HomeMy WebLinkAboutB.U.H. SUBDIVISION (651 WHEDBEE & 420 E. LAUREL) REPLAT - PDP/FDP - 8-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONA. t
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
651 Whedbee/420 East Laurel Street Replat - #08-02
Administrative Hearing Date: April 24, 2002
Page 4
DECISION
The Hearing Officer hereby approves the 651 Whedbee/420 East Laurel Replat,
#08-02.
DATED THIS 8th day of May 2002.
Linda C. Michow, Hearing Officer
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T
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision .
651 Whedbee/420 East Laurel Street Replat - #08-02
Administrative Hearing Date: April 24, 2002
Page 3
2. The Replat is in Compliance with Article 2, Administration: The record
reflects that all of the procedural requirements and development review procedures
for development applications and project development plans have been met with
respect to this Replat.
3. The Replat is in Compliance with Article 3 — General Development
Standards: The evidence presented at the hearing establishes that the Replat
complies with all of the applicable requirements of Article 3, as explained below.
The staff report indicates the Project's general conformance with Division 3.3
concerning engineering standards. Specifically, the evidence presented at the
hearing reflects that the Project complies with the City's plat standards (Section
3.3.1), including the criteria for lots. The proposed lots will not have access to more
than one street and the side lot lines are substantially at right angles to the street.
In compliance with section 3.3.1(B)(2), and as noted in the staff report, the general
layout of lots, roads, driveways and utilities within the Replat has been designed to
enhance an interconnective street system within and between neighborhoods and to
preserve natural features. Since the Replat is located within an existing and well -
established subdivision, and the property already contains two residential structures,
the Replat generally accomplishes the purposes and intent of the Land Use Code.
According to the staff report, the dedication of public rights -of -way and easements is
not required for this Replat because all necessary dedications were accomplished
with the original plat. Therefore, the Hearing Officer finds that the Replat complies
with Section 3.3.1(C).
SUMMARY OF CONCLUSIONS
A. The 651 Whedbee/420 East Laurel Replat satisfies the land use standards of the
Neighborhood Conservation Medium Density (NCM) Zone District.
B. The Replat complies with the administrative and procedural requirements located in
Division 2.1, Division 2.2 and Division 2.4 of Article 2, Administration.
C. The Replat meets the plat requirements set forth in section 3.3.1, Plat Standards, of
Article, 3, General Development Standards of the Land Use Code.
LCM\57069.21 \409660.01
City of Fort Collins — Type 1 Administrative Hearing
Findings, Conclusions, and Decision
651 Whedbee/420 East Laurel Street Replat - #08-02
Administrative Hearing Date: April 24, 2002
Page 2
reports and other supporting documents submitted by the Applicant and the Applicant's
agents to the City of Fort Collins; (3) photographs taken of the Project; and (4) a tape
recording of testimony provided during the hearing. The Fort Collins Land Use Code
("LUC"), the City's Comprehensive Plan, and the formally promulgated policies of the
City are all considered part of the evidence considered by the Hearing Officer.
FACTS AND FINDINGS
1. The Proposed Uses Are Permitted Uses within the Neighborhood
Conservation Medium Density (NCM) Zone District: The staff report reveals that
the Project is adjacent to the following surrounding zoning and land uses:
N: NCM single family residential
S: NCM single family residential
E: NCM single family residential
W: NCM single family residential.
The staff report indicates that the residential uses of these lots are permitted within
the NCM zone district. No evidence presented at the hearing contradicted this
finding.
Compliance with NCM District Standards (Division 4.7): Based on the evidence
presented at the hearing, the Replat complies with Division 4.7 of the LUC.
Specifically, the land use standards set forth in subsection (D) require that the
minimum lot area for single family residential must be the equivalent of two times the
total floor area of the buildings but not less than 5,000 square feet. The two existing
houses on the property have less than 2,500 square feet of floor area and the
proposed lots are 4,295 and 5,205 square feet in area. According to the staff report,
because the smaller lot is less than the required 5,000 square feet, the Applicant
applied for and received a variance from the Zoning Board of Adjustment to allow for
the 4,295 sq. ft. lot. With the approved variance, the Replat complies with Section
4.7(D) of the LUC. There was no testimony from the public to object to the lot sizes
and, in fact, one neighbor testified that replatting the property would be consistent
with the character and size of surrounding properties.
In addition, according to the staff report and as reflected on the plat, each proposed
lot has a lot width greater than the 40 feet required by Section 4.7(E).
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City of Fort Collins
Commu.aty Planning and Environmental _rvices
Current Planning
CITY OF FORT COLLINS, COLORADO
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS, AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
April 24, 2002
651 Whedbee/420 East Laurel Replat — #8-02
APPLICANT: Joseph Stephen Mack
420 East Laurel Street
Fort Collins, Colorado 80524
OWNER: Joseph Stephen Mack
420 East Laurel Street
Fort Collins, Colorado 80524
HEARING OFFICER:
Linda C. Michow, Esq.
Gorsuch Kirgis LLP
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
PROJECT DESCRIPTION: The Applicant has submitted a request to replat a portion of
Lot 1, Block 156, City of Fort Collins Subdivision into two new lots, comprising a total of
approximately 9500 square feet (hereinafter the "Replat" or "Project'). The property is
located at the northwest corner of East Laurel Street and Whedbee Street.
SUMMARY OF HEARING OFFICER DECISION: Approval.
ZONE DISTRICT: Neighborhood Conservation Medium Density (NCM).
NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence
presented to the Hearing Officer established that the hearing was properly noticed in
accordance with the City of Fort Collins Land Use Code. No neighborhood meeting was
required nor held.
PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land
Use Code, opened the hearing at approximately 7 p.m. on April 24, 2002 in the City
Council Chambers at City Hall located at 300 West LaPorte Avenue, Fort Collins,
Colorado.
RECORD OF HEARING: The Hearing Officer accepted during the hearing the
following evidence: (1) Planning Department staff report; (2) application, plats, maps,
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