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Home My WebLink AboutVARIANCE Bounary Line Adjustment 2930 Little Valley Rd 2002-11-05 I. PROJECT OVERVIEW DATE OF BOA MEETING: November 5, 2002 REQUEST: The petitioner has submitted a minor subdivision application for a boundary line adjustment. Boundary line adjustments are subject to all the subdivision standards, unless a variance is granted by the Estes Valley Board of Adjustment. The petitioner requests a variance to subdivision standards. LOCATION: The site is located at 2930 Little Valley Road and 1390 Tyrolerne Lane within the unincorporated Estes Valley. PETITIONER/PROPERTY OWNER: William E. Sweet, Diane S. Rumsey, Jananne McPhearson, Elise C. Sweet /Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code II. PROJECT DESCRIPTION/BACKGROUND The petitioner has submitted a minor subdivision application for a boundary line adjustment. Boundary line adjustments are subject to all the subdivision standards, unless a variance is granted by the Estes Valley Board of Adjustment. The petitioner requests a variance to subdivision standards. Sweet Boundary Line Adjustment Subdivision Standards Variance Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall RiverEntrance RMNPBeaver Meadows Entrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS Page #2 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane Per EVDC §10.2.B.1, boundary line adjustment applications “may be combined with a request for variance from applicable subdivision standards pursuant to §3.6, “Variances,” of this Code.” Specifically the applicant has requested a variance to EVDC §10.4.B, which states that “access roads shall meet the requirements set forth in §7.12.H, ‘Transportation’,” §10.4.E which states, “side lot lines shall be substantially at right angles or radial to road right-of-way lines or centerlines,” §10.5.A.3 concerning off-site utilities and services, §10.5.A.5 concerning improvements, and §10.5.C through J, which refer primarily to adequate public facilities requirements. This variance request does not fall within the parameters of staff level review and will be reviewed by the Estes Valley Board of Adjustment. III. SITE DATA Number of Lots Three parcels Parcel Number(s) 2406300010, 1390 Tyrolerne Lane, Parcel 1 2406300011, 2930 Little Valley Road, Parcel 2 & 3 Total Development Area Parcel 1 Parcel 2 Parcel 3 Total 29.94 acres 16.41 acres 0.30 acres 46.65 acres Existing Zoning “RE” Rural Estate Proposed Zoning “RE” Rural Estate Existing Land Use Parcel 1 Parcel 2 Parcel 3 Single-Family Residential Double Wide Mobile Home Undeveloped Proposed Land Use Parcel 1 Parcel 2 Parcel 3 Same as existing Same as existing Same as existing ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “RE” Rural Estate Single-Family Residential South “RE” Rural Estate Undeveloped East Outside Estes Valley Planning Area National Forest West “E” Estate Single-Family Residential Page #3 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane SERVICES Water Parcel 1 Parcel 2 Parcel 3 Well Well None Sewer Parcel 1 Parcel 2 Parcel 3 Well Well None Fire Protection Parcel 1, 2 & 3 Town of Estes Park Page #4 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane IV. REVIEW CRITERIA All applications for variances shall demonstrate compliance with Section 3.6 C. “Standards for Review” of the Estes Valley Development Code. V. REFFERAL COMMENTS This request has been submitted to all applicable reviewing agency staff and property owners within 100 feet of the property for consideration and comment. The following reviewing agency staff and/or neighbors submitted comments. Town Attorney. See Greg White’s letter to Alison Chilcott dated September 3, 2002. VI. STAFF FINDINGS Staff finds: 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: The special circumstance is that no new lots are being created with the Sweet Boundary Line Adjustment application (minor subdivision application) and that the Estes Valley Development Code established a provision for the Board of Adjustment to grant variances to subdivision standards for boundary line adjustments. This variance provision is not available to minor subdivision applications that create new lots. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance. Staff Finding: The current uses of the property can continue. b. Whether the variance is substantial. Page #5 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane Staff Finding: The variance is not substantial. The existing use will can continue as is, if the variance is granted. The variance will not allow the creation of new lots. 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 will not be substantially altered, nor will adjoining properties suffer a substantial detriment as a result of the variance. Neighbors have not contacted staff to comment on this proposal and staff is not aware of their opinions about the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance will not change the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The applicants purchased the property prior to the February 1, 2000 effective date of the Estes Valley Development Code and with knowledge of the requirements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant’s predicament cannot be mitigated through a method other than a variance. The Estes Valley Development Code established the procedure of obtaining variances to subdivision standards from the Board of Adjustment. 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 unique circumstances associated with the application is that no new lots are being created. Staff recommends the Page #6 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane formulation of a general regulation to allow the County Commissioners to waiver subdivision standards for boundary line adjustments. 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 lots. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance, if granted, may offer 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: The single-family residential use is permitted on Parcel 1. The existing mobile home on Parcel 2 is a legal nonconforming, if it conformed to the Larimer County regulations when it was placed on the lot in 1985. 7. In granting this variance, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards varied or modified. 8. Per EVDC §3.6.D, failure of an Applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the Board of Adjustment null and void. VII. STAFF RECOMMENDATION Staff recommends APPROVAL of a variance to EVDC §10.4.B, which states that “access roads shall meet the requirements set forth in §7.12.H, ‘Transportation’,” §10.4.E which states, “side lot lines shall be substantially at right angles or radial to road right-of-way lines or centerlines,” §10.5.A.3 concerning off-site utilities and services, §10.5.A.5 concerning Page #7 –Variance Request for 2930 Little Valley Road and 1390 Tyrolerne Lane improvements, and §10.5.C through §10.5.E.4 and §10.5.E.6 through §10.5.J which refer primarily to adequate public facilities requirements. CONDITIONAL TO: 1. Town Board approval of the Sweet Boundary Line Adjustment application, which was submitted in conjunction with this variance request. Staff recommends DENIAL of a waiver to EVDC §10.5.E.5 Easements, which requires utility easements should be dedicated as required by each respective utility.