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Home My WebLink AboutSTAFF REPORT Setback Variance 1051 Fall River Court 2006-08-01RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall RiverEntrance RMNPBeaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS I. PROJECT DESCRIPTION/BACKGROUND DATE OF BOA MEETING: August 1, 2006 LOCATION: The site is located at 1051 Fall River Court, within the Town of Estes Park. Legal Description: Lot 1 of the Replat of Lot 1 and Lot 2, Block 3 of the Replat of Lots 1 and 2, Block 3, Fall River Estates PETITIONER/OWNER: Rohrbaugh Properties, LLC/ Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: EVDC §4.4.C.4 Table 4.5 establishes a minimum required side-yard setback of fifteen feet in the “A” Accommodations/Highway Corridor zoning district; this minimum setback is increased to twenty-five feet if the property abuts a residential zoning district. The petitioner’s southern side yard abuts an “E-1” Estate-zoned lot, Fall River Estates Outlot F, and the petitioner is requesting a variance to the twenty-five-foot setback to allow an eight-foot-by-ten-foot storage shed to remain ten feet from the property line. 1051 Fall River Court Side-Yard Setback Variance Request 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 Page #2 – Side-Yard Setback Variance Request for 1051 Fall River Court II. SITE DATA AND MAPS Number of Lots One Parcel Number(s) 3522-26-001 Gross Land Area 1.49 acres per plat/1.503 acres per application form Existing Zoning “A” Accommodations/Highway Corridor Existing Land Use Accommodations Proposed Land Use Same SERVICES Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Town of Estes Park Volunteer Fire Department Gas Xcel Energy Company Electric Town of Estes Park Telephone Qwest HAZARDS/PHYSICAL FEATURES Mapped Hazard/Physical Feature Applicable to this Site? Wildfire Hazard No Geologic Hazard Yes – Steep Slopes Wetlands No Streams/Rivers Yes – Fall River – 100-Year Floodplain Ridgeline Protection No Critical Wildlife Habitat Yes – Big Horn Sheep LOCATION MAPS Page #3 – Side-Yard Setback Variance Request for 1051 Fall River Court AERIAL PHOTO III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.C 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. Blue Spruce Drive Fall River Court Page #4 – Side-Yard Setback Variance Request for 1051 Fall River Court 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. Town Attorney See Greg White’s letter to Alison Chilcott dated July 19, 2006. Upper Thompson Sanitation District See Reed Smedley’s letter to Alison Chilcott dated July 13, 2006. 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. Staff Finding: There are special circumstances associated with this lot that are not common to most lots in the “A” Accommodations/Highway Corridor zoning district and practical difficulty may result from strict compliance with the Code standards. This lot slightly exceeds the minimum required lot area of 40,000 square feet; however, almost half the lot is unbuildable — the area between the accommodations units and Fall River Road (US 34) is unbuildable due to river and arterial-road setbacks. The remainder of this area is heavily vegetated. All development is concentrated on the eastern half of the lot, portions of which are steeply sloped. Page #5 – Side-Yard Setback Variance Request for 1051 Fall River Court 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance. Staff Finding: There can be a beneficial use of the property without the variance. The accommodations use can continue. b. Whether the variance is substantial. Staff Finding: The variance is substantial in that the entire storage shed would encroach into the twenty-five-foot setback. However, the square footage encroachment, i.e., ninety-six square feet is not 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 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 as a result of the variance. No neighbors have submitted comments in support or opposition to the variance. There will be minimal impact to the adjacent property since it is an undevelopable, open-space outlot. In addition, the storage shed is significantly lower than Fall River Drive so it will not be highly visible from this road. As noted in the statement of intent, the proposed location is “about the only area on the lot that will support the small storage building without significant grading and retaining walls. Also, the other areas are much more visible to neighbors and perhaps more obtrusive.” d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance will not adversely affect the delivery of public services. Page #6 – Side-Yard Setback Variance Request for 1051 Fall River Court e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The owner purchased the property in 1999 prior to the February 1, 2000 effective date of the Estes Valley Development Code; however, they purchased the property with knowledge of the minimum required twenty-five-foot setback. Both the Aspen Winds and open space lots were annexed into the Town with the Fall River Second Addition in 1982. At the time the applicant purchased the Aspen Winds property in 1999 it was zoned “CO” Outlying Commercial and the open space lot was zoned “E” Estate. Section 17.20.040(b)(1)b of the prior development code states that the side property line setback increases from fifteen feet to twenty-five feet when a lot abuts the “E” Estate district. The setback did not change in 2000 with the adoption of the Estes Valley Development Code. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The storage shed could be sited to comply with the setbacks; however, the locations would result in greater impact to adjacent property owners and to the land. Another alternative is building an addition to the manager’s unit to increase storage capacity. 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. Page #7 – Side-Yard Setback Variance Request for 1051 Fall River Court Staff Finding: The variance, if granted, will 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 Board should use their best judgement to determine if the variance offers the least deviation from the regulations to 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. 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 variance CONDITIONAL TO: 1. The structure shall be shown on the Aspen Winds final condominium map and compliance with the variance shall be verified at that time.