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HomeMy WebLinkAboutVARIANCE Landscape Buffer Mountain Wood Townhomes 2018-04-03 260 Stanley Avenue–Landscapingand Landscaping BufferVariance 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:April 3rd2018; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section7.5.F.2 and 7.5.G.2 Landscaping and Buffer F. Buffering and Screening G Parking Lot Landscaping.The Variance would allowthe location of parking spaces within the 15’ landscape buffer. The second part of this variance is to waivethe required landscaping buffer The purpose of the Variance is to allowparking spaces where the 15’ landscaping buffer would be required. This variance also requests in lieu of the required landscaping provide an alternate plan for the planting requirements. Staff recommends approval. LOCATION:260 Stanley Ave.Estes Park, CO 80517 VICINITY MAP:See attachment APPLICANT/OWNER:Michael and Cynthia Kingswood/ Same as Applicant STAFF CONTACT:Robin Becker, Planner I PROJECT DESCRIPTION:The Variance would allowlocation of parking spaces within the 15’ landscape buffer. The second part of this variance is to waive the required landscaping buffer and request use of an alternate plan for planting requirements. This request is part of an eight unit townhome development on the current site. The lot size is a .50 acre lot that due to the unique shape of the site greatly limits where access, units, and parking can be located. The preliminary plan for the site was discussed with Estes Valley Fire and the current layout is designed to accommodate accessfor turnarounds for the trucks. Furthermore access easements greatly limit thelocation of where multi story units could be located,hence the current configuration. This limited where 5 of the required parking spaces could be located. The conflict occurs becausethe only location on site left is for both the required landscaping buffer and parking on the east lot is not large enough. The landscaping is requested to not be located in the 15’ buffer from parking as the public sidewalk is located more than 10’ east of the property line and landscaping in the Public ROW is not permitted by Public Works. 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 March 29, 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 .50-acres in size and is zoned RM. There are zero setbacks for this Townhome Development. The required fire access and unique shape of the lot are not common to other areas or buildings. Staff believes that the special circumstances of both the required access, and site shape 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 cannot be beneficial use of the property. This variance would allow multifamily housing, which is greatly needed in the Estes Valley to develop and still provide for landscaping planting and required parking. All will provide adequate parking and access. b) Whether the variance is substantial; Staff Finding: The requested variance would establish required parking where the landscaping buffer would have been. The overall proposed landscaping variance is 260 Stanley Ave– Landscaping/ Landscaping Page 2 of 4 Variance substantial but the proposed five parking spaces will be minimal as the location accommodates access needs on site. Staff does not find that granting this variance would be a substantial request. 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). The ROW will not be planted on and public sidewalk provided for. Furthermore there are limited properties that would be impacted to the east. 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. Town Utilities did not have any comments. 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 was unaware of the Estes Valley Fire access requirement until far into the preliminary site design stage. Staff finds that granting the variance would help the applicant overcome the hardship of making sure the Townhome Development is within compliance and providing adequate landscaping and parking on site. f) Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: As stated previously the applicant was made aware of the requirements for the parking and landscaping on site. This impacted the site design and staff worked with the applicant to try and accommodate the design as much as physically possible with the difficult shape of the lot. Staff finds that short of not allowing the development to occur there is no other method that can mitigate. 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 landscaping buffers and requirements waived. Although it can be argued that the landscaping required of this (and other) multifamily properties is excessive to begin with, 260 Stanley Ave– Landscaping/ Landscaping Page 3 of 4 Variance any significant change in zoning requirementsis 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 Landscape/ Landscape Buffer Variance as requested would be the least deviation from Code that would allow the current development proposal to be built at this site furthering housing needs. 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 260 Stanley Ave– Landscaping/ Landscaping Page 4 of 4 Variance ! TUBUFNFOU!PG!JOUFOU!! TUBOMFZ!BWFOVF!UPXOIPNFT! MBOETDQJOH!WBSJBODF! pg!b!Qpsujpo!pg!Mpu!31-!Mjuumf!Qsptqfdu!Npvoubjo!Beejujpo!up!uif!Upxo!pg!Ftuft! Qbsl-!371!Tubomfz!Bwfovf-!Ftuft!Qbsl-!Dpmpsbep! ! WBSJBODF!SFRVFTU;! Uif!efwfmpqnfou!jt!tffljoh!b!wbsjbodf!up!qbsljoh!mpu!mboetdbqjoh!cvggfs-!bt!xfmm!bt!qmbdjoh!uif! qbsljoh!bsfb!jo!tbje!mboetdbqf!cvggfs/!Uif!wbsjbodft!sfrvftufe!cpui!mjf!bmpoh!uif!fbtufso!qspqfsuz!mjof/! !! QSPKFDU!MPDBUJPO;! Uif!qspqptfe!efwfmpqnfou!jt!xjuijo!Mpu!31!pg!uif!Mjuumf!Qsptqfdu!Npvoubjo!Beejujpo!up!uif!Upxo!pg! Ftuft!Qbsl-!DP!bu!371!Tubomfz!Bwfovf/! ! PXOFST;! 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Qbhf!3!pg!3! ! April 13, 2018 ATTN: Mike and Cynthia Kingswood 152 Stanley Circle Dr. Estes Park, CO 80517 RE: 260 Stanley Avenue Townhome Landscaping and Landscaping Buffer Variance Mr. Kingswood, The property addressed as 260 Stanley Ave. requested a landscaping and landscaping rd buffer variance at the Board of Adjustment April 32018 meeting. This property is zoned RM for Residential-Multifamily. The request was to allow parking spaces where the 15 landscaping buffer would be required along with waiving the required landscaping buffer for an alternative landscaping plan. The Board of Adjustment granted the landscaping and landscaping buffer variance 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