HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2009-01-06 RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
January 6, 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 Newsom
Also Attending: Planner Shirk, Planner Chilcott, and Recording Secretary Thompson
Absent: Al Sager, Director Joseph
Chair Levine called the meeting to order at 9:00 a.m.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
a. Approval of the minutes of the December 2, 2008 meeting.
It was moved and seconded (Newsom/Levine) to approve the minutes as
presented, and the motion passed unanimously with one absent.
3. METES AND BOUNDS PROPERTY LOCATED AT 1575 FALL RIVER ROAD,
Owner/Applicant: John Moynihan–Request for variance from Estes Valley
Develoment Code Section 4.4, Table 4–5 to allow construction of a roof over a
proposed deck approximately 5 feet away from the southern property line, in lieu
of the required 25-foot setback in the A–Accommodations zoning district
Planner Chilcott stated the applicant has asked to withdraw the application at this time.
The applicant is looking at other construction options and may be able to build without a
variance.
It was moved and seconded (Lynch/McCreery) to WITHDRAW the request
for variance from EVDC Section 4.4, Table 4–5 to allow construction of a
roof over a proposed deck approximately 5 feet away from the southern
property line, in lieu of the rquired 25-foot setback in the A–
Accommodations zoning district and the motion passed unanimously
with one absent.
4. Lot 3, Block 2, Windcliff Estates 5th Subdivision and Replat of Lot 4 ½, Webster Big
Horn Subdivision, 3325 Eagle Cliff Road, Owner: Robert C. and Erin F. Parkinson,
Applicant: Van Horn Engineering and Surveying, Inc. – Request for variance from
Estes Valley Development Code Section 4.3, Table 4-2, to allow construction of a
proposed second-level deck within 16 feet of the west property line in lieu of the
required 25-foot setback in the E-1 – Estate zoning district.
Planner Shirk stated this is a request to allow a variance to the 25-foot front-yard setback
to allow a deck within 16 feet of the west property line. The proposed residence complies
with all setback requirements on the lot, which is less than ½ acre (zoned for one acre).
This lot is significantly sub-sized for the zone district, as well as triangular-shaped, and the
variance request would not have any detrimental impact on the neighborhood. The total
area proposed in the setback is approximately 200 square feet. Most dwellings in this part
of Windcliff have received variances. Windcliff Property Owners Association Architectural
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
January 6, 2009
Control Committee has provided a letter of support for this request. Staff received one
request from a neighboring property owner for a copy of the building and site plans.
Member Newsom asked for assurance that the setback certificate is received by the
building department prior to construction. Planner Shirk indicated the certificates are given
to the appropriate departments in a timely manner.
Planner Shirk recommends approval of the variance request with the following conditions:
a. Compliance with the approved site and building plans
b. Compliance with the applicable building code
c. Prior to pouring foundation, submittal of a setback certificate prepared by a registered
land surveyor.
Public Comment:
Bob Iwanicki/Westover Construction – Mr. Iwanicki is the builder of the home and tried to
design the home to fit within the building envelope, having success with everything except
the deck.
It was moved and seconded (Newsom/McCreery) to APPROVE the request
for variance from Estes Valley Development Code Section 4.3, Table 4-2,
to allow construction of a proposed second-level deck on a proposed
residence within 16 feet of the west property line in lieu of the required 25-
foot setback in the E-1 – Estate zoning district with the following
conditions, and the motion passed unanimously with one absent.
Conditions:
a. Compliance with the approved site and building plans
b. Compliance with the applicable building code
c. Prior to pouring foundation, submittal of a setback certificate prepared by
a registered land surveyor.
5. REPORTS
Planner Chilcott indicated there is no meeting scheduled for February unless the Moynihan
variance request is reactivated. Staff will know by January 14, 2009 of their decision, and will
notify the Board and post a legal notice.
6. ADJOURNMENT
There being no further business, Chair Levine adjourned the meeting at 9:15 a.m.
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Chuck Levine, Chair
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Karen Thompson, Recording Secretary