ZONING BOARD OF APPEALS AGENDA

Heidi Shuff, Vice Chair Daphne Bear Bob Long John McCoy Ralph Shields 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 OCTOBER 13, 2016

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 ZBA160028 Address: 3400 S. College Avenue Petitioner: Precision Sign Company Owner: Walton Foothills Holdings VI, LLC Zoning District: C-G (General Commercial District) Code Section: 3.8.7(D)(5) and 3.8.7(K)(2) Project Description The variance request is to allow 100% of the awnings to be used for signage. The maximum signage allowed on an awning is 35%. Additionally, the proposed awning signs would exceed the allowed square footage of signage by 5.3 square feet. The maximum allowance of sign square footage is 240 square feet.

2. APPEAL ZBA160029 Address: 4965 Hogan Drive Petitioner: Clifford Hart, Homes From the Hart Owners: Sean and Laurie Morris Zoning District: U-E Code Section: 4.2(D)(2)(d) Project Description The applicant is proposing to construct two additions to the home; one on each end of the house. These additions are requested to be constructed 5 feet into the required 20 foot side setbacks on the property.

ZONING BOARD OF APPEALS AGENDA

Zoning Board of Appeals October 13, 2016

3. APPEAL ZBA160030 Address: 330 High Pointe Drive Petitioners/Owners: Christopher and Gayle Close Zoning District: R-L Code Section: 4.4(D)(2)(c) Project Description The variance request is to allow an attached deck to encroach 5 feet into the 15 foot rear-yard setback.

4. APPEAL ZBA160031 Address: 119 Lyons Street Petitioners/Owners: Gerry and Vicki Paul Zoning District: N-C-L Code Section: 4.7(D)(3) and 4.7(D)(6) Project Description The request is to increase the size of an accessory structure an additional 420 square feet. The addition would bring the accessory garage structure to a total of 800 square feet. The maximum size of an accessory structure is 600 square feet; the variance would allow an additional 200 square feet. Further, the request would exceed the maximum floor area allowed in the rear half of the lot by 445 square feet.

5. APPEAL ZBA160032 Address: 2261 E. Drake Road Petitioner: DaVinci Sign Systems, Contractor Owner: Blue Federal Credit Union Zoning District: N-C (Neighborhood Commercial District) Code Section: 3.8.7(E)(8) Project Description The variance request is to allow a 36 inch tall “Individual Letter Sign” in the residential sign district. The maximum height allowed is 24 inches.

• OTHER BUSINESS

• ADJOURNMENT

Agenda Item 1

Item # 1 - Page 1

STAFF REPORT October 13, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160028 PROJECT DESCRIPTION Address: 3400 S College Ave Petitioner: William Stupansky, Precision Sign Co. Owners: Walton Foothills Holdings VI, LLC Zoning District: C-G (General Commercial District) Code Section: 3.8.7(D)(5), 3.8.7(K)(2) Variance Request: The variance request is to allow 100% of the awnings to be used for signage. The maximum signage allowed on an awning is 35%. Additionally, the proposed awning signs would exceed the allowed square footage of signage by 5.3 square feet. The maximum allowance of sign square footage is 240 square feet. STAFF COMMENTS: 1. Background:

The Foothills Mall Redevelopment was approved in 2014. This site approximately encompassed over 74 acres of land, 25 buildings and a mix of uses. The sign allowance for each building in this development was approved with the development plan.

The sign allowance was based on the length of a single building wall that faces the street. In this case, the sign allowance granted to 3400 S College Ave is 240 square feet. The entire building is occupied by one retailer.

Sear’s has in place 2 illuminated signs on the building that use 66.65 sf each or 133.3sf total. The awnings on west side of the building that face the public street (S College Ave) are 27square feet each. There are a total of 4 awnings on the west side of the building. Using 100% of the awning for signage would be 112 square feet of signage.

Additionally, the Foothills Mall Redevelopment has approved architecture which includes certain materials and colors. An approved awning is allowed to have signage placed on it, but the code limits the signage to 35% of the awning.

2. Applicant’s statement of justification: See petitioner’s letter

3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends denial of the variance requests and finds:

• There is insufficient evidence to approve the request.

• The building is occupied by one tenant and a 100% of the sign allowance can be used by Sears.

4. Recommendation: Staff recommends denial of APPEAL ZBA160028.

Agenda Item 2

Item # 2 - Page 1

STAFF REPORT October 13, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160029 PROJECT DESCRIPTION Address: 4965 Hogan Drive Petitioner: Clifford Hart, Homes From the Heart Owners: Sean & Laurie Morris Zoning District: U-E Code Section: 4.2(D)(2)(d) Variance Request: The applicant is proposing to construct two additions to the home; one on each end of the house. These additions are requested to be constructed 5 feet into the required 20 foot side setbacks on the property. STAFF COMMENTS: 1. Background: The property is part of the southwest enclave annexation phase two. The subdivision was approved in the

county and the original building was built in approximately in 1970. This subdivision was then annexed into the City in 2007.

Upon annexation into the City the property was zoned Urban Estate U-E. This was based upon the lot sizes of the existing subdivision. The U-E requires a minimum of .5 acre lot.

Based on the larger lot size the U-E zone district requires a 20ft side-yard setback. However, at the time the subdivision was approved and many of the original building were constructed the county’s required side-yard setback was less than 20ft.


3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval to allow the encroachment of the 5 feet into the north and south required 20 foot side-yard setback and finds:

• The variance request will not be detrimental to the public good.

• The north addition aligns with the setback of the existing building

• The south addition will be setback approximately the same distance as the building on the abutting lot.

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.

4. Recommendation: Staff recommends approval of APPEAL ZBA160029.

The Zoning Board of Appeals City of Ft. Collins Zoning Department City of Ft. Collins, RE: Morris Residence 4965 Hogan Drive Ft. Collins, CO We are seeking a variance to the Land Use Code (UE) currently on this property, in regards to the side yard setbacks. The residence at 4965 Hogan Drive was built in the late 70’s and was build to the county setbacks and regulation at that time. The setbacks at that time we for 15’-0” side yards. We are proposing two additions to the residence, one on each end of the house. We are requesting a variance for both of these additions to the 15’-0” side yard setbacks. The Garage and covered porch on the North end of the residence is currently built at the 15’-0” side yard setback. We are proposing a 4’-0” addition to the back of this section of the residence. The currently required setback presents a hardship to the owners in the light of the fact that the existing setback is 15’-0”, and it would not be desirable to have an offset of 5’-0” in the additional area, for the purpose the owners want this additional room. The addition to the south also is proposed with a 16’-0 25/32” setback. This would have been permitted under the regulations at the time the house was built. The house at 4985 Hogan Drive to the south of this property has a setback of 16’-0” from the property line. Many of the homes in this neighborhood are built with the 5’-0” setbacks on the side yards, which was consistent with the requirements at the time of construction. We feel that the proposed additions to 4965 Hogan Drive will not diverge from the Land Use Code except in nominal, inconsequential way. We have been in contact with the Neighbors and they have indicated that they do not have a problem with our proposal. We respectfully request that you grant the proposed additions to 4965 Hogan Drive, based on the existing conditions, and the nominal, inconsequential way that they will not diverge from the Land Use Code that was put into place many years after the home was built. Respectfully, Clifford H. Hart Contractor (970-217-2933)

Agenda Item 3

Item # 3 - Page 1

STAFF REPORT October 13, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160030 PROJECT DESCRIPTION Address: 330 High Pointe Drive Petitioner/Owners: Chris & Gayle Close Zoning District: R-L Code Section: 4.2(D)(2)(d) Variance Request: The variance request is to allow an attached deck to encroach 5 feet into the 15 feet rear-yard setback.

STAFF COMMENTS: 1. Background:

The property is in the Low Density Residential Zone District (R-L). The rear yard setback for structures in the R-L is 15 feet. A structure is required to meet setbacks standards when it requires a building permit. A building permit is required for a deck that is attached to the primary structure.


3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval a deck to encroach 5 feet into the required 15 foot rear-yard setback and finds:


• The deck is not covered.

• The height of the deck is less than 30 inches in height.

• The entire deck is not visible from abutting properties due to a 6 foot privacy fence.



Agenda Item 4

Item # 4 - Page 1

STAFF REPORT October 13, 2016 STAFF Noah Beals, Senior City Planner/Zoning

PROJECT APPEAL ZBA160031

PROJECT DESCRIPTION Address: 119 Lyons St Petitioner/Owners: Gerry & Vicki Paul Zoning District: N-C-L Code Section: 4.2(D)(2)(d) Variance Request: The request is to increase the size of an accessory structure an additional 420 square feet. The addition would bring the accessory garage structure to a total of 800 square feet. The maximum size of an accessory structure is 600 square feet; the variance would allow an additional 200 square feet. Further the request would exceed the maximum floor area allowed in the rear half of the lot by 445 square feet. STAFF COMMENTS: 1. Background:

This property is a part of the Van Slyke-Setzer plat. Since the original plat, the property boundaries (50’x140’) have remained unchanged through present day. The property was annexed into the City in 1907.

The original building was built in 1908. It is unclear how many changes have occurred since the initial construction.

In the N-C-L zone district accessory buildings are restricted to a 600 square feet footprint. One of the purposes in restricting accessory building sizes is to not to create large looming buildings that are to be subordinate to the primary structure.

Additionally, N-C-L restricts the Floor Area in the Rear half of the lot. This property is allowed 875 square feet of allowable floor area. The existing garage and portion of the primary structure already exceed this by 25 square feet.

The overall allowable floor area for the lot is 2,650 square feet. The existing structures currently total 1,936 square feet of floor area. The proposed addition would bring the total floor area to 2,365 square feet of floor area, which is 285 square feet less than the overall allowable 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 approval for a garage addition to exceed the 600 square feet maximum size of an accessory building by 200 square feet and to exceed the allowable floor area in the rear half of the lot by 475 square feet. In doing so staff finds:

• The variance request will not be detrimental to the public good. • The increase in square footage does not exceed the overall allowable floor area for the lot. • The property abuts two alleys. • The wall length, that faces the abutting residential property, is a typical length for an accessory

building that meets the 600 square feet foot print. 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.


Agenda Item 5

Item # 5 - Page 1

STAFF REPORT October 13, 2016 STAFF Noah Beals, Senior City Planner/Zoning PROJECT APPEAL ZBA160032 PROJECT DESCRIPTION Address: 2261 E Drake Road Petitioner: DaVinci Sign Systems, Inc., Sabrina Steele Owner: Blue Federal Credit Union Zoning District: N-C Code Section: 3.8.7(E)(8) Variance Request: The variance request is to allow a 36 inch tall Individual Letter Sign in the residential sign district. The maximum height allowed is 24 inches.

STAFF COMMENTS: 1. Background:

The development plan for the property was approved in June 2016 and building permits were issued shortly thereafter.

The property is located within the Residential Sign District, sub-type Neighborhood Service Center. This district restricts the letter heights to 24 inches.


3. Staff Conclusion and Findings: Under Section 2.10.2(H), Staff recommends approval to allow the letter height of two letters to extend to 36 inches and finds:


• The increase in height is not for the entire message of the sign.

• The increase in height does not exceed the sign allowance for the property.



ZONING BOARD OF APPEALS AGENDA

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