HomeMy WebLinkAbout415 N. SHERWOOD ST., ACCESSORY BUILDING W/HABITABLE SPACE - PDP - 6-11 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In
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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