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Home My WebLink About2.0 BOA Staff Report 04.26.2010APPLICANT / OWNER LOCATION SITE DATA ACCESS ZONING CODE VARIANCE BOA April 26, 2010 Dodson Variance KE Request for Variance David Dodson and Beth Williams Section NW 1/4 Section 28, T6S, R89W 1254 CR 127 (Three Mile Road) 2.2- acres with existing Single Family Home and Pre-existing Modular Unit CR 127 (Three Mile Road) Residential Suburban §3-503: Lot Size and Setback Requirements I BACKGROUND AND REQUEST II EXISTING CONDITIONS The subject property is located at the terminus of CR 127, also known as Three -Mile Road, in the Residential Suburban Zone District. This site is southwest side of the City of Glenwood Springs approximately 1.2 miles west of Midland Avenue. The Applicant is requesting variance from the Unified Land Use Resolution of 2008, as amended, which requires a twenty-five foot (25') front setback from the property line. The site currently contains a single family home and a pre- existing mobile home. The following site photos and plans demonstrate that the site is constrained by Three Mile Creek on the south and otherwise surrounded by steep slopes. The current improvements on the parcel are located in between the areas of constraint which limit the buildable area on the site. The Applicants seek to allow for the construction of a garage within the front setback which would allow for the existing one -car garage to be converted to a bedroom. Along with this planned improvement the Applicant will be replacing and relocated the existing septic system and burying their propane tank. Board of Adjustment — April 26, 2010 BOA April 26, 2010 Dodson Variance KE As you can see the site is constrained by the location of Three Mile Creek and steep slopes. The existing garage area is approximately 10' from the property line and it may be that the prior setback calculation was premised on this being the side yard. The Board of Adjustment — April 26, 2010 2 BOA April 26, 2010 Dodson Variance KE Director of Building and Planning has determined that this lot line is in fact the front yard and not the side. The reasoning for this determination of front yard is due to the fact that this is the side of the property from which access is gained. FRONT LOT LINE Requires 25' setback `K 7 'c \ T kV \ . � r 7.t7L:1 1 j`qc:o 1),A) ':',1A% l f_)t{�. . FPb1�i\L.A�L E - ^y -095o ` t1SI wgIstD 1,444 7t •Ar1vUt DRIVE_ 3 -1` -ILS / oAV \ SIDE LOT LINE Requires 10' setback x ......... : ., , .„01)=.-- , t......, I, .„,:i / l 4 4 y..,;:,,: , N 0 �,X / i. /f ! _ ;i..:..0.____ Q rr 41(,1 ' .i / 'c // ;$(-) I) 5 /0 / \) :/ p". o c R—T fir ,' ,,,. / / / it : / Is / rj ;/ % X x,'X K S(�'�C K. X/x1 c x. <j;a X X•y. k. X. Y. '}T ., v.�o ^ . / r .,✓ i '-k••" is i c al L N O III REFERRAL AGENCIES a. Garfield County Road & Bridge: EXHIBIT F b. Glenwood Springs Fire District: c. Garfield County Vegetation Management: d. City of Glenwood Springs: EXHIBIT G IV STAFF COMMENTS Article IV, Division 3 of the ULUR discusses the process and requirements for issuance of variances: Board of Adjustment — April 26, 2010 3 BOA April 26, 2010 Dodson Variance KE Section 4-301 Review Process for Request for Variance. Variances are deviations from the terms of this Code that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness or the shape of a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property. The following facts are associated with the parcel: a. The parcel is encumbered by Three Mile Creek running through its center; b. Steep slopes surround the building site; c. The level pad in front of the home is currently used a turn -around area for the site and it will be continue to be necessary as a turn -around with construction of the relocated garage; d. The proposed area is the only adequate site within a level area of the parcel that can be utilized to allow for an expansion of the building area on this lot e. Strict compliance with the required setbacks would result in exceptional practical difficulties to the owner of the property. C. Standards for Approval of Variance Requests. The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this Code. 1. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exists with respect to the specific property: a. Exceptional narrowness, shallowness or shape of the property at the time of the enactment of the regulation in question. b. Exceptional topographic conditions of the property. c. Other extraordinary and exceptional situation or condition of the property. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4-301 C1 above, the strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on, the owner of the property. Board of Adjustment — April 26, 2010 4 BOA April 26, 2010 Dodson Variance KE 4. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional practical difficulties or exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the County's Zoning Plans. Granting the variance will not substantially impair the intent and purpose of this Land Use Code. IV. SUGESTED FINDINGS a. That proper public notice was provided as required for the hearing before the Board of Adjustment; b. That the hearing before the Board of Adjustment was extensive and complete and that all interested parties were heard at that meeting; c. That for the above stated and other reason, the proposed variance is in the best interest of the health, safety and welfare of the citizens of Garfield County; d. That the application is in conformance with the Unified Land Use Resolution of 2008, as amended. VI. STAFF RECOMMENDATION Staff recommends the Board of Adjustment APPROVE the requested variance allowing for a reduction in the required twenty-five (25') foot front setback to five foot (5') as shown on the site plan. Board of Adjustment — April 26, 2010 - 5 - GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: March 17, 2010 Comments Due: April 1, 2010 Name of application: Dave Dodson and Beth Williams Sent to: Garfield County Road & Bridge Department Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objection to this application with the following comments. This project is beyond the end of Cr. 127 and does not affect our portion of Cr. 127 other than the access to the property. The map as shown by the applicant does not depict the driveway in the actual location as it relates to the end of Cr. 127 and the turnaround at the end of the road. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date _April 1, 2010 Revised 3/30/00 Kathy A. Eastley From: Andrew McGregor [andrew.mcgregor@cogs.us] Sent: Monday, March 22, 2010 10:16 AM To: Kathy A. Eastley Subject: Variance request - 1254 CR 127 Dodson Variance Request Kathy, Thanks for forwarding the application for our review and comment. We have no formal comments relative to the application. Thanks, Andrew Andrew McGregor Community Development Director City of Glenwood Springs 101 West 8th Street Glenwood Springs, CO 81601 970-384-6429 970-945-8582 (FAX) andrew.mcgregor(Jcogs.us 1 Kathy A. Eastley From: Mitchell D Hyra [mitch@peakdesign.org] Sent: Friday, March 19, 2010 10:26 AM To: Kathy A. Eastley Subject: Re: Dodson Variance EXHIBIT Kathy Thanks for sending this over so promptly. After reviewing the information you've provided. I really can't form an opinion as there are really no details (IE Floor Plans, Elevation or Structural Details on the wall that will support our drive). But I will say we have no objection the "Dodson Variance" and the proposed remodel/addition in principle. I would only request if a set -back variance be granted that an "Engineer Wall" be design to support our driveway. Thanks Mitchell Hyra PE Peak Design Group 970-688-0102 mitch@peakdesign.org --- On Fri, 3/19/10, Kathy A. Eastley <keastley@garfield-county.com> wrote: From: Kathy A. Eastley <keastley@garfield-county.com> Subject: Dodson Variance To: mitch@peakdesign.org Date: Friday, March 19, 2010, 10:32 AM Mitch, Attached are the submittal materials for the Dodson Variance. Let me know if you have questions or comments. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keast ley@garfield-county.com , VsZN —nwvoo vs.voiri . :-......-- A. -•?- ---.4. Kr-- br.„-, 20 o :,',Ic, 7 " r) b .-oldV-L9, :.tci, 'h -‘-`• ' ' --. .'" 1 ,, 1 „e• , - it 4,<DA:t czzoNa 13( iY— A.1 I I ” : f -71 ; - ..4,1 ..' e ii -------"1...P 2 --- ' ii / ,-- ""- ..,___--'77 cc d-- ----- 19t .? - _,....=. ---, t t!) 717 1 111 f 14 X X c :5( x 4 )‹.i 'c -x. Air:567)a I • ": \\>--- -‘*. 1/4 2 x N -N,... 0 V->NNN 0,„ s( K x Y k• -k 3c k xo