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HomeMy WebLinkAboutTHE ORCHARD AT CLARENDON HILLS SUBDIVISION - FINAL - 47-89C - - LUC REQUIREMENTSDeveloy"nt Services Planning City of Fort Collins September 27, 1990 Mr. Gary Nordick Clarendon Hills General Partner 309 West Harmony Road Fort Collins, CO. 80526 Dear Mr. Nordick: This letter is to serve as a follow up to our correspondence dated September 10, 1990 in which the Planning Department provided notification of a fence that is not in compliance with the approved utility plans on Lots 20 and 21 of Orchard at Clarendon Hills subdivision. It is our understanding that, as of this writing, this situation has not been remedied. The i ance in question is a six foot solid wood fence that abuts the property line with Applewood Estates subdivision. The approved utility plans call for a three pole, split rail fence to be constructed along the Orchard southern boundary. Since the three pole, split rail fence is part of the approved plans, the Planning Department expected this type of fence to be constructed. According to the Development Agreement, Section 3, Subparagraph E, dated April 2, 1990: "The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat and related documents, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to ensure performance hereof." Since the three pole, split rail fence is indicated on sheet nine of the approved utility plans, and since this type of fence was indicated in a separate letter addressed to the Planning and Zoning Board (March 26, 1990), the Planning Department considers this type of fence to be an improvement shown on the related documents that accompany the original plat. As such, any fence other than a three pole, split rail type is considered to be in violation of the approved plans. With the fence in violation, and this letter being the second notice of such violation, the Planning Department will expect the offending fence to be replaced by the approved fence prior to a request for building permit. 281 North College Avenue • P.O. Box �,';0 • Fort Collins, CO 80522-0-380 • (303) 221-6750 4 Nordick Letter 9/27/90 — Page 2 The nature of the type of fence is one of neighborhood compatibility. Consequently, any request to amend the approved fence must be considered by the Planning and Zoning Board. If it is your intention to place an amendment request before the Planning and Zoning Board, then the City must receive written documentation prior to Friday, October 5, 1990, for the October 22, 1990 regular public meeting. If you have any questions or concerns, please contact the Planning Department at your earliest convenience. Sincerely, Ted Shepard Project Planner xc: Mike Herzig, Development Engineer Paul Eckman, Deputy City Attorney Peter Barnes, Zoning Administrator Sherry Albertson -Clark, Senior Planner Mark Schultheiss, 215 W. Oak. St. #602, Ft. Collins, CO. 80521 Bill Wyatt, 222 West Magnolia, Ft. Collins, CO. 80521 September 10, 1990 Mr. Gary Nordic Clarendon Hills, General. Partner 309 West Harmony Road Fort Collins, CO. 80526 Dear Mr. Nordic: The Planning_ Department has been advised that on Lots 20 and 21 of the Orchard at Clarendon Hills subdivision a six foot solid fence has been . constructed along the southerly property line that borders the Applewood Estates subdivision, -These two lots are also known as 5206 and 5200 Abbey' Road. The construction of this type of fence is contrary to 3-rail tongue and• socket fence that was specified in your letter to Mr. Kenneth Klopfenstein, President, Applewood Estates Homeowners Association, dated March 26, 1990. This letter was provided to the Planning Department and forwarded to the Fort Collins Planning and Zoning Board and made part of the public record at their regular meeting of March 26, 1990. A copy of this letter is enclosed. In addition, on sheet 9 of 9 of the approved Utility Plans, a note on the landscape plan indicates that: "3 pole fence along south property line provided by developer". This sheet is on record with the City Engineering Department. The Planning Department is concerned that the improvements, associated with the subdivision do not match the specifications on the approved plan. In order to resolve this discrepancy and to satisfy the approved plans, the existing six foot solid fence should be removed and replaced with the 3-rail tongue and socket fence along the southerly property . line. If it is vour desire to retain the six foot solid fence, then the approved plans must be amended to reflect the change in fence style. Such an amendment would be forwarded to the Planning and Zoning Board for formal review since the split rail fence was approved as a condition of the subdivision iniprovenicnts. It is our hope that a reasonable solution may be found and that a rehearing with the Planning and Zoning Board is not necessary. The Planning Department is willing, if necessary, to facilitate a meeting with all the affected parties to explore possible options. Please contact the Planning Department at your: earliest convenience to discuss this matter in detail. Sincerely: 7-e-Z Ted Shepard, Project Planner cc: Mr. Mike Herzig, Development Engineer Mr. Paul Eckman, Deputy City Attorney Mr. Peter Barnes, Zoning Administrator Sherry Albertson -Clark, Senior Planner Mr. Mark Schultheiss, 215 West Oak Street, Suite 602, Fort Collins,_ CO. 80521 Mr. Bill Wyatt, 222 West Magnolia, Fort Collins, CO. 80521 1.1 Enc. Clarendon March 26, 1990 Applewood Estates Homeowners Assoc. Attn: Kenneth Klopfenstein, President 5306 Fossil Creek Drive Fort Collins, CO 80526 Dear Ken: As per our telephone conversation of 3/25/90, please accept this letter as written assurance that Clarendon Hills Development will install a 3-rail tongue and socket fence along the south side of the "Orchard", separating the orchard property from the Applewood bridal path. We will begin construction on the fence once the irrigation system is complete and should complete the fence by June 1., 1990. ndon Hills Development ary Nordick General Partner 309 West Harmony Road o Fort Collins, Colorado 80526 • 301226-2266 Another quality development of Nordic Homes