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HomeMy WebLinkAboutLand Use Review Commission - Minutes - 08/10/2023 Ian Shuff, Chair Dave Lawton, Vice Chair David Carron Nathaniel Coffman John McCoy Philip San Filippo 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 AUGUST 10, 2023 8:30 AM • CALL TO ORDER and ROLL CALL Commission members Carron, San Filippo, Shuff, and Vogel were present; members Coffman, Lawton, and McCoy were absent. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member Carron made a motion, seconded by San Filippo to approve the July 13, 2023, Regular Hearing Minutes. The motion was adopted unanimously by all members present. • CITIZEN PARTICIPATION (Items Not on the Agenda) -None- • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA230014 Address: 6520 Kyle Ave. Owner/Petitioner: Mauricio Aguilar Martinez Zoning District: R-L Code Section: 3.8.11(C)(1) Project Description: This is a request to have a wall in front of the front building line that is seven feet tall. The maximum height for a wall in front of the front building line is four feet. Additionally, the wall will have four posts at the drive entrances; two that are nine feet tall and two that are twelve feet tall. LAND USE REVIEW COMMISSION MEETING MINUTES Land Use Review Commission Page 2 APPROVED MINUTES – August 10, 2023 -Prior to presenting Staff Report, Beals informed the Commission that the applicant for this item had not appeared and was not present. Beals suggested that the Commission make a motion to hear the item at a later point in the agenda in the case that the applicant joins the hearing. Commission member San Filippo made a motion, seconded by Carron, to MOVE ZBA230014 to a later point on the agenda to allow the Commission to proceed with additional items. Yeas: San Filippo, Shuff, Vogel, Carron Nays: Absent: Coffman, McCoy, Lawton THE MOTION CARRIED; THE ITEM WAS MOVED TO A LATER POINT IN THE AGENDA -Prior to discussing the second agenda item, Beals noted that the commission currently has a quorum of four and indicated that one Commission member has indicated a conflict of interest in their ability to hear agenda item 3 (ZBA230016). Therefore, that it em will not be able to be heard today due to lack of quorum. Beals asked that the conflict be stated for the record. -Chair Shuff stated that he had a conflict of interest with regards to ZBA230016, due to the fact that his wife is the architect for the project and the petitioner for the item. Shuff indicated that a Conflict -of- Interest form had been submitted. -Beals confirmed that appeal ZBA230016 would be tabled today due to lack of quorum and would either be scheduled for a Special Meeting if the two-week notice requirement can be met, or would be included in an upcoming Regular Meeting. 2. APPEAL ZBA230015 Address: 300 Clover Ln. Owner/Petitioner: Jeremy Wirth Zoning District: R-L Code Section: 4.4(D)(2)(d) Project Description: This is a request for a garage addition to encroach 12 feet into the required 15-foot corner side setback. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is on the corner of Clover Ln. Most lots in the subdivision are rectangular. The angle street that fronts the lot, however, cuts across the rectangle at an odd angle and creates an angled lot, resulting in different widths between the front and rear faces of the lot. The request is to build an addition to the side of the house consisting of both a garage addition and habitable space above the garage. While presenting the site plans that were submitted along with the original building permit, Beals noted that the existing garage meets the required 15-foot setback. There is an additional 12 feet from the property line to the back of sidewalk. Nowadays, most subdivisions will have the property line against the back of sidewalk. In this instance, that area is actually a public right of way. Beals went on to present elevations drawings of the existing façade as well as the proposed addition, noting the proposed two-story element on top of the garage. Applicant Presentation: Applicant Jeremy Wirth, 300 Clover Ln, addressed the Commission and offered brief comments. Worth noted that the addition will come within 3-4 feet of an existing tree, and still maintain about 15- 16 feet of space to the back of the sidewalk. This should minimize the visual impact on surrounding neighbors. Wirth stated that he can’t afford to move, so needs to make the existing home as spacious as possible. Wirth is a contractor and will be performing all of the work himself. Public Comment: -None- Land Use Review Commission Page 3 APPROVED MINUTES – August 10, 2023 Commission Discussion: Commission member Carron stated the proposal seems very reasonable, due to the odd-shaped lot. Additionally, the existing trees that will remain will help to mitigate the visual impact from neighboring properties. -Wirth commented that he designed the offset of the garage to maintain trees. Commission member San Filippo commented that this is a unique situation where a corner lot has sufficient enough space between the lot and the sidewalk so as to appear as if the setback is not being encroached upon. San Filippo stated that he is familiar with the neighborhood and believes this is a very, very good plan and does not believe this will have any detrimental impact. The odd shape of the lot creates a hardship. San Filippo stated he would support approval of the request. Commission member Vogel agreed with the previous comments, noting that the addition would not pose any issues as it is blocked by a tree and maintains adequate space between the back of sidewalk. Chair Shuff stated that he totally agreed; the proposal maintains lots of right of way and appears to be a good plan. Commission member Carron made a motion, seconded by San Filippo, to APPROVE ZBA230015 for the following reasons: the application is not detrimental to the public good; by reason of exceptional physical conditions or exceptional situations due to the unique property shape that the strict application of the standard would cause unusual or undue harm which is not self-imposed by the applicant. Yeas: San Fillipo, Shuff, Vogel, Carron Nays: Absent: Coffman, McCoy, Lawton THE MOTION CARRIED, THE ITEM WAS APPROVED 3. APPEAL ZBA230016 - TABLED DUE TO LOSS OF QUORUM Address: 1209 W Mountain Ave Owner: Rachel Olsen Petitioner: Heidi Shuff, Architect, Studio S Architecture Zoning District: N-C-L Code Section: 4.7(D)(2)(a)(2) & 4.7(E)(4) Project Description: There are two requests for this property: 1. Request to exceed the maximum floor area allowed on the lot by 101 square feet. The maximum allowed for the lot is 3,150 square feet. 2. Request to exceed the maximum wall height on the west side of the building by 3 feet. The maximum wall height allowed based on the building setback from the west side property line is 22 feet. • OTHER BUSINESS Beals noted that the applicant for appeal ZBA230014 had not yet joined the meeting; Shuff asked if the item could be tabled to the next meeting. Beals indicated the Commission has two options; to hear the item without the applicant present now, or to table the item to a later date with the applicant present. Shuff asked the Commission to voice their preference regarding the application. Commission member San Filippo stated he would prefer to table the item; he recently visited the site, and has some questions that he would like answered with the applicant present. That would be prudent and fair to the applicant to have them present. Shuff agreed with the comments put forth by San Filippo; Beals advised that the Commission could make a motion to table the item to the next meeting. Commission member San Filippo made a motion, seconded by Vogel, to TABLE ZBA230014 Land Use Review Commission Page 4 APPROVED MINUTES – August 10, 2023 Yeas: San Filippo, Shuff, Vogel, Carron Nays: Absent: Coffman, McCoy, Lawton THE MOTION CARRIED; THE ITEM WAS TABLED • ADJOURNMENT The meeting was adjourned and 8:48am. Meeting Minutes were approved at the September 14, 2023 LURC Regular Meeting All members voted to approve with the exception of Coffman and McCoy who abstained, and Lawton who was absent.