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HomeMy WebLinkAboutMINUTES Board of Adjustment 1983-09-21BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Board of Adjustment September 21, 1983 Board: Attending: Also Attending: Absent: Chairman Robert Wagner, Members Margaret Houston, Jerry Lamson, Albert Sager, Richard Wood Chairman Wagner, Members Houston, Sager and Wood Public Works Director Widmer, Planner Cole, Building Inspector Jones, Clerk Jensen Member Lamson MOUNT CALVARY. LUTHERAN CHURCH - SETBACK VARIANCE - 920 N. ST. VRAIN: Mr. David Habecker, representing Mount Calvary Lutheran Church at 920 North St. Vrain, requested a setback variance of 3 feet 2 inches (which does not include the 5 foot sidewalk; ownership of which is unclaimed based on Section 17.20.030 of the Municipal Code), in order to build a vestible onto the entrance of the church. Member Margaret Houston moved the variance be granted. Member Al Sager seconded the motion and it passed unanimously. COMMUNITY CHURCH OF THE ROCKIES - SIGN VARIANCE - 1700 BRODIE AVENUE: Mr. Jack Spencer, representing the Community Church of the Rockies at 1700 Brodie Avenue, requested a variance to allow an additional freestanding sign in the front yard at the entry way to the church (Section 17.66.300). Mr. Spencer stated that because of vegetation and topography, it is not practical to put a sign in the side yard. The present sign in the "front yard" is at the intersection of Brodie Avenue and Fish Creek Road and services Fish.Creek Road. A lengthy discussion followed. A phone call was received from the Rocky Mountain Metropolitan Recreation District, adjacent property owner, stating that the Board of Directors of the Recreation District has no problem with the additional sign. Member Richard Wood moved the sign variance be granted. Member Margaret Houston seconded the motion and it passed unanimously. JOHNSON - SETBACK VARIANCE - 356 VIRGINIA: The Board of Adjustment considered a request from Robert B. Johnson for a Ik foot setback variance for his property at 356 Virginia. The house is currently non-conforming because the building wall is setback only 7 feet rather than the required 8k feet, but due to the age of the building, the variance could be granted based on Section 17.68.090 of the Municipal Code. The project goal is to create an 18 inch eave on the front of the building, thereby enlarging the roof line of a non-conforming building. Planner Barbara Cole informed the Board of Adjustment that this project has been completed. Mr. Johson stated that at the time he completed the project, he was not aware of the need for a building permit or a variance. Mr. Johnson also stated thatvthe: neighbor with whom he shares the property line in question, has given his support to the project. Member Al Sager stated that Mr. Johnson would be responsible for additional fees as a result of completing this project prior to obtaining the necessary building permits. Member Al Sager moved the variance be granted. Member Richard Wood seconded the motion and it passed unanimously. HABER - ALTERATION OF A NON-CONFORMING BLDG. - 148 CLEAVE STREET: Mr. Roger Thorp, representing the property owners, appeared to request a variance to allow an addition to a non-conforming building at 148 Cleave Street. Building Inspector Stan Jones stated that this is BRADFORD PUBLISHING COM DENVER RECORD OF PROCEEDINGS Board of Adjustment - September 21, 1983 - Page 2 a complicated situation. There are two non-conforming areas, (1) the existing structure overlaps a lot line because of an addition added seven to eight years ago; (lot 12 and 13, Block 3, Town of Estes Park) and (2) it is not a one-hour fire rated structure. The structure would be C-2 and R-3 occupancies. Mr. Thorp stated that the addition would conform to Code and would be a one-^hour fire rated structure. They propose putting the addition between the existing residence and the existing commercial building. The structure would meet Building Code requirements. Mr. Ralph Haber stated that he is willing to make an Agreement with the Town that should he decide to sell lot 13 separately, the bedroom addition which now crosses over onto lot 12 could be demolished. Member Sager, stated that the Board of Adjustment does not have the right to grant a variance on the Building Code Requirements. Building Inspector Jones stated that this was correct, but the Board of Adjustment would be making a decision on whether they could add to a non-conforming building. Planner Cole stated that Mr. Haber had discussed this with her as Executive Director of the Urban Renewal Authority, and the URA had no problems with the proposed change. The following correspondence in favor of the addition was received from: Kimball Beery.........................................................9/19/83 Maureen and Peter Marsh...................................9/14/83 Member Al Sager moved the variance be granted, seconded the motion and it passed unanimously. Member Richard Wood CRIPE - CONFORMING DENSITY VARIANCE - 1130 W. ELKHORNi Mr. Bill Van Horn, representing Alan and Cheryl Cripe, appeared to request relief from the conforming density provision of Section 17.24.050 of the Municipal Code to allow construction of a garage and three additional motel units at 1130 W. Elkhorn Avenue. Mr. Van Horn gave a brief history of the property, stating the property was zoned C-2 for a long time and no minimum lot size was required. In 1980, there was a change in the Municipal Code changing the density requirements for motels making the 4 Seasons a "legal" non-conforming density because it was in existence at the time of the change. Mr. Van Horn stated that allowing the variance would not set a precedence for any other property in Town. Mr. Cripe stated that he realized that if this variance were granted, this would end any further building on the property. Public Works Director Widmer stated that by changing the density requirements, the Town did cause a hardship for this property owner. A lengthy discussion followed. Member Margaret Houston moved the variance be granted based on the fact that there was no minimum lot size previously, it is a small lot with an existing accommodations use, and an extraordinary and exceptional situation exists, wherein the strict application of this regulation would result in exceptional and undue hardship upon the owner of the property, and such variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning ordinance. Member Al Sager seconded the motion and it passed unanimously. There being no further business, the meeting adjourned. Town ClerkAnn E. dense.