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: Peter Barnes Daphne Bear Bob 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. 1. ROLL CALL REGULAR MEETING THURSDAY, JUNE 12, :30 A.M. 2. CITIZEN PARTICIPATION (for items not on the Agenda) 3. APPROVAL OF MINUTES FROM PREVIOUS MEETING 4. APPEAL 2763 Address Petitioner Zoning District Justification Project Description 1101 N. College Avenue Vanessa Houk CG See petitioner's letter Request for Variance to Section 3.8.7(G)(1) Sign Setback Section 3.8.7(G)(1) The code requires that the proposed 53 square feet per side, 10 feet tall monument sign be setback 10 feet from the College Avenue right-of-way line. The variance requested will reduce the required sign setback from 10 feet to 0 feet in order to allow the proposed sign to be located in the same location as the previously existing sign (which received a similar variance in 2011 due to the relocation of the right-of-way line associated with the North College Improvements Project). The new sign is 10 square feet per side smaller than the previously existing sign. 5. APPEAL 2764 Address Petitioner Owners Zoning District Justification Project Description 209 Third Street Doug Bennett Charles and Michelle Klamm RL See petitioner's letter Request for Variance to Section 4.4(D)(2)(b) - front setback The variance will reduce the required minimum front yard setback from 20 feet to 14 feet in order to allow the existing single family dwelling to be removed and a new single family dwelling constructed in its place. The existing house is at an approximate 14 foot setback from the front lot line.

2 Zoning Board of Appeals June 12, Page 2 6. APPEAL 2765 Address Petitioner Zoning District Justification Project Description 617 Cherry Street Amie Lopez NCM See petitioner's letter Request for Variance to Section 4.8(E)(3) - rear setback The variance would reduce the required minimum rear yard setback along the south lot line from 15 feet to 5 feet in order to allow for a new 20 feet x 20 feet one-story detached garage to be constructed. 7. APPEAL 2766 Address Petitioner Owner Zoning District Justification Project Description 331 Smith Street Jeff Schneider Christopher and Aleta Weller NCM See petitioner's letter Request for Variance to Sections 4.8(D)(3) and 4.8(E)(4) rear floor area ratio and side setback The variance requested will increase the allowed floor area ratio in the rear 50% of the lot from.33 to.532 (an increase from square feet allowed to 1264 square feet proposed) and will reduce the required minimum street side setback along Magnolia Street from 15 feet to 13.5 feet. The variance is requested in order to allow a 669 square feet second floor addition (of which 310 square feet is in the rear 50% of this shallow lot). While a lot area to floor area ratio variance is being requested for the rear 50% of the lot, the required overall lot area to floor area ratio for the entire lot is being met. The new second floor will be setback 1 foot further from the street side lot line than the setback of the existing house. 6. OTHER BUSINESS 7. ADJOURNMENT

3 ZONING BOARD OF APPEALS MEETING MINUTES Michael Bello, Chair Council Liaison: Gino Campana Heidi Shuff, Vice Chair Staff Liaison: Peter Barnes Daphne Bear Bob Long John McCoy City Council Chambers Ralph Shields 300 LaPorte Avenue Butch Stockover Fort Collins, CO A REGULAR MEETING OF THE ZONING BOARD OF APPEALS WAS HELD ON THURSDAY, MAY 8, 2014 AT 8:30 A.M. 1. ROLL CALL The meeting was called to order and roll call was taken. Boardmembers present: Bello, Long, McCoy, Shields, Shuff, and Stockover. Staff Members Present: Peter Barnes, Gary Lopez, Ali van Deutekom, Paul Eckman, Deputy City Attorney, and Marcha Hill, Staff Support. Boardmembers absent: Bear. 2. CITIZEN PARTICIPATION: None 3. APPROVAL OF APRIL 10, 2014 MINUTES Vote: Yeas: Shuff, McCoy, Long, Bello, Shields, Stockover Nays/Abstain: 4. APPEAL NO Approved Address 6540 S. College Avenue Petitioner Grem Armstrong Zoning District CG Justification See petitioner's letter Project Description Request for Variance to Section 3.8.7(G)(2) The variance will allow the existing pole-type freestanding sign along College Avenue to be replaced with a lower, monument-type sign at the same location. Specifically, the variance will allow a new monument-type sign to be constructed in place of the existing pole-type sign that currently exists at a 2.5 feet setback from the north side lot line rather than at the required 15 feet minimum setback distance from a side lot line. The new sign will satisfy all other requirements of the Land Use Code (LUC). STAFF PRESENTATION: Gary Lopez, Zoning Department, showed slides relevant to this appeal. He stated the property was part of an annexation approximately seven years ago and noted all annexed properties must have signs in compliance with City codes within seven years. He stated a compliant sign would eliminate one vehicle space. Stockover asked about the requirement for street setbacks. Barnes replied it complies with the College Avenue setback.

4 ZBA May 8, Page 2 Bello asked if the property owner or tenant was requesting the variance. Lopez replied it is the property owner. APPLICANT PARTICIPATION: Gabriel Armstrong, son of Grem Armstrong, stated he is available to answer questions. AUDIENCE PARTICIPATION: None BOARD DISCUSSION: Bello stated the request is reasonable given the size of the lot. Long stated he has no concerns with the request. Stockover stated the City sets a benchmark for sign codes and noted this may seem easy, although there will be many of these types of requests. Barnes replied most of the annexed properties have already been brought into compliance. Stockover asked about the size of the neighboring property. Barnes replied it is about twice as large as the subject property. Lopez noted the adjacent property to the north is currently vacant; however there is ample space for that property to meet the setbacks. Shuff asked if the setback from College Avenue is being met. Lopez replied in the affirmative. Shields asked how tall the proposed sign will be. Lopez replied it is not quite as tall as the drawing appears and noted final drawings will be required when the permit is pulled. Stockover stated this does not appear to be impacting the adjoining property. Shuff expressed some concern about setting a precedent; however, she noted the street frontage is narrow and the lot is quite small and stated she would support the variance request. Bello made a motion, seconded by Shuff, to approve Appeal No for the following reasons: the granting of the variance would not be detrimental to the public good and the hardship standard is satisfied due to the loss of parking required if the sign were placed 15 feet from the north side interior lot line. The property is on a corner lot with limited street access; it is also narrow compared to other annexed commercial properties along this section of S. College Avenue, and because of the placement of landscaping, light poles and potential future improvements to the intersection, putting the sign to the south does not make sense. Vote: Yeas: Shuff, McCoy, Long, Bello, Shields, Stockover Nays/Abstain: 5. APPEAL NO Approved Address 5204 Greenview Drive Petitioner Jeff Gaines Zoning District RL Justification See petitioner's letter Project Description Request for Variance to Sections 4.4(D)(2)(d) The variance will reduce the required street side setback along Parkway Circle North from 15 feet to 11.5 feet in order to allow a 9.75 feet x feet garage addition to the back of the existing garage. A corner of the addition will encroach beyond the required 15 feet minimum setback, to within

5 ZBA May 8, Page feet of the property line. The variance is requested in order to allow the north wall of the existing attached garage to be extended east to allow for storage. STAFF PRESENTATION: Ali van Deutekom, Zoning Department, showed slides relevant to the appeal and described the site. Shuff asked if the extension of the garage will be completely shielded by the fence. Barnes replied the applicant can address that question. APPLICANT PARTICIPATION: Jeff Gaines, HighCraft Builders, stated this remodel will allow storage space for a small sailboat. He stated the lot is irregularly shaped with a sweeping street curve and stated the garage addition will be mostly imperceptible from the street. Bill Hudson, owner, discussed the necessity for a garage addition, which he noted will not be seen from the street. Mr. Gaines stated this plan will not require a raised roof line and will have a gentler footprint. Shuff asked about the fencing. Mr. Hudson replied the fencing will remain as it provides privacy for the back yard. AUDIENCE PARTICIPATION: None BOARD DISCUSSION: Stockover stated the design works and he will support the variance. Long agreed and noted the Code addresses rectangular lots. Shuff agreed and stated the variance request is nominal and inconsequential. Bello made a motion, seconded by Stockover, to approve Appeal No for the following reasons: the granting of the variance would not be detrimental to the public good, the hardship standard is satisfied due to the unique shape of the corner lot, most of the proposed garage addition would meet the setback requirements, the proposed garage addition is behind the existing garage and would most likely go unnoticed from the front and corner side streets, and the addition will be about 26 feet from the street making this request a nominal and inconsequential deviation from the setback standard in the context of the neighborhood. Vote: Yeas: Shuff, McCoy, Long, Bello, Shields, Stockover Nays/Abstain: 6. OTHER BUSINESS: None 7. ADJOURNMENT The meeting adjourned at 9:08 a.m. Michael Bello, Chairperson Peter Barnes, Zoning Administrator

6 ZONING BOARD OF APPEALS STAFF REPORT Ali van Deutekom, Zoning Inspector PROJECT: Appeal # 2763 Address 1101 N. College Avenue Zoning Board of Appeals Variance June 12, 2014 ZBA Hearing APPLICANT: OWNER: ZONE DISTRICT: Vanessa Houk Rush Family LLC 738 Skyway Dr. Boulder, CO CS PROJECT DESCRIPTION: Request for Variance to Section 3.8.7(G)(1) - Sign Setback: Section 3.8.7(G)(1) The code requires that the proposed 53 square foot per side, 10 tall monument sign be setback 10 from the College Avenue right-of-way line. The variance requested will reduce the required sign setback from 10 to 0 in order to allow the proposed sign to be located in the same location as the previously existing sign (which received a similar variance in 2011 due to the relocation of the right-of-way line associated with the North College Improvements Project). The new sign is 10 square feet per side smaller than the previously existing sign. RECOMMENDATION: Approval of the variance. COMMENTS: 1. Background: The North College Improvements Project - Vine to Conifer, was recently completed in the area in front of this business. The acquisition of additional right-of-way to complete the project required 25 business signs to be relocated to bring them into compliance with the current sign code regulations. Of the 25 business signs affected by this project, there were four that the City, working with the business owners, was unable to find a suitable alternate location that would fully meet the requirements of the sign code standards. In those four cases, the City of Fort Collins Engineering Department Staff and the property owners believed that a variance request to the standard was reasonable and warranted given the criteria used by the Zoning Board of Appeals. Each of the four variance requests was approved, including Appeal #2692 for this particular address and business. 2. Applicant s statement of justification: See Petitioner s letter.

7 Zoning Variance Appeal #2763 June 12, 2014 Page 2 Zoning Board of Appeals Public Hearing 3. Staff Conclusion and Findings: Under Section (H), Staff recommends approval of the variance request to reduce the side setback and finds that: The granting of the variance would not be detrimental to the public good, and The nature of the physical improvements that currently exist on the lot prevent the sign from being relocated further to the west to comply with the Code. Specifically, the sign will abut the face of the building, and given the location of the building, the sign can t be moved further back, and if moved to the north, the sign will be behind the building. Therefore, there is no conforming location on the lot to where the sign can be located and the hardship standard is met. The proposed sign is actually a sign that was used by the business about 10 years ago, and it was located in the same location as it is now proposed. The new business owners prefer the old sign to the digital sign which previously existed pursuant to and after the 2011 variance. The sign, even at a 0 setback from the new College Avenue right-of-way line, will still be 23.5 from the street, which is only 1.75 closer to the street then the previous distance. Staff believes this small difference is nominal and inconsequential, especially since the proposed sign is smaller than the one for which the previous variance was granted. RECOMMENDATION: Staff recommends approval of Appeal #2763.

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9 Fort Collins Zoning Department 281 N. College Ave Fort Collins, CO RE: Variance Request to Sign Ordinance April 25 th, 2014 Dear Fort Collins Zoning Department, This proposal letter is to request the grant of a Variance to the sign ordinance at 1101 N. College Avenue in Fort Collins. The current regulations require the sign to sit back 10 from the property line. I request for the Variance to be reduced from 10 to 0 from the property line (back to the sidewalk). The sign has always been located in the proposed location. However, the property line was moved behind the sidewalk when the city acquired the additional right-of-way for street improvements. This change made the distance from the front of the building to the property line right at 10. There is no other place for our business to put a sign & the business will undergo hardship without a proper sign. Attached is a copy of the drawn sign, drawings of placement of sign, photos of the sign when it was previously in front of the building & surrounding property owner s contact information. Thank you for your consideration. -Ross Houk Owner Ft. Collins 4x4 Center 1101 N. College Ave Fort Collins, CO N. College Ave, Ft. Collins, CO

10 Surrounding Property Owners: Advanced Auto Parts, John Rush, 738 Skyway Dr. Boulder, CO Western Engine & Transmission, Dennis Ferkins, 1113 N. College Ave, Fort Collins, CO Colorado Motor Company, Mark Prall, 1108 N. College Ave, Fort Collins, CO N. College Ave, Ft. Collins, CO

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12 63.5 INCHES 102 INCHES 61 INCHES 17 INCHES 5.5 INCHES 83 INCHES 27 INCHES 61 INCHES 31 INCHES INCHES

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16 APPEAL N College Ave ARELLANO, LEO D 5842 HIGHLAND HILLS CIR FORT COLLINS, CO AUTOZONE INC PO BOX 2198, DEPT 8700 MEMPHIS, TN DEF ENTERPRISES LLC 309 N 42 ND AVE GREELEY, CO FRIESEN, STANLEY/GALE 8119 WHITE OWL CT WINDSOR, CO HORIZON SHEET METAL, INC 126 HEMLOCK ST JONES FAMILY REV TRUST 521 N TAFT HILL RD FORT COLLINS, CO LA WOODWORKS INC 4476 BENTS DR WINDSOR, CO NAGEL, ROBERT 1022 N MASON ST RUSH FAMILY LLC 738 SKYWAY DR BOULDER, CO SCREAMING EAGLE PROP 1108 N COLLEGE AVE

17 ZONING BOARD OF APPEALS STAFF REPORT Ali van Deutekom, Zoning Inspector PROJECT: Appeal # 2764 Address 209 Third St. Zoning Board of Appeals Variance June 12 th, 2014 ZBA Hearing APPLICANT: OWNER: ZONE DISTRICT: Doug Bennett Charles and Michelle Klamm 209 Third St. Fort Collins, CO RL PROJECT DESCRIPTION: Request for Variance to Section 4.4(D)(2)(b) - front setback The variance will reduce the required minimum front yard setback from 20 feet to 14 feet in order to allow the existing single family dwelling to be removed and a new single family dwelling constructed in its place. The existing house is at an approximate 14 foot setback from the front lot line. RECOMMENDATION: Denial. COMMENTS: 1. Background: 2. Applicant s statement of justification: See Petitioner s letter. 3. Staff Conclusion and Findings: Under Section (H), Staff recommends denial of the variance requests to reduce the front setback and finds that: Staff believes that the applicant s proposal does not satisfy any of the three criteria for which a variance can be granted. The applicant has offered the argument that there is an exceptional situation that is unique to the property and complying with the 20 front setback would result in a very shallow house in the front or require it to be moved to the back of the lot. However, staff finds that the lot is the same size as the other lots in the area, and the only thing unique about the property is that the existing house is much closer to the front lot line then are the other nearby homes. There is no hardship by requiring the house to be located 6 feet further to the west than what is proposed.

18 Zoning Variance Appeal #2764 June 12, 2014 Page 2 Zoning Board of Appeals Public Hearing The applicant also contends that the variance request deviates in only a nominal way as the request is only a couple of inches different from the setback of the current house. However, the standard to be met when applying the nominal/inconsequential option is that the request deviates from the required standard (in this case, 20 ) in a nominal way. Staff believes that in this instance, a deviation from 20 to 14 isn t nominal, RECOMMENDATION: Staff recommends denial of Appeal #2764.

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20 Charles & Michelle Klamm rd Street Fort Collins, CO Zoning Board of Appeals: Hello, we are asking for a variance to the 20 foot setback requirement in the land use code, for the property located at rd St. in the Buckingham neighborhood. We hope you may grant this variance finding that by reason of exceptional situation that is unique to our property, staying within the 20 foot setback would either force a very shallow house in the front, or require it moved to the back of the lot. The variance as asked for promotes the current standard of setback for the property, as the request is only a couple of inches different from the setback of the current house. That building, along with 20+ others within 500 feet of this property, all have various setbacks less than 20 feet. This old neighborhood sits pretty close to the road, which is quite nice in our opinion. We would like to have a comfortable house to grow old in, one where we can talk to or wave at neighbors or passers-by from our front stoop. Thank you for your consideration, Charles and Michelle Klamm.

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24 APPEAL rd St Lisa M Anaya nd St. Fort Collins, CO Jacob Castillo nd St. Fort Collins, CO Freeby35, LLC nd St. Fort Collins, CO Loyd Gomez nd St. Fort Collins, CO Jeffrey L. Maust rd St. Fort Collins, CO Zach & Sandy Shell rd St. Fort Collins, CO Joe Trujillo rd St. Fort Collins, CO Juan M Rivera rd St. Fort Collins, CO Villages, Ltd rd St. Fort Collins, CO 80524

25 ZONING BOARD OF APPEALS STAFF REPORT Ali van Deutekom, Zoning Inspector PROJECT: Appeal # 2765 Address 617 Cherry St. Zoning Board of Appeals Variance June 12 th, 2014 ZBA Hearing APPLICANT: OWNER: ZONE DISTRICT: Amie Lopez Amie Lopez 617 Cherry St. Fort Collins, CO NCM PROJECT DESCRIPTION: Request for Variance to Section 4.8(E)(3) - rear setback The variance would reduce the required minimum rear yard setback along the south lot line from 15 feet to 5 feet in order to allow for a new 20 x 20 one-story detached garage to be constructed. RECOMMENDATION: Denial. COMMENTS: 1. Background: When originally platted this lot was 160 deep and backed to an alley. After the 1907 replat of block 273 (Cotton Resub) the lot became 210 in depth making it deeper than the average lot in the West Side Addition neighborhood. 2. Applicant s statement of justification: See Petitioner s letter. 3. Staff Conclusion and Findings: Under Section (H), Staff recommends denial of the variance requests to reduce the rear setback and finds that: The applicant s proposal does not satisfy any of the three criteria for which a variance can be granted. The applicant has offered the argument that the proposed variance satisfies the equal to or better than standard as well as the nominal and inconsequential standard. However, staff believes that the standard could be met without the removal of any trees and the difference between 15 and 5 is a 67% reduction of the standard which is no longer nominal and inconsequential. Additionally, the applicant has indicated that the garage on the lot to the south is setback only 5 from the lot line in question. However, building department records and aerial photos indicate that the garage is setback between 10 and 15 from the shared lot line.

26 Zoning Variance Appeal #2765 June 12, 2014 Page 2 Zoning Board of Appeals Public Hearing RECOMMENDATION: Staff recommends denial of Appeal #2765.

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28 617 Cherry Street Request for Variance - Garage Homeowner, Amie Lopez, requests that a variance be approved to allow the proposed structure (a 2-car garage) to abut the south property line with a distance of 5 rather than 15. In support of this position, I rely on the following elements: (2) The proposal will promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested. The garage/driveway will occupy the entire diameter of this narrow lot, with the exception of the 5 buffer between the structure and the west property line. As such the 15 on the south side of the structure would become largely unusable space, accessible only by the narrow space behind the garage. Due south of the proposed structure is a neighboring full length garage, built within 5 feet of the property line. The result of this variance will conform with the structures in/around the proposed structure and will not create any additional burden, encroachment, or impeding presence. The structure will be built facing the alleyway and the garages of several other homeowners. The alley is fairly narrow and by placing the structure/driveway in the proposed space, it will be directly across from the structure/driveway of the home located at 317 Whitcomb. This practicality creates greater turning radius and access for both homeowners. Placing the structure 15 from the south property line would require the removal of landscaping and mature trees to the north and east of the structure; the proposed placement would not require this removal. (3) The proposal will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood. The structure will be built facing the alleyway and the garages of several other homeowners. The proposal maintains the standards of the Land Use Code by buffering the structure with at least 5 on every side to avoid imposing any nuisance on the other structures. The adjustment promotes the character and context of the neighborhood in that it creates alley parking for the residents and reduces street parking, will be built in conformity with the surrounding garage structures, can be built without the loss of any mature old town trees, and maximizes the efficient use of space in this narrow lot.

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30 617 Cherry Street Photos View of South border of lot adjacent garage of 618 Maple View of West border of lot across driveway from 317 Whitcomb, landscaping View North facing house mature trees

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33 DANIELSON ZACHARY JORDAN 630 CHERRY ST FORT COLLINS, CO KINSETH KRISTIN L 325 N WHITCOMB ST FORT COLLINS, CO SAWYER VIRGINIA L 405 N WHITCOMB ST FORT COLLINS, CO RIEUX SYLVIA MARIANNE TRUST 2405 TERRY LAKE RD WENDEL ROSEMARY/EDWARD B 3909 MARIAH LN FORT COLLINS, CO TIMMERMAN ANNE E 616 CHERRY ST FORT COLLINS, CO EVERETTE A LANCE 315 N WHITCOMB ST FORT COLLINS, CO POLK KATE 321 N WHITCOMB ST FORT COLLINS, CO MCLAUGHLIN THOMAS/DIANE F 316 N LOOMIS AVE FORT COLLINS, CO GAVALDON ANDRES V PO BOX FORT COLLINS, CO SCHMIDT THOMAS M/TAL GILAT 5568 N KENT AVE MILWAUKEE, WI TENNANT JEFFREY T 317 N WHITCOMB ST FORT COLLINS, CO TODD BECKY JO 620 MAPLE ST FORT COLLINS, CO LOPEZ AMIE ALICE 617 CHERRY ST FORT COLLINS, CO SPRECHER SIDNEY L/VIVIAN F 301 N WHITCOMB ST FORT COLLINS, CO NORTH WHITCOMB LLC 323 N WHITCOMB ST FORT COLLINS, CO GONZALES SALVADOR II 3355 GUNNISON DR FORT COLLINS, CO HAAR PROPERTIES LLC 328 N SHORE CIR WINDSOR, CO NIEDERER PAIGE 320 N LOOMIS AVE FORT COLLINS, CO SIDDIQUI YUSUF I 322 N LOOMIS AVE FORT COLLINS, CO CORIA DAVID 234 CHERRY ST FORT COLLINS, CO PERINA BEVERLY A 521 N TAFT HILL RD FORT COLLINS, CO MCLAUGHLIN THOMAS A/DIANE F 310 N SHERWOOD ST FORT COLLINS, CO TAYLOR RENE LYNN 619 CHERRY ST FORT COLLINS, CO WICK RANDAL C/JANELLE M 5426 PARADISE LN FORT COLLINS, CO BECCAR JUAN CARLOS/VICKIE 319 N WHITCOMB ST FORT COLLINS, CO FRANKLIN CHARLOTTE A 331 N WHITCOMB ST FORT COLLINS, CO VALADEZ LEANNA D 304 N LOOMIS AVE FORT COLLINS, CO WRIGHT NANCY H 626 CHERRY ST FORT COLLINS, CO BECK JOSHUA C 610 CHERRY ST FORT COLLINS, CO 80521

34 HOUSING AUTHORITY OF THE CITY OF 1715 W MOUNTAIN AVE FORT COLLINS, CO EPPERSON JAMES NATHAN 313 N WHITCOMB ST FORT COLLINS, CO 80521

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36 ZONING BOARD OF APPEALS STAFF REPORT PETER BARNES, ZONING ADMINISTRATOR PROJECT: Appeal # 2766 Address 331 Smith St. Zoning Board of Appeals Variance June 12, 2014 ZBA Hearing APPLICANT: OWNER: ZONE DISTRICT: Jeff Schneider Christopher and Aleta Weller 331 Smith St. Fort Collins, CO NCM PROJECT DESCRIPTION: Request for Variance to Sections 4.8(D)(3) and 4.8(E)(4) rear floor area ratio and side setback. The variance requested will increase the allowed floor area ratio in the rear 50% of the lot from.33 to.532 (an increase from sf. allowed to 1264 square feet proposed) and will reduce the required minimum street side setback along Magnolia Street from 15 feet to 13.5 feet. The variance is requested in order to allow a 669 sf. second floor addition (of which 310 sf. is in the rear 50% of this shallow lot). While a lot area to floor area ratio variance is being requested for the rear 50% of the lot, the required overall lot area to floor area ratio for the entire lot is being met. The new second floor will be setback 1 foot further from the street side lot line than the setback of the existing house. RECOMMENDATION: Approval. COMMENTS: 1. Background: The lot is a small and shallow lot, only 4750 square feet in size and only 95 feet in depth. Of the 16 lots abutting the street on this block, 11 of them are 190 feet in depth, which is the standard, platted lot depth for lots in this neighborhood. 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 increase the allowed floor area ratio in the rear half of the lot from.33 to.532 and to reduce the required minimum street side setback from 15 feet to 13.5 feet, and finds that: the granting of the variance for the addition would not be detrimental to the public good, and

37 Zoning Variance Appeal #2766 June 12, 2014 Page 2 Zoning Board of Appeals Public Hearing the hardship standard is satisfied for the rear floor area variance due to the small size of the lot, the location of the existing house, and the shallow 95 foot depth of the lot. the nominal/inconsequential standard is satisfied for the rear floor area variance since the overall lot area to floor area ratio is in compliance and the addition is designed with dormer walls on the sides that are small and only 16 feet in height above grade rather than full two-story walls that are allowed to be several feet higher. the nominal/inconsequential standard is satisfied for the street side setback reduction because the vertical wall of the second floor addition will be setback further than the existing, nonconforming setback and because the vertical wall of the second floor addition is only 4.5 feet high by 18 feet long. RECOMMENDATION: Staff recommends approval of Appeal #2766.

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39 City of Fort Collins Zoning Board of Appeals 281 North College Ave. Fort Collins, CO RE: Variance Request for 331 Smith Street, Fort Collins, CO To Whom It May Concern: I am requesting a variance to the City of Fort Collins Land Use Code for the proposed second floor addition to my client s home located at 331 Smith Street. This variance request is to Section 4.8(D)(3) & Section 4.8(E)(4), to allow 1, square feet to be built on the rear half of the property instead of the square feet and would take it from 33% to 62% allowable along with reducing the minimum street setback along Magnolia Street from 15 feet to 13.5 feet. My clients would like to add a second floor addition to accommodate three new bedrooms for a growing family. The Wellers have owned the property since June of 2002 and would like to continue to live and raise a family in the Old Town area. The existing two-bedroom home was built in 1951 on a split lot, and currently is a legal nonconforming property in regards to setback along with the rear half allowable square footage (see attached property description). Because of the existing constraints of the property s setbacks, my clients decided to propose a second floor addition as not to extend the existing home s footprint which would not be allowed under the current codes. This proposed addition allows for investment and revitalization of a current home in a neighborhood along where others currently are under construction. The strict interpretation of this code requirement would result in exceptional practical difficulties to my client due to the fact that the existing lot is shallow and is on a corner. Since the existing home already is square feet over the allowable rear 50% adding onto the home would only be allowed vertically. Adding onto the front 50% of the lot, to comply with the current code, would mean that the only second floor addition would have to be over the existing kitchen or dining room area (see attached plans). Adding a stair case in these areas would make the project unfeasible and disrupt the existing home s floor plan and render the main floor area unusable. PO Box 330 LaPorte, CO Office (970) Fax (970)

40 My clients and I believe that the request for the increase of rear half square footage (to allow a second story addition from square feet to square feet) would promote the general purpose of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for the following reasons: 1- The mass and scale of the proposed second floor addition complies with the overall Floor Area Ratio for the whole lot size along with meeting the current solar shading standards for height and side lot line setbacks. 2- The proposed second floor addition replicates other homes on the same block face to conform to local and block design standards. 3- Based on my clients lot size and zoning district, the existing home in order to comply with current allowable rear half square footage standards makes the property un-expandable which does not comply with City Plan for in-fill and renewal of existing properties (section Purpose (B)(C)(F)(I)(J)(K)(M)(O). My clients and I believe that the request for the reducing the minimum street side setback from 15 feet to 13.5 feet would not diverge from the standards in the Land Use Code except in a nominal, inconsequential way when considered in the context of the neighborhood for the following reasons: 1. The existing home is already into the setback by 3.5 feet and the new second floor design setbacks additional 1 foot so not extend beyond the existing homes footprint. 2. Under current code the existing home setback is measured from the back side of the sidewalk and would comply at 17 feet instead of the property line at 12.5 feet. 3. Under current code the existing home would comply with the setback standards when measured from the flow line of the curb and gutter at 33 feet if this property was built in a new neighborhood. Finally, it is our belief that the proposed second floor addition will not diverge from the standards of the Land Use Code except in a nominal or inconsequential way within the context of the neighborhood when you look at other properties on the block face. PO Box 330 LaPorte, CO Office (970) Fax (970)

41 My clients and I appreciate your time and consideration with our variance request and will be happy to answer any questions you may have with our project. Sincerely, Jeffrey J. Schneider President Armstead Construction, Inc. PO Box 330 LaPorte, CO Office (970) Fax (970)

42 Re: Zoning Board of Appeals Request 331 Smith Street Fort Collins, CO Property Details & Information: Property Address: 331 Smith Street, Fort Collins, CO Property Owners: Aleta & Christopher Weller Property Owners Phone Number: Parcel Number: Legal Description: E ½ of S ½ of Lot 1, BLK 163, FTC Zone District: NCM- Neighborhood Conservation Medium Density Lot Size: 4, sq ft Floor Area Ratio: ,000 sq ft Allowable Total Floor Area: 2, sq ft Existing Total Floor Area: Existing First Floor- 1,122 sq ft Existing Detached Garage- 360 sq ft Proposed Second Floor Addition- 699 sq ft Total Floor Area Proposed- 2, sq ft Allowable Floor Area on Rear Half 50% of Lot: 4,750 sq ft / 2 x.33= sq ft allowed Proposed Floor Area on Rear 50% of Lot: Existing Main Floor sq ft Proposed Second Floor sq ft Existing Garage sq ft Proposed Total: 1, sq ft Existing Total: sq ft ( sq ft over allowable) PO Box 330 LaPorte, CO Office (970) Fax (970)

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47 NAGEL EDNA JUNE/KENNETH E 323 WHEDBEE ST SAULNIER JAMES 506 E MULBERRY ST 3144 SPRISTER DANE A 404 WHEDBEE ST BERNASEK ALEXANDRA 310 WHEDBEE ST HOUSING AUTHORITY OF THE 1715 W MOUNTAIN AVE FORT COLLINS, CO VANDERMEER STEVEN P 1712 WESTVIEW RD MUELLER MARILYNN ANN 3857 VALLEJO ST DENVER, CO RAY BERNICE M 412 S HOWES ST STE B FORT COLLINS, CO TVEDE PATRICIA K/RALPH M JR 401 SMITH ST DOWNS TRACI 326 SMITH ST 2940 BECKETT JOHN C/CHERYL A 1813 ELIM CT REHNER DIANE LEE 308 SMITH ST STERR KIMBRA L/CHADWICK J 300 SMITH ST MILAN RANDOLPH S 1402 CATALPA CT FORT COLLINS, CO KRAMER THORSTEN 409 STOVER ST WAHL TAMELA J 311 WHEDBEE ST DUKE ESTHER A 512 E MAGNOLIA ST SONOPRO POWER AND LIGHT LLC 4605 E COUNTY ROAD 58 JONES WALDO R 417 SMITH ST MITCHELL LINDA R PO BOX 206 PINE, CO BLEHM RONALD E/MARJORIE 6835 W COUNTY ROAD 78 WINDSOR, CO DOERFLER MICHAEL W 2926 BRUMBAUGH DR FORT COLLINS, CO JOHNSON NANCY S 425 E MAGNOLIA ST DENNIS BRYAN J 315 WHEDBEE ST 2935 MCFANN TIMOTHY MARK 400 WHEDBEE ST GRACE CHURCH PRESBYTERIAN 749 S LEMAY AVE UNIT A-3 MCFANN TIMOTHY M 400 WHEDBEE ST NEUROTH BRUCE A 317 SMITH ST GAEBLER CHRISTINE/FRANCIS X 2717 ALEXANDER CT FORT COLLINS, CO LYLE PEGGY/MCCULLOUGH CHRIS 320 SMITH ST

48 BIGGE GERTRUDE F PO BOX 533 LAPORTE, CO CHRISTEN THOMAS E/JEAN M 2819 DIXON CREEK LN FORT COLLINS, CO MAILOLO-HEATH MEGAN 405 STOVER ST MACK EQUITIES LLC 420 E LAUREL ST CARTER JAMES 1408 PURPLE SAGE CT FORT COLLINS, CO TROY PETER J/MICAH ARCHANA 510 E MULBERRY ST SOLTANPOUR NANCY A 5 LINDSLEY DR LARCHMONT, NY RIEUX JACQUES 2422 OBENCHAIN RD LAPORTE, CO WELCH JAMES H 318-1/2 WHEDBEE ST LINSCOTT DAVID C 4901 ALEXANDER DR OXNARD, CA WEST RALPH EUGENE 303 SMITH ST MALERS KATHRYN JILL/STEVEN A/I SAAK A 518 PETERSON ST PETROSKI KENNETH M 417 LILAC LN GIEGEL NEIL/JOY D 318 SMITH ST JENKINS DAVID F 312 SMITH ST UNIT COCA JOSEPH A 429 E MAGNOLIA ST WELCH JAMES H 318 WHEDBEE ST SHAMBO TRACI 508 E MAGNOLIA ST CHALONA COMMUNITY INVESTMENTS L LC 1612 TANGLEWOOD DR FORT COLLINS, CO BRAISTED KODY R 509 E OLIVE ST SCHMIDT RICHARD W 1201 ELLIS ST SNYDER JAY S/VARNER SALLIE J 1932 SHEELY DR FORT COLLINS, CO WEHR PAUL HENRY/BEVERLY J 330 SMITH ST 2940 LUND CHRISTA/DAVID PO BOX 2165 FORT COLLINS, CO LOPEZ PEDRO A 412 LILAC LN HERRON BARBARA 408 LILAC LN KEECH MELANIE 445 E 32ND ST LOVELAND, CO JENNINGS TROY 3621 RICHMOND DR FORT COLLINS, CO FLORES LEONOR 1021 CASTLE ROCK DR FORT COLLINS, CO APONTE MIKE/REBECCA 331 WHEDBEE ST -2935

49 WHITNEY JAMES E 319 WHEDBEE ST HILL GORDON JOHN OR 305 WHEDBEE ST LANGWORTHY TIMOTHY H/MARY D 940 LOS PUEBLOS ST LOS ALAMOS, NM HENNING CHRIS 414 WHEDBEE ST DAIGLE ROGER 322 WHEDBEE ST SCHNECK TAMI L 825 WHEDBEE ST MCCARTHY LINDSAY S/DAVID P 405 SMITH ST PRAXIS PROPERTIES LLC 5004 WEST BAY DR FORT COLLINS, CO DOMINGUEZ SUSANNA E 517 W MULBERRY ST CEBULA TRAVIS ANTHONY W 31ST AVE GOLDEN, CO KAPLAN DAVID A 413 LILAC LN EDEL GEORGE D/LILLIAN PO BOX 561 WALDEN, CO VOGELRE LLC PO BOX 2165 FORT COLLINS, CO KOSAKOWSKI KATHERINE T 418 WHEDBEE ST ROSE ANDREA C 314 WHEDBEE ST VICTOR TANYA L 524 E MAGNOLIA ST KOONTZ AND CO 307 SMITH ST HULTIN STEVEN R/JILL O 2807 MCKEAG DR FORT COLLINS, CO SHAMBO TRACI 326 SMITH ST WALDRON CARRIE 616 E MAGNOLIA ST 2912 VASQUEZ MARIA D 6874 MCCLELLAN RD WELLINGTON, CO BRECKENRIDGE ROBERT 9552 W HIGHWAY 14 BELLVUE, CO HOUSING AUTHORITY OF THE CITY OF 1715 W MOUNTAIN AVE FORT COLLINS, CO FOX MARY A REVOCABLE TRUST PO BOX 7086 KAMUELA, HI WELLER CHRISTOPHER T/ALETA RUDEE N 331 SMITH ST HILDRETH GLEN A 315 SMITH ST SMITH CASEY W/KELLY A 311 SMITH ST MEYER TAYLOR D 412 SMITH ST FRIEDMAN GREGORY B PO BOX PARK CITY, UT LEBSACK VERNON 1033 HILLCREST DR FORT COLLINS, CO

50 RAY TAYLOR H 1216 FOREST HILLS LN 2291 GARDENHIRE DAVID GUNER 401 STOVER ST 0000

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