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Home My WebLink AboutLANDMARK APARTMENTS EXPANSION - PDP - PDP120031 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTPage 1 of 4 CDN#2594A-009 City of Fort Collins Current Planning c/o Jason Holland, City Planner 281 N. College Avenue Fort Collins, CO. 80524 February 27, 2013 Landmark Apartment Expansion – Request for Division 2.8 Modification of Standard, Development Review Staff, Please accept this letter as our Request for Modification of Standard to; 3.8.30 Multi-Family Dwelling Development Standards (F) Design Standards for Multi-Family Dwellings. (1) Orientation and Setbacks. Setbacks from the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. The granting of this modification of standards will NOT impact the public good in any means. The justifications for the request are listed below. (1) 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; or Request: We respectfully request to reduce the property line setback from 25’ to 13’-3” at the north corner and 12’-7” at the south corner of Building ‘M’ as shown on the site plan. Please refer to sheets L1.01 and L2.01. Justification: This proposed site design is equal to or better than following the setback standard stated above on several factors. While we can design the site to meet the 25’ setback that is a much less desirable solution. Page 2 of 4 Firstly, if the 25’ setback is enforced, it creates an undue injury to the land owner of the subject property, penalizing them for being the first in the development process. The property to the immediate west along the northern half of the property is zoned MMN, the same as the subject property. While there is a temporary use of the structure as a duplex housing unit, the properties highest and greatest use will be to develop it into a higher density residential development. The injury occurs if the subject property must follow the 25’ setback, while the neighboring property will only have to follow a 5’ setback, since there will be a multifamily project next door. This standard condemns 20’ of the subject property with this standard. Secondly, if the 25’ setback is followed, a less desirable outcome for the overall community will be the result. Yes the site design can accommodate moving the building 25’ off the property line. If this is done, then the parking lot will move to within 5’ – 8’ of the east property line, losing the enhanced landscape buffer that the proposed plan includes. In the current plan there is approximately 20’- 9” of landscape buffer as opposed to the 5’ – 8’ of landscape buffer in the alternative site plan. Lastly, building ‘M’ is situated on the site so that its north façade is closely aligned with the rear façade of the duplex. Therefore it sits back from the street 51’-5”, not visually impacting the duplex unit or creating a shading impact. While being a taller building, the finish floor of the ground floor is approximately 6’ – 7’ below that of the duplex unit. While the proposed landscape plan is showing several new trees in the northwest corner of building ‘M’, the existing trees create a strong vegetative physical and visual buffer between the two structures. (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or Page 3 of 4 (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or Request: We respectfully request to reduce the property line setback from 25’ to 13’-3” at the north corner and 12’-7” at the south corner of Building ‘M’ as shown on the site plan. Please refer to sheets L1.01 and L2.01. Justification: By granting the requested setback reduction, the project can more closely fulfill the intent of City Plan, by furthering Division 3.7 Compact Urban Growth Standards. The standard states in 3.7.1; (A) Purpose. The city has adopted a compact urban growth policy that will encourage and direct development to take place within areas contiguous to existing development in the community. Such a policy will accomplish several goals, including: (1) improving air quality by reducing vehicle miles traveled and by encouraging mass transit and alternatives to the private automobile; (2) preserving natural areas and features, particularly in the periphery of the city; (3) making possible the efficient use of existing infrastructure and cost-effective extensions of new services; (4) encouraging infill development and reinvestment in built-up areas of the city; (5) promoting physical separation from neighboring communities to help each maintain its individual identity and character. Page 4 of 4 The project is the expansion of the existing Landmark Apartment Complex immediately adjoining the subject property and fully implements the City’s goal on compact urban development. (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Request: We respectfully request to reduce the property line setback from 25’ to 13’-3” at the north corner and 12’-7” at the south corner of Building ‘M’ as shown on the site plan. Please refer to sheets L1.01 and L2.01. Justification: Since the property to the east is zoned ‘RL’ and is the ‘backyard’ of a Historic District, a hardship is implied onto the ‘RL’ zoned property by forcing the less desirable alternative site plan to move forward. The setbacks requested still allows the intent of the Land use Code to be applied between the MMN and RL zoned properties. Thank you for your review of the Landmark Apartment Expansion Request of Modification to Standards. Sincerely, Michael Chalona, LEED AP BD+C Design Manager CLARB Certified Landscape Architect (Licensed in CA, CO, GA, TX, WY)