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HomeMy WebLinkAboutMINOR MODIFICATION Retaining Wall 3501 Fall River Rd 2016-03-023501 Fall River Road nor Modification Request 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 DATE: March 9, 2016 REQUEST: A request by Darell Amelang for a Minor Modification up to 10% from the 12-foot maximum allowance for raising or lowering a site's original grade. LOCATION: 3501 Fall River Road APPLICANT/OWNER: DareII Amelang (Della Terra, LLC) STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION: The applicant is requesting a Minor Modification to EVDC Section 7.2.B.2.b Grading And Site Disturbance Standards: Limits On Changing Natural Grade to allow a retaining wall for a driveway to exceed the 12-foot maximum for lowering or raising natural grades. The proposed retaining wall is 13-feet in height. Staff has the authority to grand Minor Modifications from General Development and Zoning District Standards if the modification is under 10%. REVIEW CRITERIA: In accordance with Section 3.7.A.2.a of the EVDC, afl appiications for Minor Modifications shall exhibit "practical difficulties" as defined in Section 3.6.C2: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: The property may continue to be used as an accommodations use and the driveway may continue to operate in its current design. b. Whether the variance is substantial; Staff Finding: The Minor Modification falls within the 10%© limit set by the EVDC. The retaining wall will rise 1-foot above the 12-foot maximum allowed for raising or lowering original grade. Staff finds that this modification to the standard 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; StaffFinding: The essential character of the neighborhood would not be substantially altered and the adjoining properties would not suffer a substantial detriment. The existing drive is located far enough from the road or adjacent properties to where it is not seen. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Staff Finding: The Minor Modification would not adversely affect the delivery of public services. e. Whether the Applicant purchased the properly with knowledge of the requirement; Staff Finding: Della Terra Mountain Chateau was built after the adoption of the EVDC. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A large expansion of the driveway would require a retaining wall. The proposed expansion requires the wall to be 13-feet in height. A smaller expansion would not require a 13-foot wall. This specific development proposal could not be achieved without a variance to allow for a 13-foot wall. STAFF DETERMINATION: Based on the foregoing, Staff has APPROVED the requested Minor Modification CONDITIONAL TO: . A building permit shall be submitted for the retaining wall, LAPSE: Failure of an Applicant to apply for a building permit and commence construction or action with regard to the minor modification approval' within one (1) year of receiving approval of the minor modification shall automatically render the decision of the Staff null and void. ATTACHMENTS: 1. Application 2. Site plan 3501 Fall River Road — Minor Modification Page 2 of 2 ESTES VALLEY DEVELOPMENT REVIEW APPLICATION ub itta Date: Type of Application Development Ran Special Review Rezoning Petition Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat General Information Project Name Project Description Project Address Legal Description Parcel ID # te Informatkn Lot Size Existing Land Use Proposed Land Use Existing Water Service - Town > Well Proposed Water Service Town Well Existing Sanitary Sewer Service EPSD Proposed Sanitary Sewer Service EPSD Is a sewer lift station required? Existing Gas Service X Xcel Existing Zoning Proposed Zoning Site Access (if not on public street) Are there wetlands on the site? Yes 'X No Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Extension y Other: Please specify r) r, Area of Disturbance in Acres Condominium Map Preliminary Map Final Map Supplemental Map None Other (specify) None Other (specify) UTSD UTSD Yes r No Other F None Site staking must be completed at the time application is submitted. Complete? Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Attachments Application fee Statement of intent 3 copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan d" () r\ 3 A' Applicant le" I 2,111, Septic None Septic Consultant/Engineer Digital Copies of plats/plans in TIFF or PDF tormat emailed to planning@estes.org Pease review the Estes Valley Development Code Appendix B for additional submittal requirements, which ay include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, ildfire hazard mitigation report, wetlands report, and/or other additional information. own of Estes Park P.O. Box 1200I/O MacGregor Avenue tisos Park,. CO 805.17 Community Development! Department Phone: (970) 57/-3721 Fax: 1970) 586-0249 www .esfes.org/CommunityDeve.dopment X Revised 2013.08.27 KT APPLICANT CERTIFICATION lo- I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. o~ In submitting the application materialsand signing this application agreement, I acknowledge and agree that the apphcation is subject to the applicable processing and public hearing requirements set forth inthe Estes Valley Development Code (B/DC) m~ | acknowledge that | have obtained or have access Uothe EVDC, and that, prior 0nfiling this app�icodmn. | have had the opportunity to consult the re�vant provisions governing the processing of and decision on the appHcation, The Estes VaHeyDevelopment Code ieavai|ob�eonline at: http�Vvmxwv.oute».nrq/C#OODev/DevCode 10~ I understand that acceptance of tNs application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application �s complete under the applicaNe requirements of the EVDC N~ 1 understand that this proposal may be delayed in processing by a month or more if the information provided ia incomplete, inaccurate, or submitted after the deadline date. 0- 1 understand that a resubmittal fee will be charged if my application is �ncomplete, �'The Community Development Department will notify the applicant inwriting of the date on which the application is determined to be complete. P-|grant permission foxTown ofEstes Park Employees and P�ainninq Comm�ssioncrs with proper identification access to nnyproperty during the review cfthis application. I* I acknowledge that I have received the Estes Valley Development Review Application SchedWe and that failure to meet the cleadlines shown on said schedule may result in my application or the approval of my application becoming null and void, I understand that full fees will be charged for the resubmittal of an application that has become null and void 'Names: Record Owner FLEASEFRfNT Applicant PLEASEPRINT Signatures: Record Owner AppHcant Rev�uod 2013z8.2/m 12786 Della Terra 1,1.,C 3501 Eal0 River Road Fs IW.; Park, CO 8051? 01?0) 586-2501 PAY TO THE ORDER Or Town of Estes Park First National Bank (SOW 482,7771 www. hotogtiomabank .com 82-26/1070 Fop riuor NrAt.im, tn. kIZAIN, 1 0 .42 t'a2 one Hundred and 00/100,--,,,,—***.....,*********.***.—*,,,,*************,—*******"..******..*********4,,_DOLLARS v. MEMO Town of Estes P 0, Box 1200 170 MacGregor Ave Estes Park, CO 80517 Devel. Review Fee n.0 12713En. 1:10700D 2r, 21: GOODBOLIcicin. Della Terra LLC Town of Estes Park First National Bank Ch Devel. Review Fee 3/1 —100 00 AU-11.1C)RIZED SIGNA11.1RE 12786 3/1/2016 Review Fee for driveway retaining wall 100.00 100 00 ti ,8] ,8 3 3 3 A . A tone as. laWas maa Wm, W.,. 4, tmaa.m. am. Wm dew.. - 91. V hop wH O ptrd 71W1 IONAWIRS 3,10.131.13,63NID V.%NO a+aa L' 133. 211.10bd •3Nor.X.1.111FdrddN1— (03,,ocoN,NodeNtvNQ dod No 3NV >001B JO ADYR , \=e 11' Al, MAP (.11,30-LI1,42.1115 veum P.11 4.. in no. M.4"11,11, ..(1(1,01 go 9 3 3 '33