Littleton commission approves two variances for 5770 South Bemis Street, including partially flat roof

The Littleton Appeals and Adjustment Commission on July 16 unanimously approved two variances allowing a single-family home to replace a commercial building at 5770 South Bemis Street: one to apply single-family narrow-lot (SLR narrow) standards because a mapped floodplain reduces the property—s buildable area, and a second to allow a partially flat roof in deviation from the Unified Land Use Code—s contextual roof-pitch standard.

City staff presented both requests and recommended approval of the lot-standards variance and denial of the roof-form variance. Planner I Rachel Vigil told the commission that the lot is approximately 10,000 square feet, about 4,000 square feet of which lie in the regulated floodplain, reducing the usable area to about 6,000 square feet. "We believe they do meet all six review criteria" for the narrow-lot variance, Vigil said, because the floodplain creates a physical hardship not caused by the applicant and the requested change is the minimum necessary to permit a typical single-family house on the site.

Why it matters: Applying narrow-lot standards changes minimum lot-area and setback requirements that affect where a house can be built on the parcel. Without the narrow-lot variance, the applicant—s buildable envelope would be further constrained by larger setbacks that apply to standard single-family detached lots.

The applicant, Amy Clark, and her husband, Casey Clark, told the commission they plan to replace a deteriorating 1965 commercial building with a family home and that the floodplain restricts both horizontal and vertical building area. "The regulated floodplain provides a hardship and how it affects the site and limits the building envelope in a vertical manner," Amy Clark said. She described design iterations and said fully pitched roofs would either exceed height limits or force much of the house to be single-story, reducing usable living area.

On the roof-form request, staff cited subsection 10.4.3.2.c of the Unified Land Use Code, which requires roof style and pitch to be similar to existing structures within the same block. Staff—s review concluded the block—s residential buildings predominantly show pitched roofs and that allowing a partially flat roof would not meet three of the variance review criteria (undue hardship, minimum necessary, and not conferring a special privilege). Vigil said staff did find a physical hardship from the floodplain but recommended denial of the roof-form variance.

Commission debate centered on whether the floodplain-related loss of basement area and vertical envelope constituted an "undue hardship," whether the proposed partially flat roof was the minimum necessary accommodation, and whether approving the roof form would grant the applicants a special privilege. Commissioners noted a nearby parcel with a partially flat roof (built in 2019) and several neighbors who testified in support of the Clarks— design.

Neighbor comments: Ryan Sharp, owner of 5760 South Bemis Street immediately north of the site, said he supported the project and preferred the Clarks— proposed design to the existing commercial building. Les Feldman, another Bemis Street neighbor, said the proposed design "is pleasant the way you come down the street" and that replacing the current commercial structure would improve the block and adjacent park. Pam Chadbourne, who also spoke during the public comment portion on unrelated Unified Land Use Code concerns earlier in the meeting, expressed concern about the floodplain and asked commissioners to ensure neighboring properties would not be negatively affected.

Commission action and rationale: The commission voted 5-0 to approve the narrow-lot variance (AAC Resolution 03-2025). Commissioners agreed with staff that the floodplain created a physical hardship that was not applicant-created and that applying narrow-lot standards was the minimum necessary accommodation.

On the roof-form variance (AAC Resolution 04-2025), the commission departed from staff—s recommendation and approved the variance 5-0. Commissioners who supported approval said the floodplain-related loss of basement and vertical envelope established an undue hardship and that the proposed partially flat roof was the minimum necessary design response; several commissioners also cited the existing nearby example of a partially flat roof and neighbor support in concluding the roof form would not confer a special privilege denied to others on the block.

Votes at a glance: AAC Resolution 03-2025 (apply SLR narrow lot standards at 5770 S. Bemis St.): Approved, vote 5-0. AAC Resolution 04-2025 (variance to roof-form requirements to allow a partially flat roof at 5770 S. Bemis St.): Approved, vote 5-0.

What the approvals mean: The Clarks may proceed with design work that relies on SLR narrow-lot setbacks and a partially flat roof as presented to the commission; building permits, utility adjustments and any required engineering or floodplain approvals remain separate processes. During the public hearing applicants said the project will include green-roof areas, potential solar panels, and passive-house construction techniques, and that the city has informed them of required sewer-line work affecting the lot.

Next steps and outstanding details: Staff noted alternatives available during the hearing, including approval with conditions, denial, or continuance to a date certain. Commissioners did not attach additional conditions to their approvals during the session. City staff or the applicant did not provide a firm construction schedule; the applicant said the property was purchased on June 30, 2023 and that they submitted initial permit materials in February 2025. The commission—s approval does not rezone the parcel; it remains zoned SLR (small-lot residential).