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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2003-12-03RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment December 2, 2003, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Also Attending: Absent: Chair Jeff Barker, Members Bill Horton, Wayne Newsom, Al Sager, and Cliff Dill Vice Chair Horton, Members Newsom, Sager and Dill Director Joseph, Planner Chilcott and Recording Secretary Williamson Chair Barker Vice Chair Horton 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 1. CONSENT AGENDA a. The minutes of the October 7, 2003 meeting. 2. LOT 31. CHARIAGE HILLS. 7th FILING. 1981 CRAGS COURT. APPLICANT: DANIEL & SUSAN DOYLEN - VARIANCE REQUEST FROM SECTION 4, TABLE 4- 2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a nine foot variance from the fifteen foot rear yard setback to build a deck addition six feet from the rear (western) property line. The proposed deck is approximately 215 square feet. The lot is at the junction of two roads, is raised above the roads and has few trees which makes the lot highly visible. The house is located in the northwest corner of the lot encroaching into the current side and rear yard setbacks. When the existing house was built these setbacks were five feet. The side setback is now ten feet and rear setback is fifteen feet. There can be a beneficial use of the property without the variance. This requested variance is substantial; however the deck will not encroach any further into the rear yard setback than the existing house. The proposed addition may not substantially alter the essential character of the neighborhood. Adjoining property owners have not contacted staff to comment on this proposal. The variance will not affect the delivery of public services, provided there are no utility conflicts. The proposed deck will not encroach into the five foot utility easement along the rear property line. The applicant could place a detached deck within the setbacks or remove the portion of the deck that encroaches into the setback and relocate the proposed door. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Sue Doylen, 1981 Crags Court, was present. She stated they purchased the property in 1986 when it was in the County and the setbacks were 5 feet. Public Comment: None. Because setbacks changed after the house was built and the deck does not extend any farther than the current house it was moved and seconded (Newsom/Sager) to approve a nine foot (9) variance from the fifteen foot (15) rear yard setback to buiid a deck six feet (6) from the western rear yard setback and the motion passed unanimously with one absent. Ali variances granted by the Board of Adjustment shaii become nuil and void if a Buiiding Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the submitted plans. 2. EVDC Appendix D.VII Tree and Vegetation Protection During Construction and Grading Activities shall apply for the tree next to the deck. 3. A registered land surveyor shall verify compliance with the variance and provide a setback certificate. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 December 2,2003 3. A PORTION OF LOT 32. BONNIE BRAE & LOT 4. HABITAT. 650 GRAVES AVENUE. APPLICANT: HABITAT FOR HUMANITY OF ESTES VALLEY INC, j; VARIANCE REQUEST FROM SECTION 4.3.D.1 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. The applicant requests that no open area be set aside in the Mangelsen Subdivision as required by the Estes Valiey Development Code for all residential developments and subdivisions containing five or more units. If open area is provided with this subdivision, the R-1 lots would be reduced in size from a minimum of 5,000 square feet to 4,250 square feet. Reducing the lot size even further makes compliance with setback requirements all the more difficult. The request is substantial. The proposed variance may not substantially alter the essential character of the neighborhood. The variance will not affect the delivery of public services. The applicant’s predicament cannot be mitigated through some method other than a variance. Staff plans on recommending a code revision to remove the open area requirement from the R-1 zoning district. The variance, if granted, may offer the least deviation from the regulations that will afford relief. Open area could be set aside for the two R-2 zoned lots. If these two lots were subdivided at a later date open area would not be required for these lots. Matthew Heiser, Vice President Habitat for Humanity of Estes Valley Inc., was present to represent the applicant. He stated the organization’s goal is to relieve the community of substandard housing by providing attainable housing. He also stated they are the only organization in town providing detached single-family low income housing for ownership. Public Comment: ,, ... , James Arvidson, owner of the Stoneridge Apartments, stated he would like to see the privacy fence continued between his property line and the proposed subdivision. He would also like to see the drainage problem resolved. It was moved and seconded (Sager/Dill) to approve a variance request for no open space to be set aside for the Mangelsen Subdivision and the motion 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. 1. Compliance with the submitted plans. Director Joseph welcomed new Board Member Cliff Dill. Board Member Sager questioned the status of the By-laws. Director Joseph stated the Intergovernmental Agreement needs to be amended to allow for an alternate member to serve on the board before the By-laws can be approved. The matter will be heard by the Town Board and County Commissioners this month. There being no further business. Vice Chair Horton ^djourned the meeting at 8.30 a.m. Bill Horton, Vice --------l(/ , i JagqueiyinWilliamson, Recording Secretary