Barger
Variance
ACTIVITY #:
PL-20-181
BOARD OF ADJUSTMENT
HEARING DATE:
January 11, 2021
at 6:00 pm
PETITIONER:
Dan Barger
PETITION:
Property line setback variance to allow for the
construction of a residence
LEGAL:
Portion of Tract 41 Section 7 Township 9 Range 84
LOCATION:
On the north side of CR 64 (Seedhouse Rd.)
approximately 4.5 miles east of the intersection with
CR 129
ZONE DISTRICT:
Agriculture/Forestry (A/F)
AREA OF PARCEL:
.9 acres
PROPOSED VARIANCE:
Required:
50’
Proposed:
10’ (from the north property line)
STAFF CONTACT:
Alan Goldich, [email protected]
ATTACHMENTS:
• Narrative
• Site photos
• Site plan
• Elevations
History:
This parcel was created in 1957. The Assessor’s records indicate that the existing structure was constructed in 1958.
Site Description:
The site is located on the north side of CR 64 (Seedhouse Rd.). The parcel is accessed through the national forest via a private driveway over an access easement granted by the US Forest Service. The driveway generally enters the property in the central portion of the parcel. Coulton Creek flows along the east property line. Mature vegetation exists throughout the property. The central area of the site is flat and open. The existing residence is built into the hillside on the north side of the property. The west side of the property slopes down. The closest residence to the existing house is approximately 230’ to the northwest.
Board of Adjustment – 1/11/21 Activity # PL-20-181 Barger Variance
Routt County Planning Department
The existing residence currently sits 21.8’ from the north property line. In addition to the
existing residence, there are several outbuildings, including sheds and a carport. Most of these structures are proposed to be removed.
Project Description:
The applicant is proposing to remove the existing residence and re-build a residence in the same location. The new structure will require a setback variance because of where it is located on the parcel.
***Issues for Discussion***
• Could the applicant re-design the proposed residence and re-locate it to be more in compliance with the required setbacks and setback of the existing residence?
Staff Comments:
• Notices were sent to all of the adjacent property owners.
0Setbacks for A/F District
Property Line Setback
Proposed
Required
Variance
North:
10’
50’
40’
Section 3.4.6 – Standards for Grant of Denial of Variances
B. Under no circumstances shall a variance be granted on the sole basis of personal convenience, profit or special privilege to the applicant.
C. Under no circumstance shall the BOA grant a variance to allow a use not permissible under the terms of this Resolution in the appropriate Zone District.
D. Variances shall be granted with respect to specific plans or within defined parameters. Unless otherwise specified by the BOA, a variance may be transferred to successive owners prior to construction if no changes are made to the approved plan. Variances shall run with the land after the construction of any authorized structures and only for the life of such structures.
E. The BOA may condition the granting of a variance on the issuance of a building permit within a specific time period and may require the applicant to pursue completion of the construction with due diligence. If such conditions are not satisfied, the variance shall become null and void.
F. In order to insure that the protection of the public good and the intent and purpose of these Regulations are preserved, the BOA may impose any other condition upon the granting of a variance, including those categories of conditions which may be placed upon Land Use Approvals under Section 3.2.6.
Applicable Regulations – Routt County Zoning Resolution
3.4.6 The Board may grant such variance if all of the following are found to exist:
3.4.6.A.1 Peculiar and exceptional practical difficulties or an unnecessary and unreasonable hardship will be imposed on the property owner if the provisions of this Resolution are strictly enforced.
Board of Adjustment – 1/11/21 Activity # PL-20-181 Barger Variance
Routt County Planning Department
Petitioner Comments: The property is 150’ wide as per the survey completed by D & D Land Surveying (970) 879- 2715. If the provisions of the Zoning regulations are enforced the location of the septic, driveway access and the setback of 50 ‘on all sides create a hardship with respect to improvement, repair or replacement the existing cabin. In addition the new septic system as proposed by the soils engineer identify the tank and leach lines to be located between the house and the Southern property line.
Staff Comments: An unnecessary and unreasonable hardship will exist if the provisions of the Zoning Regulations are strictly enforced due to the existing site constraints. Requiring the proposed structure to meet setbacks would require the re-location of an existing electric pole and the proposed structure would then occupy the central open area of the site. The existing structure has existed since 1958 without any complaint or concern from the adjacent property owner. Because the driveway is in an access easement granted by the Forest Service, the driveway cannot be relocated. The fixed location of the driveway makes development of this property in compliance with the setbacks unreasonable. Compliance with setbacks could also require the removal of mature vegetation that exists on-site.
3.4.6.A.2 Circumstances creating the hardship were in existence on the effective date of the regulations from which a variance is requested, or created subsequently through no fault of the appellant.
Petitioner Comments: The property and structure was subdivided and built in 1940 and was in existence prior to our purchase on October 30, 2020.
Staff Comments: This property was created in its current configuration in 1957, nearly 20 years prior to the County adopting setback regulations.
3.4.6.A.3 That the property for which a variance is requested possesses exceptional narrowness, shallowness, shape or topography or other extraordinary and exceptional situation or condition which does not occur generally in other property in the same Zone District.
Petitioner Comments: The property is 150’x 270’ with the driveway access prescribed by USFS, the septic system, the cabin and Coulton creek on the East side as indicated on the site plan with existing and proposed locations all on the narrowest section of the property (150’) wide making the property extremely congested within of the same zoning have 35 acres to work with. The soils engineer has stated that the location on the site plan is the best possible location and other locations are not desirable.
Staff Comments: This property is exceptional in that the property is only .9 acres and is zoned A/F. The minimum lot size in the A/F zone district is 35 acres, which is far larger than what this property possesses.
3.4.6.A.4 That the variance, if granted, will not diminish the value, use or enjoyment of the adjacent properties, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood.
Petitioner Comments: The variance if granted will not visually impair or detract from the neighborhood. There are three neighbors; 1) the furthest neighbor away is across CRC 64 and cannot see the structure 2) the second neighbor is across Vista Verde Rd. which is about 800 ft to the NE and 3) the third neighbor is North of the property and is vertically approximately 50 ft above. If the variance is granted, the new home on our property would be more tucked into the hillside for the third neighbor. If the variance is not granted the new home will be taller and more visible for the third neighbor.
Board of Adjustment – 1/11/21 Activity # PL-20-181 Barger Variance
Routt County Planning Department
Staff Comments: It is staff’s opinion that the granting of this variance will not have any effect on the above described elements due to the fact that the proposed structure will be replacing an existing one and that the nearest residence is located more than 50’ higher in elevation than the proposed structure.
3.4.6.A.5 The variance, if granted, will not be directly contrary to the intent and purpose of this Resolution or the Routt County Master Plan.
Petitioner Comments: If this variance is granted, we do not believe it conflicts with the Master Plan of Routt County
Staff Comments: There are no apparent conflicts with the Zoning Regulations nor the RC Master Plan. Residences are a use by right in the A/F zone district and this application does not propose any new uses.
Board of Adjustment Options:
Approve the variance if the above noted tests are met.
Approve conditionally if the above noted tests are met or can be met by the application
of certain conditions, or if certain conditions are necessary to mitigate concerns.
Table for specific reasons; e.g. more information, site review, etc.
Deny the variance if it does not meet the criteria stated above or if the variance would
create a health or safety hazard or would negatively impact public welfare.
STAFF RECOMMENDATION
Staff recommends approving the variance as requested with conditions of approval,
based on the following findings of fact.
FINDINGS OF FACT that may be appropriate if the Variance is APPROVED:
1. Peculiar and exceptional practical difficulties or an unnecessary and unreasonable hardship will be imposed on the property owner if the provisions of this Resolution are strictly
enforced because requiring the proposed structure to be located outside of the setback would:
a. require the re-location of existing infrastructure; b. occupy the central open area of the site;
c. possibly require the re-location of the driveway which is impossible due to the location of the easement that has been granted for access by the US Forest Service; and
d. Possible require the removal of mature vegetation.
2. Circumstances creating the hardship were created subsequently through no fault of the appellant because the present nonconformity was created in the late 1950s.
3. The property for which a variance is requested possesses an extraordinary and exceptional situation or condition which does not occur generally in other property in the same Zone
Board of Adjustment – 1/11/21 Activity # PL-20-181 Barger Variance
Routt County Planning Department
District in that the site has a physical constraint limiting the building envelope. This physical constraint is the small acreage size and the narrowness of the parcel. 4. The variance, if granted, will not diminish the value, use or enjoyment of the adjacent
properties, nor curtail desirable light, air and open space in the neighborhood, nor change the character of the neighborhood because the configuration and size of the structure is:
a. generally in conformity with the adjacent properties and neighborhood; b. replaces an existing structure;
c. is located approximately 230’ away from, and 50 vertical feet below, the nearest residence.
5. The variance is not directly contrary to the intent and purpose of this Resolution or the Routt County Master Plan as there are no apparent conflicts with RCZR standards or RCMP policies.
CONDITIONS that may be appropriate include the following:
1. The building shall comply with all applicable requirements of the Routt County Building Department.
2. If construction of the building does not commence within 1 year, this variance shall be subject to another review with full submittal. A 12 month extension may be approved administratively without notice.
3. This approval is specific to the plans submitted in the application. Any change in footprint, size, height or site location that increases the level on non-conformance will be subject to a new application. Minor variations that do not increase the level of non-conformance can be approved administratively, without notice.
4. A foundation only building permit will initially be signed off on by Planning. Prior to Planning signing off on the full building permit, a certified survey of the location of the foundation forms must be submitted.
5. Best Management Practices (BMP’s) shall be utilized during construction to prevent erosion and drainage flow onto adjacent properties, drainage to the east of the parcel and the county road right of way.
6. A Grading and Excavation Permit will be required if necessary. 7. All exterior lighting will be downcast and opaquely shielded.
8. Revegetation of disturbed areas shall occur within one growing season with a seed mix which avoids the use of aggressive grasses. See the Colorado State University Extension Office for appropriate grass seed mixes.
To Whom it May Concern
RE: Variance Request Narrative / Description We are requesting a variance specifically for a building setback on the North property line. The variance request is for the new 2 bedroom home build setback to be at 10 ft from the North property line. The current cabin sits at 21.8 ft from the property line with the septic system in between the house and the South property line where there is also a narrow 10ft wide easement prescribed by the USFS and is the only access to the property from CRC 64 on the Southern property line. The proposed new home build would be 11.8 ft closer to the North property line. The property is already considered a non-conforming lot by Routt County, as it is .9 acres zoned as Agricultural Forest and the property dimensions are 150’ x 270’ with a building setback of 50’ off all property lines.
Narrative 1. The property is 150’ wide as per the survey completed by D & D Land Surveying (970) 879-2715. If the provisions of the Zoning regulations are enforced the location of the septic, driveway access and the setback of 50 ‘on all sides create a hardship with respect to improvement, repair or replacement the existing cabin. In addition the new septic system as proposed by the soils engineer identify the tank and leach lines to be located between the house and the Southern property line.
2. The property and structure was subdivided and built in 1940 and was in existence prior to our purchase on October 30, 2020.
3. The property is 150’x 270’ with the driveway access prescribed by USFS, the septic system, the cabin and Coulton creek on the East side as indicated on the site plan with existing and proposed locations all on the narrowest section of the property (150’) wide making the property extremely congested within oof the same zoning have 35 acres to work with. The soils engineer has stated that the location on the site plan is the best possible location and other locations are not desirable.
4. The variance if granted will not visually impair or detract from the neighborhood. There are three neighbors; 1) the furthest neighbor away is across CRC 64 and cannot see the structure 2) the second neighbor is across Vista Verde Rd. which is about 800 ft to the NE and 3) the third neighbor is North of the property and is vertically approximately 50 ft above. If the variance is granted, the new home on our property would be more tucked into the hillside for the third neighbor. If the variance is not granted the new home will be taller and more visible for the third neighbor.
5. If this variance is granted, we do not believe it conflicts with the Master Plan of Routt County Thank you for your consideration in this matter
Dan Barger
Existing residence
Central open area of the site. The existing residence is on the right hand side of the picture.
West side of the residence and the hillside behind it.
North side of the residence and the hillside behind it.
10.0000
YEAR ROUND CREEK.
STRUCTURES MUST BE 65' MIN.
FROM WATER
LOCATION OF NEW HOUSE
10'-0" FROM PROPERTY LINE
EXISTING HOUSE TO BE REMOVED
TO BE REMOVED
TO BE REMOVED
100' FROM CREEK
10.0000
10.0000
PROPOSED NEW
SEPTIC SYSTEM
EXISTING SEPTIC TANK
TO BE REMOVED AND FILLED
DESCRIPTION DATE REVISIONS DRAWN SCALE DATE JOB NO. 7. 6. 5. 4. 3. 2. 1. NO. SHEET
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BARGER RESIDENCE
30920 County Road 64 Clark, CO 80428
APN# 920071002
A R C H I T E C T U R E
CHRIS HEINRITZ
P.O. BOX 1207
NEWCASTLE, CA 95658
916.835.0146
[email protected]SITEPLAN
01
-NTS
-north
SITE PLAN
Scale @ 24X36 - 1=20
10'
20'
40'
80'
9 of 117'-0" 9'-0" 11'-0" 3'-6" 9'-0" TOP OF CURB CLG. HT. FINISH FLOOR TOP PLATE TOP PLATE HDR @ BARN DOORS FINISH FLOOR @ DECK TOP OF RAIL @ DECK 12 7 12 3 6 A8.1 4 A8.1 7 A8.1 1 A8.4 302 303 304 304 306 308 9'-0" 11'-0" TOP OF CURB CLG. HT. FINISH FLOOR TOP PLATE 2 A8.1 3 A8.1 8 A8.1 1 A8.2 301 303 307a DESCRIPTION DATE REVISIONS DRAWN SCALE DATE JOB NO. 7. 6. 5. 4. 3. 2. 1. NO. SHEET
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BARGER RESIDENCE
30920 County Road 64 Clark, CO 80428
APN# 920071002
A R C H I T E C T U R E
CHRIS HEINRITZ
P.O. BOX 1207
NEWCASTLE, CA 95658
916.835.0146
[email protected]ELEVATION A
Scale @ 24X36 - 1/4" = 1'-0"
A
ELEVATION B
Scale @ 24X36 - 1/4" = 1'-0"
B
EXTERIOR
ELEVATIONS
A3.1
KEYNOTES
301 CLASS "A", 24 GA. STANDING SEAM METAL
ROOFING; INSTALL PER MFR. SEE ELEVATIONS FOR STYLE.
302 EXTERIOR FINISH: BOARD AND BATT SIDING
303 8X8 WOOD POSTS
304 8X14 WOOD BEAMS
305 METAL SECTIONAL ROLL-UP GARAGE DOOR
306 BARN DOORS
307 RAILINGS:
a) 42" METAL GUARDRAILS
308 FINISHED GRADE SHALL SLOPE AWAY FROM
BUILDING
309 24" X 30" GABLE END VENTS
1' 2'
4'
8'
10 of 11
(North)
(East)
9'-0" 11'-0" 8'-0" TOP OF CURB CLG. HT. FINISH FLOOR WDW. HDR TOP PLATE 5 A8.1 7 A8.1 1 A8.2 1 A8.4 6 A8.1 12 7 302 309 7'-0" 11'-0" 7'-0" 9'-0" 10'-0" 3'-6" HDR @ GAR DR. FINISH FLOOR @ DECK TOP OF RAIL @ DECK TOP OF CURB CLG. HT. FINISH FLOOR TOP PLATE 1 A8.1 2 A8.1 8 A8.1 7 A8.3 3 A8.1 301 305 306 307a 308 DESCRIPTION DATE REVISIONS DRAWN SCALE DATE JOB NO. 7. 6. 5. 4. 3. 2. 1. NO. SHEET
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BARGER RESIDENCE
30920 County Road 64 Clark, CO 80428
APN# 920071002
A R C H I T E C T U R E
CHRIS HEINRITZ
P.O. BOX 1207
NEWCASTLE, CA 95658
916.835.0146
[email protected]ELEVATION C
Scale @ 24X36 - 1/4" = 1'-0"
C
ELEVATION D
Scale @ 24X36 - 1/4" = 1'-0"
D
EXTERIOR
ELEVATIONS
A3.2
KEYNOTES
301 CLASS "A", 24 GA. STANDING SEAM METAL
ROOFING; INSTALL PER MFR. SEE ELEVATIONS FOR STYLE.
302 EXTERIOR FINISH: BOARD AND BATT SIDING
303 8X8 WOOD POSTS
304 8X14 WOOD BEAMS
305 METAL SECTIONAL ROLL-UP GARAGE DOOR
306 BARN DOORS
307 RAILINGS:
a) 42" METAL GUARDRAILS
308 FINISHED GRADE SHALL SLOPE AWAY FROM
BUILDING
309 24" X 30" GABLE END VENTS
1' 2'
4'
8'
11 of 11