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
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BY Michael Occhiato
Councilperson
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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.