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HomeMy WebLinkAboutModification Requests - 03/17/20251 Request for Modification Section 3.1.9 – Detached ADU FLOOR AREA Maximum Allowed New Construction = 945 Sq. Ft. Request: 1,000 Sq. Ft. of Floor Area We are proposing one house, with an ADU, on Lot One. The primary house would be 2,100 square feet. The standard allows the detached ADU to be a maximum of 45% of the primary house allowing 945 square feet. We are proposing an ADU of 1,000 square feet. This exceeds the maximum by 55 square feet. Per Sections 6.8.2(H) and 6.8.2(H)(3), we offer the following justification: Section 6.8.2(H): The extra 55 square feet are needed to provide a room to accommodate a tank and pump system that meets the requirements of the International Fire Code Section 13D automatic fire sprinkler system. This tank must be sized to hold at least 300 gallons. To prevent freezing, this room must be heated and insulated so that the interior temperature does not fall below 40 degrees Fahrenheit. A separate fire-rated exterior door is also required. The IFC 13D system is required because the nearest fire hydrant is located across Taft Hill Road at the northeast corner of the intersection with Mulberry Street. The Poudre Fire Authority has commented that they prefer dwellings that are located across a minor arterial street from the fire hydrant to be equipped with 13D fire suppression system. PFA considers the ADU to be “out of access” per their policy and guidelines. Our contention is that increasing the size of the ADU by 55 square feet is not detrimental to the public good. This is because the ADU is located on a 25,330 square foot lot (0.58 acre) and set back from Taft Hill Road by 30 feet. Also, the ADU is setback from the north and south property lines by 39 and 5 feet. The north setback is 168 feet. The south setback meets the Code and on the abutting parcel (345 S. Taft Hill) are two existing ADU’s of comparable size to ours, both of which have windowless blank walls facing north. (In addition to two shipping containers.) Our proposed ADU is only 1,000 square feet and does not impact the two abutting properties. 2 The character of the area, between Laporte Avenue on the north and Mulberry Street on the south, is defined by parcels of exceptional depth. Most of these parcels are unplatted and include houses close to the road and numerous outbuildings that exceed 1,000 square feet located behind the houses. For example, at 263 S. Taft Hill Road, two parcels to the north, a four-bay metal building, consisting of 2,016 square feet was approved and constructed as recently as last year. Further, there are several parcels with multiple dwellings located on the rear portions of these lots that are larger than 1,000 square feet. Interestingly, an extra room for an IFC 13D tank and pump system would not be needed if the Poudre Fire Authority allowed the installation of Plumis (brand name) system. This system allows for a dry system that supplies water only when needed and, upon sensing a fire, ejects a pressurized mist in a precise direction to extinguish any flames. This system is compact and is installed behind the wall and doesn’t drench the whole room. The Plumis system is efficient and, by not needing a separate room, is the right size for an ADU. In fact, this system is required for all ADU’s (whether they are in or out of access per the fire authority) in the city of Boulder, Colorado. Since this system is not yet acceptable to the Poudre Fire Authority, the tank and pump system is the viable alternative. PFA has indicated they are looking into allowing the Plumis system. Please note, t here are four fire hydrants that serve the area on the west side of Taft Hill Road between Laporte Avenue and Mulberry Street and all are located on the east side of the road on the City Park Nine golf course and Grandview Cemetery. The Gilmartin Sub will be the only parcel along the one-half mile stretch considered to be out of fire access thus requiring a fire sprinkler system for both the primary house and the ADU. Section 6.8.2(H)(4): Increasing the size of the ADU by 55 square feet will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan and will continue to advance the purposes of the Land Use Code . This is because the entire development plan is 25,330 square feet (0.58 acre). This is indeed a spacious lot for a primary house and ADU. Please note that the plan does not include an Accessory Structure such as a garage or shop. Nor does it include what is typically found on larger lots in most suburban residential neighborhoods – the attached three -car garage. The ADU, at 1,000 square feet, is of a compatible height, mass, bulk and scale when evaluated by the context of the surrounding area. 3 As noted, the immediate neighborhood is logically defined as the one -half mile segment of Taft Hill Road between Laporte Avenue and Mulberry Street. The western edge is Tenth Green 1st Subdivision and Ramblewood Apartments. This area is 33 acres and was carved off a larger farm in the early 1950’s. There are 32 parcels. Most of this area was semi-developed while in unincorporated Larimer County. There are approximately 60 structures within this neighborhood. There is a diverse mix of houses and outbuildings of various sizes. A walking survey revealed that some parcels feature more than one mailbox indicating the existence of both duplexes or Accessory Dwelling Units. In our survey we counted approximately 38 dwellings. Divided over 33 acres, the neighborhood gross density is roughly 1.15 dwelling units per acre. The abutting property to the south is .43 acre and consists of one dwelling facing Taft and two ADU’s located on the rear portion of the lot along with two small shipping containers. Further west, the abutting property to the south is a place of wors hip and gravel parking lot along the shared property line. The abutting property to the north is 1.6 acres and consists of one dwelling facing Taft and an unscreened outdoor storage yard for scrap , recyclable materials and collector vehicles on the balance of the site. For an overall reasonable compatibility analysis, the 33-acre neighborhood is characterized by established, well-maintained residential structures, facing a minor arterial street, with a wide array of outbuildings and activities (shops, gardens, storage etc.) occurring on the land available by the exceptional depth of the lots. Our survey indicates that there are more dwellings than parcels. We contend that when considering the aspects, character and scale of this neighborhood, adding 5 5 square feet to the proposed Gilmartin ADU indeed qualifies as being nominal and inconsequential. 1 Request for Modification Section 2.2.1 – L-M-N Building Types – Detached House, Suburban Minimum Required Density = 1 unit per 10,000 Sq. F.t of Site Area Request: 1 unit per 25,330 Sq. Ft. of Site Area We are proposing one house, with an ADU, on Lot One which is 25,330 square feet. This exceeds the minimum required density that a dwelling must not be on a lot that exceeds 10,000 square feet. The degree of difference is 1 5,330 square feet. Per Sections 6.8.2(H) and 6.8.2(H)(3), we offer the following justification: Section 6.8.2(H): As proposed, one house on a large lot in this location, given the context of the surrounding area, would not be detrimental to the public good. This is because the Lot is located in an area that has a semi-rural character and, as proposed, conforms to the overall development pattern long established in the immediate vicinity. Between Laporte Avenue on the north and Mulberry Street on the south (a distance of one-half mile), all the parcels on the west side of Taft Hill Road have narrow street frontage and exceptional depth. These lots all feature one or two dwellings (and multiple outbuildings) on parcels of comparable size, or larger. Please note that there are two exceptions, Weitzel Excavating and Cherokee Flying Heights. In fact, a review of the larger parcel sizes in this area indicates that the Gilmartin Subdivision, on 25,330 square feet, would have one of the house-to-lot-size ratios most in conformance with the standard on the west side of Taft Hill Road. This neighborhood is approximately 33 acres and includes an estimated 3 8 dwellings for a gross density of 1.15 dwelling units per acre. (This data was derived from a walking survey, a count of mailboxes, and an analysis of aerial maps.) By fitting into the existing character of the area, we contend that the Gilmartin Subdivision, consisting of one house with an ADU on 2 5,330 square feet, would not be detrimental to the public good. 2 Section 6.8.2(H)(3): It is notable that the dimensions of the original parcel create an irregular shape. The width of only 69 feet and a depth of 444 feet results in an exceptionally narrow, odd- shaped lot. This shape has proven difficult to serve with both wet and dry utilities. A Conceptual Review in 2023 revealed that there are significant challenges with utilities that need long runs (especially water pressure). We contend, therefore, that our Modification is also justified by the following standard: 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, 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. The applicant has owned the parcel since 2006. Since that time, various development scenarios have been explored and analyzed. As noted, a five-unit proposal was reviewed by the Conceptual Review team in 2023, and a two -family proposal was submitted in 2024 at which time first round comments were received. The knowledge gained by these reviews makes it abundantly clear that the exceptional narrowness of the parcel creates a hardship in providing utilities to more than one dwelling. Each utility, water, sewer, electric, natural gas, and telecom require their own separations. In particular, the necessary length of the water services proved problematic. By including a driveway and a stormwater detention pond (the low point is the southeast corner of the lot), it is practically infeasible to properly serve this parcel with more than one set of utilities and legally comply with the separation requirements established by Fort Collins Utilities and Xcel Energy and Comcast Cable. Our contention is that this Request for Modification to Section 2.2.1 to allow one house with an ADU on a lot greater than 10,000 square feet is justified per Section s 6.8.2(H) and 6.8.2(H)(3).