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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2010-10-05 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment October 5, 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 Levine, Newsom, Smith, and Moreau Also Attending: Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Thompson Absent: Member Lynch Chair McCreery 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 AGENDA a. Approval of minutes of the July 13, 2010 meeting. It was moved and seconded (Levine/Smith) to approve the minutes as presented, and the motion passed unanimously. 3. LOT 5, THUNDER MOUNTAIN SUBDIVISION, TBD THUNDER MOUNTAIN LANE – Variance from Estes Valley Development Code Section 4.3, Table 4-2, which requires a 25-foot side-yard setback from property lines in the E-1–Estate zone district. Planner Shirk reviewed the staff report. The applicant requests a variance from the required 25-foot side-yard setback to allow a 15-foot setback in the E-1–Estate zone district. The variance would allow construction of a proposed single-family dwelling. The proposed building site is located at the far end of Thunder Mountain Lane, in the Thunder Mountain PUD. Specifically, the lot is on a small cul-de-sac that serves five lots. Planner Shirk stated the typical neighbor notifications were not completed for this variance; however, the legal notice was published in the newspaper. Planner Shirk spoke directly with two of the neighbors and received a letter of approval from the HOA. The applicant, Bruce Gregg, spoke with the remaining surrounding home owners. Planner Shirk explained that the proposed construction area was the highest point on the lot, and backed up to open space owned by the HOA. He stated that special circumstances existed due to a wetland area and a the presence of a water main on the northern portion of the lot. In determining practical difficulty, staff found the property could be put to beneficial use without the variance. Staff found the requested variance was not substantial, and the essential character of the neighborhood would not be changed by this variance. The proposed location would place the dwelling out of the neighbor’s view corridors. The variance would not adversely affect the delivery of public services, as the location of the proposed dwelling would be south of an existing water main and electric line. Planner Shirk stated the property has been in the same family since the original platting of the lot. He stated the Board of County Commissioners vacated the building envelopes in the Thunder Mountain PUD in 2000, at the request of the HOA. If those envelopes were still in place, this proposed dwelling would comply with the original building envelope. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 October 5, 2010 Planner Shirk reviewed the site plan. He stated a setback certificate would be required to verify the location of the foundation. Board and Applicant Discussion: Member Levine questioned the placement of the notification signs in relation to the property lines, and the applicant answered those questions to the satisfaction of the Board. Member Smith questioned the neighbor’s view corridor, and received a satisfactory answer from the applicant. Public Comment: None. It was moved and seconded (Levine/Smith) to approve the variance request to allow a side-yard setback of 15 feet in lieu of the 25-foot setback required in the E-1– Estate zone district, with the findings recommended by staff, and the motion passed unanimously. 4. REPORTS None. There being no further business, Chair McCreery adjourned the meeting at 9:22 a.m. ___________________________________ Bob McCreery, Chair ___________________________________ Karen Thompson, Recording Secretary