LAND USE DEPARTMENT STAFF REPORT May 15, 2018 Application: Variance – Skyline Break Request By: Mark and Kathy Hartman (Property Owners) Authorized Agent: Mark Fedor Address of Property: 13869 County Road 1 (Lot 2, Mayfield Exemption) Property Size: ~20.0 Acres Authorized Agent(s): N/A Zoning: Valley Case Manager: Bryan Sampson Request___________________________________________________________________ The Applicant is requesting variance from Section 9.3(C) (skyline break), to construct a 2700 square-foot storage building/barn with living space on the upper level. Background / History________________________________________________________ On November 14, 2017, Land Use Staff reviewed story poles erected on the subject lot by the applicant for the purpose of indentifying a potential skyline break. It was clear to both Staff and the Applicant that the proposed structure would break the skyline. Staff informed the Applicant, that in order to construct the proposed structure, a variance from the Visual Impact Regulations would be required. On March 13, 2018 the applicant applied for the variance from standards listed in Section 9.3(C). County Referrals, Outside Agency Referrals, and Public Comments:________________ Building Department Concerns: The Building Inspector received the application for review, and simply noted that the typical building permit process will need to be followed. Adjacent Property Owner Concerns: Two public comments were received at the time of the VIRC hearing; both in opposition to the proposed construction. Those comments are included within this packet for the BOA to review. Page 1 of 8 Notification Requirements:___________________________________________________ VIRC Notice Meetings of the Committee must be “published or publicly noticed at least two (2) days in advance of the meeting. Public Notice was published on April 19, 2018 satisfying this requirement. Board of Adjustment; On-Site Notice On-site posting is required at least 10 days in advance of the hearing before the Board of Adjustment (On or before April 20). The Applicant posted this notice on April 18, 2018, satisfying this requirement. Board of Adjustment; Published Notice Published notice is required at least 10 days in advance of the hearing before the Board of Adjustment and that notice was published on April 26, 2018, satisfying this requirement. Land Use Code Section 19.7(E) Review Requirements____________________________ Note – The Applicant has also provided a written response to this code section. That document is included in your packets. Section 13.16(D)(2) states, in part, that: “Where, by reason of exceptional narrowness, shallowness, shape, or other characteristic of a specific piece of property or by reason of exceptional topographic conditions or by reason of exceptional wildlife and or wildfire impact or other extraordinary and exceptional situation or condition impacting such piece of property, the strict application of Section 9 of this Code would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, the VIRC shall recommend to the Board of County Commissioners the disposition of an appeal, so as to relieve such difficulties or hardship, based on criteria such as: (a) Reflecting immediate natural forms in building mass. (b) Use of natural materials to imitate the immediate surrounding area. (c) Minimize long frontages on visible sides. (d) Recessing and/or shading windows. (e) Multiple roof lines. Provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of Section 9 of this Code.” STAFF RESPONSE: Per Section 9.3C of the Land Use Code: “No structure shall break the skyline as seen from any viewing point within any viewing window as established by Section 9.6 D. of this Code except the following: Page 2 of 8 Where there is a gap in the existing skyline no greater than ten (10) feet wide, a maximum length of ten (10) feet of the roof and walls of the structure may be visible as measured along the skyline…” The property owner has proposed construction of a 2700 square foot storage building/barn with living space on the 2nd story. The subject parcel is located in the Valley Zone and the topography on the parcel varies from somewhat steep, to relatively flat. The proposed home will break the skyline by approximately 54 horizontal feet (see site photos in this packet). Exceptional narrowness, shallowness, shape: The subject parcel is approximately 20 acres in size, and it is the opinion of Staff that after considering the other constraints on the property, the buildable area of the land is reduced to a point that it may qualify as being exceptionally narrow, and shallow (See combined restraint graphic below). Exceptional Topographic Conditions: The subject parcel does include portions of steep terrain, reaching approximately 17.6% slope, which restricts the practical buildable area on the property. In addition to the on-site topographic constraints, the skyline along Dallas Divide “dips”. This geographic characteristic consistently leads to skyline break for many of the structures being constructed along CR24 and CR1. The County has processed numerous variance applications for this same condition in the past. Other extraordinary and exceptional situation or condition impacting property: Flood Plain: The property is greatly encumbered by flood plain along Dallas Creek. Agricultural Lands: Page 3 of 8 Agricultural Lands: There is also productive agricultural land on the property. The Ouray County Master Plan (Section A) specifically states that: “Goal: To encourage the continued use of lands for agricultural productivity and the right to farm and ranch” Policy: “Develop and implement regulations and a process that give incentive to an owner to develop the land in a manner that conserves productive agricultural lands.” Other extraordinary and exceptional situation or condition impacting such piece of property: Water Features & Ditches: It’s been a long-standing goal of Ouray County to preserve and protect water resources, including wetland/riparian areas and agricultural irrigation practices. The various goals and policies found in the Ouray County Master Plan include the following quotes: Develop and implement regulations and a process that give incentive to an owner to develop the land in a manner that conserves productive agricultural lands. Require developers to designate all irrigation ditches, return flow ditches and drainage ditches located within the boundaries of any development plan and designate access to such ditches and surrounding irrigated fields. Identify and strive to protect high-quality and significant wildlife and plant habitat areas. These areas shall include habitats of endangered species, species of special concern, migration corridors, breeding and spawning and birthing areas, wetland and riparian areas, important seasonal habitats, and habitats supporting a high diversity of wildlife species. Page 4 of 8 Setbacks: Section 3 of the Ouray County Land Use Code establishes a 25’ Setback for the South Slope Zone which further encumbers the buildable area of the parcel. Combined Restraint Map: When the site constraints are combined, it’s clear to see that alternative building sites are limited on the subject parcel. The proposed structure is shown in yellow. (Continued on next page) Page 5 of 8 Structural Mitigation Methods: Reflecting immediate natural forms in building mass: It’s Staffs opinion that, as viewed from CR24, the proposed structure reflects the immediate natural forms (mountain peaks) in building mass. The applicant has submitted this photograph of an existing barn in which they plan to model the proposed structure after. Use of natural materials to imitate the immediate surrounding area: Proposed construction materials (see photo above) closely imitate materials and colors found in the immediate surrounding area: Wood exterior stained in natural tones closely matches the surrounding soil and rock material Dark colored rusty-metal roof material that blends very well in the area. Staff would prefer the use of a darker material (grey, brown, etc.) on the garage doors, than the white color that is shown in the example photo. Minimize long frontages on visible sides: The structure is oriented in a fashion that orients the short axis of the structure to be visible from CR24, but the long axis is then visible from CR1. If oriented in the other direction, no mitigation is achieved, because the view of the structure is simply “flip-flopped”; the long axis would then be visible from CR24. Recessing and/or shading windows: The proposed windows are not recessed or shaded (with the exception of the typical eaves above the windows). Multiple roof lines: The proposed home has 3 distinct roof planes. The structure’s highest roof line that breaks the skyline, however, is continuous. (Continued on next page) Page 6 of 8 Review by the Visual Impact Review Committee:_________________________________ The Visual Impact Review Committee reviewed this application on April 30, 2018. The following is their motion and vote from the minutes (included in this packet): MOTION: Clark - Move that we recommend to the BOA that they approve the requested variance for the skyline break by the Hartmans, with the condition that the structure is rotated approximately 90-degrees with Staff review of the exact location, with the goal of minimizing the impact