Loading...
HomeMy WebLinkAboutMemo - Mail Packet - 5/24/2022 - Memorandum From Marcus Coldiron Re: Shed Height Requirements For Unpermitted ShedsPlanning, Development, and Transportation Community Development & Neighborhood Services 281 N. College Ave. - PO Box 580 Fort Collins, CO 80522 970.416.2740 970.224.6134 - fax fcgov.com/nbs DATE: May 18, 2022 TO: Mayor and City Council THRU: Kelly DiMartino, Interim City Manager Kyle Stannert, Deputy City Manager Caryn Champine, Director of Planning, Development and Transportation Paul Sizemore, Director of Community Development and Neighborhood Services FROM: Marcus Coldiron, Chief Building Official RE: Shed height requirements for unpermitted sheds The purpose of this memorandum is to provide Council with information on the purpose of establishing a height limit for unpermitted sheds. This request came from Council upon hearing public testimony at their Regular Meeting on May 2, 2022. Bottom Line: A Fort Collins local amendment has been in place since 1998 that allows sheds without a permit if they are under 8 feet tall and 120 square feet. This permit exemption is provided to simplify the process of installing some small accessory structures while minimizing hazards to neighboring properties. A shed greater than this size can be constructed with a permit, which allows for additional oversight through plan review and inspection. Sheds that are exempt from permitting are not exempt from subdivision covenants or plat restrictions, so increasing the height exemption would not resolve situations where a homeowner wants to install a shed that exceeds what is described on a plat. Background: The International Residential Building Code as adopted by the City of Fort Collins includes the following amendment addressing unpermitted detached accessory structures: Section R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: R105.2 Building. 1. Other than storm shelters, one-story detached accessory structures for lawn and garden equipment storage and similar uses, including arbors, pergolas, and similar structures, provided that the floor area does not exceed 120 square feet (11.15 m2) or 8 feet (2.438 m) in height, do not house flammable liquids in quantities exceeding 10 gallons (38L) per building, and the structures are located at least 3 feet (0.914 m) from an adjoining property line. This amendment has been largely unchanged and has included the 8 ft height requirement since the 1997 adoption of the Uniform Building Code in 1998. As sheds and other detached structures grow in square footage or in height, building codes become more restrictive due to the potential increased risk of damage to property and persons. Building Code requires wall construction located within 5’ of a property line to be 1-hour fire rated, except for detached tool sheds and storage sheds, playhouses and similar structures exempted from permitting. As the amendment is written today, it would allow an unpermitted shed, 8 feet in height, to be built 3 ft from a property line. If a shed built to those parameters collapses or catches fire, the fall radius and impact area of the structure includes some of the neighboring property that may also have a structure 3 feet from the property line. Increasing the height beyond 8’ would also increase the fall radius, impact area and the potential hazard to neighboring properties and structures. Additionally, foundations for accessory structures with an eve height of 10’ or more require frost protection. Minimum depth for frost protection in Fort Collins is 30 inches below grade. This is a critical structural component of any structure verified through the permitting process. Permitting requirements for accessory structures vary across the front range. Larimer County does not require permitting if the structure is less than 200 square feet, has less than a 10’ eve height and is no more than one story. Boulder allows up to 80 square feet, up to 10’ in height, Loveland and many other jurisdictions allow up to 200 square feet, with no height restrictions. Although building codes require that every structure must adhere to all building codes, permitted structures have additional levels of oversight including plan review and inspection processes. This helps ensure structures are built in accordance with building codes, increasing building safety throughout the community. Other considerations: Public testimony made at the council meeting on May 2, 2022 was concerning a property located within a R-L zone district however, the setbacks are higher than R-L as recorded on the plat. Increasing non-permitted structure standards would allow an accessory structure to be built to the preferred size and location on the lot, without obtaining a building permit. The structure could still be in violation of subdivision covenants or plat restrictions if not followed appropriately. Land Use Code: Once a structure exceeds either of the above thresholds, the Land Use requirements for building height, square footage and setbacks shall be met. In general, within R-L zone district a permitted accessory structure is limited to the following: 2ft greater than the primary structure with a maximum of 28ft 5 ft side-yard setback 15 ft rear-yard setback 800 sf in size. Subdivision Plats: Older subdivisions may have included greater restrictions to height, size and setbacks as recorded on the plat. The Land Use Code does not give authority to alter restrictions on a recorded plat for individual lots. A replat of the entire subdivision is required if a homeowner wants to change a restriction placed on a plat. Next Steps: If Council is interested in additional information, please let us know and we can prepare a more detailed memorandum and/or schedule meeting time with interested Councilmembers. If Council is interested in exploring a change to the threshold for unpermitted structures, this would require a change to the International Residential Code and the International Building Code that would include stakeholder and community outreach and drafting new code language before presenting to Council for feedback and approval. With the recent adoption of the 2021 Building Codes, Building Services staff’s focus is on education and training for our customers to ensure a smooth transition and successful continued development within the City by supporting permitting, inspection and plan review needs. Mid-cycle building code changes are an additional set of tasks for the Building Services team. If Council identifies a mid-cycle change is needed, this process could take approximately 2-3 months and based on current priorities, staff could begin this work Q1 of 2023. Staff recommends adding this item to the list of building code changes to be discussed and presented with the next regular building code update, in coordination with the review of the 2024 building codes.