Town of Yampa Water Treatment Facility Setback Variance ACTIVITY #: BOARD OF ADJUSTMENTS HEARING DATE: PV2015-001 July 13, 2015 at 6:00 pm PETITIONER: PETITION: LOCATION: ZONE DISTRICT: AREA OF PARCEL: REQUIRED SETBACKS: STAFF CONTACT: Town of Yampa Setback Variance for the Water Treatment Facility Tract in Notheast ¼ Sec 22, T2N, R85W;.75 miles southwest of the Town of Yampa on CR 7 Agricultural/Forestry 1.3 acres 50 feet ATTACHMENTS: Narrative Site Plan Alan Goldich; agoldich@co.routt.co.us History: The Town of Yampa has had their water treatment facility and storage tank in the present location since 1964. In 1976, an upgrade to the system occurred in order to meet state and federal requirements. Earlier in the summer of 2015, the Town applied for and received an amendment to their Conditional Use Permit (CUP) and a Water Body Setback permit for the proposed work. While working on that amendment, staff discovered that the expansion is proposed within the setback and a variance would have to obtained prior to issuance of the new CUP. Site Description: The site is located directly north of and adjacent to the Bear River. Access is gained through an existing road that runs through an adjacent property in accordance with an easement agreement. The site is heavily treed with vegetation along the north bank of the river. Proposal: The Town wishes to expand the footprint of the existing water treatment facility (WTF). The expansion on the north side of the building is within the 50 setback, while the southern expansion is not. They are also requesting a variance for a future pretreat building. Both of these structures are proposed to be built within the 50 setback from the north property line. Both are proposed to be 29 from the north property line, representing a request for a 21 variance to the setback standards. 1 of 9
Board of Adjustment July 13, 2015 at 6:00 pm Activity # PV2015-001 Town of Yampa Water Treatment Facility Setback Variance Property Line Setback Proposed Required Variance North: 29 50 21 Staff Comments: Economic impact and outside enforcement orders are not a part of RC Zoning Regulations and the Board should not take these items into account when evaluating a request for a variance. 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: Peculiar and exceptional practical difficulties and an unnecessary and unreasonable hardship would be imposed on the Town if the provisions of the Zoning Regulations are strictly enforced, due to the associated impossibility of physically being able to relocate the existing WTF building to not be within the 50-foot property line setbacks of the site, which is bounded on one side by the Bear River. In addition, the hardships that would be imposed on the Town if an alternative site were even available include a delay in the project, resulting in violation of its Colorado State Enforcement Order and severe economic impacts. Staff Comments: Due to the location of the existing facility, an unnecessary and unreasonable hardship would be imposed on the applicant if required to located these improvements outside of the setback. 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 Zoning Regulations were first adopted March 7, 1972, and amended and restated in entirety on September 27, 2011. The development of the existing WTF consists of an integral water storage tank beneath the building, which was constructed in 1964 and further enlarged to its current 100,000-gallon capacity through 1966. The tank was subsequently covered in 1978 and the building structure was added in 1995. Staff Comments: The 1.3 acre parcel that the WTF is located on was created on May 28, 1974, specifically for the WTF. This is subsequent to the enactment of the regulations governing variances. Staff was not able to find building permits for the Town of Yampa from 1978 or 1995. A bulding permit was found for a remodel of the building in 1997, which was signed off on by the Planning Department. Because the County signed off on a building permit for this structure in this location in the past, the County has acknowledged the structure s location within the setback. This was done through no fault of the applicant. 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. Routt County Planning Department 2 of 9
Board of Adjustment July 13, 2015 at 6:00 pm Activity # PV2015-001 Town of Yampa Water Treatment Facility Setback Variance Petitioner Comments: The property is the only existing parcel of its minimal size and dimensions needed to provide the fit and location for the WTF at the required elevation and adjacent proximity to the Bear River for operation of the Town s municipal water supply within the same Agricultural and Forestry Zone. Staff Comments: The size of this parcel does not generally occur in the A/F zone district because the minimum lot size for a parcel in the A/F zone district is 35 acres. This property does posses exceptional narrowness, which creates the situation. 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 improvements are located within the existing WTF site, which is bounded by the Bear River and one adjacent property. The Town has an existing right of access through the adjacent property to the WTF site, which is visually screened by trees, and does not impede current ranching operations on the property. The improvements that are proposed to the existing WTF and the existence of the WTF building within the 50-foot property line setback do not create additional impacts that would change the current value, use or enjoyment of the adjacent property, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood. Staff Comments: The closest structure to the proposed structure and addition is approximately 400 feet. No additional impacts beyond what is currently on-site, are anticipated with this proposal. 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 be directly contrary to the intent and purpose of the Zoning Regulations or the Routt County Master Plan as it results in no change to the current uses of the WTF site and the adjacent property, which precede the adoption of the Zoning Regulations and the Master Plan. In addition, the existence of the WTF building within the 50-foot property line setback precedes these adoptions and the proposed improvements do not result in any changes to these existing uses. Staff Comments: The Master Plan does not have specific language which addresses variances. Based on review of the CUP amendment, there does not appear to be any element of the proposal that is directly contrary to the intent of the Zoning Regulations. 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 Routt County Planning Department 3 of 9
Board of Adjustment July 13, 2015 at 6:00 pm Activity # PV2015-001 Town of Yampa Water Treatment Facility Setback Variance enforced because of the fixed location of the water treatment facility and the location of supporting infrastructure for such facility. 2. Circumstances creating the hardship were created subsequently through no fault of the appellant because the present nonconformity was acknowledged by the County through the sign off on the building permit for this structure in 1997. 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 location of the proposed improvements. 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 of the location of the structures in relation to structures on the adjacent property and the size of the structure is generally in conformity with the adjacent properties and neighborhood. 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. 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 2 years, 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 and into the Bear River. Routt County Planning Department 4 of 9
Civil Design Consultants, Inc. Engineers and Planners First Financial Center, 2145 Resort Drive, Suite 100 Steamboat Springs, Colorado 80487 Tel (970) 879-3022 Fax (970) 879-3028 Town of Yampa Water Treatment Facility Improvements Submittal for Routt County Variance May 28, 2015 Narrative/Detailed Description The Town of Yampa is requesting a variance to the requirements of Routt County setback regulations for the proposed Water Treatment Facility (WTF) Improvements, due to the existing WTF building being located within 50 feet of the site s property lines. This building is considered to be a legal non-conforming structure and is proposed to be enlarged. The regulations state that, A non-conforming structure may be extended or enlarged provided the portion of the structure to be extended or enlarged conforms to the requirements of the regulations and the portion of the structure which is non-conforming is not enlarged or extended without a variance. The proposed improvements are required to meet Enforcement Order DT-140131-1, issued by the Colorado Department of Public Health and Environment (CDPHE). The project addresses this enforcement order through modifications to utilize an existing surface water diversion as a supplemental source as well as filtration and chlorination improvements. The primary objective of the water treatment improvements is to comply with surface water treatment rule requirements for the Town s infiltration gallery source water, which was recently reclassified as groundwater under the direct influence of surface water (GWUDI). The supplemental use of surface water will provide needed source water redundancy during times of low yield or interruption of the groundwater supply. The requested variance meets all standards of Section 3.4.6.A of Routt County Zoning Regulations. Specifically, Peculiar and exceptional practical difficulties and an unnecessary and unreasonable hardship would be imposed on the Town if the provisions of the Zoning Regulations are strictly enforced, due to the associated impossibility of physically being able to relocate the existing WTF building to not be within the 50-foot property line setbacks of the site, which is bounded on one side by the Bear River. In addition, the hardships that would be imposed on the Town if an alternative site were even available include a delay in the project, resulting in violation of its Colorado State Enforcement Order and severe economic impacts. Circumstances creating such 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. The Zoning Regulations were first adopted March 7, 1972, and amended and restated in entirety on September 27, 2011. The development of the existing WTF consists of an integral water storage tank beneath the building, which was constructed in 1964 and further enlarged to its current 100,000-gallon capacity through 1 Yampa WTF Variance Narrative & Detailed Description.doc 5 of 9
1966. The tank was subsequently covered in 1978 and the building structure was added in 1995. The property for which a variance is requested possesses exceptional narrowness, shape, and other extraordinary and exceptional situations and conditions which do not occur generally in other property in the same Zone District. The property is the only existing parcel of its minimal size and dimensions needed to provide the fit and location for the WTF at the required elevation and adjacent proximity to the Bear River for operation of the Town s municipal water supply within the same Agricultural and Forestry Zone. 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. The proposed improvements are located within the existing WTF site, which is bounded by the Bear River and one adjacent property. The Town has an existing right of access through the adjacent property to the WTF site, which is visually screened by trees, and does not impede current ranching operations on the property. The improvements that are proposed to the existing WTF and the existence of the WTF building within the 50-foot property line setback do not create additional impacts that would change the current value, use or enjoyment of the adjacent property, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood. The variance, if granted, will not be directly contrary to the intent and purpose of the Zoning Regulations or the Routt County Master Plan as it results in no change to the current uses of the WTF site and the adjacent property, which precede the adoption of the Zoning Regulations and the Master Plan. In addition, the existence of the WTF building within the 50-foot property line setback precedes these adoptions and the proposed improvements do not result in any changes to these existing uses. 2 Yampa WTF Variance Narrative & Detailed Description.doc 6 of 9
720.344.7771 720.344.7460 fax Civil Design Consultants, Inc. Engineers and Planners 2145 Resort Drive, Suite 100 Steamboat Springs, CO 80487 Tel (970) 879-3022 Fax (970) 879-3028 7 of 9 I:\0353.019C Yampa WTF and Water Storage Tank Improvements\Drawings\General Drawings\C-000-CNSTCOV.dwg, COVER, 2/6/2015 11:32:02 AM
I:\0353.019C Yampa WTF and Water Storage Tank Improvements\Drawings\Exhibits - see also 353.019B\Waterbody Setback.dwg, FC-102 WTF SITE, 7/6/2015 1:56:23 PM, ANSI expand B (11.00 x 17.00 Inches), 1:2 Civil Design Consultants, Inc. Engineers and Planners 2145 Resort Drive, Suite 100 Steamboat Springs, CO 80487 Tel (970) 879-3022 Fax (970) 879-3028 8 of 9
Civil Design Consultants, Inc. Engineers and Planners 2145 Resort Drive, Suite 100 Steamboat Springs, CO 80487 Tel (970) 879-3022 Fax (970) 879-3028 9 of 9 I:\0353.019C Yampa WTF and Water Storage Tank Improvements\Drawings\General Drawings\Yampa WTP Bldg.dwg, FLOOR PLAN FC402, 2/6/2015 11:33:20 AM