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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 08/13/2015Michael Bello, Chair Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields Butch Stockover Council Liaison: Bob Overbeck 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. • Call to Order and Roll Call REGULAR MEETING AUGUST 13, 2015 8:30 AM • Citizen Participation (Items Not on the Agenda) Deputy City Attorney Eckman introduced Assistant City Attorney Brad Yatabe to the Board and stated Mr. Yatabe will be taking over for him upon his retirement. • Approval of Minutes from Previous Meeting Shuff made a motion, seconded by Long, to approve the minutes from the June 11, 2015 meeting. Yeas: Shuff, Bear, Long, McCoy and Shields. Nays: none. Abstain: Bello. THE MOTION CARRIED. (**Secretary's note: Stockover arrived late to the meeting and was not present for this vote.) • Appeals for Variance to the Land Use Code 1. APPEAL ZBA150031 -Approved Address: 1543 Freedom Lane Petitioner: Robert Hansen Owner: Hansen Family Trust Zoning District: R-L Code Section: 4.4(D)(1) Project Description: The variance would allow a second story addition above the garage to exceed the allowable floor area for the lot by 404 sq. ft. Staff Presentation: Beals showed slides relevant to the appeal and stated the request is for additional square footage on the second floor. He noted the site plan and setbacks will remain the same. Beals showed elevations indicating the addition, stating it would be located above the existing two-car garage, and Zoning Board of Appeals Page2 August 13, 2015 would place the square footage of the structure approximately 404 square feet over what would be allowed on the lot. Beals stated staff is recommending approval of the variance request. Shuff asked about other properties in the area which exceed the allowable floor area, per the applicant's information. Beals replied there has not been a recent zoning change and stated the applicant received his information from the Assessor's Office and he therefore cannot comment on the legality of the additions in the area. Applicant Presentation: Robert Hansen, 1543 Freedom Lane, stated this addition would allow for a new bedroom and walk-in closet for his daughter. He stated this plan looks similar to others in the neighborhood; however, his lot is slightly smaller than others, which limits his allowable square footage. Audience Participation: None Board Discussion: Bello stated the variance seems nominal and inconsequential. Bello made a motion, seconded by Shuff, to approve Appeal No. ZBA150031 for the following reasons: the granting of the variance would not be detrimental to the public good, the additional floor area is a 6% increase of the allowable floor area, the additional floor area does not increase the footprint and height of the existing structure; therefore, the variance request will not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Vote: Yeas: Bear, McCoy, Shuff, Bello, Stockover, Long and Shields. Nays: none. THE MOTION CARRIED. 2. APPEAL ZBA150032 -Approved Address: SW corner of S. Shields St. & Westbury Dr. Petitioner: Leigh Solo Owner: Le Jardin HOA Zoning District: R-L Code Section: 3.8.7(C)(1)(f) Project Description: The variance would allow a subdivision identification sign to be located on a street shared by other subdivisions. Additionally, the variance would allow for more than one subdivision identification sign at this shared street entry. Staff Presentation: Beals stated Rodney Wonenberg is representing the HOA today and discussed the request for an additional subdivision entry sign. He stated the Code requires subdivision signs to be located on an entry only into the specific subdivision; however, staff has found this request to be nominal and inconsequential and potentially helpful in wayfinding. Additionally, he noted no new structures would be built as letters would be added to an existing wall and the signage square footage is within the Code requirements. Beals also stated the sign would be located on private property and would not be within the public right-of-way. Bear asked if a subdivision sign currently exists on Corsica. Beals replied in the negative and stated that would typically be where a sign would be placed. Additionally, he clarified the two signs previously referenced are the existing Westbury sign and the new proposed sign for Le Jardin. Applicant Presentation: Rodney Wonenberg, Le Jardin resident, cited other examples of two signs on a single corner throughout the city and stated the wall for the sign is already in place. Zoning Board of Appeals Page 3 August 13, 2015 Audience Participation: None Board Discussion: Bear stated it is reasonable to have a sign for a neighborhood that is helpful for wayfinding. Long agreed. Bear made a motion, seconded by Shuff, to approve Appeal ZBA150032 for the following reasons: the granting of the variance would not be detrimental to the public good and would actually be beneficial to the public good; the sign is within size and height limits of an identification sign; the wall where the sign will be placed is an existing wall; it will provide additional clarification that both subdivisions can be accessed from Westbury Drive; therefore, the variance will not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2, and because the documentation does demonstrate that the wall is on the Homeowner's Association lot, there would be no need to place a condition on the approval. Vote: Yeas: Bear, McCoy, Shuff, Bello, Stockover, Long and Shields. Nays: none. THE MOTION CARRIED. 3. APPEAL ZBA150033 -Approved with Conditions Address: 642 Yarrow Circle Petitioner/Owner: Mark Laken Zoning District: R-L Code Section: 4.4(0)(2)( c) , 4.4(D)(2)(d), and 3.8.19(A)(6) Project Description: The variance would allow a new shade structure (posts and eaves) to encroach 5 feet into the required 5 foot side-yard setback and 10 feet into the required 15 foot rear-yard setback. Staff Presentation: Beals showed slides relevant to the appeal. He noted this property is zoned RL; however, the property just to the rear of the subject is zoned LMN with no current development plans. The LMN zone would allow a residential use to be built within 8 feet of the rear property line. Beals noted 20 feet of setback created by a drainage easement exists between the subject and the property to the south. No structures can be built on that easement. He stated staff is recommending approval of the variance with the condition that the shade structure remain open on three sides, that the side posts of the structure be set back at least two feet so the eaves can extend to zero, and that the posts along the rear be set back at eight feet so the eaves can extend two feet. McCoy asked about the utility easement at the rear of the property and asked if the house is already encroaching into the 15-foot setback. Beals replied the house did receive a variance for the encroachment when originally built in 1994. Applicant Presentation: Mark Laken, 642 Yarrow Circle, stated the house is built in such a way that it is difficult to add any type of structure without an encroachment, and the proposed location of the structure would provide the most shade. Bear asked if the proposal incorporates the recommended conditions. Mr. Laken replied in the negative and stated he would like the structure to be larger, but would move forward with the structure regardless. Audience Participation: None Board Discussion: Beals clarified the staff report should read two variance requests to allow 5 foot encroachment into the 5 foot required side yard setback, and 6 feet into the required rear-yard setback with the Zoning Board of Appeals Page4 August 13, 2015 conditions that the posts are set back two feet from the side property line and eight feet from the rear property line. Bello made a motion, seconded by Long, to approve Appeal ZBA150033 for the following reasons: the granting of the variance would not be detrimental to the public good, the variance requests would allow a 5 foot encroachment into 5 feet required side setback and 6 feet into the required rear yard setback, with the condition that the posts of the structure are set back two feet from the side property line and eight feet from the rear property line and the structure remains open on three sides; the easement on the south property line provides a greater setback distance for a structure to another residential property, the encroachment is limited to the corners of the shade structure, the structure is open on three sides, the primary structure currently encroaches into the rear setback, the adjoining property is permitted to build a structure with the same setbacks without a variance request; therefore the variance will not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Vote: Yeas: Bear, McCoy, Shuff, Bello, Stockover, Long and Shields. Nays: none. THE MOTION CARRIED. 4. APPEAL ZBA150034-Approved Address: 925 Cheyenne Drive Petitioner/Owner: Michael Quirk Zoning District: R-L Code Section: 3.8.11 (C)(3) Project Description: The variance would allow a recently replaced fence varying in height between 6 feet to 7 feet to remain . The maximum height of a fence in the rear and side yards is 6 feet. Staff Presentation: Beals showed slides relevant to the appeal and stated the fence in question is located along East Stuart Street and noted the fence does not consistently go over the 6 foot height limit and in no place goes over 7 feet due to grading changes. Beals stated staff is recommending approval of the request as being nominal and inconsequential. Long asked if landscaping will be placed along the fence. Beals replied in the affirmative. Long noted fill dirt could be placed on the bottom of the fence in order to meet the requirements. Applicant Presentation: Michael Quirk, 925 Cheyenne Drive, stated dirt along the sidewalk was removed as it was primarily clay and stated the new fence is the same height as the one it replaced. Bear asked if any responses to the notice of hearing have been received. Beals replied in the negative. Audience Participation: None Board Discussion: Bear inquired if there were any responses from the neighbors about the APO mailing. Beals replied there was just the initial complaint but he had not received any other responses. Bear made a motion, seconded by Shuff, to approve Appeal ZBA150034 for the following reasons: the granting of the variance would not be detrimental to the public good, there have been no responses to the hearing notice, along the entire length of the fence, the height varies based on the variation of the grade of the property line, the additional increase of one foot is 16% of the increase of the allowed 6 foot maximum height; therefore the variance request will Zoning Board of Appeals Page 5 August 13, 2015 not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Stockover stated the original issue brought up by a neighbor was likely more of a concern rather than a complaint, particularly given there have been no follow-up complaints. Vote: Yeas: Bear, McCoy, Shuff, Bello, Stockover, Long and Shields. Nays: none. THE MOTION CARRIED. 5. APPEAL ZBA150035 -Approved Address: 1137 Hawkeye Street Petitioner: Sundeck Designs, John Bridgham Owner: Robert Seybert Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description: The variance would allow a 2nd floor deck to encroach 4 ft. into the required 10 ft. rear-yard setback. Staff Presentation: Beals showed slides relevant to the appeal stating the property is near Lemay and Trilby. He stated the original PUD allowed for a 10 foot setback, which would normally have been 15 feet given the zone district. Additionally, Beals noted there have been other variances granted for similar requests in the neighborhood and stated staff is recommending approval of the variance as being nominal and inconsequential. Shuff asked if the lot is essentially backing to open space. Beals replied in the affirmative. Applicant Presentation: John Bridgham, Sundeck Designs, provided letters of support from neighbors and an aerial photo showing decks on adjoining properties. Audience Participation: None Board Discussion: The Board held a brief discussion concerning other similarly approved variances. Bello made a motion, seconded by Bear, to approve Appeal ZBA150035 for the following reasons: the granting of the variance would not be detrimental to the public good; the variance request to allow a deck to encroach into the rear yard setback an additional 4 feet from the previously allowed 10 foot setback is similar to previously granted requests; the structure is open on two sides; the same uses associated with a deck are allowed if it were at ground level; therefore the variance request will not diverge from the standard but in a nominal and inconsequential way when considered in the context of the neighborhood and will continue to advance the purpose of the Land Use Code as contained in Section 1.2.2. Vote: Yeas: Bear, McCoy, Shuff, Bello, Stockover, Long and Shields. Nays: none. THE MOTION CARRIED. • OTHER BUSINESS: None • ADJOURNMENT: The meeting adjourned at 9:39 a.m. Noah Beals, Senior City Planner-Zoning