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Home My WebLink AboutVARIANCE Setback 1571 Saint Moritz Trl 2018-08-07 ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: August 7, 2018, 9:00 a.m.; Board Room, Estes Park Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: The applicant requests two (2) Variances from the Estes Valley Development Code. 1. Variance #1: From Section 4.3(C)(4) Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts; to permit a fourteen (14) foot rear setback from the west property line in lieu of the 25-foot minimum per the E-1 Estate Zoning District. 2. Variance #2: From Section 4.3(C)(4) Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts; to permit a three (3) foot front setback from the east property line in lieu of the 25-foot minimum per the E-1 Estate Zoning District. Staff is recommending approval of this variance. LOCATION: 1571 St. Moritz Trail, Estes Park, CO LEGAL DESCRIPTION: Lot 2, Block 4 amended plat of Windcliff Estates 5th Subdivision, and replat of Lot 41/2 Webster Bighorn Subdivision, a PUD, Larimer County, Colorado. EXISTING ZONING: E-1, Estate Zoning VICINITY AND SITE MAP: See attachments APPLICANT/OWNER: Jamin Rucker/Jason Brown & Mindy Bakker STAFF CONTACT: Brandon Howes & Ross Culbertson, Consulting Town Planners PROJECT DESCRIPTION: The Variance request is to grant alternative front and rear setbacks in lieu of the established 25-foot minimum front and rear setbacks required by the E-1 Estate Zoning District. 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 setbacks associated with the E-1 zone district went into effect and created a situation where many lots within the Windcliff subdivision are considered unbuildable, due to the narrowness and steep slope of the lots. Granting this variance request will allow the applicant to build a modest sized home. Several other lots within the Windcliff subdivision have also required variances to the building setback requirements due to narrowness and steep slopes. 1571 St. Moritz Trail., Variance Request Front and Rear Setbacks 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 1 1571 ST. MORITZ TRAIL VARIANCE REQUEST, FRONT & REAR SETBACKS PAGE 2 OF 4 REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to adjacent property owners within 100 feet of the subject property. 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 sign on the property. Affected Agencies. The request has been routed to reviewing agency staff for review and comment. All comments received from affected agencies have been resolved. REVIEW CRITERIA: In accordance with 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 0.365 acres and is zoned E-1, Estate. The established E-1 zoning district requires a minimum lot size of 1.0 acre and 25-foot side setbacks from all property lines (front, sides, and rear). This lot is one of the narrower lots within the Windcliff subdivision and the location of St. Mortiz Trail further complicates the access to this site. In this area, St. Moritz Trail is located east of the right-of-way, and therefore further east from the property line. Because of the steep slope in this area, the driveway and home need to be placed as close as possible to the eastern property line. The applicant states this is the best location to site the proposed home because of the driveway difficulties associated with this lot. By placing the home in this location, the driveway is accessible. However, the grades will still be excessive at up to 12%, which is within acceptable grade limits by the Town code. 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 limited beneficial use of the property under the current conditions. The north side of the lot is very narrow with the existing building setbacks and it would be difficult to fit even a modest sized home within the prescribed building setbacks. b. Whether the variance is substantial; Staff Finding: The variances are considered substantial. However, allowing the decrease in setback widths from 25-feet to 14-feet on the west and 3-feet on the east side are logical and reasonable to remedy the challenging site conditions. Staff understands that when the E-1 zoning was established in 2000 over the entire neighborhood, it potentially created hardships on existing properties by setting criteria for larger lot areas and larger setbacks. 2 1571 ST. MORITZ TRAIL VARIANCE REQUEST, FRONT & REAR SETBACKS PAGE 3 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: Staff does not find that the character of the neighborhood would be altered, and there would be no detrimental impacts to adjoining properties with approval of the proposed variance. A home in this location would be consistent with other properties in the Windcliff subdivision. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. Although the owner is simultaneously applying for vacation of the 10ft utility easement on the east side of the property. The utility companies have signed off on this request as there are no utilities currently located within this utility easement. In addition, utility locates were performed for the site and utilities for this proposed home will be pulled from the existing utility lines within Eiger Trail, which lies to the west of this property. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and was readily available to the public. The current owner purchased the property in 2018 and is currently aware of this requirement. However, if this variance is not granted it is likely that any future owner will have difficulty locating a similar residential structure due to the zoning setback constraints. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: There is no alternative method or zoning process available that would allow construction of the proposed single family home on this site. 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 variance to allow the site to be accessed in a reasonable manner. 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Comment. Staff finds the variances requested are reasonable due to the existing site condition and do not foresee the need for additional conditions. The BOA is welcomed to review and consider additional conditions as needed. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. 3 1571 ST. MORITZ TRAIL VARIANCE REQUEST, FRONT & REAR SETBACKS PAGE 4 OF 4 SUGGESTED MOTIONS: I move to APPROVE the following variances, allowing a fourteen (14) foot rear setback, along the west side of the property and a three (3) foot setback on the east side of the property at 1571 St. Moritz Trail, Estes Park, with findings and conclusions as outlined in the staff report. I move to DENY the requested variances with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan 4 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! E A G L E C L I F F D R WIN D C LIFF DR Z E R M A T T T R L SAINT MO RIT Z T R L 3125 3243 3245 3247 3101 3175 1521 1531 1541 1551 1561 1680 1695 1641 1645 1637 1637 3225 7303 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.±1571 St. Moritz Trail Printed: 8/1/2018Created By: Brittany Hathaway 0 80 160Feet 1 in = 160 ft 13 8 9 10 11 5 6 7 12