HomeMy WebLinkAboutVARIANCE Setback 4070 Little Valley Rd 2019-12-03
4070 Little Valley Road–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, December 3, 2019, 9:00am; 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 4-2 Base Densityand Dimensional Standards
Residential Zoning Districts,to permit a 30ftsetback on side, in lieu of the 35ft setback
currently in place.
Staff recommends approvalof this request.
LOCATION:4070 Little Valley Road, Estes Park, CO 80517
VICINITY MAP:See attachment#1
APPLICANT/OWNER:Tom Everitt
PROJECT DESIGNER: Jacki Wiedow, Aldrich Builders
STAFF CONTACT:Linda Hardin, Planner I
PROJECT DESCRIPTION:
The property is located in the RE(Rural Estate) zoning district, which requires 50-foot
setbacks on all sides. This lot is 1.5 acres, legally non-conforming for the 2.5 acre
minimum required in the RE zoning district.
On March 6, 2000, the Board of Adjustment granted a setback variance from 50 ft. to 35
ft. along the rear lot line to allow for building the home away fromchallenging slopesof
greater than 20% on the property. The Town received a certificate from Van Horn
Engineering verifying the setback after the home was built.
This home was recently purchased by Mr. Everett. Aldrich Builders, applied for a building
permit to construct a studio in the home. Upon zoning review of this permit, it was
discovered that the deck to the southeast of the property encroached in to the 35 ft.
setback by 4 ft7 in. Following extensive research by the Town and County, it appears
that this deck extension was built without a permit.
The current owner would like to keep the deck in place as removing it would result in an
awkward reconfiguration of the deck. They are aware that upon approval of the variance,
they will need to get an as-built permit from Larimer County to ensure the deckmeets
current building code standards.
REFERRAL AND 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 has also posted a “Development Proposal under Review” sign on the property.
Affected Agencies. This request has been routed to reviewing agency staff for review
and comment. Comments received supported the variance request.
Public Comments. 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 the intent and purposes of either the specific
standards, this Code or the Comprehensive Plan.
Staff Finding:
Circumstances and conditions exist due to topographic conditions of the property
and the legally non-conforming lot size. . The property is located on a steep slope
of 20 degrees.
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:
The single-family home currently on the lot would remain in use.
b) Whether the variance is substantial;
Staff Finding:
The variance is not substantial relative to the current setback allowance.
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 deck has been in place for many years and has not been detrimental to the
neighborhood. The nearest home to the deck is to the south and is over 80 ft.
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December 3, 2019
away. There are slopes and heavily forested area, buffering this home to the home
to the south.
d) Whether the variance would adversely affect the delivery of public services such
as water and sewer.
Staff Finding:
The agencies providing services to this home have reviewed this request and have
no concerns.
e) Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding:
No, the applicant was unaware when he purchased the property that the corner of
the deck was in violation of the EVDC.
f) Whether the Applicant's predicament can be mitigated through some method other
than a variance.
Staff Finding:
Another option to mitigate this situation would be through rezoning the property
from RE Rural Estate zoning to E-1 Estate zoning. E-1 zoning would bring the lot
size into conformance, and the setback would be 25 ft, well within this request.
There are several lots in the Little Valley subdivision, and in this specific area, that
were zoned RE in 1999, and were non-conforming from the start. It would be
impractical to rezone this specific lot within a reasonable time frame without looking
at the entire area, and bringing them all into conformance.
The only other option would be to remove the corner of the deck.
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 typically in the Estes Valley.
However, there are several similar non-conforming lots in the area due to
assignment of the RE Rural Estate zoning that was imposed with the valley-wide
rezoning in 1999.
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.
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Staff Finding:
The setback variance as requested would be the least deviation from regulations
that would allow for the retention of the existing deck.
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 recommends the following condition:
Upon approval of this variance, the owner must apply for an as-
built permit with Larimer County and, if necessary, bring the deck
up to current building code standards.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the requested variance.
SUGGESTED MOTIONS:
I move to APPROVE the requested variance with findings and conclusions as outlined
within the staff report.
I move to DENY the requested variance with the following findings (state reason/findings
for denial).
ATTACHMENTS:
1. Vicinity Map
2. Application
3. Statement of Intent
4. Site Plan
5. Height Certificate
6. Aerial Photo
7. BOA Staff Report of 2000 Variance
8. “Development Proposal Under Review” Sign Posting Photo
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