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HomeMy WebLinkAbout224 WOOD ST. - ACCESSIBLE BUILDING W/HABITABLE SPACE - PDP/FDP - 8-10/A - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -in Project: ZZy 6Ajooc(- 3+ — Meeting Location: Date: C) i r PLEASE PRINT CLEARLY Name ddress Phone Email 1TCA-4 C►t-e 7-2y- \400 0 -i -O S5 ✓A,6c \ Irma cfl WOOD 72093gq3qW T Al J32Y+�ri �a C-77 910 - 9 w 0 224 Wood Street — Accessfj Building with Habitable Space POP, #8-100 Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 12 of 12 5. A Modification of Standard to Sections 4.8(E)(5) and 4.8(F)(2)(a)(1) to allow the building to be 2 stories instead of 1 '/z stories is approved, having been determined to meet the standards in Section 2.8.2(H)(1 of the Land Use Code per staffs evaluation. DECISION The 224 Wood Street — Accessory Building with Habitable Space Project Development Plan, # 8-10, is hereby approved by the Hearing Officer with the following condition: a note shall be added to the final plan stating that the accessory building will not be used in connection with a home occupation. Dated this 2nd day of June, 2010 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code ��- 6 ', Peter Barnes Zoning Administrator 224 Wood Street — Accessooilding with Habitable Space POP, #8-10 10 Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 11 of 12 Staffs Review of the Applicant's Request Staff has reviewed the applicant's requested Modification of Standard Requests against the criteria set forth in Section 2.8.2(H) of the Land Use Code. It is Staffs determination that the proposed structure meets the intent of "the standard for which the modification is requested equally well or better than would a plan which meets the standard (Criteria 2.8.2(H)(1)). The design of this structure is very similar to the example provided in the LUC in Division 4.7 and meets the other height requirements that apply to this type of structure. Staff recommends approval of the Modification of Standard Requests to Section 4.8(E)(5) and 4.8(F)(2)(a)(1) of the LUC, based on the criteria set forth in Section 2.8.2(H)(1). HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION After reviewing the 224 Wood Street Accessory Building with Habitable Space Project Development Plan, #8-10, Staff makes th`e 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, subject to an Administrative review and the requirements 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. 3. 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 the exception of: • Section 4.8(E)(4) which requires the minimum side interior yard setback be 5 feet. • Section 4.8(E)(5) and 4.8(F)(2)(a)1, which both address accessory buildings containing habitable space being limited to one and one-half (1 %2) stories. 4. A Modification of Standard to Section 4.8(E)(4) to reduce the required side yard setback along the south lot line from 5 feet to 1 foot is approved, having been determined to meet the standards in Sections 2.8.2(H)(1) and (3) per staffs evaluation. 224 Wood Street - Access•Building with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 10 of 12 containing habitable space being limited to one and one-half (1 '/2) stories. Applicants Justification: The proposed addition of an Accessory Building with Habitable Space at 224 Wood Street requires a modification to the existing Fort Collins Land Use Code section 4.8(E)(5) and 4.8(F)(2)(a)1. Our reason for the request is based on 2.8.2(H)(1): the plan and elevations submitted with a vaulted second floor will definitely promote the general purpose of an accessory building with habitable space much better than if we were to comply with the story and a half requirement. We feel the proposed building is aesthetically appealing, fitting to the neighborhood and existing vernacular, will be below the current height requirement of 24 -0" (4.8.(F)(2)(a)2), and adhere to the IX-0"eave height requirement (4.8(0(2)(b)1)- Existing site conditions force the building footprint to a one car garage instead of the typical two car garage (which is the larger percentage of these types of buildings). If we were to maximize the allowable 600 square footage per the story and a half requirement the building would become much longer and not as aesthetically appealing. Thus by reducing our building footprint and creating a vaulted second floor (while staying under the current height requirement) we are able to propose an accessory building with habitable space that lends itself to the main purpose of such buildings. Applicants Conclusion: Because of the preceding reasons we ask for the modification of the Fort Collins Land Use Code section 4.8(E)(5) and 4.8(F)(2)(a)1 allowing the proposed accessory building to have a vaulted second floor and not adhere to the story and a half requirements. Review of Modification Criteria - Section 2.8.2(H): The citation for the applicable review criteria for a Modification is as follows: "(H) Step 8 (Standards): Applicable, and 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. 224 Wood Street - Accessouilding with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 9 of 12 Review of Modification Criteria - Section 2.8.2(H): The citation for the applicable review criteria for a Modification is as follows: "(14) Step 8 (Standards): Applicable, and 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, and (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. Staffs Evaluation of Aoolicant'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 applicants request meets criteria 2.8.2(H)(1) and (3); due to "exceptional situations, unique to [the] property," the existing mature tree and the placement of the electrical service box "result in unusual and exceptional practical difficulties ... upon the owner of the property," and "the plan as submitted promotes the general purpose of the standard equally well or better than would a plan which complies with the standard for which the modification is requested." If the proposed structure met the applicable setback standards, while accommodating the physical characteristics of the site, the structure could not accommodate an adequate one car garage. The only way to meet the setback standards would be to remove the tree and move the electrical service box. It is Staffs determination that the setback infringement meets the intent of the standard equally well or better than a plan would that meets the standard. Staff recommends approval of the Modification of Standard Request to Section 4.8(E)(4) of the LUC, based on the criteria set forth in Section 2.8.2(H)(1) and (3). 2. The applicant is requesting a Modification of Standard to Section 4.8(E)(5) and 4.8(F)(2)(a)1, which both address accessory buildings 224 Wood Street — Accessor Building with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 8 of 12 This unique shape and traffic pattern greatly impact the accessory buildings location as the Appendix A': = 224 Wood Street Property Lines = = Alley, current visual size as of PDP submittal date O= Accessory Buildings not in compliance with current code as of PDP submittal date 224 Wood Street — AccessoRuilding with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 7 of 12 b) Existing location of City Electrical Service Box There is an existing city electrical service box located out of the current recorded easement... the current location of the box is approximately 20' 0" north of the south property line and 9.6" west of the east property line. The dimensions of the fence around the electrical box are 6' 6" x 6 -6" If the city was to move this electrical box to the recorded easement it would hinder the proposed building further since the recorded easement is 10' x 5' but roughly 1 '-6" south of the current location. Two scenarios would best fit the owners, neighborhood and city, (1) to leave the electrical box in its current location and allow the proposed building to move south into the side yard setback 4 =0" (as shown on the PDP site plan), thus putting no extra cost on the city to move the electrical box, or (2) move the electrical box north and east from its current location and record a new easement location. c) Existing location of neighboring Accessory buildings and Alley shape The aerial photo (Appendix `A) shows six neighboring lots with Accessory buildings located either within the 5' 0"side yard setback or the 9'-0" alley easement. Both lots to the north and south of 224 Wood Street have their accessory buildings located either on the property line or within 1=61of it. Furthermore, this proposed accessory building will greatly improve the appearance of the alley compared to the existing accessory buildings grandfathered in. The alley is uniquely shaped like a "T" with the two top ends of the 7" continuing north to Maple Street. 224 Wood Street is located on the west side of the alley where it first starts to "T" Over years of automobile travel the alley has crept its way into and through the northeast corner of the property. Even the currently located electrical service box has a bollard on the northeast corner to protect it from alley traffic. 224 Wood Street — Access*Building with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 6 of 12 ii. Eave Height — The proposal is consistent with the eave height requirements in this section. The code limits the eave height to be 13' or less, the proposal is for a 13' eave height. 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 1680 s.f., significantly exceeding the minimum area required; ii. The door into the upstairs of the building and the upstairs windows are screened from the neighboring property by the large tree located to the north of the structure; and iii. The building's location has been proposed to accommodate the preservation of a significant tree on the site. B. Modification of Standard Requests As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Administrative Hearing Officer may grant a modification of standards only if he/she finds that the granting of the modification would not be detrimental to the public good and meets one of the criteria set forth in Section 2.8.2(H)(1)-(4). 1. The applicant is requesting a Modification of Standard to Section 4.8(E)(4), which addresses the minimum interior side yard setback. Applicant's Justification: The proposed addition of an Accessory Building with Habitable Space at 224 Wood Street requires a modification to the existing Fort Collins Land Use Code section 4.8(E)(4) based on many exceptional physical conditions and hardships per 2.8.2(H)(3). It would be extremely difficult and unfavorable to the owners and the neighborhood if the proposed building was located based on the current setbacks and easements. The following conditions directly impact the ability to locate the proposed building as per the current standards and should be considered towards approval of this modification request: a) Existing location of a mature Hackberry tree There is an existing mature Hackberry tree located 12' 0" south of the north property line and 33' 6" west of the east property line. The tree's diameter is approximately 2' On It is the owners and neighborhoods best interest to keep this tree. With consultation from a local arborist, he suggested the proposed building should be located as far south and east of the tree as possible in order to preserve the root system and not kill the tree. 224 Wood Street — Accessorpuilding with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 5 of 12 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 342 s.f. and the second story is 258 s.f., for a total floor area of 600 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 0.207, 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, with the exception of the interior lot line setback of 5' along the south property line. This will be discussed further in the Modification of Standard section of this report. 3. Section 4.8(F) — Development Standards a. Building Design — The proposal complies with the applicable standards in this section, more specifically: i. all exterior walls that are greater than 6' in length are parallel to the lot lines; ii. the accessory structure is setback 48' from the principle structure, exceeding the 10' setback requirement; 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 Y2) 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 level, and in which space the possible floor area with head room of five (5) feet or less occupies at lease 40% of the total floor area of the story directly beneath." The proposed structure does not meet this standard, please see the Modification of Standard section of this report for further analysis. This section also limits the height of accessory buildings with habitable space to not exceed 24'. The proposed building is 21' 10". 224 Wood Street —Accessory Building with Habitable Space PDP, #8-10 Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 4 of 12 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 1. Section 3.2.1 - Landscaping and Tree Protection The proposal complies with Section 3.2.1(E)(2) Landscape Area Treatment in that the nothing in the back yard is proposed to change. The existing mature trees and irrigated turf will remain on the site. 2. 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 two off-street parking spaces since the lot has less than 40 feet of street frontage. One (1) parking space will be provided within the accessory building with habitable space and the other is provided on the existing driveway that runs adjacent to the house. 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 accessory building with habitable space is to be 21' 10" 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 4.8 — 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. 224 Wood Street — Accessorpuilding with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 3 of 12 FACTS AND FINDINGS The 224 Wood 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. The applicant is requesting a Modification of Standard to Section 4.8(E)(4) of the LUC, which requires the minimum side interior yard setback be 5 feet. Staff is recommending approval of this Modification Request based on the criteria set forth in Section 2.8.2(H)(1) and (3) of the LUC. The applicant is requesting a Modification of Standard to Section 4.8(E)(5) and 4.8(F)(2)(a)l, which both address accessory buildings containing habitable space being limited to one and one-half (1 '/) stories. Staff is recommending approval of this Modification Request based on the criteria set forth in Section 2.8.2(H)(1) of the LUC. COMMENTS: 1. Background The surrounding zoning and land uses are as follows: N: NCM; 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 and annexed in the West Side Addition Annexation in 1887. 2. ARTICLE 3 — General Development Standards The 224 Wood 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 224 Wood Street - Accessory Building with Habitable Space PDP, #8-10 Administrative Hearing, Findings, Conclusions, and Decision June 2, 2010 Page 2 of 12 STAFF RECOMMENDATION: Approval of Modification of Standard Requests 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on May 26, 2010 in 281 North College Avenue NSVenti Conference Room, 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, Planner From the Applicant: Bryan Soth, HighCraft Builders Sean Tomlinson, Tomlinson Designs Mitchell and Vicky Green, owners, 224 Wood Street From the Public: None Written Comments: None 224 Wood Street — Accessouilding with Habitable Space PDP, #8-10 • Administrative Hearing, Findings, Conclusions,. and Decision June 2, 2010 Page 1 of 12 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: May 26, 2010 224 Wood Street — Accessory Building with Habitable Space Project Development Plan F:: e HighCraft Builders 429 S. Howes Fort Collins, CO 80521 Mitchell and Vicky Green 224 Wood Street Fort Collins, CO 80521 Peter Bames Zoning Administrator This is a request for an accessory structure with habitable space to be located on the rear of a lot at 224 Wood Street. The property is located in the Neighborhood Conservation Medium Density (NCM) zone district. The first floor (approximately 350 square feet) of the proposed structure will be used as a one car garage and the second floor (approximately 250 square feet) will have a personal workspace and bathroom. The City's Land Use Code (LUC) defines "habitable space" as "any building with water and/or sewer service" in the NCM zone district (LUC, Section 4.8(D)(3)). In this case, habitable space does not mean a dwelling unit. The proposed use is permitted in the NCM zone district subject to administrative review (LUC, Section 4.8(13)(2)(c)1). SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: NCM — Neighborhood Conservation Medium Density HEARING OFFICER DECISION: Approval with condition n U Planning, Developmok & Transportation Services Fort of June 2, 2010 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.cam Attendee of the 224 Wood Street —Accessory Building with Habitable Space, project Development Plan (PDP) - #8-10 Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for 224 Wood Street —Accessory Building with Habitable Space PDP - #8-10. 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 June 2, 2010 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Wednesday, June 16, 2010. 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 416-2355. Sincerely, 4 a4A-tj. Peter Barnes Zoning Administrator