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Home My WebLink AboutVARIANCE Setback 460 Valley Rd 2022-04-05 COMMUNITY DEVELOPMENT Memo To: Chair Wayne Newsom Estes Park Board of Adjustment (BOA) Through: Jessica Garner, AICP, Community Development Director From: Alex Bergeron, Planner II Date: April 5, 2022 Application: Variance Request 460 Valley Road Stanton and Mary Peterson, Owners/Applicants Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the staff report. Objective: The applicant requestsa variance to Table 4-2 of the Estes Park Development Code (EPDC) to permit a two-foot (2’) setback in place of therequired 25’ front setback on the north property line. Location: 460 Valley Road, which Parcel 3523400037, legally described as “COM AT PT 556 FT N, 1000 FT W OF SE COR 23-5-73, S 128 FT, W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM AT PT 556 FT N, 1000 FT W OF SE COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N 89 49' E TPOB” and hereinafter referred to as “the Property.” Background: The Property is located in the E-1 (Estate/1-acre min. lot size) Zone District. The Property has no street frontage (public or private), is accessedvia gravel drive, which itself extends off of the driveway of a Religious Assembly use located west of the property at 450 Valley Road. The acreage of the Propertyis below the zone district minimum lot size of one acre, and the true acreage of the site is not clear. Larimer County’sAssessorliststhe Property at0.49 acres,though the true acreageis smaller because the Assessor considers two separate lots as one lot. The site is actually two separate lots,perthe legal description (see “also” statement) and two deeds recordedin 1971. The deeds were created before the Town of Estes Park adopted its subdivision standards, and the Community Development Department has determined the lots to be separate parcels, as shown on the attached site plan. The two lots do function as one property, and seem to be conveyed as a couple, but the smaller, upper lot is not being considered as part of the variance request (see Figure 1: “Subject Parcel” below; and see alsoAttachment 1: “Application Form,”Attachment 3: “Statement of Intent,” Attachment 3: “1971 Deeds,” and Attachment 4: “Proposed Site Plan.”). Figure 1:Subject Parcel A portion of the existing house, originally built in 1913, encroaches into the 25’ setback area, including thedeck. A variance for these encroachments was granted by the Estes Valley Board of Adjustment on May 6, 2008. Project Description Overview: The applicants are seeking a 23-foot setback variance to construct an accessory structure two feet from the northern property line. The accessory structure would contain garage space on the lower level, and, if authorized through the Conditional Use Permit (CUP) process outlined in EPDC §3.16 and §5.2, an Accessory Dwelling Unit (ADU). Location and Context The Property is located in the E-1 (Estate/1-acre min. lot size) Zone District between W. Wonderview Avenue and W. Elkhorn Avenue (see Figure 2: “Vicinity and Zoning Map” below). Figure 2: Vicinity and Zoning Map Land Use Summary Table 1: Zoning and Land Use Summary Comprehensive Plan ZoneUses Subject Estate E-1 Single-family Res. Site Single-family Res./ North Estate E-1 Vacant South Estate E-1 Single-family Res. East Estate E-1 Single-family Res. West InstitutionalAReligious Assembly Review Criteria: The Board of Adjustment is the decision-making body for this application. In accordance with EPDC§3.6.C.(Variances –Standards for Review), applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. Staff findings on these standards and criteria are outlined below: §3.6.C.1: Special circumstances or conditions exist. Staff finding: The Property is unusual in its location, size, and configuration. §3.6.C.2(a): Whether there can be any beneficial use of the property without the variance. Staff finding: The Property has been used as a residencefor decades. §3.6.C.2(b): Whether the variance is substantial. Staff finding: A 23-foot setback variance represents a 92% encroachment. However, while the smaller, northern lot is not a factor as a basis of setback distance, the two parcels have functionally behaved as one for more than 50 years, and the variance may be of lesser magnitude in terms of neighborhood perception. §3.6.C.2(c): Alteration to neighborhood character/local detriment. Staff finding: Primary structures with accompanying accessory structures are common in the immediate vicinity and in the E-1 Zone District. The proposed structure would replace an existing shed at the proposed location. (See also comment on §3.6.C.2(b) above.) §3.6.C.2(d): Adverse effecton the delivery of public services such as water and sewer. Staff finding: All utility agenciesare satisfied with the proposed plans as presented to the BOA. §3.6.C.2(e):Whether the Applicant purchased the property with knowledge of the requirement. Staff finding: Unknown. §3.6.C.2(f): Whether the Applicant’s predicament can be mitigated through some method other than a variance. Staff finding: It may be possible to position the structure outside of the setback area, though the position of the existing driveway logically leads to the proposed location and there could be impacts to stormwater drainage with a different position. §3.6.C.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 or situations. Staff finding: The Property is unusually small relativeto the standards of the E-1 Zone District, in which lots are intended to be at least one acre in size. §3.6.C.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. Staff finding: Deeds recorded in 1971 showthe two lots in their current form before the Town adopted its subdivision standards and are considered legitimate designators of metes and bounds. §3.6.C.6: No variance for non-permitted use. Staff finding: The residential use is permitted by right in the E-1 Zone District. §3.6.C.7: BOA may grant conditions to ensure objectives are met. Staff finding: Staff does not recommend additional conditions. Reviewing Agency Comments: This request has been routed to reviewing agency staff for review and comment. Comments received were either neutral or in favor of the request (see Attachment 5: “Agency Review Comments”). Public Notice: Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report, several telephoned public inquiries were received and no written comments have been received for the variance request. Written notice was mailed to adjacent property owners on March 17, 2022. Legal notice was published in the Estes Park Trail-Gazette on March 18, 2022. Application was posted on the Town’s “Current Applications” website as of March 18, 2022. “Development Proposal Under Review” sign was posted at the Property prior to that date (see Attachment 6: “Posted Notice”). Advantages: Approval of the variance request would permit the owners a reasonably sized accessory structure. Accessory structures are not uncommon in the E-1 Zone District, which is a semi-rural, lower density zoning designation. Development of an ADU, if permitted through the CUP process, would create additional housing in Estes Park. The community is currently facing a housing shortage. This proposal may advance Comprehensive Plan Community Wide Policy 5.2 – the creation of housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. Disadvantages: The setbackvariance requested could be perceived as very substantial, which calls the purpose of setbacks into question. Action Recommended: Staff recommends APPROVAL of thevariance request, based on staff findings listed above. Finance/ResourceImpact: N/A Level of Public Interest: Low. Sample Motion: I move that the Board of Adjustment APPROVE the variancerequest, in accordance with the findings as presented. I move that the Board of Adjustment deny the variance request, finding that \[state findings for denial\]. I move that the Board of Adjustment continue the variance request to the next regularly scheduled meeting, finding that \[state reasons for continuance\]. Attachments: 1. Application Form 2. Statement of Intent 3. 1971 Deeds 4. Proposed Site Plan 5. Agency Review Comments 6. Evidence of Posted Notice See"PresentSituation"instaffreport-AEB Thispointisnotclear.The11' setbackwouldonlyapplyifthe lotswereconsideredtobe one.Whileacouple,theyare separateparcels-AEB N Actioncommentsresolved 3/23/2022-AEB April 5, 2022 Lonnie Sheldon Van Horn Engineering 1043 Fish Creek Road Sent via email to: lonnie@vanhornengineering.com RE: Peterson Variance Dear Lonnie: Please be advised that the Estes Park Board of Adjustment, at its public hearing held on April 5, 2022, voted to approve the request for a 23-foot setback variance along the north property line of the subject parcel at 460 Valley Road to support the construction of an accessory structure, as illustrated in Figure 1.. This approval was made with the following condition: 1. A setback certificate shall be submitted to the Community Development Department following construction to evidence compliance with the approved setback distance. The building permit must be obtained within one (1) year of this approval or the approval will be null and void. Please contact me at 970.577.3729 or abergeron@estes.org if you have any questions. Regards, Alex Bergeron Planner II cc: John Bostron, Aldrich Builders 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG /ƚƒƒǒƓźƷǤ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ ВАЉΏЎААΏЌАЋЊ tƌğƓƓźƓŭ 5źǝźƭźƚƓ ƦƌğƓƓźƓŭθĻƭƷĻƭ͵ƚƩŭ Figure 1: 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG /ƚƒƒǒƓźƷǤ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ ВАЉΏЎААΏЌАЋЊ tƌğƓƓźƓŭ 5źǝźƭźƚƓ ƦƌğƓƓźƓŭθĻƭƷĻƭ͵ƚƩŭ