HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2002-07-02BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
July 2, 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, Sager and Newsom
Also Attending: Director Joseph, Planner Chilcott and Recording Secretary
Williamson
Absent:None
Chair Ball 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.
The minutes of the June 4, 2002 meeting were accepted as presented.
2 LOT 3 FORT MORGAN COLONY ADDITION, 653 N. MQRGAN STR^^^,LJ,
7nninn Districts” of the Estes Valley Development Code. Specifically, this
St ‘he "St^aS Ssetback to allow the existing house to remain eight (8) feet from tne sioe loi iThfappllcant applied for -d w-iss-d a build.ng ^™^^
expand the existing house in December aOOl.^Thesitepian^s^^^^^^^ since the
permit showed the expansion located pattern side setback line staff
nrnnosed exoansion was shown abutting the eastern sio uoerail
toThf«"hmoeus°ris subSaiiy tht hou'se?Xl
new addition. Prior to construct o WOuid have resuited in practicai
conditions relative to the area or build 9 reauest has been submitted
difficulty in complying with the Code a'a>^dards. This request ha® were
to all applicable reviewing agency staff and no issues
expressed.
Board Member Newsom asked if it is oumforthe bu^ hepadment to
inspect the foundations before bui ding , f . it • standard practice for the required setbacks. Building Of'“a™rhowev^^ when the
a laaneddsuXCS Ihe fo'unSon is within the setback. A land surveyor set
the pins for the property in question.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
July 2,2002 Page 2
Applicant, Jerry Miller, 653 North Morgan, owner of subject property, was present
to answer questions from the Board. He stated that he is an architect and
designed the addition to his house. During the design phase it was his
understanding that the majority of the addition was 12 feet from the setback. The
property was surveyed by Hascall Surveys, Inc. 2 or 3 years ago and between
the design and building phase the property lines had shifted. He also stated that
the total area of encroachment is 4.2 square feet.
Member Barker asked for clarification regarding whether or not the original
property lines were set by a surveyor. Applicant stated the property lines were
set by a surveyor using CAD files. Mr. Miller had a former employee set the
stakes for the addition to his home using the original CAD file Prov,d®d ^l^scaH
Surveys. The former employee misread the CAD file and set the stakes
incorrectly.
Member Sager asked what the ramification would be if there was a ctlan9® "Ju®®
for the screened porch area. Applicant stated that it is a question of habitable
howeverTdoe's affecUhe character of theesSpace*andthe tfe^^bnorhood. SBuild!ng
Official Horgen stated that a change in use would require a building perm .
character of the neighborhood.
Member Barker stated he does not ®
support this motion due to an errar mad y pra (he fessiona| who
rdere^doVs^bl^^^^^^^^^
made by professional surveyors.
It was moved and seconded (Sa9e.r,New®°'!jJ° ^an™^edten(10)foot
request to allow for a two (2) foot ™nan‘'® remain eight (8) feet from
side yard setback, to allow th®ex,st,n9^7®f*X foUoWdng conditions,
the side lot line and the. motion PasrS®dn.w",;0'Those voting no:
TB^rrvlri^ncesr«
- - —iS
9ran 1 • Compliance with the submitted plahs. .. jth this variance
inspecfion.
Member Newsom stated this '® th® s®rj0"ons!ierenot acceptingt0sijrveys from
cXll'sTnd inSi suw^yors that consistently perform inaccurate surveys.
amf,loUssue?nottoafix1nistekS<rnadefby^rafe5ional su^eyors. He feels the
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
July 2,2002 Page 3
Board should not hear these issues. Member Sager stated the property owner
should not be penalized for the mistakes made by the surveyor.
Director Joseph would like to ask Town Attorney White to look into the case law
history to see what kind of legal precedence there is to granting these variances
after the fact. He feels it is the Board’s duty to make the difficult decision as to
when an error is so grievance that the structure should be ripped out or benign
enough to grant a variance for the encroachment.
Member Sager suggested that a Study Session be held in or<?er^°^i®cuss
issues and problems facing the Board. Director Joseph advised that a Study
Session could be held after next month’s meeting and he would invite Town
Attorney White. Member Barker stated that he would not be attending next
month’s meeting and would like to be apart of the discussions.
Member Lamy stated this is the most complete and well prepared application
presented to the Board in a while. She understands the issue being discussed
bu\ feels that each case is an individual situation. She feels a Study Session
would be helpful.
Member Newsom left the meeting at 9:00 a.m.
Director Joseph advised that he met with Town Attorney Qreg White, County
Attorney Jeannine Haag and County Chief Planner Russ ®^9‘c ®JJtr\yBoarc| 0f
Stated that the Colorado State Statue requires the County Board or
Adjustment approve the use of a super majority. Member Barker feels the Bo
should just let the majority rule.
6. REPORTS
None.
There being no
further business, Chair Ball adjourned the meeting at 9:10 a.m.
Jo^Bart, Chair
Jacqu^lynWiliiamson, Recording Secretary
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