HomeMy WebLinkAboutMINUTES Board of Adjustment 2020-09-01
Town of Estes Park, Larimer County, Colorado, September 1, 2020
Minutes of a Regular meeting of the ESTES PARK BOARD OF
ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado.
Meeting held virtually in said Town of Estes Park on the 01 day of September
2020.
Committee: Chair Jeff Moreau, Vice-Chair, Wayne Newsom, Board
Member Joe Holtzman
Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman,
Community Development Director Randy Hunt, Planner II
Alex Bergeron, Recording Secretary Karin Swanlund, Town
Board Liaison Barbara MacApline
Absent: none
Chair Moreau called the meeting to order at 9:04 a.m.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Moreau) to approve the agenda. The motion
passed 2-0. Holtzman was unavailable.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The
motion passed 2-0 with Moreau abstaining.
VARIANCE REQUEST, 113 E Elkhorn Avenue.
Planner Bergeron reviewed the request that the BOA grant a variance to the minimum
setback required on the parcel's west property line to allow a zero-foot setback. A zero-
foot setback would not be functionally realized if a portion of the building continues to
extend beyond the property line. If the variance is approved, it is proposed that an
addition to the building be built along the property line to house a taproom.
This addition is also dependent on ROW vacation because the ROW encroachment
effectively prohibits modification of the building. Section 12.08.040 of the Municipal
Code requires that if any existing building obstructing the street/sidewalk is "remodeled
or materially altered," obstructions shall be removed. Town staff and the applicants have
discussed the ROW vacation, and at this time, there are no apparent reasons why the
small section of ROW cannot be vacated. The final vacation decision rests with the
Town Board.
Board of Adjustment, September 1, 2020 – Page 2
Staff proposed that as a condition of ROW vacation, any development plan approval for
a modification to the building (or building permit issuance if no development plan is
required), including the proposed Lumpy Ridge Taproom, must be contingent on the
installation of curb and gutter on the lot's Big Horn Drive frontage, where none exists
now.
Discussion:
In response to questions asked by the Board, David Bangs, Trail Ridge Engineering,
noted that the two property line pins had been located. There was a development
proposal sign posted, but it disappeared at some point in time.
Ernie Petrocine/Town Resident, stated that the three easement lines on the site plan are
misleading and that the easement is not recorded. Access should not be blocked to the
platted alley. He stated that he is satisfied with the findings and is not against the variance
being requested.
Director Hunt asked for confirmation that there was a survey document with a seal and
signature. David Bangs confirmed the existence of a recorded amended plat for Lot 16A
and an improvement survey for the lot to the north. Both are noted on the site plan.
Director Hunt asked that they be presented with the final submittal.
Chair Moreau asked how long the encroachment has been there. Planner Bergeron
answered that the building is 100 years old and he could not locate any documents
explaining why this situation exists, stating that some mistake was made at some point.
Vice-Chair Newsom commented that this variance is not going to change the
neighborhood, the neighbor to the north is okay with it and new curb and gutter will be
advantageous.
It was moved and seconded (Newsom/Holtzman) to APPROVE the variance request,
with the condition of a ROW vacation by the Town Board of Trustees, in accordance with
the findings as presented. The motion passed 3-0.
REPORTS
There is one item on the agenda for the October 6 meeting.
There being no further business, Chair Moreau adjourned the meeting at 9:48 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary