HomeMy WebLinkAbout1020 WEST PROSPECT ROAD, BOARDING HOUSE - PDP - 44-05 - DECISION - MINUTES/NOTES1020 W. Prospect Boarding h,. jse PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 28, 2006
Page 4 of 4
SUMMARY OF CONCLUSIONS
A. The 1020 West Prospect Road Boarding House Project Development Plan is
subject to administrative review and the requirements of the Land Use Code
(LUC).
B. The 1020 West Prospect Road Boarding House Project Development Plan
satisfies the development standards of the HMN zoning district.
C. The 1020 West Prospect Road Boarding House Project Development Plan
complies with all applicable General Development Standards contained in Article
3 of the Land Use Code.
DECISION
The 1020 West Prospect Road Boarding House Project Development Plan, #44-05, is
hereby approved by the Hearing Officer without condition.
Dated this 28th day of March 2006, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron Gloss
urrent Planning Director
1020 W. Prospect Boarding f._.,se PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 28, 2006
Page 3 of 4
N: H-M-N; Single-family residential
S: M-M-N; Single-family residential
E: H-M-N; Single Family residential
W: H-M-N; NCB Single-family residential and commercial
This property was annexed into the City as part of the West Prospect
Consolidated Annexation in 1957 and platted as part of the Woods Resubdivision
approved in 1958.
The development application was submitted on November 8, 2005 prior to City
Council's adoption of Ordinance 123, 2005 on November 15, 2005, which made
amendments to the Land Use Code related to residential occupancy limits,
including boarding houses. Therefore, the application is subject to Land Use
Code standards applicable prior to these 2005 amendments.
2. Compliance with Article 4 and the HMN Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the HMN zone district. The Staff Report summarizes the PDP's
compliance with these standards and no specific evidence was presented to
contradict or otherwise refute the compliance with Article 4 or the HMN District
Standards. In particular, the proposed boarding house is permitted within the
HMN zone district subject to an administrative review.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The proposed three off-street parking spaces complies with the standards found
in Section 3.2.2 (K) (2) (e) that were in effect at the time of the development
application.
The existing building fails to comply with the 30 foot setback from an arterial
street right-of-way; however, since this is an existing condition, and no physical
changes to the site or building are part of the application, a legal, non -conforming
condition has been established with respect to the building setback.
There was no evidence introduced at the hearing to contradict the Staff Report;
therefore, the Hearing Officer finds that the Project Development Plan is in
conformance with the applicable requirements found in Article 3 of the Land Use
Code.
1020 W. Prospect Boarding F,.,,jse PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 28, 2006
Page 2 of 4
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 3:00 PM on March 28, 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; and (2) an application, plans, maps and other supporting
documents submitted by the applicant and the applicant's representatives to the City of
Fort Collins. 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:
Kris Ticnor
From the Public:
None.
Written Comments:
None.
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
City of Fort Collins
Commu_ _4y 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:
PROJECT DESCRIPTION:
March 28, 2006
1020 West Prospect Road Boarding
House Project Development Plan
#44-05
Kris Ticnor
305 W. Magnolia Ave. #178
Fort Collins, CO 80521
Richard Taranow
32731 Granada Hills
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to convert a single family house into a 6-person
boarding house. There are no changes proposed to the building or site. The property is
located on the north side of West Prospect Road just east of South Shields Street.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: High Density Mixed Use Neighborhood- H-M-N.
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