Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2005-06-07RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 7, 2005, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Also Attending: Absent: Chair Al Sager, Members Cliff Dill, Bill Horton, Chuck Levine, Wayne Newsom, and Alternate Jeff Barker Members Dill, Levine, and Newsom Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Roederer Chair Sager, Member Horton Vice 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 May 3, 2005 meeting. 2. SW PORTION OF LOT 23. GREELEY-BOULDER COLONY, 2415 Highway 66, Applicant: Daniel Hansen — Variance Request from Section 4, Table 4-2, of the Estes Valley Development Code, requiring a ten-foot side-yard setback and a fifteen-foot rear-vard setback in the E - Estate zoning district Planner Shirk summarized the staff report. He stated that this is a request for a variance to Table 4-2, “Base Density and Dimensional Standards,” of the Estes Valley Development Code to allow a side-yard setback of five feet and in lieu of the ten-foot setback required and a rear-yard setback of six feet in lieu of the fifteen-foot setback required in the E-Estate zoning district. The purpose of these variance requests is to allow the placement of a detached, pre-fabricated garage, which was installed in 2000 without a building permit. The applicant had been informed by his building contractor that a building permit would not be required; therefore, no building permit was applied for. The applicant later discovered that a building permit was required and began the process of obtaining one through the Larimer County Building Department. At that time, Mr. Hansen discovered the building does not meet the required setbacks. Planner Shirk noted that the fact the applicant installed the garage without knowledge of the setback requirements should not be construed as special circumstances, however, a variety of features on the lot influenced the location of the building. These features include a well and drainage channel on the west side of the house, two large ponderosa pines (one in front of the house, the other beside it), and a drainage channel and septic system in front of the house. It is the staff’s opinion that the applicant’s predicament cannot be mitigated in any other way. The character of the neighborhood is not substantially altered by the placement of the garage, which has bee in place for five years. This request has been submitted to all applicable reviewing agency staff and to adjacent property owners for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. A letter received from the Larimer County Health and Environment Department stated that they will require a septic inspection prior to signing off on the building permit. One letter was received from adjacent property owner, George Wilson, in support of the variance request. Another neighbor, Ellis Hattan, 2409 Highway 66, was present in support of the request, although he did not address the Board. Public Comment: The property owner, Daniel Hansen, was present. He stated he is responsibility for the error that was made and wants to clear up the situation. taking RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 7, 2005 Member Levine noted that the garage was placed farther from the property line than the home. Member Newsom stated that the problem was an error on the contractor’s part and that Mr. Hansen should not be penalized. Member Levine commended Mr. Hansen for his efforts to correct the error. It was moved and seconded (Levine/Newsom) to approve the requested variance to allow a side-yard setback of five feet and a rear-yard setback of six feet, with the findings and conditions recommended by staff, and the motion passed unanimously with two absent. CONDITIONS: 1. The applicant shall obtain a building permit and all requisite inspections from the Larimer County Building Department. 3. METES AND BOUNDS. Amended Lot 6 and a Portion of the E V2 of the NE 14 of Section 34. T5N. R73W. 2220 Windcliff Drive. Applicant: Windcliff Village. Inc. — Variance Requests from Estes Valiev Development Code Section 4. Table 4-2, requiring a minimum 50-foot front-yard setback In the RE - Rural Estate zoning district. Section 6.3.C.2. Alteration/Extension of Nonconforming Structures Limited, and Section 7.13.B.2. Areas for outdoor trash collection or compaction Planner Chilcott summarized the staff report. She stated that the petitioner’s request is to allow expansion of an existing one-story trash facility located on a residential lot at the entrance to the Windcliff Subdivision. Waste Management vehicles collect trash generated by the entire subdivision from this facility. Windcliff has outgrown the facility and needs to expand to meet the needs of current and future residents. The Windcliff Property Owners’ Association has provided a letter stating that this expansion will meet the needs of residents at subdivision build-out. The existing structure is 16’ 6” by 13’ 6”; the proposed addition to the front of the structure is approximately 6’ by 18’. The existing trash facility is currently nonconforming as to the fifty-foot front-yard setback, being 6.7 feet from the front property line. It is also located in the front yard, rather than the rear or side yard as required by Section 7.13.B.2 of the EVDC. Legal notice was published for a variance to Section 6.3.C.1 Alteration/ Extension of Nonconforming Uses Prohibited, but the trash facility is classified as a Government Facility (Utility, Minor), which is a permitted use in all residential zoning districts. Planner Chilcott noted that the trash facility is critical to the delivery of a public service to the entire subdivision, is screened well by being built into a hillside, and will serve the subdivision needs at build-out with oniy a 108-square-foot addition to the building. A new trash compaction facility could be built that complies with the setbacks; however, this would require significantly more land disturbance and the current location is designed well for garbage truck access. Although there is trash pick up six times per week, there is not enough storage space for the trash that is generated. Without the expansion of the trash compactor building there may be problems with bears, as the properties that rely on this facility abut the National Forest and National Park. The proposed expansion would place the building within one foot of the property line and the design of building fits in with character of neighborhood. This request has been submitted to all applicable reviewing agency staff and to adjacent property owners for consideration and comment. Comments concerning openings and fire-rated walls within three feet of the property line were received from Stan Griep, Larimer County Building Department’s Lead/Commercial Plans Examiner. After learning that the adjacent lot includes Windcliff Drive, Mr. Griep advised that an opening for the trash facility door would be permitted. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 June 7, 2005 Public Comment: Bud Duryea, President of the Windcliff Property Owners’ Association, was present. He stated that the proposed addition will allow for two additional dumpsters and will have a positive impact for the Property Owners’ Association, both financially and aesthetically. It was moved and seconded (Newsom/Levine) to approve the requested variances, with the findings and conditions recommended by staff, and the motion passed unanimously with two absent. CONDITIONS: 1. 2. 3. Compliance with the submitted plans. A registered land sun/eyor shall set the survey stakes for the 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. All plans shall be stamped by a Colorado registered engineer. 4. REPORTS Director Joseph stated that Community Development staff is processing a staff-level minor variance for expansion of the nonconforming use of an ATM in Barlow plaza. The ATM machine has been in place for a number of years, but a computer screen and keyboard have been added recently for informational and marketing purposes. When the applicant applied for a sign permit, it became clear that the additional use conflicts with the Town’s containment ordinance, which requires that all businesses be fully contained within a building. A change to the Estes Valley Development Code will be proposed to specifically allow ATMs to be located on the exterior face of buildings in the CD - Commercial Downtown zoning district. There being no further business. Vice Chair Dill adjourned the meeting at 8:23 a.m. Julie Rdederer, Recording secretary