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Home My WebLink About10/8/2020 - Zoning Board Of Appeals - Summary Agenda - Zba 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 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 OCTOBER 8, 2020 8:30 AM ZONING BOARD OF APPEALS AGENDA Participation for this remote Zoning Board of Appeals 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 at https://zoom.us/j/97550992839. 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 October 8, 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. If you have any technical difficulties during the hearing, please email jluther@fcgov.com. Public Participation (Phone): If you do not have access to the internet, you can call into the hearing via phone. The number to dial is +1 346 248 7799 or +1 669 900 9128, with webinar ID: 975 5099 2839 (Continued on next page) Zoning Board of Appeals Page 2 September 10, 2020 • 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 ZBA200039 Address: 5830 Southridge Greens Blvd Owner: Renee Long Petitioner: Tad Bjorlie Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: This is a variance request to build a patio cover 2 feet into the required 15-foot rear yard setback. 2. APPEAL ZBA200040 Address: 1501 Peterson St. Owner: Robert & Sally Linton Petitioner: Blue Pine Construction, Inc. Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a variance request for a patio cover to encroach 4 feet into the required 15-foot corner side- yard setback. • OTHER BUSINESS • ADJOURNMENT 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. If you have any technical difficulties during the hearing, please email jluther@fcgov.com. 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. As required by City Council Ordinance 079, 2020, a determination has been made by the chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent. 1 Jennifer Luther From:Noah Beals Sent:Friday, August 28, 2020 8:30 AM To:Ralph Shields Cc:Jennifer Luther; Kacee Scheidenhelm Subject:RE: Zoning Board of Appeals (September - December) Thanks! We will proceed with remote meetings for the remainder of the year. Regards, Noah Beals Senior City Planner-Zoning 970 416-2313 Tell us about our service, we want to know! ‐‐ COVID19 Resources For all residents: https://www.fcgov.com/eps/coronavirus For businesses: https://www.fcgov.com/business/ Want to help: https://www.fcgov.com/volunteer/ Recursos COVID‐19 Para integrantes de la comunidad: https://www.fcgov.com/eps/coronavirus Para empresas: https://www.fcgov.com/business/ ¿Quieres ayudar o necesitas ayuda? https://www.fcgov.com/neighborhoodservices/adopt Recursos de United Way: https://uwaylc.org/ From: Ralph Shields <rshields@bellisimoinc.com> Sent: Thursday, August 27, 2020 4:38 PM To: Noah Beals <nbeals@fcgov.com> Cc: Jennifer Luther <jluther@fcgov.com>; Kacee Scheidenhelm <kscheidenhelm@fcgov.com> Subject: [EXTERNAL] Re: Zoning Board of Appeals (September ‐ December) I agree with the recommendation. Thanks Ralph Shields 970.231.7665 2 From: Noah Beals <nbeals@fcgov.com> Sent: Thursday, August 27, 2020 3:36 PM To: Ralph Shields <rshields@bellisimoinc.com> Cc: Jennifer Luther <jluther@fcgov.com>; Kacee Scheidenhelm <kscheidenhelm@fcgov.com> Subject: Zoning Board of Appeals (September ‐ December) Hello Chair‐person Shields, Since May the ZBA has conducted a remote hearing. These remote hearings appear to have met the needs of the board members and the applicants. The concerns that prompted these remote meetings have not dissipated.  Health risks during a world‐wide pandemic  Difficulties in coordinating logistics for an in‐person meeting or hybrid of such It is staff recommendation to continue with a remote hearing September through December meeting of the ZBA. Please respond to this email with your agreement with this recommendation or other suggestions for this hearing. Kind Regards, Noah Beals Senior City Planner-Zoning 970 416-2313 Tell us about our service, we want to know! ‐‐ COVID19 Resources For all residents: https://www.fcgov.com/eps/coronavirus For businesses: https://www.fcgov.com/business/ Want to help: https://www.fcgov.com/volunteer/ Recursos COVID‐19 Para integrantes de la comunidad: https://www.fcgov.com/eps/coronavirus Para empresas: https://www.fcgov.com/business/ ¿Quieres ayudar o necesitas ayuda? https://www.fcgov.com/neighborhoodservices/adopt Recursos de United Way: https://uwaylc.org/ 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 lim ited to physical conditions such as exceptional narrowness, shallowness, or topography, the strict application of the code requirem ents 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-im posed); (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 5830 Southridge Greens Blvd – Rear Setback Variance for Patio Cover Homeowner: Renee Long Contractor: TNT LLC We are applying for a setback variance in order to construct a new gabled patio cover for homeowner Renee Long at 5830 Southridge Greens Blvd. The current design for the cover is encroaching 2’ into the 15’ rear setback, putting it at 13’ away from the rear property line. We are not trying to extend any further than the patio already extends; the gable will cover their existing mason patio. Our justification is that “the proposal will not diverge from the Land Use Code standard except in a nominal, inconsequential way when considered in the context of the neighborhood.” This patio cover will not only add value to the home and be aesthetically pleasing, but it will also allow the homeowners to make better use of their backyard space. The patio cover will provide shade and protection from the weather. 9‐4‐2020 City of Fort Collins ‐ Zoning Application Request for Variance from the Land Use Code adding to previously approved abnormality. To the members of the zoning board: Blue Pine Construction Inc. on behalf of Robert and Sally Linton of 1501 Peterson Street Fort Collins, CO 80524 request a variance for the setback on the North (Lake Street) side of the home that sits on the corner of Lake and Peterson streets. In 201? a setback variance was granted allowing a detached garage 21’ x 22’6” to be built on the property to encroach 4’ into the North side setback. The homeowners would like to add a 22’6” x 14’ patio cover on the west side of the garage that would maintain the same 4’ encroachment for an additional 14’ to the West. The setback is set at 15 feet and we are requesting a variance to 11 feet to match the garage on the Lake Street side. We have included the site plan, permit drawings and engineering already prepared for the project. We also have gotten a Certificate of Appropriateness from Historic Preservation Services. Please see the pictures included in this email. They will show that the patio cover will hardly be visible from the street. Please let us know if there are any additional questions. Blue Pine Construction Inc. Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.4250 preservation@fcgov.com fcgov.com/historicpreservation Historic Preservation Services CERTIFICATE OF APPROPRIATENESS ISSUED: August 11, 2020 EXPIRATION: August 11, 2021 Robert & Sally Linton 1501 Peterson St. Fort Collins, CO 80524 Dear Mr. and Mrs. Linton: This letter provides you with confirmation that the proposed changes to your designated Fort Collins landmark property, the Crane Property at 1501 Peterson Street have been approved by the City’s Historic Preservation Division because the proposed work meets the criteria and standards in Chapter 14, Article IV of the Fort Collins Municipal Code. 1) Addition onto south elevation of c.2001 garage addition. Notice of the approved application has been provided to building and zoning staff to facilitate the processing of any permits that are needed for the work. Please note that all ensuing work must conform to the approved plans. Any non-conforming alterations are subject to stop-work orders, denial of Certificate of Occupancy, and restoration requirements and penalties. If the approved work is not completed prior to the expiration date noted above, you may apply for an extension by contacting staff at least 30 days prior to expiration. Extensions may be granted for up to 12 additional months, based on a satisfactory staff review of the extension request. Property owners can appeal staff design review decisions by filing a written notice of appeal to the Director of Community Development & Neighborhood Services within fourteen (14) days of this decision. If you have any questions regarding this approval, or if I may be of any assistance, please do not hesitate to contact me. I may be reached at jbertolini@fcgov.com or 970-416- 4250. Sincerely, Jim Bertolini Historic Preservation Planner -2- Applicable Code Standard Summary of Code Requirement and Analysis (Rehabilitation) Standard Met (Y/N) SOI #1 A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships; Y SOI #2 The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. The addition is a relatively small covered patio addition to a non-historic garage. The existing garage does convey a stylistic connection to the primary historic house via a pyramidal roof that would be altered by extending the hipped-roof on the garage to the west. However, this addition will not affect the historic house, is not affecting any historic landscape features, and the modification to the non-historic addition will not significantly detract from the historic building. Y SOI #3 Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. The new patio is compatible with the 2001 garage and the overall property, but both are clearly distinguishable as new construction. Y SOI #4 Changes to a property that have acquired historic significance in their own right will be retained and preserved. N/A SOI #5 Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. N/A SOI #6 Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. N/A SOI #7 Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. N/A SOI #8 Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Excavation depth for new pavers and pier footings is too shallow for archaeological discoveries to be likely. N/A -3- SOI #9 New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. The garage addition was constructed in 2001 prior to the property being Landmarked. It is generally compatible with the design of the historic house facing Peterson Street. The patio addition onto the non-historic garage is on a secondary elevation, extends the hipped roof of the 2001 garage to the west allowing the garage addition to retain its design compatibility with the historic building, and will have an overall minimal effect on the property. The overall garage addition is clearly distinguished from the historic house as new construction through the use of modern fenestration and garage doors. Y SOI #10 New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The patio addition is being made onto the garage which is a non- historic feature and is reversible without affecting the historic building. N/A 14'-0"21-0"22'-6"22'-6"11'-0"11'-0"11'-0" PER LETTERPER LETTER(2)30"11'-0"24" DIAMETERPOCKET BEAM INWALL PER LETTERABU66Z11'-0"ABU66ZPER LETTER