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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 01/15/2015Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Robert Long John McCoy Ralph Shields Butch Stockover Council Liaison, Gino Campana 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 (TOO 224-6001) for assistance. REGULAR MEETING JANUARY 15, 2015 8:30AM • Call to Order and Roll Call Boardmembers Present: McCoy, Stockover, Long, Bello, Shuff, Bear and Shields. • Citizen Participation (Items Not on the Agenda) None • Approval of Minutes from December meeting Bear made a motion, seconded by Shuff, to approve the minutes of the December 2014 meeting. The minutes were adopted unanimously. • Appeals for Variance to the Land Use Code 1. APPEAL # 2790 -Approved with Condition Address: Petitioner/Owner: Zoning District: Code Section: Project Description: 307 West Street Robert Mosiman N-C-M 4.8(D)(3), 4.8(D)(6) The allowable floor area in the rear half of the lot is 1,283 square feet. The existing buildings exceed the allowable floor area by 820 square feet. The proposal would demolish a 240 square foot garage and build a new 603 square foot garage, increasing the total floor area in the rear half to 2,467 square feet. The variance would allow a net increase of 363 square feet of floor area in the rear half. Additionally, a variance would allow an accessory structure to be built 3 square feet over the allowed 600 square foot maximum. Zoning Board of Appeals Page 2 January 15, 2015 Staff Presentation: Beals showed slides relevant to appeal. He stated the house and all structures on the lot are on the rear half of the lot, as are the neighboring house and others throughout the neighborhood. Beals noted this proposal would not exceed the total allowable floor area for the lot but would exceed the rear lot half floor area. He stated the proposed garage would be 603 square feet which would exceed the allowable square footage of a detached accessory building by 3 square feet. Should the garage be attached, it is not considered an accessory building and is not required to meet the 600 square foot requirement. Beals read a letter in opposition to the variance requests from James Bristol, Berthoud, CO, owner of 317 West Street. Beals stated staff is recommending approval of the variance with the condition that the proposed garage second story does not include any floor area that would exceed the 603 square feet. Applicant Presentation: Bobby (Robert) Mosiman, 307 West Street, discussed the unique layout of the house and his proposal. He stated the new garage will physically attach to the house where possible; therefore it is difficult to determine how to categorize the structure. He discussed the hardship argument noting meeting the standard by adding a garage to the front of the lot would destroy the look of the property. Beals stated, as described, the structure would be considered attached; therefore the detached structure square footage variance is not needed. Audience Participation: None Board Discussion: Long stated this project would continue to improve the diversity of the area. Bello noted the structures remain within the allowable lot square footage. Stockover asked about the side yard setback from the garage to the neighbor. Beals replied the side yard setback is five feet on the north side. Mr. Mosiman noted the property lines may be a bit off technically and stated the new garage will lie on the same line, which is five feet from the neighboring property. Shuff noted adjacent house are also on the rear halves of the lots; therefore, this variance would remain in the context of the neighborhood and would not be detrimental to the public good. Bello made a motion, seconded by Shuff, to approve Appeal #2790 for the following reasons: the granting of the variance would not be detrimental to the public good, due to the existing location of the primary structure and large shade trees, a strict application of the standard results in a situation unique to the property that is an exceptional practical difficulty; and since the neighboring homes are also on the rear halves of the lots; and the square footage will not exceed the total allowable square footage for the lot; the granting of the variance is nominal and inconsequential with regard to affecting the adjacent properties. Additionally, Bello's motion included the condition that the second floor ceiling height does not exceed 7.5 feet in height and the garage does not exceed 603 square feet for the total structure. Vote: Yeas: Stockover, McCoy, Bear, Bello, Shields, Long, Shuff Nays/Abstain: None 1. APPEAL # 2791 -Approved with condition Address: Petitioner/Owner: Zoning District: Code Section: Project Description: 263 Osiander Street Rocky Mountain High, LLC C-C-N 3.5.2.(E)(3) The variance would allow an alley accessed garage/carriage house to continue to be built upon a foundation that was installed 1 foot into the required 8 foot rear yard setback. Zoning Board of Appeals Page 3 January 15, 2015 Bello withdrew from the discussion of this item due to a conflict of interest. Staff Presentation: Beals showed slides relevant to the appeal and noted an identical variance request came before the Board in November and was granted. Stockover asked about the status of the easement vacation. Beals replied the vacation will be sought following approval of the variance; therefore, staff is recommending a condition that the easement be vacated. Applicant Presentation: Shannon Ellis, Rocky Mountain High, 216 East Oak Street, stated the City Engineering Department has been contacted and have indicated the easement vacations will not be an issue. The foundations were already poured by a company that went bankrupt. She requested the Board find the variance request to be nominal and inconsequential. Audience Participation: None Board Discussion: Bear made a motion, seconded by Shuff, to approve Appeal #2791 for the following reasons: the granting of the variance will not be detrimental to the public good, the encroachment is nominal in respect to the entire required setback; the setback from the property line is adjoined to an alley and not another residential property; therefore, in the context of the neighborhood, the variance will not diverge from the standard but in a nominal and inconsequential way and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Additionally, requiring the applicant to move the foundation to meet the setback requirement would be considered wasteful. The approval of the appeal is with the condition that any utility and drainage easements be vacated. Vote: Yeas: Stockover, McCoy, Bear, Shields, Long, Shuff Recused: Bello • Other Business Election of Officers: Long made a motion, seconded by Bear, for Bello to remain Board Chair and Shuff to remain Vice-Chair. Vote: Yeas: Stockover, McCoy, Bear, Bello, Shields, Long , Shuff Nays/Abstain: None The Board held a brief discussion regarding the criterion for a hardship. • Adjournment The meeting adjourned at 9:15a.m.