The Nederland Board of Zoning Adjustment (BZA) met on Wednesday, January 17, to discuss the variance request for 71 Pinecliff Trail.

The owner and applicant of 71 Pinecliff Trail brought the project to the BZA after their engineering team faced obstacles in creating the design plan. Because of the size of the lot, its original topography, and the general location of the property, it was difficult to design the home to meet all of Nederland’s code requirements.

The property does not meet the minimum lot size of 1 acre required by the Mountain Residential (MR) classification, as the parcel is only 0.39 acres. However, back in June 2022, the Town released a statement that deemed 71 Pinecliff a non-conforming lot under NMC 16-184. This declared that if the owner is granted approval by the Board of Trustees, construction can continue.

The applicant requested a variance of the minimum front yard setback for MR from the required 30 feet to 15 feet.

The BZA voted unanimously to approve the variance because it met the following criteria:

Unique physical circumstance: The lot cannot conform to NMC standards due to the narrow lot frontage, steep slopes, and existing adjacent driveways.

Unnecessary hardship is not the fault of the applicant: 71 Pinecliff Trail was established in 1981, before the adoption of the zoning code.

The variance will not alter the character of the neighborhood: The single-family residential dwelling fits within the neighborhood of Big Springs.

The variance requires the least modification of this Chapter’s provisions as possible: Aside from the front yard variance, the applicant is willing to build within all other requirements.

The BZA approved the variance with a reminder from the Nederland Fire Protection District that a fire hydrant will still need to be acquired because the closest fire hydrant sits 390 feet away from the property.

The Nederland Board of Zoning Adjustment meets quarterly. For more information, visit https://townofnederland.colorado.gov/board-of-zoningadjustment.