HomeMy WebLinkAboutVARIANCE Setback 2399 Highway 66 2003-08-28
DATE: August 28, 2003
REQUEST: A request by William
Swanson for a variance from the “A-
1” Accommodations 15-foot side
yard setback established in the Estes
Valley Development Code.
LOCATION: 2399 Spur 66, within
the Town of Estes Park (up the hill
from Eagle Cliff B&B).
SITE DATA TABLE:
Parcel Number(s): 3534332019 Total Development Area: .34 acre
Number of Lots: One Existing Land Use: S.F. Residential
Proposed Land Use: Same Existing Zoning: “A-1” Accommodations
Adjacent Zoning-
East: “A-1” Accommodations North: “A-1” Accommodations
West: “A-1” Accommodations South: “A-1” Accommodations
Adjacent Land Uses-
East: Undeveloped (with approved
development plan)
North: S.F. Residential
West: S.F. Residential South: S.F. Residential
PROJECT DESCRIPTION AND BACKGROUND: This is a request for a minor
modification to the 15-foot side yard setback standards established for the “A-1”
Accommodations district. The new house has a deck the extents less than one-foot into
this setback. The encroachment was discovered with the submittal of a setback certificate
prepared by Paul Kochevar of Estes Park Surveyors and Engineers. The applicant
attempted to correct the encroachment by removing that portion that extended into the
setback. However, this correction was not quite enough, and the applicant now requests
this minor modification rather than doing addition work on the deck.
Greeley-Boulder Colony Setback Minor
Modification 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
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Mac Gregor Ranch
YMCAConferenceGrounds
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Eagle Rock
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Prospect Mt.
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Page #2 –Swanson Setback Minor Modification
REVIEW: Staff may grant minor modifications up to a maximum of ten percent (10%)
from yard and building setback requirements, provided that the Staff finds that such
modification advances the goals and purposes of this Code and either results in less visual
impact or more effective environmental or open space preservation, or relieves practical
difficulties in developing a site.
It is Staff’s opinion the applicant has attempted to correct the situation, and any further
requirement to correct the encroachment would equal a practical difficulty in developing
the site in relation to the intent of the building setback requirement.
This is based on the fact this is only a corner of the deck, not the full length; this is a deck
which has no walls as opposed to a fully enclosed portion of the structure; this is at the
backside of the neighboring home and will have minimal impact; and the neighboring
home is also owned by the Swanson’s.
Therefore, Staff has granted a minor modification to allow the deck to encroach 1-foot
into the required 15-foot side-yard setback.