Spence Carport Variance ACTIVITY #: BOARD OF ADJUSTMENTS HEARING DATE: PL-15-1042 12/14/2015 at 6:00 pm PETITIONER: PETITION: LOCATION: ZONE DISTRICT: AREA OF PARCEL: REQUIRED SETBACKS: STAFF CONTACT: Caryn Mielke Rear setback variance 5 miles N of Steamboat Springs adjacent to RCR 129 on W side AF 1 acre 50 feet Watkins Fulk-Gray ATTACHMENTS: Narrative from applicant Site plan Site photos History: The narrow 1-acre parcel is situated between the Elk River and RCR 129. A single-family home and an accessory structure called the honey house exist on the property. The house is located 80 feet from the centerline of RCR 129, 50 feet from the side property boundary, and 21.9 feet from the rear property boundary to one corner of the house, which was permitted by a variance in 1994. The honey house is 20 feet from the side property boundary and 50 feet from the centerline of 129, and is a legal nonconforming structure that was created before the enact ion of the Zoning and Subdivision Regulations. Site Description: The land that rises up to RCR 129 is very steep, and probably greater than 30% slope in all places except the existing driveway, which has been in existence since at least 1999. A 3-foot dike has been constructed near the bank of the Elk River along the length of the property. Proposal: The petitioner would like to build a carport addition to the attached garage. The garage is accessed by the driveway and parking area on the northern end of the property. The carport would provide cover but not be enclosed.
Board of Adjustment 12/14/2015 Activity # PL-15-1043 Spence Variance Staff Comments: A waterbody setback permit is also necessary for this project, and one was approved on November 5 th by the Planning Director. Setbacks for AF District Property Line Setback Proposed Required Variance North: 50 50 0 South: 50 50 0 East: 50 80 0 West: 35 50 15 Applicable Regulations Routt County Zoning Resolution 3.4.6 The Board of Adjustment may authorize, upon application in specific cases, a variance to the strict application of the terms of the Routt County Zoning Regulations relating to setback restrictions. The Board may grant such variance only if all of the following conditions are found to exist: 3.4.6.A.1 Peculiar and exceptional practical difficulties or an unnecessary and unreasonable hardship will be imposed on the property owner if the provisions of this Resolution are strictly enforced. Petitioner Comments: The subject property is a non-conforming lot size of 1.4 acres where a 15 minimum acre lot size is required. The current garage is only 18 feet deep and too small to fit a standard vehicle. The existing access and layout of the property allows for only one reasonable location of the proposed carport. The property possesses exceptional narrowness and size, and is limited between the confines of the Elk River an Elk River Road. The buildable space on this property is very limited creating a practical difficulty. Strict enforcement of the Zoning Regulations creates unnecessary and unreasonable hardship on the owner. Staff Comments: A garage addition is a use by right, and because of the location of the honey house and the steepness of the slope coming from RCR 129, staff does believe that this is the only reasonable place for the project. 3.4.6.A.2 Circumstances creating the hardship were in existence on the effective date of the regulations from which a variance is requested, or created subsequently through no fault of the appellant. Petitioner Comments: The lot was created legally prior to the adoption of Subdivision Regulations on September 8, 1970, thus the hardship is not by fault of the appellant. Staff Comments: The Assessor s records show that the parcel was created in 1947. 3.4.6.A.3 That the property for which a variance is requested possesses exceptional narrowness, shallowness, shape or topography or other extraordinary and exceptional situation or condition which does not occur generally in other property in the same Zone District. Petitioner Comments: The property possesses exceptional narrowness and size, and is limited between the confines of the Elk River and Elk River Road. Staff Comments: The AF-zoned parcel is very narrow and is only 1 acre. The lot is approximately 135 feet wide at its widest point. Routt County Planning Department
Board of Adjustment 12/14/2015 Activity # PL-15-1043 Spence Variance 3.4.6.A.4 That the variance, if granted, will not diminish the value, use or enjoyment of the adjacent properties, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood. Petitioner Comments: The proposed carport is designed to not impact adjacent properties or diminish the value, use or enjoyment of the adjacent properties. Staff Comments: No expected impacts to adjacent properties are expected. 3.4.6.A.5 The variance, if granted, will not be directly contrary to the intent and purpose of this Resolution or the Routt County Master Plan. Petitioner Comments: The variance, if granted, will not contradict the intent and purpose of the Zoning Regulations or the Routt County Master Plan. Staff Comments: It appears that this project presents no contradictions to the Zoning Regulations and Master Plan. Board of Adjustment Options: Approve the variance if the above noted tests are met. Approve conditionally if the above noted tests are met or can be met by the application of certain conditions, or if certain conditions are necessary to mitigate concerns. Table for specific reasons; e.g. more information, site review, etc. Deny the variance if it does not meet the criteria stated above or if the variance would create a health or safety hazard or would negatively impact public welfare. Suggested Findings of Fact for Approval: 1. Peculiar and exceptional practical difficulties or an unnecessary and unreasonable hardship will be imposed on the property owner if the provisions of this Resolution are strictly enforced because no other potential sites for a carport addition are available outside the setback. 2. Circumstances creating the hardship were created subsequently through no fault of the appellant because the nonconforming lot was created prior to the existence of the Zoning and Subdivision Regulations. 3. The property for which a variance is requested possesses an extraordinary and exceptional situation or condition which does not occur generally in other property in the same Zone District in that the site has a physical constraint limiting the building envelope. This physical constraint is the small acreage size and the narrowness of the parcel. 4. The variance, if granted, will not diminish the value, use or enjoyment of the adjacent properties, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood because the configuration and size of the structure is generally unobtrusive. 5. The variance is not directly contrary to the intent and purpose of this Resolution or the Routt County Master Plan as there are no apparent conflicts with RCZR standards or RCMP policies. Routt County Planning Department
Board of Adjustment 12/14/2015 Activity # PL-15-1043 Spence Variance If the variance is approved, the following may apply: 1. The building shall comply with all applicable requirements of the Routt County Building Department. 2. If construction of the building does not commence within 1 year, this variance shall be subject to another review with full submittal. 3. This approval is specific to the plans submitted in the application. Any change in footprint, size, height, or site location will be subject to a new application. 4. A certified survey of the location of the structure must be completed prior to the issuance of a building permit. If the applicant is in need of a foundation permit and unable to provide a survey in a timely manner, the applicant may sign a letter of responsibility stating that they will comply with the setback approved by the Board of Adjustment. 5. Best Management Practices (BMP s) shall be utilized during construction to prevent erosion and drainage flow onto adjacent properties, drainage to the east of the parcel and the county road right of way. 6. A Grading and Excavation Permit will be required if necessary. 7. All exterior lighting will be downcast and opaquely shielded. 8. Revegetation of disturbed areas shall occur within one growing season with a seed mix which avoids the use of aggressive grasses. See the Colorado State University Extension Office for appropriate grass seed mixes. Routt County Planning Department
October 9, 2015 Routt County Planning Department PO Box 773749 Steamboat Springs, CO 80477 Reference: Setback Variance Narrative Spence Carport 45115 RCR #129 Routt County, Colorado Dear Planning Department, The following narrative provides a summary of the attached submittal for the Spence Carport Addition. The submittal is for a setback variance of 35 ft. from the existing 50 ft. rear setback line for the property located at 45115 RCR #129, Routt County, Colorado. The proposed setback variance is requested for the addition of an open, detached covered carport structure, with a deck above. Please refer to the attached sheets C-1, C-2 and A-1 drawn by Steamboat Engineering and Architectural Design, Inc. (SEAD) for the proposed 462 sq. ft. addition to the existing residence. Sheets C-1 and C-2 depict setback variances that were granted on December 12, 1994. These variances apply to the existing structure only. The new setback variance requested will not exceed the variance requested in 1994, and is designed to minimize impacts within the waterbody setback. The proposed structure will not encroach any further into the setback than the existing structure already does. All other measures will be taken to ensure the proposed carport meets the Routt County Zoning Regulations and the requirements of the Routt County Regional Building Department. As proposed, the carport encroaches into the 50 ft. rear setback on the property by 15 ft. Relief is sought from the 50 ft. rear setback in accordance with all of the standards of sections 3.4.6.A of Routt County Zoning Regulations: 1) The subject property is a non-conforming lot size of 1.4 acres where a 15 minimum acre lot size is required. The current garage is only 18 feet deep and too small to fit a standard vehicle. The existing access and layout of the property allows for only one reasonable location of the proposed carport. The property possesses exceptional narrowness and size, and is limited between the confines of the Elk River and Elk River Road. The buildable space on this property is very limited creating a practical difficulty. Strict enforcement of the Zoning Regulations creates unnecessary and unreasonable hardship on the owner. 2) The lot was created legally prior to the adoption of Subdivision Regulations on September 8, 1970, thus the hardship is not by fault of the appellant. 3) The property possesses exceptional narrowness and size, and is limited between the confines of the Elk River and Elk River Road. 4) The proposed carport is designed to not impact adjacent properties or diminish the value, use or enjoyment of the adjacent properties. 5) The variance, if granted, will not contradict the intent and purpose of the Zoning Regulations or the Routt County Master Plan. If you have any questions or concerns with this letter or attached drawings, please do not hesitate to call. Sincerely, Steamboat Engineering & Architectural Design, Inc. Caryn Mielke, E.I.T, Project Engineer 2740 Acre Lane, Suite E Steamboat Springs, CO 80487 Office: 970-871-9101 Fax: 970-871-9089
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