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Home My WebLink AboutVARIANCE Setback 425 Birch Ave 2018-10-02 425 Birch Ave,VarianceRequest SideSetback 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:October2, 2018,9:00 a.m.; Board Room, Estes Park Town Hall,170 MacGregor Avenue APPLICANT REQUEST:The applicant requests atwo (2)foot side setback variance from the Estes Valley Development Code. 1.Variance: From Section 4.3(C)(4) Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts; to permit an eight (8) foot sidesetbackfrom the northproperty line in lieu of the ten (10) foot minimum per theR-Residential Zoning District. Staff is recommending approval ofthis variance. LOCATION:425 Birch Ave,Estes Park, CO LEGAL DESCRIPTION:Lot 12,Block 4,Country Club Manor,Larimer County, Colorado. EXISTING ZONING:R,ResidentialZoning VICINITY AND SITE MAP:See attachments APPLICANT/OWNER:Clifford and Heather Gier STAFF CONTACT:Brandon Howes,Consulting Town Planner PROJECT DESCRIPTION:The Variance request is to grant an alternative side setback of eight (8) feet in lieu of the ten (10) foot minimum side setback required by the R- Residential Zoning District. The reason for this request is that the existing deck is located approximately 8.7feet south of property lineand the applicant would like to extend thisexisting deck to the east withinthe building setback area, keeping the 8.7-footexisting setback of the deck from the northernproperty line. The lot was platted prior to the Town’s rezoning efforts in February 2000, when the Estes Valley Development Code became effective.Prior to that time, the sidesetback was 5 feet. During the Town’srezoning, the 10-foot side setbacks associated with the R- Residential zone district went into effect thereby making the existingresidence anddeck fall within the building setback line. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to adjacent property owners in accordance with EDVC, Section3.15 General Notice Provisions.A legal notice was published in the Estes Park Trail-Gazette and the application is posted on the Town’s “Current Applications” webpage. The applicant has also posted a “development proposal under review”sign on the property. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. All comments have been addressed. REVIEW CRITERIA:In accordancewith the EVDC, Section 3.6(C)., Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. STANDARDS FOR REVIEW (3.6)(C) 1.Special circumstances or conditionsexist (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:The subject property was constructed in 1973and is locatedin a high-densityresidentialneighborhood. The adoption ofthe EVDC in 2000 changed the required side building setbacks in the R-Residential zoning districtfrom 5feet to 10feet.Prior to this change,the existing and proposed extension to the deck would have been in conformancewith the required side setbacks. 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:There isbeneficial use of the property without the variance, however the variance would correct an existing encroachment issue. b.Whether the variance is substantial; Staff Finding:The variance isnot considered substantial.Staff understands that when theR-Residentialzone districtsetbacks were changed in 2000,it created 425B IRCH A VE.P AGE 2 OF 4 V ARIANCE R EQUEST,S IDE S ETBACK hardships on existing properties by setting criteria for larger setbacks.The variance requested is the minimum required to provide relief to the applicant. 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:Staff does not find that the character of the neighborhoodwould be altered, and there would be no detrimental impacts to adjoining properties with approval of the proposed variance. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding:Approval doesnot have any effect on public services such as water and sewer. e.Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding:The applicant was not aware of the proximity of the deckto the setbacklineat the time of purchase. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding:No other method is available that would allow for the extension of this deck. 3.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding:There is no process that could provide a lesser deviation than the proposed varianceto allow theextended deck. 4.In granting such variances, the BOA may requiresuch conditions aswill, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Comment.Staff finds thevariancerequested isreasonable due to the existing topographyand donot foresee theneed for additional conditions. The BOA is welcomed to review and consider additional conditions as needed. STAFF RECOMMENDATION:Staff recommends approvalof the requested 2-footside setback varianceto allow for the extension of an existing deck that sits 8.7feetfrom the side property line. 425B IRCH A VE.P AGE 3 OF 4 V ARIANCE R EQUEST,S IDE S ETBACK SUGGESTED MOTIONS: I move to APPROVEthe requestedvariance, allowing aneight(8)foot sidesetback, along thenorthside of the propertyat 425 Birch Ave,Estes Park, with findings and conclusions as outlined in the staff report. I move toDENY the requested variancewith thefollowing findings (state reason/findings). ATTACHMENTS: 1.Vicinity map 2.Statement of Intent 3.Application 4.Site plan 5.Posted notice sign 425B IRCH A VE.P AGE 4 OF 4 V ARIANCE R EQUEST,S IDE S ETBACK 750 405 404 408 407 406 408 409 410 Subject Property 413 410 418 425 791 HIGH S T 431 790 436 435 434 440 439 447 446 436 452 451 440 Uijt!esbgu!epdvnfou!xbt!qsfqbsfe!gps!joufsobm!vtf!cz!uif 2!jo!>!43!gu Upxo!pg!Ftuft!Qbsl-!DP/!Uif!Upxo!nblft!op!dmbjn!bt!up Town of Estes Park uif!bddvsbdz!ps!dpnqmfufoftt!pg!uif!ebub!dpoubjofe!ifsfpo/ 425 Birch Ave. Evf!up!tfdvsjuz!dpodfsot-!Uif!Upxo!sfrvftut!uibu!zpv 12131 Dpnnvojuz!Efwfmpqnfou ± Qsjoufe;!:02103129 ep!opu!qptu!uijt!epdvnfou!po!uif!joufsofu!ps!puifsxjtf Gffu Dsfbufe!Cz;!Csjuuboz!Ibuibxbz nblf!ju!bwbjmbcmf!up!qfstpot!volopxo!up!zpv/ DAB STANLEY AVE. HIGHWAY 7 HIGH STREET ASPEN AVE. BIRCH AVE. COLUMBINE AVE. DRIFTWOOD AVE. ELM AVE. VICINITY MAP - SCALE 1" =1000' SUBJECT PROPERTY PROSPECT AVE. ESTES PARK MEDICAL CENTER ADJACENT PROPERTY OWNERSANN M LUTTON705 PARKVIEW DR.STEPHEN P ANDERSEN, KATHRYNE HOUSER418 COLUMBINE AVEALAN D/LORETTA D SMITH FORT COLLINS, CO 80525LAND USE - SINGLE FAMILY RESIDENTIALESTES PARK, CO 80517LAND USE - SINGLE FAMILY RESIDENTIAL1670 CLOVER LNESTES PARK, CO 80517LAND USE - SINGLE FAMILY RESIDENTIAL SCALE 1"=100' CONTOURS SHOWN ARE AT A 1' INTERVAL AND ARE BASED UPON ON SITE CONTROL WITH ASSUMED ELEVATIONS AS SHOWN HEREON. APPLICANT/OWNER425 BIRCH AVE970-616-2085TRAIL RIDGE CONSULTING ENGINEERS, LLCZONING INFORMATIONSUBJECT PROPERTY ZONING CLASSIFICATION: R-RESIDENTIALSURROUNDING PROPERTY ZONING CLASSIFICATION: R-RESIDENTIALAND PROPOSING AN 8' SETBACK FROM THE NORTH PROPERTY LINE.4. THE PLAT OF RECORD INDICATES FRONT LINE SETBACKS TO BE 10 FEET AND SIDE LINE SETBACKS TO BE 5 FEET. THE EXISTING RESIDENCEALSO REMAIN MORE RESTRICTIVE THAN THE ORIGINAL SETBACKS SHOWN ON THE PLAT OF RECORD. CLIFFORD AND HEATHER GIERESTES PARK, CO 80517ENGINEER/CONTACT PERSON1191 WOODSTOCK DRESTES PARK, CO 80517SETBACK VARIANCE INFORMATIONNORTH LINE. APPLICANT IS PROPOSING TO EXTEND THE EXISTING NORTHERN DECK WITHIN 8.7' OF THE NORTHERN PROPERTY LINE3. APPLICANT IS REQUESTING A VARIANCE FROM EVDC 4.3.C.4 "BASE DENSITY AND DIMENSIONAL STANDARDS RESIDENTIAL ZONING DISTRICTS",(BUILT IN 1973) COMPLIED WITH THE SETBACKS SHOWN ON THE PLAT OF RECORD. THE LOT WAS MADE NON-CONFORMING AFTER ZONING CHANGESIN THE ESTES VALLEY IN 2000. THIS VARIANCE REQUEST WILL NOT ONLY BRING THE CURRENT RESIDENCE BACK INTO CONFORMANCE BUT WILLGENERAL NOTES2. UTILITIES SHOWN HEREON ARE AS SURVEYED IN THE FIELD AND ARE APPROXIMATE. THE ENGINEER DOES NOT WARRANT THE LOCATIONS OFTHE UTILITIES AS SHOWN HEREON. THAT RESPONSIBILITY LIES WITH THE OWNER/CONTRACTOR.3. BOUNDARY LINE INFORMATION AND EASEMENT RESEARCH IS FROM THE LEGAL DESCRIPTION PROVIDED BY LARIMER COUNTY ASSESSOR'SRECORDS. NO OTHER OWNERSHIP OR EASEMENT RESEARCH WAS COMPLETED BY TRAIL RIDGE CONSULTING ENGINEERS. 1. APPLICANT REQUESTS A VARIANCE TO THE EXISTING NORTH SIDE LOT LINE BUILDING SETBACKS. THE CURRENT SETBACK IS 10 FEET TO THE1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY. VARIANCE INFORMATION GIER SETBACK VARIANCE SITE PLAN EXISTING STRUCTURES WITHIN 200' OF SUBJECT PROPERTY SUBJECT PROPERTY 20' 10' SCALE: 1" = 10' 0 2191 LARKSPUR AVENUE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com (30') R.O.W. BIRCH AVE. SETBACK 15' EXISTING 5.5' 7.3' '7.8 '7 .8 ' 10.5 EXISTING PARKING AREA ' 0.9 EXISTING DECK ' PROPOSED DECK1.01 K CABTE S DESO PORP ' 8 DIM PROPOSED DECK TEER TS HGI H .W.O .R )'03( K CABTE S GNIT SIXE '0 1 '0.61 425 Birch Ave. October 2, 2018 Clifford and Heather Gier 425 Birch Ave. Estes Park, CO 80517 RE: Setback Variance Dear Mr. and Mrs. Gier, On October 2, 2018, the Estes ValleyBoard of Adjustment APPROVEDyour request for a setback variance from EVDC Section 4.3(C)(4) Table 4-2 “Base Density and Dimensional Standards –Residential Zoning Districts” to permit a 8’sidesetback from the northernproperty line in lieu of the 10’minimum per the R-Residential Zoning District. Please keep this letter for your records. Should you have any questions, please do not hesitate to ask. Sincerely, Brittany Hathaway Planner II Cc: David Bangs, Trail Ridge Consulting Engineers, LLC 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Community Development Department970-577-3729 Planning & Zoning bhathaway@estes.org