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EXHIBIT
Exhibit "B"
"The Tiley Property"
LOT 3, THUNDERBIRD ESTATES, SIXTH
SUBDIVISION, IN THE CITY OF FORT COLLINS,
COUNTY OF LARIMER AND STATE OF COLORADO,
ACCORDING TO THE RECORDED PLAT THEREOF,
KNOWN AND NUMBERED AS 117 EAST DRAKE ROAD,
FORT COLLINS, COLORADO.
Exhibit "A"
"The Eskin Property"
LOT ONE (1) BLOCK ONE (1), THUNDERBIRD
ESTATES FIRST SUBDIVISION, AND THE NORTH
FIVE (5) FEET OF LOT TWO (2), BLOCK ONE (1),
THUNDERBIRD ESTATES FIRST SUBDIVISION;
EXCEPT THE WEST 25 FEET OF THE NORTH 66
FEET OF SAID LOT ONE (1)
MAE A. TILEY
By K. Bill Tiley, her Attorney in Fact
rl-�
K. BILL iTILEY
I
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
Thoregoing instrument was subscribed, sworn to, and acknowledged before
me this day of April, 1997, by MAE A. TILEY and K. BILL TILEY.
Witness my hand
�piAAY •.•�,r
. pUBI.N�:'Pao� Notary Public
�oF Wo���o°� My Commission Expires: g1-
11. Binding Effect. The Access Easement granted herein and the other
provisions hereof shall be covenants running with the land and shall be binding upon
and inure to the benefit of the parties hereto and their respective heirs, personal
representatives, successors, and assigns.
12. Contingency. This Agreement and all partie's obligations hereunder are
expressly contigent upon the City of Fort Collins, approval of the PUD Plan.
IN WITNESS WHEREOF, the parties hereto have executed this
of the day and year first above written. 1 �
AVRAM A. ESKIN
ELINDA J. ESKIN
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
Toregoing instrument was subscribed, sworn to, and acknowledged before
pl
me this day of by AVRAM A. ESKIN and BELINDA J. ESKIN.
Witness my f
Wmt)d off fell-%q
NOTAgy
I
Notary Public n
My Commission Expires: (1"
by either party pursuant to this paragraph may be covered by a "blanket" policy
covering other business locations so long as each party is named as an additional
insured under such policy or polices as their interest may appear.
8. Representations and Warranties. Each party expressly represents and
warrants to the other that it has full power and lawful authority to execute this
Agreement and perform the obligations and responsibilities herein set forth, and that
this Agreement constitutes the valid, legal, binding, and enforceable obligations of such
party.
9. Remedies Upon Default. In the event of default, the nondefaulting party shall
have the right to an action for specific performance or damages, or both. In the event
the parties, by mutual agreement or as a result of a bona fide emergency, authorize
work to be performed on the Access Easement and in the event any party fails to pay
their proportionate share of the common expenses and shall be entitled to
reimbursement from the defaulting party for the defaulting party's share of the common
expenses, then the nondefaulting party may pay the defaulting party's share of the
common expenses, together with interest at the rate of eighteen percent (18%) per
annum. In addition, the nondefaulting party shall have a lien upon the defaulting
party's property for the defaulting party's share of the common expenses, together with
interest thereon. To evidence such lien, the nondefaulting party shall prepare a written
notice setting forth the amount of the unpaid portion of the common expenses, the
name of the defaulting party, and a legal description of the defaulting party's property.
Such notice shall be signed by the nondefaulting party and shall'be recorded in the
office of the Clerk and Recorder of Larimer County, Colorado, after having been mailed
not less than ten (10) days prior to such recording to the defaulting party. Such lien
shall be superior and prior to all other liens and encumbrances, except liens for general
taxes, special assessments, or any mortgage or deed of trust recorded prior to the date
that such lien is recorded in the office of the Clerk and Recorder of Larimer County.
Any lien recorded in accordance with this paragraph may be enforced by foreclosure of
the defaulting party's property in the same manner as the foreclosure of a mortgage
deed under the laws of the State of Colorado. The nondefaulting party shall have the
right and power to bid on the defaulting party's property at such foreclosure sale. The
amount of the common expenses due from the defaulting party shall also be personal
and individual debt of the defaulting party at the time payment comes due, and suit to
recover a money judgement for such unpaid portion of the common expenses maybe
maintained in addition to any other remedy hereunder, with or without foreclosure or
waiver of the lien rights herein set forth.
10. Attorney's Fees. In the event of any arbitration proceeding, foreclosure
action, or litigation arising out of this Agreement, the prevailing party shall be awarded
its costs and reasonable attorney's fees.
agents, servants, and employees thereof, from and against any and all claims, actions,
liability, and expense, including reasonable attorneys fees, incurred in connection with
the loss of life, bodily injury, and/or damage to property arising out of or as a result of
the use of the Parking Spaces by the Tileys, their agents, employees, servants,
tenants, sub -tenants, licensees, concessionaires, guests, or business invitees, unless
the same is caused by the willful or negligent act or omission of the indemnified parties.
If any action or proceeding is brought against the indemnified parties for which the
indemnified parties would be entitled to indemnification under this paragraph, the
indemnified parties shall give written notice to Eskins and, upon receipt such notice,
Eskins shall defend such action or proceeding by adequate counsel at their expense.
(b) Indemnification of Eskin's. The Tileys, for themselves, their heirs,
personal representatives, successors and assigns, shall indemnify and save harmless
the Eskin's, their heirs, personal representatives, successors and assigns, including the
agents, servants, and employees thereof, from and against any and all claims, actions,
liability, and expense, including reasonable attorneys fees, incurred in connection with
the loss of life, bodily injury, and/or damage to property arising out of or as a result of
the use of the Access Easement by Eskins, their agents, employees, servants,; tenants,
sub -tenants, licensees, concessionaires, guests, or business invitees, unless the same
is caused by the willful or negligent act or omission of the indemnified parties. If any
action or proceeding is brought against the indemnified parties for which the
indemnified parties would be entitled to indemnification under this paragraph, the
indemnified parties shall give written notice to the Tileys and upon receipt of such.
notice, the Tileys shall defend such action or proceeding by adequate counsel at his
expense.
7. Liability Insurance. Each party shall keep in force, with an insurance
company authorized to do business in the State of Colorado, a policy of commercial
general liability in including property damage, which shall insure both parties
from and against all claims, demands, actions, or liability for injury to or death of any
persons and damage to property with limits of coverage not less than one million
dollars ($1,000,000.00) (combined single -limit bodily injury and property damage).
Each party's policy of general liability insurance shall name the other party as an
additional named insured. The deductible under such policy shall be in such amount
as reasonably acceptable to both parties. Such policy of insurance shall insure,
without limitation, the performance by each party of the, indemnities set forth herein.
Each party shall deliver to the other party a certificate or other evidence of such
insurance, which shall provide, among other things, that the insurer will give thirty (30)
days written notice prior to any lapse, cancellation, reduction, modification, or material
change in the policy. Each policy shall provide, among other things, that the insured
and any additional named insurers, as set forth in this paragraph, although named as
insureds, will nonetheless will be entitled to recover under said police for any loss
occasioned to them, their servants, agents, and employees, by reason of the
negligence of the other party or such party's servants, agents, or employees. Each
policy shall be a primary insurance contract. The insurance required to be maintained
Parking Spaces or repair or replacement of damage to adjacent improvements.
After the Parking Spaces are completed, references in this Agreement to the
term "Common Expenses" shall mean and refer to all costs and expenses incurred in
the maintenance, repair, renovation, construction, or improvement of the Access
Easement and the Parking Spaces which have been approved by mutual agreement of
both parties, including by way of example, and not.limitation, the cost of all materials,
supplies, and equipment incorporated in the Access Easement and the Parking
Spaces; payment to contractors or sub -contractors for any work performed on the
Access Easement and the Parking Spaces; rental charges for all necessary machinery
and equipment used in connection with maintenance, repair, construction, or
improvement of the Access Easement and the Parking,Spaces; the costs of removal of
snow, debris and trash from the Access Easement and Parking Spaces, costs incurred
due to an emergency effecting the safety of persons and property in the Access
Easement and Parking Spaces; and all other costs incurred in the maintenance, repair,
construction, or improvement of the Access Easement and Parking Spaces if and to the
extent approved in advance by both parties. Each party shall be responsible for paying
their proportionate share of all Common Expenses on a proportionate square footage
basis. The term "proportionate square footage basis" as used herein, is intended to
mean, and shall be deemed to mean, in the proportion which the square footage of the
six (6) parking spaces bears to the square footage of the asphalted and concreted
portion of the Tiley Property. Either party shall have the right, but not the obligation, to
make such repairs and maintenance upon their respective property as either deems
appropiate without the consent of the other party, provided that any such repairs or
maintenance authorized without the consent of the other party shall not interfere with
the non -consenting party's use if the Access Easement or the Parking Spaces, except.
for such temporary time as may be necessary during the course of construction, and
provided that the party authorizing such repairs or maintenance without the consent of
the other party shall be solely responsible for the payment of all costs and expenses in
connection with such unauthorized maintenance and repairs and shall indemnify and
hold harmless the non -consenting party from and against any loss, cost, and expense,
including reasonable attorneys fees arising out of any claim which may be made
against the non -consenting party for work performed or materials delivered. The party
authorizing any such maintenance or repairs without the consent of the other party
shall indemnify the non -consenting party against all claims, liens, or claims of lien
arising directly or indirectly out of or by reason of any work or activity performed and
shall, within ten (10) days after the filing of any such statement of lien, fully pay and
satisfy the same or post a bond or other appropiate security to obtain the release of the
non -consenting party's property from such lien.
6. Indemnification.
(a) Indemnification of Tilevs. The Eskins, for themselves, their heirs,
personal representatives, successors and assigns, shall indemnify and save harmless
the Tileys, their heirs, personal representatives, successors and assigns, including the
3. Maintenance of Access Easement. The Access Easement upon the Tiley
Property shall be maintained in such a manner as is reasonably necessary and
appropriate for the continued use of the Access Easement for the purpose of providing
vehicular and pedestrian access over, upon, and across the Tiley Property to and from
West Drake Road and to and from the Parking Spaces to be located upon the Eskin
Property. Such maintenance shall include, by example and not limitation, the following:
repairs, replacements, resurfacing, painting, re -striping, cleaning, sweeping, and snow
removal services; maintenance, repair, and replacement of curbs, gutters, sidewalks,
signs, asphalt, and concrete; and all other general maintenance, rebuilding,
modification, improvement, repair, and replacement of the Access Easement and
provision of personnel to implement such services. Any maintenance, repair,
restoration, and improvement of the Access Easement shall be performed by Tileys at
their sole and exclusive cost and expense.
4. Construction of the Parking Spaces. The most Northerly sarking spaces to
be constructed on the Eskin Property, as depicted upon the PUD Plan, shall be
constructed as soon as feasible following the PUD approval. The Eskins hereby
authorize the Tileys, and the Tileys agree, to coordinate construction of these two (2)
parking spaces in conjunction with repairs and replacements which the Tileys currently
plan to make to the Access Easement area upon the Tiley Property. Eskins agree to
pay to the Tileys, upon request, their proportionate share of the cost of all base,
asphalt, and striping costs with respect to the construction of the two (2) parking
spaces. All such base and asphalt cost shall be allocated between Tileys and Eskins
on a proportionate square footage basis. Eskins hereby authorize the Tileys to
proceed with the construction of four (4) additional parking spaces, south of, adjacent
to, and contiguous with the above referenced two (2) parking spaces, at such time as
the construction may be authorized or approved by the City of Fort Collins. The costs
of all base, asphalt, and stripping with respect to these four (4) additional parking
spaces shall be paid by Eskins to the Tileys upon demand. In the event the Tileys are
able to coordinate construction of all six (6) parking spaces at one time in conjunction
with the repairs and replacements to the Access Easement upon the Tiley Property,
then the cost of such base and asphalt shall be allocated between the Eskins and the
Tileys on a proportionate square footage basis. In the event any dispute should arise
With the respect to the appropriate costs of the above referenced base, asphalt, and
stripping, the parties agree to submit the matter to mediation, and if not resolved by
mediation, to binding arbitration in accordance Uniformed Arbitration Act of 1975,
C.R.S. 13-22-201, et seq.
5. Additional and Common Expenses. Eskins agree to pay the costs of
constructing concrete bumper stops for the Parking Spaces. Eskins also agree to pay
the costs of the removal of the fence located upon the Eskin Property where the
Parking Spaces and to be located. All Additional Expenses with respect to the design
and construction of the Parking Spaces shall be born by the Tileys, including, but not
by way limitation, legal fees, engineering fees, architectural fees, excavation expenses,
and other and additional costs associated with the design and construction of the
NOW, THEREFORE, in consideration of the premises, and other good and
valuable consideration, the receipt and adequacy of which is hereby confessed and
acknowledged, the parties agree as follows:
1. Grant of Easement.
(a) Tileys to Eskin. Tileys, for themselves and their heirs, personal
representatives, successors and assigns, do hereby grant, bargain, sell, convey, and
confirm unto Eskins, their heirs, personal representatives, successors and assigns,
forever, a non-exclusive, perpetual easement over, upon, and across Tiley Property for
the purpose of providing vehicular and pedestrian access to and from West Drake
Road adjacent to and North of the Tiley Property over, upon, and across the Tiley
Property to the Easterly boundary thereof, for the benefit of the Eskins and their heirs,
successors, assigns, employees, tenants, sub -tenants, licensees, guests, business
invitees, and any other person or entity having a record interest in the Eskin Property or
having the right to use or possession of the Eskin Property or the right to enter upon
the Eskin Property. Tileys warrant title to the easement herein granted, subject to
easements and encumbrances of record; easements and rights -of -way in place or of
record; restrictions, reservations, and exceptions of record; protective covenants of
record; and real property taxes for the year 1997 and subsequent years.
(b) Eskins to Tileys. Eskins, for themselves and their heirs, personal
representatives, successors and assigns, hereby grant, bargain, sell, convey, and
confirm onto Tileys, their heirs, personal representatives, successors and assigns,
forever, a non-exclusive, perpetual easement for vehicular parking upon the six (6)
parking spaces be constructed upon the Eskin Property immediately adjacent to and
contiguous with the Easterly boundary of the Tiley Property for the benefit of the Tileys,
their heirs, personal representatives, successors, assigns, employees, tenants, sub-
tenants, licensees, guests, business invitees, and any other person or entity having a
record interest in the Tiley Property or having the right to use or possession of the Tiley
Property, or the right to enter thereon. Eskins warrant title to the easement herein
granted, subject to liens and encumbrances of record; easements and rights -of -way in
place of or record; restrictions, reservations, and exceptions of record; protective
convents of record; and real property taxes for the year 1997 and subsequent years.
2. Regulation of the Access Easement. Tileys shall not restrict in any manner
the Access Easement including, by example and not limitation, regulation of the
direction and flow traffic without the mutual agreement of the parties hereto.
AGREEMENT
THIS AGREEMENT is made and entered into this 01-1- day of April, 1997, by
and between AVRAM A. ESKIN and BELINDA J. ESKIN, whose address is, for the
purposes of this Agreement, 123 East Drake Road, Fort Collins, Colorado 80525
("Eskins"), and MAE A. TILEY and K. BILL TILEY, whose address is, for the purpose of
this Agreement, 117 East Drake Road, Fort Collins, Colorado 80525 ("Tileys").
WITNESSETH:
WHEREAS, Eskin's are the owners of the real property described on Exhibit "A"
attached hereto and incorporated herein, ("the Eskin Property"); and
WHEREAS, Tileys are the owners of the real property described on Exhibit "B"
attached hereto and incorporated herein, ("the Tiley Property"); and
WHEREAS, a map of the Eskin Property and the Tiley Property is attached
hereto as Exhibit "C" and incorporated herein by this reference ("the Map"); and
WHEREAS, the Eskins have applied to the City of Fort Collins to obtain Planned
Unit Development Approval with respect to the Eskin Property ("the PUD Plan"); and
WHEREAS, the PUD plan as submitted provides for two (2) parking spaces
located upon the Eskin Property adjacent to the East boundary line of the Tiley
Property; and
WHEREAS, the City of Fort•Collins is requiring, as a condition to approval of the
PUD Plan, that Eskins obtain an easement for ingress and egress over, upon, and
across the Tiley Property to the parking spaces to be located on the Eskin Property;
and
WHEREAS, the Tileys are willing to grant an easement for vehicular and
pedestrian ingress and egress over, upon, and across the Tiley Property to and from
the parking spaces to be located upon the Eskin Property, as well as to and from four
(4) additional parking spaces to be located immediately adjacent to and South of the
parking spaces depicted on the PUD Plan, which additional parking spaces the Tileys
have requested in consideration for the grant of the easement herein described; and
WHEREAS, the Eskins are willing to provide a total of six (6) parking spaces
upon the Eskin Property adjacent to and contiguous with the Easterly boundary of the
Tiley Property, in accordance with this Agreement, in return for an easement for
vehicular and pedestrian ingress and egress over, upon, and across the Tiley Property
to and for the benefit of the Eskin Property, all is more particular described below.
4/21 /97 APR 2 4 En
City of Ft. Collins
Planning & Zoning Board & Staff
Re: Eskin PUD
Our PUD is scheduled for review at the May 19th meeting. It could be considered
a consent item If we can resolve the following issue.
On the Plan, there is an existing parking spot on the eastern most edge of the
property that borders Harvard and it is part of a four space parking area. This
spot has been there for almost 20 years. We would like to keep this spot
unchanged in order to keep our neighbors happy, but according to parking lot
guidelines, a five foot plant area should be incorporated here, which would mean
eliminating this space. We understand the need for guidelines but we also feel
that not every situation is black and white. We would like an exception for this
parking spot. If we can not get that exception now, before the May 19th meeting,
than we would like the opportunity to discuss the matter with the Board and
therefore the PUD would no longer be a consent item. We know how valuable the
Board's time is and that is why we are hoping to get the matter resolved by staff.
Our issue stems from the neighbors, who want as much off-street parking as
possible on the Harvard side of the property. There is no room to add parking on
this side of our building; our only hope is to keep what we already have.
By adding a five foot plant area it would eliminate one space. We feel that the
plant area would create an obstacle for maneuvering in this small parking area.
People may not feel as comfortable utiliang the parking lot and would find it easier
to just park on the street. This is what our neighbors specifically requested that
we avoid. We feel that it is in the best interest of the neighborhood to leave this
space unchanged and keep it as it has been for 20 years.
We have not been given any more practical reason why this parking spot should
be torn out other than a plant area is what the guidelines require. For all practical
purposes It seems that it should remain a parking space. Please see what you
can do to keep the space, make the neighbors happy, keep peace with the City
and make the PUD a consent item for the Board. A very tall order.:-)
Respectfully submitted,
Belinda & Avram Eskin
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#48-95A Eskin P.U.D. "
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Eskin PUD, Final, #48-95A
May 19, 1997 P & Z Meeting
Page 5
2. The Planning and Zoning Board approves this planned unit development final
plan upon the condition that the development agreement, final utility plans,
and final P.U.D. plans for the planned unit development be negotiated
between the developer and City staff and executed by the developer prior to
the fourth meeting (July 17, 1997) of the Planning and Zoning Board following
the meeting at which this planned unit development final plan was
conditionally approved; or, if not so executed, that the developer or the City
staff, at said subsequent meeting, apply to the Board for an extension of time.
The Board shall not grant any such extension of time unless it shall first find
that there exists with respect to said planned unit development final plan
certain specific unique and extraordinary circumstances which require the
granting of the extension in order to prevent exceptional and unique hardship
upon the owner or developer of such property and unique hardship upon the
owner or developer of such property and provided that such extension can be
granted without substantial detriment to the public good.
If the staff and the developer disagree over the provisions to be included in
the development agreement, the developer may present such dispute to the
Board for resolution. The Board may table any such decision, until both the
staff and the developer have had reasonable time to present sufficient
information to the Board to enable it to make its decision. (If the Board elects
to table the decision, it shall also, as necessary, extend the term of this
condition until the date such decision is made).
If this condition is not met within the time established herein (or as extended,
as applicable), then the final approval of this planned unit development shall
become null and void and of no effect. The date of final approval for this
planned unit development shall be deemed to be the date that the condition
is met, for purposes of determining the vesting of rights. For purposes of
calculating the running of time for the filing of an appeal pursuant to Chapter
2, Article II, Division 3, of the City Code, the "final decision" of the Board shall
be deemed to have been made at the time of this conditional approval;
however, in the event that a dispute is presented to the Board for resolution
regarding provisions to be included in the development agreement, the
running of time for the filing of an appeal of such "final decision" shall be
counted from the date of the Board's decision resolving such dispute.
Eskin PUD, Final, #48-95A
May 19, 1997 P & Z Meeting
Page 4
spaces are provided (three legal, off-street parking spaces on the east side of the building
and 6 off-street parking spaces on the west side of the building). The Eskins have reached
an agreement with Bill Tiley, owner of the commercial property to the west, for shared
access and use of the 6 parking spaces on the west side of the building.
Signage:
This site is located within the Residential Neighborhood Sign District. However, no flush
wall signs are proposed. There is an existing sign at the corner of E. Drake Road and
Harvard Street which is proposed to remain. No additional signage is proposed at this
time. Any additional signage is subject to the City's Sign Code.
4. Neighborhood Compatibility:
When approving the Eskin PUD, Preliminary, the Planning and Zoning Board determined
that the request is compatible with the surrounding neighborhood. With the addition of the
landscape strip/planting bed, the Final PUD request will be in substantial compliance with
the approved Preliminary. Therefore, the Final PUD request is compatible with the
surrounding neighborhood.
FINDINGS OF FACT/CONCLUSION:
The Eskin PUD, Final, #48-95A is in substantial compliance with the Eskin PUD,
Preliminary #48-95 with the exception of the deleted landscape strip/shrub bed
along Harvard Street (see condition of approval #1).
2. The Eskin PUD, Final, #48-95A meets the applicable All Development Criteria of the
Land Development Guidance System;
3. The Eskin PUD, Final, #48-95A meets off-street parking requirements by providing
9 off-street parking spaces;
4. The Eskin PUD, Final, #48-95A is compatible with surrounding land uses.
RECOMMENDATION:
Staff recommends approval of the Eskin PUD, Final, #48-95A with the following conditions:
1. The landscape strip/shrub bed be added to the Final PUD Site/Landscape Plan
as was shown on the approved Eskin PUD, Preliminary, #48-95.
Eskin PUD, Final, #48-95A
May 19, 1997 P & Z Meeting
Page 3
Staff does not support the Eskins' request, and recommends approval of the Final PUD
with the condition that the landscape strip/shrub bed be added to the Final PUD
Site/Landscape Plan as was shown on the approved Preliminary PUD.
All Development Criteria:
This Final PUD request complies with all applicable All -Development Criteria of the LDGS.
3. Design:
Architecture:
No modifications will be made to the exterior of the existing structure.
Landscaping:
As previously stated, the Eskins' request to eliminate a proposed landscape strip/shrub bed
between the Harvard Street sidewalk and the first parking space which was shown on the
approved Preliminary PUD.
Attached is a letter from the Eskins regarding their request. The Eskins cite neighborhood
concerns regarding on -street parking as support for the elimination of the landscape
strip/shrub bed.
Staff does not support the Eskins' request. The landscape strip/shrub bed was shown on
the approved Preliminary PUD. During consideration of the Preliminary PUD, the Planning
and Zoning Board determined that adequate off-street parking for the proposed use will be
provided with three, legal off-street parking spaces on the east side of the existing structure
and the six off-street parking spaces on the west side of the structure (to be shared with
adjacent commercial uses). The landscape strip/shrub bed is needed to provide both a
physical and visual separation between the front yard parking lot and the public sidewalk
along Harvard Street.
Staff recommends a condition of Final PUD approval be that the landscape strip/shrub bed
be added to the Final PUD Site/Landscape Plan as was shown on the approved
Preliminary PUD.
Parking:
A total of 5 off-street parking spaces are required for the proposed use (1.75 parking
spaces for the two bedroom dwelling unit on the second floor and 3 parking spaces for the
chiropractic office). With the landscape strip/planting bed, a total of 9 off-street parking
Eskin PUD, Final, #48-95A
May 19, 1997 P & Z Meeting
Page 2
COMMENTS:
Background:
The surrounding zoning and land uses are as follows:
N: R-L; arterial street (E. Drake Road), existing single-family residential.
S: R-L; existing single-family residence with day care, existing single-family
residential.
W: C; existing commercial office, retail, and personal service (State Farm
Insurance, Leonard's Mid -Town Mail, B.F. Goodhair Hair Salon).
E: R-L; local street (Harvard), existing single-family residence with home occupation
(Laura's Hair Salon), existing single-family residential.
This property was annexed into the City as part of the Thunderbird Estates First
Annexation on May 18, 1961. The property was subdivided as part of the Thunderbird
Estates First Subdivision on June 8, 1961.
Since 1987, Avram and Belinda Eskin have resided on the second floor of this existing
single-family residence at 123 E. Drake Road with a home occupation (Dr. Eskin's
chiropractic office) on the first floor.
On January 8, 1996, the Planning and Zoning Board approved the Eskin PUD, Preliminary,
#48-95 by a vote of 6-0. In accordance with Ordinance No. 161, 1996, this Final PUD
application has be processed according to the requirements of the Land Development
Guidance System.
2. Land Use:
This is a request for Final Planned Unit Development (PUD) approval to allow a change
of use of an existing single-family residence with home occupation (chiropractic office) to
office (first floor) and residential (second floor) on .27 acres. No exterior alterations to the
existing building are proposed. The property is located at 123 E. Drake Road (southwest
corner of E. Drake and Harvard) and is zoned R-L, Low Density Residential.
Preliminary PUD:
On January 8, 1996, the Planning and Zoning Board approved the Eskin PUD, Preliminary,
#48-95 by a vote of 6-0. The Final PUD is in substantial compliance with the approved
Preliminary with one exception. The Eskins' request to eliminate a proposed landscape
strip/shrub bed between the Harvard Street sidewalk and the first parking space which was
shown on the approved Preliminary PUD.
I
ITEM NO. q
MEETING DATE
6iA
STAFF Mike I,1t1wi g
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Eskin PUD, Final, #48-95A.
APPLICANT: Avram and Belinda Eskin
123 E. Drake Road
Fort Collins, CO 80525
OWNER: Avram and Belinda Eskin
123 E. Drake Road
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request for Final Planned Unit Development (PUD) approval to allow a change
of use of an existing single-family residence with home occupation (chiropractic office) to
office (first floor) and residential (second floor) on .27 acres. No exterior alterations to the
existing building are proposed. The property is located at 123 E. Drake Road (southwest
corner of E. Drake and Harvard) and is zoned R-L, Low Density Residential.
RECOMMENDATION:
EXECUTIVE SUMMARY:
Approval with conditions.
This request for Final PUD approval:
• is in substantial compliance with &
exception of the deleted landscape
condition of approval #1).
Eskin PUD, Preliminary #48-95 with the
strip/shrub bed along Harvard Street (see
• meets the applicable All Development Criteria of the Land Development Guidance
System-,
• meets off-street parking requirements by providing 9 off-street parking spaces;
• is compatible with surrounding land uses.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O.Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT