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File #: CPC AP 20-00147    Version: Name: Carport - 4795 Nolte Dr N
Type: Planning Case Status: Withdrawn
File created: 10/29/2020 In control: City Council
On agenda: 9/14/2021 Final action: 9/14/2021
Title: Acknowledgment of a withdrawal of an appeal of the Planning Commission's decision to uphold a Notice and Order to Abate for violation of a carport in the 25-foot front yard setback located at 4975 North Nolte Drive 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
Attachments: 1. Appeal to CC_Application and Justification, 2. CPC Staff Report_4975 N NOLTE, 3. Figure 1 - Appeal Statement, 4. Figure 2, 5. Figure 3 4975 Nolte Courtesy letter, 6. Figure 4, 7. Figure 5 4975 Nolte Notice and Order, 8. Figure 6, 9. 7.5.906 (B) Appeal, 10. 7.5.906 (A)(4) Administrative Appeal.docx, 11. 7.5.1007 Appeals
Related files: CPC AP 20-00146

Title
Acknowledgment of a withdrawal of an appeal of the Planning Commission's decision to uphold a Notice and Order to Abate for violation of a carport in the 25-foot front yard setback located at 4975 North Nolte Drive

Quasi-Judicial

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

Body
Summary:
Owner: GAYTON DENNIS A, COOK COLETTE C
Appellant: GAYTON DENNIS A, COOK COLETTE C
Location: 4975 NORTH NOLTE DRIVE

Update:
Ms. Cook was granted a reasonable accommodation for the carport as constructed and currently located on her property at 4975 North Nolte Drive. This accommodation was granted pursuant to provisions under the purview of the American with Disabilities Act. The accommodation was issued by Mr. Robert Hernandez, City of Colorado Springs Title II ADA Manager and shall be in full force and effect until the property is no longer owned by Ms. Cook or the accommodation is no longer necessary.

Granting the ADA accommodation for the carport resolved the Notice and Order to Abate and the appeal is no longer necessary. The acknowledgment of the withdrawal of the appeal is to officially close-out the item off the City Council agenda.

Below is a background information regarding this issue.

Background:
An appeal application was initially filed to appeal 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.

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 l...

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