HomeMy WebLinkAboutVARIANCE River Setback 660 MacGregor Ave 2012-10-02..
Rock Acres River Setback Variance Request
Estes Park Community Development Department,Planning Division
Room 230,Town HaIl,170 MacGregor Avenue
PC Box 1200,Estes Park,CO 80517
Phone:970-577-3721 Fax:970-586-0249 www.estes.org
ESTES VALLEY BOARD OF ADJUSTMENT
MEETING DATE:October 2,2012
REQUEST:Variance from the
Estes Valley Development Code
Section 7.6.E.1.a(1)Stream Corridor
Setback to allow a 9-foot setback in
lieu of the 30-feet typically required.
LOCATION:
Avenue,Unit 19
660 MacGregor
APPLICANT:Steve Lindberg,
builder
PROPERTY OWNER:Cecilia Martin
PROJECT DESCRIPTION AND BACKGROUND:Section 7.6.E.1.a(1)Stream CorridorSetbacktoallowa9-foot setback in lieu of the 30-feet typically required.
The purpose of the variance request is to allow a deck.Part of the deck would be built
over an existing patio,and extend further toward the river.This is the only unit that does
not have a deck.
Surveyor:Van Horn Engineering (Survey work)
Parcel Number:3524321019 Development Area:200 square feet (÷1-)
Existing Land Use:Multi-family residential Proposed Land Use:Same
Zoning Designation:RM Multi-Family
Adjacent Zoning:
East:RM Multi-Family North:A Accommodations
West:E-1 Estate South:CO Commercial
Adjacent Land Uses:
East:Multi-family residential North:Accommodations
West:Single-family residential South:Undeveloped
Services:
Water:Town Sewer:EPSD
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 contained therein.These standards are included in the Boardnotebooks.
REFFERAL COMMENTS AND OTHER ISSUES:This request has been submitted toreviewingagencystaffforconsiderationandcomment.At the time of this report,nosignificantissuesorconcernswereexpressedbyreviewingstaffrelativetocodecomplianceortheprovisionofpublicservices.
Neighborhood Comments.As of September 21,staff received comments from twomembersofthecondominiumassociation,both of which were informational in nature,and one of which included opposition to the variance,though a smaller variance couldbesupported(see attached emails).
Condominium Association.Prior to issuance of a building permit,formal writtenapprovalfromthecondominiumassociationisrequired.The applicant has been notified
of the required letter.
FINDINGS:
1.This request complies with review criteria set forth in Section 3.6.0 of the EstesValleyDevelopmentCode.
2.Special circumstances exist and practical difficulty may result from strictcompliancewithCodestandards.
3.The variance is not substantial.
4.The essential character of the neighborhood would not be substantially altered,norwouldadjoiningpropertiessufferasubstantialdetriment.
5.The variance would not adversely affect the delivery of public services.
6.The variance represents the least deviation from the regulations that will affordrelief.
7.This request has been submitted to all applicable reviewing agency staff forconsiderationandcomment.No significant issues or concerns were expressed byreviewingstaffrelativetocodecomplianceortheprovisionofpublicservices.
8.The submitted conditions or circumstances affecting the property are not of sogeneralorrecurrentanatureastomakereasonablypracticabletheformulationofageneralregulationforsuchconditionsorsituations.
9.Failure to apply for a building permit and commence construction or action withregardtothevarianceapprovalwithinone(1)year of receiving approval of thevarianceshallautomaticallyrenderthedecisionoftheBOAnullandvoid.
STAFF RECOMMENDATION:Approval conditional to:
1.Compliance with the site plan and building design,as approved by the Board ofAdjustment.
2.Written approval from the condominium association shall be provided prior to work.
SUGGESTED MOTION:I move APPROVAL (or disapproval)of the requested variance
with the findings and conditions recommended by staff.
H Estes Valley Board of Adjustment,October 2,2012 Page2of2660MacGregorVarianceRequest
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‘12/12 Town of Estes Park Mail -Re:Comments on 377-3729:Reply thank you Dave..keep me informed.
S T ES ...P A K
Re:Comments on 970-577-3729:Reply thank you Dave..keep me informed.
JoyceSerhan@aol.com <JoyceSerhan@aol.com>Wed,Sep 12,2012 at 11:01 AM
To:dshirk@estes.org
In a message dated 9/12/2012 9:30:24 AM.Mountain Daylight Time,dshirk@estes.org writes:
Hello Ms.Sherhan
The application being processed through our office is a request to vary from the stream setback
requirement of 30-feet.This requires re4ew and approl from the Estes Valley Board of Adjustment,
and the meeting is scheduled for October 2;we will forward your comments to the Board for their
consideration.You are also welcome to attend the meeting to speak in person
In addition to approel from the BOA,the property owner will need to obtain approel from the
condominium association.The property owner,builder,and association president have all been notified
of this requirement.
If you have any other questions or comments,please feel free to contact me.Thank you for your time
and consideration.
-dave
David W.Shirk,AICP
Planner,Estes Park Community Development Department
P0 Box 1200
Estes Park,CO 80517
www.estes.org
dshirkestes.org
ph:970-577-3729
fx:970-586-0249
On Tue,Sep 11,2012 at 8:14 PM,<JoyceSerhan@aol.com>wrote:
September11,2012
Dear Mr.Shirk:
As owners,@Rock Acres,we feel that a 20 feet patio into the stream path setback is a bit extreme.
If we allow one owner 20 feet over the stream others will follow suit.If unit 19 owner,begins the new
planned patio from his concrete slab,from the back of his townhouse,and extends it out 10 feet he
will be in line with other existing patios.Consistency is the key!
We don’t understand why this is being handled by your office,rather than by homeowners vote.Why
did your office process and solicit the request,before it goes out to the homeowners for approval?
Did unit 19 owner circumvented our Rock Acres HOA Board of Directors?Just asking!Unable to
attend last meeting,therefore not informed of any approvals or disapprovals on this issue.
:tps://mailgOogIe.com/mail/?u12&ik6ed2499adC&view =pt&search=inbox&th=139bb6d6e8ee54d8
‘12/12 Town of Estes Park Mail -Re:Comments on 77-3729:Reply thank you Dave..keep me informed.
If you are looking for a ‘vote of yes or no,our answer is no on 20 feet,but a yes for 10 feet.
Thanking you in adnce for contacting us on this matter.
Respectfully,
Unit 14 Owner -Rock Acres
DaAd W.Shirk,AICP
Planner,Estes Park Community Development Department
PD Box 1200
Estes Park,CO 80517
www.estes.org
dshirk@estes.org
ph:970-577-3729
fx:970-586-0249
tps://mail.google.com/mail/?ui=2&ik=6ed2499adc&v jew =pt&seerch=inbox&th=139bb6d6e8ee54d8
;
8/21/12 Town of Estes Park Mall -Approvck Addition to Unit 19 Rock Acres -Cecilia Martin
Alison Chilcott <achiIcott(estos.org>
T
l
Approval of Deck Addition to Unit 19 Rock Acres -Cecilia Martin
2 messages
gayIeconsuItingaol.com <gayleconsulting@aol.com>Tue,Aug 21,2012 at 10:31 AM
To:achilcottcestes.org
Cc:dramtngalmsn.com,IindbergepaoI.com
Alison,
I am the President of the Rock Acres I Homeowners Association and will be working on getting the Association
approI for the deck addition to Unit 19.Dallas Armstrong is the complex manager and she is authorized to
represent the association as well.
At this point,the Board has gien informal approval and we will be completing our process quickly so you hae all
the information needed to go forward.
If you ha any questions,please do not hesitate to call me at 719-244-6900.
Gayle White
President
Rock Acres Homeowners Association
Alison Chilcott <achilcott@estes.org>Tue Aug 21,2012 at 3:40 PM
To:gayleconsultingaol.com
Cc:Dae Shirk <dshirkestes.org>
Thank you.I ha copied Da Shirk so he is aware too and will print a copy of this email for our files.We also
receid a site plan for the proposed deck from Van Horn Engineering..
[Quoted text hidden]
https://maU.google.com/maII/u!O/?ui=28dk=5bb48ca637&vlew =pt&search=Inboth=1394a0628523a7d7
‘27/12
Fwd:Unit 19:Reply
Town of (Park Mail -Fwd:Unit 19:Reply
JoyceSe rhan@aol.com <JoyceSerhan@aol.com>
To:dshirk@estes.org
From:JoyceSerhan@aoLcom
Sent:9/25/2012 4:28:04 P.M.Pacific Daylight Time
Subj:Unit 19:Reply
Rock Acres River Setback Variance Request
Estes Park Community Development Department,Planning
Division
Room 230,Town HaIl,170 MacGregorAvenue
PD Box 1200,Estes Park,CD 80517
Phone:970-577-3721 Fax:970-586-0249 www.estes.org
Tue,Sep 25,2012 at 5:30 PM
ESTES VALLEY BOARD OF ADJUSTMENT
MEETING DATE:October 2,2012 -Unable to attend this meeting.My response below.
REQUEST:Variance from the Estes
Valley Development Code Section
7.6.E.1 .a(1)Stream Corridor Setback
to allow a 9-foot setback in lieu of the
30-feet typically required.
LOCATION:660 MacGregor Avenue,
Unit 19
APPLICANT:Steve Lindberg,builder
PROPERTY OWNER:Cecilia Martin
PROJECT DESCRIPTION AND BACKGROUND:Section 7.6.E.1.a(1)Stream Corridor
.tps://mail.google.com/mail/?ui=2&ik=6ed2499adc&v jew =pt&search=inbox&th=139ffc44b140e678
Town oft Park Mail -Fwd:Unit 19:Reply
Set back to allow a 9-foot setback in lieu of the 30-feet typically required.
The purpose of the variance request is to allow a deck.Part of the deck would be built over
an existing patio,and extend further toward the river.This is the only unit that does not have
a deck.
Parcel Number:3524321019 Development Area:200 square feet (+1-)
Existing Land Use:Multi-family residential Proposed Land Use:Same
Zoning Designation:RM Multi-Family
Adjacent Zoning:
North:A Accommodations
East:RM Multi-Family
West:E-1 Estate South:CO Commercial
Adjacent Land Uses:
East:Multi-family residential North:Accommodations
West:Single-familyresidential South:Undeveloped
Services:
Water:Town Sewer:EPSD
REVIEW CRITERIA:ln accordance with Section 3.6 C.“Standards for Review”ofthe EVDC,all applications for
variances shall demonstrate compliance with the applicable
a
September 25,2012
Dear Estes Valley Board of Adjustment:
First,thank you for the update on the deck request fromUnit 19.There are sonic details that Iwould [ike to
review,before I can honestly agree to this request.My concerns are as follows:
1.I would like to see a copy of the site Blueprint design ofthe proposed 200 fl.dcck,What type ofwood,a
natural color,stain or paint?
2.1 would support a variance less than 10 feet fromthe water stream.
3.‘Will other residence be able to gain access,and cross over the deck,from the back of the units,without
causing WWW 3?1amnot in agreement to building a fence behind unit 19,to keep traffic fromcrossing.
Believe me owners guests,and fanilies will be walking behind your unit.
4.Last,but not least an approval letter from all the Condominium owners,agreeing to this proposed deck.
I dont know who stated that all units have patios;I do not have a patio behind my unit.I dont believe its
unfair,not having a deck behind your unit,its a cost choice,
These are my concerns an opinions,if all the owners are in agreement,I have no problem with the proposed (9)
foot variance from the streamto beautify and enhance unit 19.
Respectfully,
‘27/12
Surveyor:Van Horn Engineering (Sury work)
s://maW.gcogle.com/mail/?ui=2&ik=6ed2499adc&v iew =pt&searcli=inbox&th’139f1c44b 140e678
.
TOWN OF ESTES PAIUç
Inter-Office Memorandum
To:Community Development
From:Jeff Boles,Cliff Tedder,Steve Rusch
Date:0911812012
Re:FinallPublic Review:Martin Residence Variance Request,660
MacGregor Avenue
The Water Department has no Final/Public Review comments for the above
application.