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Home My WebLink About318 WEST MYRTLE TOWNHOMES - PDP - 5-09 - SUBMITTAL DOCUMENTS - ROUND 8 - Minutes/NotesProje, Meeti Date: Administrative Public Hearing Sign -In PLEASE PRINT CLEARLY Name Address Phone Email •s -114 ' 50 2 b 23Z - / S 6 3 ,�� i �� ,'L • c o�y 41,AA4 Sow S S, AaWRA, saw 318 West Myrtle Townhomes, Project Development Plan - #5-09 Administrative Hearing Findings, Conclusions, and Decision April 7, 2009 Page 5 of 5 SUMMARY OF CONCLUSIONS A. The 319 West Myrtle Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The 319 West Myrtle Development Plan satisfies the development standards of the NCB zoning district and is included in the TOD overlay zone. C. The 319 West Myrtle Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The 318 West Myrtle Project Development Plan #5-09 and requests for modification of the standards set forth in Section 4.9(D)(6)(b) and 4.9(D)(6)(d), are hereby approved by the Hearing Officer. Dated this 10th day of April 2009, per authority granted b Sections 1.4.9(E) and 2.1 of the Land Use Code. Steven J. Dush, AICP Director of Current Planning 318 West Myrtle Townhomes, Project Development Plan - #5-09 Administrative Hearing Findings, Conclusions, and Decision April 7, 2009 Page 4 of 5 B. Section 4.9(D)(6)(d) The side yard setback for the existing building at 318 West Myrtle Street is 1'-6", which is less than the required setback of 5'. The modifications for setbacks monument existing conditions for the existing homes that are over 50 years old. There will be no change to the home on the western part of the lot. The home on the eastern part of the lot that requires the front and side yard setback modification will actually become more compliant with the proposed changes as the remodel will increase the front yard setback from 7'9" to 11'9". The property in the immediate vicinity will not be impacted by acknowledging the existing setbacks and the proposal complies with the standards set forth in Section 4.9(E) Development Standards. Furthermore, the existing and proposed front and side yard setbacks are supported by the criterion set forth in Section 2.8.2(H)(3) stating that, by reason of exception physical conditions and applying the standards sought to be modified, it would result in exceptional or undue hardship upon the owner of the property. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3, and no evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. 4. Public Testimony Summary The public testimony received acknowledged the compatibility of the project and offered questions regarding the number of additional beds and how parking would be impacted. Staff noted that the property was located in the TOD and that parking was not required. The applicant indicated that 8 new parking spaces will be added on -site and that 5 additional on -street parking spaces would be provided as a result of removing the driveway cut on Myrtle. 318 West Myrtle Townhomes, Project Development Plan - #5-09 Administrative Hearing Findings, Conclusions, and Decision April 7, 2009 Page 3 of 5 From the Applicant: Bruce Froseth; 524 Spring Canyon Ct; Fort Collins, CO, 80525 Susan Kreul-Froseth; 524 Spring Canyon Ct; Fort Collins, CO, 80525 From the Public: Rick Reider, 5029 Crest Road; Fort Collins, CO 80526 Alan Skowron, 625 S. Meldrum; Fort Collins, CO 80524 Written Comments: None FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: NCB; existing single-family & multi -family residential S: NCB; existing single-family & multi -family residential, office uses E: CC; existing office uses W: NCB; existing single-family & multi -family residential This property was platted as part of the original Town of Fort Collins plat map dated January 16, 1873. 2. Compliance with Article 4 and the NCB -Neighborhood Zoning District Standards: The proposal complies with the standards set forth in Section 4.9(D) Land Use Standards, with the exception of two (2) standards set forth in Section 4.9(D)(6) Dimensional Standards, dealing with front and side yard setbacks. The applicant has submitted requests for modifications of these standards. A. Section 4.9(D)(6)(b) The proposed front yard setback for the existing building at 318 West Myrtle Street, after eliminating 4' from the front of the building, is 11'-9", which is less than the required minimum setback of 15'. The front yard setback for the existing building at 320 West Myrtle Street is 13'-6", which is also less than the required setback of 15'. 318 West Myrtle Townhomes, Project Development Plan - #5-09 Administrative Hearing Findings, Conclusions, and Decision April 7, 2009 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NCB - Neighborhood Conservation, Buffer District and is in the City's defined Transit -Oriented Development (TOD) Overlay Zone. 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. HOWEVER, the facts of the notice were flawed. Specifically the amount of coverage identified in the notice was 38% and the actual amount proposed by the applicant was 43%. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:30 p.m. on April 7, 2009 in Conference Rooms A and B at 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 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 Emma McArdle, City Planner 318 West Myrtle Townhomes, Project Development Plan - #5-09 Administrative Hearing Findings, Conclusions, and Decision April 7, 2009, Page 1 of 5 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: April 7, 2009 PROJECT NAME: 318 West Myrtle Townhomes, Project Development Plan CASE NUMBER: #5-09 APPLICANT: Bruce M. Froseth & Susan Kreul/Froseth 524 Spring Canyon Court Fort Collins, CO. 80525 OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Same as Applicant Steven J. Dush, AICP Director of Current Planning This is a request to add four units to a lot with two existing homes resulting in six total units on the lot. One of the existing homes will not be altered. The other existing home will be remodeled and enlarged and have attached to it four units. The residential density of the proposal will yield 18.2 dwelling units per acre where up to 25 units per acre is permitted. The property is located in the NCB - Neighborhood Conservation, Buffer District and is in the City's defined Transit -Oriented Development (TOD) Overlay Zone. The existing home on the western portion of the lot necessitates a modification to the front yard setback while the existing home on the eastern portion of the lot necessitates a modification to the front yard setback and its eastern side yard setback. All of the aforementioned waivers are existing conditions as the homes are over 50 years old.