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HomeMy WebLinkAboutVARIANCE 255 Cyteworth Rd 2011-02-01 DATE: February 1, 2011 REQUEST: Variance from the “R” Residential 15-foot front yard setback requirement. LOCATION: 255 Cyteworth Road, within the Town of Estes Park OWNER/APPLICANT: James and Nancy Gunter STAFF CONTACT: Dave Shirk SITE DATA TABLE: Engineer/Surveyor/Consultant: None Parcel Number: 3525121077 Development Area: .17 acre +/- Existing Land Use: Single-family residential Proposed Land Use: Same Zoning Designation: “R” Residential (1/4 acre minimum lot size Adjacent Zoning: East: “R” Residential North: “R” Residential West: “R” Residential South: “R” Residential Adjacent Land Uses: East: Single-family residential North: Single-family residential West: Single-family residential South: Single-family residential Services: Water: Town of Estes Park Sewer: Estes Park Sanitation District PROJECT DESCRIPTION AND BACKGROUND: The applicant requests a variance to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a front yard setback of six-feet in lieu of the 15-foot setback required. The specific variance would allow the southwest corner of the addition to be six feet from the front property line, and the southeast corner to be four feet from the property line. The lower level of the addition would serve as a one-car garage with storage area, and the second level would be an expansion of the living room. The design of the garage is unusual due to the tight turning radius coming off of the street into the garage. This tight turning radius is a result of the proposed garage Gunter Front Yard Variance Request Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org RMNP Rocky Mountain National Park RMNP USFS USFS USFS Lak e Es tes Marys Lak e Lily Lake Mac Gr egor Ra nch YMCA ConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNP Fall River Entr ance RMNP Beaver Meadows Entrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 Cheley Camps USFS USFS Estes Valley Board of Adjustment, February 1, 2011 Page 2 of 4 Gunter Variance Request, 255 Cyteworth Rd location (close to the road). Because of this, vehicles would have to enter the garage at an angle. Staff suggests special circumstances apply to this lot. The lot is small for the zone district, and is surrounded on three sides by the road. This means the 15-foot front yard setback applies on three sides of the lot, and the 10-foot side yard setback applies on one side. The lot also has slope on the north side of the existing structure, which could create potential driveway slope, drainage and site distance issues if a garage were to be located elsewhere on the lot. Finally, the tight turning radius of the driveway indicates special circumstances. REVIEW CRITERIA: In accordance with Section 3.6 C. “Standards for Review” of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein, and summarized below: 1. Special circumstances or conditions exist and practical difficulty would result from strict compliance with this Code’s standards. The requested variance cannot nullify or impair the intent and purposes of either the specific standard, the development code or the Comprehensive Plan. 2. In determining "practical difficulty," the BOA shall consider the following factors: Estes Valley Board of Adjustment, February 1, 2011 Page 3 of 4 Gunter Variance Request, 255 Cyteworth Rd a. Can there be any beneficial use of the property without the variance? b. Is the variance substantial? c. Would the character of the neighborhood suffer a substantial detriment? d. Would the variance adversely affect public services? e. Was the Applicant aware of the requirement when purchasing the property? (Staff comment: this applies mainly to undeveloped lots, not additions) f. Could the Applicant's situation be solved through some other method? 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. 4. The BOA may require conditions that will secure substantially the objectives of the standard varied. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all applicable reviewing agency staff for consideration and comment. At the time of this report, no significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Neighboring Property Owners. As of January 27, Staff has had contact from on neighbor. Gene Kohler, 250 Cyteworth, phoned and stated “I see no reason I should object.” FINDINGS: 1. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 2. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 3. The variance would not adversely affect the delivery of public services. 4. The variance represents the least deviation from the regulations that will afford relief. 5. 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. 6. The submitted conditions or circumstances affecting the 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. 7. Failure 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. RECOMMENDATION: Approval conditional to: Estes Valley Board of Adjustment, February 1, 2011 Page 4 of 4 Gunter Variance Request, 255 Cyteworth Rd 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. SUGGESTED MOTION: I move APPROVAL of the requested variance(s) with the findings and conditions recommended by staff. Page 1 of 2 Dave Shirk From:Karen Thompson Sent:Monday,January 24,2011 4:44 PM To:Dave Shirk Subject:FW:Gunter Residence REVISED Variance -Lot A,Clatworthy Estates (a portion of Lot 22,Riverside Subdivision)-REFERRAL FOR COMMENT From:Will Birchfield Sent:Monday,January 24,2011 12:24 PM To:Karen Thompson Subject:RE:Gunter Residence REVISED Variance -Lot A,Clatworthy Estates (a portion of Lot 22, Riverside Subdivision)-REFERRAL FOR COMMENT Karen, No comment. Will Birchfield,CBO,CFM Chief Building Official Town of Estes Park PD Box 1200 Estes Park,CO 80517 970-577-3728 (P) 970-586-0249 (F) www.estesnet.com From:Karen Thompson Sent:Tuesday,January 18,2011 5:34 PM To:Greg White;Jacqueline Halburnt;Scott Zurn;Greg Sievers;Barbara Boyer Buck;Tracy Feagans; Lowell Richardson;Jeff Boles;Reuben Bergsten;Todd Steichen;Will Birchfield;Derek Rosenquist; Carolyn McEndaffer;Rick Spowart (rick.spowart©state.co.us);Len Hilderbrand (lenhilderbrand©xcelenergy.com);Donna Mastriona (donna.mastriona@qwest.com);Rod Patterson (rpatterson©bajabbtv);Jim Duell (jldepsd@qwestoffice.net) Cc:Alison Chilcott;Dave Shirk Subject:Gunter Residence REVISED Variance -Lot A,Clatworthy Estates (a portion of Lot 22,Riverside Subdivision)-REFERRAL FOR COMMENT REFFERAL FOR COMMENT FINAL/PUBLIC REVIEW V Pre-Application V Completeness Review Final/Public Review (Board of Adjustment/Planning Commission/Town Board/County _________ Commission) _________ Building Permit This email is to notify you that staff has received a revised variance application,which can be viewed by accessing the following links or by visiting our website at 1/24/2011 TOWN OF ESTES PARK Memo To:Planner Shirk From:Utilities &Public Works Staff Date:January 21,2011 RE:VARIANCE:Gunter Residence Lot A &Portion Lot 22 Clatworthy Estates Public Works: No comments. Light &Power: No comments.. Water: No comments. Town of Estes Park Public Works and Utilities reserve the right to amend comments contained herein at any time prior to final approval. . Page 1 of I Dave Shirk From:Alison Chilcott Sent:Wednesday,January 19,201110:14 AM To:Dave Shirk Subject:FW:255 Cyteworth From:James Duell [mailto:jldepsd@qwestofflce.net] Sent:Wednesday,January 19,2011 10:09 AM To:Alison Chilcott Subject: Hello Dave —the proposed variance request for Lot A,Clatworthy Estates (a portion of Lot 22,Riverside Subdivision)does not impact the District or our sewer mains. Thank you for the opportunity to comment on this request. James Duell,Estes Park Sanitation District 4D•J::m D.eH,Disti f f’’.nj.r :,cr ijti.:i I(0)5o-oó 1/19/2011 .() Alison Chilcott From:Derek Rosenquist Sent:Monday,December 13,2010 10:27 AM To:Alison Chilcott Cc:jimcoll99@gmaiLcom Subject:255 Cyteworth variance request Alison, Regarding the variance request for 255 Cyteworth,the Fire Department has no objections at this time.I walked the property with the designer and owner today and was able to look at some rough plans.Based on where the ground markers for construction are there will be no impact on fire apparatus access to the property in the event of an incident there or further up the road. Derek Rosenquist Training Captain Estes Valley Fire Protection District 970-577-3690 . . 0 Alison Chilcott om:Greg White [greg@gawhite.com]ent:Monday,November 22,2010 2:29 PM To:Alison Chilcott Cc:Karen Thompson Subject:BoA variance request Alison I have reviewed the Gunter Residence variance request which is on the Estes Valley Board of AdjustmentDecember7,2010 agenda.I have no comments concerning this variance request. Greg White . . . 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A w: : y c r ia c u s c i TOWN OF ESTES PARIç November 1,2010 James D.Gunter P0 Box 1903 Estes Park,CO 805 17 Re:Setback Variance Application 255 Cyteworth RoadAdministraflonLotAClatworthyEstates (a portion of Lot 22 Riverside Subdivision) Town Admrn;strator Parcel Identification Number:35251-21-077 Town Clerk community Dear Mr.Gunter: Development Planning/Zoning Application Accepted As Complete Building The above-referenced application is complete and has been accepted for review. convention and Review Schedule Visitor Bureau The Estes Valley Board of Adjustment is scheduled to review your application at their 9:00 a.m.,Tuesday,December 7,2010 meeting in the Town Hall Board Room.PleaseFinance attend this meeting. RO.Box 1747 Human Resources Your application has been posted at www.estes.orcomdev/CurrentReguests.aspx and Fire routed to reviewing agencies for comment.Additional information may he requested during the review process. Museum 200 Fourth St.Important Dates/’Town Vebsite Please refer to the Estes Valley Board of Adjustment Application aizd Review Schedule Police for important dates and deadlines,including the deadline for submittal of additional site RO.Box 1287 plans thr the Board of Adjustment packets. Public Works Fleet This schedule was provided in the application package and is available on the Town Parks website at: Streets www.estes.org/comdev/Schedules&Fees/20 loBoASchedule.pdf. Senior Center Please obtain and post a variance-notification sign 1mm the Community Development 220 Fourth St.l)epartrnent.Sign posting and field staking of the property corners and proposed building corners is required ten business days prior to the Board of Adjustment meeting. Utilities Once staff has reviewed your application,we will write a report to the Estes Valley Light and Power Board of Adjustment.This report will include staff recommendations and will he posted Water on the Town website for your review. 170 MAC(;RF:GQR AVE.RO.BOX 1200 ESTES PARK,CO 80517 PH.970-586-3551 www.cstes.org Mr.Gunter Page 2 of 2 Initial Review Comments As previously discussed,staff is not initially supportive of this variance request.Staff will review affected agency and public comment prior to finalizing a recommendation to the Board of Adjustment. Staff recommends reducing the amount of the variance,for example by reducing the garage width.Staff also recommends submitting a grading plan with the Board of Adjustment application to evaluate garage access,driveway design,and possible improvements such as retaining walls. Construction If the Board of Adjustment approves the variance request,please note that it is your responsibility to comply with all conditions of approval and with Estes Valley Development Code Section 3.6.D Lapse,which states, 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. Minutes After the Board of Adjustment meeting,minutes will be available online in draft form at www.estes.org.The Board of Adjustment will review and approve these minutes, possibly with revisions,at the next Board of Adjustment meeting.Staff will post the approved minutes on the Town website.Staff recommends that you keep a copy of the minutes for your records. Should you have any questions or comments regarding this matter,please feel free to contact me at 577-3720 at your convenience. Sincerely, Alison Chilcott,AICP P1anner z1 0 3S ci’4ffJ _jt&_,e-tLt c5 ,L CI cw-T—---3&4& ______________ 2r __‘V 1•0 f,1 oSI 7 .I©KiVrR” Town of Estes Pork .P.O.Box 1200 170 MocGrego:Avenue Estes Pork,CO 80517 Community Development Deportment Phone:(970)577-3721 Fox:(970)586-0249 www.estes.org/ComDev . iiiiB1 ESTES VALLEY 111)11 °6 2010 BOARD OF ADJUSTMENT U A LICATI N Submittal Date iT111IrnrIiIff.]i Record Owner(s)j--p 1-w&{0. II 111 Street Address of Lot 2—Ss YT-I RQA-1) Legal Description Lot 2_I Block Tract Ill Subdivision 3o3 ?-c-O(l-tc-:Z Parcel ID #3S2.5(--O 7 r1rnmwTr.] Lot Size 7 2LJO ,5 Fy Zoning i-fE.c (.EAJT(A-L. Iji Existing Land Use fEf:D’74t_ Proposed Lana Use Existing Water Seniice X Town r Wet F Other (Specify) ii iil Proposed Water Service X Town r Well r Other (Specify Li lii1 Existing Sanitary Sewer Service X EPSD USD F Septic I I ii Proposed Sanitary Sewer Servce X EPSD T UTSD r Septic I III Exsting Gas Sev:ce X Xcel F Other r None HIll Site Access (if not on public streefl HH Are there wetlands on the site2 r Yes X No ‘ — H ‘i’8ce Desired (Development Code Section #).L’D c_R—Rr,p—,A-_.{ii SEY 1:;’Ac1(TA-e g-U5 rrre 4c-ck (j1I , I liii! ii (II iIl1h’Name of Primary Contact Person D ——- I I qijiii!Complete Maiing Address Pp I.93 E’1j’j,(S(7 )hiiIl!Ii Prlmary Contact Person is Owner F Applicant F Consuant/EngineeriiIOjLiiMF!TTi1 ‘Application fee (see attached fee schedule ‘Statement of intent (must comply with standards set forth in Section 3 6 C of the Estes Valley Development Code)r 1 copi (foldedi of site plan drawn at a scale of 1’=20’) F 1 reduced copy of the site plan (11”X 17”) I1Ii11i1IIllh1IIiIII**The site plan snail include information in Estes Valley Development Code Appendix B VII 5 iattached)Iii1IllhlilIThe appiicant will be requlrec to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance appicaton schedule)Copies must be folded. Primary Contact Information Revised 11/20/09 Zoning Districts .. §4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts ‘(lmum .JUlinimum Buildlnglstructure - - Max Net Density Wá”)teight(units!acre)q fL)(ft)Front (fL)(ft)Rear (ft “Tft)[10] RE-i 1/10 Ac.10 Ac.200 50 50 50 30 20 RE 1/2.5 Ac.2.5 Ac.200 50 50 50 30 20 E-1 1 1 Ac.[3]100 25 25 25 30 20 25- E 2 ½Ac.[3]75 arterials;10 15 30 2015-other streets 25- R 4 1/4 Ac.60 arterials,10 15 30 2015-other streets R-1 8 5,000 50 15 10 15 30 20 Single-family 25-=18,000;arterialsR-2 4 60 ‘10 10 30 20Duplex15-other 27,000 streets 40,000, Residential 5,400 sq.60;Uses:ft./unitRMMax=8 and [4][8](Ord.L0t5 25- (Orci.Mm =3 25-07 §1)Gre:i arterials;10 [61 10 30 20 [7]18-01 Senior .15-other#14)Institutional Senior 100,000 streets Living Uses Institutional sq.ft.: Max —24 Living Uses:200 ½Ac. Notes to Table 4-2: See Chapter 4,§4.3.D,which allows a reduction in minimum lot size (area)for single-family residentialsubdivisionsthatarerequiredtosetasideprivateopenareasperChapter4,§4.3.D.1.See Chapter 11 §11.3,which allows a reduction in minimum lot size (area)for clustered lots in open spacedevelopments. See Chapter 11,§11.4,which allows a reduction in minimum lot size (area)for attainable housing.See Chapter 7,§7.1,which requires an increase in minimum lot size (area)for development on steep slopes.(Ord.2-02 §1) [2]See Chapter 7,§7.6,for required setbacks from stream/river corridors and wetlands.(Ord.2-02 #5;Ord.11-02 §1)[3)If private wells or septic systems are used,the minimum lot area shall be 2 acres.See also the regulations set forth in§7.12,‘Adequate Public Facilities.” [4]Townhome developments shall be developed on parcels no smaller than 40000 square feet;however,each individualtownhomeunitmaybeconstructedonaminimum2,000 square foot lot at a maximum density of 8 dwelling units per acre.[5]All development,except development of one single-family dwelling on a single lot,shall also be subject to a maximum floorarearatio(FAR)of .30 and a maximum lot coverage of 50%.(Ord.25-07 §1) [6]Zero side yard setbacks (known as ‘zero lot line development”)are allowed for townhome developments. [71 Minimum building width requirements shall ni apply to mobile homes located in a mobile home park. [8]Single-family and duplex developments shall have minimum lot areas of 18,000 s.f.and 27,000 s.f.,respectively.(Ord 18-01#14) [9]All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings orlots.The setback shall be measured from the edge of public or private roads,the edge of the dedicated right-of-way orrecordedeasementorthepropertyline,whichever produces a greater setback.The setback shall be the same as theapplicableminimumbuilding/structure setback.(Ord.11-02 §1;Ord.25-07 §1) [10]See Chapter 1,§1.9.E,which allows an increase in the maximum height of buildings on slopes.(Ord.18-02 #3) [1](a) (b) (c) (d) Supp.8 4-7