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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2007-04-03RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 3, 2007, 9:00 a.m. Board Room, Estes Park Town Hall Board:Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Attending: Chair Newsom; Members Dill, Levine, and Lynch Also Attending: Director Joseph, Planner Shirk, Recording Secretary Roederer Absent: Member Sager Chair Newsom 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. CONSENT AGENDA The minutes of the February 6, 2007 meeting. There being no changes or corrections, the minutes were approved as submitted. 2. PUBLIC COMMENT None. 3.LOT 2, AMENDED LOT 18 AND A PORTION OF LOT 19, HAYDEN RESUBDIVISION AND LOTS 2-16 AND A PORTION OF LOT 1, BLOCK 11, FERGUSON’S SUBDIVISION, 1054 MIDDLE BROADVIEW, Applicant: Skylar Johnson — Request for a post-construction variance from Estes Valley Development Code Section 4.3, Table 4-2, to allow an existing 10’ x 12’ shed to remain entirely within the required front- and side-yard setbacks in the E—Estate zoning district. Planner Shirk reviewed the staff report. He stated this is a request for variance from Estes Valley Development Code Section 4.3, Table 4-2, to allow a 120-square-foot shed to remain in its present location. The applicant, Skylar Johnson, inquired with the Larimer County Building Department whether a building permit was needed for the structure. When he was informed a building permit was not necessary, he constructed the shed without knowledge that building setback requirements applied. Planning staff has contacted the Larimer County Building Department and requested they inform the public that building and zoning requirements apply regardless of the need for a building permit. In considering whether special circumstance exist. Planner Shirk stated the lot is significantly sub-sized for the E-Estate zoning district, which has a minimum lot size of 0.5 acre. The applicant’s lot is 0.35 acres in size and is triangular in shape, which further minimizes the building area. A sewer main easement runs along the west side of the property and an existing fence and trees limit the buildable area. Finally, the property is located along Mary’s Lake Road, which requires a front-yard setback of 25 feet rather than the 15-foot front-yard setback required along non-arterial roads. Although the shed could be relocated to meet the setback, it would be in a more visible location. The essential character of the neighborhood will not change. 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 agency staff relative to code compliance or to the provision of public services. Comments were received from Larimer County Engineering Department and Upper Thompson Sanitation District. Comments in support of the variance request were received from neighboring property owners Joan Borel, 1220 Mary’s Lake Road, and RECORD OF PROCEEDINGS Estes Valley Board of Adjustment April 3, 2007 from Jane and Michael Richards, 1072 Middle Broadview. Planning staff recommends approval of the request. Public Comment: The applicant, Skylar Johnson, stated he was present to answer questions from the Board; none were asked of him. It was moved and seconded (Levine/Dill) to approve the variance request for Lot 2, Amended Lot 18 and a Portion of Lot 19, Hayden Resubdivision, and Lots 2-16 and a Portion of Lot 1, Block 11, Ferguson’s Subdivision, to allow an existing shed to remain entirely within the required front- and side-yard setbacks, and the motion passed unanimously with one absent. 4. A METES AND BOUNDS PROPERTY LOCATED IN SECTION 18, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6th P.M., TBD McCREERY LANE, Applicant: Heather McCreery and Scott Carter — Request for variance from Estes Valley Development Code Section 4.3, Table 4-2, to allow a residence to be built 5 feet from the western property line in lieu of the 50-foot setback required in the RE-^-Rural Estate zoning district. Planner Shirk reviewed the staff report. He stated this is a request for variance from Estes Valley Development Code Section 4.3, Table 4-2, to allow a new single-family dwelling to be located five feet from the western property line in lieu of the 50-foot setback required in the RE-^-Rural Estate zoning district. The adjoining 40-acre lot to the west is also owned by the applicants. The lot under consideration for this variance request contains a stream and an aspen grove; locating the residence as proposed would minimize overall site disturbance by avoiding the need for a driveway with a switchback, maintaining the stream setback, and preserving the aspen stand. A conforming structure could be built on the lot but it would result in greater impact to the site. It is planning staff’s opinion the variance is not substantial due to common ownership of the adjoining lot. The essential character of the neighborhood would not suffer a 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 agency staff relative to code compliance or to the provision of public services. Comments were received from the Town of Estes Park Water Department and Larimer County Department of Health and Environment. A letter of support was received ^ from the North End Property Owners Association, including support of the applicant’s request to retain an historic cabin located on the property. Planning staff recommends approval of the request. Public Comment: The applicant. Heather McCreery, stated the property was homesteaded by her great- great-grandfather. The property was subdivided in approximately 1973, with ownership divided among the grandchildren. The historic cabin located on the property was built in 1874 by William James. Steve Lane, Basis Architecture, was present to represent the applicant. He stated the applicant’s request to located the proposed residence as close to the western property line as possible is driven by their desire to retain the historic cabin and reduce impact on the site, and still have a residence on the property. He stated the location of the residence will be below the blue line elevation, based on Town topographic maps. A septic system will be needed for the residence, as it is outside the Upper Thompson Sanitation District service area. It was moved and seconded (Lynch/Levine) to approve the variance request for the Metes and Bounds Property located in S18-T5N-R72W of the 6th P.M., to allow a residence to be built five (5) feet from the western property line in lieu of the required 50-foot setback, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent. [1 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 3, 2007 CONDITIONS: 1. Full compliance with the applicable building code. 2. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This certificate shall verify the structure complies with the approved site plan. 3. Prior to issuance of a building permit, the applicant shall record a Land Use Affidavit stating the historic cabin is not to be rented separately and is for the use of only family and non-paying guests. Furthermore, this affidavit shall state the cabin is not to be used for sleeping purposes. 5. REPORTS None. There being no further business, Chair Newsom adjourned the meeting at 9:20 a.m. lu I ie^TOederer, B^o rd i ng ^ec reta ry