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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2010-02-02 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 2, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair McCreery, Members Sager and Levine Also Attending: Planner Alison Chilcott and Recording Secretary Thompson Absent: Members Newsom and Lynch, Director Joseph, Planner Shirk Chair McCreery called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated December 1, 2009 It was moved and seconded (Levine/Sager) to APPROVE the minutes as presented, and the motion passed unanimously with two absent. 3. LOT 6, BLOCK 2, PARK ENTRANCE ESTATES, 530 Heinz Parkway, Owner: Scott and Michelle Spreen, Applicant: Andy Human – Request for variance from Estes Valley Development Code §4.3, Table 4-2, which requires a 25-foot minimum building setback from the rear property line in the E-1 Estate zone district. Request is to allow encroachment into the minimum setback for construction of a proposed detached garage. Planner Chilcott reviewed the staff report. The property is located at 530 Heinz Parkway within the Town limits. The applicant is Andy Human, and the property owners are Scott and Michelle Spreen. The owners are requesting a variance to the 25-foot setback in the E-1 Estate zone district to construct a two-car garage approximately five (5) feet from the rear property line. The property has one existing one-car garage. Planner Chilcott stated that staff reviewed the variance request for compliance with Estes Valley Development Code (EVDC) §3.6.C, which includes evaluating whether or not special circumstances and practical difficulty exist in complying with the code standards from which a variance is requested. Staff finds that special circumstances exist and practical difficulty may result from strict compliance with Code standards. The special circumstance involves the topography of the site, which is very steep with a 25-45% slope and many rocks and trees. Staff determined the proposed location of the garage is the best location on the lot for an additional garage, as this is already a paved area with an existing slope cut. Planner Chilcott stated the essential character of the neighborhood would not be substantially altered with this project. The proposed garage would not be visible from any off-site locations. This request was submitted to reviewing agency staff and adjacent property owners for consideration and comment. Staff received no negative comments from reviewing agencies, and one adjacent property owner inquiry. Staff recommends approval of the variance request to allow the construction of a garage approximately five (5) feet from the property line, in lieu of the 25-foot minimum setback requirement from rear property lines in the E-1 Estate zone district, with two recommended conditions. The first condition would be compliance with the site plan and building design, as approved by the Board of Adjustment; the second would require a setback certificate. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 February 2, 2010 Public Comment: Applicant Andy Human stated the total height would be approximately 13.5 feet, which is under the 30-foot height limit. The layout of the site plan would not require any more cutting or filling of the slope. Member Levine stated that from photos, it would appear the adjacent property would be impacted by this project. After visiting the site, the slope is so steep that the proposed site cannot be seen from the adjacent property. It was moved and seconded (Levine/Sager) to APPROVE the request for a variance from EVDC §4.3, Table 4-2 to allow a rear yard setback of 5 feet in lieu of the 25-foot setback requirement in the E-1 Estate zone district, with the findings and conditions recommended by staff and the motion passed unanimously with two absent. 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. 4. REPORTS Staff has received three requests for minor modifications. These will be staff-level reviews involving less than 10% encroachment into the setbacks. There being no further business, Chair McCreery adjourned the meeting at 9:20 a.m. ___________________________________ Bob McCreery, Chair ___________________________________ Karen Thompson, Recording Secretary