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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2002-01-08BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment January 8,2002, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Attending: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Director Joseph, Chief Building Official Birchfield, Planner Chilcott and Recording Secretary Wheatley Absent:None Chair Barker called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the December 4,2001, meeting were accepted as presented. 2. ELECTION OF OFFICERS It was moved and seconded (Lamy/Sager) that Joe Ball be nominated for Chair and it passed unanimously. It was moved and seconded (Lamy/Newsom) that Ai Sager be nominated for Vice-Chair and it passed unanimously. The Community Development Secretary was appointed as Recording Secretary. 3. PORTION OF LOT 1. BLOCK 10. PILTZ RESUBDIVISION: 214 SPRUCE DRIVE. APPLICANT: KAROL & DENNIS MACK - VARIANCE REQUEST FROM SECTION 4.3. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Chilcott reviewed the staff report. The applicant proposes to expand the existing house, which is nonconforming as to the “RM” Multi-Family Residential zoning district front and side yard setbacks. The lot is undersized for the zoning district. The minimum lot size for the RM zoning district is 40,000 square feet. The size of this lot is 3,055 square feet. The existing one-story house was built in 1909 and is nonconforming as to the 15-foot front yard setback and ten-foot side yard setback. The front of the house is 3.67 feet from the front property line and the east corner of the house is 1.45 feet from the side property line. The original request was for a 10 ft. 9 in. variance from the mandated fifteen-foot front yard setback and an 8 ft. 7 in. variance from the mandated ten-foot side yard setback; however, per staff suggestions, the applicant has revised their proposal to minimize the variance request. Specifically this is now a request for a 6.5-foot variance from the mandated 15-foot front yard setback, to allow the studio addition to be built 8.5 feet from the front lot line. The request also includes an 11-foot variance from the mandated 15-foot front yard setback, to allow the bedroom addition and deck to be built four feet from the front lot line. The request also includes a 6.5-foot variance from the mandated 10-foot side yard setback, to allow the bedroom addition to be built 3.5 feet from the side lot line. Expansion of the house may not substantially alter the essential character of the neighborhood. Adjoining property owners have not contacted staff to comment on this proposal. The variance would not affect the delivery of public services. The applicant purchased the property after the February 1,2000 effective date of BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 8,2002 Page 2 the EVDC and with knowledge of the requirements. The applicant could add a second story to the existing one-story house that conformed to the setbacks. The applicant could also remove the existing deck and construct the bedroom and bathroom in the deck area. This would remove the need for a side yard variance. An approximately 320 square foot expansion of the first floor Is possible within the setbacks in this area; however, it may disturb rock outcroppings in the southern corner of the lot. Paul Saunders was present representing the applicant and answered questions from the Board. He is the designer of the plan. The owners are agreeable to the suggested revisions. They have placed the studio over the existing deck. The separate entry for the extra bedroom is not for the purpose of a rental and when the remodel of the kitchen is completed, that door will be removed. The site plan was not updated; the 1/4 scale drawing is the current proposed plan. Chief Building Official Birchfield advised the revised plan would require no fire resistive construction. The Building Code requires fire resistive construction for single family dwellings that are less than 3 feet to the property line. Board Member Sager complimented the designer on the improvement of the plan to correct an undesirable situation. He commented that the change in bathroom fixtures may require a change in plumbing requirements for water and sewer service. Public Comment: None. Based on the applicant’s revised plan, it was moved and seconded (Sager/Ball) to approve the variance request to allow for construction up to 3.5 feet from the side yard property line and 4 feet and 8.5 feet from the front property line, with the following conditions and it passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 2. A detailed grading and drainage plan shall be submitted with the building permit application. 5. REPORTS Board Member Lamy requested that the Board discuss the letter from Jean Smith, River Spruce Cottages owner. Director Joseph reviewed the background and answered questions from the Board. Ms. Smith is upset that no advance warning of the floodplain regulations were provided at her hearing before the Board of Adjustment. When she applied for her building permit through the County, Ed Woodward, the Larimer County Floodplain Coordinator, required a hydraulic report be performed. Only a professional engineer can provide this information. Routinely, staff submits a copy of the variance application to the County Building Official; however, it apparently does not get routed from there to the Floodplain Coordinator. In the future, staff will forward the request directly to Ed Woodward, County BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 8,2002 Pages Floodplain Coordinator. Staff was instructed to draft a letter to Ms. Smith stating their position. Chair Barker asked Chief Building Official Birchfield about Building Code regulations regarding a change of use. CBO Birchfield advised that the Building Code requires any change of use be reported to and approved by the Building Official because the Code regulations do change with the use of the property, i.e. distance to property line which triggers fire resistive construction. There being no further business, Chair Barker adjourned the meeting at 9:10 a.m. , Chair Meribeth'Wheatley,Recording Secretary