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HomeMy WebLinkAbout1635 S. LEMAY AVE. - MODIFICATION OF STANDARD - 7-07 - REPORTS - RECOMMENDATION/REPORTModification of Standard - 1635 South Lemay Avenue - Filing #7-07 March 21, 2007 Administrative Public Hearing Page 6 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modification of the Standard in Section 3.2.2(K)(2)(a) of the Land Use Code for the 1635 South Lemay Avenue - Request for a Modification of Standard is subject to an Administrative (Type 1) review. B. Granting the requested modification would not be detrimental to the public good. C. The requested Modification of Standard in Section 3.2.2(K)(2)(a) and the Conceptual Site Plan (Exhibit A) as submitted is supported by the criteria set forth in Section 2.8.2(H)(3) of the LUC, based on a hardship due to exceptional physical conditions unique to this property. - The existing structure, containing 1,008 square feet of leasable floor area, is of a size that is sufficient to accommodate the proposed beauty salon operation without having to enlarge the building. The strict application of the standard set forth in Section 3.2.2(K)(2)(a) would result in unusual and exceptional practical difficulty or undue hardship upon the Applicant of such property because it would limit the operational potential for the proposed business based on the maximum amount of parking allowed unless the building were enlarged. This could have a potential adverse impact on the required buffer to Spring Creek, just to the south. Therefore, staff has determined that there is sufficient justification to grant the modification of the standard as requested, based on the criteria set forth in Section 2.8.2(H)(3) of the LUC. D. This request is only for a modification of the specific standard in Section 3.2.2(K)(2)(a) of the LUC. The applicant has not yet submitted a PDP proposal for a change -of -use on the property (from single-family residential to beauty salon) to be reviewed by the City. When submitted, the PDP will be reviewed, and a determination will be made, separate from this, request for a modification of standard. 6. RECOMMENDATION: Staff recommends approval of the Modification -of Standard in Section 3.2.2(K)(2)(a) of the Land Use Code (including the Conceptual Site Plan) for the 1635 South Lemay Avenue - Request for a Modification of Standard - #7-07. Modification of Standard - 1635 South Lemay Avenue - Filing #7-07 March 21, 2007 Administrative Public Hearing Page 5 4. STAFF'S ANALYSIS OF MODIFICATION REQUEST Section 3.2.2(K)(2)(a) of the LUC sets forth the requirement that "Nonresidential uses will be limited to a maximum number of parking spaces as defined by the standards defined below." (a) The (partial) table below sets forth the number of allowed parking spaces based on the square footage of the gross leasable floor area and of the occupancy of specified uses. Use I Maximum Parkin Personal Business and Service Shop 4 spaces / 1,000 square feet The Applicant's expressed intent is to submit a PDP request for a change -of -use on the property at 1635 South Lemay Avenue from an existing single-family residence to a beauty salon employing 3 - 4 hair stylists. Each stylist could possibly have a client in her / his chair at the same time as the others, creating a need for 8 parking spaces on the property at any given time. The existing building is 1,008 square feet in size (excluding the basement to be used for storage only), which allows for only 4 parking spaces on the property. The Applicant has included a Conceptual Site Plan (showing the buildings, parking, and driveways) that proposes 8 parking spaces associated with the potential beauty salon on the property. In reviewing the proposed conceptual plan for purposes of determining whether it accomplishes the purposes of this section as required, Staff has determined that: Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the LUC. The Conceptual Site Plan (Exhibit A) as submitted by the Applicant is a result of an exceptional situation and physical condition unique to this property. The existing structure, containing 1,008 square feet of leasable floor area, is of a size that is sufficient to accommodate the proposed beauty salon operation without having to enlarge the building. The strict application of the standard set forth in Section 3.2.2(K)(2)(a) would result in unusual and exceptional practical difficulty or undue hardship upon the Applicant of such property because it would limit the operational potential for the proposed business based on the maximum amount of parking allowed unless the building were enlarged. This could have a potential adverse impact on the required buffer to Spring Creek, just to the south. Therefore, staff has determined that there is sufficient justification to grant the modification of the standard as requested, based on the criteria set forth in Section 2.8.2(H)(3) of the LUC. Modification of Standard - 1635 South Lemay Avenue - Filing #7-07 March 21, 2007 Administrative Public Hearing Page 4 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. " The Applicant has proposed that the modification of the standard would not be detrimental to the public good and that it meets the requirements of Section 2.8.2(H)(3) of the LUC. 3. APPLICANT'S REQUEST (in Times New Roman font) Application for Modification of Standards The attached application is a request to allow additional parking at 1635 South Lemay Avenue in Fort Collins. The maximum parking allowance for non-residential development is set forth in Section 3.2.2(K-)(2)(a) of the City's Land Use Code (LUC). Maximum parking spaces are based on the number of spaces per square feet of the gross leasable floor area in the structure. In this case, the structure is 1008 square feet for the business, with 700 additional square feet in the garden -level basement, which will be used for storage. Based on the parking allowance as stated in the LUC, for Personal Business and Service Shops, a total of 4 spaces per 1000 square feet would be allowed. Our proposed business plan is the operation of an up -scale beauty salon with private rooms for 3 or 4 stylists and their clients. We are therefore requesting the availability of 8 parking spaces: 4 located at the rear of the building for employees and handicap access, and 4 located in the front for clients (please see attached drawing). This request is in accordance with the city's Modification of Standards, Section 2.8.2(H)(3). The section states that "exceptional or undue hardship" is criteria for modification of standards. We would not be able to conduct this business under the existing restrictions, as the costs to operate require 3 full-time employees with clients. We want to maintain the integrity of the building's architecture as well as reduce the visual impact from the street. We feel this would be the best plan for the surrounding area as well as the proposed business. We are committed to making the property a beautifully improved addition to the neighborhood. Thank you for your consideration. Modification of Standard - 1635 South Lemay Avenue - Filing #7-07 March 21, 2007 Administrative Public Hearing Page 3 "Nonresidential uses will be limited to a maximum number of parking spaces as defined by the standards defined below." (a) The (partial) table below sets forth the number of allowed parking spaces based on the square footage of the gross leasable floor area and of the occupancy of specified uses. Use I Maximum Parkin Personal Business and Service Shop 4 spaces / 1,000 square feet The Applicant's expressed intent is to submit a PDP request for a change -of -use on the property at 1635 South Lemay Avenue from an existing single-family residence to a beauty salon employing 3 - 4 hair stylists. Each stylist could possibly have a client in her / his chair at the same time as the others, creating a need for 8 parking spaces on the property at any given time. The existing building is 1,008 square feet in size (excluding the basement to be used for storage only), which allows for only 4 parking spaces on the property. The Applicant has submitted a request for a Modification of Standard to Section 3.2.2(K)(2)(a), including a Conceptual Site Plan (showing the buildings, proposed parking, and driveways), that would allow 8 parking spaces associated with the potential beauty salon on the property. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), 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 Modification of Standard - 1635 South Lemay Avenue - Filing #7-07 March 21, 2007 Administrative Public Hearing Page 2 EXECUTIVE SUMMARY: The Applicant has submitted an application with a request for a modification of the standard as set forth in Section 3.2.2(K)(2)(a) - Nonresidential Parking Requirements of the LUC regarding the maximum number of parking spaces allowed on the property. This section sets forth the requirement that: • Nonresidential uses will be limited to a maximum number of parking spaces as defined by the following standards: (a) The number of allowed parking spaces is based on the square footage of the gross leasable area and of the occupancy of specified uses. (b) Personal Business and Service Shops ... maximum of 4 spaces / 1,000 square feet of gross leasable floor area of the building. This application for a modification of the standard requests that the Administrative Hearing Officer determine if the modification request meets the intent of the LUC. This request is only for a modification of the specific standard in Section 3.2.2(K)(2)(a) of the LUC. The Applicant has not yet submitted a Project Development Plan (PDP) request for a change - of -use on the property to be reviewed by the City. COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: NC; existing residential E: NC; existing shopping center, residential, Spring Creek S: MMN; existing residential & commercial (chiropractic center) W: LMN; existing Spring Creek, residential The property was annexed as part of the Second Spring Creek Annexation in July, 1967. The property was subdivided and platted as part of the East Acres Subdivision in 1930. 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This request is for a modification of a standard in the following section of the LUC: Section 3.2.2(K)(2)(a) - Nonresidential Parking Requirements, regarding maximum parking allowances, states: ITEM NO. MEETING DATE STAFF 1-C City of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: 1635 South Lemay Avenue - Request for a Modification of Standard - #7-07 APPLICANT: John Testa 4221 Cobb Lake Drive Fort Collins, Colorado 80524 OWNER: Dona L. Hahn 1142 Spanish Oak Court Fort Collins, Colorado 80525 PROJECT DESCRIPTION: This is a potential non-residential project known as the 1635 South Lemay Avenue - Request for a Modification of Standard. The subject property is located on the west side of South Lemay Avenue between East Prospect Road and Spring Creek. The request is for a modification of the standard set forth in Section 3.2.2(K)(2)(a) of the City of Fort Collins Land Use Code (LUC) that restricts the amount of allowable parking on the property to 4 spaces per 1,000 square feet of leasable floor area for a Personal Business and Service Shop use. The existing structure is 1,008 square feet in size, not including the basement. The expressed intent of a potential new property owner / user is to convert the existing single-family residence to a beauty salon, with possibly 3 to 4 stylists and their clients in the salon at any given time, thereby creating the need for 8 parking spaces on the property. The property is zoned NC, Neighborhood Commercial and Personal Business and Service Shops are permitted in this District. This is a request for a modification of the aforementioned standard only (to allow up to 8 parking spaces on the property). A Conceptual Site Plan (Exhibit A) only has been submitted to support the request for a modification of a standard. No formal submittal of a development plan for review of a change -of -use on the property has been made to date. That would be the next step in the City's development review process. RECOMMENDATION: Approval COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO.80522-0580 (970) 221-6750 PLANNING DEPARTMENT