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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2005-09-13RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment September 13, 2005, 8:00 a.m. Board Room, Estes Park Town Hall Board:Chair Al Sager; Members Cliff Dill, Chuck Levine, and Wayne Newsom; Alternate Member Jeff Barker; one vacancy Attending: Chair Sager; Members Dill, Levine, and Newsom; Alternate Barker Also Attending: Director Joseph, Planner Shirk, Recording Secretary Roederer Absent:None; one vacancy Chair Sager called the meeting to order at 8:02 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the August 2, 2005 meeting. b. The minutes of the August 9, 2005 special meeting. 2. METES AND BOUNDS. 3965 Little Valiev Road. Applicant: Michael Bryant — Variance Request from Section 4. Table 4-2. of the Estes Valley Development Code, requiring a minimum fiftv-foot side-yard setback in the RE - Rural Estate zoning district Planner Shirk summarized the staff report. He stated that this is a request for a variance to Section 4, Table 4-2, of the Estes Valley Development Code to allow a forty-foot side-yard setback in the RE-Rural Estate zoning district for construction of a new deck. The proposed deck would be five-feet wide by twenty-three-feet long. Although the lot is slightly sub-sized for the RE zoning district, being two acres instead of the minimum lot size of 2.5 acres, it meets the minimum lot-width requirement of the RE district. The lot width is the pertinent dimensional standard for side-yard setback requests. The home was built in 1952, prior to the implementation of setback requirements, and the northwest corner of house is approximately forty- three feet from the property line, based on a site plan prepared by Van Horn Engineering and Surveying. At the time the applicant purchased the Pr0P®l^y ^ 1990 the zoning was E-Estate, which also required side-yard setbacks of fifty feet. Planner Shirk stated the building on the adjoining lot that would be nearest to the deck is a storage shed located more than 100 feet away; therefore, the intent of the fifty-foot setbacks would be met. The essential character of the neighborhood would not be substantially altered. The home has a sliding-glass door opening onto the area where the deck is proposed. Staff consulted with Chuck Harris of the Larimer Cou"ty Department and determined the building code requires stair landings and stairs to be at least 36-inches wide. It is the opinion of planning staff that a three-foot-wide de is not functional; staff supports the requested five-foot-wide deck. The request was submitted to all applicable reviewing agency staff and to adjacent property owners for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. The variance would not adversely affect the delivery Pu^'c services such as water and sewer. A letter of objection was received from Ima Matthies of the Little Valley Owners’ Association. Planner Shirk noted that the applicant has a long history of obtaining bui'dJ]]9 permits and not completing the work in a timely manner, leading to conflict with the neighbors. The final recommended condition of approval, which Proh,b'J^ issuance of additional building permits until the deck has passed the final building inspection, i^meant to address this concern. Planning staff and the applicant would RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 6, 2005 work together to alter the condition if an emergency situation, such as a water heater going out, were to occur in the meantime. Chair Sager noted the appiicant’s statement of intent refers to a deck five-feet long by 8.5-feet wide, while the site plan shows a five-foot by twenty-three-foot deck. Pianner Shirk stated Mr. Bryant had changed his request to increase the length of the deck but had not updated his statement of intent. The mailing to neighbors was sent a second time to notify them of the changed request. Public Comment: Stan Matsunaka of Clark Williams and Matsunaka, LLC was present to represent the applicant. He stated it was apparent the board felt Mr. Bryant’s original request of a 12 X 36-foot deck was substantial when they denied the request at the July meeting_ He advised Mr. Bryant to scale back the proposal and noted the current P^nJ°r ^ ^ X 23-foot deck is very small and would not impact the neighborhood. It is not feasible to add a deck to any other part of the home and it isn't possibie to mihgate the appfcant's diffiouity other than to request a variance He stated the proposed conditions of approval are very reasonable and recommended their approve. Discussion among the Board of Adjustment members and planning staff ensued concerning Te of thTproposed deck as an emergency exit, whether the deck would haw been included in any previous building permits, and whether the app leant s hS^^rv ol zoning code violations should be considered. Director Joseph noted the deck should be9viewed as an amenity for the house, not as an en^|e,r9e™:^ ®x'_ Planner Shirk stated all former building permits have been finalized and there are no S zoning^ccKfe violations on this tot. Director Joseph clarified that one option fnr enforcement of zoning code violations is to deny an applicant access to the igfgsS'i have any bearing on the proceedings. the current Town regulations are based on install the door with the it was possible the applicant had beenflowed ^ ima Matthias, president of the Little ValteV “j^lnotog^staffs stated that although the association ^o^tupportlhe variance request. She Bryant's history of unc0J^h ®t®dXh(Juah'the owners' association does not support the,vartoncre as9requSed, the/could sU9pport a three-footjide landing and stairs to provide egress while meeting the building code requirements. William Conger, 1792 Hummingbird Jon Syphej, Hanchett, 1640 Black Squirrel ^.ve, stated td®'rB°dlaen" from the residential community. Mr. Conger ag h Dermit for the deck be limited he would support the variance request. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 September 6, 2005 Member Levine stated the applicant appears to have heeded the statements made at the July Board of Adjustment meeting, and has finalized outstanding permits and requested a variance that will have the least impact. Alternate Member Barker noted that a five-foot-wide deck is not very large and stated his support of the variance request. Member Newsom stated that having the survey done allows the Board to see exactly what the encroachment is, noting the deck would only encroach into the setback an additional three feet beyond the corner of the house. It was moved and seconded (Levine/Newsom) to approve a side-yard setback of forty feet in lieu of the required fifty-foot setbacks, with the findings and conditions recommended by staff, and the motion passed unanimously with one vacancy. CONDiTIONS: 1. Full compliance with applicable building codes. 2. Submittal of a setback certificate prepared by a registered land surveyor, which verifies compliance with the approved variance. This setback certificate shall be available on-site for the building official at the footing inspection. A copy of this setback certificate shall be submitted to the Community Development Department prior to final inspection. 3. No additional building permits shall be issued until the deck has been completed and the final building permit inspection finalized. 3. REPORTS None. There being no further business. Chair Sager adjourned the meeting at 8:48 a.m. Al Sager, Chair Julie/Roederer,yRecording Secretary