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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2012-05-01 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 1, 2012, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lynch, Members Pete Smith, Bob McCreery, Wayne Newsom, Jeff Moreau Attending: Chair Lynch, Smith, McCreery, Newsom, Moreau Also Attending: Planner Shirk, Recording Secretary Thompson Absent: None Chair Lynch called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were five people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the January 10, 2012 meeting. It was moved and seconded (McCreery/Moreau) to approve the Consent Agenda as presented and the motion passed unanimously. 3. LOT 3, NORTH PLATTE RESUBDIVISION, 2130 UPPER HIGH DRIVE Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3, Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a side yard setback of 9.2 feet in lieu of the 25-foot setback required in the E-1– Estate zone district. The property owner desires to remove, replace, and expand an existing deck. The lot is undersized for the zone district, and the home and deck were built prior to the requirements of setback. Planner Shirk explained the nearest structure is 125 feet away, and the intent of setback regulations would still be met. The application was submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed. Planner Shirk received one phone call from a neighboring property owner, who supported the variance after receiving additional information. Public Comment Steve Lindberg/applicant stated the property owner desired to expand the deck about two feet to the south. The variance is requested for the east side, and the deck boundary on that side will not be changed. Staff and Board Discussion Member Newsom stated he would support the variance request as there would be no adverse affect on the neighboring properties. Conditions 1. Compliance with the site plan, as approved by the Estes Valley Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (Newsom/ Moreau) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 1, 2012 4. LOT 26, CARRIAGE HILLS 7TH FILING, 1930 N SHARON COURT Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3, Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a rear yard setback of 12-feet in lieu of the 15-foot setback required in the R-Residential zone district. Planner Shirk stated building on this particular lot in Carriage Hills is difficult. Due to the triangular shape of the lot, the house was built towards the rear of the lot. There is dedicated open space that adjoins the rear property line, and the nearest neighbor to the rear is greater than 300 feet away. The application was submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed. The two adjoining neighbors provided letters of support. Planner Shirk stated the property is not included in the municipal sub-district of the Northern Colorado Water Conservancy District, which would need to be addressed as a condition of approval. Public Comment Lyle Zimmerman/applicant was in attendance to answer any questions from the Board. Staff and Board Discussion None. Conditions 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Prior to issuance of a building permit, applicant shall apply for inclusion in the Municipal sub-district of the Northern Colorado Water Conservancy District. This should be coordinated through the Water Department. 3. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (McCreery/Smith) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously. 5. METES & BOUNDS PARCEL, AKA TRACT 2, HYLAND EXEMPTION, 918 CHRISTMAS TREE LANE Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3, Table 4-2 “Base Density and Dimensional Standards” of the EVDC to allow a rear yard setback of 10-foot in lieu of the 50-foot setback required in the RE–Rural Estate zone district. The purpose of the variance request is to allow a detached 1,100 square foot detached garage. The lot is an 18-acre parcel, with the south side being very steep. The location would have no impact on the neighborhood, and the intent of setback standards would not be compromised. Planner Shirk explained the south property line is adjacent to Cheley Camp, and the nearest buildings are at least 1,000 feet away. The application was submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed. No neighbor concerns were received by staff. Staff recommended approval with two conditions. Public Comment Bill Miller/applicant was in attendance to answer any questions from the Board. Staff and Board Discussion Member Moreau would have appreciated more detail on the plans, specifically where the proposed garage would be positioned on the lot. Mr. Miller stated the face of the garage would face the vehicle turn-around. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 May 1, 2012 Conditions 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (Smith/Newsom) to approval the variance request with the findings and conditions recommended by staff and the motion passed unanimously. 6. REPORTS Planner Shirk asked for feedback from the Board about the recent smaller size of site plans. Member Newsom stated that aerial photos are helpful. Member Lynch stated that variance signs at the site need to be visible, and staking of the proposed area was also important. Member Moreau would appreciate more details on the plans, as stated in his comments on the Christmas Tree Lane application. This would give the Board a better indication as to where the existing property line is and how the variance would impact the lot and the neighboring lots. There being no further business, Chair Lynch adjourned the meeting at 9:25 a.m. ___________________________________ John Lynch, Chair ___________________________________ Karen Thompson, Recording Secretary