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HomeMy WebLinkAboutVARIANCE Home Occupation in accessory bldg 1765 Olympian Ln 2016-05-03 1765 Olympian LaneVariance–Home Occupation: Location 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 5.2.B.2.d(2) Home Occupations: Location. The variance would allow a Home Occupation to take place within a detached accessory building on a lot smaller than the required 1.5 acres. Staff is recommending approval for this variance LOCATION: 1765 Olympian Lane, within Town limits VICINITY AND SITE MAP:See attachments APPLICANT/OWNER:South and Kyri Cox STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION:This is a request to grant a variance to allowa Home Occupation to take place within a detached accessory building separate from the principal building. The Home Occupation is a handmade artisan wooden recurve and longbow business. The location for this business is 1765 Olympian Lane, within Town limits. The subject property is developed with a single-family home (~3,200 SF) and a large garage/shop building (~1,260SF). The lot is 0.81 acres in size and zoned E-Estate. The zoning district has a minimum lot size of 0.5 acres. 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. HOME OCCUPATIONS: LOCATION:Per EVDC Section 5.2, Home Occupations shall be integrated within the principal building in all zoning districts that allow home occupations. Except that on lots equal to or greater than one-and-one-half (1.5) acres in size, home occupations may be detached from the principal building. REFERRALAND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to eighteen (38) surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department “Current Applications” webpage. The site has been posted with a “variance pending” sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. The memos and emails from reviewing agencies are included as part of this staff report. Estes Valley Fire Protection District memo dated March 31, 2016 Public Comments. Two letters of support from nearby property owners have been received by staff. This letter is included in the Board of Adjustment’s packet for 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 site is 0.81 acres in size, which makes this lot one of the larger lots in the area. Most lots to the North and West are just over 0.5 acres in size. Properties to the East and South are mostly condominiums with several buildings located on a large parent parcel. The strict application of this Code only allows Home Occupations in accessory buildings to be located on lots at least 1.5 acres in size. This property is ~0.7 acres short of that requirement, therefore a variance is requested. The detached garage/shop was built in 2005 by a previous owner. The current owner purchased the property in June of 2015 with the intent to run his Home Occupation inside the garage/shop. The current owner was unaware of the 1.5 acre minimum for a home based business. Although the lot size is not unique to the area, having a detached garage/shop is. Out of 40 nearby lots, staff counted 4 lots having a detached garage/building. None of these accessory buildings would be eligible for a Home Occupation per the strict application of Code. None of these lots are 1.5 acres in size. 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 single-family home could contain the home occupation. Although, the applicant stated that he purchased the property to utilize the garage/shop area for his home based business. 1765 Olympian Lane Page 2 of 4 Variance from Home Occupation Location standard b.Whether the variance is substantial; Staff Finding: The variance could be viewed as substantial because the deviation from Code dimensional standards is at 46.6%. Essentially, the lot should be double the size to accommodate this use. 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: Home Occupations take place within a building. Since the garage/shop building is already built, staff doesn’t believe there will be an additional impact to the neighborhood with this proposal. Code states that a home occupation shall be conducted entirely within a portion of a building not within a required parking area. The accessory structure does not contain required parking area. There is an attached garage to the home and driveway that serve as the required parking area for the site. No home occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale or sold on the premises except by prior appointment. The applicant stated he receives 3-4 customers per year currently at his shop in Northern California. The proposed operation in Estes Park is to remain as an almost exclusively online business and ship products across the country and world. 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 EVDC was adopted in the year 2000 and was readily available to the public. The applicant purchased the home in 2015. Home Occupation regulations were in effect at the time. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: No Home Occupation can be located outside of the principal structure unless a variance is approved for this location. The applicant may operate his business inside the home. He stated he purchased the property in the hope of utilizing the already built garage/shop building. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A variance for this proposal is the only option to achieve the desired outcome. 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. 1765 Olympian Lane Page 3 of 4 Variance from Home Occupation Location standard Staff Comment. All home based businesses shall follow the rules and regulations for Home Occupations set forth in the EVDC which include performance standards and operating standards. Staff feels no additional conditions should be placed on this variance request. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance. 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. Site plan 5. Reviewing agency comments 1765 Olympian Lane Page 4 of 4 Variance from Home Occupation Location standard