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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2006-05-02RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 2, 2006, 8:00 a.m. Board Room, Estes Park Town Hall Board: Attending: Aiso Attending: Absent: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Jeff Barker Vice-Chair Levine, Members Lynch, Newsom, and Sager Director Joseph, Planner Chilcott, Town Clerk Williamson Chair Dill, Alternate Member Barker, Recording Secretary Roederer Vice-Chair Levine 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 March 7, 2006 meeting. It was moved and seconded (Newsom/Lynch) that the Consent Agenda be approved, and the motion passed unanimously with one absent. 2. LOT 3. MARY’S LAKE SUBDIVISION. 2625 Mary’s Lake Road, Applicant: Don Debev — Variance request from Estes Valley Development Code Section 4.4, Table 4-5. to allow the decks of Units 10A and 10B to be located 0.4 feet from the property line, to allow the decks of Units 11A and 11B to be located 8.4 feet from the property line, and to allow the decks of Units 12A and 12B to be located 13 feet from the property line in lieu of the 15-foot side-yard setbacks required in the A-Accommodations zoning district Planner Chilcott reviewed the staff report. She stated this is a request to allow the building and deck/patio on Units 10A and 10B to be iocated 0.4 feet from the side property iine, to aiiow the deck/patio on Units 11A and 11B to be located 8.4 feet from the side property line, and to allow the deck/patio on Units 12A and 12B to be located 13 feet from the side property line. If approved these variances would allow the unit owner to improve views from the units and would provide more options for redesign of the proposed parking iot immediately to the west of these units. There are special circumstances associated with this lot in that Units 10A through 12B border a narrow, non-buiidabie section of the adjacent lot (Lot 3B, Mary’s Lake Replat) that is dedicated as a utility, slope and drainage easement. These two lots, along with Lot 3A of the Mary’s Lake Replat, function as one iot in terms of site design though Lot 3 is governed by a separate condominium unit owners association than Lots 3A and 3B. If the Mary’s Lake Lodge Unit Owners’ Association (Lot 3) and MLL-2 Association (Lots 3A & 3B) eventualiy merge, the shared lot lines could be vacated and the proposed units would comply with the minimum required setback; however this requires 100% approval of the unit owners. Currentiy 100% approval cannot be obtained. The essentiai character of the neighborhood wiii not be substantialiy altered and that adjoining properties wiii not suffer a substantial detriment as a result of the variance. The Mary’s Lake Lodge Owners’ Association president has submitted a letter stating the Board supports the variance. The owners of 2800 Kiowa Trail are also supportive of the variance. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 2, 2006 Th-SuueC|UeSt Was submitted to al1 applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Town of Estes Park Public Works Department, Town Attorney White Upper Thompson Sanitation District, Mary’s Lake Lodge Unit Owners’ Association President, and Joe and Debbi Ford. Public Comment: ?n°An aDneHb?n'D0Wn!i;0f M5ry’S Lake Lod9e and Lo,s 3A and 3B, stated moving Unit acreSbiiiNBt0ntheh ^°k-d Tfr ,hf duildin9 eievation by 2 feet, enhance the®units accessibi ity to the parking lot and the trail to the pool area, widen the fire lane increase the decks for the units, and allows views of the buildings to the southeast to thlTnr nrap5rty adiacent ,0 ,he units is non-buiidabie Mr Deberdanfied “nnas 100«/ oHhe0' D;reCt0re iS ,0 COmbine the 3 lots and therefore the HOAs as soon as 100 /0 of the unit owner approval can be obtained Currentiv there arp a Lnevi.ne f a.ted ,his rec,uest allows a ethJCture to abut a property iine He encroach)intoethen^etbackeVe*OPment P'anS aPProVed and Pnly tha decks8 wS du?toeicSsoverSeSements^on ttetots an^th^lo^s'f16 °tVera" ’T,eanin9,0 the Site the separate HDAc; qkq * r function as one lot except forsupportedathi^requesfto bui^SUf^to°tt^e propeity^iin^ 's^^e?t^" 'he BOard circumstance. H p pert^ ne' She s^a^ed this is a special fo"LoStrMaUnUkeC|:bdtSrr/.fa9er) t0 approva tha -dance request 10A and Ebe Seated o l feet frlThthe bUildin9 and the decks ef Unite 11A and 11B to be located tee, P’'0perty line' *ha decks of Units Units 12A and 12B to be located thirteen tet Prope.l[!y llne’ and lhe decks of the fifteen-foot side-yard setbactfreo^irerf pr?perty line in lieu of recommended by staff, and the motion naccln 'th the f,nd,n9s and conditions CONDITIONS: h mot,on passed unammously with one absent. Grebgms!eveirs'4ern'5! 2006PmemomOnS'ratin9 Compliance wi,h ,he comments in 2' encm^ch0f 'he SeC,i°n °f eaSement in'd which the decks/patios would forms. After th^footin^^ar^set anyprioTto Doutakefhf°fthe h^'d'09 foundation shall verify compliance with the variance anri"”9 h-!i foundatlon. <he surveyor Setback certificates shall also be submitted for the decteand lavZ0" CertifiCa,e- 3. reports None. There being no further business, Vice-Chair Levine adjourned the meeting at 8:45 a.m. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment May 2, 2006 luck Levine, Vice-Chair Tdiwn Clerk Williamson