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Home My WebLink AboutMINUTES Estes Valley Board of Adjustment 2007-07-10RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment July 10, 2007,9:00 a.m. Board Room, Estes Park Town Hall Board:Chair Wayne Newsom; Members Cliff Dili, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Attending: Chair Newsom; Members Dill, Levine, Lynch, and Sager Also Attending: Director Joseph, Planner Shirk, Recording Secretary Roederer Absent: None 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. PUBLIC COMMENT None. 2. CONSENT AGENDA a Aoproval of the minutes of the June 5, 2007 meeting. Discussion was held regarding redues,ed.chan9e,s *g®tJo'j'e,he'nterm “Late"'with Mark Brod, induing a spelling also “wash”, addition of migration to Wlld^fe ’ . measureci from the thread of the oS = Jted Planning staff has no Lections to Mr. Elrod’s proposed corrections to the minute . motion passed unanimously. 3. METES AND BOUNDS PBd0sXXhyarCdA- DRIVE, Applicant: Paul and Sally Whyad Rqhich jres a 10.,oot side-yard STfor <Cominerda°nDow'ntown-zoned properties adjacent to residential Director Joseph reviewed 'he staff report. He stated th^^is a requesUm^avarianoe^^^^ a zero side-yard setback in lieu of the ten foot sdnt yo res|dential properties. Approval of zoned CD-Commercial Downtown that are a J d third.story addition above the the variance would allow construction °f a se^^^^^ The owners purchased the Pr°P® y ., januarv 2005 to allow installation of three irnprovements to it. A variance wasaf a"'®L ifSecLber 2005 to allow construction of £niL«el?SaLSTnsL'LrstoL rbdid?sLrd"L»^^^^^ a «a' is droposed’,he addi"on w'" meet the thirty-foot height limit. P,a:ni,;9e“u"e rr:paet1"bte " “ce; the existing use of the property may continue. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 July 10, 2007 • The variance request is substantial; however, if use of the adjoining residential property changed to commercial use, the required setback from the southern property line would be zero feet. The owner of the adjoining property to the south was notified of the variance request and did not express concern. The applicant has stated this property is used as a rental property. • The essential character of the neighborhood would not be altered. The proposed addition is taller than most buildings in the neighborhood and that flat roof is unique to that area; however, planning staff anticipates similar renovation and redevelopment of neighboring properties in the future as property owners fully utilize the floor area ratios (FAR) available to them. • There will be no adverse affect on the delivery of public services. • The property was purchased in 2004, with knowledge of the setback requirements. • In considering whether special circumstances exist, the size and shape of the lot pose some physical limitations to the siting of the building. • Comments provided by the Light and Power Department and Water Department will be addressed with the building permit. Planning staff recommends approval of the requested variance. Public Comment: The applicant, Paul Whyard, expressed concern about the recommended condition of approval regarding obtaining a maintenance access easement on the property to the south. This was also a condition of approval for the variance granted on December 6, 2005 to allow construction of the current gallery. The condition was later waived by staff because the adjoining property owner was advised by legal council that granting such easement may negatively impact her should she ever decide to build out to the property line she shares with Mr. Whyard. Mr. Whyard stated he has an amicable relationship with this neighbor, who allows him access to her property for construction/maintenance. He noted the proposed addition is actually located two feet from the property line, so a narrow area for access will remain. He intends to use a corrugated metal siding on the second and third floor addition that will not require regular maintenance. He stated the additional living space will be for his family’s use; it will not be a rental unit. Discussion was held between Board members. Director Joseph, and Mr. Whyard regarding the future location of the dumpster. It was agreed to modify condition of approval #1 to allow some flexibility in determining the final location of the stairs and dumpster. It was moved and seconded (Sager/Dill) to approve the variance request for the Metes and Bounds Property located at 189/191 East Riverside Drive, to allow a zero setback from the southern property line in lieu of the required 10-foot setback, with the findings and conditions recommended by staff and the agreed-upon modification to condition #1, and the motion passed unanimously. CONDITIONS: 1. Compliance with the submitted plans, with the final configuration of the stairs and dumpster to be determined by the owner in consultation with his architect; all building code requirements must be met. 2. Compliance with Will Birchfield’s memo (Estes Park Building Department) to Alison Chilcott dated 6/20/07. 3. Provide a height verification certificate. 4. REPORTS None. There being no further business. Chair Newsom adjourned the meeting at 9:27 a.m. Newsom, Chair ^epfceder^, ^cordingSecretary