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HomeMy WebLinkAboutRICKARDS SUBDIVISION, 630 S. WASHINGTON - 5-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONRickards Replat Administrative Hearing Findings, Conclusions, and Decision July 8, 2004 Page 4 of 4 such "alley house" development, City Council adopted an ordinance on April 30, 2004 that prohibited further subdivision of lots within this zone district, as is being requested with this PDP application. Although the current Land Use Code prohibits this subdivision request, the Administrative Hearing Officer is bound by the regulations in place at the time the development application was submitted. SUMMARY OF CONCLUSIONS A. The Rickards Replat Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Rickards Replat Project Development Plan satisfies the development standards of the NCL zoning district. C. The Rickards Replat Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Rickards Replat Project Development Plan, #5-04, is hereby approved by the Hearing Officer without condition. Dated this 12th day of July 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron Glo Current Planni g Director Rickards Replat Administrative Hearing Findings, Conclusions, and Decision July 8, 2004 Page 3 of 4 FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: NCL; existing single family residential S: NCL; existing single family residential W: NCL; existing single family residential E: NCL; existing single family residential This property was annexed into the City as part of Westlawn Annexation in May 1920. 2. Compliance with Article 4 and the NCL Zoning District Standards: The proposed subdivision complies with the Land Use and Dimensional Standards defined by Section 4.6 D(1) and E (1) in that all of the lots exceed 6,000 square feet in area and forty (40) feet in width. Both of the existing single family houses are less than 2,000 square feet in area. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lots comply with the design standards in that the lots provide vehicular access to a public street, and the side lot lines are at substantially right angles or radial to the street. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat includes dedication of public utility and pedestrian access easements necessary to serve the subject property. The Rickards Replat Project Development Plan was submitted on January 16, 2004, four days prior to City Council enactment of a moratorium on development and subdivision applications within the Eastside and Westside Neighborhoods, including the NCL zone district. The moratorium was applicable to the subdivision of lots and building permit applications to the extent that they impacted the rear portion of lots. After subsequent review of issues pertaining to Rickards Replat Administrative Hearing Findings, Conclusions, and Decision July 8, 2004 Page 2 of 4 properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 p.m. on July 8, 2004 in Conference Rooms C and D at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing; and (4) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Bob Barkeen, City Planner From the Applicant: Karl Zeller From the Public: None Written Comments: *None. *A letter from Genevie I. Mill, a property owner at 801 W. Myrtle Street, was received after the public comment period ended. The letter was dated July 4, 2004, however, it was not received by the Current Planning Department until July 12, 2004. City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: July 8, 2004 Rickards Replat Project Development Plan #5-04 Karl Zeller 1575 E. County Road 66 Wellington, CO 80549 Jill Rickards/Karl Zeller 1575 E County Road 66 Wellington, CO 80549 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat Lots 10 and 11, Block 6, of the Western addition into two new lots, one of 11,844 sq. ft. and the other of 6,016 sq. ft. The property contains two single family houses and the subdivision will result in each house being located "back to back" on a separate lot. The property is located at 630 Washington Street. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NCL- Neighborhood Conservation Low Density STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020