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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2009-12-01 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment December 1, 2009, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Chuck Levine, Members John Lynch, Bob McCreery, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair Levine, Members Lynch, McCreery, and Sager Also Attending: Director Bob Joseph, and Recording Secretary Karen Thompson Absent: Member Newsom, Planner Shirk, Planner Chilcott Chair Levine called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated September 1, 2009 It was moved and seconded (McCreery/Lynch) to APPROVE the minutes as presented, and the motion passed unanimously with one absent. 3. METES & BOUNDS PARCEL LOCATED AT 2025 MORAINE AVENUE, Owner: Stonewood Properties, LLC, Applicant: Don Chasen – Request for variance from §7.5.F.2.b(6), which requires a 25’ Landscape Buffer from the property line. Request to allow an access drive to be located within the Landscape Buffer Zone. Director Joseph reviewed the staff report. The purpose of this variance request was to allow an access driveway to be located within the required 25-foot Landscape Buffer Zone in order to develop this property with nine residential/accommodations units in an A- Accommodations zoning district. Director Joseph stated this same variance request was before the Board of Adjustment on October 2, 2007, under a different property owner/applicant, and the variance was approved unanimously, with the following condition: District-buffer landscaping standards shall be applied in place of arterial-street standards. The original development never came to fruition and, therefore, the variance approval expired on October 2, 2008. The applicant’s property lies between the river and Spur 66. Staff’s view was the property had some constraints due to the narrow width, which, combined with the required setbacks, created a limited developable area. The proposed site plan kept the footprint of the buildings in compliance with all applicable setbacks by pushing them north closer to the highway. Part of the driveway on the east end needs a variance requiring Board approval. In accordance with Section 3.6.C, Standards for Review of the Estes Valley Development Code, staff has determined that special circumstances exist that are not common to other areas of buildings similarly situated. This parcel has a steep drop from the road, and the lot is significantly narrow, considering the river and arterial road setbacks. In determining practical difficulty that may result from strict compliance with this Code’s standards, Director Joseph stated the property is currently undeveloped and could be designed to meet all setbacks. Staff has determined this variance is not substantial. Also, because of the slope and the grade difference between the driveway and the highway, you tend to look out across the site and would probably not be aware of the encroachment, which RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 December 1, 2009 mitigates the negative impact of the variance. Therefore, staff believes the essential character of the neighborhood will have minimal impact, and can be minimized further by using the district buffer landscape requirement instead of the arterial street standard. This should conceal any off-site visual impacts of the encroachment. The applicant purchased the property in 2008, with knowledge of the setback requirements. Staff feels this variance request is minor with very few complications. The sewer easement is already in place and there is no encroachment into the right-of-way. Staff recommends approval of this variance with one condition. Public and Board Member Comment: Member McCreery was concerned about the density level, and Director Joseph explained this zoning district could actually support more density than what was proposed. This particular development plan was a staff-level review, and proposes a much lower density than a previous proposal. The applicant was not in attendance. Director Joseph stated this was the second development plan for this property by this applicant, who decided to change the plans for marketability purposes. Dave Ranglos, adjacent property owner, expressed concern about the density and preferred to see only three homes on the property. Ann Toft, previous owner of the property in question, also preferred a three-house plan. It was moved and seconded (Sager/Lynch) to APPROVE the request for a variance from EVDC §7.5.F.2.b(6) to allow an access drive to be located within the 25-foot Landscape Buffer, with the following condition and the motion passed unanimously with one absent. CONDITION: 1. District Buffer landscaping standards shall be applied in place of arterial street standards. 4. REPORTS None. 5. ELECTION OF OFFICERS Chair Levine announced that two officers were to be elected. According to the Inter- Governmental Agreement, the incoming Chair is required to be a county resident, while the Vice-Chair is required to be a town resident. Member McCreery was nominated to serve as Chair, and Member Levine nominated to serve as Vice-Chair. It was moved and seconded (McCreery/Sager) to elect Member Bob McCreery as Chair and Member Chuck Levine as Vice-Chair of the Estes Valley Board of Adjustment for 2010, and to elect the Community Development Department Administrative Assistant as the Recording Secretary. The motion passed unanimously with one absent. There being no further business, Chair Levine adjourned the meeting at 9:27 a.m. ___________________________________ Chuck Levine, Chair ___________________________________ Karen Thompson, Recording Secretary