HomeMy WebLinkAboutVARIANCE 1285 Chasm Dr Setback Variance Request DATE UNKNOWN
PROJECT OVERVIEW
DATE OF BOA MEETING: September 9, 2003
REQUEST: The petitioner requests variances to Estes Valley Development Code Section 4, Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts” which requires
minimum front and side yard setbacks of fifty feet in the “RE-1” Rural Estate zoning district.
LOCATION: The site is located at 1285 Chasm Drive, within unincorporated Estes Valley. Legal Description: Lot 4, McCreery Subdivision.
PETITIONER/PROPERTY OWNER: Thomas Beck/Thomas and Diane Engles
STAFF CONTACT: Alison Chilcott
APPLICABLE LAND USE CODE:
Estes Valley Development Code (EVDC)
PROJECT DESCRIPTION/BACKGROUND
The petitioner requests variances to Estes Valley Development Code Section 4, Table 4-2 “Base Density and Dimensional Standards Residential Zoning Districts” which requires minimum front
and side yard setbacks of fifty feet in the “RE-1” Rural Estate zoning district.
Specifically, this is a request for:
A 27.5 foot variance from the fifty foot front yard setback to build a two-car garage 22.5 feet from the front (southern) property line.
A ten foot variance from the fifty foot side yard setback to build a two-car garage forty feet from the side (western) property line; and
The dimensions of the proposed two-car garage are twenty-four feet wide by twenty-eight feet long for a 672 square foot garage with a deck above. The existing deck which extends further
into the front yard setback than the proposed garage/deck, but not as far into the side yard setback, will be removed.
According to a September 4, 2003 letter from TW Beck Architects, the proposed garage/deck addition will require removal of six trees. The addition will also be built close to a natural
drainage swale.
SITE DATA
Number of Lots One Parcel Number(s) 2518405004 Total Development Area 2.01 acres (87,694 sq. ft.) per Tax Assessor Records Existing Zoning “RE-1” Estate Proposed Zoning “RE-1” Estate Existing
Land Use Single-Family Residential Proposed Land Use Single-Family Residential
ADJACENT ZONING AND LAND USE
Adjacent Zoning Adjacent Land Use North “RE-1” Rural Estate Undeveloped South “RE-1” Rural Estate Single-Family Residential East “RE-1” Rural Estate Single-Family Residential West “RE-1”
Rural Estate Single-Family Residential Note: Adjacent land uses are determined from Larimer County Tax Assessor website.
SERVICES
Water Well Sewer Septic Fire Protection Town of Estes Park Phone Qwest
REVIEW CRITERIA
All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.C and all other applicable provisions of the Estes Valley Development
Code.
This variance request does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Board of Adjustment.
REFFERAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and property owners within 100 feet of the property for consideration and comment. The following reviewing agency
staff and/or neighbors submitted comments.
Larimer County Building Department See Stan Griep’s email to Dave Shirk dated August 19, 2003.
Larimer County Building Department See Candace Phippen’s memo to Dave Shirk dated August 28, 2003.
Larimer County Engineering Department See Roxann Mackenzie Hayes memo to Dave Shirk dated August 26, 2003.
Town Attorney See Greg White’s letter to Dave Shirk dated August 28, 2003.
STAFF FINDINGS
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.
Staff Finding: There are special circumstances associated with this lot. As noted in the petitioner’s Statement of Intent, the majority of this 2.01 acre lot consists of large rock
formations and slabs located on steep, heavily wooded terrain. The existing house occupies the most buildable portion of the site within the setbacks.
While the lot is also undersized for the “RE-1” Rural Estate zoning district, the lot does meet the minimum lot size requirements for lots in the “RE” Rural Estate zoning district, which
also has fifty foot setbacks. This district requires a minimum lot size for new lots of 2.5 acres in subdivision with less than five lots and a minimum lot size of 1.75 acres in subdivision
with five or more lots.
The lot also meets the minimum lot width requirements for lots in the “RE-1” zoning district. The minimum width is 200 feet and this lot is 206.96 feet according to the site plan submitted
by the petitioner.
The location of the rock outcroppings and steep slopes are more of a constraint than the lot being undersized or narrow.
This variance request is needed in part because of special circumstances/conditions related to the site, i.e. the rock outcroppings and steep slopes, and in part because of the proposed
design of the garage. The applicant could build a smaller garage or convert part of the existing house into a garage.
In determining "practical difficulty," the BOA shall consider the following factors:
Whether there can be any beneficial use of the property without the variance.
Staff Finding: There can be a beneficial use of the property without the variance. The existing house can continue to be used.
Whether the variance is substantial.
Staff Finding: This is a request for a 27.5 foot variance from the fifty foot front yard setback and a ten foot variance from the fifty foot side yard setback to build a two-car garage
with a deck above. These are fifty-five percent and twenty percent variances, respectively, which are substantial. If this variances are approved the majority of the garage/deck addition
will be in the setbacks.
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 proposed addition may not substantially alter the essential character of the neighborhood. Adjoining property owners have not contacted staff to comment on this
proposal and staff is not aware of their opinions about the variance request.
Whether the variance would adversely affect the delivery of public services such as water and sewer.
Staff Finding: The variance will not affect the delivery of public services.
Whether the Applicant purchased the property with knowledge of the requirement.
Staff Finding: The applicant purchased the property after the February 1, 2000 effective date of the Estes Valley Development Code with knowledge of the setback requirements.
Whether the Applicant's predicament can be mitigated through some method other than a variance.
Staff Finding: The applicant could not add a one or two-car garage on this lot without encroaching into the setbacks, unless part of the existing house was converted into a garage.
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 submitted conditions or 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 for such conditions or situations.
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.
Staff Finding: The variances, 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.
Staff Finding: The variances, if granted, offers the least deviation from the regulations that will afford relief to build the proposed two-car garage. If a one-car garage was proposed
this would further minimize the request. Converting a portion of the house to a garage would also minimize the request.
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.
Staff Finding: The use is permitted.
In granting this variance, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards varied or modified.
Staff Finding: Prior to issuance of a building permit for the garage/deck addition, staff recommends establishing a limits of disturbance on the lot to protect the rock outcroppings
from development in the future. Staff is recommending this setback variance to protect the rock outcroppings.
This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memo’s submitted by reviewing agency staff, referred to in Section
V of this staff report, are incorporated as staff findings.
The Larimer County Building Department commented about the unpermitted cabin. According to a conversation on September 3, 2003 with Thomas Engles, the applicant, he thinks the cabin
was built in the 1920’s. If this date is accurate, the Larimer County Building Department did not review building permits in the 1920’s and would not have a permit for the cabin’s construction.
However, the applicant should check with the Larimer County Building Department to make sure permits are not needed for any remodel/renovation to the cabin over the past five years.
If any work has been done that requires permits, permits shall be obtained prior to issuance of a permit for the proposed garage/deck.
Per EVDC §3.6.D, 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 Board of Adjustment null and void.
STAFF RECOMMENDATION
Staff recommends APPROVAL of a 27.5 foot variance from the fifty foot front yard setback to build a two-car garage 22.5 feet from the front (southern) property line and a ten foot variance
from the fifty foot side yard setback to build a two-car garage forty feet from the side (western) property line
CONDITIONAL TO:
As recommended by Larimer County Engineering, ensure drainage is adequately addressed with a small culvert or cross-pan.
A detailed grading and drainage plan should be submitted with the building permit application which includes existing and proposed contours, top of foundation elevation(s), finished
floor elevation(s) and finished grade at building corners, and drainage arrows.
As recommended by Larimer County Engineering, ensure the twenty-four inch diameter Ponderosa and its associated drip line is adequately protected from construction and future disturbances.
Building Permit 88-E2292 shall be renewed and a final building inspection conducted and approved prior to issuance of a building permit for the proposed garage.
The applicant shall check with the Larimer County Building Department to make sure permits are not needed for any remodel to the cabin since its original construction. If any work has
been done that requires permits, permits for the cabin shall be obtained prior to issuance of a permit for the proposed garage/deck.
A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance
with the variance and provide a setback certificate.
A limits of disturbance shall be established to protect the rock outcroppings from development in the future prior to issuance of a building permit for this garage/deck addition, with
the location agreed to by Staff and the applicant.
Page #9 – 1285 Chasm Drive
Lot 4, McCreery Subdivision
Front and Side Yard Setback Variance Request
1285 Chasm Drive
Lot 4, 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