Town of Castle Rock - File #: BOA 2019-006

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video/Audio
4/8/2019	1	Board of Adjustment	Approved	Pass	Action details	Meeting details	Video

To: Members of the Board of Adjustment

From: Tammy King, Zoning Manager

Title

Request for Approval of Variance from the Rear and Front Setback Requirements

R-2 (Single Family)

Body

________________________________________________________________________________

Summary

The purpose of this staff memorandum is to seek action by the Board of Adjustment on a request by Christopher Evans for variance from the required twenty-five foot (25’) front and rear setback for a second story addition on a single-family residence in the R-2 Zone (Single Family). The subject property is addressed as 616 Third Street, also known as W 54ft of N 12ft of Lot 11 Block 14 and W 54ft of Lot 12 Block14 Craig and Gould’s Addition to Castle Rock.

The applicant has submitted a site plan, which will constitute an approximate eleven-foot (11’) variance to the minimum required twenty-five foot (25’) rear setback requirement in the R-2 zone district, if approved by the Board.

VICINITY MAP

PLOT PLAN

EXISTING DWELLING

PROPOSED ELEVATION

Discussion

• The variance request is for 11’ for front and rear setback

• The current setback of the existing dwelling is 14’

• The house is currently a ranch with a walkout

• Home was built in 1948

• The addition will also require Historic Preservation approval

• No neighborhood objection

Town of Castle Rock Municipal Code 17.06.020 Powers and Duties

B. Variances

1. Following proper notice; the Board shall hear and decide an appeal on specific cases for a variance to the following: Rear and Front Setback.

2. In making its decision on a variance application, the Board shall consider the following and find:

a. The strict enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardship to the applicant, inconsistent with the intent and purpose of this Code;

b. The practical difficulties or unnecessary hardship were not created by the applicant;

c. Unique physical conditions or exceptional topography exist on the subject property and similar unique conditions do not exist on neighboring properties;

d. The property is unable to be reasonably developed in conformity with the provisions of this Code due to unique physical conditions or exceptional topography;

e. The variance, if granted, will not substantially alter the character of the neighborhood in which the property is located, or impair the use or development on adjacent property; and

f. The variance, if granted, will not create an adverse effect on public health, safety and welfare or cause harm to adjacent properties.

3. The Board may impose reasonable conditions on the grant of a variance. In addition, upon approval of a variance, the Board shall determine whether the variance is limited to the condition existing on the property at the time of approval, or whether the variance runs with the land regardless of whether the conditions on the property change.

4. The decision of the Board shall be final, subject to judicial review.

Staff Findings

A. The strict enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardship to the applicant, inconsistent with the intent and purpose of this Code:

Staff finds that strict enforcement of the Code may result in practical difficulties contrary to the intent and purpose of the Code, as the existing home was built in 1948 and does not meet the current setback requirements.

B. The practical difficulties or unnecessary hardship were not created by the applicant:

Staff finds the practical difficulties or unnecessary hardship was created by the non-conforming setbacks on the existing home built in 1948.

C. Unique physical conditions or exceptional topography exists on the subject property and similar, unique conditions do not exist on neighboring properties:

Staff finds that unique physical conditions exist for this property due to the age of the home (1948) and existing nonconforming setbacks.

D. The property is unable to be reasonably developed in conformity with the provisions of this Code due to unique physical conditions or exceptional topography:

Staff has information to support the concept that unique physical conditions or exceptional topography exist on the subject property that would prevent the property from being developed in conformity with the provisions of the current Town code, the second floor addition would not be consistent with the footprint of the first floor.

E. The variance, if granted, will not substantially alter the character of the neighborhood in which the property is located, or impair the use or development on adjacent property:

Staff finds that the variance, if granted, will not substantially alter the character of the surrounding neighborhood; the single-family residence will generally be harmonious with other surrounding neighboring properties, as the home to the east is a second story home, with nonconforming setbacks.

F. The variance, if granted, will not create an adverse effect on public health, safety and welfare, or cause harm to adjacent properties:

Staff finds that the variance, if granted, will not create an adverse effect on public health, safety and welfare or cause harm to adjacent property, and the proposed addition will enhance the existing home and add value to the property.

Staff Recommendation

Staff recommends approval due to:

• Home was built in 1948.

• The second floor addition will be consistent with the footprint of the first floor.

• The block across the street is occupied by a Douglas County School.

• The home to the east is a second story home, with obvious front and rear setback encroachments as well.

• No complaint calls have been received.

Motion Options

In accordance with criteria as stated in the Town of Castle Rock Municipal Code Section 17.06.020 BOARD OF ADJUSTMENT:

Option 1

I MOVE THAT THE BOARD OF ADJUSTMENT APPROVE Christopher Evan’s request for approval of a variance from the twenty-five foot (25’) rear and front setback for a second story addition on a single-family residence in the R-2 zone; based upon:

• Home was built in 1948.

• The second floor addition will be consistent with the footprint of the first floor.

• The block across the street is occupied by a Douglas County School.

• The home to the east is a second story home, with obvious front and rear setback encroachments as well.

• No complaint calls have been received.

Option 2

I MOVE THAT THE BOARD OF ADJUSTMENT DENY Christopher Evan’s request for approval of a variance from the twenty-five foot (25’) rear and front setback for a second story addition on a single-family residence in the R-2 zone; based on the required hardship has not been demonstrated.

Option 3

I MOVE THAT THE BOARD OF ADJUSTMENT CONTINUE THE PUBLIC HEARING TO THE NEXT REGULAR MEETING ON MAY 2, 2019.

Attachments:

Attachment A: BOA Application Packet - BOA19-0002 - 616 THIRD STREET