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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2018-07-03RECORD OF PROCEEDINGS Estes Valley Board of Adjustment July 3 , 2018 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 Newsom, Poggenpohl, Smith, Moreau Also Attending: Community Development Director Randy Hunt, Planner I Robin Becker, Town Attorney White, Recording Secretary Karin Swanlund Absent: John Lynch Chair Poggenpohl called the meeting to order at 9:00 a.m. There were approximately 35 people in attendance. He introduced the Board Members and staff. 1. AGENDA APPROVAL It was moved and seconded (Smith/Newsom) to approved the agenda as presented and the motion passed 3-1 with Poggenpohl abstaining. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated June 5, 2018 It was moved and seconded (Smith/Moreau) to approve the minutes for June 5, 2018 as presented and the motion passed unanimously. 4. FORMAL APPEAL of Zoning Approval in Connection with Larimer County Building Permit #18-UTL0095, Lot 12, 2101 Dry Gulch Road: Michael Moon, applicant; Greg Cenac, appellant The appellant formally appealed a decision of the staff (Community Development Department) that a Conex storage unit meets the Estes Valley Development Code (EVDC) criteria to be classified as an “accessory structure.” Appellant asserts that the unit does not meet Code under Sections 1.3.A, 1.3.F, 1.3.M and 1.8. Staff formally responded the appeal by reaffirming the Zoning Approval in connection with the Larimer County Building Permit; said Zoning Approval was originally issued on April 3, 2018, and reissued following further review on June 15, 2018. A legal notice was published in the Estes Park Trail Gazette on June 15, 2018. Public interest is moderate. Staff recommends the Board find that Staff’s determination is correct and the appeal be denied. BOARD COMMENTS/QUESTIONS: Hunt answered Moreau’s question, that there is no specific place in the Development Code that addresses aesthetics. The issuance of a permit is one in a multi-layered situation involving approvals with HOA’s and Covenants, however staff doesn’t review or RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 July 3, 2018 take into account the specifics of Covenants. Attorney White explained that Covenants are a private contract between owners of real property, serving as a function to control the use of property. Typical Convents do contain building use and aesthetics on the use of the property. Our Code does not govern Covenants. They are separate and a private property right that is enforceable by their terms. Basis of original approval was that the unit was not distinguishable from other residential accessory structures under our regulatory Code entitling it to an approval conforming to Zoning. June 15, 30-day appeal period for decisions by staff. The April date was rescinded, a practical step legal under code, to reinstate a new approval date of June 15 to allow the public time to appeal. There was no requirement for Temporary Use Permit by the Planning Department APPELANT COMMENTS: Greg Cenac, 2115 Ridge Road, formally appealed the decision to grant this building permit. A permit allowing the use of a “Cargo Container for Storage” in an Estes Valley Residential Neighborhood is not following the intent of the Code in 11 different sections. Harmonious, Aesthetic or Good Civic design. Neighbors attempted to solve this problem by speaking with the owner, Mr. Moon, to no avail. Mr. Cenac stated that no planning staff members ever checked out the building site. Staff has made the wrong decision and it is up to this Board to overturn that decision. Neighbors complained to owners when the unit first showed up, approximately 3 years ago. Owner promised to move within first couple of months. Every 6 months neighbors were told owner would remove it. County was called in September 2017 and a violation was issued. After six months, it was not removed and owner applied for a permanent building permit. OWNER COMMENTS: Michael Moon, 2101 Ridge Road, reviewed the reason for having of the storage unit and the permitting process taken. He asserted that the container meets all EVDC Codes, and was never meant to be permanent; he just needed go through belongings. He noted that, there has been no mediation or attempt at communication by neighbors in over a year, it was all behind our back and that he tried to handle this in a legal fashion, and to communicate. The Covenants have not been enforced or renewed in 48 years, making them invalid and requested the Board to affirm the Community Development decision. PUBLIC COMMENTS: Those speaking in favor of the Appeal: Betty Hull, 1723 Stone Gate Drive, Mark Lee, 2165 Ridge Road, Mark Thiess, 2120 Ridge Road, 1593 Dry Gulch, Barton Smith 2110 Ridge Road, Linda Langer, 1861 Raven Avenue, stating the following reasons: Covenants trump Code, unintended consequences, dangerous precedent, lack of regard for neighbors, curb appeal, aesthetics, due diligence not done, neighbors not notified John Meissner, 751 Heinz Parkway, stated that there are ways to make storage containers attractive and fit in, and warned of the consequences of disallowing them. BOARD COMMENTS: RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 July 3, 2018 Poggenpohl summarized that this type item should require a Temporary Use Permit, should not be allowed on a permanent basis, intent of the Comprehensive Plan and Development Code should be considered, and a revision Code Statutes as soon as possible. He stated that he is disappointed in County’s building permit process, and there was poor use of Covenants by the neighbors. It was moved and seconded (Moreau./Newsom) to reverse the staff determination regarding the Zoning Approval for Larimer County Building Permit #18-UTIL0095 on Lot 12, 2101 Ridge Road, Estes Park, Colorado, and the interpretations the Estes Valley Development Codes 1.3, 1.6a, 1.8a1, 1.8b1, 5.1n, 5, 5.3.c, 7.1, 7.5, 7.11, 7.13 and 5.2.d, to support this reversal. The motion passed 3-0 with Smith recusing himself. 5. REPORTS-Director Hunt Due to the length of the meeting, there were no reports given. There being no other business before the Board, the meeting adjourned at 10:10 a.m. ___________________________________ Rex Poggenpohl, Chair __________________________________ Karin Swanlund, Recording Secretary