HomeMy WebLinkAbout322 W Hyman Ave_COA_Powerpoint_BOA 5-6-2020Side Yard Setback Variance
322 W Hyman Avenue
Board of Adjustment May 6, 2021
Applicant:Michael Behrendt Trust
Representative:Ezra Louthis, Aspen Development Services, LLC
Request of Board of Adjustment:
Variance to Minimum Setback Requirements
R-6 Zone District requirements for Principal Structures (6,000 sq. ft. lot)
•10 foot front yard setback
•Minimum of 5 foot side yard with a total of 15 feet on both sides
•10 foot rear yard setback
Background & Existing Conditions
•Retaining wall in place since at least the mid 80’s, failing and needs to be
reconstructed
•Bounded by 334 W Hyman (St. Moritz Lodge) to the west and 312 W Hyman
to the east
•Retaining wall is between the subject property (322 W Hyman) and 312 W
Hyman
Variance Requests:
For construction of a roughly 7’ retaining wall
that will run along the East property line
322 West Hyman Avenue:
E Side Yard Setback Variance: 0’ setback (5’
required)
Encumbrances
•Roughly 6’ drop –rare for surrounding parcels
and zone district
•Wall has been in same spot for decades
Concrete wall w/ footer design
MSE Wall Section with
Type 1-AT Connection
No Scale
(VP)= Vertical placement of geogdd layers.
Measurements are from the base elevador.
(L)= Length of geogrld. Measurements are
from the face of the block.
Swale As Needed and Grade
to Drain Away From Wag
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Ground Level
Geogrld Layer
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Free Draining Backlff to Extend
at Least 12" Behind Wal j ..
Wall Exposed
I
;;-:— Move Blocks Forward During
Height Wall
:-� Instaladon to Engage Shear
Knobs (Typical)
r 'I'
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28' Middle
Block
26' Bottom
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Standards applicable to variances (26.314.040)
1) …generally consistent with purposes, goals, objectives and standards…
2) …minimum variance…reasonable use of parcel, building, or structure
3) Literal interpretation…would deprive the applicant of rights commonly enjoyed…
In determining whether an applicant’s rights would be deprived…
a) special conditions and circumstances which are unique to the parcel, building or
structure… or
b) Granting the variance will not confer…any special privilege denied…to other
parcels, buildings or structures in the same zone district
Staff supports the proposed variance for the following reasons:
1.Causing an Applicant an “unnecessary hardship v. mere inconvenience”
•6’ drop at property line is rare for zone district and other parcels in the same zone
district
•Although the retaining wall is a man-made condition, no reasonable alternative
design solutions exist
2.Impacts to neighboring property
•Engineering requests a construction and maintenance agreement or; alternatively,
construction and maintenance plan that demonstrates that the retaining wall can
be constructed without impacting the neighboring parcel
3. Staff has drafted a resolution of approval with conditions
Alternatively, should the BOA find that a hardship does not exist on
the property
•Make a finding that a hardship does not exist on this property
•Pass a motion to approve the denial of the variance request
Questions for Staff?