The URL can be used to link to this page

Home My WebLink About220 EDWARDS STREET - MODIFICATION OF STANDARD - 20-07 - DECISION - MINUTES/NOTES220 Edwards Modifications Administrative Hearing Findings, Conclusions, and Decision September 6, 2007 Page 5 of 5 D. With respect to the Modification to Subsection 4.8(D)(2), the maximum floor area for a second detached single family house on the rear of the lot within the NCM zone district: 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. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested since the additional square footage on the second floor of the proposed house would be more consistent with the mass of existing historic structures, particularly those on corner lots within the Laurel District. E. With respect to the Modification to Subsection 4.8(D)(3), the minimum rear yard setback within the NCM zone district: 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. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested. The diminished rear yard setback would slightly exceed the existing 5-foot setback for the existing house and garage. Visually, the setback helps to maintain the building to lot line relationships established along the block face. DECISION The 220 Edwards Street Modifications of Standards, #20-07 is hereby approved by the Hearing Officer without condition. Dated this 7th day of September 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Glos Planning and Zoning Director 220 Edwards Modifications Administrative Hearing Findings, Conclusions, and Decision September 6, 2007 Page 4 of 5 The Hearing Officer finds that the modifications will result in a development plan equal to or better than a compliant plan when viewed in the context of the surrounding Laurel Historic District and the designated historic house and garage existing on the lot. The modification requests provide sufficient specificity to determine that the applicable review criteria of the Land Use Code have been met. SUMMARY OF CONCLUSIONS A. The 220 Edwards Street Modifications of Standards are subject to administrative review and the requirements of the Land Use Code (LUC). B. With respect to the Modification to Subsection 3.2(D)(3)(c), the parking area paving requirements: 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. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested. The proposed alternative hard surface paving treatment will reduce on -site stormwater runoff and will not have an adverse impact on the adjacent gravel alley surface. C. With respect to the Modification to Subsection 4.8(D)(1), the minimum lot area within the NCM zone district: 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. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested since a compliant building addition would be detrimental to the architectural integrity of the existing house and garage, both which are listed on the National Register of Historic Places and are within the Laurel School Historic District. 220 Edwards Modifications Administrative Hearing Findings, Conclusions, and Decision September 6, 2007 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information N: NCM; existing single family residential E: NCM; single-family residential S: NCM; single-family residential W: NCB; single-family residential This property was annexed as part of the Lake Park Addition Annexation (date unknown). The property was platted as part of the Crafts Re -Subdivision (date unknown). 2. Modifications to Sections 3.2.2 (13)(3), 4.8(D)(1) & (2), and 4.8(E)(3) The applicant is seeking requests for stand-alone modifications to Sections 3.2.2(D)(3) (c) Pavement, 4.8(D)(1) Density, 4.8(D)(2) Residential Uses, and 4.8 (E)(3) Rear Yard Setback. The first request is to allow the driveway to be surfaced with an alternative material to asphalt or concrete as specified in the Land Use Code. All open off-street parking and vehicular use areas must be surfaced with asphalt, concrete or other similar material. The applicant is request crushed granite/asphalt or "grass-thru" pavers as the parking surface along the alley. Density Standards within the NCM District requires a minimum of 5,000 square feet of lot area per single-family dwelling unit; therefore, the subject property would need to be a minimum of 10,000 square feet to accommodate a second single family dwelling. An attached dwelling unit would be permitted under the LUC without meeting this density standard. A modification is sought to reduce the lot area to 7,000 square feet for two dwelling units. Second detached single family houses are limited in size to a 600 square foot building footprint, with an overall square footage not to exceed 1,000 square feet. A request has been received to construct an additional 200 square feet on the second floor, with a resulting floor area of 1,200 square feet for the house. The applicant proposes a 5 foot rear yard setback where the NCM District requires a minimum of 15 feet. 220 Edwards Modifications Administrative Hearing Findings, Conclusions, and Decision September 6, 2007 Page 2 of 5 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:15 p.m. on September 6, 2007 in the Community Room at 215 N. Mason Street, 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: None From the Public: R. Reider, 1112 Remington David and Allison Faltermier, Pine Needle Ct. Written Comments: Letter from Vic Day, 1110 Remington Street, dated September 6, 2007, recommending denial of modification requests. City of Fort Collins Plannin6, Development and Transportatit,Services Planning and Zoning 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: September 6, 2007 220 Edwards St Modifications of Standards #20-07 Rentfrow Design, LLC c/o Jon Rentfrow, Troy Jennings 205 Allen Street Fort Collins, CO 80525 Marshall Williams 220 Edwards Street Fort Collins, CO 80524 Cameron Gloss Planning and Zoning Director The Applicant has submitted a request to modify Sections 3.2.2(D)(3)(c) Pavement, 4.8(D)(1) Density, 4.8(D)(2) Residential Uses, and 4.8 (E)(3) Rear Yard Setback. The modification requests are associated with a proposed single family detached house on the alley side (rear) of the lot at 220 Edwards Street (NW corner of Mathews and Edwards Streets). SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NCM — Neighborhood Conservation Mixed Use STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020