HomeMy WebLinkAboutKAUFMAN BARN, ADDING A STRUCTURE TO A PROPERTY WITH A NON-CONFORMING USE - 18-03 - CORRESPONDENCE - LUC REQUIREMENTSTo: City of Fort Collins Building and Zoning
From: James H. Lewis
Re: Property use at 2304 West Prospect Road, Fort Collins, 80526
To whom it may concern:
From 1972 to May 2001, at our home at 2304 West Prospect Road, Fort Collins,
Colorado, we maintained a horse boarding business that was never interrupted for more
than 12 months. We also maintained sheep, goats, chickens and other poultry, cows and
hogs continuously on the property, with no interruption longer than 12 months.
Signed:
A
{
Subscribed and sworn before me thi "3 2dday of�
Witness my hand' and official seal.
My commission expires:}1b.
To: City of Fort Collins Building and Zoning
From: Meribah Hodges
Re: Property use at 2304 West Prospect Road, Fort Collins, 80526
To whom it may concern:
From 1970 to 1972, at my home at 2304 West Prospect Road, Fort Collins, Colorado, I
maintained a horse boarding operation that was never interrupted for more than 12
months. I also maintained sheep, goats, chickens and other poultry, continuously on the
property, with no interruption longer than 12 months.
Signed:4�L 1'
1 ZOI/
Subscribed and sworn before me this�day of
Witness my hand and official seal. /
My commission expires: &4 Mq m acX ,2>
Kaufman property memo
Page 2
3. Zoning indicated the property was zoned for horses and not sheep (8 now on
property).
Sheep are allowed only in the UE, RF and RC zones. The subject property is in
the RL zone, wherein the keeping of sheep is not permitted. However, the
Zoning Office files contain notarized affidavits from previous owners of 2304 W.
Prospect stating that sheep have been present on the property for more than 30
years, going back to a time that appears to have pre -dated annexation.
Therefore, the keeping of sheep on the property would be classified as a
nonconforming use provided that sheep have not been absent from the property
for a period of longer than 12 consecutive months. The affidavits affirm that no
such "abandonment' period has occurred, and thus the keeping of sheep is
considered to be a use that has been "grandfathered".
4. 6 horses are present. Looks like that is too many. Take out for the large home,
double carport & fenced in yard around Homestead, there is less area. Another
item; can the horse arena count for pasture area for the horses? According to
the Assessor's records the property has 133,223 sf or 3.05 acres not 3.3 acres.
The Land Use Code does not contain any regulations pertaining to how much
pasture area is required for a horse. Such regulations are in the City's animal
control ordinance, which is enforced by the Larimer County Humane Society.
The interpretation and manner of application of such regulations as they pertain
to horse boarding operations should be rendered by the Humane Society.
City of Fort Collins
Commu_-_cy Planning and Environmental -rvices
Building and Zoning Department
MEMORANDUM
DATE: November 28, 2003
TO: Ted Shepard, Chief Planner
FROM: Peter Barnes, Zoning Administrator P3
RE: Kaufman property
You recently received a letter from the Northbrook Patio Homes HOA regarding four
possible issues relating to the Kaufman property at 2304 W. Prospect Road. The four
issues and a response are as follows:
The sales tax division did not have any record of a City license for horse
boarding.
A sales tax license does not authorize any land use. A business having a tax
license has no bearing on whether or not the business is legal. I checked with
Sales Tax and found that they do require a horse boarding operation to have a
tax license. The license is more for the purpose of collecting use tax rather than
sales tax since horse boarding is more of a service business rather than a retail
business. There is no fee for the license, but an application must be submitted.
2. No record of a permit for the two new buildings (none required if under 8)
enclosed photo show height of over 10'.
A buiding permit is required for detached buildings that exceed 120 square feet
and/or 8' in height. Records show that the City has not issued a building permit
for any new building at 2304 W. Prospect. It is impossible to tell from the photo
what the actual height of the shed is. However, if indeed it is over 8' in height
then a permit is required. If the shed is used in connection with the horse
boarding operation, then it would be regulated under Section 1.5.5 in the same
manner as the barn for which a development application is currently under
review.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6760 • FAX (970) 224-6134