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HomeMy WebLinkAboutMINUTES Board of Adjustment 2022-09-13 Town of Estes Park, Larimer County, Colorado, September 13, 2022 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting was held virtually in said Town of Estes Park 13 day of September 2022. Committee: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Jessica Garner, Senior Planner Jeff Woeber, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Vice-Chair Newsom called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 3-0. APPEAL-Use of shipping containers 280 North Court Director Garner Chair Moreau recused himself from the Board for this item as he was the appellant. Jeff Moreau, appellant, requested a review of the Estes Park Development Code (EPDC) to determine if shipping containers are allowable accessory structures for outdoor storage in a residential area. The property owners at 280 North Ct submitted an application for a building permit in March 2022 to store two 8'x20' shipping containers on the property. The containers are in addition to one 90.4-square-foot storage shed listed on the survey. The Planning and Building Divisions approved the permit on March 31, 2022. The property owners own and operate a T-shirt shop in Estes Park. According to the owners, the shipping containers are on the site to store overstocked items from their store and personal items from the primary dwelling. Director Garner requested the appeal be dismissed and introduced Town Attorney Kramer to explain. Attorney Kramer explained that an appeal could only be made within 30 days of the permit being issued. Since the permit was issued on March 31, 2022, and the appeal wasn't applied for until July, the Board of Adjustment is not the proper place to hear this. Attorney Kramer requested the appeal be dismissed by the Board of Adjustment and asked the appellant to bring the appeal to the Community Development Department. Member Holtzman asked why this information was just being brought to the Board. Attorney Kramer answered that he was aware of the situation but unaware of the date of the permit issuance until recently. It was moved (Newsom) to dismiss the appeal to not allow shipping containers in a residential Zoning District for the subject property addressed as 280 North Ct. in the Town of Estes Park. The motion failed due to a lack of a second; therefore, the appeal was closed. VARIANCE REQUEST 445 Skyline Dr Senior Planner Woeber Senior Planner Woeber reviewed the staff report. The applicant requests approval of a variance to allow a reduced rear setback of zero feet (0') in lieu of the 15 feet required and side setbacks of 0 feet and 4.2 feet in lieu of the 10 feet required in the Board of Adjustment, September 13 , 2022 – Page 2 R-1 (Residential) Zone District under Section 4.3.C.4. of the Estes Park Development Code (EPDC). An Improvement Survey showed the patio encroached slightly over the property line, approximately 4 inches. While this portion was reconstructed, the zoning violation for setbacks remained. The block wall/patio was on the property line on the south and the west (a zero-foot side setback and rear setback, respectively). Staff recommended approval of the proposed variance described in the staff report, with setbacks consistent with the Improvement Survey Plat. DISCUSSION: The history of property setbacks and plats was reviewed at the request of Chair Moreau. Member Holtzman stated that the alleged drainage problems need to be addressed and fixed. Property owner Glen Schultz described the history of purchasing the house. The house was a cash purchase; therefore, a bank survey did not happen. He was made aware that there might be a property line issue the day before closing. The previous owner indicated that 'patios did not need permits at one point in time'. The encroachment onto the adjacent property has been fixed. There were "pop-up" drains off the gutter system, which were moved onto his property when the encroachment was fixed. To his knowledge, the patio drainage does not drain onto the neighbor's property. Regarding the noise issue, they have been on the property less than six times; however, the Discovery Lodge is right there as well, with 100+ rooms making noise. PUBLIC COMMENT: Marcia Rothschild, neighbor, reviewed her concerns about the patio, confirming that the Board received and viewed her submitted video. Comments summarized: She lived in Los Angeles in 2016-17 when the deck was constructed and assumed a permit was issued. The "Development Proposal Under Review" sign for this meeting was not placed in a visible spot. The drainage has caused severe erosion in her yard. When a property changes hands and the neighbor has an issue with something, it should be moved to an urgent matter. The encroachment issue was disputed with the building department prior to the house being sold. Someone other than the building department should have been made aware of the dispute to keep the final decision from being biased. Was unable to afford a survey of the property. Has offered over $7,000 to the Schultz' for the patio to be removed from the setback. The following people spoke on behalf of Ms. Rothschild's concerns: Marni Shymkus, Michael Bodman, Madison Rothschild, Cynthia Elkins, Jacob Barleen, Morgane Barleen, Cathy Lewis, Bontiea Goss, Rosemary McArthur Chair Moreau closed the public comment and asked if the Board had any additional comments. Holtzman reminded him that the alleged drainage problem had not been addressed, which Moreau said he would address in a moment. Moreau stated that given that the previous owners would not have been able to receive a building permit to elevate the area and place a patio at the property, it was his understanding that even if you were building it on-grade and not elevating the patio, that it could not be any closer than three feet to the property line. Minimally, the patio should be brought back to the six-foot edge of the southwest corner and at a maximum (sic) the legal setback distance. This should not be allowed to remain, ignorance of the code is not an excuse, and we ought not to approve the variance. It was moved and seconded (Newsom/Holtzman) to deny the patio variance request for a rear setback of 0 feet and side setbacks of 0 feet at the south property line due to no original permit. It does not meet the setbacks, and no permit was applied for. Had they gone through the steps, there was no reason to have not been in compliance. It was moved and seconded (Moreau/Holtzman) to approve the 4.2-foot shed variance at the north property line for the subject property addressed as 445 Skyline Drive in the Town of Estes Park. Board of Adjustment, September 13 , 2022 – Page 3 Both motions passed 3-0. REPORTS The Comprehensive Plan is nearly finalized, with an anticipated date of bringing it to the Planning Commission in November and the Town Board in December. It was decided to abolish moving meeting dates after a Monday holiday to the following week starting in 2023. There being no further business, Chair Moreau adjourned the meeting at 10:40 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary