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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2001-02-06BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 6,2001,8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board:Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy and Sager Also Attending: Planner Shirk and Recording Secretary Wheatley Absent: Member Newsom Chair Barker called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA The minutes of the January 9,2001, meeting were accepted as presented. 2. REPORTS Chair Barker requested Staff to give any reports to allow more time for applicants to arrive. Planner Shirk reviewed the formula to calculate the maximum height that is being considered as an amendment to the Estes Valley Development Code. On slopes that are greater than 15% the maximum height may be adjusted up to 40 feet using the formula Mb= 30 + [.50(a+b)j where Mb is the maximum height allowed at any given point, a is the elevation at highest point of natural grade of proposed building footprint and b, the elevation at any other given point within the building footprint. This item will be considered by the Estes Valley Planning Commission this Spring along with other Code revisions. Review of the variance requests began at 8:11 a.m. 3 1224 CHASM LANE. APPLICANT: GEORGE YOUNG - SETBACK VARIANCE REQUEST FROM SECTION 4.3. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant requests a variance to allow a side yard setback of 39 feet in lieu of the 50 feet required in the zoning district. The existing cabin was built in the mid-1940’s before building setback requirements were in place. Special circumstances also exist in that the property is located in a 10-acre zoning district that requires 50-foot setbacks, and the lot is only 0.974 acre. Approval would not change the status as a legal-non­ conforming structure. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public service, although the Larimer County Building Department had comments related to wildfire hazard and foundation construction. The essential character of the neighborhood would remain the same. If the applicarit were to raze the cabin and rebuild completely within the building setback lines, the additional site disturbance and removal of trees might have a greater change in the visual character of the neighborhood compared to the proposed addition. The variance would not adversely affect the delivery of public services. The requested variance represents the least deviation from the regulations that will afford relief. The findings of the Staff report were read into the record. Public Comment: None. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 6,2001 Page 2 Based on staff findings which inciuded the facts that removai of the existing house wouid create a greater disturbance and the proposed addition better maintains the character of the neighborhood, it was moved and seconded (Lamy/Sager) to approve the variance request to aiiow a setback of 39 feet in iieu of the 50 foot setback as required in the RE-1 Estate zoning district and it passed unanimously with one absent. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 4. LOT 16. GREY FOX ESTATES. 2645 GREY FOX DRIVE. APPLICANT: JOHN OTT - HEIGHT VARIANCE REQUEST FROM SECTION 4.3. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant wishes to deviate from the mandated 30-foot maximum height to allow a height of 39 feet. The lot has a southern exposure, is moderately wooded, and has a slope ranging from 17% to 30%. The submitted site plan does not indicate any cut to lower the natural grade, only fill to raise the grade to create a level building pad. The applicant proposes to build the house on the shallowest portion of the lot, which h^ a slope of 17-18%. Conforming homes have been built on similar slopes. The burden of demonstrating practical difficulty falls on the applicant. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. A conforming structure could be built on the site. Due to the undeveloped nature of the immediate neighborhood, an “essential character” has yet to emerge; however, this house design is comparable to the other existing houses in this subdivision. The applicant purchased Lot 8 In Grey Fox Estates in December of 2000 when the current regulations were in place. The applicant has since acquired Lot 16 in a and exchange with Dick Barlow, developer of Grey Fox Estates. It may be possible to mitigate the applicant’s predicament through some method other than a variance. The requested variance does not represent the least deviation from e regulations that will afford relief. The submitted proposal includes a grading plan that raises the lower part of the lot by approximately 10 feet, vjjiich in turn requires a 10-foot variance. An alternative would be to raise that portion of the lot 5 feet and lower part of the lot five feet. This would balance the cut and fill, provide the fill from on-site, decrease driveway slope, and reduce the variance to 35 feet. The findings of the staff report were read into the record. Public Comment: None. Based on the fact there was no one to represent the appiicant, it was moved and seconded (Sager/Ball) to continue this request to the March 6 2001 meeting with recognition that the compromise wouid be a reasonable solution for the applicant’s consideration, and it passed unanimously with one absent. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 6,2001 Page 3 Planner Shirk reviewed the staff report. The applicant proposes to build twelve 2,091 square foot condominium units on Lot 16 which increases the Floor Area Ratio (FAR) from .30 to .37. FAR was impiemented in the Estes Valiey to reduce the overall bulk and massing of multi-family developments, and works to fulfill several scenic and environmental quality policies set forth in the Estes Valley Comprehensive Plan as outlined in Chapter 6, Section 6.0. There does not appear to be any special circumstances of practicai difficulty associated with this lot. Therefore, the requested variance wouid nullify the intent and purpose of the FAR requirement. This requirement was implemented after the applicant purchased the property and the applicant has developed several other lots within the subdivision individually. This proposal would be consistent with the development of the rest of Ranch Meadow Subdivision. The developer does not have a statutory vested right to develop this lot under the old regulations. There may be beneficial use of the property without the variance and the applicant s predicament can be mitigated through some method other than a variance. It is the opinion of Staff the requested variance is substantial. Mr. Kevin Doiron, neighbor on Lot 4, Block 4, of Lone Pine Acres, spoke to staff in opposition due to the potential disruption of views, which would have a negative effect on the resale value of his house. It is Staff’s opinion granting this variance would violate Section 3.6.C.3 of the Estes Valley Development Code which states: “No variance shail be granted if the submitted conditions or circumstances affecting the Applicant’s property are of so generai or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations." If authorized, a variance shall represent the least deyiatiori from the regulations that wiil afford relief. The Board should use their discretion to determine if the requested variance fulfills this standard. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services, though Town Attorney White had comrrients regarding a lack of special circumstances associated with this property and the fact the applicant does not have a statutory vested right to develop this propei^ under the old regulations. The findings of the Staff report were read into the record. Bill Van Horn was present to represent the applicant. Applicant agrees there is no vested right; however, the Board of Adjustment has the discretion to allow variances based on speciai circumstances. The special circumstance is that 29 other lots have been developed in this subdivision without this requirement. The applicant chose not to go through Special Review but rather each lot has been reviewed as a development plan. The density is the same under the new Code The neighborhood would not be adversely affected. The development to the east has a higher FAR. Regarding the neighbor’s comment, the deYe,°P"l®"tiiP^.^" was in place at the time the neighbor’s property value was determined. Reducing the number or size of the individual units would be significant and have a financial impact on the owner. The Estes Valley is in need of accessible housing. Commissioner Sager commented that at the time the original development plan was discussed the developer promised that a view corridor would be left on the north part of Lot 16. Mr. Van Horn advised that this was an offer made to satisfy the neighbors to the east but it was turned down. That offer was w'thdrawnand instead Mr. Wille changed the use of the iot from commercial to residential. Chair Barker noted that the special circumstance was that the neighborhood has been developed under the old regulation. Based on Staff findings that there appears to be no speciai circumstances and granting this variance wouid negate the intent of the FAR, and th BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 6,2001 Page 4 neighbor to the east would be affected by the loss of a view corridor, it was moved and seconded (Sager/Ball) to deny the variance request for 1630 Raven Circie and it passed. Those voting yes: Lamy, Sager, and Baii. Those voting no: Barker. There being no further business, Chair Barker adjourned the meeting at 9:30 a.m. Jeff"fe^l^er, Chair Meribeth Wheatley, Recordin^ecretary