Proposed setback is uncharacteristic
The proposed structure is a 2-story wood frame house with dimensions of 26 to 30 feet wide and 48 feet long with a gable roof and is proposed to be located only 22.5 feet from Lee Road, which provides access. To our knowledge, out of 701 lots in Evergreen Park Estates, there are no residential structures within the 30-foot front setback zone and the vast majority of dwellings are significantly farther back from the road frontage.
Such a large and tall structure so close to the road would represent a substantial change in the rural character of our neighborhood, where large natural yards are the norm. There are far more horse pastures than there are front setback exceptions and variances. This ambiance is a vital part of the appeal of our neighborhood and we have no interest in turning that character into one more representative of Highlands Ranch.
This conclusion is further substantiated by the Planning Inspector?’s report, dated January 12, 2007 (on file), which states, ?“The impacts of the applicant?’s proposal will be mostly visual but will be minimized by the forestry on the site.?” However, it is noted that no tree removal for defensible space has yet occurred and with a front setback of only 22.5 feet, where a 100-foot clear zone is required for defensible space, it is likely that there will be no trees or vegetation that will minimize this visual impact, nor would any be allowed due to defensible space requirements. Therefore, the visual impact, and the change in the character of our community, would be totally unmitigated.
Further, consider that Lee Rd. is a gravel surface and becomes quite dusty anytime the road surface is dry. A home only 22.5 feet from the gravel road would receive significant dust impacts through open windows throughout much of the year. Air conditioning is virtually unnecessary and absent in our community and the best way to mitigate the dust problem would be to set the house back from the road as far as possible. People move to our community for the fresh air and practically build their homes well back from the gravel roads, which establishes the practical basis for the character of our neighborhood. Perhaps the County should reconsider the front setback requirements on gravel roads for health reasons.
The attached petition of neighbors demonstrates that a large number of nearby residents do not want this development to change the character of our community.
One of the statutory criteria under Zoning Resolution Section 3.C.2 upon which an exception can be granted is ?“ ?… that no substantial detriment will be caused to the general public welfare or local community character.?” By granting this exception, the Zoning Administrator has violated this criterion and thereby, agrees to change the character of our community without the agreement of that community.
The proposed structure is a 2-story wood frame house with dimensions of 26 to 30 feet wide and 48 feet long with a gable roof and is proposed to be located only 22.5 feet from Lee Road, which provides access. To our knowledge, out of 701 lots in Evergreen Park Estates, there are no residential structures within the 30-foot front setback zone and the vast majority of dwellings are significantly farther back from the road frontage.
Such a large and tall structure so close to the road would represent a substantial change in the rural character of our neighborhood, where large natural yards are the norm. There are far more horse pastures than there are front setback exceptions and variances. This ambiance is a vital part of the appeal of our neighborhood and we have no interest in turning that character into one more representative of Highlands Ranch.
This conclusion is further substantiated by the Planning Inspector?’s report, dated January 12, 2007 (on file), which states, ?“The impacts of the applicant?’s proposal will be mostly visual but will be minimized by the forestry on the site.?” However, it is noted that no tree removal for defensible space has yet occurred and with a front setback of only 22.5 feet, where a 100-foot clear zone is required for defensible space, it is likely that there will be no trees or vegetation that will minimize this visual impact, nor would any be allowed due to defensible space requirements. Therefore, the visual impact, and the change in the character of our community, would be totally unmitigated.
Further, consider that Lee Rd. is a gravel surface and becomes quite dusty anytime the road surface is dry. A home only 22.5 feet from the gravel road would receive significant dust impacts through open windows throughout much of the year. Air conditioning is virtually unnecessary and absent in our community and the best way to mitigate the dust problem would be to set the house back from the road as far as possible. People move to our community for the fresh air and practically build their homes well back from the gravel roads, which establishes the practical basis for the character of our neighborhood. Perhaps the County should reconsider the front setback requirements on gravel roads for health reasons.
The attached petition of neighbors demonstrates that a large number of nearby residents do not want this development to change the character of our community.
One of the statutory criteria under Zoning Resolution Section 3.C.2 upon which an exception can be granted is ?“ ?… that no substantial detriment will be caused to the general public welfare or local community character.?” By granting this exception, the Zoning Administrator has violated this criterion and thereby, agrees to change the character of our community without the agreement of that community.
