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HomeMy WebLinkAboutMINUTES Board of Adjustment 1994-12-06BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment December 6, 1994 Board: Attending: Also Attending: Absent: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Community Development Director Stamey, Building Official Allman, Deputy Clerk Kuehl None Chairman Doylen called the meeting to order at 8:30 a.m. APPROVAL OF MINUTES Minutes of the October 4, 1994 meeting were approved as submitted. FALL RIVER ESTATES. LOT 2. BLOCK 5, DAROLD AND LOIS ROHRBAUGH/ APPLICANTS - REQUEST FOR SETBACK VARIANCE The Applicants are requesting two variances: (1) Section 17.24.010, B.l, which requires a 10 foot parking area setback from the high water mark of all river banks and a 15 foot parking area setback for all parking lots and (2) Section 17.24.020, C, which requires a 15 foot wide street buffer exclusive of driveway. Applicant's representative Bill Van Horn reported that the variances would allow the preservation of mature trees and natural vegetation on the site. Van Horn added that the parking lot on the south side of the river shows rip rap measuring one yard per lineal foot with no encroachment into the channel or floodway, thus keeping within the nationwide permit of the Corps of Engineers. Building Official Allman noted that the site is a unique but useable river property and recommended approval of the requested variances due to the Applicant's effort to save several trees. Adjacent property owners were notified. Chairman Doylen read a letter from Del Lienemann, Fall River Estates, in favor of the request. Robert Voiland, 1524 Fish Hatchery Road, was against the request stating the Applicant's lack of concern for the preservation of the land by dynamiting a huge boulder and allowing mature trees to be destroyed either by cutting down or by changing the grade at the base of the tree. Mr. Voiland also referred to the need to examine the area during early spring runoff to determine the river flow. Chairman Doylen explained that the Development Plan will be reviewed by the Planning Commission. It was moved and seconded (Dekker-Gillette) that, in order to save several mature trees, the variances for the Par^-^n9 area, river setback, and street setback be approved, and it passed unanimously. Trustee Gillette requested the Planning Commission address the required easement for the proposed Hike/Bike Trail. / LOT 1, ESTES PARK ORTHODONTIC CENTER SUBDIVISION. ALLNUT FUNERAL SERVICES, PATRICK NOOK & COMPANY/APPLICANT - REQUEST FOR DENSITY VARIANCE Trustee Gillette declared a conflict of interest and left the room. The Applicants are requesting a variance from the density requirement to allow the existing cabin to remain for employee housing. Director Stamey explained Section 17.20.606 requires that the floor area of a commercial building in the C-0 District may not exceed one-quarter times the lot area. The lot is 19,815 square feet and the dwelling requires 18,000 square feet of land area. The proposed 2,050 square foot commercial building would require an additional 8,200 square feet of land area, or a lot size of 26,200 square feet for both uses. Applicant's representative Patrick Nook reported the new structure is designed BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment Committee Meeting, December 6, 1994 - Page 2 with similar architecture as the existing log residence and would be used for visitation and service arrangement only, thus requiring very little parking. At present, several vehicles are parked around the cabin. Nook assured the Board this situation would not be allowed in the future. The private easement on the plan identifies the sewer lift station. Building Official Allman reported the existing log cabin is of questionable condition and that depending on the size of the building, there may be a need for additional parking that the cabin now displaces. Nook guaranteed the Board that code regulations would be achieved for the cabin. Member Sager stressed that approval for a density variance does not approve the development requirements. It was moved and seconded (Newsom-Sager) the density variance be approved thus allowing the cabin to remain on the property, and the motion passed with Member Gillette abstaining. Member Gillette returned to the room. FALL RIVER ESTATES, LOTS 13 & 14, BLOCK 1, DEL LIENEMANN/APPLICANT - REQUEST FOR SETBACK VARIANCE This area was first platted under Larimer County regulations (10 foot setback) but became subject to the Town regulations when annexed in 1982. The Applicant is requesting a variance from Section 17.20.040,B.1 which requires a 25 foot setback from the property line. Realtor Debbie Coleman reported that Lot 14 has sold but Lots 12 and 13 are owned by the developer. The owner of Lot 14 is aware of the setback request and submitted a possible building footprint for this lot. Applicant's representative Paul Kochevar reported that although the lots in question are over an acre in size, the building area is restricted to the upper, westerly portions of each lot due to the sewer line location and the steepness of the site. The need to preserve trees is also a concern for Lot 14. Kochevar confirmed that these lots cannot further be subdivided due to the minimum lot size required for_ E-Estate zoning. Coleman spoke in favor of allowing the variance due to the difficulty in selling the lots as is. Building Official Allman confirmed steep slopes on both lots, but without a sketch for Lot 13, it would be difficult to determine the amount of setback needed. It was moved and seconded (Gillette- Dekker) that approval be given for the setback variance request. Member Sager expressed concern as the motion did not include findings. Member Gillette withdrew the motion. After further discussion, it was moved and seconded (Gillette-Dekker) that approval be given for the setback variance request due to the exceptional topographical conditions and the narrowness of the lots, and it passed unanimously. There being no further business. Chairman Doylen adjourned the meeting at 9:37 a.m. 1 Tina Kuehl, Deputy Town Clerk