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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2002-07-02BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment July 2, 2002, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Chair Joe Ball, Members Jeff Barker, Judy Lamy, Wayne Newsom and Al Sager Chair Ball, Members Barker, Lamy, Sager and Newsom Also Attending: Director Joseph, Planner Chilcott and Recording Secretary Williamson Absent:None Chair Ball 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. The minutes of the June 4, 2002 meeting were accepted as presented. 2 LOT 3 FORT MORGAN COLONY ADDITION, 653 N. MQRGAN STR^^^,LJ, 7nninn Districts” of the Estes Valley Development Code. Specifically, this St ‘he "St^aS Ssetback to allow the existing house to remain eight (8) feet from tne sioe loi iThfappllcant applied for -d w-iss-d a build.ng ^™^^ expand the existing house in December aOOl.^Thesitepian^s^^^^^^^ since the permit showed the expansion located pattern side setback line staff nrnnosed exoansion was shown abutting the eastern sio uoerail toThf«"hmoeus°ris subSaiiy tht hou'se?Xl new addition. Prior to construct o WOuid have resuited in practicai conditions relative to the area or build 9 reauest has been submitted difficulty in complying with the Code a'a>^dards. This request ha® were to all applicable reviewing agency staff and no issues expressed. Board Member Newsom asked if it is oumforthe bu^ hepadment to inspect the foundations before bui ding , f . it • standard practice for the required setbacks. Building Of'“a™rhowev^^ when the a laaneddsuXCS Ihe fo'unSon is within the setback. A land surveyor set the pins for the property in question. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment July 2,2002 Page 2 Applicant, Jerry Miller, 653 North Morgan, owner of subject property, was present to answer questions from the Board. He stated that he is an architect and designed the addition to his house. During the design phase it was his understanding that the majority of the addition was 12 feet from the setback. The property was surveyed by Hascall Surveys, Inc. 2 or 3 years ago and between the design and building phase the property lines had shifted. He also stated that the total area of encroachment is 4.2 square feet. Member Barker asked for clarification regarding whether or not the original property lines were set by a surveyor. Applicant stated the property lines were set by a surveyor using CAD files. Mr. Miller had a former employee set the stakes for the addition to his home using the original CAD file Prov,d®d ^l^scaH Surveys. The former employee misread the CAD file and set the stakes incorrectly. Member Sager asked what the ramification would be if there was a ctlan9® "Ju®® for the screened porch area. Applicant stated that it is a question of habitable howeverTdoe's affecUhe character of theesSpace*andthe tfe^^bnorhood. SBuild!ng Official Horgen stated that a change in use would require a building perm . character of the neighborhood. Member Barker stated he does not ® support this motion due to an errar mad y pra (he fessiona| who rdere^doVs^bl^^^^^^^^^ made by professional surveyors. It was moved and seconded (Sa9e.r,New®°'!jJ° ^an™^edten(10)foot request to allow for a two (2) foot ™nan‘'® remain eight (8) feet from side yard setback, to allow th®ex,st,n9^7®f*X foUoWdng conditions, the side lot line and the. motion PasrS®dn.w",;0'Those voting no: TB^rrvlri^ncesr« - - —iS 9ran 1 • Compliance with the submitted plahs. .. jth this variance inspecfion. Member Newsom stated this '® th® s®rj0"ons!ierenot acceptingt0sijrveys from cXll'sTnd inSi suw^yors that consistently perform inaccurate surveys. amf,loUssue?nottoafix1nistekS<rnadefby^rafe5ional su^eyors. He feels the BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment July 2,2002 Page 3 Board should not hear these issues. Member Sager stated the property owner should not be penalized for the mistakes made by the surveyor. Director Joseph would like to ask Town Attorney White to look into the case law history to see what kind of legal precedence there is to granting these variances after the fact. He feels it is the Board’s duty to make the difficult decision as to when an error is so grievance that the structure should be ripped out or benign enough to grant a variance for the encroachment. Member Sager suggested that a Study Session be held in or<?er^°^i®cuss issues and problems facing the Board. Director Joseph advised that a Study Session could be held after next month’s meeting and he would invite Town Attorney White. Member Barker stated that he would not be attending next month’s meeting and would like to be apart of the discussions. Member Lamy stated this is the most complete and well prepared application presented to the Board in a while. She understands the issue being discussed bu\ feels that each case is an individual situation. She feels a Study Session would be helpful. Member Newsom left the meeting at 9:00 a.m. Director Joseph advised that he met with Town Attorney Qreg White, County Attorney Jeannine Haag and County Chief Planner Russ ®^9‘c ®JJtr\yBoarc| 0f Stated that the Colorado State Statue requires the County Board or Adjustment approve the use of a super majority. Member Barker feels the Bo should just let the majority rule. 6. REPORTS None. There being no further business, Chair Ball adjourned the meeting at 9:10 a.m. Jo^Bart, Chair Jacqu^lynWiliiamson, Recording Secretary ^__> N - . ^ ' rt> nrif