HomeMy WebLinkAboutMINUTES Board of Adjustment 1997-02-11BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
February 11, 1997
Board:
Attending:
Also Attending:
Absent:
Chairman Pauley, Members Barker, Baudek,
Newsom, Sager
Chairman Pauley, Members Barker and Baudek
Community Development Director Stamey and
Secretary Botic
Members Newsom and Sager
Chairman Pauley called the meeting to order at 8:00 a.m.
MINUTES
The minutes of the December 10, 1996 meeting were accepted as
presented.
THIRTEENTH FAIRWAY SUBDIVISION. BRODIE AVENUE/MATTHEW CIRCLE.
LIGHTHOUSE GROUP. DEL LIENEMAN—PROPERTY OWNER/APPLICANT - VARIANCE
REQUEST FROM SECTION 17.20.040.B.4 OF THE MUNICIPAL CODE.
Applicant is requesting the following setback variances: a
building setback of 24' from the west lot line of Block 4, a
building setback of 12' from the east lot line of Block 4, and a 7
space parking bay setback of 5' from the east lot line of Block 4.
Applicant Paul Kochevar explained the history of this request
stating the plan has been modified from the January 1997 Planning
Commission Meeting (one unit eliminated). Plan 1 shows 30'
setbacks which would eliminate a large pine tree west of Lot 13,
Block 4. Plan 2 would utilize the same setback on the west (Lot 1,
Block 4) as the Condos adjacent to the proposed project. Regarding
the property to the east, they have reached an agreement with
Community Church of the Rockies to modify the property line with a
setback of 1935' and the Church has agreed to sign the Subdivision
Plat when it is referred to the Town Board. Additional parking is
needed for guests and no solar gain bonus is requested. Director
Stamey reviewed the Staff Report stating in order for an Applicant
to be granted a variance, he must show that by reason of
exceptional narrowness, shallowness or slope of his property, or by
reason of exceptional situation or condition of his property a
variance is applicable. Understanding the retention of mature
trees, he does not believe a hardship exists and there is no
guarantee trees would survive. Mr. Stamey also stated the impact
is internal to the Developer. Director Stamey noted one of the
trees is partially dead and appears to have been struck by
lightning. Member Baudek expressed concern with the 12' setback
request by Lot 1. Ross Stephen, Estes Park Surveyors and
Engineers, stated that particular tree has 60% positive growth
potential and character and they would like to save this tree.
Members Baudek and Pauley expressed concern with the 30' setback on
the east, however, believe there is merit in saving a tree and
apparently Community Church does not object.
It was moved and seconded (Barker/Baudek) a building setback of
24' from the west lot line of Block 4 variance be approved for
Brodie Avenue/Matthew Circle, Thirteenth Fairway Subdivision, and
it passed unanimously.
Recognizing the effort to 'save the tree', it was moved and
seconded (Barker/Pauley) a building setback of 12' from the east
lot line of Block 4, Thirteenth Fairway Subdivision, variance be
approved, and it passed with the following votes. Those voting
"Yes", Chairman Pauley and Member Barker, those voting "No",
Member Baudek.
It was moved and seconded (Baudek/Barker) a 7 space parking bay
setback bay setback of 5' from the east lot line of Block 4 be
approved for Brodie Avenue/Matthew Circle, Thirteenth Fairway
Subdivision, with the following condition, and it passed
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
February 11, 1997 Page 2
unanimously.
• The Applicant will adjust the lot line between this lot
and the Church lot, to provide for a 19^5f parking
setback.
TINY TOWN TEXACO, 860 MORAINE AVENUE. GARY L. MITCHELL/APPLICANT -
VARIANCE REQUEST FROM SECTION 17.20.040. B. 1. b OF THE MUNICIPAI.
CODE. Applicant is reguesting a setback variance at the NW corner
and along the east lot line. Applicant's representative, Paul
Kochevar, reviewed the request and explained the two submitted
drawings. Director Stamey reviewed the Staff Report and stated
structured parking by definition is a structure and that the
Planning Commission was previously advised by the Applicant they
could not increase the lot, however, they are now again requesting
to adjust lot lines. Staff recommended approval of the setback
variance st the NW corner and denial of the setback variance along
the east lot line. Since the Applicant is currently adjusting the
lot lines between two lots, under common ownership, the opportunity
exists to provide for a 15' setback, and a conforming building. It
was moved and seconded (Barker/Baudek) the setback variance at the
^ corner be approved for 860 Moraine Avenue, Tiny Town Texaco, and
it passed unanimously. It was moved and seconded (Baudek/Barker)
the setback variance along the east lot line be approved for 860
Moraine Avenue, Tiny Town Texaco, and it passed unanimously.
Director Stamey noted that the access easement would be addressed
with the Amended Plat.
REPORTS - none.
There being no further business. Chairman Pauley adjourned the
meeting 8:50 a.m.
Roxanne S. Botic, Recording Secretary