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Home My WebLink AboutVARIANCE Setback 471 MacGregor Ave 2003-04-01 DATE: April 1, 2003 REQUEST: A request by Blake and Susan Robertson for a variance from the 25-foot setback established for the “E-1” Estate district by the Estes Valley Development Code. LOCATION: 417 MacGregor, within the Town of Estes Park. SITE DATA TABLE: Parcel Number(s): 3524433164 Total Development Area: .41 acre Number of Lots: One Existing Land Use: S.F. Residential Proposed Land Use: Same Existing Zoning: “E-1” Estate (one acre minimum lot size) Adjacent Zoning- East: “RM” Multi-Family North: “E-1” Accommodations West: “E-1” Estate South: “E-1” Estate Adjacent Land Uses- East: Condominiums North: S.F. Residential West: S.F. Residential South: S.F. Residential PROJECT DESCRIPTION AND BACKGROUND: This is a request to build an attached two-car garage on a lot in Al Fresco Place, an unrecorded plat. There is an existing single-car garage located along the southern end of the house. The applicant proposes to convert the existing garage space into additional living area, and build an attached two-car garage between the existing structure and the southern property line. The new garage would have a property line setback of nearly 16-feet, which would violate the required 25-foot setback. Al Fresco Side Yard Setback Variance Request 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 RMNP Beaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS Page #2 –Robertson Side Yard Setback Request The existing house has approximately 1100 square feet of living area, plus approximately 300 square feet of garage area. The proposed garage would be approximately 880 square feet, which would meet the maximum allowed garage space as defined in the Estes Valley Development Code. REVIEW CRITERIA: In accordance with Section 3.6 C. “Standards for Review” of the EVDC, all applications for variances shall demonstrate compliance with the standards and criteria set forth below: 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 Comment: The lot, at .41-acres, is undersized for the “E-1” district, which has setbacks established for 1-acre lots. The setbacks that apply to lots sized ¼ to ½ acre would be a 10-foot side yard setback. In addition, the lot has an unusual shape that limits the developable area to the proposed location and one other area, located west of the existing house. 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 Comment: The property may continue as residential use. b. Whether the variance is substantial; Staff Comment: Because of the potential removal of two mature trees, Staff considers this request 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 Comment: The proposed location would most likely involve the removal of two significant trees. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Staff Comment: Not applicable. Page #3 –Robertson Side Yard Setback Request A B e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Comment: The applicant has owned the property since before the adoption of the EVDC, when the property was zoned “E” Estate and had identical side yard setbacks. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Comment: The applicant could build the garage elsewhere on the lot and meet the required setbacks (“A” below). This location would have the least amount of visual impact on the neighborhood because of the location behind the house away from MacGregor Avenue, and because of the hillside, which would require the garage to be built into the hillside, thus providing screening. In addition, this alternative would allow the preservation of two trees that would be jeopardized with the proposed location of the garage. This alternative would, however, require additional excavation work and more extensive foundation design. Alternatively, the applicant could maintain the existing garage as garage space, and build an expansion that would meet the setback requirements (“B” below). This location would allow for the 25-foot setback, and would preserve one of the trees that would most certainly need to be removed from this proposal (if not removed, the tree would sustain root damage). 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. Page #4 –Robertson Side Yard Setback Request Staff Comment: None. 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 Comment: Not applicable. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Comment: The Board should use their best judgment if the requested variance is the minimum that would 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 Comment: Not applicable. 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: Any vote of approval should include the following conditions: a. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. b. Compliance with the submitted site plan. c. The applicant shall contact Light and Power if the proposed garage will have more than convenience outlets and lighting. d. Section 7.3 “Tree and Vegetation Protection” shall apply to this proposal (this section establishes criteria for protection of trees during construction and the replacement of any significant trees removed during construction activities). REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all applicable reviewing agency staff for consideration and comment. At the time of this report, no significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Light and Power noted the applicant will “need to contact [L&P] if the proposed garage will have more than convenience outlets and lighting.” Page #5 –Robertson Side Yard Setback Request A neighbor, Steve Miller (448 Chiquita), phoned on March 25 to ask questions about this proposal. Mr. Miller was not opposed to the variance request, but was curious “what [he] needed to do?” Again, Mr. Miller was not opposed, just curious. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds: 1. The applicants, Blake and Susan Robertson, request a variance to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a side yard setback of 15-feet in lieu of the 25-foot setback required. The purpose of this variance request is to allow an attached two-car garage. 2. The site, located at 417 MacGregor Avenue, within the Town of Estes Park, has an unusual shape, and is undersized for the “E-1” district and associated building setback requirements. 3. This proposal would comply with the 15-foot setbacks required for the “E” district, which has a minimum lot size similar to the applicant’s lot. 4. The property may continue to be used for residential use. 5. Because of the potential removal of two mature trees, Staff considers this request substantial. 6. The proposed location would most likely involve the removal of two significant trees. 7. The variance would not adversely affect the delivery of public services such as water and sewer. 8. The applicant has owned the property since before the adoption of the EVDC. Before adoption of the EVDC, the property was zoned “E”, which had identical side yard setbacks. 9. Alternatives exist that would allow for compliance with long established setbacks. These alternatives would also have less visual impact on the neighborhood. 10. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Because alternatives exist that would allow for compliance with the required setbacks that would have less visual impact on the neighborhood and would preserve two significant trees, Staff recommends DISAPPROVAL of the requested variance. Page #6 –Robertson Side Yard Setback Request Should the Board vote to approve this request, Staff recommends to the following conditions apply: a. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. b. Compliance with the submitted site plan, which should be revised to show a driveway width not to exceed 30’ at the street line. c. The applicant shall contact Light and Power if the proposed garage will have more than convenience outlets and lighting. d. Section 7.3 “Tree and Vegetation Protection” shall apply to this proposal.