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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 02/08/2007FORT COLLINS ZONING BOARD OF APPEALS Regular Meeting — February 8, 2007 8:45 a.m. 11 Council Liaison: Kelly Ohlson 11 Staff Liaison: Peter Barnes (416-2355) II Chairperson: Dwight Hall A regular meeting of the Zoning Board of Appeals was held on Thursday, February 8, 2007 at 8:45 a.m. 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 Dwight Hall Dana McBride Jim Pisula BOARD MEMBERS ABSENT: Andy Miscio STAFF MEMBERS PRESENT: Peter Barnes, Zoning Administrator Paul Eckman, Deputy City Attorney Angelina Sanchez -Sprague, Staff Support to the Board 1. ROLL CALL The meeting was called to order and roll call was taken. 2. APPROVAL OF MINUTES: Donahue made a motion to approve the minutes from the December 14, 2006 meeting. Daggett seconded the motion. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Pisula Nays: 3. APPEAL NO. 2567 — Approved Address: Blocks 12, 13, 14, 15 and 17, Trailhead Development Petitioner: Cathy Mathis for VF Ripley Zone: LMN Section: 3.5.2(D)(3) Background: The variance would reduce the required side yard setback from 5' to 0' along the interior side lot lines of the interior lots in Blocks 12-15 and 17 of the Trail Head development. This setback reduction would apply only to the proposed alley -accessed detached garages in the rear portion of these lots. Each lot will have a detached garage with a zero setback along one side lot line and an ZBA February 8, 2007—Page 2 18' setback from the other side lot line. The houses will continue to comply with the required 5' side yard setback from each side lot line. Petitioner's Statement of Hardship: See petitioner's letter. Staff Comments: This development is in a zone that permits zero lot line setbacks for such uses as single-family detached dwellings and single-family attached dwellings. A variance is requested at this time since the specific lot layout was not presented with the original development plan application. If it had been, it would have been reviewed at that time. Since the plan has now been recorded, and the applicant proposes something different from what was approved, a variance is required. This variance request involves numerous lots and establishes a certain residential character for the 4 blocks involved. Therefore, staff believes it satisfies the purpose of the LMN district standards, which in part is to provide a "variety of housing choices". Staff Presentation: Barnes informed the Board that on February 7, the applicant asked that Block 17 be included in the variance request. He told the applicants if they obtained written documents from affected property owners that waived the seven day notification requirement, the Board could consider the additional block (Block 17) at their February 8`h meeting. It was confirmed that all affected property owners agreed to the waiver. Hall made a motion to accept inclusion of Block 17 in the variance request. Donahue seconded the motion. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Pisula Nays: Barnes presented slides relevant to this appeal. This setback reduction would apply to all blocks with alley -accessed detached garages in the rear portion of their lots. The proposal is to have a detached garage with a zero setback along one side lot line and an 18' setback from the other side lot line. This development is in a zone that permits zero lot line setbacks for such uses as single- family detached dwellings and single-family attached dwellings. Elevation drawings of what the garages will look like are on page 3 of the architectural renderings. Applicant Participation: Developer Ken Crum, 721 Waterglen Drive explained the reason Block 17 was not included in the original variance request was due to an oversight of the planning company. It was always his intention to ask for the variance for all alley loaded homes —a total of 49. Further, planning a development is an evolutionary process. It's important to note that after all the lots had been fully developed as relates to infrastructure for water, electric, cable and phone; he saw an opportunity to create larger yards (openings that promoted more open space, light and ventilation) by grouping each property's 2 bay garage with the adjacent property. So rather than have each garage with a 5 foot side yard setback there would be larger openings. He believed it would be an improvement considering the lots are long (100 feet) and narrow. Pisula asked if there would be a wall that separated the garages. Yes, essentially there would be two fire rated walls. Hall wondered how two property owners managed the one structure. Crum responded that today there are many developments with common garages. Once you move away from garages in the front, you're open to many possibilities. Further, the homeowners' association ZBA February 8, 2007—Page 3 covenants controlled issues related to the common walls, maintenance, and what would be allowed in the area of the garages and their 8 foot driveway. Board Discussion: Hall asked what the intent of the Code relative to 5 foot setbacks. Barnes said the five feet is meant to provide open space, light and ventilation. The LNM zone, however, permits zero lot line setbacks for such uses as single-family detached dwellings and single-family attached dwellings to provide a "variety of housing choices". Donahue believes the revised proposal does reinforce the intent of the Code otherwise you'd end up with small strips of land. Hall wondered if more space was made available would the individual property owners be able to request additional structures (i.e. a 3-car garage instead of a 2-car garage). Yes, possibly. McBride asked what would preclude someone from parking in that extra space on the non -zero setback side of the garage. Crum responded that it would be tightly controlled by the covenant and with parking available in front of the home and on the 8 foot garage driveway it was unlikely additional parking spaces would be needed. Dickson made a motion to approve appeal number 2567 because the granting of the variance would not be detrimental to the public good and the proposal as submitted will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard. Specifically, the redesigned plan eliminates the dead space between garages and creates open space and lines of vision that enhance the development. Hall seconded the motion. Vote: Yeas: Daggett, Dickson, Donahue, Hall, McBride, Pisula Nays: 4. Other Business: None. The meeting adjourned at 9:45 a.m. -PJ'wight Hall, Chairperson Peter Barnes, Zoning Administrator