Agenda Date: 04/15/2026
Subject:
Title
AAC Resolution 02-2026: Approving a variance to allow for an addition to an accessory structure with setbacks to the north of 2.6' and setbacks to the west of 1.3', where the maximum permitted setback for accessory buildings is five (5) feet.
Body
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Prepared by: |
Rachel Vigil, Planner I |
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Presentations: |
Rachel Vigil, Planner I |
PURPOSE:
Subsection 10-1-1.6.B.C of the Unified Land Use Code (ULUC) requires that accessory buildings that are located more than 5’ to the rear of the principle structure shall have rear and side setbacks of 5’. The applicant seeks a variance to allow for an addition to an accessory building to be built 2.6’ from the north (side) setback and 1.3’ from the west (rear) setback.
LONG-TERM OUTCOME(S) SERVED:
High Quality Governance
DISCUSSION:
Variances are typically considered when the strict application of the Littleton City Code creates an undue hardship on an applicant or when a hardship is created by physical surroundings. The applicant is requesting the variance to build an addition onto an existing accessory structure on the property. The applicant states that the variance “represents the minimum relief necessary to allow the garage extension to align with the existing fence and historical property line configuration.”
BACKGROUND:
The variance request was evaluated against the variance criteria set forth in Section 10-9-9.4.C.1 of the ULUC and listed below:
a. Strict application of the provisions of this Code would impose an undue hardship on the applicant and deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
b. The hardship is based on or results from the particular physical surroundings, shape, or topographical conditions of the subject property.
c. The hardship under which the variance is sought was not created by the owner, occupant, or agent of the owner of the property in question.
d. The variance requested is the minimum necessary that will make possible a permitted use of the land, building, or structure.
e. A variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district.
f. A variance will not adversely affect the public health, safety, and welfare.
In staff’s opinion, the proposed application meets three of the six review criteria, as elaborated in the staff report.
Prior Actions or Discussions
5/6/2025 Applicant applied for a variance request (VAR25-0002)
7/31/2025 Pre-Application Meeting (PREAPP25-0031)
FISCAL IMPACTS:
N/A
ALTERNATIVES:
The Appeals and Adjustment Commission (AAC) may either approve, approve with conditions, deny the request, or continue consideration to gather more information. If the commission denies the request or places a condition of approval objectionable to the applicant, the applicant may appeal the decision to city council within 15 days of the decision.
STAFF RECOMMENDATION:
Based on staff’s analysis, it appears the proposed variance is not in compliance with the approval criteria in Section 10-9-9.4.C.1, as detailed in the staff report. Therefore, staff recommends denial of AAC Resolution 02-2026
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PROPOSED MOTION:
I move to approve AAC Resolution 02-2026, approving a variance to allow for an addition to an accessory structure with setbacks to the north of 2.6' and setbacks to the west of 1.3', where the maximum permitted setback for accessory structures is five (5) feet.
REFERENCES:
Unified Land Use Code (ULUC) Variances:
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3305
NB Lot and Building Standards:
Document Viewer | Littleton, CO City Code and Charter <https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx> (Table 10-4-2.2)