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HomeMy WebLinkAboutVARIANCE Setback 1740 Hummingbird Ln 2014-11-04 1740 Hummingbird Lane 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: November 4, 2014 REQUEST: This request is for a variance from Estes Valley Development Code (EVDC)Section 4.3, Table 4-2,which sets a minimum building and structure setback distance of 25feet from all sides of the property in the E-1Estate district. The site currently contains a 548 square foot homeconstructed in 1935. The home uses septic serviceand Hondius water service. NorthwestView The applicant proposes to construct a 580 square foot addition and remodel the existing cabin in an effort to increase the functionality of the home. The construction will also include the demolition and reconstruction of a deck and the relocation of an accessory building to the southern portion of the lot. Approval of this variance wouldallow this proposed addition to have a side setback of ten (10) feet and front setback of 15 feet in lieu of the 25-feet requirement. Southwestview The Applicant received a similar variance from the Board of Adjustment on August 5, 2003 to construct a 1,200 square foot building addition, a deck and to relocate the accessory structure. The addition from the original approval was not pursued and now the Applicant wishes to proceed with a smaller addition. LOCATION:1740 Hummingbird Lane (County) APPLICANT/OWNER:Mary Wilson/Owner, Jess Reetz/Engineer STAFF CONTACT:Phil Kleisler 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. REFERRALAND 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 were expressed during review. Public.As of October 28, 2014nowritten public comments have been received; comments received after this date will be posted at www.estes.org/CurrentApplications for the Board’sreview.Staff did receive one phone call from a neighbor with general questions about the 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 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:Staff finds that special circumstances and conditions exist relating to lot size and width. The existing house was built in 1935, prior to the establishment of setback requirements. The house was located legally at the time it was built. With present setback requirements, the entire house is considered non- conforming. The lot is significantlysub-sized for the E-1–Estatedistrict, which has a minimum lot size of one (1) acre. This parcel, at 0.26-acres, is comparable in size to lots in the R–Residential district, which have a 1/4 acre minimum lot size, 10-foot side setbacks and 15-foot front setbacks. The project would not require a variance if zoned “R”. The E-1 district also has a minimum width of 100 feet. The width of the subject lot is 45 feet. One purpose of lot width requirements is to allow for enough space for afunctional buildingsite. In this case the 25-foot setbacks overlap one another, making it impossible to build anything without a setback variance. The mean lot size of parcels within 500 feet is 1.3 acres, five time larger than the subject lot (0.26 acres). 1740 Hummingbird LanePage 2of 5 Setback Variance Request 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:Residential use may continue. The current 548 square foot structure, built in 1935, is small relative to today’s standards and when compared with the surrounding neighborhood, which has an average size of 923 square feet. b.Whether the variance is substantial; Staff Finding:Staff finds 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 proposed addition is generally consistent with the size and character of surrounding homes. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding:Affected agencies expressed no concerns relating to public services for this variance. 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 home in 2005, after the adoption of the current setback standards. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding:The existing house is entirely nonconforming to setback standards; therefore, it is impossible to do any expansion –even a deck – without a variance. The only other option for the Applicant is to purchase an adjacent property, combine both lots and rebuild to meet setbacks. 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. 1740 Hummingbird LanePage 3of 5 Setback Variance Request Staff Finding:The conditions as submitted in this variance petition are not general and recurrent in nature. 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 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:Staff findsthe variance shall represent the least deviation from the regulations 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:Residentialuses are permitted in the E-1Estate zone district. 7.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. Staff Comment.Should the variance be obtained,staff recommends that a registered landsurveyor verify building placement. STAFF RECOMMENDATION: Staff recommends APPROVALof the requested varianceconditional to: 1.Full compliance with applicable buildingcodes, approved site plan, and building plans. 2.Prior to issuance of a building permit, the applicant shall provide a letter from the Hondius Water System stating that there is adequate water supply to the proposed addition. 3.Prior to issuance of a building permit, the applicant shall obtain any necessary acquisition of sewer easement(s) and shall connect to the sewer or receive approval of the Larimer County Health Department forthe current septic system. 4.Prior to issuance of a building permit, the applicant shall notify the Larimer County Health Department regarding abandonment of the existing septic system. 1740 Hummingbird LanePage 4of 5 Setback Variance Request 5.Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 6.Compliancewith email from Larimer County Chief Building Official dated October 22, 2014. SUGGESTED MOTIONS I move to APPROVEthe requested variancewith the findings recommended by staff. I move toDENY the requested variance with thefollowing findings (statereason/findings). 1740 Hummingbird LanePage 5of 5 Setback Variance Request Lots 1 & 2, Division 8, High Drive Heights Subdivision Lot Width 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: March 3, 2015 REQUEST: This request is for a variance from Estes Valley Development Code (EVDC)Section 4.3, Table 4-2,which sets a minimum lot width of 75 feet in the E Estate district; the applicantproposes a 50-foot lot width.The EVDC defines Lot Width as: The horizontal distance between the side lot lines along a straight line parallel to the front lot line (in the chord thereof) and located the minimum front setback distance from the front line. Lot width standards shall apply to lots that do not have a front lot line, i.e. lots that do not abut a street. In these cases, the Decision-Making Body shall determine where to measure lot width. On February 17, 2015 the applicantreceived approval from the Larimer County Board of County Commissioners to adjust an interior lot line between two lots of record, and dedicate and vacate of Larimer County right-of-way. An existing single family home, built in 1961, currently extends over the internal lot line that the applicantwishedto move. Absent of moving the entire house, the only way to remedy this zoning violation was to amend the internal lot line. The applicant owns both Lot 1A and Lot 2A. When moving the internal lot line the applicant wished to retain the existing water well fully onlot 2A. Achieving this required that the lot width be undersized by 25 feet. The subject lot is undeveloped, but will have access to public utilities through the dedication of an access and utility easement across a neighboring property. Per the conditions of approval of the recent amended plat, the applicant shall widen the lot width to meet the 75-foot requirement if this variance is denied. This request is part of a development application package that includes: Minor Subdivision, Amended Plat(§3.9.E): Per Section 3.9.E of the EVDC, all subdivision applications shall demonstrate compliance with the Single Family Residential Single Family Residential Single Family Residential standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of this Code. Decision-Making Body:Larimer County Board of County Commissioners. The Commissioners unanimously approved this request at their February 17, 2015 hearing. Variance (§3.6): The applicanthas requested a variance to minimum lot width standards. The variance is a result of the property owner’s preference to move the lot line to ensure the existing well is located entirely on Lot 2. Decision-Making Body: Estes Valley Board of Adjustment LOCATION:660 Larkspur Road (County) APPLICANT/OWNER:Stephen Wilson, owner/Amy Plummer, Engineer STAFF CONTACT:Phil Kleisler, Planner II 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. 660 Larkspur RoadPage 2of 5 Setback Variance Request REFERRALAND 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 were expressed during review. Public.As of February 24, 2015, one public comment hasbeen received. The neighbor to the northern adjacent lot expressedconcern about an approval of this application setting a precedent for future approvals and the impact any development on Lot 1A will have on their property views.The Board will likely receive a letter from this property owner on February 27, 2015. Comments received after February 24, 2015 will be posted at www.estes.org/CurrentApplicationsfor the Board’sreviewand detailed in the staff presentation. 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 the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding:Staff finds that special circumstances and conditions exist relating to the location of the single family homeand well.The existing house was built in 1961, prior to the establishment of building codes or the Larimer County Building Safety Division. The house was constructed on the interior lot line.The location of the existing water well creates a unique circumstance for the owner, who strongly desires to keep the water well on Lot 2A. 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:Denial of the variance would not prevent the construction of a home on Lot 1A. b.Whether the variance is substantial; Staff Finding:Staff finds 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 asa result of the variance; 660 Larkspur RoadPage 3of 5 Setback Variance Request Staff Finding:The essential character of the neighborhood would not be substantially altered with the approval of this variance. The proposed lot configuration still allows for a suitable building site, likely a similar location as intended with the creation of the original subdivision (1925). However, most lots in the area appear to have lot width distances greater than 75 feet. To that end, this lot would besomewhatunique. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding:Affected agencies expressed no concerns relating to public services for this variance. e.Whether the Applicantpurchased the property with knowledge of the requirement; Staff Finding:According to the Larimer County Tax Assessor, the applicantpurchased the home in 1979. At the time of purchase the lot was zoned E-1Estate, which required a 180-foot minimum lot width. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding:As stated in the applicant’s Statement of Intent, the alternative option to this variance is to record an easement onto this lot. 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 conditions as submitted in this variance petition are not general and recurrent in nature. 4.No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result inan increasein 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 result inan increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 5.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. 660 Larkspur RoadPage 4of 5 Setback Variance Request Staff Finding:The alternative to this variance is to widen the lot width and record an easement to the well on Lot 1A. However, keeping the well on Lot 2A provides a level of assurance to the applicant for unquestioned future use of the well. 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:Residentialuses are permitted in the EEstate zone district. 7.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. Staff Comment.No action is recommended. STAFF RECOMMENDATION: Staff recommends that the Board use their best judgment in the deliberation of this variance request. SUGGESTED MOTIONS I move to APPROVEthe requested variancewith the findings recommended by staff. I move toDENY the requested variance with thefollowing findings (state reason/findings). 660 Larkspur RoadPage 5of 5 Setback Variance Request Lots 1 & 2,Division 8, High Drive Heights Subdivision Amended Plat 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 EE STES STES VV ALLEY ALLEY PP LANNING LANNING CC OMMISSIONOMMISSION MEETING DATE& LOCATION:January 6, 2014January 6, 2014, 1:30 PM, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:Amended Plat application review and approval. STAFF OBJECTIVE:Review for compliance with the Estes Valley Development Code (EVDC) and provide a recommendation to the Planning Commission. PLANNING COMMISSION OBJECTIVE:Review for compliance with the Estes Valley Development Code: (1)Provide a recommendation to the Board of County Commissioners of approval or denial of the Amended Plat. LOCATION:660 Larkspur Road & an adjacent Vacant Lot OWNER/APPLICANT:Stephen Wilson, owner CONSULTANT/ENGINEER:Primary Contact: Amy Plummer,Van Horn Engineering REPORT SUMMARY: The application proposes to adjustan internal lot line between two lots of record, vacate and dedicate Larimer County right-of-way, and dedicate a private access and utility easement to the vacant lot.No new lots are being created. Staff has reviewed the application for compliance withthe EVDCand finds that if revised to comply with recommended conditions of approval, the application will comply with applicable sections of the EVDC.Therefore, staff recommends approval of the application, subject to conditions described in the staff report. CONTENTS SITE DATA MAP AND TABLE:..............................................................................................3 PROJECT DESCRIPTION & REVIEW PROCESS:..............................................................4 REVIEWING AGENCY COMMENTS:...................................................................................5 PUBLIC COMMENTS:...........................................................................................................5 STAFF REVIEW:...................................................................................................................6 STAFF FINDINGS.................................................................................................................7 RECOMMENDATION............................................................................................................7 Estes Valley Planning Commission, January 6, 2014 Page 2of 8 High Drive Heights Amended Plat Single Family Residential Single Family Residential Single Family Residential SITE DATA MAP AND TABLE: Parcel Number(s):LotArea: 35263-12-001Current: Lot 1 (northern):0.667 acres Lot 2 (southern):0.653 acres Proposed: Lot 1A: 0.639acres Lot 2A:0.828acres *Minimum Lot Size 0.5acre Increases to 2.0 acres if well or septic is used Existing Land Use:Proposed Land Uses:Same Lot 1: Vacant Lot 2: Single Family Residential Hazards/Physical FeaturesMapped on this Site? Wildfire HazardYes. Addressed with building permit Geologic HazardNo WetlandsNo Streams/RiversNo Ridgeline ProtectionNo Wildlife HabitatNo Estes Valley Planning Commission, January 6, 2014 Page 3of 8 High Drive Heights Amended Plat PROJECT DESCRIPTION& REVIEW PROCESS: Project Description: Correcting a Zoning Violation Thisapplicat proposes to adjust an interior lot line between two lots ofrecord, anddedicateand vacateof Larimer County right-of-way. Anexisting single family home, built in 1961,currently extends over the internallot line that the applicant wishes to move. Absent of moving the entire house, the only way to remedy this zoning violation is to amend the internal lot line. The lots are zoned E Estate and located in the unincorporated Estes Valley.Lot 2 currently utilizes awater well located on Lot 1 (which the applicant also owns), and is serviced by public sewer and electric services. Lot 1 is undeveloped, but will have access to public utilities through the dedication of an access and utility easement across a neighboring property. This request is part of a development application package that includes: Minor Subdivision, Amended Plat (§3.9.E):Per Section 3.9.E of the EVDC, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of this Code. Section 3.9 requires the Planning Commission find that approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Decision-Making Body:Larimer County Board of County Commissioners Variance (§3.6): The applicant has requested a variance to minimum lot width standards. The variance is a result of the property owner’s preference to move the lot line to ensure the existing well is located entirely on Lot 2. The public hearing for this request is scheduled for March 3, 2015 following the County Commissioners’ hearing. Decision-Making Body: Estes Valley Board of Adjustment Larimer County Right-of-Way The High Drive Heights subdivision, dated 1925,platted an access easement intended for Larkspur Road that traveled directly north along and along the western end of the subject lots(the original plat is attached). Throughout time the actual traveled way of Larkspur Road curved to the Estes Valley Planning Commission, January 6, 2014 Page 4 of 8 High Drive Heights Amended Plat Photo: General Building Site for Propose Lot 1A northwest outside of the original right-of-way, leaving a portion of the platted right-of-way unused and without public purpose. The applicant has worked with neighboring property ownersto dedicate public accessand utility easements along the actual traveled way of Larkspur Road. This amended plat will then vacate the unused right-of-way onthe High Drive Heights Subdivision. Aprivate access and utility easement to Lot 1 will also be dedicated to ensure that future development hasa point of access and available public utilities. REVIEWINGAGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment.Memosare included as part of this staff report. Upper Thompson Sanitation District memo dated December 3, 2014. Town Utilities memo dated December 4, 2014. Estes Valley Fire Protection District memo dated December 5, 2014. Larimer County Engineering email dated December 9, 2014. Larimer County Health Department memo dated December 15, 2014. Town of Estes Park Community Developmentmemo dated December 22, 2014 PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazetteand postcards were mailed to all property owners within 500 feet of the property directly notifying these owners of thepublic hearings. Estes Valley Planning Commission, January 6, 2014 Page 5of 8 High Drive Heights Amended Plat As of December 22, 2014, staff have received nowrittenor verbal comments. Any commentsreceived afterDecember 22, 2014will be postedto www.estes.org/currentapplicationsand communicated to the Commission during the public hearing. STAFF REVIEW: Use, Density and Dimensional Standards The site plan demonstratescompliancewithdensity anddimensional standards. Use(EVDC §4.3) The proposedprincipal use,classified as “Single Family Dwelling”,isa use by permitted by right in the EEstatedistrict. Density(EVDC §4.3) No density increase is proposed. Dimensional Standards (EVDC §4.3) The minimum lot size in the E Estate zone district is 0.5 acres, but is increase to 2.0 acres if a private well or septic system is used. Lot 2 uses a private well. Lot 2 is increasing from 0.653 acres to 0.828 acres. While this is under the two(2) acre minimum lot size, staff view this as moving towards compliance. Additionally, once Lot 2 connectsto public water service the minimum lot size decreases to 0.5 acres. Adequate Public Facilities (EVDC§7.11) Adequate services and facilities are available to serve the lots.An access and utility easement is being dedicate for Lot 1 through this process. Estes Valley Comprehensive Plan The application does not conflict nor advance the development guidelines of the Beaver Point Planning Area (page 6-37 of the Estes Valley Comprehensive Plan). Subdivision Purpose One of the purposes of our subdivision standards is to achieve “individual property lots of reasonable utility and livability.” This application will correct a zoning violation of the existing house extending over the interior lot line, allow for an addition on the house, allow for development on Lot 1 and dedicate appropriate public access easementsalong Larkspur Road. Estes Valley Planning Commission, January 6, 2014 Page 6of 8 High Drive Heights Amended Plat STAFF FINDINGS: Based on the foregoing, staff finds: 1.The Amended Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review. 2.The Planning Commission is the Recommending Body to the County Commissioner for the proposed Amended Plat. 3.If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code. 4.Approval of this application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC. RECOMMENDATION:Staff recommends APPROVALofAmended Plat of Lots 1 and 2, Division 8, High Drive Heights Subdivision,subject to the following conditions: 1)The applicant shall add a note to the Final Plat and provide a disclosure document for recording that addresses the following: a.The existing shed, as labeled on the Preliminary Amended Plat, shall be removed and comply with applicable setback requirements prior to development permits for Lot 1A;and b.Should Lot 1A or Lot 2A connect to public water service, the existing well located on Lot 2A shall be abandoned or an approved backflow prevention device shall be installed. 2)Should the submitted variance request to lot width be denied, the applicant shall revise the application to comply with the minimum lot width requirement; 3)Larimer County approval and recording of proposed public access and utility easements alongLarkspur Road; 4)Approval and recording of the private access and utility easement for Lot 1A; and 5)Compliance with the following agencies comments: a.Town Utilities memo dated December 4, 2014. b.Estes Valley Fire Protection District memo dated December 5, 2014. c.Larimer County Engineering email dated December 9, 2014. d.Larimer County Health Department memo dated December 15, 2014. e.Town of Estes Park Community Development memo dated December 18, 2014. Estes Valley Planning Commission, January 6, 2014 Page 7of 8 High Drive Heights Amended Plat SAMPLE MOTION: I move to recommend APPROVAL(or denial) the Amended Plat application, as described in the staff report, with the findings and conditions recommended by staff. Estes Valley Planning Commission, January 6, 2014 Page 8of 8 High Drive Heights Amended Plat Mput Tvckfdu Sjhiu.pg.Xbz Vovtfe ƹǙǟǐǝ,ƿǑǑǔǎǐ ƽǐǘǚǝnjǙǏǠǘ To: Community Development From:SteveRusch Date:12/4/2014 Re: Final/PublicReview: Variance Request andAmended Plat of Lots 1 & 2, High Drive Heights, 660 Larkspur Rd The Utilities Departmenthas the following Final/Public Review comments for the above application: Both the Water Division and Light and Power approve this application as proposed. If/when either of these two lots tie into Town water, the existing well must be abandoned or approved backflow prevention must be installed. Utility easements must be acquired and/or shown on the amended plat during this process as was written on the Statement of Intent dated November 26, 2014. PLAN REVIEW COMMENTS Date: December 5, 2014 Project Identification: Lots 1 and 2 Division 8 High Drive Heights Location: Lot 1 and Lot 2, Division 8, High Drive Heights Subdivision Referral: Plat / Variance Request Dated November 26, 2014 The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2009 Edition), the International Building Code (2009 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 mrobinson@estesvalleyfire.org From:Karen Thompson To:Phil Kleisler Subject:Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Amended Plat of Lots 1 & 2, Division 8, High Drive Heights; 660 Larkspur Rd.; Stephen Wilson, Owner Date:Tuesday, December 09, 2014 2:25:17 PM Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org ---------- Forwarded message ---------- From:Brian Helminiak<bhelminiak@larimer.org> Date: Tue, Dec 9, 2014 at 10:55 AM Subject: Re: REFERRAL FOR COMMENT: FINAL REVIEW - Amended Plat of Lots 1 & 2, Division 8, High Drive Heights; 660 Larkspur Rd.; Stephen Wilson, Owner To: Karen Thompson <kthompson@estes.org>,amyvhe@airbits.com Karen and Amy, My comments on this plat are as follows: 1. Former Lot 2 is labeled Former Lot 1, please correct. 2. Lineal units used for this plat need to be labeled. 3. I am not 100% sure if Estes requires this note, but the County does: "The new lots created by this action are subject to the same restrictions, covenants, and regulations as set forth in the the plat of record (subdivision name). Let me know if you have any questions. Sincerely, Brian Helminiak, PLS On Mon, Dec 8, 2014 at 10:24 AM, Karen Thompson <kthompson@estes.org> wrote: Attached please find the necessary documentation for the FINAL review of the project mentioned above.Comments are due on or before Friday, December 12, 2014. The timeline for this project has been shortened. Please let us know as soon as possible if you need additional time to review the project. Thank you for your comments. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone:970-577-3721 Fax:970-586-0249 kthompson@estes.org -- Sincerely, Brian M. Helminiak, PLS Larimer County Engineering Direct:970-498-5704 Cell:970-215-5298 bhelminiak@larimer.org To:Karen Thompson, Town of Estes Park From:Doug Ryan, Environmental Health Planner Date:December 15, 2014 Subject:Amended Plat of Lots 1 & 2 Division 8, High Drive Heights Sub The High Drive Heights Subdivision amended plan is a proposalto adjust the common lot line between two adjacent lots in order to have the house, well and septic system all containedon the southerlyLot 2. I have reviewed the information providedand have no objections so long asutility providers have adequate access for their needs. As is the case with all rural area lots, permits to install new or replacement on-site sewer systems must be obtainedfrom our Departmentprior to construction. Thank you for the opportunity to comment on this proposal. I can be reached at (970) 498-6777 if there are questions about any of these topics. Community Development Memo To:Amy Plummer Van HornEngineering and Surveying From:Phil Kleisler,Planner II Date:December 22, 2014 RE:Amended Plat of Lots 1 & 2, Division 8, High Drive Heights Subdivision This written analysis includes only those EVDC provisions that apply to this development proposal. Community Development Staff finds the November 26, 2014submittal: I. Complies with: 1)§4.3.B Permitted Uses:Household living 2)§4.3.C Density/Dimensional Standards regarding maximum net density.The minimum lot size in the E Estate zone district is 0.5 acres, but is increased to 2.0 acres if a private well or septic system is used. Lot 2 uses a private well. Lot 2 is increasing from 0.653 acres to 0.828 acres. While this is under the two (2) acre minimum lot size, staff view this as moving further towards compliance. Additionally, development on Lot 1 will trigger both lots connecting to Town water service. Once connected to public water service the minimum lotsize decreases to 0.5 acres, which both will meet. 3)§5.2.D General Dimensional and Operational Requirements. The proposed Lot 2A may have 1,328 square feet of accessory uses. 4)§7.12 Adequate Public Facilities 5)§10.4 Lots. 6)§10.5 Subdivision Design Standards a.Estes Valley Comprehensive Plan: The subject property is in the Beaver Point planning area. Staff finds that this application neither advances nor conflicts with this chapter of the Comprehensive Plan. II. Does not comply with(or needsadditional information): 1)§4.3.C Density/Dimensional Standards regarding: a.Minimum lot width: Variance pending b.Setbacks: The proposed property line is located through a “movable shed”. You have proposed that the shed be moved prior to any building permit approval for proposed Lot 1A.Staff will add this as a recommended condition of approval. Page 1 2)Minor Drafting Edits: a.Adjust the vertical heading of final plat to read “Final Amended Plat”. b.Label theprivate access easementto Lot 1A and with thereception number. c.Label the public access easementsalong Larkspur Roadwith reception numbers. III.The Planning Commission must find: 1)Compliance with §10 Subdivision Standards, as applicable. 2)That approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Page 2 ! HSBOU!PG!B!QSJWBUF!BDDFTT!BOE!VUJMJUZ!FBTFNFOU!! BDSPTT!B!QPSUJPO!PG!UIF!! TX!½!PG!TFDUJPO!38-!UPXOTIJQ!6!OPSUI-!! ui SBOHF!84!XFTU!PG!UIF!7!Q/N/-! MBSJNFS!DPVOUZ-!DPMPSBEP! ! ! 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Lots 1 & 2, Division 8, High Drive Heights Subdivision Lot Width 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: March 3, 2015 REQUEST: This request is for a variance from Estes Valley Development Code (EVDC)Section 4.3, Table 4-2,which sets a minimum lot width of 75 feet in the E Estate district; the applicantproposes a 50-foot lot width.The EVDC defines Lot Width as: The horizontal distance between the side lot lines along a straight line parallel to the front lot line (in the chord thereof) and located the minimum front setback distance from the front line. Lot width standards shall apply to lots that do not have a front lot line, i.e. lots that do not abut a street. In these cases, the Decision-Making Body shall determine where to measure lot width. On February 17, 2015 the applicantreceived approval from the Larimer County Board of County Commissioners to adjust an interior lot line between two lots of record, and dedicate and vacate of Larimer County right-of-way. An existing single family home, built in 1961, currently extends over the internal lot line that the applicantwishedto move. Absent of moving the entire house, the only way to remedy this zoning violation was to amend the internal lot line. The applicant owns both Lot 1A and Lot 2A. When moving the internal lot line the applicant wished to retain the existing water well fully onlot 2A. Achieving this required that the lot width be undersized by 25 feet. The subject lot is undeveloped, but will have access to public utilities through the dedication of an access and utility easement across a neighboring property. Per the conditions of approval of the recent amended plat, the applicant shall widen the lot width to meet the 75-foot requirement if this variance is denied. This request is part of a development application package that includes: Minor Subdivision, Amended Plat(§3.9.E): Per Section 3.9.E of the EVDC, all subdivision applications shall demonstrate compliance with the Single Family Residential Single Family Residential Single Family Residential standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of this Code. Decision-Making Body:Larimer County Board of County Commissioners. The Commissioners unanimously approved this request at their February 17, 2015 hearing. Variance (§3.6): The applicanthas requested a variance to minimum lot width standards. The variance is a result of the property owner’s preference to move the lot line to ensure the existing well is located entirely on Lot 2. Decision-Making Body: Estes Valley Board of Adjustment LOCATION:660 Larkspur Road (County) APPLICANT/OWNER:Stephen Wilson, owner/Amy Plummer, Engineer STAFF CONTACT:Phil Kleisler, Planner II 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. 660 Larkspur RoadPage 2of 5 Setback Variance Request REFERRALAND 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 were expressed during review. Public.As of February 24, 2015, one public comment hasbeen received. The neighbor to the northern adjacent lot expressedconcern about an approval of this application setting a precedent for future approvals and the impact any development on Lot 1A will have on their property views.The Board will likely receive a letter from this property owner on February 27, 2015. Comments received after February 24, 2015 will be posted at www.estes.org/CurrentApplicationsfor the Board’sreviewand detailed in the staff presentation. 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 the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding:Staff finds that special circumstances and conditions exist relating to the location of the single family homeand well.The existing house was built in 1961, prior to the establishment of building codes or the Larimer County Building Safety Division. The house was constructed on the interior lot line.The location of the existing water well creates a unique circumstance for the owner, who strongly desires to keep the water well on Lot 2A. 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:Denial of the variance would not prevent the construction of a home on Lot 1A. b.Whether the variance is substantial; Staff Finding:Staff finds 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 asa result of the variance; 660 Larkspur RoadPage 3of 5 Setback Variance Request Staff Finding:The essential character of the neighborhood would not be substantially altered with the approval of this variance. The proposed lot configuration still allows for a suitable building site, likely a similar location as intended with the creation of the original subdivision (1925). However, most lots in the area appear to have lot width distances greater than 75 feet. To that end, this lot would besomewhatunique. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding:Affected agencies expressed no concerns relating to public services for this variance. e.Whether the Applicantpurchased the property with knowledge of the requirement; Staff Finding:According to the Larimer County Tax Assessor, the applicantpurchased the home in 1979. At the time of purchase the lot was zoned E-1Estate, which required a 180-foot minimum lot width. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding:As stated in the applicant’s Statement of Intent, the alternative option to this variance is to record an easement onto this lot. 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 conditions as submitted in this variance petition are not general and recurrent in nature. 4.No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result inan increasein 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 result inan increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 5.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. 660 Larkspur RoadPage 4of 5 Setback Variance Request Staff Finding:The alternative to this variance is to widen the lot width and record an easement to the well on Lot 1A. However, keeping the well on Lot 2A provides a level of assurance to the applicant for unquestioned future use of the well. 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:Residentialuses are permitted in the EEstate zone district. 7.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. Staff Comment.No action is recommended. STAFF RECOMMENDATION: Staff recommends that the Board use their best judgment in the deliberation of this variance request. SUGGESTED MOTIONS I move to APPROVEthe requested variancewith the findings recommended by staff. I move toDENY the requested variance with thefollowing findings (state reason/findings). 660 Larkspur RoadPage 5of 5 Setback Variance Request Lots 1 & 2,Division 8, High Drive Heights Subdivision Amended Plat 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 EE STES STES VV ALLEY ALLEY PP LANNING LANNING CC OMMISSIONOMMISSION MEETING DATE& LOCATION:January 6, 2014January 6, 2014, 1:30 PM, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:Amended Plat application review and approval. STAFF OBJECTIVE:Review for compliance with the Estes Valley Development Code (EVDC) and provide a recommendation to the Planning Commission. PLANNING COMMISSION OBJECTIVE:Review for compliance with the Estes Valley Development Code: (1)Provide a recommendation to the Board of County Commissioners of approval or denial of the Amended Plat. LOCATION:660 Larkspur Road & an adjacent Vacant Lot OWNER/APPLICANT:Stephen Wilson, owner CONSULTANT/ENGINEER:Primary Contact: Amy Plummer,Van Horn Engineering REPORT SUMMARY: The application proposes to adjustan internal lot line between two lots of record, vacate and dedicate Larimer County right-of-way, and dedicate a private access and utility easement to the vacant lot.No new lots are being created. Staff has reviewed the application for compliance withthe EVDCand finds that if revised to comply with recommended conditions of approval, the application will comply with applicable sections of the EVDC.Therefore, staff recommends approval of the application, subject to conditions described in the staff report. CONTENTS SITE DATA MAP AND TABLE:..............................................................................................3 PROJECT DESCRIPTION & REVIEW PROCESS:..............................................................4 REVIEWING AGENCY COMMENTS:...................................................................................5 PUBLIC COMMENTS:...........................................................................................................5 STAFF REVIEW:...................................................................................................................6 STAFF FINDINGS.................................................................................................................7 RECOMMENDATION............................................................................................................7 Estes Valley Planning Commission, January 6, 2014 Page 2of 8 High Drive Heights Amended Plat Single Family Residential Single Family Residential Single Family Residential SITE DATA MAP AND TABLE: Parcel Number(s):LotArea: 35263-12-001Current: Lot 1 (northern):0.667 acres Lot 2 (southern):0.653 acres Proposed: Lot 1A: 0.639acres Lot 2A:0.828acres *Minimum Lot Size 0.5acre Increases to 2.0 acres if well or septic is used Existing Land Use:Proposed Land Uses:Same Lot 1: Vacant Lot 2: Single Family Residential Hazards/Physical FeaturesMapped on this Site? Wildfire HazardYes. Addressed with building permit Geologic HazardNo WetlandsNo Streams/RiversNo Ridgeline ProtectionNo Wildlife HabitatNo Estes Valley Planning Commission, January 6, 2014 Page 3of 8 High Drive Heights Amended Plat PROJECT DESCRIPTION& REVIEW PROCESS: Project Description: Correcting a Zoning Violation Thisapplicat proposes to adjust an interior lot line between two lots ofrecord, anddedicateand vacateof Larimer County right-of-way. Anexisting single family home, built in 1961,currently extends over the internallot line that the applicant wishes to move. Absent of moving the entire house, the only way to remedy this zoning violation is to amend the internal lot line. The lots are zoned E Estate and located in the unincorporated Estes Valley.Lot 2 currently utilizes awater well located on Lot 1 (which the applicant also owns), and is serviced by public sewer and electric services. Lot 1 is undeveloped, but will have access to public utilities through the dedication of an access and utility easement across a neighboring property. This request is part of a development application package that includes: Minor Subdivision, Amended Plat (§3.9.E):Per Section 3.9.E of the EVDC, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of this Code. Section 3.9 requires the Planning Commission find that approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Decision-Making Body:Larimer County Board of County Commissioners Variance (§3.6): The applicant has requested a variance to minimum lot width standards. The variance is a result of the property owner’s preference to move the lot line to ensure the existing well is located entirely on Lot 2. The public hearing for this request is scheduled for March 3, 2015 following the County Commissioners’ hearing. Decision-Making Body: Estes Valley Board of Adjustment Larimer County Right-of-Way The High Drive Heights subdivision, dated 1925,platted an access easement intended for Larkspur Road that traveled directly north along and along the western end of the subject lots(the original plat is attached). Throughout time the actual traveled way of Larkspur Road curved to the Estes Valley Planning Commission, January 6, 2014 Page 4 of 8 High Drive Heights Amended Plat Photo: General Building Site for Propose Lot 1A northwest outside of the original right-of-way, leaving a portion of the platted right-of-way unused and without public purpose. The applicant has worked with neighboring property ownersto dedicate public accessand utility easements along the actual traveled way of Larkspur Road. This amended plat will then vacate the unused right-of-way onthe High Drive Heights Subdivision. Aprivate access and utility easement to Lot 1 will also be dedicated to ensure that future development hasa point of access and available public utilities. REVIEWINGAGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment.Memosare included as part of this staff report. Upper Thompson Sanitation District memo dated December 3, 2014. Town Utilities memo dated December 4, 2014. Estes Valley Fire Protection District memo dated December 5, 2014. Larimer County Engineering email dated December 9, 2014. Larimer County Health Department memo dated December 15, 2014. Town of Estes Park Community Developmentmemo dated December 22, 2014 PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazetteand postcards were mailed to all property owners within 500 feet of the property directly notifying these owners of thepublic hearings. Estes Valley Planning Commission, January 6, 2014 Page 5of 8 High Drive Heights Amended Plat As of December 22, 2014, staff have received nowrittenor verbal comments. Any commentsreceived afterDecember 22, 2014will be postedto www.estes.org/currentapplicationsand communicated to the Commission during the public hearing. STAFF REVIEW: Use, Density and Dimensional Standards The site plan demonstratescompliancewithdensity anddimensional standards. Use(EVDC §4.3) The proposedprincipal use,classified as “Single Family Dwelling”,isa use by permitted by right in the EEstatedistrict. Density(EVDC §4.3) No density increase is proposed. Dimensional Standards (EVDC §4.3) The minimum lot size in the E Estate zone district is 0.5 acres, but is increase to 2.0 acres if a private well or septic system is used. Lot 2 uses a private well. Lot 2 is increasing from 0.653 acres to 0.828 acres. While this is under the two(2) acre minimum lot size, staff view this as moving towards compliance. Additionally, once Lot 2 connectsto public water service the minimum lot size decreases to 0.5 acres. Adequate Public Facilities (EVDC§7.11) Adequate services and facilities are available to serve the lots.An access and utility easement is being dedicate for Lot 1 through this process. Estes Valley Comprehensive Plan The application does not conflict nor advance the development guidelines of the Beaver Point Planning Area (page 6-37 of the Estes Valley Comprehensive Plan). Subdivision Purpose One of the purposes of our subdivision standards is to achieve “individual property lots of reasonable utility and livability.” This application will correct a zoning violation of the existing house extending over the interior lot line, allow for an addition on the house, allow for development on Lot 1 and dedicate appropriate public access easementsalong Larkspur Road. Estes Valley Planning Commission, January 6, 2014 Page 6of 8 High Drive Heights Amended Plat STAFF FINDINGS: Based on the foregoing, staff finds: 1.The Amended Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review. 2.The Planning Commission is the Recommending Body to the County Commissioner for the proposed Amended Plat. 3.If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code. 4.Approval of this application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC. RECOMMENDATION:Staff recommends APPROVALofAmended Plat of Lots 1 and 2, Division 8, High Drive Heights Subdivision,subject to the following conditions: 1)The applicant shall add a note to the Final Plat and provide a disclosure document for recording that addresses the following: a.The existing shed, as labeled on the Preliminary Amended Plat, shall be removed and comply with applicable setback requirements prior to development permits for Lot 1A;and b.Should Lot 1A or Lot 2A connect to public water service, the existing well located on Lot 2A shall be abandoned or an approved backflow prevention device shall be installed. 2)Should the submitted variance request to lot width be denied, the applicant shall revise the application to comply with the minimum lot width requirement; 3)Larimer County approval and recording of proposed public access and utility easements alongLarkspur Road; 4)Approval and recording of the private access and utility easement for Lot 1A; and 5)Compliance with the following agencies comments: a.Town Utilities memo dated December 4, 2014. b.Estes Valley Fire Protection District memo dated December 5, 2014. c.Larimer County Engineering email dated December 9, 2014. d.Larimer County Health Department memo dated December 15, 2014. e.Town of Estes Park Community Development memo dated December 18, 2014. Estes Valley Planning Commission, January 6, 2014 Page 7of 8 High Drive Heights Amended Plat SAMPLE MOTION: I move to recommend APPROVAL(or denial) the Amended Plat application, as described in the staff report, with the findings and conditions recommended by staff. Estes Valley Planning Commission, January 6, 2014 Page 8of 8 High Drive Heights Amended Plat Mput Tvckfdu Sjhiu.pg.Xbz Vovtfe ƹǙǟǐǝ,ƿǑǑǔǎǐ ƽǐǘǚǝnjǙǏǠǘ To: Community Development From:SteveRusch Date:12/4/2014 Re: Final/PublicReview: Variance Request andAmended Plat of Lots 1 & 2, High Drive Heights, 660 Larkspur Rd The Utilities Departmenthas the following Final/Public Review comments for the above application: Both the Water Division and Light and Power approve this application as proposed. If/when either of these two lots tie into Town water, the existing well must be abandoned or approved backflow prevention must be installed. Utility easements must be acquired and/or shown on the amended plat during this process as was written on the Statement of Intent dated November 26, 2014. PLAN REVIEW COMMENTS Date: December 5, 2014 Project Identification: Lots 1 and 2 Division 8 High Drive Heights Location: Lot 1 and Lot 2, Division 8, High Drive Heights Subdivision Referral: Plat / Variance Request Dated November 26, 2014 The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2009 Edition), the International Building Code (2009 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 mrobinson@estesvalleyfire.org From:Karen Thompson To:Phil Kleisler Subject:Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Amended Plat of Lots 1 & 2, Division 8, High Drive Heights; 660 Larkspur Rd.; Stephen Wilson, Owner Date:Tuesday, December 09, 2014 2:25:17 PM Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org ---------- Forwarded message ---------- From:Brian Helminiak<bhelminiak@larimer.org> Date: Tue, Dec 9, 2014 at 10:55 AM Subject: Re: REFERRAL FOR COMMENT: FINAL REVIEW - Amended Plat of Lots 1 & 2, Division 8, High Drive Heights; 660 Larkspur Rd.; Stephen Wilson, Owner To: Karen Thompson <kthompson@estes.org>,amyvhe@airbits.com Karen and Amy, My comments on this plat are as follows: 1. Former Lot 2 is labeled Former Lot 1, please correct. 2. Lineal units used for this plat need to be labeled. 3. I am not 100% sure if Estes requires this note, but the County does: "The new lots created by this action are subject to the same restrictions, covenants, and regulations as set forth in the the plat of record (subdivision name). Let me know if you have any questions. Sincerely, Brian Helminiak, PLS On Mon, Dec 8, 2014 at 10:24 AM, Karen Thompson <kthompson@estes.org> wrote: Attached please find the necessary documentation for the FINAL review of the project mentioned above.Comments are due on or before Friday, December 12, 2014. The timeline for this project has been shortened. Please let us know as soon as possible if you need additional time to review the project. Thank you for your comments. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone:970-577-3721 Fax:970-586-0249 kthompson@estes.org -- Sincerely, Brian M. Helminiak, PLS Larimer County Engineering Direct:970-498-5704 Cell:970-215-5298 bhelminiak@larimer.org To:Karen Thompson, Town of Estes Park From:Doug Ryan, Environmental Health Planner Date:December 15, 2014 Subject:Amended Plat of Lots 1 & 2 Division 8, High Drive Heights Sub The High Drive Heights Subdivision amended plan is a proposalto adjust the common lot line between two adjacent lots in order to have the house, well and septic system all containedon the southerlyLot 2. I have reviewed the information providedand have no objections so long asutility providers have adequate access for their needs. As is the case with all rural area lots, permits to install new or replacement on-site sewer systems must be obtainedfrom our Departmentprior to construction. Thank you for the opportunity to comment on this proposal. I can be reached at (970) 498-6777 if there are questions about any of these topics. Community Development Memo To:Amy Plummer Van HornEngineering and Surveying From:Phil Kleisler,Planner II Date:December 22, 2014 RE:Amended Plat of Lots 1 & 2, Division 8, High Drive Heights Subdivision This written analysis includes only those EVDC provisions that apply to this development proposal. Community Development Staff finds the November 26, 2014submittal: I. Complies with: 1)§4.3.B Permitted Uses:Household living 2)§4.3.C Density/Dimensional Standards regarding maximum net density.The minimum lot size in the E Estate zone district is 0.5 acres, but is increased to 2.0 acres if a private well or septic system is used. Lot 2 uses a private well. Lot 2 is increasing from 0.653 acres to 0.828 acres. While this is under the two (2) acre minimum lot size, staff view this as moving further towards compliance. Additionally, development on Lot 1 will trigger both lots connecting to Town water service. Once connected to public water service the minimum lotsize decreases to 0.5 acres, which both will meet. 3)§5.2.D General Dimensional and Operational Requirements. The proposed Lot 2A may have 1,328 square feet of accessory uses. 4)§7.12 Adequate Public Facilities 5)§10.4 Lots. 6)§10.5 Subdivision Design Standards a.Estes Valley Comprehensive Plan: The subject property is in the Beaver Point planning area. Staff finds that this application neither advances nor conflicts with this chapter of the Comprehensive Plan. II. Does not comply with(or needsadditional information): 1)§4.3.C Density/Dimensional Standards regarding: a.Minimum lot width: Variance pending b.Setbacks: The proposed property line is located through a “movable shed”. You have proposed that the shed be moved prior to any building permit approval for proposed Lot 1A.Staff will add this as a recommended condition of approval. Page 1 2)Minor Drafting Edits: a.Adjust the vertical heading of final plat to read “Final Amended Plat”. b.Label theprivate access easementto Lot 1A and with thereception number. c.Label the public access easementsalong Larkspur Roadwith reception numbers. III.The Planning Commission must find: 1)Compliance with §10 Subdivision Standards, as applicable. 2)That approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Page 2 ! HSBOU!PG!B!QSJWBUF!BDDFTT!BOE!VUJMJUZ!FBTFNFOU!! BDSPTT!B!QPSUJPO!PG!UIF!! TX!½!PG!TFDUJPO!38-!UPXOTIJQ!6!OPSUI-!! ui SBOHF!84!XFTU!PG!UIF!7!Q/N/-! MBSJNFS!DPVOUZ-!DPMPSBEP! ! ! 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