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HomeMy WebLinkAboutSTONER SUBDIVISION - PDP - PDP130005 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTFebruary 13, 2013 Stoner Subdivision Project Development Plan Modification Request for Section 4.7(F)(7) Subdivision of Existing Lots Modification Description: This is a request for Modification to Standard contained in Section 4.7(F)(7) of the City of Fort Collins Land Use Code which pertains to the subdivision of existing lots. Modification to this standard will allow the subdivision of an existing lot in such a manner to create a new lot in the rear portion of the existing lot. Land Use Code Standard: Section 4.7(F)(7) Subdividing of Existing Lots. No existing lot may be further subdivided in such manner as to create a new lot in the rear portion of the existing lot. Land Use Code Modification Criteria (Section 2.8.2): “The decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (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 (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 (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 (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. Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2), (3) or (4). Stone Subdivision Modification Request – Subdivision of Existing Lot 2 | Page Supporting Findings: This request for approval of Modification to Standard complies with the standards per Review Criteria 2.8.2(H) in that it would not be detrimental to the public good and that it meets the additional criteria set forth in Standards (1) and (4) in the following ways: Criteria (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 Supporting Findings: Our project is situated on a corner lot that is bordered on two sides by public streets, and by an alley on the third side. This allows for the proposed single family home to be oriented so that it aligns with the already established public frontage of Magnolia Street. This orientation allows for direct access to the public sidewalk and roadway. The orientation and setback replicate those of adjoining homes, further enhancing the integration of the project with the existing neighborhood. Access for city and utility personnel is preserved, and the collection of trash and recyclables is easily integrated with the surrounding homes. Most importantly, clear and effective addressing of the home can be achieved, meeting the critical needs of our first responders. Criteria (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 Supporting Findings: When viewed from the perspective of the entire development plan, this modification should be considered nominal and inconsequential. Currently, the project is comprised of two lots abutting Wayne Street. Our project seeks to reorient these lots in a manner that results in both lots with a frontage on Magnolia Street instead. This results in a new lot that is able to accommodate a new home that meets the goals set forth in Section 1.2.2 of the Land Use Code as follows.