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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2014-04-01 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 1, 2014 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lynch, Vice-Chair Jeff Moreau, Members Bob McCreery, Wayne Newsom, and Pete Smith; Alternate Member Chris Christian Attending: Chair Lynch, Members McCreery, Moreau and Newsom Also Attending: Senior Planner Shirk, Planner Kleisler, Recording Secretary Thompson Absent: Member Smith Member Lynch called the meeting to order at 9:00 a.m. There was a quorum in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were three people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the February 4, 2014 meeting. It was moved and seconded (McCreery/Newsom) to approve the Consent Agenda as presented and the motion passed 3-0, with one absent and Moreau not voting. 3. TRACT 61A OF THE AMENDED PLAT OF TRACTS 59, 61, 62 & 63, FALL RIVER ADDITION, 1350 Fall River Road Planner Kleisler reviewed the staff report. The applicant is Nick Kane, owner of Nicky’s Restaurant. The request is for variances from the following: 1) EVDC Section 6.3.C.2 which requires a variance for extensions of nonconforming structures; and 2) EVDC Section 7.6.E.1.a(2)(b) which requires all buildings and accessory structures be set back thirty (30) feet from the annual high-water mark of river corridors or, if not readily discernible, from the defined bank of the river. The applicant requests to complete structural repairs and raise the existing deck which was damaged in the September, 2013 flood. Planner Kleisler stated the applicant applied for a building permit to repair and raise the deck. Raising the deck would bring it level with an existing adjacent bridge and make it level with other existing deck areas. The applicant has been working with the Division of RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 April 1, 2014 Building Safety for permits and necessary floodplain documentation. The applicant requests to extend the deck slightly on the northeast corner to make it easier to raise it by the proposed fourteen (14) inches. Planner Kleisler stated the application was routed to affected agencies and adjacent property owners. No significant concerns relating to public services were expressed. The deck is located within the regulatory floodplain, with one pier located in Fall River. Staff determined the essential character of the neighborhood would not be substantially altered with the approval of this variance, and the variance was not substantial. Raising the deck would provide greater clearance during high water. He stated the applicant has worked with the Town’s Chief Building Official/Floodplain Manager to ensure compliance with floodplain regulations. Planner Kleisler stated the deck could be repaired within one year of the event, according to the nonconforming guidelines. However, the variance is required due to the river setback regulations. Floodplain Manager Will Birchfield has approved a temporary floodplain permit for the work, dependent on the variance approval. Public Comment Thomas Beck/applicant representative stated they are trying to repair the existing deck. The existing deck, being lower than the bridge, caught a lot of debris and caused backflow into the parking lot and adjacent properties downstream. The existing railing would be replaced to meet current building codes. He stated the small expansion is a matter of convenience for construction, so all the joists would be the same size. The original deck was built after the Lawn Lake Flood in 1982. This was prior to the river setback requirement of thirty feet, which was adopted in 2000. Warren Clinton/Town resident stated he owns property immediately west of Nicky’s. Mr. Clinton stated there is a sewer line extending above the river that also caught a lot of flood debris. Several large trees cleared the sewer line and the bottom of the deck, but one was caught under the deck. He was supportive of the variance request. Will Birchfield, Chief building Official and Town Floodplain Manager stated staff supported raising the deck, and it would be a definite improvement. Member and Staff Discussion Planner Kleisler stated staff recommended approval of the two variance requests with conditions listed below. Conditions 1. Compliance with the approved site plan; and 2. Note the high water marks from the 2013 flood on the building permit submittal for the deck remodel. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 1, 2014 It was moved and seconded (Newsom/Moreau) to approve the variance requests with the findings and conditions recommended by staff and the motion passed unanimously with one absent. 4. REPORTS a. Planner Kleisler reported there will be a meeting in May to review variance requests for a residence at 1337 Clara Drive, and the Estes Park Transit Facility & Parking Structure. b. Planner Kleisler introduced Wesley Reichardt, the new full-time code compliance officer. Mr. Reichardt is a long-time Estes Park resident and looks forward to the new position. c. Member McCreery reported his term on the Board expires June 30, 2014, and he will not be seeking reappointment. He has served on the Board for several years and it has been a rewarding experience. There being no other business before Board, the meeting was adjourned at 9:23 a.m. ___________________________________ John Lynch, Chair __________________________________ Karen Thompson, Recording Secretary