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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2007-09-113 Prepared: September 5, 2007 Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, September 11, 2007 9:00 a.m. — Board Room, Town Hall 1. PUBLIC COMMENT 2. CONSENT a. Approval of minutes dated July 10, 2007 b. Metes & Bounds Property located immediately north of 1895 Big Thompson Avenue, Yakutat Land Corporation/Applicant — Request for continuance to November 6, 2007 Estes Valley Board of Adjustment meeting 3. REQUESTS a. Metes & Bounds Property located at 2760 Fall River Road Owner: Inn Owners' Association, Inc. Applicant: Owner Request: Request for a one-year time extension for setback variances approved August 1, 2006 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. Estes Valley Board of Adjustment The next scheduled meeting will be held Tuesday, October 2, 2007. There are currently two items on the agenda. You can view information about all current submittals, including next month's Board of Adjustment items, on our web page: www.estesnet.com/comdev/CurrentRequests.aspx RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment July 10, 2007, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Attending: Chair Newsom; Members Dill, Levine, Lynch, and Sager Also Attending: Director Joseph, Planner Shirk, Recording Secretary Roederer Absent: None Chair Newsom 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 AGENDA a. Approval of the minutes of the June 5, 2007 meeting. Discussion was held regarding requested changes to the June minutes by Petitioner Mark Elrod, including a spelling correction, replacement of the term "swale" with "wash", addition of "migration" to "wildlife", and deletion of the sentence, "This also includes showing the thirty-foot stream setback measured from the thread of the drainage" from Condition of Approval 1.c. Director Joseph stated planning staff has no objections to Mr. Elrod's proposed corrections to the minutes. It was moved and seconded (Sager/Levine) to approve the minutes of the June 5, 2007 meeting with the changes requested by Petitioner Mark Elrod, and the motion passed unanimously. 3. METES AND BOUNDS PROPERTY LOCATED AT 189 AND 191 EAST RIVERSIDE DRIVE, Applicant: Paul and Sally Whyard — Request for variance from Estes Valley Development Code Section 4.4, Table 4-5, which requires a 10-foot side -yard setback for Commercial Downtown -zoned properties adjacent to residential properties. Director Joseph reviewed the staff report. He stated this is a request for a variance to allow a zero side -yard setback in lieu of the ten -foot side -yard setback required for properties zoned CD —Commercial Downtown that are adjacent to residential properties. Approval of the variance would allow construction of a second- and third -story addition above the existing gallery on the south side of the building. CD zoning allows buildings to be built up to the side property lines unless the adjoining property is residential. No change to the building footprint is proposed other than the addition of stairs to the front of the building, which will provide access to the proposed new residential space. The owners purchased the property in 2004 and have since made significant improvements to it. A variance was granted in January 2005 to allow installation of three picnic tables. A second variance was granted in December 2005 to allow construction of the gallery and a second -story dwelling unit above the gallery. The gallery was constructed, but the second story was not. The owners have revised their plans and wish to build a second- and third -story addition. Because a flat roof is proposed, the addition will meet the thirty-foot height limit. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment July 10, 2007 Planning staff has reviewed the application and finds the following: • Beneficial use of the property is possible without a variance; the existing use of the property may continue. • The variance request is substantial; however, if use of the adjoining residential property changed to commercial use, the required setback from the southern property line would be zero feet. The owner of the adjoining property to the south was notified of the variance request and did not express concern. The applicant has stated this property is used as a rental property. • The essential character of the neighborhood would not be altered. The proposed addition is taller than most buildings in the neighborhood and that flat roof is unique to that area; however, planning staff anticipates similar renovation and redevelopment of neighboring properties in the future as property owners fully utilize the floor area ratios (FAR) available to them. • There will be no adverse affect on the delivery of public services. • The property was purchased in 2004, with knowledge of the setback requirements. • In considering whether special circumstances exist, the size and shape of the lot pose some physical limitations to the siting of the building. • Comments provided by the I sight and Power Department and Water Department will be addressed with the building permit. Planning staff recommends approval of the requested variance. Public Comment: The applicant, Paul Whyard, expressed concern about the recommended condition of approval regarding obtaining a maintenance access easement on the property to the south. This was also a condition of approval for the variance granted on December 6, 2005 to allow construction of the current galllery. The condition was later waived by staff because the adjoining property owner was advised by legal council that granting such easement may negatively impact her should she ever decide to build out to the property line she shares with Mr. Whyard. Mr. Whyard stated he has an amicable relationship with this neighbor, who allows him access to her property for construction/maintenance. He noted the proposed addition is actually located two feet from the property line, so a narrow area for access will remain. He intends to use a corrugated metal siding on the second and third floor addition that wiilll not require regular maintenance. He stated the additional living space will be for his family's use; it will not be a rental) unit. Discussion was held between Board members„ Director Joseph, and Mr. Whyard regarding the future location of the dumpster. It was agreed to modify condition of approval #1 to allow some flexibility in determining the final) location of the stairs and dumpster. It was moved and seconded (Sager/Dill) to approve the variance request for the Metes and Bounds Property located at 189/191 East Riverside Drive, to allow a zero setback from the southern property line in lieu of the required 10-foot setback, with the findings and conditions recommended by staff and the agreed -upon modification to condition #1, and the motion passed unanimously. CONDITIONS: 1. Compliance with the submitted plans, with the final configuration of the stairs and dumpster to be determined by the owner in consultation with his architect; all building code requirements must be met. 2. Compliance with Will Birchfield's memo (Estes Park Buildiing Department) to Allison Chilcott dated 6/20/07. 3. Provide a height verification certificate. 4. REPORTS None. There being no further business, Chair Newsom adjourned the meeting at 9:27 a.m. Wayne Newsom, Chair Julie Roederer, Recording Secretary To: Estes Valley Board of Adjustment From: Dave Shirk, Planner tl Date: 9/6/2007 Re: Fawn Valley Variance time extension `Town of Estes P�aIr u nity Development The Inn Owner's Association for Fawn Valley Inn requests a time extension for variances granted in August 2006. Typically, variances expire after one year. The 2006 variance included three requests for setbacks to property lines, and was a "blanket" variance for all decks. The applicant has been in the process of replacing/expanding the decks, though construction was halted for the summer tourist season before all decks could be replaced. Therefore, the applicant is requesting this time extension, which staff recommends approval of. The original staff report is included for reference. Fawn Valley Inn Side Y Re uests rd a<dance 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 www.estesnet.com DATE: August 1, 2006 RE UEST: A request by Daniel Ludlam on behalf of owner Inn Owners Association, Inc. (Lindsay Lamson) for a variance from the "A" Accommodations side yard setback requirements. LOCATION: 2760 Fall River Road, within unincorporated Larimer County. APPLICANT: Daniel Ludlam PROPERTY OWNER: Inn Owners Association, Inc. STAFF CONTACT: Dave Shirk SITE DATA TABLE: Surveyor: Van Horn Engineering (Lonnie Sheldon), 586-9388 Parcel Number: Condominium association with numerous parcel identification numbers Number of Lots: Three Proposed Land Use: Same Adjacent Zoning - Development Area: 1.92 acre +/- Existing Land Use: Accommodations Existing Zoning: "A" Accommodations East: "A" Accommodations West: "E" Estate Adjacent Land Uses - North: "A" Accommodations South: "A-1" Accommodations East: Accommodations West: Single-family North: Accommodations South: Single-family Services - Water: Well Sewer: UTSD Fire Protection: Estes Park Volunteer PROJECT 1 S ";I ION AC G OUND: The applicant requests the following setback variances: 1) Alpine House: east side yard to allow setback of twelve feet in lieu of fifteen feet required. 2) Fawn Valley Inn: east side yard to allow setback of ten feet in lieu of fifteen feet required. 3) Fawn Valley Inn: west side yard to allow setback of ten feet in lieu of twenty-five feet required. These requests are to allow expansion of existing decks at an accommodations facility that has been in place since the late 1960's. The decks are currently five feet wide, and the applicant desires to expand the decks to ten foot wide. The expansion is part of an ongoing renovation of the property, which was purchased by the owner (Lindsay Lamson) in 2004. 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 set forth below: 1. 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 burden of demonstrating special circumstances resulting in a hardship is incumbent upon the applicant. It is Stars opinion there are none regarding the westernmost variance request., It is plausible the interior lot lines are a special circumstance tied to the condominium map. 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: The property may continue as accommodations use as it has been for nearly forty years. The applicant requests these variances as part of an on- going property renovation. Page #2 Fawn Valley setback Request b. Whether the variance is substantial; Staff Comment: The Board should use their best judgment if the requested variances are substantial. 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: The expansions for the Alpine House and along the east side of the Fawn Valley Inn building would have no impact on the character of the neighborhood. These buildings, which are part of different condominium associations, share a common site, including access and use of the central pool area. If one hadn't seen a condominium map, one would not know the intervening property lines exist simply by standing on the site. These variance requests are to allow setbacks of ten to thirteen feet instead of the fifteen feet typically required. The addition at the west end of the Fawn Valley Inn requires a variance to build within ten feet of the property line, which has an increased setback requirement of 25-feet due to the adjoining residential use and zoning. This request would have more of an impact on the neighborhood than the "interior" setback requests. d. Whether the Applicant purchased the property with knowledge of the requirement; Staff Comment: The applicant purchased the property in 2004, with the current setback requirements in place. e. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Comment: The proposed expansions require a variance, though the proposed expansions are not required. Five foot wide decks currently exist, and the applicant requests to expand these to ten feet wide. 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 variances represent the least deviation that would afford relief. Page #3 —Fawn Valley Setback Request 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. Staff Comment: Should the Board approve the western deck expansion, Staff recommends the applicant comply with the District Buffer landscaping standards set forth in Section 7.5 of the Estes Valley Development Code. This includes submittal of a landscaping plan, and compliance with applicable size, design, maintenance, and warranty standards set forth in Section 7.5. FFERAL COMMENTS 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. STAFF FINDINGS D RECOMMENDATION: Based on the foregoing, staff finds: 1. It is Staffs opinion no special circumstance or hardship exists. 2. The property may continue to be used for accommodations use. 3. The proposed expansions require a variance, though the proposed expansions are not required. 4. The proposed expansions would not alter 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 purchased the property in 2004, with the current setback requirements in place. 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 variances 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: Page #4 Fawn Valley Setback Request 1. DISAPPROVAL of the requested variance to allow a western side yard setback of 10-feet for the Fawn Valley Inn; and, 2. APPROVAL of the requested variance to allow an eastern side yard setback of 10- feet for the Fawn Valley Inn; and, 3. APPROVAL of the requested variance to allow a side yard setback of 12.5-feet for the Alpine House; CONDITIONAL TO: a. Full compliance with the applicable building code. b. Prior to final inspection, submittal of a setback certificate prepared by a registered land surveyor verifying compliance with approved variances and site plan. Should the Board approve the western deck expansion, Staff recommends the applicant comply with the District Buffer landscaping standards set forth in Section 7.5 of the Estes Valley Development Code. This includes submittal of a landscaping plan, and compliance with applicable size, design, maintenance, and warranty standards set forth in Section 7.5. SUGGESTED MOTION: I move DISAPPROVAL of the requested variance to allow a western side yard setback of 10-feet for the Fawn Valley Inn; and APPROVAL of the requested variance to allow an eastern side yard setback of 10-feet for the Fawn Valley Inn; and APPROVAL of the requested variance to allow a side yard setback of 12.5-feet for the Alpine House, with the findings and conditions recommended by staff. DENIAL: I move DISAPPROVAL of the requested variance because... (state reason for denial - findings). 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 #5 Fawn Valley Setback Request July 30, 2007 To: Dave Shirk Estes Valley Planning From: Lindsay Lamson Fawn Valley Inn Owners Association Re: Extension of variance granted August 1, 2006 The Board of Adjustments granted a variance in August 2006 for expansion of existing decks at Fawn Valley Inn that encroach in the current side lot set back. Two of the three decks affected by the variance on the West end of Fawn Valley Inn have been built. Building permit applications are pending on two decks affected by the interior lot line set back. The two units affected by the set back on the East end of Fawn Valley Inn have not yet submitted building permit applications and an extension of the variance approval would give them an opportunity to do so. As you know, granting of building permits has been delayed by Estes Valley Planning, pending the revisions and recording of the Fawn Valley Inn Owners Association Condominium Map and Declaration. That process is almost complete with the notice period ending August 20, 2007. You have a copy of the new map and declaration. Mr. John Phipps, the attorney for the Association, will record the map and declaration as soon as possible after the notice period. I do not know how long it takes Larimer County to record documents and give a copy of the recording information. As soon as we get the recording information we will provide you with a copy. This request for an extension of the variance is for a period of one year. I understand that only one extension can be granted. After this extension, Fawn Valley Inn or an individual condominium owner would have to complete a new variance request. There are no changes in the deck expansions as presented in the original variance request. This application is for a time extension only. Please let me know what additional information you might need. 2 Lin . y Lamson, President""'° .mm Fa u Valley Inn Owners Association Cc: Mr. John Phipps Submittal Date: Type of Application; Development Plan Special Review Rezoning Petition Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat General Information Project Name Project Description Project Address Legal Description Parcel ID # W c29‘20 ESTES VALLEY DEVELOPMENT REVIEW APPLICATI l"" Boundary Line Adjustment f'"°'mROW or Easement Vacation I""""' Street Street Name Change ( Time Extension """ Ot er: Please specify Section Township Total Development Area (e.g., lot size) in acres Existing Land Use Proposed Land Use Existing Water Service I Town Proposed Water Service 7 Town I` Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? r Yes Existing Gas Service Existing Zoning Site Access (if not on public street) Are there wetlands on the site? Well i None Well iNone r EPSD P..,. EPSD I- No r Xcel r Other 11,11,111111,1,011111111011111110 mm0000mt000mmmomnW�mmm� Condominium Map i""""""' Preliminary Map r"" Final Map Irm Supplemental Map JoCf4 ■ Range i, ,�m Other (specify) I,,,, Other (specify) I°"" UTSD f '"' Septic r None UTSD r Septic r"' None Proposed Zoning Yes r_.. No Site stakin' must be completed at the time application is submitted. Com • lete? L...... Yes r No Primary Contact Information Name of PaPerson Complete MainAddressD ? 4 Jv�,17 J r 990 -9 Attachments Application fee - itlnb Statement of intent //`rc,., 3 copies (folded) of plat or plan jt 11" X 17" reduced copy of plat or plan Names & mailing addresses of neighboring property owners (see attached handout) Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park P.O. Box 1200 170 MacGregor Avenue -es Estes Park. CO 80517 Community Development Department Phone: (970) 577-3721 4. Fax. (970) 586-0249 -a www.estesnet.corn/ComDev gntact lntormation „ Primary Contact Person is Record Owner(s) Mailing Address Phone Cell Phone Fax Email Applicant Mailing Address Phone Cell Phone t°"""' Owner /4424 0 7, Consultant/Engineer_ 1/ Mailing Address Phone Cell Phone Fax Email r7 -- (.4"3.7 1V"Applicant i° Consultant/Engineer 2 a- 486 9-7aP(5? APPLICATION FEES For development 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 re ! uests for refunds must be made in writin . All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION On July 1, 2001, House Bill 01-1088 became effective. This legislation requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to give notice of their application to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development. I hereby certify that the provisions of House Bill 01-1088 Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: L,1jCif" Applicant PLEASE PRINT: Signatures: Record Owner f G >S Date 07 Applicant Date 0. 1 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). 0. 1 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.) • 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. • 1 understand that this proposal 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. 0. 1 grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. 0. 1 acknowledge that I have received the Estes Valley Development Review 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. Names: Record Owner PLEASE PRINT: Applicant PLEASE PRINT. Signatures: Record Owner Applicant 694-0, ftic Date Date 7(.0. , 0 Revised 06/26/07