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Home My WebLink AboutVARIANCE 1890 Cherokee Dr 2007-02-14 I. PROJECT DESCRIPTION/BACKGROUND DATE: February 14, 2007 LOCATION: The site is located at 1890 Cherokee Drive, within the Town of Estes Park. Legal Description: Lot 4, Cherokee Meadows Subdivision, First Filing PETITIONER/PROPERTY OWNERS: Eric V. and Lori A. Rose/Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: The property owner requests a variance to EVDC §4.3.C.5 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts, which requires a twenty-five-foot side-yard setback for lots in the “E-1” Estate zoning district. The variance would enable the owner to build a 600-square-foot (24 feet x 25 feet), one-story studio addition to the existing single-family home. II. SITE DATA AND MAPS Number of Lots/Parcels One Parcel Number(s) 34012-37-004 Parcel Area Tax Assessor Records 0.94 acres (41,000 sq. ft.) Zoning “E-1” Estate Existing Land Use Single-Family Residential Proposed Land Use Single-Family Residential 1890 Cherokee Drive Side-Yard Setback Variance Request Estes Park Community Development Department Town Hall, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com Page #2 –Side-Yard Setback Variance Request for 1890 Cherokee Drive ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “E-1” Estate Undeveloped South “E-1” Estate Open Space East “E-1” Estate Single-Family West “E-1” Estate Single-Family SERVICES Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Town of Estes Park Electric Town of Estes Park Telephone Qwest III. 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 falls within the parameters of a staff-level review and will not be reviewed by the Estes Valley Board of Adjustment. IV. STAFF FINDINGS Staff finds: 1. 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 and practical difficulty may result from strict compliance with the Code standards. The requested variance will not have the effect of nullifying or impairing the intent and purpose of the Code standards requested to be varied. The lot shape and location of the existing house creates special circumstances. Page #3 –Side-Yard Setback Variance Request for 1890 Cherokee Drive 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. Staff Finding: There can be a beneficial use of the property without the variance. b. Whether the variance is substantial. Staff Finding: The variance is not substantial. This is a request to allow a very small corner of the building to encroach into the setback; the maximum encroachment into the setback is only 1.5 feet. 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. Staff Finding: The essential character of the neighborhood will not be substantially altered and adjoining properties will not 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. Staff Finding: The building permit application will be routed to affected agencies to verify that the proposed addition will not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: Per Larimer County Tax Assessor records, the property owner purchased the property in 2001. The purchase occurred after the February 1, 2000 effective date of the Estes Valley Development Code and with knowledge of the requirements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant’s predicament could be mitigated by building a smaller addition. Page #4 –Side-Yard Setback Variance Request for 1890 Cherokee Drive 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. 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. 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. Staff Finding: The variance, if granted, will not reduce the size of the lot. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance provides the least deviation from the regulations that affords relief to build the proposed addition. 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. Staff Finding: The use is permitted. V. STAFF DECISION Staff APPROVES the requested variance CONDITIONAL TO: 1. Compliance with the submitted site plan. 2. The proposed addition shall not adversely affect delivery of public services such as water and sewer. The building permit shall be routed to affected agencies, and if adverse affects to public services are noted by those agencies, the variance shall become null and void. Page #5 –Side-Yard Setback Variance Request for 1890 Cherokee Drive 3. A stamped and signed setback certificate from a registered land surveyor verifying compliance with the variance is required to be on the job site at the foundation inspection for review by the Building Official. 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. 4. Based on current Estes Valley Development Code regulations, the studio cannot be used for a home occupation. It is separated from the principal dwelling by a garage and is not integrated within the principal dwelling.