HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2013-07-02 RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
July 2, 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: Chair Moreau, Members Lynch, McCreery, Newsom, and Smith
Also Attending: Planner Shirk, Recording Secretary Thompson
Absent: None
Chair Moreau called the meeting to order at 9:00 a.m.
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 June 4, 2013 meeting.
It was moved and seconded (Newsom/McCreery) to approve the Consent Agenda as
presented and the motion passed unanimously.
3. METES & BOUNDS PARCEL (Lot 29, unrecorded plat of Dunraven Heights)
Senior Planner Shirk reviewed the staff report. He stated the property owner, William
Moschel, requested a variance from Estes Valley Development Code (EVDC) Section 4.4,
Table 4-5, which requires buildings and accessory structures be setback a minimum of
fifty (50) feet from the property lines in the RE–Rural Estate zone district. Planner Shirk
stated the lot is currently developed with a single-family dwelling located within eight feet
of the rear property line. The purpose of the variance request was to allow enclosure of an
existing deck that is located approximately thirty feet from the rear property line. The
entire structure sits within the required 50-foot setback, and no additions or alterations
could be done without a variance. The proposed deck would be enclosed with glass, but
not necessarily winterized. The dwelling is not visible from Fish Creek Road. Planner
Shirk stated there would not be a need for a setback certificate since the entire structure
was already in the setback.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
July 2, 2013
Planner Shirk stated the request was submitted to all applicable reviewing agency staff for
consideration and comment. Adjacent property owners were notified. No significant issues
or concerns were expressed by reviewing staff relative to code compliance or the
provision of public services.
Staff Findings
1. This request complies with review criteria set forth in Section 3.6.C of the Estes Valley
Development Code.
2. Special circumstances exist and practical difficulty may result from strict compliance
with Code standards.
3. The variance is not substantial.
4. The essential character of the neighborhood would not be substantially altered, nor
would adjoining properties suffer a substantial detriment.
5. The variance would not adversely affect the delivery of public services.
6. The variance represents the least deviation from the regulations that will afford relief.
7. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were expressed by
reviewing staff relative to code compliance or the provision of public services.
8. The submitted conditions or circumstances affecting the property are not of so general
or recurrent a nature as to make reasonably practicable the formulation of a general
regulation for such conditions or situations.
9. Failure to apply for a building permit and commence construction or action with regard
to the variance approval within one (1) year of receiving approval of the variance shall
automatically render the decision of the BOA null and void.
Planner Shirk stated staff recommended approval of the variance request, with the
findings presented.
Public Comment
Amy Plummer/Applicant stated Planner Shirk summarized the request very well. She
stated the house sits back in the trees, and was built prior to the current zoning
regulations. She stated the proposed roof line would be lower than the highest point of the
existing roofline.
Staff and Board Discussion
None.
It was moved and seconded (Newsom/Lynch) to approve the variance request as
presented with the findings recommended by staff and the motion passed
unanimously.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
July 2, 2013
REPORTS
Planner Shirk stated there were no specific reports, but he requested feedback from the
Board about aerial views of properties being discussed. All Board members appreciated
the aerials, and wanted to continue use of them.
Planner Shirk reported on the modernization of the Estes Valley Comprehensive Plan. He
stated staff are using the 1996 plan, reformatting it to be more user-friendly with today’s
technology. Changes consist of updating statistics to align with current census data,
providing new photographs, removing obsolete references, etc. Planner Shirk stated the
Comprehensive Plan is used with challenging variance requests, as this plan was the
basis for the Planning Commission and the Board of Adjustment.
There was brief discussion concerning the sign code and who was addressing possible
violators. Planner Shirk told the Board about new staff member, Phil Kleisler. He also
stated the Community Development/Community Services (CDCS) committee received a
report on possibly updating the current sign code to make it more user friendly. The
committee urged the Town Board to follow-through with updating the code. At this time, no
decisions have been made as to the future status of the Creative Sign Design Review
Board.
There being no further business, Chair Moreau adjourned the meeting at 9:16 a.m.
___________________________________
Jeff Moreau, Chair
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Karen Thompson, Recording Secretary