HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 1965-08-27RECORD OF PROCEEDINGS
Board of Adjustment
August 27, 1965
Committee;
Attending;
Chairman Henry Dannels; Trustees L, Leo Martin and Harry Tregent;
Town Residents Rollen Sutter and Joel Bacon
Chairman Henry Dannels; Trustee Harry Tregent; Town Residents
Rollen Sutter and Joel Bacon
Also Attending; Town Clerk Dale G. Hill and Building Inspector W. Ted Hackett,
and T, C. Jelsema
Absent; Trustee L. Leo Martin
Mr. T. C. Jelsema appeared before the Board of Adjustment to appeal the
Building Inspector's ruling to the effect that the building now occupied
by the Pearson Metal Works when rebuilt must observe the 8 foot set back
from the river. Mr. Jelsema presented a sketch showing the dimensions of
the building. The Board of Adjustment inspected the building and observed
the damage done to the building by the recent flood this past June. After
considerable discussion, the Board of Adjustment instructed the Building
Inspector to obtain the Town Attorney's opinion in regard to this matter.
Chairman Henry Dannels adjourned the meeting to Monday, August 30, 1965,
at 4;45 p.m.
Chairman Henry Dannels called the meeting to order. Mr. Ed Hummer, attorney
for Mr. T. C. Jelsema, was in attendance along with the same people present
at the August 27 meeting. The Board of Adjustment proceeded to listen to a
tape-recorded telephone conversation conducted this day between Town Attorney
Ernest G. Hartwell and Building Inspector Ted Hackett. The Town Attorney
offered the opinion that the Town could require Mr, Jelsema to set back any
distance up to 8 feet from the river bank. Building Inspector Hackett pro
duced the original building permit No. 113 issued to Mr. Jelsema for this
building on September 15, 1959. This permit called for a back yard of 5 feet.
Mr. Jelsema stated he was not aware this permit was in existance. The permit
did not have Mr. Jelsema's signature as permitee. After a discussion con
cerning appeals from this Board and after hearing Town Attorney Ernest Hartwell's
recommendation, member Harry Tregent introduced the following resolution and
moved that it be passed and adopted;
resolution
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF ESTES PARK, COLORADO;
That the Board of Adjustment of the Town of Estes Park adopt
a General Rule in accordance with Section 139-60-7 of the Colorado
Revised Statutes of 1963. A time limit of 10 days is established to
appeal the decisions of this Board of Adjustment.
Member Joel Bacon seconded the motion. Upon roll call the motion passed by
the following votes. Those voting "Yes" Board Members Henry Dannels, Harry
Tregent, Rollen Sutter and Joel Bacon. Those voting "No" none.
After considerable discussion and after a verbal agreement by T. C. Jelsema
and his Attorney, Mr. Hummer, Trustee Tregent introduced the following
resolution and moved that it be passed and adopted;
resolution
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOARD OF ADJUSTMENT
OF THE TOWN OF ESTES PARK, COLORADO;
That the variance consisting of a set back from the river bank in
the amount of five (5) feet for the reconstruction of a building now occupied
by Pearson Metal Works and owned by Mr. T. C. Jelsema be granted and that the
Building Inspector is so instructed to issue a building permit to this effect.
RECORD OF PROCEEDINGS
Board of Adjustment (Continued)
August 27, 1965
Board member Rollen Sutter seconded the motion. Upon roll call the motion
passed by the following votes. Those voting "Yes" Board Members Henry Dannels,
Harry Tregent, Rollen Sutter and Joel Bacon. Those voting "No" none.
Meeting adjourned.
Town Clerk Dale G. Hill
nAPPROVEDr fEl
SEP 13
TOw'i'i Ui'
PQA:!D of TtillSTEES
TELEPHONE SBB-3S32
EDWARD J. HUMMER
ATTORNEY AT LAW
P. O. BOX 856
ESTES PARK, COLORADO
August 30, 1965
Board of Adjustment
Town of Estes Park, Colorado
RE: Jelsema Building Repair Permit
Gentlemen:
Mr. Ted Jelsema has conferred with me regarding the refusal of
the permit to repair the wall of his building which was damaged
by the June floods and I therefore give to your Board for
consideration the following facts:
1. Location of Building - Lot 12, Mocassin Addition.
2. Present Zone - C-1 Commercial District.
3. Present Use - Building is presently used
Ken Pearson to ooerate a retail sales of Gas and 0x1 Furnaces,
Hr Conditioning Equinment and allied products and who also
instnlls^andservices these products f- others in addition to
onerating a light sheet metal works which consists of tne
construction of vent f 0etSs > “I'hfas8^’ irdifidS^r^nhandle
Other light metal products which he as an
without any additional employees.
/ o ^ _ ThP foreeoine use is in conformity with
Section 12?9-1,"^paragraph 4 of the Municinal Code of the Town
of Estes Park which permits that
"Any branch of trade, production or creative endeavor
"n5h^rdo:fn:n^^^^
Xrtirn;“Mc“o;errte; i^Undently of extensive
loading docks and heavy equipment .
-2-
Tt is to be noted that this is nermissable in the Commercial
district under Paragranh 1 of Section 12.10-1 as it certainly
is a ’'light manufacturing nrocess" which comnlies in every
detail with Paragranh 4 above mentioned.
5. Setback from Fiver Wall - The nresent setback is nearly
eight (8) feet from the existing footers of the retaining wall
that was destroyed in the flood and which is visible at this
time under the water. There does not seem to be any regulation
as to the renairing of existing buildings as Section 12,10-1
refers only to "no building shall be hereafter erected or
structurally altered". There is a substantial difference
between renairing and altering a building.
It is anparent that Section 11,16 does not apply since the
building is set back from the natural flow of the water and
it is my understanding that the center line of the stream or
natural water course has never been established in this
particular point but that it has in fact been comnletely
altered by actions of abutting property owners and the town
up to the time of this past flood.
We therefore submit that the oermit should be issued to allow
Mr, Jelsema to repair the wall xvhich was oartially damaged by
the flood, I use the word partially because the balance of
the wall was removed at my suggestion to avoid the possibility
of any damage to occupants in the Pearson Shoo,
Fesnectfully yours,
ward J
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