HomeMy WebLinkAbout614 LESSER DRIVE CARRIAGE HOUSE - FDP190013 - DECISION - HEARING OFFICER DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: October 16, 2019
PROJECT NAME: 614 Lesser Drive Carriage House
CASE NUMBER: PDP/FDP #190013
APPLICANT: Mike Hutsell
Highcraft Builders
429 S. Howes Street
Fort Collins, CO 80521
OWNER: Taliesen LLC
429 S. Howes Street
Fort Collins, CO 80521
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: Taliesen, LLC, a Colorado limited liability company, has filed an
application to construct the following on Lot 16, Lesser’s Subdivision, City of Fort Collins (the
“Subject Property”): (1) a one and one-half story, 799 square foot carriage house on the rear half of
the Subject Property; and (2) a 217 square foot addition onto the existing single-family residence
located on the Subject Property. The Subject Property is addressed as 614 Lesser Drive, Fort
Collins, CO 80524.
The application is being processed as a combined Project Development Plan (PDP) / Final
Development Plan (FDP) and the Subject Property consists of 5,000 square feet (lot dimensions of
40’ x 125’).
The project contains a total of four (4) off-street parking spaces located behind the existing single-
family residence.
BACKGROUND:
Applicable project background is detailed in the Planning Department Staff Report prepared for this
application, a copy of which is attached to this decision as ATTACHMENT A and is incorporated
herein by reference.
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The surrounding zoning and land uses are set forth below:
North South East West
Zoning Neighborhood
Conservation, Buffer
District (N-C-B)
Neighborhood
Conservation, Buffer
District (N-C-B)
Limited Commercial
(C-L)
Neighborhood
Conservation, Buffer
District (N-C-B)
Land
Use
Single-family attached
(Lesser’s Subdivision)
Single-family attached
(Lesser’s Subdivision)
Major Automotive
Repair (Houska
Automotive)
Single-family attached
(Lesser’s Subdivision)
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: (N-C-B) Neighborhood Conservation, Buffer District
HEARING: The Hearing Officer opened the hearing at approximately 6:00 p.m. on Wednesday,
October 16, 2019, in the Community Room (North Entrance), 215 N. Mason Street, Fort Collins,
Colorado.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Project Vicinity and Zoning Map.
2. Planning Department Staff Report prepared for 614 Lesser Drive Carriage House
(PDP/FDP #190013). A copy of the Staff Report is attached to this decision as
ATTACHMENT A and is incorporated herein by reference
3. 614 Lesser Drive Carriage House Project Narrative.
4. 614 Lesser Drive Carriage House Plan Set (6 pages).
5. 614 Lesser Drive Carriage House Utility Plan Set (3 pages).
6. 614 Lesser Drive Carriage House Drainage Letter dated September 6, 2019 prepared
by Advanced Engineering, LLC.
7. Deed of Dedication for Right-of-Way (draft).
8. Deed of Dedication for Easement (draft).
9. PowerPoint presentation prepared by City Staff for the October 16, 2019 public
hearing.
10. Copy of written notice of hearing mailed on October 2, 2019.
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11. Affidavit of Publication dated October 7, 2019, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradoan on October 7, 2019.
12. Rules of Conduct for Administrative Hearings.
13. Administrative (Type 1) Hearing: Order of Proceedings.
14. The City’s Comprehensive Plan, Land Use Code, and the formally promulgated
polices of the City are all considered part of the record considered by the Hearing
Officer.
TESTIMONY: The following persons testified at the hearing:
From the City: Kai Kleer, City Planner
From the Applicant: Mike Hutsell
Highcraft Builders
429 S. Howes Street
Fort Collins, CO 80521
From the Owner: Bryan Soth
Taliesen LLC
429 S. Howes Street
Fort Collins, CO 80521
From the Public: Chris Lawrence, 616 Lesser Dr., Fort Collins, CO 80524
Terry Scofield, 516 E. County Rd 66E, Fort Collins, CO
80524
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Evidence presented to the Hearing Officer established the fact that a portion of the trunk of
an existing large elm tree located mainly on property addressed as 616 Lesser Drive
(Lawrence residence) may cross the property line and be located on the southeastern portion
of the Subject Property.
3. Sec. 4.9(E)(3)(c) of the Land Use Code sets forth additional review criteria for carriage
houses and accessory buildings with habitable space. Subsection 3. of that Section includes
the following additional standard applicable to the proposed carriage house on the Subject
Property: “Buildings, structures, open spaces and other features of the site plan shall be
oriented and located such that they maintain natural resources, including existing significant
trees and shrubs, to the extent reasonably feasible.” Evidence presented to the Hearing
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Officer confirmed that there is likely no conflict between parking space #4 (located between
the proposed carriage house and the Lawrence residence at 616 Lesser Drive), but the
Hearing Officer finds that an on-site meeting with the City Forestry Department, the
Applicant, and Mr. Lawrence should be scheduled and conducted in order to ensure that
appropriate mitigation strategies are investigated and employed, if necessary, to ensure that
the existing large elm in the vicinity parking space #4 is maintained, to the extent reasonably
feasible.
4. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code;
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code; and
C. the Application complies with the applicable Neighborhood Conservation, Buffer
(N-C-B) Zone District standards contained in Article 4, Division 4.9 of the Land Use
Code.
5. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as
ATTACHMENT A and is incorporated herein by reference.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The 614 Lesser Drive Carriage House Project Development Plan (PDP/FDP
#190013) is approved for the Subject Property as submitted.
B. The Applicant shall coordinate and participate in an on-site meeting with the City
Forestry Department and Mr. Lawrence to explore appropriate mitigation strategies,
if and as necessary, to ensure that the existing large elm in the vicinity of parking
space #4 is maintained, to the extent reasonably feasible.
DATED this 25th day of October, 2019.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
614 Lesser Drive Carriage House Project Development Plan / Final Development Plan
(PDP/FDP# 190013)
Development Review Staff Report Agenda Item 1
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing: October 16, 2019
614 Lesser Drive – Carriage House
Summary of Request
This is a request to construct a 799 square foot carriage house and
a 217 square foot addition onto the existing single-family residence
located at 614 Lesser Drive.
Zoning Map (ctrl + click map to follow link)
Next Steps
If approved by the decision maker, the applicant will be eligible to
submit plans for recordation. Following recordation, the applicant or
representative thereof will be eligible to submit the construction
drawings for building permit review and issuance.
Site Location
Located approximately 500 feet southwest of
the Springer Natural Area and 650 feet north of
Laurel Elementary School.
Zoning
Neighborhood Conservation Buffer District (N-
C-B)
Property Owner
Taliesen LLC
429 S Howes Street
Fort Collins, CO 80521
Applicant/Representative
Mike Hutsell
Highcraft Builders
429 S Howes Street
Fort Collins, CO 80521
p. 970.472.8100 e. mike@highcraft.net
Staff
Kai Kleer, City Planner
p. (970) 416-4284 e. kkleer@fcgov.com
Contents
1. Project Introduction .................................... 2
2. Public Outreach ......................................... 3
3. Article 2 – Applicable Standards ................ 3
4. Article 3 - Applicable Standards ................. 4
5. Article 4 – Applicable Standards: ............... 5
6. Findings of Fact/Conclusion ...................... 7
7. Recommendation ....................................... 7
8. Attachments ............................................... 7
Staff Recommendation
Approval
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 2 of 7
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1. Project Introduction
A. PROJECT DESCRIPTION
• This application is being processed as a combined Project Development Plan (PDP)/Final Development
Plan (FDP).
• The project is contained within Lot 16 of the 1947 Lesser’s Subdivision.
• The lot is a 5,000 square foot site (40’x125’).
• The one and a half-story carriage house is proposed to be located on the rear half of the lot.
• Existing sheds are anticipated to be removed with the development of this site.
• The addition to the existing single-family residence proposes to add 217 square feett
• The site will contain four off-street parking spaces located behind the existing single-family residence.
B. SITE CHARACTERISTICS
1. Development Status/Current Conditions
The site currently contains a single-family residence and two sheds. Larimer County Assessor records
indicate that the building was built in 1921, however no building permit is on record with the City of Fort
Collins.
The site was part of the 1947 Lesser’s Subdivision which was later annexed as part of the Lesser’s Addition
on May 26, 1955.
2. Surrounding Zoning and Land Use
North South East West
Zoning Neighborhood
Conservation, Buffer District
(N-C-B)
Neighborhood
Conservation, Buffer
District (N-C-B)
Limited Commercial (C-
L)
Neighborhood
Conservation, Buffer
District (N-C-B)
Land
Use
Single-family attached
(Lesser’s Subdivision)
Single-family attached
(Lesser’s Subdivision)
Major Automotive
Repair (Houska
Automotive)
Single-family attached
(Lesser’s Subdivision)
C. OVERVIEW OF MAIN CONSIDERATIONS
The main considerations have been parking and design of the carriage house. Because the lot is 40 feet in
width each single-family residence/carriage house require two off-street parking spaces (four total) to meet
the required standard.
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 3 of 7
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2. Public Outreach
A. NEIGHBORHOOD MEETING
Pursuant to 2.2.2 – Step 2: Neighborhood Meetings, a neighborhood meeting is not required for Administrative
(Type 1) projects. Therefore, a neighborhood meeting was not held for this project.
B. PUBLIC COMMENTS:
No public comment on the development project has been received at this time. Any communication received
between the public notice period and hearing will be forwarded to the Hearing Office to be considered when
making a decision on the project.
3. Article 2 – Applicable Standards
A. BACKGROUND
This project was submitted on July 28, 2019 as a combined Project Development Plan (PDP)/Final Development
Plan (FDP). The project required three rounds of staff review prior to hearing.
B. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review # CDR190042 (May 16, 2019)
A conceptual review meeting was held on May 16, 2019.
2. First Submittal (PDP190013)
The first submittal of this project was completed on June 28, 2019.
3. Neighborhood Meeting
Not applicable pursuant to 2.2.2 – Step 2: Neighborhood Meetings.
4. Project Expiration
In accordance with 2.2.11 – Step 11: Lapse, a project must be diligently pursued and resubmitted within 180
days of receiving written comments. The project satisfies this requirement and has not lapsed.
5. Notice (Posted, Written and Published)
Posted Notice: July 5, 2019, Sign # 501
Written notice: October 2, 2019, 140 addresses mailed.
Published Notice: October 7, 2019, Coloradoan confirmation #0003829384
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 4 of 7
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4. Article 3 - Applicable Standards
A. DIVISION 3.2 - SITE PLANNING AND DESIGN
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.2.2
(K)(1)(c)
Parking Lots
– Required
Number of
Off-Street
Spaces for
Type of Use
For each single-family dwelling there must be one (1) parking space on lots with greater
than forty (40) feet of street frontage or two (2) parking spaces on lots with forty (40) feet
or less of street frontage.
Because the project is contained within a 40-foot lot, each single-family detached dwelling
will require two off-street spaces (four total).
The plan proposes four off-street parking spaces with one contained in the garage of the
carriage house and three surrounding the rear and side of the existing and proposed
buildings.
Complies
B. DIVISION 3.3 – ENGINEERING STANDARDS
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.3.1(C) –
Public Sites,
Reservations
and
Dedications
An applicant is required to dedicate rights-of-way for public streets, drainage easements
and utility easements as needed to serve the area being developed. In cases where any
part of an existing road is abutting or within the tract being developed, the applicant must
dedicate such additional rights-of-way as may be necessary to increase such roadway to
the minimum width required by Larimer County Urban Area Street Standards and the City
of Fort Collins Land Use Code.
As part of this application the project will dedicate an additional 6 feet of right-of-way and
a 9-foot utility easement located behind the new right-of-way limits. The 15’ area
containing the easement and right-of-way bring the site into compliance with all
applicable engineering standards and guidelines.
Complies
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 5 of 7
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5. Article 4 – Applicable Standards:
A. SUMMARY
The Neighborhood Conservation, Buffer District (N-C-B) is intended for areas that are a transition between
residential neighborhoods and more intensive commercial-use areas or high traffic zones that have been given
this designation in accordance with an adopted subarea plan.
The proposed carriage house and addition is permitted subject to Administrative Review in this district.
B. DIVISION 4.9 – NEIGHBORHOOD CONSERVATION, BUFFER DISTRICT
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.9(B)
Permitted
Uses
The proposed carriage house is a permitted use in the N-C-B zone district. The land use
code refers to a carriage house interchangeably as a single-family detached dwelling.
Complies
4.9(D)(2)
Residential
Any new single-family dwelling (carriage house) that is proposed to be located behind a
street fronting principal residence can only contain 1,000 square feet of floor area, must
be 10 feet away from any other structure and can only have a 600 square foot footprint.
The proposed plan complies with the aforementioned standards by providing a 600 square
foot building footprint, 20-foot setback from the existing building and overall square
footage of 799 square feet.
Complies
4.9(D)(5)
Allowable
Floor Area
on Rear Half
of Lots
The allowable floor area on the rear half of lot must not exceed thirty-three (33) percent of
the overall lot area.
The allowable floor area is calculated as follows ((5,000/2).33) = 825 square feet. The
proposed 799 square foot building is less the above sum, therefore meeting this
requirement.
Complies
4.9(D)(6)
Dimensional
Standards
Dimensional standards require a minimum rear yard setback of 15 feet, side yard setback
of 5 feet and when any portion of building or wall exceeds 18 feet along a side yard, an
additional 1 foot of setback. Building height is also limited to 1 ½ stories.
The plan provides the required minimum of 5 feet side and 15 feet rear setbacks. The
project proposes a wall height of 15 feet along the side yard and does not require any
additional setback to meet dimensional standards of this section. The proposed carriage
house is 1 ½ stories.
Complies
4.9(E)(3)(c)(1)
Additional
Review
Criteria for
Carriage
Houses
The site plan shall provide a separate yard area containing at least one hundred twenty
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 6 of 7
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Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.9(E)(3)(c)(3) Buildings, structures, open spaces and other features of the site plan shall be oriented and
located such that they maintain natural resources, including existing significant trees and
shrubs, to the extent reasonably feasible.
No significant natural resources will be impacted by the project proposal.
Complies
4.9(E)(4)
Landscape /
Hardscape
Material
A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic
material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.
The project does not propose the addition of any inorganic material in the front yard.
Complies
4.9(E)(5) Site
Design
Permanent open off-street parking areas shall not be located any closer to a public street
right-of-way than the distance by which the principal building is set back from the street
right-of-way. This provision shall not be construed to preclude temporary parking in
driveways.
The project proposes all parking to be located behind the street fronting single-family
residence
Complies
Administrative Hearing - Agenda Item 1
FDP190013 | 614 Lesser Drive – Carriage House
Wednesday, October 16, 2019 | Page 7 of 7
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6. Findings of Fact/Conclusion
In evaluating the request for the 614 Lesser Drive – Carriage House Final Development Plan, FDP190013, staff
makes the following findings of fact:
• The F.D.P. complies with process located in Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
• The F.D.P. complies with relevant standards located in Article 3 – General Development Standards.
• The F.D.P. complies with relevant standards located in Division 4.9, Neighborhood Conservation, Buffer
District of Article 4.
7. Recommendation
Staff recommends approval of 614 Lesser Drive – Carriage House, FDP190013.
8. Attachments
1. Vicinity & Zoning Map
2. Project Narrative
3. Plan Set
4. Utility Plan Set
5. Drainage Letter
6. ROW Dedication
7. Utility Easement Dedication
(120) square feet to serve both the carriage house and the existing principal dwelling.
Such yard area shall be at least ten (10) feet in its smallest dimension and must provide
privacy and screening for abutting properties.
The plan provides a 15’x40’ (600 sq. ft.) rear-yard space.
Complies
4.9(E)(3)(c)(2) Decks, entry doors, major entry access stairs or major windows shall face the existing
principal building or the alley (if the lots front the alley). Windows that overlook an abutting
side or rear yard must be minimized.
The plan complies by proposing the major entry access facing the existing single-family
residence. Windows facing the side lot are also minimize and placed in a way to preserve
privacy of the neighboring properties.