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HomeMy WebLinkAboutZoning Board Of Appeals - Minutes - 10/08/20209 Ralph Shields, Chair Shelley LaMastra, Vice Chair David Lawton John McCoy Taylor Meyer Ian Shuff Butch Stockover Council Liaison: Ross Cunniff Staff Liaison: Noah Beals LOCATION: Virtual Hearing 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 OCTOBER 8, 2020 8:30 AM • CALL TO ORDER and ROLL CALL All boardmembers were present. • APPROVAL OF MINUTES FROM PREVIOUS MEETING Stockover made a motion, seconded by Meyer to approve the September 10, 2020 Minutes. The motion was passed. • CITIZEN PARTICIPATION (Items Not on the Agenda) None. • APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL ZBA200039 – APPROVED Address: 5830 Southridge Greens Blvd Owner: Renee Long Petitioner: Tad Bjorlie Zoning District: R-L Code Section: 4.4(D)(2)(c ). Project Description: This is a variance request to build a patio cover 2 feet into the required 15-foot rear yard setback. Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request , noting that the property backs up to one of the holes in the Southridge Golf Course. The property does not abut another property, only the Golf Course/open space. Structure will be on the Southeast corner of the house and is open on 3 sides. Existing fence will still line the structure. ZONING BOARD OF APPEALS MEETING MINUTES Zoning Boa rd of Appeals Page 2 October 8, 2020 Applicant Presentation: Applicant Robert Long , 5830 Southridge Greens Blvd , addressed the board and agreed to have this appeal remotely . He stated that they live mid -fairway of the 13th hole and get a lot of golf balls coming into their yard They are building to get maximum usage of their yard and pro tection from incoming golf balls . They also wanted to avoid taking out the adjacent tree. Audience Participation: none Board Discussion: Boardmember Stockover stated that it seems very straightforward. Very little impact. He would be in favor. Boardmembers Lawton, Shuff, McCoy, Meyer, Shields and LaMastra also support this appeal. Boardmember Stockover made a motion, seconded by Shields to approve ZBA200039 for the following reasons: The variance request will not diverge from the standard but in a nominal, 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 with the following findings: The property abuts a golf course and not a resid ential use, The patio cover is open on three sides, existing use of the yard includes patio surface, the two foot area and a fifteen yard setback. Yeas: Meyer, Lawton, Stockover, Shields, McCoy, LaMastra and Shuff. Nays: none THE MOTION CARRIED, THE I TEM WAS APPROVED. 2. APPEAL ZBA200040 – APPROVED Address: 1501 Peterson St.. Owner: Robert & Sally Linton Petitioner: Blue Pine Construction, Inc Zoning District: N-C-L Code Section: 4.7(E)(4) Project Description: This is a variance request for a patio cover to encroach 4 feet into the required 15 -foot corner side- yard setback Staff Presentation: Beals showed slides relevant to the appeal and discussed the variance request, notin g the property is a corner property on corner of Peterson and E Lake St. The existing garage already is encroaching the same distance. The proposed patio is seeking to match that. There is a fence that runs along the property line that has thick vegetation along it. The visual appearance of the proposed structure is limited from the public right of way. Applicant Presentation: Applicants Robert Linton, 1501 Peterson St , and Mike and Lorilyn Bockelman, 1669 E County Rd 70, Wellington, addressed the board. Mr Linton noted t here was a previous approval for the garage. The setback does not encroach on any neighbors as it backs to an alley. Home is over 100 years old and is historic. When the garage was added in 2002, they matched the look of the original home. It is their intent to continue the look for the patio and has been approved by the Historic Community. There are massive elm trees that drop sap throughout most of the year. This limits patio use right now. Applicant Bockelman noted that there is a green belt behind which makes the setback seem larger than it is. Boardmember Lawton asked whether there are any trees which need to be removed. It was confirmed that there are not. Audience Participation: none Board Discussion: Boardmember Stockover said that it is very straightforward. It helps with the vegetation and also that the property does not abut directly to the street , but there is some grass area before the sidewalk . Boardmember Lawton noted that it seems to be a good use of the neighborhood. Boardmember Shuff thinks that it will be minimal impact and will be in support. Boardmembers McCoy, LaMastra and Meyer will also be in support. Zoning Boa rd of Appeals Page 3 October 8, 2020 Boardmember Stockover made a motion, seconded by LaMastra, to approve ZBA200040 for the following reasons: The variance request will not diverge from the standard but in a nominal, 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 Sec tion 1.2.2. with the following findings: The proposed patio enclosure matches the existing encroachment of the garage, the proposed patio cover is behind a fence and landscaping that obscures the view from the public right of way, the patio does not increa se the allowable floor area for the property. Yeas: Meyer, Lawton, Stockover, Shields, McCoy, LaMastra and Shuf f. Nays: none. THE MOTION CARRIED, THE ITEM WAS APPROVED. • OTHER BUSINESS – Beals noted that in November 2021 there will be a scheduling conflict with Veteran’s Day. It was decided by the board that the best day to meet would be the second Friday (November 12, 2021). • ADJOURNMENT Meeting adjourned at 9:15 AM Ralph Shields, Chairperson Noah Beals, Senior City Planner-Zoning