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Home My WebLink AboutVARIANCE 251 Bighorn Drive Staff Report 2003-05-06 PROJECT OVERVIEW DATE OF BOA MEETING: May 6, 2003 REQUEST: The petitioner requests variances to Estes Valley Development Code Section 4, Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts” which requires a minimum front yard setback of fifteen feet from nonarterial streets and a minimum side yard setback of ten feet in the “RM” Multi-Family Residential zoning district. LOCATION: The site is located at 251 Big Horn Drive, within the Town of Estes Park. Legal Description: Metes and Bounds PETITIONER/PROPERTY OWNER: Dolph Swift/Dolph and Cheryl Swift STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) PROJECT DESCRIPTION/BACKGROUND The petitioner requests a variance to Estes Valley Development Code Section 4, Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts” which requires a minimum front yard setback of fifteen feet from nonarterial streets and a minimum side yard setback of ten feet in the “RM” Multi-Family Residential zoning district. Specifically, this is a request for a variance of approximately 12.2 feet from the fifteen foot minimum front yard setback requirement and a variance of approximately four feet from the ten foot minimum side yard setback requirement. If this variance is granted, this will allow the petitioner to remodel a portion of this single-family residence. The footprint of the house would not change so the existing setbacks will not be further reduced or increased. This variance request does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Board of Adjustment. SITE DATA Number of Lots One Parcel Number(s) 3525214011 Total Development Area 0.15 acres (6,499 sq. ft.) per Tax Assessor records Existing Zoning “RM” Multi-Family Residential Proposed Zoning “RM” Multi-Family Residential Existing Land Use Single-Family Residential Proposed Land Use Single-Family Residential ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “RM” Multi-Family Residential Single-Family Residential Duplex South “RM” Multi-Family Residential Single-Family Residential East “RM” Multi-Family Residential Single-Family Residential West “RM” Multi-Family Residential Single-Family Residential Note: Adjacent land uses are determined from Larimer County Tax Assessor website. SERVICES Water Town of Estes Park Sewer Estes Park Sanitation District Fire Protection Town of Estes Park Phone Qwest REFFERAL COMMENTS This request has been submitted to all applicable reviewing agency staff and property owners within 100 feet of the property for consideration and comment. The following reviewing agency staff and/or neighbors submitted comments. Estes Park Building Department See Will Birchfield, Chief Building Official’s note on the Affected Agency memo stating that the Building Department has no comments. Estes Park Public Works Department See Greg Sievers, Construction and Public Facility Manager’s memo to the Board of Adjustment dated April 28, 2003. Town Attorney See Greg White’s letter to Alison Chilcott dated April 25, 2003. Estes Park Light and Power Department See Mike Mangelson, Assistant to Electrical Engineer’s note on the Affected Agency memo stating that the Light and Power Department has no comments or concerns. Estes Park Sanitation District See James Duell’s letter to Alison Chilcott dated April 24, 2003. 256 Big Horn Drive Neighbors See Brent C. Martin and Paula Peat Page Martin’s letter to Alison Chilcott dated April 23, 2003 expressing support for the Swift project and stating that they have no objections to the variance. STAFF FINDINGS Staff finds: 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: There are special circumstances associated with this lot. The existing single-family residence was built in 1924 and is nonconforming as to the fifteen foot minimum front yard setback requirement and ten foot minimum side yard setback. The northeast corner of the house is approximately 2.8 feet from the front property line and approximately six feet from the side lot line according to the Improvement Survey prepared by Bill Van Horn, Van Horn Engineering and Surveying. Also a portion of the garage encroaches 0.8 feet into the Big Horn Drive right-of-way; however, remodel of this area is not proposed. If this variance is granted, this will allow the petitioner to remodel a portion of this single-family residence that currently encroaches into the minimum front and side yard setbacks. The footprint of the house would not change so the existing setbacks will not be further reduced or increased. In determining "practical difficulty," the BOA shall consider the following factors: Whether there can be any beneficial use of the property without the variance. Staff Finding: There can be a beneficial use of the property without the variance. The existing house can continue to be used without the proposed remodel. Whether the variance is substantial. Staff Finding: This is a request for a variance of approximately 12.2 feet from the fifteen foot minimum front yard setback and a variance of approximately four feet to the ten foot minimum side yard setback. This equates to an 81.3 percent and forty percent variance, respectively. However, since the footprint of the house would not change and existing setbacks will not be further reduced or increased, the request is not substantial. 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 proposed addition may not substantially alter the essential character of the neighborhood. One neighboring property owner, the owners of 256 Big Horn Drive, have submitted a letter expressing support for the variance request. Staff has not received comments from other adjoining property owners about this proposal and is not aware of their opinions about the variance requests. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance may not affect the delivery of public services. However, the Estes Park Sanitation District did comment that “The sewer service line for this unit extends south from the building. Identification of the path of the line should be done to ensure construction does not cause damage. If a clean out is not in place and work is done in area of the line, one should be installed.” Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The applicant purchased the property prior to the February 1, 2002 effective date of the Estes Valley Development Code without knowledge of the current setback requirements. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: An addition could be added to the rear of the house that conforms to setbacks. The proposed remodel cannot be completed without the requested variance. 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. 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 variances, if granted, will not reduce the size of the lot. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variances, if granted, offer the least deviation from the regulations that will afford relief in remodeling this portion of the existing house. 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 use is permitted. 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. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memo’s submitted by reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. Per EVDC §3.6.D, 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 Board of Adjustment null and void. STAFF RECOMMENDATION Staff recommends APPROVAL of variances of approximately 12.2 feet from the fifteen foot minimum front yard setback and approximately four feet from the ten foot minimum side yard in the “RM” Multi-Family Residential zoning district. CONDITIONAL TO: Compliance with the submitted plans. The proposed remodel shall not extend further into the setbacks than the existing structure. The footprint size and shape shall remain as is. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. Compliance with the Estes Park Sanitation District’s April 24, 2003 letter to Alison Chilcott. Page #2 – 251 Big Horn Drive Front Yard Setback Variance Request 251 Big Horn Drive Setback Variance Request Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com Shaded Blue Area Shows Proposed Remodel Area Remodel Proposed for Shaded Blue Portion of Building 15 Foot Front Yard Setback 10 Foot Side Yard Setback