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PACKET Estes Valley Board of Adjustment 2011-10-04
Prepared: September 23, 2011 Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, October 4, 2011 9:00 a.m. — Board Room Town Hall 1. PUBLIC COMMENT 2. CONSENT Approval of minutes dated September 13, 2011 3. METES AND BOUNDS PARCEL, 810 RIVERSIDE DRIVE Owner: Jim Spurgeon Applicant: Tom Bergman Request: Variance from EVDC Section 4.3, Table 4-2, which requires a 25 foot setback from property lines in the E-1 zone district. Request to allow a 1.5 foot encroachment into the front setback and a 9.9 foot encroachment into the side/rear setback to construct a proposed attached garage to the existing dwelling. Staff Contact: Dave Shirk 4. METES AND BOUNDS PARCEL, 1810 WINDHAM LANE, CONTINUED FROM SEPTEMBER MEETING Owner: Harold Haunschild Applicant: Steve Nickel Request: Appeal of staff decision in determining the proposed structure: 1) Constitutes a detached accessory dwelling unit; and, 2) The accessory structure is not clearly incidental and customarily found in connection with the principal use. Request: Variance from EVDC Section 4.3, Table 4-2, which requires a 50-foot setback from property lines in the RE — Rural Estate zone district. Request to allow a 33-foot encroachment into the northwest setback and a 34-foot encroachment into the southwest setback to construct a proposed accessory structure. Staff Contact: Dave Shirk Continued on reverse 5. METES AND BOUNDS PARCEL, 1731 HIGH DRIVE Owner: Darrell & Laurie Franklin Applicant: Thomas Beck Request: Variance from EVDC Section 6.3.C.1 & 2, which disallows the alteration/extension of nonconforming uses/structures. Request to remodel existing detached garage into additional living quarters. Staff Contact: Dave Shirk 6. REPORTS A. Term Expirations — Wayne Newsom and Chuck Levine's terms expire February 28.2012. Both are positions appointed by Town Board. 7. ADJOURNMENT A meeting packet is available for review in the Community Development Department and the Estes Valley Library two business days prior to the meeting. The Estes Valley Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment September 13, 2011, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck Levine, and Pete Smith; Alternate Member Jeff Moreau Attending: Vice -Chair McCreery, Members Lynch, Smith, Alternate Moreau Also Attending: Director Chilcott, Recording Secretary Thompson, Town Attorney Greg White Absent: Chair Newsom, Member Levine Vice -Chair McCreary called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT A. Approval of minutes of the June 7, 2011 meeting. It was moved and seconded (Smith/Moreau) to approve the Consent Agenda as presented and the motion passed 4-0 with one absent. 3. METES AND BOUNDS PARCEL, 1051 SUTTON LANE Director Chilcott reviewed the staff report. The applicant requests 12-foot encroachment into the 25-foot side setback to construct a proposed attached garage. The property is zoned E-1 Estate, which requires 25-toot setbacks. The lot is long and narrow, and is undersized for the zoning district. With 25-foot setbacks on either side, building space is limited. The application was routed to affected agencies and adjacent property owners and staff received no opposition to the request. One adjacent property owner called in support of the variance. Staff found that the variance request complied with the review criteria in the Estes Valley Development Code (EVDC). Staff found that special circumstances exist and practical difficulty may result from strict compliance with the code. Staff recommended approval of the variance request, with two conditions, listed below. Staff Discussion None. Public Comment Sara Klieber/Owner stated her desire for an attached garage. Conditions 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (Lynch/Moreau) to approve the variance request with the findings and conditions recommended by staff and the motion passed 4-0 with one absent. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 13, 2011 2 4. METES AND BOUNDS PARCEL, 1810 WINDHAM LANE, APPEAL OF STAFF DECISION Director Chilcott reviewed the staff report. The applicant submitted an application for zoning approval for an accessory structure, and on August 17, 2011, staff determined the proposed structure was a detached accessory dwelling unit (ADU). According to staff interpretation, the structure was not clearly incidental and customarily found in connection with the principal use. Staff reviewed the overall design of the structure and determined a household could live independently in the building. Per the EVDC, the size of the lot (3.1 acres) was not sufficient for an ADU in the RE -Rural Estate zone district (3.33 acres required). Director Chilcott stated attached ADUs are allowed in the Estes Valley on lots that are 1.33 times the minimum lot size for the zone district, while detached ADUs are not allowed. Director Chilcott reviewed the plans for the proposed structure, stating it had all the components of an ADU. There was an existing dwelling unit on the property, and staff determined this proposed structure was not a usual and customary use, as described in the EVDC. She explained the property owner does have other options, such as an additional attached living area with an accessory kitchen, provided it was deed restricted. She stated staffs decision was reviewed by Town Attorney White. Public Comment Betty Nickel/Applicant stated the structure was designed as detached because the existing dwelling already lies within the setback and a detached unit was the best design for the narrow, difficult lot. The property owners wanted to keep the rock outcroppings and stay out of the view corridor of the neighbors. Mrs. Nickel stated ADUs have been an issue for several years. The code was amended to allow accessory kitchens, of which the definition stated must have a cooktop and an oven with either a 220V electric line or gas line. She stated the functions in this building are incidental to a single-family dwelling, and do not contain cooking facilities. It was her opinion that they met all the requirements of the code. Steve Nickel/Applicant disagreed with staff's referral to a 2006 decision to support their interpretation of the code. He did not agree with staff's determination that the proposed accessory structure was an accessory dwelling unit. Mr. Nickel mentioned the on -going and unresolved hearings by the Estes Valley Planning Commission concerning ADUs, and referred to amendments made to the EVDC concerning accessory kitchens. Discussion occurred among staff and the Board as to whether or not the incidental uses in the structure were typical, and about the process staff used to make the determination of the accessory dwelling unit. Director Chilcott stated the structure was looked at as a whole, and that the proposed structure was not typically found on a lot in the Estes Valley. Vice -Chair McCreery stated he could see both sides of the issue, and suggested tabling the item until the Planning Commission could establish guidelines for detached ADUs. Harold Haunschild/Property owner stated the topography of the lot made it impractical to add on to the existing dwellling. Ilf they could, they would add all the proposed rooms to the existing dwelling. If the rules changed, he would probably not change the design of the proposed structure. He believed the application complied with the current code because there was not a kitchen included. Attorney White stated that staff reviews the overall design, and he agreed with staff that it was a dwelling unit. ADUs are not allowed in the Estes Valley. This was a policy decision approved by Town Board and the County Commissioners. He did not see a code amendment addressing detached ADUs in the near future, due to the controversial and complicated nature of the issue. Attorney White explained the Board of Adjustment did not have the ability to grant a use variance. The Board could find that the proposed design is a structure and not an accessory dwelling unit, which would be a finding against the staff decision. As a structure, the Board would have to find that it is a clearly customary and incidental use. That finding could be based on the absence of a full kitchen. Comments were made that the building has numerous uses, and the overall impact seems to be more than incidental. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 13, 2011 More discussion occurred among staff, the Board, and the applicants as to what constituted an accessory dwelling unit, the labeling on the plans, the consequences that could occur if the property is sold, and enforcement of the use once the structure is built. Mr. Haunschild stated his willingness to remove the kitchenette, while maintaining his belief that the structure complied with the current code. Attorney White stated a 2-2 vote would uphold the staff decision. The applicants could resubmit a new plan to staff at any time, based upon the decision of the Board. Any decision would be based on the submitted application. Attomey White stated the applicant also has further rights of appeal, with district court being the next step. Mrs. Nickel expressed her opinion that the property owner's right would be compromised if they were not allowed to build the structure. Director Chilcott offered the option of continuing the application to allow the applicant to resubmit a new design without the kitchenette, if the applicant chooses to do so. If the cooking facilities were removed, staff would most likely determine the structure did not contain all the components necessary for an accessory dwelling unit. Member Lynch asked Mrs. Nickel to read the last two paragraphs of her letter to staff dated September 2, 2011 (included with staff report). The applicants believe staff is struggling with a code issue they should not have to interpret, and would like the governing bodies to make clear decisions concerning accessory structures and accessory dwelling units. Member Lynch agreed with her comments. Attorney White stated a motion to continue would allow the applicant time to remove the kitchenette from the project, and adjust other designs. They could also choose to leave the design as is and continue with the appeal and variance request as originally submitted. He reminded the Board that they need to look at how the current land use code applies to the application, and base their decision on the facts at hand. He agreed that this part of the code is very difficult for staff and applicants alike. Vice -Chair McCreary and Member Lynch were supportive of the applicant. Vice -Chair McCreery stated his desire to speak to the Planning Commission about this "one size fits all" issue. It was moved and seconded (Lynch/Moreau) to continue the appeal decision and the variance request until the next regularly scheduled meeting and the motion passed 4-0 with one absent. There being no further business, Vice -Chair McCreery adjourned the meeting at 10:24 a.m. Bob McCreery, Vice -Chair Karen Thompson, Recording Secretary Riverside Drive Setback Requests Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: October 4, 2011 REQUEST: Variance from the E-1 Estate 25-foot setback requirements for the east and west property lines. LOCATION: 810 Riverside Drive, within unincorporated Larimer County How to get there: The site is located on the east side of Riverside Drive, across from Manor RV Park (approximately'/4 east of Marys Lake Rd) APPLICANT: Van Horn Engineering (Tom Bergman) PROPERTY OWNER: Jimmy Dale Spurgeon SITE DATA TABLE: Engineer: Van Horn Engineering Parcel Number: 3535100041 Development Area: .5 acres Existing Land Use: Single-family residential Proposed Land Use: Same, with new garage addition Zoning Designation: E-1 Estate Adjacent Zoning: East: E-1 Estate North: A Accommodations West: A Accommodations South: A Accommodations Adjacent Land Uses: East: Single-family residential North: Accommodations (Manor RV Park) West: Accommodations (Manor RV Park) South: Accommodations (Manor RV Park) Services: Water: Town Sewer: UTSD PROJECT DESCRIPTION AND BACKGROUND: The applicant requests a variance to Table 4-2 "Base Density and Dimensional Standards" of the Estes Valley Development Code to allow an east setback of 15-feet and a west setback of 23-feet in lieu of the 25- foot setback required (25-foot setback applies to all property lines). The purpose of the request is to build an attached two -car garage (in conjunction with converting the existing garage into living space). The west setback would typically be reviewed by staff as a minor modification because it is within the 10% reduction allowed by staff. However, due to the associated east setback, staff has forwarded the west setback as a variance request instead of a minor modification. The site will continue to use the existing driveway located north of the house, which has poor driveway visibility. Due to the poor site visibility, staff wanted to ensure the new addition would not compromise the ability for vehicles to turn around in the driveway to exit onto Riverside facing forward, instead of having to back out. The consulting engineer has included a turning radius design that indicates ability to do so, though larger vehicles will need to conduct a three-point turn. Aerial photo and site plan attached. Staff waived architectural renderings due to minimal design (a one story 24' x 24' box). REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to reviewing agency staff for consideration and comment. At the time of this report, no significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. FINDING$: 1. This request complies with review criteria set forth in Section 3.6.0 of the Estes Valley Development Code. 2. Special circumstances exist and practical difficulty may result from strict compliance with Code standards. 3. The variance is not substantial. 4. The essential character of the neighborhood would not be substantially altered, nor would adjoining properties suffer a substantial detriment. 5. The variance would not adversely affect the delivery of public services. 6. The variance represents the least deviation from the regulations that will afford relief. 7. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. av Estes Valley Board of Adjustment, October 4, 2011 Riverside Drive Variance Requests Page 2 of 3 "II'u'ylu iZ' 4G��,r;i�f��iJ�//,�srui�i'r���i¢i/ii%l/%j%%%%��>%��%�� ' oi!Vw4mi, � � d°.I � ulu '� �I" "" M. •; %''j�fi �'9YI'iie�� "',gyp ���N;�IVIIIIVII�'� �iYl�ll,l,i,i;h� �,Illl "Ipi,',11,1,1'v1 fr I ry ''I,a 'voli I dl '� i ' "I 0 �i lio ii"' N• I. �I 1^',' id 'i�0°P I'il� 'Y44'�m'"° utli'I"ICI ^I ";11d 'IIY J';0 ill ol� . ! '�,.inn ,. "1"iIIVI"'"„ulv,� IIY !) IV �dY I I. I I I I I h^ eV I �I I V Ad � 4 l i .I I i V �lil � II ��� �� I VT I I L.I. IY�� I I lu I III I I � �9 m I� l I I� I I � Id I. 1 Y l n I A i � Flo ����� of � I 1 dJP� I I 1 I �� Ills �m Vmm I VM l i .� .� I u V Ili I i � P iWi I ��i IIH� m� � p � ii it pp�l���1g1 i i Ii JI I i I uli I. � itII i��.l YiP� i�il �IIII� � '4 IIIIi � �l iu li ^ii ill�����llie „�,���,��JI,wv1A �lll�f....I,rlu'��.vl�������dpIIII�I��,�uPI��116 up �I lo����II�I��IPI �o�� QVI��191w,lulllllll 8. The submitted conditions or circumstances affecting the property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 9. Failure to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. STAFF RECOMMENDATION: Approval conditional to: 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. SUGGESTED MOTION: I move APPROVAL of the requested variance(s) with the findings and conditions recommended by staff. Estes Valley Board of Adjustment, October 4, 2011 Riverside Drive Variance Requests Page 3 of 3 IIVIV. ACCOMMODATIONS (A) ZONING Sad.: 1'-30' 40. ROAD RIGHT-oF- LAMM ® ELECTRIC METER ® GS METER 0 our( POLE OVERHEAD UTRITY UNE 0 FOUND 10011LAIENTATIO6 • ALIQUOT MONULIENTATION 00,00 IAFASURED DIMENSIONS (Oo.00) DEEDED 0610510N5 FOUND CAP 32520 (BEARS S8,111.40 W 55.74' FROM HE 1/10 CORNER) 4711Yr�1" ESTATES-1 (E1) ZONING 21' TURATHG RADIUS. 10' AXLE LENGTH PROPoSFD GARAGE (24..241 WITH y _DECK ABOVE. (TWO STALLS PAID SHOaRVORAGE SPACE ON NEST SIDE) FFE-7540.2 DECK 11E-7641L2 EXISTING LOWER LEVEL GARAGE TO „ BE CONVERTED TO IN000R LNIIIO SPACE/STORAGE/YECIAM0M. /n }NEIGHB�I'S RURAL ESTATE (RE) ZONING SHOULD NOT REPRESENTAS A SURVEY NOR A LAND SURVEY PLAT. 2. 01INERSNIP AND EASEMENT ON WARRANTY GEED REOORDED AT 3Y . i PROP LY ESTATE-1 (El) DI THE ESTES VA, CODE. WIDCH REQUIRES 25' FRONT BULEWIG SETBACKS. 4. BA415 OF BEARIFOS 5 FROM C0RP R Of SECTION 35 ON THE NE 1/l6 conCR OF SECTION 35 BEARMG 501' 10'OOYN. BEING END BY A 3 1/4' SASS CAP A5 5. LOCATION OF THE RIVERSIDE 536/S26 15 FROM A PREVIOUS w� GATED 12/10/2010, PROJECT N0. YEIRT SCALE: r=foo NORTHEAST 1(.1H coRNER ON A i" � FOIRID 31y' BRASS DP STMIPED 1696 PL5 15760 WA THE. CORNER OF THE SW 1/4 OF THE ►E I/..PN4 OF me SECIoto',.;n ESTATES-1, (El) ZONING ti 7� °lu, hI °ii�l y lyti '� 11 4°� ��ill l�Ii�:1��l�0��Y���i���1n���u P.D. Box 568 • Estes Park, CO 80517 Ph: 970-5864544 • Fax970-586-1049 www.utsd.org August 31, 2011 Dave Shirk, Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Variance Request Garage Addition 810 Riverside Dr. Dear Dave: The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the proposed variance request. 2. According to District records, the proposed garage building site is located directly above the existing sanitation service line. As it is the sole responsibility of the property owner to maintain this private service line, the District is absolved of any responsibility regarding compromised access, maintenance or damage to the service lateral caused by this addition. If you have any questions or need further assistance, please do not hesitate to contact me. Thank you, Todd Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment UTILITIES & PUBLIC WORKS COMMENTS— Final/Public Review RE: Metes & Bound located at 810 Riverside Drive - Spurgeon Residence Variance Request DATE: September 28, 2011 DEPARTMENT: Town of Estes Park Water STAFF CONTACT: Water Superintendent Jeff Boles, jboles@estes.orL, 970-577-3608 COMMENT: Water has no comments or concerns with this request. DEPARTMENT: Town of Estes Park Light & Power STAFF CONTACT: Line Supervisor Todd Steichen, tsteichen@estes.org, 970-577-3601 COMMENT: Light & Power has no comments or concerns with this variance request. DEPARTMENT: Town of Estes Park Public Works STAFF CONTACT: Civil Engineer Kevin Ash, PE, leash s s. r 970-577-3586 COMMENT: This is a County lot. They want to add an attached garage. I found the installation of a camera to help see traffic from Riverside interesting, but it does not impact this application. Public Works has no comments or concerns. DEPARTMENT: Town of Estes Park Building Department STAFF CONTACT: COMMENT: Dave Shirk From: Sent: To: Subject: Dave - Traci Shambo [shambotl@co.Iarimer.co.us] Friday, September 02, 2011 2:31 PM Dave Shirk Metes & Bounds located at 810 Riverside Dr -Variance Request REFERRALFOR COMMENT Larimer County Engineering Department does not have any issues with the request. Based on the parcel data, Riverside Drive at this location has been annexed into the the Town of Estes. However, we have still reviewed the application and the proposed garage addition does not appear to have an adverse impact on the future function or maintenance needs of Riverside Drive. In addition, there appears to still be adequate space for vehicles to maneuver on the property and exit the driveway in a forward fashion. Traci Shambo, P.E. Larimer County Engineering Department 200 West Oak St, Suite 3000 P.O. Box 1190 Fort Collins, CO 80522 Phone: (970) 498-5701 tshmbow,larirrmr.or 1 Dave Shirk n: Stan Griep [sgriep@iarimer.org] .t: Wednesday, August 31, 2011 9:01 AM To: Dave Shirk Subject: Spurgeon Residence Variance Hello and good morning Dave, It appears the proposed addition would stfflhe far enough from property lines so as not to required fire rated wall assemblies, based on distance to property lines only. A building permit would be required for the addition. Two sets of wet stamped engineered foundation plans will be required along with the engineers overall review of the structure for high wind design area bracing. The project site is in a 138 mph 3-second gust high wind area and has a snow load design of 4o psf. The project engineer will need this design information for foundation design and the review of the overall structure for wind bracing requirements. Respectfully Submitted, Stan 'tan V. Griep ad & Commercial Plans Examiner Larimer County Building Department Ft. Collins, CO 8o522-Vigo Phone: (970) 498-7714 Fax: (970) 498-7667 August 20, 2011 Estes Valley Board of Adjustments Subject: Application for construction of an attached garage at 810 Riverside Dr, E.P. Request for a Variance under Section 3.6 Estes Valley Development Code Please allow me to address the special circumstances and conditions which exist at this location. 1.1 did not know that the house sat on a lot that is non -conforming to current ordinance requiring 1 acre or more in this section. This lot is .50 acres. Behind me Bo Williams property at 816 Riverside is 2.71 acres, has a fire damaged home, a small cabin used as storage and a distressed garage. Roger Steketee lives at 820 Riverside on .99 acres. His home has 1040 sq ft and 1162 sq ft of garage after he was able to add on to his existing structure. On the opposite side of the street at 821 and 829 Kundtz-Minor Subdivision are 2 small homes on .17 & .18 acres built by Habitat for Humanity and a 3rd building site is set aside for another home. Directly across from my home is Manor R.V. Park which sits on 11 acres accommodating numerous trailer/ry spaces, 6 converted houses used as rental cabins and the office facilities? So, this particular section of Riverside has a very diverse land usage. 2.1 have learned the history over time that the original Realtors office built at this site was then sold as a residential 1 bedroom home, and then improved to its present footage and configuration and a proposed road directly above me to straighten out Riverside was abandoned. On April 10, 2001 Larimer County told me the Quit Claim Deed No. 2001026628 was to Habitat for Humanity. A copy of this plat provided me at closing shows Riverside to the right side of my home as a straight not curved street. 3. The older section has a 1 car garage/laundry area where I cannot park my car for safety reasons. The other half of the downstairs has a small efficiency with a gas water heater and gas central heat unit. I see an extreme risk of fire and explosion if I kept a car down there. Our kitchen, living and bedrooms are all above this potential hazard. A 2 car garage would allow me to store my cars out of the weather in a safe, ventilated area with a fire wall between it and the home. 4. Due to the narrow shape of this lot and entry access it is impossible to place a garage to the rear of this home. The present driveway is a relatively new asphalt surface with room for 4 cars side by side and still room for each to back up and turn around. The front end of the driveway however was left with a crown in it which sheds melted snow toward the home which quickly refreezes to become a skating rink where we enter the home either through the garage door or to access either set of front steps. 5. The proposed plans for this one story, flat roofed structure would extend 17ft past the existing front deck. The driveway would be excavated to make room for the slab and eliminate the ice formation at my front entry. The top of the garage will be covered with a similar deck material and rails to match the home. This structure will in no way restrict the view of my neighbor's property which has not been occupied since it was fire damaged years ago. The width of this structure will be inside of the existing buildings dimensional footprint. 6. All the utilities for this home, electrical, water and gas enter from the rear so the current driveway over which this garage would be built will not interfere with any utility re -location. 7. Lastly, on a personal note. I am a 68 year old semi -retired Insurance Agent moving here from 12 miles outside of Galveston. My 31 year old agency is located in Texas City. I am keenly aware of building requirements to meet and exceed the wind loads here in Estes Park. In addition I have personally designed, built and supervised construction of 4 homes in Galveston County. I have either run from or stayed and weather through numerous hurricanes in the last 59 years. This addition, like my other projects will meet or exceed your building code. It will blend into the current structure, enhance the value and compliment the neighborhood. Thank you in advance for deliberation of my application. Jim Spurgeon Page 3 See below a rear left view of proposed garage boundaries at 24ft depth and 24 ft width. Actual increase from the current building face is l7ft since a portion of the garage will run under the existing deck. 4 111111111111111111111 Ilulu orII+NN;u' Y�N�I�I �'o' pI� I Y�Ip YI �� � ' �►' ��ry IV 411'1i II,I; IMi INI Vl �Niil,; NIIN III Il�li �ilol'� � � IIo!,�I II uu � '�u► �rl'I'�� uW�luupO�IpNINNII�V ��� ����� �ii�' ry'I Ik Ill 'IIIIYwI VI I I 'IVpNIIryY�llll�jupl u! M� 1111,11,1111111111111 Vl VI�VIII, 111111111111111111111111111111111011 ....II, ��1�Ip11� IIII'lll��j(I�'�� ldlill�lhvm .! vI�IIIIiV148Nb h1I"Vl Q,II ',;'�IIININP � 1111111111111111111111111111 „llhl s llllllpulllll1111111111111111111111111111I III � �II,� ^� iiiip�l�iluu �u 1111 lob 1 .c, 11111�1111111�1111 III1 • Page 4. See a side view of proposed Garage area. My Toyota Tundra 4 door Crew -max and my wife's 4 door Buick are parked end to end 12 ft away from the proposed exit from garage doors. Please note that there is still several more feet available where one car at a time could easily turn around so we can exit in a safe manner. On March 4, 2011 we moved into this home with a 26ft U-Haul truck. I came in head first up the icy driveway, turned the truck around at the location you see below. I backed up to the garage to unload, and then exited head first. We have had deliveries from Fed -Ex, and Swann's food's and no one has ever left this property nnsafely by backing out into traffic. To increase our safety I am installing a camera 160 ft up hill, around the curve mounted on my fencing to see traffic coming around the curve with visibility past the habitat for Humanity. Please refer to exact measurements presented by Van Horn Engineering. i�����•�4�'��rv„Ili%I.iJ!��Y"'%':"',��ui�Wl6,��l1"�V�imIIV�������gp���liVm�ul�i ��������� ���P���II'�I'��IIVI ��IYili lll�����iull��'i�'li l�!Ipi����ii��ii!ii�IVl�l'I�i6�l��n�ll il����ju��l 4illI N` ull �I ill ��Y ii1d�liIPM °OII�i�IIh'IIII'ildp'iillll�IYY�IIu�mR,I'��l,dii�ii,^';IdY�i;,'III11'd11I'!iiI�IY'I;"IIIIIh!illlu�VIIY „0llllllmlll'II;IIItl�IIPioIIIIIINI�I�I1oIIIINIII IIllNNllll�lll�llllll1l11lllllllullIlll' ' 'ill'illll10lull uuuuum ," II R III �IuIIIIIIIIIIIMIII I �IIIIII N uuuuuuu I�IIIIIIIII IIIIIIIIII I lll,ih'�m4;PAII „i8!mi M'M'IM'M'MdW�N'M'MM'RMM'M'M'�'MN'�'M'Mlllum IIII IIII I �V,III�m IIIVuiuuLa���mm0l .....�� I uuuuuuuuuuul�ulNuIAVVN�uN�l�a INNIVp!IN'N"0N IIIIIII IlpuoululilulNo uulul nom ,i11 1111111111111111111111111 III1IIIIIYIdI" 1r Ijlul1'11,1ll Apr . >OmIiNNlld" 1I11N101III11I1II111,,, lliii',m��y,, IN,��Nu11NW^�I����IIIIIII�pw�mpNl " l�ill���� a �IIIiYI�I�I 'iiP�ili"IIII,�I � I�i��pl�lq'll!!ol plpU6�hlm'IVIIIII!��;' 6II .,��q°4r � �W°mull"u10111i;, VIII"liiwllllllllul"l� IIl Illm°,IlpllI� III Immnnnnnnnlwlm� ouuul uuu0000ul �II�� NI ail IINVNV wuuu11111111111 um mm,„, @@@IINm IIII uli,illijWlhiijNu lm l!I, m,�. ,Iv,tt I��NlII� ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: Record Owner(s): wr. . Street Address of Lot: e_' Legal Description: Lot: Block: Subdivision: Parcel ID # : - 00 - p 1 Lot Size rD a err * S Zoning Existing Land Use �'. Proposed Land Use 6/Jerk(' r" . Existing Water Service IT Town in- Well !IIY Other (Specify) Proposed Water Service Town ( Well 'Ur"""' Other (Specify) Existing Sanitary Sewer Service r- EPSD ry UTSD i'"- Septic Proposed Sanitary Sewer Service l W EPSD UTSD i Septic Existing Gas Service F*-Xcel h""" Other I"""° None Site Access (if not on public street) 12.1A, el- 5+ t) e! . Are there wetlands on the site? III"" Yes No Variance Desired (Development Code Section #): 14- "' ( ,;,444r ( 23. ' 4, Cron' ` 15' •`t *o real 1.;•'.r7°, ,oar Name of Primary Contact Person r slet Complete Mailing Address 10 3 F - reek P CO (3 o ( i Prima Contact Person is "`" Owner 0P = • �: , - 'ineer !,'' Application fee (see attached fee schedule) ! Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) pi(' 1 copy (folded) of site plan (drawn at a scale of 1" = 20') " 1 reduced Dopy of the site plan (11" X 17") " The site plan shall include intimation in Estes Valley Development Code Appendix B.VI1,5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town or Estes Pak .as P.O. Box 1200.. 170 MacGregor Avenue. Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 4. Fax: (970J 586.0249 4. www.esies.org/ComDev Revised 11 /20/09 Record Owner1s) Mailing Address Phone Cell Phone Fax Email APPLICATION FEES For variance applications within the Estes Valley Planning Area, both Inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: itio://www.@st@s,grg/ComDev!Schedules&Fees/PlanninaAnolicationpeeScijedle.od f Ail requests for refunds must be made in writing. Ali fees are due at the time of submittal. Revised 11/20/09 APPLICANT CERTIFICATION �� P. I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: ► i understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. ► I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shalt result in my application or the approval of my application becoming null and void. II understand that full fees will be charged for the resubmittal of an application that has become null and void. ► I understand that I am required to obtain a' Variance Notice' sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road... I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no Dater than ten CIO) business days prior to the Estes Valley Board of Adjustment hearing. ► I understand that if the Board of Adjustment approves my request, "'Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3,6,D) Record Owner PLEASE PRINT. Signatures: Record Owner Applicant Revised 11 /20/09 Zoning Districts RM (Ord. 18-01 #14) § 4.3 Resldenllal Zoning Districts Table 4-2 Rase Density and Dimensional Standards Residential Zoning Districts Residential Uses: Max = 8 and Min Senior Inatltutional Living Uses: Max = 24 Single-family =1 0,000; Duplex = 27,000 40,000, 6,400 sq. ft./unit [4) [8] (Ord. 26.07 §1) Senior Institutional Living Uses: 1,4 Ac. Notes to Table 4-2: (i1 (a) See Chapter 4, §4,3,D, which allows a reduction In minimum lot size (area) foreingte-family residential subdivisions that are required to eet aside private open areas per Chapter 4, §4.3.0.1. (b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots In open space developments, (c) See Chapter 11, §11.4, which allows a reduotion In minimum tot size (area) for attainable housing, (d) Sae Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2.02 §1) [2] See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands, (Ord. 2-02 #6; Ord.11-02 §1) [3) If private wells or septic syatema are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." [4) Townhome developments shall be developed on parcels no smaller than 40,000 square feet; however, each Individual townhome unit may be constructed on a minimum 2,000 square foot lot at a maximum density of 8 dwelling units per acre. [5] All development, except development of one single-family dwelling an a single lot, shall also be subject to a maximum floor area ratio (FAR) of .30 and a maximum lot coverage of 60%. (Ord. 25.07 §1) [6] Zero side yard setbacks (known as uzero lot line development") are allowed for townhome davetdpments. [7] Minimum building width requirements shall at apply to mobile homes located In a mobile home park. [8] Si ;le-famtly and duplex developments shall have minimum lot areas of 18,000 eland 27,000 el, respectively. (Ord 18.01 #1[9] Ali structures shall be set back from public or private roads that serve more than four adjacent or off -site dwellings or lots. The setback shall be measured from the edge at public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1) [10] See Chapter 1, §1.9.E, which allows an Increase in the maximum height of buildings on slopes. (Ord, 18-02 #3) 25- arterials; 15-other streets 25 arterials; 15-other streets 80; Lots 26- Greater arterials; than 15-other 100,000 streets eq. ft.: 200 10 [6] 30 20 [7) Spurgeon Variance APO m 1-1 � O .i-1 rr-I rn-1 rn-1 O N fV rn-I r^-1 0 � LA M t!l to in to r•1 t1l t,1 Ll1 to N 00 00 00 00 CO000000 0000 0000 01 fN 0000 CO00COCCO�0000 1_ 0 0 0 0 0 0 0 U 0 0 0 0 0 0 Y � SC I I_ t 10 0 a s a a a a aa) c -a a a E a a a a co v W w A W W W W Ot. L c 0 c 0 831 Riverside Dr Leon & Sharon Wiese Judith Schreiber 775 E Riverside Dr PO Box 2745 820 Riverside Dr 871 South in 1771 Devon Rd Nichols Hills 7317 Lancet Ln Y Y C Y 0 O. a E a -. 4, y C Vi 4- W W 0 W 6834 S Franklin Cir c ro io a 0 o 0 lJ = OC o3 K 825 Kundtz Ln Renee Blancq 841 Riverside Ln PO Box 1379 815 E Riverside Dr, LLC PO Box 1669 Michael & Christine Kellam SPURGEON L ITE PLAN TRACT IN NW 1/4, NE 1/4, SECTION 35, T5N, R73W OF 6th P.M., TOWN OF ESTES PARK, CO (810 RIVERSIDE DR.) ,✓'� EAST 1/16 CORNER OF S35/526, FROM PREVIOUS VAN HORN SURVEY (SEE NOTE #5). SAID CORNER WAS SEARCHED FOR AND NOT FOUND. ACCOMMODATIONS (A) ZONING Scale: 1'-30' 1—STORY HOUSE LEGEND © ELECTRIC METER • GAS METER I1% UTILITY POLE —ONU-- OVERHEAD UTILITY LINE O FOUND MONUMENTATON GE ALIQUOT MONUMENTATION 00.00 MEASURED DIMENSIONS (00.00) DEEDED DIMENSIONS 1 ' LOW POINT (NE TIVE D': •: NAGE) 40' ROAD RIGHT—OF—W FOUND /4 REBAR W/ 1' PLASTIC CAP 32829 (BEARS 589'16'40W 56.74' FROM NE 1/16 CORNER) (RI) ZONING ESTATES-1 z (El) ZONING SPURGEON SITE PLAN "p6 810 RIVERSIDE DRIVE ESTES PARK. CO 80517 20' ACCESS (FROM B00 PAGE 371) FOUND PLASTIC CAP LS #532 ON A /4 REBAR (BEARS 0.30 FEET EAST OF 1/16 UNE OF SECTION 35 21' TURNING RADIUS. 10' AXLE LENGTH ^bs PROPOSED GARAGE (24'x24•) WITH DECK ABOVE. (TWO STALLS AND SHOP/STORAGE SPACE ON WEST SIDE) GARAGE FFE.,7640.2 DECK FIE'.7648.2 EXISTING LOWER LEVEL GARAGE TO BE CONVERTED TO INDOOR LIVING SPACE/STORAGE/MECHANICAL ""` 1—STORY HOUSE a NDGHERA'S -`,.. GRAVEL DRNE/PARIBNG (APPR(QA.) / RURAL ESTATES (RE) ZONING SEMENT 1205 1�THIS SNE PLAN 15 REPRESENTATIONAL ONLY AND SHOULD NOT BE REUED UPON AS A BOUNDARY SURVEY NOR A LAND SURVEY PUT. 2. OWNERSHIP AND EASEMENT RESEARCH 1S BASED ON WARRANTY DEED RECORDED AT RECEPTION NO. 20110014771. LAMER COUNTY RECORDS. 3. THE PROPERTY IS CURRENTLY ZONED AS ESTATE-1 (El) IN THE LSI LB VALLEY DEVELOPMENT CODE. WHICH REQUIRES 25' FRONT AND REAR BUILDING SETBACKS. 4. BASIS OF BEARINGS IS FROM THE N 1/16 CORNER OF SECTION 35 ON THE NORTH AND THE NE 1/16 CORNER OF SECTION 35 ON THE SOUTH. BEARING SO1'10'0014. BEING MONUMENTED ON EACH END BY A 3 1/4' BRASS CAP AS SHOWN HEREON. 5. LOCATION OF THE RIVERSIDE DRIVE RIGHT—OF—WAY AND EAST 1/16 CORNER OF S35/526 IS FROM A PREVIOUS VAN HORN SURVEY DATED 12/10/2010, PROJECT NO. 2006-07-21. VICINITY MAP SCALE: r=1000' SUBJECT PROPERTY 810 RIVERSIDE DR. NORTHEAST )(,TN CORNER OF SECTION 35, FOUND 314' BRASS CAP ON A 276' PIPE. STAMPED 1996 E CORNER OF THESW 1/4 OF THE NE THE NE 1/4 OF SAID SECTION) ESTATES-1 (El) ZONING '0I/ 414-06EE' rAx Ito SOS DAM 1810 Windham Lane Variance: Appeal of Staff Determination and Side Yard Setback Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: October 4, 2011 REQUEST: The below requests were continued from the September 13 meeting. LOCATION: 1810 Windham Lane STAFF CONTACT: Alison Chilcott STAFF REVIEW: This is an update to the September staff report. APPEAL OF STAFF DETERMINATION Building plans have been revised. Staff found that proposed accessory structure complies with Estes Valley Development Code Chapter 5.2 Accessory Uses and Structures, with the exception of the property line setback. This determination was based on factors, including, but are not limited to: a. The structure is not a detached accessory dwelling. There are no independent cooking facilities; the revised plans removed these facilities. b. The structure is a detached accessory structure that contains living space as described in the September submittal. c. The detached accessory structure may be customarily found in conjunction with: • Larger lots. This lot is over 3 acres in size. ■ Low -density neighborhoods. This lot abuts National Forest and an undeveloped lot with conversation easement (co -owned by the owner of 1810 Windham Lane). ■ Note: 1:4000 SETBACK VARIANCE Staff recommends approval of the setback variance for the modified application with the findings and conditions described on Page 4 of September staff report and the below. The variance request has minimal impact to neighborhood character due to lot size, location, and site planning. The lot: • Is over 3 acres in size • Is located in a low -density neighborhood • Abuts national forest • Abuts an undeveloped lot with conversation easement (co -owned by the owner of 1810 Windham Lane). The accessory structure is located to minimize impact: • No vehicular access to the accessory structure • Structure is screened and is located outside view corridors Estes Valley Board of Adjustment, October 4, 2011 Page 2 of 2 Windham Lane: Appeal of staff determination and setback variance Darrell and Laurie Franklin 5345 Mission Woods Road Mission Woods, Kansas 66205 Home phone 913 262 6127 Estes Park address 1731 High Drive • Property purchased in 2003 as a vacation home for our family. • Our property consists of two buildings. 1. Main cabin is a 772 sq. ft structure built in 1921. It has 1 bedroom and 1 bath. 2. A detached two story garage was built by the previous owner. The second floor contains a bedroom and bath. The first floor is currently used for storage and has a hot water heater and washer/dryer. 3. We have made considerable improvements to the property since we purchased it to improve the external appearance. • With the two structures we have a 2 bedroom, two bath residence. • My wife and 1 enjoy entertaining family and friends at our home in Estes Park. With 2 bedrooms we are limited on the number of people we can have in our home at one time and allow everyone comfort and some privacy. • We have not rented our home since we have owned it and have no plans to. • We would like to add a 3`d bedroom and bath to the first floor of the garage to expand our living space. 1. We would not be altering the footprint of the building in any way. 2. If needed, we would be agreeable to putting a restriction on our deed that the new bedroom could not be rented. 3. Our house was built in the corner of our lot in 1921, expanding that building is not a viable option because of the setback restrictions. 4. We are only trying to more effectively utilize the square footage we already have so that our home can more comfortably accommodate our family and friends. 5. I would estimate the new bedroom would not be used over 12 to 15 times a year. Standards for Review. 1. Special circumstances or conditions exist that are not common to other areas or buildings....Our cabin is small and sits in the very corner of our lot, only 5 feet 2 inches and 7 feet 8 inches from the north and west property lines. It is non- compliant with existing setback code on these two sides. Our well is only a few feet in front of the cabin on the south. Any potential expansion on the east would run into setback issues as well and to work around the setback restrictions would ruin the conformity look and use of the existing structure. The existing foundation of post on rock would not support the weight of a second floor addition. 2. In determining "practical difficulty" the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; We are asking for the variance so we will have an additional bedroom and therefore more room to enjoy our home with family and friends. With two bedrooms we are currently limited on the number of people we can comfortably have in our home. b. Whether the variance is substantial; we would not be changing the footprint of the existing building. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; in my opinion this would have no impact on the character of the neighborhood and would not be a detriment to adjoining properties. There are no homes in front of us as we face High Drive and HW 36 leading into RMN Park and a RV Park on the other side of HW 36. The residence on our east has two small rental properties on their lot. Our neighbor to the west also has a detached garage. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; we are currently on the UTSD sewer system and we have our own well for water. e. Whether the Applicant purchased the property with knowledge of the requirement and; we purchased our property in 2003 without any knowledge of limitations we might face in making improvements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. As already noted above the position on our lot of our cabin does not meet current setback requirements. The most practical and economical approach is to use the space already contained in the garage for additional living space. We would not be changing the footprint of the building. 20U ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: V'"V°„"by'u! Or.;1I&' Record Owner(s): Street Address of Lot / 7JJ/ /I, A A.; Legal Description: Lot: -24 A'f' 1Vt: Subdivision: 7 a5`7 3 - 5 o 7 Parcel ID* :35a7 - 43/ _ ;bvkrr, III ltiiryrro tiso:rlrrny Lot Size Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service '.3 ............ ...... . Town " Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service i Xcel Site Access (if not on public street) Are there wetlands on the site? - wao Ytau"Ir';t_o Variance Desired (:evelopmem . 'ode Section #): lD'ImNo"I; ry C.;oumlwal: Nrml 111"4 i'r tor,'. F1 Name of Primary Contact Person Complete Mailing Address 53Y5 iaW WC0t /!L Tract: Tt)S R73 Zoning ►�tJ(iell (" Other (Specify) fv4Gell 1"" Other (Specify) ("" EPSD fiTSD 7 Septic EPSD f — TSD ,li-. Septic Other None P/Za�obree ) QN 1C Primer, Contact Person is owner f-A�•�«licant ir" Consultant/En! ineer 7 1;Plc Nmi„ r " pplication fee (see attached fee schedule) f - atement of intent (must comply with standards set forth in Section 3.6,C of the Estes Valley Revelopment Code) II 1 copy (folded) of site plan (drawn at a scale of 1 " = 20') ** r —reduced copy of the site pilan (11'" X 171 **The site plan shall include information, in Estes Valtey Development Code Appendix B.VII5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule).. Copies must be folded. Town of Estes Pork -alp P.O. Box 1200 170 MacGregor Avenue. Estes Park, CO 80517 Community Development Deportment Phone: 19701577-372! -a Fax: 1970) 586-0249 ass www estes o►g/CornDev Revised V 1 /20/09 0)0H0, 00011107701 Record Owner(s) I I RAP4 Mailing Address 5 ,Y$ /V, 3 , r6w W Q:S dfe /f"jJ ;° a►v W 0.410.3 Phone ,s/ OGQ CD%o1;,, Cell Phone r`/i, o 79 37 Fax 811 /v / 703 Email of 1 t$v pry s'VRMAKI/Rt [ts/q . C wr. Consultant/Engineer 7A (1/7/ALS Mailing Address / 7 0 .� APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 11 /20/09 APPLICANT CERTIFICATION ► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: P. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. ► 1 acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. ► I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. ► I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.0) Names: Record Owner PLEASE PRINT: [ J W E Applicant PLEASE PRINT: Signatures: Record Owner AR, if xo Iit7,i Applicant" Date Date 8/a3/1/ Revised s i /20/09 Zoning Districts RM (Ord. 18-01 #14) § 4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts larnittilat.1 Residential Uses: Max = 8 and Min = 3 Senior institutional Living Uses: Max =24 INotes to Table 4-2: r•ii (a) See Chapter 4, §4.3.D, which allows a reduction In minimum lot size (area) for single-family residential subdivisions that are required to Bet aside private open areas per Chapter 4, §4.3.0.1. (b) See Chapter 11, §11.3, which allows a reduction In minimum lot eize (area) for clustered lots in open apace developments. (o) See Chapter 11, §11.4, which allows a reduction In minimum lot size (area) for attainable housing, (d) See Chapter 7, §7.1, which requires an increase In minimum lot alze (area) for development on steep slopes. (Ord. 2.02 §1) (2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2.02 06; Ord. 11.02 §1) (3) If private wells or septic systems are treed, the minimum lot area shall be 2 acres. See also the regulation set forth In §7.12, "Adequate Public Facilftles." (41 Townhome developments ehall be developed on parcels no smaller than 40,000 square feat; however, each Individual townhome unit may be construoted on a minimum 2,000 square foot lot at a maximum density of 8 dwelling units per acre. (51 AU development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor area ratio (FAR) of .30 and a maximum lot coverage of 60%. (Ord, 26.07 §1) Zero side yard setbacks (known as "zero lot line development") are allowed for townhome develdpments. Minimum building width requirements shall ngl apply to mobile homes located In a mobile home park. #14) Single-family and duplexdevelopments shall have minimum lot areas of 18,000s.f. and 27,00081, respectively. (Ord 18-01 (9) All structures shall be set back from public or private roads that serve more than four adjacent or ofi-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1) [101 See Chapter 1, §1.9,E, which allows an Increase In the maximum height of buildings on slopes. (Ord. 18-02 #3) 1/2 Ac. [3] 40,000, 6,400 eq. ftifunit (4) [8) (Ord, 25.07 §1) Senior Institutional Living 'Uses: 1/2 Ac. 25- arterials; 16-other streets 26- arterials; 16-other streets 10 (8) 10 30 20 (7) fel rn [19 01111,••• 111111,11111111,11111Np 11 lllll 101111111111111111110011111111111111,1,111111111111111111 1111!:11111.11111111111111111111!11111111111,1111,111 1100011:u,„ 1,',11'111'1'01'11 u u0400m1010oil,1111111,111111111,111,111,111, IN 1�IIINIIIIIII II 01 1111ill 1 11111111111011111111111111 1,111111111, 111111111111111111111111111111(1, 111111 1 40.0000i il'U'Ill111111111,uu eu00 Iil 111 11 1 11H 11111101,,11,,,1 ' f' U 1//Teu fe, u , .„„r„, , A „ , ,„,,,A„. mu...n.1111111111 ,1111111111111111111HHH 1 111111001001111111111111 1 Illllq 111 111011011111111V11111 ,1010010111111111111 1111i1 111111111111111,, H1111 11111.1 011 1011111111111001 1111111111111011 Ilt,1110 1 1, 111111111 111111111111111111111 1 111111111111111111111111111111 11 11111111111 1101 "" '111111111 tt '1111111111111111111111111111111111111 111'1111111 ill N ,Ill 1111111111111111111111111111 1001000011001,1000001111101110,1111111 le,11'"11 11110001 00100q?,, ovoo11111111111111 10011 11111 1,111111111111111111111111111 1111111111111 1001 1"1'111,1110,1,1,11111111111111111101100011111 111100111111111 1 II 1111111 111111111HHHHH.11 [11,, oulF,,,u1111141)11INII Alt 0)))1111Ii't,01111,','01)DXio'1 1111,111'1111111111111111111111111111111111{111111111ull'' .1,11)11111'1,1111 '11111111 111111,111V 111111 12' 6 (a 1 STORY FRAME 2.5' HOuSE 7.8' NOT�'S.• 16' 10' wrsr 1.32.' NORTH SCALE 1 „ =20 3 REBAR, Q FND. • FND. BRASS CAP. APPROX. LOCATION OF DIRT DRNE & PARKING AREA. 1. ITEM 8 OF THE TIRE COMMITMENT REFERS TO AN EASEMENT FOR LAYING UTILITIES, 12/27/1944, BOOK 781, PACE 416. NOT SPECIFIC. ITEM 9 REFERS TO TERMS AGREEMENTS, PRO4751ONS CONDITONS AND OBLIGATIONS AS CONTAINED 1N RESOLUTION AND ORDER, 2/8/1957, BOOK 1038. PAGE 402, REFERS TO A ZONING DISTRICT. J. ITEM 10 REFERS TO A WATER £4SEMENT USED IN SUPPL YnNG WATER FROM THE HONDIUS—BEAVER PIPE LINE 51TU4TE AND BEING IN, ON OR EXTENDING ACROSS THAT PART OF THE S. 1/2 OF SECTION 27 & 28. T5N, R13W OF THE 5TH P.M. EVIDENCED BY OLJIT CLAN DEED, 9/13/1957, BOOK 1051, PACE 430, NOT SPECIFC 1N ITS LOCATION 4. ITEM I ! REFERS TO TERMS, AGREEMENTS, PROWSJONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN VACATION RECORDED 1N BOOK 1064. PAGE 454. ROAD VACATION NOT SPECIFIC 5. ITEM 12 REFERS TO A PUBLIC SERVICE UTMLIT4' EASEMENT„ 5/15/1978, BOOK 1857, PACE 235, AS SHOWN HEREON. 6. 1TE►1 1.3 REFERS TO ALL NOTES AND EASEMENTS CONTAINED ON BOULDER ^1S1 ,f RECORDED 11/8/1989 AS RECPT. /89056819„ 4/4 7ER rE�£RyoN E r£(EC/P4P H e4SE'lie-NT SOU1/461Sie 1731 RICH DRIJ'! TRANSNATION TITLE INSURANCE CO.: 449471. 5/28/200J. LEGAL DESCRIPTION: BEGINNING AT A POINT 528 FEET WEST AND 165 FEET NORTH OF THE S.E. CORNER or SECTION 27. TOWNSHIP 5 NORTH, RANGE 7J WEST OF THE 6TH P.M., WHICH IS THE CENTER OF THE COUNTY ROAD, THENCE NORTH 165 FEET THENCE WEST 132 FEET,' THENCE 125 FEET MORE wOR LESS TO THE CENTER OF THE COUNTY ROAD. THENCE' 1N A SOUTHEASTERLY DIRECTION ALONG THE CENTER OF THE COUNTY ROAD, 138 FEET MORE OR LESS TO THE POINT OF aEGINNINL, EXCEPT ANY PORTION OF THE ABOVE DESCRIBED PROPERTY LYING WITHIN THE COUNT ROAD. COUNTY OF LARIA4ER, c'4 T or COLORADO. JOB NO..- 56.37 J /P.!?OKEYEATT TION . ..... .....,. ,,. ,r ...—,.r , n..,r.rn„ nr ,, r, r.n, rr s .,,a,ra ,a ring r,-er Apr 15 08 03:39p T W ck Architects 970-51i,4211 p. 2 •r-veatt-v\ tfri Arz-c-N f x,s-hn� F-Lca=1. Existing Garage exist) doer 2'-Os6 d ex �O'-OrcY,O to remove 7 2/ /14/e.• Existing Hasher existing Dryer existinq electrical 50 eXistina Fart Apr 22 09 01:12p T W Architects 970-5 4211 p.2 Patio ki &/) Grc*ea 170. at/44:40eN ose e ed • • •• • n 02613 EEO( ARCHTECTS Plan North Sep 27 2011 8:48RM ENDURANCE REINSURANCE S164101903 p.2" r,a;.i t s NCH AT. I 1s$' Tile I XISTI 3QOM /\, 3 *CO V" Relocate -exim elect' baseboard i'bw Pella .wlrAdot+v lie,* Oath bath w/'Clie Wall tile at tub/shower as selected by Owner New 5' tub/shower w/curtain �---- Now toilet New 42' Volity w/drop-ln rein Relocate eXletIng ewItche Existing 2'-6K6'-0 door Switch opening aide 4'-4` 3 /474.4...., .1; ,:,- +10 PLANNING AND BUILDING SERVICES DIVISION P.O. Box 1190 Fort Coign, Colorado 80522-1190 PtaMIng (970) 498-7883 Bulldog (970) 498-7700 Ruffling Fax (970) 498-7711 %bang Fax (970) 498.7887 http://www.lottmororg/planning CODE COMPLIANCE SECTION LARIMER COUNTY PLANNING & BUILDING SERVICES DIVISION STAFF REPORT Date: From: To: Name of Review: Parcel No: August 31, 2011 Candace Phippen, Building & Code Compliance Supervisor Dave Shirk Franklin Request to Add Bedroom to Existing Garage 3527404047-1731 High Drive, Estes Park, Colorado This Is a request to expand a nonconforming structure. Assessor's Records • Residence constructed in 1930, remodeled 2006, containing 772 sq.ft. with one bedroom, one bathroom. • Additional residence constructed in 1930, containing 394 sq.ft., one bedroom, one bathroom. Building Permits of Record 1. Building Permit 85-1161 issued 10/1/1985 to reroof the residence. Final inspection approved. 2. Building Permit 86-1348 Issued 8/1/1986 for a 10x10 addition to the residence Final inspection approved. 3. Building Permit 91-E7980 for a fence. Final inspection approved. 4. Building Permit 92-E1641 for a fence. Final inspection approved. 5. Building Permit 94-E9190 for a 16x24 detached two-story garage. Final inspection approved. 6. Building Permit 95-E1259 for a fence. Permit voided. 7. Building Permit 04-B0504 issued on 4/28/2004 to finish a bathroom in an existing garage. Final inspection approved. 8. Building Permit 06-B1129 issued on 10/25/2006 for an addition/remodel to residence by removing walls (formerly used as a sunroom)and expanding existing living room and bedroom add new deck. Final inspection approved. 9. Building Permit 08-B1180 to replace deck. Final Inspection approved. 93 PRINTED ON RECYCLED PAPER Planning Files of Record: File 94-VR0528 for a front and rear yard setback to allow a garage. Setback variance approved. Staff Comments: The applicant states the two-story garage constructed under Building Permit 94-E9190 contains a bedroom and a bathroom on the upper floor. The applicant would like to add another bedroom and bathroom to the first floor of the garage. There are no building permits of record to add a bedroom to the garage. The only permits of record for this structure are 94-E9190 for the original garage, and 04-B0504 for a bathroom in the garage. If the applicant wishes to use the two-story garage as a dwelling unit, he would need to obtain approval first through the Estes Park Community Development Department for a second residence. If that approval Is obtained, a change of occupancy building permit must be obtained from the Larimer County Building Department together with required Inspection approvals for changing the use of the structure from a garage to a dwelling unit. Typically, if a garage is changed to a dwelling unit, a structural engineer must evaluate the structure for compliance with minimum building code requirements for residences. As well, a Colorado licensed master electrician and plumber must inspect the electrical and plumbing work. Existing septic systems must be checked for adequacy, or sewer and water providers must approve the additional residence before the change of occupancy permit can be issued. Other conditions may apply. If this request is not approved, the owner will need to remove the bedroom in the garage by obtaining an alteration permit from the Larimer County Building Department and having the structure inspected to ensure the bedroom has been removed. If this request is approved, the bedroom in the upper level of the garage can be permitted and Inspected for proper access, egress windows, smoke alarms, etc. at the same time as the work below. For more information on the permitting and inspection process, please call Code Compliance Officer Eric Fried at (970) 498-7706 or Code Compliance Technician Jane Culler at (970) 498-7708. Updated File 08-PBPS279 Dave Shirk From: ent: fo: Subject: Hello again Dave, Stan Griep [sgriep@Iarimer.org] Wednesday, August 31, 2011 9:11 AM Dave Shirk Franklin Residence Variance A building permit is required for the change of occupancy conversion of the garage area to habitable space. Two sets of plans drawn to an approved scale, such as; 1/4" =1' are required for submittal for the required building permit. The converted area would need to be brought up to code for a habitable area including meeting energy code requirements. Larimer County adopted the 2009 International Codes as of August 1st, 2011. This project would be required to comply with the 2009 International Residential Code (IRC) and the 2011 NEC. Hope you are doing well Dave. Have a fine day! Stan Stan V. Griep Lead & Commercial Plans Examiner 7rimer County Building Department c. Collins, CO 80522-nn90 Phone: (970) 498-7714 Fax: (970) 498-7667 P.O. Box 588 • Estes Park, CO 80517 Ph: 970-586-4544 • Fay 970-586-1049 www.ulsd.org August 31, 2011 Dave Shirk, Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Metes & Bounds Remodel garage to living quarters 1731 High Dr. Dear Dave, The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the proposed remodel request. 2. The District will require the Contractor to submit building floor plans in order to calculate possible fees due based upon installation of additional Fixture Unit Values. If you have any questions or need further assistance, please do not hesitate to contact me. Thank you, Todd Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment UTILITIES & PUBLIC WORKS COMMENTS — Final/Public Review RE: Metes & Bound Parcel located at 1731 High Drive - Franklin Residence Variance Request DATE: September 28, 2011 DEPARTMENT: Town of Estes Park Water STAFF CONTACT: Water Superintendent Jeff Boles, ibolest estes.org, 970-577-3608 COMMENT: Water has no comments or concerns with this request. DEPARTMENT: Town of Estes Park Light & Power STAFF CONTACT: Line Supervisor Todd Steichen, tsteichenfWestes.org, 970-577-3601 COMMENT: After a site visit, Light & Power has no comments or concerns with this variance request. DEPARTMENT: Town of Estes Park Public Works STAFF CONTACT: Civil Engineer Kevin Ash, PE, kasfi t s.oru 970-577-3586 COMMENT: Public Works has no comments or concerns. DEPARTMENT: Town of Estes Park Building Department STAFF CONTACT: COMMENT: Dave Shirk From: Traci Shambo [shamboti@co.Iarimer.co.us] Sent: Friday, September 02, 2011 2:41 PM To: Dave Shirk Subject: Metes & Bounds located at 1731 High Drive - Variance Request REFERRALFOR COMMENT Dave - There are no County Engineering issues with this request. Traci Traci Shambo, P.E. Larimer County Engineering Department 200 West Oak St, Suite 3000 F.O. Box 1190 Fort Collins, CO 80522 Phone: (970) 498-5701 tshambo larrner.arg, Franklin, Darrell Subject: FW: Franklin residence at 1731 High Drive...converting 1st floor of garage to bedroom and bath. From: Thomas Booth f maiito:thomasbooth1957@vahoo.coml Sent: Thursday, September 15, 2011 1:38 PM To: Franklin, Darrell Subject: Re: Franklin residence at 1731 High Drive...converting 1st floor of garage to bedroom and bath. Hi Darrell, Just a note to let you know that both Janet & 1 who are the owners of the 1681 High Drive Property (that boarders your property on the east) support your garage project 1009' & can see no reasonable reason for denial of your application by the Larimer County & The Town Of Estes Park. Let us know if you need a more formal statement of support + we are happy to oblige ; ) Tom & Janet Sent from my iPhone On Sep 15, 2011, at 12:17 PM, "Franklin, Darrell" <dfranklin@endurancereusa.com> wrote: Darrell ext. te-t4L, %We GE- di't)-i-t'e/6e; --ab n c i 0 L" , i� w,GlL6 �� AvAL, e_frt) L7Ffra,, 8e61712-- aj-°"d- °/1474,0( zPy a,Le ,v7rL a4"1- Os/ sok Ge.6s 6,-147 David Shirk Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Ref: Darrell and Laurie Franklin 1731 High Drive Board of Adjustment Application for October 4tn Dave, September 27, 2011 ,PsP / To L5-- Laurie said you called yesterday asking for a copy of the floor plan for the second floor of our garage. Attached is what Thomas Beck produced when we added the bathroom to the second floor in 2004. Thomas has shown the bathroom and only a portion of the bedroom on the drawing. The second floor consists of only the bathroom and bedroom. The dimensions of the floor are the same as the first floor...16X 24 feet. Our proposed bathroom on the first floor would be directly underneath the existing bath on the second floor. I plan to be at the hearing on Tuesday and if his schedule permits, I have asked Thomas Beck to join me as well. If you need anything further please call me on my cell phone....816 699 3994. See you Tuesday. CO,fir-N Darrell Franklin Re . existing electric baseboard -- New Pella window New Bath bench w/tile Wall tilt at tib/ as selected by w 5 er w/. gain New toilet New 42" Vanity w/drop-in sin 0 - existing awl s ffxiating 2'-6x6'-5 Switch opening side /4,-;c/I1, ir I 73/31i OP? ..• ,}1 1. fi'rovicle blocking in walls as required for casework, sheiv equipment:, etc. 2. Owner shall provide fixtures and equipment not specified cm drawingel. Gotitraoteir shall prdvide electrical and plurbing as required kxA appi, !cable cedes. Contractor shall installfixtures and equipment according to reels reconTn. - coordinate w/ Owner. 3. Provide all new plumbing fixtures, urdess noted otherwise. Verify color and maruf. with awner. 4. All appliances will be supplied by Owner, built-ins will be Installed by contractor. 5. All interior doors arc stained (4) panel pine. 6. Aliinterior trim is clear pine painted. 7. Tempered glass Is reopired when glazing le within 5 foot of a tub bettorA within 2 foot of a doorway within 1 Inches of finished flan and over 9 square feet in size or in the enclosing walls of Stairway landings. Wosc blobs shall be pn/tected by a backflow prevention device. a V 1V 6 y I LI 1.7 4..J1 • VUJ. 4WC1 1 JJ O111. I 1-111 I I V TOWN OF ESTES PARK ice- . 1 �illr' ,t;€� zit A. • ATTN: immini PO Box 4130 Estes Park, CO 80517 RE: 1731 High Drive To Whom It May Concern: 8/27/2003 This letter shall serve as notice that a bathroom conversion of an existing room for 1731 High Drive is allowed under the Estes Valley Development Code. Any conversion will require a building permit issued through the Larimer County Building Department. Please contact Chuck Harris at 970-577-2100 for details. Should you have any questions or comments, please feel free to contact Community Development at your convenience. Thank you. Respectfully, avid W. Shirk, Planner h I t I) : //www cste:n et.co+)) (c)70) 513641 1 I I'(). 13()X 12i1{) e 170 Nt,\C C;REC;C)It AVENUE a ESTES PARK, CO 30517 FAX (4)7()) 586-281 t, AUG 27 2P1 1 : 1 7 C J1'n 000C,10 c,,n/rr c n 0 01 m n n M d n n m N n u1 N. n N v 01 n rl 0.i N m n r-I r-I 0 m 1-1 N 0 N 1-1 m e-1 4--1 O m 0 m 0 N O 0 0 00 O 0 0 0 0 0 0 N 0 m 0 0 0 0 m O CO DO 00 CO tC 00 00 00 00 CO 00 00 m co u1 co co co CO m CO to ,_0Oow0Ooo0Oo a O2 OOU Q Qw L_ N i � 0 0'- L Y M d i 7 0.. 0. a C Q 4/3 G c C._ ti0..i_ 7• C c to a) 0 m n. r -0 a' mill .Y "0) v � 9., a o a) w U w Q w to w w C7 C7 w J C! m w w w w 0 C7 ti -I I 1120 Custer I() Y to CO c Q1 .0 co 3 in 0 > PO Box 2116 Lauar Gould 4913 Trillium Ln 680 Chickadee Ln Janet Mikolitch U J 1Z z O = L 41 Y aai E 0) as 13 — a o *' r9 _ C m p vs ? 1 uii C C w C L 00 al t6 A it H >• O 'C M u oZi a L as 3 a E a N r c .c 2 U A t9 ns 00 C ar pif v1 `L° p Z of oZi 3 10 pOp 04 5 Q Q Iv p 0 0 0 d c N .0 N c= u c 0 C 0 cc �, CC a: 0_1 a a vs x o a W o c ro p t Richard Wilson 1806 Colonial PI Velva & Deborah Starr Franklin Variance APO