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Shaw Replat
Administrative Hearing
Findings, Conclusions, and Decision
March 23, 2004
Page 4 of 4
SUMMARY OF CONCLUSIONS
A. The Shaw Replat Project Development Plan is subject to administrative review
and the requirements of the Land Use Code (LUC).
B. The Shaw Replat Project Development Plan complies with all applicable District
Standard contained in Article 4 of the Land Use Code
C. The Shaw Replat Project Development Plan complies with all applicable General
Development Standards, including the Plat Standards, contained in Article 3 of
the Land Use Code.
DECISION
The Shaw Replat Project Development Plan, #36-03, is hereby approved by the
Hearing Officer without condition.
Dated this 24th day of March 2004, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron Gloss"
Current Planning Director
Shaw Replat
Administrative Hearing
Findings, Conclusions, and Decision
March 23, 2004
Page 3 of 4
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
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, LMN existing park, existing multi -family residential
The property was annexed into the City, by resolution, as part of the Capital Hill Addition
Annexation in June 1907.
The property was subdivided as Lots 1 and 2, Block 326 of the Doty & Rhodes Addition
(date unknown, prior to 1907).
2. Compliance with Article 4 and the NCM Zoning District Standards:
The proposed subdivision complies with the Land Use and Dimensional
Standards defined by Section 4.7 D (1) and E (1) in that all of the lots exceed
5,000 square feet in area and forty (40) feet in width. It is the Hearing Officer's
finding that, even with a nominal difference in lot width (39.90 versus 40.00 feet),
the Project is found to be in compliance with the lot width standard in that the
vast majority of the lot, including the building envelope area, is 67.35 feet in
width.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
A. Section 3.3.1 [B] — Lots
The proposed lot complies with the design standards in that the lots provide
vehicular access to a public street, and the side lot lines are at substantially right
angles or radial to the street.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat includes dedication of public utility and drainage easements, and a
private driveway easement, necessary to serve the subject property.
Shaw Replat
Administrative Hearing
Findings, Conclusions, and Decision
March 23, 2004
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 March 23, 2004 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:
Steve Olt, City Planner
Katie Moore, Development Review Engineer
From the Applicant:
Ron Grace, property owner representative
Jack Blake, Stewart and Associates
From the Public:
Tim Golba, 530 N. Shields Street
Bill Roth, 1111 Elm Street
Don Lightbody, 534 N. Shields Street
Written Comments:
None
City of Fort Collins
Commu- -,Ly 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:
[91TA11I4:ii
APPLICANT:
HEARING OFFICER:
PROJECT DESCRIPTION:
March 23, 2004
Shaw Replat Project Development Plan-
#36-03
John Shaw
1614 Oakridge, Unit A
Fort Collins, CO 80521
Stewart & Associates
c/o Jack Blake
103 S. Meldrum Street
Fort Collins, CO 80521
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to replat two lots into three lots. The Project is
located on the north side of Elm Street, between North Shields Street and Griffin Place.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: NCM- 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.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020