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HomeMy WebLinkAboutVARIANCE Setback 3265 Eiger Trl 2018-03=06 3265 Eiger Trail–Building Setback 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 th MEETINGDATE& LOCATION:March62018; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2 Base Densityand Dimensional Standards Residential Zoning Districts.The Variance would allowa 2footsidesetback in lieu of the25-foot required setbacks in the E-1 (Estate 1) zone district. The purpose of the Variance is to allowan existing buildingto remain, adjust anexisting setback to allow for further addition. Staff recommends approval. LOCATION:3265 Eiger Trail. Estes Park, CO 80517 VICINITY MAP:See attachment APPLICANT/OWNER:Lance Foss, Lisa M. Zahn/ Same as Applicant STAFF CONTACT:Robin Becker, Planner I PROJECT DESCRIPTION:The Variance would allow2 foot setback in lieu of the25-foot required setbacks in the E-1 (Estate 1) zone district. The E-1 Estate-1zone district requires a 25-foot setback on all sides. Thelot has an existing housethat already extends 23feet into theeast sidesetbackor 2feet from the property line. According to County Research the previous zoning for this lot was A-Accommodation when the house was built in 1978. Since Windcliff Subdivision was a PUD it is unknown but conceivable that zero setbacks were given.The records available to staff are not clear on what setbacks were approved for detached single family residences lots in Wind Cliff if any. By correcting this non conformity this would also allow theowners to add on to the house. 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. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 7 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 (Attached). Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No significant comments/concerns were received by reviewing agency staff. Public Comments. Staff has received no public comment to date. Any written comments received after February 26, 2018 will be posted to the “Current Applications” webpage under public comment. 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: The property is approximately .34-acres in size and is zoned E-1 (Estate-1). The setbacks for E-1 are 25 feet on all sides. The existing house is placed within the setback on the east side by 23 feet. Furthermore the topography of the Windcliff subdivision greatly limits the building structure and layouts of buildings. Staff believes that the special circumstances of both the house existing in the setback and the topography of the subdivision are not common and will not nullify the intent and purposes of the specific standards the code or the comprehensive plan. 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: Without the Variance, there can be beneficial use of the property. This variance would tidy up the non-conforming structure already in the setback. Also without the variance development for future use (e.g. the proposed addition) is greatly limited due to non- conforming house and setbacks. b) Whether the variance is substantial; Staff Finding: The requested variance would establish a setback at 2’ out of 25’. This is an 92% variation from the code. The overall proposed setback is substantial but the 23’ requested where the house is currently located will be minimal as the house has been located in it’s current location for quite some time. Staff does not find that granting this variance would be a substantial request. 3265 Eiger Trail– Building setback variance Page 2 of 4 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 character of the area would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to drainage, migration corridors, etc). Most of the encroachment occurred many years ago. Staff believes the proposed variance would not cause any detriment to nearby properties. d) Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance would not adversely affect the delivery of public services such as water and sewer. Upper Thompson Sanitation has provided a comment that states they, “have no objection to the proposed variance request.” Town Utilities did not have any comments. Larimer County Building stated “Since the eastern property line is a street frontage (Eiger Trail) there is sufficient fire separation distance to its centerline, negating possible concerns over wall construction and any doors or windows on that side. Granting the setback variance and/or easement vacation will not exacerbate any existing building code issues.” Staff believes the proposed variance would not cause any detriment to the delivery of public services. e) Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant purchased the property and was not aware of the building being within the setbacks. Staff finds that granting the variance would help the applicant overcome the hardship of making sure the home is within compliance and allow for the building of a compliant addition. f) Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The house is already built within the setback; short of tearing down the house the applicant’s predicament is pretty limited outside of granting the variance. One option is to allow the house to remain within the setback and continue to be a nonconforming structure and not allow the building of the addition or other elements requiring permits. Staff finds this inappropriate for the applicant as the house was already within the setback when the property was bought. 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: 3265 Eiger Trail– Building setback variance Page 3 of 4 The conditions of this application are not general to the Estes Valley. It is not common to have structures located partially within a required setback. Although it can be argued that the zoning of this (and other) properties is wrong to begin with, any significant change in zoning is not likely to be accomplished quickly or easily. A variance is the only feasible alternative in the short term. 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: No reduction in lot size or increase in number of lots is proposed by this variance request. 5) If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A setback Variance as requested would be the least deviation from Code that would allow the existing building to continue to be located at this site. 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 variance does 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 be placed on this approval. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Agency Comments 3. Public Comment 4. Statement of Intent 5. Application 6. Variance sign photos 7. Site plan 3265 Eiger Trail– Building setback variance Page 4 of 4 March 6, 2018 ATTN: Lance Foss and Lisa Zahn 3265 Eiger Trail Estes Park, CO 80517 RE: 3265 Eiger Trail Setback Variance Mr. Foss, The property addressed as 3265 Eiger Trail requested a setback variance at the Board th of Adjustment March 62018 meeting. The request was for 2 feet on the east property setback. Thisproperty is zoned E-1 for Estate –One and the setbacks for that zoning are 25 feet on all sides. The Board of Adjustment granted the 2 feet on the east property setback. Please let me know if you need additional information. Thanks, Robin Becker Planner I 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Community Development Department970-577-3720 Planning & Zoning rbecker@estes.org