ZONING BOARD OF APPEALS AGENDA

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1 ZONING BOARD OF APPEALS AGENDA Michael Bello, Chair Council Liaison, Gino Campana Heidi Shuff, Vice Chair Staff Liaison, Noah Beals Daphne Bear Robert Long LOCATION: John McCoy City Council Chambers Ralph Shields 300 LaPorte Avenue Butch Stockover Fort Collins, CO 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 (TDD ) for assistance. REGULAR MEETING JANUARY 15, :30 AM CALL TO ORDER and ROLL CALL CITIZEN PARTICIPATION (Items Not on the Agenda) APPROVAL OF MINUTES FROM PREVIOUS MEETING APPEALS FOR VARIANCE TO THE LAND USE CODE 1. APPEAL # 2790 Address: 307 West Street Petitioner/Owners: Robert Mosiman Zoning District: N-C-M Code Section: 4.8(D)(3), 4.8(D)(6) Project Description: 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. 2. APPEAL # 2791 Address: 263 Osiander St. Petitioner: Rocky Mountain High, LLC Zoning District: C-C-N Code Section: 3.5.2(E)(3) Project Description: 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.

2 Zoning Board of Appeals Page 2 January 15, 2015 OTHER BUSINESS ADJOURNMENT

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5 STAFF REPORT January 15, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2790 PROJECT DESCRIPTION Address: 307 West Street Petitioner/Owner: Robert Mosiman Zoning District: N-C-M Code Section: 4.8(D)(3) and 4.8(D)(6) Variance Request to: 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. RECOMMENDATION: Staff recommends approval of the variance request to allow a new accessory building that is 603 square feet to be built as shown by the applicant s site plan increasing the total allowable floor area in the rear half of the lot to 2,467 square feet and to exceed the maximum square footage of an accessory building by an additional 3 square feet with the condition that any 2 nd story or half story of garage does not exceed the requested 603 square feet. STAFF COMMENTS: 1. Background: This site was platted and annexed into the City in approximately 1907 as part of the Capital Hill Addition annexation. The lot size has remained intact from that time. The original building on site was probably built in1908 and appears to have been built in the rear half of the lot. The number of changes the original building has been through is uncertain. However, a recent addition to the house and the existing garage were permitted in Since 2006, Land Use Code standards have been updated to encourage new structures to enjoy an increased connection with the public right-of-way. These changes have limited the amount of allowable floor area in the rear half of the lot. 2. Applicant s statement of justification: See petitioner s letter. 3. Staff Conclusion and Findings: Under Section (H), staff recommends approval of the variance request to allow a new accessory building that is 603 square feet to be built as shown by the applicant s site plan increasing the total allowable floor area in the rear half of the lot to 2,467 square feet and to exceed the maximum square footage of an accessory building by an additional 3 square feet with the condition that any 2 nd story or half story of garage does not exceed the requested 603 square feet. In doing so staff finds: The granting of the variance would not be detrimental to the public good. Because of the existing location of the primary structure and trees, a strict application of the standard results in an exceptional situation unique to the property that is an exceptional practical difficulty.

6 4. Recommendation: Staff recommends approval of Appeal #2790 with condition that any 2 nd story or half story of the garage does not exceed the requested 603 square feet.

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8 Community Development & Neighborhood Services Zoning Services 281 North College Avenue P.O. Box 580 Fort Collins, CO fcgov.com/zoning Appeal for Modification of Zoning Ordinance to the Zoning Board of Appeals Appeal Number 2790 Meeting Date Thursday, January 15, Laporte Ave. Council Chambers, 8:30 am Petitioner must be present at the meeting. When a building or sign permit is required for any work for which a variance has been granted, the permit must be obtained within six months of the date of the variance. Any extension of this six month time limit must be stipulated by the Zoning Board of Appeals at the time the variance is granted. Address 307 West St. City Fort Collins State CO ZipCode Owner: Robert Mosiman Code Section(s) 4.8(D)(3), 4.8(D)(6) Job Status Not Started Petitioner: Robert Mosiman Petitioner Is: Owner Phone Number (720) Petitioners Address 307 West St Zoning District N-C-M Description Clarification: 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. Hardship

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13 MOSIMAN ROBERT JOSEPH 307 WEST ST FORT COLLINS, CO RING DAVID E 312 WEST ST FORT COLLINS, CO NISWENDER RAYMOND R 318 WEST ST FORT COLLINS, CO MILLS-IRVING WENDY 2642 MICHENER DR FORT COLLINS, CO ROWAND WILLIAM T 316 N SHIELDS ST FORT COLLINS, CO NARDI DAVID A 301 WEST ST FORT COLLINS, CO RTA PROPERTIES LLC 5716 PLEASANT HILL LN FORT COLLINS, CO BARRETT RUSSELL G JR 302 WEST ST FORT COLLINS, CO ROZGONYI DAVID RIMROCK DR GOLDEN, CO BARBEROT ROBERT J JR/SUZANNE R 300 N SHIELDS ST FORT COLLINS, CO TIMMERMANS SYLVIA 931 PIONEER AVE FORT COLLINS, CO DECOURSEY MAUREEN 316 WEST ST FORT COLLINS, CO HU ALISON L 945 ROSEWOOD AVE SAN CARLOS, CA AGNE-MOEHLE TAMI 312 N SHIELDS ST FORT COLLINS, CO BRISTOL JAMES L/DEBORAH PO BOX 18 BERTHOUD, CO KIEL BRYAN J 319 WEST ST FORT COLLINS, CO HUNTLEY B T/MARK 229 PARK ST FORT COLLINS, CO CLINE KEVIN L 315 WEST ST FORT COLLINS, CO HILFINGER ANN N/KATHLEEN B 239 WEST ST FORT COLLINS, CO PELLEGRINO STEPHEN 2107 WESTVIEW RD

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15 STAFF REPORT January 15, 2015 Zoning Board of Appeals STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL #2791 PROJECT DESCRIPTION Address: 263 Osiander Street Petitioner: Rocky Mountain High LLC Owner: Sadanowicz Family Trust Zoning District: C-C-N Code Section: 3.5.2(E)(3) Variance Request to: The variance would allow an alley accessed garage to continue to be built upon a foundation that was installed 1 foot into the required 8 foot rear yard setback. RECOMMENDATION: Staff recommends approval of Appeal #2791 to 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, with the condition that any utility and drainage easement be vacated. STAFF COMMENTS: 1. Background: This site is a part of the Old Town North subdivision and development plan. This development approved two detached units on 1 lot on the majority of properties. In 2007 the first builder was issued a building permit for the construction the garage/carriage house. This builder poured the foundation and stopped work. The bank foreclosed on the property and until earlier this year the bank did nothing more to the site. The current owner purchased the property and intended to continue building the structure. In response to a request by the City for an Improvement Location Certificate (ILC) the owner discovered the foundation to have been installed 1 foot closer to the property line encroaching into the setback. The 8 foot setback overlaps an 8 foot utility and access easement. In addition to requesting a variance from the setback the applicant will need to obtain a vacation of the easements from the City s Engineering department. Additionally, a variance was granted on November 13 th, 2014 for the exact same condition for property 245 Osiander Street. 2. Applicant s statement of justification: See petitioner s letter. 3. Staff Conclusion and Findings: Under Section (H), staff recommends approval of the variance request to 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 setback with the condition that any utility and drainage easements are vacated and finds:

16 The granting of the variance will not be detrimental to the public good The 1 foot encroachment is 12% of the entire required 8 foot setback The setback is from the property line that 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, inconsequential way and will continue to advance the purpose of the Land Use Code as contained in Section Recommendation: Staff recommends approval of Appeal #2791 with the condition that any utility and drainage easements be vacated.

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21 HAAGENSON ERIK/BRIANNE 245 OSIANDER ST LANER JESSE/AMY 238 CAJETAN ST HAYDEN SCOTT/MELODY 244 CAJETAN ST OLD TOWN NORTH COMMUNITY ASSOC 749 JEROME ST SADANOWICZ FAMILY TRUST 263 OSLANDER ST TWIN PINES INVESTMENT GROUP LL C 137 N ROOSEVELT AVE FORT COLLINS, CO 80521` PHILGREEN CONSTRUCTION INC 1414 BLUE SPRUCE DR STE B NORTH FLATS LLC 191 UNIVERSITY BLVD UNIT 292 DENVER, CO LINKE SCOTT/NOREEN 1742 CREEKSIDE DR SUGAR LAND, TX FARMERS BANK 713 S LEMAY AVE ONEILL PATRICIA A 232 CAJETAN ST PATTERSON MARGARET 245 CAJETAN ST ROARTY DANIEL P 226 CAJETAN ST WIERDSMA ANN G REVOCABLE TRUST 2315 DATE PALM RD BOCA RATON, FL TENNANT JEFFREY TUCK 317 N WHITCOMB ST FORT COLLINS, CO WARD CHARLES W 257 CAJETAN ST ERTL STEVEN R 250 CAJETAN ST BOILEAU THOMAS D 262 CAJETAN ST BREWER BOONE T 269 OSIANDER ST KEELER ABIGAIL MORGAN 2736 W ELIZABETH ST FORT COLLINS, CO ROBERTSON ERIC M/KELSEY L 526 CAJETAN ST 2572

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