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Home My WebLink About606 S. HOWES STREET BOARDING HOUSE - PDP - 18-06 - DECISION - MINUTES/NOTES606 S. Howes Street Boaro,,,g House PDP Administrative Hearing Findings, Conclusions, and Decision September 26/October 5, 2006 Page 5 of 5 1. The granting of the modification would not be detrimental to the public good; and 2. The Plan as submitted will promote the general purpose of the parking standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested because adequate off-street parking is available in a common parking lot serving residents and visitors of the Project. DECISION The 606 S. Howes Boarding House Project Development Plan, #18-06, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall obtain authorization from the Myrtle Street Village Homeowner's Association to utilize off-street parking spaces within the shared lot by means of a signature on the Project Development Plan documents. Dated this 17th day of October 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron GI ss Current PI ning Director 606 S. Howes Street Boarouig House PDP Administrative Hearing Findings, Conclusions, and Decision September 26/October 5, 2006 Page 4 of 5 site, the applicant submitted a request for a modification to the parking standards. Testimony was offered at the hearing by several neighboring residential landowners some of whom are members of the HOA. Concerns were primarily centered on the provision of adequate off-street parking to serve the Project, and the potential negative impact that the Project may have on surrounding properties and, in particular, how the boarding house conversion will impact the ability of nearby property owners within the HOA will to convert their units to boarding houses or other similar intensity uses at some point in the future. Since little documentation regarding these issues was available at the September 26th hearing, the Hearing Officer continued the hearing to October 5th to allow the applicant, City staff and area property owners the opportunity to collect and exchange necessary information. At the continued hearing, the Hearing Officer received the requested information from the staff, applicant and neighboring owners. Neighborhood residents testified to the adequate availability of off-street parking under the present occupancy; observations from multiple staff site visits at various times of the day supported this conclusion. It was clarified during the hearing that future requests for changes in occupancy to surrounding units contained within the HOA, including those requests for Boarding Houses, will trigger the need for a modification to the parking standards should the existing Land Use Code not be further revised with respect to off- street parking standards. Parking modification requests will be evaluated based upon the relevant criteria in effect at the time that such parking modifications are requested. SUMMARY OF CONCLUSIONS A. The 606 S. Howes Boarding House Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The 606 S. Howes Boarding House Project Development Plan complies with all applicable District Standards contained in Article 4 of the Land Use Code C. The 606 S. Howes Boarding House Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, except for Section 3.2.2 (K)(1)0) where a modification of standard has been granted. D. In evaluating the request for Modification, the Hearing Officer finds that: 606 S. Howes Street Boaramg House PDP Administrative Hearing Findings, Conclusions, and Decision September 26/October 5, 2006 Page 3 of 5 Written Comments: Copy of electronic mail message from Sam Martin to Shelby Sommer dated September 25, 2006. Copy of electronic mail message.from Glenn Tyson to Shelby Sommer dated September 25, 2006. FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows N: CC; D Single- and multi -family residential S: CC; CSU Single- and multi -family residential; university and fraternity uses E: CC; Single- and multi -family residential W: CC; NCB; Single- and multi -family residential The property was platted as a portion of Lot 7 of the Harrison Addition in 1881. 2. Compliance with Article 4 and the CC Zoning District Standards: The proposed Boarding House use is permitted within the Community Commercial zone district subject to Administrative Review. There are no other Land Use Standards applicable to the development since no changes are proposed to the site, building or off-street parking. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The applicant's request is to utilize the existing parking held in common with the Myrtle Street Village Apartment Home Owner's Association (HOA) as a means to satisfy parking demand. The HOA provides a parking lot housing 25 standard parking spaces and 2 disabled spaces. The parking spaces are shared between 18 residential units and are available to tenants and visitors on a first -come, first - serve basis. Strict application of the parking standard would require the Project to provide five additional parking spaces (in conjunction with the one existing parking space on - site for a total of six assigned spaces) for a total of 32 spaces within the common parking lot. Since the required number of parking space cannot be provided on- 606 S. Howes Street Boarat.g House PDP Administrative Hearing Findings, Conclusions, and Decision September 26/October 5, 2006 Page 2 of 5 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on September 26, 2006 in Conference Room A at 281 N. College Avenue, Fort Collins, Colorado and continued the hearing to October 5, 2006 at 5:15 p.m. 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 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: Shelby Sommer, Associate Planner Randy Maizland, Development Review Engineer From the Applicant: Andrew Luttropp, applicant Rick Toth, Tierra Surveys From the Public: Mitch and Sherri Brown, 608 S. Howes Street Sam Martin 429 S. Howes Street Bob Kopitzke, 1917 Harmony Drive Glenn Tyson, 223 W. Myrtle Street From the Media: Deon Hampton, Coloradoan Alan Skowron, Coloradoan Comn. pity Planning and Environmenta- -services Current Planning City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 26/October 5, 2006 PROJECT NAME: CASE NUMBER: OWNER/APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: 606 South Howes Boarding House Project Development Plan #18-06 Andrew Luttrop 1719 Norwood Lane Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to convert an existing single-family house at 606 South Howes Street to an eight -person boarding house. There are no changes proposed to the building or the parking lot east of the residence. In conjunction with the PDP, the applicant has submitted a request for a modification to the off-street parking standards of Section 3.2.2. (K)(1)(j). The property is located on the east side of South Howes Street, just south of West Myrtle Street. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: CC- Community Commercial Zone District. 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 • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Comm ,ity Planning and Environmenta, . ervices Current Planning City of Fort Collins October 19, 2006 Dear Participant in the 606 South Howes Boarding House PDP Public Hearing: Enclosed is a copy of the Type I Findings, Conclusions, and Decision for the 606 South Howes Boarding House, File #18-06, 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, &v1bq&aU,,K Shelby Sommer Associate Planner 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 9 FAX (970) 416-2020