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HomeMy WebLinkAboutVARIANCE Setback 840 Ramshorn Dr 2018-06-05 840 RamshornDr.–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:June52018; 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 5-footfrontsetback in lieu of the15-foot required setbacks in the E (Estate) zone district. The purpose of the Variance is to allowan existingdeckto remain, adjust anexisting setback to allow for future replacement and deckaddition. Staff recommends approval. LOCATION:840 Ramshorn Dr. Estes Park, CO 80517(County) VICINITY MAP:See attachment APPLICANT/OWNER:Nathan Kinley, Kay Evans STAFF CONTACT:Robin Becker, Planner I PROJECT DESCRIPTION:The Variance would allow5-foot setback in lieu of the15-foot required setbacks in the E(Estate) zone district. The EEstatezone district requires a 15-foot front setback. Thelot has an existing housewith a deckthat already extendsroughly11feet into thefront setbackorroughly4feet from the property line.It is unknown when this encroachment occurred and the owner was unaware of the non-conformity until an inspector was looking into the deck replacement. By correcting this non-conformitythis would also allow theowners to make improvements to the deckand ultimatelythe 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. REFERRALAND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 10surrounding 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 May 31, 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 .42-acres in size and is zoned E (Estate). The setbacks for E are 15 from the the front on a local street, 10 from the side and 15 from the rear setbacks. The existing house and primarily the deck is placed within the setback on the north front by 11.6 feet. In order to safely update the deck the nonconformity variance will be expanded through the enclosure of the deck. Staff believes that the special circumstances of both the house existing in the setback and that the enclosure of the deck is technically expanding the nonconformity is 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 clean up the non-conforming structure already in the setback. The applicant could just replace the deck and not enclose it but the reasoning for the enclosure is to make the deck safe and more weather resistant. Also, without the variance, replacement and enclosure of the deck, for safety reasons, would be limited. b) Whether the variance is substantial; Staff Finding: The requested variance would establish a setback at 5’ out of 15’. This is an 66.7% reduction from the code. The overall proposed setback is substantial but the 11.6’ requested where the house is currently located will be minimal as the house has been located in its current location for quite some time. It is unknown when the nonconformity occurred. Staff does not find that granting this variance would be a substantial request. 840 Ramshorn Dr. – Building setback Page 2 of 4 variance 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). 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 two comments that states they,”1. The district has an existing sewer main on the edge of the property line. Proposed deck must be at least 7.5 feet away from the sewer main. 2. Per district rules and regulations, additional system development fees are due for the fourth bedroom.” As of May 31, 2018 these requests are being worked on with the applicant. Town Utilities did not have any comments. Larimer County Building stated they have no comment on the variance request. 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 deck 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 deck 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. Furthermore the deck is the primary entrance into the home and staff finds it inappropriate for the applicant to not improve this addition/enclosure for more entrance safety. 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 840 Ramshorn Dr. – Building setback Page 3 of 4 variance 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 for denial). ATTACHMENTS: 1. Vicinity map 2. Agency Comments 3. Public Comment 4. Statement of Intent 5. Application 6. Variance sign photos 7. Site plan 840 Ramshorn Dr. – Building setback Page 4 of 4 variance June 6, 2018 ATTN: Kay Evans 840 Ramshorn Dr. Estes Park, CO 80517 RE: Setback Variance Ms. Evans, The property addressed as 840 Ramshorn Dr. requested a setback variance at the th Board of Adjustment June 52018 meeting. This property is zoned E-1 for Estate One. The request was for five feet on the north setback. The Board of Adjustment granted the five feet on the north setback request. 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 /ƚƒƒǒƓźƷǤ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ ВАЉΏЎААΏЌАЋЉ tƌğƓƓźƓŭ ε œƚƓźƓŭ ƩĬĻĭƉĻƩθĻƭƷĻƭ͵ƚƩŭ