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HomeMy WebLinkAboutVARIANCE Setback 1680 Fish Creek Rd 2013-07-02 Moschel Rear-Yard Variance Request 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 MEETING DATE: July 2, 2013 REQUEST: Variance from the RE RuralEstate 50-foot rear yard setback requirement. LOCATION: 1680 Fish Creek Road, within the unincorporated Estes Valley APPLICANT: Amy Plummer, Van Horn Engineering OWNER:William Moschel PROJECT DESCRIPTION AND BACKGROUND:The applicant requests a variance to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a rear yard setback of 30-feet in lieu of the 50-foot setback required. The lot is currently developed with a single-family dwelling that is located within 8-feet of the rear property line. The purpose of the variance request is to allow enclosure of an existing deck that is located approximately 30-feet from the rear property line. The entire structure sits within the required 50-foot setback, and no additions or alterations can be done without a variance. Surveyor: Van Horn Engineering Parcel Number: 2531418046 Lot Area: 1.85 acres Existing Land Use:Single-family residence Proposed Land Use: Same Zoning Designation:RERuralEstate Adjacent Zoning: East: RE Rural Estate North: RE Rural Estate West: E Estate and I-1 Restricted Industrial South: RE Rural Estate Adjacent Land Uses: East: Single-family residential and undeveloped North: Single-family residential single-family lot West: Single-family residential and Construction South: Single-family residential Storage Yard Services: Water: Town Sewer: UTSD 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. These standards are included in the Board notebooks. REFFERAL COMMENTS AND OTHER ISSUES:This request has been submitted to all applicable reviewing agency staff for consideration and comment. At the time of this report, no significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. FINDINGS: 1. This request complies with review criteria set forth in Section 3.6.C of the Estes Valley Development Code. 2. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 3. The variance is not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variance would not adversely affect the delivery of public services. 6. The variance represents the least deviation from the regulations that will afford relief. 7. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 8. The submitted conditions or circumstances affecting the property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 9.Failure to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. STAFF RECOMMENDATION: Approval conditional to compliance with the site plan and building design, as approved by the Board of Adjustment. SUGGESTED MOTION: I move APPROVAL (or disapproval) of the requested variance with the findings and conditions recommended by staff. Estes Valley Board of Adjustment, July 2, 2013 Page 2 of 2 Moschel Variance Request Estes Valley Application Referral Step Two: Completeness Review Sfwjtjpo!Ebuf;!Bqsjm!3124! If you prefer to review hard copies, please DATE: May 24, 2013 StandardDevelopmentReviewProcess Step1PreApplicationMeeting PROJECT NAME & DESCRIPTION: DevelopmentReviewTeam LOT 29, DUNRAVEN HEIGHTS – Step2SubmitApplication 1680 FISH CREEK ROAD, a.Applicationintakereview MOSCHEL RESIDENCE VARIANCE b.DevelopmentReviewTeam REQUEST c.CertificateofCompleteness: Ifnotcomplete,resubmitplans Follow this link for project description: Ifcomplete,movetonextstep www.estes.org/currentapplications Step3StaffReviewandFindings a.DevelopmentReviewTeam APPLICANT: Van Horn Engineering b.CertificateofFindings Amy Plummer c.Customermeetingwithstaff: ° Determineifapplicationisreadyfor amyvhe@airbits.com PlanningCommissionreview Step4PlanningCommissionReview DUE DATE: June 3, 2013 a.Publicmeeting Bring written comments to Inter- b.Actionorrecommendation Departmental meeting. c.Submitrevisedplansifneeded d.DevelopmentReviewTeam WHAT: This notification is to provide you e.CertificateofCompliance opportunity to submit written comments Ifnotcompliant,resubmitplans regarding the development application Ifcompliant,movetonextstep described below. Step5BoardReview a.Publicmeeting This application is currently under review b.Reviewandaction by the Estes Park Community c.Submitrevisedplansifneeded Development Department. d.DevelopmentReviewTeam e.CertificateofCompliance The Review Process table to the right will Ifnotcompliant,resubmitplans help remind you of the status of this Ifcompliant,movetonextstep application (steps completed and steps PostApprovalrequirements remaining). CustomerGuidesavailable ConstructionPlans This review is to determine if the DevelopmentAgreement application is complete for review through the Development Review Process. PreConstructionMeeting InstallUtilities Please note: if the land-use application is Permits approved, construction plans will be AsBuiltPlans required and subject to your approval stop by or contact the Community prior to site work. Development Department. TOWN OF ESTES PARK PLANNING DIVISION 281!NBDHSFHPS!BWF/!Q/P/!CPY!2311!FTUFT!QBSL-!DP!91628!QI/!:81.688.4832!GBY!:81.697.135:!XXX/FTUFT/PSH!