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HomeMy WebLinkAbout415 N. SHERWOOD ST., ACCESSORY BUILDING W/HABITABLE SPACE - PDP - 6-11 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Project: L4(S N Meeting Location: C V-*-� CA3y�xx-%-KC_g_ V Date: ter — PLEASE PRINT CLEARLY L�_ Spo,� C4.1t tLt�_ ame Address Phone Email - - �� nbara R Ii till N e_tau.. 4�0-69o-��Sv ,� .yeilc@ tl.cs.i tilt -ZIS-133 1 l -ccvvt Emma McArdle From: Wirt Wolff [wirtwolff@gmail.com] Sent: Friday, April 01, 2011 12:21 PM To: Emma McArdle Subject: Support for the 415 N Sherwood Development Proposal Dear Ms. McArdle: Thank you for your notice regarding the 415 N Sherwood accessory structure proposal. I will not attend the hearing, but I am in favor of allowing the development to proceed. regards, Wirt Wolff 419 N Whitcomb St. 970-581-8154 1 415 North Sherwood Street —Accessory Building with Habitable Space PDP, v 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 7 of 7 SUMMARY OF CONCLUSIONS After reviewing the 415 North Sherwood Street Accessory Building with Habitable Space Project Development Plan, #6-11, Staff makes the following findings of fact and conclusions: 1. The proposed land use is permitted in the NCM— Neighborhood Conservation, Medium Density Zone District of the Land Use Code. 2. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. 1. The Project Development Plan complies with all applicable Land Use and Development Standards contained in Article 4, Division 4.8 of the Land Use Code; with one exception: o Section 4.8(F)(2)(b)l . regarding the maximum eave height be 13'. Staff recommends a condition of approval be that this standard be met for the final plans and building permit application for this project. RECOMMENDATION: Staff recommends approval of the 415 North Sherwood Accessory Building with Habitable Space - #6-11, with the condition that the final plans and building permit application meet the 13' eave height maximum. DECISION 415 North Sherwood Street — Accessory Building with Habitable Space, Project Development Plan, # 6-11 is hereby approved by the Hearing Officer with one condition: The Exterior Elevations Plan (Sheet 2 of 2) submitted for Final Plan review must demonstrate that the eave height for the sloped roofs on the building shall not exceed 13' from grade. This condition must be met before the plan can be filed in, and a building permit issued by, the City of Fort Collins. Dated this 14th day of April, 2011 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 4we'@�t Steve Olt City Planner 415 North Sherwood Street — Accessory Building with Habitable Space PDP, ;; 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 6 of 7 i. all exterior walls that are greater than 6' in length are parallel to the lot lines; ii. the accessory structure is setback 10' from the principle structure, exceeding the minimum 10' setback from the principle structure's front setback; iii. the second floor does not over hang the first floor; and iv. the roof pitch is within the range permitted in this section. b. Bulk and Massing — The proposal complies with the applicable standards of this section as follows: i. Building Height — The maximum building height for accessory buildings with habitable space is one and one half (1 1/) stories. A "half story" is defined as "a space under a sloping roof which has the line of intersection of the roof and wall face not more than three (3) feet above the floor, and in which space the possible floor area with head room of five (5) feet or less occupies at least 40% of the total floor area of the story directly beneath." The proposed structure contains 168 square feet of floor area above 5' in the story. The area directly under the 'h story space is 399 square feet, making the area with less than 5' of head room to be 248 square feet or 53% of the total floor area directly beneath the half story. This is in compliance with this standard. ii. This section also limits the height of accessory buildings with habitable space to not exceed 24'. The proposed building is 21' tall. iii. Eave Height — The plan indicates that the eave height is approximately 13' 5", this section of the code requires the maximum eave height be 13' from grade. The applicant is aware of this standard and there is a condition of approval recommended that this standard be met for the final plans and for the building permit application. c. Carriage Houses and Habitable Accessible Buildings — The proposal complies with the applicable standards of this section as follows: i. The site accommodates a shared yard area of approximately 1800 s.f., significantly exceeding the minimum area required; ii. The north elevation, which faces the neighboring property, does not have any windows or doors, meeting the intent of this standard because privacy of the neighbor's back yard is maintained; and iii. No trees will be harmed by the proposed structure's location. 415 North Sherwood Street — Accessory Building with Habitable Space PDP, # 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 5 of 7 The proposed accessory building with habitable space is to be 21' in height. The size, massing, height and design of the building are consistent with other residential and accessory buildings in the neighborhood. 3. ARTICLE 4 - Districts A. Division 4.8 — Neighborhood Conservation Medium Density District Accessory Buildings with Habitable Space are permitted in the NCM — Neighborhood Conservation Medium Density Zoning District, subject to an administrative (Type 1) Review. The NCM District is: "Intended to preserve the character of areas that have a predominance of developed single-family and low- to medium -density multi -family housing and have been given this designation in accordance with an adopted subarea plan." This proposal complies with the purpose of the NCM District as it is an infill project with an accessory habitable building designed to complement and serve the existing residence. 1. Section 4.8(D) — Land Use Standards The proposal complies with Section 4.8(D)(3) — Accessory buildings with Habitable Space (or Potential Future Habitable Space) in that accessory buildings with habitable space are limited to 600 square feet in this section of the LUC. The proposed structure's first floor is 438 s.f. and the second story is 265 s.f., but only 105 s.f. are counted because the rest has ceiling height that is less than 7'6", for a total usable floor area of 543 s.f. This proposal complies with Section 4.8(D)(5) - Floor Area Ratio, in that the Floor Area Ratio (FAR) on the rear fifty percent of the lot is 0.209, and the maximum FAR permitted on the rear fifty percent of the lot is 0.33. 2. Section 4.8(E) — Dimensional Standards The proposal complies with all setbacks standards of this section. 3. Section 4.8(F) — Development Standards a. Building Design — The proposal complies with the applicable standards in this section, more specifically: 415 North Sherwood Street —Accessory Building with Habitable Space PDP, ?; 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 4 of 7 N: NCM; existing single-family residential LMN (Low Density Mixed Use Neighborhood); one block down the zoning changes but housing character is very similar consisting of existing single- family residential S: NCM; existing single-family residential E: NCM; existing single-family residential W: NCM; existing single-family residential This property was platted as Lot 2, Block 64 of the original Map of the Town of Fort Collins in 1873. It was replatted in 1998 as Lot 2A of Block 64. 2. ARTICLE 3 — General Development Standards The 415 North Sherwood 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. Further discussions of these particular standards follow. A. Division 3.2 — Site Planning and Design Standards Section 3.2.1 - Landscaping and Tree Protection The proposal complies with Sections 3.2.1(D)(1) and (2) in that a full tree stocking and street trees are existing that meet the standards of this section. The proposal also complies with Section 3.2.1(E)(2) Landscape Area Treatment in that nothing in the back yard is proposed to change. The existing mature trees and irrigated turf will remain on the site. 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 one off-street parking space since the lot has more than 40 feet of street frontage. The one (1) parking space will be provided within the accessory building with habitable space. 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 415 North Sherwood Street — Accessory Building with Habitable Space PDP, # 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 3 of 7 From the Applicant: Barbara Schreiner, 415 North Sherwood Street, Fort Collins, CO 80521 Dave Doll, 810 Logan Street, Loveland, CO 80538 From the Public: MacKenzie Mushel, 411 North Meldrum Street, Fort Collins, CO 80521 Brian Ellis, 411 North Me►drum Street, Fort Collins, CO 80521 Written Comments: Wirt Wolff, 419 North Whitcomb Street, Fort Collins, CO 80521 FACTS AND FINDINGS EXECUTIVE SUMMARY: The 415 North Sherwood Street, Accessory Building with Habitable Space, PDP complies with the applicable requirements of the Land Use Code (LUC), more specifically: • the process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; • the standards located in Division 3.2 -Site Planning and Design Standards; Division 3.3 — Engineering Standards; Division 3.4 — Environmental, Natural and Cultural Standards; and Division 3.5 - Building Standards of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; and • the proposed accessory building with habitable space is permitted in Division 4.8 — Neighborhood Conservation, Medium Density District (NCM) of ARTICLE 4 — DISTRICTS, subject to an administrative review. COMMENTS: 1. Background The surrounding zoning and land uses are as follows: 415 North Sherwood Street — Accessory Building with Habitable Space PDP, # 6-11 Administrative Hearing Findings, Conclusions, and Decision April 14, 2011 Page 2 of 7 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: NCM, Neighborhood Conservation Medium Density STAFF RECOMMENDATION: Staff recommends approval of the 415 North Sherwood Accessory Building with Habitable Space - #6-11, with the condition that the final plans and building permit application meet the 13' eave height maximum. 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:45 p.m. on April 13, 2011 in Grande Conference Room at 281 North College 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: Emma McArdle, City Planner 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: PROJECT DESCRIPTION: April 13, 2011 415 North Sherwood Street —Accessory Building with Habitable Space, Project Development Plan #6-11 David Doll Doll Construction 1437 Denver Avenue, # 261 Loveland, CO 80538 Barbara Schreiner 415 North Sherwood Street Fort Collins, CO 80521 Steve Olt City Planner This is a request for an accessory structure with habitable space located on the rear of a lot at 415 N Sherwood Street. This structure will be used as a garage with a small craft room above; the reason it is considered to have "habitable space" is because it will have water and sewer lines extended to the structure. The structure is proposed to have approximately 543 square feet. The property is'located in the Neighborhood Conservation Medium Density (NCM) zone district. The proposed use is permitted in the NCM zone district subject to administrative review. Planning, Development & Transportation Services art` Collins of April 14, 2011 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Attendee of the 415 North Sherwood Street — Accessory Building with Habitable Space, Project Development Plan 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 the 415 North Sherwood Street — Accessory Building with Habitable Space, Project Development Plan, # 6-11. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been emailed or mailed to the applicant and any person who attended and/or provided testimony at the public hearing held on April 13, 2011. 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 April 14, 2011 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on April 18, 2011. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.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 970-221-6341. Sincerely, Steve Olt City Planner