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Home My WebLink AboutUNION PLACE/REVIVE - COMBINED MJA/FDP - FDP140032 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST3115 CLYDE ST. FORT COLLINS, COLORADO 80524 | 970.484.8433 | www.gregdfisherarchitect.com December 4, 2014 Modification Request - Minimum Required Building Setbacks Block 4 Union Place Modification Description: This is a Modification Request to Section 3.5.2(E)(2), which addresses the requirement for a fifteen foot (15’) setback from a nonarterial street. x Modification to this standard to permit: a setback of nine feet (9’). Project & Issue Description: Union Place is a unique green community of residential, mixed use and commercial uses. Homes within the development will be built to U.S. Department of Energy (DOE) Zero Energy Ready Home standards. They will be high performance, generating energy by geothermal and solar panel systems and will be of a mix of traditional and progressive architectural styles. Within Union Place there are three blocks of townhomes. The Modification of Standards request pertains to one block of such townhomes. That being Block 4. The townhomes located on the other two blocks do not encroach upon any setbacks. Furthermore, even on Block 4, the primary structures do not encroach upon the setback. The requested reduced setback is simply to accommodate low privacy walls which are attached to the primary structure and provide privacy separation between townhome units. This is represented in the following images. Modification of Standards Request – Minimum Required Building Setbacks Block 4 Union Place 12/4/2014 Page 2 3115 CLYDE ST. | FORT COLLINS, COLORADO 80524 | 970.484.8433 | www.gregdfisherarchitect.com Land Use Code Standard: Section 3.5.2(E)(2) states: Setback from Nonarterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be fifteen (15) feet from any public street right-of-way other than an arterial street right-of-way, except for those buildings regulated by Section 3.8.30 of this Code, which buildings must comply with the setback regulations set forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet. Land Use Code Modification Criteria: “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 Modification of Standards Request – Minimum Required Building Setbacks Block 4 Union Place 12/4/2014 Page 3 3115 CLYDE ST. | FORT COLLINS, COLORADO 80524 | 970.484.8433 | www.gregdfisherarchitect.com 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). Modification Criteria, Supporting Findings: This request of approval for this modification complies with the standards per Review Criteria 2.8.2(H)(1) through (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: x This application proposes no setback modification for the primary buildings. The reduced setbacks are simply for low privacy walls which are attached to the primary buildings. The walls are approximately seven feet (7’) tall and do not result in a lot pattern or streetscape that is detrimental to the surrounding neighborhood. Criteria (2): Not applicable Criteria (3): Not Applicable Modification of Standards Request – Minimum Required Building Setbacks Block 4 Union Place 12/4/2014 Page 4 3115 CLYDE ST. | FORT COLLINS, COLORADO 80524 | 970.484.8433 | www.gregdfisherarchitect.com 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: x The modification requests a six foot (6’) reduction in the nonarterial street setback. Fifteen feet (15’) is the standard. As stated above, the reduced setbacks are simply for low privacy walls which are attached to the primary buildings. The walls are approximately seven feet (7’) tall and actually only encroach three feet (3’) into the prescribed setback. The greater reduction of six feet (6’) was recommended by City staff to match an existing nine foot (9’) utility easement. Since the primary buildings themselves do not encroach into the typical setback and because the privacy walls are relatively low (seven feet – 7’) and thus inconsequential, the resulting setback will provide adequate visual separation and relief from the street. x The modification is nominal when compared to the entire development plan that provides high quality, high performing architecture that is sensitive to the character of the surrounding neighborhood, and as such is consistent with the policies of the Land Use Code described in Section 1.2.2 as follows: (B) Encouraging innovations in land development and renewal. (H) Reducing energy consumption and demand. (J) Improving the design, quality and character of new development. (L) Encouraging the development of vacant properties within established areas. (M) Ensuring that development proposals are sensitive to the character of existing neighborhoods. (O) Encouraging a wide variety of housing opportunities at various densities that are well-served by public transportation for people of all ages and abilities.