SUBJECT: A Resolution Regarding A Request Of Variance For An Encroachment Into The Rear Yard Setback Of 2259 Cottonwood Place, Erie, Colorado, Adopting Certain Findings Of Fact And Conclusions Favorable To The Variance.
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DEPARTMENT: Community Development
PRESENTER: R. Martin Ostholthoff, Director
STAFF RECOMMENDATION: Approval.
Recommendation
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SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Applicant: Chad and Lori Scates
2259 Cottonwood Place
Erie, CO 80516
Location: 2259 Cottonwood Place, Lot 9, Block 4 Orchard Glen Filing No. 1 as is highlighted below in red/yellow.
Background:
The applicants, Chad and Lori Scates are requesting a Variance to the required rear yard setback of 25-feet within the SR-Suburban Residential zone district to allow for the construction of a covered deck at 2259 Cottonwood Place. The proposed covered deck would encroach up to a maximum of 10-feet into the required 25-foot setback or would be located 15-feet from the rear property line.
When the house was originally constructed in 1998, the required rear yard setback in the SR-Suburban Residential zone district was 15-feet. The house was constructed approximately 22-feet from the rear yard property line leaving little space to construct a covered deck.
The graphic below shows the proposed covered deck (in yellow) at 15-feet from the rear property line. The proposed uncovered deck (in orange) is less than 30-inches above grade and can encroach into the 25-foot setback without a variance.
Staff Review and Analysis:
Per the Town of Erie Municipal Code, Title 10, Chapter 7.9.B.9.a., the Board of Adjustment may approve a Variance only if it finds that all of the criteria below have been met.
The Variance application was reviewed by staff for conformance with the Approval Criteria. Staff finds the Variance in compliance with the Approval Criteria as listed below and is recommending approval.
i. There are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;
Staff: The subject property is a uniquely shaped lot and has two street frontages. Additionally, the house was constructed to a different set of setback standards than those that exist today.
ii. The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;
Staff: The uniqueness of the subject property does not exist throughout the neighborhood.
iii. Such physical circumstance or conditions were not created by the applicant;
Staff: The change to the rear yard setback standard from 15-feet to 25-feet within the SR-Suburban Residential zone district was not created by the applicant.
iv. Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provision of this Code;
Staff: Due to the change in the rear yard setback standard within the SR-Suburban Residential zone district, a covered deck cannot be reasonably constructed in compliance with current setback standards.
v. The Variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; and,
Staff: The requested Variance will not substantially alter the character of the neighborhood. Additionally, the immediately adjacent neighbors and the Orchard Glen Homeowners Association are supporting the Variance request.
vi. The Variance, if granted, is the minimum Variance that will afford relief and is the least modification possible of the provisions of this Code which are in question.
Staff: The Variance request for an encroachment of 10-feet into the rear yard setback is the minimum Variance that will allow the covered deck to be functional. Additionally, the proposed covered deck could have been constructed at the time the house was constructed without a variance to the then existing setback standards.
Public Notice:
The required notice of this Public Hearing has been provided as follows:
Published in the Colorado Hometown Weekly: April 5, 2017
Property Posted: April 7, 2017
ATTACHMENTS:
A. Applicant Submittal Materials
B. Resolution A17-02