HomeMy WebLinkAboutBachus and Schanker Law Office Building - FDP200031 - - MODIFICATION REQUESTFebruary 2, 2021
Planning & Zoning Administrative Hearing Officer
c/o City of Fort Collins
Current Planning Department
281 North College Ave.
Fort Collins, CO 80524
Re: Bachus & Schanker Law Office Building, FDP200031 - Modification of Standard Request
On behalf of the Applicant, Bachus & Schanker, JR Planners & Engineers respectfully request
that you consider the proposed Modification of Standards to Section 3.2.5.(C3) of the City of
Fort Collins Land Use Code.
Development Proposal & Background
The Bachus & Schanker Law Office Building is proposed to be located on the southeast corner
of East Drake Road and Illinois Drive within the Warren Federal Credit Union – East Drake Road
Subdivision. The development proposes to subdivide the existing Lot 1 of the Warren Federal
Credit Union – East Drake Subdivision into two new lots. The proposed Lot 1 being
approximately 7,095 square feet in size will be for the neighborhood offices of Bachus &
Schanker Law, Lot 2 is approximately 3,634 square feet and is intended for a future Commercial
Land Use which has not yet been determined. Lots 1 & 2 are Zoned NC – Neighborhood
Commercial. When completed the Bachus & Schanker project will embody the character and
vision of City Plan for the Neighborhood Commercial Zone District and for high-quality Mixed
Use Development. The Bachus & Schanker Law Office and future Lot 2 development represent
one of the final remaining infill parcels within the Rigden Farm Neighborhood thus further
fulfilling the City’s Planning goals for a Mixed Use Neighborhood offering a place to Live, Work,
Shop and Play for a broad and diverse community.
Modification of Standard Request to Section 3.2.5(C3) –Trash and Recycling Enclosure:
Land Use Code Language: Section 3.2.5 (C3) - General Standards
(3) Development plans must include labeled drawings of all proposed enclosures, internal
trash and recycling rooms, staging areas and the like and include all proposed
dumpsters, containers, bins and other receptacles and label the capacity of each.
Proposed recycling capacity must be at least fifty (50) percent of the proposed trash
capacity.
Existing Conditions and Need for Modification: The existing Trash & Recycling Enclosure was
approved and constructed in 2016 based on the required development standards in place at
that time, however it has been determined by the City that the existing Trash & Recycling
Enclosure does not meet the current standards as set forth in 3.2.5(C3) as it related to the
recycling capacity being at least fifty (50) percent of the proposed trash capacity. Additionally
the current trash enclosure cannot be properly modified in order to meet this new standard
without reducing the capacity needed for trash as there is simply not adequate dimensional
space within the current trash enclosure to properly accommodate equal capacity for both
trash and recycling materials without greatly reducing the capacity for trash which is currently
operating adequately as originally designed in 2016.
Justification for Modification Request
The modification requested presented is in accordance with the review procedures set forth in
Section 2.8.2(H) of the Land Use Code states as follows: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 the decisions makers must also find that the
Modification meets one of the following four criteria as described in the Land Use Code.
The applicant respectfully presents that the proposed development meets the following criteria
for approval of the Modification of Standard and the case presented below demonstrates that
approval of the Modification would not be detrimental to the public good.
Criteria #1
(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;
Criteria #1 is Applicable as follows:
The Law Office of Bachus and Schanker have a strict policy that requires that all paper and
documents generated by the company that are to be disposed must first be shredded by an
outside Legal Document Shredding Service. All Paper that is designated for disposal will be
collected and stored in a secured area of the building prior to being shredding by an outside
shredding service. On a weekly or bi-weekly basis, depending on volume of material
collected the Document Shredding Service will arrive and shred all paper and documents on-
site under the supervision of a Bachus & Schanker representative. After the shredding is
complete the shredded material will then be hauled off-site by the Document Shredding
Service provider to be recycled. No recyclable paper from the Bachus and Schanker Office
will be placed into the existing trash enclosure recycling containers located on site and only a
very minimal amount of trash and recycling generated by Bachus & Schanker will be
disposed in the existing trash and recycling containers on-site.
Therefore the applicant believes that the process of on-site paper shredding, removal and
recycling performed on a weekly or bi-weekly basis will ensure that the existing Trash
Enclosure and the existing Trash and Recycling Containers as originally designed and installed
in 2016 will remain adequate for the existing and future businesses located within the Warren
Federal Credit Union development and thus no modifications to either the trash enclosure or
its trash and recycling collection containers will be required by the proposed development
subject to the approval of this requested Modification of Standard.
Criteria #2
(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;
Criteria #2 is Not Applicable
Criteria #3
(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;
Criteria #3 is Not Applicable
Criteria #4
(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.
Criteria #3 is Not Applicable
We appreciate your thoughtful consideration of this proposed Modification of Standard and
look forward to your favorable response.
Sincerely,
Ken Merritt, RLA, APA
Director of Planning
JR Engineering