City of Colorado Springs - File #: CPC AP 20-00146

• File #: CPC AP 20-00146
• Version: 2
• Name: Carport - 930 Nolte Dr W
• Type: Planning Case
• Status: Withdrawn
• File created: 10/29/2020
• In control: City Council
• On agenda: 2/22/2022
• Final action: 2/22/2022
• Title: Withdraw an appeal of the Planning Commission's decision to uphold the Notice and Order to Abate for violation of a carport in the 25-foot front yard setback located at 930 Nolte Drive W. City Code has subsequently changed therefore the City is not pursuing enforcement action under the old code rendering this appeal moot. Quasi-Judicial Presenter: Kurt Arnoldussen, Senior Code Enforcement Officer, Planning and Community Development Peter Wysocki, Director of Planning and Community Development
• Indexes: Appeals, Code Enforcement
• Related files: CPC AP 20-00147

Date	Ver.	Action By	Action	Result
2/22/2022	2	City Council	withdrawn	Pass
1/11/2022	2	City Council	postpone to a date certain	Pass
9/14/2021	2	City Council	postpone to a date certain	Pass
7/13/2021	2	City Council	postpone to a date certain	Pass
1/12/2021	2	City Council	postpone to a date certain	Pass
11/19/2020	1	Planning Commission	approved	Pass

Title
Withdraw an appeal of the Planning Commission's decision to uphold the Notice and Order to Abate for violation of a carport in the 25-foot front yard setback located at 930 Nolte Drive W. City Code has subsequently changed therefore the City is not pursuing enforcement action under the old code rendering this appeal moot.

Quasi-Judicial

Presenter:
Kurt Arnoldussen, Senior Code Enforcement Officer, Planning and Community Development
Peter Wysocki, Director of Planning and Community Development

Body
Summary:
Owner: GALLAGHER ROBERT R
Appellant: GALLAGHER ROBERT R
Location: 930 WEST NOLTE DR.
The application is an appeal of the City Planning Commission's decision to uphold the Notice and Order to Abate for violation of a carport (Accessory Structure) within the 25-foot front yard setback. The property is zoned PUD. Pursuant to the Development Plan the front yard setback is 18 and 25-feet. In addition, Section 7.3.105(A)(1)(a) indicates that accessory structures are not permitted within the front setback, regardless of size or height.

7.2.201. ACCESSORY STRUCTURE: A structure that is located on the same lot and detached and separate from the principal building. Accessory structures shall be incidental to the principal structure and devoted exclusively to an accessory use. Examples of accessory structures may include, but are not limited to: garages, carports, sheds, storage buildings, play structures, gazebos, arbors, greenhouses, barns, saunas, and other similar buildings. Fences and walls that exceed six feet (6') in height are considered accessory structures.

Background:
On September 25, 2020, an anonymous complaint ("a car port in drive way that is not allowed in colorado city limits. needs to be removed") was made about a carport located within the front setback, on Nolte Dr. After inspection and confirming that the location of the carport was a violation of both City of Colorado Springs Zoning Code Section 7.3.104, which outlines re...