Loading...
HomeMy WebLinkAboutVARIANCE RiverSetback 1147 Fish Creek Rd 2016-10-04 1147 Fish Creek RoadStream CorridorSetback Variance 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 E STES V ALLEY B OARD OF A DJUSTMENT MEETINGDATE& LOCATION:October4, 2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section 7.6.E.1.a.(1)Buffer/Setback Areas: Stream or River Corridors. Building/Structure Setbacks.The variance would allow ahome destroyed in the 2013 flood to be rebuilt within the temporary 30-foot stream corridorsetback.The new Staff is recommending approval LOCATION:1147 Fish Creek Road, within the Town of Estes Park VICINITY MAP:See attachment APPLICANT/OWNER:Mike Olson / Charles and Nancy Wilson STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a variance to allow for a home destroyed in the 2013 flood to be rebuilt within the temporary 30-foot stream corridor setback. The new setback The previous home was not located within the 30-foot stream corridor setback pre-flood. During the flood event, Fish Creek shifted its course to the east, which resulted in the home being destroyed due tothe streambank beingundercutadjacent to the structure. At the time of the2013flood, the home was demolished and not immediately rebuilt. The applicant wishes to construct a new home at this location that would be located farther east from the previous home. Because the creek channel shifted east, the 30-foot setback also shifted east. The new home location is within the present-day 30-foot stream corridor setback. Fish Creek will be realigned as part of the Fish Creek Road Public Infrastructure Project, which will be finished by September 2017. Channel restoration and streambank stabilization will occur in the Stonebridge reach of Fish Creek. To date, 90% design plans for the project are publicly available which include the realignment, stabilization and restoration plans for Fish Creek. The applicant (Vision Construction) used the realigned Fish Creek proposal to determine a new building footprint that would be outside of the 30-foot stream corridor setback. Until that realignmentoccurs inSeptember 2017, the new home will be located within the current 30-foot stream corridor setback. This Variance application is a result of the post-flood stream channel shift and new 30-foot setback location. REVIEW CRITERIA: VDC, 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. STREAM OR RIVER CORRIDORS: Building/Structure Setbacks: Stream Corridors (except in the CD zoning district). All buildings and accessory structures shall be set back at least thirty (30) feet horizontally (plan view) from the annual high-water mark of stream corridors, or if not readily discernible, from the defined bank of the stream. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to thirteen (13) surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. The memos are included as part of this staff report packet. Community Development Department, CFM Environmental Planner memo dated September 2, 2016) Upper Thompson Sanitation District memo dated September 22, 2016 Public Comments. Staff has not received any public comment to date. Any public comments 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 impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The previous home located at 1147 Fish Creek Road was not built within the 30-foot stream corridor setback. During the flood event of 2013, Fish Creek shifted to the east which also shifted the setback requirement. The shift was approximately 20-25 feet east. The footprint location for rebuilding the home at this address is now greatly affected by the newly established setback. Strict compliance with Code standards would prevent the home to be rebuilt at this address, even though the home is proposed to be build farther east than the previous home. The new creek alignment associated with the Fish Creek Road Public Infrastructure Project is proposed to be completed by September of 2017. This would eliminate the need for a setback Variance as the setback will again shift westward towards the original Fish Creek alignment. Staff believes this Variance would be a temporary Variance as the encroachment would only take place until the new alignment is complete. The special circumstance found at 1147 Fish Creek Road Page 2 of 4 Variance from 30-foot stream corridor setback this property is extremely unique to the Estes Valley. The home lost during the 2013 flood was the only structure deemed a total loss. 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: Building the same size of home as the previous one outside of the current stream corridor setback would not be practical. It would involve eliminating the driveway. The post-flood creek alignment reduces the buildable area by approximately 20-25 feet. The applicant has proposed moving the structure farther east than the previous building. b. Whether the variance is substantial; Staff Finding: The variance is substantial in that it would allow a building to encroach up to 80% into the setback. Since the setback is deemed temporary, Staff does not feel the request is substantial in developmental impacts. The applicant has proposed flood mitigation efforts such as; designing the basement floor to be 1-foot above the Base Flood Elevation level as well as sinking the west foundation wall into the bedrock and other basement foundation walls being placed on piers. The footprint of the proposed home is within the current FEMA floodplain boundaries and will require a floodplain development permit prior to issuance of a building permit. It is uncertain whether the building will be within the remapped 100-year floodplain, which will not be finalized until 2017. 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 character of the neighborhood would not be substantially altered with this proposal. The previous home was built farther west from this proposal. This Variance would allow the home to be rebuilt on the property at the requested location. The adjacent property to the south is currently within the 30-foot setback as well. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The home was built in 2011 and was located entirely outside of the 30- foot stream corridor setback. Post-flood, the setback shifted and created a more difficult site to build on. The owner could not have foreseen this situation taking place. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Building the exact home footprint outside of the current setback is not possible without a Variance. The driveway would need to be eliminated and the home would not be consistent with the neighborhood. A Variance is the only method available to mitigate this predicament. 1147 Fish Creek Road Page 3 of 4 Variance from 30-foot stream corridor setback 3. No variance shall be granted if the submitted conditions or circumstances affecting the the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions of this application are not general. They are very specific to this property, size and orientation. 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: No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: This variance would represent the least deviation from Code 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 variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Comment. Staff is not recommending any conditions of approval STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance No conditions of approval recommended SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). ATTACHMENTS: 1. Application 2. Vicinity map 3. Site plan 4. Fish Creek Road Public Infrastructure Project site plan 5. Architectural plans 6. Reviewing agency comments 1147 Fish Creek Road Page 4 of 4 Variance from 30-foot stream corridor setback