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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2017-10-03RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 3, 2017 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Senior Planner Jeff Woeber, Recording Secretary Thompson Absent: None Chair Newsom called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. Director Hunt introduced Senior Planner Jeff Woeber. He stated Planners Becker and Gonzales are in Telluride this week at the Colorado American Planning Association conference. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. AGENDA APPROVAL It was moved and seconded (Poggenpohl/Smith) to approved the agenda as presented and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated September 12, 2017 It was moved and seconded (Smith/Poggenpohl) to approve the minutes as presented and the motion passed 4-0 with Member Moreau abstaining. 4. PORTION OF LOT 41, GRAND ESTATES; 521 GRAND ESTATES DRIVE Director Hunt reviewed the staff report. He stated the request is to allow a 16-foot setback in lieu of the 25-foot setback requirement in the E-1–Estate zone district. The applicants, Jim and Eunice Docter, propose a 12-foot garage extension. The existing dwelling already extends eight feet into the east side setback, which was the result of a boundary line adjustment several years ago. A legal notice was published in the local newspaper. The application was routed to affected agencies and adjacent property owners. No significant comments were received. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 October 3, 2017 Director Hunt reviewed the criteria for variances and the specific staff findings. These can be viewed in the staff report. He noted one mathematical error in the staff report regarding the percentage of variance, as follows: In determining whether the variance is substantial, the percentage of variance from the code should be 36%, not 64%. Staff is recommending approval with no conditions of approval. Staff and Member Discussion Member Poggenpohl stated the home was built prior to the adoption of the EVDC. At 0.9 acre, the lot size is currently nonconforming. There was brief discussion regarding how nonconforming lot sizes could be handled in the future, and how the boundary line was adjusted several years ago, which placed the dwelling in the setback. Public Comment Jim Docter/applicant stated the boundary line adjustment was prior to 2000. He stated the addition to the garage would be in line with the existing dwelling on the east side, and would make room behind the garage to create a master suite. Public comment closed. It was moved and seconded (Moreau/Poggenpohl) to approve the variance request according to findings of fact and the motion passed unanimously. 5. LOT 35, GRAND ESTATES; 507 GRAND ESTATES DRIVE Director Hunt reviewed the staff report. He stated this was a request for a variance from CO–Commercial Outlying to RM–Residential Multi-Family. The zoning and lot size allows 16 units on the parcel. Standard multi-family zoning allows for eight units/acre, but when the planned units qualify for attainable or workforce housing, the density bonus is increased to a maximum of 16 units. The units would require deed restrictions for at least 50 years, indicating the attainable/workforce status. Director Hunt stated if the developer wants to take advantage of the attainable/workforce housing density bonus, all of the units will be required to have the attainable/workforce housing status. Early in the review process, staff informed the applicant that a variance could not be granted due to financial hardship. Director Hunt stated alternative designs were possible, as were the type of real estate ownership (townhomes versus condominiums), which would allow the buildings to be closer to each other than what the current plan requires. He clarified the number of parking spaces required is related to the number of housing units planned. Applicant and Member Discussion Trevor Kropp/applicant stated the buildings would be constructed as four-plexes, and not sold as individual units. He stated there would be a Home Owner’s Association, but was unsure how it would operate. Jes Reetz/project engineer stated the plans meet the parking requirement per the EVDC. Member comments included, but were not limited to: concern about the number of parking spaces; no need for a variance if the plan did not include a subdivision of the property into RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 October 3, 2017 four lots; concern regarding increase in traffic at Grand Estates Drive and Big Thompson Avenue. Director Hunt stated additional parts of the approval process for this development would be a townhome subdivision process and a development plan, and the proposed lot lines create added difficulty with the project. He stated there may be some confusion as to the code interpretation regarding the density bonus. There was discussion regarding the recent code amendment regarding workforce housing and the operation of the HOA. Public Comment Jane Rutledge/town resident was concerned about the units being purchased as second homes. She also had concerns regarding the HOA. Jes Reetz/project engineer stated the proposed development would have eight market rate units and eight workforce-housing units. Each would be approximately 960 square feet. He explained the process for obtaining financing for workforce housing. It was moved and seconded (Lynch/Smith) to deny the variance request and the motion passed 4-1 with Member Moreau voting against the denial. 6. REPORTS 1. Director Hunt welcomed Senior Planner Woeber, who comes to Estes Park from Pueblo County and has many years of experience as a Planner. Planner McCool will still be working with the department, mainly on the Stanley Hotel projects. 2. Director Hunt stated Safeway has leased a portion of the Stanley Hotel’s Lot 4 for construction staging for their addition. Safeway will be required to restore the area once the project is complete. 3. There was brief discussion regarding the fee for variance applications. There being no other business before the Board, the meeting adjourned at 10:20 a.m. ___________________________________ Wayne Newsom, Chair __________________________________ Karen Thompson, Recording Secretary