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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2006-12-05RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment December 5, 2006, 8:00 a.m. Board Room, Estes Park Town Hall Board: Attending: Also Attending: Absent: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Chair Dill, Members Lynch, Newsom and Sager, Alternate Member Grant Director Joseph, Planner Shirk, Town Clerk Williamson Member Levine, Recording Secretary Roederer Chair Dill called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the November 7, 2006 meeting. There being no changes or corrections, the minutes were approved as submitted. 2.METES & BOUNDS, 1740 HUMMINGBIRD LANE, Applicant: Richard and Mary Wilson — Variance request from Estes Valley Development Code Section 4.3, Table 4-2, to allow side-yard setbacks of 10 feet in lieu of the minimum 25-foot setbacks required in the E-1-Esfafezoning district. Planner Shirk reviewed the staff report. He stated this is a request to allow a 1,200-square- foot addition to an existing 555-square-foot cabin, as well as construction of a 280-square- foot deck and the relocation of an existing accessory building. The submitted building plans will need to verify compliance with the maximum height limit of thirty feet. In considering whether special circumstances exist, the Board should consider the following. The existing residence was located legally at the time it was built in 1935. With present setback requirements, the entire house is considered non-conforming. The lot at 0.27 acres, is significantly sub-sized for the E-1 zoning district, which has a minimum lot size of one acre. It more closely meets the requirements of the R-Residential zoning district, which has a minimum lot size of 0.25 acre. The 25-foot setbacks required in the E- 1 zoning district were created for lots with a minimum width of 100 feet. The applicant’s lot 18 f°l|3y1lve feet wide: th.e 25-foot side-yard setbacks overlap and it is impossible to build on this lot without a variance. The R zoning district requires a minimum lot width of sixty feet and side-yard setbacks of ten feet; these requirements are more applicable to the lot under consideration. The applicants request is to increase the square footage of the residence from 555 to 1,755—a 216% increase. It is the opinion of planning staff that the variance request is substantial. Neighborhood buildings range in size from 144 square feet to 1,630 square feet, with a median size of 946 square feet. It is staff’s opinion that the proposed addition is out of character for the neighborhood. Staff would support a variance to limit the overall total of building square footage on the lot to approximately 1,000 square feet; this includes square footage of outbuildings. Planner Shirk noted again it would be impossible to do any expansion to the residence, even a deck, without a variance. Planning staff suggests that a ten-foot setback is appropriate for the property, although the overall variance amount requested is too great for the neighborhood. Therefore, staff would move for a continuation of the request to allow the applicant to redesign the addition. I RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 December 5, 2006 This request was submitted to ali applicabie reviewing agency staff and to neighboring property owners for consideration and comment. No significant issues or concerns were expressed by reviewing agency staff relative to code compliance or to the provision of public services. Comments or inquiries were received from three neighbors. Lola Spicknall, 1219 High Drive, expressed no concern about the variance after being informed that the proposed addition would not affect her view. Greg and Jill Jameson, 1760 Hummingbird Lane, expressed opposition to the request because “the cabins are already too close to each other.” The Jamesons own the cabin to the immediate west of the Wilson’s. Darrell Franklin, 1731 High Drive, expressed concern about the scale of property and impact on property and property values. Public Comment: Paul Brown was present to represent the applicants. He stated in staff’s review of the median house size only a portion of the information acquired from the Larimer County assessor was utilized. Mr. Brown reviewed the square footage of the surrounding properties including all outbuildings, decks, and porches, and concluded the Wilson request is not out of character with the neighborhood. Amy PlummerA/an Horn Engineering stated a large majority of the properties are nonconforming due to the E-1 zoning of this neighborhood. If the property was appropriately zoned with 10-foot setbacks, the applicants would not need a variance for the proposed addition. Richard Wilson/Applicant commented the addition was designed with the character of the neighborhood in mind. He stated he was unaware of the zoning implications and believed the property was zoned incorrectly. Discussion followed: square footage of the addition is less important than the setback requirement: whether or not the applicant could connect to the sewer and if so, where; the status of the water supply; congestion on Hummingbird Lane. It was moved and seconded (Newsom/Lynch) to approve the variance request for the Metes and Bounds property located at 1740 Hummingbird Lane, to allow side-yard setbacks of 10 feet in lieu of the minimum 25-foot setbacks required, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent. CONDITIONS: 3. 1. 2. 3. 4. Full compliance with applicable building codes, approved site plan, and building plans. Prior to issuance of a building permit, the applicant shall comply with Upper Thompson Sanitation District requirements regarding acquisition of a sewer easement, and shall connect to the sewer or obtain approval from the Larimer County Health Department for the current septic system. Prior to issuance of a building permit, the applicant shall notify the Larimer County Health Department regarding abandonment of the existing septic system. Prior to pouring foundation, submittal of a setback certificate prepared by a reoistered land surveyor. REPORTS Director Joseph stated that the change of meeting start time for future Board of Adjustment meetings has been approved by the Town Board and County Commissioners. Beginning in January 2007, all Estes Valley Board of Adjustment meetings will begin at 9:00 a.m. a Planner Shirk advised the Board that the Planning Commission has had discussions regarding accessory dwellings and staff plans to discuss the issue with the Countv planning staff. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 December 5, 2006 4. ELECTION OF OFFICERS FOR 2007 It was moved and seconded (Newsom/Dill) to appoint Member Newsom Chair, effective beginning January 2007, and the motion passed unanimousiy with one absent. It was moved and seconded (Grant/Newsom) to appoint Member Lynch as Vice- Chair, effective beginning January 2007, and the motion passed unanimously with one absent. It was moved and seconded (Newsom/Sager) that the Community Development Department Administrative Assistant or designee be appointed as Recording Secretary for 2007, and the motion passed unanimousiy with one absent. There being no further business. Chair Dili adjourned the meeting at 9:20 a.m. JackTa Williamson, Town Clerk