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1635 S. Lemay Avenue Modification
Administrative Hearing
Findings, Conclusions, and Decision
March 21, 2007
Page 5 of 5
Dated this 22"d day of March 2007, per authority granted -Hy Sections
1.4.9(E) and 2.1 of the Land Use Code.
Current Planninct Director
1635 S. Lemay Avenue Modification
Administrative Hearing
Findings, Conclusions, and Decision
March 21, 2007
Page 4 of 5
public good if adequate steps are taken to protect visual quality. With the site
located below the roadway grade of S. Lemay Avenue and also adjacent to the
paved Spring Creek multi -use trail, there is the potential for the public to be
adversely impacted; therefore, attention must be given to landscape screening
treatments that will reduce potentially negative visual impacts that surface
parking will have on these well -traveled public ways. In order to ensure that the
application fulfills the intent of the standard, with respect to visual impacts, a
condition has been added to this approval requiring that sufficient landscaping be
provided in conjunction with a future development plan.
SUMMARY OF CONCLUSIONS
A. The 1635 South Lemay Avenue Modification of Standard is subject to
administrative review and the requirements of the Land Use Code (LUC).
B. With respect to the Modification to Subsection 3.3.2 (K)(2)(a) the maximum
number of off-street parking spaces for non-residential uses:
1. Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the Land Use Code.
2. There are physical conditions unique to this property due to proximity to
Spring Creek where strict application of the parking standard to be
modified would result in unusual and exceptional hardship upon the owner
and such difficulties are not caused by act or omission of the applicant or
owner.
DECISION
The 1635 South Lemay Avenue Modification of Standard, #7-07
is hereby approved by the Hearing Officer subject to the following condition:
The Applicant shall provide landscape screening at the following locations at the
perimeter of surface parking areas. Plant material used within the landscaped areas
shall be of a type, size and configuration to achieve opacity in its winter seasonal
condition within three years of parking area construction:
1) Between the parking area and the street within a planting strip a minimum of five
feet in width; and
2) Along the south and west sides of the parking area.
1635 S. Lemay Avenue Modification
Administrative Hearing
Findings, Conclusions, and Decision
March 21, 2007
Page 3 of 5
FACTS AND FINDINGS
1. Site Context/Background Information
N: NC- existing single-family residential
E: NC- existing shopping center, residential, Spring Creek
S: MMN- existing residential & commercial (chiropractic center)
W: LMN- Spring Creek & residential
This property was annexed in July 1967 as part of the Second Spring Creek
Annexation.
The property was subdivided as part of the East Acres Subdivision in 1930.
2. Modification to Section 3.2.2(K)(2)(a):
The applicant is seeking a request to exceed the maximum parking standard.
Section 3.2.2 (K)(2)(a) limits Personal and Business Service Shops to 4 parking
spaces per 1,000 square feet of floor area. With an existing building of 1,008
square feet in size, (excluding the basement, which has insufficient headroom to
be considered "habitable" and will be used for storage) a maximum of four
spaces can be provided on -site under the standard.
The Applicant's justification for the modification is based on the premise that
there are unique and exceptional physical conditions found on the site. The
property abuts Spring Creek, a natural habitat and feature protected under the
City's Land Use Code. As such, a natural habitat buffer encumbers the south
portion of the site in distances ranging from 20 — 55 feet. Buffer requirements
limit the ability to expand the existing single family house that, although not
eligible for historic designation, has architectural integrity worth maintaining.
On -site parking needs are driven largely by the proposed use and the lack of
opportunities for parking to be provided off -site. The applicants proposed beauty
salon use will include 3-4 full-time employees with a corresponding number of
clients. The proposed use is similar in operation to medical offices and similar
service uses where there is both a high degree of client overlap and turnover.
This greater parking need associated with the use, along with the lack of
opportunity for on -street parking on the adjacent street or within a joint parking
arrangement on nearby properties, contributes to the physical hardship unique to
the subject property.
The Hearing Officer has reviewed the request for modification to the parking
standards and is convinced that the modification will not be detrimental to the
1635 S. Lemay Avenue Modification
Administrative Hearing
Findings, Conclusions, and Decision
March 21, 2007
Page 2 of 5
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 3:30 p.m. on March 21, 2006 in Conference Room A, 281 N.
College 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;
and (3) a tape recording of the public 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:
Steve Olt, City Planner
From the Applicant:
John Testa
From the Public:
None
Written Comments:
None
City of Fort Collins
Commui.ity Planning and Environmental .:rvices
Current Planning
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:
March 21, 2007
1635 South Lemay Avenue Modification
of Standard
#7-07
John Testa
4221 Cobb Lake Drive
Fort Collins, CO 80524
Don L. Hahn
1142 Spanish Oak Court
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to modify Section 3.2.2(K) (2) (a) that restricts
the maximum number of off-street parking spaces. The modification request is for 8
parking spaces, where a maximum of 4 spaces is permitted, that are intended to serve
a future beauty salon. The site is located on the west side of South Lemay Avenue,
between East Prospect Road and Spring Creek.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: NC — Neighborhood Commercial
STAFF RECOMMENDATION: Approval
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established
no controversy or facts to refute that the hearing was
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020