HomeMy WebLinkAboutVARIANCE REQUEST 819 Big Horn Dr 2016819
g Horn
ive
ot Size Variance
Estes Park Community Development Department, Planning Division
Room 230, Town HaH, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 wevw,estesorg
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ESTES VALLEY
•
OARD OF ADJUSTMENT
MEETING DATE & LOCATION: November 1, 2016, 9:00AM, Board Room, Town Hall, 170
MacGregor Avenue
APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code
(EVDC) Section 4.3.C4 Table 4-2 Base Density and Dimensional Standards Residential
Zoning Districts. The variance would allow two newly created lots to be 0.74-acres and
0.51-acres in size in lieu of the 1-acre required minimum lot size in the E-1 Estate zone
district.
The purpose of the variance is to allow for the Re -Subdivision of 5 parcels which are partially
located in the unincorporated Estes Valley and within the Town of Estes Park.
Staff recommends approval
a
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LOCATION: 819 Big Horn Drive, within the Town of Estes Park and the unincorporated Estes
Valley
VICINITY MAP: See attachment
APPLICANT/OWNER: The Harmony Foundation
STAFF CONTACT: Audem Gonzales, Planner 11
PROJECT DESCRIPTION: This is a request to grant a variance to allow for two newly created
lots to be 0.74-acres and 0.5-acres in size in lieu of the 1-acre required minimum lot size in the
E-1 Estate zone district. Currently, there are five parcels (four are legally non -conforming) which
all zoned E-1 Estate partially located in the unincorporated Estes Valley and within the Town of
Estes Park limits.
A Re -Subdivision Plat application is currently being processed concurrently with this variance
application. The Re -Subdivision of the area (process used to clean up areas with illegally
subdivided parcels) would result in four legally platted lots. Two of the four lots will be a decrease
in size from the original parcels below the minimum lot size requirement. That decrease below
the minimum SF requirement has prompted the need for a Variance.
REVIEW CRITERIA: Iln 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. The Board of Adjustment is the decision -making body for this application.
REFERRAL AND PUBLIC CO MENTS:
Public Notice. Written notice has been mailed to surrounding property owners. A legal notice
was published in the Trail Gazette. The application is posted on the department "Current
Applications" webpage. The site has been posted with a "variance pending" sign.
Affected Agencies. Thisrequest has been routed to reviewing agency staff for review and
comme•nt. No major comments or concerns were received.
Public Comments. Staff has received no written public comment in regards to this application.
STAFF FINDINGS:
I. Special circumstances or conditions exist
(e.g., exceptional topographic conditions,
narrowness, shallowness or the shape of
the property) that are not common to other
areas or buildings similarly situated and
practical difficulty may result from strict
compliance with this Code's standards,
provided that the requested variance will
not have the effect of nullifying or impairing
the intent and purposes of either the
specific standards, this Code or the
Comprehensive Plan.
Staff Finding:
The properties are zoned E-1 Estate,
which requires a minimum lot size of
1-acre. Currently, there are six
ownership parcels. See Figure I. This
division of land was done illegally
throughout history. The Harmony
Foundation building. straddles Town
and County boundaries and is located
on three ownership parcels.
Figure 2 shows the original five
properties that are subject to the Re -
Subdivision application. The western
four lots are legally non -conforming in
regards to lot size. Through the Re -
Subdivision process, four legally
platted lots, will be created, two in the
unincorporated Estes Valley and two
within the Town of Estes Park (see
Figure 3). One of the four newly
created lots will meet Code standards
for minimum lot size at 1.15-acres
while the other three will not. Of the
three, one will increase in size and
become more compliant with the
1
.„"
,,,,,.•
Figure I: Curren/ (r.,t:her,s'ilip parcels., 17.avr of the six are under
sized. Five al the ,.9`.1- are located outside of Tovvn Boundaries.,
Thirtwilly F0HOW-1110,7 hilhhil,°4 „so -whiles two ilwisdictions
(County and Totun). A/hat/plc subdivisions of laud,
Legally
con forming
kn. size
Fly,vrt° 2: Original...live parcel.suNect it Rc-Subdivi,Nion
area, Four Of ihC111°6- parceLs" art, under .sl'xed awl located
the unincorporated Estes ,Vallev.
819 Big Horn Drive — Lot Size Variance
Page 2 of 5
EVDC and two lots will decrease in
size„ This variance request is for the
two lots that are decreasing in size,
Lots 3 & 4.
Staff also finds that the current zone
district is not aligned with the size of the
lots in this area and that does pose
some difficulty with developing the
sites, especially with the established
50-foot setback requirement.
2. In determining "practical difficulty," the BOA
shall consider the following factors:
a. Whether there can be any beneficial
use of the property without the variance;
Staff Finding:
There are cross jurisdictional
boundaries (County/Town) in this area. While the developed parcels may remain to be
occupied as they are now, any illegally subdivided parcel is deemed undevelopable. The
Re -Subdivision Plat aims to "clean up" the area and legally plat four lots. The existing
Harmony Foundation building is located within two jurisdictions which make repairs and
maintenance extremely difficult. A non -conforming building may not expand or be altered
in a way that extends the non -conformity. The Harmony Building is essentially untouchable
as it lies within three setbacks.
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Figure 3: Re-Subdirision Pia, resulting at fintrIllt e'a,'/ons„ 1,,ita 3
ctltl 4 cote decreasinxt in size and require a Varianc4 to In/trauma
folt size, Lot '2 i,s increasing ,vize and tncr itlg towards
mytOrntonee,
It is not practical in any way to continue with this situation. The Re -Subdivision Plat is the
correct course of action to remedy this problem. The end result will create two undersized
lots, but will remove all setback and cross jurisdictional problems.
b. Whether the variance is substanfia0;
Staff Finding:
The variance is substantial when the actual percentage calculations are presented. Lot 4
will represent a 16°/0 Variance and Lot 5 will represent a 42% Variance. The end result of
the two applications remedies several problems that the Board of Adjustment should
weigh into their decision. Illegal subdivisions are being remedied by re -subdividing and
platting the area, cross jurisdictional problems are being fixed with the re -sub and one lot
is increasing in size and moving towards conformance with the 1-acre minimum.
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
variance;
Staff Finding:
The character of the neighborhood will not be altered or suffer a detriment in any way.
Granting the Variance allows a complicated land use issue to be resolved. The majority of
this area is developed with the exception of the western parcel which is currently deemed
unbuildable due to being part of an illegal subdivision.
819 Big Horn Drive — Lot Size Variance Page 3 of 5
d. Whether the variance )uld adversely affect the deliver)/ of public services such as water
and sewer.
Staff Finding:
Approval would not have any effect on public services such as water and sewer. The Re -
Subdivision Plat will require dedicating all appropriate easements for public services.
e. Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding:
The Harmony Foundation did purchase the parcels with the knowledge of lot size and
setbacks. This situation is very uncommon in the Estes Vallley. Again, the re -subdivision
is the appropriate process to remedy most of the known issues.
f. Whether the Applicant's predicament can be mitigated through some method other than a
variance.
Staff Finding:
A variance is the only method to accomplish the proposed lot arrangement. Another
alternative to remedy the multiple lot lines that cross the Harmony Foundation buillding is
granting several easements across the parcels. This would mean that the illegal non-
conforming parcels would remain as such and not be buildable, This alternative would
further burden all property owners involved.
3. No variance shall be granted if the submitted conditions or circumstances affecting the
Applicant's property are of so general or recurrent a nature as to make reasonably practicable
the formulation of a general regulation for such conditions of situations,
Staff Finding:
The conditions of this application are very unique and are not common in the Estes Valley.
Rareiy are there situations in which three parcel lines cross over one building and two
jurisdictions are involved,
4. No variance slhalll be granted reducing the size of lots contained in an existing or proposed
subdivision if it will result in an increase in the number of lots beyond the number otherwise
permitted for the total subdivision, pursuant to the applicable zone district regulations.
Staff Finding:
Currently there are five legally non -conforming parcels subject to the Re -Subdivision Plat.
The end result will be four legal llots. The applications (Variance and Re -Sub Plat) are
decreasing the number of lots and not increasing the number.
5. if authorized, a variance shall represent the least deviation from the regulations that wiIII afford
re ief
Staff Finding:
This Variance will represent the 'least deviation from Code.
6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use
expressly or by implication prohibited under the terms of this Code for the zone district
containing the property for which the variance is sought.
819 Big Horn Drive — Lot Size Variance Page 4 of 5
Staff Finding:
The variance does not propose a non -permitted or prohibited use,
7. In granting such variances, 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 is not recommending any conditions at this time.
STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested lot size
Variance.
SUGGESTED MOTIONS
I move to APPROVE the requested variance with the findings made by staff,
I move to DENY the requested variance with the foliowing findings and conditions (state
reason/findings and place conditions if appropriate).
ATTACHMENTS:
1. Vicinity map
2. Statement of Intent
3. Application
4, Final Plat
43 V
819 Big Horn Drive — Lot Size Variance Page 5 of 5
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tat .R.csubdivision. (1.-ourity Parcels #llls 35243-110-0() I 35243-(,10.4„:102., 3524:3-
110-(,)03, 35243-00-t)()4, 3524,34)5,-(110 wd357-1,3-004)29 and Arinvxiiticirt Potititto latr
1„.„,..itinnet- (h.-tura:N.. payed al's 352,,'.1F3-00-0)) 352,43-0()-()02, 35243-00-003 (if Section 24„
Ilh,..).\,vnathlitt 5 North. Rcirit„te 73 W.Test of tile (..;all Chtunity ul 1 HU tate (..-af (Told -ad()
lit() intent of this sill -in -natal is tra ati)att:u properry hates so tly:0 five. parcels, subject a() this
plat becorne nitare eortrotTnto!„)111,,„teeor(kinee to the limes t\t,n„attz,te l',),tteep,pdledp (-ode
(11-NL)(ey ['altar parcels (T)riginal Parcels 2-4 and 6) riaxt otusitka of the Toy, n of Estes park
T.he eastern portion of Parcels 2-4 ( )053 Page 528) were illegally
split (dialler 1972 by deed ill. Receptiatn No, 9407()042„ dated lt/94 and sold to Parcel 5
a. Lot 10, Nit:aunt VieNv Park). 'The three parcels easi of the private access road \vete split
tdIbecriuse of an encroacht-rient issue by the huI1dln u Pared 5. -Fite oNviter at the time.
the lKingsalonc Foundation, \1/4'anted to purchase the land wic1e.). thear building. The
I artnoiny Foundation ncov sitid eastern portion (til the Mree parcels (East Parcels 2-
4) a.tIong th lRe) 51 I 0, 1\flour11 View Iu LI.t.vhich iM the TOEP boundary, The
proposed Rt....subdivision illustrates tile original five parcels and the p101,10.Sed f011.1.'
In order to adjust the armony louaidatt p,areels that ore parti.allxin Innits„ East
Parcels 2-4 ritust be annexed into the T()EP, 1 lherehtre. Application ts
also al part of this submittal.
Proposed Lots 1 and
West Parcels 2-4 and 6 are outside of-TOEP limits, will remain so, and wall be combined
into two n(CWi [..„01 1 and IAA 2, The proposed Lots will remain in the Estate
Z,oning Fiistrid on Town water, EPSAN sewer service, and To‘vn power. The minimum
lot size tOr I' zoning is I -acre, however the original parcels (2-4 and 6) range from
0.30-0„63 acre each, The proposed Lots will be closer to confOrmang to the prescribed lot
size. Additionally, Lot 2 will include its (twat driveway (currently encroachingon
original parcel 4) at the existing cabin addressed '753 Big Fhntri Drive, Lot 1 s proposed
at I„ I 5 acres and I ot 2 is preposed at 0,59-acre (originallly 0,30 acres as Parcel 6), A 30'
wide utility and ticcess easement along the east propel1y lane of Lrits 1 and 2 along the
private access road will he dedicated with this Resubdivision,
ppoiloseti „rats 3 it Tait 4
The llarmony Foundation currently owns the East Parcels 2-4 (east of the private access
road) and Parcel 5 (Lot 10 of \li View Park) which is the only pared located in the
FOE1) limits, last Parcels 2-4 are proposed to include those portions of the original
Parcel 2-4 from the east edge of the private access road as I aiinner County Assessor
currently depicts the parcel configuration (4's 352430001)1, 35243(J0002. 3524300003),
They 'were split off by deed in 1994 (reception 4940760421, Fast Parcels 2-4 are
proposed a() he annexed into the TOR) as part (if this submitta). The annexed parcels are
then proposed 10 he combined with Pareel 5 and then split Mut two nox 11...)ots, 1_ot 3 and
1 oi ilarinorry',s nropo,,c(i lots ',Ail° ieniam -I ha\ mg aerca,,a,e o1 0.'71 I
wspct,....tivt.tit,°. atfi!,..tat„tet, tht cordorni to tht,..° itt, kICIQ.,!, hCh\V¢,.'\'el 4.11 k.1111FMWr,th:
threC ;-,111KVH 2--1„kicJ'ivy tit.iiinci ttthicii
itcrt.tiat..,tetti ociii it.ot't to 0.17. A,..i,„litiott3II\ the pkposttLI pror.cr/y
cordigurd11on Ior Lots f'1 aid 1 1ukt,oht...° I:Itotitling and invroveinciu crusroacionents thro
c:orrentl), 1 ver tile to th: Eilst l'irrecI 2-4 'The
propose(Hot eorifiguration aIso triak,e o,rie °t;trit..i1/411.tre. on (tacit lot instead 4,tf \vo
strikittitv.!, on one kii. UIII hat iis.Ytic into contt,trinity \ utiiitydl L cci,C1131C1.1.
•alOrti.2, thC prVait: aCCL''SS r"10,1d Nij2 lion) the 1)or1ion 1.ot -1 is Klehlt,..t.„
t..k.idicated v.,'ith this ResubLiivision,
\ vai irtn(;:e is being reutik,,sted for rninimum loll, size (E.,,...0,es Devkflopinent Code
Section 4,(-Residential Zoning l)istricts), Lots 3 Lind 4 will be stnaller in size than tIve
oriltinat eat 10, Motmt View Park lot W.SS-aerc) that. is eiirrently bdo.w the -acre
nlullnmnl lot size in the 1 zi.ming district The resulting Lots :3lfl4 4 \v41 be 0,74 zuici
0.51-acre respectfully ‘vhicli is Irtier Ehan many of the current 1(its,
All proposed 1„,o1s arc scr \ iced by To\vn iter, Town pow(2r, and the 17:stes Park
Sanitation E)istri.ct (EPSD) Original Parcels 2-4 'were in the Upper 'Thompson Sanitation
District and have been recently Excluded from the UTSD (August 1.), 2016Y ()rice the
Resubdivision is finalized„ 1 petition lOr Inclusion into the EPS') will be submitted as
agreed with EPSti, A sewer main shall be extended from existing. manholes
southisoutheast of the parcels per EPST) standards prior to the developtrient of' I eat 1 as
m>ted on the Resubdivision Plat
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Date:
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATIO
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Record Owner(s)::
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Legal Description: Lot /1C,,,,''' Block; -- ,
_ Tract!
Subdivision: /: 1 I/ / r“ 1 ° I o'' OofO'oji.o,1 Co?,4 ,„1,.,
Parcot
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r'tiormation
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Lot Size
Existing Land Use
Proposed Land Use
Existing Water Service
Proposed Water Service
)K Town
Town
Existing Sanitary Sewer Service
Proposed Sanitary Sewer Service
62.
Zoning _
Well Other (Specify)
Well I— Other (Specify)
r- EPSD UTSD Septic
EPSD ,;;Z: UTSD r" Septic
Existing Gas Service r" Xcel Other r None
Site Access (if not on public street)
Are there wetlands on the site?
Yes gNo
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Variance
Variance Desired (Development Code Section #)
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Name of Primary Contact Person
Complete Mailing Address C)773
Prirnary Contact Person is ner r Applicant
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Application fee (see attached fee schedule
- Statement of intent (must comply with standards set forth in Section 3.6,C of the EVDC)
1 copy (folded) of site plan (drawn at a scale of = 20') "
1 reduced copy of the site plan (11" X 17")
Digital copies of plats/plans, in TIFF or PDF format emailed to planning@estes,org
" The 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.
nsultantlEngineer
Town of Estes Pork -.E., P.0 Box J 20b -a, J76 mocurego Avenue .6 Estes Park, 6 805
Common'ty Deveopmenf Deportment Phone: (970) 577-3721' Fox: (97C)) 586-0249 -6 www.oVos.org/CornmunoryDevelopr-nerl.
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Record Owner(s)___________"--:?;„
Mailing Address
Phone Li-""")
Cell Phone
Fax
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A PLICATION 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:
http //www.estes,orn/CorriDev/Schediiles&Fees/Plannin_a_ApplidayonFeeSchedule_pcif
All requests for refunds must be made in writing. All fees are due at the time of submittal!.
APPLICANT CE TIFICATION
I hereby certify that the information and exhibits herewith subrnitted are true and correct to the best of my knowledge
and that in .fiiing the application am acting with the knowledge and consent of the owners of the property,
in submitting the application materials and signing this application agreement, I acknowledge and agree that the
applicafion is subject to the applicable processing and public hearing requirements set forth in the Estes Valley
Development Code (EVDC),
I acknowledge that t have obtainedor have access to the EVDC, and that, prior to filin • this application, I have had el(
opportunity to consult the relevant provisions governing the processing of and decision on the application,
The Estes Valley Development Code is available online at:
htteeewww,estes,pre/CoreDeviDevCode
le 6 understand that acceptance of this application by the Town of Estes Park for filing and receipt of the nee! cation fee
by the Town does not necessarily mean that the application is complete under the applicable requirements of the
EVDC.
0- I understand that this variance request may be delayed in processing by a month or more if the information provided iE
nco mple te , inaccurate, or submitted after the deadline date.
10. I understand that a resubmittal fee will be charged if my application is incomplete,
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete,
grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper
identification access to my property during the review of this application,.
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 will be charged for the resubmittal of an application that has becom,
null and void,
II' 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 cornpleted no later than ten (10) business days prior to the Estes Valley Board of Adjustment
hearing,
Ir• I understand that if the Board of Adjustment approves my request, "Failure of an 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 3,6.D)
Record Owner PLEASE PRIN7'
Applicant PLEASE PRINT:
FRecor
(czj,)44 -47 ,
Date
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STATEMENT OF INTENT -VARIANCE REQUEST
PRENDERGAST BOUNDARY LINE ADJUSTMENT
September 26, 2016
Boundary 1.../ine. Adjustment for 1...,arimer (...'ounty Parcels ..t.'s 35243-00-001; 35243-00-002„
35243-00-003, 35243-00-004, and 3.5243-00-029 and Annexation Petition lbr Larimer
County Parce11-t's 35243-00-001, 35243-004)02, 35243-00-0.03 of Section 24, Township
5. North, Range 73 West of the 6111 P.M, County of 1,..arimer, State of CrAorado
A Variance. to Estes Valley Development Code Section 4.3 (Residential Zoning Districts)
is being requested as part of the Prendergast Boundary Line Adjustment ( BLA).
intent of the BLA is to adjust property lines of five parcels to make them more
conforming in accordance to the Estes Valley Development ('ode (EVD('). All five
parcels arc in the 1E-1 Zoning District (Estate:]. -acre min.). Four of the .five parcels will
inerease in size, while one parcel will decrease in size and become Less conforming as far
as parcel size The parcel subject to this variance is Lot 10, Mount View Park
Subdivision (labeled Original Parcel 5 on the BLA) in the Town of Estes Park (TOEP)
limits,
Lot 10, Mount View Park (the most eastern parcel) is owned by .the Harmony Foundation
and is currently 0.88-acre, -1" wo structures and associated improvements exist on this
Th e northern structure encroaches onto the parcels to the. west (labeled parcel 2 and 3)
also owned by the Harmony 'Foundation. The Bl.,A proposed that the parcels west rrt"
Flarmony (parcels 2-4, all owned by Harmony Foundation and non -compliant), be
combined with Lot It) and divided into two parcels that would result in more compliant
parcels considering encroachments and number of structures on the Lot. The resulting
Parcels 4A and SA will be 0.'74-acre and 0,51-acre. Both acreages are smaller than the
original 0.88-acre. Although the final acreages are less than the original and non-
compliant with thc I -acre zoning, many other compliance issues will be resolved such as
Parcels 2-4 (size varies .from 0.06-0.13-acre) becoming larger, annexing Parcels 2-4 into
the TOEP, alleviating cross -jurisdictional encroachments, and creating; two parcels
containing one structure as opposed to the existing single Lot 'withtw(..) structures.
The standards and criteria for variance applications are addressed below (alpha -numerical
values correlate with EVDC Section 3.6.0
Special circumstances and/or conditions do exist on 1 ot 10 of the Mount View
Park Subdivision (Lot). Currently', the Lot is 0.88-acre, less than the I -acre zone
requirement. "Two structures exist on the Lot, with structure/improvement
encroachments over the \vest Lot line. 'Hie Variance will .resolve encroachments
and result in one structure per parcel with a reduction iti parcel size.
2. Practical difficulty factors:
'.1) There can he beneficial use without the variance, however there are cross -
jurisdictional encroachments (County/TOEP-along the west Lot line),
Building permits for repairs tir improvements .may not be able to he
obtained with such unresolved encroachments.
b) 'Fite variance is a 16% reduction in size or proposed Parcel 4A and a 42`-',/),
reduction in size for proposed Parcel 5A. Lot 10 is currently under 1-acre
in a I -acre zoning district, therefore the requested variance (toes not seem
substantial..
The essential character of the neighborhood will not be substantially
altered by granting this variance because the parcels are already.
developed, only the property lines are adjusted. The adjoining properties
to the west will benefit by this variance that will allow the very small,
non -conforming parcels to be included On a larger, more compliant parcel,
d.) The variance will not adversely affect the delivery of public services, An,
access and utility, easement will also be granted along the south portion of
proposed Parcel 5A, which will be a benefit to the delivery and.
maintenance of .public services. Only water and sewer are kicated and
shown within the proposed easement. Overhead utility lines cross over
structures, therefore no easements have been shown for the overhead lines.
There has been discussion of revising the BLA to be a Re -subdivision
Plat. In the case that a Re -subdivision Plat will be recorded, a dedication
statement will he included on the Plat to dedicate all shown casements.
There is no conclusive information on the location of .telephone, cable and
gas lines.
e) The Harmony Foundation did purchase the properties (Parcels 2-4, and
Original Parcel 5) with the knowledge ni this .requirement. Ihc 13LA
includes four parcels to the west that have non-confOrming issues and are
owned by other parties. There are many issues that the F31..„A will resolve
among all the involved properties.
.1E) The property owners' predicament could possibly be mitigated .through a
more complicated method that would further burden the properties, such
as granting casements on adjacent properties and maintaining illegal, non-
conforming parcels. The IAA is not currently in compliance with the
prescribed lot size, hence this variance grant will not make the Lot non-
compliant.
3, This is not a general or recurrent circumstance affecting this property so as to
formulate a general regulation for the condition. This is a unique circumstance
where the granting of this variance would make this the most clean and simplistic
method to resolve the .problematic conditions,
4. Lot 10, Mount View Park will be vacated from the ,Mount View Park Subdivision
as part of this BLA, therefore reducing the number (:)f lots in the Mount View Park.
Subdivision, No increase in subdivision lots shall occur with this BLA.
5. This variance request is the least deviation from the regulations while taking into
account existing improvements on the Lot and existing property boundaries (i.e.
using current monumentation to allow .for a more simplistic re -configuration of
property lines).
6. This variance request does not change the use of the subject properties.
Please contact me .with any questions or concerns regarding this variance request or the
associated. and Annexation.
Thank you,
(line M. LeBeau,. Project Manager
For Van 1-forn E,ngineering & Surveying„ Inc.
BLJb itta,
Date,
11111,
enera111,Inforiliatiort 1011,
ecord Owner s ///i er'r 44,/,
eel Address of LotJL
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATION
v11111111' 111111111
111111111111111 11111111111111111,00111
HUNITY EVEI OPME
1111111111
1111111 111111 01111
100111111111111111111ovili,11,1,1111
11110 11414111111111111,44
111111111111111111101111i
Legal Description: Lot: /0 Bock : Tract:
Subdivision: ) /
D #
'4514.-44/4) 644' 4
Site Informon
111111 1111111111:::'.:1!
.11 1111111 h1111 '1'1111111'ill'111111111'1111i11.1":1111111111MH11111;1111111TI!
11,f
11'''''''''.1):':611111111111111111Vil'111111. I 1
11111
\1.1'.11111,1,1.1.111,111,111iii,11,1:11111
Lot Size 6
Existing Land Use
Proposed Land Use
Zoning.
Existing Water Service Town r- Well Other (Specify)
Proposed Water Service Town r- Well 1 Other (Specify)
Existing Sanitary Sewer Service r- EPSD / UTSD ii Sept c
Proposed Sanitary Sewer Service im EPSD ,,,R UTSD i/- Septic
Existing Gas Service r- Xcel r- Other None
Site Access (if not on public street)
Are there wetlands on the site?'f - Yes „Ix(
ariance
. „ •
Variance Desired (Development Code Section
••••iii/"/ • • •
Name of Primary Contact Person
Complete Mailing Address
Primary Contact Person is
e,
,
d e54,1„;14; ;10'1 r
":" " ?"" • •
A
"
ner F-• Applicant ConsultantiEngineer
Application fee (see attached fee schedule)
Statement of intent (must comply with standards set forth in Section 3i6.0 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")
1"- Digital copies of plats/plans in TIFF or PDF format emailed to planning Istesiorg
"." The site plan shall include information in Estes Valley Development Code Appendix B:V11.5 (attached).
he 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.
Town of tste.s Pork - P.O. Box 1200 -4s )70 NitocOregor Avenue -6 Estes Pork, CO 8051/
Cornrnon'ty Deveuoprnert Department Phone:! (970) 5177-37211 -6 Fox4 5815-0249 w",,,,evi.e.s7os.orp/C,""ornmunryDevecrprn.424"4,1
11r.,0616'Ict inforMaiti611111111114 1,111;11111100 1111,11,11,111111,111111101,11 ,1010,111111,,,y1H ,10,111111111
1001 101141.111111111111111111,1011111,„„11111111,111111111111111,11,11111111111'11101 1,111"111;11,'11 1111 '„1 '111111111,1'11.1'11111111.110111111111'111,111, 011',11i,01,00101010,„„,,;101,11111,11',„„„,1001111,111111'10(1111000.1,11111"11111111ovivivivolovool'I'vvIvill11111111\11111111111111111011111\1\11111\1\1\1\111111111111!„',"',1„„"„„i:11,1,111111111,11,11,11,11,11,111111111101111\1111,11,11111111111,11,110,1,1,1,1',111\111\1111,1111„'„'001011000011111111vhvuolohlhiv),1,1,1,1,1,1,1,1,1,111,0111111111111111111111111111111111111
'011.1111,1110,1110111111 01111r11' 0 11111'1'11 "' 11110111111111,1 1111111111,1 1111,1,, 1111,111111 01"1'1111,111111 l',111111'111'111 ,1111,11111111'Y,101 11',111',11,11110111111111,1111 11111.„.,,,i,1111111.111111 1,1001,
Record Owner(s) ff
Mailing Address
Phone
Cell Phone
Fax
6.7
Email
Applicant V/f/f..v1 /-10 lartp,..,,/,',ca,raa
Mailing Address
Phone
Cell Phone
Fax
Email
erg
Consultant/Engineer LifiaaLt ki/(r) if /1 hail effeff,f; !ft 64, • kieL.4.,
(„,) Li( 11-1 (11, Ct -d—y• b'ZIS Maiting Address.
Phone
Cell Phone
Fax
Email
)"2/ --- 6)/
//i 6!•••
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-
http tiwww.este.12m/CornDev/Schedules&Fees/PlanningApplicationFeeSchedule_pdf
Ali requests for refunds must be made in writing. All fees are due at the time of submittal.
Nar
APPLICANT CERTtFICATIO
1 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 I am acting with the 'Knowledge and consent of the owners of the properly,
10- In submitting the application materials and signing thisapplication agreement, L 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),
b. I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had el(
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Valley Development Code is available online at:
httEdiwwwstes.oe_LIComDev/DevCode
understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application lee
by the Town does not necessarily mean that the application is complete under the applicable requirements of the
EVDC.
I understand that this variance request may be delayed in processing by a month or more if the information provided
incomplete, inaccurate, or submitted after the deadline date.
1 understand that a resubmittal fee will be charged if my application is mcornplete.
0- The Community Development Department will notify the applicant in writing of the date on which application -
determined to be complete.
I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper
identification access to my property during the review of this application,
l 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 will be charged for the resubmittal of an application that has becom,
null and void.
10: I understand that 1 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 comers of
my property and the proposed building/structure corners must be field staked, 1 understand that the sign rnust be
posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment
hearing.
I> I understand that if the Board of Adjustment approves my request, "Failure of an 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 3.6,D)
es:
Record Owner PLEASEPRINT 01,4_ t
Applicant PLEASE PRINT:
Signatures:
Record Owner
Date
4 1 Attp,,4
Aro 4,00
Zoning Districts
R1Vi
(Ord.
18-01
§14)
'
Base
4,3 Residential Zoning Districts
Table 4-2
enEJty Standards Residential Zoning is riots
Ac. 200
2.5 Ac, 200
1 Ac. [31 100
1/2 Ac. [3] 75
Ac 60
8 5,000
4 Single-family
= 18,000;
Duplex =
27,000
Residential 40,000,
Uses: 5,400 sq.
Max = 8 and ft./unit [61
Min = 3 (Ord. 25-07
§1; Ord. 15-
Senior 11 §1)
Institutional
Living Uses; Senior
Max i= 24 Institutional
Living Uses:
1/2 Ac,
Notes to Table 4-2
(1')
(2)
(3)
(4)
(5)
(8)
(7)
(8)
60;
Lots
Greater
than
100,000
sq. ft,:
200
50
25
25-arterials; 15-
other streets
25-arterials; 15-
other streets
25-arterials; 15-
other streets
25-arterials: 15-
other streets
50
25
10
0 50 30 20
50 30 20
25 30 20
15 34 20
10
10
10
10 10
(Ord,
15-11
§1)
30
30
30
(a) See Chapter 4, §4.3,D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are
required to set aside private open areas per Chapter 4, §4,3,111,
(b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots in open space developments,
(c) See Chapter 11, §11,4, which allows a reduction in minimum lot size (area) for attainable housing,
(d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02
§1)
See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands, (Ord, 2-02 §5; Ord. 11-02 §1)
ti private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7,12,
-Adequate Public Facilities,"
All development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor
area ratio (FAR) of ,30 and a maximum lot coverage of 50%. (Ord, 25-07 §1)
Minimum building width requirements shall not apply to mobile hornes located in a mobile home park.
Single-family and duplex developments shall have minimum lot areas of 18,000 s.f and 27,000 s,f, respectively. (Ord 18-01
§14)
Alt structures shall be set back from public or private roads that serve more than tour adjacent or off -site dwellings or lots. The
setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded
easement or the property line, whichever produces a greater setback. The setback shalt be the same as the applicable
minimum building/structure setback. (Ord. 11-02 §1; Ord, 25-07 §1)
See Chapter 1, §1.9,E, which allows an increase in the maximum height of buildings on slopes, (Ord. 16-02 §3)
(Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord. 15-11 §1)
4-7
Supp. 12
Affected Agency Distributi List
Project Name_i-V ciy-rf\•)v/a)-7,
AGENCYIPOSITIONITIT
yi,,,iii lPlagrtngDiktkion - Planner siAudorn Gonzales INgiitgaglgic4VL2gALN,,_,_,,„„,
Plaraking Dielsion - Consultant & 00li.„0,,, chow., s as: :ptanningAtigya,pckg,
i Planner iilagNPicgltagecteggar_ig
Lesion
ilenning Division Tine Kurtz
rl`gL9900lr91,'LCTCPf.......„,
Planning Division - Code CorgrAig.nne
Codia Compliance Officer & Signage
IL.KgrizikeiatimoLg
'7770777'3777"-/
0ll appliciations in Town with a high level of public
nteresi V,IroineLtaiiikEL
All applications
kkarl piknnet
iWhen load planner
g,"" " • "Ti E" ""T"
rilveri corridors, ail
applications dowritokkiik ,.................„_„„,„„,„
O applications in EiV in case olo 00100 0,19kode
igiolationg and for signage review
- ..... 6610ii1giifiEii;i:;10r, Witt Birchfield itTeirCttielfgletAtIfit.Org All applicafirins in TdiiiCC-kitifttigittiaiatn of likpkg. anti
c.i.,,fP,°169.99.ffi,,i2L,SciLB21... ,.. amended ptags
It to CLIO, also to Permit -tech, with exception of
Charlie Phillips items touted to ITBO solely WO of tionaplain i
Building Permit Tech CiehigifittiAgetilesoktd
, management „ „„,
All annexations, till proleors with a NO, [creel of public,
(gime White g,..9g0,;.0.?0nq1s(E, interest. and all proposed legal dracurcenis Le g.
dekelikernora agtoomenis and &aft easements X
p jA,.,Itlear.,,,f,itii(7,:elir,orips,io„Tmovw), with a high level of Niblis
glINLNICiall(4-egl.e...Ptg
. Note. Kevin wild also flaig and for Greg M
All eopliNstiorts in IN
L195.197i..c.',!c2. gutoide Town limits fot coordination and consicionsiy •
9 lke.MY2t19.Laii•IfiLiggvigil Larlmor Fingineering (if craiect involves pubdio
iNY,2L
i oads or drainage)
UtfiffLikaCoiNector Reuben Bergsten Elikel0kke11@eg1e9„,,0511, All applications in EV thin involve electric IN water •
Utifiliegk Coordinator Steve Rusch gEggichLcgsigtiggigaiiEg 501,Ce provision
Utilities Admin. Asa Susie Parker ar,911,sqlPsAtoLTI1
Water Superintendent Jeff Boles i.L1i0tigi1g1llgaliglik.,2,1ig Nil voile:ten", nfl the LiV coat ,ncolae aater prokason
Water Distribution Supervisor Elie' "feeder ragildectitigeglec.„Tggq tinClogicia Properties on well)
.--" Light & Power Joe Lockhart ilstkiktitittlgieg.tetti-OlLik Ail applications in EN that InvoAvr: electric provision
Line Superintendent
Ali appLoations in il'a,rn for schocis or child C.Ye dl.. '
Town Clerk Jackie Williamson ogfickrukerkkeitiagficiktg to litNor license review anti all annexations (from pri,.
app stage)
Police Departmccie, Eric Rase "griggergieggea.,,PiNf ATI new development and subdivisions iri Trawn
All local, stake, kind or federal historic aecignated
Museum Director Derek Foglia gl.Pr101(ggggq.,,,Kg properties
Ail applicatims in E.V
„
Building Safety Divicii,in
Town Attorney
Ifkablio Works Director
Town Engineer
Pubtio Works Admin Asst
X Public InformaliOn Officer Nate Rauch
iiiTZ,31fir"" AB I liarite,.4';:;,„ 0117/77
0011l applicatioris involving sewer sergoo in EPSD
Jim Duell ildgefl,@ekkgagetaignitiatensfrg. Estes Park Sanitation
Ron Duell iLkiektfakeigkkaglikgglEggllikkiliglikl EPSD main all requests for ulgity eatiemont V2Cat[011,
, Sanitation District, or construction that coulti 1171p9Ct ,i,l'
Chris Bieker All apetinalions involving segver service in uTso
Todd K0%10 . district, Downtown, or constructiod that could impart
Upper Thompson Sanitation ,glitlfg_g12,ii,LtiMligifiLikii...ingtil..gult4.,,liKg
Melissa Nadi a Lam main, all requests for irtility easement
Moll Allen • vacation
EV fare Protection District All applications in IEV, including County Building Maro Robinson r kg.igignkligggralggitiff.9.
Fire Marshal Petrel applications
EV Recreation & Parkg District
"fore Caresello NifigtitigkilPSI.SLikrg All applications with trail potential
Director
i Park School District Ri.3 All new resident ci development and all new
I Sheldon ROisenl,anie igtethiglif52210.,glinfigafitglilL.,12...cig.i.kgi
Superintendent subdivisions in EV i
/111„,/li .71,11 , ,t,?:
i
Planning Dept. , Estes Valley Liasion [Michael Whitley .inwgigie ykairtignmagte All apeNrAtions in EV, outside Town limits
/
County Attorney & Assistant
Building Dept.
Chief Building Official (080)
Engineering Dept , Development
Review, Drainage and Floodpglins
Engineering Dept, ,i Development
Review, Drainage and Facoitpleins
Dept, of Health and Environment
Dept, of Health and Environment
Natural Resources
..............____
Open Lands
Application Type(s)
Dev App
Cty ::Idg Permit App
Floodplain Permit, App
Other
INSTRIBUTION NOTES
t19,44,001,,' - 47/
Property OwnetrApplicant
7ri
NAME
Towr»Administrator Frank Lancaster figiiNalgtliiNIPP,gtecortil
1C0nenurtity Development Director Karon Ombra [Itie.grAfiggegteNcelg
zAS,
Carrie McCool
Greg Mahonon
Kevin Aph
'TEO
Jeannine Haag
Jennifer Pettus ittgLfLatigCLNI
.Erie Pried CLLEUNL@L:ffiekkgfPlg
Traci Shambo 5Li0t11ftiilt@S2JALUTIeLL.:Titlig
ggint „loges Cititgagegtfkkaftingsgosig
Edo Tracy
Ed St:herein
David Menzies .0Men.41,Pali0riatercosn
Igave Loofa
Ernst Strenfilu VA1,1.094,AI0,11 9L9i.
Tony Simons
A
NimikerlY ('ulp .L.Igittlifki,lettalLUtiggrg
It LETA
kneeler Emergency Telephone
ior ty )
Engineiering Brian Hehminiak LiglelineiggikeaLeggielSiCLUL
ssiessor's AOffice Loa Thierne 'LLEITeligkelLE111fatiggiTtill
Me an Rarity linggffgArkft/iNteLLIM.
Y// ierPx'7 iiif„,p/v7)/k
Gloria litice-Iff or
Dept of Trans, (C001)
Timothy Bliobran ,•tfektigtY.,,gilOO.LACLagNfteke.,PC.
All applications in EV, outside Town limits
A,11 new devaiopment in EV, QlJtSIdo Town limits,
l'inotuding variances
All new developmiNia and subdivisions in EV, outside
Town timils, inoteding variances
All deveopment in EV, outside Town limits along
iitivenistrearm corridors - x. managernent
coordination
0011 ,appl i cation s
e.g., flick Drive Water, Wonderview Condos., Chariot,
IiickLICas. etc
Alf applications in EV involving septic anatot wells
OlE apoLoatoni, cagy trail or openLip!iff polir 0113
All subdivisions (new lots} in EV tor Mate review
00 nakk subdivisions yonty
plats....-nol final concJO, anleTii;:i1;01;T111not
',subs - Dgtal. OK ,,rly
"Aft plats in EV (including hot not:TtetigeglgNCLkfAg,---
ameniked plats, pre, final, & suppi condoa)
WRAROPAV),,,,,,,17.,VSZP,MPY87/
All ripplicationti that involve direct omega to a CDOT
iNghictay and tall applications within 1.(4 facie of a
COOT tiighway
11)—
Date(s) Routed: ('''IPT .4,
3 N.,. ..._„A
(;)
1 of 2
()AN fl ES E AP
Community 1,:/eveRpment D041Eint
P(,) Box 1200 Estes Park, CO 80517
EliC2` 0 2 2
wt\i
Community Deyeboment De06rtMetit
PO Box 1200 Estes Park, CO 80517
1-12s 1 e r
LE/E42.2122:22iiii
Lf44.4 44. 4tltl,) 'tl '4.2244 4tl4i 444444,,
MACGREGOR MURIEL L CHARITABLE TRUST
mAri--;RFr-Nnp o N
.tltl 0,4 4tl
, 44. Itl"tl, tl tltl." tlitl (11 itltltltltl tltltltltltl tltltltltlitl tltltltltltl 1."
(4i%E5,1', 43'4
WHITMORE JANICE REVOCABLE TRUST
750 GRANITF I N
E TEE E.,
DEEI \I.E. R. PEE E 5 E S E
EE E CEP itlitlY.tl ,tltlL tltltltlitl rtl,
tltl tl I tl „ tl rtl tl tl tl ' tl,„ tl„ , tl„ tl
tOWN Clc '14,41
'ommunity DeveIopment Dr
PO Box 1200 Estes Park, CO80517
HAZEN BRADFORD D
A , An INAPArl D n
I 0 \ N 1
Community Development LTeptriatiet
PO Box 1200 - Estes Park,, CO 80517
E.71 E10 Eta- 2 3 es
HALL MARILYN KAY
186 LEES CREEK RD
ASHEVILLE, NC 28806
I IP 111111
r4141 4:„„ti.fa
C : b
T
CPTRAtt COM, &TM', VrD(0. THC riltS watry
,oraine Avenue. 1).0, Box 1707 .Estes Park, CO 80517 Phone (970) 586.-3356 www„eptrailcom. 1 (970) 586-9532
State or Colorado
lss
County of Larimer
PROOF OF PU
1. the undersigned Agent, do solemnly swear .that:
That Estes Park 'Frail Gazette is a newspaper of general
circulation and that said newspaper is printed and published
Wednesday and Friday each week except legal holidays,
2. Tliat the said Estes Park Trail Gazette has been established,
and has been printed. and published in the County of Larimer in
the state of Colorado, uninterruptedly and continuously for at
least 52 weeks.
3. 'That the said Estes Park Trail Gazette is a twice weekly
newspaper of general circulation. and it is published wholly in
the said County of Larimer, in which said County it is required
that said public notice .be published.
4. 'That the said Estes Park 'frail Gazette has been admitted to the
United States mail as second class matter under the provisions
of .the Act of Congress of March 3, 1879, and amendments
thereof,
5. That the said Estes Park frail Gazette is a twice weekly
newspaper duly qualified for the publication of said public
notice within the meaning of Colorado Revised Statutes Sections
101-105, Chapter 24, Article 70 of 1973.
6. That the said Estes Park Trail Ciazette is a twice weekly
newspaper duly qualified for the publication of the said public
notice, and that copies of said paper have been delivered by
carrier and transmitted through the mails to every subscriber in
accordance with the normal business operation of this office.
7. That the said annexed public notice, is a full, true and correct
copy of the original thereof, and that the same was published in
each of the regular and entire issue of said newspaper, 1 time for
1 week, by 1 insertion and that the publication of said public
notice in said newspaper was on the 7fh ey of October, 2016.
4-
Agent lOr Publisher
Subscribed in my presence and sworn to before me tilts1
(.)tOctober, 2016 in the County of Boulder, State of Colorado.
Notary Public
Fee- $28,02
Account ft 104507
Ad tt5681220
\14-1--ick
CATION
NOTIC'E
On Tuesdary, November 1, 20113 at 900 a.m, in the Board Room of the
Town Hall, 170 MacOr or Avenue, Estes Park, Colorado, the Estes
Valley Board of Adlestment will review a Variance request for the prop,
erty and purpose described below
1410.01121/2&01241110
Lot 10, Mount View Park, and the east portions of Metes & Bounds
Parcels 2, 3, & 4, immediately west of Lot 10, Mount View Park
519 Big Horn Drive
Harmony Foundation Variance
YABAllge., i11311221L
Variance from EV C Section 4,3, Table 4-2 whdch requires a min-
imum lot size of one acre in the E-1-Estate zone district, Request
to atiow proposed Lots 4A & 5A be sized 0.74 and 0,51 acres, re-
spectively, Prendergast Resubdivislon application to create pro-
posed Lots 4A & 54, runs concurrent with this variance application.
Owner, The Harmony Foundation„ Inc.
Applicant Celine LeBeau Van Horn Engineering & Surveying
Any person may appear at such hearing andlcomment on any mat
ter to tie considered, For more information pioase visit www.est-
es.orglcurrentapplIcations, or contact the Community Develop-
ment Department at planning@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.
Published: Estes Park 'Trall-Gazette Oct 7, 2010 - 5E01220
NOTICE
On Tuesday, November 1, 2016 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 10, Mount View Park, and the east portions of
west of Lot 1.0, Mount View Park
819 Big Horn Drive
Harmony Foundation Variance
„it:Inds Parcels 2, 3, & 4, immediately
Variance Request:
Variance from EVDC Section 4.3, Table 4-2 which requires a minimum lot size of one acre in the
E-1-Estate zone district. Request to allow proposed Lots 4A. & 5.A. be sized 0.74 and 0.51 acres,
respectively. Prendergast Resubdivision application to create proposed Lots 4A & 5A run
concurrent with this variance application.
Owner: The Harmony Foundation, Inc.
Applicant: Celine LeBeau - Van Horn Engineering & Surveying
Any person may appear at such hearing and comment on any matter to be considered. For more
information please visit . www.estes.orgicurrentapplications, or contact the Community
Development Department at planning( 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,
10/7/2016
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustrnent
November 1, 2016 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lunch, Vice -Chair Wayne Newsom, Members Pete Smith,
Jeff Moreau, Rex Poggenpohl
Attending: Members Lynch, Smith, Moreau, and Poggenpohl
Also Attending: Community Development Director Randy Hunt, Planner Audem
Gonzales, Recording Secretary Thompson
Absent: Member Newsom
Chair Lynch called the meeting to order at 9:00 a.m. There were three people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
Approval of minutes dated October 4, 2016.
It was moved and seconded (Smith/Moreau) to approve the minutes as presented
and the motion passed 4-0 with one absent.
3. METES & BOUNDS PARCEL; 3542 ASPEN VALLEY ROAD; YOU G RESIDENCE
VARIANCE
Planner Gonzales reviewed the staff report. This is a request for a variance from Estes
Valley Development Code (EVDC) Section 4.3, Table 4-2 which requires 50-foot setbacks
on all sides in the RE-1—Rural Estate zone district. The request is to allow a 21.8 foot front
setback for construction of a proposed attached garage. The existing dwelling was built in
the 1980s, is located near the south central part of the lot, and encroaches a small
amount into the setback. At the time it was built, it was in compliance with the zone district
standards.
Planner Gonzales stated the application was routed to all affected agencies and adjacent
property owners. A legal notice was published in the local newspaper. No significant
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
November 1, 2016
4
Comments included but were not limited to: the setbacks were 30 feet when the home
was built; the nearest neighbor is 600 feet away; disagreement with staff that the east
side was buildable; there is room on the west side; the existing garage could be expanded
to accommodate the concerns of the owner without having to do such a large addition;
concern that the addition may contain an area for accommodations; a detached garage
could be built on the level area in front of the house; the proposed encroachment would
be approximately nine feet into the setback if the previous 30-foot setback was still in
effect.
Public Comment
Steve Lane/applicant representative stated the roof of the proposed garage may slightly
impede on the second -floor windows, Attic space is planned for above the proposed
garage. For the size of the vehicles the property owner wants to store in the garage, and
being able to provide adequate access, the proposed location was the most practical. He
stated there is no visual impact to any adjacent property owners. The current property
owner tried to buy additional property to square off the lot, but they were unable to close
the deal. The existing garage will be incorporated into the new garage, and no additional
water service is planned.
Peggy Young/applicant stated the water storage tank is on east side, making construction
in that area not feasible.
Public comment closed.
Staff and Member Discussion
None
It was moved and seconded (Moreau/Smith) to approve the variance request, adding
a requirement for a registered land surveyor to submit a setback certificate prior to
pouring the foundation and the motion passed 4-0 with one absent.
4. LOT 10, MOUNT VIEW PARK, AND THE EAST PORTIONS OF METES & BOU1 IDS
PARCELS 2, 3, & 4, IMMEDIATELY WST OF LOT 10, MOUNT VIEW PARK: 819 BIG
HORN DRIVE; HARMONY FOUNDATION VARIANCE
Planner Gonzales reviewed the staff report. This is a request for a variance to EVDC
Section 4.3, table 4-2 to allow two newly -created lots to be 0.74 acres and 0.51 acres in
size, in lieu of the one -acre minimum lot size required in the E-1—Estate zone district. The
variance is the first part of a larger package that includes a Resubdivision and Annexation
into town limits. Planner Gonzales stated a portion of the subject area is in town limits,
and a portion is outside the town limits. The property was illegally subdivided many years
ago, and current owner wants to get the plat record cleaned up. The existing dwelling was
built over the illegal lots, and it also straddles the Town/County border. The
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
November 1, 2016
Resubdivision application proposes creating four legal lots from the illegal lots; however,
the new configuration would make proposed Lots 3 and 4 undersized for the E-1 zone
district. The existing illegal lots are across jurisdictional boundaries, and the proposed
new lots would clear up this issue. The proposed Lot 1 would change from an unbuildable
lot to a buildable one, which could create some new development.
Planner Gonzales stated the application was routed to all affected agencies and adjacent
property owners. A legal notice was published in the local newspaper. No significant
agency comments were received. No neighbor comments were received.
Staff Findings
1. Special circumstances or conditions exist:
Staff found there are currently six illegally subdivided parcels, and one
existing building straddles two parcels and also the Town/County
jurisdictional boundary. A proposed Resubdivision will create four legally
non -conforming lots, two of which will be undersized for the zone district,
which is the reason for the variance request. Staff found the current zone
district is not aligned with the size of the lots in this area, which poses some
difficulty with developing the sites,
2. In determining "practical difficulty":
a. Whether there can be any beneficial use of the property without the variance;
Staff found there are cross -jurisdictional boundaries in this area. Because the
existing Harmony Foundation building is located within two jurisdictions, making
repairs and maintenance extremely difficult. A non -conforming building may not
expand or be altered in a way that extends the non -conformity. Staff found it
impractical to continue in this situation.
b. Whether the variance is substantial;
Staff found the variance request is substantial, with proposed Lot 4
representing a 16% variance and proposed Lot 5 a 42% variance. The end
result of the two applications remedies several problems that the Board of
Adjustment should weigh into their decision: (1) illegal subdivisions are being
remedied by resubdividing and platting area; and (2) cross -jurisdictional
problems are being fixed with the Resubdivision and one lot is increasing in
size and moving towards conformance with the one -acre minimum lot size.
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 variance:
Staff found the single-family character of the neighborhood would not be
substantially altered. Granting the variance allows a complicated land use issue
to be resolved.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 6
November 1, 2016
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer;
Staff found approval of the variance would not have any effect on public
services such as water and sewer.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found the applicant purchased the property with the knowledge of lot size
and setbacks. This situation is very uncommon in the Estes Valley.
f. Whether the applicant's predicament can be mitigated through some method
other than a variance;
A Variance is the only method available to accomplish the proposed lot
arrangement. An alternative to remedy the multiple lot lines that cross the
Harmony Foundation building would be to grant several easements across the
parcels. However, if that method was chosen, the illegal non -conforming
parcels would remain as such.
3. No variance shall be granted if the submitted conditions or circumstances affecting
the Applicant's property are of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such conditions
or situations.
Staff found conditions of this application are very unique and are not common in
the Estes Valley. Rarely are there situations in which three parcel lines cross over
one building and two jurisdictions.
4. No variance shall be granted reducing the size of lots contained in an existing or
proposed subdivision if it will result in an increase in the number of lots beyond the
number otherwise permitted for the total subdivision, pursuant to the applicable
zone district regulations.
Staff found there are currently five legally non -conforming parcels subject to the
Resubdivision plat. The end result will be four legal lots. The Variance and
Resubdivision applications are decreasing the number of total lots.
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff found the variance will represent the least deviation from the Code.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
The variance does not propose a non -permitted or prohibited use.
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff is not recommending any conditions at this time.
Planner Gonzales stated staff recommended approval of the variance request.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
November 1, 2016
7
Staff and Member Discussion
Planner Gonzales stated following review of the Resubdivision's preliminary plat, there
are other structures that cross property lines. Easements will be required for these
structures to remain.
Member Poggenpohl stated there was a stairway that seemed to be located across two
property lines, one of which was a parcel not subject to the Resubdivision. He suggested
adding a condition of approval requesting removal of that staircase, as it appeared to be
non -essential. Director Hunt stated rather than make the removal of the staircase a
condition of the variance approval, it would be more appropriate for staff to pass the
suggestion on to any future boards hearing applications related to this property. For the
record, Member Poggenpohl found those issues and requested resolution during future
hearings regarding this property.
Public Comment
Joe Coop/applicant representative stated this has been a very difficult project. The
property was donated to the Harmony Foundation from the Kingstone Foundation, and
the issues were known at the time of purchase. The access and utility easement will
continue through the property, as it serves the property to the north.
It was moved and second (Poggenpohl/Moreau) to approve the variance request with
the findings and conditions as presented by staff and the motion passed 4-0 with
one absent.
5. REPORTS
Director Hunt reported training for Board of Adjustment members will be provided after the
first of the year. Member Poggenpohl stated he realized staff currently has a heavy
workload, and he was in favor of delaying the training opportunities.
There being no other business before the Board, the meeting adjourned at 9:50 a.m.
John Lynch, Chair
Karen Thompson, Recording Secretary
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