HomeMy WebLinkAboutVARIANCE Setback 1051 Sutton Ln 2018-04-03
1051 SuttonLane,VarianceRequest
Side Setback
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:April3, 2018, 9:00 a.m.; Board Room, Estes Park Town Hall,
170 MacGregor Avenue
APPLICANT REQUEST:This is a request for approval of a variance toallow a side setback
of 13 feet, in lieu of the 25 foot minimum required in the E-1, Estate Zoning District, per the
EstesValley Development Code (EVDC), Table 4 –2, Base Density and Dimensional
Standards Residential Zoning Districts.
Staff is recommending approval ofthis variance.
LOCATION: 1051 Sutton Lane, in unincorporated Larimer County
LEGAL DESCRIPTION: Within a portion of the NW ¼ of Section 1, Township 4 N, Range 73 W
th
of the 6P.M., Larimer County
VICINITY AND SITE MAP:See attachments
APPLICANT/OWNER:Dianne Richter
STAFF CONTACT: Jeffrey Woeber, Senior Planner
PROJECT DESCRIPTION:This is a request to grant a variance to allowa side setback, along
the eastern property line,of 13 feetin lieu of the 25 foot minimum required in the E-1, Estate
Zoning District. The applicant proposes an addition to an existing residence. A similar variance
was approved for an attached garage, in 2011. That variance was restricted only to that garage
addition.
REFERRAL AND PUBLIC COMMENTS:
Public Notice. Written notice has been mailed to adjacent property ownerswithin 100 feet of
the subject property. A legal notice was published in the Estes Park Trail-Gazette. The
application is posted on the Town’s“Current Applications” webpage. The site has been posted
with a “variance pending” sign.
Affected Agencies. This request has been routed to reviewing agency staff for review and
comment. The memos and emails from reviewing agencies are included as part of this staff
report.
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.These standards and criteria are outlined under “Staff Findings,”
below.
The Board of Adjustment is the decision-making body for this application.
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: Special circumstances do exist—the property, 85 feet in width, was
created well prior to the EVDC adoption in 2000. In 2000, it was zoned to E-1, Estate.
E-1 requires minimum setback distances of 25 feet from all property lines (front, sides,
and rear). Larimer County Assessor’s records show the house was constructed in 1946.
The existing structure was not in compliance with the E-1 setback standards when
applied in 2000, creating a circumstance where it not practical to add to the structure
and meet current setback standards.
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 with the current residence.
b. Whether the variance is substantial;
Staff Finding: The variance may be considered to be substantial, with the 25 foot
minimum setback distance proposed to be reduced to 13 feet. Staff notes when this
property was rezoned in 2000, E-1, with 25 foot side setbacks, was not the most
appropriate zoning to apply to a property of this width that contained an existing
residence.
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 the character of the neighborhood would be altered,
and there would be no detrimental impacts to adjoining properties with approval of the
proposed variance.
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.
e. Whether the Applicant purchased the property with knowledge of the requirement;
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Staff Finding: The EVDC was adopted in the year 2000 and was readily available to
the public. The current owner purchased the property well after the year 2000.
f. Whether the Applicant's predicament can be mitigated through some method other than
a variance.
Staff Finding: There is not a method to construct an addition that will meet the
applicant’s needs, other than through redesigning the addition to be within the side
setback.
3. If authorized, a variance shall represent the least deviation from the regulations that will
afford relief.
Staff Finding: A variance is the least deviation from the regulations. There is no
process that could provide a lesser deviation than the proposed variance.
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 does not find any conditions necessary for granting the variance
request.
STAFF RECOMMENDATION: Staff recommends approval of the requested variance.
SUGGESTED MOTIONS:
I move to APPROVE the requested variance, allowing a side setback of no less than 13 feet,
along the east side of the subject property at 1051 Sutton Lane, Larimer County, with findings
and conclusions as outlined in the staff report.
I move to DENY the requested variance with the following findings (state reason/findings).
ATTACHMENTS:
1. Vicinity map
2. Statement of Intent
3. Application
4. Site plan
5. Review Agency Comments
6. Photograph, Variance Sign
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