HomeMy WebLinkAboutFOSSIL CREEK OFFICE PARK, LOT 5 - PDP - 3-08 - REPORTS - MODIFICATION REQUEST0
of existing buildings". It would be more consistent with the established pattern of
existing buildings along Cameron Drive for our buildings to be set back from the
street with landscaped parking areas in the front. I think the consistency and
aesthetics of this supporting of the public good, or at any rate, are not detrimental to
same.
2. Uniaue Physical Conditions - The second requirement for this modification is based
on the physical conditions unique to this property:
a. The shape of the parcel is challenging and difficult in the respect that while the
west and south boundaries are straight, the north-east boundary is an arch.
Accordingly, when the previous building permit was pulled, it was based on a
practical design permitting the two buildings to be oriented related to the south
and west lot boundaries, not the curved street frontage. Pursuant to the building
permit, the first foundation was constructed. This foundation has been inspected
by our structural engineer and we are now preparing to build an office building
using such foundation. Given the shape of the lot, the most efficient layout is for
the buildings as described with the parking toward the street along the curbed
street frontage and the buildings set back toward the south property line.
b. The strict application of the Build -to Lines standard would result in unusual and
exceptional practical difficulties, as well as exceptional and undue hardships upon
the owner of the property, namely us, the applicant. Such difficulties and
hardships are i) being required to demolish and remove a foundation previously
built pursuant to a City of Fort Collins building permit, u) fill in the excavation,
iii) reorient buildings and parking in a very undesirable way, given the unique
configuration of the property, as described above and iv) the inequity of the
foregoing - not just pulling a building permit previously, but actually constructing
the foundation for the first building, all with City approval of our site plan and
buildings, and now being required to abandon plan and demo foundation.
Accordingly, we respectively request that a modification be granted to the Build -to Lines
requirement of the Land Use Code.
Sincerely,
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Jo routy
President
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FADocumentsTossil CreekTot MSubmittalsU st Submittal\Shelby.Sommers.ModiScation App.020608.doc 2 2/62008 2:14 PM
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February 6, 2008
Shelby Sommer
City of Fort Collins
Current Planning Department
281 North College Avenue
Fort Collins, CO 80522
Re: Fossil Creek Office Park Lot 5 Project/Modification Application
Dear Shelby:
We are seeking a modification to the `Build -to Lines" requirement of the LUC, which provides
that buildings be located no more than 15 ft. from the right-of-way of an adjoining street, if the
street is smaller than a full arterial or has on -street parking. Our previously approved plan for
this project (with permits pulled and foundation for one building constructed) does not meet the
requirement.
An exacerbating fact , in -addition to the topography and lot configuration problems, is the fact
that a foundation already has been constructed pursuant to a building permit previously pulled,
but now having expired.
We believe that the requirements for a modification being granted, given the unique
circumstances which exist, are met as follows:
1. Not Detrimental To The Public Good — The first requirement for granting a
modification is that the proposed modification not be detrimental to the public good.
Granting the modification to permit the two buildings to be located more than 15 feet
from the Build -to Lines will not be detrimental to the public good. In this well
established and virtually built out office park area, the vast majority of currently
constructed buildings do not meet the Build -to Lines requirement and have parking
lots, drives and/or landscaping between the buildings and the street. Accordingly, it
will not be detrimental to the public good to have one additional building set back in a
similar fashion to most of the existing buildings, including the several buildings
immediately adjacent to the south of our proposed project.
Furthermore, although it is not a specific basis relating to "not detrimental to the
public good", it is of interest and perhaps relevant that in one place the "Build -to
Lines" standards exception language refers to consideration of "an established pattern
F:\Documents\F l C kV of SSubmittals\1st Submittal\Shelby.Sommers.Modification App.020608.doc 1 2/62008 2:15 PM
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