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HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 2020-09-01Town of Estes Park, Larimer County, Colorado, September 1, 2020 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on the 01 day of September 2020. Committee:Chair Jeff Moreau, Vice-Chair, Wayne Newsom, Member Joe Holtzman Board Attending: Absent: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Randy Hunt, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liaison Barbara MacApline none Chair Moreau called the meeting to order at 9:04 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Newsom/Moreau) to approve the agenda. The motion passed 2-0. Holtzman was unavailable. APPROVAL OF CONSENT AGENDA It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The motion passed 2-0 with Moreau abstaining. VARIANCE REQUEST. 113 E Elkhorn Avenue. Planner Bergeron reviewed the request that the BOA grant a variance to the minimum setback required on the parcel's west property line to allow a zero-foot setback. A zero- foot setback would not be functionally realized if a portion of the building continues to extend beyond the property line. If the variance is approved, it is proposed that an addition to the building be built along the property line to house a taproom. This addition is also dependent on ROW vacation because the ROW encroachment effectively prohibits modification of the building. Section 12.08.040 of the Municipal Code requires that if any existing building obstructing the street/sidewalk is "remodeled or materially altered," obstructions shall be removed. Town staff and the applicants have discussed the ROW vacation, and at this time, there are no apparent reasons why the small section of ROW cannot be vacated. The final vacation decision rests with the Town Board. Staff proposed that as a condition of ROW vacation, any development plan approval for a modification to the building (or building permit issuance if no development plan is required), including the proposed Lumpy Ridge Taproom, must be contingent on the installation of curb and gutter on the lot's Big Horn Drive frontage, where none exists now. Discussion: In response to questions asked by the Board, David Bangs, Trail Ridge Engineering, noted that the two property line pins had been located. There was a development proposal sign posted, but it disappeared at some point in time. Ernie Petrocine/Town Resident, stated that the three easement lines on the site plan are misleading and that the easement is not recorded. Access should not be blocked to the platted alley. He stated that he is satisfied with the findings and is not against the variance being requested. RECORD OF PROCEEDINGS Board of Adjustment, September 1, 2020 - Page 2 Director Hunt asked for confirmation that there was a survey document with a seal and signature. David Bangs confirmed the existence of a recorded amended plat for Lot 16A and an improvement survey for the lot to the north. Both are noted on the site plan. Director Hunt asked that they be presented with the final submittal. Chair Moreau asked how long the encroachment has been there. Planner Bergeron answered that the building is 100 years old and he could not locate any documents explaining why this situation exists, stating that some mistake was made at some point. Vice-Chair Newsom commented that this variance is not going to change the neighborhood, the neighbor to the north is okay with it and new curb and gutter will be advantageous. It was moved and seconded (Newsom/Holtzman) to APPROVE the variance request, with the condition of a ROW vacation by the Town Board of Trustees, in accordance with the findings as presented. The motion passed 3-0. REPORTS There is one item on the agenda for the October 6 meeting. There being no further business. Chair Moreau^adjoumed the meeting at 9:48 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary