TOWN OF WINTER PARK BOARD OF ADJUSTMENT Tuesday, February 27, :00 AM following the Planning Commission A G E N D A

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1 I. Meeting Call to Order TOWN OF WINTER PARK BOARD OF ADJUSTMENT Tuesday, February 27, :00 AM following the Planning Commission A G E N D A II. III. IV. Roll Call of BOA Members No minutes available for approval. Conflicts of Interest V. NEW BUSINESS: A. 122 & 134 Fir Drive

2 TO FROM THRU DATE RE Board of Adjustment James Shockey, Community Development Director Bill Wengert, Acting Town Manager February 27, 2018 Minimum Lot Width 122 & 134 Fir Drive Applicant: Michael and Kristina Ziehler Description of Variance Request: We would like to subdivide Lot 5 and Lot 6 (in half) with a property line down the middle of the duplex party wall. Owner s Reasons Why the Variance Should Be Granted: Due to the small nature of old town lots (hardship) we are unable to satisfy the 50 min road and 3000sf min lot size requirements. Town code allows 2 units on each lot and all setbacks will be followed, so no change in project size or density is being requested. Applicable Town Code: Section 7-4C-3 Lot Area Requirements: B. Minimum Lot Area: Minimum lot area in the R-2-O district shall be three thousand (3,000) square feet. C. Minimum Lot Dimensions: No dwelling or other structure permitted in the R-2-O district shall be erected or placed on a lot possessing less than the minimum dimensions as follows:\ 1. Minimum width along the front lot line: Fifty feet (50'). Criteria to Grant Variance (Town Code 7-8): 7-8-1B: No variance shall be granted unless the board of adjustment finds, based on evidence, that: 1. The property in question cannot yield a reasonable return in use or service if permitted to be used only under the conditions allowed by the regulations for the municipality. 2. The plight of the owner is due to unusual circumstances. 3. The variation, if granted, will not alter the essential character of the locality.

3 7-8-1C: For the purpose of implementing the above rules, the Board shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence: 1. The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. 2. The conditions upon which the petition for a variance is based would not be applicable, generally, to the other property within the same zoning classification. 3. The purpose of the variation is not based primarily upon a desire to make more money out of the property. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 5. The granting of the variation would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Public Notification: This variance request has had proper public notification pursuant to Section of the Town Code. A Public Notice was published in the Sky-Hi Daily News on February 8, 2018 providing notification of the meeting and requesting comments. Mailings were sent to property owners within 300 feet of the property and the property posted February 12, Two s were received from adjacent property owners asking for clarification on the variance request. Staff Comments: The applicant is requesting two variances, one for minimum lot size and the other for minimum lot width. The property is zoned R-2o and allows for 20 dwelling units per acre on the property (2,178sqft per dwelling unit). Lot 5 has 4,532sqft and Lot 6 has 4,633sqft. This allows for two dwelling units per lot. The applicant could construct two units and not divide the lot in half. It would require them to plat the lot with common open space around the two duplex units and create an HOA. This has been done in other locations in Old Town. An alternative is to divide the lots in half and construct townhomes with just a party wall agreement. The applicant would still only build two units on each lot but instead of common open space around each unit, the property would be owned by each unit owner. To accomplish this, the applicant needs a variance to the minimum lot size and lot width. Each subdivided lot would have approximately 2,300sqft and a lot width of 30. Town Code requires 3,000sqft lot size and 50 lot frontage. Two diagrams have been created to assist in understanding the request.

4 Staff Recommendation: Staff does not provide a recommendation for variance requests. The Board of Adjustment must prove that a hardship is applicable and must establish findings of fact as related to the particular difficulties of the site. The hardship must be determined using one of the following criteria: 1. The property in question cannot yield a reasonable return in use or service if permitted to be used only under the conditions allowed by the regulations for the municipality. 2. The plight of the owner is due to unusual circumstances. 3. The variation, if granted, will not alter the essential character of the locality.

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6 JOB NO.: DATE: DRAWN: CHECKED: SHEET TITLE SHEET NUMBER C1 REVISIONS NO. DATE DESCRIPTION CUSTOM TOWNHOMES 122 & 134 FIR DRIVE WINTER PARK, COLORADO 80482

7 JOB NO.: DATE: DRAWN: CHECKED: SHEET TITLE SHEET NUMBER C1 REVISIONS NO. DATE DESCRIPTION CUSTOM TOWNHOMES 122 & 134 FIR DRIVE WINTER PARK, COLORADO 80482