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HomeMy WebLinkAboutMINUTES Board of Adjustment 1995-09-05BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board o£ Adjustment September 5, 1995 Board: Attending: Also Attending: Absent: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager All Community Development Director Stamey, Building Official Allman, Town Attorney White, and Deputy Clerk Kuehl None Chairman Doylen called the meeting to order at 8:00 a.m. MINUTES The minutes of the June 6, 1995 meeting were accepted as presented. FALL RIVER ADDITION. TRACT 42, 465 WONDERVIEW, C. FRANK HIX/ APPLICANT -- REQUEST FOR VARIANCE FROM USE RESTRICTION IN THE E- ESTATE ZONING DISTRICT. Chairman Doylen and Member Newsom declared conflicts of interest, and stated they would not participate in the discussion nor vote. Chairman Doylen turned the Chair over to Vice Chairman Sager, and both Doylen and Newsom vacated the room. Vice Chairman Sager explained the procedure for conducting an orderly meeting, adding that all persons would be given the opportunity to speak. Building Official Allman stated the Applicant is appealing Staff's determination that the Stanley Steam Tour Company is being operated as a business from 465 W. Wonderview, in the E-Estate zoning_ district. Section 17.16.020, of the Municipal Code prohibits business uses in E-Estate zoning districts. The only exception is home occupations which do not change the character of the property for residential purposes. Allman explained that drivers for the Stanley Steam Tour Company arrive at the site, park their vehicles for the duration of their shift, and leave with the Steamer. At Staff's request, signs and the above-ground fuel tank have been removed. Attorney White explained that this is not a hearing^ to grant a variance. The Board of Adjustment's responsibility, as written in Section 17.36.010, C, 1(a) is: "To hear and decide appeals from, and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of the regulations established by this title." Building Official Allman issued notice to Mr. Frank Hix, Stanley Steam Tour Company, that he is operating a non-permitted business in the E-Estate zoning district. The Code does not define a business; therefore, the Board is to determine if this is a business operating at 465 W. Wonderview as maintained by Staff. The Town has not taken a stance on casual employee travel to the home but this is in consideration of "regular" employee travel to the site. Town Administrator Klaphake explained that business people are allowed to take their vehicles home but having employees come and go on a regular basis is a separate ruling. Any decision made by the Board to determine where a business starts and stops will be a precedent for other residential neighborhoods and cannot be appealed to the Town Board. Applicant Hix, trustee of the ownership of the 465 W. Wonderview property and 50% stockholder in the Stanley Steam Tour Company, stated that the business is operated on the downtown Estes Park public streets and associated stops, and brochures and the phone book lists 363 E. Elkhorn Ave., Suite 201, as the location to book reservations. Mr. Hix provided a historical background of the Steamer, and emphasized that relocation would cause a hardship and threaten the existence of the company due to the cost of commercial BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment, September 5, 1995 - Page 2 property and time constraints. Mr. Hix further reported that the neighboring property owners stated no objection to the employees parking their cars at 465 W. Wonderview, adding that it would not be practical, nor would it resolve the situation, for him to drive the Steamer off the premises to 363 E. Elkhorn Ave. The stockholders of the Stanley Steam Tour Company discontinued operations as of August 19 pending an appeal to the Board of Adjustment. Director Stamey reported letters supporting the business were received from: Stanley and Lorraine Gray, 490 Wonderview Dr.; Patricia Newsom, 450 W. Wonderview Ave.; Omer Raup, Lakewood, Colorado; and Earl Gunther, 450 Far View Ln. Ross Brown, 411 _W. Wonderview Ave., stated that the Town made an erroneous decision as the business is not a commercial undertaking; added that employee vehicles are not parked there 365 days a year; and compared this situation to parking his private vehicle in his driveway with a sign on the side advertising his business. Bill Van Horn stated that enforcement will be difficult due to the many businesses in violation of this proposed determination. Member Gillette questioned why this is being considered when all correspondence received is in favor of the business continuing at address. Director Stamey explained that a written complaint from neighbors was received, and the Town is obligated to follow up on all complaints. Vice Chairman Sager regretted that it became necessary to question the Staff's findings as the Code is comprehensive stating that the only Items allowed in E-Estate are: a single family dwelling, and, by Special Review, room and board. Member Dekker noted this is a unique situation in that if there was a residence near the garage and the owner took the Steamer out every day as a contractor would IS vehicle,^ there would probably be no question, but in this case, MarT?ge,q 18 .seParated frora residences, employees are parked at condn;h^3ndFerVle!^u0n a rf9ular basis, and the business seems to be difficult tom di'i ■ P01.nl f°r the rest of the day/ making it difficult to distinguish between this business and other businesses. Vice Chairman Sager stressed that the Board is considering the evidence and Staff's findings in this particular seconded 0(GilietTtheern kkin? furt^er discussion, it was moved and an^that Staff } the Applicant's appeal be denied the Stanl .fJ tappr^priately in making fche determination that y Tour Company is a business located at 465 W :iner?e^e:meancVittiPcaafe?r.animOUSly- Member Dekker noted that it j critical that zoning ordinances continue to be enforced. Member_ Gillette repeated that this appeal was to verify no? a zonfngTeVest 9 COndUCted at 465 W' Wonderview and was Adjil^me^t. Member NeWSOm reSUmed their P°siti°ns on the TOWN OF ESTES PARK, SECOND AMENDED PLAT, LOTS 7. 8. 7R awn cac-r nr- 24, BLOCK 10, 321 BIG TTOPW nPTW vvv S™ density variances , Director Stamey reported tha^^e App!I?an? IS requesting two _ variances. Based on the size of the lot 13 rnVit;L~SamilY dwelling units (3 or more units per building) could be Ser°Wuni tnder aSpeC;Lal Revi®w' requiring 10,500 sq. ft. of land area per unit. A variance is required because the applicant is requesting to develop 2 single-family units, 4 duplexes, and 1 Sfir^A^f^0r rf t0tal of.13 units- The zoning ordinance provides different land area requirements, based on unit type. The proposed ??nt?fUrttl0n WOUl.d reqUire 171'500 sq- ft- °f ??mp???dHhe area of 136,585 sq. ft. Multi-family projects subject to Special Review must provide a 30' perimeter buffer setback. In this proposal, the triplex to be built in the area of the ruins has a proposed 27' setback, _ instead of 30' as required by Special Review, and a single-family unit at the eastern edge of the site BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment, September 5, 1995 - Page 3 has a proposed 12' setback, instead of 30'. The existing land is vacant, zoned R-M Multi-Family, consisting of 3.14 acres. Director Stamey noted that any action by the Board does not include approval of the site plan, which must be considered under Special Review by the Planning Commission and Board of Trustees. Applicant's Representative Bill Van Horn reported that the proposal is the result of negotiations with the existing Lewiston Condominium Homeowner's Association. The decision on the site and size of the buildings was made to accommodate site features, including rocks and trees; and to minimize building height, limiting buildings to one story (15') and lessening intrusion on the surrounding view corridors. The Applicant considered a lot split to avoid the 30' buffer setback requirement. Tentative construction drawings of the buildings were distributed. Curtis Seers, attorney for the Lewiston Condominium Association, reported that the Homeowner's Association is actively involved in the development and is in favor of the proposal, with single-story buildings. Larry Heckel, owner of Lots 4 & 5, spoke in favor of the proposal, noting that he will meet with the owners and developers to discuss possible easement considerations. Letters of opposition were received from Jeanne & Henri LaVigne, 271 Big Horn Dr.; and Virgil Holtgrewe, 321 Big Horn Dr. Henri LaVigne stated the proposed 12' variance request would have an adverse affect on his property. Van Horn noted that the LaVigne's building is encroaching into current setback requirements; but it was explained those buildings were constructed before the setback requirements. Judy Nystrom, realtor, is in opposition to the 12' setback as the property at 271 Big Horn Dr. is for sale and she has been informing prospective buyers that the setback is protected. To avoid the 30' buffer setback variance. Member Newsom suggested a reconfiguration of the single-family unit, and Member Sager suggested relocation of the sewer line. Van Horn acknowledged that these suggestions would be considered. Chairman Doylen suggested that the roadway be confined to one arterial. Van Horn explained the proposed driveway configuration is an attempt by the Applicant to retain the terraced wall which is a representation of the historical site of the Lewiston Hotel. It was moved and seconded (Gillette-Dekker) that the density variance to allow 13 dwelling units (2 single family units, 4 duplexes, and 1 triplex) be approved, considering suggested building configurations, allowing for maintenance of unique site features, and as a condition of the variance, limit the buildings to single story, noting that this approval does not preclude the Special Review process, and it passed unanimously. It was moved and seconded (Gillette-Sager) the 27' setback in the ruins area of this development be approved, and it passed unanimously. It was moved and seconded (Sager-Gillette) to deny the setback variance on the east side for the building adjoining Lot 9, and it passed unanimously. There being no further business. Chairman Doylen adjourned the meeting at 9:20 a.m. 1 Tina Kuehl, Deputy Town Clerk