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HomeMy WebLinkAboutVARIANCE Minimum Lot Size 915 Moraine Ave 2016-12-06 915 Moraine Ave. Lot SizeVariance 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:December6,2016, 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 4-2 Base Density and Dimensional Standards Residential Zoning Districts. The variance would allow anewly created lot to be 14,591 SFin size in lieu of the 40,000 SF required minimum lot size in the CO (Commercial Outlying) zone district. The purpose of the variance is to amend the plat to remove an internal lot line from passing directly through a built structure. Staff recommends approval. LOCATION: 915 Moraine Ave., within the Town of Estes Park VICINITY MAP:See attachment APPLICANT/OWNER:Flatirons Hospitality, LLC/ same as applicant STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a varianceto allow anewly created lot to be 14,591 SF in size in lieu of the 40,000 SF required minimum lot size in the CO (Commercial Outlying) zone district. Currently, the lot is approximately 22,639 SF in size which is legally non- conforming for this zone district. CO lots that front Arterialstreets are required to be a minimum of 40,000 SF in size.The subject lotis developed with the Sundeck Restaurant and half of a building belonging to the Alpine Trail Ridge Inn. This Variance application is one of three applications running concurrently for this area. An Amended Plat application and Re-zoning application have also been submitted. The Amended Plat aims at cleaning up the area by re-platting the existing six non-conforming lots into two legal lots. The existing lots cross throughmultiple buildings which creates difficulty when re-developing property.The boundary adjustment for the subject lot also entails a re-zone. The Alpine Trail Ridge building would be split zonedA and CO. The re-zone will appropriately zone the entire west lot to A-Accommodations if approved. Of the two resulting lots, the easternlot (subject lot) will decrease in size from approximately 22,639 SF to 14,591 SF. The property boundaries will no longer cross through the Alpine Ridge Inn building. The proposed decrease below the minimum SF requirement has prompted the need for a Variance. 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. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to surrounding property owners. A legal notice was published in the Trail Gazette. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comment in regards to this application. 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 property is zoned CO (Commercial Outlying) which requires a minimum lot size of 40,000 SF because it is fronting an Arterial street (Moraine Ave). Currently, there are six legally non- conforming lots in the area. See Figure 1. The Amended Plat application proposes to adjust boundary lines with an Figure 1: Six separate lots cross over existing buildings. Subject property end result being two legal located at eastern end of area. lots. See Preliminary Plat map. The existing boundary lines cross through multiple buildings and create challenges with building setbacks and permitting. The goal for this area is to clean up the lot lines. A Variance is needed to reduce the minimum lot size requirement from 40,000 SF to the proposed 14,591 SF. A Variance is the only mechanism to achieve this. Reducing a lot size has its downfalls such as limiting future development and potential setback issues, but it also has its benefits, especially for a situation like this. Having property lines cross through a building is very challenging when trying to re-develop a site. Building setbacks are measured from every platted lot line. Any addition to a building would require a Variance to the setback. 915 Moraine Ave. Lot Size Variance Page 2 of 5 Staff finds that the unusual triangular shape of the lot and unique situation of property lines crossing through a building pose a tremendous hindrance to re-development. Staff fully supports cleaning up the land-use dysfunctionality in this area and recommends approval of the requested Variance. 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 property can remain with its current configuration of lots. This would mean that any future building permit for any building with a property line running through it would need to seek a Variance to setback requirements. Also, lots could not be individually sold off to a separate owner if a building straddles two separate lots. The Amended Plat aims at cleaning up this entire area by creating two legal lots with no property lines crossing through a building. It is not practical in any way to continue with this situation. The Amended Plat is the best course of action to remedy the problems. The end result will be one undersized lot, but this lot will have the ability to re-develop and be under a separate owner. b. Whether the variance is substantial; Staff Finding: Staff does not find this request to be substantial considering the situation. The goal is to bring the area closer to conformance. 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 property is already built out. Reducing the lot size has zero impact on the neighborhood. 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. The Amended Plat process will require easements for mains and service lines crossing property boundaries. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: It is unclear whether the applicant purchased the property knowing that it was six separate lots, each with setback and lot size requirements. It is unlikely any owner would have known that reducing a lot size would require a Variance. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. 915 Moraine Ave. Lot Size Variance Page 3 of 5 Staff Finding: Adjusting the property boundary to remove the internal lot line from the building requires a Variance. That is the only option in order to create a separate lot for the Sundeck Restaurant. The entire area could be contained within one lot but that would mean that the restaurant and motel uses could not be separately owned. 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: It is common to find non-conforming lots in the Estes Valley but it is uncommon to find property boundaries crossing through a building, especially with two different zone districts. 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: The project area is going from six lots to two. The entire project is aiming at reducing non- conformities and to clean up the area. 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 for the proposal but other options do exist. They involve creating one single lot for the entire area. This would require a re-zoning and would rationalize the two businesses in one ownership. 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 Finding: Staff is not recommending any conditions at this time. Any easements, access agreements, etc. will be addressed through the Amended Plat and Re-zoning process. 915 Moraine Ave. Lot Size Variance Page 4 of 5 STAFF RECOMMENDATION:Staff recommendsAPPROVALof the requested lot size variance SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings 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. Preliminary Amended Plat 5. Final Amended Plat 915 Moraine Ave. Lot Size Variance Page 5 of 5