HomeMy WebLinkAboutTESTA BEAUTY SALON, 1635 S. LEMAY AVE. - PDP - 12-07 - REPORTS - MODIFICATION REQUEST (3)that "exceptional or undue hardship" is criteria for modification of standards.
The sidewalk is planned due to mandatory access from the street to the
building. This is the only route available for that access. Handicapped and
the general pedestrians, when entering the property from Lemay Avenue by
means other than automobiles would utilize this sidewalk. This would also
be applicable in the city's Modification of Standards, Section 2.8.2(H)(2).
This section states that " ...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...". We are also proposing additional native
landscaping within the buffer zone to compensate for the encroachment.
Thank you for your consideration.
Application for Modification of Standards
Spring Creek Buffer
This application is a request to allow a modification of standard due to
encroachment on to the Spring Creek Buffer zone at 1635 South Lemay
Avenue in Fort Collins. In Section 3.4.1(E)(2)(c) of the City's Land Use
Code (LUC) it states the following:
The decision maker may allow disturbance or construction
activity within the buffer zone for the following limited
purposes:
1. mitigation of development activities;
2. restoration of previously disturbed or degraded
areas or planned enhancement projects to benefit
the natural area or feature;
3. emergency public safety activities;
4. utility installations when such activities and
installations cannot reasonably be located outside
the buffer zone or other nearby areas of
development;
5. construction of a trail or pedestrian walkway that
will provide public access for educational or
recreational purposes provided that the trail or
walkway is compatible with the ecological character
or wildlife use of the natural habitat or feature; and
6. construction or installation of recreation features
or public park elements, provided that such features
or elements are compatible with the ecological
character or wildlife use of the natural habitat or
feature.
We are requesting the addition of a 4 foot wide walkway in this buffer zone.
The walkway would be constructed in concrete and would border the north
east area of the buffer zone. The encroachment would be approximately 72
feet in length (Please refer to site plan). This request is in accordance with
the city's Modification of Standards, Section 2.8.2(H)(3). The section states