PARK COUNTY BOARD OF ADJUSTMENTS PLANNING DEPARTMENT STAFF REPORT Board of Adjustments Hearing Date: May 10, 2016 To: Board of Adjustments Members Date: April 26, 2016 Prepared by: Sheila Cross, Director of Development Services Jill Falchi, Planning Technician Case Number: 16SET-01 Subject: Cavanaugh Variance Request: The applicant is requesting a 25-foot variance from the north side property line setback requirement to accommodate an existing garage. _____________________________________________________ Application Summary: Applicant: Jeanne Cavanaugh Owner: J Bar J Investment Co. Location: Lininger Lake Amended, Lot 9 including the south 20 ft. of Lot 8 and less the south 10 ft. of Lot 9. Property is addressed as 2071 Co Rd 58 L-9. Current Zone District: Residential (R) Surrounding Zoning: Residential (R), Conservation/Recreation (CR), Mining (M), and Agricultural (A). See Attachment 1. Lot Size: 2.8 Acres Existing Use: Single Family Residential Proposed Use: Single Family Residential Background: The subject lot is located approximately two miles west of County Road 58 in the Lininger Lake Subdivision. County Road 58 is approximately two miles north of the Kenosha Pass summit. A Vicinity Map is included as Attachment 2. The applicant is requesting a 25-ft. variance from the north side property line setback requirement to accommodate an existing garage. See applicant’s site plan, Attachment 3. The existing garage was built sometime around 1992, prior to the current owners purchasing the BOA Staff Report 16SET-01 (Cavanaugh) Page 1 of 3 May 10, 2016 Hearing property, without a building permit. In addition to the variance, the applicant is also in the process of obtaining a building permit to bring the structure up to code. In addition, the applicant is requesting an Administrative Lot Consolidation to combine the southerly 20 feet of lot 8 with lot 9. In 1968, presumably to accommodate an existing leach field, the southerly 20 feet of lot 8 was quitclaimed to the owners of lot 9 but was not consolidated in to one lot. The subject structure is also within that 20 foot strip of what will become the northerly portion of lot 9, the subject property. The leach field is also being repaired but does not require a variance because it is a legal nonconformity. Land Use Regulations and Strategic Master Plan: Each of the standards for approval of a variance (Land Use Regulation (LUR) Article III, Division 1, Section 3-100, page 2) is addressed below. 1. A strict application of the Resolution causes peculiar and exceptional practical difficulties or exceptional and undue hardship by reason of exceptional narrowness, shallowness, or shape of a specific piece of land or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the land: The parcel in question is large enough to accommodate current setback requirements, is not irregularly shaped, and does not contain any topographic conditions that would have prevented construction conforming to setback requirements. However, the garage was built within the side property line setback. 2. The applicant provided reasonable and adequate evidence that the variance request is not a self-imposed hardship that can be rectified by means other than relief through a variance: The hardship was caused by the previous owners who built the garage without a permit and within the side setback. The current owners have applied for a building permit to bring the existing garage up to code as well as remove the garage door that faces the adjacent property. 3. There exists no substantial detriment to any neighbor or to the public by the granting of the variance: Staff discerns no substantial detriment to any neighbor or the public that would be caused by granting the variance. The property owners to the north, the Liningers, are in support of this variance. However, they expressed concern regarding storm water runoff from the garage onto their lot. The County Environmental & Code Compliance Specialist has agreed to investigate the situation when the weather is appropriate. BOA Staff Report 16SET-01 (Cavanaugh) Page 2 of 3 May 10, 2016 Hearing 4. The intent and purpose of the regulation being varied is not substantially impaired or defeated by the granting of the variance. Setback regulations exist to provide privacy, light access, and air movement between dwellings. Given that the house immediately to the north is approximately 115 feet away from the subject house, the purpose of the regulation would not be substantially impaired by granting the request. In addition, the subject structure serves as a privacy barrier between the two dwellings. Staff does not find this variance request to be contrary to any of the Guiding Principles of the Strategic Master Plan. Impact Analysis: No physical or aesthetic impacts are anticipated. Public Comment: Public comment from adjacent property owners was received. See enclosed document. Recommendation: Staff recommends approval of the application with no conditions. BOA Staff Report 16SET-01 (Cavanaugh) Page 3 of 3 May 10, 2016 Hearing Zoning Map/Attachment 1 Residential W CR 58 Subject Property Residential Mining Conservation/Recreation HIGHWAY 285 Agricultural Date: 4/25/2016 1 inch = 1,500 feet Parcel data should not be considered survey quality. Park County will not be held liable for misuse or O misinterpretation of this data. © Park County GIS 2014 Document Path: S:\Planning\BOA\BOA 2016\May\Cavanaugh_Variance\Maps\17904_zoning.mxd Vicinity Map/Attachment 2 Subject Property CR 58 HIGHWAY 285 CR 872 Legend Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus Subject Property HIGHWAYDS, 285 USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Date: 4/20/2016 1 inch = 2,000 feet Parcel data should not be considered survey quality. Park County will not be held liable for misuse or O misinterpretation of this data. © Park County GIS 2014 Document Path: S:\Planning\BOA\BOA 2016\May\Cavanaugh_Variance\Maps\17904_zoning.mxd Site Plan/Attachment 3 IMPROVEMENT SURVEY PLAT ON A TRACT OF LAND � NW CORNER LOT 6 (5 ' 716.76' C).LC LOCATED IN THE NORTHWEST � OF SECTION 16, TOWNSHIP ! / fg·� ) COR SEC 16 � - 5.7" 5.1' -6 7 SOUTH, RANGE 75 WEST OF THE 6TH P.M., BLll � 3�1/-4" ALUJ,L. CAP COUNTY OF PARK, STATE OF COLORADO. 01'{ ALUMINUJ.l PIPE IN l.lOUND OF ROCKS PROPERTY DESCRIPTION: LOT 9 lN AMENDED MAP OF LlNINGER LAKE SUBDIVISION. TOGETHER WITH A STRIP OF LAND 20 FEET 1N WIDTH AND 838.11 FEET IN LENGTH, MORE OR l.ESS, THE lENGTH WHICH RUNS O!D O IN EAST AND WEST DIRECTION, AND WHICH ABUTS UPON AND IS ll!MEDIATELY NORTH OF THE BOUNDARY LlNE BETWEEN LOT 8 ,"'\ OU'IHOUSE }[ 4.2' X 5.3' AND LOT 9 OF LJNINGER LAKE SUBDIVISION, BEJNG A SUBDIVISION OF THE NW l4 OF SECTION 16, AND THE S Jia OF THE SW l4 OF SECTION 9, TOWNSHIP 7 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, 't-V'Vf5 �nUfllf EXCEPT A STRIP OF LAND. 10 FEET IN WIDTH AND 832.!B FEET IN LENGTH. MORE OR LESS, THE LENGTH or WHICH RUNS lN AN EAST AND WEST DIRECTION, AND WHICH ABUTS UPON AND IS IMMEDIATELY NORTH OF THE BOUNDARY LlNE BETWEEN LOT 9 0.11 AND LOT 10 OF LININGER LAKE SUBDIVISION, BEING A SUBDIVISION OF THE NW l4 OF SECTION 16, AND THE S Jia OF THE SW l4 OF SECTJON 9, TOWNSHIP 7 SOUTH, RANGE 75 WEST OF THE 6TH PRINC1PAL MERIDIAN, PROPERTY DESCRIPTION AS SHOWN ON A WARRANTY DEED RECORDED AUGUST 09, 1999 UNDER RECEPTION NUMBER 511268 OF THE PARK COUNTY RECORDS. om STONE PROPERTY ADDRESS: GRllL 2071 PARK COUNTY ROAD 58 LOT 9 GRANT, COLORADO. NOTES: (1) THE BASIS OF BEARINGS FOR THIS SURVEY WAS CONTROL LJNE 10 - 11 BETWEEN FOUND 1-l.° AXLES FOUND AS CONTROL POINTS 10 AND 11. � ' THE RECORDED AMENDED MAP OF LJNINGER LAKE SUBDIVISION SHOWS 6 9 HOUSE DETA1L THIS LlNE TO BEAR S37'47'E. SCALE 1 -=30' (2) ACCORDING TO COLORADO LAW YOU !JUST CO!J!JENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WlTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE SURVEYOR'S STATEMENT SHOWN HEREON. l. (3) ANY PERSON WHO KNOWJNGLY ALTERS OR DEFACES ANY PUBLJC LAND SURVEY -·--·--·--· ·--·--·--·--· MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508 C.R.S .• (4) DATE OF FTELD WORK: SEPTEMBER 2015. (WEST 510') (5) THIS IMPROVEMENT SURVEY PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY CROW HILL CONSULTING TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, BOUNDARY DIMENSIONS, RIGHTS-OF-WAY AND LEGAL DESCRIPTION, CROW HILL CONSULTING LOT 7 REIJED UPON THE RECORDED AMENDED MAP OF LlNINGER LAKE SUBDIVISION, OWNER: COFFEE A DEPENDENT RESURVEY AND SUBDIVISION OF SECTIONS IN TOWNSHIP 7 SOUTH, BOOK 479 PAGE 257 RANGE 75 WEST, OF THE 6TH P.M. (INCLUDING SECTION 16) BY THE BUREAU OF LAND MANAGEMENT DATED MARCH 01, 1993 AND INFORMATION SUPPLJED BY C.P. 11 THE CLJENT. (6) THE AMENDED MAP OF LlNINGER LAKE SUBDIVISION, DATED AUGUST 1941, (Nso•oo'oo·w 254.88') L? CLEARLY STATES TIIAT THE EXTERIOR SECTION 16 BOUNDARIES AND SIDE LlNE BOUNDARIES OF LOTS AND TRACTS WERE NOT ESTABLJSHED UPON THE GROUND. THE MAP ALSO STATES THAT THE LOCATJON OF LOTS AND TRACTS WERE FIXED TO A SERIES OF 22 CONTROL MONUMENTS ESTABLlSHED ON THE GROUND BY STEEL BARS. FOUR OF THESE CONTROL MONUMENTS WERE RECOVERED AND USED DURING THIS SURVEY. APPROPRIATELY LABELED ELM MONUMENTS DATED 1987 WERE FOUND AT THE NORTH AND SOUTH ENDS OF THE WEST LJNE OF THE NORTHWEST !, OF SECTION 16.