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Home My WebLink AboutVARIANCE Setback 1081 West Lane 2013-11-05____ 1081 West Lane Setback Variance Request Estes Park Community Development Department,Planning DivisionIRoom230,Town Hall,170 MacGregor Avenue I P0 Box 1200,Estes Park,CO 80517LPhone:970-577-3721 Fax:970-586-0249 www.estes.org EsTEs VALLEY BOARD OF ADJUSTMENT MEEETING DATE: November 5,2013 REQUEST: This request is for a variance from the Estes Valley Development Code (EVDC)Section 4.3,Table 4-2,which requires buildings and accessory structures be setback a minimum of 50 feet from the side property ilne in the RE Rural Estate zone district. The Applicant requests to encroach 15 feet into the side setback to construct an above-grade deck.The proposed deck would connect to an existing side deck and measure approximately 20’by 43’. LOCATION:1081 West Lane APPLICANTIOWNER:Steve Lane,Basis Architecture/Frank and Jeoffrey Schageman STAFF CONTACT:Phil Kleisler 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. REFFERAL AND PUBLIC COMMENTS:This request has been routed to reviewing agency staff and adjacent property owners for consideration and comment.A legal notice was published in the Trail Gazette. GARAGE/SHED 0 BE REMOVED NEW ADDITION NEW COVERED DECK ROOF -‘-_. NI DEOC / - EXISTING C.. DRIVE - ENTRY/STAIR.-—‘DfClfZ ...-—EXISTING ROOF AREA OF PROPOSED = ‘..EXISTING DECKDECKINSETBACK, “—ENCROACHMENTPENDINGBOA(÷/3.5’)APPLICATION z —------..—--—------—-—-—-- Affected Agencies.No concerns expressed during review. Public.A property owner to the north of the Schageman residence emailed staff stating that they have no objection to granting this variance. 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:Staff does not find that special circumstances or conditions exist relating to lot shape and size.The home is not located within the side setback.According to the Larimer County Tax Assessor,this single-family home was built in 1963.Minimum lot standards are found in Table 4.2 of the EVDC and include the following: Measurement Required 1081 West Lane MinimumArea 2.5Acres 3.11 Acres Minimum Width 200 Feet Approx.198 Feet The lot size and dimensions are generally in line with the standards and intent of the RE Rural Estate district.Town records also indicate that a 50’ side setback has been required since the 1963 Larimer County Zoning Resolution was enacted. Staff does find that the location of the building creates practical difficulty in constructing a functional deck.The southeast corner of the home is located approximately four (4)feet from the southern property line. Additionally,it appears that less vegetation would be impacted if constructed on the south side of the building (see photo to right). 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:Residential use may continue.. 1081 West Lane Setback Variance Request Page 2 of 4 b.Whether the variance is substantial; Staff Finding:The variance is not substantial. 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 essential character of the neighborhood would not be substantially altered with the approval of this variance.Adjoining properties would not suffer a substantial detriment as a result of this variance.The nearest property is a residential dwelling approximately 192 feet to the southwest,as measured from the edge of the proposed deck. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding:Affected agencies expressed no concerns relating to public services for this variance. e.Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding The property was transferred to the applicants in 1993,after the adoption of the 50’side setbacks. f.Whether the Applicant’s predicament can be mitigated through some method other than a variance. Staff Finding:Per section 1.9.D.b.(4)of the EVDC,the applicant may construct a patio or deck,uncovered and at-grade,“provided that they do not extend more than thirty percent (30%)of the required setback distance to any required setback.” 3.If authorized,a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding:Shortening the proposed deck would impact the practical usability of the space.The only alternative appears to be an at-grade patio or deck,or a substantial design of the current proposal. 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. 1081 West Lane Setback Variance Request Page 3 of 4 Staff Comment.Staff can determine compliance with the variance without a setback certificate. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1.Compliance with the approved site plan. 2.All new exterior lighting comply with EVDC Section 7.9. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). . . 1081 West Lane Setback Variance Request Page 4 of 4 991 Town of Estes Park Community Development Exhibit A Map 1081 West Lane Setback Variance Setback variance to construc a new deck. Steve Lane,Basis Architecture 25192-05-009 1081 West Lane I .-- I I I . 1.1iF1S7Z II’ I..’ I..* ‘Project Name:1081 West Lane Setback VarianceTo¼’n of Estes Par1Iprjct Description:Setback variance to construc a new deck. Parcel ID Number(s):251 92-0509 Community Develop rn ent Petitioner(s):Steve Lane,Basis Arctitecture ESTS PARK Exhibit B Map 10t0d155 1081 West LzCtORAD Vicinity Map 1 in =200 ft 0 100 200 Feet Printed:10/31/2013 Created By:Phil Kieisler project Site Zoning A Town Boundary Parcels-Larimer Southeast view from from yard. , South view of proposed deck location. 1081 West Lane Setback Variance Request Photo Attachment Southwest neighbor,from location of proposed deck.. . . View from West Lane.proposed deck. 1081 West Lane Setback Variance Request Photo Attachment .1 TOWN oi ESTES PARK Inter-Office Memorandum To:Community Development From:Jeff Boles,Cliff Tedder and Steve Rusch Date:10121/2013 Re:Stanley Heights variance setback.Lot 9,Stanley Heights Subdivision.1081 West Lane. The Water Department has no comments or concerns regarding the above application,as the proposed deck is not near the existing water service line. DWH of Estes Park Mail -Schagenian Residence Variance ht(p://mail.google.conilmail/u/O/?ui=2&ik=al a80c52 I a&viewpt&se... Karen Thompson <kthompson@estes.org> ESTES PARK Schageman Residence Variance 2 messages Dorothy Gibbs <owlsnest@beyondbb.com>Tue,Oct 22,2013 at 8:35 PM To:planning@estes.org I live on the north side of the Schageman residence,and have no objection at all to the granting of this variance. Dorothy Scott Gibbs ::::517 owlsnest@beyondbb.com Karen Thompson <kthompson@estes.org>Wed,Oct 23,2013 at 9:07 AM To:Dorothy Gibbs <owlsnest@ beyondbb.com> Cc:Phil Kleisler <pkleisler@ estes.org> Good Morning,Dorothy - Thank you for your comment.I will forward it to Phil Kleisler,the planner working on this project. I hope you came through the flood unscathed. Karen (Newsom)Thompson Administrative Assistant Community Development Department Town of Estes Park Phone:970-577-3721 Fax:970-586-0249 kthompson @estes.org [Quoted text hddenJ . of I l0/23/20l3 9:07 AM e a ESTES VALLEY BOARD OF ADJUSTMENT REQUEST FOR VARIANCE STATEMENT OF INTENT Lot 9,Stanley Heights 1081 West Lane,Estes Park,Colorado This application is a request for a variance from the setback requirements of Table 4-2 in the RE zoning,from 50- feet to a maximum of 35-feet (30%,see below)in one location to allow the corner of an above-grade deck to be constructed square to the existing house. Per section 1.9.D.1.b.4 of the EVDC,“patios and decks,uncovered and at-grade”,are permitted in the setback “provided they do not extend more than thirty percent (30%)of the required setback distance to any required setback.”The proposed deck meets all of these criteria,except “at-grade”as the proposed deck would be approximately 5-feet high. Review Standards 1.Special circumstances or conditions exist:The property is part of the Stanley Heights subdivision which was formed in the 1940’s.The existing home was constructed during the 1950’s.The property is in Larimer County,and was re-zoned in 1999 and included into the Estes Valley Development area.The lot is long and narrow for its size,and the existing home sits close to the southeast corner of the property, though the house itself does fit within the EVDC setbacks. 2.Practical Difficulty a.The property has been in use without the variance;however,the owners (who have kept the home in the family since its original construction)would like to make better use of the property, especially in the summer season,by constructing an outdoor living space,at the same level as the main floor. b.The variance is not substantial.The EVDC already allows ‘at-grade’decks within the setback at the same distance proposed by this application.Furthermore,due to the angle of the home versus the property line,the area of deck projecting into the setback is relatively small. c.The essential character of the neighborhood would not be altered,nor would adjoining properties suffer detriment as a result of the variance. d.The variance would have no effect on public services. e.As stated above,the applicant’s family has owned the property since the 1940’s and so the EVDC setbacks were applied after the home was constructed. f.It would be possible to make the deck smaller or provide a ‘step-down’to an ‘at-grade’portion, or cut off the deck at the corner;however,all of these alternatives would impact the practical usability of the outdoor space —please refer to the floor plan. 3.The conditions reflected in this application are not general.They are specific to this particular home and property,size and orientation. 4.No reduction in lot size or increase in number of lots is proposed by this variance request. 5.The plan proposed is not excessive in meeting the owner’s desire for the highest and best use of their property. 6.The variance does not propose a non-permitted or prohibited use. Prepared by:Steve Lane,AlA BASiS Architecture PC Record Subdivision: Parcel lD ‘1’M ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Lot Size Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service Site Access (if not on pubhc street) Are t[ ‘Variance Desired (Development Code Section #):J4t4J M 2—fj ,A4g1faA jj\J flLlF I fler1A 4’l.r Name of Primary Contact Person Ld’J...,i9C4(4’f’(t4-. ------- -is WJi’2.s.-t-,c11-tbO . .v Application fee (see attached fee schedule) Statement of intent (must comply with standards set forth in Section 3.6.C of the Estes Valley Development Code) V 1 copy (folded)of site plan (drawn at a scale of 1”=20) iv I reduced copy of the site plan (11’X 17”) The site plan shall include information in Estes Valley Development Code Appendix B.VIL5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule).Copies must be folded. I 0 ECllV SEP252013 5treet Address ol Lot:( Legal Description: . 1nI Lot: __________ Block: ________________ 4+Et14It Tract: Zonina E.I.p.&t L’1 9-i l14CqE t 1Lj €Si Ud’$ <Town F Well F Other (Specify) )(Town F Well F Other (Specify) F EPSD :15<Xcel F EPSD F UTSO F Other F UTSD site? )Septic r None ?Septic ) Complete Mailing Address r To,of Estes Pork .P.O.Box 1200 ..170 MacGregor Avenue -Estes Pork.CO 80517 Community Deveopmenf Deportmen’Phone:(970J 577-3721 .Fox:19701 586-0249 .wwwestes.org/ComDev . Revised 1 /20/09 •Record Owner(s)Lt c i4*ftALLj t1- 11111 Mailing Address ‘tcV4 9€L-U W?cL41 fr u) l1ll!I Phone____________________________________________________________________________ jfjjf Cell Phone •it’;. 1tM Email Q4roi Cows I11IllhIllllHlll Applpcant p 11111III11IllllhI Mailing Address Phone I1llillllhI1I Cell Phone jJllJllJ Fax_______________________________________________________ JI1j Email jConsuftantiEngineer 1_tktt’&c.ft4Z Mailing Address 1{M’2..4tt tolA*’cei4 ‘fW l’co I J Phone ‘4p ‘I!Cell Phone ‘l.4/. ill Email APPLICATION FEES For variance applications within the Estes Valley Planning Area,both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: htIpJ/www estes orq!ComDev!3cheduks&Fees!Pann dp ic1liorFeeSGhe’ule.pdf All requests for refunds must be made in writing.All fees are due at the time of submittal.____________ Resed 11/20109 APPUCANT CERTIFICATION I hcteh certify thl the narrnetion and exhibits herewith submitted are tme and correct to the her.ct my krc’r c-n Idat to Iring the apptoaiicn I am acting with ifle knowledge and consent of the owners of lh€proper1. In s.ninttirg the ap licain!materials an’i signing this nniirvhan agreement,I acknowledge and agree that therr.tlcrn s snot :‘e the ?cobe csrr and hearing requrernenis set :ir the Estes Valley Code (EVDC). acncwledu that I have ocaned or have access to tee EVDC,and that prior to flUng this appt.cauY,I have had the opportunity to consuft the relevant provisions governing the processing of and decision on the application. The Estes uiis Deeloamert Code is Ahle online at I unders:and that acceptance of this application by the Town of Este Park for filing and receipt of the application fee oy the Town does not necessarily mean that the application is complete under the applicable requirements of theVDC. I understand that this variance request may be delayed in processing by a month or more if the information provided rtcornpete,inaccurate,or submitted after the deadline date. I understand that a resubmittal fee will be charged if my applicatiçn is incomplete. The Community Development Department will notify the applicant In writing of the datp on which the application is determined to be complete. I grant permission for Town of Estee Perk Employees arid Members of the Board of Adjustment with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and thatfailureto-reet the deadhoes shown on said schedule shall result In my application or the approval of my application becoming null and void.I understand that fuK fees will be charged fur the resubmittal of an application that has become null and void. I understand that I am required to obtain a “Variance Notic”sign from the Community Development Department andthatthissignmustbepostedonmypropertywhereitIsdearlyvisiblefromtheroad.I understand that the corners of my property and the proposed buriding/structure corners must be field staked.I understand that the sign must bepostedandthestakingcompletednolaterthanten(10)business days prior to (tie Estes Valley Board of Adjustmenthearing. I understand that if the Board of Adjustment approves my request,“Failur.of an applicant to apply for a buildingpermitandcommenceconstructionoractionwithregardtoth.variance approval withIn one (1)year ofreceivingapprovalofthevariancemayautomaticallyrenderthedecisionofth.BOA null and void.’(Estee Valley Development Code Section 3.6.0) Record Owner PLEASE PRINr -Jtcj SC c Applicant PLEASE PPJNr 3ç’%J /A’i SIgnatures Owner C 1 Apnt ____ (_—,.vs,.v Rvis,d 11/20/09 Zoning Districts §4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts [ Minimum Lot Minimum BulldlnglStructure Mm.— Zoning Standards [1][5]Line Setbacks [2][4]Max.Building DistriCt (Ord.25-07 [9]Ord.25-07 §1)iI.g WIdth (ft)Max.Net Density Area Width Side Height (unltslacre)(sq ft.)(ft.)Front (ft.)(ft.)Rear (ft.)(ft.)[10] RE-i 1/10 Ac.10 Ac.200 50 50 50 30 20 RE 1/2.5 Ac.2.5 Ac.200 50 50 50 30 20 E-1 1 1 Ac.[3]100 25 25 25 30 20 25- arterials;E 2 i2 Ac.[3]‘15-other 10 15 30 20 streets 25- arterials;R 4 1%Ac.60 10 15 30 20 15-other streets R-i 8 5,000 50 15 10 15 30 20 Single-family 25- =18,000;arterials;R-2 4 60 10 10 30 20Duplex=15-other 27,000 streets 40,000, Residential 15,400 sq.60; Uses:ft/unit Lots 25-RM Max =8 and (4](8](Ord.Greater arterials;(Ord.Mm =3 25-07 §1)than 15-other 10 [6]10 30 20 [7] 18-01 Senior #14)Institutional Senior 100,000 streets Living Uses:Institutional sq.ft.: Max =24 Living Uses:200 Y2 Ac. Notes to Table 4-2: [1](a)See Chapter 4,§4.3.D,which allows a reduction in minimum lot size (area)for single-family residential suodivisions that are required to set aside private open areas per Chapter 4,§4.3.D.1. (b)See Chapter 11,§11.3,which allows a reduction in minimum lot size (area)for clustered lots in open space developments. (0)See Chapter 11,§11.4,which allows a reduction in minimum lot size (area)for attainable housing. (d)See Chapter 7,§7.1 which requires an increase n minimum lot size (area)for development on steep slopes. (Ord,2-02 §1) [2]See Chapter 7,§7.6,for required setbacks from stream/river corridors and wetlands,(Ord.2-02 #5;Ord,11-02 §1) (3]If private wells or septic systems are used,the minimum lot area shall be 2 acres.See also the regulations set forth in §7,12,‘Adequate Public Facilities.” [4]Townhome developments shall be developed on parcels no smaller than 40000 scuare feet:however,each individual townhome unit may be constructed on a minimum 2,000 square foot lot at a maximum density of S dwelling units per acre. [5]All development,except development of one single-family dwelling on a single lot,shall also be subect to a maximum floor area ratio (FAR)of .30 and a maximum lot coverage of 50%.(Ord 25-07 §1) [6]Zero side yard setbacks (known as “zero lot line development”)are allowed for townhome developments. 17]Minimum building width requirements shall apply to mobile homes located in a mobile home park. [8]Single-family and dLplex developments shall have minimum lot areas of 18,000 s.f and 27,000 s.f.,respectively.(Ord 18.01 #14) [9]All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots.The setback shall be measured from the edge of public or private roads,the edge of the dedicated right-of-way or recorded easement or the property line,whichever produces a greater setback.The setback shall be the same as the applicable minimum building/structure setback.(Ord.11-02 §1;Ord.25-07 §1) [10]See Chapter 1,§1.9.E,which allows an increase in the maximum height of buildings on slopes.(Ord.18-02 #3) Supp.8 4-7 April 12, 2024 Steve Lane BAS1S Architecture PC 1692 Big Thompson Avenue, STE 100 Estes Park, CO 80517 Re: Board of Adjustment Outcome Notification Side-Yard Setback Variance Application 1081 West Lane Parcel Identification Number 25192-05-009 Dear Mr. Lane, The Estes Valley Board of Adjustment reviewed the setback variance request for 1081 West Lane during their regularly scheduled meeting Tuesday, November 5, 2013. At that time, the Board of Adjustment voted unanimous (3-0, two absent) CONDITIONAL APPROVAL. The conditions of approval are: 1. Compliance with the approved site plan. 2. All new exterior lighting comply with EVDC Section 7.9. Board of Adjustment Minutes Board of Adjustment meeting minutes will be posted at www.estes.org approximately one month following the meeting. Minutes will state whether the variance was approved or denied and will list any conditions of approval. Staff recommends the property owner keep a copy of the minutes for their records. Null and Void If the Estes Valley Board of Adjustment approves the variance, the property owner must apply for a building permit and commence construction or action with regard to the variance approval within one year of the approval. If this does not occur, the variance automatically becomes null and void. Please note that compliance with the approved plans is required. Any proposed encroachments into the setback in the future will require an additional variance. Approval of a variance does not permanently reduce the minimum required property line setback. Should you have any questions or comments regarding this matter, please feel free to contact me at 577-3725 at your convenience. Mr. Discher August 7, 2013 Page 2 of 2 Respectfully, Phil Kleisler Planner I/Code Compliance Officer Enclosures (2)