HomeMy WebLinkAboutHACIENDA HIGGINS-MARQUEZ - PDP/FDP - FDP120022 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
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CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
HEARING DATE: February 20, 2013
PROJECT NAME: Hacienda Higgins-Marquez
1717 West Mulberry Street
CASE NUMBER: Project Development Plan/Final Plan #120022
APPLICANT: William H. & Rosalda M. Higgins
8571 Secretariat Drive
Wellington, CO 80549
OWNER: William H. & Rosalda M. Higgins
8571 Secretariat Drive
Wellington, CO 80549
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION:
This is a request to plat a 13,482 square foot lot and construct a single-family detached dwelling at
1717 West Mulberry Street, Fort Collins, Colorado (southeast corner of the intersection of West
Mulberry Street and Cook Drive). The property is zoned Low Density Residential (R-L) District.
Two separate Modifications of Standard are requested.
The first Modification of Standard relates to Section 4.4(D)(2)(b) of the City’s Land Use Code
(the “Code”), which establishes the minimum front yard setback in the R-L district at 20 feet. The
Modification would allow the front porch to encroach into the front setback, so that the front
setback would be 15.7 feet.
The second Modification of Standard relates to Section 4.4(D)(2)(e) of the Code, which
establishes the maximum building height for a single-family dwelling in the R-L District at 28
feet. The Modification would allow the height of the dwelling to reach 28.21 feet.
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: Low Density Residential (R-L)
HEARING:
The Hearing Officer opened the hearing at approximately 5:00 p.m. on February 20, 2013, in
Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
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The following persons testified at the hearing:
For the City: Ryan Mounce
For the Applicant: William H. Higgins
The Hearing Officer accepted the following documents: (1) the Planning Department Staff Report;
and (2) the application, plans, maps and other supporting documents submitted by the Applicant to
the City. The Code, the City's Comprehensive Plan and the City’s formally promulgated polices
are all additional evidence considered by the Hearing Officer.
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. The PDP/FDP and Modifications of Standard were processed in accordance with
Division 2.2 of the Code, and no neighborhood input meeting was required or held.
3. The PDP/FDP complies with the applicable General Development Standards contained in
Article 3 of the Code.
a. The PDP/FDP complies with Section 3.2.2(K)(1)(c), Parking Lots, and Section
3.8.10(A), Single-Family and Two-Family Parking Requirements, because it provides
more than the required one off-street parking space for a single-family detached dwelling
on a lot with more than 40 feet of street frontage.
b. The PDP/FDP complies with Section 3.3.1(B)(1), Lots, because the lot is 13,482
square feet in size and the single-family detached dwelling is 2,598 square feet in size.
The lot size is larger than three times the total floor area of the building and larger than
6,000 square feet. The lot provides vehicular access to a public street and the general
layout of the lot, driveway, utilities and drainage is well-designed.
c. The PDP/FDP complies with Section 3.3.1(C)(1), Public Sites, Reservations and
Dedications, because the Applicant will be required to dedicate additional right-of-way for
Mulberry Street at the property’s northern boundary. At the northwest corner, nine feet of
additional right-of-way is being dedicated, increasing to approximately 14 feet at the
northeast corner of the site as Mulberry Street turns to the southeast.
d. The PDP/FDP complies with Section 3.5.1, Building and Project Compatibility,
because the surrounding environment features a mix of uses, lot dimensions/orientation
and architectural styles. No definitive architectural character has been established within
the neighborhood, because of the varying age of nearby structures and their varied uses. To
achieve building and project compatibility, the PDP/FDP will help establish a high
standard of architectural character through the use of design elements, building size,
height, bulk, mass, scale and building materials as noted below.
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e. The PDP/FDP complies with Section 3.5.1(B), Architectural Compatibility,
because the dwelling is a Craftsman-style design that will promote a high architectural
standard.
f. The PDP/FDP complies with Section 3.5.1(C), Building Size, Height, Bulk, Mass,
Scale, because the dwelling uses multiple projections and recesses, breaking up the bulk
and mass of the overall structure.
g. The PDP/FDP complies with Section 3.5.1(E), Building Materials, because the
dwelling will utilize high-quality building materials. Portions of the dwelling near the
base will use a stone-pattern finish, siding will be used in the middle, and the top portions
under the gables will feature shake-shingle hardboard siding painted an accent color.
Additional architectural features such as corbels will be utilized under the gables. Window
and door openings will be surrounded by trim board or shutters.
h. The PDP/FDP complies with Section 3.5.2(E), Garage Doors, because the garage is
not street-facing, and features a window and architectural details that mimic the living area
of the dwelling.
i. The PDP/FDP complies with Section 3.6.2(D), Streets, Streetscapes, Alleys and
Easements, because this lot abuts an arterial street (Mulberry Street), and access for the lot
is from Cook Drive.
4. The PDP/FDP complies with the applicable standards contained in Article 4 of the Code
for the R-L zone district.
a. The PDP/FDP complies with Section 4.4(D)(1), Density, because the lot is 13,482
square feet in size and the dwelling is 2,598 square feet in size. The lot size is larger than
three times the total floor area of the dwelling and larger than 6,000 square feet.
b. The PDP/FDP complies with Section 4.4(D)(2)(a), Dimensional Standards,
because the width of the lot is 148.98 feet, exceeding the 60-foot minimum.
c. The front setback established by Section 4.4(D)(2)(b), Dimensional Standards, is
addressed in the first Modification below.
d. The PDP/FDP complies with Section 4.4(D)(2)(c), Dimensional Standards,
because the rear setback is 17 feet, exceeding the 15-foot minimum.
e. The PDP/FDP complies with Section 4.4(D)(2)(d), Dimensional Standards,
because the lot is a corner lot, and the street-facing side yard has a 22 foot setback and the
interior side yard setback will be 67.6 feet, exceeding the minimums.
f. The maximum building height established by Section 4.4(D)(2)(e), Dimensional
Standards, is addressed in the second Modification below.
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5. The first Modification of Standard (front setback) meets the applicable requirements of
Section 2.8.2(H) of the Code.
a. The Modification would not be contrary to the public good.
b. The Modification will not diverge from the standards of the Code except in a
nominal, inconsequential way when considered from the perspective of the entire
PDP/FDP. The living area of the dwelling is setback the required 20 feet, but
approximately 4.3 feet of the front porch encroach into the minimum setback, meaning the
front yard setback measured to the front of the porch is 15.7 feet. To the south and east of
the property are existing single-family detached dwellings, but their lot sizes, orientations
and front yard setbacks offer no consistent pattern that a reduced front yard setback would
disrupt. As such, the Modification will not affect the surrounding properties. Finally, a
portion of the property fronting Mulberry Street has been dedicated as additional right-of-
way for Mulberry Street, which reduces the building envelope in which to construct a
dwelling.
6. The second Modification of Standard (building height) meets the applicable requirements
of Section 2.8.2(H) of the Code.
a. The Modification would not be contrary to the public good.
b. The Modification will not diverge from the standards of the Code except in a
nominal, inconsequential way when considered from the perspective of the entire
PDP/FDP. The dwelling will exceed the current standard maximum of 28 feet by less than
three inches, which will help accommodate the Craftsman-style design of the dwelling.
The additional height only occurs near the pinnacle of two articulated roof lines, and the
vast majority of the roof is below the maximum height. Part of the elevation increase is
due to hard and expansive soil conditions. The lot is a corner lot, mitigating privacy or
“looming” issues from the increased height. The lot is relatively large and the dwelling
will be situated near the middle of the lot with side yard setbacks greater than standards
require, reducing and mitigating potential impacts to the southern and eastern properties.
Existing, mature landscaping surrounds much of the perimeter of the site and helps
mitigate visual impacts.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP/FDP and the two Modifications of Standard are approved as submitted.
DATED this 26
th
day of February, 2013.
_____________________________________
Kendra L. Carberry
Hearing Officer