HomeMy WebLinkAboutLETTER Variance Minor Modification Approval Divide Townhomes 2024-07-26
Community Development Department Planning Division 970-577-3721 planning@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
July 26, 2024
Mark Westover
Wildfire Homes, LLC
P.O. Box 12
Glen Haven, CO 80532
Sent via email: mark@westoverconstruction.com
RE: Minor Modification Approval– Divide Townhomes Lot Coverage
Dear Mr. Westover,
Community Development staff hereby approves a Minor Modification to exceed the
maximum lot coverage for the Divide Townhomes, specifically Wildfire Homes
Subdivision Lots 14-26, Block 2 as follows:
Staff determined the Variance application you submitted at our direction is eligible to be
considered for a “Minor Modification” (i.e. staff level variance) rather than a Variance to
be reviewed by the Board of Adjustment. Section 3.7.A.2.a. of the Estes Park
Development Code (EPDC) provides staff the authority to grant a Minor Modification to
a General Development and Zone District Standard, “up to a maximum of ten percent
(10%).”
Per EPDC Section 10.5.H.7.e(3), townhome lots shall be limited to no more than 80%
lot coverage. Lot Coverage in excess of 80% is requested in order to avoid use of
pervious pavers in the alley serving the lots per the table above.
Staff approves a Minor Modification as described above finding that the request
complies with EPDC 3.6.C – Standards for Review – as follows:
1. Special circumstances or conditions exist on the property; small lot sizes leave
little or no margin for error in adjusting the amount of lot coverage and
stormwater drainage is not impacted by a higher lot coverage due to the drainage
system design;
Lot Number 16 17 19 20 21 24 25 26
Lot Coverage 86% 84% 84% 84% 84% 84% 84% 82%
COMMUNITY DEVELOPMENT
Community Development Department Planning Division 970-577-3721 planning@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
2. Practical difficulty will result from strict compliance with the Code; there is a
practical difficulty in the long-term maintenance of pervious pavers in the Estes
Park climate in which the applicant was not aware of at the time the development
was approved;
3. The conditions or circumstances affecting the Applicant's property are not of a
recurrent nature as to make reasonably practicable the formulation of a general
regulation for such conditions or situations;
4. The minor modification will not result in an increase in the number of lots
beyond the number otherwise permitted for the total subdivision;
5. The minor modification represents the least deviation from the regulations that
will afford relief; and
6. The minor modification is not related to permitted uses.
This approval shall not constitute an exemption from building permits, zoning, or other
applicable regulations.
Please contact me at (970) 577-3727 or phornbeck@estes.org if you have any
questions.
Regards,
Paul Hornbeck
Senior Planner
cc: Planning Division
Jennifer Waters, Public Works