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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2003-02-04BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 4, 2003, 8:00 a.m. Board Room, Estes Park Municipal Building Board:Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and A1 Sager Attending: Chair Barker, Members Sager, Newsom and Lamy Also Attending: Absent: Planner Shirk, Planner Chilcott and Recording Secretary Williamson Director Joseph, Member Ball Chair Barker 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 January 7, 2003 meeting were accepted as presented. b. Lot 44, Block 1, Fall River Estates, Southwest corner of Fall River Court and Fail River Road intersection - Staff requests moving item to a Special Meeting on February 5, 2003. 2. LOT 7. RECLAMATION SUBDIVISION. 340 S. SAINT VRAIN. APPLICANT: ABUNDANT LIFE CHRISTIAN CENTER - VARIANCE REQUEST FROM SECTION 4. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This variance request is to enclose an existing patio/entranceway. The existing patio is roofed and has a concrete slab floor. The church was built in the 1960’s and is nonconforming as to the front yard setback. The entryway already exists; however it doesn’t have walls on two sides. The enclosed entryway will not extend further into the setback than the unenclosed entryway. The enclosed entryway is only 176 square feet approximately and a portion of the structure already exists. Therefore the request is not substantial. The proposed addition may not substantially alter the essential character of the neighborhood. Jim Cornell was present to represent the Abundant Life Christian Center. He stated that currently the members have to walk outside to go around the sanctuary. Enclosing the walkway will aid in the flow of traffic and enable people to walk around the edge of the sanctuary without going outside. Public Comment: None. It was moved and seconded (Newsom/Lamy) to approve the variance request of seven feet six inches (7’6”) from the twenty-five (25) foot front yard setback to enclose a patio/entranceway and the motion passed unanimously, one absent, with the foiiowing conditions. Ali variances granted by the Board of Adjustment shall become null 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. . j 1. A registered land surveyor shall verify compliance with the variance and provide a stamped and signed setback certificate. ^ 2. Compliance with the submitted site plan showing that the addition will not extend further than the existing entranceway concrete slab. 3 IIMPI ATTPD PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARYJg LAKE ROAD. APPLICANT: MARY’S LAKE LODGE - VARIANCE REQUEST FROM SECTION 17.66.060(13^ OF THE MUNICIPAL CODE. r »ii ■ i i. Board Member Sager stated there are current off premise signs for Mary s Lake BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 4,2003 Page 2 HeLodge on the adjacent properties that have not been permitted by the Town, sited Section 17.66.340(3) of the Municipal Code which states the Board of Adjustment has no right or reason to hear an item currently in violation. Jeff Sigler, Code Enforcement Officer, stated that he agreed with the interpretation of the code. He advised that he contacted Mr. Theis yesterday afternoon to inform him of the violations. Frank Theis, general manager and one of the owners of Mary’s Lake Lodge, stated that staff notified him Thursday of the non complying signs that needed to be removed before the Board of Adjustment meeting. He removed the signs except for the directional signs. He felt he had reached an understanding 6 months ago with Mr. Sigler that those signs could be posted during construction. Jeff Sigler agreed that he had a conversation with Mr. Theis regarding the directional signs. Mr. Sigler believed the signs would be placed on Mary’s Lake Lodge property and not off premise. He also stated that Mr. Theis did not feel he could operate his business during the construction without the directional signage. It was agreed that Mr. Theis could have directional signage less than one square foot. Public Comment: Jim Tawney, owner of Ponderosa Lodge, stated he was the original owner of the land for which Mary’s Lake Lodge is requesting an off premise sign. Once Kiowa Drive was completed, he deeded the land to Bob Koehler. He stated that there have been numerous signs placed on his property with his full knowledge and approval. The signs were placed with the understanding that they were temporary. He feels the Board should hear the variance request. Mr. Theis stated that he will take down the signs. He thought there was an understanding with staff that he could put up small directional signs. He feels he has shown good faith in removing the signs staff had requested be removed. Based on the presence of existing off premise signage for Mary’s Lake Lodge that has not been permitted, it was moved and seconded (Sager/Barker) to continue this request to the February 5,2003 meeting to give the applicant time to remove the additionai off premise signage and the motion passed unanimously with one absent. 4. U.S. BUREAU OF RECLAMATION PROPERTY OFF HIGHWAY 34 AND ADJACENT OT LOT 1. LAKE ESTES 2NU ADDITION (LAKE ESTES MARINA). 1770 BIG THOMPSON AVENUE. APPLICANT: STANGER FAMILY. LLC - VARIANCE REQUEST FROM SECTION 17.66.060(131 OF THE MUNICIPAL CODE. Board Member Sager requests this item be continued because the sign is currently illegal. The sign has rope lights wrapped around the poles of the sign which the sign code prohibits. Jeff Sigler, Code Enforcement Officer, stated that he agreed with Board Member Sager’s interpretation of the sign code regarding lighting. He stated that he contacted the applicant late yesterday afternoon to inform them of the violation. Ray Marez was present to represent the Lake Shore Lodge. He stated that the lights were put up in the spirit of Christmas. He will make sure that the lights come down today. Public Comment: None. Based on the purrent off premise sign being in violation due to the addition of rope lights wrapped around the post, it was moved and seconded (Newsom/Sager) to continue this request to the February 5,2003 meeting to give the applicant time to remove the rope lights and the motion passed unanimousiy with one absent. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 4,2003 Page 3 5. REPORTS Planner Shirk stated that he received a response from the Alpine Meadow Homeowners Association in response to his letter dated November 21, 2002. He stated that the Homeowners Association is not interested in pursuing rezoning for the subdivision. The Architectural Control Committee believes they have the power to enforce the setbacks and that their opinions should be accepted as final by the Board of Adjustment. Planner Shirk stated that if the homeowners are against rezoning then the Planning Commission and the County Commissioners are not going to go forward with rezoning these properties. Chair Barker stated that this Board has a responsibility to grant a variance if there is a legitimate reason for the request even if the neighbors don’t want it. There being no further business, Chair Ball a^urned the meeting at 8:45 a.m. Jeff/6ark6r, Chair ..A— queryn Williamson, Recording Secretary