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HomeMy WebLinkAbout2.0 BOA Staff Report 07.22.2002Exhibits for Chen Variance Public Hearing held on July 22, 2002 �kF)Slik����4i�tr1�u. �3hrS ` �re�°3„a�t+>,r'n'�r, x`,yhT`''C k.0 a+s�'Y'r-("'S�ii;`&a f.*-"�, z�s �tAsyrt h'i� ���16y�;F:� dtLr c # i r A Mail Receipts & Proof of Publication (Submitted at hearing) B Garfield County Zoning Regulations C Garfield County Comprehensive Plan of 2000 D Staff Memorandum E Application submitted by Applicant t() Get), ) Ex BOA 7/22/02 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Variance from Side Yard Setback APPLICANT: Chris Chen and Melinda Friedman PROPERTY LOCATION: 1847 County Road 129 (No Name Creek Road), approximately 3 miles east of Glenwood Springs, CO. Lot 3, Weaver Exemption; Section 32, T5S., R88W. of the 6th P.M. Garfield County, CO WATER: Springhouse SEWER: ISDS ACCESS: County Road 129 EXISTING/ADJACENT ZONING: R/L/SD STAFF RECOMMENDATION: Denial I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in the statutory sphere of influence of Glenwood Springs (2 miles) in Study Area 1 of the Comprehensive Plan. The property is surrounded mostly by U. S. Forest Service land and is zoned Residential / Limited / Suburban Density (R/L/SD). II. DESCRIPTION OF THE PROPERTY The property is 0.4 acres (17,424 sq. ft.) in size and located off of No Name Creek Road. No Name Creek runs along the property's western property line. Two-thirds of the site appears to be relatively flat with some sloping lands towards the north east portion of the property. The flat portion of the lot contains a two-story house with a deck and a single car garage. III. DESCRIPTION OF THE PROPOSAL The Applicant has applied to the Board of Adjustment to request a variance from the side yard setback requirements for the R/L/SD zone district pursuant to the Garfield County Zoning regulations. The regulations require a minimum side yard setback of 10 feet from the property line. The Applicant requests to reduce that setback to 2 feet (a variance of 8 feet) in order to build a separate 1,300 square foot structure containing a sun room, music room, and a hobby room connected to the main house by a covered passage way. IV. REFERRALS The application was referred to the U. S. Forest Service by the Applicant. The Forest Service indicated they had reviewed the proposal and had no objections to the side yard setback request. V. STAFF COMMENTS & REVIEW STANDARDS Zoning regulations are intended to protect and serve the public good. To do so, they should be applied universally and consistently. But sometimes, because of extraordinary conditions peculiar to a particular property, carrying out the strict letter of a zoning regulation would allow no reasonable use of that property. To avoid the unjust and unnecessary imposition of such an extreme hardship on the owner of the property, the Garfield County Zoning Regulations provide a "safety valve." It authorizes the Board of Adjustment to grant "variances" from zoning regulations in those rare cases where (1) application of the regulation to a particular property would result in unnecessary hardship, (2) granting a variance from the regulation would be in harmony with the general purpose and intent of the Zoning Ordinance and preserves its spirit, and (3) granting the variance would assure the public safety and welfare and produce substantial justice. Staff reviewed the variance application which would allow the Applicant to construct a 1,300 square foot structure containing a sun room, music room, and a hobby room as close as two (2) feet from the eastern property line when the zoning regulations require a minimum setback of ten (1 0) feet. The Applicant provided the following reasons for requesting the variance: 1) An apparent rezoning of the property which occurred in 1991 reduced the minimum lot area to 20,000 square feet or .459 acres. The property is smaller than that at .4 acres thereby creating a legal nonconforming lot; Staff Response The rezoning of the property has no impact on whether or not the Applicant can design and locate accessory structures on the property. 2) The structure in its proposed location will be sited behind and below the access road to the City of Glenwood Springs Water Treatment Plant making it difficult to see thereby reducing its visual impact. Staff Response Providing visual screening is not a measure of hardship. Even if the proposed structure were invisible to everyone, it would not qualify as a hardship. 3) The U. S. Forest Service, an adjacent neighbor, provided a letter of no objection to the request to the proposal. Staff Response The Forest Service does not use the regulations of the County to determine the merit of variance requests. Just because the Forest Service says its OK doesn't mean the County should Z • ignore their regulations. This does not qualify as constituting a hardship. 4) The Applicant asserts that other areas on the property aren't suitable due to the proximity of No Name Creek and hillside cuts into the knoll appear to be too problematic. Staff Response The particular design and placement of the structure is only a matter of design preference for the Applicant. The Applicant must be aware of the regulatory parameters of the property that they purchase. ("Buyer Beware"). Staff has included the regulatory language from the Land Use Code followed by Staff Findings to the required criteria / standards set forth below. Specifically, Section 9.05.03 of the zoning regulations states, after the properforwarding of an application for variance to the Board and where by 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 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 Finding The Applicant provided an improvement survey as well as a proposed site plan which shows the preferred location of the structure. The property contains several other flat areas in front and behind the main house as well as a flat "bench" to the east of the property in the same location as the proposed. The requested variance is only a matter of preferred design. There are many other practical locations and designs for the structure on the property which would not require any variance. As a result, Staff remains unconvinced that the proposal merits a variance which is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property. Staff finds this standard is not met. 2. That such relief may be granter without substantial detriment}to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; Staff Finding Staff finds the requested variance represents a detriment to the public good and impairs the intent and purpose of this Resolution. The Applicant is creating their need for a variance. At present, the Applicant has occupied the property within the current parameters of the Land Use Code without requiring a variance. This request, if granted, would set a poor precedent for subsequent similar requests that do not constitute a hardship. Staff remains unconvinced that the denial of this variance 5 will cause undue hardship to the Applicant if they cannot construct their sun room, music room, and a hobby room in this particular location in this particular design. Staff finds this standard is not met. 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 Finding As the criterion indicates, the hardship may not be one the property owner inflicted on himself (e.g., been due to the owner's violation of the regulation) or could have avoided. Staff finds the present request for the setback variance is caused entirely by the Applicant. As mentioned above, at present, the Applicant has occupied the property within the current parameters of the Land Use Code without requiring a variance. Further, the circumstances found to constitute a hardship are not due to or the result of general conditions in the district. The requested variance is only a matter of a preferred design. There are other practical locations and a myriad of designs and sizes for the structure on the property which would not require any variance. Therefore, the variance request is caused by the Applicant in this case. 4. That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. Staff Finding This shall be determined at the public hearing. VI. STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of Adjustment. 2. That the meeting before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed setback variance has been determined not to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VII. STAFF RECOMMENDATION Staff recommends the Board of Adjustment DENY this application for a variance from the minimum side yard setback of 10 feet as required by the Zoning Regulations. V,� Fax Pages: (including this cover sheet) Date: TO.: 8 &A FAX # /2,-6 • •• Garfield County Building & Planning Department 109 8th Street, Suite 303 Glenwood. Springs, Colorado 81601 (970) 945-8212 Fax: (970) 384-3470 PUBLIC NOTICE TAKE NOTICE that Melinda Friedman has applied to the Board of Adjustment, Garfield County, State of Colorado, to request a variance, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Lot 3, Weaver Exemption; Section 32, TSS., R88W. of the 6th P.M. Garfield County, CO Practical Description: 1847 County Road 129 The variance would allow the applicant to encroach in the 10' side yard set -back normally required in the R/L/S/D zone district in order to build a 1300 square foot music and hobby room addition. All persons affected by the proposed variance are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of Adjustment will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the variance. The application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 22nd day of July, 2002, at 7:00 p.m., in the County Commissioners Chambers, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County SCHMUESER I GORDON I MEYER ENGINEERS S, SURVEYORS GLENWOOD SPRINGS 118 W. 6TH, SUITE 200 GLENWOOD SPRINGS, CO 8 1601 970-945-1004 FX: 970-945-5948 ASPEN P.O. BOX 2155 ASPEN, CO 8161 2 970-925-6727 FX: 970-925-4 1 57 Variance Application Garfield County Zoning Board of Adjustment Submittal Requirement: A. : Sketch Map B. Vicinity Map C. Legal Description of the site — Copy of Deed of Ownership D. Practical Description of the site: Melinda Friedman 1847 No Name Creek Road (County Rd. 129) Glenwood Springs, CO 81601 E. Neighbor name and address • Burt Dever 55839 Hwy 6 & 24 Glenwood Springs, CO 81601 108 Taurus Ave. Oakland, CA 94611 • Forest Service David J. Silvieus (District Ranger) Rifle Ranger District 0094 County road 244 Rifle, CO 81650 F. Water source: Domestic water source is from a springhouse on Forest Service Land, approximately 15 feet Northeast of existing telephone pole on the Dever Property across the access road. Water is piped from the Springhouse underground, across access road onto the Friedman Property. Sewage Disposal: Existing ISDS system, built around 1950's, according to previous owner of the Friedman Property. Check with County, no records of any kind, nor the current owner. Existing septic tank has 1,000 gallon capacity (typical of a three-bedroom home). Along with regular yearly pumping, the Owner never had any problem. Existing electric, owned by City of Glenwood Electric, is extended from a telephone pole located on the North side of the Dever Property across the access road, from an overhead line to an existing telephone pole located on a knoll on the North side of the Friedman Property. Currently the Friedman Property owner is obtaining a Road Crossing Permit from the Garfield County Road and Bridge Department to bury the overhead power line from the pole on the Dever Property to cross the access road, and eventually to the Southeast corner of the existing garage on the Friedman Property, where a new electric panel will be installed. Utility: 2001-246.001 Variance Application.doc Page 1 of 2 CRESTED BUTTE P.O. BOX 3088 CRESTED BUTTE, CO 81 224 970-349-5355 Fx: 970-349-5358 (See Attached) (See Attached) (See Attached) Yes (970) 945-8074 (510) 547-3256 (970) 625-2371 Yes Yes Yes 19-04-02 05:05 972 6 6260360 FRIDMAN AKI ->01219703843470 ECM Page 01 Cc ri! Ig, 2o0Z Re ctvclul : Vo.,vu. tce. itca av, �,, 9 9 rr �� Fri`cdoam Re5 i de/act ar- do Nom. gt►M Sckt& a $evulor TP2ct nnev cofteed Couk (q7o) n4.4 to `Dead Mn. Scheolel, PF S1 uIlease. dhvecf all swine -Hs ?YIN ' a..^�L DYt PreG Vase lam. cc.- toJ Chris Cher I rL IT Seer/one-west', C-ordown Maj '", °LG. I I $ W. 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