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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2016-11-01Prepared: October 25, 2016 * Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, November 1, 2016 9:00 a.m. — Town Hall Board Room 1. OPEN MEETING & INTRODUCE MEMBERS 2. PUBLIC COMMENT 3. CONSENT AGENDA Approval of minutes dated October 4, 2016 4. METES & BOUNDS PARCEL; 3542 ASPEN VALLEY ROAD; YOUNG RESIDENCE VARIANCE Owner: Peggy Young Applicant: Peggy Young Request: Variance from EVDC Section 4.3, Table 4-2, which requires 50-foot setbacks in the RE-1—Rural Estate zone district. Request to allow a 21.5- foot setback for construction of a proposed garage addition to an existing dwelling. Staff: Audem Gonzales 5. LOT 10, MOUNT VIEW PARK, AND THE EAST PORTIONS OF METES & BOUNDS PARCELS 2, 3, & 4, IMMEDIATELY WEST OF LOT 10, MOUNT VIEW PARK; 819 BIG HORN DRIVE; HARMONY FOUNDATION VARIANCE Owner: The Harmony Foundation, Inc. Applicant: Celine LeBeau, Van Horn Engineering & Surveying Request: Variance from EVDC Section 4.3, Table 4-2, which requires a minimum lot size of one acre in the E-1—Estate zone district. Request to allow proposed Lots 4A & 5A be sized 0.74 and 0.51 acres, respectively. Prendergast Resubdivision application to create proposed Lots 4A & 5A runs concurrent with this variance application. Staff: Audem Gonzales 6. REPORTS A. Estes Valley Planning Commission Special Study Session on vacation rentals; November 1, 2016 from noon to 2 p.m.; Town Hall Board Room B. Estes Park Board of Appeals meeting on building codes as they relate to vacation rentals; November 3, 2016, 4 to 6 p.m., Town Hall Board Room C. Other 7. ADJOURNMENT The Estes Valley Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 4, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Smith, Moreau, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Recording Secretary Thompson Absent: Chair Lynch Vice-Chair Newsom called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes dated September 13, 2016. It was moved and seconded (Smith/Poggenpohl) to approve the minutes as presented and the motion passed 4-0 with one absent, and Member Moreau abstaining. 3. UNIT 1147, STONE BRIDGE ESTATES CONDOMINIUMS; 1147 FISH CREEK ROAD; WILSON RESIDENCE VARIANCE Planner Gonzales reviewed the staff report. The applicants, Charles and Nancy Wilson, requested a variance from EVDC Section 7.6.E.1.a(1), which requires all buildings and accessory structures be set back at least thirty (30) feet horizontally from the annual high- water mark of stream corridors, or if not readily discernible, from the defined bank of the stream. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. The request is to encroach into the existing 30-foot setback to allow construction of a new home. The defined bank of the stream will be changing with the redesign of Fish Creek, as shown in the Fish Creek Public Infrastructure Project. The distance from the property line to the riverbank will be more than 30 feet once the stream is redesigned. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 October 4, 2016 Planner Gonzales stated approval of the variance would allow a setback of 10.7 feet from the current Fish Creek riverbank. He stated the former dwelling was destroyed in the 2013 flood, and the applicant desires to rebuild on the lot, moving the structure further east than the previous structure. The former dwelling was not in the river/stream setback at the time it was built. Following the flood, Fish Creek migrated to the east, which in turn shifted the setback to the east. The Fish Creek Public Infrastructure Project is scheduled for completion in September 2017. While the 90% design plan was provided in the meeting materials, the 100% design is now available, and no changes have been made at this location from the 90% plan. Planner Gonzales stated a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners and affected agencies. Comments were received from Environmental Planner Tina Kurtz and Upper Thompson Sanitation District. No public comments were received. Staff Findings 1. Special circumstances or conditions exist: Staff found the previous home located at 1147 Fish Creek Road was not built within the 30-foot stream corridor setback. During the flood event of 2013, Fish Creek shifted to the east, which also shifted the setback requirement. The shift was approximately 20-25 feet east. The footprint location for rebuilding the home at this address is now greatly affected by the newly established setback. Strict compliance with Code standards would prevent the home to be rebuilt at this address, even though the home is proposed to be built farther east than the previous home. The new creek alignment associated with the Fish Creek Road Public Infrastructure Project is proposed to be completed by September of 2017. This would eliminate the need for a setback Variance, as the setback will again shift westward towards the original Fish Creek alignment. Staff believes this Variance would be a "temporary Variance" as the encroachment would only take place until the new alignment is complete. The special circumstance found at this property is unique to the Estes Valley. The home lost during the 2013 flood was the only structure deemed a total loss. 2. In determining "practical difficulty": a. Whether there can be any beneficial use of the property without the variance; Staff found building the same size of home as the previous one outside of the current stream corridor setback would not be practical. It would involve eliminating the driveway. The post-flood creek alignment reduces the buildable RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 October 4, 2016 area by approximately 20-25 feet. The applicant has proposed moving the structure farther east than the previous building. b. Whether the variance is substantial; Staff found the variance is substantial in that it would allow a building to encroach up to 80% into the setback. Since the setback is deemed temporary, Staff does not feel the request is substantial in developmental impacts. The applicant has proposed flood mitigation efforts such as; designing the basement floor to be 1-foot above the Base Flood Elevation level as well as sinking the west foundation wall into the bedrock and other basement foundation walls being placed on piers. The footprint of the proposed home is within the current FEMA floodplain boundaries and will require a floodplain development permit prior to issuance of a building permit. It is uncertain whether the building will be within the remapped 100-year floodplain, which will not be finalized until 2017. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance: Staff found the character of the neighborhood would not be substantially altered with this proposal. The previous home was built farther west from this proposal. This Variance would allow the home to be rebuilt on the property at the requested location. The adjacent property to the south is currently within the 30- foot setback as well. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Staff found approval would not have any effect on public services such as water and sewer. e. Whether the applicant purchased the property with knowledge of the requirement; Staff found the home was built in 2011 and was located entirely outside of the 30-foot stream corridor setback. Post-flood, the setback shifted and created a more difficult site to build on. The owner could not have foreseen this situation taking place. f. Whether the applicant's predicament can be mitigated through some method other than a variance; Staff found building the exact home footprint outside of the current setback is not possible without a Variance. The driveway would need to be eliminated and the home would not be consistent with the neighborhood. A Variance is the only method available to mitigate this predicament. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 October 4, 2016 Staff found conditions of this application are not general to the Estes Valley. They are very specific to this property, size, and orientation. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. A setback variance would be the least deviation from Code to allow the addition to continue to be located at this site. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions that will, in its independent judgement, secure substantially the objectives of the standard so varied or modified. Staff had no recommended conditions of approval. Planner Gonzales stated staff recommended approval, with no conditions. Staff and Member Discussion Member Poggenpohl inquired as to whether there may be room to move the dwelling even further to the east. Planner Gonzales stated if the dwelling was moved further east, the driveway would not be code compliant, and the project would be inconsistent with other homes in the neighborhood. Member Moreau inquired if the Town would be liable if the Board approved the variance, the home was built, and a future flood washed away the home again. Planner Gonzales stated an approved floodplain permit would be required prior to the issuance of a building permit; therefore, the property owner would be responsible for any damages caused by future flooding. Public Comment Mike Olson/applicant has been working with the property owners for approximately a year and a half trying to design the home and stay out of the setback. The homeowners are anxious to rebuild. He has met with structural engineers to design the piers to withstand any future flooding. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 October 4, 2016 Barbara May/HOA President for Stone Bridge stated the neighbors received the notice, and all are supportive of the variance request. Public comment closed. Staff and Member Discussion Member Poggenpohl stated he was interested in being able to help anyone that was directly affected by the 2013 flood. Conditions of Approval None. It was moved and seconded (Moreau/Smith) to approve the variance request with the findings recommended by staff and the motion passed 4-0 with Member Lynch absent. 4. REPORTS A. Director Hunt reported Member Poggenpohl expressed an interest in training for Board of Adjustment members, or Board membership in general. He is looking into the options and will get information to the Members soon. He stated staff could also benefit from additional training. He is aware of an on-site training by the Department of Local Affairs (DOLA), and if Estes Park were chosen as a training site, other localities would be invited. B. Director Hunt reported Planner Gonzales was promoted from Planner I to Planner II. The department will move forward with hiring someone for the Planner I position once the 2017 budget is approved and adopted. There being no other business before the Board, the meeting was adjourned at 9:19 a.m. John Lynch, Chair Karen Thompson, Recording Secretary 3542 Aspen Valley Road - Setback Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org EP ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: November 1, 2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts. The variance would allow a 21.8 foot front setback in lieu of the 50-foot required in the RE-1 Rural Estate zone district. The purpose of the variance is to allow for an attached garage to be built on the property in the 50-foot required setback. Staff recommends denial LOCATION: 3542 Aspen Valley Road, within the unincorporated Estes Valley. VICINITY MAP: See attachment APPLICANT/OWNER: Peggy Young STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: This is a request to grant a variance to allow for a 21.8-foot front setback in lieu of the required 50-foot setback. The RE-1 zone district standards require a 50-foot all on property sides. The applicant is proposing to build an attached garage approximately 1,176SF in size on the south side of the existing residence. The proposed new front setback cannot be approved at a staff level, therefore a variance has been requested. The existing building slightly encroaches into the current setback. The home was built in the 1980's when the property was zoned E-Estate and the front setback was 30-feet. At that time, the building was compliant with zone district standards. REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 5 surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a "variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received one written public comment in regards to this application. The comment was from an adjacent property owner and expresses no opposition to this proposed variance. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property is zoned RE-1 Rural Estate, which has a minimum setback on all sides of 50-feet. The lot is approximately 2.7 acres in size, which is substantially under the 10 acre minimum for this district. The property is currently developed with one single-family home which includes a tuck-under garage. The applicant has stated the reason for the proposed garage addition location was to avoid steep grades to the west and east, leaving the Figure I: Looking north towards the existing home/garage. The area directly only area to expand to the west of the home is relatively flat then slopes down drastically. The current south. Another reason stated entrance to the home is accessed via the staircase seen in the photo above. for not building westward is that the existing home entrance faces west. Adding the addition at this location would affect the main entrance and is not practical. Staff believes the proposed location is a feasible and practical location for an addition but the area directly east of the home is also a feasible and practical location. There is a slope at this location but staff does not feel it is excessive enough to deter development at this area. Cutting into hillsides is common in the Estes Valley and could achieve the desirable outcome of having additional garage space. Staff also finds that the current zone district is not aligned with the size of the lot and that does pose some difficulty with developing the site, especially with the established 50-foot setback requirement. 3542 Aspen Valley Road — Setback variance Page 2 of 5 Figure 2: Area to the east of the home. While it may not be practical to expand towards the west, the east side of the home offers a practical location which may require a variance but to a much lesser degree as the proposed variance. (see attached site plan) b. Whether the variance is substantial; Staff Finding: The variance is not substantial in regards to the physical location of the addition. The neighboring property to the south has a single-family home built on it that is approximately 600 feet from the proposed addition. The property owner to the south has provided public comment stating no objection to this variance. The deviation from Code standards would be a 43% deviation, which would be substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The single-family character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). All developed properties have homes located far from the proposed addition. Adjacent properties are approximately 11-30 acres in size. Staff has found that all adjacent property homes and small structures are built outside of their specific zone district setbacks. The subject property is the only one with an existing building located within the setback. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: The existing home and garage can be used without adding an addition to the building. The applicant stated the existing garage is too small to accommodate a full size pickup truck/or SUV. 3542 Aspen Valley Road — Setback variance Page 3 of 5 e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and was readily available to the public. The applicant purchased the property in the 1980's when it was zoned E-Estate. RE-1 zone district setback requirements were not in effect until 2000. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A variance appears to be the only method to construct this addition at the proposed location. Staff feels an alternative location may be achieved, whether that be with an attached addition or detached structure. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions of this application are general in nature. While the slope to west does drop off significantly, there is area to the east that could be developed. See figure 3. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: No reduction in lot size or increase in number of lots is proposed by this variance request. Figure 3: Topography of site with 1 foot contours. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The new addition aims to make a practical decision in the placement of the building but Staff feels there are additional locations that could potentially require less of a variance or no variance at all. This variance would represent the least deviation from Code that will afford relief for the proposal but other options seem to exist. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. 3542 Aspen Valley Road — Setback variance Page 4 of 5 Staff Finding: The variance does not propose a non-permitted or prohibited use, 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff is not recommending approval, therefore no conditions are recommended at this time. STAFF RECOMMENDATION: Staff recommends DENIAL of the requested setback variance SUGGESTED MOTIONS I move to DENY the requested variance with the findings made by staff. I move to APPROVE the requested variance with the following findings and conditions (state reason/findings and place conditions if appropriate). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan 5. Site photos 3542 Aspen Valley Road — Setback variance Page 5 of 5 •'`*r .7F-f: • Vicinity Map Town of Estes Park Community Development Vicinity Map Project Name 3542 Aspen Valley Road Variance Project Description: Variance to 50-1-00t setback Pelitioner(s): Peggy 1 in = 83 ft 0 40 80 Feet Printed: 10/26/2016 Created By: Audem Gonzales Parc6s-Lwimer A ESTES DARK coif ESTES VALLEY BOARD OF ADJUSTMENT REQUEST FOR VARIANCE STATEMENT OF INTENT 3542 Aspen Valley Road, Estes Park, Colorado Parcel #24070-00-013 This application is a request for a variance from the setback requirements of Table 4-2 in the RE-1 zoning, from 50- feet down to 21.5-feet at the closest point, to allow a garage addition to an existing home. The existing home is approximately 28'x70' , two-story, with a 'tuck-under' garage on the lower level south end. The owner wishes to construct an additional 28'x42' garage space on the property, as the existing garage is too small to accommodate their vehicles. Review Standards 1. Special circumstances or conditions exist: The original house and garage were constructed in 1980's and sits generally in the middle in terms of east-west, but very close to the southern edge of the property. The southeastern corner of the existing garage is currently just within the 50-foot setback. The lot is only 2.7acres, but the underlying zoning is 10-acre minimum. A major difficulty with development of this property is the grade — the house sits on a small level platform while the slope climbs steeply above and falls sharply below. 2. Practical Difficulty a. The property has been in use without the variance; however, the original garage is too small to accommodate a full size pickup truck and/or SUV and does not have adequate storage capability. b. The variance seems substantial relative to RE-1 zoning requirements, but impacts only one property — that directly to the south (the access to the subject property crosses this lot). That property (3630 Aspen Valley Rd) is developed, and the owner's house sits far to the south and east of the subject property. Furthermore, it is our understanding that the owner has no objection to the requested variance. c. The essential character of the neighborhood would not be altered, nor would adjoining properties suffer detriment as a result of the variance. See comments in 'b' above. d. The variance would have no effect on public services. e. The owners purchased the property in the 1980's and constructed the home that currently sits on the property. f. Apart from somehow purchasing a portion of the property to the south (not possible or practical) there is no relief without a variance for this lot, as there is no other area on which it is practical to build. 3. The conditions reflected in this application are not general. They are specific to this particular home and property, size and orientation. 4. No reduction in lot size or increase in number of lots is proposed by this variance request. 5. The plan proposed is not excessive, since it results in building otherwise in compliance with the EVDC and has essentially no impact to surrounding properties. 6. The variance does not propose a non-permitted or prohibited use, as the area of accessory uses would still be well under the limit described in EVDC 5.2.0.5. Prepared by: Steve Lane, AIA BASIS Architecture PC Single-family Single-family Existing Land Use Proposed Land Use Table 4-2 front setback of 50-feet in RE-1 zone Variance Desired (Development Code Section #): Submittal Date: General Information 441 Record Owner(s): Peggy Young Street Address of Lot: 3542 Aspen Valley Road Legal Description: Lot: Subdivision: Block: Tract: meets and bounds description Lot Size 2.7 acres Zoning RE-1 Rural Estate Existing Water Service r Town X Well r Other (Specify) Proposed Water Service r Town ix Well r Other (Specify) Existing Sanitary Sewer Service r EPSD r UTSD PC Septic Proposed Sanitary Sewer Service r EPSD r UTSD IX Septic Existing Gas Service r Xcel R Other r None Site Access (if not on public street) Are there wetlands on the site? Variance ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Variance requested Is 28.5', i.e. to a setback of 21.5'. Primary Contact Information Name of Primary Contact Person Steve Lane, AIA - BASIS Architecture PC Complete Mailing Address 1692 Big Thompson Ave, Ste 100 Primary Contact Person is r Owner r Applicant X Consultant/Engineer Attachments 3 Application fee (see attached fee schedule) 3 Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) 3 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** 3 1 reduced copy of the site plan (11" X 17') I— Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org ** The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Park .6 P.O. Box 1200 170 MacGregor Avenue Estes l'ark, CO 8051/ Community Development Department Phone: 1970) 577-3721 Fax: 1970) 586-0249 -e. www.estes.org/CommunityDevelopment Contact Information Record Owner(s) Peggy Young Mailing Address 3542 Aspen Valley Rd; P.O. Box 4292 Phone 970 -277 -9713 Cell Phone Fax Email .11 Applicant Mailing Address Phone Cell Phone Fax Email same as above Consultant/Engineer BASIS Architecture PC Mailing Address 1692 Big Thompson Ave, Ste 100 Phone 970.586.9140 Cell Phone Fax Email steve@basls.com APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: http://www.estes.oru/ComDev/Schedules&Fees/PlanninoApplicationFeeSchedule.odf All requests for refunds must be made in writing. All fees are due at the time of submittal. APPLICANT CERTIFICATION ► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreemerit, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http.//wwvv.estes.orq/ComDeviDevCode ► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my properly during the review of this application. ► I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. ► I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. ► I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT: Applicant PLEASE PRINT: S Signatures: Record Owne Applican Date Date AspenValleyRoad. ice - Young.xls Page 1 Owner Tyler & Debra Campbell Andrea Ringler Curtis & Maryanne Martin Peggy Young Scott Stewart Monique Dulaney Owner II Address City ST Zip PO Box 373 Chestertown MD 21620 1475 Tammarron SE Grand Rapids MI 49546 6403 S Jericho Cir Centennial CO 80016 PO Box 4292 Estes Park CO 80517 700 Lake Shore Rd Grafton WI 53024 2618 Skyline Dr Carroll IA 51401 " N N EXISTING GARAGE FF-8170 9 cc 1ST HOUSE FOUND 2" ALUM. CAP BEING THE N 1/16 C-C, SEC. 7, T4N, R72W 2 Ea Pcc:i (/) EXISTING GARAGE L EXISTING CON EXISTING GRAVE N8831-1-4-4NV_ . _ . 234.00' FF-81W.9 EXISTING CO EXI LFOUND #3 REBAR Plo1. t Plan Plan SCALE: 1" =50 - Site Plan SCALE: 1" =30 EXIST EXIST HOUSE a: \ \ )-- I- \ \ -R-- \ \ _ cc (.9 S889 3114411-E _ -J 494.98' N PROPANE TANK in5 ED >- co C9 z 0 1 — -0 cc CD EXISTING PROPANE TANK EXISTING /'Ø co 3542 ASPEN VALLEY RD PARCEL #24070-00-013 RE-1 ZONE 2.7 ACRES Issue: BOA Date: 9/15/2016 Sheet Title: Site plans Sheet No: Al 819 Big Horn Drive — Lot Size Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: November 1, 2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts. The variance would allow two newly created lots to be 0./4-acres and 0.51-acres in size in lieu of the 1-acre required minimum lot size in the E-1 Estate zone district. The purpose of the variance is to allow for the Re-Subdivision of 5 parcels which are partially located in the unincorporated Estes Valley and within the Town of Estes Park. Staff recommends approval LOCATION: 819 Big Horn Drive, within the Town of Estes Park and the unincorporated Estes Valley VICINITY MAP: See attachment APPLICANT/OWNER: The Harmony Foundation STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: This is a request to grant a variance to allow for two newly created lots to be 0.74-acres and 0.5-acres in size in lieu of the 1-acre required minimum lot size in the E-1 Estate zone district. Currently, there are five parcels (four are legally non-conforming) which all zoned E-1 Estate partially located in the unincorporated Estes Valley and within the Town of Estes Park limits. A Re-Subdivision Plat application is currently being processed concurrently with this variance application. The Re-Subdivision of the area (process used to clean up areas with illegally subdivided parcels) would result in four legally platted lots. Two of the four lots will be a decrease in size from the original parcels below the minimum lot size requirement. That decrease below the minimum SF requirement has prompted the need for a Variance. REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a "variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comment in regards to this application. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The properties are zoned E-1 Estate which requires a minimum lot size of 1-acre. Currently, there are six ownership parcels. See Figure 1. This division of land was done illegally throughout history. The Harmony Foundation building straddles Town and County boundaries and is located on three ownership parcels. Figure 2 shows the original five properties that are subject to the Re- Subdivision application. The western four lots are legally non-conforming in regards to lot size. Through the Re- Subdivision process, four legally platted lots will be created, two in the unincorporated Estes Valley and two within the Town of Estes Park (see Figure 3). One of the four newly created lots will meet Code standards for minimum lot size at 1.15-acres while the other three will not. Of the three, one will increase in size and become more compliant with the 819 Big Horn Drive — Lot Size Variance Figure l: Current ownership parcels. Four of the six are wider sized. Five of the six are located outside of Town Boundaries. Harmony Foundation building straddles two jurisdictions (County and Town). Multiple illegal subdivisions of land. Figure 2: Original five parcels subject to Re-Subdivision of area. Four of the. five parcels are under sized and located within the unincorporated Estes Valley. Page 2 of 5 why -TA _ Q.771'77'..) Lot 2 ,-;;;...;;;,--, • C-•_"..-1"!_-.) QV' EVDC and two lots will decrease in size. This variance request is for the two lots that are decreasing in size, Lots 3 & 4. Staff also finds that the current zone district is not aligned with the size of the lots in this area and that does pose some difficulty with developing the sites, especially with the established 50-foot setback requirement. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: There are cross jurisdictional boundaries (County/Town) in this area. While the developed parcels may remain to be occupied as they are now, any illegally subdivided parcel is deemed undevelopable. The Re-Subdivision Plat aims to "clean up" the area and legally plat four lots. The existing Harmony Foundation building is located within two jurisdictions which make repairs and maintenance extremely difficult. A non-conforming building may not expand or be altered in a way that extends the non-conformity. The Harmony Building is essentially untouchable as it lies within three setbacks. It is not practical in any way to continue with this situation. The Re-Subdivision Plat is the correct course of action to remedy this problem. The end result will create two undersized lots, but will remove all setback and cross jurisdictional problems. b. Whether the variance is substantial; Staff Finding: The variance is substantial when the actual percentage calculations are presented. Lot 4 will represent a 16% Variance and Lot 5 will represent a 42% Variance. The end result of the two applications remedies several problems that the Board of Adjustment should weigh into their decision. Illegal subdivisions are being remedied by re-subdividing and platting the area, cross jurisdictional problems are being fixed with the re-sub and one lot is increasing in size and moving towards conformance with the 1-acre minimum. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The character of the neighborhood will not be altered or suffer a detriment in any way. Granting the Variance allows a complicated land use issue to be resolved. The majority of this area is developed with the exception of the western parcel which is currently deemed unbuildable due to being part of an illegal subdivision. 1.01-1 Ant Fti i; '21 .-7-111 fraftv, Figure 3: Re-Subdivision Plat resulting in four legal lots. Lot 3 tt 4 are decreasing in size and require a Variance to minimum lot size. Lot 2 is increasing in size and moving towards conformance. 819 Big Horn Drive — Lot Size Variance Page 3 of 5 d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. The Re- Subdivision Plat will require dedicating all appropriate easements for public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The Harmony Foundation did purchase the parcels with the knowledge of lot size and setbacks. This situation is very uncommon in the Estes Valley. Again, the re-subdivision is the appropriate process to remedy most of the known issues. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A variance is the only method to accomplish the proposed lot arrangement. Another alternative to remedy the multiple lot lines that cross the Harmony Foundation building is granting several easements across the parcels. This would mean that the illegal non- conforming parcels would remain as such and not be buildable. This alternative would further burden all property owners involved. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions of this application are very unique and are not common in the Estes Valley. Rarely are there situations in which three parcel lines cross over one building and two jurisdictions are involved. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: Currently there are five legally non-conforming parcels subject to the Re-Subdivision Plat. The end result will be four legal lots. The applications (Variance and Re-Sub Plat) are decreasing the number of lots and not increasing the number. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: This Variance will represent the least deviation from Code. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. 819 Big Horn Drive - Lot Size Variance Page 4 of 5 Staff Finding: The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff is not recommending any conditions at this time. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested lot size Variance. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings made by staff. I move to DENY the requested variance with the following findings and conditions (state reason/findings and place conditions if appropriate). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Final Plat 819 Big Horn Drive — Lot Size Variance Page 5 of 5 / 14, 853 Town of Estes Park Community Development Vicinity Map Project Name: Harmony Foundation Variance 1 in = 83 ft Printed: 10/28/2016 Created By: Audem Gonzales Project Description: Variance to Lot Size 40 80 Petitioner{s): The Hark bundation Feet II Town Boundary Par 1111=1, lmer A EP E57E5 PA COLORAL._ A ---- irj 101 / //I .htliferros-----g- STATEMENT OF INTENT PRENDERGAST RESUBDIVISION AND HARMONY' FOUN ANNEXATION September 30, 2016 The Resubdivision for Lorimer County Parcels #'s 35243-00-001. 35243-00-002, 35243- 00-003, 35243-00-004, 35243-05-010 and 35243-00-029 and Annexation Petition for Lorimer County Parcel tt's 35243-00-001, 35243-00-002, 35243-00-003 of Section 24, Township 5 North, Range 73 West of the 6th P.M., County of Lorimer, State of Colorado The intent of this submittal is to adjust property lines so that five parcels subject to this plat become inure conforming in accordance to the Estes Valley Development Code (EVDC). Four parcels (Original Parcels 2-4 and 6) are outside of the Town of Estes Park (TOEP) limits. The eastern portion of Parcels 2-4 (Book 1053 Page 528) were illegally split off after 1972 by deed at Reception No. 94076042, dated 1994 and sold to Parcel 5 (Lot 10. Mount View Park). The three parcels cast of the private access road were split off because of an encroachment issue by the building on Parcel 5. The owner at the time, the Kingstone Foundation, wanted to purchase the land under their building. The Harmony Foundation now owns said eastern portion of the three parcels (East Parcels 2- 4) along with Parcel 5 (Lot 10. Mount View Park). which is in the TOEP boundary. The proposed Resubdivision illustrates the original five parcels and the proposed four Lots. In order to adjust the Harmony Foundation parcels that are partially in TOEP limits, East Parcels 2-4 must be annexed into the TOEP. Therefore, an Annexation Application is also a part of this submittal. Proposed Lots I and 2 West Parcels 2-4 and 6 are outside of TOEP limits, will remain so, and will be combined into two new Lots; Lot 1 and Lot 2. The proposed Lots will remain in the Estate (E-1) Zoning District on Town water, EPSAN sewer service, and Town power. The minimum lot size for E-I zoning is I-acre, however the original parcels (2-4 and 6) range from 0.30-0.63 acre each. The proposed Lots will be closer to conforming to the prescribed lot size. Additionally, Lot 2 will include its own driveway (currently encroaching on original parcel 4) at the existing cabin addressed 753 Big Horn Drive. Lot 1 is proposed at 1.15 acres and Lot 2 is proposed at 0.59-acre (originally 0.30 acres as Parcel 6). A 30' wide utility and access easement along the east property line of Lots 1 and 2 along the private access road will be dedicated with this Resubdivision. Proposed Lots 3 and 4 The Harmony Foundation currently owns the East Parcels 2-4 (east of the private access road) and Parcel 5 (Lot 10 of Mount View Park) which is the only parcel located in the TOEP limits. East Parcels 2-4 are proposed to include those portions of the original Parcel 2-4 from the east edge of the private access road as Lorimer County Assessor currently depicts the parcel configuration (#'s 3524300001, 3524300002, 3524300003). They were split off by deed in 1994 (reception #94076042). East Parcels 2-4 are proposed to be annexed into the TOEP as part of this submittal. The annexed parcels are then proposed to he combined with Parcel 5 and then split into two new Lots; Lot 3 and Lot 4. Harmony's proposed lots will remain zoned E-1 having acreage of 0.74 and 0.51 respectively. The acreages do not conform to the E-1 I-acre, however it will eliminate the three small parcels (East Parcels 2-4, as depicted by Larinier County), which have acreages ranging from 0.06 to 0.17. Additionally the proposed property line configuration for Lots 3 and 4 will resolve building and improvement encroachments that currently exist over the west line of original Parcel 5 on to the East Parcel 2-4. The proposed lot configuration will also make one structure on each lot instead of two structures on one lot, bringing that issue into conformity. A utility and access easement along the private access road off Big Horn Drive in the southern portion of Lot 4 is being dedicated with this Resubdivision. Variance Request A variance is being requested tiff minimum lot size (Estes Valley Development Code Section 4.3-Residential Zoning Districts), Lots 3 and 4 will be smaller in size than the original Lot 10, Mount View Park lot (0.88-acre) that is currently below the I -acre minimum lot size in the E-1 zoning district. The resulting Lots 3 and 4 will be 0.74 and 0.51-acre respectfully which is larger than many of the current lots. Utilities All proposed Lots are serviced by Town water, Town power, and the Estes Park Sanitation District (EPSD). Original Parcels 2-4 were in the Upper Thompson Sanitation District and have been recently Excluded from the UTSD (August 16, 2016). Once the Resubdivision is finalized, a petition for Inclusion into the EPSD will be submitted as agreed with EPSD. A sewer main shall be extended from existing manholes south/southeast of the parcels per EPSD standards prior to the development of Lot I as noted on the Resubdivision Plat. ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: Lot Size O. Re -cicr,e___ Zoning Existing Land Use Proposed Land Use Existing Water Service ,13-\--rown Proposed Water Service Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service r Xcel Site Access (if not on public street) Are there wetlands on the site? Variance Variance Desired (Development Code Section #): Primary Contact Information Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Attachments ("elin& e-f5-etta_ 10q3 h efteek_Roa.c12 6-leS ,f1', (O F Owner r Applicant Consultant/Engineer r Application fee (see attached fee schedule) F Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) 1 copy (folded) of site plan (drawn at a scale of 1" = 20') " 1 reduced copy of the site plan (11" X 17") r Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org " The site plan shall include information in Estes Valley Development Code Appendix B.V11.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Park -6 P.5. Box MO -6 170 MacGregor Avenue .e1/4 Estes Pork, CO 80515 Community Development Department Phone: (970) 577-3721 -6 Fax: (970) 586-02.49 -6 www,ostes.org/CommunityDeveloprnenr r Well Other (Specify) 1— Well r Other (Specify) r EPSD UTSD F EPSD UTSD F Other r None Septic r Septic ECELV COMMUNITY DEVELOPMENT SEP 2 7 2016 1 Record Owner(s): Street Address of Lot: Wie-,,leti all 611 fet5,A. tivx lior 70 6 1-1`Yto-itvs (1/ r-k Legal Description: Lot: Subdivision: Parcel ID # : /0 Block: Tract: IP 1)1474 Kr 4t) 1 /4.51.42 cti Contact:16torniti6b.V.,4: ft• Record Ownerfs) Mailing Address Phone Cell Phone Fax Email Applicant Mailing Address Phone Cell Phone Fax Email Consultant/Engineer Mailing Address Phone Cell Phone Fax Email 7.71, .ran tip" epx j a (der, &oso vam kiv f n 19inee,7vig /01<3 C-r, 120 ?-9 - g3g& "?.D 3g-- n 66171 e Abecxx_k__ (-) 8W19- (1712-1-77-- o3 91 rg., t/vin el.41.-11Ctrv-1 14/1. CorY1 Vam 1-10,01 1/2 c e'd/..1 6 vhe_ c 6,1-3 carvi APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: http://www.estes.orp/ComDev/Schedules&Fees/PlanninqApplicationFeeSchedule.pdf All requests for refunds must be made in writing. All fees are due at the time of submittal. APPLICANT CERTIFICATION I. 1 hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. OP In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). fa• I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, l have had tht opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://www.estes.orcdcomDev/DevCode 01' I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. 110. I understand that this variance request may be delayed in processing by a month or more if the information provided IE. incomplete, inaccurate, or submitted after the deadline date. 0- I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. 10- I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. I* I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has becom, null and void. P. I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. 10. I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Record Owner PLEASE PRINT: 1 A 4-r-1, inlL', Names: Applicant PLEASE PRINT G n teeemA, Signatures: Record Owner Date 7/Z. 1 I ,/ I "1-• . 41. a El L Ha rmonyVa rianc nt 10-7-16 .xls Owner Owner II Address City ST Zip DAVIS FAMILY LIVING TRUST 790 BIG HORN DR UNIT B ESTES PARK CO 80517 GRAY JAMES W/LINDSEY SUSAN 790 BIG HORN DRIVE A LLC 420 S MARION PKWY APT 1501 DENVER CO 80209 HALL MARILYN KAY 186 LEES CREEK RD ASHEVILLE NC 28806 HARMONY FOUNDATION INC THE 1600 FISH HATCHERY RD ESTES PARK CO 80517 HAZEN BRADFORD D 40 MEADOW RD LYONS CO 80540 JOHNSON MICHAEL H & KAREN A 840 BIG HORN DR ESTES PARK CO 80517 KING SUSAN E & LARRY 1 9637 W OHIO AVE LAKEWOOD CO 80226 LAURIENTI DAVID P/LIESL 1 PO BOX 3354 ESTES PARK CO 80517 MACGREGOR MURIEL L CHARITABLE TRUST 180 MACGREGOR LN ESTES PARK CO 80517 MACGREGOR MURIEL L TRUST PO BOX 4675 ESTES PARK CO 80517 MAGNUSON DONALD L/JOAN I PO BOX 531 ESTES PARK CO 80517 MAXWELL JUDITH R 747 BIG HORN DR ESTES PARK CO 80517 MCBRIDE, GRUBAR, PRENDERGAST FAMILIES 7019 GATERIDGE DR DALLAS TX 75254 MOUNTAIN VIEW CABIN LLLP 7019 GATERIDGE DR DALLAS TX 75254 PILON JAMES DOWNS 821 BIG HORN DR ESTES PARK CO 80517 SCHULTZ HARLEN J 139 COUNTY ROAD 46 BERTHOUD CO 80513 SWANSON DONALD L/JANET M PO BOX 787 HUDSON EA 50643 SWICKARD STEVEN S & SUSAN D 755 BIGHORN DR ESTES PARK CO 80517 WALKER MALVIN E 850 BIGHORN DR ESTES PARK CO 80517 WARD ASHLEY DRAE & TREES KIMBERLY RENAE 811 BIG HORN DR ESTES PARK CO 80517 WHITMORE JANICE REVOCABLE TRUST 250 GRANITE LN ESTES PARK CO 80517 Page 1 PRENDERGAST RESUBDIVISION PLAT CERTIFICATION OF OWNERSHIP AND DEDICATION; KNOW ALL MEN By THESE PRESENTS THAT ROBERT MCBRIDE. ELLEN IMARSHALL, RALPH 4. MCBRIDE. MARY ANN MCBRIDE. JAMES GRUBER, SALLY GRUBAR, RICHARD PRENDERGAST, ALARCLA PRENDERGAST, AND THE HARMONY FOUNDATION. INC., BENG THE OWNERS OF CERTAIN PARCELS OF ONO IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 5 NORTH. RANGE 73 WEST. OE THE 5th P.M., CARRIER COURT,. COLORADO. BEING 0000 FARTAuLARLy DESCRIBED AS FOLLOWS, TO WIT, SURVEYOR'S CERTIFICATE' LONNIE A SHELDON, BEING FIRST DULY SWORN ON HIS OATH, DEPOSES AND SANS THAT HE IS A REGISTERED LAND SURLE,OR/ENONEER UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS SURVEY DOES DEPICT TOE RESUBLTIMSION Or THE SUBJECT PROPERTIES AND WAS MADE 12.7 Hon OR UNDER 1115 DIRECT SUPERLISION AND RESPONSIBLE CHARGE 0 00 CENTER 4001 1/1510 CORNER FOND •WITH WA1ec 4 KERR ap \\VAMPED 76974 \\\ ES.Bn7 r W 449 IT) - -0 fOuND 14 01BAR woe PLASTIC GP STAMPED 94115 rourib 14 Rt.. 55123027._ 116.07' sTALWED 94115 AnTH PLASTIC CAPN 6.PEtio6",a"Ut;,V, 0=47. 1106)7 4 1007. OF ESTES PARK COLORADO HE027'1411 11130' (1409.371 195.440 \.... POUND 2 A' 5,1 BRASS CAP A CORNER 5T41PE0 TON RIM 523 -524 Tr C , AcTLAL CORNER IS A TA404040 5010 N SM WK. OOPS 505.45. 39' FROM DRASs up 011-20•17 01720072# TOS 40' (S495710 101.50') V, k t A; 13,60 CONTAINING 298 ACRES MORE OR LESS: 04WE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND RESuBDtADED TO BE KNOWN AS LOTS I-4 OF THE PRENDERGAST RESuBDITASION RAT. LARMER COUNTY. COLORADO. oho 00 HEREBY DEDICATE 7410 CONVEY TO AND FOR PRIVATE USE FOREVER HIMDnER THE STREETS As ARE LAJO OUT AND DESIGNATED ON THIS PLAT, AND DO ALSO RESERVE PERPETUAL EASEMENTS FOR TIE INSTALLATEN ANO MAINTENANCE OF 071.7105 AS LAID OUT AND DESOLATE° ON THIS PLAT. WITNESS OUR TAROS AND SEALS THIS ________ DAY OF 2016 as (030570) APPONCI 04 PESO H1TH MASTIC CAP STAMPED 26974 EAST PARCEL 2 SURVEYOR NATAL LONNIE A. SHELDON PROFESSIONAL LAND SURVEYOR/ENGINEER NO, 26974 TOu110 /4 REBER IN POCK wiTH PLASTC CA.P SMA•PED MS 4473, BEA" 5.38' SOUNI OF SECTION LINE ROBERT 9056101 ELLEN MARSHALL LOT 3 0.74 ACRE E-1 DATE' couN STATE T :f or _____) )55 THE POREGOTNC INSTRUMENT WAS ACKNONLEDGED BEFORE ME 1115 S PARCELS 2-4 2016 81 ROBERT MCBRIDE Ate ELLEN MARSHALL.OAVY OF ACERS OF way•F3V0T 252,32 (N11656M 291440 _ _ APPROVAL OF SURVEY PLAT.- ORA. 44 Rake WEN PLASTIC CAR STARRED 25974 FOuND fa 6110 PLASTIC CAP STAMPED IMBS 33 THIS SURVEY HAS BEEN REVIEWED AND IS HEREBY APPROVED AS TO FORA. AS COMPLYING WITH ALL CURRENT SURVEY REOUIREMENTS OF HAMMER COUNTY AND OF STATE LAW PERTAINING TO PLATTING AND IkONLIMENTATION THIS APPROVAL CONSTITUTES NEITHER A. WARRANTY By WINER COUNTY CONCERNING SUCH COMPLIANCE, NOR A RELEASE OR INDETANTY OF THE SUBDIVIDER AND HIS SURVEYOR CONCERNING ANY NONCOMPLIANCE OF EMS RAVE, WITH CURRENT SURVEY REoLNENENTS -0 2 S Mal 1 TMEW 78 RE WITNESS MY NAND At40 OFFICIAL SEAL. MY COMMISSION EXPIRES__ EAST S WEST PARCEL 3 0.63 ACRE E-1 30' WOE UTLIN AND ACCESS UsEwENT TO BE OEDIDATED WITH THIS PLAT DATE A.•2; T.. PARCEL 3 !?1 COLORADO P.LS. NOTARY PUBLIC (SIGNATURE) (PRINTED NAME) ORIGINAL PARCEL 5 (LOT 10. MOUNT VIEW PARK) 0.88 ACRE E-1 DE EAST ED MLLOwS ERLY 347E CONCRETE CURB LARRER COUNTY ENGINEERING DEPORTMENT L911 1.15 ACRE E-1 RALPH J. MCBRIDE NARY ANN MCBRIDE STATE OF )55 coLINTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ATE THIS DAY OF 2016 BY RALPH J. MCBRIDE AND NARY ANN MCBRIDE OnNERS OF PARCELS 2-4. BOARD OF COUNTY COAVAMSSIONFRC APPROIA ARTKONED 5' THE ILMINER COMOY BOARD 01 COUNTY COMMISSIONERS 016 _ ONO OF 2016 ALL OEDr.ATONS ARE HEREBY ACCEPTED ON KAHLE OF 100 PuBT.C. THIS APPROINO. DEES HOT CONSTRUTE ACCEPTANCE OE RESPONSIBILITY BY DR 500901 Fre CONSIRLOTION. REPAIR. OR LAINTENANCE OF ANY SIRPCTs, NaCRwANS. Aare. BRIDGES. NIGHTS-Dr-We OR OTHER mPROMENTE OCSIGNATED OM MS PLAT. FOND 14 FoLlie RIR PLAS1C CAP STAMPED 905 tia814414 277.731 (.611956W 276') • • POUND 04 REEM.9 MTN PLASM CAP STAMPED 011974 *FRCSS Air HANG AND oFFE1AL SEAL. NY COMMISSION EXPIRES__ NOTE, T14P3 060655 TO NounpLE PARCELS 6 1101 OWERED ER AN OBSOUS • • ACREM EASEMENT AS CeLETT OW IN • NW OF THE AISTORICAL ME COMMITMENTS. 33 T. O9Owts1.17w) s (46.243 EAST PARCEL 4 33 33 01.104. S WEST PARCEL 4 0.62 ACRE E- I I ARIMER COUNTY HEALTH AUTHORITY APPROVAL: BY THE LART.ER ODOM HEALTH AUTHDRM 11115 DAT OF 2016 ALL CONSTRICTION ON 11115 SUBMISION, OR ANY LOT THERRE INCLUDING ME OEVELGENENT or DOMESTIC viATER. ARC THE PRONAVON OF 5E0001 TREATMENT. SHALL. BE DONE OA A MANNER 1D004 SILL MEET ALL OF RE REDUREMONS Of THE COLORADO DEPARTMENT OE HEALTH, ARO THE LAMA. Comer PUBLIC REALM DEPARTMENT, 4140 THE °EMIRS AuTHORTZEO TO ENFORCE SURE REGENWNENES. NOTARY PUBLIC tA' 41017053 7.01' FOUND Ba Et5. P1.e.LR won usnc CUP .rt STAMPED Thou 88 LUL 0.51 AC A RE E-1 8 7TA 027 DEED FoLLows SACK OF WAR NtD.. 8/ ;SCSI EDOE AND AccEss EASEMENT To BE D(DEATED 110 OF COUNTY Or ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016 By JANES CALMAR AND SALLY GRUBAR, OWNERS OF PARCELS WRIER COMET 11.1.13/1 AUTHORM 33 52 60 LOT 2 MARI) OF 7/DUSTERS' t:R.RwrrerR. APPROVED ARO ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COL.:WAX. By A RESOL51IO0 ADOPTED ON THIS ___ DAY OF _ 20___. 1411,54011/ 7.2e0 0.59 ACRE (59428.237 259.040 (5165610 261-7') E_1 - • - NORTH EDGE Or 450110 ANO ACCE EASEMO R 514 BE CEDCATED 50050. 94 KW( 4117 SIT T55 Ain( $t NTNESS MY HAND my 0p700AL SEAL. MY COMMISSION EMPIRES FOLWO 44 ROAR OW 01.109070 CAP Mee. veres5 .0001 FOU iLLE"EITETTME,..... (07M2', 74 42: RUSTIC CAP cow 11 4 RESIN. WrDi PUISTiC CAP STAAIPEO 25974 TOWN CLLR( MAYOR ORIGINAL PARCEL 6 0.30 ACRE E-1 LEGEND NOTARY PUBUC TOWN EN,INEER'S CERTIFICATE,: APPROVED BY THE TOWN ENGINEER Or ESTES PART THIS COY OE O FOUND MONuMENTATION AS NOTED • SET 14 REBAR WITH PLASTIC CAP 06974 ALIQUOT MONUNIENTATiON 00.00 MEASURED OR CALCULATED DIMENSIONS (00.00) PLATTED OR DEEDED DIMENSIONS N CONORED ommt RICHARD PRENDERGAST 04ARCA. PRENDERGAST STATE OF couNT5 OF THE FOREGOING iNsTRumENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016 BY POLLARD PRENDERGAST AND MARCIA PRENDERGAST, OWNERS CC PARCELS 2-4 AND 6. 6 TOWN ENGINEER 100.0 14 KARR wITH POST) CAP STAMPED 29974 60010 1/2' REBAR WM re CAD BEARS NlowiLrE 4 52' FROM ACCEPTED CORR& (14 Rump *TR 51E10LI PLASTIC CAP) N119,40314 101 78' (EAST 1081') 1189.4.130 051.45' Poo 14 REBER g§ 4 $0 VAX ROAD RIGA-OF-WAY AS 04105 FROM TNE Or MOUNT sew Pow (1916). NOTE, THE PLAT SNOWS TIE OUISOE AND INSIDE BM OF THE R-O-A AS A CURVE AMR MO CURVE RSORMATTON THE SUMEY ocemENT F071.0 pi ME FTIO noKATIS m AS A 510/041 511F/CORNER, NATH No CANT FITNESS my HAND AND OFFICIAL SEAL MY 0C404155I0N EXPIRES 5071014EST CORNER MT. NEW PARA Ste. 14 REBAR MTH NO PLASTIC CAP NOTARY PuBL101 VICINITY MAP SCALE 1"=200' REpNESENICnvE. THE mARMONT FOUNDATION PURVEYOR'S NOTES: €.95 OF BEARDES FOR THE SURVEY E THE WEST LIVE OF THE SW X OF THE NW ./S OF SECTION 24. TOWNSHIP 5 NoRDL RANGE 7344 OF THE 6tH PM_ ENE SECTION UNE IS AlSO TIE WESTERLY BOUNDARY OF MOUNT vev, SLECRASON. SAID LINE BEING MONUMENTED ON THE NORTH END BY A BRASS CAPPED 0.401401400 STAMPED TOWN OF (sits PARK NW 0100 MV AND ON THE 500111 ENO BY A fa REBAR 04711 NO CAR. ALL BF-ARRAS SHOWN ON THS PLAT ARE RELAID/E TO THE ASSUMPTION $581 THIS LINE BEARS NORM 01XE00- EAST - AS SHOWN ON THE PLAT Or AIDLP47 140W PARK. 2. BURIED UTILITIES ARE NOT LOCATED ON THIS IMPROVEMENT SURVEY PLAT, ONLY VISIBLE SURFACE UTIUTIES ARE SHOWN, 3. POSTED ADDRESS OF PROPERTIES ARE 753 AND Big BIG HORN DRIVE. ESTES PARK, COLORADO 80517, 4. ALL LOTS INVOLVED IN THIS MA ARE ZONED E-I AND WILL REIENN E-I UPON APPROVAL OF THE BLA. 5. THE TITLE COMMITMENTS usED OR THE SUBJECT PROPERTIES ARE ROCKY MOUNTAIN ESCROW & TITLE. INC. FILE NO. 970696-16 (DATED MARCH 04, 2016) AND FIDELOY NATIONAL TITLE COMPANY EKE NO 000-F04681 122-382 -Dp. 5130-F0468124-382-DE. 580-F0468125-382-DF, 5130-10460117-352-0F, ALL DATED OCTOBER 31, 2013. 6. THE ABOVE LISTED TITLE C00,40,40DENTS. MOUNT NEW SuBDAASION PLAT OF RECORD (DATED 1910). BOUNDARY SURVEY OF LOT 10. MOLINTAIN VIEW PARK 551 0474909 AND THREE WEIS 4040 BOUNDS (PROJECT NO. 96-7-4. DATED SEPTEMBER 26. 1996) AND IMPROVEMENT SURVEY PAT Of THE KINGSTONE PROPERTIES (RECEPTION NO. 2014000565e. DATED FEBRUAAY 3, 2014) WERE THE ONLY SOURCES USED OR LOT LINE DETERMINATION AND EASEMENT RESEARCH. No HITHER RESEARCH WAS PERFORMED BY VAN HORN ENGINEERING 2. OVERHEAD UTILITIES WERE NOT FORMALLY ADDRESSED SY TIRE COMMITMENT EXCEPTION HMS. PRESCRIPTIVE RIGHTS MAY APPLY. I. PRIOR TO DEVELOPMENT OF LOT 1, PRENDERGAST RESUBDNISION A SEWER MAN PER ESTES PARK SANITATION DISTRICT STANDARDS MUST BE EXTENDED FROM THE. MAN SOUTHEAST OF THE PROPERTY TO THE SOUTHERN UNE OF LOT B. LOT TO. MOUNT VIEW PARK SELBDNISTON SHALL BE VACATED FROM THE 1401047 VIEW PARK SuBDWISION PLAT (DATED 1910). 10. ACCORDiNG TO COLORA00 LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON 0.10 DEFECT 111 THE SURVEY ATOM THREE YEARS OF THE DATE YOU FIRST DISCOVER SIAN DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM DE CERTIFICATION DATE SHOWN HEREON. STATE OE AS COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE NE THIS ___ DAY OF REPRESENTATVE FOR THE HARMONY EXINDATION. FITNESS 047 HAND AND 0FT100L SEAL. MY commISSION ExPIRES_________ MACGREGOR RANCH NOTARY PUBuC NOTICE OF APPROVAL APPROVAL OF THIS PLY. CREATES A BESTED PRoPERN 00)11 Keeler, TO ARTICLE ea OF (ME 24, CR.S. AS AMENDED. MACGREGOR RANCH CROWN BY, CAI. CHECKED By LAO SCALE 1" = 30' DATE. 09-30-16 SHEET PROJECT ENGINEER; CELINE M. LEBEAu 04,14 HORN ENGINEERING AND SUM/EYING, INC. 1043 ESH CREEK ROAD ESTES PARK, CO 80517 PROPERTY OWNERS (WEST SIDE OF DRIVEL.' ROBERT R. LICORICE AND ELLEN MARSHALL. RALPH J. AND 14.097 ANN MCBRIDE, mARSELA AND RICHARD PRENDERGAST, AND JAMES AHD SALLY GRUBAS 7019 GATERIDGE DRIVE DALLAS. Tx 75254 1 OF PROPERTY OWNERS (EAST SIDE OF DRIVE). T41 HARMONY FOUNDATION INC PO Ka 17413 BOULDER. CO 80308 1 1011 NO. 2015-12-02