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HomeMy WebLinkAboutVARIANCE Setback 1545 Hummingbird Dr 2016-05-03 1545 Hummingbird Dr.-Setback 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:May3,2016, 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 4.3.C.4 Table 4-2Base Density and Dimensional StandardsResidential Zoning Districts. The variance would allow a22-foot front setback in lieu of the 50-foot requiredin the RERuralEstatezone district. The purpose of the variance is to allow for a detached garage to be built on the propertyin the current front setback area. Staff recommends approval. LOCATION: 1545 Hummingbird Drive, within the unincorporated Estes Valley. VICINITY MAP:See attachment APPLICANT/OWNER:Don Townsend STAFF CONTACT: Audem Gonzales, Planner I th PROJECT DESCRIPTION:This item has been continued from the April 5Board of Adjustment meeting. The Board determined there was not sufficient information to make a decision. The applicant has resubmitted updated plans showing elevations of the building as well as surveyed dimensions on the site plan for the new setback. This is a request to grant a variance to allow for a 22-foot front yard setback in lieu of the required 50-foot setback. The REzone district standards require a 50-foot front yard setback. The applicant is proposing to build a 704 sq. ft. detached garage entirely within the front setback. The proposed new front setback cannot be approved at astafflevel, therefore a variance has been requested. 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. REFERRALAND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 18surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No comments or concerns were received. Public Comments. Staff has received two written public comments in opposition of this variance request. Both letters are included as attachments to the packet. 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 ave the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property is zoned RE Rural Estate, which has a minimum setback on all sides of 50- feet. The lot is approximately 2.13 acres in size, which does not meet the 2.5 acre minimum lot size for the zone district. 50-foot setbacks are intended for much larger lots. The subdivision was platted in 1968, before adoption of the EVDC. Because of such steep slopes, platting subdivisions and lots today would require much larger lots to account for the slope. This plat was created before steep slope provisions, therefore lots were not required to be adjusted in size. Although this situation occurs in other subdivisions, staff believes it is still unique to the larger Estes Valley Development Code boundary area. The slopes on this site range from 20-40%. The buildable area outside of the 50-foot setbacks has an average of 35% grade. The home is located within the required setbacks near the road. The applicant is proposing to build the garage between the home and road, which would utilize the existing concreate drive. 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: The existing single-family use can continue but any addition to the home or additional building on the site will be determined by the setbacks. These building additions may occur on the site without a variance but the practical location for them may be hindered by the physical attributes of the land and setback requirements. The applicant has provided as part of the application a site plan that depicts the buildable area outside of the setbacks. Although the area is quite large, the garage would need to be further down the mountainside which is not a logical or practical location in relation to the home. b. Whether the variance is substantial; Staff Finding: The variance is substantial. The proposed garage would almost be entirely within the 50- foot setback. Local covenants require a 75-foot setback. The applicant was granted approval from the Little Valley HOA board to place the garage at this location. The HOA meeting was held in December of 2015. 1545 Hummingbird Dr. Setback variance Page 2 of 4 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 single-family character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). Two neighbors have provided written comment on this variance and are both in opposition of this request. Staff has conducted several site visits to this neighborhood and has found that several buildings are built within 75-feet of front property lines and some are built within 50-feet of front property lines. Whether or not this is due to the steepness of slope is unknown. 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 utility lines, drainage, or roads. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and was readily available to the public. The applicant purchased the property in 2014. RE zone district setback requirements and the HOA covenants were in effect at the time. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A detached garage could be built on the site at a different location that complies with the EVDC 50-foot setback and 75-foot covenant setback. This would involve professional engineering for steep slopes. Although it is not practical to locate the garage so far from the existing home, it could be accomplished. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: Building at this location has little effect on the neighbors and aims to make a practical decision in the placement of the garage. 4. 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 Finding: During the building permit process, a setback certification is required to verify the building placement reflects the proposed location in this variance application. 1545 Hummingbird Dr. Setback variance Page 3 of 4 STAFF RECOMMENDATION:Staff recommendsAPPROVAL of the requested variance CONDTIONAL TO: No recommended conditions 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). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. HOA email 5. Written comments 6. Site plan and elevations 1545 Hummingbird Dr. Setback variance Page 4 of 4