Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2013-11-05 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment November 5, 2013, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Jeff Moreau, Vice-Chair Bob McCreery, Members John Lynch, Wayne Newsom, and Pete Smith; Alternate Member Chris Christian Attending: Members Newsom, Smith and Lynch Also Attending: Senior Planner Shirk, Planner Kleisler, Recording Secretary Thompson Absent: Members McCreery and Moreau Member Lynch called the meeting to order at 9:00 a.m., acting as Chair Pro-Tem. 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 three people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the September 10, 2013 meeting. It was moved and seconded (Newsom/Smith) to approve the Consent Agenda as presented and the motion passed unanimously. 3. LOT 9, STANLEY HEIGHTS SUBDIVISION, 1081 West Lane Planner Kleisler reviewed the staff report. This is a request for a variance from the EVDC Section 4.3, Table 4-2, which requires buildings and accessory structures be setback a minimum of 50 feet from the side property line in the RE–Rural Estate zone district. The applicant requests to encroach approximately 15 feet into the side setback to construct an above-grade deck. The proposed deck would connect to an existing side deck and measure approximately 20 feet by 43 feet. The property is located in unincorporated Larimer County. Planner Kleisler stated the application was routed to affected agencies and adjacent property owners. There were no significant concerns concerning this request. We received a comment in support of the variance from an adjacent property owner. Staff Findings 1. In determining whether special circumstances or conditions exist: a. Staff did not find that special circumstances or conditions exist relating to lot shape and size. The home is not located within the side setback. According to the Larimer County Tax Assessor, this single-family home was built in 1963, and 50 foot setbacks have been required since the 1963 Larimer County Zoning Resolution was enacted. b. The lot size and dimensions are generally in line with the standards and intent of the RE–Rural Estate zone district. Planner Kleisler stated the current lot size is compliant with the RE zone district, and the shape of the lot is not out of character. However, the home is very close to the side property line, and that was taken into consideration with this variance request. If the deck was placed outside of the setback on the other side of the house, there would potentially be substantial loss of vegetation. 2. In determining practical difficulty: RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 5, 2013 a. Staff found the residential use may continue without the approval of the variance, and the variance was not substantial. b. The essential character of the neighborhood would not be substantially altered with the approval of this variance. c. Adjoining properties would not suffer a substantial detriment as a result of this variance. The nearest property is a residential dwelling approximately 192 feet to the southwest, as measured from the edge of the proposed deck. d. The variance would not adversely affect the delivery of public services. e. The current property owner purchased the property in 1993, after the adoption of the 50 foot side setback requirement. Planner Kleisler stated a deck could be constructed at grade without a variance request. Because the applicant is requesting to construct an above-grade deck, the variance request is necessary. 3. Staff found the proposed variance represented the least deviation from the regulations that would afford relief, and the alternative of shortening the proposed deck would impact the practical usability of the space. The only alternative appears to be an at- grade patio or deck, or a substantial change in the design of the current proposal. 4. Staff found they could determine compliance with the variance without an official setback certificate. Staff recommended approval of the variance, with conditions listed below. Public Comment Steve Lane/applicant stated the home is tucked into the corner near the setback. He stated the existing deck extends approximately three feet within the setback. The applicant desires to have the deck at the same floor level as the living room, which puts it above grade and requires the variance. Conditions 1. Compliance with the approved site plan 2. All new exterior lighting comply with EVDC Section 7.9. It was moved and seconded (Smith/Newsom) to approve the variance request for Lot 9, Stanley Heights Subdivision, to allow encroachment of approximately 15 feet into the side setback to construct a proposed deck and the motion passed 3-0 with two absent. 4. REPORTS 1. Expired Variances Senior Planner Shirk reported the approved variance for the proposed EPIC Performing Arts Center expired in October. The approved variance for O’Reilly Auto Parts has also expired. He stated an amendment to the Estes Valley Development Code will be heard by the Planning Commission, Town Board, and County Commissioners to require development applications be heard by those boards prior to being heard by the Board of Adjustment. Staff will keep the Board updated as to the progress of the proposed amendment. 2. Parking Facility Planner Shirk reported the proposed parking facility would likely require variances for setback and height. There has been some neighbor concern about the lighting. He stated the bulbs will need to be completely hidden to comply with the development code. He clarified the proposed garage would be two covered levels and one open upper deck. There would be some lighting between the structure and the visitor center, as well as lighting for the shuttle buses. The police department expressed some concern about vehicle break-ins, and is working to lessen those possibilities. 3. Estes Park Medical Center North Parking Lot Expansion Project Planner Shirk reported the hospital has submitted an application for additional parking lot on the north side of their campus. The applicant has been working on this proposal for 6-8 months. Development includes use of some hospital-owned homes on Stanley Circle Drive for ambulance service parking and on-call physician use. The proposal is RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 November 5, 2013 to create an outlot from the back yards of the homes on Stanley Circle Drive to create their parking lots. This will create a nonconforming lot size for that zone district. This minimum lot size will come before the Board of Adjustment, as well as two other possible variance requests for setback and maximum lot coverage. The application will come to the Board of Adjustment in the next few months. 4. Member Newsom complimented Planner Kleisler on the exceptional work he has done with graphics on his staff reports. There being no other business, the meeting was adjourned at 9:25 a.m. ___________________________________ John Lynch, Chair Pro-Tem __________________________________ Karen Thompson, Recording Secretary