HomeMy WebLinkAboutMINUTES Board of Adjustment 1992-02-05BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
“"BOARD OF ADJUSTMENT
February 5, 1992
Board:
Attending:
Also Attending:
Absent:
Chairman Habecker, Members Barker, Garrett, Newsom, Sager
Chairman Habecker, Members Barker, Garrett, Sager
Community Development Director Stamey, Building Official
Allman, Town Attorney White, Deputy Clerk Heifner
Member Newsom
Chairman Habecker called the meeting to order at 9:05 A.M.
APPROVAL OF MINUTES.
Member Sager queried whether the Agreement between the Town and Snowdance I
had been finalized and Director Stamey replied in the negative. Minutes of
the meeting held January 8, 1992 were approved as submitted.
TIMBERLANE LODGE, Tract 1, Beaver Point, 2nd Addition. 740 Moraine Avenue,
Curtis & Pat Thompson/Applicant - Variance Request. The Applicant is seeking
an interpretation of Section 17.08.030 (33) Dwelling Unit, versus Section
17.08.030 (51) Guest Unit, as it applies to Section 17.20.020 (B3 & B4) for
density restrictions. In a separate request, the Applicant has submitted a
proposed subdivision plat and a development plan for nine accommodation
(cabin) units.
Staff's conclusion is that the definition/interpretation of guest unit and
dwelling unit is clear, as associated with the application of density rules.
The historic application of Town zoning regulations has always distinguished
between hotel/motel and a cabin or lodge-type unit. The applicant has three
options under existing zoning in which to develop nine units. These include:
1. Combine the units into a duplex or tri-plex configuration.
2. Enlarge the area of Lot 1.
3. Designate Lot 3 of the proposed subdivision as an open space
outlet. The number of units that could be built on this lot, as
well as a 1.5 times bonus, could be transferred to either Lot 1 or
Lot 2.
Bill Van Horn, representing the Applicant stated the Applicant has considered
all three options presented by Staff and none seem appropriate for
Applicant's use. Mr. Van Horn displayed a subdivision plat of the
development and introduced letters of support for Applicant's variance
request from adjacent lodging establishments. Mr. Van Horn questioned the
Town's zoning definitions of Guest Unit, Hotel/Motel, and Dwelling Unit and
how they relate to each other, noting the Applicant desires to expand his
present accommodations into single, cottage type units. Applicant does not
agree that these would become dwelling units.
Attorney White quoted from the Town's zoning code. Item 51, "Guest Unit: A
room or suite of rooms without cooking facilities, suitable for separate
occupancy in a motel, hotel, lodging house, or similar establishment. If the
unit contains a stove plus either or both a kitchen sink and a refrigerator
it shall be considered a dwelling unit".
Following further discussion, it was moved and seconded (Sager-Garrett) the
Board acknowledge the Town zoning definition of Guest Unit as it refers to
Dwelling Unit and its use of the term Dwelling Unit in the context of density
requirements, and it passed unanimously.
It was moved and seconded (Sager-Garrett) the request for increase in density
as shown on the request be denied because there are not extraordinary
conditions, the applicant will not be denied use of the property, and the
fact that the variance, if granted, will allow Applicant to make more money
or to make the property more valuable is not sufficient in and of itself to
support the request for variance, and it passed unanimously.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment - February 5, 1992 - Page 2
It was moved and seconded (Garrett-Barker) the following be referred to the
Planning Commission at the earliest opportunity, and it passed unanimously:
1. Review of commercial accommodation densities and definitions (e.g.
accommodation vs. dwelling unit).
Chairman Habecker and Member Barker expressed concern regarding the State
sales tax collection requirements for accommodations and rental properties.
There being no further business to come before the Board, Chairman Habecker
adjourned the meeting at 10:05 A.M.
Donna Heifner, DeputyJTown Clerk