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Community Planning and Development Planning Services
201 W. Colfax Ave., Dept. 205 Denver, CO 80202
p: 720.865.2915 f: 720.865.3052
www.denvergov.org/CPD TO: Denver Planning Board FROM: Francisca Penafiel, Associate City Planner DATE: June 3, 2020 RE: Official Zoning Map Amendment Application #2019I-00226 Staff Report and Recommendation Based on the criteria for review in the Denver Zoning Code, Staff recommends approval for Application #2019I-00226. Request for Rezoning Address: 755 Lafayette Street Neighborhood/Council District: Country Club / Council District 10 RNOs: Neighbors for Greater Capitol Hill, 7th Avenue Neighborhood
Association, Friends & Neighbors for Cheesman Park, Capitol Hill United Neighborhoods, Inc, Association, Inter-Neighborhood cooperation (INC)
Area of Property: 6,250 square feet or 0.14 acres Current Zoning: U-SU-C Proposed Zoning: U-SU-C1 Property Owner(s): Ross and Diane Murphy Owner Representative: Alex Orkow Summary of Rezoning Request
• The subject property contains a single-unit dwelling built in 1904 and is located southwest from Cheesman Park, between 8th and 7th Avenues along North Lafayette Street.
• The property owner is proposing to rezone the property to build an accessory dwelling unit. • The proposed U-SU-C1, Urban, Single-Unit, C1 (5,500 square feet minimum zone lot size
allowing accessory dwelling units (ADUs)), zone district is intended for use in the Urban Neighborhood Context which is characterized by single-unit and two-unit uses. Single-unit residential uses are typically located along local and arterial streets and structures are usually the Urban House building form. The maximum height of the Urban House building form is 30 to 35 feet for the front 65% of the zone lot, 17 to 19 feet in the rear 35% of the zone lot. The Detached Accessory Dwelling Unit form can be a maximum height of 24 feet. Further details of the requested zone district can be found in the proposed zone district section of the staff report (below) and in Article 5 of the Denver Zoning Code (DZC).
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 2 City Location
Neighborhood Location – Country Club
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 3
1. Existing Context
The subject property is in the Country Club statistical neighborhood, which is characterized primarily by single-unit residential uses and then transitioning to more two-unit and multi-unit uses closer to the north in Cheesman Park and Capitol Hill. Generally, there is a pattern of rectangular blocks in a street grid pattern with alley access. The subject site is mid-block between 8th Avenue and 7th Avenue. The following table summarizes the existing context proximate to the subject site:
Existing Zoning Existing Land Use Existing Building
Form/Scale Existing Block, Lot, Street Pattern
Site U-SU-C Single-unit Residential 2 -story Residence Generally regular grid
of streets; Block sizes and shapes are consistent and rectangular. Detached sidewalks with tree lawns and existing alleys. Garages and on-street vehicle parking.
North U-SU-C Row House 2-story Residence
South U-SU-C Single-unit Residential 1 1/2-story Residence
East U-SU-C Single-unit Residential 2-story Residence
West U-SU-C Single-unit Residential 2 1/2-story Residence
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 4
2. Existing Zoning
The U-SU-C zone district is a single-unit district allowing only the Urban House primary building form on a minimum zone lot of 5,500 square feet. The maximum allowed height is 2.5 stories or 30 to 35 feet in the front 65% of the zone lot, 1 story and 17 feet to 19 feet in the rear 35% of the zone lot. It allows two accessory structure forms: Detached Garage and Other Detached Accessory Structure with a maximum height of 15 to 17 feet. The intent of the district is to promote and protect residential neighborhoods within the character of the Urban Neighborhood Context.
Urban (U) Neighborhood Context Zone District
Building Forms
Subu
rban
Ho
use
Urba
n Ho
use
Dupl
ex
Tand
em
Hous
e
Row
Hou
se
Gar
den
Cour
t
Tow
n Ho
use
Apar
tmen
t
Driv
e Th
ru
Serv
ices
Driv
e Th
ru
Rest
aura
nt
Gen
eral
Shop
front
Max Number of Primary Structures Per Zone Lot 1* 1* 1* 2 No Maximum
Single Unit (SU)
U-SU-C ▀
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 5
3. Existing Land Use Map
4. Existing Building Form and Scale
Aerial view of the site, looking north.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 6
View of property looking west.
View of the property to the north, looking west.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 7
View of the property to the west, looking east.
View of the property to the south, looking west.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 8
5. Historic Landmark District The site is located within the East Seventh Avenue historic district. Staff, in coordination with the Landmark Preservation Commission, perform design review for all projects that require building permits for properties locally designated as historic landmarks or inside locally designated historic districts. Design review ensures that these projects preserve the properties’ key historic character-defining features and qualities. If the site is rezoned and an ADU is proposed it would be subject to review by the Landmark Preservation Commission. Proposed Zoning The U-SU-C1 is a single unit zone district with a minimum zone lot of 5,500 square feet that allows only an Urban House primary building form. A variety of residential and civic uses are permitted as primary uses in the U-SU-C1 district. Compared to the U-SU-C district, U-SU-C1 introduces the accessory dwelling unit use and Detached Accessory Dwelling Unit (DADU) building form. The Detached Accessory Dwelling Unit building form has a maximum height of 1.5 stories or 24 feet. A bulk plane that raises 10 feet vertically from the side interior or side street zone lot line, then slopes 45 degrees also applies to the DADU building form. This form also allows an exemption from the 37.5% building coverage standard allowing the lesser of 50% or 500 square feet. For zone lots greater than 6,000 square feet and up to 7,000 square feet the ADU building footprint may be a maximum of 864 square feet. The primary building forms allowed in the existing zone district and the proposed zone district are summarized below.
Design Standards U-SU-C (Existing) U-SU-C1 (Proposed) Primary Building Forms Allowed
Urban House Urban House
Maximum Height in Stories/Feet, Front 65% of Zone Lot*
2.5 stories / 30 feet 2.5 stories / 30 feet
Maximum Height in Stories/Feet, Rear 35% of Zone Lot*
1 story / 17 feet 1 story / 17 feet
DADU Maximum Height in Stories / Feet
DADUs not permitted 1.5 stories / 24 feet
Zone Lot (Min.) 5,500 square feet 5,500 square feet Minimum Zone Lot Width (Min.)
50 feet 50 feet
Primary Street Block Sensitive Setback Required / If not
Yes / 20 feet Yes / 20 feet
Side Street Setback (Min.) * 5 feet 5 feet Side Interior Setback (Min.) * 5 feet 5 feet Rear Alley / No Alley 12 feet / 20 feet 12 feet / 20 feet
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 9
Building Coverage per Zone Lot including all accessory structures (Max.), not including exceptions
37.5 % 37.5%
Detached Accessory Building Forms Allowed
Detached Garage, Other Detached Accessory Structures
Detached Accessory Dwelling Unit, Detached Garage, Other Detached Accessory Structures
*Based on subject property with width of 50 feet Summary of City Agency Referral Comments As part of the DZC review process, the rezoning application is referred to potentially affected city agencies and departments for comment. A summary of agency referral responses follows: Assessor: Approved – No Response. Asset Management: Approved – No comments. Development Services-Fire: Approved – No Comments
Denver Public Schools: Approved – No Response. Development Services: Project Coordination: Approved Rezoning Only – Comments: Will require additional information at Site Plan Review 1) The rezoning request is approved. 2) Based on the proposed description, it appears that the existing garage will be modified to accommodate the ADU on top. The existing detached structure, as shown on the provided survey, would not comply with the Detached Accessory Dwelling Unit building form requirements for setbacks and potentially height and bulk plane standards. These standards may be able to be met either with a) careful design in consideration of the standards that will apply to any portions of the existing building that are modified, b) with a variance approved by the Board of Adjustment, or c) demolition and reconstruction of the detached structure if a or b above are not able to be met. These items will need to be reviewed and approved through either a Site Development Plan process or Residential construction application. 3) If the total number of units on the site remains less than three, then the zoning review can be conducted through residential zoning rather than the Project Coordination department. Development Services: Transportation: Approved – No response. Development Services: Wastewater: Approved – See comments below. DS Wastewater approves the subject zoning change. The applicant should note that redevelopment of this site may require additional engineering including preparation of drainage reports, construction documents, and erosion control plans. Redevelopment may require construction of water quality and
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 10 detention basins, public and private sanitary and storm sewer mains, and other storm or sanitary sewer improvements. Redevelopment may also require other items such as conveyance of utility, construction, and maintenance easements. The extent of the required design, improvements and easements will be determined during the redevelopment process. Please note that no commitment for any new sewer service will be given prior to issuance of an approved SUDP from Development Services. Landmark Preservation: Approve Rezoning Only- Will require additional information at Site Plan Review Property is located within the East 7th Avenue Historic District. Any changes to the exterior of the building or site that requires a building or zoning permit, must first be reviewed by Denver Landmark Preservation, including an addition to the existing structure to convert into an Accessory Dwelling Unit or demolition of the existing structure to construct a new ADU. The conversion of an existing structure into an ADU will be reviewed with the Design Guidelines for Denver Landmark Structures and Districts. The guidelines are accessible on-line at: https://www.denvergov.org/content/dam/denvergov/Portals/646/documents/landmark/design_guidelines/Denver_Landmark_Guidelines-complete.pdf. Please complete a pre-application form and submit to [email protected]. Please include current color photographs of existing conditions and plans/drawings/sketches that adequately depict the project. Pre-application form is accessible on-line at: https://www.denvergov.org/content/dam/denvergov/Portals/646/documents/landmark/Guides_applications/Landmark_PreApplication_Review_Form.pdf Parks and Recreation: Approved – No comments Public Health and Environment: Approved – See comments below. Notes. EQ concurs with the request and is not aware of environmental concerns that should be considered for this rezoning. General Notes: Most of Colorado is high risk for radon, a naturally occurring radioactive gas. Due to concern for potential radon gas intrusion into buildings, EQ suggests installation of a radon mitigation system in structures planned for human occupation or frequent use. It may be more cost effective to install a radon system during new construction rather than after construction is complete. If renovating or demolishing existing structures, there may be a concern of disturbing regulated materials that contain asbestos or lead-based paint. Materials containing asbestos or lead-based paint should be managed in accordance with applicable federal, state and local regulations. The Denver Air Pollution Control Ordinance (Chapter 4- Denver Revised Municipal Code) specifies that contractors shall take reasonable measures to prevent particulate matter from becoming airborne and to prevent the visible discharge of fugitive particulate emissions beyond the property on which the emissions originate. The measures taken must, at all times, be effective in the control of fugitive particulate emissions on the site, including periods of inactivity such as evenings, weekends, and holidays.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 11 Denver’s Noise Ordinance (Chapter 36–Noise Control, Denver Revised Municipal Code) identifies allowable levels of noise. Properties undergoing Re-Zoning may change the acoustic environment but must maintain compliance with the Noise Ordinance. Compliance with the Noise Ordinance is based on the status of the receptor property (for example, adjacent Residential receptors), and not the status of the noise-generating property. Violations of the Noise Ordinance commonly result from, but are not limited to, the operation or improper placement of HV/AC units, generators, and loading docks. Construction noise is exempted from the Noise Ordinance during the following hours, 7am–9pm (Mon–Fri) and 8am–5pm (Sat & Sun). Variances for nighttime work are allowed, but the variance approval process requires 2 to 3 months. For variance requests or questions related to the Noise Ordinance, please contact Paul Riedesel, Denver Environmental Health (720-865-5410). Scope & Limitations: EQ performed a limited search for information known to EQ regarding environmental conditions at the subject site. This review was not intended to conform to ASTM standard practice for Phase I site assessments, nor was it designed to identify all potential environmental conditions. In addition, the review was not intended to assess environmental conditions for any potential right-of-way or easement conveyance process. The City and County of Denver provides no representations or warranties regarding the accuracy, reliability, or completeness of the information provided. Public Works – City Surveyor: Approved – See comments below The Land Description is approved. Public Review Process
Date
CPD informational notice of receipt of the rezoning
application to all affected members of City Council, registered neighborhood
organizations, and property owners:
2/25/2020
Property legally posted for a period of 15 days and CPD written
notice of the Planning Board public hearing sent to all affected
members of City Council, registered neighborhood
organizations, and property owners:
5/18/2020
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 12
Planning Board public hearing 6/3/2020
CPD written notice of the Land Use, Transportation and
Infrastructure Committee meeting sent to all affected
members of City Council and registered neighborhood organizations, at least ten
working days before the meeting:
06/01/2020
Land Use, Transportation and Infrastructure Committee of the
City Council: 06/16/2020
Property legally posted for a period of 21 days and CPD notice of the City Council public hearing sent to all affected members of
City Council and registered neighborhood organizations:
07/06/2020
City Council Public Hearing: 07/27/2020
o Registered Neighborhood Organizations (RNOs) To date, staff has received no comment letters from Registered Neighborhood
Organizations.
o Other Public Comment To date, staff has received three letters of opposition and one inquiry email
from the public. They all express concerns with the preservation of the historic character and the unintended effects the detached accessory dwelling unit could potentially have in their street parking given the increase in density.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 13 Criteria for Review / Staff Evaluation The criteria for review of this rezoning application are found in DZC, Sections 12.4.10.7 and 12.4.10.8, as follows:
DZC Section 12.4.10.7 1. Consistency with Adopted Plans 2. Uniformity of District Regulations and Restrictions 3. Public Health, Safety and General Welfare
DZC Section 12.4.10.8 1. Justifying Circumstances 2. Consistency with Neighborhood Context Description, Zone District Purpose and Intent
Statements
1. Consistency with Adopted Plans The following adopted plans apply to this application:
• Denver Comprehensive Plan 2040 (2019) • Blueprint Denver (2019) • Housing an Inclusive Denver (2018)
Denver Comprehensive Plan 2040 The proposed rezoning is consistent with many of the adopted Denver Comprehensive Plan 2040 strategies, including:
• Equitable, Affordable and Inclusive Goal 2, Strategy A – Create a greater mix of housing options in every neighborhood for all individuals and families (p. 28).
U-SU-C1 allows for an additional dwelling unit that is accessory to the primary single-unit dwelling use and introduces a new housing type to a largely single-family neighborhood. Accessory dwelling units can provide housing for individuals or families with different incomes, ages, and needs compatible with the single-unit homes that currently dominate the Country Club neighborhood.
• Environmentally Resilient Goal 8, Strategy A – Promote infill development where infrastructure and services are already in place (p. 54).
The proposed map amendment will allow an additional housing unit on the site of an existing home where infrastructure and services such as water, stormwater, and streets already exist. This allows Denver to grow responsibly and promotes land conservation. Blueprint Denver Blueprint Denver was adopted in 2019 as a supplement to Comprehensive Plan 2040 and establishes an integrated framework for the city’s land use and transportation decisions. Blueprint Denver identifies
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 14 the subject property as part of a Low Residential place within the Urban Neighborhood Context and provides guidance on the future growth strategy for the city. Blueprint Denver Future Neighborhood Context
In Blueprint Denver, future neighborhood contexts are used to help understand differences between land use, built form, and mobility at a high scale, between neighborhoods. The subject site is shown on the context map as Urban neighborhood context, the description of which is used to guide appropriate zone districts (p. 66). The Urban neighborhood context is described as containing “small multi-unit residential and low-intensity mixed-use buildings typically embedded in single-unit and two-unit residential areas” with grid block patterns and alley access (p. 222). U-SU-C1 is a zone district within the Urban neighborhood context and is “intended to promote and protect residential neighborhoods within the character of the Urban Neighborhood Context” and “the building form standards, design standards and uses work together to promote desirable residential areas” (DZC 5.2.2.1). U-SU-C1 is consistent with the Blueprint future neighborhood context of Urban because it will promote the residential character by allowing single-unit residential uses with a low-scale accessory dwelling unit that will be compatible with the existing residential area.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 15 Blueprint Denver Future Places
The subject site is designated within a Low Residential future place type on the Blueprint Denver Future Places map. This place type is “predominately single- and two-unit uses on smaller lots. Accessory dwelling units and duplexes are appropriate and can be thoughtfully integrated where compatible,” and “building heights are generally up to 2.5 stories in height” (p. 230). The U-SU-C1 is a single unit residential district that allows for an additional dwelling unit accessory to an established single-family home, which is consistent with the Low Residential future place type description. It allows the Urban House building form, which has a maximum height of 2.5 stories, also consistent with the future places map. Blueprint Denver Street Types In Blueprint Denver, street types work together with the future place to evaluate the appropriateness of the intensity of the adjacent development (p. 67). Blueprint Denver classifies Lafayette Street as a Local or Undesignated street. “Local streets can vary in their land uses and are found in all neighborhood contexts. They are most often characterized by residential uses” (p. 155). The proposed U-SU-C1 district is consistent with this description because it allows for residential and some civic uses.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 16 Blueprint Denver Growth Strategy
Blueprint Denver’s growth strategy map is a version of the future places map, showing the aspiration for distributing future growth in Denver (p. 51). The subject property is part of the “All other areas of the city” growth area. These areas anticipate experiencing around 20% of new housing growth and 10% of new employment growth by 2040 (p. 51). This growth area is “mostly residential areas with embedded local centers and corridors, take a smaller amount of growth intended to strengthen the existing character of our neighborhoods” (p. 49). The proposed map amendment to U-SU-C1 will allow low-intensity growth to the number of households in this area by allowing an accessory dwelling unit. Blueprint Denver Strategies Blueprint Denver provides recommendations related to rezoning to allow for ADUs. Policy 4 Strategy E. says “A citywide approach to enable ADUs is preferred. Until a holistic approach is in place, individual rezonings to enable ADUs in all residential areas, specifically where proximate to transit, are appropriate. Unless there is a neighborhood plan supporting ADUs, rezonings should be small in area in order to minimize impacts to the surrounding residential area” (p. 84). In this case, the requested rezoning is a single lot in a residential area within a few blocks of stops for two different bus routes. This rezoning to an ADU zone district will have minimal impacts on the surrounding neighborhood and is consistent with Blueprint recommendations.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 17 Housing an Inclusive Denver (2018) Adopted in 2018, Housing an Inclusive Denver was not adopted as a supplement to Denver Comprehensive Plan 2040 but was still adopted by City Council and can be considered relevant to the review criteria for this map amendment. The Plan includes citywide guidance for using Blueprint Denver to reduce regulatory barriers to development of accessory dwelling units; however, some of its recommendations can be applied to individual map amendments that propose allowing an accessory dwelling unit. For this case, the following plan goals are applicable:
Legislative and Regulatory Priorities, Recommendation 2: “Expand and strengthen land-use regulations for affordable and mixed-income housing. Through Blueprint Denver and supplemental implementation actions such as zoning modifications, the City should support land-use regulations that incentivize affordable and mixed-use housing, including expanding the development of accessory dwelling units.” Attainable Homeownership, Recommendation 1: “Promote programs that help households maintain their existing homes. The City and its partners should target existing homeowner rehabilitation programs to residents in vulnerable neighborhoods, promote financial literacy education for prospective and existing homeowners, and promote the development of accessory dwelling units as a wealth-building tool for low and moderate-income homeowners.”
The proposed map amendment to U-SU-C1 is consistent with these Housing an Inclusive Denver recommendations because it will expand the availability and allow the development of an accessory dwelling unit at this site.
2. Uniformity of District Regulations and Restrictions The proposed rezoning to U-SU-C1 will result in the uniform application of zone district building form, use and design regulations.
3. Public Health, Safety and General Welfare The proposed official map amendment furthers the public health, safety, and general welfare of the city through implementation of the city’s adopted land use plan which recommends “the expansion of accessory dwelling units throughout all residential areas” (p. 84). The proposed rezoning would also provide the benefit of an additional housing unit that is compatibly integrated into the surrounding neighborhood.
Rezoning Application #2019I-00226 755 Lafayette Street May 27, 2020 Page 18
4. Justifying Circumstance The application identifies the adoption of Blueprint Denver as the Justifying Circumstance under DZC Section 12.4.10.8.A.4, “Since the date of the approval of the existing Zone District, there has been a change to such as degree that the proposed rezoning is in the public interest. Such a change may include: Changed or changing conditions in a particular area, or in the city generally; or a city adopted plan; or that the city adopted the Denver Zoning Code and the property retained Former Chapter 59 zoning.” As discussed above, Blueprint Denver specifically recommends the city diversify housing choice through the expansion of accessory dwelling units throughout all residential areas. The plan was adopted after the date of approval of the existing zone districts. Therefore, this is an appropriate justifying circumstance for the proposed rezoning.
6. Consistency with Neighborhood Context Description, Zone District Purpose and Intent Statements
The requested U-SU-C1 zone district is within the Urban Neighborhood Context. The neighborhood context is “primarily characterized by single-unit and two-unit residential uses” and “single-unit residential structures are typically the Urban House building form” (DZC, Division 5.1). These areas consist of “regular pattern of block shapes” and “a consistent presence of alleys” (DZC, Division 5.1). The Country Club neighborhood consists of mostly single and two-unit residential uses in rectangular blocks with alley access. The proposed rezoning to U-SU-C1 is consistent with the neighborhood context description. The specific intent of the U-SU-C1 zone district is “a single unit district allowing urban houses and detached accessory dwelling units with a minimum zone lot area of 5,500 square feet. Blocks typically have a consistent pattern of 50-foot-wide lots. Setbacks and lot coverage standards accommodate front and side yards similar to U-SU-C but allowing a detached accessory dwelling unit building form in the rear yard” (DZC 5.2.2.2.H.) The subject site is in an area where Urban houses and 50-foot wide lots are common. The site at 755 Lafayette Street is 6,250 square feet with a width of 50 feet. The adopted plan direction recommends allowing detached accessory dwelling units. Therefore, rezoning this site would be consistent with the specific intent of the zone district. Attachments
1. Application 2. Legal Description 3. Public Comment Emails
Zone Map Amendment (Rezoning) -Application
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Property Owner Name Ross D. & Diane A. Murphy Representative Na me Alex Frank Orkow, Architect
Address 755 Lafayette Street Address 714 Elm StreetCity, State, Zip Denver, CO 80218 City, State, Zip Denver, CO 80220Telephone (432) 212-3584 Telephone (303) 394-4416Email [email protected] Email [email protected]* f More Than One Property Owner: "Property owner shall provide a written letter authorizing the repre-sentativetoactonhis/herbehalf.
All standard zone map amendment applications shall be initiatedIby all the owners of at least 51 % of the total area of the zone lotssubject to the rezoning application, or their representatives autho-rized in writing to do so, See page 3.
please attach Proof of Ownership acceptable to the Manager for each property owner signing the application, such as (a) Assessor's Record, (b)Warranty deed or deed of trust, or (c) Title policy or commitment dated no earlier than 60 days prior to application date.
lfthe owner is a corporate entity, proof of authorization for an individua to sign on behalf of the organization is required. This can includeboard resolutions authorizing the signer, bylaws, a Statement of Authority, or other legal documents as approved by the City Attorney's Office.
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Location (address and/or boundary description): 755 North Lafayette StreetAssessor's Parcel Numbers: 05023-21 -018-000Area in Acres or Square Feet: 6,250 Sq. Ft.Curl.ent Zone District(s): U-SU-C
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Proposed Zone District: U-SU-C1
Lclst updated: May 24, 2018 Return completed form to [email protected]
February 14, 2020 $1000 fee pd check
2019I-00226 02/14/2020
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General Review Crite-
H Consistencywith Adopted p ans: The proposed official map amendment is consistent with the City's adopted
plans, or the proposed rezonng is necessary to provide land for a community need that was not anticipated atthe time of adoption of the y,s Plan.
Please provide an attachment describing relevant adopted plans and how proposed map amendment is consistentwith those plan recommendation s; or, describe how the map amendment is necessary to provide for an unantici-
rja: The proposal mustcomplywithallofthegeneralreviewcriteriaDZCSec.12.4.10.7 pated community need.
E Uniformity of District Regulations and Restrictions: The proposed official map amendment results in regula-tions and restrictions that are uniform for each kind of building throughout each district having the same clas-sification and bearing the same symbol or designation on the official map, but the regulations in one districtmay differ from those in other districts.
E Public Health, Safety and General Welfare: The proposed official map amendment furthers the public health,safety, and general welfare ofthe City.
Additional Review Cri-teriaforNon-LegislativeRezonings:Theproposal
Justifying Circumstances -One of the following circumstances exists:H Theexistingzoning of the land was the result of an error.H Theexistingzoning ofthelan d was based on a mistake offact.I Theexistingzoning of the lan d failed to take into account the constraints on development created by the
natural characteristics of the and, including, but not limited to, steep slopes, floodplain, unstable soils, andinadequate drainage.
H Since the date of the approval of the existing Zone District, there has been a change to such a degree that theproposed rezoning is in the public interest. Such change may include:
must comply with both a. Changed or changing cond itions in a particular area, or in the city generally; or,of the additional review b. A City adopted plan; orcriteriaDZCSec.12.4.10.8 c. That the City adopted the Denver Zoning Code and the property retained Former Chapter 59 zoning.Eltisinthepublicinteresttoencourageadeparturefromtheexistingzoningthroughapplicationofsupple-
mental zoning regulations that are consistent with the intent and purpose of, and meet the specific criteriastated in, Article 9, Division 9.4 (Overlay Zone Districts), of this Code.
Please provide an attachment describing thejustifying circumstance.
n The proposed official map amendment is consistent with the description of the applicable neighborhoodcontext, and with the stated pPleaseprovideanattachmentdesurpose and intent of the proposed Zone District.cribinghowtheabovecriterionismet.
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Please ensure the following required attachments are submitted with this application:
E Legal Description (required to be attached in Microsoftword document format)H Proofofownership Document(s)H Review criteria, as identified above
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Please identify any additional attachments provided with this application:
E Written Authorization to Represent property owner(s)I Individual Authorization to sign on Behalfofa corporate Entity
please list any additional attachments:
Site Survey
2019I-00226 02/14/2020
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We, the undersigned represent that we are the owners of the property described opposite our names, or have the authorization to sign onbehalf of the owner as evidenced by a Power of Attorney or other authorization attached, and that we do hereby request initiation of thisapplication. I hereby certify that, to the best of my knowledge and belief, all information suppliedwith this appli cation is true and accurate. Iunderstand that without such owner consent, the requested official map amendment action cannot lawfully be accomplished.
Property Owner Name(s)Property Add ress
PropertyOwnerln-please sign below as
Date
Indicate thetypeofowner-shipdocumen-tationprovided:(A)Assessor'srecord,(8)war-
Has theownerau-
City' State, Zip terest % of an indication of your thorized a
(please type or printlegibly) the Area of consent to the above represen-Phone the Zone certification state- ranty deed ordeedoftrust
tative jn
EmailLots to BeRezoned ment
(C) title policyorcommitment,or(D)otherasapprovedwriting?(YES/NO)
EXAMPLEJohnAlanSmith andJosieQ.Smith 123 Sesame StreetDenver,CO80202
100% ife4„ ode Sid01 /01 /12 (A) YES
(303) [email protected] €.- (,.. ± ,.-..4
Ross David Murphy(and)DianeAnnetteMurphy 755 Lafayette StreetDenver,CO80218Ross:(432)212-3584Diane:(432)[email protected] 100%100O/o foetwo1/29/2020 8
YES
Alex Frank Orkow 714 Elm Street N/A
odythc 1 /29/2020
YESArchitect Denver, CO 80220(Owners Representative) (303) [email protected]
Last updated: May 24, 2018 F{eturn completed form to [email protected]
2019I-00226 02/14/2020
I ATTACHMENTS TABLE OF CONTENTS
GENERAL REVIEW CRITERIA· Attachment 'A': Consistency with Adopted Plans
llntroductionl
!Consistency with Adopted Plansl
❖ .Comprehensive Plan 2040
• Environmentally Resilient Goal 8, Strategy A: Promote infill
development where infrastructure and services already are
in place.
o Compliance
• Strong and Authentic Neighborhoods Goal 1, Strategy D:
Encourage quality infill development that is consistent with the
Surrounding neighborhoods and offers opportunities for increased
amenities
o Compliance
❖ Blueprint Denver 2019
• Diversity housing choice through the expansion of accessory
dwelling units throughout all residential areas
o Compliance
• Remove barriers to constructing accessory dwelling units and
create context-sensitive form standards.
o Compliance
• Blueprint Context Map: Urban
Page 7
o Compliance
• Future Places Designation: Low Residential
o Compliance
Rezoning Application - 755 Lafayette Street -Attachments
Page 4
Page 4
Page 5
Page 5
Page 5
Page 5
Page 6
Page 6
Page 6
Page 6
Page 7
Page 7
Page 7
Page 8
Page 8
Page 8
Page 1
I
2019I-00226 02/14/2020
❖ Housing an Inclusive Denver
• Section 4. Legislative and Regulatory Strategies.
o Compliance
• Recommendation 2: Expand and strengthen land-use regulations
for affordable and mixed-income housing. Ideas about ways that
Denver could strengthen land-use regulations to support
Recommendation 2 above to both support affordable housing
projects and more broadly increase diversity of housing
types throughout Denver
o Compliance
GENERAL REVIEW CRITERIA-Attachment 'B': Uniformity of District Regulations and Restrictions
o Compliance
GENERAL REVIEW CRITERIA -Attachment 'C': Public Health, Safety and General Welfare
o Compliance
ADDITIONAL REVIEW CRITERIA- Attachment 'A' Since the date of the approval of the existing Zone District, there has been a change to such a degree that the proposed rezoning is in the public interest.
!Justifying Circumstances Io Compliance
ADDITIONAL REVIEW CRITERIA-Attachment 'B': The proposed official map amendment is consistent with the description of the applicable neighborhood context, and with the stated purpose and intent of the proposed Zone District.
o Compliance
Rezoning Application - 755 Lafayette Street - Attachments
Page 8
Page 8
Page 8
Page 9
Page 9
Page 10
Page 10
Page 10
Page 10
Page 11
Page 11
Page 11
Page 12
Page 12
Page 2 2019I-00226 02/14/2020
REQUIRED ATTACHMENTS
Attachment 'A': Legal Description of Property
Attachment 'B': Proof of Ownership Document
(Special Warranty Deed)
ADDITIONAL ATTACHMENTS
Attachment 'A': Written Authorization to Represent
Property Owner(s)
Attachment 'B': Site Survey
Rezoning Application - 755 Lafayette Street -Attachments
Page 13
Page 14
Page 15
Page 16
Page 3 2019I-00226 02/14/2020
GENERAL REVIEW CRITERIA - Attachment 'A'
Consistency with Adopted Plans: The proposed official map amendment is consistent with the City's adopted plans, or the proposed rezoning is necessary to provide land for a community need that was not anticipated at the time of the adoption of the City's Plan.
The following material describes the City's relevant adopted plans and how the proposed map amendment is consistent with those plan recommendations ....
I Introduction
The unprecedented growth of metropolitan Denver in recent decades (the City of Denver
alone has added more than 150,000 residents since 2002) has created an unprecedented
demand for housing. Since 2010, most of the new housing built in Denver has been "high
end": apartment/condo complexes, "pop-tops' and renovations", town houses and duplexes;
and single-family homes. But continued, healthy growth requires a variety of housing options
to satisfy the diverse needs of new and existing residents. The purpose of the proposed Zone
Map Amendment is to allow for modifications to an existing garage on the subject property to
convert it into a detached accessory dwelling unit (ADU), thereby contributing to this need for
diverse housing.
The subject property, 755 Lafayette Street, on a 6,250 square foot lot (50 feet x 125
feet), contains a 2-storey, 3,194 square foot house with a 672 square foot basement and a
detached garage backing onto the alley behind the house. The garage was originally built as
a stable, with a hay storage loft in the attic, with attic sleeping quarters for a groom/stableman.
Years ago, the stable was converted into a two-car garage, and the attic space was partially
finished. Access to the attic is provided by a retractable, folding stairway.
The proposed renovations of this attic space into an accessory dwelling unit calls for
creation of a compact, but comprehensive kitchen, including: a 4-burner electric range and
oven; sink and garbage disposal; dishwasher; refrigerator/freezer; ample cabinets; and a
peninsula dining counter. A full bathroom is to be included, as well as a stacked clothes
washer/dryer and a generously-sized clothing closet. Given the size of the existing loft, the
actual living/sleeping space will be a studio. A new addition to the structure will enclose a
code-compliant stairway, providing private access to the accessory dwelling. The overall
objective is to optimize the quality of the living space, given the existing building envelope.
Rezoning Application - 755 Lafayette Street - Attachments Page4
I
2019I-00226 02/14/2020
I Consistency with Adopted Plans
Three adopted plans apply to the proposed Zone Map Amendment for 755 North Lafayette
Street:
A) Comprehensive Plan 2040
B) Blueprint Denver 2019
C) Housing an Inclusive Denver
❖ Comprehensive Plan 2040
Comprehensive Plan 2040 presents a framework for Denver city planning over the coming
two decades. The Plan outlines elements that the Proposed Zone Map Amendment for
755 Lafayette Street will support by helping to expand and diversify housing opportunities;
and to provide them in an area of the city already well-served by existing and proposed
infrastructure such as public transportation.
The following Goals and Strategies were specifically identified by the Zoning
Department's response to the Pre-Application Request for 755 Lafayette Street.
• Environmentally Resilient Goal 8, Strategy A: Promote infill development where
infrastructure and services are already in place. (Comprehensive Plan 2040, p. 54).
o Compliance: This proposed Accessory Dwelling Unit, at 755 Lafayette Street, is
located within both the Denver Country Club Neighborhood and the 7th Avenue
Historic District, making it one of Denver's most desirable neighborhoods, already
well-served by infrastructure and services.
Half a block to the north, 8th Avenue is a major west-bound thoroughfare; a
block and a half to the south, 6th Avenue is a major east-bound thoroughfare, while
close-by Downing Josephine, Logan and Lincoln Streets provide options to travel
north and south. The entire neighborhood is well-served by designated bike routes,
and offers easy access to RTD transit lines.
The neighborhood allows convenient access to Safeway, King Soopers and
Trader Joes markets, each of which anchors collections of smaller neighborhood
shops. A wide range of many restaurants at all price points similarly is close by.
Outstanding parks are close by: Cheesman Park; the Botanic Gardens;
Congress Park; Alamo Placita Park; and the Cherry Creek recreational trail.
Rezoning Application - 755 Lafayette Street - Attachments Page 5
I
2019I-00226 02/14/2020
• Strong and Authentic Neighborhoods Goal 1, Strategy D: Encourage quality infill
development that is consistent with the surrounding neighborhoods and offers
opportunities for increased amenities. (Comprehensive Plan 2040, p. 34)
o Compliance: The existing neighborhood and those immediately surrounding are
well-established, vibrant and among the most desirable in central Denver. Homes
vary from low-rise and mid-rise multi-unit to single-unit homes, from early 20th
Century Mansions to compact single-unit homes and duplexes. Construction of
new housing has occurred consistently, from the earliest days to the neighborhoods
development to the present, offering a wide range of styles.
The Accessory Dwelling Unit proposed for 755 Lafayette Street, is an
exceptional opportunity to provide a housing gem. Conversion of an original stable
into a residential unit honors often-overlooked equestrian features of the
neighborhood's historic origins, while its inherently small living space suggests that
it will be occupied by a single person or a couple, who might not otherwise be able
to find or afford a home in this exceptional historic neighborhood. Furthermore, the
design objective is for this unit is to provide a home which, while small, incorporates
features most often found in larger, more expensive facilities. In short, it will be a
home in which the occupants will be proud to live.
❖ Blueprint Denver 2019
Blueprint Denver 2019 is the City's 300-page land use, transportation and design plan,
adopted in April, 2019. It aims to manage growth in an equitable way as the population
continues to expand. Among the plan's most notable policies are recommendations for
greater housing density, in the form of affordable housing options such as Accessory
Dwelling Units (such as converted garages and new, small homes) to increase housing
options in neighborhoods that are currently dominated by single-family homes, cost
prohibitive for many Denver residents.
Specific goals of Blueprint Denver 2019, as identified by the Zoning Department's
response to the Pre-Application Request for 755 Lafayette Street, include the following:
• Diversify housing choice through the expansion of accessory dwelling units throughout all
residential areas. (Blueprint Denver 2019, p. 84)
Accessory dwelling units (ADUs) can add variety to the housing stock in low density
residential neighborhoods without significantly changing the existing character. As
Denver allows ADUs throughout the city, it is imperative to understand impacts in
areas vulnerable to displacement.
Rezoning Application - 755 Lafayette Street -Attachments Page 6 2019I-00226 02/14/2020
o Compliance: The Accessory Dwelling Unit proposed for 755 Lafayette Street
conforms to all objectives of Blueprint Denver 2019. It is an exceptional opportunity
to provide a low-cost housing gem. Conversion of an original stable into a
residential unit honors often-overlooked equestrian features of the neighborhood's
historic origins, while its inherently small living space suggests that it will be
occupied by a single person or a couple, who might not otherwise be able to find or
afford a home in this exceptional historic neighborhood. Furthermore, the design
objective is for this unit is to provide a home which, while small, incorporates
features most often found in larger, more expensive facilities. In short, it will be a
home in which the occupants will be proud to live, and which will contribute to the
residential diversity of the neighborhood, while still maintaining its existing visual
integrity.
• Remove barriers to constructing accessory dwelling units and create context-sensitive
form standards. (Blueprint Denver 2019, p. 84)
The zoning code already allows ADUs in some areas of the city. ADUs can be
attached to the main home, such as a basement unit, or detached. ADUs offer a
housing option for residents looking for something smaller than a home, such as
seniors who want to age in place.
o Compliance: The Accessory Dwelling Unit proposed for 755 Lafayette Street
conforms to all objectives of Blueprint Denver 2019. It is an exceptional opportunity
to provide a low-cost housing gem. Conversion of an original stable into a
residential unit honors often-overlooked equestrian features of the neighborhood's
historic origins, while its inherently small living space suggests that it will be
occupied by a single person or a couple, who might not otherwise be able to find or
afford a home in this exceptional historic neighborhood. Furthermore, the design
objective is for this unit is to provide a home which, while small, incorporates
features most often found in larger, more expensive facilities. In short, it will be a
home in which the occupants will be proud to live, and which will contribute to the
residential diversity of the neighborhood, while still maintaining its existing visual
integrity.
• Blueprint Context Map: Urban.
Blueprint Denver describes urban context as small multi-unit residential and
mixed use areas are typically embedded in single unit and 2 unit residential areas.
Rezoning Application - 755 Lafayette Street - Attachments Page 7 2019I-00226 02/14/2020
Block patterns are generally regular with a mix of alley access. Buildings are lower
scale and closer to the street.
o Compliance: The current zoning of U-SU-C falls under the "Urban" neighborhood
as described above. The Proposed change to U-SU-C1 also falls under "Urban"
which remains consistent with Future Neighborhood Context.
• Future Places Designation: Low Residential.
Predominately single and 2 unit uses on smaller lots. Accessory dwelling units
and duplexes are appropriate and can be thoughtfully integrated where compatible.
Buildings are generally up to 2.5 stories in height.
o Compliance: This makes the proposed zone map amendment consistent with Low
Residential.
❖ Housing an Inclusive Denver
In February, 2018, the Denver City Council passed a 5-year plan to address the City's
housing goals and priorities. Housing an Inclusive Denver outlines strategies "to create
and preserve strong and opportunity-rich neighborhoods with diverse housing options that
are accessible and affordable to all Denver residents".
• The following summary is on page 9 of the final document:
Section 4. Legislative and Regulatory Strategies. Recommendation 2: Expand and
strengthen land-use regulations for affordable and mixed-income housing. Through
Blueprint Denver and supplemental implementation actions such as zoning
modifications, the City should support land-use regulations that incentivize affordable
and mixes-use housing, including expanding the development of accessory dwelling
units.
o Compliance: The Accessory Dwelling Unit proposed for 755 Lafayette Street
conforms to all objectives of Housing an Inclusive Denver. It is an exceptional
opportunity to provide a low-cost housing gem. Conversion of an original stable
into a residential unit honors often-overlooked equestrian features of the
neighborhood's historic origins, while its inherently small living space suggests that
it will be occupied by a single person or a couple, who might not otherwise be able
to find or afford a home in this exceptional historic neighborhood. Furthermore, the
design objective is for this unit is to provide a home which, while small, incorporates
features most often found in larger, more expensive facilities. In short, it will be a
home in which the occupants will be proud to live, and which will contribute to the
Rezoning Application - 755 Lafayette Street - Attachments Page 8 2019I-00226 02/14/2020
residential diversity of the neighborhood, while still maintaining its existing visual
integrity.
• Ideas about ways that Denver could strengthen land-use regulations to support
Recommendation 2 above to both support affordable housing projects and more broadly
increase diversity of housing types throughout Denver is further summarized by the Zoning
Department's response to the Pre-Application Request for 755 Lafayette Street:
1) Streamlining and facilitating the development of accessory dwelling units as a tool
for affordability and to stabilize residents at risk of displacement;
2) Promoting a diversity of residential development types throughout Denver
neighborhoods . .. ; and
3) Creating a package of development incentives that support affordable housing
projects and promote the development of more mixed-income projects citywide.
o Compliance: The Accessory Dwelling Unit proposed for 755 Lafayette Street
conforms to all objectives of Housing an Inclusive Denver. It is an exceptional
opportunity to provide a low-cost housing gem. Conversion of an original stable
into a residential unit honors often-overlooked equestrian features of the
neighborhood's historic origins, while its inherently small living space suggests that
it will be occupied by a single person or a couple, who might not otherwise be able
to find or afford a home in this exceptional historic neighborhood. Furthermore, the
design objective is for this unit is to provide a home which, while small, incorporates
features most often found in larger, more expensive facilities. In short, it will be a
home in which the occupants will be proud to live, and which will contribute to the
residential diversity of the neighborhood, while still maintaining its existing visual
integrity.
GENERAL REVIEW CRITERIA · Attachment 'B'
Uniformity of District Regulations and Restrictions: The proposed official
map amendment results in regulations that are uniform for each kind of
building throughout each district having the same classification and bearing
the same symbol or designation on the official map, but the regulations in
one district may differ from those in other districts.
Rezoning Application - 755 Lafayette Street - Attachments Page 9 2019I-00226 02/14/2020
The following attachment describes how the proposed map amendment will
result in regulations that will be uniform for each kind of building in the
district having the same classification, symbol or designation on the official
map ....
o Compliance: The proposed Zone Map Amendment of the property from U-SU-C
to U-SU-C1 will result in minor modifications to the property, none of which create
differences for other properties in the district having the same classification.
The existing lot size of 6,250 sq. ft. exceeds the minimum requirement of 5,500
sq. ft. for an accessory dwelling unit.
The proposed Accessory Dwelling Unit will be created within the existing attic
space of the garage. The proposed addition of an enclosed stairway will take up
123 sq. ft., or 2% of the surface area of the 6,250 sq. ft. lot, and would not
contribute significantly to any additional drainage or runoff requirements.
The overall height of the accessory dwelling unit will not be any higher than the
existing structure.
Furthermore, conversion of an original stable into a residential unit honors
often-overlooked equestrian features of the neighborhood's historic origins, while its
inherently small living space suggests that it will be occupied by a single person or
a couple, who might not otherwise be able to find or afford a home in this
exceptional historic neighborhood.
GENERAL REVIEW CRITERIA · Attachment 'C'
Public Health, Safety and General Welfare: The proposed official map
amendment furthers the public health, safety and general welfare of the City.
The following attachment describes how the proposed map amendment will
furthers the public health, safety and general welfare of the City.
o Compliance: The proposed Zone Map Amendment of the property from U-SU-C
to U-SU-C1 will further the public health, safety and general welfare of the City by
providing the following:
1) Additional housing where there was only one housing unit;
Rezoning Application - 755 Lafayette Street -Attachments Page 10 2019I-00226 02/14/2020
2) An accessory dwelling unit that could be used for a variety of housing such asmultigenerational housing for families; long-term rentals; extended stay forfamilies and friends visiting from out-of-town;
3) Improved, code-compliant access and egress to the attic, resulting in greaterconvenience and safety.
ADDITIONAL REVIEW CRITERIA· Attachment 'A'
Justifying Circumstances - One of the following circumstances exists:
Since the date of the approval of the existing Zone District, there has been a
change to such a degree that the proposed rezoning is in the public
interest. Such a change may include:
a. Changed or changing conditions in a particular area, or in the city generally; or,
b. A City adopted plan; or
c. That the City adopted the Denver Zoning Code and the property retained
former Chapter 59 zoning.
The following attachment describes how the proposed rezoning is
consistent with: "b) A City adopted plan".
o Compliance: The proposed Zone Map Amendment of the property from U-SU-C to U-SUC1 is consistent with provisions relating to Accessory Dwelling Units of all three of thefollowing City adopted plans:1) Comprehensive Plan 20402) Blueprint Denver 2019; and3) Housing an inclusive Denver
"Comprehensive Plan 2040", :Blueprint Denver", and "Housing an Inclusive
Denver" were all adopted after the date of approval of the existing zone
districts. Therefore, this is an appropriate justifying circumstance for the
proposed rezoning.
Specific details of such compliance is detailed in !Consistency With Adopted Plansl, beginning on Page 5, above.
Rezoning Application - 755 Lafayette Street - Attachments Page 11 2019I-00226 02/14/2020
ADDITIONAL REVIEW CRITERIA · Attachment 'B'
The proposed official map amendment is consistent with the description of
the applicable neighborhood context, and with the stated purpose and
intend of the proposed Zone District.
The following attachment describes how the above criterion is met.
o Compliance: The location of the property within the Statistical Neighborhood
designated as "Country Club" is also located within the "East Seventh Avenue"
Historic District. The neighborhood is an "Urban Neighborhood Context" which is
described by Section 5 .1.1 of the Denver Zoning Code as "primarily characterized
by single-unit and two-unit residential uses. Small-scale multi-unit residential uses
and commercial areas are typically embedded in residential areas. Single-unit
residential structures are typically the Urban House building form. Multi-unit
building forms typically include the Row House building form embedded with other
residential form types. Commercial buildings are typically the Shop front and
General building forms that may contain a mixture of uses within the same building.
Single- and two-unit residential uses are primarily located along local and
residential arterial streets. Multi-unit residential uses are located along local
streets, residential and mixed-use arterials, and main streets. Commercial uses
are primarily located along mixed-use arterial or main streets but may be located at
or between intersections of local streets."
As stated by Section 5.2.2.1 B of the Denver Zoning Code: "There are single unit
districts that allow detached accessory dwelling units in the rear yard, maintaining the
single unit character at the street."
The proposed Zone Map Amendment of the property from U-SU-C to U-SU-C1
would not change the existing context of the neighborhood nor the subject property
within it, as the property would remain a single-family residence with the attic of the
existing garage at the rear of the property modified to create an accessory dwelling
unit.
Rezoning Application - 755 Lafayette Street - Attachments Page 12 2019I-00226 02/14/2020
REQUIRED ATTACHMENT `8'
Proof of Ownership Document(s)
Special Warranty Deed
`r*S`*IT¥quk>-a.--:;a.:.-`;--:ii.:;,:--l=:-EE=!i`:::-'=.-
Special Warranty Deed(Pursuant to 38-30-115 C.Pl.S.)
§tateD ta Facumen ry eeDate;Aprj]11,2019
$170.50
THIS DEED, made on Aprll llth, 2019 by JOHN FLANIGAN AND STEPHANIE FLANIGAN Grantor(s), of the City alld Coumy ofDenver and State of Colorado tor the consideration of ($1,705,000.00) .t*One Million Seven Hundred Five Thousand and 00/loot"dollars jn hand paid, hereby sells and conveys to Floss DAVID MURPHY AND DIANE ANNETTE MURpl+Y Grantee(s), as Jolm Tenantswhose strect address is 755 NOFITH LAFAYETTE STPIEET, DENVER, CO cO218, County Of Denver, and State of Colorado, the followingreal property in the City and Cc>unty of Denver, and State Of Colorado, to wit:
LOTS 36 AND 37, BLOCK 150, SOUTH DIVISION OF CAPITOL HILL, CITY AND COUNTY OF DENVEF}, STATE OF COLORADO.
also known by street and number as: 755 NORTH LAFAYEITE STF}EET, DENVEH, CO 80218
ii=The foregoing instrument was acknowledged before me on this day of April lltli, 2ol9 by JOHN
Witness my hand and o`f icial seal
My Cbmmission expires:
FLANIGAN AND STEPHANIE FLANIGAN
Notary Public
When recorded return to: ROSS DAVID MURPHY AND DIANE ANNEl|E MURPHY
755 NORTH LAFAYEITE STPEET, DENVER, CO 80218
Form l041 clo6lng/deeds/swd_2019.html 70610778 (445156)
1111111111111111111111111111
RezoningApplication -755 Lafayette street -Attachments Page 142019I-00226 02/14/2020
ADDITIONAL ATTACHMENT `A'
Written Authorization to Re resent Pro
755 North Lafayette StreetDenver, Colorado 80218
December 19, 2019
RE: Zoning Change Application and Agent for Ross Murphy
Dear Sir,
Alex Frank Orkow, Architect, as my endorsement and permission to act on our behalf for the purpose ofobtaining the zoning change request for our property located at 755 North Lafayette Street, Denver, CO.
Mr. Orkow has the authority to answer questions and prepare all documents needed for this zoningchange request.
If you have questions or need clarification, please contact me directly at 432-212-3584.
Sincerely,
77fe fl .Ross D. Murphy and Diane A. Murphy
«rtywhdi
RezoningApplication -755 Lafayette street -Attachments Page 152019I-00226 02/14/2020
REQUIRED ATTACHMENT 'A'
Legal Description of Property
LOTS 36 AND 37, BLOCK 150, SOUTH DIVISION OF CAPITOL HILL,
CITY AND COUNTY OF DENVER, STATE OF COLORADO
ALSO KNOWN AS: 755 LAFAYETTE STREET, DENVER, CO
Ownership
Jointly Owned by Ross D. Murphy and Diane A. Murphy - 100 % undivided
Rezoning Application - 755 Lafayette Street - Attachments Page 13 2019I-00226 02/14/2020
From: Mike CiampaTo: Penafiel Vial, Maria F. - CPD City Planner AssociateSubject: [EXTERNAL] 755 Lafayette St- Rezoning RequestDate: Monday, March 9, 2020 10:14:50 AM
Hi Francisca,
I received the notification regarding the re-zoning request at 755 Lafayette St. would you beable to tell me a little more about what this would mean?
If it is something that increases density, I’d like to discuss/provide comment. Our street canget fairly crowded with cars, as you would expect (it’s a city...). However, the neighbors atthat address are very possessive of the curb space in front of their home, going so far as toleave aggressive notes on cars and informing people to not park there, not to mention callingthe city to get cars towed and even dumping a clod of rotting leaves on our car’s hood (Ringcamera footage).
If they are now looking to make a change which could potentially ADD vehicles to the street, Idon’t think it would be prudent to approve without understanding these instances.
Thank you for your time, and I ask for your discretion with this matter, as I don’t want tocreate more tension on the block.
Mike
From: Huntington PotterTo: Penafiel Vial, Maria F. - CPD City Planner AssociateSubject: [EXTERNAL] application number 20191-00226Date: Friday, April 10, 2020 9:22:46 PM
Dear Ms. Vial,I understand from a postcard that my neighbors, Ross and Diane Murphy have submitted theapplication above for a change in zoning for their property to allow them to add an extensionto their garage plus internal renovations to make the garage top floor accessible from theoutside and to include a bathroom and kitchen. I talked to them, and as a couple in an alreadyample house, their "need for more space", as they told me, did not ring true at all. It becameclear instead that their primary interest is to increase the value of their property by building arental unit on top of their garage. Please know that as the home owner of the house 765 Lafayette St, just a few houses north oftheir 755 Lafayette property, I would like to register my objection to the proposed rezoning. The Murphys are very nice people, but their garage is already the largest and highest on theblock and the proposed construction will make it even larger. The end result will be to reducethe attraction (and value) of all the rest of the properties in the neighborhood.One rezoning may not seem to be a big change, but will by itself increase pressure on streetparking (there will be no assigned off-street parking for the new unit), decrease the view of thesky and trees from the neighboring properties including ours, and equally important, it willbegin a process that could move this registered historical district away from a largely singlefamily dwelling neighborhood. The famous Doud/Eisenhower house is right across the streetat 750 Lafayette, and tour buses sometimes stop to allow visitors to connect to history. In thisspirit, this neighborhood including its alleys, should be kept as true to its historical roots aspossible. The current living concept works well as it is, and its preservation willbenefit current residents, future residents, and Denver in general.
Please let me know if there is a process by which I can express my objection to the proposedrezoning.
Thank you
Huntington Potter765 Lafayette St.Denver CO 80218
From: Planningboard - CPDTo: Penafiel Vial, Maria F. - CPD City Planner AssociateSubject: FW: Denver"s Planning Board Comment Form #13026204Date: Friday, May 22, 2020 2:35:36 PM
From: [email protected] <[email protected]> Sent: Friday, May 22, 2020 12:28 PMTo: Planningboard - CPD <[email protected]>Subject: Denver's Planning Board Comment Form #13026204
Thank you for submitting a comment to the Denver Planning Board. Yourinput will be forwarded to all board members as well as the projectmanager. For information about the board and upcoming agenda items,visit www.DenverGov.org/planningboard.
Name SUSAN BRADLEY
Address 750 N MARION ST
City DENVER
State Colorado
ZIP code 80218
Email [email protected]
Agendaitem you arecommentingon:
Rezoning
Address ofrezoning
755 Lafayette St
Casenumber
2019I-00226
Would youlike toexpresssupport fororoppositionto theproject?
Strong opposition
Yourcomment:
This property lies within the protected 7th Ave Historic District. The proposedzoning change does not follow the historic character of the neighborhood andincreasing the density of this mostly single-unit residential use neighborhood willnegatively impact property values especially of nearby and adjacent properties.There are some two-unit residential uses in this historic neighborhood however,they are typically row house housing stock and were original to theneighborhood, not rezoned to meet the desires of a property owner.
The original use of this space as a stable with a hay storage loft in the attic andsupposed sleeping quarters for a groom/stableman does not demonstrate ahistoric use of the unit as a dwelling unit. Additionally, changing the zoning andconverting the proposed space does not honor the the "often-overlookedequestrian features of the neighborhood's historic origins", it simply is adding andwelling unit where there was not one historically.
Parking on these streets that are adjacent to the north of 8th Avenueneighborhood which is zoned for a higher density is already congested and oftenparking is unavailable on the street because the adjacent higher densityneighborhood residents park their vehicles on these 7th Ave Historic Districtstreets. The proposed rezoning would increase this parking congestion.
If the rezoning request is approved, it will set a precedent of allowing ADUs in the7th Ave Historic District further changing the historic character of theneighborhood and increasing the density and parking density in theneighborhood. This erosion of historic neighborhood character negativelyimpacts the value of property on a micro level and has a negative rippling effectacross the southern part of Central Denver neighborhoods.
We must preserve the character of our historic neighborhoods. There are manyneighborhoods in Denver where an ADU is already allowed within the zoning, wedo not need to diminish the value and integrity of the ones that do not allow it.
From: [email protected]: Penafiel Vial, Maria F. - CPD City Planner AssociateSubject: [EXTERNAL] 755 Lafayette Street proposed rezoning application 2019I-00226Date: Monday, May 25, 2020 1:39:43 PM
Hello Ms. Penafiel,
My name is Thomas Gardner and I live at 756 Marion Street, directly behind 755 Lafayette.
I have two questions concerning the proposed U-SU-C1 zoning. Does it allow for nonfamily members tolive there?
And have there been any other properties rezoned U-SU-C1 in the East 7th Avenue Historic District afterthe Historic District designation in 1993? Or where can I obtain that information?
Thank you so much for your help,Tom Gardner756 Marion StreetDenver, CO 80218303-917-1005