HomeMy WebLinkAbout10580RESOLUTION NO. 10580
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT REQUIRED BY
ZBA CASE 056 -2005, 2201 WEST NORTHERN AVENUE FOR INSTALLATION AND
MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT OF -WAY ALONG BROWN AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
A revocable permit be issued to Warren W. Watts in conformance with the application
dated December 12, 2005, a copy of which is attached and made a part hereof by reference to
install landscaping in the public right -of -way along Brown Avenue, Pueblo, Colorado, legally
described as Lots 21, 22, 23, and 24, Block 1, Eiffel Place Subdivision, City of Pueblo, County of
Pueblo, State of Colorado.
SECTION 2
With the recommendations of the Department of Community Development, the designated
review agency, this revocable permit is approved with the following conditions:
1. Landscape the public right of way between property and back of curb and gutter
except for the vehicle access along Brown Avenue.
2. Issuance of the Revocable Permit is contingent upon the applicant submitting a
revised landscape plan that meets the City's Landscaping Ordinance.
SECTION 3
The revocable permit, hereby granted, may be revoked by resolution of the City Council at
anytime hereafter without notice.
INTRODUCED December 12, 2005
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BY Michael Occhiato
Councilperson
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Background Paper for Proposed
RESOLUTION
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AGENDA ITEM # (o
DATE: DECEMBER 12, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
REQUIRED BY ZBA CASE 056 -2005, 2201 WEST NORTHERN AVENUE FOR
INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT
OF -WAY ALONG BROWN AVENUE
ISSUE
Shall City Council authorize the issuance of a revocable permit required by ZBA Case
No. 056 -2005, 2201 West Northern Avenue for the installation and maintenance of
landscaping in the public right -of -way along Brown Avenue?
Approve the Resolution.
BACKGROUND
Warren W. Watts, owner of the property located at 2201 West Northern Avenue has
requested a revocable permit for the use of public right -of -way to satisfy all or part of
the Landscape Performance Standards. The applicant will install and maintain the
required landscaping between the curb and the property boundary in the public right -
of -way along Brown Avenue.
The City Landscape Ordinance (Section 17 -4 -7) allows:
On such sites where landscaping of the public right -of -way would comply with the
general intent of this section, the transfer of the area requirements, or a portion thereof,
from within the property line to the public right -of -way may be approved by the
designated Review Agency; provided that a) The area measurement...; b) The
general planning...; and
c) Execution of a revocable permit between the City and the Owner for the use of right -
of -way for the purpose of the landscaping, with the owner accepting full financial
responsibility for all costs for the movement, replacement and relocation of the
landscape setback should such permit be revoked by the City.
The existing policy of the Department of Community Development, the designated
Review Agency, is to only recommend Revocable Permits for the following conditions:
1. Only for existing buildings and in some cases for additions. In cases with infill
lots with new construction, a minimum of 50% of the landscape requirement
shall be on property with the issuance of a landscape variance and the entire
public right of way shall be landscaped at a minimum of ten feet depth.
2. Only along streets with a classification of collector or local and where there is a
low probability of the street requiring future widening.
3. Only when the request does not alter the continuity of the streetscape,
landscape design, and /or neighborhood character.
4. The applicant provides a compelling reason of hardship in combination with
one of the above conditions.
The Owner's reason for this request is due to the requirements of the Special Use
Permit, 056 -2005, which will allow car sales display. Brown Avenue is classified as a
local street. Landscaping the right of way would be an enhancement to the
streetscape and neighborhood character. The revocable permit would allow for the
required landscaping to be installed and maintained on the public right of way.
The Department of Community Development, the designated Review Agency,
recommends the following:
1. Landscape the public right -of -way between property and back of curb and
gutter, except for the vehicle access along Brown Avenue.
2. Issuance of the Revocable Permit is contingent upon the applicant submitting a
revised landscape plan that meets the City's Landscaping Ordinance.
FINANCIAL IMPACT
No financial impact.