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
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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
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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
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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
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