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Home My WebLink AboutVARIANCE Side Seback 1300 Graves Ave 2004-07-13PPR 11.11•1111111 NIMMEN=MMIN 1300/1302 Graves Avenue Side Yard 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 PROJECT OVERVIEW DATE OF BOA MEETING: July 13, 2004 REQUEST: The petitioner requests a variance to Estes Valley Development Code Section 4, Table 4-5 "Base Density and Dimensional Standards Nonresidential Zoning Districts" which requires a minimum side yard setback of twenty-five feet in the "CO" Outlying Commercial zoning district for side lot lines abutting residentially zoned property. LOCATION: The site is located at 1300/1302 Graves Avenue, within the Town of Estes Park. Legal Description: Lot 1, EPOC Subdivision PETITIONER/PROPERTY OWNER: Chris and Karen Steadman/Rick Allnut Funeral Services STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) II. PROJECT DESCRIPTION/BACKGROUND The petitioner requests a variance to Estes Valley Development Code Section 4, Table 4-5 "Base Density and Dimensional Standards Nonresidential Zoning Districts" which requires a minimum side yard setback of twenty-five feet in the "CO" Outlying Commercial zoning district for side lot lines abutting residentially zoned property. Specifically, this is a request for a 9.5 foot variance from the twenty-five foot side yard setback to build a one story addition to Karen's Flowers 15.5 feet from the western lot line. The existing building is 600 square feet according to the site plan prepared by Van Horn Engineering. The proposed 240 square foot addition (ten by twenty-four feet) will increase the building square footage to 840 square feet. III. SITE DATA AND MAPS Number of Lots One Parcel Number(s) 2530436001 Total Development Area 0.45 acres (19,815.5 sq. ft.) per plat Existing Zoning "CO" Outlying Commercial Proposed Zoning "CO" Outlying Commercial Existing Land Use Karen's Flowers and Allnut Funeral Service Proposed Land Use Same ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North "RM" Multi -Family Residential Multi -Family Residential South "CO" Outlying Commercial Self -Service Mini -Storage (Lake Pines Self Storage) Office (Insurance & Investment Services) East "CO" Outlying Commercial Office (Flattop Professional Suites — CPA) West "RM" Multi -Family Residential Multi -Family Residential Note: Adjacent land uses are determined from Larimer County Tax Assessor website and site visit. SERVICES Water Town Sewer Upper Thompson Sanitation District Fire Protection Town of Estes Park Phone Qwest LOCATION MAP Graves Avenue Page #2 — 1300/1302 Graves Avenue, Lot I, EPOC Subdivision Side Yard Setback Variance Request AERIAL PHOTO 0,0„pophrbtft •�ra " ry4EI, 11 tw egr WitiliA SITE PLAN ,,AfrA r enue lifoker"hor 1,pr 64." it/b/Z:a0z;444 gowl/ .L40 ^froostipv ) 2' [LA [At 340 PPAINIV.7 •Fi PROP DI ED A 1- -* ofofefferit- Minimum RequiredSetback (-- Lo, 0 0 -', ° 0 0 WILK, ....... „.- o 0 0 0o ANS low 41'4AZ- ,,c•Z`N„ 't'. Ai J15 IV. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.0 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. Page #3 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request V. 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 Public Works Department See Greg Sievers' memo to Alison Chilcott dated June 21, 2004. Town Attorney See Greg White's letter to Alison Chilcott dated June 17, 2004. Estes Park Sanitation District See James Due11's letter to Alison Chilcott dated June 21, 2004. VI. 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: The location of the Karen's Flowers building on the lot creates special circumstances and practical difficulty may result from strict compliance with this Code's standards. This 600 square foot, one story cabin was built in 1911. As shown on the site plan the existing building encroaches into the southern (rear) fifteen foot setback by 2.4 feet. The building is also 25.4 feet from the western (side) property line. Expansion to the north and/or east would require redesign of the adjacent parking lot. 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. Page #4 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request Staff Finding: There can be a beneficial use of the property without the variance. The cabin can continue to be used as a flower shop without the proposed addition. b. Whether the variance is substantial. Staff Finding: This is a request for a 9.5 foot variance from the twenty-five foot side yard setback, a thirty eight percent variance, which is substantial. However, placing approximately 200 square feet in the setback in this location is not substantial given the seventy-five foot separation between the proposed addition and the adjacent apartments. The current separation is eighty-five feet as shown on the aerial photo in Section III of this report. 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 proposed addition will not substantially alter the essential character of the neighborhood. Adjoining property owners have not contacted staff to comment on this proposal and staff is not aware of their opinions about the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance will not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: According to the Town Clerk's records, a floral business has been licensed at 1300 Graves Avenue since 1997. In 2002 the ownership changed from Estes Park Floral to Karen's Flowers of Estes, Inc. Since Karen's Flowers' lease began after the February 1, 2000 effective date of the Estes Valley Development Code and the EVDC is public record, the applicant leased the property with knowledge of the twenty-five foot side yard setback requirement. Page #5 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request As mentioned in the applicant's Statement of Intent, the setback increased from fifteen feet to twenty-five feet when the adjacent property to the west was rezoned from "CO" to "RM" with the adoption of the Estes Valley Development Code. The prior setback was fifteen feet per Section 17.20.040(b)(l)b of the Municipal Code which was repealed with the adoption of the EVDC. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant's predicament can be mitigated through some method other than a variance. An addition of the same size could be placed on the front or eastern side of the building; however, this would require parking lot redesign. A same sized addition to the rear would also require a variance. Staff believes the proposed addition is the best option. 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. 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 variance, if granted, offers the least deviation from the regulations that will afford relief. Page #6 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request 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 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. Landscaping Two trees and three shrubs are proposed to buffer the view from the adjacent property to the west. Staff recommends that these trees and shrubs be planted prior to final building permit inspection or guaranteed in accordance with EVDC §7.5.C.3 if landscaping cannot be installed because of seasonal conditions. Landscaping standards in EVDC §7.5.D General Landscaping Design Standards, §7.5.I Technical Landscaping Requirements and §7.5.J Maintenance Requirements should apply to proposed trees and shrubs. Temporary Storage Structure The temporary storage structure shown on the site plan to the south of Karen's Flower's was erected without a building permit and encroaches onto the property to the south. As a condition of approval staff recommends that this structure be removed prior to final building permit inspection for the addition. 8. Parking During development plan review in 1994 and review of the conversion of the cabin to a flower shop in 1997, provision of adequate parking was discussed. With the proposed expansion of the Karen's Flowers parking demand may increase. The parking calculations on the site plan show that adequate parking is provided and staff is not aware of overflow parking problems on this site. 9. 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 V of this staff report, are incorporated as staff findings. 10. 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 Page #7 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request automatically render the decision of the Board of Adjustment null and void. VII. STAFF RECOMMENDATION Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1. Compliance with the submitted plans. 2. 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. 3. The proposed trees and shrubs shown on the site plan shall be planted prior to final building permit inspection or guaranteed in accordance with EVDC §7.5.C.3 if landscaping cannot be installed because of seasonal conditions. Landscaping standards in EVDC §7.5.D General Landscaping Design Standards, §7.5.1 Technical Landscaping Requirements and §7.5.J Maintenance Requirements shall apply to proposed trees and shrubs. 4. The unpermitted "temporary storage structure" shown on the site plan to the south of Karen's Flower's shall be removed prior to final building permit inspection for the addition. 5. Compliance with Public Works memo dated June 21, 2004. The requested information shall be shown on the building permit application. Page #8 — 1300/1302 Graves Avenue, Lot 1, EPOC Subdivision Side Yard Setback Variance Request May 26, 2004 Statement of Intent Karen's Flowers Building Expansion V( 2 6 A local business, Karen's Flowers, 1300 Graves is asking permission to remodel their building and add a 10' by 24' addition to the western side. The addition will be for retail space and storage. The west side of the existing building is the only area on the lot that will allow an addition. The lot is currently zoned CO which requires 15' setbacks all around. With the adoption of the Estes Valley Development Code (EVDC) in 2000, the property to the west (owned by Stone Ridge Condominiums) was rezoned from CO to RM. This zoning change created a zoning boundary hardship on the subject properties west side. According to the EVDC a zoning boundary requires additional setback (25' total). The requested addition to the flower shop meets the 15' side setback but does not meet the additional setback required by the zoning change. To mitigate the requested variance, an irrigated landscape buffer is proposed west of the addition. The buffer will meet EVDC landscaping requirements. The proposed addition will be used for retail space and storage. Currently, there is a temporary quonset shaped structure behind the flower shop that is used for seasonal storage. That structure will be removed as a part of this application. Other zoning parameters (F.A.R., parking, drainage and impervious coverage requirements will easily be met). Standards for Review: la. Special Circumstances: The cabin was moved onto this site prior to the subdivision creation. The cabin exists in a skewed orientation as compared to the lot lines. The zoning of the property to the west was changed with the adaption of the current code from CO to RM which requires the 25' setback rather than a 15' setback (if both lots were still zoned CO). Given the improvements (parking lot) on thc north and east sides of the existing cabin, the only location for an addition is to the west. 2a. Beneficial use of the property without a variance: The applicant (petitioner) and owner currently have use of the property without a variance. Granting this variance will allow the flower shop to better serve existing clients and to remove the quonset shaped temporary storage structure. 2b. Is the Variance Substantial? (The southern setback variance is for 12.6 feet vs. 15 feet or a 2.4' variance on the required 15' distance (16%)7) 2 14 1.‘4 e\50-`); 'Zinc-y.040G. c„%1 vs..Z 4-1, • 4W1/4.00..i. 1 Cx.r1 C The western setback is for 15.5 feet vs. 25 feet or a 9.5 variance on the requitecl 2 istance (38%). The western setback of 25' is only required given there is residential zoning to the west. The proposed landscape buffer and the fact that the closest building to the west is 75 feet west of the subject lot line provide adequate buffering and lessen the realistic impact and degree of the variance. 2c. Neighborhood Impact of the Variance: This variance will have very minimal impact on the neighborhood. The flower shop is a day use only, low impact, quiet neighbor. The building being located 15.5 feet rather than 25 feet from the common lot line will have negligible impact on the neighborhood. 2d Adverse Impact of Public Services: There will be no adverse impact of public services as a result of this variance on the owner, applicant, or neighborhood. 2e Owner's Applicant Awareness at time of purchase: The owner and applicant were surprised to learn of the additional setback buffer that was placed on the subject property as a result of the 2000 code change to the zoning of the western neighboring property. The cabin existed in place prior to the zoning change to the subdivision of the subject property. 2f Can there be migation of predicament other than a variance?: the owner cannot add onto the existing building in the most practical direction (south or west) without some foiin of a variance. Maj G 04 07:58a Allnutt Funeral Service 970 482 3309 p . 1 Petitioner's Address: / 7� Petitioner is: Existing Land Use: Existing Water Service: Existing Sewer Service: Existing Gas Service: Submittal Date: General information Address of Lot: Legal Description: Parcel ID II: Owner's Name: Owner's Address: TOWN OF ESTES PARK ESTES VALLEY BOARD OF ADJUST APPLICATION Lot: / Block: Tract: Subdivision: JK /ga goTTO 1./t tone -3,2o / C=, 3 Number Street Box if statw Zi Petitioner's Name: Phone: sy —74 73 Fax: i)-c) . e_ep • er 6-77 Number Owner Site Access (if not on public street): Wetlands on Site? Street Butt City Soo Zip Le Yes No e 1— Agent Proposed Land Use: Lot Size: Zoning: .• • .....••••• • " """,, .• • • • „. • • • • • Specific Variance Desired - Section #: ignature et ()wner(s)of Record I grant permission for Town of Estes Park Employees and Board of Adjustment Members with proper identification access to my property during the review of this application. il Record Owner(s): /62 Date: ,57-:‘,U IV Statement of Intent: Shall Comply with Standards Set Forth in Section 3.6.0 of the EVDC IT --"Application Fee: See Appropriate Town or County Fee Schedule Ii--"Names and Mailing Addresses of all Adjacent Property Owners (within 100 ft., excluding ROW) /L---1Copy of the Site Plan for Staff Review (drawn at a scale of 1" = 20')** 1-L7"i Reduced Copy of Site Plan (11 X17) **Site Plan shall include the information in Appendix B.VII.5 (Attached). Additional copies of the Site Plan Date and Time of Board of Adjustment Meeting: -«jk 7c0' c>0 01-1 Town of Estes Park -6 P.O. 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