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HomeMy WebLinkAbout731 W. OLIVE ST., ACCESSORY BUILDING W/HABITABLE SPACE - PDP - 24-09 - DECISION - MINUTES/NOTESProje Meeti Date: Administrative Public Hearing Sian -In 3 UJ S�- ng Location:a�--0 l0 PLEASE PRINT CLEARLY .. a. . _ - _ L, ,, A, , -AVr- f 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 7 of 7 2. The weight of the evidence established that the project complies with the applicable General Development Standards contained in Article 3 of the Land Use Code with all due respect to the concerns expressed by those opposed to the project. 3. The weight of the evidence established that the project complies with all applicable Land Use and Development Standards contained in Article 4, Division 4.7 of the Land Use Code with all due respect to the concerns expressed by those opposed to the project. 4. The proposal is in conformance with the City's adopted West Side Neighborhood Plan. 5. The immediate surrounding area represents one of the most attractive and charming neighborhoods in the entire City of Fort Collins. Indeed as the City grows out to the edges of the Growth Management Area with new development patterns and housing types, the stability and stature of this neighborhood only gain in prestige. Sensitivity to new development is understandable and public testimony related to preserving the existing character of the neighborhood is respectfully acknowledged. Further, the Hearing Officer acknowledges that the request for water and sewer service did not coincide with the construction of the garage. While this may be regrettable, and may have damaged neighborly relations, it does not cause the project to fall out of compliance with applicable standards. The new garage, with water and sewer services, while representing a new condition in the neighborhood is found to be designed in a complementary manner with the neighborhood. The request, therefore, is found to be compatible when considered within the context of the surrounding area. DECISION The 731 West Olive Street — Accessory Building with Habitable Space, Project Development Plan (PDP) is hereby approved by the Hearing Officer without condition. Dated this 21 st of October 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepard Chief Planner 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 6 of 7 4. West Side Neighborhood Plan The property at 731 West Olive Street is identified in the West Side Neighborhood Plan as an area to retain or convert to single family residential. This proposal complies with the land use vision for the Single Family Area in that while it is new construction, it is intended as an accessory use to serve the existing single-family residence. The character and architectural style will mimic the existing historic "bams," or accessory structures along the alleys in this neighborhood. The accessory building with habitable space will not be a dwelling unit, and accessory uses are stated as suitable land uses in this area. 5. Testimony at the Public Hearing At the hearing, public testimony was provided. Citizens expressed both support and opposition for the project. Those in support stated that the existing garage was attractive, well - designed and architecturally compatible with the house. The structure was found to be sensitive to the neighborhood and would add value to the surrounding homes. Those in opposition stated that since the garage exists, asking for water and sewer service at this time is out of sequence. The request should have been submitted prior to construction. Testimony was provided that water and sewer services have already been extended to the structure but lacked only final connections. In response, the applicant verified that this is correct. Citizens opposed also expressed concern about additional dust created by vehicles gaining access to the garage via the unpaved alley. Finally, there was a concern that the garage represents a change in character of the neighborhood by seriously diminishing the size of the backyard and fundamentally altering the historic pattern of houses, garages, yards and overall neighborliness of the area. SUMMARY OF CONCLUSIONS After reviewing the 731 West Olive Street Accessory Building with Habitable Space Project Development Plan, #24-09, the Hearing Officer makes the following findings of fact and conclusions: 1. The proposed land use is permitted in the NCL — Neighborhood Conservation, Low Density Zone District of the Land Use Code. 731 West Olive Street — Au,essory Building with Habitable Space, PM Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 5 of 7 the maximum building height of one and one-half (1 '/2) story, per Section 4.7(E)(5). 3. Section 4.7(F) — Development Standards This proposal satisfies all applicable development standards in the NCL District, described in detail below. A. Building Design The accessory building with habitable space design complies with the minimum front yard setback specified in Section 4.7(F)(1)(c), as well as the roof pitch as described in Section 4. 7(F) (1) (g). B. Bulk and Massing Maximum building height per Section 4.7(F)(2)(a) — Building Height is 1 '/2 stories (24 feet) for accessory buildings with habitable space. The proposed accessory building with habitable space is 19 feet 11 inches in height. Per Section 4.7(F)(2)(b)(1) — Eave Height, the exterior eave height will not exceed thirteen feet from grade. The proposed accessory building with habitable space will have an eave height of 9 feet 1 1/8 inches from grade. C. Carriage Houses and Habitable Accessory Building with Habitable Spaces The proposed accessory building with habitable space will contain habitable space as water and sewer service will be extended from the existing residence. 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. This proposal complies with the standards in Section 4.7(F)(3)(c), in that a separate yard area containing at least 120 square feet is provided for the accessory building, separate from that of the primary structure; the major entries and windows do not face an abutting side or rear yard; and existing significant trees will be maintained. 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 4 of 7 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 new accessory building with habitable space is to be 20 feet 10 inches in height. The size, massing, height and design of the building are consistent with other accessory buildings in the neighborhood. The design is intended to emulate the character of the historic structures in the area. 3. ARTICLE 4 - Districts A. Division 4.7 — Neighborhood Conservation Low Density District Accessory Buildings with Habitable Space are permitted in the NCL — Neighborhood Conservation Low Density Zoning District, subject to an administrative (Type 1) Review. This proposal complies with the purpose of the NCL District as it is an infill project with an accessory habitable building designed to complement and serve the existing residence. 1. Section 4.7(D) — Land Use Standards The proposed accessory building with habitable space will contain 598 square feet of floor area. Per Section 4.7(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. This proposal complies with Section 4.7(D)(5) - Floor Area Ratio, in that the Floor Area Ratio (FAR) on the rear fifty percent of the lot is 0.18, and the maximum FAR permitted on the rear fifty percent of the lot is 0.33. 2. Section 4.7(E) — Dimensional Standards This proposal satisfies all applicable dimensional standards in the NCL District, more specifically the minimum side yard and rear yard setback requirements described in Section 4.7(E)(3) and (4), and 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 3 of 7 Written Comments: None FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: N: NCL; existing single-family residential S: NCL; existing single-family residential E: NCL; existing single-family residential W: NCL; existing single-family residential This property was annexed and platted in the Loomis Addition in 1887. 2. ARTICLE 3 — General Development Standards The 731 West Olive 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. A. Division 3.2 — Site Planning and Design Standards Section 3.2.1 - Landscaping and Tree Protection The proposal complies with Section 3.2.1(E)(2) Landscape Area Treatment in that the Landscape Plan provides for landscaping in the areas that are not covered by the building or paving. The existing mature tree will remain on the site and the landscaping around the accessory building with habitable space will include irrigated turf and existing shrubs. 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. Two parking spaces will be provided within the accessory building with habitable space. 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 Page 2 of 7 SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: The site is zoned N-C-L, Neighborhood Conservation Low Density and is within the West Side Neighborhood Plan. STAFF RECOMMENDATION: Approval 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 6:00 p.m. on October 14, 2009 in Council Chambers, 300 LaPorte 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: Ted Shepard, Chief Planner and Emma McArdle, City Planner From the Applicant: Steve Whittall From the Public: Myrne Watrous Beth Edens Connie Werner Norine Powell Jeannine Eckles Laura Olive Gaebler James & Ruth McBeth Barbara Hoehn Della Bustos 731 West Olive Street — Accessory Building with Habitable Space, PDP Administrative Hearing Findings, Conclusions, and Decision October 14, 2009 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: October 14, 2009 731 West Olive Street — Accessory Building with Habitable Space, Project Development Plan (PDP) #24-09 Steve Whittall By Design Home, LLC 400 Whedbee Street Fort Colins, CO Rodney G. Clough 731 W. Olive Street Fort Collins, CO Ted Shepard Chief Planner This is a request for an accessory structure with habitable space located on the rear of a lot at 731 W Olive Street. This structure will be used as a garage; the reason it is considered to have "habitable space" is because it will have water and sewer lines extended to the structure. The property is located in the Neighborhood Conservation Low Density (NCL) zone district. The proposed use is permitted in the NCL zone district subject to administrative review (Land Use Code, Section 4.7(13)(2)(c)1). Frof t Collins October 22, 2009 Planning, Development and Transportation Services Current Planning 281 N. College Avenue PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/Currentp/anning Attendee of the Project, 731 W. Olive Accessory Building with Habitable Space Project Development Plan, # 24-09, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project, 731 W. Olive Accessory Building with Habitable Space Project Development Plan, # 24-09. 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 11, Division 3 of the City Code, within 14 calendar days of the date of final action November 4, 2009 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Wednesday, November 4, 2009. 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 221-6343. Sincerely, Ted Shepard Chief Planner