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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2010-06-08 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 8, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair McCreery, Members Lynch, Levine, Newsom and Smith Also Attending: Director Joseph, Planner Dave Shirk, and Recording Secretary Thompson Chair McCreery called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated February 2, 2010. It was moved and seconded (Levine/Newsom) to APPROVE the minutes as amended, and the motion passed unanimously. The minutes were corrected to read that Bob McCreery, not Chuck Levine, chaired the February 2, 2010 meeting. 3. LOT 3, BLOCK 1, CARRIAGE HILLS 1ST FILING, AMENDED PLAT, 630 WHISPERING PINES, Applicant: Joe Coop/Van Horn Engineering – Request for variance from EVDC Table 4-2, which requires a 25-foot minimum building setback from the side property line in the E-1 Estate zoning district. Request is to allow an encroachment of 13.4 feet into the setback for an existing garage. Planner Shirk reviewed the staff report. The purpose of the request is to allow a detached garage that was inadvertently built in the setback to remain in place. The error was realized when the surveyor completed the survey for the setback certificate. Planner Shirk reviewed the staff findings concerning special circumstances or conditions. The structure was built using an incorrect property line, resulting in the structure being located within the setback area. In determining practical difficulty, staff found the existing single-family residential use may continue; the requested variance was not substantial; and the essential character of the neighborhood would not be substantially altered. Adjoining properties would not suffer a substantial detriment. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. No comments were received from neighboring property owners. Planner Shirk stated the applicant’s predicament could be mitigated through some method other than a variance: 1) the property line could be moved, which would require consent of the neighbor, purchase of the land, and followed by an amended plat, or 2) the structure could be moved. Staff suggested that neither of the options were practical. The variance represents the least deviation from the regulations that will afford relief. Staff recommends approval of the requested variance conditional to finalization of the building permit and associated inspections no later than June 30, 2010. Failure to do so shall render the decision of the Board of Adjustment null and void. June 30, 2010 is the building permit expiration date. Public Comment: Joe Coop/Van Horn Engineering stated his involvement with this request began at the time the setback certificate was required for the variance. He stated the applicant did most of the work prior to the construction of the garage. Mr. Coop said there was a survey marker at the site, but after taking measurements determined there was an error in the site plan. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 8, 2010 He stated this incorrect marker had been used multiple times, as the true property pin was buried. Mr. Coop stated that the State of Colorado has regulations prohibiting the removal of any survey markers. Chris Kurelja/Applicant stated he received an extension on the original building permit. At the time of the original pour of the foundation, inspections were completed based on the incorrect pin. It was moved and seconded (Newsom /Smith) to APPROVE the request for a variance from EVDC Table 4-2 to allow the existing garage to encroach 13.4 feet into the 25- foot side yard setback in the E-1 zoning district with the findings and condition recommended by Staff, and the motion passed unanimously. CONDITION: 1. Finalization of the building permit and associated inspections no later than June 30, 2010. Failure to do so shall render the decision of the Board of Adjustment null and void. Discussion occurred about the erroneous pin and ways to avoid future errors. Mr. Coop explained that this was a common occurrence that requires a change in state laws. He took steps to make the correct pin more visible. Director Joseph stated that although the pin was placed incorrectly, chances are there is a legal description based on that pin, requiring the pin to remain in place. 4. REPORTS None. There being no further business, Chair McCreery adjourned the meeting at 9:30 a.m. ___________________________________ Robert McCreery, Chair ___________________________________ Karen Thompson, Recording Secretary