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Home My WebLink About725 S. TAFT HILL RD. - MOD. OF STANDARDS - 41-01 - REPORTS - RECOMMENDATION/REPORTModification of Standards for 725 South Taft Hill Rd., File #41-01 October 18, 2001 P&Z Meeting Page 5 C. Strict application of the standard sought to be modified in modification request #1 would result in unusual and exceptional practical difficulties due to physical conditions unique to such property because the building already exists less than 15 feet away from the north property line, and would therefore require the building to be moved in order to satisfy the standard. D. Granting the requested modification #2 would not be detrimental to the public good because the site deviates further from the standard in it's current situation with one dwelling unit than it does if the modification is granted and two units are provided. E. Strict application of the standard sought to be modified in modification request #2 would result in unusual and exceptional practical difficulties due to physical conditions unique to such property because the only way to satisfy the standard would be to develop a third dwelling unit on the property, and the applicant is not proposing to develop any new structures, just change the use of the existing structures. Findings Choice B — Denial of the Setback Modification / Approval of the F. The requested modifications of standards for 725 South Taft Hill Rd., File #41-01 are subject to review by the Planning and Zoning Board. G. Strict application of the standard sought to be modified in modification request #1 does not constitute unusual and exceptional practical difficulties due to physical conditions unique to such property. H. Granting the requested modification #2 would not be detrimental to the public good because the site deviates further from the standard in it's current situation with one dwelling unit than it does if the modification is granted and two units are provided. I. Strict application of the standard sought to be modified in modification request #2 would result in unusual and exceptional practical difficulties due to physical conditions unique to such property because the only way to satisfy the standard would be to develop a third dwelling unit on the property, and the applicant is not proposing to develop any new structures, just change the use of the existing structures. 6. RECOMMENDATION: Staff recommends that the board consider the modification request to section 3.5.2(D)(3) and that the board approve the modification request to section 4.5(D)(1) of the Land Use Code. Modification of Standards for 725 South Taft Hill Rd., File #41-01 October 18, 2001 P&Z Meeting Page 4 Cons On the other hand, the board may decide that that there really is not hardship in this situation. The question to decide is whether or not the fact that the proposed change of use of an accessory structure that doesn't meet current setback standards from an accessory use to a residential unit constitutes "unusual and exceptional practical difficulties due to physical conditions unique to such property." If the board feels that the request does not, they could make the finding that the criteria available to the board for granting modifications is not being satisfied. (B) Modification Request #2 — 4.5 (D) (1) — This section of the Land Use Code requires residential developments that are in the infill area, 20 acres or less, and in the MMN zone district to have an overall minimum average density of seven (7) dwelling units per net acre of residential land. The property is currently one 0.39 acre parcel with one dwelling unit, which is equates to a density of 2.6 units per acre. The applicant does not intend to propose any new buildings, but rather intends to change the use of the existing garage building to a residence and to plat the property in such a way as to split the single lot into two separate lots. Such a scenario would only bring the density of the property to 5.1 units per acre, which still falls short of the minimum required average density of 7 units per acre. Staff finds that the granting of modification request #2 would not be detrimental to the public good because the site deviates further from the standard in it's current situation with one dwelling unit than it does if the modification is granted and two units are provided. Staff finds that the strict application of the standard sought to be modified in modification request #2 would result in unusual and exceptional practical difficulties due to physical conditions unique to such property because the only way to satisfy the standard would be to develop a third dwelling unit on the property, and the applicant is not proposing to develop any new structures, just change the use of the existing structures. 5. FINDINGS OF FACT/CONCLUSION: Findings Choice A — Granting of both Modifications A. The requested modifications of standards for 725 South Taft Hill Rd., File #41-01 are subject to review by the Planning and Zoning Board. B. Granting the modification request #1 would not be detrimental to the public good, because there is over 35 feet of front yard space between the building and the Orchard Street right-of-way, which will provide such intended usable yard space. Modification of Standards for 725 South Taft Hill Rd., File #41-01 October 18, 2001 P&Z Meeting Page 3 (b) the proposed project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan, adopted policy, ordinance or resolution, or (c) strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional hardship due to exceptional physical conditions unique to such property. 3. APPLICANT'S REQUEST The applicant has proposed that the modification requests meet the requirements of LUC 2.8.2 Modification Review Procedures (H) Step 8 (Standards). Please see the attached applicant's written statement. 4. ANALYSIS OF MODIFICATION REQUEST (A) Modification Request #1 - 3.5.2 (D) (3) - this section of the Land Use Code requires that rear yard setbacks in residential areas shall be a minimum of fifteen feet from the rear property line;. The existing garage building is roughly 2.8 feet away from the rear property line. The applicant proposes to reduce the applicable rear yard setback for the building as a residential unit from 15 feet to 2.8 feet. Pros One aspect of the public good that is intended to be served by this standard is to allow residential units to have at least a minimal amount of usable yard space. One argument that could be made is that the granting of modification request #1 would not be detrimental to the public good, because there is over 35 feet of front yard space between the building and the Orchard Street right-of-way, which will provide such intended usable yard space. The argument could also be made that the strict application of the standard sought to be modified in modification request #1 would result in unusual and exceptional practical difficulties due to physical conditions unique to such property because the building already exists less than 15 feet away from the north property line, and would therefore require the building to be moved in order to satisfy the standard. Modification of Standards for 725 South Taft Hill Rd., File #41-01 October 18, 2001 P&Z Meeting Page 2 COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: RL — Existing single-family housing along South Taft Hill Road, NW: LMN — Existing mobile home park, W: MMN — Existing multifamily housing, SW: MMN — Existing multifamily housing, S: MMN — Orchard Place, vacant lot, E: MMN — Taft Hill Road, existing townhouses, vacant land (future regional detention pond), The property is west of South Taft Hill Road, and north of Orchard Drive, It was annexed into the City as part of the West Fort Collins Annexation (August 1967). The property at 725 South Taft Hill Road consists of a primary residence and an out- building which was constructed as a large garage with the original house in 1954. At some point in the past, the previous owners attempted to convert the garage building to a single family residence, but did not obtain the proper permits. The applicant and present property owner would like to legitimately convert the garage building to a single family residence. The Land Use Code specifies that changes in use of a property are permitted, but only to properties that have been or are being platted. In order to proceed with any change of use for the garage building, the property must first be platted. Before the applicants proceed with submitting an application to plat the property (which is the first step toward changing the use of the garage building), they would like to get a decision by the Planning and Zoning Board as to whether they may deviate from the standards in the LUC in the two areas where the modifications are hereby requested. 2. THE MODIFICATION PROCESS (A) Section 2.8.2(H) of the LUC specifies that in order to approve a modification the Planning and Zoning Board must find that: (1) the granting of the modification is not detrimental to the public good, and (2) the plan as submitted will: (a) advance or protect the public interests and purposes of the standard equally well or better than would a plan that satisfies the standard, or ITEM NO. 2 MEETING DATE 10/18/01 STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Modification of Standards for 725 South Taft Hill Rd., File #41-01 OWNER/APPLICANT: Russell Johnson & Carolyn Haynes 1753 Bedford Cr. Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request to modify two specific sections of the Land Use Code for an upcoming replat application. One request is to reduce the required rear yard setback for a residential structure, and the other request is to deviate from the required minimum density in the MMN zone district. RECOMMENDATION: Staff recommends that the board consider the modification request to section 3.5.2(D)(3) and that the board approve the modification request to section 4.5(D)(1) of the Land Use Code. EXECUTIVE SUMMARY: This is a request for modification to the following two sections of the Land Use Code: (1) 3.5.2 Residential Building Standards (D) Residential Building Setbacks (3) Side and Rear Yard Setbacks - this section of the Land Use Code requires that rear yard setbacks in residential areas shall be a minimum of fifteen feet from the rear property line; and (2) 4.5 Medium Density Mixed -Use Neighborhood District (D) Land Use Standards (1) Density — This section of the Land Use Code requires residential developments that are in the infill area, 20 acres or less, and in the MMN zone district to have an overall minimum average density of seven (7) dwelling units per net acre of residential land. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT