Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2015-06-02RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 2, 2015 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Pete Smith, Vice-Chair Don Darling, John Lynch, Jeff Moreau, Wayne Newsom Attending: Smith, Lynch, Newsom Also Attending: Planner Kleisler, Recording Secretary Thompson Absent: Members Moreau & Darling Chair Smith called the meeting to order at 9:00 a.m. There was a quorum in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were two people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the April 7, 2015 meeting. It was moved and seconded (Newsom/Lynch) to approve the Consent Agenda as presented and the motion passed 3-0, with two absent. 3. LOT 1, THOMPSON’S PINEWOOD ACRES RESUBDIVISION, 610 Pinewood Lane Planner Kleisler reviewed the staff report. The application is for a variance from Estes Valley Development Code (EVDC) Section 4.3, Table 4-2, which requires 25-foot setbacks in the E-1–Estate zone district. The applicant, Steven Rusch, requests to encroach entirely into the side setback for construction of a proposed storage shed. Planner Kleisler stated the applicant recently received Town Board approval to vacate an easement in the area of the proposed shed. The property was platted in 1972, and there was a 10 foot utility easement platted along the west side of the lot. Since the subdivision was built out, utilities have been built along the street rather than along the property lines. Staff determined that in order for the shed to be built along the property line, the utility easement would need to be vacated, and a variance would need to be granted. The location of the proposed shed will be located on the eastern portion of the lot, approximately two feet from the property line, and would be adequately hidden from street view. The proposed shed will be 120 square feet or smaller, and will not require a building RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 2, 2015 permit. The application was routed to all affected agencies and adjacent property owners. There were no concerns expressed. Two letters of support from adjacent neighbors were received. The easement vacation request required sign off by each utility agency, and there were no concerns expressed at that time. Staff Findings 1. Special circumstances or conditions exist: Other areas of the lot, particularly the easterly area, become seasonably wet and boggy. Such conditions may pose substantial maintenance issues. 2. Practical Difficulty: a. The residential use may continue without the variance b. The variance is not substantial. The essential character of the neighborhood would not be substantially altered with the approval of this variance. Nearby homes have adequate separation from the project site and many have similar sheds. Adjoining properties would not suffer a substantial detriment as a result of this variance. The nearest property is a residential dwelling approximately 40 feet to the east, and has provided a letter of support for the project. d. Affected agencies expressed no concerns relating to public services for this variance. e. According to the Larimer County Tax Assessor, the applicant purchased the property in 2013, after the adoption of the current setback requirements. f. A variance appears to be the only practical option to construct the shed, as proposed. 3. Staff found the seasonal conditions as submitted in this variance petition are not general and recurrent in nature, and it would not be reasonably practicable to form a general regulation for such conditions or situations. 4. Staff found the variance, if granted, will not result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 5. Staff had no comment in determining if a variance shall represent the least deviation from the regulations that will afford relief. 6. Staff found this accessory use is permitted in the E-1–Estate zone district. 7. Staff had no recommended conditions of approval. Planner Kleisler stated staff recommended approval of the variance request. Public Comment Steven Rusch/applicant stated the shed will not exceed 120 square feet or 12 feet high. It will not require a building permit. The exterior will most likely be cedar siding, at the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 June 2, 2015 request of the nearest neighbor. The east side of the property is a muddy bog, and placing the shed at that location is not practical. Public comment closed. Staff and Member Discussion The members were supportive of the location. It was moved and seconded (Lynch/Newsom) to approve the variance request with the findings recommended by staff and the motion passed 3-0 with two absent. 4. REPORTS A. Planner Kleisler reported an application was received for the Rocky Mountain Performing Arts Center, previously referred to as EPIC. A variance received approximately two years ago has lapsed, and the applicant has submitted a new application. Due to a code amendment a couple of years ago, the variance will be the last part of the development to be heard. If the application moves forward according to the review schedule, the variance will be heard at the September meeting. The variance requests will most likely contain a height variance, river setback variance, and a possible variance to the floor area ratio. Details are still being verified. The application also includes review by the Estes Valley Planning Commission, with decisions to be made by the Town Board. There being no other business before Board, the meeting was adjourned at 9:17 a.m. ___________________________________ Pete Smith, Chair ___________________________________ Karen Thompson, Recording Secretary