Loading...
HomeMy WebLinkAboutSTAFF REPORT Variance Timbercreek Chalet Landscaping 2001-11-13 DATE: November 13, 2001 REQUEST: A request by Fred and Debra Wojcik for a variance from the street frontage buffer as required in Section 7.5 Landscaping of the Estes Valley Development Code. The applicant requests to place parking spaces and a driveway within the required arterial street frontage buffer. LOCATION: 2115 Fall River Road (Timbercreek Chalets). FILE #: Wojcik, Fred and Debra (11/13/01) I. SITE DATA TABLE: Parcel Number(s): 3522222001 Total Development Area: 11.15 acres Number of Lots: One Existing Land Use: Accommodations Proposed Land Use: Same Existing Zoning: “A-1” Accommodations Adjacent Zoning- East: “A-1” Accommodations North: “A-1” Accommodations West: “A-1” Accommodations, “A” Accommodations South: “A” Accommodations Adjacent Land Uses- East: Single-Family Residential North: Single-Family Residential West: Accommodations (Riverstone), Undeveloped South: Accommodations II. PROJECT DESCRIPTION AND BACKGROUND: The applicant requests a variance to Section 7.5 Landscaping and Buffers; subsection F.b (6) Timbercreek Chalet Landscaping Variance 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 RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall RiverEntrance RMNP Beaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS Page #2 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) No Development In Street Frontage Buffer Area of the Estes Valley Development Code. Specifically, the applicant wishes to place approximately 1.5 parking spaces and a driveway within the landscape setback. Section 7.5 sets forth landscaping requirements for new development. This proposal requires arterial street buffering within a 25-foot wide landscape zone. Subsection F.b (6) states “ Within the street frontage buffer, there shall be no development, parking or drives, except for access to the portion of the site not in the buffer, which is approximately perpendicular to the right-of- way, underground utility installation, pedestrian and bicycle paths, allowable signs and necessary lighting.” A development plan was conditionally approved July 2001. A condition of approval was to either redesign the parking area to conform to Section 7.5, or to petition the Board of Adjustment for a variance. The applicant has opted to petition the Board. III. REVIEW CRITERIA: In accordance with Section 3.6 C. “Standards for Review” of the EVDC, all applications for variances shall demonstrate compliance with the 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 lot has rock outcroppings located immediately east of the proposed duplex structure. The area proposed for development has slopes of approximately 20%. Due to the presence of rock outcroppings, excavation and/or blasting would be necessary to create developable area to accommodate the proposed duplex and associated parking spaces. One of the intents of the Development Code is to protect such areas from development. Due to these factors, it is Staff’s opinion special circumstances exist. 2. In determining "practical difficulty," the BOA shall consider the following factors: Page #3 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) a. Whether there can be any beneficial use of the property without the variance; Staff Comment: The site could continue with the current accommodation development. An option may be to build up (on top of existing units), and utilize this area for parking (the existing structures may not be able to structurally support additional levels). Another option would be to position the proposed duplex and parking spaces further to the east, which would require the aforementioned excavation work. b. Whether the variance is substantial; Staff Comment: The requested variance does not include any structures, and the majority of the asphalt is for travel, not parking. In addition, the proposed surface will be located above the travel grade of Fall River Road, and screened by an existing fence. Therefore, Staff does not consider the requested variance 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: In order to minimize the impact of the parking and driveway on Fall River Road (which is the intent of the landscape buffer), the applicant has proposed to paint the existing wooden fence and extend it 16-feet to the north. Staff suggests additional landscaping be located in front of the fence; specifically Staff recommends the placement of an additional three (3) coniferous trees between the parking area and Fall River Road. These trees should all be at least 8-feet in height and in a healthful condition at planting. In addition, these trees should be placed so they will not interfere with the existing overhead power lines. Further, Staff recommends five (5) shrubs be planted along the base of the fence. d. (Not applicable) Whether the variance would adversely affect the delivery of public services such as water and sewer; e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Comment: The applicant purchased the property in 1999. At that time, the property was zoned a combination of “RM” Page #4 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) Multi-Family and “E” Estate Single-Family. The property was rezoned to the “A-1” district and the landscaping requirements implemented 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 Comment: The applicant could position the proposed duplex unit further east from Fall River Road, which would allow for all three parking spaces and associated travel lanes to be located within the required setback buffer. As previously mentioned, this would require additional excavation work to remove rock outcroppings. 3. (Not applicable) 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. 4. (Not applicable) 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. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Comment: The site plan could be redesigned to reduce the amount of asphalt surface that is not for use for parking. This would be accomplished by narrowing the drive surface to a maximum of 20-foot as described in the figure below. This would require the redesign of the “dirt driveway” leading to the storage sheds to allow for a turn-around area. 222000---FFFEEEEEETTT Page #5 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) 6. (Not applicable) 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. 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 Comment: A vote of approval should include the following conditions: Compliance with a revised development plan incorporating the following: 1) Three (3) additional coniferous trees, minimum of 8-feet tall and in a healthful condition, shall be located between the proposed parking/drive area and Fall River Road. Trees shall be located so they will not interfere with existing overhead power lines, and shall be located outside of the road right-of-way. 2) Five (5) 5-gallon shrubs shall be planted along the west side of the fence. 3) Existing fencing shall be extended 16-feet north, and shall be painted and maintained. 4) The drive area shall be redesigned to be a maximum of 20-feet wide, and adequate turn-around area shall be provided for the parking spaces. IV. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all applicable reviewing agency staff for consideration and comment. Page #6 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. V. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds: 1. The applicants, Fred and Debra Wojcik, request a variance to Section 7.5 Landscaping and Buffers; subsection F.b (6) No Development In Street Frontage Buffer Area of the Estes Valley Development Code. 2. Specifically, the applicant’s wishes to place approximately 1.5 parking spaces and a driveway within the landscape setback. 3. The site is located at2115 Fall River Road (Timbercreek Chalets). 4. A development plan was conditionally approved July 2001. A condition of approval was to either redesign the parking area to conform to Section 7.5, or to petition the Board of Adjustment for a variance. 5. It is Staff’s opinion special circumstances exist. 6. The site could continue use with the current unit/driveway configuration 7. Other site design options exist. 8. Staff does not consider the requested variance substantial. 9. In order to minimize the impact of the parking and driveway on Fall River Road, the applicant has proposed to upgrade the existing wooden fence by extending it 16-feet to the north and painting. 10. Staff suggests additional landscaping be located in front of the fence. 11. The property was rezoned to the “A-1” district and the landscaping requirements implemented with the adoption of the Estes Valley Development Code. 12. The site plan could be redesigned to reduce the amount of asphalt surface that is not for use for parking. 13. 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. Therefore, Staff recommends APPROVAL of the requested variance to Section 7.5 Landscaping and Buffers; subsection F.b (6) No Development In Street Frontage Buffer Page #7 – Timbercreek Chalet Landscaping Setback Request (Fall River Road) Area of the Estes Valley Development Code, specifically to place two (2) parking spaces and a driveway within the landscape setback CONDITIONAL TO compliance with a revised development plan incorporating the following: 1) Three (3) additional coniferous trees, minimum of 8-feet tall and in a healthful condition, shall be located between the proposed parking/drive area and Fall River Road. Trees shall be located so they will not interfere with existing overhead power lines, and shall be located outside of the road right-of-way. 2) Five (5) 5-gallon shrubs shall be planted along the west side of the fence. 3) Existing fencing shall be extended 16-feet north, and shall be painted and maintained. 4) The drive area shall be redesigned to be a maximum of 20-feet wide, and adequate turn-around area shall be provided for the parking spaces. 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.