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HomeMy WebLinkAbout10581RESOLUTION NO. 10581 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT REQUIRED BY ZBA CASE 057 -2005, 1401 WEST 4 STREET FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT OF- WAYALONG CORONAAVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 A revocable permit be issued to Richard K. and Brenda L. Boardman 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 Corona Avenue, Pueblo, Colorado, legally described as Lots 36, 37, 38 and 39, Block "F", Moore & Carlile's re- subdivision of Oak-field Park and Part of Corona Park, in the former Town of South Pueblo, now part of the 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: 3. Landscape the public right of way between property and back of curb and gutter except for the vehicle access along Corona Avenue. 4. 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 4 s BY Michael Occhiato Councilperson T �Q Azw_' w5k� Background Paper for Proposed RESOLUTION AGENDA ITEM # - J DATE: DECEMBER 12, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT REQUIRED BY ZBA CASE 057 -2005, 1401 WEST 4 STREET FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT OF -WAY ALONG CORONA ISSUE Shall City Council authorize the issuance of a revocable permit required by ZBA Case No. 057 -2005, 1401 West 4"' Street for the installation and maintenance of landscaping in the public right -of -way along Corona Avenue? Approve the Resolution. BACKGROUND Richard K. and Brenda L. Boardman, owners of the property located at 1401 West 4`" Street have 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 Corona 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: 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, 057 -2005, which will allow car sales display. Corona 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 Corona 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.