HomeMy WebLinkAboutMINUTES Board of Adjustment 1999-08-10BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
August 10,1999
Board:Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne
Newsom and Al Sager
Attending: Chair Baudek, Members Jeffrey, Newsom and Sager
Also Attending: Senior Planner Joseph and Recording Secretary Wheatley
Absent: Member Barker
Chair Baudek called the meeting to order at 8:00 a.m.
CONSENT AGENDA
MINUTES
The minutes of the July 13,1999 meeting were accepted as presented.
LOT 44, BLOCK 1, FALL RIVER ESTATES, FALL RIVER ESTATES, INC.,
APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 OF THE
MUNICIPAL CODE. Senior Planner Joseph reviewed the staff report. The
applicant is requesting a variance from the required 25 ft. setback down to a
minimum setback of 15 feet. This variance request is part of an effort to re
configure an existing CO lot and an existing outlet. The existing CO lot is entirely
covered with wetlands. The site plan submitted with this request shows the
proposed re-configuration that would allow development to be located outside the
wetlands. To complete this request the Planning Commission and town wou|d
need to approve an Amended Plat, and a Development Plan, as illustrated with
this submittal.
In general staff supports this approach to protecting the existing wetlands- ^
variance as requested is justified to avoid unnecessary disturbance to wetlands
and move the development footprint away from the river and the flood plain. The
proposed building footprint is a good fit on this site given the terram and easting
trees. Condition 3 requesting an accurate survey with the location of all trees
with a 12” diameter or greater be provided has been fulfilled.
Paul Kochevar of Estes Park Surveyors was present representing the aPP!,cant
and answering questions from the Commissioners. The square footage of the
existing outlet and of the proposed reconfigured outlet is almost equal. Current
Town zoning has no restrictions per se for wetlands. A separate permit with
regulations would be required from the Corps of Engineers. The Corps would
require a one-to-one replacement of wetlands in this case.
Ken Czarnowski, adjacent property owner, expressed his concern that there was
an earlier exchange of an outlot, and now the setbacks were being reduced.
Visual impairment to the area will be significant. He feels thisis not a hard^'P
case and mere is no justification to allow a variance. He would prefer they work
with the Corps of Engineers and maintain the existing outlot.
Commissioner Saqer requested some reference points on the plat in order to
locate the building site. Paul Kochevar advised that it would be possible tomeet
the 25 foot setback, but it would not be as good a plan. If a permit is require
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
August 10,1999 Page 2
through the Corps, the price jumps dramatically. Commissioner Sager asked if it
was possible to cantilever the deck over the wetlands without having to go to the
Corps. Mr. Kochevar advised it was possible but still at a higher expense. This
building is less than half of what could be built on this lot. The subdivision was
developed when the wetlands area was not regulated. Current owners have
owned it for over 28 years. Commissioner Sager read from the Board of
Adjustment Powers & Duties: ‘The fact that the variance, if granted, will allow him
to make more money or make a property more valuable, is not sufficient in and of
itself to sustain the variance, where he can make a lawful use of the property, in
compliance with the Code provision of the same character as other lawful uses
within his zoning district.” Mr. Kochevar stated this is a hardship since the
change and requirements came into effect after the applicant had owned the
property.
If the Board approves this request, it would go to Planning Commission for review
and approval of an amended plat and a development plan. Senior Planner
Joseph explained the reasoning why the BOA reviews the variance before the
development plan/amended plat goes to Planning Commission.
Based on the statement from the Powers & Duties and the fact that the building
can be built without extraordinary expense and still be within setbacks, it was
moved and seconded (Sager/Newsom) to deny the variance request for Lot
44, Block 1, Fall River Estates and it passed unanimously.
REPORTS-None.
There being no further business. Chair Baudek adjourned the meeting at
8:33 a.m.
Discussion by the Commissioners regarding the quality of plats and appropriate
markings on the site to indicate location of the building followed the meeting.
They requested that staff look into the possibility of requiring more detail and
report back at the next meeting.
'Ty\0AAjfM±O /J______
Meribeth Wheatley, Recordirfg Secretary