HomeMy WebLinkAbout321 E. OLIVE STREET, ACCESSIBLE BUILDING W/HABITABLE SPACE - PDP - 18-07 - DECISION - MINUTES/NOTESAdministrative Public Hearing Siqn-In
Project:
Meeting Location: 28
Date: Ai)4 0Q+ l , 20D7
PLEASE PRINT CLEARLY
Name
Address
Phone
Email
�' Ilk luKze,
3 2Ll Oli Ive
11qO -1e3
a dI���S+ FC
L 6)-
l ��.��
321 E. Olive Accessory Building, PDP
Administrative Hearing
Findings, Conclusions, and Decision
August 1, 2007
Page 4 of 5
The Hearing Officer has determined that the Project Development Plan
complies with all applicable requirements of Article 4 and the NCM Zoning
District of the Land Use Code as described above.
3. Compliance with Article 3 of the Land Use Code — General
Development Standards
The existing accessory building with proposed 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.
The Hearing Officer has determined that the Project Development Plan
complies with all applicable General Development Standards.
SUMMARY OF CONCLUSIONS
A. The proposed change of use (from accessory building (garage) to
accessory building with habitable space) is permitted in the NCM -
Neighborhood Conservation, Medium Density Zone District of the Land
Use Code.
B. The Project Development Plan complies with applicable General
Development Standards contained in Article 3 of the Land Use Code.
C. The Project Development Plan complies with applicable Land Use,
Dimensional, and Development Standards contained in Article 4, Division
4.8 of the Land Use Code.
DECISION
The 321 E. Olive Street Accessory Building with Habitable Space Project
Development Plan #18-07, is hereby approved by the Hearing Officer without
condition.
Dated this 1 st day of August, 2007, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Lz
Joe Frank e
Interim Planning & Development Director
321 E. Olive Accessory Building, PDP
Administrative Hearing
Findings, Conclusions, and Decision
August 1, 2007
Page 3 of 5
The surrounding zoning and land uses are as follows:
N: NCM—Neighborhood Conservation, Medium Density District:
existing Library Park, Museum of Fort Collins and Fort Collins
Public Library (original City of Fort Collins plat);
E: NCM—Neighborhood Conservation, Medium Density District:
existing single-family residential (original City of Fort Collins plat);
W: NCB —Neighborhood Conservation, Buffer District: existing single-
family residential and residential converted to commercial (original
City of Fort Collins plat);
S: NCM—Neighborhood Conservation, Medium Density District:
existing single-family residential (original City of Fort Collins plat).
This property is part of the original plat of the City of Fort Collins of
January, 1873.
2. Compliance with Article 4 and the NCM Zoning District Standards:
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 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 NCM District
Standards.
The existing lot is 7000sf. The existing primary residence is 1806sf. The
existing garage is 441 square feet with an additional 140sf of unfinished
loft space above (with a ceiling height of at least 7 '/2') for a total existing
area of 581 sf. The proposed change of use will not add any new square
footage. The garage is accessed from a rear alley. Water and sewer
service is proposed to be extended from the primary residence. No
kitchen facilities are proposed. The applicant acknowledges in writing that
the accessory space will be for an entertainment room/bedroom and
bathroom for use by members of the owner's family. There is in excess of
10 feet between the primary structure and the accessory structure.
The lot, primary building and accessory building all exist and meet or
exceed the dimensional standards and development standards as built.
No exterior changes to the existing garage structure are proposed. A
separate yard area is not necessary since the space is not intended to be
rented but to be used by the owners of the primary residence.
321 E. Olive Accessory Building, PDP
Administrative Hearing
Findings, Conclusions, and Decision
August 1, 2007
Page 2 of 5
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code,
opened the hearing at approximately 4:30 p.m. on August 1, 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:
Scott and Nina Kunze
From the Public:
Elsie Russell, 3108 Swallow Road
Written Comments:
None.
FACTS AND FINDINGS
1. Site Context/Background Information:
Plann% Development and Transport: n
Office of the Director
City of Fort Collins
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:
August 1, 2007
321 East Olive Street (Accessory
Building with Habitable Space), Project
Development Plan
# 18-07
Scott and Nina Kunze
321 E. Olive St.
Fort Collins, CO 80521
Joe Frank
Interim Planning & Development
Director
PROJECT DESCRIPTION: This is a request to finish existing loft space above the
detached garage structure on the rear of the single-family residential lot at 321 E. Olive
Street in order to create habitable space for use by the owners of the principal building.
The property is located on the south side of East Olive Street between Mathews and
Peterson Streets, across from Library Park. The property is in the NCM - Neighborhood
Conservation, Medium Density Zoning District.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: Neighborhood Conservation Medium Density — (NCM)
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 Colleee Avenue • PO Box 580 • Fort Collins. CO 80522-0580 • 970-221-6376