ZONING BOARD OF APPEALS AGENDA Heidi Shuff, Chair Daphne Bear, Vice Chair Bob Long Ralph Shields Cody Snowdon Butch Stockover Karen Szelei-Jackson 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. REGULAR MEETING JANUARY 12, 2017 8:30 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 ZBA160038 Address: 113 S. Whitcomb Street Petitioner/Owners: Catherine & Dylan Rogers Zoning District: N-C-M Code Section: 4.8(D)(2) Project Description After the December meeting, the applicant has refined the variance by reducing the additional floor area being requested. Currently, the variance request is to increase the allowable floor area for the lot an additional 285 square feet; the maximum floor area is 2,500 square feet. This request also increases allowable floor area in the rear half of the lot to 1,887 square feet; the maximum allowed is 990 square feet. The existing floor area in the rear half of the lot is 1,695 square feet. 2. APPEAL ZBA160041 Address: 263 Osiander Street Petitioner/Owner: Daron Hays Zoning District: C-C-N (Community Commercial North College District) 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.
Zoning Board of Appeals Page 2 January 12, 2017 This request was formerly known, and was approved, as Appeal 2791 and Appeal ZBA140035. Additionally, the request includes the encroachment of the second floor to cantilever 3 feet into the required 8 foot rear-yard setback. 3. APPEAL ZBA160042 Address: 1121 Akin Avenue Petitioner/Owner: Travis Schmidt Zoning District: N-C-L Code Section: 4.7(D)(2)(a)2. and 4.7(D)(3) Project Description The variance request is to allow an increase of 506 square feet of allowable floor area to the lot; the maximum allowed is 2,450 square feet. The existing structure is 48 square feet over the allowable maximum floor area. Additionally, the allowable rear floor area would increase 38 square feet; the allowable floor area in the rear half of the lot is 750 square feet. OTHER BUSINESS ADJOURNMENT
Agenda Item 1 STAFF REPORT January 12, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160038 PROJECT DESCRIPTION Address: 113 S. Whitcomb St. Petitioner/Owners: Catherine & Dylan Rogers Zoning District: N-C-M Code Section: 4.4(D)(2) Variance Request: After the December meeting, the applicant has refined the variance by reducing the additional floor area being requested. Currently, the variance request is to increase the allowable floor area for the lot an additional 285 sf; the maximum floor area is 2,500 sf. This request also increases allowable floor area in the rear half of the lot to 1,887 sf; the maximum allowed is 990 sf. The existing floor area in the rear half of the lot is 1,695 sf. STAFF COMMENTS: 1. Background: The property was platted around 1887. The original lots extended from the mid-block alley to Mountain Ave. Throughout time, two of these lots were divided into three different parcels. The square feet of the two lots were not evenly divided into the three parcels. Two out of three parcels were oriented to front onto Whitcomb Street. The original house on the property was built approximately in 1910, alterations to the house have occurred since then. A garage exists approximately where the addition will be located. 2. Applicant s statement of justification: See petitioner s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval of the variance request to increase the allowable floor area on the rear half of the lot and for the overall lot and finds: The variance request is not detrimental to the public good. The proposed attached garage does not exceed the north setback of the existing garage and the proposed setback along the north property is 18.75. The proposed attached garage is setback further along the west property line than the existing garage, in compliance with the setback standard. The proposed attached garage is single story in height reducing a looming effect on adjoining properties. The square shape of the lot is not typical and makes it difficult to meet the rear floor area requirements. Therefore, 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 contained in Section 1.2.2 and the square shape of the lot is an exceptional physical condition. 4. Recommendation: Staff recommends approval of APPEAL # ZBA160038. Item # 1 - Page 1
Written Statement: January 5, 2017 RE: 113 S. Whitcomb St. Fort Collins, CO 80521 Addition Revised Variance Request has changed, now 243 total SQFT including the increase in the garage Revised from the original request of adding 732 total SQFT, now reduced to 243 single level (215 on the main floor mudroom to attach garage & 28 square feet in the garage.) Moved up the garage 1 8 so that it clears the 15 setup back line in the rear. The past variance for the rear setback is no longer needed. Dear Members of the Zoning Board of Appeal, We are writing to seek a variance from the total floor area ratio & rear floor area ratio for our single family home at 113 S. Whitcomb St. Fort Collins CO 80521. Our lot falls in the NCM zoning area and that for lots between 6,000 and 10,000 sqft. (and mine is 6,000) see attached our current home is 2,212 finished and with the garage it s at 2,542 (existing floor area.) We are requesting to increase or add to our finished square footage on the main floor by 215 and 28 additional square feet in the garage so we can still park in the garage and not be on the 15 setback line. For a total of 243 total square feet (revised from the last variance request of 732 square feet) and from the previous request have removed the top level of approximately 480 finished square feet, and also removed the need for a back or rear variance of the 1 8 by moving up the garage area forward. The new design will attached the garage area to the home and has been modified from the original main floor plan submitted in the last variance in December: 1) utilizing a window instead of second front door 2) has been moved up from the rear setback line instead of behind it and 3) removing the entire top floor 480 square feet and slightly reducing the mudroom from 224 to 215 to compensate for needing to move forward the addition from the rear setback line, and still considerably staying behind the front of the home. Nominal, Inconsequential Way See attached spreadsheet of all the homes in our neighborhood within blocks of the subject i.e. across the street, down the street, etc. that have exceeded FAR both NCM and NCL 15 total properties: 329 S. Sherwood, 120 S. Sherwood, 110 N. Sherwood, 428 S. Loomis, 316 Wood, 425 Wood, 418 Wood, 313 Wood, 430 W. Mountain, 508 W. Mountain, 419 W. Mountain 529 W. Mountain in the NCM and 700 W. Mountain, 726 W Mountain and 1130 W. Oak. With an average SQFT of 645 SQFT that exceeded the FAR. Attached photos of each for curb look and feel/contextual, both of the revised addition in the 3D Modeling and the other homes in the neighborhood. Larger New Construction across the street: 122 S. Whitcomb St. and 529 W. Mountain (exceeds FAR) Hardship Currently we have very little useable backyard space, our lot is very shallow, as our home was built toward the back of our lot with small cellar, and would allow the
property to be more functional, more desirable/and functional for a family and for future potential owners, verses the comprises it yields now. These plans have been drafted by John Dengler, locally here in our city and were fully approved by the Landmark Preservation Council, a significant component of this approval was noted in reference to the physical condition or circumstance on the lot shape that our current home was constructed. Roughly 13 between the back side of the house and the fence and less with our older shed. See attached. With the context to the rest of the neighborhood the lot is a challenging shape verses having any depth to it- other lots in the neighborhood are more long and rectangular. The original structure has a considerable front and side yard, with barely any rear yard. Boarding an alleyway on the south side of the property, this limits any growth on the south portion. Where the current front property pins are located they are actually -inset from sidewalk (see survey) as the subject home was originally built toward the back of the lot. As the property pins do not go to the sidewalk, the lot visually appears to be one size, but the actually FAR is calculated less, as it s from the front pins, that are not the true corners of where the lot meets the sidewalk. The lot would be larger if they were to the sidewalk so the current FAR is not being calculated not from the visual lot but from pins. We have already alleviated any storm water concerns with that department as well. The referenced addition will utilize all of the same finished siding materials as the existing home. The older/current garage footprint will be basically kept the same with the exception of it extending out the garage to the east by a total of 28sqft. but still behind from the existing home and front porch. Reducing the effect of a garage at the front of the home, **and allowing the existing large Blue Spruce tree to remain**. The new garage remains at the same setback from the neighbors on the right or north side as the existing garage. Equally Well or Better Than The new addition would enhance curb appeal, and help strengthen property values throughout the community and would permit us to construct an addition onto the garage consistent in size and character with the other homes in around our property. The new improvement would allow the current floor plan to be much more functional to a growing family s needs attaching the garage, creating a laundry area & area for storage. We have 12 letters signed by neighbors all around in front, behind, to the sides and across the street and all along our block- stating clear support of what we are doing with the addition, square footage and the variance request on the FAR. They appreciate this for their OWN property values. We hope that you would agree that our request would produce an aesthetically proper addition if not enhancement to our neighborhood. Should you have any questions, please do not hesitate to contact us at (970-988-1030). Thank you for your thoughtful consideration of this request. Respectfully yours, Catherine and Dylan Rogers
Agenda Item 2 STAFF REPORT January 12, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160041 PROJECT DESCRIPTION Address: 263 Osiander St. Petitioner/Owners: Daron Hays Zoning District: C-C-N (Community Commercial North College District) Code Section: 3.5.2(E)(3) Variance Request: The variance request is 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. This request was formerly known, and was approved, as Appeal 2791/ZBA140035. Additionally, the request includes the encroachment of the second floor to cantilever 3 feet into the required 8 foot rear-yard setback. 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 had overlapped an 8 foot utility and access easement. Since the previous variance request the Utility easement has been vacated. Additionally, a variance was granted on November 13, 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 2.10.2(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: 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 abuts 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 1.2.2. Further, staff recommends denial of the encroachment of the cantilevered 2 nd floor 3ft into the required 8ft rear-yard setback finding: The variance request does not demonstrate how it will diverge from the standard in a nominal and inconsequential way when considered in the context of the neighborhood. Item # 2 - Page 1
A unique hardship to the property has not been identified. Agenda Item 2 The proposal does not support the standards in way equally well or better than a proposal that complies with the standards. 4. Recommendation: Staff recommends approval of Appeal #ZBA160041 only for the previously approved encroachment. Item # 2 - Page 2
Agenda Item 3 STAFF REPORT January 12, 2017 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160042 PROJECT DESCRIPTION Address: 1121 Akin Ave. Petitioner/Owners: Travis Schmidt Zoning District: N-C-L Code Section: 4.7(D)(2)(a)2. and 4.7(D)(3) Variance Request: The variance request is to allow an increase of 506 sf of allowable floor area to the lot; the maximum allowed is 2,450 sf. The existing structure is 48 sf over the allowable maximum floor area. Additionally, the allowable rear floor area would increase 38 sf; the maximum allowable floor area in the rear half of the lot is 750 sf. STAFF COMMENTS: 1. Background: In 2011 the applicants pursued a 2,000 sf foot addition to the existing house. This addition used the total allowable floor area for the lot. Parking pads are allowed in the rear-yard and are not required to meet a setback. The requested 506 sf is 20% increase of the allowed 2,450sf of floor area. 2. Applicant s statement of justification: See petitioner s letter 3. Staff Conclusion and Findings: Under Section 2.10.2(H), staff recommends denying the variance request and finds: These variance requests will diverge from the standards in consequential way when considered in the context of the neighborhood. A unique hardship to the property has not been identified. The proposal does not support the standards in way equally well or better than a proposal that complies with the standards 4. Recommendation: Staff recommends denial of APPEAL # ZBA160042. Item # 3 - Page 1