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HomeMy WebLinkAbout220 EDWARDS STREET - MODIFICATION OF STANDARD - 20-07 - REPORTS - RECOMMENDATION/REPORTModifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 9 6. RECOMMENDATION: Staff recommends approval of Modifications of Standards in Section 3.2.2(D)(3)(c), Section 4.8(D)(1), Section 4.8(D)(2), and Section 4.8(E)(3) of the Land Use Code for the Property at 220 Edwards Street - #20-07. Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 8 The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. - The applicant wants a 5' rear yard setback, similar to the actual building setbacks for the existing house and detached garage on the property. The intent is to construct the rear of the new single-family detached dwelling a distance of 6 feet - 6 inches from the rear (north) property line for 220 Edwards Street. This distance would slightly exceed the existing 5 foot setbacks from the same property line for both the existing house and detached garage on the property. The new structure would back up to the detached garage along the alley on the rear of the lot to the north, where the house fronts on Mathews Street. 5. FINDINGS OF FACT/CONCLUSION: A. The requested Modifications of Standards in Section 3.2.2(D)(3)(c), Section 4.8(D)(1), Section 4.8(D)(2), and Section 4.8(E)(3) of the Land Use Code for the Property at 220 Edwards Street are subject to review by the Hearing Officer. B. Granting the requested modifications would not be detrimental to the public good nor would it impair the intent and purposes of the Land Use Code. C. The requests for modifications of standards as submitted will protect the public interests and purposes of the standards for which the modifications are requested equally well than would a plan which complies with the standards for which the modifications are requested. D. The requests for modifications of standards 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. E. Approval of this request would be only for modifications of specific standards in Section 3.2.2(D)(3)(c) - Pavement, Section 4.8(D)(1) - Density, Section 4.8(D)(2) - Residential, and Section 4.8(E)(3) - Rear Yard Setback of the Land Use Code. The applicant has not yet submitted a Project Development Plan package for review by the City. A Project Development Plan and Final Plan must be approved prior to the applicant being able to receive building permits and construct the project. Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 7 meet the existing standards. Staff supports this request for modification of the standards under 2.8.2(H)1 and 2.8.2(H)4. It is staffs position that the plans as submitted promote the general purpose of the standards far better than would a plan which complies with the standards. Staff further believes that the plans as submitted will not diverge from the standards of the LUC except in a nominal, inconsequential way. Section 4.8(D)(2) of the LUC sets forth the requirement that any new single-family dwelling that is proposed to be located behind a street -fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and the first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this District and there is at least a ten -foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the LUC. The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested and it will not diverge from the standards of the LUC 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. The applicant wants to construct a new single-family detached dwelling containing a total of up to (but not to exceed) 1,200 square feet on 2 floors. The building may not and will not exceed 600 square feet, as required by this section of the LUC, and the additional 200 square feet of floor area on the second floor will allow for a design of the structure to be more in conformance with existing structures in the historic neighborhood, from a size and shape standpoint. Section 4.8(E)(3) of the LUC sets forth the requirement that the minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other directions." Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the LUC. Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 6 The plan as submitted will advance or protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. The applicants' request is to allow for the driveway surface to be something other than asphalt/concrete. They will further explore the use of crushed granite/asphalt or'grass-thru' pavers. The alley currently has a gravel surface, with a concrete apron extending from the asphalt street approximately 15' - 20' into the alley. Considering the fact that the driveway for the new single-family residence would be approximately 20' - 25' from Edwards Street and would generate a relatively low amount of vehicular traffic, the Development Plan as submitted will protect the public interests and purposes of the standard for which the modification is requested equally well than would a plan which complies with the standard for which a modification is requested. Section 4.8(D)(1) of the LUC sets forth the requirement that the minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the LUC. The plan as submitted will advance or protect the public interests and purposes 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. The lot size at 220 Edwards Street is 7,000 square feet and the applicant wants to construct a new detached dwelling, in addition to the existing single- family dwelling. The applicant is asking for a modification to allow for the 'overall' best street presence. The property owner would be permitted to construct a new attached dwelling unit to the existing house without the need for a modification of this standard. The City's Historic Preservation Department is fully in support of the plans for 220 Edwards as submitted and supports the requests for modifications of LUC Standards 3.2.2(D)(3)(c), 4.8(D)(1), 4.8(D)(2), and 4.8(E)(3). The existing house and garage at 220 Edwards Street is designated on the National Register of Historic Places, and the property is located within the Laurel School National Register District. Additionally, the buildings likely qualify for recognition as Fort Collins Landmarks. As such, it would be detrimental, both to the historic and architectural integrity of these buildings and to the significance of the National Register District itself, to require that the proposed new construction Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 5 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. " 3. APPLICANT'S REQUEST See written request attached to this Staff Report. 4. STAFF'S ANALYSIS OF MODIFICATION REQUEST Section 2.8.2(H) of the LUC specifies that the Decision Maker shall only grant a modification for the following reasons: a. granting a modification of standard would neither be detrimental to the public good nor impair the intent and purposes of the Land Use Code; and b. the modification would result in the project addressing the purposes of the standard equally well or better than a plan that complies with the standard; or c. the modification would result in a substantial benefit to the city; or d. 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 the property; or e. 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. Section 3.2.2(D)(3)(c) of the LUC sets forth the requirement that all open off-street parking and vehicular use areas shall be surfaced with asphalt, concrete or other material in conformance with city specifications. 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. Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 4 the first floor plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet. A new single-family dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this District and there is at least a ten -foot separation between structures. The building footprint for such single-family dwelling shall not exceed six hundred (600) square feet." The applicant wants to construct a new single-family detached dwelling containing a total of up to (but not to exceed) 1,200 square feet on 2 floors. Section 4.8(E)(3) - Rear Yard Setback states: "Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other directions." The applicant wants a 5'rear yard setback, similar to the actual building setbacks for the existing house and detached garage on the property. The intent is to construct the rear of the new single-family detached dwelling a distance of 6 feet - 6 inches from the rear (north) property line for 220 Edwards Street. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the Decision Maker may grant modifications 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 Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 3 The property was platted as part of the Crafts Re -Subdivision (date unknown). 2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS This request is for modifications to standards in the following sections of the LUC: Section 3.2.2(D)(3)(c) - Pavement states: "Pavement. All open off-street parking and vehicular use areas shall be surfaced with asphalt, concrete or other material in conformance with city specifications." The applicant is requesting a modification to allow for the driveway surface between the alley and the new single-family house to be something other than asphalt/concrete. He wants to use crushed granite/asphalt or `grass-thru' pavers for the driveway for the proposed new house along the alley. Section 4.8(D)(1) - Density states: "Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7-1/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area for the purpose of calculating density)." The lot size at 220 Edwards Street is 7,000 square feet and the applicant wants to construct a new detached dwelling, in addition to the existing single-family dwelling. The property owner would be permitted to construct a new attached dwelling unit to the existing house without the need for a modification of this standard. The City's Historic Preservation Department is not in support of an attached second dwelling unit. They do support the proposed detached dwelling unit. The applicant is asking for a modification to allow for the `overall' best street presence. Section 4.8(D)(2) - Residential states: "Any new single-family dwelling that is proposed to be located behind a street - fronting principal building shall contain a maximum of one thousand (1,000) square feet of floor area. Floor area shall include all floor space within the basement and Modifications of Standards - 220 Edwards Street - Filing #20-07 September 6, 2007 Administrative Hearing Page 2 • Section 4.8(E)(3) - Rear Yard Setback ... the LUC sets forth a minimum rear yard setback of 15 feet. The applicant wants a 5' rear yard setback, similar to the actual building setbacks for the existing house and detached garage on the property. The intent is to construct the rear of the new single-family detached dwelling a distance of 6 feet - 6 inches from the rear (north) property line for 220 Edwards Street. A Project Development Plan submittal for review of the actual site plan and building elevations has not yet been made to the City. This property is located at the northwest corner of Edwards Street and Mathews Street and is zoned NCM, Neighborhood Conservation Medium Density. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The applicant has submitted an application with a request for modifications of standards as set forth in Section 3.2.2(D)(3)(c) - Pavement, Section 4.8(D)(1) - Density, Section 4.8(D)(2) - Residential, and Section 4.8(E)(3) - Rear Yard Setback of the LUC. These sections set forth the requirements that: all open off-street parking areas be surfaced with asphalt, concrete or other material in conformance with City specifications; the lot area for a single-family detached dwelling be a minimum of 5,000 square feet; limits the size of a new single-family dwelling located behind a street -fronting principal building to a maximum of 1,000 square feet; and, sets forth a minimum rear yard setback of 15 feet. This application for modifications of standards requests that the Hearing Officer determine if the modification requests meet the intent of the LUC. This request is only for modifications of specific standards in of the LUC. The applicant has not yet submitted a Project Development Plan package for review by the City. A PDP and Final Plan must be approved prior to the applicant being able to receive building permits and construct the project. COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: N: NCM; existing single-family residential E: NCM; existing single family residential S: NCM; existing single family residential W: NCB; existing single-family residential The property was annexed as part of the Lake Park Addition Annexation (date unknown). ITEM NO. 7i MEETING DATE 61./(p STAFF e: TrMV,bA-Et;�l. City of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Modifications of Standards in Section 3.2.2(D)(3)(c), Section 4.8(D)(1), Section 4.8(D)(2), Section 4.8(E)(3) of the Land Use Code for the Property at 220 Edwards Street - #20-07 APPLICANT: Rentfrow Design, LLC c/o Jon Rentfrow, Troy Jennings 205 Allen Street Fort Collins, CO 80525 OWNER: Marshall Williams 220 Edwards Street Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a project known as 220 Edwards Street - Modifications of Standards (File #20- 07). This request is for modifications of several standards, set forth in the City of Fort Collins Land Use Code (LUC), associated with the intent to construct a new single-family detached house on the alley side (rear) of the lot at 220 Edwards Street. The requested modifications are as follows: • Section 3.2.2(D)(3)(c) - Pavement ... the LUC requires that all open off-street parking areas be surfaced with asphalt, concrete or other material in conformance with City specifications. The applicant wants to use crushed granite/asphalt or `grass-thru' pavers for the driveway for the proposed new house along the alley. • Section 4.8(D)(1) - Density ... the LUC requires that the lot area for a single-family detached dwelling be a minimum of 5,000 square feet. The lot size at 220 Edwards Street is 7,000 square feet and the applicant wants to construct a new detached dwelling, in addition to the existing single-family dwelling. A new attached dwelling unit to the existing house would be permitted without the need for a modification of this standard. • Section 4.8(D)(2) - Residential ... the LUC limits the size of a new single-family dwelling located behind a street -fronting principal building to a maximum of 1,000 square feet. The applicant wants to construct a new single-family detached dwelling containing up to (but not to exceed) 1,200 square feet on 2 floors. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT