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HomeMy WebLinkAboutVARIANCE Grading 1901 Fish Creek Rd 2017-09-18 1901 Fish Creek Road–Grade Change Variance Estes Park Community Development Department, Planning Division Room 210,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 MEETINGDATE& LOCATION:November 7,2017,9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section 7.2.B.2.b Grading Standards. The variance would allowlowering original grade by 24 feet± 1 footin lieu of the 12-foot maximum allowed. The purpose of the variance is to maximize the building site for a mini storage project. Staff recommends approval. LOCATION:1901 Fish Creek Road, within the unincorporated Estes Valley VICINITY MAP:See attachment APPLICANT/OWNER:Chris and Marlys Eshelman/ same as applicant STAFF CONTACT:Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a varianceto allow lowering original grade by 24-feet in lieu of the 12-foot maximum allowed. The lot is roughly 2.5-acres in size and is zoned I-1 Limited Industrial. The property is located off of Fish Creek and is within the unincorporated Estes Valley. The lot is currently developed with a single-family residential building and a mix of industrial buildings. This Variance application is one of two applications running concurrently for this project. A Development Plan has also been submitted. The Development Plan was conditionally approved th by thePlanning Commission on October 17, 2017. The EVDC states in Section 7.2.B.2.b. that original grade may be raised or lowered a maximum of twelve (12) feet. This project proposes to cut back the existing cliff to increase the usable space on the lot. Because thecliff face will entail a nearly 23-foot fall, aVariance is needed. The applicant is requesting a 12-foot variance to allow for a 24-foot grade change. 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 of Adjustment is the decision-making body for this application. REFERRALAND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department “Current Applications” webpage.The site has been posted with a “variance pending” sign. Affected Agencies.This request has been routed to reviewing agency staff for review and comment.No major comments or concerns were received. PublicComments.Staff has received no written public comment in regards to this application. STAFF FINDINGS: 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: Theexisting cliff on the west end of the property is well over 12-feet. Rock blasting in the past created a rough edge vertical face. This proposal calls for trimming the cliff side back to where it will begin to fall around 6-feet east of the west property line. The new cliff face will range in vertical fall. This Variance is for a request not to exceed 24-feet in lowering the original grade. Existing cliff face from the east.12+ feet. The applicant has stated that maximizingthe site for a mini storage development is ideal. In order to do so, excavating back the existing cliff is necessary. The development will include two rows of storage units with the appropriate driveways, one being on the west end of the site. It is proposed to be 20-feet in width. This driveway will also serve as fire access to the storage building. The site is greatly limited in regards to usable spacedue to setbacks. When and I-1 property is adjacent to residential districts, the side setbacks increase from 10-feet to 25- feet. Fish Creek runs north-south through this property and also has setbacks/floodplains associated with it. Staff finds there to be a unique circumstance associated with this site; minimal buildable area due to several setback requirements and floodplain issues.This use type is only allowed in I-1 and CH zoning districts, the scarcest districts in the Estes Valley. This site does not provide enough usable space to accommodate this permitted use type without potentially compromising other requirements, such as fire access. 1901 Fish Creek–Grade Change VariancePage 2of 4 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: The property can be used for mini storage without trimming back the existing cliff face. Maximizing a site for building area is ideal for this use type, especially because trimming back the cliff face would also mean cleaning up the irregular escarpmentit creates. b.Whether the variance is substantial; Staff Finding: Staff does not find this request to be substantial considering the existing situation. The man-made cliff is currently well over 12 feet. This proposal merely aims at cleaning up the cliff face to make a clean escarpmentand create additional building space. The th property to the west is platted as an Open Space Outlout in the Carriage Hills 7Filing Subdivision. The Outlout will never be built onwithout significant change to legal restrictions. The cliff exists on the subject property and will not extend into the Outlot. 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 property is currently built out withmostly industrial buildings and the cliff is existing. Increasing the vertical fall at this location would not drastically change the neighborhood. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services. e.Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant was aware of Code adoption in 2000. It is unlikely the applicant knew about this specific Code provision. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding:The development could be reduced in size and potentially shifted farther east. This would involve removing several of the proposed storage units. Fish Creek bisects the property which has setbacks and floodplains associated with it. This proposal has taken the limitations into account and has proposed the least invasive option. 1901 Fish Creek–Grade Change VariancePage 3of 4 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 of situations. Staff Finding: This Variance request is not general in its nature. This is a very site specific situation. The property allows for intense industrial uses but is constrained by a creek, floodplain, andanexisting rock wall. 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: There is no change in lot size. 5.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: This Variance would be the least deviation from existing regulations and would allow a reasonable use of the land. 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 variancedoes not propose a non-permitted or prohibited use. 7.In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff is not recommending any conditions for this Variance request. STAFF RECOMMENDATION:Staff recommendsAPPROVALof the requested grade change variance SUGGESTED MOTIONS I move to APPROVE the requested varianceaccording to findings of fact and conclusions of law, withfindings recommended by staff. I move toDENYthe requested variance with thefollowing findings(state reason/findings). ATTACHMENTS: 1.Vicinity map 2.Statement of Intent 3.Application/Variance Notification 4.Site Plan 1901 Fish Creek–Grade Change VariancePage 4of 4