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HomeMy WebLinkAbout501 Stover St - Correspondence/Building Code - 10/10/2005P.A e Transportation Services Administration City of Fort Collins October 10, 2005 Mona Frayer Certified Public Accountant 501 Stover Street Fort Collins, CO 80524 Dear Ms. Frayer: Thank you for meeting with Mayor Hutchinson and me last Friday on your property at 501 Stover Street. You asked three specific questions that I am happy to address. 1. What would it take to issue a Temporary Certificate of Occupancy (TCO)? I believe you have been granted a TCO by the Building and Zoning Department that will be effective until next spring, April 1, 2006, in order to give you sufficient time to make the necessary improvements to the property. The Building and Zoning Department and the Engineering Department are working with your contractor on final locations and other design requirements. 2. You claim that the steps on the north side of your fence are historic and that they prevent construction of the walks. The City historic preservation staff has corroborated that the steps are historic and should be preserved. As I mentioned to you on the site, the sidewalk can be constructed with an additional compromise in the sidewalk standards and by working around the steps. 3. You said you could not find the sidewalk standards in the Larimer County Urban Area Street Standards (LUCASS). Attached are PDF files copied from the LUCASS which include the pertinent standards. In your previous letter to Mayor Hutchinson, you asked a number of questions which I also need to address here. A. Why are there exceptions given to other properties in the area? 15 North 'Viason • First Floor - P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 224-0058 • FAX (970) 221-62 9 Mona Frayer October 10, 2005 Page 3 of 3 A similar variance has also been offered for your property to allow a 5 foot wide walk in lieu of a 6 foot walk on Mulberry, and a 4.5 foot wide walk instead of a 5 foot wide walk along Stover. An exception to allow you to not install a sidewalk where none exists would clearly violate the City Code, and neither staff nor the City Council has the authority to allow that type of violation. In no instance where the City Code requires a sidewalk has an exception been granted to have no sidewalk. The only locations that have no sidewalks are where the use has not changed from residential. There is at least one location where an in -home business (home occupation) is operated, but an in -home business has other restrictions and does not trigger Section 24-95 of the City Code. C. You state that "the Master Plan has already planned and budgeted for sidewalks to be put in down both sides of Mulberry." I am not sure to what this is in reference. There is no Master Plan or budget to build sidewalks on Mulberry. As explained previously, the City Code requires that sidewalks be built where none exist in this area when the use of property changes from residential to personal service, office or commercial. D. The City street standards, including standards for sidewalks, are a separate document called the Larimer County Urban Area Street Standards (LUCASS) which is adopted by reference in the City Code. E. No property has been given an exemption from the City Code requirements. The other properties you have mentioned were granted certain variances to width and thickness requirements by the City Engineer who is granted that authority by the City Code. You have also been granted certain variances to the width and location requirements of your sidewalk as allowed by the City Code. I trust this answers your questions and concerns, and I am glad we seem to be making some progress on these issues. Sincer ly, Rondall V. Phillips Director cc: Doug Hutchison, Mayor Darin Atteberry, City Manager Gregory Byrne, Director, Community Planning & Environmental Services Don Bachman, City Engineer Felix Lee, Director, Building and Zoning Department Peter Barnes, Zoning Supervisor