HomeMy WebLinkAboutMALDONADO SUBDIVISION - PDP - PDP120021 - REPORTS - MODIFICATION REQUESTJ
windows, projections and recesses. Compatibility with these existing
elements does not mean uniformity.
• Policy LIV 7.4 — Maximize Land for Residential Development. Permit
residential development in most neighborhoods and districts in order to
maximize the potential land available for development of housing and thereby
positively influence housing affordability.
Criteria (3): By reason of exceptional physical conditions or other extraordinary 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; or
Supporting Findings:
• The proposed lot does not meet the minimum standard 5,000 square feet
requirement due to the shallowness of the lot, and the manner in which it was
subdivided to create the shallow depth is unique to this block face in
comparison to the surrounding area. The shallowness of the lot is a hardship
not caused by the owner, and the resulting lot size does not affect the
surrounding street pattern or principal building setbacks.
Criteria(4): The plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire development
plan, and will continue to advance the purposes of the Land Use Code as contained in
Section 1.2.2.
Supporting Findings:
• The reduced lot size is nominal and permits a development plan that is in
compliance with and reinforces the established framework of the surrounding
neighborhood. The lot as modified is in conformance with the purpose of the
N-C-M zone, which is "intended to preserve the character of areas that have a
predominance of developed single-family and low- to medium -density multi-
family housing and have been given this designation in accordance with an
adopted subarea plan."
• The modification is nominal when compared to the entire development plan
that provides high quality, high performing architecture that is sensitive to
the character of the surrounding neighborhood, and as such is consistent
with the policies of the Land Use Code described in Section 1.2.2 as follows:
(J) Improving the design, quality and character of new development.
(L) Encouraging the development of vacant properties within established
areas.
(M) Ensuring that development proposals are sensitive to the character of
existing neighborhoods.
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; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are
authorized by this Division to be modified except in a nominal, inconsequential way when
considered from the perspective of the entire development plan, and will continue to advance
the purposes of the Land Use Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific
findings showing how the plan, as submitted, meets the requirements and criteria of said
subparagraph (1), (2), (3) or (4).
Modification Criteria, Supporting Findings:
This request of approval for this modification complies with the standards per Review Criteria
2.8.2(H)(1) through (4) in the following ways:
Criteria (1): the plan as submitted will promote the general purpose 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.
Supporting Findings:
• The smaller lot size does not result in a lot pattern or streetscape that is
detrimental to the surrounding neighborhood. The proposed lots are only
minimally smaller than the standard, and are approximately 50 feet wide,
which exceeds the LUC requirement of 40 feet. The resulting lot shape is
consistent with the street pattern of the surrounding neighborhood in terms
of lot width and setbacks for the principal structure.
Criteria (2): The granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code, 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, and the strict application of such a standard
would render the project practically infeasible; or
Supporting Findings:
• The lot size as modified permits a development plan that would otherwise be
infeasible while providing consistency with the LUC in terms of lot width,
building setbacks, and with enhanced architecture that provides appropriate
massing, scale, detail and articulation. The resulting project enhances the
established street pattern and character of the neighborhood with an intensity
of use that is consistent with the neighborhood and consistent with the
following policies:
• Policy LIV 6.2 — Seek Compatibility with Neighborhoods. Encourage design
that complements and extends the positive qualities of surrounding
development and adjacent buildings in terms of general intensity and use,
street pattern, and any identifiable style, proportions, shapes, relationship to
the street, pattern of buildings and yards, and patterns created by doors,
August 6, 2012
Modification Request for minimum lot size.
412 North Whitcomb Project Development Plan (PDP).
Modification Description:
This is a Modification Request to Section 4.8(D)(1), which addresses the requirement for a
minimum lot size of 5,000 square feet for a single-family dwelling.
The applicant proposes a modification to this standard to permit two
lot sizes of 4497 sf and 4496 sf.
Land Use Code Standard:
Section 4.8(D)(1) of the Land Use Code states that:
"Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2)
times the total floor area of the building(s), but not less than the following: five thousand
(5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square
feet for all other uses. For the purposes of calculating density, "total floor area" shall mean the
total gross floor area of all principal buildings as measured along the outside walls of such
buildings, including each finished or unfinished floor level, plus the total gross floor area of the
ground floor of any accessory building larger than one hundred twenty (120) square feet, plus
that portion of the floor area of any second story having a ceiling height of at least seven and
one-half (7'/2) feet located within any such accessory building located on the lot. (Open
balconies and basements shall not be counted as floor area for purposes of calculating
density)."
Land Use Code Modification Criteria:
"The decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose 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 would, without
impairing the intent and purpose of this Land Use Code, 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, and
the strict application of such a standard would render the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary 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