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Board of Adjustment approves front-setback variance for 101 Crestview Circle

Summit County Board of Adjustment · March 28, 2024
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Summary

The Summit County Board of Adjustment approved a front-setback variance for 101 Crestview Circle to reduce the required front setback from 15 to 10 feet, concluding the steep slope and limited developable area create an unusual hardship; staff recommended approval with clarified conditions limiting relief to the front setback only.

The Summit County Board of Adjustment voted to approve a variance allowing a new single-family home at 101 Crestview Circle to be built 10 feet from the front property line instead of the code-required 15 feet, citing steep slopes that staff said limit the buildable area.

County planner Madeline presented the application, explaining that steep slopes occupy roughly 70% of the lot and that the combination of lot size, required setbacks and critical lands (steep slopes) restricts a reasonable building envelope. Madeline told the board staff recommended approval based on the five variance standards and asked the board to adopt a clarified condition of approval specifying that the variance applies only to the front setback and that no side- or rear-setback variances are approved.

Neighbor Lyle May of 110 Crestview Circle testified that he has lived nearby 17 years and raised concerns about a power line and the accuracy of a certified survey; he said portions of the proposed house appeared to overlay very steep areas. Madeline and the applicant’s representative responded that utility relocation would be handled by the utility company and that the staff exhibit indicates the steepest area in question appears to be a previously excavated (man-made) slope.

During deliberations, board members noted that existing homes in the neighborhood often sit close to the road and that the proposed siting would minimize grading and preserve more of the lot’s steeper areas. A board member moved to approve the variance per the staff findings and the clarified conditions; the board voted to approve the variance and the chair stated the motion passed unanimously.

The approval includes the staff-recommended findings of fact and conclusions of law and the clarifying condition that only front-setback relief to 10 feet is granted; the applicant must still demonstrate compliance with side and rear setbacks at building-permit review. The board did not attach a separate cap on tree removal and noted utility relocation and final design details would be handled during permitting.

The board moved on to other agenda items after approving the variance.