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HomeMy WebLinkAboutVARIANCE Setback 521 Grand Estates Dr 2017-10-03521 Grand Estates — 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 wwwestes,org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: October 31rd 2017; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 43.0.4 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts, The Variance would allow a 16 foot setback in Iieu of the 25-foot required setbacks in the E-1 (Estate 1) zone district. The purpose of the Variance is to allow an existing building to remain and adjust an existing setback due to a previous unresolved boundary line adjustment of the site. Staff recommends approval LOCATION: 521 Grand Estates Dr. Estes Park , VICINITY MAP: See attachment APPLICANT/OWNER: Eunice Docter / Same as Applicant STAFF CONTACT: Robin Becker, Planner I PROJECT DESCRIPTION: The Variance would allow 16 foot setback in lieu of the 25-foot required setbacks in the E-1 (Estate 1) zone district. The E-1 Estate-1 zone district requires a 25-foot setback on all sides. The lot has an existing house that already extends 8 feet into the east side setback or 17 feet from the property line. This was a result of a previously approved 17.7-17 boundary line adjustment, which erroneously left the housing encroachment unresolved and resulted in a staggered boundary line. This uneven boundary line prohibits the current owners from building a proposed 12 foot garage extension and results in a nonconforming structure within the setback. REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, afl 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 this date will be posted to the "Current Applications" webpage under public comrnent. 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 .98-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 8 feet. It is also unknown when the original boundary line adjustment was done which resulted in an almost 8 foot setback being encroached upon. if the boundary line adjustment had been resolved correctly this variance application would not have been needed. The special circumstances of both the house existing in the setback and the boundary line adjustment are not common to other areas. 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 boundary line adjustment left unresolved many years ago. Also without the variance development for future use (i.e. the garage) is greatly limited due to the boundary lines on the lot, b) Whether the variance is substantial; Staff Finding: The requested variance would establish a setback at 16' out of 25'. This is a 64% variation from the code. The overall proposed setback is substantial but the 16' 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. 521 Grand Estates Dr. - 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 Icorridors, etc). Most of the encroachment occurred 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. Public Works stated "A portion of the proposed garage will be over the gas line. The gas company should be contact for any concerns they may have," The owner is aware and prepared an updated plan to reroute the gas line. 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 compliance garage. 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 garage. 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: 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. 521 Grand Estates Dr. — Building setback variance Page 3 of 4 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 wil 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 and conditions 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 521 Grand Estates Dr. - Building setback variance Page 4 of 4 i< w 1Iii111111111111< ) < 7¥ .++; (1.7()M. :ENT LETTER. Page September 10, 2017 Town of Estes Park 170 MacGregor Ave. Estes Park, CO 80517 Ph: 970-586-5331 RE: Docter Variance Site Plan A portion of Lot 41, Grand Estates Subdivision Variance Request Dear, We have the following comments regarding the variance request forDocter. 1.. A portion of the proposed garage will be over the gas line. The gas company should be contacted fir any concerns they may have., ), Based on the in.lbrination supplied in the graphic .for the variance site plan, we have no further comments. Thank you for your time on these matters. Sincerely, Bruce Roscoe ROSX.THE ENGINEERING, LLU 720-.934-7735 bruccroscoe@roscocengineering.com NEVIENTION E ST"ES VA...LEY F 10.E P DIST R !C PR ,"VENT PREP RE A EVE RFO CIMMENTS Date: August 30, 2017 Project Identification: Grand Estates Referral: Grand Estates Variance Request (Setbacks/Garage Extension) The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the international Fire Code (2015 Edition), the International Building Code (2015 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal / Division Chief Estes Valley Fire Protection District Phone: 970.577.0900 Fax: 970.577.0923 mrobinsonAestesvallevfire.orq Serving the Residents and Visitors of the Estes Valley with Superior Fire and Safety Services AtN VRAIN oi/E. STES PA IK CO 05t7 97 -577- 900 FAX 970-577-0923 P.O. Box 5 • Estes Park, CO 80517 Ph: 970-586-4544 • Fax 970-586-1049 vstvr.utsd.org August 31, 2017 Robin Becker, Planner Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: 521 Grand Estates Drive Variance Request Dear Robin: The Upper Thompson Sanitation District submits the following comments for the above referenced property: . The Upper Thompson Sanitation District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to c mact me. Respectfully, Todd Krula Lines Superintendent EnironnienaI Protection Through Wastewater CollectionCollec:Anz and Treatment James W. & Eunice A. Docter 538 Grand Estates Drive Estes Park. CO 80517 970-586-3033 August 25, 20 7 RE: Statement of Intent for variance for 521 Grand Estates Drive; Estes Park, CO 80517 The existing house already extends into the setback 8 feet, or 17 feet from the property line due to an approved property line adjustment granted many years ago. Due to the slight taper between the existing structure and the property line, the proposed 12 Riot garage extension to the north would encroach perhaps 3 inches further into the setback, hence the request to move the setback line to 16 feet from the east property line ?. (a,b) Although there can be beneficial use of the property without the variance, the change in distance from the house to the property line would be only a few inches less than the current distance. (c)The essential character of the neighborhood would be unchanged and the adjoining property owners should not suffer any detriment by having an addition built approximately 3 inches closer to the property line than the existing home. Garages are universal in this neighborhood and are a winter benefit. Garages allow interior screened stowage. (d)Water and sewer services are already in place and would not he affected by the variance, if granted. (e)The applicant was not aware of the setback encroachment at the time of purchase. (f)The applicant's predicament can not he mitigated through some other method than a variance without major changes to the layout of the house. This is the most logical place to add a garage extension. 3. When the property line adjustment was granted years ago, it resulted in an 8 foot setback encroachment which was left unresolved at that time. This circumstance does not seem to be of a general or recurrent nature. 4. This application for variance does not request a reduction in size of the subject lot nor an increase in the number of lots in the subdivision 5. If authorized this variance shall represent the least deviation from the regulations that will afford relief. 6. We are not asking for a variance in use permitted by our zone district. 7. This variance, in our judge ent, would secure substantially the objective of the setback standard as modified. Thank you- Jim & Eunice Docter ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION General nformation Record Owner(s): 1 0 zirt,k, viA co, Street Address of Lot: ,5 Ar-L pew- o Legal Description: Lot: t, tq Block: Subdivision: ,Cr r-ckV1. d Parcel ID # 177" Lot Size Existing Land Use Praposed Land Use 5 ck,Vvi„ Existing Water Service YrownrWell Proposed Water Service ii"town " Well IT Other (Specify) Existing Sanitary Sewer Service EPSD Proposed Sanitary Sewer Service EPSD i"VUTSD Existing Gas Service 1- None Site Access (if not on public street) C7-- r a. \A- c(a Are there wetlands on the site? r"""" Yes 1-? t Variance Desired Desired (Developrr nt Code Section #): .1)1' (7)_ L„) 0.),r (54-4,f C Primary Contact Inlormation Name of Primary Contact Person Complete Mailing Address Primer Contact Person is Application fee (see attached fee schedu)e) Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) - 1 copy (folded) of site plan (drawn at a scale of 1" = 20') 11 1 reduced copy of the site plan (11" X 17") r Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org " The site plan shall include information in Estes Valley Development Code Appendix 6,V11.5 (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. Town of Estes Pork P,O, Box 120b 1/0 MocOregor Avenue -6 1:s es ark., CO 8.051/ Community Development Department Phone: (970) 577-3721 -6. Fax: (970) 586-0249 -6, www.e51es.org/CorronunityDevelopment Revised' 204 7,01,09 KT Contact Information Record Owner(s) Mailing Address Phone '" Cell Phone c 7 Fax Email Applicant Mailing Address Phone Cell Phone Consultant/Engineer Mailing Address Phone Cell Phone if' / V 0 - 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: vvww.estes.orlanbinaf_9175 AU requests for refunds must be made in writing. All fees are due at the time of submittal. Revi,*,(-1 7nr7 rn n9 VT OWNER & APPLICANT CERTIFICATION As Owner, I edify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I am the record owner of the property, As Applicant, I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). 11- acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: https://www.municode,com/library/CO/estes_valley/codes/development_ code I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC, 1. I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. Lb I understand that a resubmittal fee may be charged if my application is incomplete. 11" The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete, II" I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. 10- I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Po I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked, I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. Names: I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6,D) Record Owner PLEASE PHINr- 30k 11,4 Applicant PLEASE PRINT,',, Signatures: Record Owner Applicant Date Date FePvicr,ri T-11 7 CO no v7