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 irre...
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