HomeMy WebLinkAbout300 BLEVINS COURT BOARDING HOUSE - PDP - 46-05 - CORRESPONDENCE - CORRESPONDENCE-HEARING (3)Uolorado lode Publishing Company - Fort Collins Land Use Code - Article 5 Terms and Definitions Page 1
Family shall mean an individual living alone or any number of persons who are all related by blood, marriage
adoption, guardianship or other duly authorized custodial relationship, and who live together as a single
housekeeping unit and share common living, sleeping, cooking and eating facilities
http://www.colocode.com/fteollins/landuse/article5.htm 05/31/
Colorado Code Publishing Company - Fort Collins Land Use Code - Article 3 General Development Stan... Page
3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed
(A) Except as provided in subsection (B) below, or pursuant to a certificate of occupancy issued by tl
city to the owner of the property, the maximum occupancy allowed per dwelling unit in a single-fami
two-family or multi -family dwelling shall be:
(1) one (1) family as defined in Section 5.1.2 and not more than one (1) additional person; or
(2) two (2) adults and their dependents, if any, and not more than one (1) additional person.
(B) Exceptions. The following shall be exempt from the maximum occupancy limit established in
subsection (A) above:
(1) dwellings regularly inspected or licensed by the state or federal government, including bu
limited to group homes; and
(2) dwellings owned or operated by a nonprofit organization incorporated under the laws of tl
state for the purpose of providing housing to victims of domestic violence as such is defined i
Section 18-6-800.03, C.R.S.
(C) A violation of this Section shall be proven by a preponderance of the evidence. A person shall be
liable for allowing occupancy in excess of this Section if he or she knew, or through reasonable dilig,
should have known, that a violation of this Section was occurring.
(D) Definitions. The following works, terms and phrases, when used in this Section, shall have the
meanings ascribed to them below:
(1) Adult shall mean any person eighteen (18) years of age or older who is not a dependent.
(2) Dependent shall mean a person related to an adult occupying a dwelling unit by blood,
marriage, adoption, guardianship or other duly authorized custodial relationship who receive:
financial support from said adult and who resides with said adult in the dwelling unit at least
(3) calendar months in a calendar year.
(3) Occupancy or 'occupy" shall mean the use of a dwelling unit or portion thereof for living,
sleeping and cooking or eating purposes. Indicia of occupancy may include, without limitatio
use of a dwelling unit as an address for any purpose, living in a dwelling unit under an implie
lease or express agreement, overnight use of a dwelling unit for thirty (30) days in a calendar
or maintaining clothes or other daily living supplies at a dwelling unit.
(E) Increasing the Occupancy Linxit
(1) With respect to single-family and two-family dwellings, the number of persons allowed w
this Section may be increase by the issuance of a certificate of occupancy for use as an extra
occupancy rental house in zones allowing such use. ,
(2) With respect to multiple -family dwellings, the decision maker (depending on the type of
review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon
finding that all applicable criteria of this Land Use Code have been satisfied, increase the nun
of unrelated persons who may reside in individual dwelling units. The decision maker shall n
increase said number unless satisfied that that the applicant has provided such additional open
space, recreational areas, parking areas and public facilities as are necessary to adequately ser
the occupants of the development and to protect the adjacent neighborhood.
http://www.colocode.com/ftcollins/landuse/article3.htm 05/31,
Community Planning and Environmental Services
Current Planning
City of Fort Collins
May 31, 2007
James Swanstrom
400 Cormorant Court
Fort Collins, CO 80525
RE: Extra Occupancy Rental Houses
Dear Mr. Swanstrom,
The City of Fort Collins issued approval for your Project Development Plans
(PDP) in December 2006 for six extra -occupancy rental houses (a.k.a. boarding
houses) located at 300 and 600 Blevins Court, 605 West Lake Street, 604, 620
and 638 West Prospect Road.
As you may remember, this PDP approval is one step in the development review
process, and the final certificates of occupancy for the extra -occupancy rental
houses have not been issued. This letter is a reminder that you must submit
Final Development Plans to be reviewed by City staff and then those plans must
be recorded before any building permits or certificates of occupancy can be
issued and the boarding houses can operate legally.
Please also be advised that until such time that a certificate of occupancy is
issued, the homes at the above addresses can be occupied only in compliance
with the occupancy limits stated in Section 3.8.16 of the Fort Collins Land Use
Code. We are enclosing a copy of those regulations for reference.
If you have any questions about the development review process please do not
hesitate to contact us.
Sincerely,
*5
Steve Olt
City Planner
Enclosures.
(%lbq&W'V-
Shelby Sommer
Associate Planner
Peter Barnes
Zoning Administrator
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020