HomeMy WebLinkAbout037 - 04/18/2000 - AMENDING THE LAND USE CODE WITH REGARD TO MODIFICATION OF STANDARDS ORDINANCE NO. 37, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2.8.2(H)(2) OF THE LAND USE CODE
WITH REGARD TO MODIFICATIONS OF STANDARDS
WHEREAS, Section 2.8.2 of the Land Use Code permits the standards in the Code to be
modified under certain circumstances; and
WHEREAS,one of those circumstances is when a proposed alternative plan would result in
a substantial benefit to the City; and
WHEREAS, when such substantial benefit is to consist of the provision of affordable
housing, the present language of the Land Use Code is somewhat unclear as to whether any
"affordable housing project" as that term is defined in Article 5 of the Land Use Code should suffice
to establish that substantial benefit; and
WHEREAS, the City Council believes that a project should not necessarily be permitted to
obtain a modification of standards merely because it is an affordable housing project within the
meaning of Article 5 of the Land Use Code, and that the language of the Land Use Code should be
clarified in this regard.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2.8.2(H)(2) of the Land Use Code shall be amended to read as follows:
2.8.2 Modification Review Procedures
(H) Step S(Standards): Applicable, and the Planning and Zoning Board
may grant a modification of standards only if it finds that the granting
of the modification would neither be detrimental to the public good
nor impair the intent and purposes of this Land Use Code; and that:
(1) the plan as submitted will advance or protect the public
interests and purposes of the standard for which the
modification is requested equally well or better than would a
plan which complies with the standard for which a
modification is requested; or
(2) the granting of a modification from the strict application of
any standard when such application would render the project
practically infeasible and the modification would substantially
alleviate an existing, defined and described problem of city-
wide concern or would result in a substantial benefit to the
city by reason of the fact that the proposed project would
substantially address an important community need
specifically and expressly defined and described in the city's
Comprehensive Plan, or in an adopted policy, ordinance or
resolution of the City Council.
(3) by reason of exceptional physical conditions or other extra-
ordinary 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.
Any finding made under subparagraph (1), (2) or (3) above shall be
supported by specific findings showing how the plan, as submitted,
meets the requirements and criteria of said subparagraph (1), (2) or
(3).
Introduced and considered favorably on first reading and ordered published this 4th day of
April, A.D. 2000, and to be presented for final passage on the 18th day of April, A.D. 2000.
Mayor
ATTEST::
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City Clerk
Passed and adopted on final reading this 18th day of April, A.D. 2000.
Mayor
ATTEST:
City Clerk