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Board makes 24-foot setback permanent to cure Winter Park garage encroachment
Summary
Grand County's Board of Adjustment on May 13 approved a permanent 24-foot front-yard setback for the garage at 353 County Road 853 in Winter Park Highlands Unit 3, removing a proposed one-year expiration and leaving only a fee requirement.
The Grand County Board of Adjustment unanimously approved on May 13 a permanent 24-foot front-yard setback for 353 County Road 853 in Winter Park Highlands Unit 3 to cure a historical garage encroachment.
Community Development Director Kristen Manguso told the Board that a modern site survey discovered a detached garage built under a 2004 permit (Building Permit No. B04-0533) sits 25.5 feet from the front property line, creating a 4.5-foot encroachment from the required 30-foot setback. The property is owned by Thomas Henry Caldwell and Emily Horan Caldwell, who purchased the home in 2015.
Manguso recommended the variance under the Board’s criteria, noting the current owners did not construct the garage and argued the longstanding structure had not caused detriment to neighbors or to the intent of residential zoning. She detailed that prior to 2015 the county did not require professional setback verification surveys and staff historically relied on field inspections; the county now requires staking exhibits and post-construction verification surveys.
Board member Sandra Scanlon objected to staff’s proposed Conditions 2 and 3, which would have limited the variance to a one-year expiration tied to a new building permit. The Board directed staff to strike those conditions, concluding that a permanent remedy is appropriate for a structure that has stood for more than two decades. Thomas Johnson moved to approve the 24-foot setback subject only to payment of certified mailing and public notice fees; Sandra Scanlon seconded and the motion passed unanimously (3-0).
The Board’s action resolves the existing zoning violation so future building permits for the property will not be blocked by the encroachment, subject to the single staff condition that the applicant pay the required fees. There was no recorded neighbor opposition in the minutes.
Next steps: applicants should confirm payment of fees and proceed with any planned permits; staff will record the variance as a permanent right attached to the land.
