HomeMy WebLinkAboutVARIANCE Setback 561 Columbine Ave 2006-09-12MEI 561 Columbine Avenue
opRear -Yard Setback Variance Request
Estes Park Community Development Department
Town Hall, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
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PROJECT DESCRIPTION/BACKGROUND
DATE OF BOA MEETING: September 12, 2006
LOCATION: The site is located at 561 Columbine Avenue, within the
Town of Estes Park. Legal Description:
Lot 35, Block 8, Country Club Manor
Addition
PETITIONER/OWNER: Herbert J.
Phelan/Herbert J. and Lucy S. Phelan
STAFF CONTACT: Alison Chilcott
APPLICABLE LAND USE CODE:
Estes Valley Development Code
(EVDC)
REQUEST: EVDC §4.3.C.5 Table 4.2 establishes a minimum required
rear -yard setback of fifteen feet in the "R" Residential zoning district. The
petitioner is requesting a ten -foot variance to the fifteen -foot setback to
build a detached two -car garage five feet from the property line. This will
require a new driveway connection to Landers Avenue. There is no existing
garage on the property.
II. SITE DATA AND MAPS
Number of Lots
One
Parcel Number(s)
25303-14-035
Gross Land Area
0.21 acres/9,000 square feet per Tax Assessor records
Existing Zoning
"R" Residential
Existing Land Use
Single-family residential without a garage
Proposed Land Use
Single-family with a garage
SERVICES
Water
Town of Estes Park
Sewer
Estes Park Sanitation District
Fire Protection
Town of Estes Park Volunteer Fire Department
Gas
Xcel Energy Company
Electric
Town of Estes Park
Telephone
Qwest
HAZARDS/PHYSICAL FEATURES
Mapped Hazard/Physical Feature
Applicable to this Site?
Wildfire Hazard
No
Geologic Hazard
No
Wetlands
No
Streams/Rivers
No
Ridgeline Protection
No
Critical Wildlife Habitat
Yes - Deer
LOCATION MAP
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AERIAL PHOTO
Page #2 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
III. 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.
IV. REFERRAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and
neighboring property owners for consideration and comment. The following
reviewing agency staff and/or adjacent property owners submitted
comments.
Town of Estes Park Building Department. See Will Birchfield's memo to
Alison Chilcott dated August 25, 2006.
Town of Estes Park Public Works Department. See Greg Sievers'
comments to Alison Chilcott dated August 30, 2006.
Town Attorney. See Greg White's letter to Alison Chilcott dated August
17, 2006.
V. 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 Board should use their best judgment to determine if
there are special circumstances associated with this lot, that practical
difficulty will result from strict compliance with the code standards, and
that the variance will not have the effect of nullifying or impairing the
intent of the Code or Comprehensive Plan.
Page #3 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
The lot size, shape, width, and depth are typical of "R" Residential -
zoned lots in this neighborhood. Also, if this were a newly created lot it
would comply with the current standards for lot size, shape, width and
depth. The location of the existing 1,380-square-foot house, built in
1947, and existing trees limit building sites for new buildings.
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: There can be a beneficial use of the property without
the variance.
b. Whether the variance is substantial.
Staff Finding: The variance is substantial in that approximately one
third of the proposed building, about 130 square feet, would
encroach into the setbacks.
The proposed garage location would have less impact to the property
than if the garage were built in the northwest corner of the property
where removal of tree would be required as well as construction of a
longer driveway. However, other options are available that could
minimize impact to the property and reduce the need for a variance,
for example, building a one -car garage or attaching a garage to the
existing house.
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: Possibly due to the older character of the
neighborhood, the small lot sizes, and the restricted building areas,
few houses in this neighborhood have detached garages and many do
not have attached garages. The essential character of the
neighborhood may change.
Adjoining property owners have not contacted staff to oppose this
variance request and have not stated that they would suffer a
substantial detriment as a result of the variance.
Page #4 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
d. Whether the variance would adversely affect the delivery of
public services such as water and sewer.
Staff Finding: The variance may not adversely affect the delivery of
public services. Public Works has requested that all utilities be
shown on the site plan. If the Board of Adjustment chooses to
approve this variance request, a condition of approval should be that
a revised site plan showing all utilities be submitted for staff review
and approval to ensure that public services are not impacted.
e. Whether the Applicant purchased the property with knowledge
of the requirement.
Staff Finding: The owner purchased the property in 1999 prior to
the February 1, 2000 effective date of the Estes Valley Development
Code. At the time of purchase, the lot was zoned "R-M" Multi -
Family Residential and the minimum required setback was ten feet
rather than fifteen feet. The minimum required setback has increased
by five feet since the applicant purchased the property.
f. Whether the Applicant's predicament can be mitigated through
some method other than a variance.
Staff Finding: The applicant could build an attached garage in the
location of the existing southwestern deck. The applicant could build
a one -car rather than a two -car garage. The applicant could build a
garage in the northeast corner of the lot near the existing driveway.
The applicant could build in the northwest corner of the lot;
however, this would require removal of at least one tree.
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 Board should use their best judgment to determine 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
Page #5 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
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 Board should use their best judgement to determine
if the variance offers the least deviation from the regulations to afford
relief.
The applicant could build an attached garage in the location of the
existing southwestern deck. The applicant could build a one -car rather
than a two -car garage. The applicant could build a garage in the
northeast corner of the lot near the existing driveway. The applicant
could build in the northwest corner of the lot; however, this would
require removal of at least one tree.
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 proposed 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.
The Public Works Department has requested dedication of a five-foot
right-of-way on Landers Avenue. If this right-of-way is required, a
front -yard setback variance will be needed to build the garage.
The existing shed should be relocated to comply with setbacks.
8. This request has been submitted to all applicable reviewing agency staff
for consideration and comment. All letters and memos submitted by
reviewing agency staff, referred to in Section IV of this staff report, are
incorporated as staff findings.
Page #6 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
VI. STAFF RECOMMENDATION
If the Board chooses to APPROVE this variance request, staff recommends
the following CONDITIONS:
. Compliance with the submitted plans. However, the eaves cannot
encroach into the utility easement.
2. All utilities shall be shown on the plan for staff review and approval to
ensure that public services are not impacted.
3. A registered land surveyor shall set the survey stakes for the building
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.
4. The storage shed shall be relocated to comply with setbacks prior to
issuance of the building permit for the garage.
5. The property owner shall obtain written approval of the adjacent
property owner to the west to allow the proposed driveway to be
constructed closer than three feet from the shared property line.
Page #7 — Rear -Yard Setback Variance Request for 561 Columbine Avenue
Variance Application of ,1-1. J. Phelan
My goal is to build a 20x22' garage. I realize it will require the movement of a great deal
of earth to level the area but it is the only suitable location on our lot. .1 would position the
building on an angle to the west property line, trying tostay away from the property line
and its restrictions Nit at the same time trying not to damage the roots of the 36" diameter
pine tree, which is 30' 1."1.-omthe western property line, when the retaining wall is built on.
which the east wall of the building will stand. The only utilities in this area are the power
lines, running north and south along the western property line and the phone line runriing
to our house. Vehicle entry to the garage would be from Landers Si. onto a 17' ramp.
This location will require the removal of only one pine tree. We could not consider
building in the front because of the 4" water main that runs diagonally across the front.
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