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Home My WebLink AboutVARIANCE 1269 Chasm Ln BOA Staff Report DATE UNKOWN PROJECT OVERVIEW DATE: August 31, 2001 FILE #: Baird, William REQUEST: This is a request for a thirty-four (34) foot variance from the fifty (50) foot side yard setback as required in the “RE-1” Rural Estate zoning district. LOCATION: The site is located at 1269 Chasm Drive, within the unincorporated Estes Valley. APPLICANT/PROPERTY OWNER: William Baird/Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND The applicant requests a variance to Section 4, Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts” of the Estes Valley Development Code. Specifically, the applicant wishes to deviate from the mandated fifty (50) foot side yard setback as required in the "RE-1" Rural Estate zoning district for the construction of a new two story single-family residence and deck. The proposed new residence would extend twenty-five (25) feet into the fifty (50) foot side yard setback and the proposed deck would extend an additional nine (9) feet into side yard, for a total of thirty-four (34) feet. The existing house is thirty-two (32) feet from the property line and the proposed house and deck would be sixteen (16) feet from the property line. This variance request does not fall within the parameters of staff level review, and will be reviewed by the Board of Adjustment. SITE DATA Number of Lots One Parcel Number(s) 2518405003 Total Development Area Approximately 1.7 acres Existing Zoning “RE-1” Rural Estate Proposed Zoning “RE-1” Rural Estate Existing Land Use Single-Family Residence Proposed Land Use Single-Family Residence ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “RE-1” Rural Estate Single-Family Residence South “RE-1” Rural Estate Single-Family Residence East “RE-1” Rural Estate Single-Family Residence West “RE-1” Rural Estate Single-Family Residence SERVICES Water Town of Estes Park Sewer Septic Tank and Leach Field Fire Protection Town of Estes Park LOCATION MAP ARIAL PHOTOGRAPH REVIEW CRITERIA All applications for variances shall demonstrate compliance with Section 3.6 C. “Standards for Review” of the Estes Valley Development Code. REFFERAL COMMENTS AND OTHER ISSUES This request has been submitted to all applicable reviewing agency staff for consideration and comment. No issues/concerns were expressed by reviewing staff relative to code compliance or the provision of public services. STAFF FINDINGS AND RECOMMENDATIONS Based on the foregoing, Staff finds: 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 lot is undersized for the zoning district. The minimum lot size for the “RE-1” Rural Estate zoning district is 10 acres. The approximate size of this lot is 1.7 acres. The buildable area on this undersized lot is limited. Building is restricted to the north by rock formations and slabs and partially restricted to the west by rock formations and slabs. Building to the south or east would require tree removal. In determining "practical difficulty," the BOA shall consider the following factors: Whether there can be any beneficial use of the property without the variance. There can be a beneficial use of the property without the variance. The existing house could continue to be used. Whether the variance is substantial. This is a request for a thirty-four (34) foot variance from the fifty (50) foot side yard setback as required in the “RE-1” Rural Estate zoning district. This equates to a sixty-eight percent (68%) variance, which is 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. The essential character of the neighborhood may be substantially altered and adjoining property owners may suffer a substantial detriment as a result of the variance. The proposed house and deck is sixteen (16) feet closer to the property line than the existing house, which is a substantial move closer to the property line. Neighbors have not contacted staff to comment on this proposal and staff is not aware of the neighbors' opinions, however, this may be viewed as a substantial detriment. Whether the variance would adversely affect the delivery of public services such as water and sewer. The variance would not affect the delivery of public services. Whether the Applicant purchased the property with knowledge of the requirement. The applicant purchased the property without knowledge of the requirements. The applicant purchased the property in 1983, prior to the February 1, 2000 effective date of the Estes Valley Development Code. Whether the Applicant's predicament can be mitigated through some method other than a variance. The applicant cannot rebuild the house in the existing location or expand the house eastward without a side yard setback variance. The applicant can expand to the south and west without a variance. 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 circumstances affecting the Applicant’s property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation the condition or situation. 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. The variance, if granted, will not reduce the size of the lot. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. The variance, if granted, may not offer the least deviation from the regulations that will afford relief. The applicant has not demonstrated hardship that would warrant granting the full thirty-four (34) foot variance. Based on the information the applicant provided to staff, there is potential to build on the south portion of the lot within the setbacks and limited potential to build on the west portion within the setbacks. While, as noted by the applicant, building to the south will require removal of three trees, building to the east, as proposed, will require the removal of at least three trees. Since this lot more closely meets the minimum lot size for the “E-1” Estate zoning district, a twenty-five (25) foot setback, as required in the "E-1" district could be justified. 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. The use is permitted. The staff recommends DENIAL of the proposed thirty-four (34) foot side yard setback variance. The staff recommends APPROVAL of a twenty-five (25) foot side yard setback variance CONDITIONAL TO: The property owner shall provide a setback certificate by a registered land surveyor for the side yard setback. NOTICE: Failure of an Applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. Page #5 – Setback Variance Request for 1269 Chasm Drive, Lot 3 McCreery Subdivision 1269 Chasm Drive, Lot 3 McCreery Subdivision Setback Variance 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