HomeMy WebLinkAbout128 N. SHERWOOD ST. - ACCESSORY BLDG. W/HABITABLE SPACE - PDP/FDP - 7-10/A - DECISION - MINUTES/NOTESAdministrative Review 128 N. Sherwood
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128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 7 of 7
SUMMARY OF CONCLUSIONS
A) The proposed land use is permitted in the NCM— Neighborhood
Conservation, Medium Density Zone District of the Land Use Code.
B) The Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
C) 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(D)(3) Accessory Buildings with Habitable Space (or
Potential Future Habitable Space)
D) A Modification of Standard is requested for Section 4.8(D)(3), Staff
recommends approval of this request.
DECISION
128 North Sherwood — Accessory Building with Habitable Space Project Development
Plan, # 7-10 is hereby approved by the Hearing Officer.
Dated this 12th day of May, 2010 per authority granted by Sections 1.4.9(E) and 2.1 of
the Land Use Code.
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Ted Shepard
Chief City Planner
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 6 of 7
existing first floor and 449 square feet to be located on the proposed
second floor, while making no exterior changes to the existing building.
Applicant's Justification:
The objective is not detrimental to the public good and will promote the
general standard equally well because there are no exterior or structural
changes to the already existing Accessory Building in the rear of the lot.
The property is directly adjacent to a 2 story apartment complex and
many properties within the block already have detached accessory
buildings with more than 600sft. Modification to 4.8(D)(3) of FC LUC is
requested using 2.8.2 H(1) criteria.
Staffs Evaluation of Applicant'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 applicant's request to
increase the floor area of the proposed accessory building with habitable
space by 449 square feet to be "nominal and inconsequential" when
"considered from the perspective of the entire development." This
proposed second story, which will increase the floor area beyond the
allowed 600 square feet, will make no exterior changes to the site and the
applicant's, intended workshop use will not impact the surrounding
neighborhood anymore than what is there currently. Therefore, Staff
recommends approval of this Modification of Standard Request.
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 5 of 7
1. Section 4.8(D) — Land Use Standards
The existing accessory building, which was built in early 2009, has 598
square feet of floor area. The proposed second story will add 449 square
feet of floor area, making the total square footage of the structure 1047
square feet. Per Section 4.8(D)(3) —Accessory Buildings with Habitable
Space, 600 square feet is the maximum floor area permitted for
Accessory Buildings with Habitable Space located behind a street -fronting
principal building. The applicant has submitted a Modification of Standard
Request to this requirement. This will be discussed further in a
subsection B of this section.
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 0.303, and
the maximum FAR permitted on the rear fifty percent of the lot is 0.33.
2. Section 4.8(E) — Dimensional Standards
The placement of the structure was reviewed at the time of building
permit in 2008. This proposal makes no changes to the exterior of the
structure.
3. Section 4.8(F) — Development Standards
The design and massing of this structure were reviewed at the time of
building permit in 2008. This proposal makes no changes to the structure
to impact its compliance with these standards.
The proposed bathroom in this structure is what makes this accessory
building an "accessory building with habitable space." The LUC states
that: "an accessory building with water and/or sewer service shall be
considered as containing habitable space." Habitable space does not
mean a dwelling unit, but rather, space intended to serve for human
occupancy. The proposed accessory building with habitable space will be
used for a garage, storage and a workshop area.
B. Request for Modification of Standard
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).
The applicant is requesting a Modification of Standard to Section
4.8(D)(3), which requires accessory buildings with habitable space have a
maximum floor area of 600 square feet. The applicant is requesting an
additional floor area of 447 square feet; 598 square feet is located on the
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 4 of 7
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 one off-street parking space since
the lot has more than 40 feet of street frontage. At least 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
The accessory building is existing, the proposal is to add a second floor,
and there are no proposed exterior changes to the structure. The existing
structure was built in 2009 and was approved by the all applicable
departments at that time. Please seethe attached Workflow History,
showing the comments made by each reviewing department.
A "Stop Work Order" was posted at the subject property on March 4, 2010
and two "Building Code Violation" notifications were sent to the applicant
on March 24, 2010 and April 5, 2010 because the applicant was building
the 2"d story without a permit. (These three documents are included in
the attachments to this report.) Since then the applicant has submitted
this application to the City for review.
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
addition to an existing accessory building, designed to serve the existing
residence, and the proposal will not change the nature of the existing single-
family lot the building resides on.
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 3 of 7
FACTS AND FINDINGS
The 128 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.
o The applicant is requesting a Modification of Standard to Section
4.8(D)(3) of the LUC, which limits the square footage of an accessory
structure to 600 square feet square feet. The applicant is proposing a
second floor with 449 square feet; the existing structure is 598 square
feet. The total square footage is proposed to be 1047 square feet.
COMMENTS:
1. Background
This property was annexed in the Original Town Site Annexation in 1873 and
platted as Lot 12 of Block 51 of the Fort Collins1873 Map.
2. ARTICLE 3 — General Development Standards
The 128 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
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.
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 2 of 7
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 approbmately 5:30 p.m. on May 10, 2010 in 281 North College Avenue
Conference Room A-C, 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:
Ted Shepard, Chief Planner
Emma McArdle, Planner
From the Applicant:
Jan Krucky, 128 N Sherwood, Fort Collins, CO 80522
From the Public:
Dan George, 425 W Mountain Avenue, Fort Collins, CO 80522
Heather Bean, 214 N Whitcomb Street, Fort Collins, CO 80522
Kathleen Konen, 121 N Sherwood Street, Fort Collins, CO 80522
Glenn Konen 121 N Sherwood Street, Fort Collins, CO 80522
Ruth Rollins, 5029 Crest Road, Fort Collins 80524
Written Comments:
The applicant provided a list of eleven (11) neighbors that are in support of the
proposal. See Attached.
128 N. Sherwood Accessory Building & Habitable Space Project Development Plan, #7-10
Administrative Hearing, Findings, Conclusions, and Decision
May 12, 2010
Page 1 of 7
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 10, 2010
128 North Sherwood —Accessory
Building and Habitable Space
Project Development Plan
#7-10
Jan Krucky
128 N. Sherwood
Fort Collins, CO 80522
Same as applicant
Ted Shepard
Chief City Planner
This is a request for an accessory structure with habitable space located on the rear of a
lot at 128 North Sherwood Street. The property is located in the Neighborhood
Conservation Medium Density (NCM) zone district. The accessory structure is existing
and is currently used as a work shop. The proposal includes the addition of a bathroom
facility and a second level with no exterior or structural changes. 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 proposal also includes a modification request to the square
footage limitation of 600 square feet for accessory structures, the lower, existing level is
598 The proposed use is permitted in the NCM zone district subject to administrative
review (LUC, Section 4.8(B)(2)(c)1).
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: The parcel is zoned N-C-M
STAFF RECOMMENDATION: Approval of the Modification of Standard Request
to Section 4.8(D)(3), and
Approval of the 128 North Sherwood Street
Accessory Building with Habitable Space, Project
Development Plan — #7-10.