Loading...
HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 03/11/2021 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 MARCH 11, 2021 8:30 AM  CALL TO ORDER and ROLL CALL All Boardmembers except Shuff were present.  APPROVAL OF MINUTES FROM PREVIOUS MEETING Lawton made a motion, seconded by Shields, to approve the February 11, 2020 Minutes. The motion was adopted unanimously.  CITIZEN PARTICIPATION (Items Not on the Agenda) None.  APPEALS FOR VARIANCE TO THE LAND USE CODE *Vice Chair LaMastra recused herself from the first appeal due to a conflict of interest and left the meeting* 1. APPEAL ZBA210006 – APPROVED Address: 528 W Mountain Ave Owner: Misha and Jason Green Petitioner: Jordan Obermann Zoning District: N-C-M Code Section: 4.8(F)(1)(g) Project Description: This is request for a new single family detached home to use roof pitches of 16:12 where the maximum allowed is 12:12. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting that the existing structure will be demolished. Processes for Historic Review will also take place but is outside the scope of this request. The 16:12 pitch would be applied to the main unit of the house as well as ZONING BOARD OF APPEALS MEETING MINUTES Zoning Board of Appeals Page 2 March 11, 2021 the accessory building. The code allows for an increased roof pitch if there is already the same on the existing house. Because this is a new house, there is a requirement to meet the code. He showed various of examples of homes in the same district with 16:12 roof pitches. Boardmember Meyer asked about the intent of the limit of the code. Beals said that his understanding is to help preserve and remain within the character of the neighborhood. Applicant Presentation: Applicants Jordan Obermann, 116 N College Ave Ste 5 and Collins Ferris, 7217 Caledonian Ct Windsor addressed the board and agreed to have the hearing held remotely. The intent was to stay within the overall character of the neighborhood. The standard seems to be very diverse. They were paying attention to height and massing. If they did the standard pitch, the roof would be higher. The massing would be higher. It is important to have the higher pitch to make the design work. Audience Participation: (none) Board Discussion: Boardmember Stockover mentioned that the new house is further east of the current house. With the explanation given by the applicant of the taller wall height, he believes that the impact to the neighbor to the east has been mitigated. Boardmember Meyer does not have any concerns. Boardmember Lawton thinks it is a good design and will be in support. Boardmember McCoy thinks it is a good add to the neighborhood and will add value. Chair Shields thinks it is a modern take on the Tudor style and would be in favor. Boardmember Stockover made a motion, seconded by Meyer, to approve ZBA210006 for the following reasons: The granting of the modification as standard would not be detrimental to the public good and 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 with the following findings: The proposed roof pitch is an increase of a 4-inch rise; the neighborhood includes varying roof pitches and the wall height as designed for the second story mitigates the impact of the increased roof pitch; there was no neighborhood concern with this. Yeas: Meyer, Lawton, Shields, McCoy and Stockover. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED **Boardmember LaMastra rejoined the meeting** 2. APPEAL ZBA210007 Address: 1154 W. Mountain Ave Owner: Elizabeth James Petitioner: Jeffrey Schneider Zoning District: N-C-L Code Section: 4.7(D)(5); 4.7(F)(2)(b)(1): 4.7(F)(2)(b)(3) Project Description: This is a request to build a new accessory building initially was identified as requiring two variances. After an administrative interpretation was requested and reviewed, it was found only one variance was required. The first variance is for an accessory building with habitable space to exceed the maximum floor area by 43 square feet. The proposed accessory structure would total 643 square feet of floor area, where 600 square feet of floor area is permitted. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the placement of the accessory structure. The existing accessory structure will be removed. The structure is for a new garage with space above. There used to be an alley adjacent but it has been vacated. The only access Zoning Board of Appeals Page 3 March 11, 2021 would be from Pearl St. The extra square footage is from the dormant. The new accessory structure will meet the setbacks. Shields clarified the zoning district and said he thought 1000 sf was allowed for an accessory. Beals clarified that the 1000 sf only applies to an actual carriage house or new dwelling unit. Applicant Presentation: Applicant, Jeff Schneider,375 E Horsetooth Rd Bldg 4 Ste 102, addressed the board and agreed to the remote proceedings. He thought that staff did a good job presenting. Audience Participation: (none) Board Discussion: Boardmember Stockover believes this is very minimal and will be in support. Boardmember Lawton thinks this is an improvement and solves the problem of the side setback. Chair Shields noted that there was no objection from neighbors and will be in support. . Boardmember Stockover made a motion, seconded by LaMastra, to approve ZBA210007 for the following reasons: The granting of the modification as standard would not be detrimental to the public good and 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 with the following findings: the visual discernment of an additional 43 square feet is minimal; the proposed design does not exceed the allowable floor area for the overall lot and is in the rear half of the lot; the property does not have an alley and vehicle access is from the side lot. The structure is set back an additional 3 feet from east the property line to meet the wall setback. Yeas: Meyer, LaMastra, Lawton, Shields, McCoy and Stockover. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED ** A 5 minute break was taken by the Board at 9:11 AM** ** The meeting resumed at 9:17 AM. Roll call was taken and all boardmembers were present. 3. APPEAL ZBA210008 Address: 2021 Yorktown Ave Owner/Petitioner: Dustin Fisher Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: This is a request for a variance for an accessory structure to encroach 7 feet into the 15-foot rear setback. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, noting the house is on a corner. It abuts a place of worship property and another house. There are trees which prevent the structure from meeting the required setback. Vice Chair LaMastra wanted clarification on whether it was just the height which causes the requirement for the building permit. Beals confirmed the measurements were 136 x 141 inches (13 square feet) over and 1 ¾ feet over in height. Lawton confirmed that just the rear setback was not met. Beals confirmed side setback was being met. Lawton also asked about the utility easement. Beals confirmed they were staying outside of the easement but still not meeting the setback. Zoning Board of Appeals Page 4 March 11, 2021 Applicant Presentation: Applicant Dustin Fisher, 2021 Yorktown Ave addressed the board and agreed to have the hearing held remotely. Intent is to make sure they are in compliance of the utility easement. They did a lot of research to find a shed which was aesthetic to the neighborhood. Audience Participation: (none) Board Discussion: Boardmember Stockover believes this is easy. The intent is to keep the mature landscaping and the visibility of the church. He doesn’t think there is any impact to the neighbors or objections. Boardmember Lawton agrees and likes that they are keeping the mature tree. Boardmember Stockover made a motion, seconded by Meyer, to approve ZBA210008 for the following reasons: The granting of the modification as standard would not be detrimental to the public good and there are exceptional physical conditions or other exceptional situations unique to the property which is subject of the request as follows: there is a large mature tree which limits the placement of the structure. And 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 with the following findings: The tree in the rear yard prevents the structure meeting the rear yard setback; the abutting property is an undeveloped field; the structure is 9.75 feet tall; the structure is 144 square feet in area. Yeas: Meyer, LaMastra, Lawton, Shields, McCoy and Stockover. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED  OTHER BUSINESS (none)  ADJOURNMENT – Meeting adjorned at 9:30AM Ralph Shields, Chairperson Noah Beals, Senior City Planner-Zoning