HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2019-03-05RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
March 5, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith,
John Lynch
Attending: Members Poggenpohl, Lynch, Moreau, Newsom
Also Attend ing: Director Hunt, Senior Planner Woeber, Code Compliance Officer Hardin,
Recording Secretary Karin Swanlund
Absent: Smith
Chair Poggenpohl called the meeting to order at 9:00 a.m. He introduced the Board Members
and staff.
1. AGENDA APPROVAL
Chair Poggenpohl requested two additional discussion items be added to the agenda.
It was moved and seconded (Poggenpohl/Newsom) to approve the updated agenda.
The motion passed 4-0.
2. CONSENT AGENDA
Approval of minutes dated February 5, 2019
There was not a quorum to approve the minutes for February 5, 2019. Approval will take
place at the next meeting.
3. REQUEST OF RECONSIDERATION OF OFFICER ELECTIONS
Vice Chair Moreau questioned last month’s election of officers and not changing the Chair and
Vice Chair or alternating between town/county members. He also stated he would prefer all board
members be present when deciding elections. Newsom agreed with Moreau. Director Hunt noted
that it is no longer an IGA requirement to rotate. Member Smith has announced that he will not be
reapplying when his term is up in May.
It was moved and seconded (Moreau/Lynch) to reconsider the February election of officers.
The motion passed 4-0.
It was moved and seconded (Newsom/Moreau) to elect Jeff Moreau Chair and John Lynch
Vice Chair. The motion passed 4-0.
4. 1545 HUMMINGBIRD DRIVE, Donald and Kathy Townsend, owners
Planner Woeber reviewed the variance request. The applicant applied for approval of a side
setback of 31 feet it lieu of the 50-foot minimum required for the RE, Rural Estate Zoning District
along the eastern property line. The request is to accommodate an addition to the existing
residence. Staff recommended approval of the request.
Commissioner Comments:
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Estes Valley Board of Adjustment 2
March 5, 2019
The single complaint came from the neighbor on the south, who owns a large property. The
subject property is heavily wooded, as are neighboring properties thus the addition will not be
visible. Questions were raised about the garage variance that was given to this property in 2015.
Director Hunt stated other more permanent solutions could be addressed for the nonconforming
lot, not requiring another variance. Approving the variance as applied for puts a new setback line
parallel to the property boundary so no future additions would be constrained.
It was moved and seconded (Lynch/Newsom) to approve the requested setback. The
motion passed 4-0.
5. Discussion on having an alternate board member
State statutes encourage having an alternate member, and having a minimum of four votes for
decisions. An alternate would make things more convenient and help when there is a shortage of
members available for a meeting. Hunt stated that having an alternate was removed from the IGA
years ago for reasons unknown.
It was moved and seconded (Poggenpohl/Newsom) to request appointment of two alternates
to the Board of Adjustment, one for Town and One for County. The motion passed 4-0.
6. Discussion on Zoning and Lot Conformity
Poggenpohl questioned if there is any way for the Board of Adjustment to give staff the authority to
approve setback variance requests that fall within a certain percentage of lot size per required
zoning size. Staff decisions would make it easier, cheaper, and less time consuming. Would
Public Notices be adequate transparency for this process? Hunt suggested having a hearing
officer hear certain types of variances, charging less for the application fee, still requiring a public
hearing but not in front of the board.
It was moved and seconded (Poggenpohl/Lynch) to request that staff investigate and come
up with alternatives and recommendations for simplifying certain variance requests and
conforming lot size proceedings over and above what we are experiencing now. The
motion passed 4-0.
7. REPORTS:
A) Code Compliance Officer Hardin explained the differences between Vacation Homes and Bed
and Breakfast properties. B & B rentals are not currently required to have a Life Safety Survey
however they are subject to the Code Compliance inspection. There is no cap on B & B’s.
B) Director Hunt reviewed the current IGA for the Town and County, noting that there is
discussion on not renewing it when it ends in February 2020. The Board of Adjustment is part
of this decision process and comments are welcome.
C) Discussion was had regarding the current state of the building department, hiring a new Chief
Building Official, and where the department is going in the future.
There being no other business before the Board, the meeting adjourned at 10:15 a.m.
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March 5, 2019
Jeff Moreau, Chair
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Karin Swanlund, Recording Secretary