HomeMy WebLinkAboutCHABAD-LUBAVITCH SUBDIVISION - FDP - 15-06/A - CORRESPONDENCE - (8)As offered earlier, if you would like to present your plans and receive advice from the
City's Landmarks Preservation Commission, or take advantage of the City's offer to
arrange for and pay up to $350 for the services of a professional historic preservation
consultant, to provide an "outside" professional evaluation of the property's Landmark
eligibility, please let Staff know.
Regards,
JV
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Emma McArdle
City Planner
CC: Steve Dush, Director of Community Development and Neighborhood Services
Paul Eckman, Deputy City Attorney
Karen McWilliams, Historic Preservation Planner
Peter Barnes, Zoning Administrator
�t Collins
Is there precedence for some historic homes being demolished for commercial
uses? If so how?
Each case stands on its own facts. As previously discussed, historic homes may be
demolished for a commercial use when the project plans meet the standards of LUC
3.4.7, or upon a successful appeal. Additionally, Section 14-53 of the Municipal
Code, 'Waiver of conditions," allows for waivers of the conditions in Chapter 14 of
the Municipal Code, but not Land Use Code requirements. Section 14-53 states:
"Upon a showing of substantial hardship or to protect against an arbitrary result,
the Commission may waive such conditions and requirements as are set forth in
this Chapter provided that the spirit and purpose of the Chapter are not
significantly eroded."
Details regarding Modular Design Criteria
Design considerations would include, in part, the location of the addition on the
historic building, the dimensions of the addition, the roof pitch of the historic building
and the proposed modular, the exterior siding and roofing materials (i.e., how does
the profile of the wood siding compare to the historic wood siding - is it wider, and if
so, how much wider?) The closer the appearance of the modular is to the historic,
the quicker and easier the approval.
The most efficient and effective method of providing design considerations is for the
applicant to provide City Staff with the details (cut sheets or product sheets would
likely work) for modular's he/she is considering, and a site plan that shows the
location of the addition. This then could be reviewed by the Landmarks Preservation
Commission as a complimentary review. The next Commission meetings are on
October 28 and Nov 11. When you are ready, you may contact either me or Karen
McWilliams to get scheduled.
Alternatively, once we have the information and can get a sense of what you are
considering, Staff can review the plans and suggests the "tweaks" that may be
needed for the modular to be compatible.
Definitions (LUC 5.1.2 Definitions)
"Maximum extent feasible shall mean that no feasible and prudent alternative exists,
and all possible efforts to comply with the regulation or minimize potential harm or
adverse impacts have been undertaken."
"Vested property rights shall mean the right to undertake and complete the
development and use of property under the terms and conditions of a site specific
development plan."
Fort Collins
October 15, 2009
Rabbi Yerachmiel Gorelik
Chabad Jewish Center of Northern Colorado
PO Box 271756
Fort Collins, CO 80527
Dear Rabbi Gorelik,
Community Development and
Neighborhood Services
281 North College Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6750
970.224.6134 - fax
fcgov.com/currentplanning
Please see the following answers to question posed at our October 2, 2009 meeting.
Is there an exception for a private owner to demolish a historic residence as long
as they rebuild a single family residence? If so, why isn't this exception extended
to "places of worship or assembly?"
It is true that a single family dwelling, subject only to basic development review, may
be demolished to be replaced with another single family dwelling without being
subjected to Division 3 of the Land Use Code, including 3.4.7, Historic and Cultural
Resources (LUC Section 3.1.1). "Places of worship or assembly' do not meet the
applicability and are therefore subject to the provisions of Division 3 of the Land Use
Code. See the Applicability Section below:
LUC 3.1.1 Applicability
"All development applications and building permit applications shall comply with
the applicable standards contained in Divisions 3.1 through 3.9, except that
single-family dwellings and extra occupancy rental houses that are subject only
to basic development review under Article 4, as well as any accessory buildings,
structures and accessory uses associated with such single-family dwellings and
extra occupancy rental houses, need to comply only with: (A) the standards
contained in Article 4 for the zone district in which such uses are located; (B) the
standards contained in Division 3.8; and (C) with respect to extra occupancy
rental houses, the standards contained in Section 3.2.2(K)(1)(j). In addition to the
foregoing, this Land Use Code shall also apply to the use of land following
development to the extent that the provisions of this Land Use Code can be
reasonably and logically interpreted as having such ongoing application."