HomeMy WebLinkAboutMINUTES Board of Adjustment 1991-11-06BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
BOARD OP ADJUSTMENT
November 6, 1991
Board:
Attending:
Also Attending:
Absent:
Chairman Habecker, Members Barker, Garrett, Newsom, Sager
Chairman Habecker, Members Barker, Garrett, Newsom, Sager
Community Development Director Stamey, Building Official
Allman, Deputy Clerk Heifner
None
Chairman Habecker called the meeting to order at 9:00 A.M.
APPROVAL OF MINUTES.
Minutes of the meeting held October 2, 1991 were approved as submitted.
THE INN ON FALL RIVER. 1660 Fall River Road. Neil McDermott/Applicant-
Recmest for Variance from Section 17.66.300, 2., of the Sign Code_which
requires an 8 ft. setback from property line. Member Barker noted a conflict
of interest and stated he would abstain from discussion or vote. The
Applicant is requesting the sign be left where it is presently located which
is 8.7' over the public right-of-way.
Director Stamey stated the sign's location is also in violation of HB No.
1154 which outlines regulations for outdoor advertising (in particular, the
penalty for violating Part 4, Roadside Advertising) and referred to Building
Official Allman's November 4, 1991 memo to the Board recommending denial of
the setback in the right-of-way.
David P. Moya of Adcon Signs, representing the Applicant, stated his firm
manufactured and installed the sign. He stated the sign was installed on the
assumption that the measurement from the centerline of the highway was
accurate. No survey was conducted to confirm location of the actual property
line.
Chairman Habecker stated that the Board of Adjustment would not consider the
encroachment into the right-of-way, but would consider other alternatives.
It was moved and seconded (Sager-Garrett) that, with the finding of the first
three conditions contained in Section 17.66.340(E) Variances, a variance be
granted to allow the sign within the 8» property line setback, provided the
sign is relocated so that no portion of it intrudes into the highway right-
of-way, and that it be relocated within thirty days (December 6, 1991).
Those voting Yes: Chairman Habecker, Members Garrett, Newsom, Sager. Those
voting No: None. Those Abstaining: Member Barker.
615 COLUMBINE AVENUE. LOT 37. COUNTRY CLUB MANOR___z__James—
McCalpin/Applicant. - Request Variance from Section 17.20.040,B.1_whjch
requires a 25 ft. setback from the street. Mr. McCalpin explained he is
proposing to build a greenhouse addition on the southeast side of the
existing building, vrithin 10.5 ft. of the existing, unimproved Ponderosa
Drive right-of-way. Director Stamey referred to a November 1, 1991 letter
from Joan C. Banker/Estes Park stating her concern that, although she has no
objection to the green house addition, the utilities access should not be
vacated. Chairman Habecker stated it is not within the Board's purview to
vacate street rights-of-way or utilities access.
Chairman Habecker referred to the Board of Adjustment's Powers and Duties,
concerning unnecessary hardship. Following discussion regarding whether
construction of a street is anticipated at the undeveloped Ponderosa Drive
right-of-way, and determinination that the probability of this occurring is
slight, it was moved and seconded (Newsom-Sager) the variance be approved,
noting the Board is authorized to grant a variance where the strict
application of the ordinance in question will result in unnecessary hardship,
provided there is no harm done to other landowners in the vicinity, and also.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
BOARD OP ADJUSTMENT - November 6, 1991 - Page 2
by reason of exceptional narrowness, shallowness or slope of the property or
by reason of exceptional topographic conditions or another extraordinary and
exceptional situation or condition of the property, and it passed
unanimously.
1888 FALL RIVER ROAD. LOT 2. HENNINGSEN ADDITION. John & Sandra
Gilfillan/Applicant. - Recruest for variance from Section 17.20.040,_B.2_^
which recruires a 30 ft. setback from river. Paul Kochevar/Estes^ Park
Surveyors, representing the Applicant, presented an architect's rendering of
the proposed development delineating tree locations within the development.
He referred to his Septeiober 26, 1991 letter regarding the Gilfillan amended
development plan whereby Building B is closer to the river than allowed by
the zoning ordinance. He stated the Applicant is requesting a reduction in
the river setback from 30' to a 20' minimum. The Applicant is applying for
a setback variance for Building B based upon: 1) the large setback from the
highway; and 2) a desire to save two very nice, healthy, mature ponderosa
pines.
Director Stamey noted that future pedestrian orientation of the river in this
area would most probably occur on the undeveloped side of the river.
Since no development is anticipated on the other side of the project, it was
moved and seconded (Garrett-Newsom) the setback variance be allowed for
Building B because of the topography and protection of the trees, noting the
variance would be in keeping with the purposes stated in Section 17.66.340(E)
Variances, and it passed unanimously.
Member Sager moved the Board of Adjustment meeting time be changed from 9:00
A.M. to 8:30 A.M. The motion died for lack of a second.
There being no further business. Chairman Habecker adjourned the meeting at
9:55 A.M.
Donna Heifner, Deputy Town Clerk