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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2006-03-07RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment March 7, 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 Jeff Barker Vice-Chair Levine, Members Newsom and Sager; Alternate Member Barker Director Joseph, Recording Secretary Roederer Chair Dill, Member Lynch, Planner Chilcott, Planner Shirk Vice-Chair Levine 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 February 7, 2006 meeting. it was moved and seconded (Newsom/Sager) that the Consent Agenda be approved, and the motion passed unanimously with one aiternate member in attendance and two absent. 2- lot 11, BLOCK 1, FALL RIVER ESTATES. 1341 David Drive. Appiicant: Andrew J. Coiiins — Variance request from Estes Vailev Development Code Section 4.3. Table 4-2, to allow a residence to be buiit 15 feet from the front- and side-vard iot lines in lieu of the 25-foot setbacks required in the E-1-Esfafe zoning district Director Joseph reviewed the staff report. He stated this is a request to allow a portion of a proposed residence to be built fifteen feet from the northern and eastern property lines of a lot zoned E-1-Estate, which requires twenty-five-foot front- and side-yard building setbacks. There are special circumstances associated with this lot in that the majority of the lot is very steeply sloped and provides a very small buildable area. If the residence is built as proposed in this application, there will be some cut into the hillside, but the cut will be minimized by raising the finished floor of the house and not fully excavating the lower floor. The proposed location of the residence is on the flattest portion of the lot. Only a small portion of the proposed residence will encroach into the setback. Planning staff finds that the proposed home is in character with the neighborhood. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town of Estes Park Public Works Department and Upper Thompson Sanitation District. Staff has met several times with neighboring property owner Howard Speer, of 1361 David Drive, who has expressed concern about the potential architectural design of the residence. Public Comment: Paul Kochevar of Estes Park Surveyors and Engineers was present to represent the applicant. Discussion among the Board members. Director Joseph, and Mr. Kochevar followed regarding the steepness of the slope at the proposed location of the south corner of the residence. Mr. Kochevar clarified that the applicant did not desire a full lower level on the home, reducing the need to excavate or blast for that corner of the house. Member Newsom stated the variance is satisfactory, but the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 7, 2006 applicant should be aware of what he is getting into. Member Sager stated he does not believe the placement of the home is to the benefit of the owner. It was moved and seconded (Newsom/Sager) to approve the variance request for Lot 11, Block 1, Fall River Estates, to allow front- and side-yard setbacks of fifteen feet in lieu of the twenty-five-foot setbacks required, with the findings and conditions recommended by staff, and the motion passed unanimously with one alternate member in attendance and two absent. CONDITIONS: 1. Compliance with the submitted plans. 2. Compliance with the comments in Greg Sievers’ January 20, 2006 memo. 3. LOTS 7, 8. and 9. JAMES-McINTYRE SUBDIVISION. 1820 Fall River Road- Applicant: Deer Mountain Properties. LLC. DBA Ponderosa Lodge — Variance request from Estes Valiev Development Code Section 7.6.E.2.b to aliow a hot tub to be placed approximately four feet from the annual hiah-water mark of Fall River in lieu of the 30 feet required in the A-Accommodations zoning district Director Joseph reviewed the staff report. He stated this is a request for a twenty-six- foot variance to allow a hot tub and a deck to remain approximately four feet from the annual high-water mark of Fall River in lieu of the minimum required thirty-foot setback. The property is zoned F<—Accommodations and is operated as the Ponderosa Lodge. The hot tub is connected via a deck to the lodge, which was constructed within a few feet of the river in 1982. The applicant purchased the property prior to the effective date of the Estes Valley Development Code. There are special circumstances associated with this lot in that the existing motel is located closer to the river than the deck and hot tub. This encroachment into the river setback reduces the quality of the riparian habitat much more significantly than the encroachment of the deck and hot tub. Approval of the variance will not substantially alter the essential character of the neighborhood and adjoining properties would not suffer a substantial detriment. If the variance is denied, the deck and hot tub must be removed from their location within the setback. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Upper Thompson Sanitation District and the Larimer County Department of Health and Environment. No comments were received from neighboring property owners. Public Comment: The applicant, Jim Tawney, was present. He stated lodge had been built in its present location in 1955. It was destroyed in 1982 by the Lawn Lake flood and rebuilt in the same location. The hot tub was installed in the spring of 2004. Mr. Tawney stated that he requested information from the Town Building Department regarding the necessary permits at the time of the hot tub installation. He was told he only needed an electric permit, which he obtained. A complaint by a neighbor resulted in further investigation and the necessity for the variance request. Warren Clinton, adjacent property owner of 2844 Fall River Road and owner of Castle Mountain Lodge at 1520 Fall River Road, spoke in support of the variance request. Discussion followed among the Board members and Director Joseph regarding the events that led to the hot tub being located within the river setback without intervention by the Town staff. Because Mr. Tawney attempted to meet the Town’s requirements when he installed the hot tub and because the encroachment into the setback is not substantial compared to the encroachment of the lodge. Members RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 7, 2006 Barker and Levine stated their support of the variance request. Member Sager concurred and stated that approval of this variance request will not set a precedent for future requests. It was moved and seconded (Sager/Newsom) to approve the variance request for Lots 7, 8, and 9, James-Mcintyre Subdivision, to allow a hot tub to be placed approximately four feet from the annual high*water mark of Fall River in lieu of the thirty feet required, with the findings and conditions recommended by staff, and the motion passed unanimously with one alternate member in attendance and two absent. CONDITIONS: 1. Compliance with the submitted plans. 2. Within fourteen working days of Board of Adjustment approval any applications required by the Town Building Department, Upper Thompson Sanitation District, and/or the Larimer County Department of Health and Environment shall be submitted. 4. REPORTS None. There being no further business, Vice-Chair Levine adjourned the meeting at 8:47 a.m. Chuck Levine, Vice-Cfiair lie Roederer, ^cording Secretary