HomeMy WebLinkAboutVARIANCE 217 Big Horn Dr Setback 2013-09-10____
217 Big Horn Drive
Setback Variance Request
Estes Park Community Development Department,Planning Division
I Room 230,Town HaIl,170 MacGregor Avenue
PC Box 1200,Estes Park,CO 80517
Phone:970-577-3721 Fax:970-586-0249 www.estes.org
E5TEs VALLEY BOARD OF ADJUSTMENT
MEEETING DATE:
September 10,2013
REQUEST:
This request is for a variance from
the Estes Valley Development Code
(EVDC)Section 4.3,Table 4-2,which
requires buildings and accessory
structures be setback a minimum of
10 feet from the side property line in
the RM Multi-Family zone district.
The Applicant requests to encroach
five (5)feet into the setback to
construct a new deck.
LOCATION:217 Big Horn Drive
APPLICANTIOWNER:Mary Lambert/Owner,Steve Randall,Contractor
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.
REFFERAL AND PUBLIC COMMENTS:This request has been routed to reviewing
agency staff and adjacent property owners for consideration and comment.A legal
notice was published in the Trail Gazette.
Affected Agencies.No concerns expressed during review.
Public.As of September 3,2013,staff has not received comments from the public.If
comments are received they will be posted at vww.estes orQ/CurrentAplications for
Planning Commission review.
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:The home is partially located within the side setback.
According to the Larimer County Tax Assessor,this single-family home
was built in 1939 and is legally nonconforming to current setback
standards.
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.
b.Whether the variance is substantial;
Staff Finding: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.Nearby homes are
generally the same size or larger,with some having decks similar in scope
to the one proposed.Adjoining properties would not suffer a substantial
detriment as a result of this variance.The nearest property is a residential
dwelling approximately 23 feet to the south.
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;.
217 Big Horn Drive Setback Variance Request Page 2 of 3
Staff Finding:According to the Larimer County Tax Assessor,the
applicant purchased the property in late 2011 after the adoption of the
current setback requirements.
f.Whether the Applicant’s predicament can be mitigated through some method
other than a variance.
Staff Finding:A variance appears to be the only practical option to
construct a functional deck.
3.If authorized,a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding:The functionality of the proposed deck may be limited if built
outside of required setbacks.
4.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.Staff can determine compliance with the variance without
a setback certificate.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the requested variance CONDITIONAL TO:
1.Compliance with the approved site plan.
SUGGESTED MOTIONS
I move to APPROVE the requested variance with the findings and conditions recommended by
staff.
I move to DENY the requested variance with the following findings (state reason/findings).
217 Big Horn Drive Setback Variance Request Page 3 of 3
Front house view from Horn Drive.
Front house view.
.
217 Big Horn Drive Setback Variance Request Photo Attachment
Site of proposed deck.
View of northwest neighbor from area of proposed deck.
217 Big Horn Drive Setback Variance Request Photo Attachment
View of southern neiahbor from area of proposed deck.
.
Site of proposed deck.
217 Big Horn Drive Setback Variance Request Photo Attachment
I OWN or ES I ES IAR
U11U11&RJBUCWOR<S)MMB’.JTS
Final view -Metes&Bounds parcel located at 217 Big Horn Dr —
Lambert lsidence Variance
DATE August 30,2013
DHAR11v1B\JT:Town of Estes Park Water Department
STAFF)NTACF:Water SJperintendent,ff Boles,jbolescestes.org,970-577-3608
COMM BiT:The Water Division has no specific concerns with this deck addition.The
owner should be advised that if the new deck is over or near the water service,we
would strongly discourage this project,but as the service line is privately owned,it is at
their own discretion.
D8ARTMB\1T:Town of Estes Park Ught &Fbwer Department
STAFF OJ\ITACT:Une Sjperintendent,be Lockhart,ilockhartestes.or,970-577-3613
v1MBJT:Ught &Fbwer approvesthe application and hasno comments.
DARrMB\JT:Town of Estes Park R.jblic Works Department
SAFFODNTACT Cvii Engineer,Kevin Ash,F kashestes,ora,970-577-3586
This variance reque is for a proposed deck that would extend into the property line setback.
The house itself creates more set back issues than the deck.There are no public access or
drainage impactswith this reque.Pjblic Works does not have any concernswith this variance
and would recommend approval.
7129/13 Tow,of Eses Park Mail -RE:217 Big hon,!)r
g
____
5TES ...PARK
RE:217 Bighorn Dr
James Duell <jldepsd@qwestoffice.net>
To:pkleisler@estes.org
Hello Phil,
As per re’view of the riance request for 217 Bighorn DrNe,the Estes Park Sanitation District has no comment
on the request.The sewer service line for the property is not impacted by their request for the deck on the west
side of their house.
Thank you —Jim Duel!,Estes Park Sanitation District
45D
Jam Duell,Dtrict ManaQer
Estes Park Sanaf ion District
(970)596-2866
PhlI(Iei
Mon,Jul 29,2013 at 2:30 PM
r 1/1
.
Letter of Intention for Deck Construction at 217 Big Horn Dr.
Thank you for reviewing our deck project at 217 Big Horn Drive.We are applying for this
variance because our home sits strangely close to the North edge of our property line,18”to be exact.
We want to construct a cedar deck off our back door which would extent roughly 14 to 16 feet and be
approximately 12 to 14 feet wide.We would like to know about the possibility of constructing our deck
60”from the property line.This would be considered a 50%variance from our current setback.
We believe conditions exist with our house,lot and current project which when compared with
surrounding areas are not common.Since these conditions exist practical difficulty may result from
strict building set back compliance.Furthermore,the requested variance will not have any effect on the
closest neighbor,but rather the approved variance will allow the deck to be closer to the ground and
less visible.We strive to make this deck ascetic with the surroundings and complimentary to the
neighborhood.Thank you for your help with our very unique building situation.
Owner:Mary Alice Lambert
Builders:Steve Randall,Li Davis
dL0T
.
I®
September 10,2013
Steve Randall
PC Box 4406
Estes Park,CO 80517
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RE:Side-Yard Setback Variance Request
217 Big Horn Drive
Parcel Identification Number:35252-19-009
Dear Mr.Randall,
The Estes Valley Board of Adjustment reviewed the setback variance request for 217 Big
Horn Drive during their regularly scheduled meeting Tuesday,September 10,2013.At
that time,the Board of Adjustment voted unanimoUs CONDITIONAL APPROVAL.The
conditions of approval are:
1.Compliance with the approved site plan.
Site Verification
Per our discussion today,please email or call me when you plan to begin constructing
the deck.I will visit the site to confirm compliance with your site plan (5’from property
line).
Board of Adjustment Minutes
Board of Adjustment meeting minutes will be posted at www.estes.org approximately
one month following the meeting.Minutes will state whether the variance was
approved or denied and will list any conditions of approval.Staff recommends the
property owner keep a copy of the minutes for their records.
Null and Void
If the Estes Valley Board of Adjustment approves the variance,the property owner must
apply for a building permit and commence construction or action with regard to the
variance approval within one year of the approval.If this does not occur,the variance
automatically becomes null and void.
Please note that compliance with the approved plans is required.Any proposed
encroachments into the setback in the future will require an additional variance.
Approval of a variance does not permanently reduce the minimum required property
line setback.
170 MACGREGOR AVE.RO.lOX 1200 ESTES PARK,Co 80517 PH.970-586-5331 www.estes.Org
Mr.Randall
September 10,2013
Page 2 of 2
Should you have any questions or comments regarding this matter,please feel free to
contact me at 577-3725 at your convenience.
Respectfully,J
Phil Kleisler /
Planner l/Code Compliance Officer
Enclosures (1)
____
217 Big Horn Drive
Setback Variance Request
Estes Park Community Development Department,Planning Division
I Room 230,Town HaIl,170 MacGregor Avenue
PC Box 1200,Estes Park,CC 80517
Phone:970-577-3721 Fax:970-586-0249 www.estes.org
EsTEs VALLEY BOARD OF ADJUSTMENT
MEEETING DATE:
September 10,2013
REQUEST:
This request is for a variance from
the Estes Valley Development Code
(EVDC)Section 4.3,Table 4-2,which
requires buildings and accessory
structures be setback a minimum of
10 feet from the side property line in
the RM Multi-Family zone district.
The Applicant requests to encroach
five (5)feet into the setback to
construct a new deck.
LOCATION:217 Big Horn Drive
APPLICANTIOWNER:Mary Lambert/Owner,Steve Randall,Contractor
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.
REFFERAL AND PUBLIC COMMENTS:This request has been routed to reviewing
agency staff and adjacent property owners for consideration and comment.A legal
notice was published in the Trail Gazette.
Affected Agencies.No concerns expressed during review.
Public.As of September 3,2013,staff has not received comments from the public.If
comments are received they will be posted at www.estes.org/CurrentApplications for
Planning Commission review.
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:The home is partially located within the side setback.
According to the Larimer County Tax Assessor,this single-family home
was built in 1939 and is legally nonconforming to current setback
standards.
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.
b.Whether the variance is substantial;
Staff Finding: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.Nearby homes are
generally the same size or larger,with some having decks similar in scope
to the one proposed.Adjoining properties would not suffer a substantial
detriment as a result of this variance.The nearest property is a residential
dwelling approximately 23 feet to the south.
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;
217 Big Horn Drive Setback Variance Request Page 2 of 3
Staff Finding:According to the Larimer County Tax Assessor,the
applicant purchased the property in late 2011 after the adoption of the
current setback requirements.
f.Whether the Applicant’s predicament can be mitigated through some method
other than a variance.
Staff Finding:A variance appears to be the only practical option to
construct a functional deck.
3.If authorized,a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding:The functionality of the proposed deck may be limited if built
outside of required setbacks.
4.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.Staff can determine compliance with the variance without
a setback certificate.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the requested variance CONDITIONAL TO:
1.Compliance with the approved site plan.
SUGGESTED MOTIONS
I move to APPROVE the requested variance with the findings and conditions recommended by
staff.
I move to DENY the requested variance with the following findings (state reason/findings).
217 Big Horn Drive Setback Variance Request Page 3 of 3
Front house view.
“,.k’:
217 Big Horn Drive Setback Variance Request Photo Attachment
Site of proposed deck.
sc.
View of northwest neighbor from area of proposed deck.
217 Big Horn Drive Setback Variance Request Photo Attachment
Site of proposed deck.
217 Big Horn Drive Setback Variance Request Photo Attachment
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From:Phil Kleisler
To:"Steve Randall"
Subject:Site Visit
Date:Monday, September 30, 2013 3:46:06 PM
Steve,
I visited 217 Big Horn Drive and verified that the staking was 5’ from the property line. Best of luck
with the deck and please don’t hesitate to call/email if you need anything.
Phil Kleisler
Planner I/Code Compliance Officer
Town of Estes Park, CO
970.577.3725