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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2017-09-12 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 12, 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, Smith and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Robin Becker, Recording Secretary Thompson Absent: Member Moreau Chair Newsom 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. AGENDA APPROVAL It was moved and seconded (Poggenpohl/Lynch) 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 July 11, 2017 It was moved and seconded (Poggenpohl/Smith) to approve the minutes as corrected and the motion passed 4-0 with one absent. Member Smith was incorrectly left off the attendance list. 4. LOT 31, BLOCK 1, FALL RIVER ESTATES AMENDED PLAT; TBD CRESTVIEW COURT; LIENEMANN PROPERTY Planner Becker reviewed the staff report. The applicant, Delmar Lienemann, requested a variance from Estes Valley Development Code Section 4.3, Table 4-2 which requires 25- foot setbacks in the E-1–Estate zone district. The proposed single-family dwelling would extend 12 feet into the setback. This would include the west-facing decks and eaves. Planner Becker stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and adjacent property owners were notified. Public comments were received from one adjacent homeowner, Rocky Mountain National Park, and the Fall River Estates HOA. Planner Becker stated the staff findings could be read in the staff report. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 September 12, 2017 Board and Staff Discussion There was brief discussion regarding the slope of the utility easement and the proposed building site, and the ability to shift the home to the east to avoid the variance request. It was stated that financial hardship cannot be considered by the Board. Public Comment Lonnie Sheldon/applicant representative stated all issues with the Public Works and Water Departments have been addressed and cleared. He stated the proposed dwelling would be approximately 30 feet high, and would be directly north of the existing condominiums. The main hardship is for the driveway, which can be built with a 12% grade rather than a 14% grade if the home were built within the setbacks. All site disturbance would be on the owner’s property. The proposed dwelling would be 65 feet from the nearest condo. Fire Wise standards would be adhered to. The decks and overhanging roofs would project into the setback, but the exterior walls of the home would be within the setback. Larry Gamble/Rocky Mountain National Park stated the disturbance would be very close to the Park, and thought there were other options for the site. The Park is willing to cooperate with the adjacent property owners. Caltha Crow/town resident and adjacent property owner was opposed to the request and was concerned about her view corridors. Charles Allison/town resident and adjacent property owner recommended shifting the house east and building a retaining wall for the driveway. He referred to a historical drawing of a master plan of the area (Community Development is unaware of this plan). Tim Haight/town resident stated staff comments regarding views were assumed without contacting any of the adjacent property owners, and he disagreed with those comments. He was opposed to the setback variance request. Lonnie Sheldon/applicant representative had a brief rebuttal regarding the location of the proposed dwelling. It was moved and seconded (Poggenpohl/Lynch) to deny the variance request on the basis the dwelling could be built to comply with the setback requirements and the motion passed unanimously. 5. REPORTS A. Member Poggenpohl stated there are occasional repeated requests for variances on undersized lots for the zone district. He worked with Planner Gonzales to come up with statistics showing almost 25% of the lots in the Estes Valley are nonconforming regarding lot size for their specific zone district, although many of the lots are very close to being conforming. He recommended working on making a change so the property owners of the nonconforming lots would not need to come to the Board of Adjustment to use their lot as zoned, without a variance. An amendment to the Estes Valley Development Code would be required to resolve the issue, and the Board of RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 September 12, 2017 Adjustment could make a recommendation to the Planning Commission to pursue the code amendment. Director Hunt would be supportive of an amendment after considering the unintended consequences. There was brief discussion as to the details of a draft amendment, and noting that the Planning Commission and Town Board may be unaware of the issue that the Board of Adjustment deals with on a regular basis. B. Director Hunt reported Monday, September 18, 2017 a meeting with the Town Trustees and County Commissioners will be held to outline the master list of EVDC changes. He encouraged the Board to either attend the meeting or watch it online. There being no other business before the Board, the meeting adjourned at 10:15 a.m. ___________________________________ Wayne Newsom, Chair __________________________________ Karen Thompson, Recording Secretary