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