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Title:
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AAC Resolution 04-2025: Approving a variance to roof form requirements at 5770 S Bemis St to allow for a partially flat roof.
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Agenda Date: 09/17/2025
Subject:
Title
AAC Resolution 04-2025: Approving a variance to roof form requirements at 5770 S Bemis St to allow for a partially flat roof.
Body
Prepared by:
Rachel Vigil, Planner I
Presentations:
Rachel Vigil, Planner I
PURPOSE:
Subsection 10-4-3.2.C.C.7 of the Unified Land Use Code (ULUC) requires "Roof style...and roof pitch shall be similar to those found on existing structures within the same block." The applicant is requesting approval of a variance to this standard to allow for a new single-family home to be built at 5770 S Bemis St with a partially flat roof.
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 applicants would like to demolish the existing structure on their property and construct a new 3-bedroom single- family home. This proposed home would have a partially flat roof, though the contextual development standards, as they apply to this block, require a pitched roof. Therefore, they are requesting a variance to the above contextual development standards.
The applicants state that due to constraints created by a floodplain on this lot, "which significantly reduces the buildable footprint and prohibits a basement," this roof form variance is "important to keeping the building within allowable height." They argue that a pitched roof would lead to a further loss of square footage within their proposed home and that their "goal is to construct a thoughtfully scaled primary residence that responds directly to the site's environmental limitations while contributing positively to the surrounding streetscape."
The applicants seek a variance to build their new home with a partially flat roof in order to maximize their home's usable square footage due to the constraints presented by the floodplain.
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; and
f. A variance will not adversely affect the public health, safety, and welfare.
In staff's opinion, the proposed application only meets three of the six review criteria, as elaborated in the staff report.
Prior Actions or Discussions
7/24/2025 Pre-Application Meeting (PREAPP25-0033)
8/25/2025 Applicant applied for variance request (VAR25-0006)
FISCAL IMPACTS:
N/A
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 04-2025.
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.
PROPOSED MOTION:
Proposed Motion
I move to approve AAC Resolution 04-2025, approving a variance to allow for a partially flat roof on a proposed house located at 5770 S Bemis St.
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REFERENCES:
Unified Land Use Code (ULUC) Variances:
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3305
Contextual Development:
https://online.encodeplus.com/regs/littleton-co-cc/doc-viewer.aspx#secid-3001xr3135_1