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HomeMy WebLinkAboutNEW PROSPECT - PDP - 4-10 - CORRESPONDENCE -For the reasons stated above, Ms. Simber is opposed to the project as currently planned and requests that the planned proposed project be either denied or modified to take into consideration her objections. Thank you. Yours Very Truly, WICK & TRAUTWEIN, LLC Robert J. Penny Rjp cc: Client previous proposal to build a subdivision in this same location was denied due to the natural habitat and natural grasses found on the proposed building site. B. Establishment of buffer zones (Section 3.4.1. E). The purpose of buffer zones is to protect the ecological character of the natural habitat or natural feature from the impacts of the ongoing activity associated with the development. 1. Buffer zone performance standards. The following buffer zone standards have been established by the Fort Collins Land Use Code. a. Patches of native grassland or shrub land, 50 feet. b. Storm drainage channels/retention ponds, 50 feet. A detention pond is proposed to be immediately adjacent to the New Prospect-PDP. c. Locations of fox dens, 50 feet. 2. The Buffer zones are to be measured from the outside edge of the habitat toward the boundary of the proposed development. The special habitat feature/resources of special concern are to be measured as a radius starting from the outer edge of the habitat toward the boundary of the proposed development. C. Setbacks/Solar axis/Orientation Section 3.2.3. 1. Also enclosed are copies of photographs taken by our client of her property and the fence line. As you can see, the residence which is proposed to be built on Lot 25 is only 5 feet from the boundary line. Our client's residence is also located only a few feet from the boundary line. Accordingly the two-story residence which is proposed to be constructed on Lot 25 would block sunlight from entering our client's house through the passive solar Eastern windows. Basically the new residence would be only roughly ten feet from our client's house and would also block her view out of her several large Eastern windows. 2. Section 3.2.3 of the Fort Collins Land Use Code is intended to encourage the use of both active and passive solar for heating and watering in homes. The right to solar access is protected. The construction of a residence five feet from the boarder line adjacent to Ms. Simber's property would excessively shade her property and have a significant adverse impact upon the passive solar usage. WICK & TRAUTWEIN, LLC ATTORNEYS AT LAW KATHRYN S. LONOWSKI ROBERT J. PENNY' JOHN D. ROOT KIMBERLY B. SCHUTT BLAIR J. TRAUTWEIN' R JOHN WELLS* ROBIN L. WICK 'ALSO AD WTTED IN WYONITNG City of Fort Collins Ted Shepard, Chief Planner 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522 N3 CLOCK TOWER SQUARE . 323 SOUTH COLLEGE AVENUE P.O. BOX 2166 FORT COLLINS, COLORADO 80522 (970) 482-4011 FAX (970) 482-8929 April 5, 2010 RE: New Prospect -Project Development Plan Dear Mr. Shepard: KENT N. CAMPBELL Of Counsel Fort Collins. Colorado 421 MAIN STREET. SUITE 2 WINDSOR. COLORADO 80550 (970)686-6005 iu L i P,ea This firm represents Mary Simber in regards to the New Prospect -Project Development Plan. Ms. Simber lives at 1644 Ukiah Lane, Fort Collins, Colorado. Her property is immediately adjacent to the proposed New Prospect-PDP. Ms. Simber has requested that our firm contacts your office to express her concerns and objections to the New Prospect-PDP as currently presented. Her objections and concerns are as follows: A. Violations of the Fort Collins Land Use Code & 3.4.1, Natural Habitats and Features. As you are aware, this section of the Fort Collins Land Use Code applies if any portion of the development site is within 500 feet of an area or feature identified as a natural habitat. This project is located on and adjacent to the Mallard's Nest Natural Area. 1. Communities or habitats that are protected include native grasslands. The special features which are protected include potential habitats and known locations of fox dens. 2. Enclosed for your review are photographs of foxes and a fox den located on the Southern boarder of the proposed project, near tract 24. Foxes are seen everyday in this location. 3. Also enclosed is a copy of a photograph of Mallard's Nest from January of 2005 and 2006, that is found at the Fort Collin's website for natural areas. As you can see there are several natural grasses growing in this area. It is our understanding that a