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Home My WebLink AboutVARIANCE Setback 522 Heinz Pkwy 1998-04-04110ARD OF ADJUSTMENT The BOARD OF ADJUSTMENT meets at 8:00 a.m. on the first Tuesday of each month (as needed), in the Board Room (Room 130) of the Municipal Building. This is a petition for a variance of the zoning ordinance. It must be on file at the Community Development Office (Room 210), Town of Estes Park, twenty-one (21) days prior to the Board ofAdjustment meeting. A$50 processing fee shall accompany the Variance Application. Checks should be made payable to TOWN OF ESTES PARK. Additionally pursuant to Municipal Code, Applicants shall also be responsible to reimburse the Town for legal, engineering and planning costs incurred by staff and consultants as necessary for project review. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. It is understood that only those points specifically mentioned are affected by action taken on this appeal, The Petitioner or Representative should be present at the Board of Adjustment meeting. Your Application must include a Statement of Intent, 12 copies of a Site Plan, drawn at a scale of 1" = 20', 1 reduced copy (11" x17") that includes the following: Property lines with dimensions, all structures, trees, rock outcroppings on the lot, topography, edge of street traveled way, adjacent structures within 100' of the lilt boundaries, and any other pertinent informatim, -77- V1D 1,1.7" / / PA K PM ( P P ,0-17/9Rdt< xi4 ,var Address of Lot or Tract : Poo-71013 0E- ) 4-- c). CC-7 ko),) r e -73 1.3 ii/r' fr /57i- Number Street Legal Description: Lot /0 Block 2.-- Tract Owner's Name: 1)11,J r1 Yin Owner's Address: 3 .:.?"1 om ie- r-p(L64.r Number Street Box # City Petitioner's Name: 'ill ill 6' Petitioner's Address: 414,11 (7-2 State Subdivision 4-1:()I(' TAM/Vec" Lr Telephone IP I (90c,)93(0 - 7:73 77 Zip 5,4 Telephone ##- Number Street Box # City State Petitioner is: (check one) Owner Lessee Agent 17. zo.c>4-0, - 46-r13A'c..V5 \/6(2-V DC; y'elavio .4610- 6n e dAl e 6;-5r& z0A).6- Fizovo TD 10 SPECIFIC VARIANCE DESIRED - SECTION #: Zip STATE WHY IT IS NOT PRACTICABLE TO COMPLY WITH TICE ORDINANCE: 1;41062 7 //11/4///kt 427/ 5 / .2' 0" 4407 ,../VA7A/4/(,,,7 /W101 t7; /e,:;$223'/AF,/20 r4& /4.45 //‘-' //2A1/2 7./l/t/ NAMES AND MAILING ADDRESSES OF ALL ADJACENT PROPERTY OWNERS (within 100', excluding R-O-W). Use separate sheet if necessary. 411 _frif<10 -/V PEI], I IONER. Date and Time of Board of Adjustment Meeting: rormskhoa.app DA n: / I fk 771 a xyk • (Office Use Only) TO: GREG WHITE BILL LINNANE FROM: ROBERT B. JOSEPH SENIOR PLANNER SUBJECT: November 13, 1998 Lot 10, Block 2, Park Entrance Estates Portion of SW 1/4 of Section 26, T5N, R73W, the end of Heinz Parkway - Upper Park Entrance Estates Variance Request - 17.20.040 (b) (1) (b) Enclosed please find a Board of Adjustment Application for the above referenced property. This same request was approved on May 5, 1998, however, the approval has expired. This item will be recommended for approval and placed on the Consent Agenda unless this Office receives an objection to doing so. The Board of Adjustment will meet on Tuesday, December 1, 1998 at 8:00 a.m, in the Board Room (Room 130) of the Municipal Building, 170 MacGregor Avenue. Please submit any comments you may have regarding this request as soon as possible, but no later than Friday, November 20, 1998. ALSO, PLEASE SEND A COPY OF YOUR COMMENTS TO THE APPLICANT AT THE ADDRESS OR AGENT SHOWN BELOW. Van Horn Engineering P 0 Box 456 Estes Park, CO 80517 Fax: 586-8101 Thank you for your comments. PRP()) 5R% 5331 113(....)X. 1200 • "11 70 MAC GREG(.IR A ENKA * ES PARK„ 8051 7 (970) 586-0.249 STATEMENT OF INTENT SETBACK VARIANCE PORTION OF THE SW '/4 OF SECTION 26, T5N, R73W This variance was granted by the Board of Adjustment on May 5, 1998. The house that was designed for the lot at that time did not proceed to construction after it was bid due to costs. A new house is now designed, but the variance has expired. This request is to extend the variance exactly as originally granted. April 16, 1998 TO: ADJACENT PROPERTY OWNER RE: THE END OF HEINZ PARKWAY - UPPER PARK ENTRANCE ESTATES, PORTION OF SW 1/4 OF SECTION 26, T5N, R73W WEST OF LOT 10, BLOCK 2, PARK ENTRANCE ESTATES Please find information enclosed regarding a request to the Board of Adjustment pertaining to property which is adjacent to yours. Applicant is requesting a variance from Section 17.20.040 B (1) b. This request will be considered by the Board of Adjustment on Tuesday, May 5, 1998, at 8:00 a.m. in the Board Room (Room 130) of the Municipal Building. Should you have any questions, desire additional information, or if you would like to comment on the proposed requested, please contact me at the address or telephone number listed below. Sincerely, TOWN OF ESTES PARK Community Development Department Robert B. Joseph Senior Planner Enclosures 165 Golden Oak Drive Portola Valley, CA 94028 April 30, 1998 Community Development Department Attn.: Mr. Robert B. Joseph Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 RE: PETITION FOR VARIANCE THE END OF HEINZ PARKWAY - UPPER PARK ENTRANCE ESTATES Gentlemen: This is in response to your letter of April 16, 1998 regarding the above subject. As adjoining property owners to the west we ask that the Board of Adjustment decline this petition for variance for reasons given below. The requested variance will affect the privacy, view and property value of our home. The request is to reduce the building setback along our property line to ten feet. Ten feet is a very short distance for home building setbacks. The application states "The lot is 1/3 minimum lot size, and is narrow with steep slope. Required setbacks use up more than 1/2 the lot." The lot was a recent purchase, and, to the extent that the above items are deterrents, these subdivision regulations were in place at the time of purchase. The application sites the steep slope of the hillside and resulting driveway. There are numerous roads and driveways in the area with equal or greater slopes. This, in fact, is one of the greatest value items of this area. The application states that "the house to the west is separated by various trees and a rock ridge." From the drawings in the application, it is not possible to determine which house is directly to the west as adjacent lots are not shown. The pine trees in the area are sparse and rocks are not in the line of sight of living areas. Neither eliminate the effect on privacy and view of a ten foot setback. We are agreeable to an on -site meeting with the applicant to mutually consider his needs and their effect on our home. We ask that this petition for variance be declined at this time. Sincerely yours, Vu Gt CIAO ttt,f-avv Thurmond A. Williamson STATEMENT OF INTENT SETBACK VARIANCE PORTION OF THE SW 114 OF SECTION 26, T5N, R73W This request is to ailcw the reduction in the sideyard setback from 25 feet to 10 feet in a portion of the SW 1/4 of Section 26, T5N, R73W of the 6th P.M. Currently, the parcel does nct have any improvements located on it. The parcel currently allows for a 50' wide building envelope on an average sloping hillside of 22 percent. In order to provide a driveway with a slope of approximately 15 percent, the most accessible means to enter a garage would be to rotate the house approximately 16 degrees. Rotating the house forces the proposed building to encroach into the setback and optimize the view corridors. The rotation is similar to the neighboring houses in the area. The house has been proposed to encroach onto the westerly setback, allowing for a greater separation for the house to the east. The house located to the west is separated by various trees and a rock ridge. In summary, the 50 foot buildable lot width along with the combination of the steep slopes make for a hardship to place a home on this site. These are the reasons for the request in relief for the sideyard setback. 4/25/98 Town of Estes Park community Development Department R. B. Joseph P.O. Box 1200 Estes Park, CO 80517 RE: Building Variance SW 1,1 of section 26, T5n, R73W West of Lot 10, Block 2, Park Entrance Estates Dear Mr. Joseph, Unfortunately the proposal that was sent out to adjacent property owner Ledward, was misadressed and so not received. Fortunately a neighbor sent us a copy which prompts this response. Based on the site plan and vicinity map furnished we are unable to determine with any certainty how the proposed variance would impact on our property. More detail and clarity would certainly help as well as the positions of rocks, trees and surrounding structures. As we will not return to Estes Park until the middle of May it is not appropriate for us to approve of the variance at this time. Sincerely, The Ledwards 6483 E. Via Algardi Tucson, AZ 85750 (480 Upper Larkspur Rd. Estes Park, Co 80517 CC; T. A. Williamson Memo To: Board of Adjustment From: Bob Joseph Date: November 23,1998 Subject: Setback Variance Request from West of Lot 10, Block 2, Park Entrance Estates This request was originally approved by the Board of Adjustment on May 5, 1998. The variance has expired and Applicant is requesting to extend the variance as originally approved. Original Staff report and Minutes of approval are attached. Staff Recommendation Recommend approval of variance extension request. FOARD OF ADJUSTMENT The BOARD OF ADJUSTMENT meets at 8:00 a.m. on the first Tuesday of each month (as needed), in the Board Room (Room 130) of the Municipal Building. _ his is a petition for a variance of the zoning ordinance. It must be on file at the Community Development Office (Room 210), Town of Estes Park, twenty-one (21) days prior to the Board of Adjustment meeting. A $50 processing fee shall accompany the Variance Application. Checks should be made payable to TOWN OF ESTES PARK. Additionally pursuant to Municipal Code, Applicants shall also be responsible to reimburse the Town for legal, engineering and planning costs incurred by staff and consultants as necessary for project review. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. It is understood that only those points specifically mentioned are affected by action taken on this appeal. The Petitioner or Representative should be present at the Board of Adjustment meeting. Your Application must include a Statement of Intent, 12 copies of a Site Plan, drawn at a scale of 1" = 20', 1 reduced copy (11 "x17") that includes the following: Property lines with dimensions, all structures, trees, rock outcroppings on the lot, topography, edge of street traveled way, adjacent structures within 100' of the lot boundaries, and any other pertinent information. The end a-( en2. Partway- Upper Part &n+rance Gs.ta-teS Address of Lot or Tract : Po r fh can o f SG() ' /4 0 -F S ecfi CsY, 2. � T 5 N e -13 v) West- o4 Legal Description: Lot / D Block 2- Tract Subdivision l 4Z En4-"ance Gs-fafes Owner's Name: S-f'c,-n M are- k Telephone #: 1-PD0 93 4 -27a6 Number Street Owner's Address•♦ 3539 OO,e ore5�- 1-1-0-us-tan Te < A s `l 7 01 S Number Street Box # City State Zip Petitioner's Name: 5 a. n1 e Telephone #: 5 a-M Petitioner's Address: S oi `e Number Street Box # City State Zip Petitioner is: (check one) Owner Lessee Agent SPECIFIC VARIANCE DESIRED - SECTION #: SET 6 gCe5 l7, 26, 040 - C. b) (/ Cb 51DEyA-o_b 5e-n3AGK 1t-% E - E.STA-TT Z-o1JE Feom 25 TO 10' STATE WHY IT IS NOT PRACTICABLE TO COMPLY WITH THE ORDINANCE: ` -1 E L0`r I S 1 Hi N 1 1 u r1 Lo r S i Z, E 4-)J D i s Al A-2/2 0 tN W 1TN -r7-:---P SLOP&- £ECRU/2ED SE7-6ACC5 use UP MoeE THA,J " T -= LCY NAMES AND MAILING ADDRESSES OF ALL ADJACENT PROPERTY OWNERS (within 100', excluding R-O-W): (Use separate sheet if necessary) ITT Cc-t-a-I t-PKJ PETITIONER: DATE: /04919 2 Date and Time of Board of Adjustment Meeting: De-CCr'� 1e f- 1) / cH& e `C)O J. . Board of Adjustment\boa.app (Office Use Only) BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment December 1, 1998 Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: Chair Baudek, Members Barker, Newsom and Sager Also Attending: Senior Planner Joseph, Building Official Birchfield and Deputy Clerk van Deutekom Absent: Member Jeffrey Chair Baudek called the meeting to order at 8:00 a.m. CONSENT AGENDA MINUTES The minutes of the November 3, 1998 meeting were accepted as presented. WEST OF LOT 10, BLOCK 2, PARK ENTRANCE ESTATES, STAN MAREK/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) (b) OF THE MUNICIPAL CODE. This request (reduction of 25' setback to 10' on the west side) was originally approved by the Board of Adjustment on May 5, 1998. That variance has expired and Applicant is requesting an extension of the variance as originally granted. Senior Planner Joseph stated that residents were notified of the request and no objections to the variance were received. Applicant's representative, Bill Van Horn (Van Horn Engineering and Surveying), stated that the context of the request has not changed, however, the project cannot commence within the time specified in the original variance. Staff recommends approval of this variance extension request. It was moved and seconded (Newsom/Barker) approval be given for the requested variance (reduction of 25' setback to 10' on the west side) for Lot 10, Block 2, Park Entrance Estates, and it was approved unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. Chair Baudek directed staff to review the four (4) months time limit for variances and report back to the Board. LOT 34, GRAND ESTATES SUBDIVISION, 1560 BIG THOMPSON AVENUE - GRUMPY GRINGOS, CASA CASA LLC/MONTE HOUSE, APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) (a) and (b) OF THE MUNICIPAL CODE. The Applicant is requesting a variance from the 25' street setback and the 15' sideline setback requirements (request to reduce both setbacks down to 10'). Senior Planner Joseph reviewed the Staff Report noting other workable alternatives for locating the proposed storage building on Lot 34 which will not require a variance. Mr. Joseph pointed out the Applicant's options include adjustment of the south property line since he also owns the vacant lot to the south. This would have the advantage of moving the property closer to conformance with current zoning standards relating to Building Bulk (18.20.060) and Impervious Coverage (17.20.070) and would provide additional space for detention of storm runoff. Staff stated the Applicant has not established the exceptional circumstances and associated exceptional and undue hardship that the Municipal Code requires as a basis for granting a variance (Section 17.36.010 d.1 .b); and recommended the request be denied. ORADrORD PUOLISMINO CO, RECORD OF PROCEEDINGS Board of Adjustment May 5, 1998 Board: Chairman John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: All Also Attending: Director Stamey, Senior Planner Joseph and Secretary Botic Absent: None Vice Chair Sager called the meeting to order at 8:00 a.m. and welcomed new Member Jeffrey. ELECTION OF CHAIR John Baudek was nominated Chair and it passed unanimously. Al Sager will continue as Vice -Chair. MINUTES The minutes of the Apri17, 1998 meeting were accepted as presented. LOT 12, BLOCK 1, FALL RIVER ESTATES, OWNER - D.A. LIENEMANN, RANDY COLLINS/PETITIONER - VARIANCE REQUEST FROM SECTION 17.20.040 B.1.b OF THE MUNICIPAL CODE. Applicant is requesting approval for a reduction of the required 25'setback. Senior Planner Joseph reviewed the request referring to illustrations to assist in clarification. Mr. Joseph noted the variance granted on Lot 13 in 1994 has expired. (Variances expire after four months of approval if a Building Permit has not been requested/issued). Staff concerns include: close proximity of the expected excavation on Lot 13 to the foundation expected on Lot 12, vehicle loading on a fill embankment situated directly above the cut bank and west wall of the home on Lot 13, lack of soils investigation or analysis of the stability of this building and grading configuration and if setback reduction will impact this site. Mr. Joseph reviewed the staff recommendations, Correspondence was received from Dale Jobe (owner of Lot 13), who is objecting to the variance due to concerns of slope stability, closeness/privacy and view. Also Mr. Joseph has spoken with Mr. Jobe by telephone; Mr. Jobe does intend to renew his setback variance request with an additional request the variance be for a longer period of time than four months. Applicant's representative, Paul Kochevar (Estes Park Surveyors and Engineers, Inc.), stated in 1972 this was subdivided as Fall River Estates in the County. Some driveways were cut to satisfy County concerns. The easement for Lot 13 which extends into Lot 12 requires Mr. Jobe to prevent erosion which may require a retaining wall. The Applicant recognizes the staff comments and will comply. Discussion continued. Member Sager expressed his regret resulting from the lack of field staking and regarding the lack of detail on the plot plan. It was moved and seconded (Sager/Newsom) the request for Lot 12, Block 1, Fall River Estates, be continued until Applicant comply with Staff Recommendations listed in the Staff Report dated May 5, 1998 and provide for Board of Adjustment review, and it passed with the following votes. Those voting "Yes": Jeffrey, Newsom and Sager, those voting "No": Barker and Baudek. WEST OF LOT 10, BLOCK 2, PARK ENTRANCE ESTATES, STAN MAREK/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 B.1.b OF THE MUNICIPAL CODE. Applicant is requesting a sideline setback reduction from 25'TO 10' in a portion of the SW'/a of Section 26, T5N, R73W of the 6th P.M. Senior Planner Joseph reviewed the staff report noting some relief is warranted and granting a variance will not impact BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment May 5,1998 Page 2. neighboring property. Correspondence was received from: Thurmond A. Williamson, property owner to the west, requesting denial of the variance. Also correspondence was received from Mr. and Mrs. Ledward, 480 Upper Larkspur Road, who requested additional detail and clarity and denial at this time. Applicant's representative, Bill Van Horn (Van Horn Engineering and Surveying), tried unsuccessfully to contact The Ledwards prior to the meeting to discuss their concerns. Mr. Van Horn stated the Applicant is trying to place the house on the lot as unobtrusively as possible. To further explain and clarify the area, Mr. Van Horn submitted several photographs. Discussion continued. Chair Baudek stating Mrs. Chittwood (neighbor to the east) has no objection to the variance. Recognizing the Applicant has submitted a plan without adverse effect to neighbors and due to the uniqueness of this lot (narrowness, steepness), a hardship exists, it was moved and seconded (Newsom/Barker) approval be given for the requested variance (reduction of 25' setback to 10' on the west side) for Lot 10, Block 2, Park Entrance Estates, and it was approved unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. Member Sager stated the application was lacking required information which is noted on the variance application. Mr. Van Horn apologized and stated future applications would be complete. LOT 11, BLOCK 3, COUNTRY CLUB MANOR, 411 COLUMBINE AVENUE, GEORGE MCCLEARY/APPLICANT - VARIANCE REQUEST FROM SECTION 17.08.030 (32) OF THE MUNICIPAL CODE. Applicant is appealing Staff determination that the proposed dwelling unit does not meet the definition of Accessory Dwelling. Senior Planner explained the background of the request. Applicant would like the option of renting in the future. Mr. Joseph read correspondence received from Town Attorney White and also noted he received a telephone call from neighbor, Robin Randall, who agrees with Staff's interpretation of the Code and requests denial of the request. Applicant does intend to renovate regardless of the decision given today. Applicant, George McCleary, stated the garage has not been used as a garage and has a separate entrance (Lot 5 is also owned by Applicant). Today a stone road is being constructed and he has further plans to improve the home which will enhance the neighborhood. He is looking to the future when the house may be sold and would like to have the rental option available. Mr. McCleary would rather not complete the `porch' area as he would prefer to utilize it as an enclosed porch and does not believe the renovation costs would be worth the improvement. Recognizing Staff and Town Attorney White's interpretation of the Code is correct (i.e., allowing porches, breezeways, and other partially enclosed spaces to be counted as part of the main structure would compromise the intention of the Code to limit accessory dwelling units as defined in the Code.), and that a variance may not be granted to allow an Applicant to make more money or make a property more valuable, is not sufficient in and of itself to sustain a variance, it was moved and seconded (Sager/Barker) to deny the variance request for Lot 11, Block 3, Country Club Manor, 411 Columbine Avenue, and it was approved unanimously. REPORTS - None There being no further business, Chair Baudek adjourned the meeting at 9:18 a.m. A!kir_CUL Q9 �• B t Roxanne S. Botic, Recording Secretary W 1/4 CORNER SECTION 26 B.LM. BRASS CAP FOUND #4 REBAR WITH PLASTIC CAP #532 7960-. 7950 7940 — 7930 FOUND #4 REBAR 7920 0 1/16 CORNER FOUND 2' PIPE OF A SITEPORTIONOF THE SW 1/4 OF SECTION 28, T5N, R73W OF THE 6th LARDER COUNTY, COLORADO 7970.... EAST SQO.00' S 09'38'2. E 99. ------- PROPOSETT -------- --------- 0' SETBACK N 89'54149 W 100,69'— .('WEST) (J,OOA') 25' SETBACK Heinz Parkway TRAVELED WAY FOUND #3 REBAR - 7960 7970 SCALE 1' - 2CF RIM') 0 FOUND MDNUMENTA110N (0.00) PLATTED DIMENSION 0.00 MEASURED DIMENSION — - 7950 - 7940 ---------------- - - 7930 7920 FOUND #4 REBAR PLASTIC CAP.#9485 ____. ---if 7910 J6GA DESCRIPTION. BEGINNING AT THE W 1/4 CORNER OF SECTION 26, T5N, R73W OF THE 601 P.M.; THENCE EASTERLY .LONG THE EAST -WEST CE1TERINE OF SNO SECTION 26, A DISTANCE OF 100': THENCE SOUTH ALONG A UNE PARALLEL TO THE SECTION UNE COMMON TO SECTIONS 26 MD 27, A INSTANCE OF 962.8'; THENCE WEST 100' ALONG A UNE PARALLEL TO THE EAST - WEST CEN1ERUNE OF SECTION 26 TO A POINT ON THE SECTION UNE COMMON TO SECTIONS 26 AND 27: THENCE NORM ALONG THE SECTION LINE COMMON TO SECTIONS 26 AND 27 TO THE POINT OF BEGINNING. EXCEPT THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED FROM 9. WARD WHITE AND LOUISE A WHITE TO HOWARD R. HOLMQUIST AND SHARI i_ HOUR:MST, RECORDED OCTOBER 6, 1966 IN BOOK 1344 AT PAGE 167, DESCRIBED AS FOLLOWS: CONSIDERING THE EAST UNE OF THE NE 1/4 OF THE SE 1/4 OF SECTION 27, T5N, R73W OF 1HE 6th P.M. AS NORTH watt ALL BEARINGS HEREIN RUATIVE THERETO. BEGINNING AT A POINT ON THE EAST LINE OF SECTION 27 T5N, R73W OF THE 6th P.M., FROM WHICH THE 5E CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 27 (THIS POINT ALSO BEING THE NW CORNER OF HIGH DRIVE SUBDMSION, AA MAT OF RECORD AS MARKED BY THE ORIGINAL 2' STEEL PIPE) BEARS SOUTH 540.2'; THENCE FAST 100.0'; THENCE NORM 125.0; THENCE WEST 100.0'; THENCE SOUTH 125.0' TO THE PONT OF BEGINNING. AND EXCEPTING ALL THAT PORTION LYNG NORTH OF THAT TRACT OF 1AND DESCRIBED IN DEED RECORDED IN BOOK 1344 AT PAGE 167. COUNTY OF IARINER. STATE OF COLORADO. PREPARED BY' VAN HORN ENGINEERING PO BOX 456 ESTES PARK, CO 80517 (970)586-9388 98-4-2 MAREK. DWG