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318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 7 of 4
family and low density multiple -family uses". The uses permitted include
accessory buildings.
The proposal for the 318 East Myrtle Street accessory building, being a new
accessory building with habitable space behind an existing single-family residence, is
considered to be in conformance with the City's adopted East Side Neighborhood
Plan.
SUMMARY OF CONCLUSIONS
The 318 E. Myrtle St., Accessory Building, Project Development Plan complies with the
applicable requirements of the Land Use Code_(LUC), more specifically:
A. The process located in Division 2.2 - Common Development Review Procedures
for Development Applications of ARTICLE 2 - ADMINISTRATION;
B. The standards located in Division 3.2 - Site Planning and Design Standards,
Division 3.3 — Engineering Standards, and Division 3.5 - Building Standards of
ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; and
C. the proposed single-family detached dwelling is permitted in Division 4.7
Neighborhood Conservation, Medium Density District (NCM) of ARTICLE 4 —
DISTRICTS, subject to an administrative review.
DECISION
The 318 E. Myrtle St., Accessory Building PDP, #31-05, is hereby approved by the Hearing
Officer without condition.
Dated this 26th day of September, 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
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318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 6 of 4
of these Preservation areas be maintained, that housing opportunities for all
income groups be allowed, and valuable existing structures be preserved and
renovated. Any new construction or renovation should respect the character
and architectural style of its immediate surroundings."
* In Chapter 2 - Policy Plan, Section 2 Preservation Areas, Section 2.1 - Zoning
(page 22) it states that "The portions of the ESN currently within the RL - Low
Density Residential Zoning District should generally not be considered for
rezoning. The remaining portions of the Neighborhood Preservation Areas
should be rezoned to better reflect the existing mix of predominantly single
family and low density multiple -family uses. A new "Neighborhood
Preservation" Zoning District (described in Appendix A) is recommended."
Appendix A, Section A.1 NP, Neighborhood Preservation District (page
54) states that "This district designation is for areas of existing
residential neighborhoods that contain predominant single family and
low density multiple -family uses." Uses permitted would include
accessory building. The minimum lot area shall be the equivalent of two
times the total floor area of the building, but not less than 4,500 square
feet for a one -family or two-family dwelling and 6,000 square feet for all
other uses.
* In Chapter 2 - Policy Plan, Section 2 Preservation Areas, Section 2.2 - Use
Conversions (pages 22 & 23) it states that "Changes of use are to be generally
discouraged, except as follows:
Conversions which can be demonstrated to further specific goals of the
East Side Neighborhood Plan."
Such use conversions include accessory buildings.
* In Chapter 3 - Implementation Guide, Section 3.1.1 - Land Use (page 46) it
states that changes should be made to the Zoning Ordinance, including the
adoption of a new NP - Neighborhood Preservation District and initiate the
rezoning of the East side Neighborhood as recommended in Figure 4 of the
ENP (page 22-C).
The property at 318 East Myrtle Street is shown to be in the NP -
Neighborhood Preservation Area in Figure 4 of the ENP - Proposed
Land Use Areas
* In Appendix A - Recommended New Zoning Districts, Section A.1
Neighborhood Preservation District (page 54) it states that "This district is for
areas of existing residential neighborhoods that contain predominant single
318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 5 of 4
twenty (20) acres, such infill and redevelopment activity will be supported if designed
to complement and extend the positive qualities of surrounding development and
adjacent buildings in terms of general intensity and use, street pattern, and any
identifiable style, proportions, shapes, relationship to the street, pattern of buildings
and yards, and patterns created by doors, windows, projections and recesses.
Compatibility with these existing elements does not mean uniformity". Forms of
potential infill development may include small, accessory buildings added to lots of
sufficient size with existing houses. In the NCM District in the LUC this ultimately
translated into accessory buildings with or without habitable space. The existing
house at 318 E. Myrtle Street is over 100 years old and the proposed new accessory
building with habitable space will be of a size and height that will be compatible with
the existing house and surrounding single-family residential neighborhood.
The City's Structure Plan Map shows this property to be in a Low Density Mixed -Use
Residential Neighborhood area. The Structure Plan, being a part of the CITY PLAN,
supports small multi -family dwellings on the subject property. The plan states that Low
Density Mixed -Use Neighborhoods, under Neighborhoods, will develop at
approximately five dwelling units per acre overall. These neighborhoods will consist of
a mix of detached homes on small and average size lots, townhomes, duplex units,
and manufactured housing. The proposed accessory building with habitable space at
318 E. Myrtle Street, project will provide laundry, hobby and storage space in a small
structure that would be architecturally consistent with the surrounding single-family
and multi -family residential neighborhood. This property is in the NCM - Neighborhood
Conservation, Medium Density District. The purpose of this district is to preserve the
character of areas that have a predominance of developed single-family and low- to
medium -density multi -family housing.
5. Conformance with the City's East Side Neighborhood Plan
The CITY PLAN is the result of a two-year long process to update the City's
Comprehensive Plan. While the CITY PLAN deals with city-wide policies,
neighborhood plans are needed to help implement CITY PLAN by applying general,
city-wide policies to a specific neighborhood (or subarea). Several CITY PLAN
principles and policies place in context the connection between the overall
Comprehensive Plan and the East Side Neighborhood Plan (adopted in 1986 as an
element of the Comprehensive Plan).
The accessory building at 318 E. Myrtle Street is a property that is identified as being
in the NP - Neighborhood Preservation area in the East Side Neighborhood Plan.
In Chapter 2 - Policy Plan, Section 2.1.2 - Land Use Policies (page 20), in the
general land use area of "Preservation" it states that "It is critical to the
continued viability of the East Side Neighborhood that the existing land use mix
318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 4 of 4
a. The proposal complies with Section 3.2.1(D)(4) Tree Species and Minimum
Sizes in that there are no new canopy shade trees required or proposed.
b. The proposal complies with Section 3.2.1(E)(2) Landscape Area Treatment
in that the Landscape Plan provides for landscaping in all areas that are not
covered by the building, paving, or other impervious services. The
landscaping around the accessory building will consist of vegetable and
herb plantings, flower beds and grapes separated from the turf with
decorative edging.
2. Section 3.2.2, Access, Circulation and Parking
a. The proposal complies with Section 3.2.2(K)(1) Residential Parking
Requirements in that it provides one (1) on -site parking space. One parking
space is required on lots with greater than forty (40) feet of street frontage.
B. Division 3.3, Engineering Standards
1. Section 3.3.5, Engineering Design Standards
The proposal complies with the design standards, requirements, and
specifications for the services as set forth in this section.
C. Division 3.5, Building Standards
1. Section 3.5.1, Building and Project Compatibility
The proposed new accessory building is to be 23' 8" in height. The size,
massing, and height of the building are consistent with building heights in the
neighborhood. The property at 318 E. Myrtle Street is bordered by existing
single-family residential in all four directions.
The roof pitch will be approximately 11:12, with a shingle roofing material. The
building siding material will be horizontal lap siding to match the pattern at the
single-family house on the property.
4. Compliance with Article 4 and the N-C-M Zoning District Standards:
In March of 1997, the City Council took the final steps to complete a two-year long
process to update the City's Comprehensive Plan, known as CITY PLAN. The
Principles and Policies, being a part of the CITY PLAN, support single-family
detached dwellings on the subject property. Policy EXN-1.4 Infill Development and
Redevelopment, under Existing Neighborhoods, states that "For parcels under
318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 3 of 4
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows:
N: NCB; existing single family residential
S: NCM; existing single-family residential
E: NCM; existing single family residential
W: NCB and NCM; existing single-family residential
This property was included in the Original City of Fort Collins; therefore, annexation of
the property has never been necessary.
The property was the west 1/2 of Lot 8 of Block 145 of the Original Town Site Plat of
the City of Fort Collins, dated January, 1873.
2. Compliance with Article 2 Administration:
This Subdivision, PDP complies with the applicable requirements of the LUC, specifically the
procedural requirements located in Division 2.1 - General Procedural Requirements, Division
2.2 - Common Development Review Procedures for Development Applications, and Section
2.4 - Project Development Plan in Article 2 - Administration.
The 318 E. Myrtle St. Accessory Building, PDP contains a proposed land use that is
permitted as Type 1 use, subject to an administrative review. The proposed use is a new
accessory building containing habitable space adjacent to the alley. The LUC does not
require that a neighborhood meeting be held for a Type 1 development proposal and no
meeting was held for this proposal.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards:
The Project Development Plan complies with all applicable General Development
Standards, more specifically as follows:
A. Division 3.2, Site Planning and Design Standards
1. Section 3.2.1, Landscaping and Tree Protection
318 E. Myrtle St., Accessory Building, PDP (#31-05)
Administrative Hearing
Findings, Conclusions, and Decision
September 20, 2005
Page 2 of 4
ZONING DISTRICT: N-C-M, Neighborhood Conservation — Medium Density
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.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 3:30 p.m. on September 13, 2005 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 (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 City Planner
From the Applicant:
Bob Sutter, Architectural Horizons
From the Public:
Judy and Arvin Lovass, 304 E. Myrtle Street
Written Comments:
None
Community Planning and Environmental Services
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: September 20, 2005
PROJECT NAME:
CASE NUMBER:
APPLICANTS:
OWNERS:
HEARING OFFICER:
PROJECT DESCRIPTION:
318 E. Myrtle St., Accessory Building,
Project Development Plan
#31-05
Robert Sutter
Architectural Horizons
PO Box 271217
Fort Collins, CO. 80527
Steve and Heidi Lovass
318 E. Myrtle St.
Fort Collins, CO 80524
Pete Wray
Interim Director of Current Planning Director
This is a request to demolish the existing single car garage and construct a new accessory
building with habitable space at 318 East Myrtle Street. The existing garage is in poor repair
and currently inadequate to meet the owners' needs for storage and hobby work space. The
proposed 600 square foot accessory building will serve the owners as a laundry, study and
storage area. The building will be one and one-half (1 1/2) stories, 23' 8" high. Access to the
new accessory building will be from the alley. The existing single-family residence on the
front portion of the lot is to remain. The property is located on the north side of Myrtle Street,
between Peterson Street (to the east) and Matthews Street (to the west). The property is in
the NCM — Neighborhood Conservation, Medium Density Zoning District.
SUMMARY OF HEARING OFFICER DECISION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020