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HomeMy WebLinkAbout419 W. MOUNTAIN AVE. - MAJOR AMENDMENT - 42-02 - REPORTS - RECOMMENDATION/REPORT419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 7 E. Because the existing conditions don't comply with the required side yard setbacks and minimum required lot width, and the proposed changes allow the character of the building to be more consistent with the purpose statement of the zone district, staff finds that all three modification requests are not detrimental to the public good. F. Staff finds that the reduced side yard setback along the west property line satisfies the purpose of the standard equally well as a plan meeting the standard because the distance between the two adjacent residential structures is greater than the separation this setback would otherwise ensure. G. Staff finds that the proposed plan satisfies the purpose of the standard equally well as a plan that satisfies the standard because the massing restriction intended to apply between adjacent NCM zoned properties is not applicable in this case because the east property line abuts the Downtown zone district. H. Staff finds that the strict application of the 35 foot minimum lot width would result in unusual and exceptional practical difficulties because the existing lot width cannot be increased due to existing conditions unique to such property, and the said difficulties are not caused by the act or omission of the applicant. 9. RECOMMENDATION: Staff recommends approval of the Major Amendment. Staff recommends approval of all three modification requests. 419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 6 purpose statement of the standard. Staff finds that the reduction side yard setback along the west property line satisfies the purpose of the standard equally well as a plan meeting the standard because the distance between the two residential structures is greater than the separation this setback would otherwise ensure. Equal to or Better Than (For Modification Request #2). The second modification request is also to Section 4.7(E)(4), which requires that the side yard shall be 5 feet for the first 18 feet of adjacent wall height and then an additional 1 foot setback for each 2 foot fraction of extra adjacent building height. Therefore, in this case, the request is to reduce the required side yard setback along the east property line from the required 8 feet to 3.5 feet (the current exterior wall location). The east property line abuts a zone district boundary line between the NCM zone and the D zone (Canyon Avenue Subdistrict), and also abuts an existing public alley. Staff concludes that the purpose of the east side yard setback requirement is to provide a specific restriction on massing between adjacent NCM properties. Staff finds that the proposed plan satisfies the purpose of the standard equally well as a plan that satisfies the standard because the massing restriction intended to apply between adjacent NCM zoned properties is not applicable in this case because the east property line abuts the Downtown zone district. Exceptional Practical Difficulties (For Modification Request #3). The third modification request is to Section 4.7(E)(1) of the LUC to reduce the required minimum lot width from 50 feet to 35 feet. The 35 foot wide lot has been at this dimension for many years, and long before the applicants proposed changes. Staff finds that the strict application of the 35 foot minimum lot width would result in unusual and exceptional practical difficulties because the existing lot width cannot be increased due to existing conditions unique to such property, and the said difficulties are not caused by the act or omission of the applicant. 8. FINDINGS OF FACT/CONCLUSION: A. The application major amendment application for 419 West Mountain, File #42-02 is subject to Planning and Zoning Board Review. B. The requested modifications for the 419 West Mountain are subject to review by the Planning and Zoning Board. C. Staff finds that the proposed Major Amendment complies with the applicable criteria of Article 3 of the Land Use Code. D. Staff finds that the proposed Major Amendment complies with the applicable criteria of Article 4 of the Land Use Code except where three modifications are requested. 419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 5 shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant. 6. APPLICANT'S REQUEST The applicant has proposed that the modification request meets the requirements of LUC 2.8.2 Modification Review Procedures (H) Step 8 (Standards). Please see the attached written justification by the applicant. 7. ANALYSIS OF MODIFICATION REQUEST The applicant contends that the granting of the modifications would not be detrimental to the public good and that the general purpose of the standards are satisfied equally well or better than a plan that satisfies the standards. The Purpose of the Standard Being Modified. The purpose of the NCM zone district, as stated in 4.7(A) of the LUC is, "intended to preserve the character of the areas that have a predominance of developed single-family and low- to medium -density multi -family housing and have been given this designation in accordance with an adopted subarea plan." Not Detrimental to the Public Good (For All Three Modification Requests). The proposed structural addition changes the character of the building from a commercial character to a residential character and will be held to the same setbacks and lot width as the existing building. Because the existing conditions don't comply, and the proposed changes allow the character of the building to be more consistent with the purpose statement of the zone district, staff finds that all three modification requests are not detrimental to the public good. Equal to or Better Than (For Modification Request #1). The first request is to Section 4.7(E)(4) of the LUC to reduce the required side yard setback along the west property line from the required 5 feet to 3.25 feet. To achieve intended preservation of residential character stated in the purpose statement, staff concludes that the five foot side yard setback required along the west property line is intended to ensure that adjacent residential buildings are separated by at least 10 feet. The residence to the west has their driveway on their east property line, and the house sites west of the driveway. The distance between the structures is greater than the 10 feet of separation implied by the 419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 4 4. COMPLIANCE WITH ARTICLE 4 — NCM ZONE DISTRICT STANDARDS (A) Permitted Uses [4.7(B)]. Multifamily dwellings with structural additions are permitted subject to Type 2 review. (B) Land Use Standards [4.7(D)]. The lot area is 7000 square feet and the proposed total building square footage is 3352 square feet. As required, the lot area exceeds the equivalent of two times the total floor area of the building. (C) Dimensional Standards [4.7(E)]. Modifications are requested for compliance with the minimum lot width and side setback requirements. These modifications are analyzed in greater detail later in this staff report. The proposed front yard setbacks of 15 feet, rear yard setbacks 15 feet, as well as the maximum building height restriction of 2 stories are being complied with. 5. THE MODIFICATION PROCESS (A) Section 2.8.2(H) of the LUC specifies that in order to approve a modification the Planning and Zoning Board must find that: (1) the granting is not detrimental to the public good, and that (2) one of the following statements is satisfied: (a) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested, or (b) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan, or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible, or (c) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, 419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 3 E: D (Canyon Avenue Subdistrict) — Existing alley, existing 3 story mixed -use and 2 story commercial buildings on same block, vacant grocery store site, mid -rise bank. S: NCM & D (Canyon Avenue Subdistrict) — Mixture of existing historic neighborhood, parking lots, and 1 and 2 story commercial buildings. The property is part of the original platted area of the City of Fort Collins, January 1873. 2. THE MAJOR AMENDMENT (A) The building existed as a non -conforming permitted use of `office" in the NCM zone district, and was occupied last by Larimer County until approximately June 1999. The building was then unoccupied for a period of over a year. The 12 months of non-use as an `office" eliminated the use as being a permitted within the NCM zone district. The building was subsequently approved through the process of a Building Permit Review as a two family dwelling. A building permit was issued on December 28, 2001 and a certificate of occupancy was issued August 8, 2002. As part of that approval, the duplex was approved for the southern half of the building, and the northern half of the building was approved as storage. This major amendment is to amend this aforementioned building permit review approval from two residential dwelling units to three. (B) Because multifamily dwellings with structural additions are a Type 2 permitted use in the NCM zone district, the major amendment is subject to Planning and Zoning Board approval. (C) Major Amendments are required to the maximum extent feasible to comply with the applicable standards set forth in Articles 3 and 4 of the LUC. 3. COMPLIANCE WITH ARTICLE 3 — GENERAL DEVELOPMENT STANDARDS (A) Landscaping [3.2.1]. Existing front and rear yard landscaping satisfy the required street tree, full tree stocking, foundation planting, and parking lot perimeter landscaping requirements. (B) Access, Circulation and Parking [3.2.2]. Off-street parking is provided with six outdoor parking spaces in the rear yard and one single -car garage, all of which are accessed off the existing alley. A total of six off-street parking spaces are required, and seven are provided, one of which is designated as a handicap accessible space. (C) Residential Building Standards [3.5.2]. As required a primary facade with the entry to a dwelling unit faces and opens directly onto a street sidewalk. 419 West Mountain, Major Amendment & Modification Requests, File #42-02 December 19, 2002 P&Z Meeting Page 2 "(E) Dimensional Standards. (1) Minimum lot width shall be forty (40) feet for single-family and two-family dwellings and fifty (50) feet for all other uses. (2) Minimum front yard setback shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15) feet in all other conditions. (4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for schools and places of worship shall be twenty-five (25) feet (for both interior and street sides). (5) Maximum building height shall be two (2) stories." Modification Request #1. The first request is to Section 4.7(E)(4) of the LUC to reduce the required side yard setback along the west property line from the required 5 feet to 3.25 feet. Modification Request #2. The second modification request is also to Section 4.7(E)(4), but in this case the request is to reduce the required side yard setback along the east property line from the required 8 feet to 3.5 feet. Modification Request #3. The third modification request is to Section 4.7(E)(1) of the LUC to reduce the required minimum lot width from 50 feet to 35 feet. COMMENTS 1. BACKGROUND The surrounding zoning and land uses are as follows: W: NCM — Existing historic neighborhood, N: NCM & NCB — West Mountain Avenue, existing historic neighborhood, ITEM No. 7 MEETING DATE 12/19/0re ia STAFF Troy Jones Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: 419 W. Mountain Avenue, Major Amendment and Modification Requests, File #42-02 APPLICANT/OWNER: Bruce Froseth Kreul Froseth Architects 1630 S. College Ave. Fort Collins, CO 80525 PROJECT DESCRIPTION: This is a request to convert the existing building at 419 W. Mountain Avenue from a two-family residential building to a multifamily residential building with three dwelling units. All construction will take place on the northern half of the building. The existing first floor will be remodeled and a second story will be placed over the existing foundation with a second story balcony extending over the existing front fagade. As part of this submittal, 3 modifications to the LUC are requested. The first modification is to reduce the required side yard setback along the west property line from the required 5 feet to 3.25 feet, the second modification request is to reduce the required side yard setback along the east property line from the required 8 feet to 3.5 feet, and the third modification request is to reduce the required minimum lot width from 50 feet to 35 feet. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Maior Amendment. The existing two-family dwelling at 419 West Mountain may be expanded, adding a third dwelling unit, through the process of a Major Amendment in accordance with the procedure/criteria spelled out for major amendments in Section 2.2.10(B)(1) of the LUC. The Modification Requests. This application includes the following three requests for modifications of the Land Use Code: All three requests relate to Section 4.7 Neighborhood Conservation, Medium Density District, (E) Dimensional Standards of the LUC, which states the following: COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO.Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT