HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2019-06-04
Prepared: May 29, 2019
AGENDA
ESTES VALLEY BOARD OF ADJUSTMENT
Tuesday, June 4, 2019
9:00 a.m. – Board Room Town Hall
1. OPEN MEETING
2. AGENDA APPROVAL
3. PUBLIC COMMENT
The Estes Valley Board of Adjustment will accept public comments regarding items not on the
agenda. Comments should not exceed three minutes.
4. CONSENT AGENDA
Approval of minutes dated February 5, 2019
Approval of minutes dated March 5, 2019
Approval of minutes dated May 15, 2019
5. VARIANCE REQUEST: 421 Ridge View Lane owner: Mark/Karen Guenther
Variance to EVDC Section 4.3.C, Table 4-2, front setback of 15 feet Planner II Hathawy
6. APPEAL OF LARIMER COUNTY DISTRICT COURT ORDER REGARDING CRCP 106
COMPLAINT (MAY 1, 2019)
Evangelical Lutheran Good Samaritan Society, et al. vs. Estes Valley Board of Adjustment and
Yakutat Land Corporation, Case No. 18 CV 31067 concerning the Mountain Coaster project
7. ADJOURN
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
February 5, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete
Smith, John Lynch
Attending: Members Poggenpohl, Smith, Lynch
Also Attending: Senior Planner Jeff Woeber, Planner I Robin Becker, Recording
Secretary Karin Swanlund
Absent: Moreau, Newsom
Chair Poggenpohl called the meeting to order at 9:00 a.m. There were 3 people in
attendance. He introduced the Board Members and staff.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Lynch) to amend the agenda to fulfill the bylaw
requirements to elect annual officers. The motion passed 3-0.
Chair Poggenpohl stated that alternating the President between Town and County is no
longer required due to the most recent IGA. He also recommended that an alternate be
appointed in case of tie votes in a quarum of four. He volunteered to remain Chair one
more year. He also noted that Pete Smith will be leaving the board at the end of his term
in April.
Lynch made a motion to nominate Poggenpohl for Board Chair and Moreau for Vice
Chair, Smith seconded. The motion passed 3-0
2. CONSENT AGENDA
Approval of minutes dated December 4, 2018
It was moved and seconded (Smith/Lynch) to approve the minutes for December 4,
2018 as presented and the motion passed 3-0.
3. 1545 Hummingbird Drive, Donald and Kathy Townsend, owners
Planner Woeber requested continuance of this item to the March 5 Board of Adjustment
Meeting.
4. 1711 Mills Lane, Jay Vetter, owner
Planner Becker reviewed the variance request, which would allow one 2’ side setback and
one 13’ side setback in lieu of the 15’ required setbacks in the A-1 Accommodations zone
district allowing the two existing structures to remain. The owner was aware of the
nonconformity at the time of purchase but unaware this would cause a problem securing
an “as built” permit to satisfy the Vacation Home Life Safety inspection required by
Larimer County. Staff recommended approval of the variance.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
November 6, 2018
Board Questions:
Poggenpohl requested that the March meeting include an explanation of the difference
between Vacation Homes and Bed and Breakfasts and what the Life Safety Survey
entails.
Applicant Remarks: Jay Vetter explained his vacation home and property situation to
the board.
It was noted that the lot size is 0.42 acres and A1 zoning is a one acre minimum. There
are numerous lots with similar lot sizes on Mills Drive.
It was moved and seconded (Smith/Lynch) to approve the requested variance with
findings and conclusions as outlined in the staff report. The motion passed 3-0.
There being no other business before the Board, the meeting adjourned at 9:25 a.m.
___________________________________
Rex Poggenpohl, Chair
__________________________________
Karin Swanlund, Recording Secretary
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
March 5, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith,
John Lynch
Attending: Members Poggenpohl, Lynch, Moreau, Newsom
Also Attend ing: Director Hunt, Senior Planner Woeber, Code Compliance Officer Hardin,
Recording Secretary Karin Swanlund
Absent: Smith
Chair Poggenpohl called the meeting to order at 9:00 a.m. He introduced the Board Members
and staff.
1. AGENDA APPROVAL
Chair Poggenpohl requested two additional discussion items be added to the agenda.
It was moved and seconded (Poggenpohl/Newsom) to approve the updated agenda.
The motion passed 4-0.
2. CONSENT AGENDA
Approval of minutes dated February 5, 2019
There was not a quorum to approve the minutes for February 5, 2019. Approval will take
place at the next meeting.
3. REQUEST OF RECONSIDERATION OF OFFICER ELECTIONS
Vice Chair Moreau questioned last month’s election of officers and not changing the Chair and
Vice Chair or alternating between town/county members. He also stated he would prefer all board
members be present when deciding elections. Newsom agreed with Moreau. Director Hunt noted
that it is no longer an IGA requirement to rotate. Member Smith has announced that he will not be
reapplying when his term is up in May.
It was moved and seconded (Moreau/Lynch) to reconsider the February election of officers.
The motion passed 4-0.
It was moved and seconded (Newsom/Moreau) to elect Jeff Moreau Chair and John Lynch
Vice Chair. The motion passed 4-0.
4. 1545 HUMMINGBIRD DRIVE, Donald and Kathy Townsend, owners
Planner Woeber reviewed the variance request. The applicant applied for approval of a side
setback of 31 feet it lieu of the 50-foot minimum required for the RE, Rural Estate Zoning District
along the eastern property line. The request is to accommodate an addition to the existing
residence. Staff recommended approval of the request.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
March 5, 2019
Commissioner Comments:
The single complaint came from the neighbor on the south, who owns a large property. The
subject property is heavily wooded, as are neighboring properties thus the addition will not be
visible. Questions were raised about the garage variance that was given to this property in 2015.
Director Hunt stated other more permanent solutions could be addressed for the nonconforming
lot, not requiring another variance. Approving the variance as applied for puts a new setback line
parallel to the property boundary so no future additions would be constrained.
It was moved and seconded (Lynch/Newsom) to approve the requested setback. The
motion passed 4-0.
5. Discussion on having an alternate board member
State statutes encourage having an alternate member, and having a minimum of four votes for
decisions. An alternate would make things more convenient and help when there is a shortage of
members available for a meeting. Hunt stated that having an alternate was removed from the IGA
years ago for reasons unknown.
It was moved and seconded (Poggenpohl/Newsom) to request appointment of two alternates
to the Board of Adjustment, one for Town and One for County. The motion passed 4-0.
6. Discussion on Zoning and Lot Conformity
Poggenpohl questioned if there is any way for the Board of Adjustment to give staff the authority to
approve setback variance requests that fall within a certain percentage of lot size per required
zoning size. Staff decisions would make it easier, cheaper, and less time consuming. Would
Public Notices be adequate transparency for this process? Hunt suggested having a hearing
officer hear certain types of variances, charging less for the application fee, still requiring a public
hearing but not in front of the board.
It was moved and seconded (Poggenpohl/Lynch) to request that staff investigate and come
up with alternatives and recommendations for simplifying certain variance requests and
conforming lot size proceedings over and above what we are experiencing now. The
motion passed 4-0.
7. REPORTS:
A) Code Compliance Officer Hardin explained the differences between Vacation Homes and Bed
and Breakfast properties. B & B rentals are not currently required to have a Life Safety Survey
however they are subject to the Code Compliance inspection. There is no cap on B & B’s.
B) Director Hunt reviewed the current IGA for the Town and County, noting that there is
discussion on not renewing it when it ends in February 2020. The Board of Adjustment is part
of this decision process and comments are welcome.
C) Discussion was had regarding the current state of the building department, hiring a new Chief
Building Official, and where the department is going in the future.
There being no other business before the Board, the meeting adjourned at 10:15 a.m.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
March 5, 2019
___________________________________
Jeff Moreau, Chair
___________________________________
Karin Swanlund, Recording Secretary
RECORD OF PROCEEDINGS
Special Meeting: Estes Valley Board of Adjustment
May 15, 2019, 2:00 p.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair John Lynch, Wayne Newsom, Rex Poggenpohl,
Pete Smith,
Attending: Members Moreau, Newsom, Poggenpohl
Also Attending: Director Hunt, Town Attorney Greg White, County Attorney Jeannine Haag,
Deputy County Attorney Bill Ressue, Recording Secretary Karin Swanlund
Absent: Smith, Lynch
Chair Moreau called the meeting to order at 2:00 p.m. He introduced the Board Members and
staff.
1. PUBLIC COMMENT
Rebecca Urquhart, 1955 Homestead Lane, objected to the Board going into Executive Session.
The recent court decisions regarding the Mountain Coaster are still in the appellate period, the
Board of Adjustment is still in a quasi-judicial stance, the Town and County are parties to the
litigation therefore any commuication regarding the legal status of those appeals should be dealt
with in an open hearing after notice and public comment. If there is a discussion of matters under
litigation, it is her opinion that when this matter comes back to the Board, there wil be grounds for
an appeal of the next hearing resulting in a third Board of Adjustment consideration. She
recommended postponement and that it be made part of a public hearing.
Poggenpohl asked if there was any other people invited to the Executive Session, to which
Attorney White replied no, in the opinion of the Attorneys, it was perfectly acceptable to have
discussion on the matter at hand.
2. REQUEST TO ENTER EXECUTIVE SESSION
It was moved and seconded (Moreau/Poggenpohl) to enter executive session for a
conference with the Board’s Attorneys for the purpose of receiving legal advice of specific
legal questions under C.R.S Section 24-6-402(4)(b). The motion passed 3-0.
Whereupon Chair Moreau adjourned the meeting at 2:05 p.m. to enter into Executive
Session.
Whereupon Chair Moreau adjourned the executive session and reentered open session at
3:00 p.m.
County Attorney Haag noted the wishes of the Board to have a public hearing regarding the
subject matter, thus having an additional meeting in the near future.
It was moved and seconded (Moreau/Newsom) to continue the meeting subject to a public
hearing, requesting staff find a date before the end of the month if possible. The motion
passed 3-0.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
March 5, 2019
There being no other business before the Board, the meeting adjourned at 3:07 p.m.
___________________________________
Jeff Moreau, Chair
___________________________________
Karin Swanlund, Recording Secretary
ESTES VALLEY BOARD OF ADJUSTMENT
MEETING DATE & LOCATION: Tuesday, June 4, 2019; 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 Table 4-2 Base Density and Dimensional Standards Residential Zoning
Districts, to permit a 5-foot front setback in lieu of a 15-foot front setback as required by the E
(Estate) residential zoning district.
The purpose of the variance request is to accommodate access to the main structure from the
garage and parking area, connect the lower and upper walkway, and add decking to square
current deck limits.
Staff recommends approval of this request.
LOCATION: 421 Ridge View Lane, Estes Park, CO 80517 (Town)
VICINITY MAP: See attachment #1
APPLICANT/OWNER: Karen Sparks Guenther/ Mark Guenther
STAFF CONTACT: Brittany Hathaway, Planner II
PROJECT DESCRIPTION:
The property is located in the E (Estate) zoning district, which requires a 15-foot front setback.
The home is currently served by an elevated deck/walk that extends 7.3 feet into the public right-
of-way, outside of the existing lot line.
The proposed improvements would include removal of the existing deck/walk and replacement
with a modified deck for access, located wholly within their lot limits that would more closely
conform to setbacks than the current structure.
The proposed deck is bi-level for access to both the lower and upper entrances from the garage
and parking area and is projected to encroach up to 10 feet into the 15-foot front setback.
REFERRAL AND PUBLIC COMMENTS:
Public Notice. Written notice has been mailed to properties in accordance with EVDC §3.15
General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the
application is posted on the Town’s “Current Applications” webpage. The applicant has also
posted a “Development Proposal under Review” sign on the property.
Affected Agencies. This request has been routed to reviewing agency staff for review and
comment. No comments or concerns were received by reviewing agency staff.
421 Ridge View Lane – Front Setback Variance
Estes Park Community Development Department, Planning Division
Room 210, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
421 Ridge View Ln – Setback Variance
June 4, 2019
Page 2 of 4
Public Comments. Staff has received no public comment on this request.
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.
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:
Significant circumstances and conditions exist due to topographic conditions and access
to the property. The home is located on a steep slope with approximately 8 to 10 feet of
drop in existing grade at the main entrance. An elevated deck is required for primary
access to the structure resulting in a practical difficulty.
The applicant is proposing to remove an existing deck/walk that encroaches into a public
right-of-way and over the property line and replace with a more conforming deck that will
connect to the existing garage and parking area.
The proposal does not impair the intent and purposes of the EVDC or the Comprehensive
Plan as it is harmoneous with common land uses and maintains property utilization.
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:
Without the variance, there can be marginal beneficial use of the property with its current
configuration. The home is located on a steep slope that requires locating a structure
within the setback to allow for access to both the upper and lower level safely.
b) Whether the variance is substantial;
Staff Finding: The requested variance is substantial with a request of a reduction in the
front setback from 15 feet to 5 feet. However, the request allows for the removal of an
existing structure that is even less conforming and will pull back deck and railings
approximately 12 feet from the existing encroachment condition.
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 area would not be substantially altered, and the adjoining properties
would not suffer a detriment (no impact to drainage, migration corridors, etc).
421 Ridge View Ln – Setback Variance
June 4, 2019
Page 3 of 4
d) Whether the variance would adversely affect the delivery of public services such as water
and sewer.
Staff Finding:
The variance would not adversely affect the delivery of public services such as water and
sewer. This project has been routed to affected agencies and no concerns were
expressed.
e) Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding:
The applicant purchased the property in its current configuration.
f) Whether the Applicant's predicament can be mitigated through some method other than a
variance.
Staff Finding:
Due to the location of the existing garage and parking area, the applicant’s predicament
cannot be mitigated through another method other than a variance. Any walkway from the
parking area that may allow for elevated access to the primary structure would encroach
into the front setback.
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 circumstance is not general or reoccurring. It is specific to this property due to
topographic and access restrictions.
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.
5) If authorized, a variance shall represent the least deviation from the regulations that will afford
relief.
Staff Finding:
The setback variance as requested would be the least deviation from regulations that
would allow for the proposed deck access addition.
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.
Staff Finding:
The variance does not propose a non-permitted or prohibited use.
421 Ridge View Ln – Setback Variance
June 4, 2019
Page 4 of 4
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 be placed on this approval.
STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance.
SUGGESTED MOTIONS:
I move to APPROVE the requested variance with findings and conclusions as outlined within the
staff report.
I move to DENY the requested variance with the following findings (state reason/findings for
denial).
ATTACHMENTS:
1. Vicinity Map
2. Site Plan
3. Statement of Intent
4. Application
5. Sign Posting and Site Photos
276
405
409
461
421
421
450
401 401
401
RIDGEVIEWLNRIDGE VIEW LNThis draft document was prepared for internal use by the
Town of Estes Park, CO. The Town makes no claim as to
the accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that you
do not post this document on the internet or otherwise
make it available to persons unknown to you.
01020
Feet
1 in = 33 ft±Town of Estes Park
Community Development
421 Ridge View Ln
Printed: 4/16/2019
Created By: Brittany Hathaway
SubmittalDate:LotS[zei...oAc-RE5ExistingLandUse____________ProposedLandUse___________ExistingWaterServiceTownProposedWaterServiceXTownExistingSanitarySewerServiceProposedSanitarySewerServiceExistingGasServicer5(Xcel________SiteAccess(ifnotonpublicstreet)Aretherewetlandsonthesite?NameofPrimaryContactPersonCompleteMailingAddressPrimaryContactPersonisFOther(Specify)FOther(Specify)EPSDFUTSDEPSDrUTSDOtherNoneESTESVALLEYBOARDOFADJUSTMENTAPPLICATIONRecordOwner(s):*,AR.eN‘AfKSC?tp42.zP,LDSS1ftEWStreetAddressofLot:LegalDescription:Lot:S“9’Subdivision:RoCVSParcellO#:Block:______________Tract;ESTATESSiteInformationVeS&A-t4Zoningt:.FWellrWellIXSepticSepticFYesNoVarianceVarianceDesired(DevelopmentCodeSection4):cY’cc’sf0s.*PrimaryContactInformationrcGUEr4rAcfteo.c,cj2-JEste-iPa&,(LoSo€i7FOwnerKApplicantFConsultant/EngineeriMJ39iThNi1LFApplicationfee(seeattachedfeeschedule)FStatementofintentfthoEVF3-10-3-F1copy(folded)ofsiteplan(drawnaascaleof1”20)F1reducedcopyofthesiteplan(11X17)FDigitalcopiesofplats/plansinTIFForPDFformatemailedtoplanning@estes.organdPlannerThesiteplanshallincludeinformationinEstesValleyDevelopmentCodeAppendixB,VIl.5(attached).Theapplicantwillberequiredtoprovideadditionalcopiesofthesiteplanafterstaffreview(seetheattachedBoardofAdjustmentvarianceapplicationschedule).Copiesmustbefolded.rflnflriflTownofEstesPark-P.O.Box1200d.170MacGregorAvAnüe.EstesPark.9\!/LCommunityDevelopmentDepartmentPhone:(970)577-3721eFax:(970)586-0249.www.est14uommurinyuevesopmT*R14COMMUNITYDEVELOPMENTRevised2017.01.09KY
IN6OLOLLOPeSIAOdidUAi.INflWO3LUELLSOLÔ,k±eJ3dOeJdSIHINWM]IA]èId3GNfllVSOdOddIN]V’idO13ABGeituqnsjoatrnj°qiieónpaijijy6un!JMU!apewaqisnwspunjaiiajsisanbaiivSwiojbuUUCid/UJOSOTSUP\Mleau!luoanpaqasaajoqiM8!AJOiojoeduoqBD!IddC.inoAuP0Pfli3Uonpaqosaolaqi005svwqUMO].ap!sinopueap!sU!qioq‘easy6uiuueldLaneAsawjOLfiuiquMsuO!leD!IddeaueueaJOdS333NOI.LV3IlddV
OWNER&APPLICANTCERTIFICATIONAsOwner,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandIamtherecordowneroftheproperty.AsApplicant,IherebycertifythattheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandthatinfilingtheapplicationIamactingwiththeknowledgeandconsentoftheownersoftheproperty.Insubmittingtheapplicationmaterialsandsigningthisapplicationagreement,IacknowledgeandagreethattheapplicationissubjecttotheapplicableprocessingandpublichearingrequirementssetforthintheEstesValleyDevelopmentCode(EVDC).PIacknowledgethatIhaveobtainedorhaveaccesstotheEVOC,andthat,priortofilingthisapplication,Ihavehadtheopportunitytoconsulttherelevantprovisionsgoverningtheprocessingofanddecisionontheapplication.TheEstesValleyDevelopmentCodeisavailableonlineat:https://www.municode.com/library/CO/estes_valley/codes/development_codePIunderstandthatacceptanceofthisapplicationbytheTownofEstesParkforfilingandreceiptoftheapplicationfeebytheTowndoesnotnecessarilymeanthattheapplicationiscompleteundertheapplicablerequirementsoftheEVDC,PIunderstandthatthisvariancerequestmaybedelayedinprocessingbyamonthormoreiftheinformationprovidedisincomplete,inaccurate,orsubmittedafterthedeadlinedate.PIunderstandthataresubmittalfeemaybechargedifmyapplicationisincomplete.PTheCommunityDevelopmentDepartmentwillnotifytheapplicantinwritingofthedateonwhichtheapplicationisdeterminedtobecomplete.IgrantpermissionforTownofEstesParkEmployeesandMembersoftheBoardofAdjustmentwithproperidentificationaccesstomypropertyduringthereviewofthisapplication.IacknowledgethatIhavereceivedtheEstesValleyBoardofAdjustmentVarianceApplicationScheduleandthatfailuretomeetthedeadlinesshownonsaidscheduleshallresultinmyapplicationortheapprovalofmyapplicationbecomingnullandvoid.Iunderstandthatfullfeeswillbechargedfortheresubmittalofanapplicationthathasbecomenullandvoid.PIunderstandthatIamrequiredtoobtaina“DevelopmentProposalUnderReview”signfromtheCommunityDevelopmentDepartmentandthatthissignmustbepostedonmypropertywhereitisclearlyvisiblefromtheroad.Iunderstandthatthecornersofmypropertyandtheproposedbuilding/structurecornersmustbeheldstaked.Iunderstandthatthesignmustbepostedandthestakingcompletednolaterthanten(10)businessdayspriortotheEstesValleyBoardofAdjustmenthearing.IunderstandthatiftheBoardofAdjustmentapprovesmyrequest,“Failureofanapplicanttoapplyforabuildingpermitandcommenceconstructionoractionwithregardtothevarianceapprovalwithinone(1)yearofreceivingapprovalofthevariancemayautomaticallyrenderthedecisionoftheBOAnullandvoid.”(EstesValleyDevelopmentCodeSection3.6.D)Names:RecordOwnerPLEASEPRINT:?RR<sC1LLeNTHEQApplicantPLEASEPRINT:fV.11Rc<61.,tLt,sifFc_.Signatures:Ownerc,t1’)IJJLDateAPPlican/?/1’/’f4-r(.Date4/,Z?C/Revised201701.ogKT
421 Ridge View Lane – Front Setback Variance – Site Photos