City and County of Broomfield, Colorado
PLANNING AND ZONING COMMISSION
AGENDA MEMORANDUM
To:
From:
Planning and Zoning Commission
John Hilgers, Planning Director
Anna Bertanzetti, Principal Planner
Meeting Date
Agenda Category
Agenda Item #
September 8, 2014
Business
4.a
1. Public Hearing on an application for a Variance Request to the required side yard
setback in the E-3 Estate District from 25 feet to 15 feet to allow a detached garage (a
variance of 10 feet).
2. Consideration of a Proposed Resolution No. PZ 2014-30 regarding the application
Agenda Title:
Location:
2455 Red Hawk Place
Subdivision:
Red Hawk Estates Filing No. 1
Applicant:
Daniel Macdonald
Summary
 Property owner Daniel Macdonald is requesting approval
to vary the side yard setback from 25 feet to 15 feet (a 10foot variance) in order to construct a detached garage.
 The property is located in the Red Hawk Estates Filing No.
1 subdivision and is zoned E-3 Estate District.
 The applicant is requesting a variance due to the proximity
of existing septic lines, electrical lines, and in-ground pool.
 No building permit has been applied for or issued for the
proposed garage. The applicant will apply for a permit if
the variance is granted.
 The request proposes to vary from the Broomfield
Municipal Code requirements as follows:
 Permit a reduction in the side yard setback from 25
feet to 15 feet (a variance of 10 feet) in order to
construct a detached garage (BMC 17-13-050).
Prior Commission Action
None for subject lot.
Alternatives
Based on testimony and evidence presented on the record at the public hearing:
 If the proposed variance request has outstanding issues, the Commission may continue the public hearing to a
future date.
 If the proposed variance request and evidence associated with same comply with the applicable Broomfield
Municipal Code (BMC Section 2-40-070) standards: Approve the request.
 If the Commission determines there is insufficient grounds for the variance request: deny the request.
Proposed Actions/Recommendations
 Hold the public hearing.
 Continue the public hearing.
 Following and subject to the results of the public hearing, if the Commission finds the standards contained in the
BMC required to approve the variance requested in the application have been met, the Commission may
either…..
o
Adopt Resolution PZ 2014-30 recommending approval with or without conditions;
The Deputy City and County Attorney will be available to suggest language for proposed findings
based on the evidence and testimony gathered at the public hearing and upon receiving
direction from the Commission
Or…
o
Adopt Resolution PZ 2014-30 recommending denial.
Item 4.a. - Page 1
Variance at 2455 Red Hawk Place
September 8, 2014
Page 2
BACKGROUND
The house at 2455 Red Hawk Place was constructed in 2011. Lots within the subdivision are in
various stages of development. The houses on lots located on either side of 2455 Red Hawk
Place have been completed.
The subject lot includes one single-family house and an in-ground pool. Lots in Red Hawk
Estates are on private septic systems. The septic system and field for the subject lot are
located on the north half of the lot. An in-ground pool had also been constructed by the property
owner near the south edge of the septic area.
The applicant would like to be able to add a detached garage on the subject property. The
garage is approximately 30 feet long and 22 feet wide. It is designed to be consistent with the
house architecture in terms of materials and colors. The applicant is requesting a variance to
allow the garage to encroach 10 feet into the 25 foot side yard setback. The owner believes
moving the garage farther from the property line would be cost prohibitive due to the location of
septic lines, electrical lines, and the existing in-ground pool.
VARIANCE REQUEST
The applicant is requesting the approval of a 10-foot variance to the required 25-foot side yard
setback (creating a 15-foot side yard setback) in order to construct a detached garage. In the
E-3 zoning district, the side yard setback is a minimum of 25 feet for detached accessory
structures and is 15 feet for the primary residence. The applicant's request is provided as
Attachment 1.
Item 4.a. - Page 2
Variance at 2455 Red Hawk Place
September 8, 2014
Page 3
Item 4.a. - Page 3
Variance at 2455 Red Hawk Place
September 8, 2014
Page 4
STAFF ANALYSIS
The criteria for consideration of a request for a variance is found in the Broomfield Municipal
Code (BMC), Section 2-40-070. The authority to authorize variances is based on the following:
"… 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."
The applicant stated in their variance request (Attachment 1) there are existing lines to the
septic system and electric lines located between the proposed garage and the existing inground pool. The applicant believes he would be unable to build the requested garage at the
required 25-foot setback due to the proximity of these existing lines and the in-ground pool.
Moving the lines and/or pool would be cost-prohibitive for the applicant.
"provided that such relief may be granted without substantial detriment to the
neighborhood or the public good and without substantially impairing the intent and
purposes of title 17, BMC."
The applicant has submitted the following to substantiate the request for the variance:


The applicant has provided approval from the Red Hawk Estates Homeowner's
Association Architectural Review Committee (Attachment 2).
The applicant has provided names and signatures for six property owners located within
500 feet of the lot supporting the variance request (Attachment 3).
"and provided that no variance shall authorize any use other than the use permitted in
the zoning district…"
The detached garage is a permitted use in the E-3 zone district.
PROCESS FOR CONSIDERATION OF A VARIANCE
A public hearing is required in accordance with Chapter 2-40 of the Broomfield Municipal Code
(BMC).
At the conclusion of the public hearing, the Planning and Zoning Commission will review the
request against the applicable requirements of the BMC and make a decision in accordance
with Section 2-40-070 of the BMC with findings for approval or denial. The concurring vote of
four members of the commission shall be necessary to reverse the decision or determination of
any administrative official or to decide in favor of the applicant.
Approval
Approval of the variance request allows the applicant to apply for a building permit to construct
the garage in the proposed location. Conditions may be attached to the approval at the
Planning and Zoning Commission’s discretion.
Item 4.a. - Page 4
Variance at 2455 Red Hawk Place
September 8, 2014
Page 5
Denial
Denial of the variance request would not allow the applicant to build the garage in the proposed
location.
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
Appeals and Variances
Chapter 2-40, Broomfield Municipal Code
2-40-070 Powers and duties generally.
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., 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.
(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
set forth in sections 17-44-320 through 17-44-370.
(F) 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:
Item 4.a. - Page 5
Variance at 2455 Red Hawk Place
September 8, 2014
Page 6
(1)
(2)
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.
The failure of the applicant to appeal the order of the commission to the district court in accordance with
Colorado law.
Item 4.a. - Page 6
ATTACHMENT If
My name is Daniel Macdonald. My wife and I own 2455 Red Hawk Pl.
We are requesting a variance review in order to build a garage within 15 feet of our west
property line. Our neighborhood setback requirement is 15 feet for a house and 25 feet
for an outbuilding.
My understanding is that the outbuilding variance is to protect neighbors from building
horse barns, chicken coups, dog kennels and similar things near the property line, not
necessarily from garages and sheds.
I would like to build a garage that matches the design of our house. I am asking for a 15
foot side setback because I can't fit the building I would like elsewhere. As you can see
on my proposed plot plan, there are other things restricting me from other locations
including sewer pipes, electrical lines, pool and septic field and reserve. I have asked all
my neighbors within 500 feet if they have any issues with the location and for those that
didn't, to signed my letter and plot plan. As you can see, they all signed off on it.
Please review my proposed garage and location on my plot plan and please consider the
15 foot setback.
Daniel Macdonald
Item 4.a. - Page 7
ATTACHMENT 2
Red Hawk Estates
1.0850 Dover St. # 1300
Westminster, CO 80021
303-252-1900
15549 Zuni St. LLC.
10850 Dover St. Suite 1300
Westminster, CO. 80021
July 24, 2014
& Mrs. McDonald
2455 Red Hawk Pl.
Broomfield, CO. 80023
RE: Architectural Review for
2455 Red Hawk Pl. Garage out building
Red Hawk Estates filling No. 1
Broomfield CO. 80020
Dear Mr. & Mrs. McDonald,
Per your request, the Architectural review committee for Red Hawk Estates has
reviewed your plans dated 3-19-2014 and revised 4-18-2014 for the above
reference lot submitted on 7-24-2014. The plans are approved for construction
color scheme to match existing home.
`Stan Gardner
15549 Zuni St. LLC.
Architectural review committee
Item 4.a. - Page 8
ATTACHMENT 3
Hello Neighbors,
Karen and I would like to build a small garage on the west side of our house. We need to
go through a variance review process with Broomfield in order to put the building 15 feet
from the side property line.
According to our neighborhood setbacks, we have to be 15 feet for a house and 25 feet
for any outbuilding. My understanding is that the primary reason for this 25 foot setback
is to protect you from neighbors from installing a horse barn, chicken coup, dog kennel or
things of that nature right next to your property line. We are not building it for any of
those reasons. The building will be used to store lawn tools, work tools, car, bikes and
kid toys.
To speed up my variance review process, I am asking that you review my proposed
location and if you do not have any issues with the location, please sign below so I can
submit to the city with my variance request.
Thank you!
Dan Macdonald
2445 Red Hawk P1: Greg & Rachel Larson
2440 Red Hawk P1: Hans & Amber Vonder Hoff
2450 Red Hawk P1: Ryan & Ashlie Wiens
2460 Red Hawk P1: Patrick & Katherine Keating
2465 Red Hawk P1: Nicholas & Angela Hays
2475 Red Hawk P1: Ryan & Lindsey Probasco
Item 4.a. - Page 9
Item 4.a. - Page 10
BUILDER:
DAN MACDONALD2
2455 RED HAWK PLACE
BROOMFIELD CO. 80023
A2: ELEVATIONS
STRUCTURAL ENGINEER
TBD
80025
hawk 'l ace
5jroom(tield, CO
24 5 5 Red
TABLE OF CONTENTS:
Al: COVER SHEET
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 2014-30
A RESOLUTION APPROVING A VARIANCE FOR
2455 RED HAWK PLACE, RED HAWK ESTATES FILING NO. 1,
TO ALLOW A DETACHED GARAGE
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:
Vary the side yard setback from 25 feet to 15 feet (a 10-foot variance)
in order to construct a detached garage.
1.2
Said application was considered during a public hearing held September 8, 2014.
1.3
Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal
Code.
1.4
Said application is in conformance with the applicable requirements of the Broomfield
Municipal Code Section 02-40-070.
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 with the following findings of fact:
3.1
………………………………..; and
3.2
………………………………………………………….
The Broomfield Planning and Zoning Commission approved the variance with the following condition:
3.1
…………………………………………………..
PASSED __________________on September 8, 2014.
________________________________
Chairman
Planning and Zoning Commission
____________________________________
Secretary
Planning and Zoning Commission
Item 4.a. - Page 11
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 2014-30
A RESOLUTION DENYING A VARIANCE FOR
2455 RED HAWK PLACE, RED HAWK ESTATES FILING NO. 1,
TO ALLOW A DETACHED GARAGE
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:
Vary the side yard setback from 25 feet to 15 feet (a 10-foot variance)
in order to construct a detached garage.
1.2
Said application was considered during a public hearing held September 8, 2014.
1.3
Proper notice was given in accordance with chapter 17-52 of the Broomfield Municipal
Code.
1.4
Said application is in conformance with the applicable requirements of the Broomfield
Municipal Code Section 02-40-070.
1.5
(conditions of denial).
1.6
(conditions of denial).
1.7
(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 denies the variance
requested in the application.
PASSED __________________on September 8, 2014
________________________________
Chairman
Planning and Zoning Commission
____________________________________
Secretary
Planning and Zoning Commission
Item 4.a. - Page 12