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HomeMy WebLinkAboutVARIANCE Open Area Habitat Subdivision 2003-12-02RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall RiverEntrance RMNPBeaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS I. PROJECT OVERVIEW DATE OF BOA MEETING: December 2, 2003 REQUEST: The petitioner requests a variance to Estes Valley Development Code Section 4.D.1 which requires that all residential developments and subdivisions containing five or more units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3. Table 4-3 requires a fifteen percent minimum set aside for R-1 and R-2 zoned lots. LOCATION: The site is located at 650 Graves Avenue in the Town of Estes Park. PETITIONER/PROPERTY OWNER: Habitat for Humanity of Estes Valley, Inc./Michael R. Mangelsen and Susan K. O’Conner STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) II. PROJECT DESCRIPTION/BACKGROUND Open Area Variance Request The petitioner requests a variance to Estes Valley Development Code Section 4.D.1 which requires that all residential developments and subdivisions containing five or more units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3. Table 4-3 requires a fifteen percent minimum set aside for R-1 and R-2 zoned lots. Specifically, the applicant requests that no open area be set aside in the Mangelsen Subdivision. Rezoning Request Mangelson Subdivision Open Area Set Aside Variance Request Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com Page #2 – Mangelsen Subdivision Open Area Set Aside Variance Request At the November 18, 2003 Estes Valley Planning Commission meeting, the applicant requested a rezoning of proposed Lots 3, 4, and 5 shown on the Mangelsen subdivision plat from R-2 Two-Family Residential to R-1 Residential. Habitat proposes building attainable homeowner occupied detached single-family homes on these lots, i.e. attainable to low income households earning eighty percent or less of Larimer County median income. The Planning Commission recommended conditional approval of this rezoning which will be reviewed by the Town Board on December 9, 2003. One of the conditions is approval and recordation of the Mangelsen Subdivision plat. Per EVDC §4.2.A.6 the purpose of the R-1 single-family residential zoning district is “…to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight dwelling units per acre with a minimum lot area of five thousand square feet, subject to attainable housing limitations in §11.4.C of this Code.” Preliminary Subdivision Plat The applicant also submitted a subdivision application to subdivide a portion of Lot 32, Bonnie Brae Addition from one R-2 zoned lot into five lots, two zoned R-2 and three zoned R-1. This application also adjusts the Lot 4, Habitat Subdivision boundary line to dedicate additional right-of- way. This lot is zoned R-1. The Estes Valley Planning Commission recommended conditional approval of this application which will be reviewed by the Town Board on December 9, 2003. One of the conditions is Estes Valley Board of Adjustment approval of the requested open area variance. Fee Waiver for Habitat Project The applicant requested a waiver of review fees related to this Habitat project. This request was approved by the Community Development Committee at the November 6, 2003 meeting and included a waiver of the rezoning, subdivision, variance, and building permit fees. Page #3 – Mangelsen Subdivision Open Area Set Aside Variance Request III. SITE DATA AND MAPS Number of Parcels Two Parcel Number(s) A Portion of Lot 32 Bonnie Brae 2530406032 Lot 4 Habitat 2530483004 Gross Land Area A Portion of Lot 32 Bonnie Brae 1.78 acres 77,616.20 sq. ft. Lot 4 Habitat 0.16 acres 7,108.00 sq. ft. Total 1.945 acres 84,724.20 sq. ft. Existing Zoning A Portion of Lot 32 Bonnie Brae “R-2” Two-Family Residential Lot 4 Habitat “R-1” Residential Proposed Zoning A Portion of Lot 32 Bonnie Brae Two “R-2” Zoned Lots Three “R-1” Zoned Lots Lot 4 Habitat “R-1” Residential Existing Land Use A Portion of Lot 32 Bonnie Brae Single-Family Residential Lot 4 Habitat Single-Family Residential Proposed Land Use A Portion of Lot 32 Bonnie Brae Single-Family and Two-Family Residential Lot 4 Habitat Single-Family Residential ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “RM” Multi-Family Residential Multi-Family Residential South “RM” Multi-Family Residential Multi-Family Residential East “E” Estate Single-Family Residential West “R-1” Residential Single-Family Residential (Habitat Subdivision) Note: Adjacent land uses are determined from site visits. SERVICES Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Estes Park Volunteer Fire Department Electric Town of Estes Park Telephone Qwest Gas Excel Energy Page #4 – Mangelsen Subdivision Open Area Set Aside Variance Request SITE PLAN Page #5 – Mangelsen Subdivision Open Area Set Aside Variance Request IV. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.C and all other applicable provisions of the Estes Valley Development Code. This variance request does not fall within the parameters of staff level review and will be reviewed by the Estes Valley Board of Adjustment. V. REFFERAL COMMENTS This request has been submitted to all applicable reviewing agency staff and property owners within 100 feet of the property for consideration and comment. The following reviewing agency staff and/or neighbors submitted comments. Town Attorney See Greg White’s letter to Alison Chilcott dated November 12, 2003. VI. STAFF FINDINGS Staff finds: 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: There are special circumstances that exist. If open area is provided with this subdivision, the R-1 lots would be reduced in size from a minimum of 5,000 square feet to 4,250 square feet. Siting a house on a 5,000 square foot lot while meeting setbacks is difficult, particularly if the lot is not square or rectangular. Reducing the lot size even further makes compliance with setback requirements all the more difficult. The Planning Commission recommended approval of a twenty-five percent reduction in the internal setbacks between Lots 3, 4 and 5. The preliminary plat shows the possible location of houses on the R-1 lots and even with the reduced setbacks the houses abut almost all setback lines. Page #6 – Mangelsen Subdivision Open Area Set Aside Variance Request 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: There can be a beneficial use of the property without the variance. The existing residence on the lot can continue to be used. b. Whether the variance is substantial. Staff Finding: This is a request to provide no open area rather than the fifteen percent open area that is required which is substantial. 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 proposed variance may not substantially alter the essential character of the neighborhood. Adjoining property owners have not contacted staff to comment on this proposal and staff is not aware of their opinions about the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance will not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The applicant applied to subdivide the lot after the February 1, 2000 effective date of the Estes Valley Development Code with knowledge of the open area requirement. Page #7 – Mangelsen Subdivision Open Area Set Aside Variance Request f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant’s predicament cannot be mitigated through some method other than a variance. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff Finding: The submitted conditions or circumstances affecting the applicant's property are of so general a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff plans on recommending a code revision to remove the open area requirement from the R-1 zoning district. 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 variance, if granted, will not result in an increase in the number of lots beyond the number otherwise permitted for the subdivision. A fifteen percent open area set aside is required for subdivisions with five dwellings or more; however, if open area is required the minimum lot size for each lot can be reduced by fifteen percent. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance, if granted, may offer the least deviation from the regulations that will afford relief. Open area could be set aside for the two R-2 zoned lots. If these two lots were subdivided at a later date open area would not be required for these lots. 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 use is permitted. Page #8 – Mangelsen Subdivision Open Area Set Aside Variance Request 7. In granting this variance, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards varied or modified. 8. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memo’s submitted by reviewing agency staff, referred to in Section V of this staff report, are incorporated as staff findings. 9. Per EVDC §3.6.D, failure of an applicant 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 Board of Adjustment null and void. VII. STAFF RECOMMENDATION Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1. Compliance with the submitted plans.