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Home My WebLink About520 SOUTH LOOMIS ACCESSORY BUILDING - PDP - 14-06 - DECISION - MINUTES/NOTES1 Admi hisirafivt TW iG HeA(IAJ �2� S_._La�o_M.iS_�ccesso _ $v_i-loll _ 7°Di' Flo-N_F �1q /L e/ PO )30_ O �_F( 8'US-2 Z �ZL/,'-1.303 � ao rJ2A S : Loomis 22�.73`�� b-� �"(-�rrZ:n Or+'I eo (� Eo o-t, 520 South Loomis Accessory ouilding, PDP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 4 of 4 unpaved alleys rather than a concrete or asphalt surface. As a result, the City adopted a new policy, whereby construction of low intensity uses, i.e. - carriage houses and accessory buildings do not necessitate adjacent alleys to be paved. Although the Hearing Officer finds that some of the details raised through public testimony might potentially improve the acceptance of the PDP by the neighboring landowner, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. The regulations provide sufficient specificity to determine that the Applicant and Owner has designed the PDP in conformance with the applicable regulations. There is no authority for the Hearing Officer to mandate that the Applicant/Owner exceed the minimum requirements of the Land Use Code in designing the development. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3, including the off-street parking standards. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. SUMMARY OF CONCLUSIONS A. The 520 South Loomis Accessory Building Plan, Project Development is subject to administrative review and the requirements of the Land Use Code (LUC). B. The 520 South Loomis Accessory Building Plan, Project Development satisfies the development standards of the MMN zoning district. C. The 520 South Loomis Accessory Building Plan, Project Development complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The 520 South Loomis Accessory Building Plan, Project Development #14-06, is hereby approved by the Hearing Officer without condition. Dated this 27th day of July 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Plannip Director 520 South Loomis Accessory wilding, PDP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 3 of 4 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: NCM; existing single family residential S: NCM; existing single-family residential E: NCM; existing single family residential W: NCM; existing single-family residential The property is platted as Lot 7 and the north 3 feet of Lot 8 of the Westlawn Addition of 1920. 1. Compliance with Article 4 and the MMN Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the MMN Zoning District. 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. Further, the existing and proposed residential development density is permitted. The Staff Report summarizes the PDP's compliance with these specific standards, i.e. - building size, massing, height, and design for "carriage houses" and 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 MMN District Standards. The adjacent neighbor expressed concern that the proposed habitable structure would negatively impact his privacy and provide detrimental impacts to the surrounding neighborhood. Specific concerns were expressed about window placement, architectural compatibility, including building materials, and impact of noise and dust on the adjacent alley. While modifications to the proposed building design based on comments from the adjacent neighbor might potentially improve acceptance of the project, the Hearing Officer has no authority to the mandate that the Applicant redesign the project to incorporate design elements that exceed those required under the LUC. The Hearing Officer is convinced that the proposed building height, massing, location, and materials, window placement, and lot coverage and common open area requirements, are compliant with the requirements. Testimony provided at the hearing incorrectly indicated that the proposed development triggers the requirement for alley paving. As a result of an extensive public process in 2003 to examine the impact of alley housing and accessory structures within the Eastside and Westside Neighborhoods, it was determined that area residents prefer the resulting informal character of existing 520 South Loomis Accessory . uilding, PDP Administrative Hearing Findings, Conclusions, and Decision July 26, 2006 Page 2 of 4 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on July 26, 2006 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: Shelby Sommer, Associate Planner From the Applicant: Beverly Kohl Tom Knebel, Contractor From the Public: Ric Hattman, 524 S. Loomis Written Comments: Letter from Eric Odell, owner of 617 W. Myrtle Street, dated July 26, 2006 Site Photographs from the applicant depicting development site and adjacent lots/structures City of Fort Collins Commi- Ay Planning and Environmental .:rvices Current Planning 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: July 26, 2006 520 South Loomis Street Accessory Building, Project Development Plan #14-06 Charles and Beverly Kohl 2037 Angelo Dr. Fort Collins, CO 80528 Cameron Gloss Current Planning Director PROJECT DESCRIPTION: The applicant proposes to construct a new accessory building with habitable space that will serve as hobby and storage space for the existing residence. The building will be one and one-half (1 1/2) stories, and will contain 600 feet of floor area. The existing residence and garage will remain unaltered. The property is located on the east side of Loomis Street, between Mulberry Street (to the north) and Myrtle Street (to the south). SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: Medium Density Mixed Use Neighborhood — (MMN) 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 • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020