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Home My WebLink AboutPREISS SUBDIVISION (619 WHEDBEE ST.), REPLAT - PDP - 16-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONn a `__ - - - Preiss Subdivision Administrative Hearing Findings, Conclusions, and Decision May 29, 2002 Page 5 of 5 The subdivision does not trigger alley improvements, i.e.-relocation of existing encroachments, utility improvements and paving, because a replat is not defined as "development'. Although the Hearing Officer finds that many of the concerns raised by neighboring residents of the subdivision are insightful, the development application must be judged under the existing applicable regulations of the City of Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant or Owner has designed the subdivision in conformance with the applicable standards of Article 3. There is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code when designing the subdivision, or to project impacts of future development not part of this application. SUMMARY OF CONCLUSIONS A. The Preiss Subdivision is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Preiss Subdivision satisfies the development standards of the N-C-M zoning district. C. The Preiss Subdivision complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Preiss Subdivision, #16-02, is hereby approved by the Hearing Officer without condition. Dated this 11th day of June 2002, per authority granted 1.4.9(E) and 2.1 of the Land Use Code. �, / Cameron Glos6 Current PlanKing Director Preiss Subdivision Administrative Hearing Findings, Conclusions, and Decision May 29, 2002 Page 4 of 5 associated with a potential, future conversion of the existing, historic "carriage" house to a dwelling unit. The applicant acknowledged that no changes are being proposed to the carriage house at this time. There was public testimony presented related to economic impacts, either as a benefit to the property owner or the potential to devalue nearby properties, as a result of the subdivision. Some of the comments indicate a perception that neighboring property values are enhanced if the subdivision does not occur. Several speakers cited concerns about additional perceived impacts along the alley. It was noted that existing alley encroachments effectively narrow the alley to a width considerably less than the 20 feet -wide platted alley right-of-way, and that the alley was not designed to function as a street. Concerns were expressed about the potential impacts of this subdivision to the historic character of the neighborhood and existing carriage house. An issue raised by one neighborhood resident related specifically to owner versus rental occupancy of dwellings on the site. She expressed that occupancy of the carriage house is not objectionable if the owner continues to reside in the "front house". If the subdivision does not occur and the owner resides in the front house, the perception is that there will be greater likelihood that the property will be well maintained and activities in the carriage house monitored. Issues related to future, potential impacts raised during the public hearing fall outside the criteria used by the Hearing Officer to evaluate the subdivision. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Subdivision is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lots comply with the minimum lot area requirement of 5,000 square feet for single family lots in the N-C-M, Neighborhood Conservation — Medium Density zone district. Each lot has vehicular access to a public street or alley. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates proper dedications for pedestrian and utility easements as needed to serve both lots. Preiss Subdivision Administrative Hearing Findings, Conclusions, and Decision May 29, 2002 Page 3 of 5 Written Comments: None FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: N-C-M; Existing Residential S: N-C-M; Existing Residential E: N-C-M; Existing Residential W: N-C-M; Existing Residential The property was platted as Lot 4, Block 156 of the original town plat. 2. Compliance with Article 4 and the N-C-M Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to replat the 10,060 square foot lot, in order to create two new lots of 5,030 square feet, complies with the following standards: A. Section 4.7(D)(1) — Land Use Standards The two new lots comply with the minimum lot area requirement of 5,000 square feet for single family lots in the N-C-M, Neighborhood Conservation — Medium Density zone district. B. Section 4.7(E)(1)(2)(3)(4) — Dimensional Standards (1) Both lots exceed the required minimum of 40 feet of street/alley frontage. Lot One has 53 feet of frontage along Whedbee Street and Lot Two has 53 feet of frontage along the alley. Both the street and alley are shown as previously dedicated public rights -of -way. (2) Front, side and rear setbacks will be reviewed as per the Basic Development Review process for a building permit. While there was no direct testimony or evidence presented at the public hearing to contradict compliance with the land use and dimensional standards prescribed within the zoning district, public testimony identified perceived negative impacts Preiss Subdivision Administrative Hearing Findings, Conclusions, and Decision May 29, 2002 Page 2 of 5 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. Note: legal notice identified this development application as the "619 Whedbee Replat". The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:00 p.m. on May 29, 2002 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: Bob Barkeen, City Planner Katie Moore, Engineer From the Applicant: Steve Preiss From the Public: Randall and Jo Luttrell, 630 Peterson Street Madeline Weisz, 605 Peterson Street Bonnie Lea -Lee Kunkler, 613 Whedbee Street Melissa and Tripp Hughes, 632 Peterson Street Lue Rosenoff, 610 Whedbee Street Lauren McMilki Doug and Kristi Buffington, 628 Peterson Street City of Fort Collins Comm. _ty Planning and Environmental-ervices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: May 29, 2002 Preiss Subdivision #16-02 Steve Preiss 619 Whedbee Street Fort Collins, CO 80524 Ayers Associates 3665 JFK Parkway, Bldg. 2, Suite 200 Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat Lot 4, Block 156, City of Fort Collins Subdivision into two lots. The original lot contains 10,060 square feet and features one single family dwelling facing Whedbee Street and one carriage house at the rear of the lot. The request evenly splits the property into two lots, each of 5,030 square feet. As a result of this replat, the existing single family house and the carriage house would be on separate lots. The site is located along the west side of Whedbee Street, between Myrtle and Laurel Streets. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: N-C-M, Neighborhood Conservation — Medium Density STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020