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Home My WebLink AboutPACKET Estes Valley Board of Adjustment 2017-04-11Prepared: April 7, 2017 * Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, April 11, 2017 Special Meeting 9:00 a.m. — Board Room Town Hall 1. OPEN MEETING Introduction of Planner I — Robin Becker 2. PUBLIC COMMENT 3. CONSENT AGENDA A. Approval of minutes dated March 7, 2017 4. PORTION OF LOT 121, AL FRESCO PLACE; 425 CHAPIN LANE; URQUHART RESIDENCE Owner: Joseph Verne Urquhart Applicant: Docter Construction, LLC Request: Variance from EVDC Section 4.3, Table 4-2 which requires 25-foot setbacks in the E-1-Estate zone district. Request to allow a side setback of approximately 12.5 feet to allow construction of a proposed addition to the existing single-family dwelling. (Application was revised after legal and neighbor notices were sent). Staff: Carrie McCool 5. REPORTS A. Estes Valley Planning Commission Study Session, April 18, 2017 will be discussing building height. B. Other 6. ADJOURNMENT 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 March 7, 2017, 2017 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohi Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohi Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Planner Carrie McCool, Recording Secretary Thompson Absent: None Chair Newsom called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT 2. CONSENT AGENDA Approval of minutes dated February 7, 2017. It was moved and seconded (Smith/Poggenpohi) to approve the minutes as presented and the motion passed 5-0. 3. LOT 2, ELM ROAD 2ND ADDITION; 640 ELM ROAD; ESTES VALLEY FIRE PROTECTION DISTRICT TRAINING AREA The applicant, Estes Valley Fire Protection District, requests a variance from EstesValley Development Code Section 4.4, Table 4-5 which limits building height to 30 feet. The request is to allow a 15-foot height variance to construct a proposed fire-training tower. The subject property is located in the I-1—Industrial zone district. The application is proposing replacing the existing tower with a new 45-foot tall training tower. The building is considered a closed tower, and will not be located in a ridgeline protection area. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. No comments were received from the public nor the reviewing agencies. Staff Findings Please refer to the staff report for staff findings. Public Comment David Wolf/EVFPD Chief stated the existing tower will be removed prior to construction of the new tower, and the new tower will be in approximately the same location. There will be significant savings for training the Estes Valley firefighters. The Fire District hopes to offer training to neighboring communities. He explained how the building will be used. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 7, 2017 Condition of Approval 1. The building shall be constructed using earth-tone exterior colors. It was moved and seconded (Lynch/Moreau) to approve the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff and the motion passed unanimously. 4. LOT 31A, AMENDED PLAT OF LOTS 32-35, AND PORTIONS OF LOTS 1, 31, & 37, WHITE MEADOW VIEW PLACE, LESS 200032927; 455 STANLEY AVENUE; DOLLAR GENERAL Planner Gonzales reviewed the staff report. This meeting was continued from the February Board of Adjustment meeting to allow the applicant, Vaquero Estes Park Partners, additional time to review optional building sites on the property. Planner Gonzales stated the building was redesigned and the driveway width on Stanley Avenue has been reduced. Because of the redesign, only one variance is now needed, and the other Code deviations on the site can be addressed through the Planning Commission Minor Modification process with the Development Plan. The Development Plan will be reviewed March 21, 2017. The variance request is to allow the driveway entrance on Stanley Avenue to be approximately 42 feet wide at the street line in lieu of the 30-foot requirement for non-residential uses. Planner Gonzales stated a legal notice was published in the local newspaper and adjacent property owners were notified by mail. Staff received one public comment prior to the February meeting regarding orientation of the entrance and type of building materials used. No additional public comments were received, and there were no major comments or concerns from affected agencies. Staff Findings Please refer to the staff report for the staff findings. Public Comment Devan Pharis/applicant stated service vehicles will access the building from the east side. Rick Houser/town resident was opposed to the Stanley Avenue entrance due to the close proximity of residential properties across the street on Stanley Avenue Staff and Commission Discussion Planner Gonzales stated CDOT's comment recommended and preferred access to the store from Highway 7. Planner Gonzales stated staff recommended approval of the variance request, with no conditions of approval. It was moved and seconded (Moreau/Smith) to approve the requested variance according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed unanimously. 7. REPORTS RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 7, 2017 A. Director Hunt report Planner I Robin Becker will start work March 27, 2017. She is moving to Estes Park from Des Moines, Iowa. B. Director Hunt agreed there could be an amendment to the EVDC regarding driveway width, with the goal being to rationalize the driveway width standard. C. Director Hunt report the Planning Commission is discussing the possibility of amending the section of the code that limits height to 30 feet. Discussion will occur at the March 21st Planning Commission Study Session. The current proposal would affect only the RM-Multi-Family Residential zone district, and may increase the height limit from 30 to 45 feet. This proposal was initiated by staff due to several development proposals in the RM district being brought to staff, and the height limitation deterred the developers from proceeding with the projects. Director Hunt stated a similar discussion should occur for the CD—Commercial Downtown zone district, but is being delayed due to the current Downtown Plan process. He stated dialogue is important, but if it carries on for too long it can become detrimental to the community. D. Director Hunt reported public meetings will be occurring regarding the Downtown Plan, with the goal to have a design by the end of 2017. There being no other business before the Board, the meeting adjourned at 9:50 a.m. Wayne Newsom, Chair Karen Thompson, Recording Secretary 425 Chapin Lane — Urquhart Residence Variance Request 25-Foot Setback Requirement Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: April 11, 2017 REQUEST: Variance from the Estes Valley Development Code (EVDC) Section 4.3, Table 4-2 which requires a 25-foot front setback for buildings/structures in the (E-1) Estate Zoning District to accommodate a proposed garage and living space addition. LOCATION: 425 Chapin Lane within the Estes Park Town Boundary. OWNER: Joseph Verne Urquhart APPLICANT/CONSULTANT/ENGINEER: Primary Contact: Jim and Eunice Docter, Docter Construction, LLC Consultant/Engineer: Van Horn Engineering and Surveying, Inc. STAFF CONTACT: Carrie McCool, Planner STAFF RECOMMENDATION: Approval with Conditions. PROJECT DESCRIPTION AND BACKGROUND: The subject property is zoned E-1 Estate and is a 0.27-acre triangular shaped lot, which is well below the 1-acre minimum lot size requirement of the Estate zone district. It has frontage on two streets: Chapin Lane and U.S. 34 Bypass (West Wonderview Avenue). Access is provided off of Chapin Lane which rises from the highway bypass. The highway right-of-way is approximately 150-feet in width; however, the highway is not constructed to the full width at this time. There is a 6-foot privacy fence located on the property line which is also the boundary of the bypass right-of-way. Mature trees within the right-of-way provide a buffer between the home and the bypass in its current location. The existing 1-story home was built in 1996 and is located within the required setbacks (front, side, and rear). A side and rear setback variance to build a storage shed 10 feet from the property lines in the northern portion of the lot was denied in 2003. The site plan depicts a wood deck in this location. The property currently contains non-conforming structures (wood decks, steps, and a shed) that also do not meet the setback requirements. The applicant would like to build a 1,208 square foot addition (604 square feet per floor) to their existing 1,338 square foot home to accommodate a new garage with some limited living space and an accessory kitchen above it to care for the owner's ailing parents and provide a garage for vehicle storage. As such, the applicant is requesting to reduce the setback from the 25' required to 12.5' from the side adjacent to U.S. 34 Bypass to accommodate the proposed garage and living space addition. SITE DATA MAP & TABLE: The subject property is a triangular lot located at the intersection of West Wonderview Avenue (Highway 34) and Chapin Lane with access provided off of Chapin Lane. The property is zoned E-1, Estate, a zoning district intended to preserve the predominately lower density residential uses that have been established in the Estes Valley. It borders similar low-density residential uses, E-1 Estate zoned properties to the north, west, and east and multi-family residential development to the south. SITE DATA TABLE: Parcel Number: 35243-07-177 Existing Lot Area: 0.27 Acres Required Minimum Lot Area: 1 acre Existing Land Use: Single Family Residential Proposed Land Uses: Single Family Residential and an additional living space (accessory kitchen) to be located over a proposed garage. Setbacks: Front, Side and Rear: 25' Proposed: Garage/additional living space — From 25' to 12.5' (Side) Services: Water: Town Sewer: Estes Park Sanitation District REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the Decision-Making Body for this application. Please refer to the revised "Statement of Intent" document received on April 5, for the Applicant's comments regarding the review standards. 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: The special circumstances associated with this lot stem from its irregular triangular lot shape and from the fact that it is undersized for the zoning district minimum lot area standards. The lot has been 0.27 acres since 1963 and was previously zoned RS- Single Family in the 1980's. The 1995 zoning map shows the property zoning as E Estate. During this time, the E Estate zoning district required a 60,000 square foot lot area minimum and the RS Single family required 18,000 square feet. The existing single-family home was built in 1996 and is currently located within the 25' front, rear and side setbacks, ,1 Estes Valley Board of Adjustment, April 11, 2017 Page 2 of 6 Urquhart Setback Variance Request thereby; limiting the ability of the homeowner to make improvement or additions to the property. The applicant has noted that the Estate zone district designation was originally dedicated for lots greater than 1 acre; their lot being almost a quarter of that gives the lot a hardship for adding a garage or additional living space. Staff finds that the property has been undersized per the previous and current zone district designation for many years. Any modification to the existing home, therefore, requires a variance. The undersized, triangular configuration of the lot create special circumstances that are unique to the site. 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: The existing house was originally constructed in the current location in 1996 within the required setbacks. There can be beneficial use of the property without the variance in that the existing house can continue to be used as a single-family home. The applicant has noted that the lot can and will have beneficial use as their home but, they want to add on. b. Whether the variance is substantial. Staff Finding: The applicant would like to build a garage and additional living space with an accessory kitchen above it encroaching into the setback by 12.5-feet. This represents a fifty percent (50%) deviation from the setback requirements, which is substantial. The applicant agrees that the variance is substantial to the arterial road setback but noted that "should the property be zone R Residential, the front setback would be 15' and the side adjacent to the arterial would be 25'." 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: The lots adjacent to the subject property have structures that are outside of the required 25-foot setbacks while the property to the south is high-density residential. The figure below depicts the setback nonconformities in the area. Town of Estes Park • • • • Coinmu.ity Lk,elopmen, • outside 0125•Ioat SHIN, 111.11fdable Areas 1 Estes Valley Board of Adjustment, April 11, 2017 Page 3 of 6 Urquhart Setback Variance Request The applicant states that the essential character of the neighborhood will not be affected as the variance request is only adjacent to the Bypass, which has a large width right-of- way. While the north edge of pavement for the Bypass is 52.1' from the side property line currently, the entire right-of-way width is approximately 150-feet. US Highway 34 Bypass is an arterial and thus could be built out within the 150' of dedicated right-of-way in the future if traffic counts warranted the expansion. This could result in a garage with additional living space located within 12.5' of the Bypass in the future which could impact views from the traveling public. The construction of habitable floor area within 12.5' of an arterial such as US Highway 34 Bypass is not in character of the community as most residential zone districts (i.e., E, R, R-2 and RM) maintain the required 25' setback from arterial streets. Installation of a landscape (street frontage) buffer would be the only means to mitigate potential negative impacts of a reduced setback from the arterial road. Staff has set forth a recommended condition of approval accordingly. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: All necessary services are already extended to the existing house. The proposed variances would not adversely affect the delivery of public services such as water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The existing house was constructed in 1996 within the required 25' setbacks. The applicant stated that they were aware of proximity to the Bypass; however, they were not aware of the 25' setbacks on all sides of the lot. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The triangular shape and size of the lot as well as the size of the existing home limits the ability of the homeowner to make improvements or additions to the property. Staff has worked with the applicant to explore alternatives for the garage and additional living space, which included reducing their size of the addition and locating it in the front of the house. The front of the house is the only area where there is room within the building envelope. This area is also setback significantly farther from the U.S. Highway 34 Bypass; however, the amount of grading required made this option prohibitive. The applicant revised the configuration of the addition which resulted in a reduction in the setback variance request from 5' to 12.5'. The applicant has stated that "screening can take place to mitigate the visual and noise of the bypass road and landscaping may be added later." 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. I. • Estes Valley Board of Adjustment, April 11, 2017 Page 4 of 6 Urquhart Setback Variance Request Staff Finding: The applicant's request for the variances are due to the size of the existing home, triangular lot shape and size. Staff finds that the circumstances are unique to the applicant's proposal, and are not of so general or recurrent of a nature as to make it reasonable for the regulation to be changed to accommodate similar circumstances. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: The variance requests will not result in a reduction in the size of lots contained in an existing or proposed subdivision. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: As noted above, the applicant has explored various design options. Staff finds that the current variance request represents the least deviation from the regulations that would afford relief. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: The variances requested will not permit a use prohibited or not expressly permitted in the Estate zone district. 7. 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 Finding: Staff recommends the Board consider requiring the installation of a street frontage buffer (landscape buffer) if the decision is to grant the setback variance. The Board may also consider other conditions of approval that address any concerns that arise during the public hearing. REFERRAL AND PUBLIC COMMENTS: This variance request was routed to reviewing agency staff and adjacent property owners for consideration and comment. The public hearing for the variance request was publicly noticed in accordance with the applicable public notification requirements of the Estes Valley Development Code. No formal written comments were received from the public or adjacent property owners. Any written comments will continue to be posted to www.estes.orq/currentapplications. STAFF FINDINGS: Staff finds that the application for the proposed variance request substantially complies with the applicable review criteria outlined in Section 3.6.0 "Standards for Review" of the Estes Valley Development Code and advances housing policies and objectives adopted in the Estes Valley Comprehensive Plan. Estes Valley Board of Adjustment, April 11, 2017 Page 5 of 6 Urquhart Setback Variance Request POTENTIAL MOTIONS: Below are the Board of Adjustment options related to the variance request: 1. I find that the application substantially meets the criteria above, and move to recommend APPROVAL of the variance request application with no conditions. 2. I find that the application substantially meets the criteria above, and move to recommend APPROVAL of the variance request application with the following conditions: a. Prior to building permit issuance, a Street Frontage Buffer Plan that is consistent with § 7.5 — Landscaping and Buffer requirements of EVDC shall be approved by Community Development Department staff. 3. I find that the application does not substantially meet the criteria above, and move to recommend DENIAL of the variance request application. 4. I find that the Applicant has not provided sufficient information to review the application per the criteria above and recommend CONTINUING THE HEARING to provide adequate time to review additional materials. ENCLOSURES: Statement of Intent & Application Site Plan Floor Plan \ Estes Valley Board of Adjustment, April 11, 2017 Page 6 of 6 Urquhart Setback Variance Request RECEIVED APRIL 5, 2017 COMM. DEV. (-4,„p; Y., • 7 • • —.--:--:--;•7:-.7--ab — - ..•-". L ••• • or ••••..-:-.-..0 ' ..— .:.-- - '% . • . • - _ --... ...••••••• LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING April 5, 2017 Attn: Carrie McCool RE: 425 Chapin Lane Setback Variance Change Dear Carrie, Regarding the email you sent yesterday (April 4, 2017) the applicant wishes to revise their original application and move forward with an accessory kitchen instead of an ADU, we are submitting this letter requesting and stating withdrawal of the ADU variance. Please put a copy of this letter in the packet of materials in the Board of Adjustment packets. Attached is also a revised Site Plan with an updated garage size (taken from 24' wide to 16' wide) that also removed all reference to an ADU above the garage. Now it is an Accessory Kitchen and some limited living space there. The Building Code requirements for living space above a garage will be complied with (for fire safety and more). If there are any questions, please phone me at (970) 586-9388 ext. 30. Sincerely, Levi Project Manager For Van Horn Engineering and Surveying Inc. 1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • Fax: 970-586-8101 • E-mail: vhe@airbits.com RECEIVED APRIL 5, 2017 COMM. DEV. • LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING - ',r►, VAN HORN ENGINEERING AND SURVEYING April 5, 2017 Attn: Carrie McCool Dear Carrie, Regarding the email you sent Sunday March 1.9th about 425 Chapin Lane Variance Proposal, I wanted to give you something in writing that follows the format from section 3.6.0 from the Code: 1. The shape of the subject lot is that of a triangle, which is not standard for lot dimensioning and therefore makes it nearly impossible for any improvements to be added to the lot as the prescribed setbacks have a lot of impact to the buildable area. Also the lot is zoned E-1, which was originally dedicated for lots greater than 1 acre; our lot being almost a quarter of that also gives the lot a hardship for adding a garage (minimal space). 2.a. The lot can and will have beneficial use as our clients home has been built just within the 25' setbacks. As the application suggests, they want to add on. 2.b. Yes, the near 50% variance is substantial to the road setback. Should this property be zoned R (1/4 acre), the front setback would be 15' and the side adjacent to the arterial would be 25'. 2.c. The essential character of the neighborhood will not be not be affected as the variance request is only adjacent to the road, Wonderview Avenue, which has a large width right-of- way. 2.d. No, the proposed variance would not adversely affect the delivery of public services such as water and sewer due to the utilities already existing in the area. 2.e. The applicant is aware of proximity to road, however, they were not aware of the 25' setbacks on all sides of the lot. 1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • Fax: 970-586-8101 • E-mail: vhe@airbits.com itaaft/) Levi a Project Manager For Van Horn Engineering and Surveying Inc. 2.f. Screening can take place to mitigate the visual and noise of the Bypass Road. Landscaping may be added later. 3. The reasons for this variance request are specific and not general. Also, unique lot characteristics suggest that the variance is the best outcome. 4. The proposed addition is attached to the existing building, and no additional lots will be created from or by this proposed variance. 5. A 16' garage width is proposed, which is less than the standard width fora 2 car garage and is not unreasonable. 6. This existinWproposed use is not prohibited in E-1 Zone (Single Family Residential). The applicant is not asking for a use waiver. 7. Conditions desired by the BOA (such as screening) will be considered to mitigate this variance/impact. Ample parking exists on site for both the single family residential use and the living space above the garage (not an official ADU (Accessory Dwelling Unit). Vehicles can park in the proposed garage, in front of the garage, and other locations on site. The Estes Valley Comprehensive Plan was implemented in 1996. Blanket zoning overlays were done at that time and created non-conforming properties. 425 Chapin Lane (.27 Acre) was zoned E-1 Estate (1 acre minimum) creating a situation where the pre-existing home barely lies within the new building envelope allowing virtually no improvements or additions. The bypass road came long after the creation of the Al Fresco Subdivision Plat (1909). The associated "Arterial" Setbacks that came with the bypass are an undue hardship, particularly given the large right-of- way and the actual distance from the proposed addition and the physical nearest edge of the bypass road (at very near 52' away). If there are any questions, please phone me at (970) 586-9388 ext. 30. Sincerely, 1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • Fax: 970-586-8101 • E-mail: vhe@;airbits.com DOC1'ER CONSTRUCTION, LLC 515 GRAND ESTATES DRIVE ESTES PARK. CO 89517 970-586-3033 February 13, 2017 Estes Valley Board of Adjustment Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 RE: Statement of Intent: We are asking for a Setback Variance and a variance to the Land Use Regulation 5.2 (9) Lot Area for: Joseph Urquhart 425 Chapin Lane Estes Park, CO 80517 TO WHOM IT MAY CONCERN: The Estes Valley Comprehensive Plan was implemented inl 996. Blanket zoning overlays were done at that time and created non-conforming properties. 425 Chapin Lane (.27 acre) was zoned E-1 Estate (1 acre minimum) creating a situation where the pre-existing home barely lies within the new building envelope allowing virtually no improvements or additions. The arbitrary zoning has created a hardship for the owners who now wish to build an addition to their home. The addition would be attached to the house with a garage on the ground level and an apartment above. The owner's ailing parents would live in the apartment and the garage would allow for vehicle storage. The specific hardships we wish to address are: 1. Setback requirements. The 25' setbacks resulting form the E-1 Estate rezone have created a restricted envelope. 2. Lot shape. The triangular lot shape is not standard and creates a restricted envelope. 3. Lot size. The lot is undersized (.27acre) for being in E-1 Estate (1 acre minimum) zoning. 4. Ailing parents. The new ADU would be occupied by the owner's extended family. They wish to care for their ailing parents who are financially unable to provide a home for themselves. 5. Vehicle storage. The 4 occupants of the house each have a vehicle. They would like to be able to store 2 of the vehicles in an enclosed garage, out of sight from the street. Our variance request would include: (1) A variance to the 25' setback requirement along the south property line to allow for the proposed addition. The property adjacent to the south is US highway 34 bypass Right-of-Way. Wonderview Bypass is identified as a 2 to 3 lane arterial in the EVDC. However, E-1 Estate Respectfully. im & Eunice Docter Docter Construction. LLC zoning does not allow a setback for arterials greater than 25'. (2) A variance to the Land Use Regulation 5.2 (9) Lot Area. Lot area must be one and thirty-three one-hundredths (1.33) times the minimum lot area of the district. I discussed the ADU use with Randy Hunt and he said it was not an issue. The proposed ADU would include the following items allowed or required by code: A. 2nd kitchen B. Same address C. Interior access door (90 minute fire rated door) D. 2 hour firewall separation between units ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: Gerlea; irliOrrTl3l ui1 Record Owner(s):1r,5 r 1 1 1 (c v. c-f 4...t 11.. Street Address of Lot: Li 2- e\ I.- a vt(e_. 1^ -k e t I 4 Legal Description: Lot: L. r f 2 f Block: Tract: Subdivision: c. Vi eke Acici -?C'C' Parcel ID # : J 2— • Cl 7.— — 7 Sitt":: I nf orrnalio. Lot Size • Z 7 r Zoning Le -1 Existing Land Use Proposed Land Use KC S I t& -14 oL Existing Water Service F Town 1- Well r Other (Specify) Proposed Water Service ›S Town Well r Other (Specify) EPSD EPSD UTSI3 \\U. TSD 1- Septic Septic Proposed Sanitary Sewer Service Existing Sanitary Sewer Service Existing Gas Service Xcel 1 - Other r 14bne Site Access (if not on public street) VA t • A, Are there wetlands on the site? r Yes No y I Variance Desired (Development Code Section #Z et 3 C .,,1 — a CI S C" 4-ci; 144 e4,1 -1-' 1d)14 1 91-ttA4d.AN-. ._..s rak'e_ s ickiit , • 5. 2 (- . (Ac t. co— C I Name of Primary Contact Person Complete Mailing Address Prima Contact Person is L( r qY)fc m '7 r Owner rik A. • leant r Consultant/Engineer ft---"Application fee (see attached fee schedule) rf;--Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) f--1 copy (folded) of site plan (drawn at a scale of 1" = 20')** rV 1 reduced copy of the site plan (11" X 17") I— Digital copies of plats/plans in TIFF or PDF format emailed to ptanning@estes.org ** The site plan shall include information in Estes Valley Development Code Appendix B.V11.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Pork mf P.U. Box 1200 .6. ocGregor Avenue Estes Fork. (..C.) MTh I / Community Development Deporlrneni Phone: (9701577-37 .4. Fox: (970J 586-0249 .6., wvvw.estes.ofg/ComrnunityDevelopment Revised 2017.01.09 KT Record Owner(s) /P,rt/le, j tle0-`74-- Mailing Address Li z i 4 A kj La Phone ci ;s' 3 (I 3 Cell Phone C/ 711. 7— Fax • Email 173rd4t2 L14 et 1 / C_-0 17V? CI 6C-10‘S 950_11 ei Applicant Pt c,,± \4-4.-i 5 I 53 C-s- rckLi_ct. ; -VA* KCAOJ17 ——/P 77(!-- 5RE- (oc -c-tc() ci7C, Fax Email Consultant/Engineer Mailing Address Phone Cell Phone Fax Email e (1 cm c), 1/4 a. 4 1. t/c.I ti v- gti c) i it e <4.. i r e c ; 14 c"J 1 t [. / I/ 3 ereek 9 7L ,. 5 y(-.- 9-3 R$ c— Liir3 • 2-7 (L 1111 iC / Eve v e. cclivi APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: www.estes.orci/planninaforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 2017,01.09 KT Mailing Address Phone Cell Phone OWNER & APPLICANT CERTIFICATION 11". As Owner, I certify the information and exhibits herewith submitted are true arid correct to the best of my knowledge and I am the record owner of the property. 1' As Applicant, I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). P I acknowledge that I have obtained or have access to the EVDC. and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: https://www.municode.comtlibrary/CO/estes_valley/codes/development_code Pg. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the Information provided is incomplete, inaccurate, or submitted after the deadline date. IP' I understand that a resubmittal fee may be charged if my application is incomplete. II" The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application, 10' I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. le I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it Is clearly visible from the road. I understand that the corners of my property and the proposed buildingtstructure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. It' I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT:r V) e Applicant PLEASE PRINT: El I I r e CJ t-, Signatures: Record Owner Applicant /4, Date 1' Date 2-1/3// 7 Revised 2017.01.09 KT . i-T,..1-,-._ - : ; '. r,,i, , :, , 4,,f0,'.: ,. . - 4 . • - Mac. Not ' ,..,•.. *nifty : (onth,feci4 . i ., jiaranurk Lot . Pt,i ::...- sisnairat Ill po. A . .. - ford Ergo 0) ..: . . . . Afrilmigibadingork.tbni- _:_:. ii .1 '-floperty0estabackoskp 11 .. : f Midi 2..7 0.0014 104111i • f :1 .ii, --i•-::',, , taiii, .k 0ourift . ,,i, .411,1 ; sigki-4., aglow r. * WI* • Oa,.'- '.. . Anot;,-':, . :'. 4 fig t) . - . ' , ' '" .-; , ';':-. ` ... , r, ... 2 ... FAWN . II ', 1: SI* ' - it) . , - ., ROar . ; fa - WM:, ' ft) ler . RE-1 1/10 Ac. 10 Ac. 200 50 50 50 30 20 RE 1/2,5 Ac. 2.5 Ac. 200 50 50 50 30 20 E-1 1 1 Ac. [3] 100 25 25 25 3D 20 E 1 2 V* Ac. [3] 75 25-arterials; 15- other streets 10 15 30 20 R 4 Vi Ac 60 25-arterials; 15- other streets 10 15 3D 20 1/.1 8 5,000 50 15 10 15 30 20 - R-2 4 Single-family = 18,000; Duplex = 27,000 60 25-arterials; 15- other streets 10 10 30 20 RM (Ord. 18-01 §14) Residential Uses: Max = 8 and Min = 3 Senior Institutional Living Uses: Max = 24 40,000, 5,400 sq. ft./unit [6] (Ord. 25-07 §1; Ord. 15- 11 §1) Senior Institutional Living Uses: Y2 Ac. _. 60; Lots Greater than 100.000 sq. IL: 200 25-arterials; 15- other streets 10 (Ord. 15-11 §1) 10 30 20 [5] .Z7 Zoning Districts § 4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts Notes to Table 4-2 (1) (a)See Chapter 4, §4.3.D. which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.D.1. (b) See Chapter 11, §11.3, which allows a reduction In minimum lot size (area) for clustered lots in open space developments. (c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing. (d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1) (2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1) (3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, 'Adequate Public Facilities' (4) All development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor area ratio (FAIR) of .30 and a maximum lot coverage of 60%. (Ord. 25-07 §1) (5) Minimum building width requirements shall not apply to mobile homes located In a mobile home park. (6) Single-family and duplex developments shall have minimum lot areas of 18.000 s.f. and 27.000 s,I., respectively. (Ord 18-01 §14) (7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property fine, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord, 11-02 §1; Ord. 25.07 §1) (8) See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 §3) (Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord, 15-11 §1) 4-7 S ul3n 12 ChapinLnVariance-100.xls Page 1 Owner Lois Smith Revocable Trust Jeanne Swillum Trust Bruce Crowley Annie Kelston & Christi Kramer Joseph Urquhart Owner H Address City ST Zip 410 Big Horn Dr Estes Park CO 80517 2279 Finch Ln San Diego CA 92123 951 University Dr Estes Park CO 80517 430 Big Horn Dr Estes Park CO 80517 PO Box 3064 Estes Park CO 80517 1,1 T. IALier.-Z4 FOSSOLE I0 20.120 EAMON 15 (seams-sew tyLsel \ O0,01 A 4' SET4F, LINE AS 300.1. sarstssx 'war 1`.. • ON NE AW:NOCT Th.AT OF .LOT 122 ANO 00E1CTE0 THRCOGR This S.R.TECT PROPET, (SEE NOTE •I FIRM 3' INT MUM Rams CAP ENGT.,E0 ix CONCRETE mm0, (swarm's 3130 039'05,47 -1V REGITBORINC A PORTION OF LOT 121 (0.2?- ACRES) LOT 122A 01T0 CANE LOWER LEVEL FFE,000.0. lG GNP 0.,LVER1.---___ 8 0 at Of 00 C4 a. N DRAWN BY: LDN CHECKED 07; SCN_Z DATE 2-13-2017 SHEET 1 OF 1 t 0 .:c 0 CT 0 w URQUHART: SITE PLAN FOR GARAGE ADDITION LEGAL DESCRIPTION (PER LARIMER COUNTY ASSESSOR): A PORTION OF LOT 121 AL FRESCO PLACE ESTES PARK; LARIMER COUNTY, COLORADO NORTH EDGE OF PAVEMENT FOR THE WONDERVIEW BYPASS OWNER: JOSEPH URQUHART PROPERTY ADDRESS MAILING ADDRESS 425 Chopin Lone PO BO% 3064 Estes Perk, CO 50517 Estes Park, CO 60517 PURPOSE. THIS SITE PLAN IS TO PROVIDE EXISTING CONDITIONS OF SITE IN ORDER TO CONSTRUCT A NEW GARAGE WITH LP/NG SPACE ABOVE. 1319111& I. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND SHOULD NOT BE RELIED UPON AS AN IMPROVEMENT SURVEY NOR A LAND SURVEY PLAT. 2, OWNERSHIP AND EASEMENT RESEARCH IS BASED ON COUNTY RECORDS AND THE PLAT OF RECORD. NO OTHER RESEARCH WAS PERFORMED. 3. THIS PROPERTY IS CURRENTLY ZONED "E-1. IN THE LARDER COUNTY ZONING CODE, WHICH REQUIRES 25 FOOT BUILDING SETBACKS ON ALL SIDES OF THE LOT. 4. BASIS OF BEARINGS IS THE NORTH EASTERN LOT LINE-ASSUMED TO BEAR 5.32'18.00-E AND MONUMENTED AS SHOWN ON THIS SITE PLAN 5. ELEVATIONS SHOWN ARE BASED ON AN ON-SITE SURVEY CONTROL NAIL POINT ASSUMED TO RE 7645 FEET AS SHOWN ON THIS SEE PLAN, THIS ON-SITE ELEVATION IS FROM GOGGLE EARTH. 6. NO UTILITY LOCATES WERE PERFORMED. UTILITIES SHOWN ARE BASED ON FIELD INFORMATION. 7. TREES ARE SHOWN AROUND RUILEILNG SITE. DRIP LINES SHOWN ARE APPROXIMATE. 8. AN ADDITIONAL FIELD EFFORT OCCURED IN ORDER TO FIND SAID SEWER MMN IN THE AREA. FROM THIS EFFORT, IT WAS DETERMINED THAT THE SEWER MAIN WAS RE -ROUTE° AROUND LOT 122A AND AND ENDED UP TO THE SOUTH OF SUBJECT LOT. LEGEND 0 UTILITY POLE ▪ GAS • ELECTRIC BOX • SEWER CLEANOUT • MANHOLE 0 WATER STOP BOX —OHO— OVERHEAD UTILITY UNE FENCE MINOR CONTOUR MAJOR CONTOUR ---S— SEWER LINE EXISTING TREES 00.05 MEASURED DIMENSIONS (00.00) PLAITED DIMENSIONS RECEIVED APRIL 5, 2017 COMM. DEV. SCALE 1"-10' 0 10 20 30 0 PRIM. ND. 2016-12—la I . I .1 ! .I , .1 I !. 1 1.•.Im,I. ...I _!.. .. I I a I. T--. 1 'I ••••!-,•-•!• ! I ; • . . • . , I. . ,,rim i.141:101Agr.izE•sms I . Pocrgi.z.c.ipastgue-row.L.Le I . I 1 I !;t2:5"c'Hosi,INLI,iirl 1 1 I .• I . 117O 5s4 61113 I 1 I I .I I . I. .1 I rkrufff+.1i(-iiger;517 , I I 1;413 1 1 I illi I;;- !HI' -.N.Eltl i -itJp.;. • 11 iii!!! ;1 i11: i: li !ii:1!• i !• 1 I 4 . 1 ; MAItii Luvcii-oP irx L.ST4NG 14o,Ai 6' A149.,6tOgis(fri API. TioPi I! ! I 1 lig FOO1 ; !.. I, : • ! I ! \ VI- I ;HAW • 1 I I ; I I ; 1 1 1.I I . ....El - I I L i 1. • . 1 • IIi . glI.1511176 ' 1 - 1 I • rj • • • • • I i • 1,1015* F4111) eqsrsjcg I I. i czaisraucrica .id,relopyro LAkis I .1 . 970 S.su.2,03; 14 PMAc.ot'os171 .t J.. 1 i•rioi, 2°17 I![_ II . .1 . !. I. - I 1 ! L 1 I I 1.1 1, HiiP zropADC i , ' ! 1 ' 1 ' • . .111 L I 1! / 11 I . I 1) I 1 ! I i I iii : I I .'t;Cr\ 1 "" a4"*" : I • ) V % illa i I I, I •._ 1 _L.: 1 I 1 • I.\---ti li-1 1 I I ' I PitoPosirp girt ritia ;+ i• 1 1 i i I f H I I I I . ! .. , ' ubwtrt Lc;;?-1. N. PRoPipm Apoirria PM El I 1 i . I_ I. I ; ; I I . ectiflo.girreu pciumortik NI .41.5anig a; ttamr .• i i \/, _ J ....... J i IN I';H,111 IiL,.,.!.1_ .! 1 I 1 1 i , i .... ! .1 .1 , . i 1 1 f 1 I . - 1 ! ). i ; , I , 1 . - i • i i ,' i II f I. i . i• i 1 _ li..L RECEIVED APRIL 5, 2017 COMM. DEV. iti I— I • . -,•• -] ------- - -- :i--,.4„,,,i., 1 .. tiL.2,.. 1. .....,__f _..r_. . . 1:11_ ..1 J. [ ..__...1__. , 1. _. --1—L-- , , _ 1._ ... _, ,1 •1 il 14••'-' rIIITpTL1FT - m!..,414.571rsokkicc.1+47._i_ . - -4-- I .1*-/".4.1.41.1:0104,,;.• • 1 Ti ! —. , I 1 — 11 7- --- I _ +,4 • r 1. •L _LI.... -rt - ---1"" i Ir . • I IL - -1 -1 II I . 111 , I I 1 , , 1 i 1 E • .-1-1 1-41-1r11-- .-....- - -- Ti-r.----- - -L- , • _ --r-- r j n .r 1_ r-...1... ...._ -...,__.., ..---rr.:1 1 t 1 -i i, 1- r [ LI '1___ t_..d _i_[... ., _t___ _ 1..,,_L_ 1 i_i__Ii .. il ---i_L i j. --- ---1 TT 9 -1---1- H Li_ TT .L. 1--r--1 --1- -,, 1 • i 1—.1] HhIH I -1 I.I 04.avww.r.Apoirliol . _ „ .1 I , I I ' I I -r _117.7 .L. L j . ; ! . t I et ahrj c r ) 14 1 1; 4. 4 _ • __