PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM City and County of Broomfield, Colorado To: Planning and Zoning Commission From: John Hilgers, Planning Director Michael Sutherland, Planner Meeting Date Agenda Category Agenda Item # June 9, 2014 Business 4. b. 1. Public Hearing on a Variance Application to Allow a 12.25-Foot Rear Yard Versus the Required 25-Foot Rear Yard in Order to Construct an Uncovered Deck Agenda Title: Location: 16697 Pinnacle Court Subdivision: Anthem Filing No. 6, Replat A (Anthem Highlands) Applicant: Justin Ochocki 2. Consideration of Resolution No. PZ 2014-14 Regarding the Application Summary Justin Ochocki, the applicant and owner of 16697 Pinnacle Court, requests approval of a variance to allow a 12.25-foot rear yard versus the required 25-foot rear yard for the purpose of constructing a rear deck, a portion of which would be approximately 51 inches above grade. The applicant provided a letter from the Anthem Highlands community association approving the proposed deck and encroachment. The applicant provided a letter signed by three neighboring property owners indicating support of the proposed deck and encroachment. The property at 16697 Pinnacle Court is zoned planned unit development (PUD) and the minimum required rear yard is 25 feet. According to the approved PUD plan, decks under 30 inches in height may encroach up to ten feet into the rear yard. The existing house at 16697 Pinnacle Court has a stoop at the back door and a retaining wall in the back yard. The back wall of the house is not parallel to the property line. Mr. Ochocki provided elevation and site drawings showing where the proposed deck exceeds 30 inches in height and where the proposed deck exceeds requirements. Mr. Ochocki requests approval of a variance to BMC Section 17-38-320 to allow a 12.25-foot rear yard for his property at 16697 Pinnacle Court for the purpose of installing an uncovered rear deck on the back of the existing house. Prior Commission Action None for the subject lot. Alternatives Based on testimony and evidence presented on the record at the public hearing: Prior to closing the hearing, if the proposed variance request has outstanding issues, the Commission may continue the public hearing to a future date. After closing the hearing, if the proposed variance request and evidence associated with same comply with the applicable Broomfield Municipal Code standards (BMC Section 2-40-070): approve the request. After closing the hearing, if the Commission determines there is insufficient grounds for the variance request: deny the request. Proposed Actions Hold the public hearing. Following and subject to the results of the public hearing, the Commission may either o o Adopt Resolution PZ 2014-14 approving the variance request; or Adopt Resolution PZ 2014-14 denying the variance request in accordance with determinations made pursuant to BMC Section 20-40-070(C). Item 4.b. - Page 1

Rear Yard Setback Variance at 16697 Pinnacle Court June 9, 2014 Page 2 VARIANCE REQUEST The applicant and property owner, Justin Ochocki, provided the following information for the variance request. An outline showing existing conditions and justifications (two pages) - Attachment 1 Proposed deck site plan (one sheet) - Attachment 2 Proposed deck elevations (one sheet) - Attachment 3 Approval from Anthem Highlands community association (one page) - Attachment 4 Consent letter signed by three neighbors (one page) - Attachment 5 The following map shows the location of the property on Pinnacle Court over an aerial photograph showing existing improvements in the area. Mr. Ochocki provided a photograph of the existing stoop and retaining wall on the west side of his house. For safety reasons regarding when to require railings, staff measures the height of a deck as the maximum distance between the deck surface and the grade, as opposed to the average distance or minimum distance from deck surface to grade. The west side of the proposed deck surface, as shown in the elevations, is approximately 51 inches above grade although most of the proposed deck would be approximately 24 inches above the retaining wall. Item 4.b. - Page 2

Rear Yard Setback Variance at 16697 Pinnacle Court June 9, 2014 Page 3 On March 10, 2009, Council approved the Anthem - West P.U.D. Plan and Preliminary Plat by Resolution No. 2009-27. The approved PUD plan allows decks under 30 inches in height to encroach up to ten feet into required rear yards throughout the Highlands and Ranch neighborhoods. The required rear yard in Anthem Filing No. 6 is 25 feet. As noted above, Mr. Ochocki's proposed deck would not qualify for the allowed encroachment. For reference purposes, Mr. Ochocki shows both the 25-foot required rear yard and the ten-foot encroachment for decks under 30 inches in the deck site plan, as shown in the following illustration. Mr. Ochocki provided approval from the Anthem Ranch community association dated April 24, 2014 and a letter signed by three neighboring property owners indicating no negative impacts. The property owners shown are the property owner to the south and the two property owners located behind the Ochocki residence on Plateau Lane. Item 4.b. - Page 3

Rear Yard Setback Variance at 16697 Pinnacle Court June 9, 2014 Page 4 PROCESS FOR CONSIDERATION OF A VARIANCE A public hearing is required in accordance with Chapter 2-40 of the Broomfield Municipal Code (BMC). During the public hearing, the Planning and Zoning Commission considers and reviews the request pursuant to BMC Section 2-40-070(B), as shown in the following applicable code sections. At the conclusion of the public hearing, the Commission makes determinations pursuant to BMC Section 2-40-070(C), also shown in the following applicable code sections. The concurring vote of at least four members of the Commission, regardless of attendance, is necessary to approve the proposed waiver request. A resolution denying the request may be approved by a simple majority. Approval Approval of the variance request allows the property owner to proceed with construction of an uncovered deck in the rear yard of 16697 Pinnacle Court in conformance with the plans attached to this memorandum. Any expansion of the deck or covering of the deck by the property owner or future property owners will require a new variance request. Future reconstruction of the deck by the property owner or future property owners will be subject to the requirements of BMC Chapter 17-36, Nonconforming Uses. Unless otherwise stated in the Commission minutes, all uses or structures permitted by variance shall be commenced within six months of the time such variance is granted, otherwise the variance shall be null and void. Denial Denial of the variance request confirms the rear yard building setback for 16697 Pinnacle Court at 25 feet with the allowance for decks under 30 inches in height to encroach up to ten feet into the rear yard. The applicant may redesign the deck plans to conform to the requirements and apply for a building permit. Appeals There are no appeals to a variance decision by the Planning and Zoning Commission. Any dispute with the legality of the Planning and Zoning Commission s decision would be processed through the court system. APPLICABLE CODE SECTIONS 2-40-070 Powers, duties and procedures to grant variances and make adjustments to zoning. The planning and zoning commission shall also have the following powers and duties: (A) To hear and decide appeals from, and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of the regulations established by this title. (B) To authorize variances from the terms of title 17, B.M.C., where, by reason of exceptional conditions, the strict application of any regulation enacted in this title would result in peculiar and exceptional practical difficulties to, or undue hardship upon, the owner of such property, provided that such relief may be granted without substantial detriment to the neighborhood or to the public good and without substantially impairing the intent and purposes of title 17, B.M.C. [see the following Section 17-02-010], and provided that no variance shall authorize any use other than the use permitted in the zoning district, except as authorized in subsection (C) below. Item 4.b. - Page 4

Rear Yard Setback Variance at 16697 Pinnacle Court June 9, 2014 Page 5 (C) To authorize, as variances, alterations in nonconforming buildings or uses, provided that the commission determines: (1) That the total area (and volume in the case of buildings) devoted to the altered nonconforming use will not be greater than the total area devoted to the current nonconforming use, and (2) The altered nonconforming building or use will not have any greater adverse impact on the neighborhood than the current nonconforming building or use. The factors which the commission may consider include, but shall not be limited to: a. The purpose of title 17, B.M.C.; b. Noise; c. Visual impact; d. Dust; e. Odors; f. Traffic; and g. Impact on public services. (D) To perform each and all of the duties specified in section 31-23-307 C.R.S., together with all other duties or authority which may hereafter be conferred upon it by the laws of the state or ordinances of the city. (E) The commission shall not be authorized to vary the terms of the sign code but may grant special exceptions as (F) set forth in sections 17-44-320 through 17-44-370. When acting pursuant to this section, the commission shall hold a public hearing on all applications and appeals subject to the following: (1) Notice shall be given in accordance with the provisions of chapter 17-52. (2) Unless otherwise stated in the commission s minutes, all uses permitted by variance pursuant to subsections (B) and (C) above shall be commenced within six months of the time such variance is granted, otherwise the variance shall be null and void. (3) A fee of $25.00 shall be charged for all appeals and variance requests, which fee shall be paid by the applicant or appellant in addition to the notice fees required by chapter 17-52. (4) The concurring vote of four members of the commission shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant in order to effect any variance. (G) Every appeal to the planning and zoning commission shall be filed not later than thirty days from the date of the order, requirement, decision, or determination being appealed. The commission shall have no jurisdiction to hear any appeal not brought within thirty days from the date of such order, requirement, decision, or determination. (H) The order, requirement, decision, or determination by an administrative official shall become a final order of the commission upon the happening of any one of the following events: (1) The failure of the applicant to appeal the order, requirement, decision, or determination of the administrative official to the commission within the time period prescribed in subsection (G) above. (2) The failure of the applicant to appeal the order of the commission to the district court in accordance with Colorado law. 17-02-010 Purpose. The zoning regulations and districts, as set forth in this title, which have been made in accordance with a comprehensive zoning and land use study, are designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. These standards have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (Ord. 149 Art. 1, 1973) Item 4.b. - Page 5

ATTACHMENT 1 Variance Request for 16697 Pinnacle Court, Broomfield, CO A. Summary of variance request: a. This request is for a variance to reduce the required 25' rear yard setback by an average of 10' 8". At the largest point the request for setback reduction is 12' 4". The purpose of the request is for the construction of a rear-yard deck that is level with the rear sliding door and approximately 24" off current grade created by the existing patio. b. Drawings are attached that depict the proposed deck. Drawings include a Deck Site Plan, Rear Side Elevation and Rear Elevation. B. Summary description of the zoning requirement for which the variance is requested: a. The rear yard setback is 25' as set forth in the Approved Site Development plan for Anthem, Filing 6. C. Summary justification and hardship. a. We are requesting this variance for the safety of our children, for structure integrity of the existing property and to maintain adequate drainage. i. The existing, builder installed, rear yard patio has nonconforming steps off the sliding back door onto a concrete paver patio with a 2' 6" drop off the edge of the patio to rocks surrounding the back yard. See picture below. This does not allow for a safe outdoor play area connected to the house for our two children, our oldest being 2.5 years old and our youngest being 3 months old. A variance will allow us to build a deck level with the back sliding door and provide Item 4.b. - Page 6

safe access from the house to a safe outdoor play area where we will not be afraid of falling injuries to our young children. ii. The existing patio and retaining wall were built at the time the house was built prior to our ownership in 2012 and were integrated into the drainage design for the existing landscaping. Any changes to the existing patio and retaining wall may cause unnecessary settling and negatively affect the existing property and drainage. D. Summary statement regarding any negative impact on the neighborhood or public good: a. We do not believe there will be any negative impact on the neighborhood. We believe that a new deck will be a more attractive element to our rear yard for the enjoyment of all our neighbors. b. There are a limited number of neighbors that will be impacted by the requested deck as shown in the aerial view below. The location with the "A" pin is the house requesting the variance, and the most impacted neighbor is the house directly behind it. There is a trail and open space on one side of the house and the two houses on the other side are only minimally impacted due to distance and landscaping. c. In addition to the deck, we plan to plant trees near the rear fence, which will add an additional positive impact to the neighborhood. Item 4.b. - Page 7

ATTACHMENT2 EXISTING MOUSE PROJECT MGR: JRW CELL: 720.341.7093 Jonathan@dlkeng.com -1-6P OF NEW DECK/NG FO MATCH INTERIOR floo i FOR SAFETY EX/STING EGRESS WINDOW d'r<ll STEPS AS REOI7 DOUR TO GRADE EXTENT OF NEW DECK INDICATES EXISDNC PATIO /RETAINING WALL EXTENTS ---------- -- 25"SETBACK LINE 12''-0` DLKJOB#: JRW14015 15'SETBACK LINE PROPERTY LINE DATE: 1/21/14 REVISIONS: DECK SITE PLAN 7/I6>1=0 2013 DLK Engineering, LLC SHEET S1.1 Item 4.b. - Page 8

EX/STING GRADE AT PROPERTY LINE EXSTiNG RETAINING WALL & RA 710 DELI( /S 51' f ABOVE EXISTING GRADE AT EDGE SOUTH SIDE ELEVA TION 1' o EXISTING GRADE- AT NORTH EDGE OF DECK( (EAR SIDE) IOP_OF_EOU4%DAIION 966' NEW STONE PILASTER A MATCH EXISTINC STONE DEC;( /5 24"I ABOVE EXISTINC GRADE AT PA //0 REAR ELEVATION 1/8'=0 EXISTINC GRADE AT PROPERTY LINE EXISTING GRADE AT HOUSE Ili I III l 11 ULII 111111. I I ull iii ul J Ill EXISTINC GRADE AT DECK Item 4.b. - Page 9 SHEET S1.2 20130LK Engineering, LLC REVISIONS: DATE: 1121114 DLKJOB#: JRW14015 NMOPL-R LINE IOP_OF_EQl/NDAIION 96.6' ;-COMPOSITE DECKING OMPOSITE RAILING & BALUSTERS PER CODE PROJECT MGR: JRW NEW STONE PILASTER TO MATCH EXISTING STONE CELL: 720.341.7093 Jonathan@dlkeng.com ATTACHMENT 3

ATTACHMENT 4 anthem highlanc^s COMMUNITY ASSOCIATION INC April 24, 2014 Project Ref: [61603949] 16697 PINNACLE COURT JUSTIN OCHOCKI 16697 PINNACLE COURT BROOMFIELD CO 80023 ARCHITECTURAL APPROVAL REQUEST: Deck Dear JUSTIN, After careful examination, the Reviewer has APPROVED your application for the above request providing that the project is completed as submitted. This approval by the Reviewer is based on the concept and does not guarantee the structural integrity of the project. This approval does not relieve the Homeowner from meeting all requirements of the Association's Governing documents and Design Guidelines, nor does it constitute approval of or compliance with applicable Colorado Law, City and County of Broomfield Building and Safety requirements or Zoning Ordinances, nor compliance with builder warranties, rules, regulations and permitting requirements of any entity with jurisdictional authority over activities contained herein. It is recommended by the builder that plantings be placed a minimum of five (5) feet from any foundation concrete or flatwork (i.e. driveways, sidewalks). All construction materials are to be kept on the lot, storage of materials in the street is prohibited. Contractors are to remove all trailers and large equipment from the community at the end of each day. Additionally, it should be noted that any changes made outside of the original approved submittal will require Reviewer approval before any work is to commence. This approval expires six (6) months from date of this letter. When the project is complete, please contact the office to schedule an inspection and/or fill out the online e-form "Request Inspection of Completed Improvement". If the Reviewer can be further help, please let me know. Thank you for submitting your request. On behalf of the SARC & Reviewer, M HIGHLANDS COMMUNITY ASSOCIATION, INC. Item 4.b. - Page 10

ATTACHMENT 5 Re: Deck addition at 16697 Pinnacle Court, Broomfield, CO Dear Neighbor, My wife and I would like to have a deck off the rear of our house, in order to provide safe access to the yard and to provide a safe outdoor area for our 2 children to play. The existing, builder installed, rear yard patio has non-conforming steps off the sliding back door that do not provide safe access, and the existing patio also has a 2' 6" drop off the edge of the patio to rocks surrounding the back yard, with no railing. Our desire is to have a deck level with the back sliding door. Through the processes of designing, and planning for this deck, we have discovered that we would be in violation of a setback set forth in the Approved Site Development plan for Anthem, Filing 6. We are in the process of working with the City of Broomfield on a variance to allow us to build a deck that would fit our desires, but we want to get your input as well. Please review the attached documentation, and consider how this may negatively impact the neighborhood. If you feel that there would be no negative impact, please sign below. Thanks! Justin and Krista Ochocki Documentation included with letter: Deck site plan Rear Elevation Drawing South Side Elevation Drawing Written justification to be included with the variance request submitted to the City of Broomfield. o Including a picture of our current patio and access from the house Acceptance of no negative impact: Print Name Address Signature Item 4.b. - Page 11

PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 2014-14 A RESOLUTION APPROVING A VARIANCE FOR 16697 PINNACLE COURT, LOT 16, ANTHEM FILING NO. 6, REPLAT A TO ALLOW A 12.25 FOOT REAR YARD SPECIFICALLY FOR AN UNCOVERED REAR DECK RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO Section 1. The Planning and Zoning Commission finds that: 1.1 An application was submitted by the property owner for the variance request below to allow: A 12.5 foot rear yard as opposed to the 25-foot required yard to allow a rear deck with a maximum dimension of 15 feet by 29 feet. 1.2 Said rear deck shall be subject to the requirements of Chapter 17-36 of the Broomfield Municipal Code, Nonconforming Uses. 1.3 Said application was considered during a public hearing held June 8, 2014. 1.4 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.5 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code Section 02-40-070. 1.6 Construction of said deck shall be complete no later than December 9, 2014, otherwise the variance shall be null and void. Section 2. This Resolution constitutes the written report, findings and decision of the Broomfield Planning and Zoning Commission. Section 3. Decision. On the basis of the above, the Broomfield Planning and Zoning Commission approves the variance requested in the application based on the following findings of fact: 3.1. 3.2. The following conditions are placed on the approval: 3.1.. 3.2 PASSED on June 9, 2014. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.b. - Page 12

PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 2014-14 A RESOLUTION DENYING A VARIANCE FOR 16697 PINNACLE COURT, LOT 16, ANTHEM FILING NO. 6, REPLAT A TO ALLOW A 12.25 FOOT REAR YARD SPECIFICALLY FOR AN UNCOVERED REAR DECK RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO Section 1. The Planning and Zoning Commission finds that: 1.1 An application was submitted by the property owner for the variance request below to allow: A 12.5 foot rear yard as opposed to the 25-foot required yard to allow a rear deck with a maximum dimension of 15 feet by 29 feet. 1.2 Said rear deck shall be subject to the requirements of Chapter 17-36 of the Broomfield Municipal Code, Nonconforming Uses. 1.3 Said application was considered during a public hearing held June 8, 2014. 1.4 Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal Code. 1.5 Said application is in conformance with the applicable requirements of the Broomfield Municipal Code Section 02-40-070. 1.6 (Conditions of denial). 1.7 (Conditions of denial). 1.8 (Conditions of denial). Section 2. This Resolution constitutes the written report, findings and decision of the Broomfield Planning and Zoning Commission. Section 3. Decision. On the basis of the above, the Broomfield Planning and Zoning Commission approves the variance requested in the application based on the following findings of fact: 3.1. 3.2. Chairman Planning and Zoning Commission Secretary Planning and Zoning Commission Item 4.b. - Page 13