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Home My WebLink AboutVARIANCE Setback 421 Ridge View Ln 2019-06-04 421 Ridge View Lane –Front 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 MEETINGDATE& LOCATION:Tuesday, June 4, 2019; 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.CTable 4-2Base Densityand Dimensional Standards Residential Zoning Districts,to permit a 5-foot front setback in lieu of a 15-foot front setback as required by the E (Estate) residential zoning district. The purpose of the variance request is to accommodate access to the main structure from the garage and parking area, connect the lower and upper walkway, and add decking to square current deck limits. Staff recommends approvalof this request. LOCATION:421 Ridge View Lane, Estes Park, CO 80517 (Town) VICINITY MAP:See attachment#1 APPLICANT/OWNER:Karen Sparks Guenther/ Mark Guenther STAFF CONTACT:Brittany Hathaway, Planner II PROJECT DESCRIPTION: The property is located in the E (Estate) zoning district, which requires a 15-foot front setback. The home is currently served by an elevated deck/walk that extends 7.3 feet into the public right- of-way, outside of the existing lot line. The proposed improvements would include removal of the existing deck/walk and replacement with a modified deck for access,located wholly within their lot limitsthat would more closely conform to setbacks than the current structure. The proposed deck is bi-level for access to both the lower and upper entrances from the garage and parking areaand is projected to encroach up to 10 feet into the 15-foot front setback. REFERRALAND PUBLIC COMMENTS: Public Notice.Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. 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 hasalso posted a “Development Proposal underReview” sign on the property. Affected Agencies.This request has been routed to reviewing agency staff for review and comment.No commentsor concerns were received by reviewing agency staff. PublicComments.Staff has received no public comment on this request. 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. 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 theintent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: Significant circumstances and conditions exist due to topographic conditions and access to the property. The home is located on a steep slope with approximately 8 to 10 feet of drop in existing grade at the main entrance. An elevated deck is required for primary access to the structureresulting in a practical difficulty. The applicant is proposing to remove an existing deck/walk that encroaches into a public right-of-way and over the property line and replace with a more conforming deck that will connect to the existing garage and parking area. The proposal does not impair the intent and purposes of the EVDC or the Comprehensive Plan as it is harmoneous with common land uses and maintains property utilization. 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 canbe marginalbeneficial use of the propertywith its current configuration.The home is located on a steep slope that requires locating a structure within the setback to allow for access to both the upper and lower level safely. b)Whether the variance is substantial; Staff Finding:The requested variance is substantial with a request of a reduction in the front setback from 15 feet to 5 feet. However, the request allows for the removal of an existing structure that is even less conforming and will pull back deck and railings approximately 12 feet from the existing encroachment condition. 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 areawould not be substantially altered, and the adjoining properties would not suffer a detriment (no impact todrainage, migration corridors, etc). 421 Ridge View Ln –Setback VariancePage 2of 4 June 4, 2019 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. This project has been routed to affected agencies and noconcerns were expressed. e)Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant purchased the property in its current configuration. f)Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Due to the location of the existing garage and parking area, the applicant’s predicament cannot be mitigated through another method other than a variance. Any walkway from the parking area that may allow for elevated access to the primary structure would encroach into the front setback. 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 circumstance is not general or reoccurring. It is specific to this property due to topographic and access restrictions. 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: Thesetback variance as requested would be the least deviation from regulationsthat would allow for the proposed deck access addition. 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. 421 Ridge View Ln –Setback VariancePage 3of 4 June 4, 2019 7)In granting such variances, the BOA may require such conditions atwill, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding:Staff isnot recommending any conditionsbe placed on this approval. STAFF RECOMMENDATION:Staff recommendsAPPROVAL of the requested variance. SUGGESTED MOTIONS: I move to APPROVEthe requested variancewith findings and conclusions as outlined within the staff report. I move toDENY the requested variance with thefollowing findings (state reason/findingsfor denial). ATTACHMENTS: 1.Vicinity Map 2.Site Plan 3.Statement of Intent 4.Application 5.Sign Posting and Site Photos 421 Ridge View Ln –Setback VariancePage 4of 4 June 4, 2019 276 401 401 401 421 405 421 450 409 461 4®¶ ®¥ %²³¤² 0 ±ª ΓΑΐ 2¨£¦¤ 6¨¤¶ , 421 Ridge View Lane –Front Setback Variance–Site Photos June 4, 2019 Mark Guenther & Karen Sparks Guenther 421 Ridge View Lane Estes Park, CO 80517 RE: Setback Variance–421 Ridge View Lane Dear Mr. and Mrs. Guenther, Please be advised that the Estes Valley Board of Adjustment, at its public hearing held on June 4, 2019, voted to approvethe request to allow a variance at your property addressed 421 Ridge View Lane, legally described as Lot 8 & 9 of Rock Ridge Estates. This variance allows a front setback of 5 feet in lieu of the 15-foot minimum required in the E-Estate zoning district. Please keep this letter for your records. Should you have any questions, please contact the Planning Department at 970-577-3721. Sincerely, Brittany Hathaway Planner II Cc:Tom Bergman, Van Horn Engineering 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Community Development Department970-577-3721 Planning & Zoning bhathaway@estes.org