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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2008-01-08l Prepared: January 2, 2p8 Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, January 8, 2008 9:00 a.m. - Board Room, Town Hall 1. PUBLIC COMMENT 2. CONSENT a. Approval of minutes dated December 4, 2007 b. Metes & Bounds property located immediately north of 1895 Big Thompson Avenue, Yakutat Land Corporation/Applicant — Request by applicant for continuance to February 5, 2008 Estes Valley Board of Adjustment meeting c. Confirmation of Election of Officers held December 4, 2007 as follows: Chair for 2008— John Lynch; Vice -Chair for 2008—Wayne Newsom d. Appointment of Community Development Department Secretary or Designee as Recording Secretary for 2008 3. REQUESTS a. Lot 9, Block 3, Amended Windcliff Estates 5th Filing Owner: Stephen Benno Applicant: Roger M. Thorp, Thorp Associates, P.C. Request: Variance from Estes Valley Development Code Section Section 4.3, Table 4-2, to allow a residence to be built five feet from the eastern property line and a deck to be constructed 19 feet from the western property line in lieu of the 25-foot setbacks required in the E-1 — Estate zoning district Staff Contact: Dave Shirk 4. REPORTS 5. ADJOURNMENT Note: 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 December 4, 2007, 9:00 a.m. Board Room, Estes Park Town Hall Board: Attending: Also Attending: Absent: Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Chair Newsom; Members Dill and Lynch Director Joseph, Planner Chilcott, Sign Code Officer McEndaffer, Recording Secretary Roederer Members Levine and Sager, Planner Shirk Chair Newsom called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of the minutes of the November 6, 2007 meeting. There being no changes or corrections, the minutes were approved as submitted. b. Metes and Bounds property located immediately north of 1895 Big Thompson Avenue, Yakutat Land Corporation/Applicant — Request for continuance to January 8, 2008 Estes Valley Board of Adjustment meeting It was moved and seconded (Lynch/Dill) to approve the applicant's request for continuance to the January 8, 2008 meeting, and the motion passed unanimously. 3. LOT 1, VENNER SUBDIVISION, 559 Landers Street, Owner: Richard & Shirley Perkins, Applicant: Paul Brown — Request for variance from Estes Valley Development Code Section 8.1.A, specifically in reference to Estes Park Municipal Code Section 17.68.100(c) to allow placement of a 13.33-square-foot Identification sign at a height of 14.17 feet in lieu of the maximum allowed 2 square feet and maximum height of 6 feet in single -family -residential zoning districts Planner Chilcott summarized the staff report. This is a request for variance from the Estes Park Municipal Code Section 17.66.100(c), which establishes a maximum sign size of two square feet and a maximum sign height of six feet for signs located in single -family - residential zoning districts within Town limits. If approved, the applicant will install a 20- inch-by-96-inch sign at the entrance to their driveway at 559 Landers Street. At 13.33 square feet, the sign significantly exceeds the maximum size of two square feet. The sign would be hung at a height of 14.17 feet on a recently installed timber frame that is fifteen feet tall. Per the applicant's statement of intent, special circumstances particular to their property exist. Approval of the variance would soften the impact of the transmission tower on the neighborhood, preserve a sense of rural heritage, and allow placement of a sign that is representative of other ranch gateways found throughout the Estes Valley. Reviewing staff agrees that the applicant's property, although located within Town limits, has a rural feel. The applicant provided a number of examples of similar signs in the area, although staff believes many of the examples are of signs located outside Town limits, which are subject to a different sign code that allows rural identification signs. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment December 4, 2007 2 The variance request was routed to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Sign Code Officer Carolyn McEndaffer. No comments were received from neighboring property owners. The Bureau of Reclamation did not comment on the request; however, the proposed sign is located within a U.S. Bureau of Reclamation easement. Future use of the easement may require the property owner to remove the sign and timber frame at the property owner's expense. Although a sign could be designed to meet the size and height limits, due to the characteristics of the neighborhood, staff is supportive of the variance request. Sign Code Officer McEndaffer stated the timber frame for the sign is not in conflict with the sign code; it is the proposed size and height of the sign that requires approval of a variance. Public Comment: Paul Brown was present to represent the property owners. He stated the sign code allows signs up to two square feet per face, up to a total of four square feet. The proposed sign is single -sided; thus, the applicants are only requesting a variance of 9.33 square feet in the size of the sign. He expressed concern about the lack of a uniform sign code for the Estes Valley and lack of equality for all within the Valley regarding freedom and right of self- expression via signs. He stated the cost of application for a variance is censorious of signage. He requested that the Board direct staff to review the differences between the County and Town sign codes and to adopt an equitable sign code for the Estes Valley. Director Joseph acknowlledged the merits of having a uniform sign code; however, placement of a rural identification sign in a densely developed neighborhood with small lots would not be appropriate. It was appropriate for this request to come before the Board of Adjustment. Due to the rural character of the applicant's neighborhood, it was moved and seconded (Lynch/Dili) to approve the variance request for Lot 1, Venner Subdivision, to allow placement of a 13.33-square-foot identification sign at a height of 14.17 feet in lieu of the maximum allowed 2 square feet and maximum height of 6 feet in single -family -residential zoning districts, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Compliance with the submitted application. 2. Compliance with Carolyn McEndaffer's comments In her memo dated November 21, 2007. The sign height is noted. 3. The sign is located in a U.S. Bureau of Reclamation easement. Use of this easement may require that the property owner remove the sign and timber cross frame from the easement at the property owner's expense. 4. LOT 5, FOX RIDGE ESTATES, 2140 Ridge Road, Owner/Applicant: Paul L. & Judith K. Tharp — Request for variance from Estes Valley Development Code Section 4.3, Table 4-2, to allow construction of an attached garage 33.96 feet from the side -yard property line and 41.76 feet from the front -yard property line, and also to construct a deck 31.21 feet from the front -yard property Ilne, in Ileu of the 50-foot front- and side -yard setbacks required in the RE-1 - Rural Estate zoning district Chair Newsom recused himself from participation on this agenda item due to his professional relationship with the applicants. Vice -Chair Lynch acted as Chair for this item. Planner Chilcott summarized the staff report. This is a variance request to allow a two- story garage addition to the north side of a residence and a deck to be constructed on the east side of the residence, which is located at 2140 Ridge Road. The property is zoned RE-1 -, Rural Estate, which requires 50-foot setbacks from all property Vines. The garage would be built 41.76 feet from the front property line and 33.96 feet from the side property line and would include a second -story balcony, which would be 37.76 feet from the front property line. The deck would be located 31.21 feet from the front property line. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment December 4, 2007 3 Planning staff finds there are special circumstances associated with this property, which is an unusual "L" shape. A portion of the existing residence is built within the setbacks. The house was originally built as a corporate business retreat and meeting facility, with a floor plan that was not suited to single-family use. The applicant converted the existing garage to kitchen space in the process of remodeling to improve the floor plan. Staff further finds that the variance request is not substantial. An 60-foot right-of-way exists along Ridge Road, which provides approximately an additional fifteen feet between the applicant's property line and the edge of the road. The adjacent property to the north is undeveloped, so a neighboring house is not impacted by the variance request at this time. The essential character of the neighborhood will not be substantially altered by approval of the request. The variance request was routed to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Larimer County Engineering Department and The North End Property Owners' Association. A letter of support was received from neighboring property owner Thomas Wood, 2115 Ridge Road, via email. A significant redesign would be needed in order for the addition to meet the setback requirements. Planning staff suggests the applicant's request provides the least deviation from the code requirements when working with the existing floor plan of the residence. Staff recommends approval of the variance request. Public Comment: Paul Tharp/owner noted the RE-1 zoning district and its associated setback requirements are for ten -acre lots. His lot is 2.5 acres. Five residences in his neighborhood are located within the required setbacks. The 50-foot setbacks were imposed with the Valley -wide rezoning in 2000; this subdivision was developed prior to 2000. Per information provided to him by County staff, the required setback was 25 feet from the road right-of-way centerline at the time the subdivision was developed. An existing septic system and well, to the south and behind his residence respectively, limit the area available for an addition. Of the 109,000 square feet comprising his property, 67,000 square feet lies within setbacks; of that, he is requesting the use of less than 150 feet for the proposed addition. Member Dill noted the applicant's driveway already exists and is paved. The proposed garage addition is in the most sensible location. No neighbors have voiced opposition; he stated his support of the request. It was moved and seconded (Dill/Lynch) to approve the variance request for Lot 5, Fox Ridge Estates, to allow construction of an attached garage 33.96 feet from the side -yard property line and 41.76 feet from the front -yard property line, and also to construct a deck 31.21 feet from the front -yard property line, In lieu of the 50-foot front- and side -yard setbacks required in the RE-1 — Rural Estate zoning district, with the findings and conditions recommended by staff, and the motion passed unanimously. Those voting yes: Dill and Lynch. Those abstaining: Newsom. CONDITIONS: 1. Compliance with the submitted application. 2. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. A copy of this certificate shall be provided to the Estes Park Community Development Department. 5. METES & BOUNDS PROPERTY LOCATED AT 2515 TUNNEL ROAD, Owner: YMCA of the Rockies Estes Park Center, Applicant: BHA Design, Inc. — Request for variance from Estes Valley Development Code Section 1.9.E and Section 4.4, Table 4-5, to allow three new lodges to exceed the maximum slope -adjusted height limit by the following amounts: Grand Lodge-1.66 feet, West Lodge-3.93 feet, and East Lodge-2.25 feet. Applicant also requests a time extension to allow a construction timeframe of 2.5 years in lieu of the standard one-year limit RECORD OF PROCEEDINGS Estes Valley Board of Adjustment December 4, 2007 4 Director Joseph summarized the staff report. This variance request is part of a planned major redevelopment of the core area of the YMCA of the Rockies campus. The YMCA recently completed a lengthy master planning process. The master plan was reviewed by the Estes Valley Planning Commission and approved by the Larimer County Board of County Commissioners. The three proposed new lodges, as well as a conference center addition to the Ruesch Auditorium (which does not require a height variance), are consistent with the approved master plan. The relationship of the proposed new lodges and conference center addition to the finished floor elevations of existing buildings within the core area constrains the applicant's ability to meet the slope -adjusted height limit. The YMCA intends to meet ADA guidelines and enhance the accessibility between existing and proposed buildings in the core area; a height variance is necessary to accomplish this goal. Due to the large size of the YMCA property and the location of the proposed buildings in the central area of the property, approval) of the requested variance will not affect adjoining property owners. The plan for the core area redevelopment, including the proposed new lodges and conference center addition, will be reviewed by the Estes Valley Planning Commission (Development Plan 08-02). Staff findings are as follows: 1. Special circumstances exist. 2. The accommodation use could continue without the variance. 3. The appllicant's predicament could be mitigated through some method other than a variance, though a building re -design may not be consistent with the architectural goals set forth in the Master Plan approved by the Board of County Commissioners. 4. The character of the neighborhood would not be altered. 5. The variance request is not substantial compared to the goal of achieving fully compliant ADA access throughout the new lodges and conference center. 6. The requested variance represents the least deviation that would afford relief. 7. The applicant has owned the property since before the adoption of the EVDC. 8. 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. 9. 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. 10. Approval of this variance would not result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 11. Approval of this variance would not allow a use not permitted or a use expressly or by impllication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Director Joseph read the six recommended conditions of approval and stated planning staff recommends approval of the requested variance. Public Comment: Mark HoIdt/YMCA Vice President for Planning & Development stated the core area redevelopment is the most significant phase of the approved master plan, which consolidates development within the existing core to minimize development near the YMCA's borders with Rocky Mountain National Park. Given the aging population of its visitors, the YMCA must be more sensitive to ADA accessibility requirements, which is an essential limitation of the proposed site. The location of the proposed buildings shown on the master plan will not work due to site constraints, including slope, the size of the area for devellopment, the desired accessibility outcomes, and the need to maintain the historical character. Roger Sherman/BHA Design stated the proposed buildings will fit in with the style and scale of key existing buildings and are consistent with the intent of the master plan. Existing grades control the height and placement of the buildings; the 10')/0 cross -slope and the YMCA's desire to provide ADA-compliant access between the buildings creates a RECORD OF PROCEEDINGS Estes Valley Board of Adjustment December 4, 2007 5 challenge. Some older buildings, such as the "pinwheel" staff housing, will be removed from the site prior to construction of the proposed Grand, West, and East lodges, which will share access and parking. The orientation of the three lodges has been changed from that shown in the master plan to eliminate the need for major cut and fill. The applicant has made an effort to meet the Estes Valley Development Code (EVDC) requirements but could not provide ADA-compliant access and still do so. A component of the applicant's request is for variance from proposed grades, rather than from existing natural grade as required by the EVDC. He noted that stepped foundations will be used in order to work with the grade of the site; the final heights of the buildings could be different than what is requested today. Director Joseph stated the EVDC regulations are in place to prevent manipulation of the grading on a site such that the intent of the code is controverted. The applicant's request is for the purpose of making the different elements of the core area fit together, not to manipulate the height of the buildings. Bob Hosan/Neenan Co. stated the YMCA has also worked on a master drainage plan for the YMCA grounds. The proposed grading in the core area will address existing stormwater runoff problems. The proposed roof pitches are 4:12, which are needed for wind and snow loads in this area. After further evaluation of the site, the applicant has revised their variance request as follows (at this time, an updated statement of intent was distributed to the Board members and staff): • Grand Lodge —original request: 1 ft., 8 in.; revised request: 5 ft., 6 in. • West Lodge —original request: 3 ft., 10in.; revised request: 6 ft., 8 in. • East Lodge —original request: 2 ft., 3 in.; revised request: 4 ft., 4 in. The applicant is not sure what the specific heights of the buildings will be once they are constructed; he requested the Board grant some latitude, such as 5%, for the final building heights. Jeff Chamberlain/YMCA Project Manager stated the existing elevation of Ruesch Auditorium determines the floor elevations of the conference center, which in turn affects the height of the three lodge buildings due to ADA accessibility concerns. He also requested latitude for the final building heights. If the variance is approved, the time extension requested will provide adequate time for construction. Member Dill stated he is glad to see the applicant will maintain appropriate roof pitches. Chair Newsom commended the YMCA on the redevelopment and noted the importance of keeping elevations on the site as uniform as possible. Member Lynch stated regrading the site is necessary and will not set a precedent. Director Joseph stated that the conditions of approval would need to be modified to accommodate the applicant's request for latitude in the final building heights. Bryan Michener/3468 Mountainside Drive commended the YMCA for its work on the 20- year master plan and stated his support of the requested height variance. He expressed a desire for consideration of the environmental impacts of development on the YMCA property, particularly where the property abuts Rocky Mountain National Park. Further discussion followed between the Board and planning staff regarding the revised conditions of approval. Director Joseph stated the variance approval should acknowledge the entirety of the applicant's request, including the request to measure building heights from proposed grades. He requested that planning staff have the discretion to approve up to a 10% change in building heights after reviewing the applicant's building permit plans. If staff is not comfortable with the proposed plans, the applicant will need to return to the Board of Adjustment with a new application. Mr. Chamberlain indicated the YMCA has a cooperative relationship with staff and will honor what was said at today's meeting. It was moved and seconded (Dill/Lynch) to approve the variance request for the Metes & Bounds property located at 2515 Tunnel Road, to allow three new lodges to exceed the maximum slope -adjusted height limit from finished grade by the following amounts: Grand Lodge-5.5 feet, West Lodge-6.66 feet, and East Lodge-4.33 feet; to authorize Planning staff to approve additional variance to the approved building heights by up to 10 percent; and to approve a time extension to RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 6 December 4, 2007 allow a construction timeframe of 2.5 years in lieu of the standard one-year limit; with the findings and conditions recommended by staff as revised below; and the motion passed unanimously. CONDITIONS: 1. Approval of Development PlIan 08-02. 2. Prior to any site work, a surveyor shall set a project benchmark. 3. A surveyor shall set the building corners prior to pouring foundation. 4. Planning staff shall review building permit plans for Grand Lodge, West Lodge, and East Lodge and shailll have the authority to approve up to an additional 10% variance from the maximum building heights shown in the revised statement of intent dated December 3, 2007. 5. A surveyor shall provide stamped certification that the finished building height complies with the approved building permit pllans. This verification shall be presented to the Town of Estes Park Community Devellopment Department. 6„ The variance shall be valid for 30 months from approval. 7. ELECTION OF OFFICERS FOR 2008 Chair Newsom nominated John Lynch as Chair for 2008, and as the only Town representative present at the meeting, vollunteered to be Vice -Chair. He stated today's action shall)) be subject to reviiew by the entire Board at the January 8, 2008 meeting. There being no further nominations, the 2008 officers were approved by acclamation: Chair ---John Lynch, Vice -Chair —Wayne Newsom. 8. REPORTS Director Joseph reported on a resident's request to the Planning Commission regarding how meeting minutes are prepared and approved. The resident had requested that draft minutes of meetings be disseminated to the public for the public's review and comment prior to review of the minutes by the Board or Commission. This is not the standard procedure for any community. The minutes become a matter of public record following their acceptance by the Board. If a member of the public requests a change to the minutes, the Board can review the request at a meeting folllowing adoption of the minutes and decide whether to make the change at that time. The Board members agreed that minutes should not be disseminated until) they are approved. Planner Chiilcott and Director Joseph addressed Paull Brown's request for a joint Estes Valley sign code. Staff recognizes some of the issues Mr. Brown brought forward and agrees that it is desirabile to have a unified sign code. There is not adequate staff time to thoroughly review both codes and create and propose a unified code. Funding would need to be provided if a consultant was hired for this work. There being no further business, Chair Newsom adjourned the meeting at 11:01 a.m. Wayne Newsom, Chair Julie Roederer, Recording Secretary Benno Front and Rear Yard aria Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 DATE: January 8, 2008 RE UEST: Allow a new single- family dwelling with a 5-foot front yard and 19-foot rear yard setback in lieu of the 25-feet typically required. LOCATION: 3323 Eiger Trail, within unincorporated Latimer County (invnediately south of 3265 Eiger Trail, in Windcliff Estates) APPLICANT: Thorp Associates PROPERTY OWNER: Stephen Benno (910 Colorado Dr, Allen TX, 75013) STAFF CONTACT: Dave Shirk www.estesnet.com SITE DATA TABLE: Architect: Roger Thorp, 586-9528 Parcel Number: 3410115009 Number of Lots: One Proposed Land Use: Single-family residential Adjacent Zoning - East: "E-1" Estate West: "E-1" Estate Adjacent Land Uses - East: Single-family residential, open space West: Single-family residential Development Area: .38 acres Existing Land Use: Undeveloped (platted for single-family residential) Existing Zoning: "E-1" Estate North: "E-1" Estate South: "E-1 " Estate North: Single-family residential South: Open Space Services - Water: Town Sewer: UTSD Fire Protection: Estes Park Volunteer PROJECT DESCRIPTION D BACKGROUND: The applicant requests variances to Table 4-2 "Base Density and Dimensional Standards" of the Estes Valley Development Code to allow a front yard setback along Eiger Trail of 5-feet and Eaglecliff Drive of 19- feet in lieu of the 25-foot setback required. The purpose of these variance requests is to build a new single-family dwelling on a steep, narrow lot in the Windcliff subdivision. REVIEW CRITE A: 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 set forth below: L Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Comment: The lot is sub -sized for the "E-1" Estate district, which has a minimum lot size of 1-acre, for which the 25-foot setbacks were created. This lot, at .38-acres, is closer to the "R" Residential district, which has setbacks of 15-feet. The lot is skinny. The front -rear setbacks combine to provide a 23-foot wide building envelope, which means without a variance a building could only be 23-feet wide, if it were centered on the lot. 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; Staff Comment: A narrow house could be built on the lot (the development code has a minimum building width of 20 feet). b. Whether the variance is substantial, Staff Comment: The Board should use their best judgment if the requested variances are substantial (the building is proposed to be over 100-feet long). Page #2 n-Benno Setback Variance Request 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; Staff Comment: Staff suggests the proposed house would be more in keeping with the neighborhood character than a 23-foot wide house that could be built without a variance. d. Whether the Applicant purchased the property with knowledge of the requirement; Staff Comment: The applicant has owned the property since 1997, prior to the adoption of the Estes Valley Development Code. At that time, the property had setback requirements of 7-feet from the road centerline or 30-feet from the property line, whichever was greater. e. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff comment: A narrow house could be built without a variance. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Comment: The Board should use their best judgment if the requested variance represents the least deviation that would afford relief. 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. REFFERAL S AND OTHER ISSUES: This request has been submitted to all applicable 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. Retaining Wall. The narrowness of the lot combined with the reduced setback result in a tall, steep retaining wall supporting the driveway. Staff recommends this retaining wall be redesigned to include planting pockets to provide visual relief. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, staff finds: Page #3 - Benno Setback Variance Request 1. The size and shape of the lot create special circumstances that require a variance. 2. A conforming house could be built on the lot. 3. The Applicant's predicament could be mitigated through some method other than a variance. 4. The proposed house is in keeping with the character of the neighborhood. 5. The Board should use their best judgment if the requested variances are substantial. 6. The Board should use their judgment if the requested variances represent the least deviation that would afford relief. 7. The applicant has owned the property since before the adoption of the EVDC. 8. 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. 9. The variance would not adversely affect the delivery of public services such as water and sewer. 10. 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. 11. Approval of these variances would not result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 12. Approval of these variances would not allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought; Therefore, Staff recommends APPROVAL of the requested variances CONDITIONAL TO: a. Full compliance with the applicable building code. b. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This certificate shall verify the foundation complies with the approved site plan. c. The proposed retaining wall shall comply with Section 7.2.B6 of the Estes Valley Development Code. SUGGESTED MOTION: I move APPROVAL of the requested variance(s) with the findings and conditions recommended by staff. LAPSE: 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. Page #4 Benno Setback Variance Request North Park Place 1423 West 296 Street Loveland, Colorado " rj „ 1 RY A. W ITE .Attorney at .Law 970/667-5310 0538 Fax 970/667-2527 December 20, 2007 DAVE SHIRK, PLANNER COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Board of Adjustment - Variance Request - Benno Proposed Residence Dear Mr. Shirk I have no comment. If you have any questions, please do not hesitate to give me a call. GAW/ldr CC: Thorp Associates, PC - Roger M. Thorp Fax: 970/586-4145 To: Bob Goehring From: Mike Mangelsen Date: 12-14-07 Re: Benno Variance Request, 3323 Eiger Trail The Light and Power Department has reviewed the Board of Adjustment application for the above referenced property and has the following comments: 1.) We have no comments. December 18, 2007 Dave Shirk, Planner II Town of Estes Park P.O. 1200 Estes Park, CO 80517 aSTRICT ITK, P.O. Box 568 Estes Park, Colorado 80517 (970)-586-4544 (970) 586-1049 Fax Re: Variance Request Benno proposed residence Lot 9, Block 3, Amended Windcliff Estates 5th Filing 3323 Eiger Trail Dear Dave, The Upper Thompson Sanitation District submits the following comments for the above referenced property: • The District has no objection to the variance request. If you have any questions or need further assistance, please do not hesitate to contact me. Thank You, Chris Bieker Operations Manager Upper Thompson Sanitation District cc: Roger Thorp MMITTE DIT011EXC ELLENC,E TO: Dave Shirk, Planner Town of Estes Park PO Box 1200 Estes Park, CO 80517 EN O N EE RIN IA RIM ENT Post Office Box 1190 (Fort Collins, Colorado 80522-1190 (970) 498-5700 FAX (970) 498-7986 FROM: Traci Downs, Development Services Engineer DATE: December 17, 2007 SUBJECT: Amended Windcliff Estates 5th Filing, Lot 9, Block 3, — Setback Variance Estes Valley Planning Area Project Description/Background: This is a request for two setback variances from Eiger Trail and Eagle Cliff Drive for the construction of a single family residence at 3323 Eiger Trail. The reason for the request is due to topographical and lot size and shape constraints. Comments: 1. The setback variance is from Eiger Trail and Eagle Cliff Drive, which are both local roads. It should be confirmed that by the applicant that the building location does not encroach into any existing road easements or rights -of -way for Eiger Trail and Eagle Cliff Drive. Otherwise, the setback request should not create any issues for these roads given that the orientation of the proposed garage is such that the vehicles will still be parked outside of the road easement or right-of-way limits and there will be space on the property to maneuver the vehicles in order to exit onto Eiger Trail in a forward manner. 2. Staff assumes that any subsequent improvements on this site would not adversely impact the drainage patterns or create erosion problems in the area. If drainage patterns are going to be changed, a drainage plan will need to be submitted to the Engineering Department for review and approval. Any disturbance of the site should be reestablished to be equal to or better than the preconstruction condition. Alt disturbed areas should be reseeded with a native dry land seed mix. Recommendation: Other than the comments noted above, the Larimer County Engineering Department does not have any major concerns or issues with the submittal of this proposal. Please feel free to contact me at (970) 498- 5701 or e-mail at tdowns@larimer.org if you have any questions. Thank you. cc: Roger Thorp, PO Box 129, Estes Park CO 80517 reading file file HADEVREV\Pt,ANCHK1Refegals\CITIES1EstesMndclift Estates Setback Variance.doc HP ave k From: Sent: To: Subject: Hello Dave & Roger, Stan Griep [sgriep@larimer.org] Wednesday, December 12, 2007 10:23 AM Dave Shirk Benno Proposed Residence The only comments I have on the proposed project are as follows: 1. The project is in a 138 mph exposure C High Wind Design Area. 2. The project is in a 50 psf snow load area. And Class B Roofing area with roof ice barrier underlayment required. 3. Due to the sloping site and high wind design concerns with this project site, the structure and its foundation plans will need to be stamped by a Colorado Registered Engineer. If you have any questions please feel free to email me back or call me at 498-7714. A very Merry Christmas to both of you! :o) Stan Stan V. Criep Lead/Commercial Plans Examiner Latimer County Building Department Ft. Collins, Colorado 80522-1190 voice: (970) 498-7714 email: sgriep@larimer.org Architectural Control Com P.O. Box 3929 Estes Park, CO 80517 December 17, 2007 TO: Dave Shirk, Planner II dshirk u,Estes.org FROM: John Hiatt Chairman, WPOA ACC SUBJECT: Variance Request Benno Proposed Residence 3323 Eiger Trail Windcliff Estates DATE: December 17, 2007 "1-tee Our WindclifACC and owners adjacent to the Benno lot have approved the proposed Benno Plan. Because E.1 Estate setbacks were designed for lots of 1 acre or more and because they do not allow for differences in lot shape, steepness and surface geography, our committee tries to be flexible where conditions warrant a variance. In this case we believe a setback variance is truly justified. We totally concur with the statement of intent contained within the variance application and recommend that the variance be approved by the Estes Valley Development Board. Sincerely, John Hiatt WPOA ACC Chairman CC: Roger M Thorp roger a,thorpassoc.com Ken Allen, ACC Page 1. of 1 Julie Roederer From: Ken Pearson [pearsoninsurance@comcast.net] Sent: Wednesday, January 02, 2008 10:11 AM To: Dave Shirk; Julie Roederer Cc: mgetchell @ estesvalley.net Subject: Requested Variance recently received official notice regarding a request for two variances for a home to be built at 3323 Eiger Trail. I understand the Board of Adjustments is interested in the opinions of neighboring property owners. We live at 1521 St Moritz and strongly feel that approving the requested variances from long standing setback requirements is totally, absolutely inappropriate. What can be built on a lot , given established setbacks, is a factor that should be evaluated BEFORE THE LOT IS PURCHASED. Once purchased the lot owner should have to accept the setbacks as they are except in the very rarest of circumstances. Requesting to build a home 5 to 12 feet from any property line is so outrageous and arrogant it amazes me. Windcliff touts our green spaces and wide open areas so a natural "out in the woods" feeling can be enjoyed. Building so close to the property line inside the established setbacks — for either a house or deck — is just an inappropriate and inconsiderate request, sets HORRIBLE precedent, and is strongly counter to the spirit of our community. It is a shame that some people are so inconsiderate as to impose on their neighbors the necessity of expressing a common sense approach to development. We paid a lot of money for our lot and I am certainly not interested in the quality of the homes being cheapened by the granting of the variances requested for 3323 Eiger. Please give our comments the most serious consideration before voting on this. Thank you. 1/2/2008 STATEMENT OF INTENT Stephen Benno Residence Lot 9, Block 3 Amended 5th Windcliff Estates Subdivision 3323 Eiger Trail Special circumstances exist on Lot 9, Block 3 of the Amended 5ch Subdivision at Windcliff Estates that make quality residential design and construction difficult due to the narrow configuration of the lot. Without the variance, little more than a single wide modular home could be placed on the lot within the remaining 23foot buildable width leftover after the 25 foot front and rear setbacks are accounted for. In fact, due to the steepness of the lot and the practical need to minimize elevation difference between Eiger Trail and the residential access, the setback variance will need to be substantial. Similar to other homes along Eiger Trail, the residence is proposed to be sited within 5 feet of the east property line ( still 12 feet from Eiger Trail), which will hold the residence 41 feet away from the more heavily traveled Eaglecliff Drive to the west. Actual requested setbacks to the property lines are called out on the Development Plan, Sheet A01 The requested variance will not adversely affect the delivery of any public services, Although at the time of purchase the Owner/Record Holder was aware that a setback variance would likely be required in order to make the property buildable, he was informed that all other setback variance requests along Eiger Trail and other areas in Windcliff Estates had been successful and that there was no other way to mitigate the predicament. Submittal Date: ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION November 20, 2007 Gel cr'8I Inio;0.18[Oon Record Owner(s): Stephen Benno Street Address of Lot: 3323 Eiger Trail Legal Description Lot: 9 Block: 3 Subdivision: Parcel fD # 344 10115009 Section 10 Site Information Amended 5th Windcliff ,0011111„, 10V 2 0 20(n)°" Front and Rear Setbacks Name of Primary Contact Person Ito ger M. Thor , AIA Thorp Associates, PC 970. 586.9528 mein. Address129, . I'0 Box Estes Park, CO 05�""� prii°rH2P1•,r. 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) rX 1 copy (folded) of site plan (drawn at a scale of 1" = 20')'* rX 1 reduced copy of the site plan (11" X 17") rR Names & mailing addresses of neighboring property owners (see attached handout) The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). he 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 Park 4, P.O. Box 1200 170 MacGregor Avenue .3% Estes Park, CO 80517 Community Development Department Phone: (970) 577.3721 .. Fax: (970) 586-0249 . www.estesnet.com/Compev Primary Contact Person is n""""'° Owner g Applicant Record Owner(s) Stephen Benno Mailing Address 910 Colorado Dr, Allen TX 75013 Phone 214 n495.8264 Cell Phone Fax Email N°""'°° Consultant/Engineer Applicant Mailing Address Roger M. Thorp, Thorp Associates PC PO Box 129, Estes Park, CO 80517 Phone 970.586.9528 Cell Phone 970.679.7810 Fax 270.586.4145 Email rager@thorpassoc com Consultant/Engineer 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 www.estesnet.com/ComDev/Schedules&Fees/PlanningApplicationFeeSchedule.pdf. All requests for refunds must be made in writing. All fees are due at the time of submittal. D E CEO V EI el 2. 0 7007 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 www.estesnet.com/ComDev/DevCode.) ► 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 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 comers of my property and the proposed building/structure comers 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 decisio P.•. _- r •� LF�Itab Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT: Stephen Benno NOV 2 0 2007 Applicant PLEASE PRINT: Roger M. Thorp Signatures: Record Owner Applicant Date Date Nov", 20. 200.7 Nov. 20. 2007 Revised 10/13/06 Zoning Districts § 4 3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts Zoning District Max. Net Density (units/acre) Minimum Lot Standards 111 Minimum Building!' . cture Setbacks [2] [4] [9] Max. Building Min. Building Width (ft) Max. Lot Coverage (%) Area (sq . ft) Width (ft) Front (ft.) Side (ft) Rear (ft) Height (ft.) [101 RE-1 1/10 Ac. 10 Ac. 200 50 50 50 30 20 n/a RE 1/2.5 Ac. 2.5 Ac. 200 50 50 50 30 20 n/a E-1 1 1 Ac. [3] 100 25 25 25 30 20 n/a 25-arterials; E 2 Y2 Ac. [3] 75 15-other streets 10 15 30 20 n/a 25-arterials; R 4 1/4 Ac. 60 15-other streets 10 15 30 20 n/a R-1 8 5,000 50 15 10 15 30 20 n/a Single- family = 25-arterials; R-2 4 18,000; Duplex= 60 15-other streets 10 10 30 20 Duplex = 50% 27,000 Residential Uses: 40,000, 5,400 sq. ft./unit 60; Lots RM Max = 8 and [4] [5] [8] Greater 25-arterialls; Multi - Ord. 18- Min .,.. 3 Senior than 15-other 10 10 30 20 [7] family= 01 #14) Senior institutional Institution- al Living 100,000 sq. ft.: streets [6] 50% Living Uses: Uses: % 200 Max = 24 Ac. Notes to Table 4-2: [1] (a) See Chapter 4, §4.3.D, which alliows a reduction in minimum lot size (area) for single-famlly residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3111. (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 reduction in minimum lot size (area) for attainable housing. (d) 2-02 See Chapter 7, §7.1, ##1 6) which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. [2] See Chapter 7, §7.6 for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 #5; Ord. 11-02 §1) [3] If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." [4] Town home developments shall be developed on parcels no smaller than 40,000 square f; : ; however, each individual town home unit may be constructed on a minimum 2,000 square foot lot at a maximum density of 8 dwelling units per acre. [5] MA -family developments shall also be subject to a maximum floor area ratio (FAR) of .30. [6] Zero side yard setbacks (known as "zero lot line development") are allowed for town home developments. [7] Minimum building width requirements shall not apply to mobile homes located in a mobile home park. [8] Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18-01 #14) [9] All structures shall be setback from public or private roads that serve more than four dwellings or lots. The setback shall be measured from the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. This setback Is not applicable in the "MF' district. (Ord. 11-02 §11) [10] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 #3) Supp. 4 4-7 N N �xGi 1113 c u� iV use OOD D I-t$tp� o 0, up _pmp°oCn7 om CD co N C? g UUU ^U Sr C)—tpUU„zs v 0 v, g ba--i c xx i�g 3r t P E ° N p O Nam d4 a¢ °' -Oa p 'Fd cr �0 a75 l° y y fA Vjtsco U�oNgYg EL a $ b'�EwHas Ew"mOE523C)WWpau1C7m2=Lom3C3 gCgQa co m a • a, i m215 t7 U U c c a — 0d3 o Cp • C s-m``o iqi . m ag a1a 08"S2 E O gEi°,eU`sit,-it,6c2k3 11) L 29 e v €?irnza8Sc¢aNr02 ac��i=3X�rn°m_ 253aan�C5LEJu.Zui "accui3 P. m afP CD Cr 8 7.1.t CDCD808Ta§cc�oo E 2 - a ▪ . ag ~ U CO H a, b > c i.E eam• Y c0U, - 10 2 t c J a1 aC 2 Cow°=" td�aasN �'a rFi s- a,a �L° `Icy yZ caiN %'2 E00 � w U c sE c2ai1L1 CYY was � pd acg cci aa)a) co �,a:o t In pl 3•s V .,Lx NQ¢3 z� M ei as,3,7>g ,mn•ccgra€,`3°d`@E�amc8 c c3EEto$2Eo2cvc1°6m0Cf0 O4()00CJGn iiC7blc- 22H 3g6cY60aUJ} ai Benno Variance Az C/) rD (-4, y� �W A^" c`ti v o v)rn �V 7" N l ,, onoPy'" ,`rDo O WO coo '� ru O �' � v� ° �° C O �cop � � Cr (\li$ w • 1 N Oo o ��7 rat �'t 00 N E .c P~ r2i1 rt W W )-1 • 41.11111111111 rn CU 03 NR .Apa 11Pa18e3 BENNO RESIDENCE 3323 Eiger Trail Estes Park, Colorado 80517 l Thorp As;,uui lies d,,p,r f c r .;uitM B'f AriNEVdS "I kV 5- Z1 BENNO RESIDENCE 3323, Eiger Trail Esres. Park, Colorardo 80517 Thorp•Associates P.C. Alflc31ITLC S and f1 F,EN.N I0 AI0 JET 12-03-07 14:30 0 O y as r-m G t r Level Floor $ f tt O `Y g. ib y I N � n L-- 10 d i e 1 8 77 7 m X N A El 4, ITS N Ega pg�@� 1-P m AW 0 lJ J N_ (12 _ 1�!\ J ❑ I pi, r,� lak fwl, I � r I7 J y 1 0 IN o 2-1341 o BENNO RESIDENCE 3323 Eiger Trail Fctr>c Pnrk C'nInrnrin $10517 TA Thorp Associates P.C. AIaCHi TFC: T ::ePiv;1 I"i.f'AIYV°!1•f•i2 BENNO RESIDENCE 3323 Eiger Trail Estes Park, Colorado 80517 11;A.V1 • rtlit ..,� ARCHTECTS and PLANNERS TA ThorpAssociates P.C. A30 JET 10-25-07 16:58 R — I 6 ii1ji T g P N i E ui n pp n O 0 0 N �al ! N LE 3 N n BENNO RESIDENCE 3323 Eiger Trail Estes Park. Colorado 80517 o-Jongs on. yquFcs Lr 1 Lr Thorp Associates P.C. s. TAI ARCHITECTS and PLANNERS L O r f D- om e 4 } an a cn �F n A. a T 1 0 73 CD N rh m_ CD N r-r O� FCC r" L. Lr L.r a VnipaismarairAirig �rll-- r BENNO RESIDENCE 3323 Eiger Trail Estes Park, Colorado 80517 TA1Thorp 'Associates P.C. ARCHITECTS and PLANNERS sf- BENNO RESIDENCE Windcliff Estates Estes Park, Colorado 80517 Measurement of Maximum Building Height on Slopes Point "b" on thc Site Plan Sheet A01 is thc highest point of thc building's roof abovc existing grade (not including chirmcg 5). Roof Elevation at "b" Existirg Grade at "b" - Ridge Weight at "b" - 8606.5' 656(5.0' 38.5' Calculation of rnaximule height joer Estes Valley Development Gode Section 1.9E2. Point "e 5 the highest existing grade at building perimeter, Mb - 30° 5 x (a-b) a is Highest Exist. Grade - 0591.0' b is Existing Gradc.:at "b" - 05680' Mb - 30+ .5 x 23:0' , 41.5' Mb may not exceed 40' Per EVDC., - 40.0' Actual height oF 30.5' < maximum allowable height of 40.0' a )5qk 4‘. r 17v,410.4e) 4 85.GE5 12riaoc 4?)506+ 20‘-6'it 13(0 06 5 Sc,f3 67" -7'30-r:5(91-C.8) o" (may pe., 17, coote..) WELL COMPACTED NATURAL SOIL ROCK RETAINING WALL DESIGN FOR THE BENNO SITEPLAN LOT 9, BLOCK 3, WINDCLIFF 5TH NOT TO SCALE SWALE TO DIRECT RUN—OFF ////NAOj`//%/`jj`/MMOO. _ /OVOMOR `j/\//\j/`\j/`//`//`\//`//\\//`\//\\//�//�//4 4: i��j/.j/..//.//.///•,, ////.j/.//.//.j/ //,� //\//��j/ //\//��//��\`j/\//�\//\\/'• \jj��j/��//��4\k V\`//\/` 4//`�/`//\/` •4/v\//\//`�/`�/ WAj4//`//`//`j`//`//;y`//`//�//;//i.._ .. //��/\\//�//Q�/�\�\\�/��/� \\�/�\'4`< \+���s�\j\\%\\j\\j\\/\\j\\j\\%W`j�\%'. -\\.' .'..`/``�' `j`&. //:,w;" \\��\//`////\//m~,b %ow* *44 \/\/off \�/� \//`\!/\,/\\'/`�/�'/\\�/Q<` >`/ r+////// . y_ 36"-48' DIAMETER ROCK (BIGGER ROCK AT BOTTOM OF WALL) 7 2 t!L4iE SOIL TO BE WELL COMPACTED AROUND ROCKS AS THEY ARE SET ±20' ROCK WALL 18" MINIMUM DRAWN DATE ZSH/ALP 12-03-2007 VAN HORN ENGINEERINC- 1043 rlsh Creek'Road — Estes Paric, CO 80517 ' Phone: (970) 588-9388 — Fox: (970) 586-8101 SCALE PROJ. NO. NTS 2006-11-01