HomeMy WebLinkAbout300 SMITH STREET - MODIFICATION OF STANDARD - 39-03 - REPORTS - RECOMMENDATION/REPORTModification of Standards for 300 Smith Street, File # 39-03
December 4, 2003 P&Z Meeting
Page 4
B. Staff finds that the granting of this modification would not be detrimental to the public
good because the modification request does not adversely affect the 9 foot wide utility
easement that runs along Olive Street.
C. Staff finds that the granting of this modification will promote. the general purpose of the
standard being modified equally well or better than would a plan with a full amount of
required setback because the distance from the Olive Street curb to the proposed
location of the building is greater than it would be if the street were being designed to
present street standards; therefore the front yard is larger than would be provided in
new development.
6. RECOMMENDATION:
Staff recommends approval of the modification request.
Modification of Standards for 300 Smith Street, File # 39-03
December 4, 2003 P&Z Meeting
Page 3
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.
3. APPLICANT'S REQUEST
The applicant has proposed that the modification requests meet the requirements of LUC
2.8.2 Modification Review Procedures (H) Step 8 (Standards). Please see the attached
written justification by the applicant.
4. ANALYSIS OF MODIFICATION REQUEST
Section 3.5.2(D)(2) requires that every residential building be set back fifteen (15) feet
from a street right-of-way.
The applicant proposes to reduce the front setback along Olive Street from 15 feet to 12
feet.
Staff finds that the granting of the modification request would not be detrimental to the
public good, because the modification request does not adversely affect the 9 foot wide
utility easement that runs along Olive Street.
The general purpose of a minimum setback between a residential building and its adjacent
street is to ensure that residential developments provide a minimum amount of front yard
space between the building and the adjacent street. Typically, on a new local street, the
distance between the curb and the adjacent front property line would be 10.5 feet, however
Olive Street, in this location, has 23 feet in this dimension. This allows the proposed yard
between the building and the Olive Street curb to be 35 feet wide, even though the official
setback would be 12 feet. Staff finds that the plan, as submitted with the 12 foot setback
along Olive Street, will promote the general purpose of the standard being modified
equally well or better than would a plan which complies with the 15 foot setback because
the distance from the Olive Street curb to the proposed location of the building is greater
than it would be if the street were being designed to present street standards, therefore the
front yard is larger than would be provided in new development.
5. FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of Standards for 300 Smith Street, file 39-03 is subject to
review by the Planning and Zoning Board.
Modification of Standards for 300 Smith Street, File # 39-03
December 4, 2003 P&Z Meeting
Page 2
E: CL — existing alley, existing automotive repair shop,
S: NCM — existing houses along Smith Street,
W: NCM — existing houses along Smith Street and Olive Street.
The property is within the original town site of Fort Collins, January 1873.
The applicant anticipates submitting a Project Development Plan for review to demolish
the existing house at 300 Smith Street, and replace it with a 3-unit multifamily building
fronting on the adjacent streets. This modification request is in anticipation of that PDP
application.
2. THE MODIFICATION PROCESS
(A) Section 2.8.2(H) of the LUC specifies that in order to approve a modification the
Planning and Zoning Board must find that:
(1) the granting of the modification is not detrimental to the public good, and;
(2) One of the following:
(a) 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
(b) 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
(c) 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
IV
ITEM NO. 6
, MEETING DATE 12/4/03
STAFF Troy Jones
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Modification of Standards for 300 Smith Street, File #39-03
OWNER/APPLICANT: n�
Ic--1
Rosita Bachman
Bachmann Enterprises LLC
8018 Fox Hill Drive
Longmont, CO 80501
PROJECT DESCRIPTION: This is a request to modify Section 3.5.2(D)(2) of the Land Use
Code to reduce the required setback along the Olive Street frontage of the property at 300
Smith Street from 15 feet to 12 feet. This request is in anticipation of an upcoming
development application to redevelop the site at 300 Smith Street. The property is in the
NCM zone district.
RECOMMENDATION:
Staff recommends approval of the modification request to Section 3.5.2(D)(2) of the Land
Use Code.
EXECUTIVE SUMMARY: This is a request for modification to following section of the Land
Use Code:
(1) 3.5.2 Residential Building Standards (D) Residential Building Setbacks (2)
Setback from Nonarterial Streets - this section of the Land Use Code requires that
every building be set back fifteen (15) feet from a street right-of-way.;
COMMENTS
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: CL — Olive Street, existing single family house, existing commercial building
NE: CL — Riverside Avenue,
MMN & NC — Undeveloped phases of the Rigden Farm Development,
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT