HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2008-08-05Prepared: July 29, 2008
Revised:
AGENDA
ESTES VALLEY BOARD OF ADJUSTMENT
Tuesday, August 5, 2008
9:00 a.m. — Board Room, Town Hall
1. PUBLIC COMMENT
2. CONSENT
a. Approval of minutes dated June 3, 2008
3. REQUESTS
a. Metes & Bounds parcel, a Portion of Stanley Addition, located at 561 Big Thompson
Avenue
Owner: Schrader Land Co., LLLP
Applicant: Owner
Request: Variance from Estes Valley Development Code Section 4.4, Table 4-5, to
allow the location of a 10-foot-by-l0-foot storage shed within one foot of
the northern and eastern property lines in lieu of the 15-foot setback
required in the CO — Commercial Outlying zoning district
Staff Contact: Dave Shirk
b. Metes & Bounds property located at 974 Rams Horn Road
Owner: William E. Monks
Applicant: Owner
Request: Variance from Estes Valley Development Code Section 4.3, Table 4-2, to
allow the enlargement of an existing deck and stairs to be located 38 feet
from the northern property line and 15 feet from the western property line,
and to allow steps to access the residence to remain adjacent to the
western property line, in lieu of the 50-foot setbacks required in the RE
Rural Estate zoning district
Staff Contact: Alison Chilcott
4. REPORTS
5. ADJOURNMENT
Note: 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
Regular Meeting of the Estes Valley Board of Adjustment
June 3, 2008, 9:00 a.m.
Board Room, Estes Park Town Hall
Board:
Attending:
Also Attending:
Absent:
Chair John Lynch, Members Cliff Dill, Chuck Levine, Wayne Newsom,
and Al Sager; Alternate Member Bruce Grant
Chair Lynch; Members Newsom and Sager, Alternate Member Grant
Director Joseph, Planner Shirk, and Recording Secretary Roederer
Members Dill and Levine
Chair Lynch called the meeting to order at 9:00 a.m.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
a. Approval of the minutes of the May 6, 2008 meeting.
It was moved and seconded (Newsom/Sager) to approve the minutes as
presented, and the motion passed unanimously with two absent and one
alternate member In attendance.
3. LOT 2, BLOCK 6, WINDCLIFF ESTATES 5th FILING, 3469 EAGLECLIFF CIRCLE
DRIVE, Owner: Gary & Judy Peet, Applicant: Don Darling — Request for variance
from Estes Valley Development Code Section 4.3, Table 4-2, to allow front -yard
setbacks of 15.26 feet from the northeastern property line and 12.39 feet from the
southwestern property line, as set forth in the proposed plan, In lieu of the 25-foot
setbacks required in the E-1--Estate zoning district
Planner Shirk summarized the staff report. This is a request for reduction of the required
25-foot setback in the E-1—Estate zoning district. The lot is bordered on two sides by roads
and by platted open -space lots on three sides. There is an existing residence on the lot
that was built partially within the required setbacks. The applicant would like to build a
small addition to their front sitting room (an 11-foot»by-2-foot addition to the northeast side
of the residence) and an addition, including a new deck and stone patio with a retaining
wall, on the southwest corner of the residence. The existing deck on the southwest side of
the house would be removed. The proposed additions, new deck, and stone patio would
encroach into the required setbacks.
In considering whether special circumstances or conditions exist, the 0.37-acre lot is
undersized for the E-1—Estate zoning district (which has a one -acre minimum lot size), has
open space on three sides as noted above, and is steeply sloped. The essential character
of the neighborhood would not change. Several other similar lots in the Windcliff
subdivision have received similar variance approvals.
The variance request was routed to all applicable reviewing agency staff and to
neighboring property owners for consideration and comment. A telephone inquiry was
made by a neighboring property owner; no concerns were expressed. A letter in support of
the requested variance was received from the Windcliff Property Owners Association
Architectural Control Committee on May 30, 2008.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 3, 2008
2
Planning staff recommends approval of the requested variance with two conditions of
approval.
Public Comment:
Don Darling/Applicant stated the owners wish to make improvements to their home.
Approval of the requested variances wii'ii result in an improvement to the exterior
appearance of the home. The new deck and addition will be less intrusive than the existing
deck, which will be removed.
It was moved and seconded (Sager/Newsom) to approve the variance request for Lot
2, Block 6, Windcliff Estates 5'h Filing, 3469 Eaglecliff Circle Drive, to allow front -
yard setbacks of 15.26 feet from the northeastern property line and 12.39 feet from
the southwestern property line, as set forth in the proposed plan, in lieu of the
required 25-foot setbacks, with the findings and conditions recommended by staff,
and the motion passed unanimously with two absent and one alternate member in
attendance.
CONDITIONS:
1. Prior to pouring foundation and footings, submittal of a setback certificate verifying
layout of building and deck improvements as per the approved plan shall be prepared
by a certified engineer, surveyor, or architect.
2. Submittal of a building permit application demonstrating compliance with the submitted
site plan.
4. REPORTS
Director Joseph stated he has been communicating with Larimer County regarding the
current opening on the Board. Mr. Bob McCreery has indicated an interest in filling the
position and is in attendance. Director Joseph expects the position to be filled within the
next month.
Member Sager requested information on the Ellkhorn Lodge Redevelopment proposal
currently under review by the Estes Valley Planning Commission and Estes Park Town
Board. He asked whether there would be variance requests associated with the
development and expressed a desire that the project be planned to minimize the
necessity for variances, citing the numerous variance requests processed over thirty or
forty years for the Windclliff Subdivision. Director Joseph stated the proposal will be
reviewed via separate development plans for different portions of the property. At this
point there are no specific variance requests identified for the project, although there is
not sufficient information at this time to determine whether variance requests for the
property will come before the Board of Adjustment. There will be platted building
envelopes on the single-family residential lots, which will govern; it is understood by the
developer and by planning staff that these building envelopes will be "hard and fast" and
will not be strayed from.
There being no further business, Chair Lynch adjourned the meeting at 9:18 a.m.
John Lynch, Chair
Julie Roederer, Recording Secretary
Schrader's Country Store Variance
lip Request
Estes Park Community Development Department
imummoi Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
DATE: August 5, 2008
REQUEST: Side and rear setback
variance to allow small "skid" storage shed
in the NE comer of the lot.
LOCATION: 561 Big Thompson
Avenue, within the Town of Estes Park
APPLICANT: John Howe
PROPERTY OWNER: Schrader Land CO, LLLP
STAFF CONTACT: Dave Shirk
SITE DATA TABLE:
Engineer: N/A
Parcel Number: 3524428007
Number of Lots: One
Development Area: .53 acres
Existing Land Use: Gas Station
Proposed Land Use: Same, with storage shed
Adjacent Zoning-
East: "CO" Commercial outlying
West: "CO" Commercial outlying
Adjacent Land Uses -
East: Stables
West: parking/shopping
Services -
Water: Town
Fire Protection: Estes Park Volunteer
Existing Zoning: "CO" Commercial outlying
North: "CO" Commercial outlying
South: "CD" Commercial Downtown
North: Movie theatre, restaurant
Sewer: EPSD
PROJECT DESCRIPTION AND BACKGROUND: This is a request to located a
small "skid shed" near the northeast corner to the "Shrader's Country Store" lot at 561
Big Thompson Avenue. In 2006, the Estes Valley Board of Adjustment granted a
variance to allow a new canopy to be located within the front setback. The canopy was
part of an overall store/site remodel that included replacing the old repair bays with retail
space, new signage, and landscaping. Because of the added retail space, the applicant
desires to add storage space, with the proposed 10x10 shed being the solution.
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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 set forth below:
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 Comment: The shape of the lot and the existing building/circulation pattern
combine to create special circumstances. Locating the structure elsewhere would
have more visual impact on Big Thompson Avenue, and could hinder vehicular
circulation on a lot that has an unusual shape.
Page #2 •-Schrader's Country Store Side/Rear Yard Setback Request
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 Comment: The property may continue its current commercial operations.
The BOA approved a variance in 2006 to allow replacement of the old canopy.
That project also included expansion of the retail sales area of the store. This in
turn has led to a need for additional storage area.
b. Whether the variance is substantial;
Staff Comment: The Board should use their best judgment if the requested
variance is substantial.
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 Comment: The proposed location of the shed would have the least impact
of any location, and would not alter the character of the neighborhood.
d. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Comment: The applicant owned the property prior to the adoption of the
Estes Valley Development Code.
e. Whether the Applicant's predicament can be mitigated through some method other
than a variance.
Staff Comment: The shed could be located in other conforming locations, but
could affect the vehicular circulation patterns of the business.
3. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Comment: The Board should use their best judgment if the requested variance
represents the least deviation that would afford relief; Staff suggests it is.
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.
Page #3 naSchrader's Country Store Side/Rear Yard Setback Request
REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted
to all applicable reviewing agency staff for consideration and comment. At the time of
this report, no significant issues or concerns were expressed by reviewing staff relative to
code compliance or the provision of public services.
Public Works requested additional sidewalk be installed to complete the sidewalk poured
near the southeast property corner. This has been included as a suggested condition of
approval.
Light and Power has requested a short delay in "planting" the shed. The purpose of the
delay is to allow removal of an overhead transformer. This has been included as a
suggested condition of approval.
Building Department had several comments regarding building code requirements; these
have been included as suggested conditions of approval.
STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds:
1. Special circumstances exist.
2. The property may continue to be used for commercial use.
3. The Applicant's predicament could not be mitigated through some method other
than a variance.
4. The character of the neighborhood would not be affected.
5. The Board should use their best judgment if the requested variance is substantial.
6. The Board should use their judgment if the requested variance represents the least
deviation that would afford relief.
7. The applicant has owned the property since before the adoption of the EVDC.
8. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were expressed by
reviewing staff relative to code compliance or the provision of public services.
9. The variance would not adversely affect the delivery of public services such as
water and sewer.
10. The submitted conditions or circumstances affecting the property are not of so
general or recurrent a nature as to make reasonably practicable the formulation of a
general regulation for such conditions or situations.
11. Approval of this variance would not 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.
12. Approval of this variance would not 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;
Page #4 —Schrader's Country Store Side/Rear Yard Setback Request
Therefore, Staff recommends APPROVAL of the requested variance CONDITIONAL
TO:
1. A surveyor's certificate shall be presented to the building department within one
week of placement of the structure on site. This certificate shall verify the
structure is located as delineated on the approved site plan.
2. Compliance with the following memos:
a. From Will Birchfield to Dave Shirk dated July 25, 2008.
b. From Tracy Feagans to Dave Shirk, Bob Goehring, and Scott Zum, dated
July 25, 2008.
c. From Greg Sievers to Dave Shirk dated July 16, 2008.
SUGGESTED MOTION: 1 move APPROVAL of the requested variance with
the findings and conditions recommended by staff.
LAPSE: 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 shall
automatically render the decision of the BOA null and void.
Page #5 Schrader's Country Store Side/Rear Yard Setback Request
ESTES �ro :.a,�, P A R K
COL 0 R A D 0
Memo
To: Dave Shirk, Bob Goehring, and Scott Zum
From: Tracy Feagans
Date: July 25, 2008
Re: Schrader's Country Store, Variance Request, 561 Big Thompson Ave.
After reviewing the Development plan the Public Works Department has the following comments:
Engineering:
Light & Power:
1. We would like to place this on hold until we can obtain permission from the adjacent
property owners to the east (Silver Lane Stables) to convert their service from 120/240 to
120/208 and feed them from the new existing pad mount transformer. The proposed
storage building as shown would be located directly in front of the stables existing
overhead transformer and pole making it difficult to access in the event of an outage or
problem. It is our desire to eliminate the overhead transformer and pole. A call has been
placed to the stables owner Betty Whiteside.
2. I met with Betty Whiteside from Silver Lane Stables; she gave us the go ahead to remove
the overhead transformer and pole. So we will connect her service to the existing pad
mount transformer and convert her power to 120/208 from 120/240 volts. Once this is
accomplished, Schrader's Country Store can plant their storage shed.
Water:
After review of the Variance Request the Water Department has no comments.
• Page 1
S T E S P A R K
COL 0 R A D 0
7. , , ,6"
970-577-3586, gsievers@estes.org
Memo
To: Dave Shirk
From: Greg Sievers
Date: July 16, 2008
Re: Schrader store, 561 Big Thompson Ave.
After reviewing the Variance Proposal the Public Works Department has the following
comments:
This item should be compulsory to approval of any Variance.
Engineering: install 72sf of concrete to complete safe pedestrian sidewalk along frontage of
Highway 34.
Note: the original site plan (October 2007. Page C1.1) did not accurately show this portion of the
site. Therefore staff was unable to provide thorough and appropriate review. Also, the
construction team did not work smoothly with Town staff, which again made it difficult to provide
timely and accurate inspections.
Since the remodel, we have discovered that we need a little extra concrete poured along Highway
34. The original drawing did not clearly identify the existing dirt area in front of their proposed
planter box & sign area, which now creates a hazard to the pedestrians. (approx. 2.5' x 24' =
approx. total 72sf)
• Page 1
MEMORANDUM
To: Dave Shirk, Planner II
From: Will Birchfield, Chief Building Official
Date: July 25, 2008
Subject: Variance Request
Schrader's Country Store
561 Big Thompson Ave.
The Department of Building Safety has reviewed the application for the Variance Request for the
above -referenced property and offers the following comment(s):
1. The building must be designed to local geographic and climatic design criteria.
(winds, snow, etc.)
2. Portions of the shed less than 10 feet from the property line require minimum one
hour construction and portions less than 5 feet require minimum two hour
construction.
SCI RADER ell
Statement of Intent:
P.O. Box 495 • Fort Collins, CO 80522 • (970) 484-1225
Schrader's Country Store #480, located at 561 Big Thompson was recently remodeled.
Since the remodel, we have discovered that we need a little extra storage during the
summer months. We are asking for permission to place a 10' x 10' storage shed
(portable) on the northeast corner of the property, two feet from both the north and east
property line.
The 10'x10' shed will be used to store paper products as well as other non-food type
supplies.
The shed can be moved, as it will not be "tied" down to the ground. We would move it
using a boom truck with crane, and/or front-end loader, The proposed shed will sit on
"skids" for easy future movement.
The colors will be a neutral beige such as Sherwin Williams # 6143 "Basket Beige".
This color will blend well with existing building colors.
The proposed shed will not sit on any utility easements.
Please contact me if I can answer any questions for you.
Thank you for your consideration.
John Howe
Schrader Oil Co
320 N. College Ave.
Fort Collins, CO 80524
970-484-1225
johnhowe@schraderoil.com
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATION
Submittal Date:
General Information
Record Owner(s): $t ra AAA Le., LLL f
Street Address of Lot: 5f.
'Legal Description Lot:
Parcel ID #
Site Information
C
EC") 0,+ip6cr
Subdivision: 40 3052
Lot Size 22-,'E0 %
Block:
- Elai•ec par K
S re-7 Add
Section
Existing Land Use Con.e.44t•er�.c S
Tract:
� • v`
Township Range
Zoning CO.Y>,nerr,
Proposed Land Use 5-
Existing Water Service 17-Town I.w_ Well Fw: Other (Specify)
Proposed Water Service X Town r Well "" Other (Specify)
Existing Sanitary Sewer Service EPSD I""" UTSD Septic
Proposed Sanitary Sewer Service EPSD r UTSD f Septic
Existing Gas Service A Xcel I''" Other r None
Site Access (if not on public street)
Are there wetlands on the site?
Variance
a Specific variance desired (state development code section #): 54or..5 a Sheet
— Eon c,
Primary Contact Information
Yes
Name of Primary Contact Person �J vIi,, Howe
No
Mailing Address 320 N • [aI/eye /4ye . F¢ (a , $c5-
Attachments
f Application fee (see attached fee schedule)
Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code)
1T 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ••
1 reduced copy of the site plan (11" X 17")
5Z Names & mailing addresses of neighboring property owners (see attached handout)
" The site plan shall include information in Estes Valley Development Code Appendix B.VII.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 Park .a P.O. Box 1200 -e• 170 MacGregor Avenue Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 •ac Fax: (970) 586-0249 - www.estesnet.com/ComDev
Contact`lnforma tion
Primary Contact Person is Owner Applicant I° ConsultantlEngineer
Record Owner(s) (R ot , GIL f
Mailing Address 320 !t/ . (0/(qe /9lie . IW , 6 (lv.• s / 45 . e9o5z4
Phone 9 - 494- r225
Cell Phone y ?"O - 566 56oz
Fax 79 440 - z 32l
Email V , o r. atin �c @ Sdz.carroa. co,,,
Applicant • ate. (fps
Mailing Address
Phone c...--"
CeII Phone
Fax
Email
ConsultantlEngineer
Mailing Address
Phone
Cell Phone
Fax
Email
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.estesnet.com/ComDev/Schedules&Fees/PlanningApplicationFeeSchedule.pdf.
6/7--.
All requests for refunds must be made in writing. All fees are due at the time of submittal.
tot R6(c ?v (t9 cu,(e QYi jr. , Li; r cal*,
ECEOVE
2D 2.00
APPLICANT CERTIFICATION
► 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).
► 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 www.estesnet.com!ComDevlDevCode.)
P. 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.
I. I understand that a resubmittal fee will be charged if my application is incomplete.
► The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
O. 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.
► 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.
► 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 comers of
my property and the proposed building/structure comers 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.
► 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) y e
receiving approval of the variance shall automatically render the decisio
Valley Development Code Section 3.6.D)
Names:
Applicant PLEASE PRINT.
Signatures:
Record Owner
Applicant
Revised 10/13/06
Zoning Districts
Zoning
District
A
A-1
CD
CO
§ 4.4 Nonresidential Zoning Districts
4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
Minimum Land
Area per
Accommo-
dation or
Residential Unit
(sq. ft. per unit)
Accommodation
Unit =1,800 [1];
Residential
Units: SF =
9,000;
2-Family =
6,750;
MF = 5,400
10,890
Accommodation
Units Only =
1,800;
SF & 2-Family
(stand-alone) =
9,000;
MF = 9,000 +
2,250 for each
dwelling unit
located on
ground floor
n/a
Minimum Lot Size [7]
Area ,
(sq ft)
40,000 [2]
15,000 [2]
Accom-
modation
uses =
20,000
Ali other
uses = n/a
Lots
fronting
arterials =
40,000
[2];
Outdoor
Commer-
cial
Recreatio
nl
Entertain-
ment =
40,000 [2]
All other
lots =
15,000 [2]
Width
(ft.)
100 [3]
50 [3]
SF&2-
Family
(stand-
alone)
25;
MF
(stand-
alone) =
100;
All other
uses =
n/a
Fronting
arterials =
200;
All other
lots = 50
Minimum
Building/Structure
Setbacks [4] [8]
Front
(ft.)
Arterial
= 25 [5];
All other
streets
= 15
Arterial
= 25 [5];
All other
streets
= 15
Mini-
mum =
8
Maxi-
mum =
16
Arterial
25 [5];
All other
streets
=15
Side
(ft)
15 [6]
15
If lot
abuts
a resi-
den-
tial
prop-
erty =
10;
All
other
cases
=0
15 [6]
Rear
(ft.)
10 [6]
10
If lot
abuts a
residen-
tial
property
= 10;
All other
cases =
0
Max.
Buildin
9
Height
(ft-) [9]
30
30
30
15 [6] 30
Max.
FAR
N/A
.20
2.0
.25
Max. Lot
Coverage
(%)
50
30
n/a
65
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974 Rams Horn Road
Setback Variance Requests
Estes Park Community Development Department
Town Hall, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
I. PROJECT DESCRIPTION/BACKGROUND
DATE OF BOA MEETING: August 5, 2008
LOCATION: The site is located at 974 Rams Hom Road, within
unincorporated Larimer County. Legal Description: This is a metes and
bounds parcel, not a platted lot.
APPLICANT/PROPERTY OWNERS: William E. Monks
STAFF CONTACT: Alison Chilcott
APPLICABLE LAND USE CODE:
Estes Valley Development Code (EVDC)
REQUEST:
This property contains an existing 670-square-foot cabin, which was built in
1960. The cabin is located on a 0.63-acre lot zoned RE -Rural Estate.
The property owner has applied for a variance to replace an existing deck
with a slightly larger deck in the same general location and applied for a
variance to allow recently constructed stairs leading to the cabin to remain
adjacent to the western property line.
Specifically, the owner requests the following variances to Estes Valley
Development Code Table 4-2, which establishes fifty -foot setbacks from all
property lines in the RE -Rural Estate zoning district.
1. A twelve -foot variance to the fifty -foot minimum required northern
setback in order to build a deck thirty-eight feet from the property line.
2. A thirty -five-foot variance to the fifty -foot minimum required western
setback in order to build a deck fifteen feet from the property line.
The owner also requests a variance to EVDC §1.9.D.B.1(5), which states,
Steps to the principal entrance and necessary landings, together
with railings, that comply with the Uniform Building Code,
[are permitted to encroach into the setback] provided they do
not extend more than six (6) feet into the required setback.
If approved, this variance would allow detached steps to remain adjacent to
the western property line. These steps lead from the parking area to the
house, and per the property owner, they were recently installed in the same
location as old steps that were in disrepair.
Staff is supportive of the variance requests.
II. SITE DATA AND MAPS
Number of Lots/Parcels One
Parcel Number(s) 340-22-00-003
Lot Size
Zoning
Existing Land Use
Proposed Land Use
SERVICES
Water
Sewer
0.63 acres
27,443 square feet per Tax
Assessor records
RE -Rural Estate
Sin_le-Famil Residential
Single -Family Residential
Cistern
Septic
Fire Protection
Town of Estes Park
Electric
Town of Estes Park
Telephone
west
Page #2 974 Rams Hom Road Setback Variance Request
LOCATION MAP
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AERIAL PHOTOS
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Page #3 ---974 Rams Horn Road Setback Variance Request
As shown on the above aerial photo, the parcel to the south and east is
undeveloped. The three lots immediately to the north and west are
developed with single-family residential homes.
III. REVIEW CRITERIA
All variance applications shall demonstrate compliance with the standards
and criteria set forth in Chapter 3.6.0 and all other applicable provisions of
the Estes Valley Development Code.
This variance request does not fall within the parameters of staff -level
review and will be reviewed by the Estes Valley Board of Adjustment.
IV. REFERRAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and
neighboring property owners for consideration and comment. The following
reviewing agency staff and/or adjacent property owners submitted
comments.
Larimer County Building Department. See Stan Griep's memo to Alison
Chilcott and William E. Monks dated July 18, 2008.
Larimer County Planning and Building Services Division. See Candace
Phippen's memo to Alison Chilcott dated July 17, 2008.
Larimer County Department of Health and Environment. See Doug
Ryan's memo to Alison Chilcott dated July 21, 2008 and email to Alison
Chilcott dated July 23, 2008.
V. STAFF FINDINGS
Staff finds:
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.
Page #4 -974 Rams Horn Road Setback Variance Request
Staff Finding:
Staff finds that there are special circumstances associated with this
property. Practical difficulty may result from strict compliance with the
Estes Valley Development Code standards, and the requested variance
will not have the effect of nullifying or impairing the intent and
purposes of either the specific standards, the Code, or the
Comprehensive Plan.
As described in more detail below, the application of fifty -foot setbacks
to an undersized lot, the location of the existing house and deck, and the
natural characteristics of the lot combine to create special circumstances.
At approximately 0.63 acres, this lot is much smaller than the 2.5-acre
minimum lot size for new lots in the RE -Rural Estate zoning district.
The lot is closer to the 0.5-acre minimum lot size for E-Estate-zoned
lots. Setbacks in the E-Estate zoning district are fifteen feet from front
and rear property lines and ten feet from side property lines,
significantly less than the fifty -foot setback required in the RE -Rural
Estate zoning district.
The house is located in the northwest corner of the property, rather than
centered on the lot. The house encroaches into the western setback, and
the existing deck encroaches into both the western and northern setback.
By placing the house in this location, on the downhill portion of the site,
and by keeping the house in close proximity to the shared driveway
below, the impact to the land was minimized. This site is steeply sloped,
rocky, and heavily treed, so additional grading and land disturbance
could have a significant impact.
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: Staff finds there can be a beneficial use of the
property without the requested variance. The house could remain;
however, replacement of the existing deck and the old stairs would
require a variance.
Page #5 --974 Rams Horn Road Setback Variance Request
b. Whether the variance is substantial.
Staff Finding: The variance request is not substantial. The proposed
setbacks are greater than those permitted in the E-Estate zoning
district.
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 finds that the essential character of the
neighborhood will not be substantially altered and that adjoining
properties will not suffer a substantial detriment.
The deck is not located close to any structures on adjacent
properties. The slight increase in size will not have a significant
visual impact on adjacent properties.
Staff has not received any letters in support or opposition to the
request, and adjoining property owners have not stated that they will
suffer a substantial detriment.
d. Whether the variance would adversely affect the delivery of
public services such as water and sewer.
Staff Finding: This variance will not adversely affect the delivery of
public services.
e. Whether the Applicant purchased the property with knowledge
of the requirement.
Staff Finding: This standard addresses whether or not the Code
requirements changed during current property owners' ownership of
the property. For example, did the property owner purchase the
property prior to adoption of the required setbacks?
This standard is not intended to address whether or not the property
owner reviewed Estes Valley Development Code to determine which
setbacks are applicable to his/her property.
Per the Larimer County Tax Assessor records, the applicant
purchased the property in 2005, after the Estes Valley Development
Code was adopted in 2000. Therefore the property owner purchased
the property with knowledge of the requirement.
Page #6 ---974 Rams Horn Road Setback Variance Request
f. Whether the Applicant's predicament can be mitigated through
some method other than a variance.
1. Staff Finding: The applicant's predicament cannot be mitigated
through some method other than a variance.
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.
Staff Finding: The submitted conditions or circumstances affecting the
applicant's property are not of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such
conditions or situations.
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 would not reduce the size of the lot.
5. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The variance, if granted, represents the least deviation
from the regulations that will 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 proposed use is permitted.
7. In granting this variance, the BOA may require such conditions as
will, in its independent judgment, secure substantially the objectives
of the standards varied or modified.
Page #7 —974 Rams Horn Road Setback Variance Request
Staff Finding: If the Board chooses to approve this variance, staff has
recommended a number of conditions of approval„
8. This request has been submitted to all applicable reviewing agency staff
for consideration and comment. All letters and memos submitted by
reviewing agency staff, referred to in Section IV of this staff report, are
incorporated as staff findings.
VI. STAFF RECOMMENDATION
Staff recommends APPROVAL of the requested variances
CONDITIONAL TO:
1. Compliance with the submitted application.
2. Compliance with the submitted affected agency comments.
3. A registered land surveyor shall set the survey stakes prior to
construction, shall verify compliance with the variances, and shall
provide a setback certificate. The applicant shall provide a copy of this
certificate to the Estes Park Community Development Department.
Page #8 974 Rams Hom Road Setback Variance Request
ENGINEERING DEPARTMENT
Post Office Box 1190
Fort Collins, Colorado 80522-1190
(970) 498-5700
FAX (970) 498-7986
TO: Dave Shirk, Planner
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
FROM: Traci Downs, Development Services Engineer "
DATE: July 21, 2008
SUBJECT: Monk Residence Setback Variance . 974 Rams Horn Road
Estes Valley Planning Area
Project Description/Background:
This is a request for a setback variance associated with the remodel of the deck and stairs at 974 Rams
Horn Road. The reason for the request is because the house exists and the terrain is rocky, limiting the
options for the applicant.
Comments:
• Any improvements on this site can not adversely impact the drainage patterns or create
erosion problems in the area. If drainage patterns are going to be changed, a drainage plan
will need to be submitted to the Engineering Department for review and approval. Any
disturbance of the site should be reestablished to be equal to or better than the preconstruction
condition. All disturbed areas should be reseeded with a native dry land seed mix.
Recommendation:
The setback variance does not seem to create any issues for the road system in the area and
should not cause any changes to the existing drainage patterns. Therefore, the Larimer County
Engineering Department does not have any major concerns or issues with the proposal.
Please feel free to contact me at (970) 498-5701 or e-mail at tdowns@larimer.org if you have any
questions. Thank you.
cc: William Monks, 453 East Wonderview Avenue #418, Estes Park CO 80517
reading file
file
H:IDEVREV\PLANCHK\ReferralslCITIES1EsteslMonks Residence 974 Rams Horn Rd Setback Variance.doc
07/18/2008 08:06 4987667
LARIMER CO BUII tG PAGE 01 /01
Larimer County Building Department
PROJECT MEMO
TO: Alison Chilcott, Planner, Town of Estes Park and
William E. Monks, Applicant,
FROM: Stan Griep, Lead/Commercial Plans Examiner, Larimer County Bldg, Dept,. --
DATE: July 18, 2008
RE: Monks Variance Request
This memo is to make note of preliminary concerns or requirements associated with the
above named project at time of Variance Request Submittals Review only. No direct
response is required at this time, unless specifically required in the individual items
below. {The 2006 International Codes are adopted and enforced by Larimer County.}
1. The stairway including its landings, guardrails and handrails shall comply with Section
R311.5 of the 2006 International Residential Code (IRC). Guards (guardrail) requirements are
found in Section R312 -- 2006 IRC.
2. A building permit is required for the stairway shown in the submitted photo as well as any
decks 30 inches or more above grade_ Two sets of stairway profile plans showing rise and run
of stairs as well as handrail heights and guardrail configuration are required to be submitted
with the application for permit. Mso four sets of a plot plan shall be submitted that show
where the stairway is going on the property with dimensions to property lines and structures
on the property. Provide stairway anchorage and support detail plans as well. All plans shall
be drawn to an approved scale, Such as 'A" =1' or 1/8" = 1'.
3. The Larimer County Wildfire Hazards Coordinator, Tony Simmons, should be consulted on
all projects. His contact phone number is (970) 498-5303,
4. This is only a "surface" review of this project. Further in-depth plan review is required before
issuance of a building permit.
if you have any questions please feel free to contact me at (970) 498-7714.
`07/ 17/Q008 11:21 4987667
LARIMER CO BUIV 4G PAGE 01/06
LARJMER PLANNING AND BUILDING SERVICES DIVISION
COUNTY
CO1v\WFTTCD TO E'(CELLENLI,`
P.O. Box 1190
Fort Collins, Colorado 80522-1190
(970) 498-7683 (970) 498-7700
Fax (970) 498-7711
http://www.larimerorg/planning
CODE COMPLIANCE SECTION
LARIMER COUNTY PLANNING AND BUILDING SERVICES DIVISION
STAFF REPORT
Date: July 17, 2008
From: Candace Phippen, Code Compliance Supervisor
To: Alison Chiicott, Planner II
Name of Review: Monks' Variance Request
Parcel No: 3402200003: 974 Rams Horn Rd., Estes Park, Colorado 80517
This is a request for a setback variance for a deck and exterior, sloped stairway.
The original cabin was constructed in the 1960s prior to building permit requirement).
The applicant states the deck was constructed about 10 years ago, and the exterior,
sloped stairway leading from the parking area to the house was recently installed in
the same location as old steps that were in disrepair.
,STAFF COMMENT,: Upon approval of this variance, the owner will need to obtain a
building permit and required inspection approvals for the deck and exterior stairs.
The exterior stairs must comply, in part, with certain requirements of Section R311 of
the 2006 International Residential Code (IRC) adopted by I.arimer County (see excerpt
attached), Also, the deck must comply with minimum requirements contained in the
IRC. For more information on deck construction, see the attached handout for
Residential Deck Details.
I suggest the owner visit with Dan Ellis, the Building Department's inspector for the
Estes Park area, if the owner has any questions. Mr. Ellis' direct telephone number is:
(970) 577-2100.
cc: William E. Monks
453 E. Wondcrview Avenue #418
Estes Park, CO 80517
cc:
Dan Ellis, Building Inspector
Estes Park, CO
43 PRINTED ON RECYCLED PAPER
07/17/200B 11:21
4987E67
LARIMER CO SUIT NG
PAGE 02/06 •
Guardrail 36"
min, height
LAJUMER
COUNTY
COMMITTED TO EXCELLF'NCE
1. Permit aubmlttal requires 2 full sets of plans drawn to scale and 4 copies of plot plans
also drawn to scale.
2. Show all dimensions to the deck.
3. Guardrails are 36" min in height with intermediate railing spaced such that a 4" sphere
cannot fit through.
4, Stairs rise is min. 4" and max. 7 3/4" the run is min. 10" with 14" to 1 14" nosing, elimination
of nosing requires an 11" min. run. Variation of rise or run shall not be more than 3/8".
5. Posts shall be "x" braced when exceeding 10' in height.
6. Posts must be treated lumber or lumber naturally resistive to decay.
7. Piers or pads are required to support deck, Foundation of deck maybe required to be
stamped by a Colorado Registered Engineer if location or design warrants.
ELEVATION DETAIL
PLAN VIEW
EXISTING RESIDENCE
0 = location of
pier Support
SEE LEDGER
DETAIL
10' min. diameter
for most decks
141
1I
Depth required Is 30" min.
below frost unless solid rock
s encountered
LEDGER CONNECTION DETAIL
Existing siding to be
removed for new ledger
board attachment
Z-flashing 26 gage
galvanized metal
Existing frame
wort
Existing floor Joist
Joist hanger Existing rim Joist
2-N" lag bo
@ 16" o.c.
Existing foundation
07/17,2008 11:21 49876E7
LARIMER CO BUILT `JG PAGE 03/06
2-2"X6"
2-2'X6"
2-2"X6"
2-2"X6""
2 2"X6"
2-2"X6"
2-2"X6"
2-2"X6"
2 2"X6"
2-2"X8"
2.2"X8"
NOTES;
7
2=2"x6"
2-2"X8"
2-2"Xs"
2-2"X6"
2-2"X10"
T'BAMS!AN I
22"X6"
2-2"X$"
2-2"X10"
2-2"X10"
2 2"X12"
2-2"X12"
3-2"X12"
10
2-2"X6
2-21X8"
2.2"X8"
2-2"X8"
2-2"X10"
11
2-2"X8"
2 "X10"
2-2"Xf0"
2-2"X8"
2-2"X10"
14 15
2 2"2"X10" 112-21X10"
2-2"X10"12-2"X10" 2-2"X12"
2-2*X 10"' 2-2"X 12" 2-2"X 12
T1.119 AREA IS TO
BE SIZED BY
OTHERS
• NEITHER TABLE ADDRESSES CANTILEVERS OR MULTIPLE SPANS
* ALL CALCULATIONS BASED ON HEM -FIR E2
*FIREWOOD STORAGE AND/OR HOT TUBS ARE NOT PERMITTED USING THESE TABLES
*ALL BEAMS MUST BE FULLY SUPPORTED
*LUMBER MUST BE PROTECTED FROM EXTERIOR ELEMENTS
JOIST SPA
SPACED 0 12"
FEE" SIZE
6
7
8
9
10
11
12,
13
14
15
16'
17
18
2"X6"
2"X6"
2"X6"
2"X6"
2"X6"
2"X6"
2"X8"
2"X8"
2"X8"
2"X10"
2"X10"
2"X10"
2"X12"
N TABLE AND SPACING
.727W1.7171-3.
O.C.
SPACED 0 Ede
FEET
'SIZE
FEET
SIZE
6
21105"
6
2"X6"
7
2"X6
- 7
2"X6"
8
2"X6"
8
2"X6"
9
2"X6"
9
2"XB"
10
21X8"
10
2"X8"
11
21X8"
11
21X10"
12
2"X8"
12
2"X10"
13
2"X10"
13
2"X12`
14
2"X10"
14
2"X12"
15
21X10 "
15
FAILURE
16
2"X12"
16
FAILURE
17
2"X12"
17
FAILURE
18
FAILURE
18
FAILURE
LARIMER COUNT'$ DECK HANDOUT
APPLY TO ma f0LLQWIN(3 DEaC DE8 GI NS,
TO BE DE$I0NEo ay OTF+ERS.
007/17,E2008 11:21 4987667
escape and rescue openings shall open directly into a public
way, or to a yard or court that opens to a public;: way.
Exception: Basements used only to house mechanical
equipment and not exceeding total, floor area of 200 square
feet (18.58 m2),
R310.1.1 Minimum opening area. All emergency escape
and rescue openings shall have a minimum net clear open-
ing of 5.7 square feet (0.530 m2).
Exception: Grade floor openings shall have a minimum
net clear opening of 5 square feet (0.465 m2).
R310.1.2 Minimum opening height, The minimum net
clear opening height shall be 24 inches (610 rem).
R310.1.3 Minimum opening width. The minimum net
clear opening width shall be 20 inches (508 rem).
R310.1.4Operational constraints. Emergency escape and
rescue openings shall be operational from the inside of the
room without the use of keys, tools or special knowledge.
R310.2 Window welts. The minimum horizontal arca of the
window well shall be 9 square feet (0.9 m2), with a minimum
horizontal projection and width of 36 inches (914 rum). The
area of the window well shall allow the emergency escape and
rescue opening to be fully opened.
Exception: The ladder or steps required by Section R310.2.1
shall be permitted to encroach a maximum of 6 inches (152
mm) into the required dimensions of the window well.
R310.2.1 Ladder and steps. Window wells with a vertical
depth greater than 44 inches (1.118 min) shall be equipped
with a permanently affixed ladder or steps usable with the
window in the fully open position. Ladders or steps required
by this section shall not be required to comply with Sections
R311.5 and R31.1.6. Ladders or rungs shall have an inside
width of at least 12 inches (305 nun), shall project at least 3
inches (76 rem) from the wall and shall be spaced not more
than 18 inches (457 mrn) on center vertically for the fit!'
height of the window well.
R310.3 Bulkhead enclosures. Bulkhead enclosures shall pro-
vide direct access to the basement. The bullhead enclosure with
the door panels in the fully open position shall provide the mini-
mum net clear opening required by Section R310.1.1. Bulkhead
enclosures shall also comply with Section R311.5.8.2.
R310.4 Bars, grilles, covers and screens. Bars, grilles, cov-
ers, screens or similar devices are permitted to be placed over
emergency escape and rescue openings. bulkhead enclosures,
or window wells that serve such openings, provided the mini-
mum net clear opening size complies with Sections R310,1.1
to R310.1, 3, and such devices shall be releasable or removable
Ifrom the inside without the use of a key, tool, special knowl-
edge or force greater than that which is required for normal
operation of the escape and rescue opening.
R310.5 Emergency escape vrindowR under decks and
penance. Emergency escape windows arc allowed to be
insralled under decks and porches provided the location otf the
deck allows the emergency escape window to be fully opened
'' and provides a path not less than 36 inches (914 nun) in height
to a yard or court.
LARIMER CO BUD.�'
:A6E O4/06
BUILDING PLANNING
SRCTION R311
MEANS OF EGRESS
R311.1 General. Stairways, ramps, exterior egress balconies,
hallways and doors shall comply with this section.
R311.2 Construction.
R3] 1.2.1 Attachment. Required exterior egress balconies,
exterior exit stairways and similar means of egress
components shall, be positively anchored to the primary
structure to resist both vertical and lateral forces. Such
attachment shall not be accomplished by Use of toenails or
nails subject to withdrawal.
R31 1.2.2 Under stair protection. Enclosed accessible space
under stairs shall have walls, under stair surface and any sof-
fits protected on the enclosed side with'/3-inch (13 mm) gyp-
sum hoard.
R311.3 Hallways. The minimum width of a hallway shall be
not less than 3 feet (914 rem).
R311.4 Doors.
R311.4.1 Exit door required. Not less than one exit door
conforming to this section shall be provided for each dwell-
ing unit. The required exit door shall provide for direct
access from the habitable portions of the dwelling to the
exterior without requiring travel through agarage. Access to
habitable levels not having an exit, in accordance with this
section shall be by a ramp in accordance with Section
R311.6 or a stairway in accordance with Section R311.5.
R311.4.2 Door type and size. The required exit door shall
be a side -hinged door not Tess than 3 feet (914 rem) in width
and 6 feet 8 inches (2032 mm) in height. Other doors shall
not be required to comply with these minimum dimensions,
R311.4.3 Landings at doors. There shall be a floor or land-
ing on each side of each exterior door. The floor or landing
at the exterior door shall not be more than 1.5 inches (38
rem) lower than the top of the threshold. The landing shall
be permitted to have a slope not to exceed 0.25 unit vertical
in 12 units horizontal (2-percent).
Exceptions:
1. Where a stairway of two or fewer risers is located
on the exterior side of a door, other than the
required exit door, a landing is not required for the
exterior side of the door provided the door. other
than an exterior storm or screen door does not
swing over the stairway.
2. The exterior landing at an exterior doorway shall
not be more than 73/4 Inches (196 rem) below the
top of the threshold, provided the door, other than
an exterior storm or screen door does not swing
over the landing.
3. The height of floors at exterior doors other than the
exit door required by Section R311.4.1 shall not be
more than 73/4 inches (186 mm) lower than the top
of the threshold.
The width of each landing shall not be less than the door
served. Every landing shall have a minimum dimension of
36 inches (914 rem) measured in the direction of travel.
2006 INTERNATIONAL RESIDENTIAL CODE'
53
^07/17/2008 11:21 4967667
LARIMER CO BUIL- 1C
PAGE
[3UILDING PLANNING
R311.4.4 Type of lock or latch. All egress doors shall be
readily openablc from the side from which egress is to be
made without the use of a key or special knowledge or effort
R311.5 Stairways.
R311.5.1 Width. Stairways shall not be less than 36 inches
(914 mm) in clear width at all points above the permitted
handrail height and below the required headroom height
Handrails shall not project more than 4.5 inches (114 nun)
on either side of the stairway and the minimum clear width
of the stairway at and below the handrail height, including
treads and landings, shall not be less than 31.5 inches (7$7
mra) where a handrail Is installed on one side and 27 inches
(698 rem) where handrails are provided on both sides.
Exception: The width of spiral stairways shall be in
accordance with Section R311.5.8,
R311.S.2 Headroom, The minimum headroom in all parts
of the stairway shall not be less than 6 feet 8 inches (2036
rem) measured vertically from the sloped plane adjoining
the tread nosing or from the floor surface of thc handing or
platform.
R311.5.3 Stair treads and risers.
R311.53.1 Riser height. The maximum riser height
shall be 73/4 inches (196 rem), The riser shall be mea-
sured vertically between leading edges of the adjacent
treads. The greatest riser height within any flight of stairs
shall not exceed the smallest by more than 3/4 inch (9.5
nnm).
R311.5.3.2 Tread depth, The minimuum tread depth
shall be 10 iaches (254 mm). The tread depth shall be
measured horizontally between the vortical planes of the
foremost projection of adjacent treads and at a right
angle to the tread's leading edge. The greatest tread depth
within any flight of stairs shall not exceed the smallest by
more than 3/s inch (9.5 rum). Winder treads shall have a
minimum tread depth of 10 inches (254 rem) measured
as above at a point 12 inches (305 mm) from the side
where the treads are narrower. Winder treads shall have a
minimum tread depth of 6 inches (152 mm) at any point.
Within any flight of stairs, the largest winder tread depth
at the 12 inch (305 ntm) walk line shall not exceed the
smallest by more than 3/4 inch (9.5 mm).
R311.5.3.3 Profile. The radius of curvature at the lead-
ing edge of the tread shall be no greater than 946 inch (14
mm). A nosing not less than 3/4 inch (19 rem) but not
more than 11/4 inch (32 rim) shall be provided on stair-
ways with solid risers. The greatest nosing projection
shall not exceed the smallest nosing projection by more
than 3/e inch (9.5 rim) between two stories, including
the nosing at the level of floors and landings. Beveling
of nosing shall not exceed /2 inch (12.7 mot). Risers
shall be vertical or sloped from the underside of the
leading edge of the tread above at an angle not more
than 30 degrees (0.51 rad) from the vertical. Open risers
are permitted, provided that the opening between treads
does not permit thc passage of a 4-inch diameter (102
mm) sphere.
Exceptions:
I . A nosing is not required Where the tread depth
is a minimum of 11 inches (279 lour)„
2. The opening between adjacent treads is not lim-
ited on stairs with a total rise of 30 inches (762
rnm) or less.
R311.5.4 Landings for stairways. There shall be a. floor or
landing at the top and bottomof each stairway.
Exception: A floor or landing is not required at the top of
an interior flight of stairs, including stairs in an enclosed
garage, provided a door does not swing over the stairs.
A flight of stairs shall not have a vertical rise larger than
12 feet (3658 xnm) between floor levels or landings.
The width of each landing shall not be less than the width
of the stairway served. Every landing shall have a minimum
dimension of 36 inches (914 rem) measured in the direction
of travel„
R311..5.5 Stairway walking surface. The walking surface
of treads and landings of stairways shall be sloped no
steeper than one unit vertical in 48 inches horizontal (2-per-
cent slope).
R311S.6Handrails. Handrails shall be provided on at least
one side of each continuous run of treads or flight with four
or more risers.
R311S.6.1 Height. Handrail height, measured verti-
cally from the sloped plane adjoining the tread nosing, or
finish surface of ramp slope, shall be not less than 34
inches (864 mm) and not more than 38 inches (965 mm).
R311.5.6.2 Continuity. Handrails for stairways shall be
continuous for the full length of the flight, from a paint
directly above thc top deer of the flight to a point directly
above the lowest riser of the flight. Handrail ends shall be
returned orshall terminate in newel posts or safety termi-
nals. Handrails adjacent to a wall shall have a space of not
less than 1'/= inch (38 mm) between the wall and the
handrails.
Exceptions:
1. Handrails shall be permitted to be interrupted
by a newel post at the turn.
2. The use of a volute, turnout, starting easing cw
starting newel'shall he allowed over the lowest
tread.
R311-5.6,,3 Handrail grip size. All required handrails
shall be of one of the following types or provide equiva-
Ient graspability.
1. Type 1. Handrails with a circular cross section
shall have an outside diameter of at least 1'/4 inches
(32 mm) and not greater than 2 inches (51 mat). If
the handrail Is not circular it shall have a perimeter
dimension of at Ieast 4 inches (102 rem) and not
greaterthan 61/4 inches (160 rem) with a maximum
cross section of dimension of 23/4 inches(57 mm).
2. Type E. Handrails with a perimeter greater than 6'/4
inches (160 mm) shall provide a graspable finger
200E INTERNA11oNAL RE81DEHTIAL 000E6
07/17/2008 11:21 4987667
LARIMER Cry LLIIL' '4G
PAGE 06/06
recess area on both sides of the profile. The finger
recess shall begin within a distance of 3/4 inch (19
min) measured vertically from the tallest portion of
the profile and achieve a depth of at least 5/,6 inch (8
mm) within'/R inch (22 rpm) below the widest por-
tion of the profile. This requited depth shall con-
tinue for at least'/4 inch (10 rpm) to alevcl that is not
less than 13/4 inches (45 mm) below the tallest por-
tion of the profile. The minimum width of the hand-
rail above the recess shall be 1'/4 inches (32 mm) to
a maximum of 23/4 inches (70 mm). Edges shall
have a minimum radius of 0.01 inch (0.25 mm).
R311.5,7 Illumination. Ail stairs shall be provided with
illumination in accordance with Section R303.6.
R311.5.3 Special stairways. Spiral stairways and bulkhead
enclosure stairways shall comply with all requirements of
Section R31 I.5 except as specified below.
R311.5.8.1 Spiral stairways, Spiral stairways are per-
mitted, provided the minimum width shall be 26 inches
(660 min) with each tread having a 7Vrinches (190 mm)
minimum tread depth at 12 inches from the narrower
edge. All treads shall be identical. and the rise shall be no
more than 9" 2 inches (241 mm). A minimum headroom
of 6 feet 6 inches (1982 mm) shall be provided.
R311.5.8.2 Bulkhead enclosure stairways. Stairways
serving bulkhead enclosures, not part of the required
building egress, providing access from the outside grade
level to the basement shall he exempt from the require-
ments of Sections R311.4.3 and R31.1.5 where the maxi-
mum height from the basement finished floor level to
grade adjacent to the stairway does not exceed 8 feet
(2438 mm), and the grade level opening to the stairway is
covered by a bulkhead enclosure with hinged doors or
other approved paeans.
R311.6 Ramps.
R311.6.1 Maximum slope. Ramps shall have a maximum
slope of one unit vertical in twelve units horizontal (8.3-per-
ccnt slope).
Exception: Where it is technically infeasible to comply
because of site constraints, ramps may have a maximum
slope of one unit vertical in eight horizontal (12,5 percent
slope).
R311.6.2 Landings required. A minimum 3-foot-by-3-fat
(914 trim by 914 mrra) landing shall be provided:
1. At the top and bottom of ramps.
2. Where doors open onto ramps.
3. Where ramps change direction.
R311.6.3 Handrails required. Handrails shall be pmvided
on at (cast one side of all ramps exceeding a slope of oat unit
vertical in 12 units horizontal (8.33-percent slope).
R311.6.3.1 Height. Handrail height, measured above
the finished surface of the ramp slope, shall be not less
than 34 inches (864 tom) and not more than 38 inches
(965 nun).
WILDING PLANNING
R311.6.3.2 Handrail grip size. Handrails on ramps
shall comply with Section R3.11.5.6.3.
R311.6.3.3 Continuity. Handrails where required on
ramps shall be continuous for the full length of the ramp.
Handrailends shall be returned or shall terminate in
newel posts or safety terminals. Handrails adjacent to a
wall shall have a space of not Less than 1,5 inches (38
mm) between the wall and the handrails.
SECTION R312
GUARDS
R312.1 Guards. Porches, balconies, ramps or raised floor sur-
faces located more than 30 inches (762 mm) above the floor or
grade below shall have guards not less than 36 inches (914 mm)
in height. Open sides of stairs with a total rise of more than 30
inches (762 mrn) above the floor or grade below shall have
guards not less than 34 inches (864 nun) in height measured
vertically from the nosing of the treads.
Porches and decks which are enclosed with insect screening
shall be equipped with guards where the walking surface is
located more than 30 inches (762 min) above the floor or grade
below,
R312.2 Guard opening limitations. Required guards on open
sides of stairways, raised floor areas, balconies and porches
shall have intermediate rails or ornamental closures which do
not allow passage of a sphere 4 inches (102mm) or more in
diameter.
Exceptions:
1. The triangular openings formed by the riser, tread and
bottom rail of a guard at the open side of a stairway are
permitted to be of such a size that a sphere 6 inches
(152 mm) cannot pass through.
2. Openings for required guards on the sides of stair
treads shall not allow a sphere 4 3/e inches (107 mm.) to
pass through.
SECTION R313
SMOKE ALARMS
R313.1 Smoke detection and notification. All :smoke alarms
shall be listed in accordance with UL 217 and installed in
accordance with the provisions of this code and the household
fire warning equipment provisions of NPPA 72.
Household fire alarm systems installed in accordance with
NPPA 72 that include smoke alarms, or a combination of
smoke detector and audible notification device installed as
required by this secdon for smoke alarms, shall be permitted.
The household fire alarm system shall provide the same level of
smoke detection and alarm as required by this section for
smoke alarms in the event the fire alarm panel is removed or the
system is not connected to a central station.
R313.2 Location. Smoke alarms shall be installed in the foI-
lowing locations:
1. In each sleeping room.
i
2008 INTERNATIONAL RESIDENTIAL CODE°
55
COMMITTED TO EXCELLENCE
DEPARTMENT OF HEALTH AND ENVIRONMENT
1525 Blue Spruce Drive
Fort Collins, Colorado 80524-2004
General Health (970) 498-6700
Environmental Health (970) 498-6775
Fax (970) 498-6772
To: Alison Chilcott, Town of Estes Park
From: Doug Ryan, Environmental Health Planner
Date: July 21, 2008
Subject: Monks Residence Variance 974 Rams Horn Road
This application is to authorize a variance from the 50 foot front and side yard
setbacks in order to replace an existing deck and a set of stairs on the west
property line. I have reviewed the information provided and have the following
comments.
The principle interest of our office concerning residential setback is to ensure that
adequate provisions are made for water and sanitation, and that any structures in
the setback will not interfere with those utilities. In this case the project
description indicates that water is provided by a cistern, and sewer by a sealed
vault. I checked our records and was not able to locate a permit for the original
sewer vault installation. Given that the cabin was built in 1960, the lack of a
permit would not be considered unusual.
The site plan does not show the location of the cistern and vault. The concerns
of our office would be addressed if it were shown that the deck project would not
interfere with the access needed to deliver water for the cistern and pump
sewage from the vault. Based on the relatively modest expansion of the deck, I
would assume that this could easily be demonstrated.
Thank you for the opportunity to comment on this proposal. I can be reached at
498-6777 if there are questions about these issues.
cc: William E Monks
Alison Chilcott
From: Doug Ryan [dryan@larimer.org]
Sent: Wednesday, July 23, 2008 8:20 AM
To: Alison Chilcott
Subject: RE: Monks Setback Variance 974 Rams Horn Road
Allison,
The revised site plan showing the location of the cistern and vault does address my concerns
for this variance request. Thanks.
Doug Ryan
Larimer County Department of Health and Environment
1525 Blue Spruce Dr
Fort Collins CO 80524
dryan@larimer.org
(970) 498-6777
»> "Alison Chilcott" <achilcott@estes.org> 07/22/2008 8:46 AM >»
Doug,
William Monks stopped by my office this morning and added the cistern and septic to the site
plan. I've attached a copy of the updated plan. Does this address your concerns?
Alison Chilcott
Estes Park Planning Department
PO Box 1200
(970) 577-3720
(970) 586-0249 fax
achilcott(aestes.org
www.estesnet.com
Original Message
From: Doug Ryan [mailto:dryan@larimer.org]
Sent: Monday, July 21, 2008 10:47 AM
To: willmonks@earthlink.net; Alison Chilcott
Cc: Chris Manley
Subject: Monks Setback Variance 974 Rams Horn Road
Resending with the attachment. DR
Hi Allison,
Here is a copy of my comments for you and Mr. Monks. I'll also copy this to Chirs Manley in
our Estes Park Office so he is in the loop. If Mr. Monks provided the City with a sketch
showing the location of the cistern and vault that would not interfere with the decks that
would address any issues we had.
Doug Ryan
Larimer County Department of Health and Environment
1525 Blue Spruce Dr
Fort Collins CO 80524
dryanOlarimer.or,g
(970) 498-6777
1
STATEMENT OF INTENT
WILLIAM E. MONKS
974 RAMS HORN ROAD
1. REQUESTED VARIANCE:
Property
Lines
EVDC
Table
4-2
Setback
Require-
ments
Existing
House*
(closest
point)
to is
Existing
Deck
(dosest
point) is
Proposed
Deck
(dosest
point) is
Existing
Deck
Stairs
Pro-
posed
Decks
Stairs
Difference
between
Existing
Deck/Stairs
and
Proposed
Desk/Stairs
Difference
between
Proposed
Deck/Stairs
and Table
4-2
Setback
Require-
ments
Revised
Setback
Requested
Front
(north)
50'
51'
44'
38'
NA
NA
6'
12'
38'
Side
(west)
50'
26'
22'
20'
17'
15'
2'
35'
15'
* measurements provided to Applicant by England Surveying; house is not being moved
2. JUSTIFICATION FOR VARIANCE
a. The provisions of the Code inflict unnecessary hardship and practical difficulties upon the Applicant.
i. The property is very rocky and steeply sloped. The site on which the house sits was dug out of
the bedrock. It would be very difficult to have the house situated further from the front (north)
and side (west) property lines.
ii. To the best of Applicant's knowledge, (1) the house has been at this location on the lot since
sometime in the 1960s when the cabin was moved from the park, and (2) the deck has been at
this location on the lot at least 10 years, if not longer. So, the current location of the house and
deck are grandfathered under Section 6.3(C)(2) of the Code as permitted exceptions to the
Table 4-2 setbacks.
iii. The deck is used for ingress to and egress from the house. The current deck is in disrepair and
needs to be replaced. Applicant desires to slightly expand the size of the deck (6' in the front
and 2' on the side) to increase the usability of the deck, for example:
1. to make it easier for people to pass one another on the deck,
2. to use enable a person to move from one side of the deck to the other when another person
is sitting at the table on the deck, and
3. to increase the space available for use on the deco, which is needed because of the
extremely small size of the house (approximately 625 square feet).
iv. Denial of this variance would unduly limit Applicant's ability to use and enjoy the house.
b. Thevariance requested is not sjit2stantial: Please see the chart above.
c. The essential character of the neighborhood will not be altered and adioinina properties will not
suffer a substantial detriment as a result of the variance.
This is a neighborhood of relaxed, rural cabins and homes. The house is not visible from Rams Hom
Road. The house and deck have been at this location for many years. The only neighbors who can
see the house are the three properties which adjoin the driveway to the house, and they have no
objection to extending the deck. The additional size of the deck will be barely discernible to the
neighbors. If anything, replacing the deck with a somewhat larger deck will make the property more
presentable and positively impact the neighborhood and the adjoining properties.
d. The variance will not adversely affect the delivery of public services. The electric service will not be
affected. The variance also would not affect the delivery of services by the fire department. Water,
sewage, and gas to this property are not public services.
7/11/08
Staff has amended this variance request, with permission from the applicant, to include
the steps shown above. These steps are located adjacent to the western property line
and lead from the parking area to the house. Per the property owner, these steps were
recently installed in the same location as old steps that were in disrepair.
Per EVDC §1.9.D.B.1(5) "Steps to the principal entrance and necessary landings,
together with railings, that comply with the Uniform Building Code, [are permitted to
encroach into the setback] provided they do not extend more than six (6) feet into the
required setback."
These steps are adjacent to the property line, extending more than six feet into the fifty -
foot setback.
EWE
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATION
Submittal Date:
, p pmslm rmiii.01 V prTmorsoI VUIIu%d
1R
111111111111111
Record Owner(s):
-treat Address of Lot:
egal Description Lot:
Subdivision:
arcel ID # 3'4L-L LZ- 'm4t<>e 3 Section 2. Townshi
0000,000000000000111100100(10001,11
u°°`
974
I».i1V°I1I0iV0100'001iiu10lVl0i1,000M1011
Lot Size f914b014
Existing Land Use
Proposed Land Use
Existing Water Service
Proposed Water Service
0 rnA00tu0
r. Block: Tract:
Ae2..
a IC
r Town
I... Town
"Y'! ":!llll!d
I®"
Existing Sanitary Sewer Service r EPSD
Proposed Sanitary Sewer Service EPSD
Existing Gas Service r Xcel
Site Access (if not on public street)
Are there wetlands on the site?
0010
Rance
1110 du l .pl rh, mr 111'1 11I
Zoning
Well �i Other (Specify)
Well X Other (Specify)
I" UTSD
UTSD
N 2 3 0i08
al N rl1'11.011010ill'wK
q„wti
,0il0"III
M'tVNOtM" 0000'010009007'
e AI
X' Septic
Septic (c=>
XC Other i." None PASO .111/4)
✓'k)4Y nFF '1 rl-lr�s"�Ai 1.04P
r Yes No
�f�Vl 9R ,C , I I!'I1uriu�UrY��IV)P;
✓� r r r ,Ilr ar. � ';V llllp v�� liu�� 1 t' IpWeP
opm 4 YD `74 Lc 4 -'
Specific variance desired (state development code section # • . ;�v! �
Au
000
tl • b11.aeo
uolw u, nlmv'u
Iti
1
r
Ir
010,
rl,',
,r+�V ugy;. Alr!49$ II
or
Name of Primary Contact Person 1.4)/ i i9/Y G=
Mailin'Address mme Idn''L'tZ. ✓s oz.) k 4,z / Lam'7-a-1,3' 4$9,0z
726
�t s l 7
C.P.;
000 ii0Vldih.
""' Application fee (see attached fee schedule)
Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code)
1 copy (folded) of site plan (drawn at a scale of 1" = 20') '*
1 reduced copy of the site plan (11" X 17")
Names & mailing addresses of neighboring property owners (see attached handout)
The site plan shall include information in Estes Valley Development Code Appendix B.VII.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 Park P.O. Box 1200.E 170 MacGregor Avenue -cr, Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 w; Fax: (970) 586-0249 .,, www.estosnet.Com/ComDev
a
Primary Contact Person is Owner
Record Owner(s) I�-fir__ ✓ ��t
Mailing Address :Mom
Phone
Cell Phone
Fax
Email ,GJi.r,:.✓�
Applicant
Mailing Address
Phone
CeII Phone
Fax
Email
ConsultantlEngineer
Mailing Address
Phone
CeII Phone
Fax
Email
Apphcan
IllfaeViKr
Consultant/Engineer
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.estesnet.com/ComDev/Schedules&Fees/PlanningApplicationFeeScheduie.pdi.
Ail requests for refunds must be made in writing. All fees are due at the time of submittal.
APPLICANT CERTIFICATION
► 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 1 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).
► 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 www.estesnet.com/ComDevlDevCode.)
► 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.
► I understand that a resubmittal fee will be charged if my application is incomplete.
► 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.
► 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.
► 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 comers of
my property and the proposed building/structure comers 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.
► 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 shall automatically render the decision of
Valley Development Code Section 3.6.D)
Names:
Record Owner PLEASE PRINT: gill, L / '' 1`?" L . J412,V /c°
Applicant PLEASE PRINT /.2 ! L L. / ,9 %`
Signatures:
)C Record Owner e
Date
7r Applicant kl /4 e j Date JF
Revised 10/13/06
Zoning r istricts
§ 4.3 Residential Zoning Districts
Max. Net
Zoning Density Area (sq Width
District. (units/acre) . ft) (ft.)
Table 4-2
Base Density and irn nsi nal Standards
esidentiad Zonin Districts
Minimum Lot,
Standards [1]
Minimum
Building/Structure
Setbacks [4 1[418]
Side
Front.(ft.) (ft.)
1/10 Ac. 10 Ac. 200
50 50
Rear
(ft)
Max. Min.
Building uil'irag J Max. Lot ,.
Height Width Coverae
(ft.).[10j (t) : (%)
50
30 20 n/a
1 /2.5 Ac. 2.5 Ac. 200
5,000 50
50 50
50
30 20 n/a
25 25
25-arterials;
15-other 10
streets
25-arterials;
15-other 10
streets
Single-
family =
4 18,000; 60
Duplex=
27,000
Residential 40,000,
5,400 sq. 60;
Uses: ft./unit Lots
Max = 8 and [4] [5] [8] Greater
Min = 3 Senior than
Senior Institution- 100,000
Institutional al Living sq. ft.:
Living Uses: Uses: % 200
Max = 24 Ac.
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. (Oi.
2-02 ##4 6)
[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] Town home developments shall be developed on parcels no smaller than 40,000 square feet; however, each individual town
home unit may be constructed on a minimum 2,000 square foot lot at a maximum density of 8 dwelling units per acre.
[5] Multi -family developments shall also be subject to a maximum floor area ratio (FAR) of .30.
[6] Zero side yard setbacks (known as "zero lot line development") are allowed for town home developments.
[7] Minimum building width requirements shall no apply to mobile homes located in a mobile home park.
[8] Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18-01 n14)
[9] All structures shall be setback from public or private roads that serve more than four dwellings or lots. The setback shall
be measured from the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement,
whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure
setback. This setback is not applicable in the "MF" district. (Ord. 11-02 §1)
[10] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes, (Ord. 18-02 #3)
15 10
25-arterials;
15-other 10
streets
25-arterials; 10
15-other [6]
streets
25
15
15
15
10
10
30 20 n/a
n/a
n/a
n/a
Duplex =
50%
Multi-
30 20 [7] family=
50%
Supp. 4 4-7
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