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VARIANCE Setback Denied TBD Crestview Ct 2017-09-12
TBOCrestviewCourt—Bui|dUnQSetback Variance Estes Park Community Development Department, Planning Division Room zm.Town Hall, rmMacGregor »mvvv poBox 1uao.Estes Park, oo 80517 pxn^n: 970-5/7-3/21 Fax: 970-586*249 www*otesum ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE& LOCATION: September 12w2O17;Board Room, Town Hall, 1rO MacGregor Avenue APPLICANT REQUEST: This ivarequest for avariance to Estes Valley Development Code (EVDC) Section 4.3.C.4TabIe 4-2 8eoe Density and Dimensional Standards Residential Zoning Districts. The Variance would allow a 12-foot setback in lieu of the %s-foot required setbacks inthe E'1 (Estate 1)zone district. The purpose of the Variance is k,allow construction of building within an existing xmbmok due totopography ofthe site. Staff recommends approval, LOCATION: Crestview Court, within the unincorporated Estes Valley, VICINITY MAP: See attachment APPLKCANT}OVVNER:Delmar Lienomenn/Same as Applicant STAFF CONTACT: Robin Becker, Planner | PROJECT DESCRIPTION: The Variance would allow 12 foot setback in lieu of the 25-fpot required setbacks inthe E-1(Estate 1)zone dlistract.The E-11Estate'1zone district requires a25-fnotsetback onall sides. The currently vacant lot has topography that restricts the placement of driveway. Two options are presented for driveway access; (one) from Crestview Court (Char -del Lane) and (two) from Fo|| River Court. Historical access uo Crestview Court has been provided inthe form c�an4O' access easement. In order to use this mooeoo a 12' in lieu uf25' setback variance would need to be granted to allow for building of the home and the driveway to be at 8.4' of dirop in 74' of length. REVIEW CRITERIA: |naccordance with Section 3,6C. "Standards for Review" ofthe EVUC.all awo/patmnn for variances shall demonstrate oonmp|ance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision -making body for this REFERRAL AND PUBLIC COMMENTS: Public Notice. VVhttom notice has been mailed to 8ourroumding property owners, Alega| notice was published in the Trail Gazette. The application isposted onthe department "Current App|ioatinno^webpage. The site has been posted with a"variance pending" sign (Attavhed). Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No significant comments/concerns were received by reviewing agency staff. Public Comments. Staff has received one public comment &odate. It is provided below. Any written comments received after this date will he posted to the "Current App|icebons^webpage under public comment, 1. Charles Allison 10DCrestview [t-026/17-Email (Auohnd). STAFF FINDINGS: r) Gpocia�| circumstances or conditions exist (e.g, exceptional topographic condNiooa, nannwneno, shallowness or the shape of the property) that are no, common to other omao or buildings similarly situated and pnaohoa| difficulty may result from nthm oom»|iunon with this Code's otmndordn, provided that the requested! variance will not have the effect of nullifying or impairing the intent and purposes ofeither the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property ioapproximately 1.074-aomsinsize and iszoned E'1 (En��-1)�.There are two potential points of access for the site to the buildable location of the lot. The first from Fall River Court would result inagrade nfl4�2%.The second from Crestview Court would bean 113%grada. The topography ofthe site inhibits where the driveway can be placed and remain within the code. The topography ofthe site also limits where a home could be built with an appropriately graded driveway. 2) In determining "practical difficulty," the BOA shall consider the following factors: o) Whether there can beany beneficial use ofthe property without the variance; Staff Finding: Without the Variance, there can, be beneficial use of the property. This non -variance use would result in more environmental impacts to the lot which is detrimental as it borders Government land (Rocky Mountain National Park) oothe west. Also without the variance development for future use iagreatly limited due tothe driveway access. b) Whether the variance iosubstantial; Staff Finding: The requested variance would establish a setback at 12' out of 25'_ This is a 52% variation from the code. The overall proposed setback structure is substantial but the 12'requested where the house will boplaced will bobuffered' bythe bond-�bordering GnvemmwntLand, This land has noroads ortmiyoa�mcenttnthe pmpe�y.Staff does not find that granting this variance would be substantial request. Crestview ovmrl,-Building setback va*owm Pagexm* 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 Staff Finding: The character of the area would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to dnsinage, migration corridors, etc). Staff believes the proposed variance would not cause any detriment on nearby properties. d) Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance would not adversely affect the delivery of public services such as water and sewer. Upper Thompson Sanitation has provided a comment that states, they"have no objection to the proposed variance naqueuL^ Town Utilities did make a comment about the proximity to the VVovnr Service Linn and associated water pressures. The owner ioaware and prepared ofneeding k/boost water pressure ifrequired. e) Whether the Applicant purchased the property with knowledge ofthe requirement; Staff Finding: The applicant has owned the property since 1088 and been aware of the »o/hockn since the purchase. Staff finds that granting the variance would help the applicant overcome the access hardship that the topography ofthe lot causes. f) Whether the Applicant's predicament can be mitigated though some method other than ovahonce. Staff Any building on other location on the site would be limited on where a code compliant access could be provided due, to topography. Other options could be building lower on the lot or farther from, the access point, These options would result in access being at a grade steeper than allowed inthe Development Coda. 3) No variance shall be granted if the submitted onmdaiomu or oipoumoianpco affecting the Applicant's property are of no general or recurrent p nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions ofthis eppUioation are not general 1n the Estes Valley. It is not common to have structures located partially within a required setback. Although it can be argued that the zoning ofthis, (and other) properties iowrong 0abegin with, any significant change inzoning innot likely tobeaccomplished quickly oroenNy.4variance inthe only feasible alternative in the short term, 4) No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision ifitwill result in an increase in the number oflots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations, Crestview Court. — Building setback variance Page 3uv4 Staff Finding: No reduction in lot size or increase in number of |mo is proposed by this variance request. s) If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A setback Variance as requested would be the least deviation from Code that would allow the proposed building /obe located atthis site. e) Under no circumstances shall the BOA grant a variance to allow use not permitted, or use expressly or by impUnaUnn prohibited under the terms ofthis Code for the zone district containing the property for which the variance ixxomgh\, Staff Finding: The variance does not propose anon-permitted orprohibited use. 7) |ngranting such variencon, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff in not recommending any conditions be placed onthis approval that a building permit/as built permit hmapplied for with the Town. This will ensure that the a/mctv,e isbuilt woCode, STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by | move VoDENY the requested variance with the following findings �tate, ATTACHMENTS: 1� Vicinity map z. Agency Comments J� Public Comment 4. Statement of Intent 5. Application n. Variance sign photos 7. Site plan omomiewoolurL-nvildmuovtb"ckvari"nco Page4m4 010, ESTES Li„.SY p‘ • PR TECTiO " UTRIcT PREVENT PREPARE PERFORM PLAN REVIEW COMMENTS Date: August 7, 2017 Project Identification: Crestview Court Location: TBD Crestview Ct. Referral: Lot 31 Blk 1, Fall River Estates Amended Plant Variance Request-PID 35222 13 031 The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2015 Edition), the international Building Code (2015 Edition) and the Town of Estes Park Codes and Standards, Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal / Division Chief Estes Valley Fire Protection District Phone: 970.577.0900 Fax: 970.577.0923 mrobinson@estesvalleyfire.oRi Serving the Residents and Visitors of the Estes Valley with Superior Fire and Safety Services '901N„ S INT VRAPN AVE„ ESTES PARK CO 80517 970-577-0900 FA X 9'70-577-0923 'OMM 1 IN! I I li III 1<d c August 1, 2017 Town of Estes Park 170 MacGregor Ave. Estes Park, CO 80517 Ph: 970-586-5331 RE: Crestview Court Lot 31 Variance Request, Estes Park, CO Comment Letter Van Horn Engineering and Surveying Inc.. Dated July 2017 Dear Karen, We have the following comments regarding the Crestview Court Lot 31 Variance Request, Estes Park, CO. dated July 2017 Wo itobare reviewed the variiiiic„c roqiiest and his e the folk) \ving coral -tents and oh.ser‘atioils. -Ile /oning ui he site, h „ requires a 25-foot sothitek. bIll(tUaVliCr isitild like that setback to be reduced to 12- feet Sir,ction .2.c of the application mates that the honico \viler lie, been to: of this 25 hut sethaek since I To niore rulLy (inch:island the site parameters that arc varkmee reunest, the hit!isi it' inftvination a,(iirld he helpful in (leternvining the need for this nninnee s I. 4 Ire iipplicant states that the IiindiAvner hits a hardi(hip due RY iic:ccs., Can 111( explain noire Cully what the hardship will he? A graphic, cost estimate or other means (il explanation would be hulprul for the city to tissess the hardship, 2, To tmderstanr1 the g,11(.! Ilg issues impacting this site, irdditional e-xistinp ptudinr, an(' proposed iding would Ire helpful, 3. A copy:it-ism) oxililait slim\ ing the drivc\\ ()inside or the 25' o.alt prorioed gradinirid ‘vill be helpful to umlersutud the need for a sin nice 4. The iipplicant states that in both cases ( IlSide the si tbinI Hid outside the setback) that there is nit 8.41 difference M ele ation. Shooo rlunidiiiotll help clariry this striteinern, '3. In item IR, the applicant suites that due tid this varnmoe there is ill h1 iii itrihits 1/, tower the finish floor. By pros iding, those finished floor cies nions Cor both scenarios., this suitenterit can ii ii(sessed. Cu. rho applicant states that the utilities will not he advorsely d lib'laCal by the grading. loweverilic ',triplicant does not state the depth of toil either ,sethack erindutiur Sho\‘ing the drivevay pinnl coitltimtiliticsssill giseur imr&licitmnruiinttitiltii depths, 7. Tile iipplicant discusses drive\vay 'lengths, Adilitiorial dimensions, to the plan or the house & drive\vity ii (Add', hr berielicial. R()S( OL NI sIt RINCi. 720 Ot,I '7735 1)o Lico(r,coorr INcocenginocrinp.,o,m H MMLN h I1ue. ��t t�aes <uount:G he ) 1 he eppli ktro"ioldiE:;tnINW hi siloric a�.��.�,s, Sit the stpad�l'ocstrM i5s re,racilking this, I put(ittg the dri%evv,ity its this histoo is it it yvoi.tld he hetlpir I [a sec° tBie g tasniii locatinii ok'thail On the li,inpltic. 11). (on tours ,ore nusinheled (2fttacr is a l di)lerertcc bet ticon k(0S0 , : tit).-l(Y). la a Thank yo Sincerely, is. buikIn is "tht Yfau� st N;�uiild�nt site, SI einamtt,ite flint this is tine ei-tH.,. or your tithe on these matters Bruce Roscoe RI lY'Cat I:NI ;q0-9 ucepw-,cua^4+ reps' Id 1 IstNG. d.I.l 7735 PI 11r 1. t7 C'c 1'I IIS .4�06' OWN )iE1STES Inter -Office Memorandum To: Community Development From: Steve Rusch Date: 7/28/2017 Re: REFERRAL FOR COMMENT: Crestview Court, TBD - Variance request - PID 35222 13 031 The Utilities Department has the following review comments for the above application: The Utilities Department has no objections to this variance request, The Water Division would like to point out that there may be a requirement to install a pumping station due to proposed location of the new home and its proximity to the blue line elevation. Low water pressure may be a concern. P.O. Box 568• Estes Perk, CO 80517 Ph: 970-586-4544 . Fax 970-586-1049 wvvw.tutsd.org July 25, 2017 Audem Gonzales, Planner Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Lot 31, Elk 1, Fall River Estates Amended Plat, Crestview Ct. Variance Request Dear Audem: The tipper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to contact me. Respectfully, Todd Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment (CpPPER P.O. Box 588 • Estes Park, CO 80517 Ph: 970-588-4544 • Fax 970-586-1049 www.utsd.org July 25, 2017 Audcm Gonzales, Planner Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Lot 31, BIk I, Fall River Estates Amended Plat, Crestview Ct. Variance Request Dear Audem: The Upper Thompson Sanitation District submits the following comments for the above referenced property: I. The District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to contact me. Respectfully,. C.) Todd Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment 8t28/2017 Town of Estes Pork Mod - oblecson to variance req., ,t [ i4 4"ft 1 objection to variance request Jerry Allison (coyotecilown5frontier.com> Reply -To: Jerry Allison <coyoteclown@frontier.cornr, To: "planningftestes.org“ <planning@e.stes,org> To: Board of Adjustment, Wayne Newsom. Chair Karen Thompson <kthompson@estes,orge Sat, Aug 26, 2017 at 304 PM We, residents of Fall River Estates Condominium, 1070 Crestview Court, building 1, unit 2 wish to go on record as objecting to any variance in setback from the National Park boundary for a planned single family house adjacent the North end of Building One of our develop,ment. We will be attending the Board of Adjustment meeting on September '12, 201'7 to formally register this objection. We intend to seek a letter of proxy from our entire HOA at our annual meeting on September 9, 2017, objecting to this variance request. We learned of this impending appeal for variance from a chance meeting with the civil engineer, Lonnie Sheldon of Van Horn Engineering, who was verifying the property tines with the. intent of re -slaking out the location of the proposed house. He informed us that the owner planned to ask for a halving of the required setback from the National Park boundary, Porn 25' to 12.5', And that he also planned to move the currently staked out location (to which we have no objection) to a 25" setback from our side properly line. He has posted the intent to ask for a variance on the property border. Certainly this individual has every right to build whatever he wishes on his own property, so long as he abides by code. No one disputes this. We feel that the location of this house, if the variance were granted, would greatly infringe on the views from Building One, and to a lesser extent, from Building Two. And we feel this would have a negative affect on the property values of all our twelve units in three buildings, In addition we feel this would set a very had precedent for all of Estes Park, as others who might wish to encroach on National Park boundaries would be sure to cite this example. Charles G. Allison Ca !the Crowe 1070 Crestview CT Unit 2 (building one) Estes Park, CO Karen Thompson <kthompson(testes.org> To: Jerry Allison <coyoteclown©frontiercorn> Cc: "plartning@estes.org‹planning@estes.org> Jerry, Mon, Aug 28, 2017 at &52 AM Thank you for your comment. I will post it to the Town webs to and include it in the materials for tile Board of Adjustment members. Please let me know if you .nave any questions. Karen FOoropsoo Execative A.ssistahi Cornmunay D eVe k.) p Itli era Deparrtrnenf Ionia of Estes Park Phone! 970-577,3721 htlps://rnail.rgoogle,(;:amdrnailfut000=2&A,418oc.521a&Isvert,PX1Y7GgZjW4.en.8,iew.pAsearch,nbox8d1,15€29540eecf4(163Leirni.iSettWOO,39bb 541 or?, United States 1)epartment of the Interior NATIONAL PARK SERVICE Rocky Mountain National Park Estes Park, (.."(4orado 80517 IN RI IiY R111,1( ior A3815 (ROMO) AUG 3 0 2017 Estes Valley Board of Adjustment P.O. Box :1200 Estes Park, C1() 80517 RE: Variance Request, Delmar ljenemann„ Jr., Crestview Court Dear Members of the Board: We have reviewed. the subject request seeking a variance from the 2.5 foot required setback from the west property line. If granted, the variance would reduce the setback to 12 1".cet. Rocky Mountain National Park is contiguous to the west property line of the subject property. We are not in .favor of the granting of a variance for several reasons: I. We do not believe that enforcing the required setback will result in an unnecessary and undue hardship as the lot can be developed with the required 25 foot setback by moving the house and/or reducing the 2,200 sq, ft. footprint by approximately 416 sq. E. 2. :ff the variance is granted, the drainage swale on the west side of the house will result in a cut slope on the park boundary. We foresee future issues related to soil erosion and tree loss as the entire boundary is :forested. The Park System Resource Protection Act (PSRPA) gives the National Park Service the authority to assess the damage caused to park resources by others, and to recover the costs associated with the damage. 3. If the variance is granted, the eaves will project 2 feet into the 12. foot setback. The remaining distance to the park boundary would be 10 l."cret. We arc concerned that future maintenance of the home or drainage swale will encroach upon the park. 4. Firewjse standards call for the removal of flammable material within 30 feet of a home's foundation, and pruning branches 6 to 10 feet from the ground. This goal is not attainable if the foundation of the home is located only 12 feet from the forested park boundary, and the eaves just 10 t.'eet. The responsibility for maintaining an adequate .Firewise buffer for the home should rest with the landowner, not the American public who own Rocky Mountain National Park. The Fall River 1111states Condominiums East are located .just south (.irthe subject property and were developed by Del Lienemann, Sr. in the 1980s. They arc setback only a short distance from the park. boundary, and decks extend into the setback. Rocky Mountain National Park has used that development as an example of what not to do adjacent to a national park. We respectfully request that you not allow a repeat of what occurred in the t 980s. Sincerely, Darla Sidles Superintendent cc: Van I torn Engineering & Surveying Del Lienemann., Jr. Estes Park Community Development Department LAND SURVEVD SIJEUDIVISONIS DEVELOPMENT PLANNING OMPROVEMENT PLATS S"TRUCTIJRAL ENGINEERING SANITARY ENGINEERING MUNK:OPAL. ENGINEERING Delmar VAN HORN ENGINEERING AND SURVEYING icfl( ma nit ariance Narrative and Project Description Jul), 2017 Following Code Section 3.6 Required Items: I.. The SItiecialCtifenmstancets of this Variance Application are that the currently vacant Ire is steep and aceeSs will be challenging: The applicant would like to access the building site from the top access road (Crestview (tort) as access. Iroiri the lower road (Fail River fel"cturt) is very difficult and would be a ver): sorep uphill grade to the flattest building site .irea neat the Southwest comer of the lot, fhe lot has some indication of historic access and grading tor a driveway. This variance application works toward using that already disturbed area where a historic: access has been roughed out but is now vegetated and glOWII over some. Keeping with a rather short and realistic driveway, the access front Crestview (1Troin1 is the most practical access point f'or the builchible port nut, of this lot, (iranting e setback varitmce would allow the driveway to be 12 feet longer (about 1.5% longer) than the driveway would he if a variance is inft granted. The difference irigrade is significant for winter driving in when comparing these two driveway lengths: a. Driveway with variance is 8.4' of drop in 85" or 10% downhill. b. Driveway without variance is 8.4' of drop in 73' or 1.21f1. downhill (at the flattest). By granting the setback variance there is also the ability to lower the finish floor of the home as compared to the historic grade and thus reducing Inctheight of the home above historic grade. The current zoning of the lot is E- I. with a one acre minimum and the lot is hO') Acres according to the plat. Setbacks according to the current ('ode are 25' from all lot lines .for Es1 zoning. 2.. For the Board's determination or Practical Difficulty, we offer the following: a. There can be beneficial use of the property without the variance, however for the building site chosen, and the shortest practical driveway, the variance allows development of the lot with lesser impacts environmentally and liar the future use (less cut and fill and easier profile grades for access) There are no plans to transfer, sell, or change ownership in the near future and the applicant has owned the lot since: 19S8. b. The house setback requested is substantial (12' Out of 25' or 522); however, there is Government land (Rocky Mountain National Park) adjacent to the lot line that the requested variance is for. No foreseeable building no that National l'ark, I 043 Fish Creck Road * Foes Park, (." no 8051'7 * 9741,5S67',73%S vhc"o airbils.corn f.acuil pS likely, thus littl tsr rBe7 iu'rtp'iact t1 Iauld behind the propose() hotis ,es nttti lari'eutiel: Ii eatirin callr plat to. 0" tt udth along alto tnru st littc (usltusre tits, setback s atl;anco is pr'posed ) and the Int Voting is proposed tat 1?" vtroihlituuorn from than lisle [vista'() rs ill allots the oo,if COO ria Ill 1101 t catcr,a<rch inn? that casement (Utilrll 1 "use;utlent drdieauted by the Amended flat th'tcit lc -configured the lot). The essential chaiaetor r,l Ihti neighborhood w,,tlld not c"Lnnfrr, ul lartt the p illin ilts to the southwest ['sill enjoy a more open t Iran ilon rihill it all t,rriauc.e. Is g;ranlod ;in the proposed home will he moved w'e,sl ,and awaiy from VRterir.. principal view. The requested v'irruaatie e [still not change the nature est`the Ileig„plihnrhood ui n 'iittoly"IY'fcct the its. view's, properly vrdues, orentnynmlu or Ike ndµtinor;g, ptupe.rlil5 The property m is been a .,ong,Ie fatly ty residence~ since 1'171 (elate on [lac original plat and ;rounded ire 1976), and thto culreltl owner has owned it since I elf;'$ with ling term plans to ecc,neu:illy build a mountain home. 1'hc construction of this lloine IIt this liio t1toit doe, clelivt ry= of water, sewer or odic hues ganuig? tau', whit"lautcu, tics (building lowter on the lot or farther (risen the existing access pat°sett[); last[+caer, al other options come with increased hardship to the current owner bones his use of tltis lot as it is zoned (single family residential usc) affect :lily ility. The proposed water, setter and gas uc lls for rnato kite shown uu itu:° an,Ie Iced Site Plant. "Nta; aapp'rlicant has ()wiled the property sins e 1988 ,cruel has been aware of the, setbacks and has been ph.auttoint. this horse for a long while. The granting of the variance will better facilrtntc his plans to build and will help overcome me the hardship rt1'atcccss that titan lot its As described. in toil abuse, there are ()tiler not liii `FItis sttuationt ns Went tt goneIsituation. It is t ,upphcatito thus spec') i"ic Silownstana,a^ "(his lot a .yta e'^r rani longer drive[taay twill t`t',;t.tlt in greater impact. to the lot (mole tree loss anc grading rcquilentcnts, cut arrd lill). It is also unique that the cootie [rowan titans€ugu; ci'this lot where it abuts thue lower road Ojai River (",nun) has ,a significant cut bank (are tall) winch shakes access (torn below more difficult than the "access from above-" related to the variance. 4, Them is rtu eh;altpe in lot suae plautn i)i h this setback ivariance application. If authorised and approved, the re t tor Ibis t-au rartce wrxuld b the laird deviation frooa ()sussing, icpnlalioan" least destructive, n'nt5st econoiauic, and may be the only realistic and practical option available to lessen the grade of flue driveWSy for reasonable year- round access. 6irtnating this trasaanes w rlI hi. a insist p 9aster Plat. Namely, hies prop(), while being harmonious with. common density, protecting critical environmental 7. /\sty conditions [last the Iloaril aa6Adjus1ruter circumstance, will be eons' red by its roppl of the I,and Use the physical development o maintaining property values as, and protection from flooding. 'Than yaer rest your consideration of this Setback Van I nt t, 1 s h Cheek Rand ['sic, Park . � a LI7I 51 deems appteslariute to the stettutiot. rattt as tcl�at ci t this a taraaiii e re.ot ice Request. mnuI. t hest nirtoi,...aarn ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Su ti rin i t loforrnation 0111, 1110111 11111111111 111111111111 11110100111110111 1111 011 01 II v0111111, 1111111111111 1111 ,11 Lot Size / t O:q ../LZ on ling Existing Land Use Vc," 221 Proposed Land Use Existing Water Service W 'Town I Well .,,N(' Other (Specify) "it/ON/VC Proposed Water SerOce pe(Town I Well r Other (Specify) Existing Sanitary Sewer Service W FPS[) IN LIFSD 1.-- Septic Proposed Sanitary Sewer Service r- EPSD pc isrsD ' Septile Existing Gas Service r" xcel IP' Other NQne ,Site Access (if (in public stireet) Are there wetlands or the site"? Yes No Variance Desil'ed (DE:ivelcipirrir)nt Corie Seictiori tr) /„,?„ - r'')( III '10 000 Narue cif plin,ary Contact por-soo '?e(W/t/i/leir" li4///tP/ figirOn apir/tr`e://,./ici./;cirl Complete Mallirtg Address Prirrtary Contact Person is r Owner r Applicarif Consullant/Engireor Aachmens Application fee see attached fee schecli..)le Staterrierit of Intent (n9ust comply with standards set fortior Sectiori 3 6 C. of the EVD(.',1 1 ropy (folcied) of site plan (drawn at e scale of 1" 2(1') "t 1 re,th.Jcec)Iec)py of tlie site pier, (1'1X 17") Digital cr,iitees of plats/plans Jr' TIFF or POI' format err ailed to plannirto@estes, org fire site plan shall include irifc)irrtation in Estes Vialley Develc,i)nietil Code Appendix B VII 5 tattachied) The appVicant witbe required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variarloe application schrtidi.ile) Copies must be folded. 10 FOrk 0 Box. 1'70 Mar( ,rerpf A,erwe Es!es, ,'ork C :".) 8051 / 2C13 08 "1,2 k Record /Z2,,rir/rzrzi ,x, ir'tr e'rvriryro rrl _ M][lirig Aritiresr, . Phiorm , - Oen Phone Fax I"r; Lu J Applicartt Madma Add! ('? Phone Cell Phone Fax Ercarl ) /X;) ConsultaritiEngireer o 7.02,7,4 7- Maikng Address /)(,',1,1/<& 4 /12 r21,7 PI lune , Cell Phone rX2C2er 44-3 Fa x A/4/4- Ema i rrirrrkr y ..g?'6?I "42: (4.9 APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your applicairoa packet or view the fee schedule onkre ci lillp wwvr es 4:; s , NIL' ro Do viSch i dnIe hF ees/Pla on riqAp1r1 j ar ion POOIOClJI er pri All requests for refunds must tre made ic yrriirla.,Alll fees are due at the time of submittal. 201 '2, CkB 27 k APPLICA T CERTIFICATION m/, I hereby certify that tire information and exhibits herewith submitted are tore end correct to the hest of rep knowledge and that on beep the application I ant acting with the knowledge and consent of fine owners of the property. le in submilling the application materials and signing this appolic alien agreement, I acknowledge and agree that the application is i.srb cci to dire applicatile processing and atiteic nearing requirements set forth in the Estes Volley Development Code fEvrx:). P I acknowledge that have obtained or have access to the EVDC, and that, prior to filing this ahnlocatieri, I have had the opportunity to consult the relevant previsions governing the processing of and decision on that application. The Estes Valley Development Code is 'dyeable online at: idithkef.W.feittoUilltUftgloctelitatfddi2r6atikft6 Ic I understand that acceptance of this application by the Town of Estes Park for filing and receipt or the appileation fee Sty tire drown does nod necessarity mean that the application is complete under the appliciathe requirements of the EVOC, Is understand that this valance redeoet may he delayed in processing by a month or more if the information provided is incompiele, inaccurate, or submitted after the deadline date. Is I understand that a resubmitted fee will be charged if my application is incomplete. Is The Comrriceity Development Department will notify the applicant in writing of the date err which the application is determined to he complete. Is I grant permission for Town of Estes Park Employees and Members at the Board of Adjustment with proper identification 'avocado to my property during the review of this application Is I acknowledge that t larva, received tire Estee Valley Board of Adiastment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in cry application or the approved of my application becoming null and void. I understand that fell tees will be charged for the iesehrnittat of en application that teas become mill and void. A I understand that II am required Is obtain a "Variance Notice' sign from the Community Development Department end that this sign must be posted cn my properly .where, it 5 clearly visible Erect the road. I understand that the comers sot my property and the proposed bunting/structure corners must be tanned staked. understand that the sign must be posted and the slaking completed no later than ten (10) bus -Mess days prior to the Estes Vattey Board of Adjustment hearing. ar I understand that if trio board of Adjustment approves my request, "Failure of an appticent 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 may automatically render the decision of the BOA null and void,' (Esters Valley, Development Code Section a 6 Di Names: Record Owner P1.,EA.SE PRINT: irts kt, ottkat Applicant Pi EASE PP Ihn 13\ L, Big nature sr Rocord Owner Dale '2 Applicant Dale ‘ FP/ CorpI: iiod .C.,8 it LAND SURVEYS SUP D S ION EI IMPROVEMENT STRUCTURAL ENGINEERING/ SANITARY E S LFN (3 VAT\ I 0 IPAL ENCINIFINFINE VAN HORN ENGINEERING AND SURVEYING 1.)eini“r oemunn Variance Second tinkinivall Response August, 2017 Following Referral Comments Received: The, PhtruPpg_Pci?Arlroput had three connnents that we would LCIaddress-. Thew was a que.stion as to thc.. slaccnicnt lhat, -withow Varranco, thew 2s..1 of drop In 73 lee( or I 22.,1 dawn1.611 Into tho garag.C-. As, this 12S, 3a0i,..aa LFLo Code Rcsponse. Yes, I 22 is the ()wk.' IDaxiMtlil., and Olaf. drose the ini6A clesign .and placement of the house and driveway design. The numbers menlioned in ide orieinal St;.0,::Inc10 ,f.fr \scw. I "'N( 11.R.‘ pl.a(Trik.sm dh.' (Iliyekv.d.y and ide house, now with th.c 8.5"wide back deck (which is aove vracic and required to also iawisobita:4;,;)frave been ereeviewed and the nurnt.ilers have chanved W1L0LIi ide\i“.1.i.dn,:c,.liedz.-.151s10y grade v,volidii he 8 4," (.1' drop in....59` 14 2'7,r) .onti voth ide Vivisx5),,:c.% the dr'is,cwa): sysyk.dal be. 4.4 oi drop in 74: ol lengal (or I Both c.cnkitions allow 12.r one fc)of of drop in prride away from the garage 0ish floor elcvalion to allosk. INNitive drainage away frain the structure \Ve NJsking for ide ‘';,1rirricc.. In order to tr:;1:100,..! n5111 10 41.1 hek.rx thc PlaXimurn allowed gtadc of and to el es [ME tiOla DJ WIN sieep14afOr the haws,: srw. See the anaelwd drivcway profile for a srlsual explimanon of dm. 0. Provide. •dimensions or Ole propoed house ',vial 011.tvict ks.'wHon ..m.4.1 cni Rcsponst- The house ;Is CteSIlLalaCi 15 Shia",\TI ThC' aRaCheat SI IC footprint oL.I,425 s f • per level 'dde upper deck is a sel.hack icatme, Iherefore is stm vvri ineding the proposed Variance ol 12' frPrn the lot hue. The Ci/VCS banii [the hiniding Land deck edges, so 11 iscctioc,tcd 51.1 (PLR (he eever overhang ide easement line (they are allowed in the. senmck per Code) c. Provide pool of ia.TeSS and docuineruation 10 CresIview Court The..aLlual manic of ide LAccess road is Clw-d',..",1 Lane (which 7 .FlOW ,a.aaSa; 5:ila:5V+7.1. tar., 1,1'.a.;, it,;.7 ;',Safi 61:4 11 SI(IN easernem shown on Ow •Site Plan and the legal information tor that access is included as a copy of ide 1987 Reception Number 87045198 (ottachediL th, k 0,47,;11111011::. plOpO,Cd11/ 4 1 1)144)4 4Tn\M UP,111C. Deism togetti giaggit Astir the titsviiiinor:ii of thy. YViticr -1.11utehne- (set\ syiatglItt lingt `f b,,t. PV Han I, 'OV011'c7 ,,111)11, 1(1 11('Clicd PrOhjIA: W91111;!c,opg 01`1)00111,,OR hdd C4roiltriarnifs 1(0 -111es ;Jog ithhieviassi and itddriistiic11 Eysitims tiyudyhti) stoic tgl4y. 7/ie ki,,TTI) 16 616c 61,:iCCIaC Hi" 1116 G66'66'1 .66'16' ,666 6'61 6.66613`r 666,61 4)ce,6666 to66,e6,,16664,666,i; ,6,6 16,616111,1 441(s..(1 /. twig 1h4g1 irgahviric 1 14I River Cesar!, owl the, nao.s/ emri If rote arra is where lir' hatise ma tin nem' 1 (4 4o be 6,666,66631116 6'16 :661,16166 .16,1 666',60 OP (W4WI 114t Add(alkl k) i,p(M Se. The Off C,k'hed 1:11.n.C,H j40/14 ine14O('(.1(pPki qjr c),/ Wpql ,',.k,),"/,/ uf; Sdrr' ta cont(catcoatt tttib bat ccontd bcIpbat cbt1( the, t,,,xto tutnattottt, thc intarct( shown Re,spouLsc: wiacluyl (i)h pr ski ns a t s /or comparison in both neon, Ihere io 8 4 glitti1y ki.ii.V)( 41,4, , ['Alt (Iran' litq' 110 tr.Y,eI 1h) recta leeppM iettmlormlo emcl the low pomi from of the garage is par :1'0(4 ((Mr?' Thi' tin itch ;mini1 he ilrigctisy1 107 id th0 ,S j11 1 for betth erminrips cra !It% 0.0 Si WI e'Vr . nazi reo.sdoirthie oaertilwil 1664161 .66111drilw Mt tlierener in these hio rim a NOLIS FlU.Nler fhc Iocalum4 1 f n,,ce,i 61616611 1.11t116,.r abi(ily ihte VallE1114C 10(44t( .the Piti\idg the Lush floor i'leattons of high ygrinitmos tot dS.seywnont of 0.1e i,tatimtorti 11i/sii/Soy14S10iir giet moms 4f rlf .')(0a1.- /4 1 1/V lir 011c 1 Wit 11,1)41,1 71)e apphr dua Ind.s plaimist birrec has. (lc 11g no! 1116' n'), 1.1 i id 411'() eliPerent .srapes tr, meet the beqlo 0:I the lode ( k 410:11,)ID at.M.riseti e1hi1't6.1(1.1)r41 1" 16 • Si6666 i166661 36.1631 64 66666'1666e '.'6616" 11G1q116 o (NI itp.!' 0,0'1111e' /11 spvase: See rhe ittracheal drirewety postrie The mitirie.,; OP(' prop,,,,,,,il hyhrinai ukaol Fqc.1 144 k 1167611661 p'amer. warm,. 'storm Additiotnil dirsemsiorts on driveway lengths would Kisi 166666 fifr ith c; 4tp, Ir It Show giaciC,, around the site to Lleintyntitiyag the huilding sox 45. the naucst „gist Rgiipioig sc.. See the Mel/Jibed existing eannna t anti note where slims t; the Imitator' apart ( /Tnitma para or or the tor, i66, 66.11.1161666 114.6 15d6111,1617,16 116 7 P161V11 111 116' 66,6'16.11)1e1 .:tencroksai Sho41 the locatioil of the Igiii,tortg 4)44144 ktovionse" This 4 .161411111 410)101 YW" 1 h thr e emitnar.i pro' rrsildis notabic PH mc o7,c1 has bcc% (ulrfisi poirw Sar Hna ((441)4)4,4(414)14141141414 Resit!) n rt rite tAist:illg, s tr rani o 11e141121lit11. t (At .s,rsist c14s1um:.4botantbnau41t4ha(bitL1b4 i crtathadiapats((j((i/atjfebilypetbcobb Thank boattbtotnt(Atbr t.nabctuttncb, nib( 4 htb.iinttratt gt„Intication si."cideid ,1114gliligg dist 11 S i.1.1161/ 1ot Viin Hoin Isrigineei grgii SUrVGyinlp (aUd alb 141 ,l)11 141 1 I4'II1 4dln110 RCbliett diRdEtRO 46EOP481 ilt08t06 4 SM OnlES 4 Flint - M. PODR4BbilltrAl, RECORDER -... LARIMEP COUGRA' CO STATE DOC REE. EASEMENT RPRIP22111121` ii2.00 di U0 This A:attestor, enterrt ltro thin day of ldIsh ttAttn, tpiptep Poll River Estates dendominicEs East Association, is a Colorado nun - Reimer A. uteiht (,C;ILd dgt), ddt joins tenants, (Grantees), is an follows: 1. Grebtor heresy grouts and emtveys onto Drantees, their hairs and assitts. a pentanes -it, ndoentlialve ingress and excels rend eaQ0MCW: Across Lot lb, Black 1, Fall River Estates Addition ro the Town of Rates Park, Colorado (hyping in !smelled pfat of Lott )1 timmuch 16 dud al through )3, Block 1, Fall Rivet Estates, a stbdivialun ot a portion of Destitute 15 nnd 22, Tewnthlp 5 t507Lh., Range 73 Rent ot the. bth P.Da, CO55 untr„ Colcittgo), which easement Ix specifically descriltd ce tightknit. tot is attached htroto and incorporated herein by this reference. 2 Grantor, co tt, behalf nn4 on del alf of tat owner, el 111 condominium osl1.q in loll Riles Estate Osndonrottms Past hereby reterves tI e rinta. tO uog rale Isnot 4,1C,00, which LC15 egoiement. ar. granted 6, lOng ar rudd nne dogS tot ihttriere 'mitt tre rilhEd hkomit0 gloRtbd, and rd,,,,,Xvdd ale right or 11,Je the easement itself. 3. Prestos agrees tt mnintnto the real witalu tba4 eltbmtnnt pootaca. however, to the extent that seld maintenance (excluding, snow riendval excetdrt a cold! 0,t• $50),00 dn drd CqAt cotenant year, Orarttoo attite to pdy thnlr ',torrid boa re Met, the twsscs ,sss rld.C,,, 1 Lfm yys d5 td,g.ti River Estate Condoainisms East of the total maintenance costs for that calendar year (excledmg snow removal), 4. is further ponsidetation for the grmnt of this easement, Grantees agree to pay the sum of $nCL.V.". to Grantor upon the date vi Mat signing dd this sEseemena:„ ire rottoint 5r ilia' Is, Sttelos ectoorinItOtted by Otortatm provided, however, slots t all $750,00 shall be returned to Grantees if Grantor dedidatut the roadway, across which this easement it granted, t, the town of Fares Park or conotys the roadway to said Town, withtn one year subsequent to the dace or this agreement. 5, dlamotes4 hereby dolinc,leant 3nd agree thsr this assentor. shall he limited is perve thao oartain prGgert:4 owed by them, which la dot 31, ph A. dlENEMANN,Ste CERIUVA)PLIAJCACCOUNIANI Block 1. of said Feat Rigor rotates, Allialon, rem infros and grigag mat: be. expanded, by Grant4 es. or their assigns or SUCCCSinlia in title, to gather any other tract of land or for the, pormoselfl Rerking GGR)31 than for ingress and egress ro, said. Lot ifl fur single-family tosiduntial putgosea, 6. fironfora sfall repair Hini undoes to tile, surtivie gnu reenameg across which this easement. in granted, caused ag a result or rhe curntrum- glom of their residence en said Lot fl ar diefr sole expense, god resteyn the same to itg condition prior fa said damage- ?. Cranteas agave co pay ail rnagnitoble aftormoy rams and oasts inonnyad by Grantor should GrIVfeem fail. co perform rho, agreamiint contained In paragraph number 3 or filinbei 6 hereof', thereby' cousing Grantor to Incum such fen>33 enferen tag13, same. Grantees shall agnign their interest inthis easement to their suanossurs in title to said Lot 3]. G„ 'This agyeenomt sradi3. ninin 1n in the benefit Dn. the: parries hereto, their personal. reprosengatives, heirgi desloons, augmageorm in title and assigns, and shall run ailin. the. lands (Lots. it. gad 35, Block. 1., Fall Gismo Estates radii:Mona. IN WITNESS WHEREOF, Yhe pgrales hereto have executed Yhas agreement the day and, hetth ah,ty, tea GRANTOR, Fall RiserEstates CondenInfums East - y hieing and, PreUrsa N.Z.67" .:5T.''erorl-edeiCteirArkOAV iTATE NEARASKA Ho foregoing instrument was acknowledged before no this 21t... day Ef asT are Charing:Ai, Lienamann, Soccgtarys, of Fall River Estates Condominiums East Association. inc. SITENTSS bff hand and official seal. My commission expires: ___49g6...44,J1Eli2(2 Fo t,PI Of) ,4'6,01,41 r!mkpi FLAIS.M01011 trii137 STATE OF NEERASEA COUNTY OF LOAF ) Si' Address: G:EANTFES, Tba foregoing instrument was acknowledged before me this 2.1_,SL day of a 0 A. ',facie:ann fr ace Yore 'fern W1TTnESS ill hand and official seal, My commission expires: ,fmkba0 I be iv, ?Li 990 vv,rH can ,T ; E et,i 911CM- 40' WDE ACCESS _EASEMENT - EXHITT CHAR -DEL LANE PEZEPARED RE: ESTES PARK SURVEYOES fE0, PEN X47 MEE PARK , cov.v7Fava) ovvyvvv"r _LOT 31 LOT 35 w . ACCESS CHAR "'DEL LANE r '?.." 1 malot „E „ 5,..Orvalevk —lira 3. LCJT 33 C•9!..41: x09.14 () do 60123 roz us Os CJ rez.41' C • 05 CI' w11rtc. I..0 r vv. r:TiV 34 _LOT WpoW 11 1 ?iv C514! trrE: § 31....GCK LOT 8 SCALE I I US, 40 00 00 00 LOT 9 EE'Cci) otot St G. • .71 2 vt LU -7 .— ;<" Li CC ;;;;c-; CI] C/I) CD CC CY, 2". CC 4.1 C2) ' M'IO 11111IIIly1;di1'u';I1111VwlIIID'I, 0,y11 u 1111111111111111111111111111111111P w ww IIwN1111lllllllllll Illllii 111111111111111111 uuuuPlli�IINIVlllilhil'iIIIMIIi IIII°Iklllllld wluil� RIIIII IIIIIIIIIIII BiN III swYy p 1 IIIIIIIIIIIIIII�IIIIII IIIIIII IIIIIIIIIIIIIIIIIIIIIIIII pIPIIIIII 000plpgl11 LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATE STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING 3,1 • VAN HORN ENGINEERING AND SURVEYING Delmar1)clinar Lienemann Variance Narrative and Project Description July, 2017 Following Code Section 3.6 Required Items: 1. The Special Circumstances of this Variance Application are that the currently vacant lot is steep and access will be challenging. The applicant: would like to access the building site from the top access road (Crestview Court) as access from the lower road (Fall River Court) is very difficult and would be a very steep uphill grade to the 'flattest building site area near die Southwest comer of the lot. The lot has some indication of historic access and grading for a driveway. This variance application works toward using that already disturbed area where a historic: access has been roughed out hut is now vegetated and grown over some. Keeping with a rather short and realistic driveway, the access from Crestview Court is the most practical access point for the buildable portion of this lot. Granting a setback variance would allow the driveway to he 12 feel longer (about 1 5% longer) than the driveway would he if a variance is not granted. The difference in grade is significant for winter driving conditions when comparing these two driveway lengths: a. Driveway with variance is 8.4' of drop in 85' or .1.0°/0 downhill. b. Driveway without variance is 8.4' of drop in 73' or 12°X, downhill (at the flattest). By granting the setback variance there is also the ability to lower the finish floor of the home as compared to the historic grade and thus reducing the height of the home above historic grade. The current zoning of the lot is with a one acre minimum and the lot is 1.07 Acres according to the plat. Setbacks according to the current (lode are 25' from all lot lines for E-1 zoning. 2. For the Board's determination of Practical Difficulty, we offer the following:: a. There can he beneficial use of the property without the variance, however for the btaldrng site chosen, and the shortest practical driveway, the variance allows development of the lot with lesser impacts environmentally and for the future use (less cut and fill and easier profile grades for access). There are no plans to transfer, sell, or change ownership in the near future and the applicant has owned the lot since 1988. b. The house setback requested is substantial (12' out of 25' - or 52%; however, there is Government land (Rocky Mountain National Park) adjacent to the lot line that the requested variance is for. No foreseeable building on that National Park 1043 Fish Creek Road • Estes Park, CO 80517* 970-580-9388 vheKaliairbits,eom Land is likely, thus little or no impact to others. "Fhere are no roads or trails on the Park land behind the proposed house and variance location either. There is a platted easement of 10' width along the west line (where the setback variance is proposed) and the building is proposed at 12' minimum from that line which will allow the roof eaves to not encroach into that easement (Utility IF,asement dedicated by the Amended Plat that re -configured the lot). c. The essential character of the neighborhood would not change, in fact, the apartments to the southwest will enjoy a more open view downhill if the variance is granted as the proposed home will he moved west and awayfrom their principal view. The requested variance will not change the nature of the neighborhood or negatively affect the use, views, property values, or enjoyment of the adjoining properties. The property has been a single family residence since 1971 (date on the original plot and amended iu 1976), and the current owner has owned it since 1988 with long term plans to eventually build a mountain home. d. The construction of this home in this location does not adversely affect any delivery of water, sewer or other utility. The proposed water, sewer and gas lines (conceptually for now) are shown on the attached Site Plan. e. The applicant has owned the property since 1988 and has been aware of the setbacks and has been planning this home for a long while. the granting of the variance will better facilitate his plans to build and will help overcome the hardship of' access that this lot has. f. As described in /41 above, there arc other means for mitigating this variance need (building lower on the lot or 'farther from the existing access point); however, all other options come with increased hardship to the current owner and his use of this tot as it is zoned (single family residential use). 3. fhis situation is not a general or recurrent situation. It is case specific and this application and materials are geared to this specific circumstance. This lot is steep and a longer driveway will result in greater impact to the lot (more tree loss and increased grading requirements, cut and till). It is also unique that the entire lower frontage ofthis lot where it abuts the lower road Wall River Court) has a significant cut hank (around 10' tall) which makes access from below more difficult than the "access from above" option related to the variance. 4. There is no change in lot size planned or proposed with this setback variance application. 5. If authorized and approved, the request for this variance would he the least deviation from existing regulations, least destructive, most economic, and may he the only realistic and practical option available to lessen the grade of the driveway for reasonable year- round access. 6. Granting this variance will be consistent with the purposes of1the Land Use ('ode, and the Master Plan. Namely, this, proposal provides for the physical development of the County, while being harmonious with common land uses, maintaining property values, reducing density, protecting critical environmental areas, and protection from flooding. 7. Any conditions that the Hoard of Adjustment deems appropriate to the situation and circumstance will he considered by the applicant as related to this variance request. Thank you for your consideration of this Setback Variance Request. 1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • E-mail: vhe(41airbits.com LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING Delmar Licnemann ariance Second Submittal Response August, 201.7 Following Referral Comments Received: I. The Pl annoy Department had three comments that we would like: to address: a. There was a question as to the .statement that, "without a variance. there is 8,4 t ci drop in 7; feet or 12',r- downhill. into the garage", As this .12% meet, the Code, the Planner asLs i.ni w t le Y cat 4 1r � th1 �l }'l v+e".i11Wa,uv W',"e";t:s Code. Response: Yes, l215 is the Code maximum, and that drove the initial design and placement of the house and driveway design. The number mentioned in the original Statement of latent were 12`r "at the flauoat' . The placement tif'the driveway and the house, now with the 8.5' wide hack deck (which is above grade and required to also meet setbacks) have been re -reviewed and the numbers have chanced some. Without the Variance, the driveway grade would he 8.4' of drop[ in 59. of length for I4 2'4) and with the Variance, the drivev ty gracic would he 5.4' of strop in 74' of length (or I I.3`%a). Both calculations allow for one out of drop in grade away from the garage finish floor elevation to allow positive drainage away from the structure. We are asking for the variance 1n order to meet. Code and to be below th(e mttxinrum allowed grade of 12h . anti cu uuliCe the hottest portion of this steep lot lot the house site. See the attached driveway profile for a visual explanation of this. b. Provide dimensions of the proposed house with the exact location and or a s try e v . Response: The house as designed is shown on the attached Site 'Plan. It has a footprint of 1,425 s.f. per level. The upper deck is a scthaek feature, therefore it is shown meeting the proposed variance of 12' from the lot line. The eaves hang over the building and deck edger;., so 12' is requested st'l 411<tl 4lie eaves do not overhang the casement line (they are allowed in the setback per Code), e. Provide proof of access and documentation to Crestview Court. Resp>onst "l'l e actual name of We access road is Char -del Lane (which is now k.IJiIC:LII\ 511Y0110Y1 l'iC S41[ l ban). The.. re. 'its ,I 40 access easement shown on the Site Plan and the legal information for that access is included as a copy of the 1987 Reception Number 87045198 (attached). I 1043.. Fell ('rock Roast • I',SI v*s Pa k. CO `i(i517 o 970 585...9555 a tii-rtiail tit ^(ul li.huty „rnr Tle Liver Thompson and 111C :LW IN Departments did riot have ailly objectitin the proposed variance, however. the Town 'Utility I.)eparmient warned about tfie proximity of the Water' "Blueline" (serviceability line) and ,associated water pressures. The ()Wrier is aware of this and prepared to boost ihe pressure if' ne(ided. 3. The Public Works/EngineerintilDsipartment had several comments (10). They are abbreviated .and addressed below: a, Explain. die hardship more fullyiii . iponser Thir ird P17) 1he ek:trinne slope i? /at and The its it - coici access easement p.rovided access point pill of Char -del Lane, There is or realistic possibility to aCCe,ss from Fall River Court, and the most viable aryl flattest building area is it the house is proposed!. iii.vess needs to be re(Panteible hi grade for year to train! access. b. Additional grading would be helpful. Rrisponse: Tire u1iacheri,c1rireway profile is included and the existing and proposed contours are ,choum on the Site Plan. c. A comparison exhibit would he helpfui with the two locations oh the house shown. Re Sc': 7-he attached driveway profile show,S this for l'011iptiliS(M. d in both cases Mere is 8.4 feet of difference in elevation clarify this Responset The finish floor elevation of the house isset tat meet height Ft gulations) and the len Pr' point in front of the garage is one foot lamer. The match point in the drilvwayii Set and the same fir both scenarios ( reasonable varle,ffis tine easement, and rec.:1)01,-4(4Na It/I on dot .$)de of citric'). The dilhilerice in these Into elevation); (no matter the tocalion of the house ) is 8.4). e. There is im ability with the variance to lower the finish floor. Protide the finish floor elevations of both scenarios for assessment of the statement. Pr VpOtt)e: 1100i" eleharb it are thc fip keep the forme befolv the height limit). The cy,plicant has planned a three level home., has designed the roof with two difjerent slopes to meet the height limit me the (..,:ock, (as .shown Ott the attached calculations). I. Srale the depth ttILLS for both scenarios and the ili-iVe76/L,y Response: See the attached driveway profile. The utilities are proposed CO normal usual Estes Park depths (2' on power, 5'art water,. .3' on sewer). Additional dimensions on driveway lengths would he beneficial. Respite se: .See the claw had' di/het ay profile firawina4. Jr. Show grades around the site to demonstrate the building site is the flattest area. Response: See the included e..v.isting contours and nide .where thev are the lcwthest ipall Tallest portion of' the Tot) ,h,•Ivluate the buddingri proposed to be „vituated (generally). i. Show the location of the historic access. Response: 'This is again .shown with the existing contours and visible, notable, an Ole A labcf has been inbled tea polar rid); oat on the Site Plan. j. Contours arc mislabeled. Ropofi.tc: The existing and pt:hpo.s.eel cvntours ore labeletl. 'The text .vplc' has been eltops0 to more clt arly. and ecw.sily elistinzpish 112e difference. Thank yoya.f.,#r-5.r(31:.dcomn-i-.mts and if additiolial clarificatirm a needed please let inc." know. 7 - ?.:7452/ ( / Lonnie iShclrion, ('Olorado PE and Pi 5 1(26974 for Van Horn Engineering and Surveying (and for the applicant Mr. Lieneinan g. Fish iiiiiI','' it U tOesf'ariL CO 8(.:15i 7 •• i''t • E-nuni: attoi Ls .com Street Address of Lot: ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal D General Information Record Owner(s): /7d4vi1/1 e- -.7"73 F' ev" t' Legal Description: Lot: 7.77/ Block: / Tract: Subdivision: /7:2 ver-- .f.lzrr4ll5- Parcel ID : 3 — Site Information Lot Size Existing Land Use Proposed Land Use 6'7 /ft> Zoning C•424t 5 ( Existing Water Service r Town Proposed Water Service pc:Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service r Xcel Site Access (if not on public street) Are there wetlands on the site? Variance Variance Desired (Development Code Section #): /2- .lC2fr°7 4t2Cll 5 t?i,-/ 4.z, p, Primary Contact Information Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Attachments Well ple Other (Specify) ./LA:M16- Well l Other (Specify) r"" EPSD ,r):c UTSD r- Septic EPSD UTSD E Septic fl Other None r Yes til" No /613 rt. ,,,,..; 6 (:::-/?.?,,,,? /,(,,,,, ,/1:),2',,,,t -16-ii.,•,; .c..t.,,-4.:., (..) l..illtt:::., <-• ( 'll L. 6%0,-7 / (5.l..' ll-ll; .'•?e 1c4cf, Ve;i. 0 Flori, Crk/0"''( c), iii Owner Application fee (See attached fee schedule) Statement of intent (must comply with standards set forth in Section 3..6.0 of the EVDC) 1 copy (folded) of site plan (drawn at a scale of 1" = 20') 1 reduced copy of the site plan (11" X 17") Digital copies of plats/plans in TIFF or PDF format emailed to planninggestes.org site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review see the attached Board of Adjustment variance application schedule). Copies must be folded. r- Applicant fi Consultant/Engineer Town of Estes Pork ,y5 P.O. Box •I 200 ,2), 150 MacGregor Avenue , Et5e, Polk, CO 80y I 7 Community Development Department Phone: (970) 570372 I w Fax: (970) 58.6-020 tc5 www.esteyorg/CommunityDevelopment Revised 2013 08 27 KT Contact Information Record Owner(s) 41141: zn,-)e'r-vramoii 7 Mailing Address e )72/7 Phone Z - Cell Phone Fax 2 I" L. 4 3 7 Email Applicant Mailing Address Phone Cell Phone Fax Email Consultant/Engineer 1/At." /ZA2/2.1C.,/ (-7::-‘,*, //ue".7,/pitc.,6..,;? — e',,c.),7/ - / 4..,?. :'.;i7-2,5?(,,.7if,cvl Mailing Address /0 41-IIZI, FII-(''., ili (..71(",?..1'6",', 1:,...--- 1;..!-,;(1 i 6-3,4 t... Phone 71 I 7 I Cell Phone i.?' I?e) 4- 4.- 3 Fax A.///1 Email e-t,r r-4.7 APPLICATION FEES For variance applications 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: tiltoPwww.estes.om/ComDev/Sonedules&Fees/PlanningAnojicationFeeSchedule.pdf Ail requests for refunds must be made in writing. All fees are due at the time of submittal. .evseci 2013.08.27 KT APPLICANT CERTIFICATION o 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 11 am acting with the knowledge and consent of the owners of the property. Iro 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), f. I 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: http://www.estes,oro/ComDev/DevCode 10. I 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, lb I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline dale. f. I understand that a resubmittal fee will be charged if my application is incomplete. 10- The Community Development Department will notify the applicant in writing of the dale on which the application is determined to be complete, P. I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to Illy property during the review of this ,applicalion It. I acknowledge that I have received the Estes Valley Board of Adjustment Variance 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 wilt be charged for the resubmittal of an application that has become null and void, I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. IP I understand that if the Board of Adjustment approves my request, "Failure of art 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 may automatically render the decision of the BOA null and void," (Estes Valley Development Code Section 3 S.D) Names: Record Owner PLEASE PRIN f trid,•av A.1,1. 4.14 CI 11, Applicant PLEASE PRINT Signatures: Record Owner Dale Applicant Date kevilsed 2013 08 27 K7 oa, RCPT.4g 67045198 OB/06/8/ 11:08:00 #. OE PAILS - 4 tEl - M. RODEA5ER4ER, RECORDER - LARIMER COU4TY CO STATE. DOC FEE- FASFMENT AGREEMENT $12.00 $ .00 This Agreement, entered into this Eist day of July, 1987, between Fall River Estates. Condominiums East Association, Inc., a Colorado none Delmar A. profit corporation (Grantor), and lanneracao, and 2Lfal ftsAh Lienet,"11, joint tenants, (Grantees), is as follows: 1. Grantor hereby grants and conveys iota Grantees, their heirs and assigns, a permanent, nonexclusive Ingress and egress roast easement: across Lot 35, Block 1, Fal,1 River Estates Addition to the Town of Estes Park, Colorado (beteg an almended plat, of Lots. 12 tbraugh 16 and Si througO 35, Block 1, Fall River Estates, a subdivision of a portion of Sections 15 and 22, Township, 5 Sorth, Range. 73 Wes: of the 6.th P.Md, Lariner ('ounty, Colorado), which easement is specifically described on Exhibit A which is attached hereto and incorporated herein by this reference. 2. Cramscr, co its behalf and on hchaU of the owners of all condominium units in Fall, River Estate Condominiums East hereby reserves the right to use the lend 4.C.X064, which this easement is granted so long as such use does not triteriere. with the rights 'herein granted, and rescrveu the right to use the easement itself. 3, Grantor agrees to maintain the road within thin easement; provided, however, to the extent that said maintenance (excluding snow removal) exceeds a cost of $500.00 in any coa entender year, rdract.sea agree to pay their prorsta spare (with the then owners of condo loiter units in Fall. fiver Estate Condominiums East of the total maintenance costs for that calendar year (excluding, snow removal). 4. In further consideration for the grant of this easement, Grantees agree to pay the coo of $750.00 to Grantor upon the date of the signing of this agreement, the receipt of which Is hereby acknowledged. by GralLteT; provided, however, that said $750.00 shall be returned to Grantees if Grantor dedicates the roadway, across which this easement is granted, to the Town of Estes Park or conveys the roadway to said Town, within one year subsequent to the data of this agreement, 5, Grannees hereby acknowledge and spree that this easement shall be limited topnrve that certain property owned by them, which is lot 31, 1). A, LIENFMANN, SR CERTIVIED PUBLIC ACCOUNTAB I SC 50 NENEMA.NN BUILDING liOX LiKASNA Block I. of said Fall. River Estates Addition, for said.. property ro. Fail Riede; Court; and ttat the not be expanded, by Grantees or their assigns or ingreOs and egress from ose of said easement may successors in title, to either any other tract of land or for the purpooe. of serving any use other than For ingress and egress to said Lot 31 for single-family residential purposes. 6, Cranrece shala. remiir any damage to the; surface cE the rcadeay, across which this easement is granted, caused as a result of the construc- tion of their residence on said Lot 31 , at their sole expense, and restore the same to its condition prior to said damage. 7. Grantees agree to pay all reasonable attorney is and costs incurred by Granter should Cfmatees fail to perform the agreement contained in paragraph number 3 or number 6 hereof, thereby causing Grantor to incur' such fees and costs to enforce the same. 8. Grantees shall assign their interest in this easement to their successors in title to said Lot 31, B. This agreement shall be 6Tadltg goof; and is, no Eu the. benefit of the parties hereto, their personal representatives, heirs, devisees, successors, in title and assigns, and shall run with the lands (Lots nand 35, Block 1, Fall Dtver Estates Addition), IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first chow written. GRANTOR: Fall River Estates Condominiums Fast Association, Inc. BY: ATTEST: 1.22/* 4144144mcknr, Secretary, Charl tie M,enemann D. A. L -•-*--•% ene ann, President STATE DE NEBRASKA SS GOWN OF LANCASTER) The foregoing instrument was acknowledged before me this lift day of Tolm _ 198.7 tv fLA. Tieselarre, EresIdeme anD Charlotte Liese.mann, Secretary, of Fall River Estates Condominiums East Association, Inc. WIT7NESS MI hand and official seal. My commission expires:Qfl csg,t uw,l0 meg JR 10 'MENEM 1Mal R#14 aa'q,itE Notary Pal Address: GRANTEES: Delereer A. ttenemans, SI!* \AM ("ALAI 4Q.21r Mary STILE/Lissom:Inn STATE OF NEBRASKA ) SS COUNTY OF LANCASTER. The foregoing instrument was acknowledged before me this 3L5.1, day of by TelmEs A. IttenaDartes, Jr. tEe Easy Ewe's IDersesams. WITTNEES MT hand and officio] seal. My commission expires: 0R), r 9:90 tillati MUNI -SCISI 11,4tNii GM 1 SettlititA ttS4.,;(,:itte is D317,11h 01 401 WIDE ACCESS _EASEMENT — EXHIBIT "$cC CHAR —DEL LANE W6114 CO PREPARED EN: ESTES PARK suRvEIQRS Pa. rao X47 ESTES PARK, C.OL3RADO M.!),51.36-ti1:717 t'Jultt B 00 5.6'0 1tt00 LOT 35 4 WIDE ACCESS LASEMErtil* 1 CHAR -DEL LANE 1 941 Tr° E. ro 414 LrHE Ct E 3 Wk. COX)" aoury LOT 6 BLCCK 0 00 40 60 6006000 ,60 P., FALL RIVER ESTATES CONDOMINIUMS EAST RESOLUTION 064'' WHEREAS, the City of Estes Park has received a variance in setback request, TBD Crestview Court - PID 35222-13-031, from the National Park boundaries for a planned single-family house, to be constructed on Lot 31, Blk. 1, Fall River Estates Amended Plat, adjacent to the north end of Building One of our development. WHEREAS, Charles G. Allison, Caltha A. Crowe and Timothy V. Haight will be representing the Fall River Estates Condominiums Homeowner's Association at the September 12, 2017 Board of Adjustment meeting. WHEREAS, Lonnie Sheldon of Van Horn Engineering was verifying the property lines with the intent of re -staking out the location of the proposed house. WHEREAS, the original location of the house was on the west side, i.e., park boundary, behind a line extended from the west wall (rear) of Building 1, which resulted in no encroachment of views from the back decks and yards of Buildings 1 and 2. WHEREAS, Delmar Lienemann, Jr., the owner of the property is requesting a halving of the required setback from the National Park boundary, from 25 feet to 12-1/2 feet. WHEREAS, the requested halving of the required setbacks would have an adverse effect on the property values of all twelve units in the Fall River Estates Condominiums East development. WHEREAS, the Fall River Estates Condominiums East Homeowner's Association desires to protect the views from the back decks and yards of Buildings 1 and 2. WHEREAS, the Fall River Estates Condominiums East Homeowner's Association, feels the variance request would set an adverse precedent for encroachment on National Park boundaries. WHEREAS, Delmar Lienemann, Jr., the owner of the property is requesting to move the currently staked out location to a 25' setback from our side property line, a violation of the master plan building envelope. Whereas, the requested move poses a potential risk to the foundation of building one. NOW, THEREFORE, BE IT RESOLVED BY THE FALL RIVER ESTATES CONDOMINIUMS EAST HOMEOWNER'S ASSOCIATION OF ESTES PARK, LARIMER COUNTY, COLORADO; 11.. Unanimously approves a formal resolution requesting denial of the variance application. PASSED AND ADOPTED this 9`" day of September, 2017. Attest: Richard J. Cubbison, Jr President United States Department of the Interior P.14 rii 3, A IN RI 111' Kt I LK I kr A3815 (1t,()M()) Estes Valley Board of Adjustment P.O. Box 1200 ,Estes Park, CO 8051.7 NATIONAL PARK SERVICE Rocky Mountain National Park Estes Park, Colorado 80517 AUG 3 0 2017 R E: Variance Request, Delmar Liencmann, Jr.. C -stview Court Dear Members of the Board: We have reviewed the subject request seeking a variance from the 25 foot required setback from the west property line. If granted, the variance would reduce the setback to 12 feet. Rocky Mountain National Park is contiguous to the west property line of the subject property. We are not in favor of the granting of a variance or several reasons: 1. We do not believe that enforcing the required setback will result in an unnecessary and undue hardship as the lot can he developed with the required 25 foot setback by moving the house and/or reducing the 2,200 sq. ft. ,lbotprint by approximately 416 sq. ft 2. If the variance is granted, the drainage swale on the west side of the house will result in a cut slope on the park boundary. We foresee future issues related to soil erosion and tree loss as the entire boundary is forested. The Park System Resource Protection Act (PSRPA) gives the National Park Service the authority to assess the damage caused to park resources by others, and to recover the costs associated with the damage. 3. If the variance is granted, the eaves will project 2 feet into the 12 foot setback. The remaining distance to the park boundary would he 10 feet. We are concerned that future maintenance of the home or drainage S‘Vale will encroach upon the park. 4. .Firewise standards call for the removal of flammable material within 30 feet of a home's foundation, and pruning branches 6 to 1(.1 feet from the ground. This goal is not attainable it' the foundation of the borne is located only 12 feet from the forested park boundary, and the eaves just. 10 feet. The responsibility for maintaining an adequate Firewise buffer for the home should rest with the landowner, not the American public who own Rocky Mountain, National Park. The Fall River Estates Condominiums East are located .just south of the subject property and were developed by Del Lienemann, Sr. in the 19.80s. "lhey are setback only a short distance from the park. boundary, and decks extend into the setback. Rocky Mountain National Park has used that development as an example of what not to do adjacent to a national park. We respectfully request that you not allow a repeat of what occurred in the 1980s. Sincerely, Darla Sidles Superintendent cc: Van 1-lorn Engineering & Surveying Del Lienemann, Jr.. Estes Park Community Development Department C(AVIMFNIL LEil 6, I August 23,2017 Town of Estes Park 170 MacGregor Ave. Estes Park, CO 80517 Ph: 970-586-5331 RE: Crestview Court Lot 31 Variance Request, Estes Park, CO Comment Letter Van Horn Engineering and Surveying Inc. Dated August 2017 Dear Robin, We have no further comments regarding the Crestview Court Lot 31 Variance Request, Estes Park, CO. darted August 2017 Thank you for your time on these matters. Sincerely, Bruce Roscoe ROSCOE ENGINEERING I 4C 720-934-7735 truceroscoe4roscoeengincering ewe PREVENTION pIVPSIION 1. r""" PR T, PREVENT PREPARE PERFOR '11 PLAN REVIEW COMMENTS Date: August 7, 2017 Project Identification: Crestview Court Location: TBD Crestview Ct. Referral: Lot 31 Elk 1, Fall River Estates Amended Plant Variance Request-PID 35222 113 031 The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2015 Edition), the International Building Code (2015 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal / Division Chief Estes Valley Fire Protection District Phone: 970.577.0900 Fax: 970.577.0923 mrobinsonCoestesvalleyfire.org Serving the Residents and Visitors of the b-ttes Willey with Superior Tire and Safety Services 901 t,JI U VRAlt AVE,, ESTES PAR,K CO 80517 970-577-0900 irtoi 970-577-0923 P.O. Box 568 • Estes Park, CO 80517 Ph: 970-586-4544 • Fax: 970,586-1049 www.utsd.org July 25, 2017 Audem Gonzales, Planner Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Lot 31, Rik 1, Fall River Estates Amended Plat, Crestview Ct, Variance Request Dear Audem: The Upper Thompson Sanitation District submits the following comments for the above referenced property:. 1. The District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to contact me, Respectfully, Todd Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment 0128/2017 Town of Es/es Park Mail - objection to variance request Karen Thompson <kthompson@estes.org> objection to variance request 2 messages Jerry Allison <coyoteclown@frontiercom> Reply -To: Jerry Allison <coyoteclown@frontier.com> To: "planning@estes.org" <planning@estes.org> To: Board of Adjustment, Wayne Newsom, Chair Sat, Aug 26, 2017 at 3°04 PM We, residents of Fall River Estates Condominium, 1070 Crestview Court, building 1, unit 2 wish to go on record as objecting to any variance in setback from the National Park boundary for a planned single family house adjacent the North end of Building One of our development. We will be attending the Board of Adjustment meeting on September 12, 2017 to formally register this objection. We intend to seek a letter of proxy from our entire HOA at our annual meeting on September 9, 2017, objecting to this variance request. We learned of this impending appeal for variance from a chance meeting with the civil engineer, Lonnie Sheldon of Van Horn Engineering, who was verifying the property lines with the intent of re -staking out the location of the proposed house. He informed us that the owner planned to ask for a halving of the required setback from the National Park boundary, from 25to 12.5', And that he also planned to move the currently staked out location (to which we have no objection) to a 25' setback from our side property line. He has posted the intent to ask for a variance on the property border. Certainly this individual has every right to build whatever he wishes on his own property, so long as he abides by code, No one disputes this. We feel that the location of this house, if the variance were granted, would greatly infringe on the views from Building One, and to a lesser extent, from Building Two. And we feel this would have a negative affect on the property values of all our twelve units in three buildings. In addition we feel this would set a very bad precedent for all of Estes Park, as others who might wish to encroach on National Park boundaries would be sure to cite this example. Charles G. Allison Caltha A. Crowe 1070 Crestview CT Unit 2 (building one) Estes Park, CO Karen Thompson <kthompson@estes.org> To: Jerry Allison <coyoteclown@frontier,com> Cc: "planning@esles.org" <planning@estes.org> Jerry, Mon, Aug 28, 2017 at 8:52 AM Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment members. Please let me know if you have any questions. Karen Thompson Executive Assistant Community Development Department "Town of Estes Park Phone: 970-577-3721 https://mail.google.conn/mailiut0/?ui=2&ik=ala80c521a&jsver=PX1Y7Go4VV4.en.&view=pt&search-inbox&th=i5e29540eecf4e638.ttirol=15e205d49bb . 1/2 Robin Becker <rbecker@estes,org> First Round Comments Crestview Court Setback Variance 1 message Robin Becker <rbecker@estes.org> To: chip@dalcpapc.corn, lonvhe@airbits.com Dear Delmar Lienemann Jr., Here are first round comments for your Crestview Court Setback Variance application with the Town of Estes Park. Planning Division Comments: Fri, Aug 4, 2017 at 4:06 PM Please provide information relating to: In your statement of intent you state that "without variance is 8.4of drop in 73' or 12% downhill" so without the variance you still meet code. How can we support this if you already meet code? Provide dimensions of proposed house with the exact location and or a survey. Provide proof of access and documentation to Crestview Court. Other department comments are attached. Please update the application accordingly. Please contact me if you have any questions. Cheers, Robin Robin Becker Planner Community Development Department Town of Estes Park Estes Park, CO 80517 070,577.3720 Picture 3 attachments 10,1 Lot 31 Comment Letter (1).pdf 141K 1.01 Crestview Court.pdf 262K Crestview Court TBD. Utilities Comments. Variance Request. 7-28-2017. SR.pdf 1-J1 57K K X Affected Agency Distribution List Project Name (ff ) c AGENCY/POSITION jTITLE NAME PPLI+ ANT/PROPERTY OWNI Engineer/Agent ``YYyy Property Owner/Applicant ItO,rMN�lb$ [Town Administrator „.Cammur tC D ty evelopment Director Planning Division- Planner Planning Division - Plane Planning Division - planner/Consultant ..i.. _......__ ........._ Planning Division Environmental Planner Planning Division- Code Compliance Code Compliance Officer & Signage .._. ._... Building Safety Division Chief Building„Official (C80) Building Safety Division Building Permit Tech Town Attorney Pubic Works Director Town Engineer Public Works Admin, Asst. Utilities Director Utilities Coordinator Utilities Admin.Asst. Water Superintendent Water Distribution Supervisor ight & Power inn Superintendent Town Clerk Police Department 'UnIIC Inlormation Officer TIMT stes Park Sanitation pper Thompson Sanitation EV Fire Protection District Fire Marshal EV Recreation & Parks District Director Park School District R-3 Superintendent Frank Lancaster Randy_ Hunt Audem Gonzales obin Becker Carrie McCooi Tina Kurtz Linda Hardin Will Birchfeld Charlie Phillips 'Greg White Greg Muhonen Kevin Ash Megan VanHoozer Reuben Berg sten Steve Rusch Susie Parker Chris Eshelman Cliff Tedder Shane Kreltx. Tyler Boles Joe Lockhart tl,litmm tr I uJ ster,org rht nfDgeste Ll) ..7 tttnn a'I /9Lstet,erg plat ning liguiridaigrilegargc nuv,,f_nhcl rCrileslrt car. orlist rr e str L..r `.sill lsong rkm ants rig anal35legritt/f steti,rurg. s_org jinc;kh,;rrt(N Jackie Williamson ywitlluirrlvon(r-x„ Eric Rose Derek Fortini Kale Rusch Jim Duell Ron Duel' Chris Bicker Todd Krula Melissa Duell Matt Allen Marc Robinson Tom Carosello Sheldon Rosenkrance r ors r fc fortis, I lJ''Cht irliteltaeateriparigmatioilakir: i f_rlrr^.r; ( parlrsantaluc inns todd Mellsci,p, matl'..11,v rraln,iR m(u a inn r fornngrbrvrpd„corm Urnitlnri r k nit{ grot Inn' Ctiooissorq Planning Dept - Estes Valley Lianion Michael Whitley mwlnglary C)Iair County Attorney & Assistan Building Dept. Chiel Building Official (CBO) LrxJinoeririg Dept. - Developrnertt Review, Drainage and Floodplains Engineering Dept. - Development Review, Drainage and Floodplains Dept. of Health and Environment Jeannine Haag Jennifer Pettus Eric Fried Traci Shambo Clint Jones Tracy Ed Schemrn Dept. of Health and Environment Gourd Menrie Open Lands Sheriffs Office ..' ..... "'_ Emergency;yervices Lorimer Emergency Telephone Authority (LETA) Engineering Assessor's Office Date(s) Routed: erne er'.orr _cyltnnoN;Y_ci,, divard(§? torn it r.or InM e u.+rgt-(arr eror) Dave Lentz dli ntc : taner ol8.._.,...__.,.. fin._ il Ernst Strenge c I cnye ,!,grmor_rrr(/ ....., Tony Simons sggengnp(ml inn erorg, Kimberly Culp I iojlgiigliglantl rig Brian Hatminlak inY ii yj(co l,flr) hi rag Phu niolmir)r I ei Cx.1 us n Harfty,._._..,.. nrharntry{o71 rJ uu rid,,, DISTRIBUTION NOTES All applications in To interest At applications om app o When lead planner - ten lead planner .......,.... When lead planner .....in E ._...,all All applications in EV along river carndors, all applications downtown AlI applications in EV in case of outstanding code violations and for sig age review All application in Town, with exception of BLAB and Ilan edplats BO, also to Permit Tech, with exception of Items routed to C80 solely blc of floodplain nagement All annexations, all projects with a high level of public interest, and all proposed legal documents (e.g, development agreements and draft easements) PPlcahon� in Town wth o highleve I ofwpublic nterest(from re-app} Note: Kevin will also ttag and for Greg M. All applications in EV Outside Town limits for coordination and consistency with Lorimer Engineering (if project involves public roads or drainage) All applications in EV that involve electric or water service provision h a high level of pub All applications in the EV that involve water pro (including properties on well) ion All applications in EV that involve electric prowsion _._..l... 'dare All application's'in Town for schoolssor child careette due to liquor license review and ail annexations (front pre- app stage) All new development and ,subdivisions in Town All local, state, and or federal historic, designated Properties All application All applications involving sewer service in EPSD Sanitation District, or construction that could impact a EPSD main, all requests for utility easement vacation All applications involving sewer service in UTSD district Downtown, or construction that could impact a IaTSD main, all requests for utility easement vacation All applic coin; a catio„ All applications with trail potential All new residential development and ubdivisions in EV EV, Including County Building All applications in EV, outside Town limits All applications in EV, outside frown limits All new development in EV, outside Town limit Including variances All new development and subdivisions in EV, outside Town limits, including variances _.. ,. .....--., All development in EV, outside Town limits, along river/stream corridors - flood'plaln management coordination All applications in EV In areas involving LID projects, d e.g. High Drive Water, Wonderview Condos, Charles Heights, etc __...._... All applications in EV involving septic and/or wells pp atone wilt trail or open space potent at All subdivisions (new lots) in EV for wildfire review All new subdivisions vrrify Final plats —not final condo, amended plats minor subs- Digital OK verlly All plats in EV (including but not 6mded to Stirs, pats pre final & supp condos) amendedl ___.. ........._.. NOTICE On Turmday, September 12, 2917 sit 9:00 am. In the Board Room of the Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, the Estes Val- ley Board of ,Adjustment review a 'Variance request for the property and purpose do - Dabbed below. Legal Dec: rtptiom Lot Al, Blk 1, Fall River Estates Amended Plat TOD Crests cue Ct Crestview Court - Lienetmann Residence ear once Request Variance Item OPEC 4.3, Table 4.2, which requires 25 foot set. backs in the E-1-Estate zone district. Request to allow a 12- foot side variance for con- struction oh a single.family dwelling. Owner/Applicant Delmar Lionemann Or. Any person may appear at such hearing and comment on any mat. ter to be conodered. For more fOrMatrom please OSIt terWOLOStes. orgicurrentapplications, or contact the Community Development De. partment at plannrriggiestes.prg or 970.57.3721 Please check the website two days prior to the meet. ing for not re of any changes, such as meeting' continuances. Published: Estes Park Trail Gazette August 25, 2017 - 1351408 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Larimer Stake of Colorado The undersigned, Terry Love , being first duly sworn under oath, states and affirms as follows: 1. Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher. of the Estes Park Trait Gazette, 2. The Estes Park Trait Gazette is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Lartmer County and meets the legal requisites for a legal newspaper under Colo, Rev, Stat, 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Estes Park Trail Gazette in Latimer County on the following date(s): Aug 25, 2017 Signature Subscribed and sworn to me before me this 2Ein depot Or 7E'E / 11 Notary Public ; (SEAL), SHAYL, ANAL L' NC) II AHLH ss4,N )4c0,H)cc 11) ;LA Account, Ad Number Fee: 1049224 1351498 $2G.70 NOT] cE On Tuesday, September 12, 2.017 at 9:00 a.m. in the Board Room of the Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, the Estes Valley Board of Adjustment will review a Variance request for the property and purpose described below. Legal Description Lot 31, Mk] , Fall River Estates Amended Plat. TBD Crestview Ct Crestview. Court Lien.em.ann Residence Variance Request: Variance from EVDC 4..3,, Table 4-2, which requires 25-foot setbacks in the E-1—Estate zone district. Request to allow a 12-foot side variance for construction of a single-family dwelling. Owner/Applicant: Delmar Lienemann Jr. Any person may appear at such hearing and comment on any matter to be considered. For more information please visit www.estes.org/cun-entapplications, or contact the Community Development Department at planning(a),estes.org or 970-577-3721. Please check the website two days prior to the meeting for notice of any changes, such as meeting continuances. PUBLISH: .Estes Park Trail -Gazette August 25, 2017 7/24/2017 Town of Estes Park Mail - REFERRAL FOR COMMENT: Crestview Court, TBD - Variance request PID 35222 13 031 Karen Thompson <kthompson@estes.org> REFERRAL FOR COMMENT: Crestview Court, TBD - Variance request - PID 35222 13 031 1 message Karen Thompson <kthompson@estes.org> Fri, Jul 21, 2017 at 5:13 PM To: Robin Becker <rbecker@estes.org>, Will IBirchfield <wbirchfield@estes.org>, Charlie Phillips <cphilIllips@estes.org>, 05 Kevin Ash <kash@estes,org>, Bruce Roscoe <bruceroscoe@roscoeengineering.com>, Megan Van Hoozer <mvanhoozer@estes.org>, 09 Reuben Bergsten <rbergsten@estes.org>, Steven IRusch <srusch@estes.org>, 07 Susie Parker <sparker@estes.org>, Chris Eshelman <ceshelman@estes.org>, Cliff Tedder <ctedder@estes.org>, Shane Krell <skrell@estes.org>, Tyler Boles <tboles@estes.org>, Joe Lockhart <jlockhart@estes.org>, Chris Bieker <chris@utsd.org>, 43 Todd Krula <todd@utsd.org>, Matt Allen <mati@utscLorg>, 44 Melissa Mason <Melissa@utsd.org> Cc: "Del Lienemann, Jr." <Chip@dalcpapc.corn>, Lonnie Sheldon <lonvhe@airbits.com> Bcc: Karen Thompson <kthompson@estes.org> TO REVIEWING AGENCIES The Town of Estes Park Community Development Department has accepted the below referenced development application(s) as complete for review, i.e. minimal submittal requirements have been met and the application is ready for review for compliance with the Estes Valley Development Code. PROJECT NAME, TYPE, 8. LOCATION Name: Crestview Court — Lienemann (Note: Application says Fall River Ct, but proposed access is off of Crestview Ct) Type: Variance Address: TBD Crestview Ct Legal: Lot 31, Blk 1, Fall River Estates Amended Plat Project details can be ound in the Statement of Intent & Application Please REPLY All with your comments. Thank you. COMMENTS DUE ON OR BEFORE 5 P.M. FRIDAY, AUGUST 4, 2017 EMAIL COMMENTS TO Property Owner Delmar Lienemann Jr. chip(p,dalcpapc corn Applicant: Delmar Lienemann Jr Consultant/Engineer(s): Van Horn Engineering - Lonnie Sheldon lonvh e «V airbits,corn htrips://rnail.google.com/rnail/u/Muir.28,ik=ala80c521a&tsver=HFKfDbXmXEw.en&view=pt&search=inbox&th=15d676d05910dd6d8sirn1=15d676d059,., 1/2 TBD Crestview Ct - Lienemann Variance t,tUMMO'll Ii nil r .E./YeRperAfing.A., Gdi eiadiatioveniliotekteidieverlf ,eittlifttf Legend Tax Patrols PL.S$ Township and Range PLSS Sections PLSS Quarter Sections Railroads Rivers and Streams Li County Boundary Rocky Mountain Natural Petit Parks and Recreation School Property 0.1 0 0.1 Miles Date Prepared: 7124/2017 10.22.01 AM Scale 1:12,000 0 ,t,„„iverowiewer Weiviitektinewatiewitifilettlitellerti Notes This map was created by Larimer County GIS using data from multiple sources for informal purposes only. This map may not reflect recent updates prior to the date of printing. Lanmer County makes no warranty or guarantee concerning the completeness, accuracy, or t e liability of the content represented.