The URL can be used to link to this page

Home My WebLink AboutVARIANCE Setbacks 251 E Riverside Dr 1994-02-09BOARD OF Anora-USTMENT The BOARD OF ADJUSTMENT meets at 9:00 A.M. on the first Wednesday of each month (as needed), in the Board Room (Room 103) of the Municipal Building. This is a petition for a variance of the zoning ordinance. It must be on file at the office of the Building Official, Town of Estes Park, twenty- one (21) days prior to the Board of Adjustment meeting. A Fifty Dollar ($50.00) fee to cover cost of processing appeals and requests for variances shall accompany the application. Checks should be made payable to TOWN OF ESTES PARK. All variances granted by the Board of Adjustment shall become null and void if a building permit has not been issued and paid for, and work thereunder commenced within four months from the date the variance is granted. It is understood that only those points specifically mentioned are affected by action taken on this appeal. The Petitioner or Representative should be present at the Board of Adjustment meeting. Address of Lot or Tract .751 E -RIVE 2-5112E OR,IVE Number Street Legal Description Lot 5-5 Block Tract E-e-1" 413.ot) ivr>5 OWNER'S NAME \JAY-4b5 F. a. Jo r) KAT4-IE.QIN G. HOOL) Subdivision Rivez,siLDE. Phone No .536- 0157 Owner's ,25IE.R/V6a-SIC2CDR. .P.O.T 513 1FO75S Address Number Number Street Box No. City Co 305)7 State Zip PETITIONER'S NAME: f"at S Phone No. ,..s?‘ Petitioner's 2c2 Viken\MA DIL741, r.'0,1soX 3 612-, Address Number Street Box No. Petitioner is (check one) Owner E5-res Titcoc Go 9 4517 City State Zip Lessee Agent ..).( SPECIFIC VARIANCE DESIRED: -1.-0 'REPAIR— FoL)N.g>xliC4J Alvt>EXIGTIKCPEC,r,, Wier.IS-13E/I0C>1.1/\)ERMINE-C) E 731G. 71-1 )tiff'S a KJ - ALSO TO Ji Li EKL71LJD"DE:(1,K.., 41-'17 R_Al I L I 1,X> -7011 ul EcrwiAl i 7. /6 .0 /at fii,TAs/44-r/./ Ag%/Co-itjf-r4Zal/AA 64;/4-6//J5 _Si:(4ZL Arz krt STATE WHY IT IS NOT PRACTICABLE TO COMPLY WITH THE ORDINANCE: EXISTOJC., T3 UILJC IS IN KIONJ-CoPipi-IAI,JCZ ',4Jrn-4 ALL- 57-1134C.K.S SirT4,7 c 0 c,6717466. _We r t 61,/IS r /'-z-e/ot /44,2 (4_rel NAMES and MAILING ADDRESSES OF ALL ADJACENT PROPERTY OWNERS (within 100 feet, excluding right-of-way). Use separate sheet if necessary. 41" X445 E.RIVErt51 DE tirt:<.1E4.N2 eStASAN wRiG.t4-r/toiLmis. HAI4N/ 2 76-JuprrErt,./. sesooLtErz, Bo3 A- -2 E vEcks L>€ P. 'arzIDGET eqz,s- 7; L3ox LC) TW2J4e_ CO 60 517 z" 3 57-50 E,"1\iftz-SIr>e7:& Z.LitSV1c2, T.:04W 742-SsTiodzK CO 3657 253 E RAVER5aE FR41,1K, v.GuNTER_, T:di312,34(6. ESTE5PAkK, CO 5 265 €RIVEP-9)126 DR- V/eGib Gokfrf, 1002,7-AytoR_GARPSIJory K56.784. 254 E V6tS12* DrC, CiP1`,/ R t•ICy S. SPRI , b/ 2-870 ES -Ts C6865V 7 256 E F-IvER-5 t14 -J STARK, "P:o.P6X '452' E'S-78S -P#13(1-(K- C-c1 9 517 PETITIONER: DATE:-71G257/774 Signature Date and time of Board of Adjustment Meeting: (office use only) March 1, 1994 MEMORANDUM TO: Board of Adjustment FROM: Stephen L. Stamey, Community Development Director SUBJECT: Hood Variance Request, 251 Riverside Drive This request involves several considerations by the Board of Adjustment and involves consideration of variances from the Zoning Ordinance and Floodplain Regulations. These are outlined as follows: 1. The house at 251 E. Riverside Drive is non -conforming in that it does not meet front, side, or river setbacks. 2. The structure overhangs the Floodway (FW) by approximately five feet. 3. A proposed new deck would overhang the Floodway by another 5'2". 4. A new concrete footing and foundation is proposed to be constructed in the Floodway. 5. The western 10' - 12' of the structure is in the Floodfringe (FF), or 100 year floodplain. The Board of Adjustment is considering variances to allow: 1. Structural alteration of a nonconforming building to allow extension of a new foundation which does not meet the required river setback. 2. Construction of a new foundation in the Floodway. 3. Structural alteration and extension of a nonconforming building to allow a new deck which does not meet the required river setback. 4. Construction of a new deck over the Floodway and in the Floodfringe. 5. Improvement to a structure in the Floodfringe which does not meet the requirements of the Floodplain Regulations. Board of Adjustment March 1, 1994 Page 2 Staff recommends the following: 1. Denial of a variance to construct a new foundation in the Floodway. Section 17.28.160, D. provides that: "No variance shall be granted within the regulatory floodway if the base flood level will be increased." A letter dated February 18, 1994 from Paul Rochevar, Estes Park Surveyors & Engineers, states that there is a 3.5% reduction in the capacity of the Floodway and an increase in the flood level by two inches. 2. Denial of the variance to allow extension of a new deck that extends over the Floodway. This recommendation is based on several factors, but primarily of the adopted stated purpose of the Floodplain Regulations which state: "It is the overall purpose and intent of this chapter to promote the health, safety, and general welfare, to provide adequate zoning regulations to minimize death, injury and losses to public and private property due to flooding." Occupancy of the deck, particularly during periods of high run-off, is a hazard to life. The deck also provides a potential obstruction to river flows and could catch debris. If damaged during run-off by debris, the deck itself could become a hazard and interfere with river flows. Also, there are other owners with decks and walls along this stretch of the river who could submit similar requests. Approval of a deck extension could set an undesirable precedent and also increase the impacts of the Floodway and Floodfringe. The Board of Adjustment may issue a variance from the provisions of the Floodplain Regulations only after making a specific finding that the variance will not endanger health, welfare, and safety of the applicant, or any upstream or downstream owner or occupier of land. The applicant is also advised that the Floodplain Regulations provide that: "No substantial improvement may be made to any structure which does not conform to the requirements of this chapter." (e.g. elevating and floodproofing). SUPPLEMENT TO ATTACHED MEMO: On this date (March 1, 1994) John Liou, Engineer/Hydrologist with F.E.M.A., advised the Town that F.E.M.A. regulations do not allow any increase in the Floodway. He stated that the variance request and construction violates F.E.M.A.'s regulations and that they cannot give approval to this construction work. z ES PARK SURVEYORS & ENG 0 -c; to 0 r. -6 x 01 co r•-• c5 L7) 09 February 18, 1994 M.O. 2659 Mr_ John Allman Building Inspector Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Hood - Deck & Foundation Repair 251 E. Riverside Drive Dear Mr. Allman: This letter is to describe the potential impact upon the Big Thompson River floodway when repairs to the deck and foundation are completed at 251 E. Riverside Drive. The analysis is based upon plans prepared by Paul Saunders dated February 9, 1994. Modifications to the floodway area include the addition of concrete adjacent to an existing concrete foundation and the removal of 4 deck support posts. In addition, we have reviewed the FEMA Flood Insurance Study and Flood Insurance Rate Map of May 4, 1987. Based upon the MAMA Study the "'"' -year flood depth is about 4.5 feet. Section K, located about 150 feet downstream from the site, has a cross sectional area of 128 square feet and a top width of 32 feet. It is our opinion that Section K is adequately similar to the site under review to approximate the impact of the proposed modifications upon the floodway. The addition of concrete along the existing foundation will reduce the floodway by about 4.5 square feet or 3.5%. This reduction in floodway will then raise the flood level by an amount equal to.: 4.5 square feet divided by 32 feet (the top width) being approximately 2 inches. As the freeboard above the 100-year flood level in this area is about one foot, this small change will not significantly impact surrounding properties. February 1 , 1994 W.O. 2659 It should also be noted that the removal of 4 deck support posts may significantly enhance the channels flow capacity. Larger, infrequent flood events will typically cause bank debris such as tree limbs, shrubs, etc. to be carried downstream. These support posts would then tend to collect such debris and reduce the channels efficiency to carry flood waters. It is our opinion that the removal of the deck support posts will improve channel efficiency. The net effect of the overall project to the 109-year flood level should be nearly indiscernible. Please contact us, if you require additional information or have any questions. Respectfully yours, ESTES PARK SURVEYORS Ei ENGINEERS, INC. (11 Paul L. Kochevar, P.E. & P.L.S. 1576 President PMK:tjt Federal Emergency Management Agency Region VIII Denver Federal Center, Building 710 Box 25267 Denver, CO 80225-0267 Mr. Stephen L. Stamey, AICP Director Community Development Department Town of Estes Park Box 1200 Estes Park, CO 80517 RE: Variance Request - 251 E. Riverside Drive Dear Mr. Stamey: March 2, 1994 This responds to your letter of February 23, 1994, requesting comments on the Estes Park Surveyors and Engineers, Inc., letter of February 18, 1994, concerning floodway impacts. Paragraph three of the first page projects the addition of concrete along the existing foundation to raise the flood level by two inches. It further states that a freeboard of one foot would accommodate the increase. Under the Town's Flood Damage Prevention Ordinance and National Flood Insurance Program regulations, no increase is allowed within the defined floodway. No variances are allowed which would cause any increase in the base flood elevation within the floodway. Removal of the four deck support posts to increase channel flow capacity does not affect the calculations of the channel and floodway which our Flood Insurance Study developed, as the posts were not factored into the study. We appreciate the opportunity to comment on the variance request. Please contact us at (303) 235-4830 if you have any questions. Sincerely, Fred Metzler Program Specialist Mitigation Division cc: Mr. Michael G. Reddy, COEM Mr. Brian Hyde, CWCB 0 FALL 7563 kik Saran 7561 Culvert 100 YEAR FLOOD CONTAINED -IN CULVERT VlBERED STREETS 3 4 N _LADE DR 2 <oc, '1<3 7561 100 YEAR FLOOD CONTAINED IN CULVERT Shopping Center Culvert 100 YEAR FLOOD CONTAINED IN CULVERT West Side Shopping Center 7540 Footbridge ZONE AE 0 WEIST OR 7550 ZONE AE 6 ZONE X 7542 7539 7535 7527 7524 ZONE AE Cite Orb/ 7519 ROCKWELL STRE ZONE AE IVY STREET ZONE X 7527 7529 EAST RIVERSIDE DRIVE ZONE X Footbridge / / 4/ / TOWN of ESTES PARK Inter Office Memorandum January 12, 1994 TO: Steve Stamey, Community Development Director PROM: Bill Linnane_(a Public Works Director SUBJECT: Variance Request for 251 Riverside Drive The Public Works Department has the following comments: • Placing fill in a river requires approval from the Army Corps of Engineers. • The bottom of the deck should be one foot higher than the 100-year flood elevation. • A retaining wall detail stamped by a professional engineer should be provided. The wall cannot extend past the existing walls each side of the proposed new wall. BL:ck N 82 °42' 30.4 S02°09 E 69.05' (deed) Improvement Location Certificate Located in the SW 1/4 of the NE 1/4 of Section 25, T5N, R73W, of the 6th P.M. County of Lorimer, State pf Colorado SW Corner of Lot 23 Z' Riverside Subdivision d U C 0 0 .to 0 C C w o tL. Gravel Parking Concrete One Story Frame Residence Railing-/� Surveyor's Statement r-Found 1 1/ 2 ' feel Pipe Wooden Deck planter Riverside Drive eO. * 179, Poge 293 (For Street Purposes) erhead Utility Line Wooden Deck Big ,T,hompson River 0 0 - -- -- a- S _-ire e as t0 Concrete and Stone Retaining Wall - I hereby state that this Irtiprovement Location Certificate was prepared for Transamerica Title Insurance Company , THAT IT' IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and that is not to be relied upon Eor the establishment of fence, building or other future improvement lines. I further state that the-improvements-on__the .above described parcel on this gate, September 6,I988 , except utility connections, are entirely within the boundaries of the parcel, exce �Iini'lftizol)'n, that there are no encroachments upon the described premises `,a pp 5e1I' ;,ts on any adjoining premises, except as noted,and that tt ..� j};d�'.k> ENT '� evidence or sign of any easement crossing or bugd an�tc4ypr,- of said parcel, except as noted. _ 7 _ N_��OT��!'(( THIS. IMPAOVLMLNT LOCATS ON CORTST 1CATt Rt PRIBLNT9 A r AEA80NA0LC ATTGMPT TO R000VOR BOUNDARY PVID0NCZ AND LOCATt }•a��i ` EXISTING IMPROVEMENTS. ArfiCTINo THE SUBJECT PROPERTY. nice-.:- ea M o land *f HOWEVER, DUG TO iNourriclONT SURVEY MOHUMCNTATION, A COMPLETE lore �''�^••�T .0 "�•`�+\)Y"78 BOUNDARY SURVEY IS REQUIRED iN ORDER TO ESTABLISH EXACT Sr ii S `� LOCATION AND DIMENSIONS Of SAID PROPERTY AND IMPROVEMENTS. /,��/'(!y f .L.titj ��\ FLOOD CLRT1FTCATIONI it is hereby certified that the property devcrLbed �reClU Valk •ltl`�it'11»t� hereon ialSeneme located vtthtn s flood hassrd boundary to sccordence Tj\f%�I Profrubn.I Lsnd Suntion enJ Cemun.nu with the currant F.E.M.A. Flood insurance Rate Map, fisted 5"4"$7 jay (, PO R...i:M. Ituf Port. CO MV7 Panel 1 080I93 0002 , Zone AE Sheet l of 2 . • rn U z 3. n 70 0 I— -I z r b_I ..1 -ri t-- -st fil G' 13AI( i 7/a"micRoL,A,m L-= CART SI tdAix II "MiCff01...AM L= 401- II I. 4; c-- C. Q so Q Yr cil 11 z in 11 0 p 9 ulth ---- lj r.r9 Z- rr 2 0 x rP•• rn ?< 13t 13 Q I 0(4 1 -131 I " n 0 ders • Design 11 .DECKcd FOUNDATION EPAI Fc For MvMvJAM5 HOOD D-grle rronc., Z.51F RivFFRo-dr)F rni n fro 48rod i \ I t (-) I ri 2 LA z N?. • ir) = 0 A - r, • 0-1 ',I 9. ur r rn, r 0 z (s) 0 Cd • 0 0 1 I (,) (s' - T1 frt o z N 13/41( 117/94 MICROL AM L,--1(0 CANT 5 0 9 6ix 70 7 ROCKY MOUNTAIN CONSULTANTS, INC. rnc January 17, 1994 James & Katherine Hood P.O. BOX 513 251 E. Riverside Drive Estes Park, CO 80517 437 South St. VraIn Estes Park, CO 80517 (303) 586-2458 Metro (303) 825-8233 Fax (303) 825-8912 RE: Engineering Scope of Services for the design of a new retaining wall/foundation. Dear James & Katherine: Rocky Mountain Consultants, Inc. (RMC) is submitting an Engineering Scope of Services for the requested design of a new retaining wall/foundation. The proposed retaining wall/foundation would be located in the floodplain of the Big Thompson River, at 251 E. Riverside Dr., Estes Park, Colorado. The existing foundation is currently being undermined by scour from the Big Thompson River during high water. The existing structure is cantilevered over the undermined foundation approximately seven feet. There is a wooden deck partially supported by the cantilevered end of the structure and partially supported by posts in the river. The current structure at the above mentioned location has been redesigned for a second story addition. The proposed new retaining wall/foundation would be constructed approximately seven feet towards the river under the west edge of the house. With the proposed retaining wall/foundation to be located within the 100 year floodplain, a Floodplain Development Permit may be required from Larimer County Floodplain Administration. Based on a preliminary site investigation we feel that this permitting should be minimal but could become very detailed and expensive requiring computer modeling of the river channel, request for variance, advertising of public notice, etc. Section 404 of the Clean Water. Act will require a Nationwide Permit, from the Army Corps of Engineering, for construction within the river channel. Section 10 of River and Harbors Act may also require permitting from the Army Corps of Engineers. A site visit from Terry McKee, with the Army Corps of Engineers, has been requested to determine the exact extent of the permitting required. The design will consist of a footer and retaining wall/foundation at the west end of the existing structure. The retaining wall will be designed to adequately support the structure after the proposed addition and protect the footer from any future erosion. CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING RMC The following services will be provided by RMC for the project. 1. Apply for an Army Corps of Engineers Nationwide permit and a River and Harbors permit as required. 2. Apply for a Larimer County Flood Plain Development permit as required. 3. Survey the site. 4. Design a retaining wall/foundation to support the proposed structure and prevent further erosion. Please see attached pages for cost associated with the above referenced project. If you have any questions, please do not hesitate to call. Sine rely, ROCY,JNTAIN CONSULTANTS, INC. ael S. Todd Civil Engineer rove ochaska, P.E. oject Manager MST/mas