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HomeMy WebLinkAboutMINUTES Planning Commission 1979-07-17BRADFORD PUBLISHING CO.» DENVER RECORD OF PROCEEDINGS Planning Commission '/July 17, 1979 Commission:Chairman Sager, Members Blair, Graves, Hix, Houston, Rumley, and Swickard Chairman Sager, Members Blair, Graves, Hix, Houston, and Rumley Also Attending: Town Administrator Hill, Town Engineer/Planner Widmer Attending: Absent:Member Swickard The minutes of the June 18, 1979 Planning Commission meeting were sub­ mitted and approved. LOT SPLIT - BROOK DRIVE SUBDIVISION (LOT 1, TWIN VIEW ADDITION): Attorney Neil Piller, on behalf of Helmut Brunner, presented Brook Drive Subdivision which divides Lot 1, Twin View Addition according to a previous illegal division. Mr. Piller explained that Mr. Brunner obtained the easterly portion of Lot 1, Twin View Addition through a foreclosure and was unaware of the illegal lot division. He also ex­ plained that the resulting parcels would meet minimum lot areas allowed in the R-1 zoning district and, therefore, would not increase the density already allowed. Mr. Piller stated that the Planning Com­ mission has the authority through Chapter 16.40 of the Municipal Code to waive the requirement of all property owners signing the petition and that the Town cannot refuse a building permit because the division occurred prior to the ordinance restricting building permits being adopted. Correspondence regarding the proposed division was received from the following: Town Engineer/Planner Water Superintendent Light Ss Power Director Town Attorney June 12, 1979 June 5, 1979 June 1, 1979 June 8, 1979 Glen Spaur, Robert Ault, and Janet Romer, residents of the neighbor­ hood, appeared speaking in opposition. Letters in opposition were also received from Robert W. Ault dated March 31, 1979 and Harry J. and Janet S. Romer dated April 2, 1979. Member Jack Rumley, also a resi­ dent of the neighborhood, requested permission to abstain from voting which was granted by the Planning Commission. Member Duane Blair moved the Brook Drive Subdivision be recommended for denial to the Board of Trustees. Member Graves seconded the motion and upon roll call the motion passed by the following votes: Those voting "Yes" Members Duane Blair, Byron L. Graves, Charles F. Hix, Margaret Houston, A1 Sager. Those voting "No" none. Members Jack T. Rumley abstained. LOT SPLIT - SCHUSTER SUBDIVISION (LOT 8, BUENNA VISTA TERRACE): Bill Van Horn, representing the Schusters, presented the 'Schuster Sub­ division which proposes to divide Lot 8, Buenna Vista Terrace into two parcels of .743 and .484 acres each. Letters regarding the divi­ sion were received from the following: Town Engineer/Planner Light & Power Director . Estes Park Sanitation District July 10, 1979 July 2, 1979 July 12, 1979 Member Byron L. Graves moved the lot split be favorably recommended to the Board of Trustees subject to (1) the fence along the north boundary of Lot 1 being removed from the street right-of-way prior to Town Board approval and (2) that a power line be extended from the northeast corner of Lot 34 to serve Lot 1 in accordance with Section 16.28.230, and that the Planning Commission finds the following facts with respect to the request: 1. That there are special circumstances or conditions affecting BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Planning Commission - July 17, 1979 - Page Two (2) the property; 2. That the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioners; 3. That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioners is situated or in conflict with the purposes and objectives of Title 16 of the Municipal Code. Member Rumley seconded the motion and upon roll call the motion unani­ mously carried. INFORMAL PRESENTATION - RELOCATION OF FALL RIVER LANE IN ELKHORN ESTATES Bill Van Horn presented an informal proposal to relocate Fall River Lane in the portion of Elkhorn Estates owned by Mr. Arthur Hyde. The new street right-of-way proposed would go around the Fall River Chuck- wagon and line up with Fall River Lane in Booth Resubdivision and Elkhorn Club Estates. Also, the street right-of-way would be increased from the existing 50' width to 60'. If the road were relocated as pro­ posed, the existing lots in Elkhorn Estates would require boundary line adjustments. Members of the Planning Commission reacted favorably to the proposal and felt that it would improve an existing undesirable situation. ORDINANCE AMENDING 17.72.040 -BOARD OF ADJUSTMENT -SET PUBLIC HEARINGS: Member Byron L. Graves moved the following public hearings be scheduled for consideration of an ordinance amending Section 17.72.040 of the Municipal Code regarding the Board of Adjustment: Planning Commission Board of Trustees . August 21, 1979 August 28, 1979 Member Blair seconded the motion and upon roll call the motion unani­ mously carried. LARIMER COUNTY REFERRALS: BOLES EXEMPTION - Steve Boles presented the Boles Exemption which pro­ poses to divide a parcel located on the east side of Fish Creek Road approximately 1/2 mile south of U.S. 36 into four parcels ranging from 2.511 acres to 2.990 acres. The tract of land apparently was illegally subdivided by a prior owner and sold in separate parcels as now pro­ posed in the Boles Exemption.request. Three of the four proposed lots have improvements. Paul Van Horn, representing the Fish Creek Associa­ tion, and Giles Gere, representing the EVIA, spoke in opposition to the exemption request particularly regarding the access, road standards and number of lots being created. Gene Kreider, owner of one of the proposed tracts, requested additional time to review the plat and check it with his improvement plat. Thomas Eaton, resident on Fish Creek Road, appeared on behalf of Gordon Pedersen stating that Mr. Pedersen is unaware of the exemption as proposed. Member Duane Blair moved that the Boles Exemption be recommended for denial to the Larimer County Commissioners because it does not meet all of the guidelines for exemptions and not all of the property owners involved are properly informed. Member Houston seconded the motion and upon roll call the motion unanimously carried. DIETRICH VARIANCE REQUEST - Lois Dietrich appeared on behalf of her request to add a kitchenette to her home located on Lot 15, Hondius Heights. Because the addition of a kitchen will create an independent living unit in her residence, a variance is being required to allow a two family dwelling in an E-Estate zoning district. Ms. Dietrich explained that there will be no change in the outside configuration of the house and that she will not be renting any portion of her home. BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Planning Commission - July 17, 1979 - Page Three (3) Giles Gere spoke in favor of the variance and commented that if the independent living area were considered a guest house (which he said is not defined in the zoning regulations), then it would be permitted in the E-Estate zone. Mr. Charles Whiting, resident of the neighbor­ hood, said that he did not object to Ms. Dietrich's plans but that the covenants do not allow a duplex. Member Duane Blair moved the variance request be favorably recommended to the Larimer County Board of Adjustment. Member Hix seconded the motion and upon roll call the motion unanimously carried. HALL VARIANCE REQUEST - Pam Hall appeared requesting a variance from the definition of a "lot" which requires frontage upon a public right- of-way. Her exemption request for a tract of land north of Marys Lake created two lots which have guaranteed private access but not public access. Giles Gere appeared speaking in favor of the variance request. Member Byron L. Graves moved the variance request be favorably recommended to the Larimer County Board of Adjustment. Member Hix seconded the motion and upon roll call the motion unani­ mously carried. CHATEIELD VARIANCE REQUEST - Dr. R. C. Chatfield submitted a variance request to allow a 9' setback on his rear property line rather than the required25' on his property located on Fish Creek Road just east of Brook Drive. Giles Gere spoke in favor of the variance stating that due to the topography of the lot, adjacent property owners should not be adversely affected. Member Duane Blair moved the variance request be favorably recommended to the Larimer County Board of Adjustment. Member Rumley seconded the motion and upon roll call the motion unanimously carried. BAKER VARIANCE REQUEST - The Planning Commission reviewed the variance request originally submitted by Lee Baker in 1976 regarding a 20' set­ back and 10' setback from the front and rear property lines, respective­ ly, and the use of the accessory building on a tract of land located on U.S. Highway 34 near its junction with Mall Road. The tract of land involved is only 55' in width and the building already constructed cannot meet setback requirements without a variance. The B-Business zoning district allows minor auto repair uses associated with filling stations but not major auto repair. Ned Murray, partner of the Olympus Lodge, Giles Gere, and Marcella and Harvey Coleman spoke in opposition to the variances particularly allowing a full auto, service garage. Member Houston moved that the setback variance be recommended for denial to the Larimer County Board of Adjustment. Member Rumley seconded the motion and it passed by the following votes: Those voting Yes Members Blair, Graves, Hix, Houston, Rumley. Those voting "No" Member Sager. Member Blair then moved the variance to allow a major auto repair use in the B-Business zone be recommended for denial. Member Houston seconded the motion and upon roll call the motion unani­ mously carried. Chairman Sager announced that any suggestions regarding the 1980 budget in addition to regular Planning Commission expenses be submitted to the Town Administrator by August 24, 1979. There being no further business, the meeting adjourned. Joan Van Horn, Secretary