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HomeMy WebLinkAboutVARIANCE Setbacks 337 Clara Dr 2016-09-13 1337 Clara Drive.-Setback Variance 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 MEETINGDATE& LOCATION:September13,2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2Base Density and Dimensional StandardsResidential Zoning Districts. The variance would allow a30-foot front setback in lieu of the 50-foot requiredin the RERuralEstatezone district. The purpose of the variance is to allow for a detached garage to be built on the propertyin the 50-foot required side setback. Staff recommends approval. LOCATION: 1337 Clara Drive, within the unincorporated Estes Valley. VICINITY MAP:See attachment APPLICANT/OWNER:Aubrey Carson/Jim and Linda Temple STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION:This item was continued from the August 2, 2016 meeting in order to have the applicant or representative present to provide additional information to the Board. This is a request to grant a variance to allow for a 30-foot sidesetback in lieu of the required 50- foot setback. The REzone district standards require a 50-foot all on property sides. The applicant is proposing to build a two car detached garage(also including a carport) approximately 1,200 SF in sizeon the east side of the existing small residence (legal non-conforming ADU). The proposed new sidesetback cannot be approved at astafflevel, therefore a variance has been requested. REVIEW CRITERIA:VDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. TheBoard of Adjustment is the decision-making body for this application. REFERRALAND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 5surrounding property owners. A legal notice was published in the Trail Gazette. The application is Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comments in regards to this application. 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 impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property is zoned RE Rural Estate, which has a minimum setback on all sides of 50-feet. The lot is approximately 4.38 acres in size, which substantially meets the 2.5 acre minimum for this district. The property is currently built with one single-family home, one legal non-conforming ADU and one barn. A variance was granted in 2014 to construct an addition and new deck to an accessory dwelling unit built Figure 1: Green construction bin shows approximate location of detached in 1924. This variance stated garage. Rock outcroppings shown to the west of proposed location, between the location of this structure garage and existing ADU structure. was atop a rock foundation with several exposed boulders around it. The proposed ~23-foot tall detached garage is located near the ADU structure and in placed in an area where there are minimal rock outcroppings. The applicant has stated the reason for this proposed location was to avoid rock blasting and destructive earth work. Locating the building on the west side of the ADU would require excessive rock blasting and could potentially affect a key drainage area on the site. Small rock outcroppings are also located between the proposed location and existing ADU (shown in Figure 1). Staff believes the proposed location is appropriate for this structure. The north portion of the lot was found to be a very challenging site in regards to topography and natural features with the 2014 variance application. The strict application of the Code would require the building to be placed in areas requiring excessive disruption of the site. 1337 Clara Dr. Setback variance Page 2 of 5 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: The existing ADU can be used without a detached garage. The lot may have up to approximately 3,000 SF of gross floor area of accessory uses. The proposed accessory use is allowed on the property. The proposed location seems to be a practical location for the structure. In order to avoid a main drainage feature on the site and rock blasting, the applicant has proposed to place the building on the east side of the existing ADU. In order to avoid small rock outcroppings, the building was placed 30 feet from the east property line versus the 50 feet required. The structure also proposes to utilize the existing driveway on the site, another practical reason for this location. b. Whether the variance is substantial; Staff Finding: The variance is not substantial in regards to the level of deviation requested. The deviation from Code standards would be a 40% deviation. The Board of Adjustment is the decision making body for requests over 25%. 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 single-family character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). The property to the east of the subject property is developed with a single-family home and a small cabin which is located 8 feet from the property line. The small cabin would be located approximately 38 feet from the proposed garage at 1337 Clara Drive. Staff has found that several homes and small structures have been built within the 50 foot required setback in this neighborhood. These structures were most likely built prior to setback regulations and are considered legal non-conforming structures today. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and was readily available to the public. The applicant purchased the property in 2012. RE zone district setback requirements were in effect at the time. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. 1337 Clara Dr. Setback variance Page 3 of 5 Staff Finding: A variance appears to be the only practical method to construct this building at this location. 3. No variance shall be granted if the submitted conditions or circumstances affecting the the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions of this application are not general. They are specific to this property, size and orientation. 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: No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The new structure appears to be a reasonable development proposal and aims to make a practical decision in the placement of the building. This variance would represent the least deviation from Code that will afford relief. 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 variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: A setback certificate shall be provided to Staff for review to verify compliance with the approved variance for the detached garage. 1337 Clara Dr. Setback variance Page 4 of 5 STAFF RECOMMENDATION:Staff recommendsAPPROVAL of the requested variance CONDTIONAL TO: 1. A setback certificate shall be provided to Community Development Staff to verify compliance with the approved variance for the detached garage SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan and elevations 1337 Clara Dr. Setback variance Page 5 of 5