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HomeMy WebLinkAboutMINUTES Board of Adjustment 1998-05-05BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment May 5,1998 Board: Attending: Also Attending: Absent: Chairman John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and A1 Sager All Director Stamey, Senior Planner Joseph and Secretary Botic None Vice Chair Sager called the meeting to order at 8:00 a.m. and welcomed new Member Jeffrey. ELECTION OF CHAIR John Baudek was nominated Chair and it passed unanimously. A1 Sager will continue as Vice-Chair. MINUTES The minutes of the April 7, 1998 meeting were accepted as presented. LOT 12, BLOCK 1. FALL RIVER ESTATES. OWNER - D.A. LIENEMANN. RANDY COLLINS/PETITIONER ■ VARIANCE REQUEST FROM SECTION 17.20.040 B.1 .h OF THE MUNICIPAL CODE. Applicant is requesting approval for a reduction of the required 25’setback. Senior Planner Joseph reviewed the request referring to illustrations to assist in clarification. Mr. Joseph noted the variance granted on Lot 13 in 1994 has expired. (Variances expire after four months of approval if a Building Permit has not been requested/issued). Staff concerns include: close proximity of the expected excavation on Lot 13 to the foundation expected on Lot 12, vehicle loading on a fill embankment situated directly above the cut bank and west wall of the home on Lot 13, lack of soils investigation or analysis of the stability of this building and grading configuration and if setback reduction will impact this site. Mr. Joseph reviewed the staff recommendations. Correspondence was received from Dale Jobe (owner of Lot 13), who is objecting to the variance due to concerns of slope stability, closeness/privacy and view. Also Mr. Joseph has spoken with Mr. Jobe by telephone; Mr. Jobe does intend to renew his setback variance request with an additional request the variance be for a longer period of time than four months. Applicant’s representative, Paul Kochevar (Estes ParkSurveyorsandEngineers, Inc.), stated in 1972 this was subdivided as Fall River Estates in the County. Some driveways were cut to satisfy County concerns. The easement for Lot 13 which extends into Lot 12 requires Mr. Jobe to prevent erosion which may require a retaining wall. The Applicant recognizes the staff comments and will comply. Discussion continued. Member Sager expressed his regret resulting from the lack of field staking and regarding the lack of detail on the plot plan. It was moved and seconded (Sager/Newsom) the request for Lot 12, Block 1, Fall River Estates, be continued until Applicant comply with Staff Recommendations listed in the Staff Report dated May 5, 1998 and provide for Board of Adjustment review, and it passed with the following votes. Those voting “Yes”: Jeffrey, Newsom and Sager, those voting “No”: Barker and Baudek. WEST OF LOT 10. BLOCK 2. PARK ENTRANCE ESTATES. STAN MAREK/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 B.1 ,h OF THE MUNICIPAL CODE. Applicant is requesting a sideline setback reduction from 25' TO 10' in a portion of the SW14 of Section 26, T5N, R73W of the 6th P.M. Senior Planner Joseph reviewed the staff report noting some relief is warranted and granting a variance will not impact BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment May 5,1998 Page 2 neighboring property. Correspondence was received from: Thurmond A. Williamson, property owner to the west, requesting denial of the variance. Also correspondence was received from Mr. and Mrs. Ledward, 480 Upper Larkspur Road, who requested additional detail and clarity and denial at this time. Applicant’s representative. Bill Van Horn (Van Horn Engineering and Surveying), tried unsuccessfully to contact The Ledwards prior to the meeting to discuss their concerns. Mr. Van Horn stated the Applicant is trying to place the house on the lot as unobtrusively as possible. To further explain and clarify the area, Mr. Van Horn submitted several photographs. Discussion continued. Chair Baudek stating Mrs. Chittwood (neighbor to the east) has no objection to the variance. Recognizing the Applicant has submitted a plan without adverse effect to neighbors and due to the uniqueness of this lot (narrowness, steepness), a hardship exists, it was moved and seconded (Newsom/Barker) approval be given for the requested variance (reduction of 25’ setback to 10’ on the west side) for Lot 10, Block 2, Park Entrance Estates, and it was approved unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. Member Sager stated the application was lacking required information which is noted on the variance application. Mr. Van Horn apologized and stated future applications would be complete. LOT 11. BLOCK 3. COUNTRY CLUB MANOR. 411 COLUMBINE AVENUE. GEORGE MCCLEARY/APPLICANT - VARIANCE REQUEST FROM SECTION 17.08.030 (321 OF THE MUNICIPAL CODE. Applicant is appealing Staff determination that the proposed dwelling unit does not meet the definition of Accessory Dwelling. Senior Planner explained the background of the request. Applicant would like the option of renting in the future. Mr. Joseph read correspondence received from Town Attorney White and also noted he received a telephone call from neighbor, Robin Randall, who agrees with Staffs interpretation of the Code and requests denial of the request. Applicant does intend to renovate regardless of the decision given today. Applicant, George McCleary, stated the garage has not been used as a garage and has a separate entrance (Lot 5 is also owned by Applicant). Today a stone road is being constructed and he has further plans to improve the home which will enhance the neighborhood. He is looking to the future when the house may be sold and would like to have the rental option available. Mr. McCleary would rather not complete the ‘porch’ area as he would prefer to utilize it as an enclosed porch and does not believe the renovation costs would be worth the improvement. Recognizing Staff and Town Attorney White’s interpretation of the Code is correct (i.e., allowing porches, breezeways, and other partially enclosed spaces to be counted as part of the main structure would compromise the intention of the Code to limit accessory dwelling units as defined in the Code.), and that a variance may not be granted to allow an Applicant to make more money or make a property more valuable, is not sufficient in and of itself to sustain a variance, it was moved and seconded (Sager/Barker) to deny the variance request for Lot 11, Block 3, Country Club Manor, 411 Columbine Avenue, and it was approved unanimously. REPORTS - None There being no further business. Chair Baudek adjourned the meeting at 9:18 a.m. Roxanne S. Botic, Recording Secretary