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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2013-08-06 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment August 6, 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 McCreery, and Newsom Also Attending: Director Chilcott, Planner Kleisler, Recording Secretary Thompson Absent: Members Lynch and Smith Chair Moreau called the meeting to order at 9:05 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 July 2, 2013 meeting. It was moved and seconded (Newsom/McCreery) to approve the Consent Agenda as presented and the motion passed unanimously with two absent. 3. METES & BOUNDS PARCEL, 978 Sutton Lane Planner Kleisler reviewed the staff report. The property at issue is located outside the Town limits near Marys Lake. The surrounding neighborhood is low-density residential. The request is for a variance from EVDC Section 4.3, Table 4-2, which requires buildings and accessory structures be setback a minimum of 25 feet from the side property line in the E-1–Estate zone district. The applicant requests to encroach approximately 13 feet into the setback to enclose an existing deck and construct a new deck that would extend past the enclosure. Approximately 100 square feet of the proposed deck would be constructed in the front setback. The application was routed to affected agencies and adjacent property owners. No comments or concerns were received. Staff Findings 1. Special Circumstances or Conditions Exist Staff found the home is partially located within the side setback. According to the Larimer County Tax Assessor, the single-family home was built in 1920 and is legally nonconforming to current setback standards. The lot size is 0.7 acres, which is generally more compatible with the E–Estate zone district (1/2 acre minimum with side setbacks of ten feet). 2. Practical Difficulty a. Staff found the residential use may continue without the variance b. Staff found the variance was not substantial c. Staff found the essential character of the neighborhood would not be substantially altered with the approval of this variance. Nearby homes are generally the same size or larger, and many decks similar in scope to the one proposed. Adjoining properties would not suffer a substantial detriment as a result of this variance. The nearest property is a residential dwelling approximately 114 feet to the west. d. Affected agencies expressed no concerns relating to public services for this variance. e. The applicant purchased the property in early 2013, after the adoption of the current setback requirements. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 August 6, 2013 f. The variance request is the only practical option to enclose the existing porch. The proposed deck could be constructed to meet setback requirements. g. The size of the proposed deck could be shortened and still meet the egress needs of the applicant. 3. Staff found they could determine compliance with the variance without an official setback certificate. Staff recommended approval of the variance, with conditions listed below. Conditions 1. Compliance with the approved site plan, with the exception that the proposed deck be shortened to six feet, as extended from the proposed enclosed porch. 2. All new exterior lighting shall comply with EVDC Section 7.9. Staff and Board Member Discussion Member Newsom commented there was no notice nor staking of the site. There was brief discussion about the elevation drawings. It was determined the proposed deck would not extend further west on the property than the existing porch. Member McCreery stated the photos in the staff report were very helpful. Public Comment Steve Discher/applicant purchased the property out of bankruptcy and is in the process of renovating the property. He presented a slide show of the property and improvements made thus far. Mr. Discher has applied for the building permit, which is pending depending on the outcome of the variance request. He thanked the Board for their volunteer efforts. It was moved and seconded (Newsom/McCreery) to approve the variance request as presented with the findings and conditions recommended by staff and the motion passed unanimously with two absent. REPORTS Director Chilcott stated there were no reports. Member McCreery requested a study session prior to the anticipated hearing for a height variance request for the proposed performing arts center (EPIC). Director Chilcott stated a study session would take place, and Town Attorney White would be in attendance at the study session and subsequent Board of Adjustment meeting. Member McCreery is concerned the approval of the variance would create a new height standard. Director Chilcott shared her hopes that any future applications for this proposed project would be submitted concurrently as a package with coordinated meeting schedules. This would allow a full understanding of the entire proposal by all decision-making bodies. She understood the frustrations of the Board. Steve Nagl/Town resident requested the public be informed of the upcoming study session and Board of Adjustment meeting concerning the height variance. Director Chilcott stated the Community Development Department had not yet received an application for the project. The public is welcome to attend all public meetings. She stated residents that want to be included on the mailing list can contact the Planning Department with their name and address and they will be included on the list. Member Moreau stated it would be very important for any required notices to be posted as directed. Director Chilcott stated public comment is not taken at study sessions, although the public is welcome to attend. All public comment is taken during the public hearings. Written comments would be included in the meeting packets to the Board, and also posted on the Town website. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 August 6, 2013 There being no further business, Chair Moreau adjourned the meeting at 9:35 a.m. ___________________________________ Jeff Moreau, Chair __________________________________ Karen Thompson, Recording Secretary