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HomeMy WebLinkAboutVARIANCE Setbacks 800 MacGregor Ave 1999-12-30MEMORANDUM To: Board of Adjustment From: Will Birchfield, Chief Building Official Date: December 30,1999 Re: Request for a Setback Variance from Section 17.20.040 (b) (1) b. of the Municipal Zoning Code General Data A. Address: 800 MacGregor Avenue B. Legal: Meyer Addition (See file copy) C. Owner: James Sloan D. Applicant: Estes Park Surveyors and Engineers II. Site Data A. Lot Area: 10.35 Acres B. Existing Zoning: CO, within Town Boundaries C. Adjacent Zoning: RS, within Town Boundaries D. Existing Use: Accommodations E. Adjacent Use: Church F. Access: MacGregor Avenue Request This is a request to reduce the required twenty-five (25) feet side setback to fifteen (15) feet. The reduced side setback would allow a replacement structure to better conform with the existing environment and neighboring structures. IV. Code References A. Per Section 17.20.040 (b) (1) b., setbacks from side lines in C-O Zoning Districts are required to be twenty-five (25) feet minimum, when abutting an R-S District. B. The 97 Uniform Building cod does not have restrictive requirements for R-1 (Accommodation) structures fifteen feet from property lines. However, other uses may trigger restrictive requirements. C. The 97 UBC, Section 1008.1 authorizes the Building Official to require a lot survey when setbacks are uncertain. V. Specific Conditions A. The subject property has extensive floodplain and wetlands on the west boundary. B. The subject property has steep elevations on the south boundary. C. The existing building is bordered on the west by floodplain, on the south by a Town water main easement, on the east by 2 large trees, and on the north by the property line in question. VI. Recommendation Because the property in general and the building site specifically has restrictive topographic and exceptional conditions to them, staff recommends approval of a side setback variance. Staff further recommends said variance be approved on the following conditions: 1. The reduced setback shall not encroach more than existing structure. 2. The west end of the proposed building should be rotated as close as possible to the Town water main easement, thereby increasing the side setback. 3. The reduced setback shall not be less than fifteen feet. 4. An improvement survey shall be provided prior to placing foundation concrete. VI. Attachments: A. Site Plan B. Zoning Code Section (setbacks) C. Uniform Building Code Section D. Zoning Code Section E. Floodplain Map ST. BARTHOLOMEW S CHURCH EXISTING VIEW DIRECTION FROM CHURCH WINDOWS TO LONGS PEAK / / / / / / / i / / / nV / / / / / / / / / / / / / / / / / / / / ^. / / / / / / / / / / t / / is Eqs-ntic etmcTBAdC OUND 1/2'REBAR SCALE 1"=40' 25' REdO 9LDGSE 24" C •\`__/ 30" C , ��1 DUSTING i CONC. I WALK / EXISTING TONTI WATER MAIN EASEMENT .•STAIRS TO -� UPPER LEVEL EXISTING • BUILDING • PROPOSED BUILDING. FOUND IN CONC. A \ / \ r^ / \ �-_/ I II I I I EXiSITNG DRIVE AND PARKING I 1 I / / SURVEYORS do ENGINEERS, INC.1999 FIRST NATIONAL BANK BLDG SUITE 204 (970) 586-5175 ©ESTES PARK P.O. BOX 3047 ESTES PARK, COLORADO 80517 PROJECT: SETBACK VARIANCE DATE: DEC. 14, REV: 1999 JIM SLOAN P.O. BOX 933 ESTES PARK, CO 80517 (970) 586-2158 SHEET: 1 OF: 1 PROJECT NO: 2520 Zoning Section 17.20.040 approved through the development plan review process. No parking, loading, refuse containers or storage shall be located within ten (10) feet of the high water line. (3) Other property line setbacks where abutting a single or multifamily residential or estate district: ten (10) feet. (See Section 17.24.020 for planting requirements in dis- trict boundary setbacks.) (4) Other property line setbacks for other caes: none required, provided that buildingicode'requirements are met. (b) All other districts. (1) Property line setbacks. A building setback must be provided from the street or property line as follows: a. From the street line, twenty-five (25) feet in the E, R-M, C-O and C-H districts; and in the R-S district there shall be a twenty -five-foot setback from an arterial street and fifteen -foot setback from all other street lines; b. From side line the E district, twenty-five (25) feet; in the R-S and R-M districts, ten (10) feet or twenty-five (25) feet when the side line abuts the E district; n the C O and C-H districts fifteen (15) feet or twenty-five (25) feet when the side line abuts the E, R-S or R-M districts; c. From rear lines in the E district, twenty-five (25) feet; in the R-S district, fifteen (15) feet or twenty-five (25) feet when abutting the E district; in the R-M district, ten (10) feet or twenty-five (25) feet when abutting the E district; in the C- O and C-H districts, fifteen (15) feet or twenty-five (25) feet when abutting the E, R-S or R-M districts. 17-22 (2) River setback. A thirty-foot build- ing setback is required from the high water line of the Big Thompson and Fall Rivers, and a ten -foot building setback is required from the high water line of any other river or stream. However, no river setback shall be required to exceed twenty percent (20%) of the distance to the opposite lot line. No park- ing, loading, refuse containers or storage shall be located within ten (10) feet of the high water line of any river or stream. (3) Corner setback. No essentially opaque fence, landscaping, wall or free- standing sign shall be maintained between three and one-half (3`V2) and eight (8) feet above grade within one hundred (100) feet of the intersection of street centerlines. (4) Setbacks on special review. For multifamily development, "bonused" subdi- visions or other residential development subject to special review, there shall be a thirty-foot buffer on the perimeter of the property being developed, to be kept free of buildings, structures and parking areas and must be landscaped, screened or protected by natural features so that adverse effects on surrounding areas are minimized. In such cases, required setbacks from property lines internal to the development may be reduced if approved by the Board of Trustees. (5) Zero lot line development. Any side yard on a lot eligible for reduced area under Subsection (6) below may, on special review by the Board of Trustees, be reduced to zero (0), provided that the following are complied with: a. In the E and R-S districts, the opposite yard must equal at least twenty percent (20%) of the lot width; 1997 UNIFORM BUILDING CODE 107.6 108.8 permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. SECTION 108 — INSPECTIONS 108.1 General. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous in- spection, as specified in Section 1701.5. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give au- thority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection, A survey of the lot may be required by the building official to to the structure is located in accordance with the approved 108,2 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspec- tion record card such as to allow the building official to conve- niently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official. 108.3 Inspection Requests. It shall be the duty of the person do- ing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one work- ing day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting any inspections re- quired by this code to provide access to and means for inspection of such work. 108.4 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtain- ing the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the per- mit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. 108.5 Required Inspections. 108.5.1 General. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or con- cealed without first obtaining the approval of the building official. Protection of joints and penetrations in fire -resistive assemblies shall not be concealed from view until inspected and approved. The building official, upon notification, shall make the inspec- tions set forth in the following sections. 108.5.2 Foundation inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. Where the foundation is to be constructed of ap- proved treated wood, additional inspections may be required by the building official. 108.5.3 Concrete slab or under -floor inspection. To be made after all in -slab or under -floor building service equipment, con- duit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 108.5.4 Frame inspection. To be made after the roof, all fram- ing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes and ducts are approved. 108.5.5 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but be- fore any plastering is applied or before gypsum board joints and fasteners are taped and finished. 108.5.6 Final inspection. To be made after finish grading and the building is completed and ready for occupancy. 108.6 Special Inspections. For special inspections, see Chapter 17. 108.7 Other Inspections, In addition to the called inspections specified above, the building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. 108.8 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re - inspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for fail- ure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the 1-5 Zoning Section 17.36.010 b.; To authorize upon appeal in spe- cific cases variances from the terms of this Title, where by reason of exceptional narrowness, shallowness or slope of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted herein would result in peculiar and exceptional practical diffi- culties to, or exceptional and undue hard- ship upon, the owner of such property, provided that such variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Title, and provided that no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. (2) Quorum. Three (3) members of the Board of Adjustment shall be a quorum for the transaction of business. (3) Voting. The concurring vote of a majority of the members of the Board present shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or decide in favor of the applicant any matter upon which it is required to pass under the ordinances of the Town, or to effect any variation in any ordi- nance of the Town. (4) Procedure. The Board of Adjust- ment shall hold a public hearing on all appli- cations and appeals with the following spe- cial conditions required: a. Upon an application for variance, the Board of Adjustment shall mail a written notice of the hearing thereon at least seven (7) days prior to the hearing date to the applicant and to the owners of property adjacent to the prop- erty for which the variance has been requested. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the Board of Adjustment; b. All variances granted by the Board of Adjustment shall become null and void if a building permit has not been issued and paid for and work thereunder com- menced within four (4) months from the date the variance was granted; and c. Petitioners for appeals or variances shall pay a fee to cover the cost of adver- tising and processing, and shall reimburse the Town's costs for legal, engineering and planning costs incurred by staff and consultants necessary for the review. No hearing on an appeal or request for a variance will be heard until such fee has been paid to the Town Clerk. (5) Sign Code procedure. Appeal and variance procedure relative to the Sign Code (Chapter 17.66 of this Code) shall be in accordance with procedure set forth in Sec- tion 17.66.340 of this Code. (e) Changes and amendments. The Board of Trustees may, from time to time, on its own motion or on petition, after public notice and hearings as provided by law, amend, supplement or change the boundaries or regulations herein provided or subsequently established. All peti- tions shall be filed with the Town Planner. A fee shall be paid to the Town Clerk for adver- tising and processing. (f) Supplementary regulations. Regula- tions specified in this Title shall be subject to the interpretations, exceptions and additions set forth in Chapter 14.32. 17-43 Private Drive X w Z 0 N w Q w z 0 N X _ NO w O ca catty. C^� Private Dr TOWN OF ESTES PARK December 14, 1999 /2401k1 TO: GREG WHITE BILL LINMANE,' RICHARD MATZKE ESTES PARK SANITATION FROM: ROBERT B. JOSEPH SENIOR PLANNER SUBJECT: MEYER ADDITION, BLACK CANYON INN VARIANCE REQUEST Enclosed please find a Board of Adjustment Application for the above referenced property. This request was submitted by Petitioner Jim Sloan. It will be considered by the Board of Adjustment on Tuesday, January 4, 2000 at 8:00 a.m. in the Board Room (Room 130) of the Municipal Building, 170 MacGregor Avenue. Please submit any comments you may have regarding this request as soon as possible, but no later than Monday, December 27, 1999. ALSO, PLEASE SEND A COPY OF YOUR COMMENTS TO THE APPLICANT AT THE ADDRESS OR AGENT SHOWN BELOW. Estes Park Surveyors & Engineers P.O. Box 3047 Estes Park, CO 80517 FAX: 586-5816 Thank you for your comments. (970) 586-5331 • P.O. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK, CO 80517 • FAX (970) 586-0249 Memo Date: December 20, 1999 To; Bob Joseph Fee Gregory A. White RE: Board of Adjustment Variance Request — Meyer Addition, Black Canyon Inn -Sloan 1, No Comment. Board of Adjustment — Lot 32A1 White Meadow View Place Subdivision nnla. 1 The variance requests asks for a change in location of the unit density receiving area and placement of 5 units on the southern unit density receiving area and one on the new unit density receiving area. This request will need to be approved by the Board of Adjustment and if the Board of Adjustment does grant this request, the Development Agreement between the Town and JANCO will also need to be amended and approved by the Town Board. ESTES PARK SURVEYORS & ENGINEERS, INC. Post Office Box 3047 Telephone 970-586-5175 Estes Park, CO 80517 Receive FAX at 970-586-5816 December 14, 1999 W.O. 2520 Mr. Steve Stamey, Community Development Director Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Black Canyon Inn - Setback Variance Statement of Intent Dear Mr. Stamey: PROJECT LOCATION The above mentioned "C-O Commercial" property is located along MacGregor Avenue north of the US 34 bypass. The property is about 15 acres in size. The portion of the site that involves this application is along the north property line adjacent to the St. Bartholomew's Episcopal Church. The property address is 800 MacGregor Avenue. OWNER (S). LIENHOLDERS This property is currently in the name of James Sloan and Park National Bank is a lienholder. PROJECT DESCRIPTION Over the last 5 years, Mr. Sloan has been upgrading the property by removing old structures and constructing new accommodations units. He has completed 3 new buildings and a renovation of the conference / meeting rooms center. A new drive and several upgrades of utility mains and services have been completed. This project involves the construction of an additional accommodations building in the location of a current structure. The existing building will be relocated to the easterly side of the property and utilized for employee housing. The new building is proposed to be about the same size as the recently constructed buildings with the same entry and deck design. Although they are not large buildings, they are efficient and attractive structures The siting of the new building in this area needs to be sensitive to the large existing trees, the existing water line easement and the neighboring church. At this time, the church is about 13 feet from the property line and is oriented toward Longs Peak. On the Black Canyon Inn site, the existing building (to be relocated) is about 14 feet from the property line and it sets back to the east of the view now enjoyed by the church. December 14, 1999 W.O. 2520 Page 2 We have selected a location for the new building that preserves the church view to Longs Peak. However, to accomplish this goal we also need to place the building closer to the property line than the 25 feet required by the code. A water line on the south side of the building restricts the space available to move the building south. Also, as the structure moves further south, the land falls down toward the pond which would require that more of the building foundation be exposed to view. This would detract from the esthetics of the structure. This particular siting also protects the two very large pine trees to the east. The orientation selected for the building requires a setback allowance of 15 feet for one corner of the structure. At least this is a few feet further from the property line than the building that now exists in this location. The church has discussed this matter with Mr. Sloan and he is conveying additional information to them for their review. Initially, they indicated total agreement with the proposed building orientation and preservation of their existing views. Mr. Sloan will ask them to convey their comments to the Town in written form as soon as possible. If you require additional information or have any questions, please contact us. Respectfully yours, Estes Park Surveyors & Engineers, Inc. Paul M. Kochevar, P.E. & P.L.S. President cc: Jim Sloan BOARD OF ADJUSTMENT The BOARD OF ADJUSTMENT meets at A.8:00 AM. on the first Tuesday of each month (as needed), in the Board Room (Room 103) of the Municipal Building. This is a petition for a variance of the zoning ordinance. It must be on file at the office of the Building Official, Town of Estes Park, twenty-one (21) days prior to the Board of Adjustment meeting. A fifty Dollar ($50.00) fee to cover cost of processing appeals and requests for variances shall accompany the application. Checks should be made payable to TOWN OF ESTES PARK. All variances granted by the Board of Adjustment shall become null and void if a building permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. It is understood that only those points specifically mentioned are affected by action taken on this appeal. The Petitioner or Representative should be present at the Board of Adjustment meeting. Your Application must include a site plan, drawn at a scale of 1" = 20' and include the following: Property lines with dimensions, all structures, trees, rock outcroppings on the lot, topography, edge of street traveled way, adjacent structures within 100' of the lot boundaries, and any other pertinent information. Address of Lot or Tract :800 MacGregor Avenue Legal Description : Lot Block Tract Subdivision Meyer Addition (see attached) OWNER'S NAME: Jim Sloan Phone No. 970-586-2684 Owner's Address: 1261 Devils Gulch Road, Estes Park CO 80517 Number Street Box # City State Zip PETITIONER'S NAME: Estes Park Surveyor's & Engineers, Inc. Phone 586-5175 Petitioner's Address: P.O. Box 3047, Estes Park CO 80517 Petitioner is (check one) Owner XX Lessee Agent SPECIFIC VARIANCE DESIRED: - Section - 17.20.040 (b)(1)b setback variance STATE WHY IT IS NOT PRACTICABLE TO COMPLY WITH THE ORDINANCE : SEE ATTACHED NAMES and MAILING ADDRESSES OF ALL ADJACENT PROPERTY OWNERS (within 100 feet, excluding right-of-way). Use separate sheet if necessary. SEE ATTACHED PETITIONER: % �., DATE: /Z / T ignature Date and ,t me/of Board of Adjustment Meeting: u milk 14110 D f (off(ce use only) �'1 Lot 1, MOUNT VIEW PARK AND A PORTION OF MEYERS ADDITION to the Town of Estes Park, Colorado, the entirety of which is described as follows: Commencing at the East Quarter corner of Section 24, Township 5 No'-th, Range 73 West of the 6th P.M., thence South 66'27' West a distance of 1607.50 feet to a point on the North line at the Stanley Addition to the Town of Estes Park; thence North a distance of 135.00 feet to the Northeast corner of the tract described in Book 1433 at Page 116 of the Larimer County records and the TRUE POINT OF BEGINNING; thence North a distance of 359.50 feet; thence North 88'46' West a distance of 318.60 feet; thence Nc. th 63' 08' West a distance of 60%10 feet; thence North 04.01' 'lest a distance of 268.40 feat; thence South 89'01' West a distance of 254.50 feet; South 72 °31' West a distance of 144.90 feet to the Northeast corner of the Bishop and Diocese of Colorado Prope ty; thanes the following three courses and distances along the perimeter of the Bishop and Diocese of Colorado Property; thence South 15'52' East a distance of 96.85 feet; thence 'outh 31.01' West a distance of 123.85 feet; thence South 85°06' West a distance of 332.26 feet to the Easterly right of way line of MacGregor Lane; thence South 15° 07' West a distance of,.508.40 feet along the Easterly right of way of MacGregor Lang, to the Northwest corner of Rock Acres Addition to the Town of•Estes Park, Colorado; thence South 88'19'47" East a distance of 102.72 feet along the North line of Rock Addition to the Southeast corner of Mount View Park; thence South 88'37'35" East a distance of 461.31 feet along the North line of Rock Acres Addition; thence North 34'22' East a distance of 224.00 feet; thence South 88'46' East a distance of 170.00 feet; thence South 0.'14' West a distance of 187.88 feet to the North line of the Stanley Addition; thence South 88'46' East a distance of 196.46 feet along the North line of the Stanley Addition; thence the following two courses and distances along the perimeter of the tract described in Book 1433 at Page 116 of the !arbiter County Records; thence North a distance of 135.00 feet; thence South 88' 46' East a distance of 232.00 feet to the TRUE POINT OF BEGINNING. All bearings are relative to the East line of the Southeast Quarter of said Section 24 as bearing North 00'05' West EXCEPT portions thereof described as follows: Beginning at the Southeast corner of the Meyers Addition t 'Alf, Toe"+ " • : lark, wnlcn b• ^- roUth 66'27' West 1607.5 feet from the Last Quarter uvr►►er of Section 24, Township 5 North, Range 73 West of the 6th P.H., thence North 76' 33'15" West 383.8 feet to an iron pipe in concrete, thence North 31'38' 20" West 240.66 feet to an iron pipe in concrete, thence South 59'21' West 14.90 feet to the TRUE POINT OF BEGINNING, thence South 88'20' West 110.00 feet thence South 01'40' East 55.0 feet, thence North 88'20' East 110.00 feet, thence North 01' 40' West 55.0 feet to the TRUE POINT OF BEGINNING. ALSO: Beginning at the Northeast corner of the above described parcel, thence North 88'20' East 60 feet, thence South 01'40' East 30 feet, thence South 88'20' West 60 feet, thence North 01'40' West 30 feat to the Point of Beginning, County of Larimer, State of Colorado. MAILING LIST Eight Hundred Rockies, Inc. P.O. Box 2960 Estes Park, CO 80517 Patricia Ann Wedan P.O. Box 3743 Estes Park, CO 80517 Lawrence and Jodi Wright 28277 Deguindre Madison Heights, MI 48071 Stanley Hotel & Conference Center 333 Wonderview Ave. Estes Park, CO 80517 MacGregor Ranch Museum & Office P.O Box 4675 Estes Park, CO 80517 Charlotte Lloyd 341 Honesteader Ln. Estes Park, CO 80517 Terrence Tice 351 Prospector Ln. Estes Park, CO 80517 Stephanie Lafollette P.O. Box 447 Estes Park, CO 80517 Betty Whiteside P.O. Box 152 Estes Park, CO 80517 Don Leonard P.O. Box 26 Estes Park, CO 80517 Frank J. Normali 222 W. Magnolia St. Fort Collins, CO 80521 Dale Olhausen 3521 W. Eisenhower Blvd. Loveland, CO 80537 Overlook Partners No. 1, LTD P.O. Box 1767 Estes Park, CO 80517 St. Bartholomew's Episcopal Church P.O. Box 1559 Estes Park, CO 80517 Harold Edmundson 340 Homesteader Ln. Estes Park, CO 80517 Roland Claassen 702 West 8th Newton, KS 67114 John Nichol 350 Prospector Ln. Estes Park, CO 80517 Geraldine Boyd 861 Big Horn Estes Park, CO 80517 Ellen Smith 824 Park Ave. Fayetville, AR 72701 Zoning Section 17.20.040 approved through the development plan review process. No parking, loading, refuse containers or storage shall be located within ten (10) feet of the high water line. (3) Other property line setbacks where abutting a single or multifamily residential or estate district: ten (10) feet. (See Section 17.24.020 for planting requirements in dis- trict boundary setbacks.) (4) Other property line setbacks for other cases: none required, provided that building code requirements are met. (b) All other districts. (1) Property line setbacks. A building setback must be provided from the street or property line as follows: a. From the street line, twenty-five (25) feet in the E, R-M, C-O and C-H districts; and in the R-S district there shall be a twenty -five-foot setback from an arterial street and fifteen -foot setback from all other street lines; b. From side lines in the E district, twenty-five (25) feet; in the R-S and R-M districts, ten (10) feet or twenty-five (25) feet when the side line abuts the E district; in the C-O and C-H districts, fifteen (15) feet or twenty-five (25) feet when the side line abuts the E, R-S or R-M districts; c. From rear lines in the E district, twenty-five (25) feet; in the R-S district, fifteen (15) feet or twenty-five (25) feet when abutting the E district; in the R-M district, ten (10) feet or twenty-five (25) feet when abutting the E district; in the C- O and C-H districts, fifteen (15) feet or twenty-five (25) feet when abutting the E, R-S or R-M districts. 17-22 (2) River setback. A thirty-foot build- ing setback is required from the high water line of the Big Thompson and Fall Rivers, and a ten -foot building setback is required from the high water line of any other river or stream. However, no river setback shall be required to exceed twenty percent (20%) of the distance to the opposite lot line. No park- ing, loading, refuse containers or storage shall be located within ten (10) feet of the high water line of any river or stream. (3) Corner setback. No essentially opaque fence, landscaping, wall or free- standing sign shall be maintained between three and one-half (31/2) and eight (8) feet above grade within one hundred (100) feet of the intersection of street centerlines. (4) Setbacks on special review. For multifamily development, "bonused" subdi- visions or other residential development subject to special review, there shall be a thirty-foot buffer on the perimeter of the property being developed, to be kept free of buildings, structures and parking areas and must be landscaped, screened or protected by natural features so that adverse effects on surrounding areas are minimized In such cases, required setbacks from property lines internal to the development may be reduced if approved by the Board of Trustees. (5) Zero lot line development. Any side yard on a lot eligible for reduced area under Subsection (6) below may, on special review by the Board of Trustees, be reduced to zero (0), provided that the following are complied with: a. In the E and R-S districts, the opposite yard must equal at least twenty percent (20%) of the lot width; ST. BARTHOLOMEW S CHURCH EXISTING VIEW DIRECTION FROM CHURCH WINDOWS TO LONGS PEAK / / / / / ^�7 i < / / 13' EXISTING BLDG. SETBACKOUND SCALE 1"=40' g' pROPO SE RE BU)G. SETBACK BLDG REM) _ Ci BL / .'STAIRS TO UPPER LEVEL EXISTING BUILDING PROPOSED BUILDING. 30" CAo I rt — -- EXISTING TOWN WATER MAIN EASEMENT �� /% j , EXISTING CONC. WALK 1/2 REBAR /\ / \ / \ DOSING DRIVE AND PARKING 1 1 1 1 1 1 FOUND 1/2 REBAR IN CONC. 1 I I I r PARK SURVEYORS & ENGINEERS, INC.1999 3047 FIRST NATIONAL BANK BLDG COLORADO SUITE 204 (970) 586-5175 © ESTES P.O. BOX lAIts PARK, 80517 PROJECT: SETBACK VARIANCE DATE: DEC. D 14, 1999 JIM SLOAN P.O. BOX 933 ESTES PARK, CO 80517 (970) 586-2158 SHEET: 1 OF: 1 PROJECT NO: 2520