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Home My WebLink About4/11/2019 - Zoning Board Of Appeals - Summary Agenda - Apr 2019 Summary AgendaRalph Shields, Chair Shelley La Mastra, Vice Chair Bob Long John McCoy Taylor Meyer Butch Stockover Council Liaison: Ken Summers Staff Liaison: Noah Beals LOCATION: City Council Chambers 300 LaPorte Avenue Fort Collins, CO 80521 The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING APRIL 11, 2019 8:30 AM • CALL TO ORDER and ROLL CALL • APPROVAL OF MINUTES FROM PREVIOUS MEETING • CITIZEN PARTICIPATION (Items Not on the Agenda) • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA190010 Address: 936 Kimball Road Owner/Petitioner: Larry Dietz Zoning District: R-L Code Section: 3.5.2(E)(5) Project Description: This variance is for partially built 32 foot by 26 foot detached RV storage pole barn. This 832 square foot accessory building is 32 square feet over the 800 square foot maximum allowed for a lot of this size. It is replacing a 1200 square foot horse barn that existed on the property prior to the principal house being built. This is a new variance request. A previous variance request was denied this year for a larger accessory building. 2. APPEAL ZBA190011 Address: 2120 W. Prospect Road Owner/Petitioner: Michael Thomas Zoning District: R-L Code Section: 4.4(D)(e) Project Description: Variance for a pop-the-top addition to a barn home in the R-L Low Density Residential District. The addition will give the home an average height of 31 feet from grade to roof peak. This is 3 feet over the maximum building height in R-L which is 28 feet. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 April 11, 2019 3. APPEAL ZBA190012 Address: 131 S. Sherwood Street Owner: Sharon Getz Petitioner: Jeff Gaines Zoning District: N-C-M Code Section: 4.8(E)(4), 3.8.19(A)(6) Project Description: Variance for a half-story addition and associated eave projection to encroach into the 15-foot corner- side setback. 4. APPEAL ZBA190013 Address: 601 E. Elizabeth Street Owner: Joseph & Kate Hannah Petitioner: Heidi Shuff Zoning District: N-C-L Code Section: 4.7(E)(3); 4.7(E)(4); 3.8.19(A)(6) Project Description: This is a request for the 2nd story dormer to encroach 8.33 feet into the required 15 feet rear yard setback and 8 inches into the required 15 feet street-side setback. 5. APPEAL ZBA190014 Address: 2708 Nottingham Square Owner: Stephen & Peggy Hollingshead Petitioner: Allen Curtis Zoning District: R-L Code Section: 4.4(D)(2)(b) Project Description: This is a request for a deck to encroach 6 feet into the 20-foot front yard setback. 6. APPEAL ZBA190015 Address: 1250 E. Magnolia Street Owner: Walmart Real Estate Business Petitioner: Cathy Yockey Zoning District: C-G Code Section: 3.8.7.2(B) Table B Project Description: This is a request for an 8 feet high wall sign where 7 feet is the maximum height permitted. • OTHER BUSINESS Presentation on Halligan Water Supply Project • ADJOURNMENT 1 Explanation of Variance Request for 131 South Sherwood Street This variance request seeks the following modifications to Fort Collins NCM district standards: • A decrease in lot side-corner setback where wall height is proposed to be raised at an existing gable to create added second floor space. The minimum side-corner setback in the NCM district is 15’ per standard 4.8(E)(4) of the Land Use Code. The existing gable and proposed raised section of wall are 2’-6” over the setback, creating a 12’-6” setback. This existing gable is 15’-6” wide, and the height increase, comparing top of roof, would be 3’-2”. Measured from grade to top of roof, the existing gable is 10’-10” at the eaves and 19’-11-1/2” at the ridge, and this is proposed to be raised to 14’ and 23’-1-1/2” respectively. • An associated increase in eave projection into this setback. The maximum eave projection into a setback is 2’-6” per standard 3.8.19(A)(6). The existing and proposed eave overhang on this gable is 8”, creating an effective projection of the eave of 3’-2” into the setback. 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: While the upstairs bathroom that is to be created by this addition is a small space, this is a compact house with half-story upstairs, and the area over the living room in the south-facing side gable is the only area where the space can functionally be added. The placement of the existing house slightly over the setback line creates a hardship for the addition of this small but important upstairs space. Justification Criteria 2 – The proposal will promote the general purpose of the standard equally well or better than would a proposal that complies with the standard: Given the space existing between the house and the sidewalk and street, the proposed addition would not surpass the relationship to the public right of way that the 15’ setback requirement ensures is present. The existing and proposed construction of the gable are set back 16’-6” from the inside edge of sidewalk, and 31’-10” from Oak Street. In addition, the existing and proposed eave overhang at this gable is only 8”. The Land Use Code generally allows 2’-6” of overhang, meaning that the rake of the roof would extend only 8” beyond a roof that could be constructed off a similar gable set within the setback. Justification Criteria 3 - Proposal will not diverge from the standard except in a nominal, inconsequential way when considered in the context of the neighborhood: In the NCM and NCL districts, it is common for original houses to be located within the side-corner setback of corner lots. Examples of this are too numerous to cite, and the 2’-6” intrusion of a 15’-6” wide section of this house into this setback is a relatively minor one. More importantly, this existing setback is consistent with setbacks along this section of the north side of Oak Street. The proposed increase in massing at the second floor of the house does not radically change its presence in relationship to the setback. Eaves are kept at a low height with 3’-5” exterior knee walls. Side walls in the new bathroom would be just 6’-4”, and the overall roof and eave geometry would tie in with what is already there on the east-west gable of the house. ! " &'( " # $% &'( , )," , &$ $' &$ $' -. !" ( , * &'( !$%,"$%, ($, * %$&, " # ( * $ , &'( &'( ' " ' " &'( / " / " &'( 715 W. Mountain Avenue Fort Collins, CO 80521 March 12, 2019 City of Fort Collins Zoning Board of Appeals 281 N. College Avenue Fort Collins, CO 80524 RE: Variance Request for 601 E. Elizabeth Street To Whom It May Concern: On behalf of my clients, JJ and Kate Hannah, I am requesting variances to Sections 4.7(E)(3) and 4.7(E)(4) of the Fort Collins Land Use Code, which states that the minimum rear yard setback shall be fifteen feet and the minimum side yard setback shall be fifteen feet on the street side of any corner lot. Earlier this winter, a large tree fell onto the roof of the Hannah’s existing second floor master suite. Fortunately, no one was injured, although there was substantial damage to the roof structure. Since they will need to reframe and patch a large section of the roof (the existing ridge beam was damaged), they would like to replace the existing gable dormer on the west side of their home with a larger shed dormer to match the one they added at the front (north) elevation a few of years ago, in order to provide additional headroom within their existing master bathroom and closet. The existing house is currently sitting within both the southern 15’ rear yard and western 15’ street side yard setbacks, therefore I am requesting a variance to encroach 8’-4” into the required 15’ rear yard setback and 8” into the required 15’ street side setback in order to increase the wall height of the existing second floor walls to construct the proposed shed dormer. I believe that the siting of the existing home within both the 15’ rear and side yard setbacks creates a unique hardship. There is an existing non-conforming condition where the existing gable dormer and nearly 2/3 of the existing south addition are currently located within the setbacks, making it impossible to modify the existing dormer without a variance. I also believe enlarging the existing west dormer 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 for many reasons. First of all, the lot is a corner lot, whereby the rear property line acts as the side property line for the neighbors to the south, which only requires a setback of five (5) feet. I am proposing a setback of 6’-8” to the new dormer south wall. Secondly, the existing second floor area will remain the same, and I am only proposing to increase the height of walls on the west side of the existing ridge in order to provide additional headroom. The proposed dormer roof would not exceed the height of the existing ridge. Additionally, the neighboring home to the south (which would be most affected by the variance) has a driveway on the north side of their property to access their garage (which is setback from the front of their home), and there is a distance of over 20’ between the two houses. Lastly, the proposed dormer would not negatively affect anyone with respect to solar access, since the home sits on a corner lot with Elizabeth Street to the north and Smith Street to the west. 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