HomeMy WebLinkAbout1101 W. OAK ST., ACCESSORY BUILDING W/HABITABLE SPACE - PDP - 22-09 - DECISION - CORRESPONDENCE-HEARINGProject:
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Emma McArdle - 1101 W Oak Street
From: Diana Hammerdorfer <dchammerl 1@gmail.com>
To: <emcardle@fcgov.com>
Date: 10/14/2009 2:49 PM
Subject: 1101 W Oak Street
I am opposed to the development proposal for 1101 W Oak because I think this will eventually turn into
more rental property which out neighborhood doesn't need. I am also opposed to adding more structures
to lots because it acts as a bigger heat -sink and allows less water percolation and changes the whole Old
Town atmosphere. If there is a way to insure that it doesn't ever become rental property then I would be
open to considering the project. Thanks for allowing me to voice my opinion.
file://C:\Documents and Settings\emcardle\Local Settings\Temp\XPgrpwise\4AD5E4F9F... 10/14/2009
1101 West Oak Street -- Accessory Building with Habitable Spas,, PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 8 of 8
2. The Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
3. The Project Development Plan complies with all applicable Land Use and
Development Standards contained in Article 4, Division 4.7 of the Land
Use Code, with the exception of:
• Section 4.7(D)(3) Accessory Buildings with Habitable Space (or
Potential Future Habitable Space) This standard requires that
the maximum size be 600 square feet whereas the applicant is
requesting 650 square feet.
4. A Modification of Standard is requested for Section 4.7(D)(3) for an
additional 50 square feet. The Modification has been evaluated and found
not to diverge from the standard except in a nominal and inconsequential
way when considered from the perspective of the entire development plan,
and will continue to advance the purposes of the Land Use Code as
contained in Section 1.2.2. This is primarily because the addition of 50
additional square feet will not be perceptible from the property lines.
5. The proposal is in conformance with the City's adopted West Side
Neighborhood Plan.
6. The new garage, with water and sewer services, while representing a new
condition in the neighborhood is found to be designed in a complementary
manner with the neighborhood. The request, therefore, is found to be
compatible when considered within the context of the surrounding area.
DECISION
1101 West Oak Street -- Accessory Building with Habitable Space, Project
Development Plan (PDP), #22-09, and the Request for Modification to Section
4.7(D)(3) to allow an additional 50 square feet, are hereby approved by the
Hearing Officer without condition.
Dated this 22nd day of October, 2009, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
'V I J/. -, � A
T d Sh pard
Chief Planner
1101 West Oak Street -- Accessory Building with Habitable Spaces, PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 7 of 8
4. West Side Neighborhood Plan
The property at 1101 West Oak Street is identified in the West Side
Neighborhood Plan as an area to retain or convert to single family
residential. This property will continue to serve as a single family
residence. The accessory building with habitable space will be used as a
garage and workshop. This proposal complies with the land use vision for
the Single Family Area in that, while it is new construction, it is intended as
an accessory use to serve the existing single-family residence. The
character and architectural style will mimic the existing historic "barns," or
accessory structures, along the alleys in this neighborhood. The
accessory building with habitable space will not be a dwelling unit, and
accessory uses are stated as suitable land uses in this area.
5. Testimony at the Public Hearing
At the hearing, public testimony was provided by one citizen who had
questions about the height and amount of square footage upstairs.
Further, this citizen expressed a concern that the upstairs does not
convert to a dwelling unit in violation of the LUC. Finally, this citizen
expressed a concern that the City of Fort Collins enforces the carriage
house ordinance in a consistent manner.
In response, the applicant indicated that the height of the structure would
be 22 feet and 10 inches and that the square footage upstairs would not
be counted as floor space because the ceiling height is less than 7.5 feet.
If the upstairs converted to a dwelling unit, this would be considered a
zoning violation subject to all the penalties and fines allowed by the City
Code.
SUMMARY OF CONCLUSIONS
After reviewing the 1101 West Oak Street Accessory Building with Habitable
Space Project Development Plan, #22-09, the Hearing officer makes the
following findings of fact and conclusions:
1. The proposed land use is permitted in the NCL — Neighborhood
Conservation, Low Density Zone District.
1101 West Oak Street -- accessory Building with Habitable Spat.,,, PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 6 of 8
have a maximum floor area of 600 s.f. The applicant is requesting
an additional floor area of 50 s.f. for a staircase that accesses a loft
storage space.
Applicants Justification:
The owners are requesting permission to increase the allowable
square footage by fifty (50) square feet at the ground (garage floor)
level. The additional square footage is created by increasing the
front -to -back dimension of the garage by two (2) feet. Doing so will
not prohibit the ability to provide at least one -hundred twenty (120)
square feet of yard area that serve both the detached garage and
the existing principle dwelling according to Division, 4.7, (F), (3),
(c), 1 of the Fort Collins Land Use Code and in no case is the rear
yard area any less than ten (10) feet, in the smallest dimension,
between the home and the garage. The upper floor (attic) space
contains 300 square feet where the ceiling height is 7 % feet high.
Approval of this modification request will allow for a standard twenty
(20) foot parking space within the garage and enough room for the
stairway to the attic space above. At the same time, this added
depth will ensure the ability to maneuver around the parked
vehicles in the garage.
A large garage just west of this site has been constructed,
presumably before the current standards were adopted, however, it
is deemed that this proposed request is a minimal increase to the
current limitations. The new 2-car detached garage will be an
attractive addition to the property and will complement the primary
residence. The siding and trim will be painted to match the existing
colors of the home. The roofing material will also match the home.
Staff's Evaluation of Applicant's Request
Staff has evaluated the applicant's request against the criteria
provided in Section 2.8.2(H) of the LUC. Staff finds that the
applicant's request to increase the floor area of the proposed
accessory building with habitable space by 50 s.f. is "nominal and
inconsequential" when "considered from the perspective of the
entire development." Therefore, Staff recommends approval of this
Modification of Standard Request.
1101 West Oak Street -- Accessory Building with Habitable Spaces, PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 5 of 8
3. Section 4.7(F) — Development Standards
This proposal satisfies all applicable development standards in the
NCL District, described in detail below.
A. Building Design
The accessory building with habitable space design complies
with the minimum front yard setback specified in Section
4.7(F)(1)(c), as well as the roof pitch as described in Section
4. 7(F) (1) (g).
B. Bulk and Massing
Maximum building height per Section 4.7(F)(2)(a) — Building
Height is 1 '/2 stories (24 feet). The proposed accessory
building with habitable space is 22 feet and 10 inches in height
and is one and one-half story.
Per Section 4.7(F)(2)(b)(1) — Eave Height, the exterior eave
height will not exceed thirteen feet from grade. The proposed
building will have an eave height of 13 feet from grade.
C. Carriage Houses and Habitable Accessory Building with
Habitable Spaces
The proposed accessory building with habitable space will
contain habitable space as water and sewer service will be
extended from the existing residence. Habitable space does not
mean a dwelling unit, but rather space intended to serve for
human occupancy. The proposed building will be used for a
garage, storage and a workshop area.
This proposal complies with the standards in Section
4.7(F)(3)(c), in that a separate yard area containing at least 120
s.f. is provided for the accessory building, separate from that of
the primary structure; the major entries and windows do not face
an abutting side or rear yard; and existing significant trees will
be maintained.
B. Request for Modification of Standard
1. The applicant is requesting a Modification of Standard to Section
4.7(D)(3), which requires accessory building with habitable space
e
1101 West Oak Street -- accessory Building with Habitable Spau PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 4 of 8
B. Division 3.3 - Engineering Standards
The proposal complies with the design standards, requirements, and
specifications for the services as set forth in this section of the LUC.
C. Division 3.5 - Building Standards
1. Section 3.5.1 - Building and Project Compatibility
The proposed new accessory building with habitable space is to be
22 feet in height. The size, massing, height and design of the
building are consistent with other accessory buildings in the
neighborhood.
3. ARTICLE 4 - Districts
A. Division 4.7 — Neighborhood Conservation Low Density District
Accessory Buildings with Habitable Spaces are permitted in the NCL,
subject to an administrative Review. This proposal complies with the
purpose of the NCL District as it is an infill project with an accessory
habitable building designed to complement and serve the existing
residence.
1. Section 4.7(D) — Land Use Standards
The proposed accessory building with habitable space will contain
650 feet of floor area. Per Section 4.7(D)(3) — Accessory Buildings
with Habitable Space, 600 square feet is the maximum floor area
permitted if located behind a street -fronting principal building. A
Modification of Standard has been submitted.
This proposal complies with Section 4.7(D)(5) - Floor Area Ratio, in
that the Floor Area Ratio (FAR) on the rear fifty percent of the lot is
0.137, and the maximum FAR permitted on the rear fifty percent of
the lot is 0.33.
2. Section 4.7(E) — Dimensional Standards
This proposal satisfies all applicable dimensional standards more
specifically the minimum side and rear yard setback requirements
described in Section 4.7(E)(3) and (4), and the maximum building
height of one and one-half (1 %2) story, per Section 4.7(E)(5).
1101 West Oak Street -- Accessory Building with Habitable Spac,,a, PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 3 of 8
FACTS AND FINDINGS
1. Background
The surrounding zoning and land uses are as follows:
N: NCL; existing single-family residential
S: NCL; existing Poudre R-1 School District (Lab School for Creative
Learning)
E: NCL; existing single-family residential
W: NCL; existing single-family residential
This property was annexed and platted as Lot 17 of Block 7 of the Scott
Sherwood Subdivision Plat in 1907.
2. ARTICLE 3 — General Development Standards
The 1101 West Oak Street Accessory Building with Habitable Space, PDP
complies with all of the applicable standards in Article 3 - General
Development Standards of the LUC. Of specific note are Division 3.2 —
Site Planning and Design Standards; Division 3.3 — Engineering
Standards; and Division 3.5 Building Standards.
A. Division 3.2 — Site Planning and Design Standards
Section 3.2.1 - Landscaping and Tree Protection
The proposal complies with Section 3.2.1(E)(2) Landscape Area
Treatment in that the Landscape Plan provides for landscaping in
the areas that are not covered by the building or paving. The
existing mature tree will remain on the site and the landscaping
around the accessory building with habitable space will include
irrigated turf and existing shrubs.
Section 3.2.2 — Access, Circulation and Parking
The proposal complies with Section 3.2.2(K)(1) Residential Parking
Requirements, in that it provides a minimum of one off-street parking
space since the lot has more than 40 feet of street frontage. Two parking
spaces will be provided within the accessory building with habitable space.
1101 West Oak Street --,Accessory Building with Habitable Spay.., PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 2 of 8
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: N-C-L, Neighborhood Conservation Low
Density and located within the West Side Neighborhood Plan
STAFF RECOMMENDATION: Approval of Modification of Standard Request
Approval of PDP
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer
established no controversy or facts to refute
that the hearing was properly posted, legal
notices mailed and notice published.
I►L�
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code,
opened the hearing at approximately 7:00 p.m. on October 14, 2006 in Council
Chambers, 300 LaPorte Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The Hearing Officer accepted during the hearing the following evidence: (1)
Planning Department Staff Report; (2) application, plans, maps and other
supporting documents submitted by the applicant and the applicant's
representatives to the City of Fort Collins; (3) a sign up sheet of persons
attending the hearing; and (4) a tape recording of the hearing. The LUC, the
City's Comprehensive Plan (City Plan), and the formally promulgated policies of
the City are all considered part of the evidence considered by the Hearing
Officer.
The following is a list of those who attended the meeting:
From the City: Ted Shepard, Chief Planner and Emma McArdle, City Planner
From the Applicant: Rick Foerster and Eric Gootee
From the Public: Connie Werner Amalia Levy Marion Croak
Written Comments: Three written comments were received - Diana
Hammerdorfer (opposed), John Johnston (support) and Anonymous (concerned
about traffic and alley usage).
1101 West Oak Street -- accessory Building with Habitable Spat,,., PDP
Administrative Hearing Findings, Conclusions, and Decision
October 14, 2009
Page 1 of 8
CITY OF FORT COLLINS .
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
October 14, 2009
1101 West Oak Street --
Accessory Building with
Habitable Space,
Project Development Plan (PDP)
#22-09
Rick Foerster
5774 S. Kittredge Street
Centennial, CO 80015
Eric and Catherine Gootee
1101 W. Oak Street
Fort Collins, CO
Ted Shepard
Chief Planner
PROJECT DESCRIPTION: This is a request for an accessory structure with
habitable space located on the rear of a lot at 1101 West Oak Street. This
structure will be used as a garage and workshop; the reason it is considered to
have "habitable space" is because it will have water and sewer lines extended to
the structure. The property is located in the Neighborhood Conservation Low
Density (NCL) zone district. The proposed use is permitted in the NCL zone
district subject to administrative review (Land Use Code, Section 4.7(B)(2)(c)1).
F,�of
t Collins
October 22, 2009
Planning, Development and
Transportation Services
Current Planning
281 N. College Avenue
PO Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov. com/currentplanning
Attendee of the Project, 1101 W. Oak Street Accessory Building with Habitable
Space Project Development Plan, # 22-09, Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing
Findings, Conclusions and Decision for the Project Hearing of 1101 W. Oak
Street Accessory Building with Habitable Space Project Development Plan, # 22-
09.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision
has been mailed to the applicant and any person who provided testimony at the
public hearing.
This final decision of the Administrative Hearing Officer may be appealed to the
City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code,
within 14 calendar days of the date of final action November 4, 2009 by the
Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Wednesday,
November 4, 2009. Guidelines explaining the appeal process, including the
Code provisions previously referenced, can be found online at
fcqov.com/cityclerk/appeals.php, or may be obtained in the City Clerk'=s Office at
300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process,
please contact me at 221-6343.
Sincerely,
Ted Shepard
Chief Planner