File #: BOA Resolution 03-2021    Name:
Type: BOA Resolution Status: Passed
File created: 8/10/2021 In control: Board of Adjustment
On agenda: 9/16/2021 Final action: 9/16/2021
Title: BoA Resolution 03-2021: Approving a variance for side lot and rear lot setbacks for property located at 5566 South Elmwood Street, Littleton, CO 80120
Attachments: 1. 1. BoA Resolution No. 03-2021, 2. 2. Application, 3. 3. Staff Report, 4. 4. Presentation_BoA Res. 03-2021
Agenda Date: 9/16/2021

Subject:
Title
BoA Resolution 03-2021: Approving a variance for side lot and rear lot setbacks for property located at 5566 South Elmwood Street, Littleton, CO 80120
Body

Prepared by:
Elizabeth Kay Marchetti, Senior Planner

PURPOSE:
This item is before the board of adjustment because the applicant is requesting an 11-foot variance from required 20-foot rear lot setback and a 5.61-foot variance from the required 10-foot south side lot setback at 5566 S Elmwood Street, Littleton, CO 80120

PRESENTATIONS:
Staff Presenter: Elizabeth Kay Marchetti, AICP
Additional Presenter: Thomas E. Sullivan, property owner

SUMMARY:
The applicant hired a contractor for the purpose of constructing an addition to her one-bedroom home. The 383 square foot addition would create a second bedroom and bathroom and would replace the 621.5 square foot covered patio that stood in its place for years. The covered patio was in disrepair and encroached into the side lot and rear lot setbacks.

The contractor began work without a building permit and when the city was made aware of this, the city issued a stop work order. The addition was largely built out and the applicant fired the contractor.
The applicant then sought out the professional opinion of a structural engineer to analyze a variety of issues with the building addition. According to the engineer, the structure does not require complete demolition, although there is a lengthy list of needed fixes.

The applicant has stopped all work while pursuing this variance request and has committed to all future work happening under a building permit and complying with the city's building code and all fire safety codes.

The hardship was not created by the owner or an owner's agent. The hardship was created by:
1. the original subdivision which produced a narrower lot than is the current R-3 standard; and
2. the sixty-seven and nine tenths foot (67.9') setback of the home on the lot which created a twenty (20) fo...

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