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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2017-01-10 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 10, 2017, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Lynch, Smith, Newsom, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Planner Carrie McCool, Recording Secretary Thompson Absent: Member Moreau Chair Lynch called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT 2. CONSENT AGENDA Approval of minutes dated December 6, 2016. It was moved and seconded (Smith/Newsom) to approve the minutes as presented and the motion passed unanimously with one absent. 3. METES & BOUNDS PARCEL LOCATED AT 3501 DEVILS GULCH ROAD Planner Gonzales reviewed the staff report. The variance request is from EVDC 5.1.B.1.c(3) “Bed and Breakfast Inn and Vacation Home – Residential Character”, to allow existing full kitchen facilities to remain in the guest units. The code currently prohibits full kitchen facilities in guest rooms or guest units associated with a B&B or Vacation Home. Planner Gonzales stated the property is zoned RE-1–Rural Estate and is approximately 11.21 acres in size. The property contains one single-family dwelling, two small cabins, and several outbuildings. The property owner, Ed Grueff, desires to rent the cabins on a short-term basis. The kitchens in the two small cabins were there prior to the adoption of the EVDC in 2000. If approved, the variance would allow the kitchens to remain, and the entire property would be rented as one vacation home to one party. The cabins could not be rented separately from each other, or from the single-family home. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 January 10, 2017 Planner Gonzales stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received from reviewing agencies nor the public. Planner Gonzales reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff for a copy of the staff report. Planner Gonzales stated staff recommended approval of the variance. Staff and Member Discussion Planner Gonzales stated the applicant has added additions to the property without building permits, and when addressing those issues it was discovered the cabins were being used as short-term rentals with full kitchens. He clarified the entire property has to be rented to one party. There is currently a vacation home application in the review process, and the applicant wants to ensure he will be operating the property in a legal manner. Public Comment Ed Grueff/applicant stated the property, under his ownership, has not been used as a dude ranch, and the existing stables are used only for storage. He rents the entire property to one party, usually for family reunions. Having the approved variance would bring the property into compliance with the EVDC. Conditions of Approval None. It was moved and seconded (Newsom/Smith) to approve the requested variance according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed unanimously with one absent. Recess called by Chair Lynch at 9:21 to allow staff to work on the sound system. The meeting reconvened at 9:30. 4. LOT 6, BLOCK 3, AMENDED PLAT OF WINDCLIFF 5TH FILING, 3225 EIGER TRAIL Planner Gonzales stated the variance request is to amend a previously granted variance from 2004, for a 21-foot setback in lieu of the required 25-foot setbacks in the E-1–Estate zone district. The property was developed with a single-family home that went through the building permit and setback certificate process. When the building permit was approved, a 20-foot setback was allowed, disregarding the 21-foot setback granted with the variance. The error was discovered when preparing the property for sale, and the owners want to make sure everything is clean and legal prior to selling. Due to this being a staff error, the application fee was waived. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 January 10, 2017 Planner Gonzales stated the lot was vastly undersized for the zone district, and the variance approval was legitimate. He stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received. Planner Gonzales reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff to request a copy of the staff report. Planner Gonzales stated staff recommended approval of the variance request with no conditions. Staff and Member Discussion Member Newsom stated the survey should now be correct, so this will not happen again with this property. Public Comment Lonnie Sheldon/applicant representative apologized for the error. The error didn’t come to light until the property owner decided to sell the house, and research on the lot uncovered the error. A valid setback certificate was submitted in 2004, but showed the incorrect setback distance. It was moved and seconded (Smith/Poggenpohl) to approve the requested variance amendment according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed unanimously with absent. 5. LOT 3 OF THE AMENDED PLAT OF THE EAST ½ OF LOT 2, LOTS 3, 4, 5, & WEST ½ OF LOT 6, DEER MOUNTAIN HEIGHTS, 2231 UPPER HIGH DRIVE Planner McCool reviewed the staff report. The variance request is to EVDC Section 4.3, Table 4-2, which requires 50-foot setbacks in the RE–Rural Estate zone district. The applicant, Tia Cottey, requests a reduction in setback distance from 50 feet to 22.8 for the existing single-family dwelling, a setback of 25.6 feet for a proposed covered deck, and 32.5 feet for a proposed garage. Due to the current layout of the existing home and site characteristics such as steep topography, adhering to the required setbacks is difficult to achieve. She stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received. Planner McCool reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff to request a copy of the staff report. Member & Staff Discussion There was a brief discussion regarding building permits and variances. Member Poggenpohl noted there was no sign posted when he visited the site. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 January 10, 2017 Public Comment Lonnie Sheldon/applicant representative stated the original setback for this property was 25 feet, and it was changed to 50 feet with the adoption of the EVDC. He stated the required variance sign was posted at the driveway, but must have blown away. He stated a setback certificate could be added as a condition of approval if the Board felt it necessary. He requested the setback distances be increased to the nearest foot to allow for minimal changes during construction. Director Hunt stated the sign posting can be an issue during windy weather. He suggested the applicant and/or agent take a picture of the posted sign (submitting the photo will not be required) to show as proof if it blows away. Condition of Approval 1. At the request of the applicant’s representative, a setback certificate by a registered surveyor will be submitted to the Community Development Department. 2. Setback measurements shall be rounded up to the nearest foot to allow for minor changes during construction. It was moved and seconded (Smith/Poggenpohl) to approve the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff and the motion passed unanimously with absent. 6. ELECTION OF OFFICERS Member Poggenpohl nominated Member Newsom as Chair. Member Poggenpohl nominated Member Lynch as Vice-Chair. It was moved and seconded (Poggenpohl/Smith) to elect Wayne Newsom as Chair and John Lynch as Vice-Chair for the 2017 term and the motion passed unanimously with one absent. 7. REPORTS A. Director Hunt stated if there is a zone district with large setbacks and many properties that were made nonconforming by virtue of that zoning, it sends a message to staff to consider amending the code. Issues could be resolved either through rezoning or an amendment to the development standards for the zoning districts that would recognize existing setbacks. Chair Lynch stated the Windcliff subdivision had many variance applications for height, due to the steepness of the area. Eventually the code was amended to allow for a slope adjustment. Director Hunt stated there could be a code provision specifically for setbacks, using average setbacks of the neighborhood. Something similar could provide some relief to property owners. Director Hunt stated an amendment such as this would be fairly simple to draft, and he appreciated the support from the Board to consider such an amendment. He would draft code RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 January 10, 2017 language for a proposed amendment and bring it to the Board for review. There was not a definite timeline set for the draft language. B. Director Hunt stated the new vacation rental registration process is moving forward and keeping the office staff busy. The process is happening as planned. There being no other business before the Board, the meeting adjourned at 10:02 a.m. ___________________________________ John Lynch, Chair __________________________________ Karen Thompson, Recording Secretary