HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 12/08/2005FORT COLLINS ZONING BOARD OF APPEALS
Regular Meeting — December 8, 2005
8:30 a.m.
Council Liaison: Kelly Ohlson IlStaff Liaison: Peter Barnes (221-6760)
Chairperson: Dwight Hall Phone: (H) 224-4029
A regular meeting of the Zoning Board of Appeals was held on Thursday, December 8, 2005 in the
Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins,
Colorado.
BOARD MEMBERS PRESENT:
Ron Daggett
Alison Dickson
Robert Donahue
Dana McBride
Dwight Hall
Andy Miscio
BOARD MEMBERS ABSENT:
Jim Pisula
STAFF MEMBERS PRESENT:
Peter Barnes, Zoning Administrator
Paul Eckman, Deputy City Attorney
Angelina Sanchez -Sprague, Staff Support for the Board
1. ROLL CALL
The meeting was called to order and roll call was taken.
2. APPROVAL OF MINUTES:
Dickson made a motion to approve the minutes from the November 10, 2005. Hall seconded the
motion. The motion passed.
3. APPEAL NO 2535 - Approved with Condition
Address: 404/406 Wood Street
Petitioner: Danielle Bilyeu
Zone: NCM
Section: 4.7(D)(1), 4.7 (E)(1)
Background:
The variance would reduce the required lot area from 5000 square feet to 4900 square feet and the
required lot width from 40 feet to 35 feet for lots 23 and 24, Block 294. The variance is requested
in order to allow the existing one parcel of land (on which the building at 406 Wood Street is
located) to be split into two separate parcels. Each resulting parcel would be 35' wide and contain
4900 square feet, and would thereby revert back to the size of the lots as originally platted. The
ZBA December 8, 2005 — Page 2
existing house, which is on Lot 24, would not be in violation of the required setback regulations by
reestablishing the original platted lot line as a property line.
Petitioner's Statement of Hardship:
See petitioner's statement of hardship on her application.
Staff Comments:
The Board may want to consider applying the "nominal and inconsequential" standard to this
request. Since the neighborhood already consists of 35' wide lots that are 4900 square feet in
size, the deviation from the standard could be considered nominal in the context of the
neighborhood.
Staff Presentation:
Barnes read a letter from Diane Reiser (408 Wood Street) in which Ms. Reiser stated her concerns
about the request. Barnes presented slides relevant to the appeal.
Dickson wondered if a variance was allowed what impact would it have on development of the
newly created 35 foot wide lot. Barnes noted that a multifamily dwelling (other than a duplex)
would not be allowed in this zone and so long as lot setbacks and floor to lot area ratios were met
no further review would be required. If the Board had concerns, however, they had to ability to
establish conditions. Barnes noted he had spoken to Karen McWilliams, Historic Preservation
Planner, relative to a case very similar to Appeal number 2535 (Appeal number 2536 on today's
agenda.) The Board asked Barnes to share Karen's feedback on that case. Per Barnes,
McWilliams recommended any new construction be similar in size and character to the
neighborhood. She also recommended new construction using similar design (not taller or larger
than other homes in the neighborhoods) and materials.
Applicant Participation:
Bilyeu has an 850 square foot home on the site. In researching historic plats (1895,) she found
that of the 20 of 28 original (35 foot wide) lots only 6 remained. She believes the 35 foot wide lot
can work. She also had spoken to a number of her neighbors who echoed Diane Reiser's
concerns. Most agreed that if any new construction was not large and fit into the character of the
neighborhood it would be fine. Bilyeu would be willing to accept conditions to achieve that goal.
Walter Johns of 401 Loomis was in support of Bilyeu's request for a variance. He believed a home
on the newly created lot that was not taller than the home at 408 Wood would improve Ms. Reiser's
home.
Board Discussion:
McBride wondered if there were any "envelope" restrictions. Barnes noted to meet zoning
requirements any new structure need to have 5-foot side setbacks, a 15 foot setback in front and a
5 foot setback from the alley. Beyond that, the Board could consider square foot and height
limitations. Miscio would like to limit any adjoining house to the height and square footage of
homes in the area. Some Board members (primarily Donahue, McBride & Dickson) did not want to
be prohibitive and limit design of a home that was other wise in scale with the neighborhood.
Eckman advised the Board that if a particular design criteria was being considered, the more they
should embellish their feedback to assist the Current Planning Director or historic preservation staff
reviewing the design.
Hall asked Bilyeu's for her justification for the variance request. Bilyeu recognizes that infill is
desirable over sprawl. This is an opportunity to allow infill that is similar to other neighborhood
homes and meets the board's equal to or better than and nominal and inconsequential standards.
ZBA December 8, 2005 — Page 3
Miscio made a motion to approve appeal 2535 for the following reasons: not detrimental to the
public good, and will not diverge from the standards of the Land Use Code except in a nominal,
inconsequential way when considered in the context of the neighborhood, and will continue to
advance the purposes of the Land Use Code as contained in Sections 1.2.2. The motion to
approve was conditioned on any new structure would be a single family dwelling with main floor
square footage not to exceed 1300 square foot. In addition to a basement, a garage (not to
exceed 600 square feet) is allowed. Eaves can not exceed a 13 foot height and the materials and
design should remain in character with the neighborhood. Hall seconded.
Vote:
Yeas: Daggett, Dickson, Donahue, McBride, Hall, Miscio
Nays: None
4. APPEAL NO 2536 - Approved with Conditions
Address:
221/223 N. Whitcomb Street
Petitioner:
Heather Hiebsch
Zone:
NCM
Section:
4.7(E)(1 &4)
Background:
The variance would reduce the required lot width from 40 feet to 35 feet for Lots 4 and 5, Block
272. The variance is requested in order to allow the existing single parcel of land (on which the
building at 223 N Whitcomb St. is located) to be split into two separate parcels. Each resulting
parcel would be 35' wide and would thereby revert back to the size of the lots as originally platted.
In addition a 4' side yard setback is required along the south property line of lot 5 to accommodate
an existing stairwell to the basement.
Petitioner's Statement of Hardship:
Originally platted as 35' lot widths the two proposed parcels would revert back to their original
platted size. This would be in keeping with other properties in the neighborhood. An addition was
constructed onto the south side of the home some years ago. The addition crosses over the
original platted lot line separating lots 4 and 5. It will be removed, however the original stairwell
into the basement will continue to protrude into the setback, thus the request includes reducing that
setback along the south property line from 5 feet to 4 feet to accommodate the original stairwell.
Staff Comments:
This is similar to Appeal #2535, also on this particular agenda, in that the 35' lot width already
exists in the neighborhood, so the resulting 35' widths proposed would be in keeping with the
context of the neighborhood.
Staff Presentation:
A letter from John Leach (a neighbor at 210 N. Loomis) was read into the record. Mr. Leach, who
is seeking historic designation for his home, was concerned that any new structure (not in
character with the turn -of -the century architecture of the neighborhood) would be detrimental to his
designation and the historic character of the neighborhood. Barnes visited with Karen McWilliams,
Historic Preservation Planner, on the historic preservation issues for this neighborhood.
Unfortunately Ms. McWilliams was out of town and unable to join the Board today. Mr. Leach's
case (already in the designation process would not be hurt) Other's might if new construction was
ZBA December 8, 2005 — Page 4
not compatible in size and character with the neighborhood. Also, the structure should not be taller
or larger than nearby buildings. It should be similar in design and materials.
Barnes presented slides relevant to the appeal. This area had been platted over a 100 years ago
and is similar in many ways to the appeal previously heard (Appeal # 2535.) The lots in this area
are 35 feet wide by 180 feet deep. An addition was constructed onto the south side of the home
some years ago. The addition crosses over the original platted lot line separating lots 4 and 5. It
will be removed, however the original stairwell into the basement will continue to protrude into the
setback, thus the request includes reducing that setback along the south property line from 5 feet
to 4 feet to accommodate the original stairwell.
Applicant Participation:
Heather Heibsch, who lives at 629 W. Oak, likes that all the houses in the downtown area are
different. She supports infill and would not like to see all houses look the same. She intends to
remove the addition except for the 1 foot needed for the stairwell, renovate the home (moving
closer to the original historic structure.) The newly created lot would be sold. She'd like the new
owners to have some latitude when designing that home —to be in character with the neighborhood
without being a cookie cutter home. Her partner in the effort, Mike Crockett (who lives at 427 N.
Loomis --just south of the home) is also very interested in keeping the old town character.
Hall wondered if the full length of the 18 foot addition needed the 4 foot side yard setback or if the
variance could be granted for a smaller portion —say 9 feet. Heibsch needed to recheck the design
requirements but believed that only a portion would be needed.
Board Discussion:
Miscio was not opposed to approving the variance if conditions were added to protect the character
of the neighborhood. The Board believed the conditions set with Appeal number 2535 would also
serve in this instance. Heibsch registered concern relative to inhibiting the construction of a two
story home. She believed, with the existence of other two story homes in the neighborhood that
one not out of character with the neighborhood could be constructed on the new lot. Barnes
offered that an approval with conditions gives comfort to the neighbors. Heibsch could inform the
new buyer of the constraints. If it was too restrictive, they could return to the Zoning Board of
Appeals with site specific plans with a request for a variance.
If the Board wanted to follow the precedence set in Appeal # 2535, they could use a 2.57 ratio. On
a 6300 square foot lot that would allow for a 1851 square foot home and a 600 square foot garage.
Barnes offered information that in this zone any new parking has to come from the alley —there
could not be any new driveways or curb cuts off the street.
McBride made a motion to approve appeal 2536 for the following reasons: not detrimental to the
public good, and will not diverge from the standards of the Land Use Code except in a nominal,
inconsequential way when considered in the context of the neighborhood, and will continue to
advance the purposes of the Land Use Code as contained in Sections 1.2.2. The motion to
approve was conditioned on the structure on Lot 5 being restricted to its current square footage
(approximately 2095 square feet —before the addition is removed) and any proposed garage not to
exceed 600 square feet. In addition, a 4 foot setback is allowed up to 18 feet (the size of the
current addition.) On Lot 4 any new structure would be limited to a single family dwelling with
square footage not to exceed 1851 square foot and with a garage not to exceed 600 square feet.
Eaves should not exceed a 13 foot height on all sides and the materials and design should remain
in character with the neighborhood. Miscio seconded.
ZBA December 8, 2005 — Page 5
Vote:
Yeas: Daggett, Dickson, Donahue, McBride, Hall, Miscio
Nays: None
5. Other Business
• Barnes provided a calendar of 2006 meeting dates.
• Election of officers will take place at the February, 2006 meeting.
The meeting adjourned at 11:15 a.m.
,-�wight Hall, Chairperson
Peter Barnes, Zoning Administrator