HomeMy WebLinkAbout405 SCOTT AVENUE CARRIAGE HOUSE PDP AND FDP - FDP190019 - DECISION - HEARING OFFICER DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: January 30, 2020
PROJECT NAME: 405 Scott Avenue - Carriage House
CASE NUMBER: PDP/FDP #190019
APPLICANT: Brian Majeski
Urban Rural Design
252 Linden Street
Fort Collins, CO 80524
OWNER: Carolyn & Geoffrey Haddad
19445 Cypress Church Rd
Cypress, TX 77433
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: The applicant has filed an application to construct 22-foot tall, 800
square foot carriage house on the rear half of the property located at 405 Scott Avenue, Fort Collins,
CO 80521 (the “Subject Property”). The carriage house will be located behind and detached from
an existing single-family residence.
The Subject Property is within the Neighborhood Conservation, Low Density (N-C-L) zone district
and is subject to an Administrative Hearing (Type 1) review. The application is being processed as
a combined Project Development Plan (PDP) / Final Development Plan (FDP).
The Subject Property is 16,150 square feet. Access to the carriage house will be taken from the
existing alley. Existing landscaping on the Subject Property will be preserved.
After construction, there will be a total of six off-street parking spaces; four spaces located off of
the alley adjacent to the carriage house and two spaces located off of Scott Avenue adjacent to the
existing single-family residence.
No modifications of standards are being requested by the applicant.
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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.
The surrounding zoning and land uses are set forth below:
North South East West
Zoning Neighborhood
Conservation, Low
Density District (N-C-L)
Neighborhood
Conservation, Low
Density District
(N-C-L)
Neighborhood
Conservation, Low
Density District
(N-C-L)
Neighborhood
Conservation, Low
Density District
(N-C-L)
Land
Use
Single-family detached Place of Worship Single-family
detached
Single-family detached
SUMMARY OF DECISION: Approved with conditions.
ZONE DISTRICT: (N-C-L) Neighborhood Conservation, Low Density
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on Thursday,
January 30, 2020 in the City Hall Council Chambers located at 300 Laporte Avenue.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Planning Department Staff Report prepared for 405 Scott Avenue Carriage House
(PDP/FDP #190019). A copy of the Staff Report is attached to this decision as
ATTACHMENT A and is incorporated herein by reference
2. Project Vicinity and Zoning Map.
3. 405 Scott Avenue Carriage House Project Narrative.
4. 405 Scott Avenue Carriage House Plan Set (4 sheets).
5. 405 Scott Avenue Carriage House Drainage Memo, dated December 6, 2019, from
Keefe Civil, LLC (11 pages)
6. 405 Scott Avenue Carriage House Utility Plan Set (7 sheets).
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7. Copy of written notice of hearing mailed on January 16, 2020.
8. Affidavit of Publication dated January 17, 2020, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradoan on January 17, 2020.
9. Copy of PowerPoint presentation presented during the hearing by Kai Kleer, City
Planner.
10. Rules of Conduct for Administrative Hearings.
11. Administrative (Type 1) Hearing: Order of Proceedings.
12. The City’s Comprehensive Plan, Land Use Code, and the formally promulgated
ordinances and 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: Brian Majeski, Urban Rural Design, 252 Linden Street,
Fort Collins, CO 80524
From the Owner: Carolyn Haddad, 19445 Cypress Church Rd, Cypress, TX
77433
From the Public: Dian Sparling, 324 Jackson Ave., Fort Collins, CO 80521
Ruth McMillen, 319 Gordon St., Fort Collins, CO 80521
FINDINGS
1. Testimony of Kai Kleer and evidence presented to the Hearing Officer established the fact
that notice of the public hearing was properly posted, mailed and published.
2. 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.
C. Except as otherwise provided in Finding D below, the Application complies with the
applicable Neighborhood Conservation, Low Density (N-C-L) Zone District
standards contained in Article 4, Division 4.7 of the Land Use Code. Without
limiting the foregoing, the Hearing Officer specifically finds:
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i. The proposed 22-foot tall carriage house satisfies the building height
requirement set forth in Land Use Code Section 4.7(F)(2)(a)2 and, except
as provided in Finding D.i below, the carriage house’s building height is
not limited to one and one-half (1 ½) stories.
ii. The addition of the proposed carriage house will not cause the Subject
Property to exceed the “allowable floor area on lots” established by Land
Use Code Section 4.7(D)(2).
D. Testimony presented at the hearing and materials in the record fail to demonstrate
compliance with:
i. Land Use Code Section 4.7(F)(1)(e), which standard limits the front façade
of the proposed carriage house to one and one-half (1 ½) stories.
ii. Land Use Code Section 4.7(F)(2)(b), which standard requires a side yard
setback of 12 feet 2 inches from the north property line to allow for the
proposed exterior eave height of 16 feet 7 inches. The PDP/FDP provides
a side setback of only 12 feet.
3. Except with respect to Land Use Code Sections 4.7(F)(1)(e) and 4.7(F)(2)(b), the
Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land Use
Code is sufficiently evidenced by the Staff Report and the testimony and materials presented
at the hearing.
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The 405 Scott Avenue Carriage House Project Development Plan (PDP/FDP
#190019) is approved for the Subject Property, subject to the following condition of
approval:
1. A revised site plan and a revised or supplemental staff report demonstrating
compliance with Land Use Code Sections 4.7(F)(1)(e) and 4.7(F)(2)(b), and
correcting the calculation of “allowable floor area on lots” in accordance with
Land Use Code Section 4.7(D)(2) are submitted to the Hearing Officer at a
public hearing following notice in accordance Land Use Code Section 2.2.6.
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DATED this 6
th
day of February, 2020.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
405 Scott Avenue Carriage House Project Development Plan / Final Development Plan
(PDP/FDP# 190019)
Development Review Staff Report Agenda Item 1
Planning Services Fort Collins, Colorado 80524 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing: January 30, 2020
405 Scott Avenue – Carriage House
Summary of Request
This is a request to construct an 800 square foot carriage house and
a behind an existing single-family residence located at 405 Scott
Avenue.
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, issuance, and subsequent
construction.
Site Location
Located approximately 525 feet northwest of the
intersection of W Mulberry St and S Shields St
and 240 feet east of City Park.
Zoning
Neighborhood Conservation, Low Density
District (N-C-L)
Property Owner
Carolyn & Geoffrey Haddad
19445 Cypress Church Rd
Cypress, TX 77433
Applicant/Representative
Brian Majeski
Urban Rural Design
252 Linden Street
Fort Collins, CO 80524
p. 970.889.4004 e. brian@urbanruralarch.com
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: ............... 4
6. Findings of Fact/Conclusion ...................... 7
7. Recommendation ....................................... 7
8. Attachments ............................................... 7
Staff Recommendation
Approval
W Mulberry St
Jackson Ave
Scott Ave
W Magnolia St
City
Park
Site
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FDP190019 | 405 Scott Avenue – Carriage House
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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 5 and portions of lots 4 and 6 of the Scott-Sherwood Addition
• The lot is 16,150 square feet in land area.
• The site will contain five off-street parking spaces.
B. SITE CHARACTERISTICS
1. Development Status/Current Conditions
The site currently contains a single-family residence, car port and two-car garage.
The site was part of the 1907 Scott-Sherwood Addition which was later annexed as part of the Consolidated
Area Annex on May 13, 1952.
2. Surrounding Zoning and Land Use
North South East West
Zoning Neighborhood
Conservation, Low Density
District (N-C-L)
Neighborhood
Conservation, Low
Density District (N-C-L)
Neighborhood
Conservation, Low
Density District (N-C-L)
Neighborhood
Conservation, Low
Density District (N-C-L)
Land
Use
Single-family detached Place of Worship Single-family detached Single-family detached
C. OVERVIEW OF MAIN CONSIDERATIONS
The main considerations have been parking and design and placement of the carriage house.
Administrative Hearing - Agenda Item 1
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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:
Public comment was received regarding stormwater and the surface water flooding into the property located
across the alley to the west. City stormwater engineering staff reviewed the comment and made the following
statement:
“The added impervious area for this development is under the 1,000-sf threshold which is the trigger for
stormwater mitigation. Due to some existing concrete that is being removed in the same area as the carriage
house, the increase in impervious area is only 978-sf.
The development still needs to show the proposed drainage does leave the property and flow down the alley
without causing any negative impacts to downstream properties. The drainage plan does show that flows will
leave the property and flow south down the alley into Mulberry Street without causing any negative impacts as far
as what can be determined through a drainage analysis by the Development’s Civil Engineer.”
Any additional communication received between the public notice period and hearing will be forwarded to the
Hearing Officer for their consideration.
3. Article 2 – Applicable Standards
A. BACKGROUND
This project was submitted on September 27, 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
A conceptual review meeting was held on May 07, 2019.
2. First Submittal (PDP190019)
The first submittal of this project was completed on September 27, 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: October 10, 2019, Sign # 603
Written notice: January 16, 2020, 173 addresses mailed.
Published Notice: Thursday, January 30, 2020, Coloradoan confirmation #0004007811
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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)
Single-
Family
Detached
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.
The lot exceeds 40 feet and only requires one off-street parking space for the existing
single-family residence.
The plan proposes and maintains two existing off-street parking spaces which are
accessed from Scott Avenue.
Complies
5. Article 4 – Applicable Standards:
A. SUMMARY
The Neighborhood Conservation, Low Density District (N-C-L) is intended is intended to preserve the character of
areas that have a predominance of developed single-family dwellings.
The proposed carriage house is permitted subject to Administrative Review in this district.
B. DIVISION 4.7 – NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.7(B)
Permitted
Uses
Under the ‘residential use’ category, single-family detached dwellings when there is more
than one dwelling on the lot or when the lot has only alley frontage are permitted subject
to Administrative (Type 1) review.
Complies
4.7(D)(1)
Required Lot
Area
The minimum lot area for each residential detached dwelling must not be less than six
thousand square feet.
The project is contained within a 16,150 square foot lot and meets the minimum required
lot size of 12,000 square feet.
Complies
4.7(D)(2)
Allowable
Floor Area
on Lots
On a lot that is more than 10,000 square feet, the allowable floor area must not exceed
thirty (30) percent of the overall lot area.
The allowable floor area is calculated as follows 16,150 x .30 = 4,845 square feet. The
proposed 800 square foot carriage house, 1,719 square foot existing single-family
residence and 400 square foot detached garage equals 2,919 square feet which is less
the above sum, therefore meeting this requirement.
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Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.7(D)(4)
Residential
Any new single-family dwelling (carriage house) that is proposed to be located behind a
street fronting principal residence can only contain 800 square feet of floor area, be a
minimum of 10 feet away from any other structure and a 600 square foot footprint.
The proposed plan complies with the aforementioned standards by providing a 600 square
foot building footprint, 17-foot setback from the nearest structure (existing garage) and
overall square footage of 800 square feet.
Complies
4.7(E)
Dimensional
Standards
Dimensional standards require a minimum rear yard setback of 5 feet, side yard setback
of 5 feet and when any portion of building or wall exceeds 18 feet, as measured from the
existing grade, requires an additional 1 foot of setback. Building height is also limited to 1
½ stories.
The plan provides the required minimum of 5-foot side-yard and 5-foot rear-yard setbacks.
The project proposes a wall height of 16’ 7” feet along the side yard and does not require
any additional setback to meet dimensional standards of this standard. The proposed
carriage house is 1 ½ stories.
Complies
4.7(F) (1)
Building
Design
The carriage house meets all building design standards contained within this section.
Standards include exterior wall to lot line orientation, entryway feature, limit to 1 ½ stories,
and minimum 2:12 maximum 12:12 roof pitch.
Complies
4.7(F)(2)(a)
Building
Height
The maximum height of a dwelling at the rear of the lot cannot exceed 24 feet.
The proposed structure is 22 feet from existing grade.
Complies
4.7(F)(2)(b)
Eave Height
The exterior eave along a side lot line cannot exceed 13 feet from grade and can be
increase by six inches for every additional one foot of setback from the interior side
property line.
The plan proposes an eave height of 16’ 7”. The additional 3’ 7” of eve height will require a
total side yard setback of 12 feet. The plan complies with this standard and proposes a
12-foot side yard setback from the north property line.
Complies
4.7(F)(3)(a)
Carriage
Houses
A minimum of one off-street parking space must be provided for every bedroom contained
within a carriage house.
The plan demonstrates a total of 6 off-street parking spaces four located off of the existing
alley and two located off of Scott Avenue, exceeding the required minimum for this site.
Complies
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Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.7(F)(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
4.7(F)(5)
Access
Whenever a lot has frontage along an alley, any new off-street parking area located on
such lot must obtain access from such adjoining alley.
The project proposes all new parking to be accessed from the existing alley.
Complies
Administrative Hearing - Agenda Item 1
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Thursday, January 30, 2020 | Page 7 of 7
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6. Findings of Fact/Conclusion
In evaluating the request for the 405 Scott Avenue – Carriage House Final Development Plan, FDP190019, 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 4.7, Neighborhood Conservation, Low
Density District of Article 4.
7. Recommendation
Staff recommends approval of 405 Scott Avenue – Carriage House, FDP190019.
8. Attachments
1. Vicinity & Zoning Map
2. Project Narrative
3. Site, Elevation & Landscape Plans
4. Drainage Memo
5. Utility Plans
4.7(F)(3)(c)(1)
Additional
Review
Criteria for
Carriage
Houses
The site plan shall provide a separate yard area containing at least one hundred twenty
(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 rear-yard space in excess of 120 square feet.
Complies
4.7(F)(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.
Complies
4.7(D)(3)
Allowable
Floor Area
on Rear Half
of Lots
The allowable floor area on the rear half of a lot shall not exceed twenty-five (25) percent
of the area of the rear fifty (50) percent of the lot.
The allowable rear floor area is calculated as follows, ((16,150 / 2) .25) = 2,018 square
feet.
The project proposes an 800 square foot carriage house and contains an existing 400
square foot two-car garage, combined totaling 1,200 square feet. The project complies
with the maximum allowable floor area as calculated above.
Complies