HomeMy WebLinkAboutVARIANCE Setback 857 Moraine Ave 2000-11-29Lemke Setback Variance
saL.e.. 857 Moraine Ave.
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: 11-29-00
REQUEST: Setback Variance from section 5.1.Q (4a) requires IOOft. setback from
all residential districts
LOCATION: 857 Moraine Ave .
(across from Tiny Town Texaco )
. PROJECT DESCRIPTION
AND BACKGROUND:
SITE DATA
Owner: David and Brenda Lemke
Zoning: CO Commercial Outlying
Property Size: 0.92 acres
Existing Use: Retail
Proposed Use: Auto Repair
RAP
Fd R+a
RMVP
RMVP
USFS
USFS
This is a request for a variance to reduce the required setback between the auto repair /
auto service use and the neighboring residential use from 100 ft. down to 45 ft. This
variance would allow submittal of a development plan that would propose the conversion
and renovation of the existing building from a retail commercial use to the auto repair.
II. REVIEW CRITERIA: 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.. The special condition on this site is the topographic
separation of the existing building from the neighboring residential use.
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; yes, there can.
b. Whether the variance is substantial; yes
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; the character of
the neighborhood would not be dramatically altered.
d. Whether the variance would adversely affect the delivery of public
services such as water and sewer; no
e. Whether the Applicant purchased the property with knowledge of
the requirement; no
Whether the Applicant's predicament can be mitigated through
some method other than a variance, It is not possible to locate this
use on this property without a variance.
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.
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 #2 - Agenda Item #
5. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief. This use could be located farther away
from the neighboring residential use if a new building were to be
constructed on the northerly portion of the site.
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.
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.
REFFERAL COMMENTS AND OTHER ISSUES: 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.
IV. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing,
staff fmds:
• The special condition on this site is the topographic separation of the existing
building from the neighboring residential use. This may be considered as grounds
for granting the variance.
• It is not possible to locate this use on this property without a variance.
• This use could be located farther away from the neighboring residential use if a
new building were to be constructed on the northerly portion of the site.
Page #3 - Agenda Item #