Loading...
HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2018-09-11 Prepared: September 5, 2018 AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, September 11, 2018 9:00 a.m. – Board Room Town Hall 1. OPEN MEETING 2. AGENDA APPROVAL 3. PUBLIC COMMENT The Estes Valley Board of Adjustment will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA A. Approval of minutes dated August 7, 2018 5. VARIANCE REQUEST: 1077 FALL RIVER COURT, OWNERS: MIKE AND BRENDA LAUER The variance request is to grant alternative front setback of ten and one-half (10.5) feet on the west property line in lieu of the established 25-foot minimum setbacks required by the E-1 Estate Zoning District to build a covered front entry structure. Staff finds the variances requested are reasonable due to the existing site condition. Staff recomments approval of the requested variance. 6. REPORTS 7. ADJOURN The Estes Valley Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment August 7, 2018 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith, John Lynch Attending: Members Newsom, Poggenpohl, Smith, Moreau Also Attending: Community Development Director Randy Hunt, Planner II Brittany Hathaway, Recording Secretary Karin Swanlund Absent: John Lynch Chair Poggenpohl called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board Members and staff. 1. AGENDA APPROVAL It was moved and seconded (Smith/Newsom) to approved the agenda as presented and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated July 3, 2018 It was moved and seconded (Newsom/Smith) to approve the minutes for July 3 , 2018 as presented and the motion passed unanimously. 4. 1571 ST. MORITZ TRAIL, Owner: Jason Brown and Mindy Bakker Planner Hathaway reviewed the staff report. There were two variance requests. The first was to permit a three-foot setback from the east property line in lieu of the 25-foot minimum per the E-1 Estate Zoning District for construction of an accessory structure. The second was to permit a fourteen-foot set back from the west property line in lieu of the 25-foot minimum in order to build a newly constructed home. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There were no public comments received. Staff recommended approval of the variance requests with no conditions. Staff and Board Member Discussion: Chair Poggenpohl discussed what a major project Windcliff rezoning would be if and when that happens. Director Hunt responded that Windcliff was originally a Planned Urban Dwelling (PUD), which was released with the 2000 rezone. The best probable solution is a reconstitution to the original PUD standards, benefiting all involved. The County Commissioners would have to approve this. Windcliff roads have general lack of objection to putting an easement where the road actually is. Unknown factor is whether RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 August 7, 2018 or not road is on private property or W indcliff common area. If common area, Windcliff would be able to sign off, if private there may be another layer. There is nothing in regulations controlling parking spaces in front of garage. Let architect/engineer make the house fit the property. Hunt proposed turning the clock back, which would allow Windcliff lots be developed as originally planned with the topography. Applicant Comments: Lonnie Sheldon explained the process of planning the house, which involved sliding the house north due to the elevation. The HOA requires site specific drainage reports. It was moved and seconded (Smith/Moreau) to approve the requested variance allowing a setback of 14 feet on rear, west side, and a three foot setback on the front, east side, in lieu of the 25 foot required setbacks. The motion passed unanimously. 5. REPORTS-Director Hunt 1) TB, BOCC, PC passed an initiative to rewrite The Estes Valley Comprehensive Plan, getting under way August 9, 2018. The committee will meet every other Thursday, 3:30-4:30 in rooms 202-203. BOA is welcome to attend these meetings. 2) Building Division is in transition and discussion on where to go from here will take place with Larimer County on August 17, 2018. One option is consolidation with Larimer County. 3) Building division will be moving to a model where a subdivision or development plan will have addresses assigned prior to the actual building permit stage. 4) Lonnie Sheldon noted that Van Horn Engineering has two banners they are putting at Development Plan sites, with a phone number for public questions. 5) A Code Amendment for larger projects, requiring a mandatory neighborhood/community meeting prior to formal public hearings, is underway. 6) Planner II Hathaway gave a brief summary of her past work and education noting her job as a planner in Ketchikan, Alaska and League City Texas, having a Masters in Public Administration. There being no other business before the Board, the meeting adjourned at 9:37 a.m. ___________________________________ Rex Poggenpohl, Chair __________________________________ Karin Swanlund, Recording Secretary N O T I C E On Tuesday, September 11 at 9:00 a.m. in the Board Room of the Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, the Estes Valley Board of Adjustment will review a Variance request for the property and purpose described below. Legal Description Lot 7 Block 2 Fall River Estates 1077 Fall River Courtl Variance Request: Change Setback Variance from 25’ on the west property boundary to 10.5 feet from the property line. Owner: Mike and Brenda Lauer Applicant: Trail Ridge Consulting Engineers Any person may appear at such hearing and comment on any matter to be considered. For more information please visit www.estes.org/currentapplications, or contact the Community Development Department at planning@estes.org or 970-577-3721. Please check the website two days prior to the meeting for notice of any changes, such as meeting continuances. PUBLISH: Estes Park Trail-Gazette August 24, 2018 ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: September 11, 2018, 9:00 a.m.; Board Room, Estes Park Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: The applicant requests a variance from the Estes Valley Development Code. 1. Variance: From Section 4.3(C)(4) Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts; to permit a ten and one-half (10.5) foot front setback from the west property line in lieu of the 25-foot minimum per the E-1 Estate Zoning District. Staff is recommending approval of this variance. LOCATION: 1077 Fall River Ct, Estes Park, CO LEGAL DESCRIPTION: Lot 7, Block 2, Fall River Estates, Larimer County, Colorado. EXISTING ZONING: E-1, Estate Zoning VICINITY AND SITE MAP: See attachments APPLICANT/OWNER: Mike and Brenda Lauer STAFF CONTACT: Brandon Howes, Consulting Town Planner PROJECT DESCRIPTION: The Variance request is to grant an alternative front setback in lieu of the established 25-foot minimum front setback required by the E-1 Estate Zoning District to build a covered front entry feature. The lot was platted prior to the Town’s rezoning efforts in February 2000, when the Estes Valley Development Code became effective. During this rezoning, the 25-foot side setbacks associated with the E-1 zone district went into effect. Although the home was built in 2001 and is located immediately east of the 25’ front setback, the current building and driveway location does not allow for a covered front entry structure outside of the building setback area. In addition, due to the steep slopes on this lot, it is not possible to locate a driveway and covered front entry structure on a different side of the home. 1077 Fall River Ct., Variance Request Front Setback Estes Park Community Development Department, Planning Division Room 210, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org 1077 FALL RIVER CT. VARIANCE REQUEST, FRONT SETBACK PAGE 2 OF 4 REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to properties in accordance with EVDC, Section 3.15 General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the application is posted on the Town’s “Current Applications” webpage. The applicant has also posted a “Development Proposal Under Review” sign on the property. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. This report includes attachments of pertinent memos and emails from the reviewing agencies regarding this review. REVIEW CRITERIA: In accordance with the EVDC, Section 3.6(C)., Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. STANDARDS FOR REVIEW (3.6)(C) 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code’s standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: Special circumstances exist on the property. The property contains 0.49 acres and is zoned E-1, Estate. The established E-1 zoning district requires a minimum lot size of 1.0 acre and 25-foot building setbacks from all property lines (front, sides, and rear). The subject property is located on a steep hillside that prevents the use of conventual construction methods within the buildable area on the property. The existing house was located in its current configuration to minimize disturbance to the lot as well as minimize the driveway approach grades to the residence. The requested variance will allow the applicant to construct an architectural feature (covered front entry) that is consistent with the general style of the surrounding homes in the neighborhood. The feature is proposed to be located in a landscape area between the existing residence and the concrete drive that approaches the residence. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: There is beneficial use of the property without the variance. 1077 FALL RIVER CT. VARIANCE REQUEST, FRONT SETBACK PAGE 3 OF 4 b. Whether the variance is substantial; Staff Finding: The variance is considered substantial. However, allowing the decrease in the front setback width from 25-feet to 10.5-feet on the west is the most logical and reasonable way to accommodate the challenging site conditions. Staff understands that when the E-1 zoning was established in 2000, it potentially created hardships on existing properties by setting criteria for larger lot areas and larger setbacks on smaller lots, such as the applicant’s. The variance requested is the minimum required to provide relief to the applicant. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: Staff does not find that the character of the neighborhood would be altered, and there would be no detrimental impacts to adjoining properties with approval of the proposed variance. The architectural style of the proposed project is compatible with surrounding structures. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval does not have any effect on public services such as water and sewer. However, staff has advised the applicant to be aware that there is a buried electric line underneath the proposed covered entry. Therefore, the applicant must ensure that the existing electric service is located prior to any excavation or construction and to ensure the line remains untouched and with no structure directly on top of it. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant was not aware of the proximity of the structure to the setback line at the time of purchase. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: No other method is available that would allow construction of this covered front entry. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: There is no process that could provide a lesser deviation than the proposed variance to allow the covered front entry. 1077 FALL RIVER CT. VARIANCE REQUEST, FRONT SETBACK PAGE 4 OF 4 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Comment. Staff finds the variance requested is reasonable due to the existing site condition and does not foresee the need for additional conditions. The BOA is welcome to review and consider additional conditions as needed. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. SUGGESTED MOTIONS: I move to APPROVE the following variance, allowing a ten and one-half (10.5’) foot front setback, along the west side of the property at 1077 Fall River Ct., Estes Park, with findings and conclusions as outlined in the staff report. I move to DENY the requested variances with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site Plan 5. Variance Sign A RE E-1 RM 2275 2265 1068 1064 1064 1062 1060 2180 2250 1079 1077 1075 1073 1071 1069 1067 1081 1061 1041 1087 1086 1082 1084 1076 1074 1072 1051 CRE S T VI EWCTCAMELOTCTCHAR-DELLN DEERM OU N TAIN D R B L U E S P R U C E D RBLUESPRUCEDR F A L L RIV E RDR FALLRIVERDRFALLRIVERCTFALLRIVERCTUNIT 9 UNIT 5 UNIT 10 UNIT 6 UNIT 2 UNIT 3 UNIT 10 UNIT 11 UNIT 18 UNIT 1 UNIT 4 UNIT 9 UNIT 12 UNIT 5 UNIT 6 UNIT 7 UNIT 8 This draft document was prepared for internal use by the Town of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that you do not post this document on the internet or otherwise make it available to persons unknown to you. 050100 Feet 1 in = 96 ft±Town of Estes Park Community Development 1077 Fall River Court Printed: 8/30/2018 Created By: Brittany Hathaway Subject Property ∆13.8'13.6'PROPOSEDCOVEREDENTRY10.9'10.6'FOUND #4 REBAR60' PLATTEDRIGHT OF WAYSUBJECT PROPERTYLAUER SETBACK VARIANCE SITE PLANVARIANCE INFORMATIONAPPLICANT/OWNERMIKE AND BRENDA LAUER1130 S. 9TH AVE, APT 101STERLING, CO 80751970-580-4930ENGINEER/CONTACT PERSONTRAIL RIDGE CONSULTING ENGINEERS, LLC2191 LARKSPUR AVEESTES PARK, CO 80517ZONING INFORMATIONSUBJECT PROPERTY ZONING CLASSIFICATION: E-1 ESTATESURROUNDING PROPERTY ZONING CLASSIFICATION: E-1 ESTATESETBACK VARIANCE INFORMATION1. APPLICANT REQUESTS A VARIANCE TO THE EXISTING FRONT LOT LINE BUILDING SETBACK. THE CURRENT SETBACK TO THIS LINE IS 25 FEET. THEAPPLICANT IS PROPOSING TO CONSTRUCT A NEW COVERED ENTRY WITH THE PROPOSED ROOF LINE BEING 10.6 FEET AND THE SUPPORTINGCOLUMN 13.6 FEET FROM THE PROPERTY LINE. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THE STRUCTURE TO BE 10.5 FROM THEPROPERTY LINE.GENERAL NOTES1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY.2. UTILITIES SHOWN HEREON ARE AS SHOWN ON THE ORIGINAL SITE PLAN SUBMITTED WHEN THE HOUSE WAS CONSTRUCTED. THESE LOCATIONSARE APPROXIMATE. THE ENGINEER DOES NOT WARRANT THE LOCATIONS OF THE UTILITIES AS SHOWN HEREON. THAT RESPONSIBILITY LIES WITHTHE OWNER/CONTRACTOR.2191 LARKSPUR AVENUE, ESTES PARK, CO 80517www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2018DAB20'SCALE: 1" = 20'040'VICINITY MAPSCALE: 1" = 1000'