HomeMy WebLinkAboutVARIANCE Setback 562 Driftwood Ave 2023-11-07
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: November 7, 2023
Application: Variance Request for Front Setback
562 Driftwood Avenue, Estes Park
Linda Small, Owner/Applicant
Paul Brown, 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): Neighborhood Village
Zoning District: Residential (R)
Site Area: 0.17 Acres (+/- 7,405 SF)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
The Applicant requests approval of a variance to reduce the front setback along the
south property line to eight feet (8') in lieu of the fifteen feet (15') front setback required
in the R (Residential) 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 Country Club Manor Addition subdivision and contains
one single-family residence constructed in 1974. The Applicant, Linda Small, purchased
the property in 2013. The lot is 0.17 acres and is legally nonconforming in lot size and
front setback along Landers Avenue. The Applicant proposes to construct an addition to
the east side of the existing residence in order to extend the master bedroom and
bathroom to accommodate health needs, including mobility issues. A carport is
proposed under this addition. Thereare currently four (4) points of access to the subject
Appendix D.III.B.5.d. of the EPDC, which permits up to two (2) driveway openings per
lot, totaling no more than tThe subject property is categorized as a
corner lot, per §13.3.138 of the EPDC, with frontage along Driftwood Avenue and
Landers Street.
corner lots and double-frontage lots, all sides of the lot with street frontage shall be
The fifteen feet (15') front
setback required in the R (Residential) Zone District applies to both property lines along
Driftwood Avenue and Landers Street.
Variance Description
The Applicant requests a variance to allow a reduced front setback of eight feet (8')
along the south property line (Landers Street) in lieu of the fifteen feet (15') front
setback required in the R (Residential) Zone District. The Applicant proposes to
construct a
Proposed Site Plan
Location and Context:
The 0.17-acre lot is located at 562 Driftwood Avenue, approximately 1,300' southwest of
the intersection of Stanley Avenue and Prospect Avenue. The subject property and all
adjacent properties are zoned R (Residential) and are residential in use with medium
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density.The majority of lots in the surrounding area are nonconforming by lot size and
building setbacks.
Vicinity Map
Zoning and Land Use Summary Table
Comprehensive Plan (2022) Zone Uses
Subject
Neighborhood Village R (Residential) Residential
Site
North Neighborhood Village R (Residential) Residential
South Neighborhood Village R (Residential) Residential
East Neighborhood Village R (Residential) Residential
West Neighborhood Village R (Residential) Residential
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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.
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Staff Finding:Special conditions exist due to the legally nonconforming status of
the property. The subject lot was included in an amended plat recorded in 1985,
well before the current Estes Park Development Code was adopted in 2000. The
existing lot size of 0.17 acres is below the minimum lot size of 0.25 acres in the R
(Residential) Zone District, creating a challenge for building setbacks to be met.
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 beneficial without the variance and without
the proposed addition. However, approval of the variance would allow the
Applicant to move forward with construction of the addition that would allow her
to remain in the home while addressing medical and mobility challenges.
b. Whether the variance is substantial;
Staff Finding: The variance request for an eight-foot (8') front setback in lieu of
fifteen feet (15') is moderately substantial.
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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 will not be
substantially altered with this proposed addition as it would be flush with the
existing residence. The requested reduced front setback (Landers Avenue) is
consistent with the setback of the adjacent property at 561 Columbine Avenue.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer.
Staff Finding: The proposed addition to the existing residence would not affect
the delivery of public services.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: The Applicant purchased the property in 2013. It is unknown if the
Applicant had intention of constructing an addition to the existing property when it
was purchased or if the Applicant was aware that the front setback (Landers
Avenue) for the existing residence was non-conforming.
f. Whether the Applicant's predicament can be mitigated through some
method other than a variance.
Staff Finding: The Applicant could consider proposing an addition to the existing
residence that meets the fifteen feet (15') front setback required in the R
(Residential) Zone District. However, the Applicant desires the proposed addition
to be flush with the existing south wall of the property.
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.
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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
permitted or 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 an
addition to the existing residence. The existing use is single-family dwelling and
is permitted by right in the R (Residential) zoning district per Table 4-1 of the
EPDC. No additional or accessory uses are proposed with this variance request.
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 for the variance request were received.
Review comments from Town of Estes Park Public Works Department expressed
concern for existing non-compliant driveway access at the subject property
(Attachments 6 & 7). The variance request is not affected by this issue. Neither existing
nor proposed driveway access is included in this setback variance request and is not
subject to approval or denial by the Board of Adjustment. However, Public Works
recommends mitigation of the excessive site access and will review as part of the
building permit process, if the variance is approved.
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 one (1) phone call
inquiry for the variance request. Support of the proposed variance request was
expressed. No written public comment was received.
Written notice mailed to adjacent property owners on October 18, 2023.
Legal notice published in the Estes Park Trail-Gazette on October 20, 2023.
Application posted on the Town's "Current Applications" website.
Advantages
This variance would allow the Applicant to proceed with constructing an addition to the
existing residence.
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Disadvantages
There are no known disadvantages of the variance to allow a reduced front setback of
eight feet (8') in lieu of the fifteen feet (15') front setback required in the R (Residential)
Zone District.
Action Recommended
Staff recommends approval of the proposed variance described in this staff report.
Finance/Resource Impact
N/A
Level of Public Interest
Low.
Sample Motions
I move to approve the variance request for an eight-foot (8') front setback along the
south property line for the subject property addressed as 562 Driftwood Avenue in the
Town of Estes Park, with findings as outlined in the staff report.
I move to approve the variance request for an eight-foot (8') front setback along the
south property line for the subject property addressed as 562 Driftwood Avenue 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. Statement of Intent, Revised
4. Small Residence Site Plan
st
5. Planning Review Comment Letter, 1 Round Review
st
6. Public Works Referral Form, 1 Round Review
nd
7. Public Works Referral Form, 2 Round Review
8
BUUBDINFOU!2
BUUBDINFOU!3
BUUBDINFOU!4
BUUBDINFOU!5
BUUBDINFOU!6
Planning Review
Community Development
Comment Letter
Community Development
To:Paul Brown, paulbrown0813@outlook.com
Linda Small, LUVESTES@gmail.com
Through:Jason Damweber, Interim Community Development Director
From: Kara Washam, Planner I, kwasham@estes.org
Date: October 3, 2023
Project:562 Driftwood Variance Request
st
Submittal #:1 1Round Review Comments
Summary:
The following documents were reviewed withthis submittal:
Statement of Intent
SitePlan
Analysis:
Statement of Intent
RE:PLN STATEMENT of Intent 562 Driftwood Variance Sub#1
Statement of Intent incorrectly callsthisa sideyardsetbackvariance. This lot is a
double frontage lot. The property line along Driftwood Ave andLanders St are
both considered front setbacks. However, the Statement of Intent correctly calls
out the setback as 15-0.No need to revise or resubmitthe Statement of Intent--
I just wantto make sure the applicant/consultant understands this technicality.
Site Plan
RE: PLN SITE Plan 562 Driftwood VarianceSub#1pdffor redlines. Comments
summarized below:
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Show conceptual (or sketch) of the elevation of the proposed addition, for clarity.
The S.O.I. mentions ground floor but this is confusing since it appears the garage
is the ground floor.
Proposed new access off of Landers St in line with the proposed carport is NOT
supported by staff. Existing access already far exceeds what is permitted per
Estes Park Development Code.
Provide clear dimensions of the proposed setback from the property line to the
proposed addition.
Update Legend to show hatch (patterned fill) for proposed areas.
Access Notes state that no new access is being proposed. This contradicts what
is show on the plan. Update for consistency.
Summary of Comments by Reviewing Agencies
Town of Estes Park Public Works
The number and width of driveway openings is not in compliance with EPDC, Appendix
D, III. B. 5. d. or 7. b. The quarter-circle driveway with entrances on Driftwood (17 feet)
and Landers (16 feet) exceeds 30 feet. The access at the overhead door is about 12
feet wide on Landers St. Also, a vehicle was parked on the property in the area to the
east of the proposed addition using an access from Landers St which requires the driver
to back into the ROW. In summary, the property currently uses four access openings
that total about 60 feet. The proposed carport would add a fifth access and increase the
total opening width to about 70 feet. Public Works does not support the existing or
proposed site access without mitigation of current non-compliance.
General Notes:
Resubmittal IS required.
All comments shall be addressed and corrected prior to resubmittal.
Subsequent submittals shall include a response letter that acknowledges
comments by Town Staff and external agencies. If comments cannot be resolved
as noted, applicant/consultant shall provide reasoning and alternatives.
All comments by Town Staff and external agencies must be satisfied prior to
approval.
Please contact Planning Division at (970) 577-3721 or planning@estes.org for
further clarity.
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
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PROJECT ROUTING REFERRAL FORM
PROJECT NAME 562 Driftwood Ave Setback Variance
PROPOSAL REQUEST Reduced front setback to construct addition to existing residence
SITE ADDRESS 562 Driftwood Avenue, Estes Park, CO
LOT 17, AMD LOTS 15, 16 & 17, BLK 8, COUNTRY CLUB
LEGAL DESCRIPTION
MANOR ADD, EP
PARCEL ID 2530338017
OWNER(S) / APPLICANT(S) Linda Small
CONSULTANT /ENGINEER Paul Brown (Concept Design/Build)
PROJECT MANAGER Kara Washam, Planner I
DECISION MAKING BODY Board of Adjustment
st
SUBMITTAL # 1 1 Round Review Comments
COMMENTS DUE DATE Thursday, September 21, 2023
If the checkbox is selected below, review comments are requested. Please complete form
on Page 2 and return via email to project manager by due date listed above.
TOWN STAFF
Jennifer Waters (PW) Joe Lockhart (Power) Shane Krell (Water)
Gary Rusu (Building) Tyler Boles (Power) Dan Kramer (Attorney)
Adam Edwards (Power) Jason Lang (Water) Jackie Williamson (Clerk)
EXTERNAL AGENCIES & DISTRICTS
EV Fire Protection Upper Thompson San. Telecomm:
Fire Dev. Review EV Recreation & Parks Other:
Estes Park Sanitation EP School District R-3 Other:
LARIMER COUNTY
Planning Engineering Health & Environment
Building Surveyor LETA
STATE AND FEDERAL
CDOT Army Corps of Engineers Bureau of Land Mgmt
CO Division Parks/Wildlife Bureau of Reclamation National Forest Service
Estes Park Post Office RMNP Other:
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
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PROJECT ROUTING REFERRAL FORM
AGENCY Public Works
REVIEWER Jennifer Waters
SIGNATURE
DATE 9/21/2023
No Comments
Resubmittal Required
Comments Provided via Comment Letter (attached)
SUMMARY OF COMMENT
562 Driftwood Ave
variance in order to attach a ground-floor living space to an existing home; however, the
site access is non-compliant as discussed at the Pre-App meeting on 8/24/23. The
number and width of driveway openings is not in compliance with EPDC,
Appendix D, III. B. 5. d. or 7. b. The quarter-circle driveway with entrances on
Driftwood (17 feet) and Landers (16 feet) exceeds 30 feet. The access at the overhead
door is about 12 feet wide on Landers St. Also, a vehicle was parked on the property in
the area to the east of the proposed addition using an access from Landers St which
requires the driver to back into the ROW. In summary, the property currently uses four
access openings that total about 60 feet. The proposed carport would add a fifth
access and increase the total opening width to about 70 feet. See photos from
site visit on 9/21/23. Public Works does not support the existing or proposed site
access without mitigation of current non-compliance.
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170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
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BUUBDINFOU!8
PROJECT ROUTING REFERRAL FORM
PROJECT NAME 562 Driftwood Ave Setback Variance
PROPOSAL REQUEST Reduced front setback to construct addition to existing residence
SITE ADDRESS 562 Driftwood Avenue, Estes Park, CO
LOT 17, AMD LOTS 15, 16 & 17, BLK 8, COUNTRY CLUB
LEGAL DESCRIPTION
MANOR ADD, EP
PARCEL ID 2530338017
OWNER(S) / APPLICANT(S) Linda Small
CONSULTANT /ENGINEER Paul Brown (Concept Design/Build)
PROJECT MANAGER Kara Washam, Planner I
DECISION MAKING BODY Board of Adjustment
nd
SUBMITTAL # 2 2 Round Review Comments
COMMENTS DUE DATE Thursday, October 26, 2023
If the checkbox is selected below, review comments are requested. Please complete form
on Page 2 and return via email to project manager by due date listed above.
TOWN STAFF
Jennifer Waters (PW) Joe Lockhart (Power) Shane Krell (Water)
Gary Rusu (Building) Tyler Boles (Power) Dan Kramer (Attorney)
Adam Edwards (Power) Jason Lang (Water) Jackie Williamson (Clerk)
EXTERNAL AGENCIES & DISTRICTS
EV Fire Protection Upper Thompson San. Telecomm:
Fire Dev. Review EV Recreation & Parks Other:
Estes Park Sanitation EP School District R-3 Other:
LARIMER COUNTY
Planning Engineering Health & Environment
Building Surveyor LETA
STATE AND FEDERAL
CDOT Army Corps of Engineers Bureau of Land Mgmt
CO Division Parks/Wildlife Bureau of Reclamation National Forest Service
Estes Park Post Office RMNP Other:
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
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PROJECT ROUTING REFERRAL FORM
AGENCY Public Works
REVIEWER Jennifer Waters
SIGNATURE
DATE 10/26/2023
No Comments
Resubmittal Required
Comments Provided via Comment Letter (attached)
SUMMARY OF COMMENTS:
562 Driftwood Ave
to attach a ground-floor living space to an existing home; however, the site access is non-compliant as
discussed at the Pre-App meeting on 8/24/23 and in Public Works comments on 9/21/23 for the original
setback variance submittal. The number and width of driveway openings has not been compliant
with EPDC, Appendix D, III. B. 5. d. or 7. b.
The quarter-circle driveway with entrances on Driftwood Ave and Landers St is acceptable.
Public Works understands that access at the overhead door on Landers is not used for vehicles.
The applicant is aware of the Public Works request to use the existing gravel drive only as
overflow parking for visitors and guests. Mitigation of the gravel drive as a permanent driveway
will be reviewed as part of the building permit process if the variance is approved.
The proposed concrete access for a new carport will be reviewed as part of the building permit
process if the variance is approved.
Previous building permit approval is not relevant for Public Works staff currently reviewing proposed
construction and development for public safety and Code compliance. Where warranted and allowed by
-conforming conditions shall be mitigated.
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