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Home My WebLink AboutVARINACE Setback 425 Chapin Ln 2003-06-18PRI IMINIE11101 425 Chapin Lane 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 I. PROJECT OVERVIEW DATE OF BOA MEETING: August 5, 2003 REQUEST: The petitioner requests variances to Estes Valley Development Code Section 4, Table 4-2 "Base Density and Dimensional Standards Residential Zoning Districts" which requires minimum side and rear yard setbacks of twenty-five feet in the "E-1" Estate zoning district. LOCATION: The site is located at 425 Chapin Lane, within the Town of Estes Park. Legal Description: A portion of Lot 121 Al Fresco Place Subdivision. PETITIONER/PROPERTY OWNER: Steve Cathcart and Teresa Hoit/Steve Cathcart STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) II. PROJECT DESCRIPTION/BACKGROUND The petitioner requests variances to Estes Valley Development Code Section 4, Table 4-2 "Base Density and Dimensional Standards Residential Zoning Districts" which requires minimum side and rear yard setbacks of twenty-five feet in the "E-1" Estate zoning district. Specifically, this is a request for: 1. A fifteen foot variance from the twenty-five foot side yard setback to build a storage shed ten feet from the side (eastern) property line; and 2. A fifteen foot variance from the twenty-five foot rear yard setback to build a storage shed ten feet from the rear (western) property line. The dimensions of the proposed storage shed are twelve feet wide by sixteen feet long and the foot print of the shed will be 192 square feet. III. SITE DATA Number of Lots One Parcel Number(s) 3524307177 Total Development Area 0.25 acres (10,890 sq. ft.) per Tax Assessor Records Existing Zoning "E-1" Estate Proposed Zoning "E-1" Estate Existing Land Use Single -Family Residential Proposed Land Use Single -Family Residential & Detached Accessory Building ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North "E-1" Estate Single -Family Residential South "RM" Multi -Family Residential Single -Family Residential East "E-1" Estate Single -Family Residential West "E-1" Estate Single -Family Residential Note: Adjacent land uses are determined from Larimer County Tax Assessor website. SERVICES Water Town of Estes Park Sewer Estes Park Sanitation District Fire Protection Town of Estes Park Phone Qwest Page #2 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request 3/4 .EBAR 0.25 Acre Lot Zoned i°E-1" Estate With 25 Foot Setbacks From All Property Lines 20 0 SCALE P . 20' 1/2" REBAR SEE ATTACHED AGREEMENT -pia,I 1/2" REBA Shaded Blue Area Shows Buildable Area /R. 5655 FEET C. S 89.48'30"W ss — Q ss — 137,58' SIIH w57— WD/IDOJVIEW Rya': U.S. HWY NO. 34 Proposed Storage Shed FINISH FLOOR ELEV.. 763�T. +G TOP OF FOOTING ELEV, = 7657J0 ' 3 9' ,ay yrts� NOTE: ALL BEARINGS AND DISTANCES SHOWN ARE AS DEEDED Driveway PROPOSED DRIVE 5/8" REBAR 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. 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 Building Department See Will Birchfield, Chief Building Official's note on the Affected Agency memo stating that the Building Department has no comments. Page #4 - 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request Estes Park Public Works Department See Greg Sievers, Construction and Public Facility Manager's memo to Alison Chilcott dated July 22, 2003. Town Attorney See Greg White's letter to Dave Shirk and Alison Chilcott dated July 23, 2003. 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: There are special circumstances associated with this lot. The lot is undersized for the zoning district. The minimum required lot size for new lots in the "B-1" Estate zoning district is one acre. The size of this lot is 0.25 acres. The lot size is closest to the "R" Residential zoning district minimum required lot size of 0.25 acres. The setbacks for this zoning district are ten feet from the side property line and fifteen feet from the rear property line. The request to build ten feet from the side property line complies with the minimum setbacks in this zoning district; however, the request to build ten feet from the rear property line does not comply. Staff recommends that the shed be setback at least fifteen feet from the rear property line. This variance request is needed in part because the lot is undersized for the zoning district and in part because of the triangular lot shape. 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 #5 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request Staff Finding: There can be a beneficial use of the property without the variance. The existing house can continue to be used. b. Whether the variance is substantial. Staff Finding: This is a request for a fifteen foot variance from the twenty-five foot side yard setback and a fifteen foot variance from the twenty-five foot rear yard setback to build a storage shed. These are sixty percent variances which are substantial. Also, if this variance is approved the entire storage shed will be within the twenty-five foot setback. 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 may 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: The applicant purchased the property after the February 1, 2000 effective date of the Estes Valley Development Code with knowledge of the setback requirements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A storage shed conforming to the setbacks could be built on this lot if the driveway turn around area in front of the house was removed and the storage shed placed in front on the house. Staff believes placing the storage shed in this location would have a detrimental effect on the essential character of the neighborhood. Page #6 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request 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 variances, 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 variances, if granted, may not offer the least deviation from the regulations that will afford relief to build the proposed storage shed. The request could be minimized by shifting the proposed storage shed to the south with a rear setback of fifteen feet rather than ten feet. This may also require reducing the separation between the storage shed and the house from twelve feet to eight feet. Estes Valley Development Code §5.2.D.6 requires a ten foot separation and the applicant proposes a twelve foot separation. 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. Page #7 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request Staff Finding: The existing storage shed on the north side of the house encroaches into the twenty-five foot rear property line setback. This shed should be removed or relocated outside the setbacks. 8. 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. 9. 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 automatically render the decision of the Board of Adjustment null and void. VII. STAFF RECOMMENDATION 1. Staff recommends APPROVAL of a fifteen foot variance from the "E- 1" Estate twenty-five foot side yard setback to build a storage shed ten feet from the side (eastern) property line. CONDITIONAL TO: 1. 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. 2. The existing storage shed which encroaches into the twenty-five foot rear setback should be removed or relocated outside the setbacks. 2. Staff recommends DENIAL of a fifteen foot variance from the "E-1" Estate twenty-five foot rear yard setback to build a storage shed ten feet from the rear (western) property line. Staff recommends APPROVAL of a ten foot variance from the "E-1" Estate twenty-five foot rear yard setback to build a storage shed fifteen feet from the rear (western) property line. Staff recommends APPROVAL of a two foot variance from the ten foot building separation requirement per EVDC §5.2.D.6, which states "Unless attached to the principal structure, accessory structures containing more than one hundred twenty (120) square feet of gross floor area shall be located at least ten (10) feet from any other Page #8 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request structure." To allow the storage building to be located closer to the existing house on this property and further from the existing structures on neighboring lots. CONDITIONAL TO: 1. 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. 2. Compliance with Greg Sievers' memo to Alison Chilcott dated July 22, 2003. Page #9 — 425 Chapin Lane A Portion of Lot 121 Al Fresco Place Subdivision Side and Rear Yard Setback Variance Request ilSubmittal Date: 14 111 1!, 111 111 II 1 ,1 111 TOWN OF ESTES PARK ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION General Information Street Address of Lot: Legal Description: Lot Parcel ID 43;,ALI "O117j Owner's Names Owner's Address: Petitioner's Name:, Petitioner's Address: Petitioner is: (check one) 1[11,11,1,1, Site Information 1ft 11 111111 1111 11 ,,, 11111,1,1111111 1pp 1111 11P. hi. Block 01/4- Tract L Subdivision ,2,-)1(') TownshipS NO( tt11 1)((L 1. Pone Number Street Box # Phone: )C11) \ \ )1/4_1-1C Number Street Box # Owner 0 Lessee 0 Agent City State Zip Fax: chAl.Lh71. City State Zip Total Development Area (acres) Existing Land Use VC)":1 Existing Water Service 1WP Existing Sanitary Sewer Service Site Access (if not on public street) Wetlands on Site? Yes 0 No Proposed Land Use Lot Size 0,)1';) Zoning ICY) ( \CC)V\A(„. 0 Variance Specific Variance Desired - Section #: Signature of Owner(s) of Record I grant permission for Town of Estes,. ark Employees and Board of Adjustment Members with proper identification access to m r6perty t revievrofthis pp 'cation.- / Record Owner(s): A chments O Statement of Intent (Shall Comply with Standards Set Forth in Section 3.6.0 of the EVDC) Application Fee: $50* for Town 0 Application Fee: $420 for unincorporated Estes Valley O Names and Mailing Addresses of all Adjacent Property Owners (within 100 ft., excluding ROW) CI 1 Copy of a Site Plan for Staff Review (drawn at a scale of 1" = 20')** O 1 Reduced Copy of Site Plan (11X17) *Additionally pursuant to Municipal Code, Applicants shall also be responsible to reimburse the Town for legal, engineering and planning costs incurred by staff and consultants as necessary for project review. **Site Plan shall include the informatiqn in Appendix B.VII.5 (Attached) Additional copies of the Site Plan will be re•uired after Staff Review. Office Use Only Date and Time of Board of Adjustment Meeting: (Aticok,D.sc oloo 3 : (SO (4.1-4. Town of Estes Park -6 P.O. Box 1200 -6 170 MacGregor Avenue -6 Estes Park, CO 80517 Tel: (970) 577-3721 -6 Fax: (970) 586-0249 .6 www.estesnet.com Revised 10/3/02 cc 0 W V cP r • 7 • • \ 3 t, 1 c at`"* G 0 CO 1. 10 1. OI. j W 0 > 0 g'� / cc c c"� 0 •' s' I ! ' 7. \ I \ I \ 1 V' \ I I • • • t :9/ O nal N 0 SCALE • • \ U m H 10 W NU) \ \ \ I ccU \ \, 1 w j NI3cc \ 0V) \ \ • \ N h 0 a) U) 0 h C) U) m FO ww Co !� 0a)P- LO U) U) (f) IT D: U 0 W Ui W Lu 0 w cc I U.S. HWY NO. 34