Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2006-09-12RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment September 12, 2006, 8:00 a.m. Board Room, Estes Park Town Hall Board: Attending: Also Attending: Absent: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Chair Dill, Members Levine, Lynch, Newsom, and Sager Director Joseph, Planner Chilcott, Planner Shirk, Recording Secretary Roederer None Chair Dill called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the August 1, 2006 meeting. There being no corrections or additions, the minutes were approved as submitted. 2. LOT 35. BLOCK 8. COUNTRY CLUB MANOR. 561 Columbine Avenue. Applicant: Herbert Phelan — Request for variance from Estes Valiev Development Code Section 4.3. Table 4-2. to allow a oarage to be built five feet from the rear-yard lot line in lieu of the fifteen-foot rear-vard setback required in the R-Residential zoning district Planner Chilcott reviewed the staff report. She stated this is a request to allow a detached two-car garage to be built five feet from the rear-yard property line. The lot is zoned R-Residential, with a minimum rear-yard setback of fifteen feet. Construction of the garage in the proposed location would require a new driveway connection to Landers Avenue; the Town Public Works Department has approved the additional driveway. The lot size, shape, width, and depth are typical of R-zoned lots and would meet the dimensional requirements if the lot were being platted as part of a new subdivision. The location of the existing residence and trees limit building sites for the proposed garage. The variance is substantial in that approximately one-third of the proposed building would encroach into the setbacks. Other options are available that could minimize impact to the property and reduce the need for a variance, such as building a one-car garage or building an attached garage in the location of the existing southwestern deck. Few houses in the neighborhood have detached garages and many do not have attached garages; the essential character of the neighborhood may change. The owner purchased the property prior to the adoption of the Estes Valley Development Code; at the time, the minimum required setback was ten feet. Planning staff would be more supportive of a variance request for a setback of ten feet, since the applicant purchased the property with knowledge of a ten-foot rear-yard setback rather than the current fifteen-foot setback. Planner Chilcott stated that the Board should use their best judgement to determine whether there are special circumstances associated with this lot, whether practical difficulty will result from strict compliance with the code standards, and whether the variance offers the least deviation from the regulations to afford relief. There can be beneficial use of the property without approval of a variance. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Chief Building Official Will Birchfield and from the Town Public Works Department. The Public Works Department requested that the location of utilities be shown on the plans. They RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 September 12, 2006 also requested the dedication of a five-foot right-of-way on Landers Avenue. If this right- of-way is required, a front-yard setback variance will also be needed to build the garage. No comments were received from neighboring property owners in support or opposition to the request. In response to a question from Member Sager, Greg Sievers of the Public Works Department stated there are plans to reconstruct the water main along Landers Avenue later this year. The existing right-of-way is twenty feet wide, which is ten feet narrower than other rights-of-way in the neighborhood and 50% below the current standard for right-of-way width. The additional five-foot right-of-way requested would help to provide room for crews to work when replacing the main or in other future improvements. Public Comment: The applicant, Herbert Phelan, stated his desire to preserve the existing trees on his property, noting that any other proposed location for the garage would impact either trees or utilities serving his home. He stated that half the area of the lot is restricted by setback requirements and the proposed garage is located as far out of the setbacks as possible. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated there are special circumstances associated with the lot, which is 1.5 times the area of the average lot in Country Club Manor subdivision, thus providing more room for a garage than most of the other lots. She reiterated that 50% of lot lies within setbacks and stated it is difficult to build inside the setbacks. The lot is steep, especially at the southwest side, and there are many trees. If a garage addition was built onto the existing residence, it would be difficult to provide adequate drainage. The proposed location minimizes the removal of trees and prevents impact to view corridors for the property owner as well as neighbors. Steps will lead to the residence from the northeast corner of the garage. She presented a revised set of plans that moves the new driveway such that it is five feet from the west property line, stating the adjoining property owner to the west is in agreement with the newly proposed location of the driveway. She stated that the property owner to the south, Carla Pederson, is willing to provide a ten- foot right-of-way along Landers Avenue, thus reducing the need for the applicant to provide the additional five-foot right-of-way requested by the Public Works Department. Discussion followed among the Board, planning staff, and Mrs. Plummer regarding the eave width and the steps for the proposed garage, as well as the modified proposal for the location of the driveway and the need for a retaining wall for the driveway where it approaches the garage opening. Jacqueline Reeves, daughter of adjacent property owner Dorothy Beal at 562 Driftwood Avenue, addressed the Board on behalf of her mother. She stated her mother wants to be a good neighbor, so does not object to having the proposed driveway, garage, and retaining wall located five feet from the property line. Her mother does not want the proposed garage to cause erosion problems or to damage the roots of the trees along her adjoining property line. Member Newsom stated the applicant has done a good job of placing the garage in the best possible location, noting that even a one-car garage would encroach into the setback. It was moved and seconded (Newsom/Lynch) to approve the variance request for Lot 35, Block 8, Country Club Manor, to allow a garage to be built five feet from the side-yard iot line in iieu of the ten-foot side-yard setback required in the R- Residentia! zoning district, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Compliance with the revised plans presented during the Board of Adjustment meeting of September 12, 2006. The eaves of the garage shall not encroach into the utility easement. The edge of the driveway shall be a minimum of five feet from the western property line. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 September 12, 2006 2. All utilities shall be shown on the plan for staff review and approval to ensure that public services are not impacted. 3. A registered land surveyor shall set the survey stakes for the building foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 4. The storage shed shall be relocated to comply with setbacks prior to issuance of the building permit for the garage. 3. LOT 11. WINDCLIFF ESTATES 3rd FILING. 1825 Windcliff Drive. Applicant: Alan & Sally Fedqe — Request for variance from Estes Valiev Development Code Section 1.9.D.1.b.5 to allow steps to the principal entrance of a residence to extend seventeen feet into the building setback in lieu of the maximum of six feet allowed Member Sager recused himself due to a conflict of interest. Planner Shirk reviewed the staff report. He stated this is a request to replace an old set of entry steps with a new set that will meet the current building code requirements. The lot is zoned E-^-Estate. The adjoining lot to the southeast is owned by the applicant, and the driveway to the residence crosses this vacant lot. There was a setback variance granted in 1976 to allow the residence to be built in its current location; it is planning staff’s assumption that the variance was granted due to the steepness of the lot and to minimize impact on the site. There are a variety of special circumstances associated with this lot, including the original variance; the slope of the lot; the location of the primary entrance to the residence, which is on the second floor; and the location of the garage door, which makes it impossible to meet the current building code rise-run requirements for the steps. The front door to the residence is currently inaccessible because the old wooden steps were in a state of decay and were removed. The proposed new steps will curve into the setback in order to meet the current building code rise-run requirements. It is the opinion of planning staff that the requested variance is not substantial and would not change the character of the neighborhood. Staff has met twice with the applicant’s representative and discussed a variety of alternatives; this proposal requires the least amount of variance. 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. No comments were received from neighbors. Planning staff recommends approval of the requested variance. Public Comment: Al Sager was present to represent the applicant. He stated the applicant does not have plans to combine the two lots. In response to a question from Member Lynch, Planner Shirk stated the adjoining lot is approximately one acre in size. If a house were to be built on that lot, it would have to meet the twenty-five-foot setback requirements. It was moved and seconded (Levine/Lynch) to approve the variance request for Lot 11, Windcliff Estates 3rd Filing, to allow steps to the principal entrance of a residence to extend seventeen feet into the building setback in lieu of the maximum of six feet allowed, with the findings and conditions recommended by staff, and the motion passed unanimously with Member Sager abstaining. CONDITIONS: 1. Compliance with the applicable building code. 2. Compliance with the site plan. 3. A setback certificate prepared by a registered land surveyor shall be presented to the building official at the final inspection. This certificate shall verify compliance with the approved site plan. A copy shall be submitted to Community Development. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 12, 2006 4. REPORTS None. There being no further business, Chair Dili adjourned the meeting at 8:47 a.m. Cliff Dill, Chair F^ederer, recording ^cretary