HomeMy WebLinkAboutVARIANCE Nonconforming Structure 1337 Clara Dr 2014-05-06
1337 Clara Drive
Non-Conforming Structure Variance Request
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200,Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
E STES V ALLEY B OARD OF A DJUSTMENT
MEEETING DATE:May 6, 2014
REQUEST:
This request is for a variance from the Estes Valley Development Code (EVDC)
Section:
1.§6.3.C.2 Alteration/Extension of Nonconforming Structures Limited, which
requires a variance for extension of nonconforming structures.
The Applicant,Jim Temple,wishes to construct an addition and new deck to an
accessory dwelling unit(“ADU”).The subject property consists of a single family
residential home built in 1897, an ADUbuilt in 1924 and one tool shed built in 1929.
The home and ADU were both remodeled in 1973. The ADU is considered legally
nonconforming because it was built prior to the adoption of the Estes Valley
Development Code(“EVDC”).
Nonconforming structures may continue to be used. Normal repairs and
maintenance is also permitted to ensure they remain in safe condition. Section
6.3.C.2 allows for a variance to be sought to permit alterations or extensions to a
nonconforming structure.
Driving Directions
Take Macgregor Avenue north approximately one (1) mile. Stay left on Macgregor
Lane towards the Macgregor Ranch. Turn right onto Clara Lane. Pass a home on
the left and continue to a three-way intersection. The subject property is the center
driveway. A variance notification sign is posted at the entrance of that driveway.
LOCATION:1337 Clara Drive
APPLICANT/OWNER:Jim Temple
STAFF CONTACT:Phil Kleisler,Planner
REVIEW CRITERIA:In accordance with Section 3.6 C. “Standards for Review” of the
EVDC, all applications for variances shall demonstrate compliance with the applicable
standards and criteria contained therein.
The Board of Adjustment is the decision-making body for this application.
REFFERAL AND PUBLIC COMMENTS:This request has been routedto reviewing
agency staff and adjacent property owners for consideration and comment. A legal
notice was published in the Trail Gazette.
Affected Agencies. No concerns expressed during review.
PublicComment.As of April 29, 2014staff received one email from adjacent property
owners stating that they support the variance request. If comments are received they
will be posted at www.estes.org/CurrentApplicationsfor the Board’s review.
Engineer:Carson Design Studio Inc.
Parcel Number:35241-00-002Development Area:4.38 Acres
Existing Land Use:ResidentialProposed Land Use:Same
ZoningDesignation:RE Rural Estate
Adjacent Zoning:
East: RERural EstateNorth: RE-1Rural Estate
West: RE Rural EstateSouth: RE-1Rural Estate
RE-1Rural Estate
Adjacent Land Uses:
East:ResidentialNorth: Residential
West: ResidentialSouth: Residential
Services:
Water: Town of Estes ParkSewer: Septic
STAFF FINDINGS:
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 theintent and purposes of either the specific
standards, this Code or the Comprehensive Plan.
Staff Finding:Exceptional topographic conditions doexist. The ADU is
located atop a rock foundation and exposed boulders.The applicant has
sought the opinion of excavation experts and determined that connecting
the ADU to water service through the existing crawl space would likely
destroy the building.
2.In determining "practical difficulty," the BOA shall consider the following factors:
a.Whether there can be anybeneficial use of the property without the variance;
1337 Clara DriveVariance RequestPage 2of 6
Staff Finding:Single-family use may continue.Use of the second
residence may not continue.
b.Whether the variance is substantial;
Staff Finding:The variance is not substantial.
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 essential character of the neighborhood would not be
substantially altered with the approval of this variance. The closest
neighbors are approximately 200 feet to the east and west.
d.Whether the variance would adversely affect the delivery of public services such
as water and sewer.
Staff Finding: Reviewingagencies expressed no concerns relating to
public services for this variance.The Water Department has met with the
Applicant and is supportive of this request.
e.Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding:According to the Larimer County Tax Assessor, the
Applicant purchased the property in 2012 after the adoption of the EVDC.
f.Whether the Applicant's predicament can be mitigated through some method
other than a variance.
Staff Finding:A variance appears to be the only practical method to
connect the ADU to water service and establish safe entry that meets
current building code.
3.If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding:The bathroom addition and new entry/deck appear to the
reasonable extensions to allow for adequate use of the structure.
4.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.
1337 Clara DriveVariance RequestPage 3of 6
Staff Comment.If approved, the variance will be confirmed with building
permit submittal and final inspection.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the requested variance CONDITIONAL TO:
1.Compliance with the approved site plan.
SUGGESTED MOTIONS
I move to APPROVEthe requested variancewith the findings and conditions recommended by
staff.
I move toDENY the requested variance with thefollowing findings (state reason/findings).
1337 Clara DriveVariance RequestPage 4of 6
Proposed
addition
Proposed
Deck
Accessory dwelling unit.
1337 Clara DriveVariance RequestPage 5of 6
Closest neighbor
visible from the site
1337 Clara DriveVariance RequestPage 6of 6