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
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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
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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