HomeMy WebLinkAboutVARIANCE 1679 Black Squirrel Dr 2000
DATE: September 5, 2000
REQUEST: A request by Mike Hodel and Dalyn Schmidt for a variance from the 50-foot rear yard setback as required in the “RE” Rural Estate zoning district.
LOCATION: 1679 Black Squirrel Drive, within the unincorporated Estes Valley.
FILE #: Hodel, Mike and
Schmidt, Dalyn
I. PROJECT DESCRIPTION AND BACKGROUND: The applicant proposes to construct a detached garage resulting in a 25.3-foot rear yard setback in lieu of the 50-feet required in the “RE” Rural
Estate zoning district.
The site is located within the Little Valley Subdivision, and is characterized by relatively steep slopes of 30-35%, rocky soils, and dense trees. The slope of the lot is such that
the driveway is in the only feasible location. The driveway has an area that has been excavated from rocky soils to provide an open space to the south of the house. The tree coverage
is such that adjoining properties have very limited visibility of the site; the only portion of the site not heavily treed is the area that has been cleared for the house and driveway
area. It is in this portion of the lot the applicant proposes to build the garage.
Due to the steep, rocky, forested nature of the site, the location of the proposed garage is in an area that it will have minimal visual impact on adjoining properties.
II. REVIEW CRITERIA: All applications for variances shall demonstrate compliance with the standards and criteria set forth below:
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.
The site has special circumstances of rocky soils, steep slope, and heavy forestation that limit the developable area of the lot.
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;
b. Whether the variance is substantial;
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;
d. Whether the variance would adversely affect the delivery of public services such as water and sewer;
e. Whether the Applicant purchased the property with knowledge of the requirement; and
f. Whether the Applicant's predicament can be mitigated through some method other than a variance.
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.
The requested variance is specific to this particular lot, and is not typical of lots within the “E-1” zoning district.
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.
Not applicable.
5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief.
The applicant requests to construct a detached garage within 25 feet of the rear property line. To insure minimal deviation, any building permit should be restricted the area depicted
on the site drawing. Further, a surveyed site plan delineating measurements of the existing house and proposed garage should be submitted and subject to a setback certificate during
construction (as determined by the Chief Building Official).
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.
Not applicable.
7. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified.
See STAFF FINDINGS AND RECOMMENDATION.
III. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were
expressed by reviewing staff relative to code compliance or the provision of public services.
IV. STAFF FINDINGS AND RECOMMENDATION: Based upon the foregoing, Staff finds:
The applicant proposes to construct a detached garage resulting in a 25.3-foot rear yard setback in lieu of the 50-feet required in the “RE” Rural Estate zoning district.
Due to the steep, rocky, forested nature of the site, the location of the proposed garage is in an area that it will have minimal visual impact on adjoining properties.
The site has special circumstances of rocky soils, steep slope, and heavy forestation that limit the developable area of the lot.
To insure minimal deviation, any building permit should be restricted the area depicted on the site drawing. Further, a surveyed site plan delineating measurements of the existing house
and proposed garage should be submitted and subject to a setback certificate during construction (as determined by the Chief Building Official).
Staff recommends APPROVAL of the request subject to:
Compliance with the submitted Site Plan for Lot 39, Little Valley 2nd Filing.
Prior to pouring foundation, a setback certificate from a qualified professional shall be required to determine location of footing.
Page #4 - Agenda Item #2.d
Little Valley Setback 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