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HomeMy WebLinkAbout2.0 BOA Staff Report 01.29.2007Exhibits (1/29/07) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Aspen Glen PUD Revised Zone District Text, Page 7, '/a Acre Residential Zone District LPI I F ro'-r Oo V c!C.ta P404 7-oi//'e?4oi 6\7 � �/ 7L s4 t(4) G s sU 'roc / a '�� % z BOA 1-29-07 DP Staff Report to the Board of Adjustment Project Information and Staff Comments REQUEST: Variance to increase height from the limitation of 25 feet required in the Aspen Glen PUD % Acre Residential Zone District APPLICANT / OWNER: Royal Quality Homes LLC LOCATION: 0056 Brookie Drive, Carbondale (Aspen Glen PUD) SITE DATA: 14,462 sq. ft. (0.332 Acres) ACCESS: Brookie EXISTING ZONING: PUD (Planned Unit Development) 1. Description of the Proposal The applicant requests a variance from the maximum height limit of 25 feet. The proposal is for a height variance of up to 26.5 feet, an increase of 1.5 feet. The applicant is proposing this variance for the following reasons: 1. Promote drainage in order to protect Lot 4 and Lot 5 from a heavy rainfall event. The Applicant has represented that the neighboring lots have increased the height of the surrounding grade which could create drainage issues for the new home. 2. Promote the aesthetics of the street by allowing a similar alignment of the rooflines. 3. Accommodate a high ceiling volume within the home. 4. Accommodate a recessed walkout basement fronting the Roaring Fork River. 2. Applicable Variance Regulations §2.02.09 Building Height: The distance, measured vertically, from the undisturbed or natural ground surface at the mid -point between the front and rear walls of the building to the top of a flat roof or mansard roof or to the mid -point between the eave line and the peak of the gable, hip, shed or similar pitched roof. §9.05.03 Action by the Board of Adiustment: After the proper forwarding of an application for variance to the Board and where by reason of exceptional 1 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 of any 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; Staff Comments: It appears that there are other solutions that would allow the Applicant to utilize the property effectively without exceeding the height limitations of the applicable zone district. The only practical difficulty presented by the Applicant is a potential issue with drainage. Considering the slope of the lot toward the Roaring Fork River and potential methods to divert storm water between the neighboring lots, staff feels that if managed properly, drainage is not an issue encumbered upon this lot. According to David Koltz of Schmueser Gordon Meyer, Inc., "Lot 5 (subject parcel) must be constructed in a manner that directs drainage away from the residence to the Lot 4 side lot line. (This is the center of a 20' drainage easement and an overflow swale must be maintained in case the drywell capacity is exceeded)." Staff fails to see the connection, however, between an increase in building height and issues relating to drainage. In addition, marketability issues discussed within the application (i.e. high volume ceilings, aesthetics and recessed walk out basements) are not within the purview of the Garfield County Zoning Resolution of 1978, as amended. To this end, Staff feels there are no„ exceptional topographic conditions or other extraordinary and exceptional situation or condition” existing on the property which would be exacerbated by abiding by the height limitations as adopted within the Aspen Glen PUD. This requirement is not met. (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; Staff Comments: Staff does not see any potential detriment to the public good. However, please refer to §1.07 (Below) of the Garfield County Zoning Resolution for the intent of buildings, structures, uses, lots, and lot coverage. Without decisive practical difficulties or notable undue hardship, approval of this variance request will impair the intent of the Garfield County Zoning Resolution. In addition, this would only apply if Staff or the BOA feels a Variance is warranted. As Staff does not feel this Variance is warranted, this requirement is not met. 2 §1.07 APPLICATION OF REGULATIONS These regulations shall apply to the entire unincorporated area of Garfield County, Colorado. Except as hereinafter provided: No building or structure shall be erected nor shall any existing building or structure be moved, removed, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the lot area, lot coverage, floor area ratio, setback and height provisions hereinafter provided in the Zone District Regulation for the district in which such land, building or structure is located; (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; Staff Comments: The proposed variance is based on the Applicant's desire to accommodate high volume ceilings, a recessed walk -out basement, and promote aesthetics. Drainage issues can be addressed with proper engineering while at the same time not compromising the regulations in place. To this end, Staff feels that a decisive hardship does not exist which requires a variance from the Aspen Glen PUD height limitation of 25 feet. This requirement is not met. 3. Suggested Findings: Staff finds the applicants request does not meet the intent of the Garfield Zoning Resolution in respect to nonconforming uses. Additionally, the request does not meet the criteria set forth for variances; and, 1. Proper public notice was provided as required for the hearing before the Board of Adjustment. 2. The hearing before the Board of Adjustment was extensive and complete, that all pertinent facts, matter and issue were submitted and that all interested parties were heard at that meeting. 3. For the above stated and other reasons, the proposed Variance is not in the best interest of the order, prosperity and welfare of the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. Staff Recommendation: Staff is recommending the Board of Adjustment DENY the Applicant's request for a Variance from the maximum height limitation of 25 feet. 3 r EXHIBIT TO ASPEN CTRN RESOLUTION REVISED ZONE DISTRICT TEXT EXHIBIT F BOOK 835 ? CE33O •OK 835 PMME337 5. 1/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting County Road 109 Minimum Front Yard if Abutting Public/Private Street Minimum Lot Widths Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard (k) Corner Lot Minimum Side Yard Abutting Public/Private Street (1) Minimum Off Street Parking per DU Single-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation 10,890 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .35 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -7-