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HomeMy WebLinkAboutLand Use Review Commission - MINUTES - 03/14/2024 Ian Shuff, Chair Dave Lawton, Vice Chair David Carron Nathaniel Coffman John McCoy Philip San Filippo Katie Vogel Council Liaison: Julie Pignataro 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 MARCH 14, 2024 8:30 AM • CALL TO ORDER and ROLL CALL All Commission members were present with the exception of Chair Shuff, member Carron, and member San Filippo. Vice-Chair Lawton presided over the hearing. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Commission member Coffman made a motion, seconded by McCoy to approve the February 8, 2024, Regular Hearing Minutes. The motion was approved by all members present. • CITIZEN PARTICIPATION (Items Not on the Agenda) -NONE- • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA240005 Address: 939 W Oak St Owner/Petitioner: Al Kulenski Zoning District: N-C-L Code Section: 4.7(E)(4), 4.7(D)(2)(a)(2), 4.7(D)(3), 4.7(D)(5) Project Description: This is a request for four variances: 1. Request to encroach 13 feet into the required 15-foot side setback. 2. Request to have a total floor area on the lot of 2,352 square feet. The maximum floor area allowed on this lot is 2,345 square feet. 3. Request to have a total floor area on the rear half of the lot of 720 square feet. The maximum floor area allowed on the rear half of this lot is 685 square feet. LAND USE REVIEW COMMISSION MINUTES Land Use Review Commission Page 2 APPROVED Minutes – March 14, 2024 4. Request to have an accessory building with habitable space with a total floor area of 720 square feet. The maximum floor area for an accessory building in the NCL zone is 600 square feet. Staff Presentation: Beals presented slides relevant to the appeal and discussed the variance request, noting that the property is located at the corner of Mack Street and W Oak Street. There is an existing primary residence on the front of the lot, and an existing accessory structure on the rear of the lot – this is the structure that is proposed to be modified per the variance proposal. The existing accessory structure is already 720 square feet; the proposed design is planned such that the additional area will not be counted towards the lot maximum. The existing accessory structure does encroach into the required 15-foot street side setback. The encroachment is measured to be 13 feet into the 15-foot side setback. To note, the primary residence also does not meet the required 15-foot side setback. The upper story will include a new staircase added to the north side of the accessory building, used to reach the second-story entrance, as well as a cantilever deck on the north side of the structure facing the alley. There is an additional setback along the west side (required at 5 feet), currently measured to 7.7 feet. The upper story ceiling height is proposed at 7 feet 5 inches, so the area below will not count towards maximum floor area. There will be water/bathroom installed with the project, as well as kitchen appliances, though they are not considered a full kitchen unit, and will not be counted as a separate dwelling unit, but instead an accessory building with habitable space. Thus, it will not increase the occupancy on the unit under current U+2 requirements. Windows on the east elevation face the neighbors’ property; north elevations describe the entrance staircase to the upper level. South elevation includes dormer windows; because they don’t face a side property line, they do not need to meet standards for dormer windows. Design elements of the proposed structure are intended to mirror those of the primary structure. Existing fence may encroach into the public right of way; there is no public sidewalk along Mack Street. Pictures of the alley show an existing shed adjacent to the existing garage; the shed appears to be non-compliant; this structure may need to be removed in order to achieve the proposed renovation of the garage. Because of an existing garage across the alley Vice-Chair Lawton asked if the existing garage already has approved variances? Beals responded that staff couldn’t find anything in city records, but it could have happened long ago in the past due to the age of the primary residence. Lawton asked for confirmation that the proposed structure would maintain the same footprint as the existing garage. Beals confirmed that the current footprint would be maintained. Applicant Presentation: Applicant Al Kulenski, owner of 939 W Oak Street, and son Michael Kulenski, addressed the Commission and offered comment. Kulenski explained that his wife suffers from Alzheimer's; his three adult sons live in town. Al and his wife are planning to live in the proposed space above the garage, while son Michael and his family will move to the primary residence in order to provide caregiving for Mrs. Kulenski. The property is currently held in a trust and will be passed on to the family once Mr. and Mrs. Kulenski have passed on. The long-term care of Mr. Kulenksi’s wife is paramount. The plans are to mimic the look of primary residence, which Kulenski has renovated and taken care of over the past 16 years. Mr. Kulenski noted that he is a long-term businessperson and has been in Fort Collins over 45 years. He works as a licensed general contractor, and his son Michael is a licensed master electrician. Land Use Review Commission Page 3 APPROVED Minutes – March 14, 2024 The current garage may have been built in the late 1970’s and was built using modern construction methods. Because of the age of the structure, there is no record of the garage being constructed. According to Kulenski, the garage was in place when he purchased the property. Vice-Chair Lawton asked Kulenski if there were any other living areas in the main house that housed additional occupants? Kulenski answered no. Lawton questioned the use of the living quarters in the basement, as alluded to in the received letter of opposition. Mr. Kulenski again confirmed that he had no tenants; he finished out space in the course of renovating the entire house. Public Comment: Beals read two separate emails received: one in support and one in opposition. These communications are included in the Supplemental Documents log. Lawton asked Mr. Kulenski to respond to the letter of opposition. Kulenski is familiar with the author of the letter and described his relationship with her. Kulenski also offered to remove the existing shed if that would help to ease feelings of opposition. The existing garage is sometimes used to perform basic business operations for Kulenski’s contractor/rental businesses. The primary residence has always had a side-entrance door, since 1921. There are no plans to use the house as a short-term rental. This is a long-term plan for family comfort and well-being. Lawton – concern seems to be based on potential future sales and change of use, instead of directly tied to the uses intended by the Kulenski family. Beals confirmed that short term rentals are not allowed in this zoning district. Beals also described the basic standards of U+2 occupancy requirements. Commission Discussion: Commission member Coffman commented that the objection isn’t so much to the variance, but instead more towards the Code in general. Finished basements, accessory buildings with habitable space, etc. are all allowed per Code. The footprint will not be increased from current; square footage is allowed under Land Use Code if ceiling is less than 7.5 feet. These types of structures are not unusual for the neighborhood. Additionally, the setbacks on either side of the subject property are maintained and appropriate, and the facing neighbor is in support. Variances are nominal and inconsequential; side setbacks could be considered a hardship. Would support the variances. Commission member Vogel noted that the neighbor who submitted concerns does have a two-story garage on their property, similar to what is being proposed. Vogel would be in support of the variance. Commission member McCoy stated that he is in support of the requested variances and proposal. To have this many variance requests is unusual because the property footprint is not changing. McCoy owns a property directly behind the subject property, which is a legal duplex. Mr. Kulenski has been a good neighbor. McCoy supports all variances requested. Vice-Chair Lawton observed that most of the requested variances have to do with pre-existing structure and conditions, rather than the second story that is being proposed. In agreement with previous statements by commission members. The proposed structure fits the character of the neighborhood. Commission member Coffman made a motion, seconded by McCoy, to APPROVE ZBA240005 regarding the requested variance to Land Use Code Section 4.7(E)(4) to allow an encroachment of 13 feet into the minimum side yard setback requirement of 15 feet; and the requested variance to Land Use Code Section 4.7(D)(2)(a)(2) to allow the allowable floor area on the lot to exceed the maximum of 2,345 square feet by an additional 7 square feet; and the requested variance to Land Use Code Section 4.7(D)(3) to allow the allowable floor area on the rear half of the lot to exceed the maximum of 685 square feet by an additional 35 square feet; and the requested variance to Land Use Code Section 4.7(D)(5) to allow the allowable floor area for an accessory building with habitable space in the NCL zone district to exceed the maximum of 600 square feet by an additional 120 square feet, in order to construct habitable space above the existing detached accessory garage, as shown in the materials for this hearing. Land Use Review Commission Page 4 APPROVED Minutes – March 14, 2024 The Commission finds that the modifications would not be detrimental to the public good; and the variance requests will not diverge from Division 4.7 except in nominal and inconsequential ways and will continue to advance the purposes of the Land Use Code contained in Section 1.2.2 in consideration of the following facts: The existing structure already enjoys a 13-foot encroachment and building size of 720 square feet; the property line is setback 11 feet from the curb; there is no public sidewalk along the west property line; and the upper level doors face the primary house and the alley. This decision is based upon the agenda materials, the information and materials presented during this hearing, and the Commission discussion on this item. Further, this Commission hereby adopts the information, analysis, findings of fact, and conclusions regarding this variance contained in the staff report included in the agenda materials for this hearing. Yeas: Coffman, Vogel, Lawton, McCoy Nays: Absent: Carron, San Filippo, Shuff THE MOTION CARRIED, THE ITEM WAS APPROVED • OTHER BUSINESS • ADJOURNMENT The meeting was adjourned at 9:12am. Meeting minutes were approved at the April 11, 2024, LURC Regular Meeting. All members present voted to approve the Minutes.