Board of Adjustment Agenda and Packet 2024 01 24

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SUMMARY: The applicant requests a rehearing of their request for a variance from the Coal Creek Ranch Filing 3 Planned Unit Development (PUD) to allow a 15.8-ft front setback where 20 feet is required for a two-story covered porch and deck on a new single-family home. The original variance hearing took place on October 18, 2023, during which the Board voted three in favor and one opposed to the request, resulting in denial of the application. With four Board members present, all four members would need to vote for approval of a request. The Board of Adjustment Bylaws allow a rehearing if there has been a substantial change in the facts or law following the original hearing and an appeal has not been filed for the original hearing. Section 9 of Bylaws: Section 9: Rehearing. The Board may rehear a previously granted or denied variance application and may modify its decision thereon only if- A. The hearing is conducted and the decision modified at a time prior to the date an appeal of the initial decision must be perfected pursuant to C.R.C,P, 106(a)(4). and, B. There has been a substantial change in the facts or law subsequent to the initial hearing_ Staff recommends that the Board entertain the rehearing based on additional signification information that was not available at the October 18, 2023 hearing. This additional information may be considered a substantial change in the facts considered by the Board in rendering the final decision. This additional information includes the following: - At the initial hearing, the applicant did not provide testimony or information from their architect related to project planning and alternative analysis that resulted in in the proposed encroachment into the front setback. A letter is attached dated November 30, 2023 from the applicants' architect providing more detail on these considerations. - At the initial hearing, city staff did not provide a comparative analysis of the size of the proposed home to others being rebuilt in the neighborhood. In the Coal Creek Ranch neighborhood, 110 homes have received rebuild permits following the Marshall Fire. The range of home sizes is 2,305 square feet to 6,526 square feet. The mean average home size is 4,102 square feet and the median average home size is 4,005 square feet. The proposed building area for 953 St. Andrews Lane is 3,585 square feet, well below the average home size in the Coal Creek Ranch neighborhood. Staff finds that the additional information provides new substantive information and context specifically relevant to Review Criteria Nos. 3, 4, 5 and 6. The design considerations and limitations created by the retaining wall impact the range of reasonable development options, the constraints are not created by the applicant, the design is within the character of the 953 St Andrews Ln - Variance Page 2 of 8 BOA — JANUARY 24, 2024