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Home My WebLink About216 S. GRANT AVE., ACCESSORY BLDG. W/HABITABLE SPACE - PDP - 10-07 - REPORTS - RECOMMENDATION/REPORT216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 7 - The plan as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way. RECOMMENDATION: Staff recommends approval of the request for a modification of the standard set forth in Section 4.7(E)(3) of the Land Use Code. Staff recommends approval of the request for a modification of the standard set forth in Section 4.7(E)(4) of the Land Use Code. Staff recommends approval of the 216 South Grant Avenue (Accessory Building with Habitable Space), Project Development Plan - #10-07. 216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 6 4. Neighborhood Information Meeting The 216 South Grant Avenue (Accessory Building with Habitable Space), PDP contains a proposed land use that is permitted as Type 1 use, subject to an administrative review. The proposed use is new accessory building with habitable space on the rear of the property at the aforementioned address. A neighborhood meeting is not required for a Type 1 use and review and none was held. FINDINGS OF FACT/CONCLUSIONS After reviewing the 216 South Grant Avenue (Accessory Building with Habitable Space), Project Development Plan, staff makes the following findings of fact and conclusions: 1. The proposed land use (accessible building with habitable space) is permitted in the NCL - Neighborhood Conservation, Low Density Zone District of the Land Use Code. 2. The Project Development Plan complies with applicable General Development Standards contained in Article 3 of the Land Use Code. 3. The Project Development Plan complies with applicable Land Use, Dimensional, and Development Standards contained in Article 4, Division 4.7 of the Land Use Code, except for: Section 4.7(E)(3) and Section 4.7(E)(4) under Dimensional Standards. A request for a modification of these standards has been requested and evaluated. Staff has determined that: The granting of the modifications of standards would not be detrimental to the public good. By reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional undue hardship upon the owner of the property. 216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 5 advance the purposes of the Land Use Code as contained in Section 1.2.2. " The applicant has proposed that the modifications of the standards meet the requirements of Sections 2.8.2(H)(3) & (4) of the LUC. Applicant's Modification Request: See Application for Modification of Standards — Rear and Side Yard Setbacks, attached to this staff report. Staffs Evaluation of the Modification Request: The applicants' request for a modification of the standards set forth in Section 4.7(E)(3) & (4) of the LUC relate to setbacks from the north and rear property lines for the new accessory building with habitable space. The required setbacks are 5' in each case and the applicants are proposing 2.9' setbacks in order to preserve and protect existing trees at the northwest and southeast corners of the new building. Staff finds that the request is not detrimental to the public good; by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the property, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties or exceptional undue hardship upon the owner of the property; and, that the plan as submitted would not diverge from the standards of the Land Use Code except in a nominal, inconsequential way. The proposal complies with the standards set forth in Section 4.7(F) Development Standards. 3. Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable General Development Standards. The proposed new accessory building with habitable space will be located on the rear of a property in the established Old Town area of Fort Collins. Streets, alleys, utilities, and trees are all in place and mature. 216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 4 B. Section 4.7(E)(4) - requires that the minimum side yard width shall be 5' for all interior side yards. In this case, the new accessory building with habitable space is proposed to be set back 2'-9" from the north property line in order to save existing shade tree. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Planning and Zoning Board 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 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 216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 3 COMMENTS: Background The surrounding zoning and land uses are as follows: N: NCL; existing single-family residential (Loomis Addition) S: NCL; existing single-family residential (Loomis Addition) E: NCL; existing single-family residential (Loomis Addition) W: NCL; existing single-family residential (Loomis Addition) This property was part of the Loomis Addition Annexation in May, 1887. The property was platted as Lot 11 of Block 279 of the Loomis Addition in May, 1887. 2. Division 4.7 of the Land Use Code, Neighborhood Conservation, Low Density Zone District The proposed new accessory building with habitable space is permitted in the NCL - Neighborhood Conservation, Low Density District, subject to an administrative (Type 1) review. This is set forth in Section 4.7(13)(2)(c) of the LUC. This proposal complies with the purpose of the NCL District as the applicants (property owners/residents) are proposing to construct a new accessory building with habitable space on the rear of the lot, in the northeast corner of the property. This new building, being 440 square feet in size (20' x 22') and 12' high, would replace an existing fort/playhouse in the same location. There is an existing fence along the north property line and an existing block wall along the east property line along the alley. There are existing trees in the area that are proposed to be protected. The proposal complies with the standards set forth in Section 4.7(D) Land Use Standards. The proposal complies with the standards set forth in Section 4.7(E) Dimensional Standards, except for: A. Section 4.7(E)(3) - requires that the minimum rear yard setback shall be 5' from existing alleys. In this case, the new accessory building with habitable space is proposed to be set back 2'-9" from the alley in order to save existing trees. 216 South Grant Street (Accessory Building with Habitable Space) - Project Development Plan, #10-07 July 16, 2007 Administrative Hearing Page 2 This PDP does not comply with the following applicable requirements of the LUC: the standards located in Division 4.7 Neighborhood Conservation, Low Density District (NCL), specifically: Section 4.7(E)(3), which requires that the minimum rear yard setback shall be 5' from existing alleys. In this case, the new accessory building with habitable space is proposed to be set back 2'-9" from the alley in order to save existing trees. The Applicant has submitted a request for a modification of this standard. Section 4.7(E)(4), which requires that the minimum side yard width shall be 5' for all interior side yards. In this case, the new accessory building with habitable space is proposed to be set back 2'-9" from the north property line in order to save existing shade tree. The Applicant has submitted a request for a modification of this standard. Accessory buildings with habitable space are permitted in the NCL — Neighborhood Conservation, Low Density Zoning District, subject to an administrative (Type 1) review. The purpose of the NCL District is: Intended to preserve the character of areas that have a predominance of developed single-family dwellings and have been given this designation in accordance with an adopted subarea plan. This proposal complies with the purpose of the NCL District as the applicants (property owners/residents) are proposing to construct a new accessory building with habitable space on the rear of the lot, in the northeast corner of the property. This new building, being 440 square feet in size (20' x 22') and 12' high, would replace an existing fort/playhouse in the same location. There is an existing fence along the north property line and an existing block wall along the east property line along the alley. There are existing trees in the area that are proposed to be protected. ITEM NO. MEETING DATE S/A 1,10 7 ` STAFF CULT Citv of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: 216 South Grant Avenue (Accessory Building with Habitable Space), Project Development Plan - #10-07 APPLICANT: Tim and Janet McTague 216 South Grant Avenue Fort Collins, CO. 80521 OWNER: Same As Applicant PROJECT DESCRIPTION: This is a request to demolish the existing playhouse/fort structure on the rear of the single-family residential lot at 216 South Grant Avenue and construct a new accessory building with habitable space (playhouse/storage). The property is located on the east side of South Grant Avenue between West Olive Street and West Oak Street. The property is in the NCL - Neighborhood Conservation, Low Density Zoning District. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This PDP complies with 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; standards located in Division 3.2 - Site Planning and Design Standards, Division 3.3 - Engineering 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 4.7 Neighborhood Conservation, Low Density District (NCL) of ARTICLE 4 — DISTRICTS, subject to an administrative review. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT