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Home My WebLink AboutVARIANCE Setback 1454 Narcissus Dr 2023-10-03 Community Development Memo To:Chair Jeff Moreau Estes Park Board of Adjustment Through: Jason Damweber, Interim Community Development Director From: Kara Washam, Planner I Date: October 3, 2023 Application:Variance Request for RearSetback 1454 Narcissus Drive, Estes Park Mountain Life Properties LLC, Owner/Applicant Lonnie Sheldon, Van Horn Engineering, Consultant Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the report. Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land Use): Mixed-Use Centers & Corridors Zoning District: Estate (E-1) Site Area: 1.27 Acres (+/- 55,321 SF) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENTRESOLUTIONOTHER QUASI-JUDICIAL YES NO Objective: The Applicant requests approval of a variance to reduce the rear setback along the north property line to ten feet (10') in lieu of the twenty-five feet (25') rear setback required in the E-1(Estate) Zone District under Section 4.3.C.4. (Table 4-2) of the Estes Park Development Code (EPDC). Background: The subject property is in the Park Entrance Estates Subdivision and contains one single-family residence constructed in 2013. The Applicant, Mountain Life Properties LLC, purchased the property in 2019. The lot is 1.27 acres and is conforming to dimensional standards and use. The unusual shape and topography have limited the buildable area of the lot. Existing access to the property is by a gravel driveway from Narcissus Drive. No new access is proposed at this time. Variance Description The Applicant requests a variance to allow a reducedrear setback of tenfeet (10') along the north property line in lieu of the twenty-five feet (25') rear setback required in the E-1 (Estate) Zone District. The Applicant proposes to construct a 24'x24' detached garage with access in line with the existing gravel driveway. Proposed Site Plan Location and Context: The 1.27-acre lot is located at 1454 Narcissus Drive, approximately 1,800' north of Moraine Ave. The subject property and all adjacent properties are zoned E-1 (Estate) except the parcel to the south, which is zoned EV E Estate in unincorporated Larimer County. All adjacent parcels are residential in use and low density. 2 Vicinity Map Zoning and Land Use Summary Table Comprehensive Plan (2022) Zone Uses Subject Suburban Estate E-1 (Estate) Residential Site North Suburban Estate E-1 (Estate) Residential Unincorporated Larimer South Suburban Estate Residential County East Suburban Estate E-1 (Estate) Residential West Suburban Estate E-1 (Estate) Residential 3 Zoning Map Project Analysis Review Criteria: The Board of Adjustment (BOA) is the decision-making body for variance requests. In accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Standards with staff findings for each are as follows: 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. Practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding:Special conditions existdue to theunique shape of the property, zoning setbacks, topography, andeasements.The parcel is shallow in the center, where garage placement is feasible. In addition, substantial rock outcroppings limit buildability in other areas of the lot. 4 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 property can be beneficialwithout the variance and a garage, but that feature is common in the neighborhood and desired in winter weather conditions. b. Whether the variance is substantial; Staff Finding: The variance request for a ten-foot (10') rear setback in lieu of twenty-five feet (25') is moderately 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; 5 Staff Finding:The essential character of the neighborhood will not be substantially altered with this proposed garage in proximity to the existing house. It is not in a view line of others, nor in a significant environmental area where there would be an impact. The Board of Adjustment approved a similar variance request for an adjacent property at 530 Heinz Parkway on February 2, 2010 (Attachments 5 & 6). That property's owner constructed a garage due to that variance approval. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The placement of the garage will impact the existing sewer line. The owners are willing to relocate the sewer line at their expense. Other public services are not affected by this variance request. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The current owners purchased the property knowing that placing a garage might be challenging. As they have used the property, they desire a garage, which drives the need for a variance, a utility relocation and easement changes. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The Applicant could consider proposing an attached garage. However, that approach would radically impact the entrance of the house.If the garage were smaller, a variance may not be needed. The proposed 24'x24' is reasonable in size for use but still requires some form of variance to avoid the steeper portions of the lot and work with the current access for the parcel with minimal additional disturbance. 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: Not applicable. 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: Not applicable. 6 5.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The proposed variance would be the least deviation from the Development Code. 6. Under no circumstances shall the BOA grant a variance to allow a use not permittedor a use expressly or by implication prohibited under the terms of this Code for the zoning district containing the property for which the variance is sought. Staff Finding:The Applicant requests a setback variance to construct a detached garage. Thisis an accessory use permitted by right in the E-1 (Estate) zoning district per Table 5-1 of the EPDC. 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 has no recommended conditions of approval. Review Agency Comments The application was referred to all applicable review agencies for comment. No concerns were received. Upper Thompson Sanitation District (UTSD) states that the proposed "new sewer main and threenew manholes"and a new 20-foot utility easement areagreeable (Attachment 4) Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements.As of the time of writing this report, Staff received two inquiries for the variance request. Neither inquiry expressed opposition to the proposed variance request. Written notice mailed to adjacent property owners on September 18, 2023. Legal notice published in the Estes Park Trail-Gazette on September 15, 2023. Application posted on the Town's "Current Applications" website. Advantages This variance would allow the Applicant to construct a detached garage. Disadvantages There are no known disadvantages of the variance to allow a reduced rear setback of ten feet (10') in lieu of the twenty-five feet (25') rear setback required in the E-1 (Estate) Zone District. Action Recommended Staff recommends approval of the proposed variance described in this staff report, with setbacks consistent with the Sketch Plan (Attachment 3). 7 Finance/Resource Impact N/A Level of Public Interest Little or none. Sample Motions I move to approve the variance request for a ten-foot (10') rear setback along the north property line for the subject property addressed as 1454 Narcissus Drive in the Town of Estes Park, with findings as outlined in the staff report. I move to approve the variance request for a ten-foot (10') rear setback along the north property line for the subject property addressed as 1454 Narcissus Drive in the Town of Estes Park, with conditions \[state conditions\] and with findings as outlined in the staff report. I move to deny the requested variance with the following findings \[state reason/findings\]. I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that \[state reasons for continuance\]. Attachments 1. Application 2. Statement of Intent 3. Sketch Plan 4. Upper Thompson Sanitation District (UTSD) Comment Letter 5. 530 Heinz Variance 2010 Report 6. 530 Heinz Variance Approval Letter . 8 ESTES APPLICATION Submittal Date:8/25/2023 Type of Application Condominium Map BoundaryLine Adjustment Development Plan Preliminary Map ROW or Easement Vacation Special Review Final Map Street Name Change Preliminary Subdivision Plat Supplemental Map Final Subdivision Plat Minor Subdivision Plat Amended Plat Other: Please specify General Information 1454 Narcissus Drive Setback Variance Project Name Setback Variance & Sewer/Easement Relocation Project Description 1454 Narcissus Drive Project Address Lot 2, Block 2, Park Entrance Estates Legal Description 3526311002 Parcel ID # Site Information 0.02 Acres 1.27 Acres Lot SizeArea of Disturbance in Acres Residential Existing Land Use Residential Proposed Land Use 5 Existing Water Service TownWellNone Other (specify) 5 Proposed Water Service TownWellNone Other (specify) 5 Existing Sanitary Sewer ServiceEPSDUTSDSepticNone 5 Proposed Sanitary Sewer ServiceEPSDUTSDSeptic 5 Is a sewer lift station required?YesNo 5 Existing Gas ServiceXcelOtherNone E-1 E-1 Existing ZoningProposed Zoning Narcissus Drive Site Access (if not on public street) 5 Are there wetlands on the site?YesNo 5 Site staking must be completed at the time application is submitted. Complete?Yes No Primary Contact Information Lonnie Sheldon Name of Primary Contact Person 1043 Fish Creek Road, Estes Park CO 80517 Complete Mailing Address 5 Primary Contact Person isOwnerApplicantConsultant/Engineer Attachments 5 Application fee 5 Digital Copies of plats/plans in TIFF or PDF format emailed to 5 Statement of intentplanning@estes.org 5 copies (folded) of plat or plan 5 11" X 17" reduced copy of plat or plan Please review the Estes Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment Revised 20 STATEMENT OF INTENT for the SETBACK VARIANCE APPLICATION of LOT 2, BLOCK 2 OF PARK ENTRANCE ESTATES ALSO KNOWN AS 1454 NARCISSUS DRIVE, ESTES PARK, CO 80517 August 25, 2023 PROJECTLOCATION: The proposed development is within theTown ofEstes Park, in Section 26, Township 5 North, Range th 73 West of the 6 P.M. The property is located adjacent to and north of Narcissus Drive which is in the High Drive area (NW Estes Park area). The property address is 1454 Narcissus Drive. OWNER: The owner of this land is Mountain Life Properties, LLC with a contact of Melody Stone (record owner), who owns both adjacent lots shown on the attached sketch plan. PROJECT DESCRIPTION: This project is proposed as a detached 24’x24’ garage with 2’ eaves on the subject property. The proposed location of the garage is approximately 8.4’ west of the west edge of the existing house. This property is zoned E-1 (Estate), which dictates 25’ building setbacks on all sides. The existing lot is approximately 1.27 acres; however, due to the unique shape of the property, zoning setbacks, existing topography,and existing easements the buildable area is minimal. Therefore, the intent of this application is to achieve a setback variance to allow building of the proposed garage in a suitable location on the lot. We are proposing a variance to allow the garage to be 10’ from the north property line and far exceeding the existing 25’ setback on the east, west and south property lines. The proposed garage location is in an existing utility easement and overtop of an existing sanitary sewer line. Therefore, a new sewer main and 3 new manholes are proposed along with a new 20’ utility easement. One of the 3 new manholes is an existing manhole on Heinz parkway that will be replaced to accommodate the grade change in the sewer line. The existing sewer easement will be vacated and a portion of the existing sanitary sewer line will be abandoned. This utility modification will happen if the variance is approved and likely won’t happen otherwise. Also, some modification to the existing 10’ drainage easement is proposed to assure the proposed garage (and eaves) are out of said easement. No new access is proposed as a part of this application. The existing gravel driveway currently extends to the location of the proposed garage. Regarding “Practical Difficulty” justifying this variance, the following items are offered: a. There can be beneficial use of the property without the variance and without a garage, but that feature is common in the neighborhood and desired with our winter weather conditions. b. The variance could be considered to be substantial when we are asking for 11’ and 25’ is the standard; however, the 11’ requested is in keeping with easement dimensions around the parcel. c. The essential character of the neighborhood will not be substantially altered with this proposed garage in proximity to the existing house. It is not in a view line of others, nor in a significant environmental area where there would be impact. d. The placement of the garage will impact the existing sewer line; however, the owners are willing to relocate the sewer line at their expense. This is an indication of the limited area on site for a garage and their desire to have a garage for indoor parking and storage. e. The current owners did purchase the property with knowledge that placing a garage might be a challenge. As they have used the property, they desire a garage, which drives the need for a variance, a utility relocation and easement changes. f. Other ways to obtain a garage without a variance would be to attach the garage. That approach would radically impact the entrance of the house. If the garage were smaller, a variance may not be needed. The proposed 24’x24’ is not an oversized garage and reasonable in size for the use, but still requires some form of a variance to avoid the steeper portions of the lot and work with the current access for the parcel with minimal additional disturbance. Subject Property Legal Description (Taken from Deed at Reception NO. 20190065289): Parcel I: Lot 2, Block 2, Park Entrance Estates (Subject Parcel) Parcel II: Lot 16, Division 8, High Drive Heights, County of Larimer, State of Colorado Also Known As: 1454 Narcissus Drive, Estes Park, CO 80517 ;ŗ8ŗ#§ƱҒғŤ(X;JŔ$8ғƬƱƭƲ ƳƲƬŧƱғҒŧưƱưưŤ£TŗNґJTŗz¥ September 9. 2023 RE: Setback Variance Application of Lot 2, Block 2 of Park Entrance Estates. 1454 Narcissus Drive, Estes Park, CO 80517 Greetings Kara Washam, Planner I: The Upper Thompson Sanitation District submits these generalcomments (in addition to those submitted July 5, 2023)for the above referenced property: 1.The narrativein the Project Descriptionof the proposed new sewer main and 3 new manholesand a new 20-footutility easementis agreeable to Upper Thompson Sanitation district. 2.The property owner shall provide the District withengineered plansand profile drawings ofthe proposed relocation of the sanitary sewer mainfor reviewand approval by District staff. Prior to construction, the excavation companyand engineering firmshall also have a Pre-Construction meeting with UTSD staff. 3.Sanitary sewer mains shall bedesigned andconstructed in accordance with Appendix C Wastewater Collection System Specifications of the . Upon construction, the new sewer main extensionshall enter a 2-year warranty period with the excavator. Acceptance of the new sewer main extension is contingent upon acceptance by the UTSD Board of Directors. 4.All costs of a sewer main relocation, including easement acquisitions,engineered design, and construction of mains and manholes arethe sole responsibility of the property owner/developer. If you have any questions or concerns, please do not hesitate to contact me at nromig@utsd.org or 970.692.4237. Respectfully, Nathanael Romig Collection Superintendent ;ŗ8ŗ#§ƱҒғŤ(X;JŔ$8ғƬƱƭƲ ƳƲƬŧƱғҒŧưƱưưŤ£TŗNґJTŗz¥ Figure 1. 8-inch vitrified clay pipe traverses 1454 Narcissus Drive. Figure 2. UTSD Easement. Book 1655, page 0506. Spreen 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 DATE: February 2, 2010 RMNP RMNP Fall River - Entrance REQUEST: Variance from the E- EVDC Boundary 34 USFS (Eagle / Rock Mac Gregor Ranch 1Estate 25-foot yard setback 34 (/ requirement. RMNP Lake Estes Beaver Meadows Entrance 36 ( / 36 (/ Rocky LOCATION: 530 Heinz Parkway, Prospect Mt.36 36 7( / ( Mountain/ USFS National within the Town of Estes Park USFS Park Marys Lake YMCA Conference Grounds APPLICANT: Andy Human USFS Cheley USFS Camps 7 (/ RMNP EVDC Boundary Lily PROPERTY OWNER: Scott Lake Spreen STAFF CONTACT: Dave Shirk SITE DATA TABLE: Surveyor: England Surveying Parcel Number: 3526311006 Development Area: 1.57 acres +/- Number of Lots: One Existing Land Use: Single-family residential Proposed Land Use: Same, with a detached Existing Zoning: - garage Adjacent Zoning- East: - North: West: - South: - Adjacent Land Uses- East: Single-family residential North: Single-family residential West: Single-family residential South: Single-family residential Services- Water: Town Sewer: UTSD Fire Protection: Estes Park Volunteer PROJECT DESCRIPTION AND BACKGROUND: The applicant requests a variance to Table 4- Development Code to allow a detached garage to be built with a corner located 5-feet from the property line. REVIEW CRITERIA: 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 have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: Staff finds that special circumstances exist and practical difficulty may result from strict compliance with Code standards. Specifically, the shape, slope, existing site disturbance, and location of the existing structure combine to create special circumstances. 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 property can be put to beneficial use, according the zoning of the property. Specifically: The existing single-. b. Whether the variance is substantial; Staff Finding: The requested variance could be considered substantial, with a proposed setback of 5-feet. There is an unused 60-foot wide right-of-way adjacent to the lot. 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 essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. Page #2 Spreen Setback Request d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance would not adversely affect the delivery of public services. Specifically: Public service providers received the variance application for opportunity to review and comment. No concerns were expressed about adverse impacts to the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: This factor addresses whether or not requirements changed during current ownership of the property. For example, did the property owner purchase the property prior to adoption of the required setbacks? This factor 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. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The be mitigated through some method other than a variance, though it would result in additional site disturbance and grading. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance represents the least deviation from the regulations that will afford relief. The Board should use their best judgment if the request represents the least deviation. 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Comment: Staff has provided suggested conditions of approval at the end of the Staff report. 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. Page #3 Spreen Setback Request Neighboring Property Owners. Staff has received one email from a neighbor, who requested clarification about the location. Once clarified, the neighbor had no objection. Staff has not received any other correspondence regarding this request. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds: 1. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 2. The property can be put to beneficial use, according the zoning of the property. 3. The requested variance is not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variance would not adversely affect the delivery of public services. 6. The applicant was unaware of the Code requirement when the property was purchased. 7. The Applicant's predicament could be mitigated through some method other than a variance, though it would result in additional grading and site disturbance. 8. The variance represents the least deviation from the regulations that will afford relief. 9. 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. 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 the 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. Page #4 Spreen Setback Request 12. Approval of the 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; 13. Failure 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. Therefore, Staff recommends APPROVAL of the requested variance to allow a rear yard setback of 5-feet in lieu of the 25-foot setback required CONDITIONAL TO: 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. SUGGESTED MOTION: I move APPROVAL of the requested variance(s) with the findings and conditions recommended by staff. Page #5 Spreen Setback Request February 9, 2010 Scott and Michelle Spreen 530 Heinz Parkway Estes Park, CO 80517 RE: Spreen Variance Request To Whom It May Concern: The Estes Valley Board of Adjustment reviewed the Spreen Variance Request variance request on Tuesday, February 2, 2010, at the regular monthly meeting. At that time, the Board of Adjustment voted unanimous APPROVAL CONDITIONAL TO: 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. 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 Should you have any questions or comments regarding this matter, please feel free to contact Community Development at your convenience. Respectfully, _____________________ David W. Shirk, AICP Planner cc: Andy Human