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Home My WebLink AboutVARIANCE Setback 765 Ponderosa Dr 1998-10-067ARD 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 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 Tot boundaries, and any other pertinent information. Address of Lot or Tract : Legal Description: Lot Owner's Name: Owner's Address: 7 oSA or, Number Street 1 7 IF Block 76 1)oNiDGC.r-.0 (7, Tract Subdivision 'N51=', CW Telephone #: Number Street fr/(2 Box # Petitioner's Name: '/4/( f " Ai/it Petitioner's Address: 55 (K'Ct' -v Number Street Box # City State Zip Telephone #: co eo.517 City State Petitioner is: (check one) Owner Lessee Agent f 7, 20, ' b� (I� a . Se-t b2cCs SPECIFIC VARIANCE DESIRED - SECTION #: /(9 / K , E.,, 2> — Zip STATE WHY IT IS NOT PRACTICABLE TO COMPLY WITH THE ORDINANCE: NAMES AND MAILING ADDRESSES OF ALL ADJACENT PROPERTY OWNERS (within 100', excluding R-O-W): (Us separate sheet if necessary) kliamec PETITIONER: DATE: pf Box/4/ Date and Time of Boa%c1 of Adjustment eting: Board of Adjustment\boa.app (Office Use Only) TOWN OF ESTES PARK ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION alasummumllo Submittal Date: 00 No: General Information Street Address of Lot: /76 Legal Description: Lots /7*Ici Block 14t P. y• a - Owner's Address: -2(fp5 Owner's Name: Petitioner's Name: Petitioner's Address: -0 IV ,V'IMIYIIMPM' ct Tract Subdivision Phone #: (1) 66._R_o_si4 0( Number Street Box # Number Petitioner is: (check one) ti1-Owner Site Information Existing Use: Py477 0 Street ER Coro (-/°--S-4 City State Zip Phone:5n tic Fax: Box # 0 Lessee El Agent City State Zip Proposed Use: Lot Size: 30 /16-Pal Zoning: R Sanitation District As determined b Staff, field stakin• of variance re•uest I is is not re•uired. Variance Specific Variance Desired - Section #: 4+4 EVb -_-_Aa• A A . 3 , State why it is not racticable to comply with the ordinance: eon- stk, A 2.0 S tth. A A • 11 ILA Names and Mailing Addresses of all adjacent property owners (within 100 ft., excluding ROW): (Use separate sheet if necessary) Signature of Owner(s) of Record Record Owner(-)--- Date: if 5—°° Attachments El Statement of Intent Application Fee: $50* for Town k.iva PcLa- c'c'sIN 4° 0 Application Fee: $420 for unincorporated Estes Valley 0 12 Copies of a Site Plan (drawn at a scale of 1" = 20')** 0 1 Reduced Copy (11X17) *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. **Site Plan to include 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 an other •ertinent information. Office Use Only Date and Time of Board of Adjustment Meeting: /.1"; hic) c:\My Files\ Board of Adjustment\EVBOA Application 7/14/00 STATEMENT OF INTENT 77 SETBACK VARIANCE REQUEST LOT 1 , BLOCK 9, COUNTRY CLUB MANOR ADDITION This property is currently zoned R-M and was originally zoned R-2 when the house was built. Both zones are multi -family zones. The old R-2 zone had a street setback of 10 feet. The R-M zone has a street setback of 25 feet. This property is unique in that it has streets on three sides. Applying a 25 foot setback on three sides unduly restricts the property and was obviously not foreseen at the time of subdivision or construction. The property contemplated the proposed addition at the time of construction as evidenced by the retaining wall and the location of the house on the property. Columbine Avenue, the street from which the variance is requested, is not constructed and can never be constructed because of current town standards. The asked for variance would allow building to what the original zoning allowed and the intent of the current zoning is still being met because of the buffer being provided by the Columbine Right of Way. LEGAL DESCRIPTION; FORM LOCATION LOTS 17 & 18 BLOCK 9, COUNTRY CLUB MANOR FOUND ORIGINAL CONCRETE CYLINDER (WEST 142.5') WEST 142.64' 0 0 to cc 0 z WEST EDGE CONC°.TE WAL . AT STEP IN WALL ±0.6' EAST OF LINE '.(WEST 112.5') LOT 17 BLOCK 9 (WEST 112.5') 1"=20' FOUND ORIGINAL _.7 CONCRETE CYLINDER 0 •o trt 0 z WEST EDGE FOOTER FORMS NORTH END ±10.6' FROM WEST LINE & SOUTH END ± 10.5' FROM SOUTH LINE LOT 18 BLOCK 9 (WEST 112.5') (NORTH 66.8') DRAWN DATE MOH 03/23/01 VAN HORN ENGINEERING 1043 Fish Creek Rood — P.O. Box 456 — Estes Pork, CO 80517 Phone: (970) 586-9388 — Fox: (970) 586-8101 SCALE PROJ. NO. 1 "=20' 01-03-16 c Ltl6/"A."41 may''... n/Di?rH 66.8 eauTH //G,8 OHF V (i1C� -o n l; 2:23) 1► t 0 • g. vJ Regular Meeting of the Estes Valley Board of Adjustment June 5, 2001, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Director Joseph, Planner Shirk and Recording Secretary Wheatley Absent: None Chair Barker called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA The minutes of the May 1, 2001, meeting were accepted as presented. 2. LOT 6, ROCKWOOD ESTATES 2ND FILING, 1027 ROCKWOOD LANE, APPLICANTS: RICHARD & MURIEL PETERSON — SETBACK VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant is requesting a side yard setback variance to allow for the construction of a detached single-family dwelling. It appears special circumstances of steep slope are present on this lot. The applicant could build a house that met the required setbacks; however, this would locate the structure on steeply sloping grades which would require additional rock cut and have a larger impact on the character of the neighborhood. Due to site conditions, Staff does not consider this request substantial. The essential character of the neighborhood would change less with the variance than without. The applicant purchased the property in 1986. The "RE" zone and associated setbacks were implemented in 2000. Prior to that, the property was zoned "E" by the County, which still had a side yard setback of 50 feet. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Planner Shirk read the staff findings into the record. Board member Sager requested that certain information, such as the location of manhole covers and light poles be shown on the site plan. Also a sign on site Estes Valley Board of Adjustment June 5, 2001 Page 2 indicating the address and owner would help the Board in locating the site for inspections. Roger Thorp of Thorp Associates was present on behalf of the applicant to answer questions. Public Comment: None. Based on staff findings, it was moved and seconded (Sager/Newsom) to approve the variance request to allow a 38 foot side yard setback in lieu of 50 feet as required in the "RE" Estate zoning district with the following conditions and it passed 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 the work commenced within twelve (12) months from the date the variance is granted. 1. Prior to pouring foundation, submittal of a setback certificate prepared by a certified surveyor. 2. Compliance with the submitted site plan. 3. LOT 6, BLOCK 7, WINDCLIFF ESTATES 5TH FILING, 3448 EAGLECLIFF DRIVE, APPLICANTS: RAYMOND & LAURA FINK — HEIGHT AND SETBACK VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant wishes to deviate from the mandated 25-foot side yard setback to allow side setbacks of 10 feet and a height of 36 feet in lieu of the 30 foot maximum imposed by the EVDC. The applicant desires to construct a new single-family dwelling unit with attached two - car garage. The Upper Thompson Sanitation District has reservations concerning the requested north side -yard variance request. Specifically, the District has a collection line located within the north 10-foot easement. The easement must be maintained free of obstructions for the District to operate and maintain its collection line. The lot is characterized by 25-30% slopes, is undersized for the E-1 Estate one -acre district being only .43 acre. Staff agrees with the applicant that special circumstances apply to this lot. There is permanent open space below this site. The proposal is in keeping with the character of the neighborhood. The owner purchased the lot in November 1999