The Lofts at Bears' Den Conditional Use Application May 18, 2010 Project Description
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The Lofts at Bears’ Den
Conditional Use Application
May 18, 2010
Project Description
In July 2004 Planning Commission approved the Development and Conditional Use Applications for
Tuso Development and Management, Inc. (TDM) to construct 17 residential condominiums and 4
commercial units (approximately 4550 square feet). This Conditional Use Application is being made
by Masontown Mines, Ltd. (Larry Feldman) who has the 4 commercial spaces under contract for
purchase from TDM. In a new project, that has nothing to do with TDM, Masontown Mines, Ltd plans
to obtain a Conditional Use Permit to allow the 4 commercial units to be converted to 6 residential
condominiums. This application covers the conversion of the 4 commercial units to 6 residential units.
The 4 commercial units have been completed and on the market for sale or rent for more than three
years and have developed little interest. The empty space has little prospect of selling anytime soon
and is negatively impacting the owner, the bank that has a loan on the property and the Town by giving
the appearance that the economy is not vibrant. We believe the property has a prime downtown
location for residential condominiums that will be rapidly absorbed, provide transfer taxes and bring
new residents that will generate business and sales tax revenue for Frisco.
The specific proposal is to convert the 4 commercial spaces into 6 residential spaces – (4) high quality
600-675 square foot one bedroom deed restricted affordable units (121 to 160% AMI) that will be
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priced at approximately $165,000 to $180,000 and 2 market rate units of approximately 1000 square
feet in size. The affordable units would have covered street level or underground garage parking and
access to a storage room in the garage. The HOA dues would be approximately $100.00 per month.
The market rate units would have garage parking and HOA dues of approximately $200 per month.
These units would be sold at prevailing market rates. Providing we can get the Conditional Use
approval and generate near term presales the remodeling will take approximately 90 days and allow the
residences to be ready for fall 2010 occupancy.
The 4 commercial units are a part of and existing homeowners’ association covered by declarations
approved by the Town and duly recorded. Any minimal changes that might be required are believed to
be within the broad powers that the declaration reserves for the declarant (TDM) for ten years from
their July 18, 2007 recoding (Recording Number 861283).
Conditional Use Criteria
The following are the Town Code criteria for Conditional use and the applicant’s responses:
1. That the proposed use in its particular location is necessary or desirable to provide a service or
facility that will contribute to the general welfare of the community.
a. Downtown residential use, with 4 affordable units, one-half block from Main Street and
a Summit Stage stop is a desirable use that will contribute to the general welfare of the
community.
b. Putting space in use that has been vacant for more than three years and creates an
appearance of Town economic blight is desirable.
2. That such use will not, under the circumstances of the particular case and the conditions
imposed, be detrimental to the health, safety and general welfare of persons nor injurious to
property or improvements in the community.
a. Residential use is compatible with the Town Code and existing Central Core area
development and will in fact add pedestrian population and vitality to the Central Core
area without being detrimental to the health, safety and general welfare of persons nor
injurious to property or improvements in the community. Clearly occupied space is an
asset when compared to vacant space. In many other locations vagrants would be trying
to occupy this space.
3. That the proposed use will comply with the regulations and conditions specified in the Town
Code for such use.
a. The use complies with Town Code and the remodel will be done in a manner that
complies with Town Code.
4. That the proposed use conforms to the goals and objectives of the Master Plan for the Town of
Frisco.
a. The proposed use promotes the goals and action items related to encouraging more
mixed use and exploring increased residential density in the Central Core.
5. That the proposed use furthers the architectural qualities and character of the community.
a. The basic architectural qualities were approved in 2004 and have been implemented
according to approvals. Provided Town Code allows the most significant architectural
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modification would be the addition of a privacy fence along the Sixth Avenue frontage
and the removal of handicap ramps and rails. Applicant belies this will be an
architectural improvement.
6. That the proposed use is compatible in function and design with surrounding land uses.
a. The Central Core area has many uses including a number of developments with ground
floor residential which has already been approved as a conditional use for this project
and others in the area. Therefore it is compatible with the area.
Vicinity Map
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Parking
Bears’ Den was approved with 37 residential spaces for 34 bedrooms plus 3 guest parking spaces. The
10 spaces for the commercial were on Sixth Avenue in Town right-of-way. With the 8 bedrooms we
propose to add the parking requirement would increase by 8 spaces for the bedrooms and 1 additional
guest space bringing the total to 46. Garage parking will be modified to provide 41 spaces and 6
spaces will be provided in the court that accesses from the alley north of the property. 47 spaces will be
available to meet the 46 space requirement.
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Exterior Modifications
We are looking at the north east corner of the building from Sixth Avenue. In order to provide a side
window that gets past gas meters on north side we would like to move the wall with the door out 8
feet to be flush with the window wall. This modification would also enlarge the size of this affordable
unit by approximately 96 square feet.
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To create a sense of privacy and separation for the 5 units that will front on Sixth Avenue we
would like to fence the front yards to create a courtyard/garden/patio effect (see green line).
Each unit would have its own gate and small courtyard. If a variance allowing the fence height
to go 5 feet were available it would be advantageous.
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