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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:: 44� I�A ,.A City Clerk Passed and adopted on final reading this 18th day of April, A.D. 2000. Mayor ATTEST: City Clerk