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Home My WebLink AboutVARIANCE Setback 1400 McCreery Ln 2007-04-03 DATE: April 3, 2007 REQUEST: Variance from the “RE-1” Rural Estate 50-foot side yard setback requirement. LOCATION: TBD McCreery Lane, within unincorporated Larimer County APPLICANT/OWNER: Heather McCreery and Scott Carter STAFF CONTACT: Dave Shirk SITE DATA TABLE: Architect: BASIS Architecture (Steve Lane, 586-9140) Parcel Number: 2518000005 Development Area: 6.19 acres (plus 40-acre parcel adjacent to west) Number of Lots: One Existing Land Use: Old cabin, barn Proposed Land Use: Same, plus new single- family dwelling Existing Zoning: “RE-1” Rural Estate Adjacent Zoning- East: “RE-1” Rural Estate North: “O” Open (Larimer County) West: “O” Open (Larimer County) South: “RE-1” Rural Estate Adjacent Land Uses- East: Single-family dwelling North: Rocky Mountain National Park West: Rocky Mountain National Park South: Single-family dwelling Services- Water: Town (proposed) Sewer: Septic Fire Protection: Estes Park Volunteer McCreery-Carter Side Yard 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 RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall River Entrance RMNP Beaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS Page #2 –McCreery-Carter Side Yard Setback Request PROJECT DESCRIPTION AND BACKGROUND: The applicants request a variance to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a west side yard setback of 5-feet in lieu of the 50-feet required to build a new single-family dwelling. 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 set forth below: Page #3 –McCreery-Carter Side Yard Setback Request 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 Comment: The lot has several natural features associated with it, and this site location is an attempt to minimize the overall site disturbance. The access road serving this lot is located in the southwestern corner of the lot, which is near where the applicant desires to locate the structure. This portion of the site sits on a “shelf” above a stream and an aspen grove. By locating the structure in this area, the overall site disturbance will be minimized by avoiding a driveway with a switchback, and will also maintain the stream setback and preserve the aspen stand. 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 Comment: A conforming structure could be built on the lot, though it would result in greater overall site impact. b. Whether the variance is substantial; Staff Comment: The Board should use their best judgment if the requested variance is substantial. It is Staff’s opinion it is not (due to common ownership of the adjoining lot). 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 Comment: The character of the neighborhood would not suffer a detriment. Locating the structure in this area would have the least impact on the neighborhood because it would minimize impact on the stream and associated aspen grove. Furthermore, the applicant’s own the property to the west, near the property line they wish to locate near. Staff has received a letter of support from the North End Property Owners Association. d. Whether the Applicant purchased the property with knowledge of the requirement; Page #4 –McCreery-Carter Side Yard Setback Request Staff Comment: The applicant has recently purchased the property, and was aware of the setback requirement. e. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Comment: A conforming structure could be built, though it would have a greater impact on the overall site. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Comment: The Board should use their best judgment if the requested variance represents the least deviation that would afford relief. 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. 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. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds: 1. Special circumstances exist, as outlined in the staff report. 2. The property may be developed for residential use without the variance, though that would have a greater impact on the site. 3. The Applicant's predicament could be mitigated through some method other than a variance, though that would have a greater impact on the site. 4. The character of the neighborhood would not change. 5. The Board should use their best judgment if the requested variance is substantial. 6. The Board should use their judgment if the requested variance represents the least deviation that would afford relief. 7. The applicant recently purchased the property. 8. 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. Page #5 –McCreery-Carter Side Yard Setback Request 9. The variance would not adversely affect the delivery of public services such as water and sewer, and would provide greater area for the necessary septic system without disturbing the aspen stand. 10. 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. 11. Approval of this variance would not 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. 12. Approval of this variance would not 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; Therefore, Staff recommends APPROVAL of the requested variance to allow a side yard setback of 5-feet in lieu of the 50-foot setback required CONDITIONAL TO: a. Full compliance with the applicable building code. b. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This certificate shall verify the structure complies with the approved site plan. c. Prior to issuance of a building permit, the applicant shall record a Land Use Affidavit stating the historic cabin is not to be rented separately, and is for the use of only family and non-paying guests. Furthermore, this affidavit shall state the cabin is not to be used for sleeping purposes. SUGGESTED MOTION: I move APPROVAL of the requested variance with the findings and conditions recommended by staff. DENIAL: I move DISAPPROVAL of the requested variance because… (state reason for denial - findings). LAPSE: 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 BOA null and void. Heather McCreery and Scott Carter PO Box 521 Estes Park, CO 80517 RE: McCreery Lane Variance Request To Whom It May Concern: The Estes Valley Board of Adjustment reviewed the McCreery Lane variance request on Tuesday, April 3, 2007, at the regular monthly meeting. At that time, the Board of Adjustment voted unanimous (4-0, one absent) CONDITIONAL APPROVAL. The conditions of approval are: a. Full compliance with the applicable building code. b. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This certificate shall verify the structure complies with the approved site plan. c. Prior to issuance of a building permit, the applicant shall record a Land Use Affidavit stating the historic cabin is not to be rented separately, and is for the use of only family and non-paying guests. Furthermore, this affidavit shall state the cabin is not to be used for sleeping purposes. Pursuant to Section 3.6 D. of the Estes Valley Development Code, “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 BOA null and void.” Should you have any questions or comments regarding this matter, please feel free to contact me (577-3729) or Bob Joseph (577-3725) at your convenience. Respectfully, _____________________ David W. Shirk, Planner enc: Land Use Affidavit