HomeMy WebLinkAbout419 W. MOUNTAIN AVE. - MAJOR AMENDMENT - 42-02 - REPORTS - MODIFICATION REQUESTdenied, a plan would have to be created which would use the existing building shell. We
believe the resulting housing unit would not be as compatible with the neighborhood as
the plan presented.
Modification #2 Section 4.7(E)(1) Setback from West property line
The West side setback lacks compliance by 1.7 feet or 19 inches. As with the east side,
the intent of the standard is to keep houses from being to close together. The residence
to the West has their driveway on their east property line and the house sits west of the
driveway. The distance between structures is greater than those separations mandated by
the standards. Additionally, should the setback be required according to the standards the
second floor would have to be offset from the existing first floor. The resulting front
architectural elevation would not be in the style of the neighborhood. Granting this
modification would not be detrimental to the public good for those reasons stated in
modification request #1.
Modification #3 Section 4.7(E)(4) Lot Width
The lot width is 35 feet. The house/duplex to the west has a 35-foot wide lot. We believe
our lot is equal to existing standards found in this neighborhood. The public good would
not be compromised due to the fact there are existing homes in this neighborhood with
similar sized lots.
We believe the Planning and Zoning Board should grant a Modification to the Standards.
We believe this proposal will be a "greater than" result for the neighborhood over what
presently exists. The building would continue to exist with the look of an office building
should the modifications not be granted. We believe the proposed 2 -story budding is
compatible with the distinctive characteristics of the Mountain Avenue area. Great care
has been given to relate the new architectural design elements, scale, and massing to it's
important contextual neighborhood streetscape. The existing building is not currently
eligible for historic designation due to the mid-1960's original construction date.
However, the Advance Planning comment sheet stated, "Wow! What an improvement!".
Request for Modification to the Standards
For
419 West Mountain Ave.
NCM District
This is a request to modify the Land Uses Standards and Development Standards
contained in Article 4.7(E)(1),(4). More precisely this is a request to modify side setback
requirements and minimum lot width requirements as stated in "Dimensional Standards".
The standards state minimum side yard width shall be a minimum of five (5) feet for all
interior side yards for the first 18 feet in wall height and then an additional 1 foot setback
for each 2 feet or fraction of extra height. The standards also state minimum lot width
shall be fifty (50) feet for all uses except single and two family dwellings.
The proposed project is to change the existing two dwellirig unit to a three dwelling unit.
The southern half of the building which houses the existing two dwelling units, will not
change. The existing building has an existing interior side yard of 3.3 feet or 1.7 feet short
of the required dimension on the West property line. The existing East side setback is 3.5
feet and is required to be 8 feet due to its 23 foot wall height on that side. The existing lot
width is 35 feet or 15 feet under the required width. These setbacks and lot widths are
typical of this area but do not comply with the standards.
The existing building was operated by Larimer County Youth Services until approximately
June of 1999. Subsequently the building remained unoccupied until its purchase by the
applicants in October of 2001. The 12 consecutive months without use eliminated the
exception or "grand -fathered" zoning for this office building. The building can no longer
be used as an office. The NCM district provides for mainly residential uses. The
conversion from office use to residential use mandated by City zoning requires
Modification of the Standards. This proposal will not decrease the side yard setbacks any
more than existing.
In accordance with the provisions stated in the LUC Section 2.8.2H1 we request the
Planning and Zoning Board approve of our requested modifications. Section 2.8.2H1
states the Planning and Zoning Board may modify the standard if 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. The three requests are supported as follows:
Modification #1 Section 4.7(E)(1) Setback from East property line.
The East side set back is currently 3.5 feet. It is required to be 8 feet due to the wall
height. The East property line is on an alley ROW line. It does not impact an adjoining
residential lot. We believe the decrease in the setback is equal to or better than since the
purpose of the setback is to protect residential lots. The modification would not impact
the public welfare since the building exists on the 3.5-foot setback. Should the request be