastra stated this works well, also the landscape plan illustrates plenty of evergreens surrounding
the accessory building. There is to some degree a level of hardship on this type of lot.
Boardmember Shuff made a motion, seconded by Meyer, to approve ZBA190047 under section
2.10.2(H), in that the variance is not detrimental to the public good, the abutting neighbor has
a 7 foot setback from the shared property line, the width of the encroachment is 12 feet, the
accessory structure is one story. 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. As a board they feel the nature of the corner lot of the side yard versus rear
yard setback is considered.
Yeas: Stockover, Meyer, Long, Shields, Shuff, McCoy, LaMastra. Nays: none.
THE MOTION CARRIED, THE ITEM WAS APPROVED.
3. APPEAL ZBA190048 – APPROVED
Address: 821 W. Mountain Avenue
Owner: Jim & Jane Grant
Petitioner: Jeff Gaines, High Craft Builders
Zoning District: N-C-L
Code Section: 4.7(E)(4); 4.7(F)(2)(b)2.
Project Description:
The variance is to modify an existing garage. The proposed modifications will increase the wall height
to 14.75 feet of an existing building that encroaches into the 5 foot required side-yard setback by 3.5
Zoning Board of Appeals Page 4 December 12, 2019
feet. Additionally, the proposal increases the eave height to 14.75 feet, the required eave height is 10
feet.
Staff Presentation:
Beals showed slides relevant to the appeal and discussed the variance request, noting there is an
existing primary building and existing garage already on the property. The request is to modify the
current garage, taking the roof and rotating it so the gable ends faces towards the side property lines
and not towards the alley and the house. The variance request is required because when the
structure was originally built it was about 1.5 feet from the property line. The original house on the
property was scraped in 2007 and rebuilt, but the original garage was not scraped, just remodeled so
it still did not meet the setback. Code also limits the eave height that faces the side lot line which is
different now that the roof is being rotated and artistic elements are being added. The building will still
be used as a garage. There is a wall that would be expanded along the south end, but only to add a
pergola. Since it’s not a carport that does not count towards the floor area. The outside walls of the
structure do not change in footprint size or location. The accessory structure does abut another
accessory structure, therefore the impact may be minimal.
Vice Chair LaMastra inquired if the existing garage currently meets the eave height requirement.
Beals confirmed it does currently meet the eave height requirement, just not the setback requirement.
Applicant Presentation:
Jeff Gaines, 429 S. Howes Street with High Craft Builders, addressed the board. The homeowners
purchased this property over the summer and approached High Craft Builders about expanding the
garage. At that time, Jeff approached the city zoning department and learned there had already been
a variance on this property around 2007 when the house was built for the increase in square footage.
It was clear it would not be reasonable to ask for another floor area variance. After discussing with the
homeowners it became clear their goal was to give the building more presence in the backyard to
create a nice backdrop for the house. They want the garage to be a playful structure that felt more
like a cottage in the backyard even though it would remain a 2-car garage. The grade drops off about
4 feet from the house back so the existing building sits low relative to the house. The view from the
house looks down onto the ridge of the accessory building, so the owners want to increase the roof
height and change the direction of the gable. There is no change to the footprint or volume of the
garage. On the building height variance, the limit for an accessory building without habitable space is
10 feet, so the increased height is a triangular area of about 4 feet 9 inches above the 10 foot mark.
The homeowners are considering bringing water service out to the building, which would change it to
an accessory building with habitable space, and the starting height would be 13 feet. Then the
difference would only be 1 foot, 9 inches. Another benefit of rotating the gable would be the southern
exposure towards the alley since the homeowners are considering adding solar panels in the future.
There are other garages currently in the alley that are larger and do not meet the accessory building
requirements.
LaMastra asked why the homeowners want the water service. Mr. Gaines confirmed it would be hose
access for watering the landscape.
Audience Participation: (none)
Board Discussion:
Shuff stated the eave height is still low on the north and south ends. If they did bring water service to
this building, the variance is only for 1 foot 9 inches. This is a fairly common zoning request and more
of a design element in moving the gable orientation. He acknowledges the close lot line, but does not
have a problem with the variance.
McCoy stated the drawings look like a house and inquired if they can build a separate habitable
space in this zoning district. Beals clarified they could have habitable space, he would have to
calculate if the lot size was sufficient for an additional dwelling unit. However, all of the floor plans
regarding this structure reflect a garage. His understanding is that the owners just want to change the
look of the structure. Nothing they have seen indicates habitable space. McCoy asked if there are
utilities in the alley for water and sewer. Mr. Gaines responded the sewer access is located on
Mountain Avenue, based on where the sewer comes out of the house basement it might even be
impossible to have a connection to this garage. All of the elements that make this appear like a house
are purely ornamental. The volume remains for a garage, there is no loft space inside.
LaMastra agreed with McCoy’s statement, the structure appears to be a house, even has a chimney.
Zoning Board of Appeals Page 5 December 12, 2019
Chair Shields stated he would approve the variance, especially based on the context of the alley.
Boardmember Long made a motion, seconded by LaMastra, to approve ZBA190048 for the
following reasons: the variance is not detrimental to the public good, the increase eave height
is 14.5 feet in width of the building and tappers to zero feet, the overall wall increase is 40
square feet, and the proposed changes do not include a window on the west side. 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.
Yeas: Stockover, Meyer, Long, Shields, Shuff, McCoy, LaMastra. Nays: none.
THE MOTION CARRIED, THE ITEM WAS APPROVED.
• OTHER BUSINESS
• ADJOURNMENT
Ralph Shields, Chairperson Noah Beals, Senior City Planner-Zoning
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT January 9, 2020
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190049
PROJECT DESCRIPTION
Address: 710 W Mulberry Street
Petitioner/Owner: Jesse Struckhoff
Zoning District: N-C-M
Code Section: 4.8(E)(3)
Variance Request:
The variance request is to allow an attached carport to encroach 14.5 feet into the required 15 foot rear-yard
setback.
COMMENTS:
1. UBackground:U
The property was annexed into the City in 1887 as part of the Loomis annexation. The original plat did not
include two separate parcels that fronted onto Mulberry. It is assumed these two parcels were created at or
near the time the primary building was built in 1910.
In general, the purposes of setbacks, but not limited to, are to preserve neighborhood character, provide
safe passage for first responders and create separation for privacy. For this property the 15 foot rear
setback is the north property line. The abutting property to the north along the shared property line has a 5
foot side 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 denial and finds that:
• The 14.5 feet of encroachment more than doubles a nonconformity on the property and creates a
perceived 0 foot setback.
• Insufficient evidence has been provided in establishing a unique hardship to the property as there is
covered parking already on the site.
• Insufficient evidence has been provided in showing how the proposal supports the standards in a
way equally well or better than a proposal that complies with the standards.
4. URecommendation:
Staff recommends denial of APPEAL ZBA190049.
JFort —OtyoC Collins tl 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 shail not authorize any use in a zoning district
other than those uses which are specificaily 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 710 W Mulberry St.
Petitioner's Name,
If not the Owner
City Fort Collins, CO Petitioner's Relationship
to the Owner is
Zip Code 180521 Petitioner's Address
Owner's Name iJesse Struckhoff Petitioner's Phone # I
Code Section(s) Set Back Petitioner's Email
Zoning District lOld Town West Additional
Representative's Name
Justification(s) 1. Hardship Representative's Address
Justification(s) |2. Equal to or better than Representative's Phone # I
Justification(s) 3. Nominal and inconsequential Representative's Email
Reasoning
If not enough room,
additional written
information may
be submitted
Hardship: Current driveway and shop are within 2 feet of the property line. Set back of 15 feet
does not exist.
Equal to or better than: Will provide covered parking and and aesthetic barrier. Provide barrier
to neighbor's structures.
Nominal impact: Due to lot size (1/2 lot), current code set backs would prohibit this type of
imorovement. This structure will be on the backside of house and not visible from Mulberry.
Date
12-3-19 Signature _
Dear FC Zoning Department,
Thank you in advance for taking the time to review my variance request. The purpose for my request is
to see zoning approval to build a carport of the north end of my property. The lot on which my house
was build was a divided lot. The front of my house faces Mulberry. There is a garage on the mulberry
side that is shared via common wall with my neighbor to the east. In addition, the driveway off of
mulberry is shared. Therefore, the primary ingress and egress from my home is from the north in which
I have a concrete driveway on the north end of house which continues to the west end along the alley.
As part of a larger home renovation I plan to begin in spring 2020, I would like to add a car port along
the north side of my house. The car part will effectively cover 30 ft. of the driveway and create
sheltered parking and outside area. The challenge is the property line to the north is only 1’8” from the
edge of the driveway. Therefore, if I add a carport, the support posts would be approx. 2 ft. from the
fence line. However, this would be in line with an existing shop structure that is connected to the
shared garage.
Due to the unique split lot situation, I do not have an alternative location in which to locate the car port.
Aesthetically, the car port would not be seen from the front facing (Mulberry) side. Allowing this
variance would make the driveway much more usable with no impact to adjoining properties. As a side
note, the adjoining property already has several outbuildings directly against the fence.
I have reviewed the concept with the building department and discussed the requirement to use fire
rated materials due to lot line proximity.
Again, Thank you for reviewing the variance request and please let me know if I can provide additional
information.
Thank you,
Jesse Struckhoff
710 W Mulberry St.,
Fort Collins, CO 80521
jessestruckhoff@gmail.com
710 W. Mulberry Car Port Proposal - Setback Variance
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Agenda Item 2
Item # 2 - Page 1
STAFF REPORT January 9, 2020
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190050
PROJECT DESCRIPTION
Address: 224 W. Harmony Road
Owner: Moreland Properties LLC
Petitioner: Mark Bruder, Schlosser Signs
Zoning District: C-G
Code Section: 3.8.7.2 (G) Table (G)(2)
Variance Request:
This is a variance request to install a 12 foot tall free-standing sign encroaching 11 feet into the required 15 foot
setback from the public right-of-way.
COMMENTS:
1. UBackground:U
The property recently redeveloped from a vacant warehouse to a car dealership. The redevelopment
included many site changes including parking layout, building expansion and landscaping.
In between the time of approval and construction of the dealership there were alterations to the approved
plan.
In general sign standards are to reduce both sign clutter and driver distractions. The overall height of a sign
is permitted to increase as it is setback further from the public right-of-way.
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:
• This is a new sign and not a relocation of an existing sign.
• Insufficient evidence has been provided to determine if the proposal is not detrimental to the public
good.
• Insufficient evidence has been provided in establishing a unique hardship to the property that would
prevent a design to be in compliance with the standard. It appears the base of the sign can be
reduced in height.
• Insufficient evidence has been provided in showing how the proposal supports the standards in a
way equally well or better than a proposal that complies with the standards.
4. URecommendation:
Staff recommends denial of APPEAL ZBA190050.
2-STORY METAL BUILDING
W/ ADD-ONS
APPROX. 31,553 S.F.
FINISHED FLOOR = 5045.9
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INTERCEPTOR
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FIRELINE
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100 LF ~ 6" PVC
CURB CORP STOP
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TYPE 'K' COPPER
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METER
19 LF ~ 6" DIP
This unofficial copy was downloaded on Oct-09-2019 from the City of Fort Collins Public Records Website: http:/citydocs.fcgov.com
For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA
This unofficial copy was downloaded on Oct-09-2019 from the City of Fort Collins Public Records Website: http:/citydocs.fcgov.com
For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA
Right-of-Way
Property Line
This unofficial copy was downloaded on Oct-09-2019 from the City of Fort Collins Public Records Website: http:/citydocs.fcgov.com
For additional information or an official copy, please contact Engineering Office 281 North College Fort Collins, CO 80521 USA
Agenda Item 3
Item # 3 - Page 1
STAFF REPORT January 9, 2020
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190051
PROJECT DESCRIPTION
Address: 1418 West Oak Street
Owner: Barbara Hoehn
Petitioner: Jeff Gains, HighCraft Builders
Zoning District: N-C-L
Code Section: 4.7(D)(2)(a)3.; 4.7(F)(1)(e)
Variance Request:
This is a request to build an accessory structure that will include both a garage and habitable space and
requires two variances. The first variance is to allow an additional 503 sq ft of floor area to the lot when the
maximum floor area allowance is 4,525 sq ft. The second variance is to allow a 2-story accessory structure
when only a 1 1/2 story is permitted. Code requires 40% of the floor area of the "2nd story" should have a
ceiling height of less than 5 feet. This proposal would have 0% under 5 feet.
COMMENTS:
1. UBackground:U
The property annexed into the City in 1907 as part of the Scott Sherwood Addition. The primary structure
was built later in 1924. A garage was built the following year in 1925. This garage existed on site until
2019, after it had deteriorated and was demolished.
Since 1925, the N-C-L zone district has been established and design standard created. The purpose of the
standards, in general but not limited to, are to preserve the character of the neighborhood, limit looming
structures, and reduce building impacts on adjoining neighbors.
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 for an additional 503 square feet and finds that:
• The variance is not detrimental to the public good.
• An accessory building existed on the property up to last year.
• The new accessory building will be meet the required setbacks.
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
Further, staff recommends denial of variance from the definition of half-story and finds:
• The demolished nonconforming structure was a one-story structure.
• 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 standard.
4. URecommendation:
Staff recommends approval for one request and denial of the other of APPEAL ZBA190051.
1418 West Oak St. Variance Request Explanation
This variance request seeks the following modifications to Fort Collins NCL district standards for
a proposed accessory building with habitable space:
● Exceeding the lot maximum FAR:
Per LUC 4.7(D)(3), 4,275 square feet are allowable on this 14,250 square foot
lot. The existing two story principal building is 4,428 square feet. The floor area
of the proposed accessory is 600 square feet, resulting in an excess floor area of
503 square feet on the lot (after 250 square foot detached accessory reduction).
● Exceeding the one and one-half (1.5) story height limitation for accessory buildings:
Per LUC 4.7(F)(1)(e), and several other references in the NCL requirements,
accessory buildings are limited to 1.5 stories in height. The LUC defines a half
story as follows:
“Story, half shall mean a space under a sloping roof which has the line of
intersection of the roof and wall face not more than three (3) feet above the floor
level, and in which space the possible floor area with head room of five (5) feet or
less occupies at least forty (40) percent of the total floor area of the story directly
beneath.”
The proposed structure has an intersection of roof and wall face at 7’-5 3/4”
above floor level, and useable upper floor area of 360 square feet, excluding the
stairway, which equates to 60 percent of the area of the story beneath. Likewise,
unusable stairway space (90 square feet) and outdoor roof deck space (150
square feet) together constitute 40 percent of the area of the story beneath.
Project Description:
The homeowner would like to build a new, detached garage in the rear portion of the property to
replace the property’s original 1925 garage. A 210 square foot carport attached to the garage
was demolished in 1980, and the 465 square foot garage was demolished in 2019. Plans
developed for this replacement structure provide for a two car garage space, as well as an
interior stairway accessing a small art studio space and adjoining roof deck at the upper level.
While the LUC allows space with ceiling height under 7’-6” to be added above accessory
buildings without contributing to FAR, the LUC generally assumes that the design will
incorporate some form of a high slope roof with dormers.
In this case, the homeowner wishes to create a space of this type above the garage, equivalent
to what might generally be allowed by the code, but to do so in a way that compliments and ties
in with the property’s unique 1924 Mediterranean Revival home. This home consists of a
stuccoed, two story volume, with a low slope hipped roof. The proposed accessory design
features a similar straightforward form, with a low slope hipped roof set above a short upper
floor. As described, the proposed useable area of 360 square feet for this upper floor is
equivalent to the ratio of high ceiling space allowed by the LUC half story standard.
A 90 square foot indoor stairway adds both to this upper floor space and to the first floor area.
While this stair access could be placed on the outside of the building and not contribute to its
floor area or interior size, doing so would create a safety issue for the aging homeowner and
would be incongruent with the simplicity of the building and goal of the LUC to shield upper level
entrance accesses from neighboring properties.
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:
Strict application of the lot FAR standard would preclude construction of a new detached
accessory building on this lot due to the size of the 1924 principal building in relation to current
code standards.
Justification Criteria 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:
The general purpose of the half story requirement for an accessory building is to limit its height
and massing to a scale that is appropriate for rear lot density, prevents looming over
neighboring yards, and establishes a clear subordinance to the principal building. Unusually
large lot size, resulting openness of the rear half of the lot, generous proposed setbacks,
proposed building form, and size of the principal building all contribute to this proposal
promoting the general purpose of the 1.5 story standard:
● This double-lot is unusually large for the district in having a width of 75 feet, and area of
14,250 square feet. With the existing house situated almost entirely in the front half of
the lot, the rear lot density resulting from this accessory would be well below the 25
percent maximum in the NCL district at about 12 percent.
● The proposed accessory would be set back 12’ from the west side lot line, 26.5’ from the
east side lot line, and 24.5’ from the alley. These generous setbacks bring eave heights
within the requirements outlined in 4.7(F)(2)(b) to prevent looming. Likewise, the 21’-1”
ridge height of the proposed accessory is within the 24’ limit outlined in 4.7(F)(2)(b). An
illustration has been attached with this request depicting the massing of the proposed
design in relation to an envelope starting at a 13’ wall height (3’ above second floor
height), and continuing to a peak at 24’. In pared down form, this envelope represents
the allowable massing described for this building by the half story requirement.
Considering the volume carved out by the proposed roof deck and the fact that the LUC
has allowance for additional raised dormers that could add to the depicted envelope, this
illustration demonstrates that the proposed structure is of equivalent or lesser bulk than
one meeting the half story requirement.
● The majority of upper level glazing faces the house (south elevation) and roof deck
towards the lot interior (west elevation). Minimal glazing faces the west abutting lot, and
the larger of these windows is located high above the stair as depicted in Building
Section 1/Sheet A1.2. In general, the proposal minimizes glazing facing abutting
properties in a manner consistent with a design meeting the goals of 4.7(F)(3)(c)(2).
● The principal building has a floor plate of 2,214 square feet on each story, and total area
of 4,428, making it unusual for its size. As noted, the proposed accessory would have a
first floor area of 600 square feet, and upper level area of 450 square feet (including
stairway). A clear size hierarchy would exist between structures.
Justification Criteria 3 - Proposal will not diverge from the standard except in a nominal,
inconsequential way when considered in the context of the neighborhood:
While the existing principal building is unusually large in floor area, it is compact in form and
generally positioned within the front half of the lot. As noted, the rear of the lot would be well
within density requirements, and given the large size of the lot and relatively low lot coverage
that would result from both buildings, it is unlikely that the proposed increase in lot FAR would
feel inconsistent with the surrounding neighborhood.
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Agenda Item 4
Item # 4 - Page 1
STAFF REPORT January 9, 2020
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
ZBA190052
PROJECT DESCRIPTION
Address: 132 Bryan Avenue
Owner: Holly E Field Trust
Petitioner: Holly Field
Zoning District: N-C-L
Code Section: 4.7(E)(2)
Variance Request:
The variance request is to allow a covered porch to encroach 2 feet into the required 15 foot front yard setback.
COMMENTS:
1. UBackground:U
The property was annexed into the City in 1924 and platted the following year. The primary structure was
built later in 1955.
The public sidewalk was not built on the property line. This left at least 8 feet between the back of the
sidewalk and the front property line.
In general, the purposes of setbacks, but not limited to, are to preserve neighborhood character, provide
safe passage for first responders and create separation for privacy. For this property the 15 foot front
setback is the west property line. The abutting property to the west is public right-of-way.
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 public sidewalk is further away from the front property line creating an additional setback.
• The proposed structure is open on three sides.
• The encroachment contains a roof and posts.
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 ZBA190052.
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2429 Stonecrest Drive
Fort Collins, Colorado 80521
970 | 412 | 3049
tomkalert@gmail.com
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2429 Stonecrest Drive
Fort Collins, Colorado 80521
970 | 412 | 3049
tomkalert@gmail.com
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71 LF ~ 6" PVC
100 LF ~
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90° BEND W/
THRUST BLOCK
30 LF ~ 6" PVC DR18
6" SEWER
SERVICE
6" SEWER
SERVICE
115 LF ~ 6" PVC
BIKE RACK (4)
15' U.E.
15' U.E.
EXIST. 5' PERMANENT
UTILITY ESMT. REC.
NO. 20120033214
20' EMERGENCY
ACCESS ESMT.
6" GV
5 LF~6" DIP
8'
3'
RELOCATED
PRIVATE FIRE
HYDRANT
EX. STORM INLET
TO BE REPLACED
WITH 4' Ø MANHOLE
INV. OUT SW (12") = 5036.89
RELOCATE EX.
"BUS STOP" SIGN
EX. STORM MANHOLE
INV. IN NE (12") = 5035.96
INV. IN NW (6") = 5037.3±
INV. OUT SW = 5032.51
EX. SAN. MANHOLE
INV. OUT N = 5031.41
EX. SAN. MANHOLE
INV. IN S = 5031.18
INV. IN E = 5031.20
INV. OUT N = 5031.03
EX. SAN. MANHOLE
INV. IN S = 5031.00
INV. OUT NW = 5030.90
6" SERVICE
INV. = 5031.27±
VEHICLE STORAGE
CUSTOMER
EMPLOYEE EMPLOYEE
VEHICLE DISPLAY
CUSTOMER
4"Ø X 30" H, PIPE BOLLARDS,
FILL WITH CONC. CAP AND
PAINT, TYP. INSTALL @ 6' 0.C.
4" PVC STORM
DRAIN CLEANOUT
4" PVC STORM
DRAIN CLEANOUT
2' WIDE
CURB-CUT
2' WIDE
CURB-CUT
4" PVC STORM
DRAIN CLEANOUT
4" PVC PERFORATED
UNDERDRAIN
@ 0.25% SLOPE
4" PVC
STORM DRAIN
CLEANOUT
4" PVC PERFORATED
UNDERDRAIN
@ 0.25% SLOPE
20' EMERGENCY
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20' EMERGENCY
ACCESS ESMT.
15' DRAINAGE
15' DRAINAGE ESMT.
ESMT.
15' DRAINAGE
ESMT.
4" PVC PERFORATED
UNDERDRAIN @
0.25% SLOPE
CONNECT TO
EXIST. 8"
WATERLINE
WITH WET TAP
4" PVC PERFORATED
UNDERDRAIN @
0.25% SLOPE
N 1434390.80
E 3116578.59
N 1434389.41
E 3117002.13
N 1433912.65
E 3116980.38
N 1433909.92
E 3116607.92
N 1434133.98
E 3116612.20
N 1434133.98
E 3116607.20
N 1434215.26
E 3116608.75
N 1434215.35
E 3116603.75
6" CLEAN-OUT
N 1434336.00
E 3116767.37 6" CLEAN-OUT
N 1434336.00
E 3116838.16
6" CLEAN-OUT
N 1434336.00
E 3116938.16
10'
(ASPHALT PARKING LOT)
20' W.L. ESMT.
15' U.E.
100'
(ASPHALT PARKING LOT)
(ASPHALT PARKING LOT)
EXIST. GRAVEL
DRIVEWAY / PARKING
TO REMAIN
LOT 2
EXIST. BLDG.
TO REMAIN
EXIST. BLDG.
TO REMAIN
EXIST. WALL
EXIST.
LOADING DOCK
EXIST.
FENCE
EXIST.
RAILROAD
TRACKS
EXIST.
CONC.
EXIST. GATE.
EXIST. CONC.
CURB CUT
EXIST.
CONC. WALK
NEW MERCER DITCH CO.
LARKBOROUGH SUBDIVISION
TRACT G
LOT 1
15' U.E.
EXIST. WALK
EXIST. FIRE HYDRANT LINE TO BE
REMOVED TO PROPOSED BEND.
Feet
0 30 60
PROPERTY LINE
LOT / TRACT LINE
LEGEND:
S S
W W
EXISTING SANITARY LINE W/ MH
EXISTING STORM LINE W/ MH
EXISTING WATER LINE
EXISTING STORM AREA INLET
EXISTING FIRE HYDRANT
EXISTING WATER VALVE
EXISTING STORM TYPE 'R' INLET
RIGHT-OF-WAY
E E EXISTING ELECTRIC LINE
G G EXISTING GAS LINE
X X EXISTING FENCE LINE
5530 PROPOSED CONTOUR
EXISTING CONTOUR
S S PROPOSED SANITARY SEWER W/ MH
PROPOSED STREET SIGN
PROPOSED STORM SEWER W/ MH
W W PROPOSED WATER LINE
PROPOSED FIRE HYDRANT
CTV EXISTING CATV LINE
CENTERLINE
EXISTING CONCRETE
PROPOSED EASEMENT LINE
EXISTING EASEMENT LINE
PROPOSED WATER VALVE
PROPOSED WATER FITTINGS
4
5
PROPOSED TYPE 'R' INLET
EXISTING RIGHT-OF-WAY
PROPOSED STREET LIGHT
D
S
COM COM EXISTING COMMUNICATION LINE
PROPOSED LANDSCAPE
PROPOSED ASPHALT
PROPOSED CONCRETE
U.E. UTILITY EASEMENT
ESMT. EASEMENT
R.O.W. RIGHT-OF-WAY
PROPOSED RED LANDSCAPE
EXISTING RED CONCRETE
SIDEWALK REPAIR NOTE:
ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS
STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO
CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT
COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF
COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF
OCCUPANCY.
BENCHMARK:
PROJECT DATUM: NAVD88
BENCHMARK #15-94, AN ALLOY CAP LOCATED ON THE RIM OF AN ELECTRIC
MANHOLE ON THE NORTH SIDE OF HARMONY ROAD, APPROXIMATELY 50'
EAST OF THE SOUTH 1/4 CORNER OF SECTION 35.
ELEVATION = 5054.79
BENCHMARK #48-01, APPROXIMATELY 1/2 SOUTH OF HORSETOOTH ROAD,
WEST OF COLLEGE AVENUE AT THE ENTRANCE OF BARNES AND NOBLE
BOOKSTORE, IN THE NORTHEAST CORNER OF THEIR PARKING LOT, ON A
CONCRETE CURB.
ELEVATION = 5036.76
PLEASE NOTE: THIS PLAN SET IS USING NAVD88 FOR A VERTICAL DATUM.
SURROUNDING DEVELOPMENTS HAVE USED NGVD29 UNADJUSTED FOR
THEIR VERTICAL DATUMS.
IF NGVD29 UNADJUSTED DATUM IS REQUIRED FOR ANY PURPOSE, THE
FOLLOWING EQUATION SHOULD BE USED:
NGVD29 UNADJUSTED = NAVD88 - 3.19'
STREET CUT NOTE:
LIMITS OF STREET CUT ARE APPROXIMATE. FINAL LIMITS ARE TO BE DETERMINED IN THE FIELD BY
THE CITY ENGINEERING INSPECTOR. ALL REPAIRS TO BE IN ACCORDANCE WITH CITY STREET
REPAIR STANDARDS.
DATE
SHEETS SHEET
JOB NO.
DSG
CHK
# DATE
DRN
REVISION DESCRIPTION
ACTION CIVIL ENGINEERING
11600 WHOOPING CRANE DRIVE
PARKER, CO 80134 720.260.0433
tdenning@actioncivileng.com
20
SCALE
Know what's below.
Call before you dig.
R
CITY OF FORT COLLINS, COLORADO
UTILITY PLAN APPROVAL
APPROVED: ____________________________________ _____________
CITY ENGINEER DATE
CHECKED BY: __________________________________ ______________
WATER & WASTE WATER UTILITY DATE
CHECKED BY: __________________________________ ______________
STORMWATER UTILITY DATE
CHECKED BY: __________________________________ _____________
PARKS & RECREATION DATE
CHECKED BY: __________________________________ _____________
TRAFFIC ENGINEER DATE
CHECKED BY: __________________________________ _____________
ENVIRONMENTAL PLANNER DATE
FORT COLLINS JEEP
OVERALL UTILITY PLAN
TWD
4/27/2018
---
TWD
16-018
C-7
NOTE:
RUN NEW COMMUNICATIONS WIRE TO BUILDING
PROPOSED SIGN
LOCATION
ORIGINAL PERMITED
LOCATION
Property Line
Existing Right-of-Way