Loading...
HomeMy WebLinkAbout2.0 BOA Staff Report 02.28.2000REQUEST: BOA 02/28/00 PROJECT INFORMATION AND STAFF COMMENTS Variance from Resolution 82 -121, which establishes P.U.D. zoning of Battlement Mesa, concerning the minimum front yard setback. APPLICANT: Witt & Assoc., LLC / Roan Cliff Corporation LOCATION: Lot 7, Block 1, The Fairways, Phase I, Battlement Mesa. Also known as 67 Hogan Circle. SITE DATA: Approximately 7,200 square feet ACCESS: Hogan Circle EXISTING ZONING: P.U.D. (Planned Unit Development) I, DESCRIPTION OF THE PROPOSAL Request: The applicant is requesting a variance from the required twenty -five (25) foot front yard setback. The proposed variance would allow an existing building to encroach approximately four (4) feet into the required 25' front yard setback. Due to ambiguity in the property staking, the building was mis- located and built outside of the building envelope. The error was not discovered until the building construction was nearly complete. II. MAJOR ISSUES AND CONCERNS A. Zoning: A setback is the minimum dimension of a required yard (section 2.02.48). A yard is the open space on a lot unobstructed from the ground upward (section 2.02.54). A front lot line is the boundary of a lot dividing it from the adjacent street (section 2.02.34 -1). Resolution 82 -121 and the final plat (reception # 333476) require a twenty -five (25') foot front yard setback in the Battlement Mesa P.U.D. B. Variance Criteria: Section 9.05.03 of the Zoning Resolution sets forth the criteria upon which a variance may be granted: After the proper forwarding of an application for variance to the Board and where by Page 1 ofl reason of exceptional narrowness, shallowness or shape of the specific piece of property at the time of enactment of this Resolution, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application ofany regulation enacted under this Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the Board may authorize, upon the application relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided, however: (1) That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; (2) That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; (3) That the circumstances found to constitute a hardship were not caused by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; (4) That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. The requested variance appears to be the minimum amount necessary. The variance can be granted without substantial detriment to the public good. In this particular case, denying the request for a variance would create a hardship upon the property owner. Since the mistake was not intentionally or recklessly caused, staff finds that the applicant has met the necessary criteria to obtain the variance. IV. SUGGESTED FINDINGS 1. That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2. That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment, 3. That the variance is the minimum necessary to alleviate the difficulties, that relief may be granted without substantial detriment to the public good, that the hardship in not self - created, and it can not be practically corrected. 4, That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested Page 2 of /3 parties were heard at the meeting. V. RECOMMENDATION Based on the comments contained herein, and on the findings listed above, Staff recommends APPROVAL of the variance request with the following conditions: 1. That all representations made by the applicant in the application, and at the public hearing before the Board of Adjustment, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the variance granted shall be the minimum necessary to accommodate the as- built portion of the building which is currently occupying the front yard setback. Page 3 off 3 (970) 945-1004 FAX (970) 945 -5948 SGM ENGINEERS SURVEYORS SCHMUESER GORDON MEYER 118 West 6th, Suite 200 Glenwood Springs, CO 81601 December 30, 1999 Mark Bean Director of Community Development 109 8 th Street Glenwood Springs, CO 81601 RE: Application for Variance Dear Mark: Attached to this letter is a request for variance to the front setback requirements for Lot 7, Block 1, The Fairways, Phase 1, Battlement Mesa, Colorado. This lot is within the Medium Density Residential Zone District of Battlement Mesa, and the standard front lot line setback is 25'. When the residence on Lot 7 was staked for construction, there was some confusion between two property corners which are close together on the boundary of the lot. This resulted in the building being oriented incorrectly when it was constructed. The building actually crossed the lot line between Lots 6 and 7, and has been built within 21.43 feet of the front lot line, rather than the required 25 feet. Unfortunately, the error was not discovered until the building was nearly finished. By virtue of this letter, ]f am requesting a variance to the front yard setback for this lot for my client, Witt and Associates, LLC /Roan Cliff Corporation. An amended final plat, which revises the lot line between Lots 6 and 7, is also being submitted. Please call me if you have any questions. Sincerely, Jed i a)e.fe,1 Debbie Duley, Project Manager C;RFIELD COUNTY !FNt iI G DEPARTMENT 10') 611-1 ST. - SUITE 303 et.I. atislOOU SPRINGS, CO 81801 RECEIVED DEC 3 0 1999