HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2019-06-04RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
June 4, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair John Lynch, Rex Poggenpohl, Wayne Newsom,
Attending: Members Moreau, Lynch, Newsom, Poggenpohl,
Also Attending: Director Hunt, Planner II Hathaway, Recording Secretary Karin Swanlund
Town Attorney Greg White, Larimer County Deputy Attorney Bill Ressue.
Absent: none
Chair Moreau called the meeting to order at 9:00 a.m. He introduced the Board Members and
staff. There were 12 people in attendance.
1. AGENDA APPROVAL
Poggenpohl requested a 10-minute discussion on Bylaws be added to the end of the meeting.
It was moved and seconded (Poggenpohl/Newsom) to approve the agenda.
The motion passed 4-0.
2. CONSENT AGENDA
Approval of minutes dated February 5, 2019, March 5, 2019 and May 15, 2019
It was moved and seconded (Poggenpohl/Lynch) to approve the Consent Agenda.
The motion passed 4-0.
3. VARIANCE REQUEST, 421 Ridge View Lane, Karen & Mark Guenther, owners
Planner Hathaway reviewed the variance request. The applicant applied for approval of permitting
a 5-foot front setback in lieu of the 15-foot front setback as required by the E (Estate) residential
zoning district. The request is to accommodate access to the main structure from the garage and
parking area, connect the lower and upper walkway and add decking to square the current deck
limits. Staff recommended approval of the Variance Request.
Board Discussion/Questions:
Poggenpohl and Newsom agreed with the need for the variance request.
Applicant Discussion:
Owner Mark Guenther stated that the purpose of the request is to remove the walkway to the
garage from the right-of-way.
It was moved and seconded (Poggenpohl/Lynch) to approve the requested setback. The
motion passed 4-0.
4. Mountain Coaster Appeal discussion:
Attorney Ressue reviewed the subject matter, stating that both Town and County planning
departments and attorneys share in issues dealing with county property. Two weeks ago, an
executive session was held to discuss legal advice regarding the Mountain Coaster. At that
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Estes Valley Board of Adjustment 2
June 4, 2019
meeting, the board decided to have a public hearing on filing an appeal to the findings of the
Larimer County District Court.
Public Comment:
Rebecca Urquart, 1955 Homestead Lane, objected to the executive session held two weeks ago
and suggested this Board disregard whatever was said at the executive session as it should have
been a public meeting. The Board of Adjustment (BOA) is in a quasi-judicial stance and receiving
ex-parte communication from the county attorney was wrong. The Use Classification case is on
appeal and could possibly come back to the BOA. She respectfully requested the Board
disregard the district court case until the appellate court makes a decision.
John Nicholas, 3400 Woodcock, Berthoud, noted that the use classification was decided by
another court. There are problematic interpretations with these issues. This decision threatens
the ability to have a joint planning area.
Dick Speilman, 584 Audobon Street, offered to disperse the memo issued by Frank Lancaster,
outlining the Town/County separation for the Board members to read.
Board Discussion:
Poggenpohl summarized that the BOA is faced with two choices: appeal the decisions or act on
them. He is in favor of not appealing the court decision on use classification.
Ressue explained the decision points made on the mountain coaster project. The Estes Valley
Development Code says one thing, state law says something different. Both Attorneys are
recommending the BOA appeal the decision to the Court of Appeals can decide if the EVDC is
valid. The second issue is concerning the Location and Extent (L & E) review. The Judge ruled
that there should have been an L & E review, the attorneys feel L & E only applies to public
projects. The appeal has nothing do with the merits of the Mountain Coaster, but the validity of
the EVDC and the decisions the court made concerning that.
Considerable discussion was had on processes, following the Code, and the IGA. The BOA does
not determine the legality and needs to decide whether or not to appeal the court's order.
Newsom and Moreau stated they did what was appropriate based on the written Code at the time
of the application.
It was moved and seconded (Newsom/Lynch) to appeal both counts of the decision by the
District Court. The motion passed 3-1 with Poggenpohl voting against.
5. It was moved and seconded (Poggenpohl/Moreau) to table the Bylaws discussion to a future
meeting. The motion passed 4-0.
6. REPORTS:
A) Current IGA expires in February 2020. The memo from the Town Administrator will be sent to
the Board Members. The decision is a joint decision, but either body can choose not to
continue without the consent of the other.
B) Code Compliance has been moved to the Police Department. Linda Hardin has been
promoted to Planner I. Vacation Homes are now being handled by the Town Clerk.
C) Founding member of the BOA, Wayne Newsom, turns 90 this month!
There being no other business before the Board, the meeting adjourned at 10:00 a.m.
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Estes Valley Board of Adjustment 3
June 4, 2019
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Jeff Moreau, Chair
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Karin Swanlund, Recording Secretary