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HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 2024-12-03Town of Estes Park, Larimer County, Colorado, December 3, 2024 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of Estes Park on December 3, 2024. Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Member Holtzman, Senior Planner Paul Hornbeck, Planner Kara Washam, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund Absent: None; Holzman attended virtually via Google Meet. Chair Moreau called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Moreau/Newsom) to approve the Consent Agenda. The motion passed 3-0. PUBLIC COMMENT: none ACTION ITEMS: 1. Variance to the Minimum Lot Size 610 Lone Pine Dr. Planner Washam The Applicant requests approval of a variance to the minimum lot size of 27,000 square feet, which is required for duplex developments on one lot in the R-2 (Two- Family Residential) Zone District. The Applicant intends to finish the walk-out lower level of the existing residence as a stacked duplex to use as a long-term rental unit. The proposed development will require no additional build-out of the residence, but an additional driveway is proposed. Staff recommended approval of the request. DISCUSSION: none It was moved and seconded (Moreau/Holtzman) to approve the variance request to the minimum lot size of 27,000 square feet required for duplex developments on one lot in the R-2 (Two-Family Residential) Zone District with findings as outlined in the staff report. The motion passed 3-0. 2. Variance for Attainable/Workforce Housing Deed Restriction 650 Halbach Ln Planner Washam The first requested variance would increase the maximum housing costs to income requirement from 40% to 50%. The existing requirement states housing costs (typically consisting of rent/mortgage & utility expenses) should not exceed 40% of that household's income. The Applicant has indicated that this provision is an undue burden on his ability to sell the home, given that housing costs have significantly increased since the Town's attainable housing requirements were initially adopted. However, increasing the maximum allowance to 50% would open the sale of the home to a larger pool of qualified buyers based on research provided to the Applicant by local lenders. The second requested variance would reduce the term of the deed restriction from 50 years to 20 years. The term was initially 20 years when the Mangelsen subdivision was approved but was increased to 50 years in 2017. The Applicant has indicated that a 50-year term would be an undue burden as the other homes in this subdivision were only restricted for 20 years, with those restrictions ending next year. Imposing a 50-year term on this home would become an outlier within Board of Adjustment, December 3, 2024 – Page 2 this subdivision and be inconsistent with the previous 20-year terms placed on the other homes. As part of this application for a variance, the Applicant is also requesting the removal of three provisions in the Town's standard deed restriction for the subject property. These provisions include rental restriction, household income classification and maximum sales price. Staff recommended approval of the proposed variance and associated appeals. DISCUSSION: Habitat sold this lot in 2016 and did not put a deed restriction on it because they never built on it. The deed restriction is different from the zoning restriction. Town Attorney Kramer reminded the Board that the application is a variance and should be reviewed under variance criteria. The variance for renting this home will need provisions added to the deed restriction to ensure anyone who rents the home qualifies. The Code specifies the income restrictions but does not have all the procedures laid out. Based on the buyer's debt-to-income ratio, a maximum sale price would still be established Moreau requested that the Planning Division review the building permit application so this mistake is not repeated. Applicant/Owner Maurice Scraggs, 652 Halbach, stated that this process has been financially and personally difficult, causing great hardship. While he feels the process is unfair, he is willing to work with the Town to get it straightened out. Alix Lasalle, 1237 Timber Mountain Lane, attorney/broker, assisted the prospective buyer of this house. Her research found the title to be "free of all restrictions except for those of record." The Town failed to notify the owner of the zoning restriction. He purchased the property in good faith, and an after-market restriction was required, which has led to an unfair result. Moreau asked Attorney Kramer if there was a means for the Board to vote on a variance to remove all restrictions. Kramer answered that they only had the ability to grant the variance in front of them. Amending the current request was not an option. Nothing is written into the subdivision to indicate a restriction on the property: The deed restriction is written as a condition of approval on the rezoning. It is there but wouldn't necessarily show up in the title work. The owner, Attorney and Board discussed submitting an additional application to update or remove some or all restrictions. At the Applicant's request, it was moved and seconded (Moreau/Holtzman) to continue the variance request to the January 7, 2025 meeting, giving the applicant time to revise his application. The motion passed 3-0. REPORTS: none With no further business, Chair Moreau adjourned the meeting at 9:45 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary