HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2011-02-01
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
February 1, 2011, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck
Levine, and Pete Smith; Alternate Member Jeff Moreau
Attending: Chair Newsom, Members McCreery, Levine, Smith, Moreau
Also Attending: Interim Director Chilcott, and Recording Secretary Thompson
Absent: Member Lynch, Planner Shirk
Chair Newsom 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.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the January 4, 2011 meeting.
It was moved and seconded (Levine/Smith) to approve the minutes as
presented and the motion passed unanimously.
3. LOT A, CLATWORTHY ESTATES (A PORTION OF LOT 22, RIVERSIDE
SUBDIVISION), 255 CYTEWORTH ROAD
Interim Director Chilcott reviewed the staff report. She stated the application was a
request for a variance from EVDC Section 4.3, Table 4-2, which requires a 15-foot
front setback from property lines in the R-Residential zone district. The request was to
construct a proposed one-car garage, with additional living space above the garage.
The lot size is 0.17 acres, which is undersized for the R zoning district. The variance
would allow the southwest corner of the proposed addition to be six-feet from the front
property line, and the southeast corner of the same proposed addition to be three feet
from the property line. The applicant desires to be four feet from the property line, but
given the nature of the property records and past surveying, the exact distance is
questionable. The applicant requested three feet to allow for error in the final survey.
Either way, the proposed garage would not exceed 17 feet in width. Interim Director
Chilcott stated the design of the garage was unusual due to the tight turning radius
coming off of the street into the garage. This tight turning radius was a result of the
proposed garage location (close to the road). Because of this, vehicles would have to
enter the garage at an angle.
Staff determined that special circumstances exist. Interim Director Chilcott stated the
lot was small for the zone district, and was surrounded on three sides by Cyteworth
Road. Therefore, the 15-foot front yard setback applied to three sides of the lot, and
the 10-foot side yard setback applied to one side. The lot has a slope on the north side
of the existing structure, which could create potential driveway slope, drainage, and
site distance issues if a garage were located elsewhere on the lot.
Staff reviewed the application to ensure compliance with EVDC Section 3.6.C, and
found the application complies with the code, including special circumstances and
practical difficulty. The request was submitted to all applicable reviewing agency staff
for consideration and comment. The Estes Valley Fire District reviewed the site and
approved the design and location. No significant issues or concerns were expressed
by reviewing staff relative to code compliance or the provision of public services.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
February 1, 2011
Public Comment:
Jim Gunter/Applicant commended Interim Director Chilcott for her willingness to work
with him on the design and location of the addition.
Barbara Fisher/Adjacent property owner stated the neighborhood was in support of
this variance.
Staff and Member Discussion:
None.
Conditions:
1. Compliance with the site plan and building design as approved by the Board of
Adjustment;
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall
provide to the Community Development Department a signed and stamped
certificate that specifically verifies that the structure complies with the approved
variance, and shall include a specific reference to the distance to property lines.
Staff recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
It was moved and seconded (Levine/McCreery) to approve the variance
request for Lot A, Clatworthy Estates (a portion of Lot 22, Riverside
Subdivision), with the findings and conditions recommended by staff and
the motion passed unanimously.
4. REPORTS
Interim Director Chilcott reported the document titled “Powers and Duties of the Estes Valley
Board of Adjustment” contained a reference to the Municipal Sign Code. The recently
approved revisions to the Sign Code established a Creative Sign Design Review Board,
which will review future sign code variances and applications for non-typical signs located
within the Town limits. An amendment to the Powers and Duties would remove the reference
to the Municipal Sign Code. Members were supportive of the amendment, stating that signs
have become more specialized, and the newly-created Board would be a welcomed addition
to the Town. The Board agreed to relinquish authority concerning signs to the new Creative
Sign Design Review Board.
There being no further business, Chair Newsom adjourned the meeting at 9:17 a.m.
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Bob McCreery, Vice-Chair
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Karen Thompson, Recording Secretary