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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2011-05-03 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 3, 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 April 5, 2011 meeting. It was moved and seconded (McCreery/Smith) to approve the minutes as presented and the motion passed unanimously. 3. TBD MOON TRAILWAY, LITTLE VALLEY 2ND FILING Planner Shirk reviewed the staff report. The applicant has requested a variance to Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development Code to allow a front yard setback of 30-feet in lieu of the 50-foot setback required and a side yard setback of 25-feet in lieu of the 50-foot setback required. The purpose of the variance request was to build a new detached single-family residence. The property is zone RE– Rural Estate. This lot is sub-sized for the zone district. Planner Shirk stated staff finds that special circumstances exist. The lot has a triangular building area if all setbacks are applied. The eastern portion of this triangle contains a drainage swale. Planner Shirk stated because the nearest structure is over 100-feet away, granting the variances would not violate the intent of the code for adequate building separation. Planner Shirk recommended the impact on the neighborhood would be minimal. Staff did not analyze the proposed building size with those in the nearby neighborhood. Planner Shirk stated the request was submitted to reviewing agency staff for consideration and comment. No significant concerns were expressed. The closest neighbor to the property commented in support of the variance request, and the Little Valley Owners Association was also supportive of the request. Planner Shirk stated a property owner downhill from the applicant’s property was concerned about erosion. Based on this, the Larimer County Engineering Department recommended an erosion control plan be submitted with the building permit application. Another property owner expressed concern about the amount of potential construction activity. Staff recommends approval of the requested variance, with three recommended conditions of approval. Staff and Board Discussion There was a brief discussion about the proposed driveway. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 3, 2011 Public Comment Celine LeBeau/Van Horn Engineering clarified that an erosion control plan would be included with the building permit application. She stated the proposed dwelling would be on a portion of the lot with fewer trees than other areas of the lot, which would help with limits of disturbance. 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. 3. Prior to issuance of a building permit: a. The builder shall meet with the Light and Power Department to discuss electrical connection. b. A detailed grading and erosion control plan shall be approved by the Larimer County Engineering Department. It was moved and seconded (Lynch/Smith) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously. 4. REPORTS Planner Shirk reported the Creative Sign Design Review Board would be meeting to hear a request for a temporary banner time extension at Claire’s Restaurant due to the Bond Park renovation. Planner Shirk reported an item previously on the agenda was withdrawn by staff. The request was a challenge to staff’s interpretation of the EVDC 6.1.C - Alteration of Non- conforming Uses and Structures. There being no further business, Chair Newsom adjourned the meeting at 9:17 a.m. ___________________________________ Wayne Newsom, Chair ___________________________________ Karen Thompson, Recording Secretary