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Home My WebLink About07/11/2019 - Zoning Board Of Appeals - Summary Agenda - Regular MeetingRalph Shields, Chair Shelley LaMastra, Vice Chair Bob Long John McCoy Taylor Meyer Butch Stockover Council Liaison: 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 JULY 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 ZBA190018 Address: 1824 Lakeshore Circle Owner/Petitioner: Rich & Cathy Ratschkowsky Zoning District: R-L Code Section: 4.4(D)(2)(d) Project Description: The variance request is for a shed attached to the house to encroach 2.85 feet into the required 5 foot side-yard setback. The house is setback 5.9 feet and the shed extends an additional 3.75 feet leaving a setback of 2.15 feet from the property line. 2. APPEAL ZBA190028 Address: 117 Pearl Street Owner/Petitioner: Chad & Kelly Mapp Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: The variance is to build an accessory building (tree-house) 5 feet into the required 5 foot side-yard setback. ZONING BOARD OF APPEALS AGENDA Zoning Board of Appeals Page 2 July 11, 2019 3. APPEAL ZBA190029 Address: 617 W. Magnolia Street Owner/Petitioner: Tom & Lisa Trimmer Zoning District: N-C-M Code Section: 4.8(E)(2) Project Description: The variance is to build an addition which encroaches 7.5 feet into the required 15 foot front setback. The existing home also encroaches 7.5 feet into the same front setback. 4. APPEAL ZBA190030 Address: 432 Park Street Owner/Petitioner: Jim Swanson & Bonnie Brummer Zoning District: N-C-M Code Section: 4.8(F)(5) Project Description: The variance request is to allow a new vehicle parking area (garage) to have driveway access from the street, the required access is to be taken from the alley. • OTHER BUSINESS • ADJOURNMENT Dear Mr. Beals, We live at 1818 Lakeshore Circle, and are the neighbors immediately adjacent to the attached shed that encroaches on the required setback at 1824 Lakeshore Circle for which APPEAL ZBA190018 has been filed. We will be out of town on a previously scheduled overseas trip on June 13P th P and unable to attend the hearing. We believe that for reasons of safety, aesthetics and property values the illegal shed should be removed to comply with City of Fort Collins code 4.4(D)(2)(d). If the Zoning Board does not agree to dismiss the appeal, then we request a postponement of this matter until after our return on June 23P rd P so that we may have the opportunity to respond to any claims made during the hearing. Our position is as follows: 1) The 2-foot, 6-inch walkway written on the appellant’s photo is not factual. As documented in her attached plot plan from Edmonds Land Survey, the 1824 Lakeshore property line is +/- 5 feet, 9 inches, (69 inches) from the northwest corner of her house at the site where the north end of the illegal attached shed is situated. The structure projects out from the garage to a depth of 47 inches, as documented in the attached photos. In other words, it extends 38 inches into the required 60-inch setback, leaving only 22 inches between the illegal structure and the property line. I do not know what the appellant means when she writes, “The shed is 2.5 feet from the natural division between the properties.” There is no “natural division,” rather there is a legal property line, from which the setback is measured. We, or future owners of 1818 Lakeshore Circle, may one day put up a fence along that property line, or opt to do other forms of landscaping. Losing our right to do so in order to maintain a so-called ‘natural division’ would devalue our property. 2) The city of Fort Collins Low Density Residential District (R-L) rules, 4.4 (D)( 2)(d) require a setback of five (5) feet for all interior side yards.” This city code is in agreement with the covenants of the Cobblestone Shore Homeowners Association, which states: “No building shall be located on any lot unless such location complies with the set-back regulations of the City of Fort Collins, Colorado, and such set-backs have been approved by the Architectural Control Committee for Cobblestone Shores.” 1824 Lakeshore Circle is a member of the HOA and bound by its rules. 3) In trying to determine whether the setback standards are merely arbitrary, I did some research and looked to find an explanation of the purpose for a “setback.” I could not find one on the City of Fort Collins website, but I did find one on the Larimer County website. It states: “Setbacks improve safety, allow space for drainage and utilities, reduce impacts from noise, preserve/improve aesthetics, and provide space for screening and landscaping from adjacent lots.” Safety The illegal shed allows only 22 inches for passage for fire or safety officials to get through to the back yard or lake at 1824. For reference, International Building Code requires elevators to be sized to “accommodate an ambulance stretcher that measures 24 by 84-inches, as required by Section 3002.4.” This suggests that a 22-inch easement on the west side of 1824 Lakeshore Circle would be insufficient to allow passage of a stretcher if paramedics were called to an emergency in the back yard or a drowning on the lake. Similarly, the 2018 International Fire Code states that detached one-family dwellings … shall comply with the International Residential Code. This suggests that firefighters feel that a 5-foot side yard is the appropriate space for them to be able to effectively fight a fire at the back or side of a residential dwelling. Complying with International Fire Code guidelines not only protects the structure and its contents, but also helps ensure the safety of the occupants of 1824 Lakeshore and of the firefighters themselves. The appellant writes that the shed is used to store “fishing gear and water toys.” However, it is just as likely that the shed could be used to store charcoal briquettes, propane tanks, fire wood, gas tanks, camping fuel or any other assortment of combustible or flammables material. The appellant notes that “the neighbors to the west have 10 cedars planted closely. They are right on their east property line.” The trunks of these are in fact approximately two feet from the property line. But, they are certainly close enough to the illegal shed that there would be an enhanced danger of a fire spreading from the garage or shed of 1824 Lakeshore Circle to the adjacent property at 1818 Lakeshore Circle. The illegal shed is made of wood, meaning it would burn and be a source of fuel should it or the 1824 garage ignite. Drainage If setbacks are intended to allow for drainage, it should be noted that as documented in the plot map provided by the appellant, the majority of the backyard of 1824 is designated as a spillway easement for Lake Sherwood. Aesthetics The appellant writes that the shed “cannot be readily seen from the … neighboring properties” and provides a photo titled, “Neighbors to the west looking east to the shed,” which claims “View blocked by their trees.” However, that photo is taken looking towards the northeast, not towards the east. That can be confirmed based upon the position of the large cottonwood tree in the backyard of 1824 Lakeshore in the appellant’s photo labeled, “Back view taken from lake bed,” as well as in the attached aerial view from the recent property listing. It demonstrates that the cottonwood cannot be seen when looking east from 1818 Lakeshore. You’ll note that the shed, but not the cottonwood, is clearly visible in this photo, taken to the east from the bottom front step of 1818 Lakeshore on June 4, 2019. Similarly, the next photo, taken from the driveway/sidewalk of 1818 Lakeshore Circle, (at a different time of day under different light conditions) again clearly shows the shed. Should the trees lose needles or branches, or should we decide to replace the trees with a fence, the illegal shed will be even more visible from the adjacent property, given that it is only 22 inches from the property line. Because of the increased fire and safety hazards posed by the illegal shed, and because of aesthetic concerns, the structure adversely affects the property values of 1818 Lakeshore Circle. For that and the safety reasons outlined above, the appeal should be denied. Thank you Karen Schwartz & Sam Shelanski (970) 225-1036 From: Noah Beals To: Kacee Scheidenhelm Subject: FW: ZBA190018 (1824 Lakeshore Circle) Date: Monday, June 24, 2019 4:19:51 PM Attachments: image001.png From: Mike Estlick <mestlick@gmail.com> Sent: Sunday, June 23, 2019 6:06 PM To: Noah Beals <nbeals@fcgov.com> Subject: Re: ZBA190018 (1824 Lakeshore Circle) Hi, I measure the shed at 3.75', matching the diagram. Looking at the diagram, that implies a setback of 2.15' We bought this house from the people that originally submitted the application, so I'm not sure what they were referring to in the written part of the application. The written application mentions a 2.5' walkway from the shed to the "natural division between the properties". Are you referring to that 2.5' when you wrote 1.5'? I don't see any measurement of 1.5' in the application. I measure 2.75' from the shed to the edging. The edging is what separates the walkway from the area with the trees, and is shown as the far edge of the "walkway" in the picture of the shed in the application. I measure slightly over 4' from the shed to each of the trees at my waist level. Thanks, Mike On Wed, Jun 5, 2019 at 10:12 AM Noah Beals <nbeals@fcgov.com> wrote: Hello Mike and Julie, We wanted to confirm the setback of the shed you are seeking a variance for. The written application suggest the shed is 3.5’ leaving 1.5’ setback. The diagram suggest the shed is 3.75’ and the existing structure is +or -5.9’ leaving a 2.15’ setback. Please verify which is correct. Regards, Noah Beals Senior City Planner-Zoning 970 416-2313 Chad and Kelly Mapp 117 Pearl Street Fort Collins, CO 80521 June 11, 2019 Zoning Board Member Zoning Board of Appeals 281 N. College Fort Collins, CO 80524 Dear Zoning Board Member: Thank you for the opportunity to consider our variance request. We would like to build our daughter a tree house in the backyard, close to the alley property line. The desired tree is about 3 feet from the property line adjacent to an essentially vacated alley and we want the tree house to surround the tree. Our understanding is that there is a 5 feet setback requirement from the property line. Therefore, we are requesting a variance to build the tree house up to the property line adjacent to the alley. We feel that the tree house will not be detrimental to the public good and will actually enhance the family friendly neighborhood. In addition, we feel the variance request meets two of the three justification reasons. First, 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. The property is in Old Town and the setback area is adjacent to an essentially vacated alley. The alley has not been formerly vacated like the one across the street, but the area is not used by the public as an alley and has not been for decades. The separated garages are built up to the property line with 12” eave overhangs into the alley. The alley is grown over with grass and it is common to see horseshoe pits and lawn furniture in the neighboring alley areas. The property on the other side of the alley is a large open space owned by our neighbor and used as an orchard. Second, by reason of extraordinary and exceptional situations unique to the property given that the existing tree is about 3 feet from the property line. Please see the included plans and drawings and thanks you for considering our requested variance. Sincerely, Chad Mapp 10' 2"x8" Floor Joists (2) 2"x10" Beams EAST ELEVATION N TREE FLAGSTONE WALKWAY GARAGE HEDGES GRASS ALLEY CONCRETE WALKWAY 10' 11' 3' 8' 5' FROM PROPERTY LINE ALLEY NORTH ELEVATION ALLEY SOUTH ELEVATION WEST ELEVATION June 6, 2019 To the Members of the Zoning Board, Thank you for your consideration of our application. My name is Lisa Trimmer and my family and I reside at 617 W Magnolia St, Fort Collins, CO. We are requesting a zoning code variance regarding a planned addition to our home. The foundation of the existing house is currently 11.5 feet from our front lot line (determined by an ILC in 2017 when we purchased the home). We are proposing to build a modest addition to the east of the existing house, flush with the existing frontage. We would also like to add a small, covered front porch to the addition which would extend to the distance of the existing covered front steps. Please see the attached documentation for exact distances and orientation. No part of the addition or porch would bring the completed building closer to the sidewalk and road than the existing house currently sits. Our request fulfills justification (2) from the application: “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 complied with the standard for which the variance is requested” The standard setback is 15 feet, which was set to prevent new buildings and additions from encroaching on walkways and so as not to interfere with the eye-line from adjacent properties or the overall aesthetic of the neighborhood. Our addition would not violate this purpose because it does not reach farther than the existing structure. Additionally, measurements were taken of the neighboring homes and porches, and our proposal was found to be either similar or setback farther from walkways and streets than those of the surrounding homes. Please see additional documentation for exact measurements of neighboring setbacks. Thank you again for your consideration. Our goal is to expand our home with an appreciation for the surrounding neighborhood. We appreciate your assistance in reaching this goal. Regards, Tom and Lisa Trimmer 617 W Magnolia St Fort Collins, CO 80521 7.5' 7.5' 15.0' 5.0' 24.0' 20.0' 11.5' 16.5' WEST 90' EAST 90' NORTH 140' SOUTH 140' WEST MAGNOLIA AVENUE PROPERTY DESCRIPTION: The West 90 feet of 1 and the West 90' of the North 1/2 of Lot 4, Block 287, LOOMIS ADDITION TO THE CITY OF FORT COLLINS, County of Larimer, State of Colorado a.k.a. 617 W. MAGNOLIA STREET FORT COLLINS, CO 80521 PLOT PLAN Scale: 1" to 20' EXISTING PORCH 19.5 PROPOSED PORCH EXISTING GARAGE PROPOSED 2 STORY ADDITION 4 11 11 4.5 4.5 29.5 29.5 3.5 4.5 12 2'-7" 16'-4" ADDITION for TOM & LISA TRIMMER 617 MAGNOLIA STREET UP 18'-4" x 4'-2" 1335 sq ft 30'-0" 3'-6" 8'-10" 9'-6 1/2" 10'-1" 4'-4" 34'-6" 44'-1 3/8" 32'-11 7/8" 11'-1 1/2" 4'-6" 30'-0" 11'-9" 5'-6 1/2" 1'-11" 10'-9 1/2" 44'-1 3/8" 8'-1" 13'-2" 11'-3" 4'-4" 10'-3" 18'-7" 10'-4" 15'-6 5/8" 5" 11'-3" 6'-10 5/8" 5" 8'-11" 10'-7" DECK LIVING AREA !"#$%&!% '()&# * ++ ,+-+ .+*+/*,*/ 01234#/5 66#0 247!5 $%&!% '242'# **. ,+-+ /8 ,+-+ /8 9/5 6!62 ,*///: ;*+. ,*/+; 5 55*/+,*/< =*,*/+;> *> ? **55 555*9 =*,*/<=* ? 5 **55*9*,*/ 5 9/5 /5*,,+@*5 ,,+/+*: ,*/ @,*9 @+/,+,,+/+*@/ **+-8 / 9*+/+*