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Home My WebLink AboutMINUTES Estes Valley Board of Adjustment 2004-08-03I RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment August 3, 2004, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Aiso Attending: Absent: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, Cliff Dill, and Alternate Jeff Barker Vice Chair Sager, Members Dill, Levine, and Newsom Director Joseph, Planner Chilcott, Planner Shirk and Recording Secretary Williamson Chair Horton Vice Chair Sager 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 a. The minutes of the July 13, 2004 meeting. 2’ rP.T. 8, PROSPECT VILLAGE. 430 PROSPECT VII I DRIVE APPI IPANIT. LyjS RUIZ - VARIANCE REQUEST FROM PLATTED SFTRAnK AMn qcoth^m a 5bLE 4-5 OF THE ESTES VALt FY DEVEI.OPMFMT gnnpK ANP SECTI°N 4 t^aan^®rfChfllco!t rev|ewed the staff report. The applicant requests a 31 foot variance to a 66 foot wide platted setback to allow a 1,250 square foot (25 by 50 feet) outdoor sealing area to remain 35 feet from the northern Property line and S,!T thlsou'hern bank of ‘he Big Thompson River bank ThfapSISnt alio riMti -StS o three foot variance to the fifteen foot side yard setback in the “CO” iv.Miy III lilts spring or 2004 to delineate a new outdoor qoatinn arOQ rttX“L?d%0q4o a “din9(permit’ but q° irrcom9plire wi^ hi sPSn ia ly ITL SetbAChkS- The proposed addi,i°n not Sn“TebiiS?Sr~^ applidabl^b*uii(^n^permjtn^^I^Q|^ pfa'inlS'^"' W°Uld ne6d ,0 appl^for the use is a permitted9usPe and n^^dK^SeS Tba western3 edge ofaheadeck1asdsHwn !neth0U^d0f°r SeaHn9 is much o'oser than the and is concerned with the proximity of the paHo toihe eBd0gaeonhemr1err.LeVine a9re6S stated *the 'outdoor Sn^r h^h ff-a‘bo Herera. Mr. Herem existed when Mr. Ruiz purchased the omnprfu w basinfss:I T.he outdoor seating patio with new tables chairs oiitrinnr^ ^ bas ^r,ed to improve the existingWith all permit^ eqteremente ' hI ZwE? a"9 'l"0"19' Mr' Ruiz wi" oompi? summer use and will cS for theSer 6 haVe 'he 0Utd00r seatin9 area 'o' dirg “r^rHerste^rore93 in,r:!-I0 leaVe al1 tba itema not duringthe Winter if possible. Vice Chair Saaer SatIdUhd '^h*0 l63^6 th® items out all items removed and stored Planner phiirntf ? he understood staff would like removed to help minimize threk)ng^te^r^1m^ctCOt^ t9ted Staff W°Uld ,ike a" ltems RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 August 3, 2004 It was moved and seconded (Newsom/Levine) to approve the outdoor patio as drawn on the site plan/parallel to the river and no closer than the northwest corner of the patio and a three foot (3’) variance from the fifteen foot (15’) side yard setback to allow an outdoor seating area to remain 12 feet from the western property line and the motion passed unanimously with one absent. 1, 3. A registered land surveyor shall provide an improvement location certificate which includes the outdoor seating by August 6, 2004. This is a seasonal approval only. Each year the outdoor seating, including, tables and chairs, shall be installed no early than May 1st and shall be removed by October 1st. This is a ternporary approval only. Town staff can require removal of the outdoor seating, including, but not limited to fencing, outdoor carpet, tables and chairs, with thirty days written notice for reasons including occupying the public easement. Any Buiiding Code violations associated with the new outdoor seating area shall be corrected within 30 days of Board of Adjustment approval. —VALLEY 2nd filing TO THE TOWN OF ESTES PARKLOT 19 nr^lu1!1 T-A'LW_AY' A_PP.1:IC,A.NT: PRISCILLA lqqnsten - vARiANce reqiifst R0'V'.StU,.IUN.4' T-B-E 4;2-OF THE ESTES VAI 1 FY DEVELOPMENfcODW: l* a request to build a detached work Sr0ri[SbU^dhLn? ‘ha 50>‘ yard kXcK rn r-rV-SIsX minimum lot «?i7P nf 9 c: xu ” Wl uibinci, wnicn nas aForest Se^icf!,nL2;5.Kfre±„Ihe.e-af,e"1 po.rtl°n of the lot »as purchased by theForest c?Prvipp imH^r uie loi was purchased by theexistinn under the f^evous owner, which resulted in the majority of the triannuirchfL Su°?-t?d "'thln fh? re<Iuired 50 foct Setback. - lot is stepniv <;innori h«ow!i -----"iimmizes me Duiidable area. Thethe buildable arL VhrpropSL^strurtiirr^ii0^ a|r°Ck outcroPPin9 in a Portion of the applicant oroDoses than 200 square feet, andthe applicant proposes to locatethp sVr. .Pt. Z tnan square feet> andexcavated. The neighborhood ii hpn»/?trfCtUr? ? an area that has already been pattern of the prooertv linpct xhf o.^.,i:!L?[est.e.C!’ and the lots do not have a clearpattern of the property lines The enniipLf ! ana the lots do not have a clear Of the lot. However, 0a 0thar ar- understends th^staff recomriendationsSent t0 anSWer ques,ions' She slated she ^ea|^^amount^onmpadrand t^e ^te^lready<^ists.^0r ‘he St°ra9e Sh6d Wil1 have ^^fa^^r«yan?o:.eCr5n0d)eds^S!l/L;aV;rVetbTrre Vhirty f0°‘ <3°’) -nance shop/storage building twenty (20’)yfrodmthlbf^|k ,0 j>ulld a detached work passed unanimously with one absem, h Slde yard setback and the motion 2. Prior to founSmTnlpeS0™ Sal ofCa°setrdka S',e plan' registered land surveyor. ’ °f a setdack certificate prepared by a iuLCH0ROAFrtSApp|T-a1MTAnnr-|d' ,TfN' OF THE 6TH PM .,on - ■REQUEST FROM SFfrTInr.i J-.,. . SHERMAN - VflPIA.|^p Planner Shirk reviewed the staff rpnnrt ' xk- ■ setback of 7 feet in lieu of the 50 fe^^eouireJ to Iv fn'T®5* t0 allow a side structure will not exceed the 30 foot heioht limit* anH ih3 ‘^ree slo,y tree house- The to allow the structure to be built closer tn an Wa an? the Slde yard setback request is the adjacent lot. The apptanXXled K applicant is over the square foot limit allowedTJXsoJllVm^yTte RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 August 3, 2004 of the tree house would have less of an impact on the neighborhood than if it met all required setbacks. Board Member Levine feels the applicant did not intentionally build the tree house without first trying to obtain the necessary permits. Planner Shirk stated another alternative to a variance would be to combine the lots or move the lot lines through a boundary line adjustment. However, the applicant has not decided what he would like to do with the property and the amended plat or boundary line adjustment would take several months. The combination of the lots would not eliminate the nonconforming density and might increase the degree of nonconformity. Joe Coop of Van Horn Engineering was present to represent the applicant. Mr. Coop stated the applicant has obtained all of the necessary permits for the work performed on the property. Nels Larson, 1527Devils Gulch Road, stated the tree house is visible from his front porch and all of his windows. He feels it decreases his property value and blocks his last view down to the lake. He stated the installed landscaping does not screen the tree house. Mr. Larson does not think Mr. Sherman should be allowed to build the tree house because he is already over the allowable accessory structure limit. He also feels the tree house could be placed elsewhere on the property. It was moved and seconded (Newsom/Levine) to approve a forty-three foot (43’) variance from the fifty foot (50’) side yard setback to buiid a three story tree house seven feet (7’) from the side yard setback and Section 5.2.D.5.d to aiiow an additionai accessory structure over the maximum aliowed and the motion passed unanimousiy with one absent. 1. Full compliance with the Uniform Building Code and approved site plan. 5. REPORTS None. Board Member Newsom requests that staff be at the meeting before 8:00 a m so the meeting can start on time. ' There being no further business, Vice Chair Sager adjourned the meeting at 9:07 a.m. ° _________ __ Sager, Vice Chair ~Al Sager, i^3|m1vi^ilSmi Ja ■V..O> o. mson, Recording Secretary