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HomeMy WebLinkAboutKAUFMAN BARN, ADDING A STRUCTURE TO A PROPERTY WITH A NON-CONFORMING USE - 18-03 - REPORTS - RECOMMENDATION/REPORT (3)Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use # 18-03 December 4, 2003 P & Z Meeting Page 6 The new barn would be constructed on a parcel zoned R-L, Low Density Residential, which also contains a single family detached home. As an accessory structure, the new barn complies with the setback and height requirements of the R-L zone (Article Four). The only applicable Article Three standard would be for the applicant to obtain a demolition permit prior to removal of the three existing sheds. Since the house was constructed in 1957, it is less than 50 years old. It is difficult to determine the age of sheds. The demolition permit process will include a determination of the historic significance of the sheds in accordance with the review criteria. There is no other applicable Article Three standards that would apply to a single family detached home, with an accessory structure. O. The hours of operation of a nonconforming use may not be extended into the hours between 10:00 p.m. and 7.00 a.m. As mentioned, there is no request to extend hours of operation since horse boarding, on a 24-hours-per-day, seven -days -per -week basis, has been conducted on the property within the city limits since annexation in 1970. 4. Findings of Fact/Conclusion: In evaluating the request to add a structure. to a property with a non -conforming use, Staff makes the following findings of fact: A. The request satisfies the requirements of Section 1.5.5 of the Land Use Code. B. The request satisfies the applicable standards of the R-L, Low Density Residential zone district. C. The addition of a new 1,480 square foot horse barn does not adversely affect the surrounding properties. RECOMMENDATION: Staff recommends approval of the Kaufman Barn, Request to Add a Structure to a Property with Nonconforming Use, #18-03. Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use # 18-03 December 4, 2003 P & Z Meeting Page 5 The maximum allowable height for an accessory structure in the R-L zone is 28 feet. The maximum height of the proposed barn would be at the peak of the roof at 15 feet. Therefore, the height of the new barn would comply with the requirements of the R-L zone. J. The enlargement, expansion or construction shall not further encroach upon any nonconforming setback. As mentioned, the placement of the new barn would resolve an existing encroachment by being placed five feet off the west property line in compliance with the requirements of the R-L zone. K. The enlargement, expansion or construction shall not increase or amplify any inconsistency with the parking standards contained within this Land Use Code. There are no parking standards associated with a horse boarding facility. L. The enlargement, expansion or construction shall not hinder the future development of surrounding properties in accordance with the Land Use Code. The construction of the new barn would not hinder future development of surrounding properties in accordance with the Land Use Code. M. The enlargement, expansion or construction shall not present a threat to the health, safety or welfare of the city or its residents. The construction of the new barn would not present a threat to the health, safety or welfare of the city or its residents. N. Where a building, facility, equipment or structure is enlarged, expanded or added pursuant to Section 1.5.5(A), the parcel of ground upon which the building, facility, equipment or structure is located shall be brought into compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Land Use Code. Any new structure that is added to said parcel of ground shall also comply with the applicable general development standards and district standards referenced above. Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use # 18-03 December 4, 2003 P & Z Meeting Page 4 E. Additional traffic generated by an enlargement, expansion or construction must be incorporated into the neighborhood and community transportation network without creating safety problems, or causing or increasing level of service standard deficiencies. The new barn would be an increase in size over that of the old barn by 292 square feet. The new barn would feature six horse stalls versus eight in the old barn. For trip 9eneration and traffic operation purposes, this is considered an incremental increase that would not impact Prospect Road, classified as a standard arterial street. F. The noise and vibration levels that may be generated by the nonconforming use shall not be increased beyond the levels that existed prior to the enlargement, expansion or construction that is under consideration. With modern construction, the new barn would likely result in a lessening of noise that may be generated within the present facilities. G. The outdoor storage areas shall not be expanded or located any closer to an adjoining residential development as a result of the enlargement, expansion or construction. There would be no change to the outdoor storage areas. As mentioned, the placement of the new barn would resolve an existing encroachment by being located further away from the west property line than the existing sheds. H. The proposed enlargement, expansion or construction shall not add more than twenty-five (25) percent of new floor area to existing buildings on the site. The existing three sheds are 1,188 square feet. The proposed barn is 1,480 square feet for an increase of 292 square feet. This represents a 24.5% expansion over the existing sheds. The enlargement, expansion or construction shall not exceed the building height requirements of the zone district in which the property is located. Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use #18-03 December 4, 2003 P & Z Meeting Page 3 equipment which are located on the lot and associated with the nonconforming use (such as expanding the number of fuel pumps at a gas station), and a proposal for adding facilities or structures to the lot which are associated with the nonconforming use, (such as a new canopy over a fuel pump island), shall require the approval of the Planning and Zoning Board. In considering such proposals, the Planning and Zoning Board shall make a finding as to whether or not the enlargement, expansion, or addition would adversely affect the surrounding properties. In making such determination, the Board and the applicant shall be governed by the following limitations: The request is considered a proposal for adding a structure to the lot, which is associated with the nonconforming use. B. The nonconforming use shall not be changed (except to a conforming use) as a result of enlargement, expansion or construction. The construction of the new barn does not cause the use to change. The property will continue to be used for a single-family residence with a horse boarding facility. C. The enlargement, expansion or construction shall not result in the conversion of the nonconforming use of a seasonal to a year-round operation, nor shall it result in the hours of operation being extended into the hours between 10:00 p.m. and 7:00 a.m. Presently, the horse boarding operation is a year-round activity. Horse boarding, by necessity, is already a 24-hour-per-day and seven -days -per -week operation. Therefore, the construction of the new barn does not result in the conversion of the horse boarding operation from a seasonal to a year-round use. D. The nonconforming use shall not be expanded beyond the limits of the parcel of property upon which such use existed at the time it became nonconforming. Presently, the existing to -be -demolished sheds encroach five feet across the west property line. The new barn would remove this encroachment by being constructed in conformance with the setback regulations for the R-L zone. Therefore, the new barn would not cause the operation to be expanded beyond the limits of the property. Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use #18-03 December 4, 2003 P & Z Meeting Page 2 COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: R-L; Existing Single Family Detached S: R-L; Existing Multi -Family E: R-L; Existing Single Family W: R-L; Existing Single Family The property has not been through any previous land use review processes. The property was annexed in 1970 and has contained a horse boarding operation at least since that point. The property also contains a single family detached residence. Presently, there is a horse boarding operation for eight horses. There are a variety of smaller sheds on the property as well. The present operation consists of an old barn containing 1,188 square feet with eight horse stalls. The proposed new barn would be larger with 1,480 square feet but would contain only six horse stalls. The new barn would be located in the northwest area of the property. 2. Section 1.5.5 Enlargement of Building and Expansion of Facilities or Structures: The property is located in the R-L, Low Density Residential, zone district. A horse boarding operation is not a permitted use. However, since the horse boarding operation has been continuously operated in the City for 33 years, it is considered to be a legal, nonconforming use The request to add new barn for the horse boarding operation is governed by Section 1.5.5 of the Land Use Code. The standards of this section, and how the Kaufman Barn complies with these standards are outlined in the following section. 3. Section 1.5.5 Standards: A. A proposal for the enlargement or expansion of a building containing a nonconforming use, a proposal for an expansion of existing facilities and ITEM NO. 9 MEETING DATE 12/4/03 iiA STAFF Ted Shepard Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Kaufman Barn, Adding a Structure to a Property with a Nonconforming Use, #18-03 APPLICANT: Elizabeth Kaufman 2304 West Prospect Road Fort Collins, CO 80526 OWNER: Same PROJECT DESCRIPTION: Request to replace three existing dilapidated horse sheds with a new horse barn. The new barn would be 1,480 square feet featuring six horse stalls. This would replace three sheds containing 1,188 square feet barn with eight horse stalls. The property presently contains a single family detached residence and horse boarding facility located on 3.3 acres at 2304 West Prospect Road. The parcel is zoned R-L, Low Density Residential and the horse boarding operation is considered a nonconforming use. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The request to add a new barn is reviewed by Section 1.5.5 of the Land Use Code. The request satisfies the applicable requirements of the Section 1.5.5. The request satisfies the requirement of the R-L zone. There are no adverse impacts on the surrounding properties. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT