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HomeMy WebLinkAbout218 WEST MAGNOLIA STREET (EDWARDS RESIDENCE) - FDP - 27-99A - CORRESPONDENCE - CITY STAFFRichter Letter 1-12-00 Page 2 District as listed in the Fort Collins Land Use Code. (Meaning that if the office use is abandoned, then the building must be converted to some other permitted use - it can not become only a detached, single family dwelling per the Code in effect on January 12, 2000); 4. The owner of the building agrees to inform any successive owner of the contents of this agreement. Once the Building & Zoning Department receives an agreement containing these items, then the permit approval will be based on approved building plans that comply with code regulations for single family dwellings, but the use and occupancy will be classified as mixed -use. Please contact me if you have any questions regarding this matter. Sincerely, / 166 &_- Peter Barnes Zoning Administator Attachment CC: Felix Lee Mike Gebo Steve Olt Commi...ity Planning and Environmentai-cervices Building and Zoning Department City of Fort Collins January 12, 2000 Jim Richter Vaught Frye Architects 1113 Stoney Hill Drive Fort Collins, CO 80525 Dear Jim: This letter is a follow-up to our phone conversation earlier this morning regarding The Edwards House at 218 W. Magnolia Street. This property is located in the Downtown zoning district, wherein detached single family dwellings are not a permitted use. In order to approve the building permit application, the use must be classified as a permitted use in the D district, meaning in this case that it must be a mixed -use dwelling. A residence combined with a home occupation does not qualify as a mixed -use dwelling becauses the home occupation is an accessory use to the dwelling unit. It is not a considered to be a nonresidential use. Thus, a building that contains a dwelling unit and a home occupation office use is always classified as a detached, single family dwelling.. I have met with Steve Olt, City Planner, Felix Lee, Director of Building & Zoning, and with Mike Gebo, Building Inspection Supervisor, for the purpose of determining if there is a way to classify the proposed building as a mixed -use occupancy, while still being built only in compliance with the Uniform Building Code regulations for single family dwellings. We have decided that as long as we are in receipt of a letter of agreement from the owner that stipulates to certain requirements, the Building & Zoning Department will issue a permit for a mixed -use, residential/commercial office (R3/B) building. Further, we will issue a certificate of occupancy for the same upon completion of the project. The letter of agreement should contain statements that are similar to the following: 1. The office area above the garage of the building located at 218 W. Magnolia Street shall be used by the current and future occupants of the dwelling unit of said building in a manner that is in compliance with the home occupation regulations contained in the Fort Collins Land Use Code (see attached); 2. The owner(s) of the building understands that in the event the above -referenced office area ceases to be used in compliance with the home occupation regulations of the Land Use Code, the building must be brought into compliance with the applicable building code regulations for mixed -occupancy buildings; 3. The owner(s) of the building understands that the building must continue to be occupied by a use or uses that are permitted in the Canyon Avenue Subdistrict of the Downtown 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6760 • FAX (970) 224-6134