HomeMy WebLinkAboutMALDONADO SUBDIVISION - PDP - PDP120021 - REPORTS - RECOMMENDATION/REPORTMaldonado Subdivision, P.D.P. State Keoort October 8 2012
ATTACHMENTS
1. Maldonado Subdivision Project Development Plan
2. Statement of Planning Objectives
3. Modification of Standard Requests
4. Neighborhood Meeting Summary
5. Letters received in support of the project
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Maldonado Subdivision, P.D.P. Staff Report October8, 2012
elements that are integrated into the roof line — are designed with a moderate
size, bulk, and massing that provides an appropriate transition and compatible fit
with existing homes in on the block.
• An appropriate number of Secondary Elements such as bay windows, porch
elements, and roof dormers are provided that are appropriate in size, scale and
proportion so that these elements do not overpower the overall building form
while providing visual interest and articulated massing on all sides of the home.
• Enhanced architectural detailing is provided through the use of building
projections and recesses that provide a high level of building articulation and are
appropriately scaled, stepping down at interior lot lines to provide transition with
adjacent lots.
• A mix of materials is used with stone, lap siding, cedar shake siding, and large
windows that provide a traditional feel that fits the pattern of surrounding
residences.
4. Neighborhood Meeting:
A neighborhood meeting was held on June 6th, 2012. A detailed meeting summary is
included with this staff report. All of the meeting attendants expressed support for the
project.
5. Findinas of Fact / Conclusion:
In reviewing and evaluating this Project Development Plan, Staff makes the following
findings of fact and conclusions:
A. The Maldonado Subdivision, Project Development Plan, complies with the
applicable standards of Article Four — Neighborhood Conservation, Medium
Density District N-C-M zone district.
B. The P.D.P. complies with the applicable Article Three General Development
Standards.
C. The three Modifications of Standard meet the applicable requirements of Section
2.8.2(H) and the granting of the Modifications would not be detrimental to the
public good.
RECOMMENDATION
Staff recommends approval of the Maldonado Subdivision Project Development Plan,
#120004 and three Modifications of Standard.
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Maldonado Subdivision, P.D.P. Staff rteoort October 8, 2012
K. Section 4.8(F)(4) — Development Standards, Landscape/Hardscape Material
This standard requires that not more than 40% of the front yard be covered with
inorganic material, and the project is in compliance with this standard.
L. Section 4.8(F)(7) — Development Standards, Subdividing of Existing Lots
This standard requires that no existing lot may be further subdivided in such manner as
to create a new lot in the rear portion of the existing lot. The project proposes a side -by -
side lot split where each lot has frontage on the street, and is therefore in compliance
with this standard.
3. Compliance with Article Three — General Development Standards:
The following General Development Standards are applicable to the Maldonado
Subdivision P.D.P.
A. Section 3.2.1— Landscaping and Tree Protection
The project is in compliance with this Section. The plans provide for two new street
trees, with a caliper size that exceeds the minimum requirements, in order to provide
adequate replacement for existing trees that are proposed to be removed. The project's
proposed tree replacement and mitigation was proposed under the review, direction,
and approval of the City Forester.
B. Section 3.2.2(K)(1)(c) — Required Off -Street Parking
The project provides one off-street parking space per lot, which is in compliance with
this standard.
C. Section 3.5.1 — Building and Project Compatibility
(1) Architectural Character; (2) Building Size, Height, Bulk, Mass, Scale
This standard requires that new projects be compatible with the established
architectural character and context of the general area.
The project provides three building prototype options which are intended to demonstrate
a high architectural standard and establish the baseline of the architectural "character"
for the project. In terms of architecture, this P.D.P. sets an enhanced standard that
provides appropriate size, bulk, massing, scale, detail and articulation in the following
ways:
• The Primary Elements of the proposed architecture —the overall outline of the
home, the use of gables and hip roof elements, and the use of second -story
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Maldonado Subdivision, P.D.P. Staff Report October8 2012
Plan, and the strict application of such a standard would render the project
practically infeasible and;
(4.) The plan as submitted will not diverge from the standards of the Land Use Code
except in a nominal, inconsequential way when considered from the perspective
of the entire development plan.
This is because:
• The gable roof form of the overall building elevation that faces the rear 5'
setback will not be overly massive in appearance, and due to an existing
5.5' privacy fence at the rear property line, only the gable portion of the
garage will be visible from the neighbors to the east;
• The rear and side setbacks as modified permit a development plan that
would otherwise be infeasible while providing consistency with the LUC in
terms of lot width, primary building setbacks, and with enhanced
architecture that provides appropriate massing, scale, detail and
articulation and;
• The modification requests a 10' reduction in the rear garage setback. 15
feet is the standard. The resulting 5', when combined with the existing
privacy fence, will provide an adequate visual separation, and that the 10'
reduction is nominal when considering the fact that the modification is for
a garage and not the principle dwelling. Additionally, the side setback
reduction to zero feet does not affect surrounding neighbors and the
impact is confined internally.
H. Section 4.8(E)(5) — Dimensional Standards, Maximum Building Height
This standard requires that the maximum building height for the N-C-M zone is 2
stories; the project is in compliance with this standard.
Section 4.8(F)(1) — Development Standards, Building Design
The project is in compliance with all applicable building design standards of this section,
which require that buildings to be constructed at right angles to the lot, that the primary
entrance be located along the front wall of the building, that accessory building be
located at least 10 feet behind the principal building, that the second floor not overhang
the lower front or side of the building, that the front porch proposed is limited to one
story, and that the roof pitch is between 2:12 and 12:12.
J. Section 4.8(F)(2) — Development Standards, Bulk and Massing
The project is in compliance .with the maximum building height limit of 2 stories and
maximum height for accessory buildings with no habitable space of 20 feet. Additionally
the project proposes an eave height that is less than the maximum 10 feet for accessory
buildings with no habitable space.
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Maldonado Subdivision, P.D.P. StaffReoort October8, 2012
Supporting Findings:
• The modification requests a 10' reduction in the rear garage setback. 15 feet
is the standard. The resulting 5' will provide an adequate visual separation,
and that the 10' reduction is nominal when considering the fact that this is for a
garage and not the principle dwelling. Additionally, the side setback reduction
to zero feet does not affect surrounding neighbors and the impact is confined
internally. Therefore, the zero lot line request for the garage is nominal.
• The reduced rear and side setbacks for the garage are nominal and permit a
development plan that is in compliance with and reinforces the established
framework of the surrounding neighborhood. The lot as modified is in
conformance with the purpose of the N-C-M zone, which 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."
• The modification is nominal when compared to the entire development plan
that provides high quality, high performing architecture that is sensitive to the
character of the surrounding neighborhood, and as such is consistent with the
policies of the Land Use Code described in Section 1.2.2 as follows:
(J) Improving the design, quality and character of new development.
(L) Encouraging the development of vacant properties within established
areas.
(M) Ensuring that development proposals are sensitive to the character of
existing neighborhoods.
e. Staff Recommendation and Findinas of Fact:
Staff recommends approval of the Modifications. In evaluating the request, and in
fulfillment of the requirements of Section 2.8.2(H)(1) Staff makes the following findings
of fact:
(1.) The granting of the Modification would not be detrimental to the public good;
(2.) The plan as submitted will promote the general purpose of the standard for which
the Modification is requested equally well or better than would a plan which
complies with the standard for which the Modification is requested;
(3.) The granting of the modification would result in a substantial benefit to the city by
reason of the fact that the proposed project would. substantially address an
important community need specifically described in the city's Comprehensive
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Maldonado Subdivision, P.D.P. Staff Report October 8 2012
Supporting Findings:
• The rear and side setbacks as modified permit a development plan that would
otherwise be infeasible while providing consistency with the LUC in terms of
lot width, primary building setbacks, and with enhanced architecture that
provides appropriate massing, scale, detail and articulation. The resulting
project enhances the established street pattern and character of the
neighborhood with an intensity of use that is consistent with the neighborhood
and consistent with the following policies:
• Policy LIV 6.2 — Seek Compatibility with Neighborhoods. Encourage design
that complements and extends the positive qualities of surrounding
development and adjacent buildings in terms of general intensity and use,
street pattern, and any identifiable style, proportions, shapes, relationship to
the street, pattern of buildings and yards, and patterns created by doors,
windows, projections and recesses. Compatibility with these existing elements
does not mean uniformity.
• Policy LIV 7.4 — Maximize Land for Residential Development. Permit
residential development in most neighborhoods and districts in order to
maximize the potential land available for development of housing and thereby
positively influence housing affordability.
Criteria (3): By reason of exceptional physical conditions or other extraordinary
and exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or topography,
or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result
in unusual and exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or hardship are
not caused by the act or omission of the applicant; or
Supporting Findings:
• The way that this lot was subdivided created a shallow lot depth that is unique
to this block face in comparison to the surrounding area. The shallowness of
the lot is a hardship not caused by the owner, and the resulting depth makes a
detached garage difficult position without a reduced rear and side setback.
Criteria(4): The plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in a nominal,
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.
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Maldonado Subdivision, P.D.P. Staff Report October 8. 2012
difficulties, or exceptional or undue hardship upon the owner of such property, provided
that such difficulties or hardship are not caused by the act or omission of the applicant;
or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that
are authorized by this Division to be modified except in a nominal, 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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by
specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4)."
Modification Criteria, Supporting Findings:
This request of approval for this modification complies with the standards per Review
Criteria 2.8.2(H)(1) through (4) in the following ways:
Criteria (1): the plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than would
a plan which complies with the standard for which a modification is requested.
Supporting Findings:
• This application does not propose a setback modification for the primary
building. The reduced setbacks are for the garage only, which has an eave
height of 9'-10" and a maximum height of 19' feet at the roof peak. The gable
roof form of the overall building elevation that faces the rear 5' setback will not
be overly massive in appearance, and due to an existing 5.5' privacy fence at
the rear property line, only the gable portion of the garage will be visible from
the neighbors to the east. The proposed rear setback of 5 feet is consistent
with the required 5' setback listed in 4.8(D)(E)(3) which lists the rear setback
for alleys for primary structures. The zero side setback is proposed for the
garage only and shares a common lot line with the applicant's property; zero
lot lines are not proposed at the side lot lines that are at the project's
boundaries to the north and south.
Criteria (2): The granting of a modification from the strict application of any
standard would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the fact
that the proposed project would substantially address an important community
need specifically and expressly defined and described in the city's
Comprehensive Plan or in an adopted policy, ordinance or resolution of the City
Council, and the strict application of such a standard would render the project
practically infeasible; or
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Maldonado Subdivision P.D.P. Staff Report October8, 2012
b. Descriotion of the Modification:
This is a Modification Request to 4.8(E) Dimensional Standards: Section 4.8(E)(3)
which addresses the requirement for a 15' rear setback and Section 4.8(E)(4), which
addresses the requirement for a 5' side setback.
The applicant proposes two Modifications of Standard: a Modification to Section
4.8(E)(3) to permit a rear garage setback of five feet; a Modification to
Section4.8(E)(4) to permit a side garage setback of zero feet.
C. Summary of Applicant's Justification:
This application proposes no setback modification for the primary building. The reduced
setbacks are for the garage only, and do not result in a lot pattern or streetscape that is
detrimental to the surrounding neighborhood.
The way that this lot was subdivided in the past created a shallow lot depth that is
unique to this block face in comparison to the surrounding area. The shallowness of the
lot is a hardship not caused by the owner, and the resulting depth makes a detached
garage difficult position without a reduced rear and side setback.
d. Staff Evaluation and Analysis:
Land Use Code Modification Criteria:
"The decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with
the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard would,
without impairing the intent and purpose of this Land Use Code, substantially alleviate
an existing, defined and described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the proposed project would
substantially address an important community need specifically and expressly defined
and described in the city's Comprehensive Plan or in an adopted policy, ordinance or
resolution of the City Council, and the strict application of such a standard would render
the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such
as exceptional narrowness, shallowness or topography, or physical conditions which
hinder the owner's ability to install a solar energy system, the strict application of the
standard sought to be modified would result in unusual and exceptional practical
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Maldonado Subdivision, P.D.P. Staff Report October8, 2012
E. Section 4.8(E)(1) — Dimensional Standards, Minimum Lot Width
This standard requires that each single-family dwelling have a minimum lot width of 40
feet. The proposed lots have a width of approximately 50 feet.
F. Section 4.8(E)(2) — Dimensional Standards, Minimum Front Yard Setback
This standard requires that the minimum front yard setback be 15 feet and that setbacks
from garage doors to the backs of public walks be at least 20 feet. The project complies
with these standards and acknowledges the 15 feet front setback and a detached
garage in excess of the minimum 20 feet.
G. Section 4.8(E)(3) — Dimensional Standards, Minimum Rear Yard Setback
Section 4.8(E)(4) — Dimensional Standards, Minimum Side Yard Setback
The rear yard standard requires a minimum rear yard setback of 15 feet, and the
standard does not specify different setbacks for principal and accessory buildings; a 15
feet setback is required for all buildings.
The side yard standard requires a minimum 5 feet for all interior side yards, and the
standard does not specify different side setbacks for principal and accessory buildings;
a 5 feet setback is required for all buildings.
The applicant is requesting a modification of standard to the rear and side dimensional
standards, and the following is an analysis of these modification requests:
Request for Modification — Section 4.8(E)(3) and 4.8(E)(4), which require that
principal and accessory buildings maintain a minimum 15' rear setback and a 5'
side setback for dwelling.
a. The Standard At Issue:
Section 4.8(E)(3) and 4.8(E)(4) of the Land Use Code states that:
"(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15)
feet in all other conditions.
(4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever
any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the
wall or building shall be set back from the interior side lot line an additional one (1) foot,
beyond the minimum required, for each two (2) feet or fraction thereof of wall or building
height that exceeds eighteen (18) feet in height. Minimum side yard width shall be
fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing,
minimum side yard width for schools and places of worship shall be twenty-five (25) feet
(for both interior and street sides)."
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Maldonado Subdivision, P.D.P. Staff Report October 8. 2012
• The resulting project enhances the established street pattern and character of
the neighborhood with an intensity of use that is consistent with the
neighborhood and consistent with City policies.
C. Section 4.8(D)(4) — Accessory Buildings Without Habitable Space:
An accessory building is proposed to be used as a garage, which meets the
requirement of this section which states that the total floor area of the accessory
building shall not exceed 600 square feet. The floor area proposed for the garage is
264 square feet on Lot 1 and 432 square feet on Lot 2, therefore meeting the
requirements of this Section for each lot.
D. Section 4.8(D)(5) — Floor Area Ratio (FAR):
This section requires that lots are subject to a maximum FAR of thirty-three hundredths
(0.33) on the rear 50% of the lot. The project's proposed Lots 1 and 2 are in
compliance with this requirement, and the site plan tabulations chart is provided on the
Project Development Plan to show compliance as follows:
LOT 1
LOT 1- PRINCIPAL BUILDING 993
LOT 1- ACCESSORY BUILDING 264
LOT 1- TOTAL F.A. 1257
TOTAL F.A. PERMITTED ON LOT:
= 4,497 X 50%: 2248.5
TOTAL F.A. PERMITTED IN
REAR 50%:
= 2,248.50 X 33% : 742.005
TOTAL F.A. PROPOSED IN REAR 588
50%:
LOT 2
LOT 2- PRINCIPAL BUILDING 1228
LOT 2- ACCESSORY BUILDING 432
LOT 2- TOTAL F.A. 11660
TOTAL F.A. PERMITTED ON LOT:
= 4,496 X 50%: 2248
TOTAL F.A. PERMITTED IN
REAR 50%:
= 2,248.00 X 33% : 741.84
TOTAL F.A. PROPOSED IN REAR 740
50%:
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Maldonado Subdivision, P.D.P. Staff Report October 8. 2012
character of the surrounding neighborhood, and as such is consistent with the
policies of the Land Use Code described in Section 1.2.2 as follows:
(J) Improving the design, quality and character of new development.
(L) Encouraging the development of vacant properties within established
areas.
(M) Ensuring that development proposals are sensitive to the character of
existing neighborhoods.
e. Staff Recommendation and Findings of Fact:
Staff recommends approval of the Modification. In evaluating the request and in
fulfillment of the requirements of Section 2.8.2(H), Staff makes the following findings of
fact:
(1.) The granting of the Modification would not be detrimental to the public good;
(2.) The plan as submitted will promote the general purpose of the standard for which
the Modification is requested equally well or better than would a plan which
complies with the standard for which the Modification is requested;
(3.) The granting of the modification would result in a substantial benefit to the city by
reason of the fact that the proposed project would substantially address an
important community need specifically described in the city's Comprehensive
Plan, and the strict application of such a standard would render the project
practically infeasible and;
(4.) The plan as submitted will not diverge from the standards of the Land Use Code
except in a nominal, inconsequential way when considered from the perspective
of the entire development plan.
This is because:
• The proposed lot split and resulting reduced lot size is achieved by a side -by -
side lot split that is consistent with the overall lot pattern of the neighborhood
so that no detrimental impacts are created by the new lots; the proposed lots
are not the result of a front -to -back lot split, which is expressly prohibited in
Section 4.8(F)(7) of the LUC;
• The resulting lot shape is consistent with the street pattern of the surrounding
neighborhood and equal in terms of lot width and setbacks for the principal
structure;
• The reduced lot size is nominal and permits a development plan that is in
compliance with and reinforces the purpose statement of the N-C-M zone
and;
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Maldonado Subdivision, P.D.P. Staff Reoort October 8. 2012
• Policy LIV 7.4 — Maximize Land for Residential Development. Permit
residential development in most neighborhoods and districts in order to
maximize the potential land available for development of housing and thereby
positively influence housing affordability.
Criteria (3): By reason of exceptional physical conditions or other extraordinary
and exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or topography,
or physical conditions which hinder the owner's ability to install a solar energy
system, the strict application of the standard sought to be modified would result
in unusual and exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or hardship are
not caused by the act or omission of the applicant;
Supporting Findings:
• The proposed lot does not meet the minimum standard 5,000 square feet
requirement due to the shallowness of the lot, and the manner in which it was
subdivided to create the shallow depth is unique to this block face in
comparison to the surrounding area. The shallowness of the lot is a hardship
not caused by the owner, and the resulting lot size does not affect the
surrounding street pattern or principal building setbacks:
Criteria(4): The plan as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be modified except in a nominal,
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.
Supporting Findings:
• The reduced lot size is nominal and permits a development plan that is in
compliance with and reinforces the established framework of the surrounding
neighborhood. The lot as modified is in conformance with the purpose of the
N-C-M zone, which 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."
• The proposed lot split and resulting reduced lot size is achieved by a side -by -
side lot split that is consistent with the overall lot pattern of the neighborhood,
and is not a front -to -back lot split, which is expressly prohibited in Section
4.8(F)(7) of the LUC.
• The modification is nominal when compared to the entire development plan
that provides high quality, high performing architecture that is sensitive to the
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Maldonado Subdivision, P.D.P. Staff Report October 8 2012
Modification Criteria, Supporting Findings:
This request of approval for this modification complies with the standards per Review
Criteria 2.8.2(H)(1) through (4) in the following ways:
Criteria (1): The plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than would
a plan which complies with the standard for which a modification is requested;
Supporting Findings:
• The smaller lot size does not result in a lot pattern or streetscape that is
detrimental to the surrounding neighborhood. The proposed lots are only
minimally smaller than the standard, and are approximately 50 feet wide,
which exceeds the Land Use Code (LUC) requirement of 40 feet. The
resulting lot shape is consistent with the street pattern of the surrounding
neighborhood in terms of lot width and setbacks for the principal structure.
Criteria (2): The granting of a modification from the strict application of any
standard would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the fact
that the proposed project would substantially address an important community
need specifically and expressly defined and described in the city's
Comprehensive Plan or in an adopted policy, ordinance or resolution of the City
Council, and the strict application of such a standard would render the project
practically infeasible; .
Supporting Findings:
• The lot size as modified permits a development plan that would otherwise be
infeasible while providing consistency with the LUC in terms of lot width,
building setbacks, and with enhanced architecture that provides appropriate
massing, scale, detail and articulation. The resulting project enhances the
established street pattern and character of the neighborhood with an intensity
of use that is consistent with the neighborhood and consistent with the
following policies:
• Policy LIV 6.2 — Seek Compatibility with Neighborhoods. Encourage design
that complements and extends the positive qualities of surrounding
development and adjacent buildings in terms of general intensity and use,
street pattern, and any identifiable style, proportions, shapes, relationship to
the street, pattern of buildings and yards, and patterns created by doors,
windows, projections and recesses. Compatibility with these existing elements
does not mean uniformity.
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Maldonado Subdivision P.D.P. Staff Reoort October8 2012
effect on the streetscape. Only the homeowners will be aware of this, and many people
would like smaller yards to take care of. In discussions with the neighbors, the concern
has not been that the property be divided into two lots, but that the new home on Lot 2
needs to be appropriate in size and character with the neighborhood.
d. Staff Evaluation and Analysis:
Land Use Code Modification Criteria:
"The decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with
the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard would,
without impairing the intent and purpose of this Land Use Code, substantially alleviate
an existing, defined and described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the proposed project would
substantially address an important community need specifically and expressly defined
and described in the city's Comprehensive Plan or in an adopted policy, ordinance or
resolution of the City Council, and the strict application of such a standard would render
the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such
as exceptional narrowness, shallowness or topography, or physical conditions which
hinder the owner's ability to install a solar energy system, the strict application of the
standard sought to be modified would result in unusual and exceptional practical
difficulties, or exceptional or undue hardship upon the owner of such property, provided
that such difficulties or hardship are not caused by the act or omission of the applicant;
or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that
are authorized by this Division to be modified except in a nominal, 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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by
specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4).
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Maldonado Subdivision, P.D.P. Staff Report October8 2012
Request for Modification — Section 4.8(13)(1), which addresses the requirement for
a minimum lot size of 5,000 square feet for a single-family dwelling.
a. The Standard At Issue:
Section 4.8(D)(1) of the Land Use Code states that:
"Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2)
times the total floor area of the building(s), but not less than the following: five thousand
(5,000) square feet for a single-family or two-family dwelling and six thousand (6,000)
square feet for all other uses. For the purposes of calculating density, "total floor area"
shall mean the total gross floor area of all principal buildings as measured along the
outside walls of such buildings, including each finished or unfinished floor level, plus the
total gross floor area of the ground floor of any accessory building larger than one
hundred twenty (120) square feet, plus that portion of the floor area of any second story
having a ceiling height of at least seven and one-half (7%) feet located within any such
accessory building located on the lot. (Open balconies and basements shall not be
counted as floor area for purposes of calculating density). "
b. Description of the Modification:
This is a Modification Request to Section 4.8(D)(1), which addresses the requirement
for a minimum lot size of 5,000 square feet (S.F.) for a single-family dwelling;
The applicant proposes a modification to this standard to permit two lot sizes of
4497 S.F. and 4496 S.F.
C. Summary of Applicant's Justification:
As part of the Statement of Planning objectives, the Applicant states that the project
complies with the City's high value to create infill development. On the 400 block of
North Whitcomb where the project is located, there are at least three lots per block that
are less than 5,000 square feet according to the Larimer County Assessor's Office. The
applicant contends that the proposal is consistent with the lot patterns of blocks in this
neighborhood and consistent with the goals and intent of the Eastside/Westside
Neighborhood Plan.
The Applicant states that the two lots directly north of,the subject property are 50 feet
wide, the same as the proposed two new lot widths, and that on the west side North
Whitcomb Street facing the subject property, the lots are 35 feet wide or 70 feet wide,
averaging 50 feet wide, which is the same as this proposal.
The Applicant states the existing house sits solidly in the middle of proposed Lot 1,
leaving proposed Lot 2 looking vacant. Over the years, people have often assumed it is
a separate lot, and the public already experiences this as an appropriate size lot in the
City. Because it is only the depth of the proposed lots that are, short, the depth has no
3
Maldonado Subdivision, P.D.P. Staff Report October B. 2012
RECOMMENDATION: Approval of the Project Development Plan and Three
Modifications of Standard
EXECUTIVE SUMMARY:
The Project Development Plan complies with the applicable standards of the N-C-M
zone district and the applicable General Development Standards of the Land Use Code,
pending the approval of the three Modifications of Standard. The three Modifications of
Standard requests were found to be justified by the criteria in Section 2.8.2(H) of the
Land Use Code.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: N-C-M;
Existing Single -Family Residential
S: N-C-M;
Existing Single -Family Residential
E: N-C-M;
Existing Two -Family Residential
W: N-C-M;
Existing Single -Family Residential
The project site is part of the Original Fort Collins Town Site Annexation, January 1st
1873.
2. Compliance with Applicable Article 4, Neighborhood Conservation, Medium
Density District N-C-M Standards:
A. Section 4.8(B)(2)(a) - Permitted Uses
Single-family dwellings are a permitted use in the N-C-M zone, subject to Administrative
Review and Public Hearing.
B. Section 4.8(D)(1) — Density/Intensity of Development
The project is in compliance with the minimum required lot area ratio of this section
requiring that the lots are two times the total floor area of the buildings. Section
4.8(D)(1) also requires that the lots be at least 5,000 square feet for single-family
dwellings; the project requests a Modification of Standard to this requirement permitting
two lots in which Lot 1 would contain 4,497 square feet and Lot 2 would contain 4,496
square feet. The following is an analysis of this modification request:
2
City of
Collins
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ITEM NO #' I Z00 Z 1
MEETING DATE G 01
STAFF hd
PROJECT: Maldonado Subdivision
Project Development Plan #120021
APPLICANT: Christine A. Maldonado
412 North Whitcomb Street
Fort Collins, CO 80521
OWNER: Christine A. Maldonado
412 North Whitcomb Street
Fort Collins, CO 80521
PROJECT DESCRIPTION:
HEARING OFFICER
This is a request to subdivide and plat an existing 9,009 square foot lot into two
separate lots. The existing lot is located on the 400 Block at 412 North Whitcomb
Street. The site is zoned N-C-M Neighborhood Conservation, Medium Density District.
Lot 1 would contain 4,497 square feet and Lot 2 would contain 4,496 square feet. An
existing single family detached home is situated on the future Lot 1. Lot 2 will be sold
for future construction of a new detached single family residence. Three Modifications
of Standard accompany this request.
The first modification request addresses Section 4.8(D)(1), which requires a minimum
lot size of 5,000 square feet for a single-family dwelling. The applicant proposes a
modification to this standard to permit two lot sizes of 4,497 square feet and 4,496
square feet.
The second and third modification requests are to 4.8(E) Dimensional Standards,
addressing building setbacks in Section 4.8(E)(3) and 4.8(E)(4), which require that
principal and accessory buildings maintain a minimum 15' rear setback and a 5' side
setback for dwellings. The applicant proposes a modification to permit a rear garage
setback of five feet and a side garage setback of zero feet.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750