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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2011-04-05 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 5, 2011, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck Levine, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair Newsom, Members McCreery, Lynch, Levine, Smith Also Attending: Planner Shirk, and Recording Secretary Thompson Absent: None Chair Newsom 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. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the March 1, 2011 meeting. It was moved and seconded (Smith/Lynch) to approve the minutes as presented and the motion passed unanimously. 3. LOT 1, SUNDANCE MOUNTAIN SUBDIVISION, 1531 Fish Hatchery Road Planner Shirk reviewed the staff report. The applicant has requested a variance to EVDC Section 4.3, Table 4-5 “Base Density and Dimensional Standards,” to allow a front yard setback of 12-feet in lieu of the 15-foot setback required, and to allow a river setback of 30-feet in lieu of the 50-foot setback required. The purpose of the variance request is to allow an addition to an existing structure. The property is zoned A-1–Accommodations. The applicant owns the undeveloped lot to the east. This lot, also part of the Sundance Mountain Subdivision, is subject to a conservation easement held by the Estes Valley Land Trust. This conservation easement prohibits construction of any buildings; this means that only one dwelling (the existing one) will be built on these two lots. The applicant submitted a copy of the recorded easement to Planning Division staff, which was forwarded to the Estes Valley Land Trust for opportunity to comment. This request was submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Upper Thompson Sanitation District submitted a memo outlining four comments. Prime among these was “the existing deck and hot tub are encroaching in the District’s sewer line easement and will need to be relocated out of the easement.” Staff recommends a condition of approval be removal of these encroachments prior to final inspection. The building permit plans should address this. Planner Shirk stated in March of 2010, the Town Board adopted the new wildlife habitat protection standards, which determine when a wildlife assessment plan is necessary. Because this property is located on a river corridor, and the property owner desires to reduce the river setback, the applicant retained the services of a wildlife biologist to conduct a wildlife impact assessment. This assessment was done by Chris Roe with Roe Ecological Services; Mr. Roe has experience with wildlife assessments in the Estes Park area. Mr. Roe’s assessment found that he believes the proposal will not have “ . . . any significant long-term wildlife impact. . . (page 2 of the report).” RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 April 5, 2011 Planner Shirk stated two adjacent property owners contact the Community Development department with questions about the variance request. Their questions were answered to their satisfaction, and any concerns were eliminated. Planner Shirk stated there was a non-conforming accessory structure encroaching into the setback near Fish Hatchery Road. Planning Division Staff recommends a condition of approval be the correction of this code violation prior to issuance of a building permit for the proposed addition. Also, Staff recommends a condition of approval be that all exterior lighting, including existing, be code compliant with the new addition. This would require replacement of existing exterior lights. This would help offset the additional impact of the new addition being located closer to the river, and property across the river, than would typically be allowed. Lighting can also be directly related to wildlife standards. The property owner desires to amend the building envelope for the existing dwelling, but needed to apply for and receive the requested variance prior to that next step. The Town Board of Trustees would be the decision-making body on the amended building envelope. Staff recommended approval of the variance, with five (5) conditions of approval, listed below. Staff and Board Discussion There was discussion concerning the adjacent conservation easement and the proposed building envelope. Planner Shirk explained the EVDC required either a building envelope or a limits of disturbance area when the plat was approved. In this case, a building envelope was created. He stated the size of the dwelling complies with the EVDC for floor area ratio in the A-1 zone district. The new addition will be farther away from the river than the existing structure. Member Lynch was concerned about the dwelling being in the flood plain. Planner Shirk stated the building permit review process would address any flood plain issues. Public Comment Mike Todd/Cornerstone Engineering stated the flood plain was verified by his company. It was determined that the proposed addition is adequately outside of the flood plain. Jeff Moreau/Applicant stated the property owner wants to make better use of the property. With the variance approval, approximately 1000 square feet would be added to the existing dwelling, and would include a garage. To stay as far away from the river as possible, he proposed encroaching more into the setback that was closer to the road. Mr. Moreau stated the property owner had reviewed and agreed to the conditions of approval. 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, the platted building envelope shall be amended by the Town Board and the plat shall be submitted for recording; 3. Prior to final inspection; a. The accessory structure near Fish Hatchery Road shall be relocated to comply with setback requirements; b. The existing deck and hot tub that encroach in the Upper Thompson Sanitation district’s sewer line easement shall be relocated out of the easement; c. The building permit application shall include details outlining how this will be accomplished. 4. 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. 5. All exterior lighting, including existing, shall comply with Section 7.9 of the Estes Valley Development Code. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 5, 2011 It was moved and seconded (Levine/McCreery) to approve the variance request for Lot 1, Sundance Mountain Subdivision, with the findings and conditions recommended by staff and the motion passed unanimously. 4. REPORTS Planner Shirk reported the Creative Sign Design Review Board met for the first time on March 1, and approved a height variance for the Rocky Mountain Park Inn. This newly established Sign Board will be the decision-making body for sign variances, and will also hear applications for the Creative Sign Program. An application will be heard in May for “Claire’s” restaurant. Planner Shirk reported that on April 12, 2011, the Town Board would consider a moratorium on directly illuminated signs larger than ten square feet in size. This would give staff time to reevaluate the time period that variable message signs would be allowed to change, and to reevaluate the maximum size allowed. The proposed moratorium would extend through the 2011 summer season. Planner Shirk stated there would be two items on the agenda for the May meeting of the Estes Valley Board of Adjustment. Planner Shirk reported the staff report has been somewhat reduced by listing the standards of review as a separate document that will become a permanent document in the Member’s notebooks. In an effort to reduce the use of paper, Member McCreery requested smaller copies of plats, elevation plans, etc. that are typically provided in the Board packets on large format paper. It was decided by staff and Board members for staff to determine which size would best serve their needs, with an effort to keep paper use down as much as possible. Member Levine reported that former Board member Cliff Dill was having serious health issues and was in the hospital in Loveland. There being no further business, Chair Newsom adjourned the meeting at 9:42 a.m. ___________________________________ Wayne Newsom, Chair ___________________________________ Karen Thompson, Recording Secretary