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HomeMy WebLinkAboutVARIANCE Access Drive Stonewood Townhomes 2011-06-07RMNP Rocky Mountain National Park RMNP USFS USFS USFS Lak e Estes Marys Lak e Lily Lake Mac Gregor Ranch YM CA Co nf er ence Grounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNP Fall River Entr ance RMNP Beaver Meadows Entrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 Cheley Camps USFS USFS ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: June 7, 2011 Previous approval dates: Nov 2009 (expired) Oct 2007 (expired) REQUEST: A request to allow an access drive to be located within the required 25-foot arterial landscaping buffer zone. LOCATION: TBD Moraine Avenue, within unincorporated Larimer County OWNER/APPLICANT: Don Chasen STAFF CONTACT: Dave Shirk SITE DATA TABLE: Engineer/Surveyor/Consultant: Van Horn Engineering Parcel Number: 3534400024 Development Area: 2.55 acres Existing Land Use: Undeveloped Proposed Land Use: Multi-family residential/accommodations Zoning Designation: A Accommodations Adjacent Zoning: East: A Accommodations North: A Accommodations West: A-1 Accommodations South: A Accommodations Adjacent Land Uses: East: Single-family residential North: Single-family residential West: Single-family residential South: Accommodations (Glacier Lodge) Services: Water: Town Sewer: UTSD PROJECT DESCRIPTION AND BACKGROUND: The applicant, Don Chasen, requests a variance to Section 7.5.F.2b(6) “No Development in Street Frontage Buffer Area” of Chasen Landscape Buffer 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 Estes Valley Board of Adjustment, June 7, 2011 Page 2 of 3 Chasen Variance Request the Estes Valley Development Code to allow driveway access to be located within twelve feet of the property line, within the mandated 25-foot arterial landscaping buffer zone. The purpose of this variance request is to develop this property with nine residential/accommodation units, for which the property is zoned (“A” Accommodations). This same variance request was approved by the Board in October 2007 and November 2009. Due to economic conditions, the owner has not initiated development. Development plan approval for Development Plan 08-05 is still in effect. This means the overall site plan approved by the Planning Commission is still in effect, though technically the variance has lapsed. Therefore, the applicant is requesting re-approval of this variance request. Staff recommends the approval timeframe be tied to the development plan approval. The area of the variance request is shown within the red oval: 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 should keep these criteria in mind when reviewing the variance request. 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: Estes Valley Board of Adjustment, June 7, 2011 Page 3 of 3 Chasen Variance Request 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: Therefore, Staff recommends APPROVAL of the requested variance to Section 7.5.F.2b(6) “No Development in Street Frontage Buffer Area” of the Estes Valley Development Code to allow driveway access to be located within ten feet of the property line, within the mandated 25-foot arterial landscaping buffer zone CONDITIONAL TO: a. District Buffer landscaping standards shall be applied in place of arterial street standards. b. Variance approval shall not lapse in the standard one year timeframe. Instead, variance approval shall be valid as long as the development plan approval does not expire. SUGGESTED MOTION: I move APPROVAL of the requested variance(s) with the findings and conditions recommended by staff.