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Home My WebLink AboutVARIANCE Setback 1077 Fall River Ct 2018-09-11 1077Fall River Ct.,VarianceRequest FrontSetback 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:September11, 2018,9:00 a.m.; Board Room, Estes Park Town Hall,170 MacGregor Avenue APPLICANT REQUEST:The applicant requests avariance 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 a ten and one-half(10.5) foot front setback fromthe westproperty line in lieu of the 25-foot minimum per the E-1 Estate Zoning District. Staff is recommending approval ofthis variance. LOCATION:1077 Fall River Ct,Estes Park, CO LEGAL DESCRIPTION:Lot 7,Block 2,Fall River Estates,Larimer County, Colorado. EXISTING ZONING:E-1, Estate Zoning VICINITY AND SITE MAP:See attachments APPLICANT/OWNER:Mike and Brenda Lauer STAFF CONTACT:Brandon Howes,Consulting Town Planner PROJECT DESCRIPTION:The Variance request is tograntan alternative front setback in lieu of the established 25-footminimum front setback required by theE-1Estate Zoning Districtto build a covered frontentryfeature.The lot was platted prior to the Town’s rezoning efforts in February 2000, when the Estes Valley Development Code became effective. During this rezoning,the 25-foot side setbacksassociated with the E-1 zone district went into effect.Although the home was built in 2001 and is located immediately east ofthe 25’ front setback, thecurrent building and driveway location does not allowfor acoveredfrontentrystructureoutside of the building setback area.In addition, due to the steep slopes on this lot, it is not possible to locate a driveway and covered front entry structure on a different side of the home. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to properties in accordance with EVDC, Section 3.15 General Notice Provisions.A legal notice was published in the Estes Park Trail-Gazetteand 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. This report includes attachments of pertinent memos and emails from the reviewing agencies regarding this review. 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 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:Special circumstances exist on the property. The property contains 0.49acresand is zoned E-1, Estate.The established E-1 zoning district requires aminimum lot size of 1.0 acre and 25-footbuilding setbacks from all property lines (front, sides, and rear).The subject property is located on a steep hillside that prevents the use of conventual construction methods within the buildable area on the property. The existing house waslocated in its current configuration to minimizedisturbanceto the lot as well as minimize the driveway approach grades to the residence. Therequested variance will allow the applicant to construct an architectural feature(covered frontentry)that is consistent with the general style of the surrounding homes in the neighborhood. The feature is proposed to be located in a landscape area between the existing residence and the concrete drive that approaches the residence. 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 is beneficial use of the property without the variance. 1077F ALL R IVER CT.P AGE 2 OF 4 V ARIANCE R EQUEST,F RONT S ETBACK b.Whether the variance is substantial; Staff Finding:The variance isconsidered substantial. However, allowing the decrease in the front setback width from 25-feet to 10.5-feet on the west isthe most logical and reasonableway toaccommodate thechallenging site conditions. Staff understands that when the E-1 zoning was established in 2000,it potentially created hardships on existing properties by setting criteria for larger lot areas and larger setbackson smaller lots, such as the applicant’s.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.The architectural style of the proposed project is compatible with surrounding structures. 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.However, staff has advised the applicant to be aware that there is a buried electric line underneath the proposed covered entry. Therefore,the applicant must ensurethat the existing electric service is located prior to any excavation or construction and to ensure the line remains untouched and with no structure directly on top of it. e.Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding:The applicant was not aware of the proximity of the structure to the setback lineat 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 construction of this covered front entry. 3.If authorized, a variance shall represent the least deviationfrom the regulations that will afford relief. Staff Finding:There is no process that could provide a lesser deviation than the proposed varianceto allow the covered front entry. 1077F ALL R IVER CT.P AGE 3 OF 4 V ARIANCE R EQUEST,F RONT S ETBACK 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 site condition and doesnot foresee the need for additionalconditions. The BOA is welcome to review and consider additional conditions as needed. STAFF RECOMMENDATION:Staff recommends approvalof the requested variance. SUGGESTED MOTIONS: I move to APPROVEthe following variance, allowing a ten and one-half(10.5’) foot front setback, along thewest side of the propertyat 1077Fall River Ct.,Estes Park, with findings and conclusions as outlined in the staff report. I move toDENY the requested varianceswith thefollowing findings (state reason/findings). ATTACHMENTS: 1.Vicinity map 2.Statement of Intent 3.Application 4.Site Plan 5.Variance Sign 1077F ALL R IVER CT.P AGE 4 OF 4 V ARIANCE R EQUEST,F RONT S ETBACK 1087 1081 UNIT 9 UNIT 5 UNIT 10 UNIT 6 2265 1086 A 1061 2275 1084 1041 1082 UNIT 18 1051 R D E C U R P S E U L B 2180 2250 1079 E-1 1067 1077 1069 1076 Subject Property 1064 UNIT 1 1064 UNIT 2 UNIT 3 UNIT 4 1071 1074 1075 1062 RM UNIT 5 UNIT 6 UNIT 7 1073 UNIT 8 1072 UNIT 9 1068 1060 UNIT 10 UNIT 11 UNIT 12 RE 4®¶ ®¥ %²³¤² 0 ±ª ΐΏΖΖ & «« 2¨µ¤± #®´±³ 2191 LARKSPUR AVENUE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com September 11, 2018 Mike and Brenda Lauer 1077 Fall River Court Estes Park, CO 80517 RE: Setback Variance Dear Mr. and Mrs. Lauer, On September 11, 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 10.5’ front setback from the western property line in lieu of the required 25’ front setback per the E- 1 Estate zoning district standards. 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