HomeMy WebLinkAboutMINOR MODIFICATION 266 Baker Dr 2010-02-18
DATE: February 18, 2010
REQUEST: Minor Modification from the “RE” Rural Estate 25-foot setback requirements.
LOCATION: 266 Baker Drive
within unincorporated Larimer County
APPLICANT: Thomas Beck
PROPERTY OWNER: John and Kimberlee Ackelson
STAFF CONTACT: Dave Shirk
REVIEW CRITERIA: Pursuant to Section 3.7 “Minor Modifications”, “Staff may grant minor modifications up to a maximum of ten percent (10%) from the following general development and
zone district standards, provided that the Staff finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective
environmental or open space preservation, or relieves practical difficulties in developing a site:
(1) Minimum lot area requirements;
(2) Yard and building setback requirements;
(3) General development standards set forth in Chapter 7; or
(4) Subdivision design standards set forth in Chapter 10.
Does this modification advance the goals and purposes of the Estes Valley Development Code?
Staff Finding: Yes. The intent of the setback requirements is still met.
Does this modification result in less visual impact or more effective environmental/open space preservation?
Staff Finding: Yes, compared to tearing down the existing small dwelling and building a new one.
Does this modification relieve practical difficulty? In accordance with Section 3.7.A3 of the EVDC, all applications for Minor Modifications shall exhibit “practical difficulties” as
defined in Section 3.6.C2:
Whether there can be any beneficial use of the property without the variance;
Staff Finding: Yes
Whether the variance is substantial;
Staff Finding: The Minor Modification falls within the 10% limit set by the EVDC, and is not substantial.
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 essential character of the neighborhood would not be substantially altered and the adjoining properties would not suffer a substantial detriment.
Whether the variance would adversely affect the delivery of public services such as water and sewer;
Staff Finding: The Minor Modification would not adversely affect the delivery of public services.
Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding: This factor is not intended to address whether or not the property owner reviewed Estes Valley Development Code to determine which setbacks are applicable to his/her
property.
Whether the Applicant's predicament can be mitigated through some method other than a variance.
Staff Finding: The applicant’s predicament could not be mitigated through some method other than a variance.
STAFF DETERMINATION: Based on the foregoing, Staff has approved CONDITIONAL TO:
Compliance with the approved site plan and building design.
Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies
that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation
forms to ensure compliance with the approved variance.
LAPSE: Failure of an Applicant to apply for a building permit and commence construction or action with regard to the minor modification approval within one (1) year of receiving approval
of the minor modification shall automatically render the minor modification null and void.
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Ackelson Minor Modification Request
Estes Park Community Development Department
Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com