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Home My WebLink About638 WEST PROSPECT ROAD BOARDING HOUSE - PDP - 52-05 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: Meeting Date: IZ/Ig/D n PLEASE PRINT CLEARLY Name Address Phone Email SusAC�J � a0 UJ fJoSwAAlsrim Ridge r. iq, C Or- �� J �f Ir EvAo s 1 5 . CooK 5-T. 'Dtw tCO Soli 15'-z2)1 i 1 e ev cv,\5 Ks-k. 0 51 ��co s ' J ea CO 1' 42 3 30 ✓P,11414 ✓70 Ou nn (� lOrrn.0 Hr CT �05aS q -to -ono J S a �oMuo r. N m 638 W. Prospect Road BoartA.,ig House PDP Administrative Hearing Findings, Conciusions, and Decision December 18, 2006 Page 5 of 5 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glos Current Planni Director 638 W. Prospect Road Boarunng House PDP Administrative Hearing Findings, Conclusions, and Decision December 18, 2006 Page 4 of 5 of the building'code, parking violations, including the use of front lawns as parking areas, impact on historic resources of the nearby Sheeley Neighborhood , and the potential for the proposed boarding house to negatively impact domestic water pressure within the neighborhood. Discussion during the hearing, and corroborated through staffs testimony, indicated that the applicable public review agencies were afforded the ability to comment on each of the cited code issues relative to the Project and no outstanding code compliance issues were identified. Further, the City's historic preservation program did not express a concern over the proposed boarding house and the impact that such conversion would have on nearby historic resources. Although the Hearing Officer understands that changes to the proposed boarding house conversion plans that were 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. SUMMARY OF .CONCLUSIONS A. The 638 W. Prospect Road Boarding House Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The 638 W. Prospect Road Boarding House Project Development Plan complies with all applicable District Standards contained in Article 4 of the Land Use Code C. The 638 W. Prospect Road House Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The 638 W. Prospect Road Boarding House Project Development Plan, #52-05, is hereby approved by the Hearing Officer without condition. Dated this 22nd day of December 2006, per authority granted by Sections 638 W. Prospect Road Boaiuong House PDP Administrative Hearing Findings, Conclusions, and Decision December 18, 2006 Page 3 of 5 FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows N: HMN; existing single-family residential uses, CSU Campus S: RL; existing single-family residential uses E: HMN; existing single-family residential 'uses, CSU Campus W: HMN; existing single-family residential uses The property is currently unplatted and will be platted as the Swanstrom Subdivision as part of the PDP request. This proposal was submitted to the City on November 25, 2005, prior to City Council's adoption of Ordinance 123, 2005 on November 25, 2005, which made amendments to the Land Use Code related to residential occupancy limits, including boarding houses. Therefore, this proposal is subject to the standards of the Land Use Code in place prior to these amendments. 2. Compliance with Article 4 and the HMN Zoning District Standards: The proposed Boarding House use is permitted within the High Density Mixed Use Neighborhood (HMN) zone district subject to Administrative Review. There are no other Land Use Standards applicable to the development. 3. Compliance with Article 3 of the Land Use Code — General Development Standards Four new paved off-street parking spaces will be constructed; therefore, the parking standard will satisfied. One parking space is required for every two beds within the rooming house, based upon the previous Land Use Code standards in effect at the time the PDP was submitted. All parking spaces and access driveway dimensions and construction specifications will be met. The proposed lot complies with the design standards of Section 3.3.1(B) in that the subdivided lot provides vehicular access to a public street, and the side lot lines are at substantially right angles or radial to the street. Testimony was offered at the hearing by a neighboring residential landowner expressing concern about potential inconsistency between the City's enforcement of code requirements within the neighborhood. Of particular 638 W. Prospect Road Boaruing House PDP Administrative Hearing Findings, Conclusions, and Decision December 18, 2006 Page 2 of 5 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. 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 Steve Olt, City Planner Randy Maizland, Development Review Engineer From the Applicant: Jim Swanstrom, applicant From the Public: Jeff Evans, 2414 S. Cook Street, Denver, CO 80210 Susan Winter, 720 W. Prospect Road Tom Hyland, 814 W. Prospect Road Jim Barnett, 6851 Pecos Street, Denver, CO 80221 Written Comments: Letter from Dr. Gordon Hadfield, 1612 Prospect Lane to Steve Olt and Shelby Sommer (not dated) received on December 18, 2006. Copy of e-mail message from Jody and Frank Johnson to Steve Olt dated December 16. 2006. 6iA City of Fort Collins CommL 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: OWNEWAPPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: December 18, 2006 638 West Prospect Road Boarding House Project Development Plan #52-05 Jim Swanstrom PO Box 271516 Fort Collins, CO 80527 Cameron Gloss Current Planning Director The Applicant has submitted a request to convert an existing single-family house located at 638 West Prospect Road to a seven person extra -occupancy rental house (boarding house). There are no changes proposed to the building. The property is located on the north side of West Prospect Road and west of South Whitcomb Street. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: HMN — High Density Mixed -Use Neighborhood 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