HomeMy WebLinkAboutVARIANCE Setbacks 221 Virginia 1973-03-01In re the Appeal of
Geraldine Kirkland
Appellant.
ZONING BOARD OF ADJUSTMENT
IN AND FOR THE TOWN OF
ESTES PARK, COLORADO
Appeal No. 103
FINDINGS AND DETERMINATION
The above matter coming on to be heard on the 1st day of March,
1973, the Appellant by her representative, Wilbur Spradling; the
Building Official, William Van Horn, appearing in person; Colton W.
Babcock, Jr., Assistant Town Attorney, amicus curiae; Board Members
present, Rollen Sutter, Robert E. Wagner, Glenn Prosser, Charles L.
Herzog and Edward L. Palmer
The Board considers and finds that due notice of this hearing was
given, and that the Appellant waived notice hereof.
Thereupon the hearing was held and the Board having heard the
evidence and the argument of all persons in interest, does FIND:
1. That the property described as follows:
Part of Lot 15, Block 10, Town of Estes Park, Colorado;
is required by the provision 17.24.030 of the Municipal Code of the
Town of Estes Park, Colorado, to have front, rear and side yards of
not less than 10 feet provided in connection with the construction of
certain buildings and uses.
2. That the plans for the building to be located on the above
described property show that a side yard setback of 6.6 feet will be
provided.
3. That the above described property is not economically suitable
for any use other than that proposed by the Appellant, and that to
require compliance with said Section of the Municipal Code work an
unnecessary hardship upon the Appellant.
4. That a variance can be granted to the Appellant, by reason of
such practical difficulties and unnecessary hardships, and that the
variance can be granted without substantial detriment to the public
good, and without substantially impairing the intent and purpose of
said Section 17.24.030.
NOW THEREFORE IT IS ORDER BY THE BOARD that the appeal and applica-
tion for a variance be granted.
Chairman
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RECORD OF PROCEEDINGS
Board of Adjustment
March 1, 1973
Committee: Chairman Sutter; Members Herzog, Palmer, Prosser and
Wagner
Attending: Chairman Sutter; Members Herzog, Palmer, Prosser and
Wagner
Also Attending: Town Administrator Hill and Zoning Administrator Van Horn
TALEX COLORADO, INC. - APPEAL NO. 101:
Mr. Levin, attorney at law, appeared before the Board of Adjustment
representing Talex Colorado, Inc. dba Ripley Museum and requested a
variance from Section 13.32.030 of the Municipal Code, to have any
building setback eight feet from property lines common with the street
line.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held. Exhibits A, B, C and D were admitted.
Member Prosser moved the variance be denied because of the findings in
the attacheddocument. Member Palmer seconded the motion. Upon roll
call the motion unanimously carried.
GREIG STEINER - APPEAL NO. 102:
Mr. Greig Steiner appeared before the Board of Adjustment to ask a variance
from Section 17.64.010 of the Municipal Code requiring off-street parking.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held by the Board.
Member Palmer moved the variance be granted because of the findings in
the attached document. Member Herzog seconded the motion. Upon roll
call the motion unanimously carried.
GERALDINE KIRKLAND - APPEAL NO. 103:
Mr. Wilbur Spradling appeared before the Board of Adjustment representing
Mrs. Geraldine Kirkland and requested a variance from Section 17.24.030
of the Municipal Code, to provide rear, side and front yards of ten feet
from the property line.
The attached document is made a part of these proceedings by reference
thereto.
The hearing was held by the Board.
Member Wagner moved the request to allow a 6.6 foot side yard setback
be allowed, provided that the 4'3" x 14' addition be removed. Member
Prosser seconded the motion. Upon roll call the motion unanimously
carried.