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HomeMy WebLinkAboutLand Use Review Commission - Minutes - 09/08/2022 Shelley La Mastra, Chair Ian Shuff, Vice Chair David Lawton John McCoy Taylor Meyer Nathanial Coffman Katie Vogel Council Liaison: Shirley Peel 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 SEPTEMBER 8, 2022 8:30 AM • CALL TO ORDER and ROLL CALL All Commission members were present with the exception of Commission member Vogel. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Shuff made a motion to approve the August 11, 2022, Regular Hearing Minutes with corrections requested by Lawton. The motion was adopted; Commission members La Mastra, McCoy, and Lawton voted to abstain. • CITIZEN PARTICIPATION (Items Not on the Agenda) • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA220026 Address: 1024 S Lemay Ave. Owner: UCHealth / Poudre Valley Hospital Petitioner: Ashley Ray, UCHealth Design & Construction Zoning District: E Code Section: 3.8.7.2(G) Table (G)(1) and Table (G)(2); 3.8.7.2(G) Table (G)(1); 3.8.7.2(G) Table (G)(1) Project Description: This is a variance request for an additional 5 ground signs in addition current ground signage currently on site. Sign "2" is requesting 3 variances: (1) 8 feet from southern property line, where 15 feet is the required setback from interior lot lines. (2) 2 feet from the western property line where 10 feet is the minimum required setback for a ground sign that is 9.67 feet tall. (3) An additional primary ground sign where only 1 is allowed per frontage. LAND USE REVIEW COMMISSION MEETING MINUTES DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 2 September 8, 2022 Sign "7" is requesting 1 variance: (1) An additional ground sign where only 1 is allowed per frontage. Sign "11" is requesting 1 variance: (1) An additional ground sign where only 1 is allowed per frontage. Sign "14" is requesting 2 variances: (1) An additional ground sign where only 1 is allowed per frontage. (2) 14 feet from southern property line, where 15 feet is the required setback from interior lot lines. Sign "19" is requesting 1 variance: (1) An additional ground sign where only 1 is allowed per frontage. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on the corner of Doctors Ln and S Lemay, and comprises the hospital facilities. The request is for additional ground signs. This commission has heard previous requests for additional ground signs at this location, and those requests have been approved. This is an emergency facility, and the additional signs are mostly necessary to direct those experiencing an emergency to the appropriate location in a timely manner. Code restricts the number of ground signs a property can have, based on total frontage. This property only has two frontages, along Doctors Ln and along S Lemay Ave. The ground signs being request add more ground signs along Lemay, as well as within the interior of the property. A variance is necessary because our code states that if signs are visible from an abutting property, they are counted against one’s sign allowance. All signs being requested today are illuminated. Continuing, Beals presented a site plan denoting the proposed locations of the additional ground signs. With the reconstruction occurring at the hospital site, some existing signs will be re-done and/or relocated. Sign 2 as marked on the plan requires a variance due to the height based on its proximity to the public right of way. Code states you can go higher the further back from the right of way a sign is located. There is also a requirement for setback from the back face of the sidewalk. Due to some existing landscaping and slope of the immediate area, the sign is requested to be set within the required setback. Additional ground signs are also proposed along the entrance drives, helipad entry, and hospital main entrance. They are interior signs but require a variance due to their visibility amongst abutting properties. Beals presented renderings and design sketches of the proposed signs, noting their increased height and location in relation to the public right of way and property line. Beals noted the site is currently under construction and pointed out in pictures where the existing property line is located and the approximate location of the proposed signs along the S Lemay Ave frontage. Chair La Mastra asked if Sign 2 is asking for a variance based on the distance from the right of way, not the distance from the property to the abutting residential property line. Beals responded that the proposed Sign 2 is asking for a variance for its location in relation to the public right of way and asked Zoning Inspector Missy Nelson to confirm whether or not it was in compliance with the distance to the residential property. Nelson responded that the proposed sign location also needs a variance based on its being closer to the residential property than allowed by code. La Mastra asked staff how much over allowed the sign is located; Beals responded the sign is set back at 8 feet, while the requirement is a 15-foot setback. Nelson confirmed this to be accurate. La Mastra asked for confirmation that the residential property owners had received notice of the variance request; staff confirmed this as accurate. Commission Lawton asked if Sign 2 was illuminated; Beals confirmed that the sign will be illuminated. La Mastra asked for confirmation that the reason the proposed sign location is within the required 15- foot setback is to prevent people from entering the turn lane and then trying to merge back in to traffic. Beals stated that would be his suspicion, though that can be confirmed by the applicant during their presentation. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 3 September 8, 2022 Applicant Presentation: Applicant representatives Jeff Mann, ArtCraft Sign, and Ashley Ray, UC Health Design & Construction, addressed the Commission and agreed to hold the hearing in a hybrid format. Mann provided some data for the record, stating that according to UC Health internal data, ER visits totaled 169 visits per day, representing over 60,000 visits a year. The main thrust of the request is that from northbound Lemay Ave., if one is looking for the Emergency Room, a driver needs to quickly discern the main entrance from the Emergency Room entrance. If one mistakenly takes the turn lane for the main entrance, they are forced to navigate all the way through the parking lot, back to Doctors Lane and around to the Emergency Room entrance. Thus, the proposed signs and locations 7, 14, and 19 are being requested to assist in quick navigation through the property back to the ER. Hopefully, Sign 2 will assist in navigating drivers up N Lemay to Doctors Ln, where they can easily take a right-hand turn into the dedicated Emergency Room entrance drive. Commission member Lawton asked if the additional signs are mainly for directional purposes and navigating through the parking lot to get to the correct location. Mann responded that assessment was correct; the main purpose is to distinguish for drivers between the separate main, ER, and ambulance entrances present within the hospital grounds. Chair La Mastra posed a question regarding directional signage. If a driver approaches and follows the sign to Doctors Lane, how do they know where to go from there? Mann indicated that location #27 (not included in the variance), has a directional arrow. La Mastra indicated that sign points out to the street. Applicant representative Randulfo Ponce addressed the Commission and agreed to hold the hearing in a hybrid format. Ponce stated that sign #28 would further direct drivers to the ER entrance. La Mastra asked for clarification regarding the reasoning behind why sign #2 has to be placed further south that the required 15-foot setback from the neighboring residential property. Ponce responded that the intent is to prevent drivers from entering the right-hand turn lane and then having to perform a last-minute merge back into northbound travel lanes of S Lemay Ave to reach Doctors Ln. La Mastra asked if there was a history of accidents at this location due to merges as described. Ponce responded there was a history of having to install a lot of temporary signage to prevent drivers from entering at that location. Ashley Ray commented one of the main goals of this signage project is to create a space at PVH that is very obviously the main entrance. The current renovations will ultimately draw a lot of folks into the main entrance, but folks that need to get to the ER entrance quickly need to be effectively directed away from the main entrance to the dedicated ER department entrance drive. Ponce commented that temporary signs are available in the provided image and are an example of the current measures that are being taken to prevent driver errors and accidents near the hospital entrances. La Mastra the applicants to confirm her understanding that increased sign heights and encroachment in the required setbacks have been deemed necessary in order to provide maximum visibility of the signs to drivers in the adjacent street. Ponce confirmed that if the signs were set further back into the property, existing trees and landscaping could obscure visibility. The trees may not be cut down according to existing code requirements. Commission Discussion: Commission member Lawton began discussion, stating he totally understands the intent to provide more information sooner to drivers through signage as they approach and enter the hospital facility. Lawton also noted the lack of neighbor comment regarding this appeal, pointing out that one of the proposed signs is almost on the property line. As long as the property owner has been properly notified and has not submitted comment, there is no longer a concern. Commission member Coffman stated anything that can be done to increase the predictability of traffic interactions at this location, particularly those involving vehicles trying to merge out of the turn lane back through the bike lane and travel lane 1, would be of benefit to the public good and safety. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 4 September 8, 2022 Commission Member Meyer made a motion, seconded by Lawton to APPROVE ZBA220026 for the following reasons: the granting of the modification of standard would not be detrimental to the public good; the increased signage will be beneficial to the public good to give clear direction to those in emergency situations; the campus setting of the hospital includes a longer street frontage than the typical nonresidential uses; Signs 7, 11, 14 and 19 are internal to the site and a six-foot fence separates the residential properties from the hospital grounds; existing sidewalk location, trees and drive access limit the location of ground sign to be effectively visible during an emergency situation. Therefore, the variance requests 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. Yeas: Shuff, Meyer, La Mastra, Coffman, McCoy, Lawton Nays: - Absent: Vogel THE MOTION CARRIED, THE ITEM WAS APPROVED 2. APPEAL ZBA220027 Address: 324 Jefferson St. Owner/ Petitioner: R.T. Custer Zoning District: D Code Section: 3.8.7.2(B)Table(B) Project Description: This is a variance request for a 6.67-foot-tall wall sign to be installed within 15 feet of the elevation of the sidewalk below, where 4.5 feet is the maximum allowable height. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on Jefferson St. and is an L-shaped building with a portion that fronts right on the public sidewalk along Jefferson St, with the other portion setback from the sidewalk with a parking area in front. Sign code updates that occurred five years ago placed a limitation on sign height on the first floor within the downtown district. That limit is 15-feet above sidewalk grade. The purpose of that requirement is to keep signs at the pedestrian level at the appropriate size and scale to the pedestrian environment. Taller sings could be installed above 15 feet. This sign was created above the 4.5-foot size that is allowed at the front level; the applicant is proposing installation of the sign on the portion of the building that is setback from the sidewalk, above the parking lot area. Thus, the sign would be setback from the pedestrian scale frontage along the sidewalk. Beals described the front elevation of the building, noting that the façade includes faux stone and metal cladding. The proposed sign location is above the existing trash enclose area and is below the 15-foot elevation of the sidewalk. This distance from the sidewalk to that portion of the building is over 50 feet. The sign as constructed is a 6-foot 8-inch diameter stainless steel dye cut element, with a non- reflective distressed finish. To clarify, Chair La Mastra asked if the 15-foot height requirement is in place regardless of the setback. Beals answered in the affirmative, noting that most buildings in the downtown area do not have a setback area as this property does, and are instead right up against the public right of way. This building is unique within the downtown district. Vice-Chair Shuff asked, based on the sign code, if the same sign could be installed at a 15-foot height in that location, which would probably be taller than the building. Beals confirmed and noted that wall signs are not permitted go over roof line. Commission member Lawton asked if the variance pertained only to the specific location on the building, and that the sign could not be moved. Beals stated this was accurate and added that not only would be variance pertain to the specific location being proposed, but it also to the dimensions of the DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 5 September 8, 2022 sign. Content can change over the years, but location and dimensions could not be changed if this variance is approved. Shuff asked for the distance from the back of the sidewalk to the front of the setback portion of the building. Beals answered that when he calculated the measurement, it is approximately 50 feet. Applicant Presentation: Applicants R.T. Custer and Tyler Wolfe addressed the Commission, and both agreed to hold the hearing in a hybrid remote format. Custer stated the staff presentation was thorough and accurately represented what was included in the application for variance. Custer highlighted the fact that they could not place the sign at the required 15-foot height because their building is not tall enough, and they made the sign the size that it is to ensure that it was scaled appropriately for visibility purposes. In addition to the facts presented in the application, Custer noted that they have had may folks voice confusion regarding the nature of their business, parking access, etc. Placing the sign near the corner of their building will hopefully alleviate some of the confusion and improve safety in the immediate vicinity. Chair La Mastra asked if the applicants owned the portion of the building with the rock façade; the applicant indicated that they do own that portion of the property as well. Applicant Wolfe added that part of the reason for making the sign the size that it is was due to the fact that previous to their ownership, the building had a 10-foot-tall logo sign on the side. Wolfe stated he was unaware of the sign code and was encouraged to produce the sign at its current size by their general contractor. In relation to the previous 10-foot sign, the applicants felt their sign represented a conservative size. Because the sign has already been produced and paid for, it would hurt financially if a new sign needed to be produced. Commission Discussion: Commission member Meyer stated his support for the request, given that the sign is intended to be wall-mounted on a building face that is 50 feet back from the sidewalk, and it is competing with signage directly adjacent to the property. This request is reasonable and makes a lot of sense and is a great example of why we have this process for variance requests. Commission member Lawton agreed with the comments offered by Meyer, adding that this would promote good business within the downtown area. Additionally, the proposed location of the sign could help to improve traffic conditions at the location by clarifying parking and pull-in areas. Lawton stated his support for approval of the variance request. Chair La Mastra commented that the perspective of distance from the sidewalk creates a scenario where the sign would appear to be similar size to one at correct height/size. This appears to be a very nominal and inconsequential impact given the large setback from the sidewalk. La Mastra stated her support for approval of the variance request. Vice-Chair Shuff agreed with the points made by previous commission members, agreeing with La Mastra’s comment regarding relative vanishing points. Shuff stated his support for approval of the variance request. Commission Member Shuff made a motion, seconded by Coffman to APPROVE ZBA220027 based on the following findings: the variance is not detrimental to the public good; the proposed sign location is 50 feet from the back of the public sidewalk; the parking lot is in between the public sidewalk and the building. Therefore, the variance requests 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. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 6 September 8, 2022 Yeas: Shuff, Meyer, La Mastra, Coffman, McCoy, Lawton Nays: - Absent: Vogel THE MOTION CARRIED, THE ITEM WAS APPROVED 3. APPEAL ZBA220028 Address: 503 Mathews St. #3 Owner: Annmarie Banchy & John Green Petitioner: Steve Josephs, Contractor Zoning District: N-C-B Code Section: 4.9(D)(5); 4.9(D)(6)(c) Project Description: This is a request for a proposed 2nd floor rear entry to exceed the total square footage allowed in the rear-half by 368 square feet. The maximum allowed is 1,224 feet. Additionally, for the proposed entry to encroach 6 feet 9 inches into the required 15-foot rear-yard setback. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located on a corner of E Mulberry St and Mathews St. The lot was originally platted with the town plat in 1873 and included a second parcel that is between the subject property and the alley. In time, the house that was built on the second parcel received a second parcel. The result was a rear lot-line closer to the existing building. There is reduced setback to the rear line when abutting an alley, of about 5 feet. If not abutting an alley, the rear setback to lot line is 15 feet. This existing property has multiple units within the building itself. This request is to re-work the rear entrance to the upper story unit. The site plan shows the proposed addition to the back, which would allow for covered entry for the stairwell to the upper unit. A re-constructed entry needs to be built to current code, which results in a bigger proposed entry than current. As proposed, the addition would include three stairs up to a landing, then a covered entry way with doors from both sides. From the entry way, one would proceed up a small staircase to the upper unit. Beals presented photographs of the existing entryway for context, noting the presence of the second building visible in the rear yard. The proposed entry would extend further west towards the rear property line. Commission member Meyer noted that according to the submitted drawings, the proposed addition on the ground floor is noted to be 111 square feet, which puts the total square footage on the rear half of the lot over the allowed maximum by 368 square feet. Is it correct to determine the existing house already has 257 square feet over in the rear of the lot? Beals responded that this assessment is correct. Commission member Lawton clarified that the current entry is not built to code, and what is being proposed is larger due in part to current code requirements. Beals confirmed this, noting that a larger entryway also allows an individual adequate space to enter the covered entryway, turn, and then proceed up the stairwell to the second-floor unit. Chair La Mastra asked if the second house on the rear parcel meets the required setback. Beals stated that the second house is definitely non-conforming, which is typical of lot usage in this district. La Mastra asked if there would be ten feet between the structures if the entryway were constructed as proposed. Commission member McCoy asked if the rear lot is legal, even if the structure is non-conforming. Beals responded that the parcel is recognized—it is considered a parcel not a lot, and there are some DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 7 September 8, 2022 semantics involved there. The structure on that parcel is non-conforming in multiple ways, including location of the building as well as size of the parcel. It is considered legal non-conforming. Beals described the difference between a parcel and a lot, noting that a lot is what you see on a plat; a parcel is a number given by the Assessor’s office as a means to inventory and keep track of properties. Not all parcels are always the exact lots. A parcel could contain multiple lots within a subdivision, or a portion of a single lot within a subdivision. Lots and parcels don’t always match up. City Attorney Aaron Guin stated that according to section 5.1.2 of the Land Use Code, “a lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used or occupied or designed.” Vice-Chair Shuff asked if the parcel is owned by the same individual as the lot. Beals answered that he did not believe they were owned by the same entity, but the applicant could provide clarification. Applicant Presentation: Applicant Annmarie Banchy addressed the Commission and agreed to hold the hearing in a hybrid remote format. Banchy explained the house was originally built in 1884, and the lot at that time consisted of a two-story barn (now converted to the residential property in the back, addressed as 215 E Mulberry). The house was built a year later; in total, there were four brick structures on the building consisting of the carriage house, barn, outbuilding, and residential home. Overtime the building has been used as a sorority and multi-family housing. 215 E Mulberry was subdivided in 1945 with a zero lot-line. In 1979, it became a duplex and continues as such. Banchy stated she purchased the property (503 Mathews) a few years ago; the entrance to unit 3 was deemed in need of updating for safety. The intent is to create a new entry that is structurally sound as well as maintaining historical standards. The proposed plan is the slimmest version that attempts to meet land use codes will still providing usable entry to unit 3. This will be the third time the entry has been rebuilt; this effort is intended to provide more interior navigable space within the entryway portion. Commission member Lawton asked if this construction is being reviewed with historical sensitivity? Banchy answered yes, though the structure is not yet designated with landmark status. It is in the Laurel School historic neighborhood and is emblematic of that area and history. Commission Discussion: Vice-Chair Shuff commented that because the two parcels have different ownership and are legally defined as two separate properties, it helps to consider the increased square footage of this property specifically. The request seems reasonable and represents a small-scale massing of the structure. Because the rear structure is already non-conforming within the rear of the lot and rear setback, the proposed addition to the entryway would be nominal and inconsequential given the surrounding context and structures along the alley. Given these factors, Shuff stated his support for granting the variance as requested. Commission member Meyer stated that he would be able to support the request as well, and it seems to be respectfully designed and would entail the minimal amount of work to achieve the task at hand. The addition represents a 7.5% increase over what exists today, which would be nominal and inconsequential. Meyer stated his support for approving the request. Commission member Lawton agreed with the comments offered previously, commenting that the proposal addresses safety issues that may be created by the current entryway’s lack of covered space and narrow interior area. Chair La Mastra added that regarding this type of lot, when you have a rear yard up against a side yard, we are just considering where we properties are addressed as far as impact. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 8 September 8, 2022 Commission Member Shuff made a motion, seconded by Lawton to APPROVE ZBA220028 based on the following findings: the variance is not detrimental to the public good; an existing entry is being replaced similar in size and location; the proposed entry is at the main level; an existing fence limits the visibility of the proposed entry. Therefore, the variance request will not diverge from the standard but in a nominal and 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. Yeas: Shuff, Meyer, La Mastra, Coffman, McCoy, Lawton Nays: - Absent: Vogel THE MOTION CARRIED, THE ITEM WAS APPROVED 4. APPEAL ZBA220029 Address: 501 Edwards St. Owner/Petitioner: Adam Jasper Zoning District: N-C-M Code Section: 4.8(D)(2)(a)(2) Project Description: This is a request to exceed the total square footage allowed by 499.25 square feet. The maximum permitted is 2,556.75 square feet. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property may be familiar to some Commission members, as this property has been before the commission twice previously. Beals noted the property is located on the corner of Edwards St. and Whedbee St., and the request is for a new house to be built on the property. The structure depicted in aerial photos has since been removed, and a new home has been constructed in its place. Previous requests were to build closer to the side setback along the west; as a corner lot there is a 15-foot side- yard setback. Additionally, there was an overhang request for the second story to overhang the first on the front of the structure. Beals described the applicants purchased the property with the intent of scraping existing structures and building a new residence. Floor area standards have not changed since the purchase of the property and through design stage. Thus, most or all of the allowable floor area is loaded into the primary building on the lot. The request today is to increase the allowable floor area for the property, to allow for construction of a garage on the rear of the property. Site plans provided by the applicant describe the location of the previous property, the residence currently under construction, and the location of the proposed Garage. Beals made note that the garage would also need to meet the 15-foot side-yard setback, which is included in the current request as well. Illustrations of the garage describe a typical single-story, two-car garage, with a garage door facing the alley and a person door facing the house. Two windows would face the sidewalk. The site does now include a gravel parking area that could be improved with asphalt or concrete without any variance request. If built as requested, the property would exceed the allowable floor area due to all of that area being included in the residence that is currently under construction. Beals presented pictures of the properties as it appears currently under construction, noting the front overhang that was previously requested and approved, as well as the setback reduction that was approved along the street. Views taken from the alley show the proposed location of the garage behind the primary residence. Beals noted there are some garages along the alley going east along the block; not all buildings are two-story and have the extra square footage to allow for a garage on the property. Some of the existing garages and alley structures are undoubtedly non-conforming. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 9 September 8, 2022 Chair La Mastra asked if there were a clear street view facing east, which would show the neighboring two-story residence. Beals pointed out one picture in which the neighboring building is partially visible, but no clearer image is available. Beals confirmed that the neighboring building is two-story. Commission member Coffman noted that the applicant’s written statement discusses storm water runoff when discussing the added impermeable area of the garage. Coffman asked Beals is that is the intention of the standard for allowable floor area on a given lot? Beals responded the standard was written quite a while ago; the primary intent of the standard is to preserve open space on the property and to preserve the use and character of the neighborhood, which is not to have structures completely fill in the lot. Additionally, there is an intent not to create looming structures onto neighboring properties, which can occur if lots become completely built out. La Mastra noted the 15-foor side setback requirement needed to be met but was not addressed in the application for variance. Does that element need to be added as an additional element of this variance? Beals responded if the variance is approved, that element would need to be added to the approval. La Mastra asked Beals to confirm that the previously approved request for variance allowing the residence to encroach into the required side-yard setback does not apply to any additional or future structures. Beals confirmed this as accurate, stating each structure that were to encroach needs its own variance. Applicant Presentation: Applicant representative Adam Jaspers addressed the Commission and agreed to hold the hearing in a remote hybrid format. Jaspers stated that because this is a corner lot, there is a15-foot setback from the lot line despite the fact that the lot is plated the same as interior lots, with a 40-foot total width. This makes it very difficult to build a functional building in the rear, where building design is essentially limited to a width of 15 feet. To the west, there is also another 25 feet of city easement. From an aesthetic standpoint, the building does not appear to dominate the lot from the west side of Whedbee. The building also needed to be moved an additional 1 foot (resulting in six feet total from the interior lot line), due to a top of wall height issue. Chair La Mastra asked if the lot line was the right of way line, or if there was a tract between the lot line and the right of way line. Jaspers responded the lot line is the right of way there. Beals confirmed there is no tract between lot and right of way lines. Jaspers commented the city is generally trying to prevent drive-over on sidewalks and curbs, and when this lot was re-designed it resulted in the giving up of street access from Whedbee St. All the parking around the residence is permit parking, and the garage would help to get cars off of the street that are constantly at risk of being ticketed or towed within the two-hour parking zone. Commission Discussion: Vice-Chair Shuff began comments, stating that when doing the basic math, the requested increase in floor area represents a 20% increase in total allowable floor area, which is fairly significant. Shuff stated he is not sure he can support this request, given the new house has already maxed out the FAR. There may have been an opportunity to reduce the area of the house to accommodate the garage when the lot was being designed. Shuff stated he does not see the justification for hardship. While the desire for a garage is understandable, the lot is smaller to begin with and is typical of that part of town. Its hard to compare this lot to others with existing garages, as they may be smaller residences, and some are one-story structures. Chair La Mastra spoke to Shuff’s point, commenting that when viewing the aerial view of the lot, the new house is roughly at the mid-lot line. When compared to all three of the homes that are similar in placement, they all appear to have garages. So, this appears to be nominal and inconsequential in context of the neighborhood. The impact will be exactly what is present with the other homes. La Mastra would be interested to know if those are one or two-story homes. La Mastra stated her biggest question or concern would be what is the overall impact to that block? Beals presented the Google DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 10 September 8, 2022 Street view of that block for further review and inspection. The block appears to be a mix of one and two-story residences. Shuff noted the maximum allowable size for a garage is 600 square feet, or approximately 25 x 24 feet. La Mastra commented that nominal and inconsequential is always in context of the neighborhood and must be assessed within that context. Commission member Meyer asked if the point being put forward was that the two-story buildings with garages were also exceeding the allowable floor area for a given lot. La Mastra responded she couldn’t see how they are not. Commission member Coffman commented one way this residence diverges from those around it is that it is setback from the alley and has about 600 feet of concrete driveway in front of it. That will add to the overall visual impact as well as add to the overall impermeable area, which may affect runoff back towards the alley. Meyer posed and area analysis question to Beals: when calculating total square footage for the lot within the N-C-M zone district, is it true that you can subtract 250 square feet of a detached garage if it is setback 10 feet behind the primary structure. Is this correct? Measurements aren’t broken out within the supplied documents, and Meyer wants to be sure this was taken into account. That may mean the existing house is already over the allowable area. Beals asked zoning staff if they had additional information; staff responded that those calculations could be performed now. That overage may have been part of one of the previous variance requests. La Mastra acknowledged the applicant’s desire to comment and allowed them to make additional comment and or response to the Commission discussion. Prior to the applicant’s comments, Beals added that 250 square feet is not “subtracted”, but that figure is instead added to the maximum allowable floor area for the lot. Jaspers stated that the neighboring property does have a garage structure in the rear of the lot, but the view is obscured by tree canopy in the aerial photograph. Additionally, regarding the large driveway proposed in the back, Jasper stated a desire to place the garage as far back as possible in the lot. La Mastra commented that within the landscape plan, the garage appears to be significantly closer to the alley. Jasper indicated this was correct, that they are trying not to eat up the yard between the house and garage. The drive is intended to create turn-in space off of the alleyway. They would like to have the garage placed as close to the lot line as possible to preserve yard space. Coffman asked how far the garage is setback in the landscape layout; Jaspers responded he believed it is at 10 feet. Beals stated that the requirement is for a garage door to maintain an eight-foot setback from the alley. La Mastra commented that a lot of the FAR has more to do with massing and is less-concerned with storm-water impact. That is why elements like basements and open-sided porches don’t count against the maximum. The question of the side-yard setback was brough up by La Mastra, noting they this issue was addressed in previous variance requests. The Commission previously discussed this being an odd situation, because unless one knows where the invisible lot line actually is, actual perception of the property from the street doesn’t change. So, it ends up looking further setback than other homes. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 11 September 8, 2022 Beals noted that the accessory building on the neighboring property does appear to be built right on the lot line and looks as though it was originally built as a single-car garage. It is not longer being used as such, and there appears to be a parking pad on the rear of the lot that is now used for vehicular parking on the lot. Zoning staff Missy Nelson addressed the Commission with revised calculations that now allow for the 250 square feet bonus. With the bonus area included, the total allowable area for the lot is 2,556.75 square feet. On the Building Permit, the existing home is shown to be 2,884 square feet. So, the property is already the allowable maximum even when the bonus area is included in total calculations. La Mastra asked for the total amount over; Nelson responded the total overage amounts to 328 sq ft. La Mastra asked Beals if the previous variance requests included both exceeding FAR and reducing setback? Beals and Nelson double-checked the previous variance. Nelson stated the previous request included two variances: the first was to increase the maximum buildable floor area by 80 square feet (which was without the bonus 250 sq ft, as there was not an accessory structure previously planned). The second variance was for the higher eave-height on the interior side. Coffman asked for clarification, stating that with the accessory building FAR increases by 250 square feet. So, shouldn’t the previous variance have been asking for an increase for over 300 square feet, because there was not an accessory building included? Beals responded that his guess as to what is happening with the Building Permit is that the floor area of the porch is being included, but for Land Use Code purposes the area of the porch is not included. There may be some discrepancies happening between the two. La Mastra stated in the context of this neighborhood, she is having a hard time determining that this is not nominal and inconsequential in the context of the other homes on this block. Commission member McCoy agreed with the comment of La Mastra, adding that from the perspective of looking at the lot before this structure is built, and what the applicants are trying to do with the property, it would be hard to imagine this lot not having an accessory structure or garage when all others on the block seem to have some sort of structure in the rear yard. Putting a pad of concrete there and allowing cars to park instead of in a garage, would represent a huge improvement to the property and the block as a whole. It is strange that on a corner lot the building envelopes get shrunk down so much as to make it virtually impossible to construct a functional building. This is a great property and it ought to have a garage. Coffman agreed that given the context of the neighborhood, with each successive house having an accessory structure on the alley, it is hard not to view adding a garage to this property as nominal and inconsequential. Commission member Lawton commented that one of the mitigating factors here that as we look at this in the context of the neighborhood, this lot does not have any trees or foliage to otherwise screen this property. La Mastra stated that is a funny thing about this lot, because the lot line is all public right of way which prevents the planting of any trees or vegetation along the street side. Missy Nelson stated that a parkway amendment could be enacted to add plants there. La Mastra stated that she would support the garage in the context of the neighborhood but questioned the side yard setback. Is it possible that the size of the garage could be reduced? Meyer commented that he had no problem with the side yard setback as proposed and stated that element would need to be included in the motion if the variance were to be approved. In terms of the hardship justification, it is understood. In terms neighborhood context and the request to far-exceed the allowable area, Meyer commented he would need to see more data regarding two-story structrues with garages along that block. It is difficult to make accurate assessment based on aerial views and street-level views. Meyer agreed that the property should have a garage; however, if a client DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 12 September 8, 2022 purchased the property and came with their programming needs, Meyer would look at the property and tell them what their options were in order to make the property the most functional. This may have necessitated reducing the overall size and massing of the residence in order to allow for a garage to be built on the rear of the property. Meyer can’t get around the fact that the applicant cornered themselves with a self-made hardship, because they chose to propose this design and move forward, without first considering other options that would accommodate a garage in a wholistic approach. Shuff agreed with the comments offered by Meyer, adding that this speaks to the recent updates and changes being proposed to the Land Use Code in residential zone districts. This project has some massing challenges and does need a garage. These districts are challenging as they are strict with limitation on total area and massing in an effort to preserve the character of the zone districts. Because of these factors, Shuff is not able to support the variance at this time. McCoy asked if we don’t see this all over town already? Shuff responded the new changes don’t appear to be helping, as the new codes will be more restrictive and will restrict total area to 2,000 square feet. McCoy stated these limitations can make housing even more challenging. This will force the resident to park cars in the back without the amenity of a garage. Missy Nelson returned to discussion with more information regarding the total size of neighboring homes as well as the size of detached garages. Nelson described that three homes along the rest of the block are under their allowable floor area, including space devoted to accessory buildings/garages. All lots are about 5,600 square feet according to the Assessor’s database. 501 Edwards lot is 5,207 square feet. So proportionally, the proposed overage is even larger. City Attorney Aaron Guin noted there had been some reference to potential updates of the Land Use Code and directed Commission members to address their discussion to the standards included in the current version of the Land Use Code. Coffman stated while it may seem that the proposed garage would be in context of the neighborhood, the fact that none of the neighboring lots with garages are over their allowable square footage would lead to the belief that the proposed garage needs to be reduced in size. Given they have already been granted a variance to exceed the FAR, and the entire floor area of the garage would be over FAR and be the only property on the block to do so, Coffman is not in support of the variance request at this time. Lawton acknowledged the good comment and discussion put forth by the Commission, noting that it would have been great to include the garage in preliminary plans rather than how through a variance request. Lawton noted his concern with massing on that corner, as the combination of two-story residence and garage would create a diminished perspective as one enters the block/neighborhood. Lawton continued, stating that he really hates being in the position of having to make multiple variances to one property as construction continues, rather than having some foresight put into the front of the project. McCoy again stated his opinion that this property really needs a garage, noting the fact that the lot is smaller than the rest, but the property itself from back of walk to property line is much bigger than anything else on the block. The increase in massing is offset by the comparatively larger setback. McCoy would be in support of granting the variance request as proposed. Meyer reiterated his opinion that this is a case where the applicant is trying to ask for forgiveness after the fact. Given the fact that this became a demolition and subsequent complete rebuild, Meyer is of the opinion that the garage and property as a whole ought to have been considered at the start of the design process. Meyer feels the property ought to have a garage, but building the house first and then asking for forgiveness later is not the way to do it. DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 Land Use Review Commission Page 13 September 8, 2022 La Mastra commented that she is having a hard time with this request, given the context that this lot does appear larger than the other lots. However, the side elevation of this home is pretty looming, so thinking of the property wholistically at the beginning would have been preferred. The lack of trees also creates a scenario where the impact of the massing is magnified on that corner. Given the information provided by Nelson and Beals regarding adjacent lots, La Mastra would have a hard time approving as nominal and inconsequential in context of the neighborhood when other homes are meeting the code as it stands. La Mastra agrees with other Commission members who are not ready to approve this request as submitted. Commission Member Lawton made a motion, seconded by Meyer to DENY ZBA220029 based on the following findings: the request is a 19% increase in the allowable floor area; insufficient evidence has been prov in es how the proposal would be nominal and inconsequential in the context of the neighborhood; insufficient evidence has been provided in showing how the proposal supports the standards in a way equally well or better than a proposal that complies with the standards; insufficient evidence has been provided in establishing a unique hardship not caused by the applicant. Yeas: Shuff, Meyer, La Mastra, Coffman, Lawton Nays: McCoy Absent: Vogel THE MOTION CARRIED, THE ITEM WAS DENIED • OTHER BUSINESS • ADJOURNMENT – meeting adjourned at 10:40am Shelley La Mastra, Chair Noah Beals, Senior City Planner-Zoning DocuSign Envelope ID: 8823A069-5EF4-40FC-9BE0-78391561CB66 11/30/2022