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HomeMy WebLinkAboutBELLA VISTA - PDP - 45-01A - CORRESPONDENCE - RESPONSE TO CITIZEN (16)I Steve It - Bella Vista .-.---Fage 1 From: Steve Olt To: "paulkitze@yahoo.com"@FC1.GWIA Date: 11 /15/02 11:09AM Subject: Bella Vista Tom, I would like to provide clarification regarding the definition of a "lot" and how it pertains to the reference to lots in Section 3.8.17(A)(3) Contextual Height in the Land Use Code (LUC). As defined on Page 23 of Division 5.1.2 Definitions of the LUC: "Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way, private street or private drive, any of which is at least twenty (20) feet wide at all points." Per the recorded subdivision plat for the Strachan Subdivision, Third Filing approved by the Planning and Zoning Board on November 11, 1980, the Marriott Hotel, the 3 office buildings fronting on East Horsetooth Road, and several office buildings west & north of the hotel are all on Lot 3 of the subdivision plat. Lot 3 does abut Stanford Road and even includes the street right-of-way for Stanford Road next to the Bella Vista site. The "parcels" you see delineated on the City's Zoning Map represent ownership parcels created for the Larimer County Assessor's office (by metes & bounds descriptions) for tax assessment purposes. However, they are still listed in the County Assessor's tax roles as a portion or part of Lot 3, Strachan Subdivision, Third Filing. I will now refer back to Section 3.8.17(A)(3) Contextual Height in the LUC, which states "Regardless of the maximum building height limit imposed by the zone district standards of this Land Use Code, applicant shall be allowed to use a "contextual" height limit. The allowed "contextual" height may fall at any point between the zone district maximum height limit and the height of a building that exists on lots that are adjacent to the subject lot. This provision shall not be interpreted as requiring greater minimum heights or lower maximum heights than imposed by the underlying zone district." City staff has determined that the applicants are allowed to use Lot 3 of the Strachan Subdivision, Third Filing (and the buildings contained within) as a "contextual" height limit comparison, based on the subdivision plat of record for the property west of Stanford Road, adjacent to the Bella Vista site, and the language in the aforementioned "contextual" height section of the LUC. This is now under review by staff. I hope this clarifies City staffs position on this matter Steve Olt CC: Cameron Gloss; Paul Eckman