HomeMy WebLinkAboutVARIANCE 1421 David Dr Front Yard Modification 2004-06-21
DATE: June 21, 2004
REQUEST: A request by John Kruger for a Minor Modification from the “E-1” Estate 25-foot front and side yard setback requirements.
LOCATION: 1421 David Drive
APPLICANT: TW Beck Architects
PROPERTY OWNER: John Krueger
STAFF CONTACT: Dave Shirk
PROJECT DESCRIPTION AND BACKGROUND: The applicant requests a Minor Modification to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a
front yard setback along David Drive of 25.5-feet and a side yard setback of 22.5-feet in lieu of the 25-feet required. The purpose of these modification is to allow a new single-family
residence. Specifically, the modifications are for cantilevered decks to extend into the required setbacks.
The property is heavily forested and steeply sloped. In addition, the property is zoned “E-1”, which has a minimum lot size of 1-acre. The property is just over ½ acre, and is therefore
small for the zone district.
REVIEW CRITERIA: In accordance with Section 3.7.A3 of the EVDC, all applications for Minor Modifications shall exhibit “practical difficulties” as defined in Section 3.6.C2:
Whether there can be any beneficial use of the property without the variance;
Staff Finding: A proposed structure could be built on the lot. However, that would require the building to be rotated so that it would be perpendicular with the slope, which would have
a much greater impact on the site and the neighborhood. The proposed site plan has the house running parallel with the slope, which will minimize the impact on the site and the neighborhood.
Whether the variance is substantial;
Staff Finding: The Minor Modification falls within the 10% limit set by the EVDC.
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 would not be substantially altered and the adjoining properties would not suffer a substantial detriment. The proposed deck
on the front yard side would be 32-feet above David Drive, and the requested 1.5-foot modification from the setbacks would have no discernable impact. The proposed deck on the north
property line would be buffered by several trees, and would have no discernable impact on the lot to the north, which is currently undeveloped
Whether the variance would adversely affect the delivery of public services such as water and sewer;
Staff Finding: The Minor Modification would not adversely affect the delivery of public services.
Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding: The applicant purchased the property before adoption of the EVDC.
Whether the Applicant's predicament can be mitigated through some method other than a variance.
Staff Finding: A conforming structure could be built on the lot.
STAFF DETERMINATION: Based on the foregoing, Staff has APPROVED the requested Minor Modifications.
LAPSE: 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 #2 –Krueger Front and Side Yard Setback Request
Krueger Front Yard Minor Modification 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