HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2002-06-04BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
June 4, 2002, 8:00 a.m.
Board Room, Estes Park Municipal Building
Board:
Attending:
Chair Joe Ball, Members Jeff Barker, Judy Lamy, Wayne
Newsom and Al Sager
Chair Ball, Members Barker, Lamy, and Newsom
Also Attending: Director Joseph, Planner Shirk, Planner Chilcott and
Recording Secretary Williamson
Absent:Al Sager
Chair Ball called the meeting to order at 8:04 a.m. The following minutes reflect
the order of the agenda and not necessarily the chronological sequence.
1. CONSENT AGENDA
The minutes of the May 7, 2002 meeting were accepted as presented.
2. LOT 6. TEN BROOK RESUBDIVISION. LESS THE SOUTH 67.5 FEET: 350
VIRGINIA DRIVE. APPLICANT: WILLIAM BARLOW - VARIANCE REQUEST
FROM SECTION 6.3.C.2 AND SECTION 4.3. TABLE 4-2 OF THE ESTES
VALLEY DEVELOPMENT CODE
Planner Chilcott reviewed the requested variance. On March 5,2002 the Board
of Adjustment gave conditional approval for a twenty (20) foot variance from the
mandated twenty-five (25) foot front yard setback to aliow for an addition to the
existing house. A condition of approval was that Mr. Barlow would have a
registered surveyor verify compliance with the variance and provide a setback
certificate. Before Mr. Barlow purchased the property he hired England
Surveying to locate the property corners. The initial survey showed the house to
be five (5) feet from the north property line. On April 29, 2002, he again hired
England Surveying. During the second survey it was determined that the house
was three (3) feet nine (9) inches from the north property line. In light of the new
survey information, Mr. Barlow would like to request an additional two (2) feet
from the original variance. He is requesting a twenty-two (22) foot variance from
the mandated twenty-five (25) feet required.
Applicant, Mr. Barlow, 350 Virginia Drive, owner of subject property, was present
to answer questions. Chair Ball stated one of the corner stakes was bent under
the ground and this could have thrown the measurements off. Member Barker is
discouraged with the surveyors coming back with different measurements after
surveying the same property. Engineers and surveyors need to be aware that the
Board relies on these measurements to be accurate when making decisions that
affect the property owners and the community. Member Lamy agrees with
Member Barker’s comments.
Public Comment:
None.
it was moved and seconded (Newsom/Lamy) to approve the variance
request to allow for a twenty-two (22) foot variance from the mandated
twenty-five (25) front yard setback to build an addition to the existing house
three (3) feet from the property line and it passed unanimously, one absent,
with the following conditions. 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.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 4,2002 Page 2
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 shaii verify compliance with the variance and provide a
setback certificate.
3. PARCEL NUMBER 3525121069. NE 1/4 SEC 25 T5N R73W. 221 E.
RIVERSIDE DRIVE. APPLICANT: RICHARD D. SLAYDON & SANDRA
PATTERSON-SLAYDON - VARIANCE REQUEST FROM SECTIONS 7.6.E.3 &
6.3.C.2 OF THE ESTES VALLEY DEVELOPMENT CODE
Chair Bali read into record a letter from George Seifert giving notice that R.J.
Miester wiil act as agent and manager for his property and be his representative
during the Public meeting. Pianner Chilcott reviewed the staff report. The
applicant requests a variance to the setback required per Section 7.6.E.3 “Stream
and River Corridors in the CD Zoning District” and Section 6.3.C.2.
“Alteration/Extension of Nonconforming Structures Limited” of the Estes Valley
Development Code. Specifically, this is a request for a nine (9) foot variance
from the mandated twenty (20) foot river corridor setback to build eleven (11) feet
from the river to expand/remodel the existing building. This inciudes adding a
third floor, adding dormers to the second floor, converting a portion of the second
floor deck into living space (a sunroom), and redesigning the exterior stairs to the
second floor deck. The purpose of this expansion is to convert the first floor into
commercial space and the second floor into a dweiling unit. The existing two-
story house was built in 1940 and is approximately twenty-four (24) feet wide by
thirty-five (35) feet long, with a foot print of approximately 840 square feet. It is
setback approximately eleven (11) feet seven (7) inches from the Big Thompson
River. This building falis within the Big Thompson River flood fringe. Roger
Thorp has discussed this project with Wili Birchfleld, Chief Building Official, and is
aware that the applicant needs to apply for and obtain a flood plain permit. In
addition to a building permit, prior to construction. This is a small, narrow lot that
leaves little room for expansion within the setbacks. The lot size is 0.10 acres
(4,312 square feet) and the lot depth varies from a maximum of 55 feet to a
minimum of 37. With a twenty (20) foot river setback and an eight (8) foot front
yard setback, the building width could vary from nine (9) feet wide to twenty-
seven (27) feet wide
Director Joseph stated that within the CD zoning district the twenty foot (20) river
setback can be reduced to ten (10) feet if there is public access or a store front.
This does not apply to this property; however, it is worth stating that elsewhere in
the CD district we see the reduction of the setback.
Chair Ball stated the power lines are very close to the top of the building
currently. He expressed concern that the power lines might be in the way if the
building is built any taller. Planner Chilcott stated the Light and Power
Department has not expressed a concern. Chair Ball also expressed a concern
regarding the lack of parking. Planner Chilcott stated there 18 n° Pa.rk|[]g
requirement for the CD zoning district. Director Joseph suggested that if the
Light and Power Department determines the power lines need to be relocated,
that it would be done at the property owner’s expense.
R.J. Miester, manages property across the street at E- 220
present to answer questions. He stated he is going to become the property
owner and does not feel that parking will be an issue. He believes there is plenty
of parking nearby.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 4,2002
Public Comment:
None.
Page 3
Based on staffs recommendation and the addition of condition 3 regarding
the power iines, it was moved and seconded (Newsom/Barker) to approve
the variance request to allow for a nine (9) foot variance from the mandated
twenty (20) foot river setback, to expand/remodel the existing building
eieven (11) feet from the river, and it passed unanimousiy, one absent, with
the foliowing conditions. Ail variances granted by the Board of Adjustment
shall become null and void if a Buiiding Permit has not been issued and
paid for, and the work commenced within twelve (12) months from the date
the variance is granted.
1. Compliance with the submitted plans.
2. A registered land surveyor shall verify compliance with this variance
and provide a setback certificate.
3. Light and Power Department will review the location of the power lines
and, if deemed necessary, the lines will be relocated at the owner’s
expense.
4. PARCEL NUMBER 2532305008. WEST QUARTER CORNER SEC 32, EAST
HALF SEC 31. T5N. R72W. 1581 WINDHAM COURT. APPLICANT: DUANE &
SHIRLEY BATCHMAN - VARIANCE REQUEST FROM SECTION 4. TABLE A-
2 OF THE ESTES VALLEY DEVELOPMENT CODE
Planner Shirk reviewed the staff report. The applicant requests a variance to
Table 4-2 Side Setback for the “RE” District of the Estes Valley Development
Code. This is a request for a thirty-nine (39) foot variance from the mandated fifty
(50) foot side yard setback to build eleven (11) feet from the property line.
Specifically, the applicant wishes to build a 640 square foot addition to their
existing one-bedroom house originally built in 1920. The proposed addition
includes a new kitchen and dining area, bedroom, and bath upstairs, with storage
area below. The lot is undersized, .37 acres, for the “RE” zorie, which has a
minimum lot size of 2.5 acres. The applicant purchased the lot in 1989, prior to
the adoption of the EVDC. The side yard setback in place when the applicant
purchased the property was five (5) feet. It is staffs opinion that this situation
could not be mitigated through some method other than a variance.
Applicants, Shirley and Duane Batchman, 1581 Windham Court, owners of
subject property, were present to answer questions. Mr. Batchman stated the lot
is an exceptionally small lot for the zoning district.
Public Comment:
None.
It was moved and seconded (Barker/Lamy) to approve the variance request
to allow for a thirty-nine (39) foot variance from the mandated fifty (50) foot
side yard setback to expand/remodei the existing house eieven (11) feet
from the property line., and it passed unanimously, one absent, with the
foliowing conditions. 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. Prior to pouring foundation, submittal of a setback certificate prepared by a
registered land surveyor.
2. Compliance with the submitted site plan.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 4,2002 Page 4
I
3. New construction shall be consistent in style, materials, and color of
existing cabin. This should be addressed with the building permit
submittal.
4. Compliance with Larimer County Building Department memo dated May
22,2002.
5. A deed restriction limiting the use of both parcels to one single-family
residence shall be recorded prior to final building inspection.
5. PARCEL NUMBER 3527300005. SW 1/4 SEC 27. T5S. R73W; 2331 UPPER
HIGH DRIVE. APPLICANT: WILLIAM & MAXINE PEEBLES - VARIANCE
REQUEST FROM SECTION 4. TABLE 4-2 OF THE ESTES VALLEY
DEVELOPMENT CODE
Planner Shirk reviewed the staff report. The applicant requests a variance to
Table 4-2 Side Yard Setback for the “RE" District of the Estes Valley
Development Code. Specifically, the applicant wished to request a forty-one (41)
foot seven (7) inch variance from the mandated fifty(50) foot front yard setback to
build a detached three car garage eight (8) feet five (5) inches from the front
property line. The lot Is narrow for the zone district, and has a slope ranging from
30-55%. The lot is narrow for the “RE” zone district, which has a
width of 200 feet. The area the applicant wishes to build in has a width of 130
feet In order to satisfy the fifty (50) foot setbacks, the applicant would have to
build the garage either uphill behind the house, requiring additiona excavation
work or down the hill in front of the house, requiring foundation work that would
be visible from a distance. It is staffs opinion these factors combine to create a
special situation.
Director Joseph asked the applicant how confident he is wth the di-oensions he
is reouestinq and if the measurements could be verified by a ProTessio
surveyor. Applicant, Bill Peebles, 2331 Upper High Drive h^wa'ntld f900
property, was present to answer questions. He stated tha .
Public Comment:
None.
,t was moved and seconded
request to allow for a forty-one ( ) b ild a detached three car
mandated fifty(50) foot front yard^ setback to operty ,ine and it
garage eight (8) feet five ( ) jth the fonowing conditions. All
passed unanimously, one a , , t shall become null and void ifvariances granted by the B°ard of ^^n^ the work—"sr.T-sr.i i ~ »
Prior to pouring foundation, submittal of a setback certif.cate prepared by a
registered land surveyor.
I. SaannS :im SerTo^nty Department memo dated May
20, 2002.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 4,2002
6. REPORTS
None.
Page 5
There being no further business, Chair Ball adjourned the meeting at 8:45 a.m.
Joe Ball.jChair
P V I ■ V . . Q-SL c
Jacquelyn Williamson, Recording Secretary