To: Members of the Board of Adjustment
From: Tammy King, Zoning Manager
Title
Continued from February 7, 2019 - Request for Approval of Variance from the Rear Setback Requirement PD (Planned Development - Single Family)
Body
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Executive Summary
The purpose of this staff memorandum is to seek action by the Board of Adjustment on a request by Diann Kidder for variance from the required sixteen-foot (16’) rear setback for deck on a single-family residence in the PD Zone (Planned Development - Single-Family). The subject property is addressed as 4616 Larksong Drive, also known as Lot 18 Block 3, The Meadows 9th Flg.
The applicant has submitted a site plan, which will constitute an approximate (7.3’) variance to the minimum required sixteen-foot (16’) rear setback requirement in the PD zone district, if approved by the Board.
VICINITY MAP
Discussion
The applicant is requesting consideration by the Board for approval of a variance from strict enforcement of the zoning regulations for the rear setback to construct a deck on a single family dwelling that encroaches 7.3’ into the required sixteen feet (16’) rear setback.
PLOT PLAN
TOPOGRAPHY GRADES
Discussion (continued)
• The variance request is 7.3’
• The current setback only allows for a 6’ wide deck.
• The house is a ranch with a walkout
• From the back of the house to the property line, there is a 4.8’ drop
• From the front property line to the rear property line, there is a 11.3’ drop
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 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 un-necessary 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 allowed deck size will not accommodate the family needs;
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 topography of the lot;
C. Unique physical conditions or exceptional topography exist on the subject property and similar, unique conditions do not exist on neighboring properties:
Staff finds that unique physical conditions may exist for this property due to topography of the lot.
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, due to the topography of the lot;
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 and the proposed deck has been approved by the HOA;
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 deck has been approved by the HOA.
Staff Recommendation
Staff recommends approval due to:
• Topography of the lot
• No opposition to the proposed deck
• HOA has approved the proposed deck
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 Diann Kidder’s request for approval of a variance from the sixteen-foot (16’) rear setback for a deck on a single-family residence in the PD zone; based upon:
• Topography of the lot
• No opposition to the proposed deck
• HOA has approved the proposed deck
Option 2
I MOVE THAT THE BOARD OF ADJUSTMENT DENY Diann Kidder’s request for approval of a variance from the sixteen -foot (16’) rear setback for a deck on a single-family residence in the PD 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 APRIL 8, 2019.
Attachments:
Attachment A: BOA Application Packet - BOA19-0001 - 4616 LARKSONG DRIVE