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Home My WebLink About216 S. GRANT AVE., ACCESSORY BLDG. W/HABITABLE SPACE - PDP - 10-07 - DECISION - MINUTES/NOTEST A Zl to GJ� a, J.0 ,_�_ Lit --- Jaf ie /� Iqo e 2/4:;, S, ZW 3-3 216 South Grant Accessory Building, PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 5 of 5 1. Not Detrimental to the Public Good; and 2. Warranted by reason of existing exceptional physical hardship and unique physical characteristics based on proximity to existing mature trees. D. The 216 South Grant Street (Accessory Building with Habitable Space) complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The 216 South Grant Street (Accessory Building with Habitable Space) Project Development Plan #10-07, is hereby approved by the Hearing Officer without condition. Dated this 16th day of July 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss I G Planning and Zoning Director 216 South Grant Accessory Building, PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 4 of 5 residential occupancy ordinance rests with the City's Building and Neighborhood Services department. Although the Hearing Officer understands the public concern over the potential illegal conversion of accessory buildings to dwelling units, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. The regulations provide sufficient specificity to determine that the Applicant/Owner has designed the accessory building in conformance with the applicable regulations. There is no authority for the Hearing Officer to mandate that the Applicant/Owner exceed the minimum requirements of the Land Use Code in designing the development. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3 except where a modification to the side and rearyard setback requirements is requested. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. The proposed side and rearyard setbacks are less than that required under Section 4.7. Sideyard and rearyard setbacks are 2'-9" where a minimum of 6-0" is required. A physical hardship exists since the health of existing mature trees along the rear and sideyards would be jeopardized if the building was sited within the prescribed setbacks. SUMMARY OF CONCLUSIONS A. The 216 South Grant Street (Accessory Building with Habitable Space), Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The 216 South Grant Street (Accessory Building with Habitable Space) Project Development Plan satisfies the development standards of the NCL zoning district except for Sections 4.7(E)(3) and 4.7 (E)(4), rearyard and sideyard setbacks, where a modification has been granted. C. The 216 South Grant Street (Accessory Building with Habitable Space) Project Development Plan requests for modifications of standard to the setback requirement found in Section 4.7(E)(3) and 4.7 (E)(4), are found to be: 216 South Grant Accessory Building, PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 3 of 5 FACTS AND FINDINGS 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. 1. Compliance with Article 4 and the NCL Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NCL Zoning District. The proposed accessory building, which is considered a habitable structure by virtue of the provision of utility services to such building, is a permitted use within the zone district. The Staff Report summarizes the PDP's compliance with these specific standards, i.e. - building size, massing, height, and design for "carriage houses" and other accessory buildings, and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the NCL District Standards. NCL District density standards permit only one dwelling unit on the subject property. The proposed accessory building is not considered a dwelling unit since it does not include a kitchen or cooking facilities. Therefore, the density standards of the district are met. Public testimony was received by a neighbor expressing concern that the proposed habitable accessory structure could potentially be converted to a dwelling unit at some point in the future, and that there would be a negative impact on neighborhood livability resulting from such a conversion. Specific concerns were expressed about recently constructed nearby garages at 215 and 214 S. Grant Street with loft space and whether these accessory buildings contained habitable space or dwelling units. While an obligation of existing and future users to ensure that the accessory building could not be converted to a dwelling unit might potentially improve acceptance of the project with neighboring landowners, there is no condition or mechanism beyond the present City Code to require compliance. The Project is subject to the City's occupancy ordinance. The appropriate enforcement of the 216 South Grant Accessory Building, PDP Administrative Hearing Findings, Conclusions, and Decision July 16, 2007 Page 2 of 5 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:30 p.m. on July 16, 2007 in Conference Room A at 281 North 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; (3) a sign up sheet of persons attending the hearing and citizens speaking in favor of or against the application; and (4) a tape recording of testimony provided during 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: Steve Olt, City Planner From the Applicant: Janet McTague From the Public: Myrne Watrous, 723 W. Olive Street Written Comments: None. 6iA City of Fort Collins Commuw..ty Planning and Environmental L,,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/ HEARING OFFICER: July 16, 2007 216 South Grant Street (Accessory Building with Habitable Space), Project Development Plan #10-07 Tim and Janet McTague 216 South Grant Avenue Fort Collins, CO. 80521 Cameron Gloss Planning and Zoning Director PROJECT DESCRIPTION: The applicant proposes to demolish an existing playhouse/fort and construct a new accessory building with habitable space that will serve as playhouse and storage space for the existing residence. The building will be one and one-half (1 1/2) stories, and will contain 440 square feet of floor area. The existing residence and garage will remain unaltered. The property is located on the east side of Grant Street, between West Olive Street and West Oak Street. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: Neighborhood Conservation Low Density — (NCL) 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. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Commu___cy Planning and Environmental _ .vices Current Planning City of Fort Collins July 23, 2007 Myrne Watrous 723 W. Olive Street Windsor, CO 80521 Dear Myrne: Enclosed is a copy of the Type I Findings, Conclusions, and Decision for the 216 South Grant Street (Accessory Building with Habitable Space) Project Development Plan, P.D.P. , File #10-07, approving the requested plan. This final decision may be appealed to the City Council in accordance with Section 2-48 of the Code of the City of Fort Collins. The appellant must submit written notice of appeal, reasons for the appeal and a filing fee of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing Officer. The City Clerk will place the item on the Council agenda for hearing as expeditiously as possible. Written notice of an appeal from a final decision of the Hearing Officer to the City Council is given by the City Clerk to the appellant, the applicant and all other parties -in - interest 14 days prior to the date set for the hearing. An appeal of the Hearing Officer's final decision is based on the minutes of the proceedings at the Administrative Hearing and any other materials received by the Hearing Officer. New evidence may not be considered on an appeal. The City Council may uphold, overturn, or modify the decision of the Hearing Officer. If you have specific questions about the appeal process, please contact me at 221-6750. Sincerely, Steve Olt City Planner 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020