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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2017-07-11RECORD OF PROCEEDINGS Estes Valley Board of Adjustment July 11, 2017 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Lynch, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Recording Secretary Thompson Absent: Member Moreau Chair Newsom called the meeting to order at 9:00 a.m. There w ere 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. AGENDA APPROVAL It was moved and seconded (Lynch/Smith) to approved the agenda as presented and the motion passed 4-0 with one absent. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated June 6, 2017 It was moved and seconded (Lynch/Smith) to approve the minutes as presented and the motion passed 3-0 with one absent. 4. METES & BOUNDS PARCEL; 953 RAMS HORN ROAD; PEAK RESIDENCE Planner Becker reviewed the staff report. The applicants Gary and Cynthia Peak, request a variance from Estes Valley Development Code Section 4.3, Table 4-2 which requires 50-foot setbacks in the RE–Rural Estate zone district. The request is to establish a setback of approximately 24 feet on the west side and 43 feet on the north side to allow a recently built covered porch to remain in the north setback. Planner Becker stated the porch was initially built without proper building permits after the current owner purchased the property in 2011. The applicant has applied for a county building permit, of which approval is pending depending on the outcome of the variance request. Staff and Commission Discussion Staff findings can be viewed in the staff report. Staff did not recommend any conditions of approval. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 July 11, 2017 Member Poggenpohl stated the lot size is smaller than the required 2.5 acres for the RE zone district. He was not supportive of vacation home registration approvals prior to all building permits being in order. Public Comment Lonnie Sheldon/applicant representative stated he and the applicant were in agreement with the staff findings. Gary Peak/applicant stated he has wanted to become compliant with everything on the property, and is currently using the home as a vacation home. He was told by the contractor that no building permit was needed. The home now meets or exceeds the county building codes. Staff and Member Discussion There was brief discussion regarding the location of the existing propane tank. It was moved and seconded (Lynch/Smith) to approve the variance request according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed 4-0 with one absent. 5. REPORTS A. Director Hunt reported there was a Special Planning Commission meeting on June 30, 2017 to review Large Vacation Home applications. All were approved. Credit goes to Code Compliance Officer Linda Hardin and staff. There are approximately 670 total vacation homes operating in the Estes Valley. The cap of 588 applies only to those vacation homes in residential zone districts, and as of last week there were 72 openings remaining. The cap was based on information provided by Host Compliance. Director Hunt suspects they used the 80517 Zip Code as a basis for collecting data, and because the zip code extends outside of the Estes Valley, it could be the reason for the imbalance in the numbers. B. Member Poggenpohl stated the variances needed on nonconforming sites should be addressed as a group within the next couple of years so we don’t have small setback issues needing to come before the Board of Adjustment on a regular basis. Another option would be giving staff the authority to approve these small variances. Director Hunt stated the 2000 rezoning established some substandard lot sizes and setbacks. The hesitation lies in the sheer volume of the task and staff time to address the issue. He recognizes there is a problem with the many nonconforming lots, and agrees the Board of Adjustment is the proper avenue for all variance requests. If staff can approve a 10% setback deviation, then the perception is that the setback can automatically be less than what the code states. There is the possibility that the amount of the setback is the issue rather than the nonconforming lot size. There was brief discussion regarding the history of properties and setbacks in the Estes Valley. Director Hunt stated a code amendment to address the nonconforming lots would be beneficial to all involved. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 July 11, 2017 There being no other business before the Board, the meeting adjourned at 9:34 a.m. ___________________________________ Wayne Newsom, Chair __________________________________ Karen Thompson, Recording Secretary