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HomeMy WebLinkAbout12/10/2020 - Zoning Board Of Appeals - Agenda - Zba 12.10.20 Hearing Final Packet 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 DECEMBER 10 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/96141298373. 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 December 10, 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 kscheidenhelm@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: 961 4129 8373. (Continued on next page) Zoning Board of Appeals Page 2 December 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 ZBA200046 Address: 1218 Canvasback Ct Owner/Petitioner: Xiang Hong Lee Zoning District: R-L Code Section: 4.4(D)(1) Project Description: This is a request for a variance to increase the allowable floor area by 242 square feet by enclosing a deck area on more than three (3) sides. In the R-L (low density residential) zone district, the allowable maximum floor area is one-third 1(/3) of the square footage of the lot. This is the second request to increase the allowable floor area for the lot. 2. APPEAL ZBA200047 Address: 3100 S. College Ave Ste 110 Owner: Walton Foothills Holdings VI, LLC Petitioner: Charley Schalliol Zoning District: C-G Code Section: 3.8.7.2(A)(1) Table A; 3.8.7.2(D) Table D Project Description: This is a request for a variance to exceed the allowable sign square footage for the building and exceed the allowable sign area displayed on an awning. This tenant space is allowed 93 square feet of sign area. The proposed signs will exceed it by 469.24 square feet. Awnings are limited to 25% square feet of signage. The request is for 100% of the awning to be used for sign area. 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 061, 2020, a determination has been made that holding an in-person hearing would not be prudent and that the matters to be heard are pressing and require prompt consideration. The written determination is contained in the agenda materials. Zoning Board of Appeals Page 3 December 10, 2020 3. APPEAL ZBA200049 Address: 1050 Hobbit St Owner: Summit Management Petitioner: Lisa Croston Zoning District: M-M-N Code Section: 3.8.7.2(G) Table (G)(1) Project Description: This is a request for a variance to install a monument sign 10 feet from the adjacent residential zone. The required setback is 75 feet. • OTHER BUSINESS – Review and Approval of 2021 ZBA Work Plan • ADJOURNMENT 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 BOARD OF APPEALS 2021 WORK PLAN The Zoning Board of Appeals (ZBA) will meet on the second Thursday of every month, providing that there are discussion items appearing on the regular monthly agenda. The Board may also meet as needed in order to convene special meetings. The primary purpose of the meetings will be to hear and decide appeals of certain administrative decisions made by City staff and to authorize variances from the requirements of the Land Use Code. It is estimated that the Board will consider approximately 50 variance requests in 2021. The Board will review proposed Land Use Code revisions that may be necessary as the City continues refinement of the Code through the annual code update ordinance and will also explore updating the By-Laws for the Zoning Board of Appeals. No other special projects or issues are anticipated at this time. Ralph Shields, Chair Shelley La Mastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Ross Cunniff Staff Liaison: Noah Beals LOCATION: Virtual Hearing 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 NOVEMBER 12, 2020 8:30 AM  CALL TO ORDER and ROLL CALL All boardmembers were present.  APPROVAL OF MINUTES FROM PREVIOUS MEETING Stockover made a motion, seconded by Shields, to approve the October 8, 2020 Minutes. The motion was adopted unanimously.  CITIZEN PARTICIPATION (Items Not on the Agenda) None.  APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA200041 – APPROVED Address: 2500 Bradbury Ct Owner/Petitioner: Jeffrey Blayney Zoning District: R-L Code Section: 4.4(D)(2)(c) & 3.8.19(A)(6) Project Description: This is a request for a shed to encroach 5 feet into the required 15-foot rear setback (shed wall is proposed to be 10 feet from the rear property line) and for the eaves to encroach 8 feet into the setback when only 2.5 feet is permitted. There is a 7-foot utility easement along the rear property line and the eaves will not encroach into the easement (eaves are at a 7-foot setback). Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the property is in a cul-de-sac. The shed will be in the Northeast corner. One corner meets the setback but the other does not due to the angle of the property. There will be minimal visibility for the neighbors. ZONING BOARD OF APPEALS MEETING MINUTES Zoning Board of Appeals Page 2 November 12, 2020 Applicant Presentation: Jeffrey Blayney, 2500 Bradbury Ct addressed the board, noting that the shed walls are actually 8 feet high and the total height is 11 feet. Audience Participation: (none) Board Discussion: Boardmember Stockover noted that there is significant vegetation in the neighborhood. The foliage would minimize the view from the outside. He did not have any concerns. Boardmember Lawton likes the detailed plans. Boardmember Shuff is also supportive, as he believes there is minimal impact. Boardmember LaMastra asked for clarification on the drawing but was in favor. Boardmembers Meyer and McCoy were also in favor. Boardmember Stockover made a motion, seconded by LaMastra to approve ZBA200041 for the following reasons: Granting the modification as standard would not be detrimental to the public good and there are exceptional physical conditions and other extraordinary and exceptional situations unique to the property which is subject to the request. The wedge- shaped lot creates a narrowing rear setback, a strict application of the standard results in exceptional practical difficulty caused by the exceptional physical conditions unique to the property not caused by the act or omission of the applicant. Yeas: Lawton,Shields, LaMastra, Meyer, Stockover, Shuff, and McCoy. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED 2. APPEAL ZBA200042 – APPROVED Address: 1030 W Oak St Owner: Brenda Carlile Petitioner: Tad Bjorlie Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a request for a patio cover to align with the existing home and to encroach 2 feet into the required 5-foot side-yard setback (3 feet from the property line). Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the request is to build a patio cover to align with the existing property. There is an existing patio area already. Applicant Presentation: Applicants, Brenda Carlile, 1030 W Oak St, and Jordin Schwettman, 1448 Antero Dr, Loveland addressed the board. The house is already 3 feet away from the 5-foot setback. Audience Participation: (none) Board Discussion: Boardmember Lawton thinks it is in line with the home design and is in favor. Boardmember Shuff noted that if it was an addition, it might be more challenging. Because it is a deck, he does not have any issues. Boardmembers McCoy and Shields are in favor. Boardmember Meyer asked about the overhang requirements. Beals clarified that an eave can encroach 30 inches. Meyer asked whether a 2nd variance request would be needed for this. Mr Schwettman noted that the 1-foot overhang was included in the design. Beals stated the fire department and the building department would need to review. The applicants agreed that they will keep the overhang to 6 inches. Stockover clarified that it was a new roof line and not an extension of the old roof line. Boardmember Stockover made a motion, seconded by Shuff to approve ZBA200042 for the following reasons: Granting the modification as standard would not be detrimental to the public good, the proposal as submitted would 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 contained in Section 1.2.2 the the following Zoning Board of Appeals Page 3 November 12, 2020 findings: The patio is open on three sides and the proposed cover matches the existing setback of the house, the proposed cover extends 12 feet along the side property line. The new eave overhang will be 2.5 feet from the property line Yeas: Lawton,Shields, LaMastra, Meyer, Stockover, Shuff, and McCoy. Nays: none THE MOTION CARRIED, THE ITEM WAS APPROVED. 3. APPEAL ZBA200043 – APPROVED WITH CONDITIONS Address: 215 Osiander St Owner/Petitioner: Lynne Vaughan Zoning District: C-C-N Code Section: 3.5.2(E)(3) & 3.8.19(A)(6)) Project Description: This is a request for a patio cover to encroach 4.5 feet into the 5-foot side setback (6 inches from property line) and the eaves to encroach 5 feet into the side setback, 2.5' feet further than permitted 2.5 feet allowed. The Old Town North subdivision received a modification for 4-foot side setbacks. This is only a request for an additional 3.5 foot encroachment per the subdivision standards. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the properties on Jerome street have garages that back into the property in question. The patio cover has walls that extend partially down from the roof, making the encroachment extend further into the lines. The eave in the drawing appears to extend over the property line. Applicant Presentation: Applicant Dick Anderson, 422 E Oak St, addressed the board. Since the application was submitted, they have revised the design of the overhang to be 2 feet from the west property line instead of on the west property line. Also, the structure that comes down has been eliminated and the structure itself will align with the column which is 3 feet from the property line. The variance request would be a 3 foot setback instead of the required 4 foot setback. They are asking for a 6-inch variance in the overhang. Boardmember Shields clarified that the screen will still be there, but will not be a screen on the West elevation. Boardmember LaMastra wanted clarification that the structure now meets the approval of the building dept and the fire department. Applicant Anderson confirmed. Audience Participation: (none) Board Discussion: Boardmember Stockover was reluctant to approve at first. Only impact for him would be the ability to maintain the space and separation to meet code. Since they have already gone through this process, he would be in approval. Boardmember Lawton would be in favor with the modifications prescribed. He asked whether new drawings were needed. Beals stated that the Board could table if they wanted to see new drawings, but it was not necessary to approve. Boardmember Shuff would be in approval with the modifications described. Boardmembers McCoy and LaMastra agreed they would be in support with the modifications. Boardmember Meyer asked whether this would be a variance to the fence code. LaMastra stated that the fence code would only be applicable if it is attached to the fence. Mr Anderson clarified that the wall will not be attached to the fence. The column will be in line and attached to the fence. He stated that they could move it to the South away from the fence if necessary. The purpose of the wall is to be a wind break. LaMastra is not sure whether she would be in support now that it is known to be an extension of the fence. Stockover noted the interesting makeup of the architecture in the neighborhood. He believes due to the uniqueness of the neighborhood, this will fit in fine. Beals looked up code and noted that section 3.8.11 D states that anything added to the fence is considered part of the fence. Meyer was concerned that this might lead to a loophole when others want to add to a fence. Shuff asked if the applicant was willing to remove the wall part. Mr Anderson said that he cold move the post to be adjacent to the fence Zoning Board of Appeals Page 4 November 12, 2020 instead of part of the fence. Stockover asked about the materials being used. He asked if there could be some delineation from the fence. Mr Anderson stated this could be done. Boardmember Stockover made a motion, seconded by Shields, to approve ZBA200043 for the following reasons: Granting the modification as standard would not be detrimental to the public good, and the proposed as submitted would 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 contained in Section 1.2.2 with the following findings and conditions: The conditions would change the request for the patio cover to encroach from 4.5 feet to 2 foot into the 5 foot setback. The eaves would encroach an additional 6 inches into the required setback. The structure no longer crosses the property line, and with the finding that this is largely considered that the context of the neighborhood is very eclectic and modern. The condition that the material finish of the column be set apart from the construction of the fence. Per code 2.10.4(H) 3. Yeas: Lawton, McCoy, Shuff, Stockover, LaMastra, and Shields. Nays: Meyer THE MOTION CARRIED, THE ITEM WAS APPROVED WITH CONDITIONS 4. APPEAL ZBA200044 – APPROVED Address: 3209 Fiore Ct Owner/Petitioner: Sara Bombaci Zoning District: L-M-N Code Section: 3.5.2(E)(3) Project Description: This is a request for a variance to allow a deck to encroach 3 feet into an 8-foot rear-yard setback Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the property is on a cul-de-sac which backs to HOA open space and behind that is a city-owned retention pond. This is set far from any other residential structures. There is a 5-foot utility easement which the deck would not encroach but would extend 3 feet into the rear yard setback. The deck is not covered. Applicant Presentation: Applicant, Sara Bombaci, 3209 Fiore Ct, addressed the board, noting this is a hardship due to the yard size. It is nominal and inconsequential because it will be outside of the utility easement and will not encroach upon any neighbors as the house backs to open space. Audience Participation: (none) Board Discussion: Boardmember Stockover stated it is an easy decision based on the open space. He will be in support. Boardmember Lawton noted that it looked like there were other neighbors with similar decks. He does not see any impact. Boardmembers Shuff LaMastra, Meyer and McCoy will also be in support. Boardmember Stockover made a motion, seconded by Shields, to approve ZBA200044 for the following reasons: Granting the modification as standard would not be detrimental to the public good, and the proposed as submitted would 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 contained in Section 1.2.2 with the following findings: The HOA and detention pond behind the property provides efficient separation from other residential developement, and the deck is open on 3 sides and does not have a covering. Yeas: LaMastra, Stockover, Shuff, McCoy, Lawton, Meyer, Shields Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED Zoning Board of Appeals Page 5 November 12, 2020 5. APPEAL ZBA200045 – APPROVED Address: 226 N. Loomis Ave Owner: Paul Avery Petitioner: Jonathan Day Zoning District: N-C-M Code Section: 4.8 (E)(4) Project Description: This is a request for a variance to allow an addition to a single-family dwelling to encroach 1.5 feet into the required 5 foot north side-setback. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting that the primary structure already encroaches into the setback by 1.5 feet. With the addition and porch, they will still be meeting the front 15 foot setback. Applicant Presentation: Applicants Paul Avery, 226 N Loomis Ave and Jonathan Day,111 S Roosevelt Ave, addressed the board. In 1998 there was an additional 1.5 feet of property line that was sold to the adjacent property, which added to the hardship. The neighbor who will be impacted provided a letter of support. Audience Participation: (none) Board Discussion: Boardmember Stockover thinks this is a reasonable request. The setback is further than the existing house. It is well thought-out and has neighbor support. Boardmember Lawton added that the design is in character with the neighborhood. Boardmember Shuff thinks this is reasonable given the narrow lot. Boardmembers McCoy, LaMastra, Shields and Meyer are also in support Boardmember Stockover made a motion, seconded by Shields, to approve ZBA200045 for the following reasons: : Granting the modification as standard would not be detrimental to the public good, and the proposal as submitted would 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 contained in Section 1.2.2 with the following findings: The existing structure encroaches further than the proposed encroachment, the proposed encroachment is 10 feet in length. Yeas: Shields, Meyer, LaMastra, Stockover, Shuff, McCoy, Lawton. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED.  OTHER BUSINESS - none  ADJOURNMENT – Meeting adjourned at 10:30 Ralph Shields, Chairperson Noah Beals, Senior City Planner-Zoning Agenda Item 1 Item # 1- Page 1 STAFF REPORT December 10, 2020 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA200046 PROJECT DESCRIPTION Address: 1218 Canvasback Ct Petitioner/Owner: Xiang Hong Lee Zoning District: R-L Code Section: 4.4(D)(1) Variance Request: This is a request for a variance to increase the allowable floor area by 242 square feet by enclosing a deck area on more than three (3) sides. In the R-L (low density residential) zone district, the allowable maximum floor area is one-third 1(/3) of the square footage of the lot. This is the second request to increase the allowable floor area for the lot. COMMENTS: 1. Background: This property is located in the Paragon Point P.U.D. Phase Four subdivision. This subdivision was approved by the City in 1993. The current Zoning of the property is Low Density Residential (R-L) Zone District. Within the R-L, the minimum lot size is 6,000 square feet and the minimum square footage is 1/3 the lot the size. This property is 7,526 square feet, which allows for 2,508 square footage of building. In 2016, the Zoning Board of Appeals approved a 224 square foot increase above the allowed floor area. This increase was for an addition to the front of the house. This approved addition continued to meet the setbacks of the property and aligned the existing building footprint. At that time this approved increase was a 4.6% increase of the allowable floor area. Currently the existing floor area on the lot is 2,732 square feet. With the proposed increase of floor area, this number would rise to 2,974 square feet. The lot is 7,526 square feet and one-third (1/3) is 2,508 square feet. The proposed addition will bring the total floor area to 39.5% of the lot size. The proposed floor area is a result of alterations to an existing deck. This deck is covered and is open on two sides. The alterations include putting in windows and a door to fully enclose the deck. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval of additional 242 square feet of floor area and finds that: • The variance is not detrimental to the public good • There is a low visual perception of the increase • The Increase is a 6.5% increase of allowable floor area for the lot 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 contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL ZBA200046 1 Jennifer Luther From:Noah Beals Sent:Monday, November 30, 2020 3:24 PM To:Jennifer Luther Subject:FW: [EXTERNAL] Appeal:ZBA200046     ‐‐‐‐‐Original Message‐‐‐‐‐  From: jsteele2251@gmail.com <jsteele2251@gmail.com>   Sent: Monday, November 30, 2020 3:21 PM  To: Noah Beals <nbeals@fcgov.com>  Subject: [EXTERNAL] Appeal:ZBA200046    To Whom It May Concern,    We live one house away from the property in question.  The Lee’s have made many improvements to their property  since we moved in five years ago. Everyone of them has improved the look and value of their home, and that raises the  value of all homes around them. We appreciate their hard work and pride of ownership.    Regarding this request, we are in complete support. Considering this request will enclose an existing structure it will not  be a detriment to the neighborhood and in keeping with the Lee’s quality of work, will again only enhance the area.    We are in a great location and quality improvements, adding square footage especially, only increases value for all of us.    Thank you for your attention,    Jerry and Jerry Steele  1206 Canvasback Court        Sent from my iPad    Agenda Item 2 Item #2- Page 1 STAFF REPORT December 10, 2020 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA200047 PROJECT DESCRIPTION Address: 3100 S. College Ave Ste 110 Owner: Walton Foothills Holdings VI, LLC Petitioner: Charley Schalliol Zoning District: C-G Code Section: 3.8.7.2(A)(1) Table A; 3.8.7.2(D) Table D Variance Request: This is a request for a variance to exceed the allowable sign square footage for the building and exceed the allowable sign area displayed on an awning. This tenant space is allowed 93 square feet of sign area. The proposed signs will exceed it by 469.24 square feet. Awnings are limited to 25% square feet of signage. The request is for 100% of the awning to be used for sign area. COMMENTS: 1. Background: The Foothills Mall Redevelopment was approved in 2014. This site approximately encompassed over 74 acres of land, 25 buildings and a mix of uses. The sign allowance for each building in this development was approved with the development plan. The sign allowance was based on the length of a single building wall that faces the street. In this case the original sign allowance granted to 3100 S College Ave is 243 square feet. This building is a multi-tenant building and as such the total sign allowance is divided among the different tenants. In 2016 the Zoning Board of Appeals approved an increased 31.47 square foot allowance to be used on the awning of the south tenant of the building. Also in 2016, the Sear’s building had a similar request for their awnings that face South College Ave. These four awnings were 100% signage and an increase to the overall sign allowance. Additionally, the Foothills Mall Redevelopment has approved architecture which includes certain materials and colors. An approved awning is allowed to have signage placed on it, but the code limits the signage to 25% of the awning. The applicant is proposing two illuminated signs on the building. One on the west and one on the east side of the building. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.4(H), staff recommends approval with the condition of only 2 out of the 4 awnings shown on the west and north side of building be allowed an increase of sign allowance and 100% of the area of the awning to be used and finds that: • The variance is not detrimental to the public good • Awnings are used for signage in the Foothills Mall subdivision Agenda Item 2 Item #2- Page 2 • The tenant does not occupy the entire building and limiting to two awnings reduces sign clutter • There is not additional signage proposed on the north side of the building. 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 contained in Section 1.2.2. 4. Recommendation: Staff recommends approval with condition of APPEAL ZBA200047 JUSTIFICATION of REQUEST: Reason: (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. (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 land 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); Request: Fidelity Investments is seeking the ability to utilize a forest green color awning material for their new tenant space within the Foothills Mall development. The forest green colored awning is proposed for use on the North, West, and East elevation of the building. Forest green is NOT an approved color of awning material within the Foothills Mall development and this color is commonly associated with the Fidelity Investments color scheme and therefore a variance is requested for overall square-footage for this tenant space. In addition, Fidelity Investment is seeking the full use of the color on the awning which is greater than the 25% or 35 sqft regulation outlined per the code. Justification: The modification that is being requested via this application would allow Fidelity Investments the opportunity to utilize Sunbrella Forest Green Awnings on the East, North, and West elevations of their tenant space. Due to the restrictions outlined in the Land Development Code, a variation is required to allow for the entire awning to be the Sunbrella Forest Green as it is not a color outlined as approved in the Foothills Mall Development Plan. The new Fidelity Investments tenant space will be in the building known as Block 13A, Space 110 within the Foothills Mall Development. This tenant space is in the same building as Lens Crafters and is directly South of the Nordstrom Rack standalone building. Due to the position within the center, Fidelity Investments is seeking the ability to highlight their tenant space through the use colored awnings. The Fidelity Investments tenant space, by code, is allowed a maximum of 93.48 sqft of sign area for this tenant space. Since this tenant space has exposure to South College Avenue, signage is needed that faces this roadway as well as signage over the main entrance to the building which is located on the parking lot side of the building facing into the center (East elevation). Since two signs are needed for wayfinding identification, Fidelity Investments will be utilizing (2) façade signs which are appropriately sized for the architecture of the building and use up almost the entire amount of allowed sign square- footage. As such, the awnings that are requested on the building, specifically the West facing elevation, adds to the square-footage totaled for this tenant space. Staff has advised that since forest green is not an approved awning color in the development agreement for the mall and that this color is commonly associated with Fidelity Investments, that the awning on the West elevation would put the total area of the requested signage at 214.88 square-feet. Per staff, only the awning on the West elevation is included in the sign area calculation and that the awnings that are requested on the North and the East elevation only need approval for the forest green color to occupy the entire awning structure. The use of forest green awnings for the Fidelity Investments will not be a detriment to the center or the surrounding area and is a nominal or inconsequential alteration to what is allowed in the area. This can be stated confidently as there are other examples of national tenants that are utilizing colored awnings that fall outside of the “approved” Foothills Mall color palate. In addition, while the forest green color has been associated with the Fidelity Investments “brand”, the awnings that are requested carry no commercial copy and is not an exclusive feature of the Fidelity Investments brand (i.e. other national tenants use forest green). This application does not represent an overreach request that would alter the character of the area or confer upon this applicant any special privileges. This tenant space is unique within the center as it is somewhat tucked away along its Eastern frontage, setback from the Nordstrom Rack building directly adjacent, with the entrance to this tenant space pushed towards the North end of that elevation. The Fidelity Investments trade logo is white with a gold pyramid crest. This color scheme applied to the light brown building façade has limitations on the overall effectiveness that signage will have to the motoring public. The awnings that are requested would allow this tenant space to be framed out on the exposed elevations and will assist in ensuring that this tenant space is not lost/overlooked within the built retail environment. Both variations that are sought as part of this application are supported by the property ownership of the center and have not been found to be outside of what they feel is compatible with the center or the use of this space. This application represents a request of a tenant to ensure that motorists that are traveling to, and within, this center can readily identify their destination. October 22, 2020 - VARIANCE Ph: 1 . 800 . 660 . 1838 Fax: 1 . 574 . 237 . 6166 www.siteenhancementservices.com Foothills Mall Fort Collins, CO PROPOSED - EAST ELEVATION SCALE: 3/32" = 1' Scale: 1/8"= 1' 180.6 SF Custom Awning 6'-2"3'-0" 29'-3 1/2" 34'-4" Page 2 of 6 PROPOSED - NORTH ELEVATION SCALE: 3/32" = 1' NEW WINDOW NEW WINDOW NEW WINDOW NEW WINDOW Scale: 3/32"= 1' 127.4 S F 214.9 S F 127.4 SF 127.4 S F Custom Awnings6'-2"6'-2"3'-0" 20'-8" 20'-8" 34'-10 1/4" 95'-11" Page 3 of 6 PROPOSED - WEST ELEVATION SCALE: 3/32" = 1' Scale: 1/8"= 1' Custom Awning 6'-6"3'-0" 18'-8 1/4" 48'-9" 121.4 SF Page 4 of 6 AWNING SPECIFICATIONS AW NIN G MAT E R I AL S UN BR E L LA F O RES T GR EEN #6037 Page 5 of 6 SURROUNDING BUSINESSES Page 6 of 6 Agenda Item 3 Item #3- Page 1 STAFF REPORT December 10, 2020 STAFF Noah Beals, Senior City Planner/Zoning PROJECT ZBA200049 PROJECT DESCRIPTION Address: 1050 Hobbit St Owner: Summit Management Petitioner: Lisa Croston Zoning District: M-M-N Code Section: 3.8.7.2(G) Table (G)(1) Variance Request: This is a request for a variance to install a monument sign 10 feet from the adjacent residential zone. The required setback is 75 feet. COMMENTS: 1. Background: This property was annexed into the City in 1969 as part of the Spring Creek Third Annexation. In March of 2020, this site was approved for a multi-family development project know as Landmark Apartments and is currently under construction. This development fronts two public streets: E Prospect Ave and Hobbit Street. The vehicle access point is from Hobbit Street and access from Prospect Road is limited to emergency only. The curve length of frontage of the property along Hobbit Street is 44.25 feet. The property to the south is vacant, however, a development application has been submitted and is being reviewed for this property. This project will include multi-family buildings and two-family buildings. 2. Applicant’s statement of justification: See petitioner’s letter. 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends approval with the condition that only the sign facing towards Hobbit Street be illuminated, and the tree shown in the approved landscape plan is still planted in the landscape area shared by the sign and finds that: • The variance is not detrimental to the public good. • The property only has 44.25 feet in length from interior lot line to interior lot line. • The illuminated sign face is mostly parallel to the public right-of-way. • The height of the sign is 5 feet. • The approved landscaping will reduce visual impact of the sign to the east. 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 contained in Section 1.2.2. 4. Recommendation: Staff recommends approval of APPEAL ZBA200049 Not to scaleExpanded on pg.2New Sign LocationSite Plan - The Social Fort Collins: 1050 Hobbit St, Ft Collins,CO 805262108/12/20Chris SlovickSite PlanSocial Ft Collins1050 Hobbit StFort Collins, CO80526 Site Plan - The Social Fort Collins: 1050 Hobbit St, Ft Collins,CO 80526100.07 in Scale 3/64” = 1’Not to scaleVisual overlay = New SignProperty lineSet back10’ fromPropertyLine 8.3’To back ofsidewalkNewSign LocationFurther then 2’Of Right-of-wayNew Sign Location2208/12/20Chris SlovickSite PlanSocial Ft Collins1050 Hobbit StFort Collins, CO80526 J%TŸrzv•rPvŠŸ†cZvŸŸ€“<vŠcŠž8Ÿ*Ÿr<v“T<FŠ“‚PŸ Ÿcv†Š<kkŸ  B 'Ÿ7 )'Ÿ                         L@ 9R @<9Q&RDMR R ENR RE&=AI/PR 7B1->5$R RD2.:R*"'R"!0:'HR RF?R+((JR ROR R     D@0-424-)F4=;Dm;8%R#)R034K608%#R6;8K6%8GRC0,8R‹™zŸ‡&UŸ‡c[vŸG=CcvMŠ‡Ÿ1ŸJMM}Ÿcv‡Œ=llŸH>DdwNˆŸD>HiŸ{ŸD>HiŸ{wŸs{w”sNwŸˆƒ”H”ƒN Ÿ=l•ttcv“tŸH{wˆƒ”He{w!Ÿ}=cv‹Ÿ>mmŸˆdKNˆŸ{wNŸH{m{ƒ"Ÿ=llŸ[‚=}^cG‡:Ÿ+&.ŸHmN>ƒŸ~”ˆ__Ÿƒ”Ÿ>HƒmeH!Ÿm>ƒ\OŸmOOƒˆŸš_dO&š_eOŸDm{Hi{”Ÿ—ewmŸ{wŸV>HOŸ{VŸmOOƒˆŸfwHm”KNŸ+&6ŸHmN>ƒŸDN—NmNKŸD{ƒKNƒŸ{”mewNŸ{wŸW>HN!Ÿˆs>mmOƒŸmOOƒˆŸš_eRš_eOŸDm{Hi{”Ÿ—dwmŸ{wŸV>HOŸ{VŸm’ƒˆ Ÿ>mˆ{Ÿ>~~qŸNmm{šŸ—dwmŸ{ŸV>HNŸ Ÿ{Ÿ.wKŸˆ”ƒV>HNŸ{VŸ>HƒmfH ŸfwHm”KOŸ+&6ŸHmO>ƒŸDO—OmOKŸD{ƒKOƒŸ{”mewOŸ{wŸV>HO!Ÿcll“tcx=Šczv:Ÿš_fNŸmNKˆŸše_fwŸH>DewNˆ ŸˆNNŸwd\_ŸH{wHN~Ÿ{wŸwSŸ~>\N!ŸžPkkz™ŸŠ=CŸ“vJP„ŸG=CcxP‹9Ÿ>m”sew”sŸ~>dwNKŸ{wŸD{`ŸˆdKNˆŸdwˆ>mmŸVƒ{wŸ{ŸD>Hi"Ÿw{Ÿdmm”sfw@d{wŸ”wKOƒŸH>DdwOŸ Ÿw{ŸK{šwŸme\_dw\Ÿ{wŸŽ>DŸC=Gj[‚z•vJŸ‡Œ‚•GŒ“‚MŸ=xJŸC=‡M:Ÿ>mnŸ>m”sdw”sŸ~>dwNKŸ{ŸDmNwKŸše_ŸD”emKew\!ŸfwHm”KOŸ~dwŸˆƒd~Oˆ ŸH{m{ƒˆŸDK Ÿx“tM‚=l‡Ÿ=JJ‚M‡‡:Ÿ,&2Ÿ_eHiŸ>m”sew”sŸVm”ˆ_Ÿs{”wNK$Ÿcv‡Œ=llŸ‡c[v;Ÿˆdw\mOŸˆOOmŸ~d~OŸKdƒOHqŸD”ƒdOKŸewŸH{wHƒOOŸV{{ew\Ÿ~OƒŸH{KOŸ!Ÿ        -( 4Ÿu?œŸ|?ŸoQy]aŸ|ŸYgŸgyŸ?…Q?Ÿ3(ŸhyŸ|˜Q…?ppŸbQg]aŸ‰b|›yŸ3Ÿu?œŸ?pp|›QL Ÿ0/Ÿ‰ŸXQQŸ?pp|›QL ŸE?‰QŸyQQL‰Ÿ|ŸEQŸAŸpQ?‰Ÿ5(ŸŸ|XŸ‰h]yŸpQy]b#Ÿ?ppŸgyLg…QIŸb?p|Ÿph]bhy] Ÿ‰h]yŸ|ŸI|upguQy‘ŸE–gpLgy]ŸI|p|…‰Ÿ?yLŸXhyh‰bQ‰ ŸBm*OOmOPdLUYcmMLNXmU]d^mOaLiU]RmQ^bm]Pjdm_SLcPm   m9EmBm/fPmd^mN^OPmbPhUcPmd^mm^hPaLZYmSPVRSdmL]Omc`mQ^^eLRPmLdmm^amg]OPb mBPNPUhPOmMgVZOV]RmN^Z^bcmL]OmNTL]RPOmcUR]mN^Z^acmcPPmN^OPmbP`fWaP\P]dc m   m9EmB m*OOm]Om^_dV^] m+   m9EmB!m.SL]RPmcUlPmN^]QURgaLdV^]mcYURSdZkmB+"m*OOmOUaPNdU^]LZmd^mcN^_Pm   m9EmBm.TL]RPmV]cdLZZm^]mOVbPNdV^]LYmcUR]m   m9EmB7?%m.S]L]RPmd^m^hPbLZZm mmYP]RdSm   m9EmB[m#m*OOmLYZmc_PNcmd^mcPZPNdPOm^_dU^]m   m9Em        .951<G$m )) &)')#$&!)) )   $ %(%!%#      *..>I<Gm1K1.IG5J1%mG>//m:B>Em/1E63<1B&m9PcZUPmEfZZUhL]m/*G1'm   m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m*..>I<Gm1K1.IG5J1m.951<Hm9*</9>B/m/1E63<m<I:,1B%m C8>,m>B/1Bm<I:,1BmWĂŐĞϭŽĨϮ   :c)EEcEFZBKOYcCBDNcKSZTcEWB_KSHcGTXcSF`ZcUIBYFc   c4<c:c-\FcZTcDTEFcXF^KYFcZTccT^FWBPOcIFLHIZcBSEcYVcGTT[BHFcBZccTWc]SEFX c:FDFK^FEcC]LPELSHcDTPTXYcBSEcDJBSHFEcYKHScDTPTWYcYFFcDTEFcXFV\MWFRFSZY c   c4<c: c)EEcSEcTUZLTS c*   c4<c:!c,IBSHFcYKbFcDTSGKH]WBZLTScYOKHIZPac:*"c)EEcEKWFDZKTSBPcZTcYDTUFc   c4<c:c,JBSHFcLSYZBPPcTScELXFDZLTSBOcYKHSc   c4<c:28#c,ISBSHFcZTcT^FXBPPc ccOFSHZIc   c4<c:Qc$c)EEcBOPcYUFDYcZTcYFPFDZFEcTUZKTSc   c4<c           ,40.6=%c )) &)')#$&!)) )   $ %(%!%#      ),,7?6=c.A.,?=0@.#c=7--c5:7<c-.<1/6.:&c4FYPKFc<\PPK^BSc-)=.'c   c  )() %()"%)!)%1+Q+]H;'CQ]'L+]S1+]+Z);VQ3W+]HLEH+LS[]E-]#'@Q'[]$30CQ]C) ] S1+]EL303C';]XEL:]E.]3SQ]*+Q30C]S+'@ ]%1+[]'L+]QV(@3SS+*] SE][EVM])E@H'C[].EM]S1+]QE;+]HVLHFQ+]F.][FVL])FCQ3*+L'S3FC]F.]X1+S1+L]SF]HVL)1'Q+]S1+Q+]H;'CQ]EL]SE]HVL)1'Q+]/LE@]#'@Q'[]$30CQ]C) ]']Q40C]@'CV/')SVL+*]'))EL*3C0] SE]S1+Q+]H;'CQ ]AQSP3(VS3FC FL+Z13(5S3FC F. 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