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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2004-05-04RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 4, 2004, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, and Cliff Dill Chair Horton, Members Levine, Newsom, and Sager Also Attending: Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent:Member Dill 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 April 6, 2004 meeting. b. Portion of SE Va of the SE Va of Section 27, T5N, R73W continue item to the June 1,2004 meeting. Applicant request to It was moved and seconded (Sager/Newsom) that the Consent Agenda be accepted and it passed unanimously with one absent. 2- UNITS C. D, & E. RIVER BEND CONDOMINIUMS. 525 PINE RIVER LANE- APPLICANTS: EDWARD & KIM BREHON. ROBERT & MICHELLE GROSS. RAY & JANET BETKA - VARIANCE REQUEST FROM SECTION 7.6.E.1.A (2)(b) AND SECTION 6.3.C.1 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. The applicants are requesting variances to the Estes Valley Development Code to allow decks added to the nonconforming Units C, D, and E to remain within the river setback. The decks did not require building permits because they are not more than thirty inches above grade. There are no special circumstances associated with this lot. Staff believes the decks will not substantially alter the essential character of the neighborhood. The exiting residences can continue to be used if the variance is not granted; however the decks would need to be removed. Staff believes that sufficient discussion occurred with the applicant about the nonconforming status of the residential use and the prohibition of expansion of a nonconforming use for the applicant to be aware of this Code requirement. These discussions took place with the review of a deck permit for Unit A and review of the River Bend condominium map. Chair Horton questioned if the decks where on the condominium map when it was approved by the Town Board in 2002. Planner Chilcott responded that the decks where not on the approved condominium map; however there where Limited Common Elements (LCE) around each of the units. Tom Fisher, 525 Pine River Lane Unit A, was present to represent the applicants. He provided some history of the property. Mr. Fisher stated that he informed each potential buyer that the cabins were nonconforming and changes to the footprint of the cabin was prohibited. He does not feel the decks are an addition. The decks were built within the LCE areas around each cabin. Mr. Fisher feels the decks have enhanced the property and allow beneficial use of the area behind the cabins nearest the river. He was told by the Building Department that a building permit was not need if the decks were less than 30 inches off the ground. He stated there has been miscommunication on both side. Ed Brehon, 525 Pine River Lane Unit C, stated he spoke with the Building Department and was told he did not need a building permit for the decks he was proposing. He advised that the purpose of the decks is to provide access to elderly and handicapped family members. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment May 4, 2004 Will Birchfield, Chief Building Official, advised the new International Residential Code (IRC) will require permits for all decks once adopted by the Town. He stated that staff may want to look at providing handouts or use permits to prevent this situation from occurring in the future. Ray Betka, 525 Pine River Lane Unit E, stated there are special circumstances with this request due to the insufficient information provided and the fact existing buildings are already within the setbacks. He also stated the decks help to provide handicap access to the buildings. Public Comment: None. Based on the fact staff and petitioner acted In good faith; the decks are not detrimental to the neighborhood; 2 existing buildings are closer to the river than the decks; the pedestrian path is crossing the river before it reaches this area; and the Building Official will put in place a regulation to eliminate this situation from occurring in the future it was moved and seconded (Newsom/Levine) to approve a variance from Section 7.6.E.1.a (2) and Section 6.3.C.1 to allow decks on Units C (sixteen foot variance), D (seventeen foot variance) and E (sixteen foot variance), River Bend Condominiums to remain and the motion passed unanimously with one absent. 1. Compliance with the submitted plans. 2. Submittal of setback certificates from a registered land surveyor demonstrating compliance with the setback requests. 3- M.ETES AND BOUNDS. 911 MORAINE AVENUE. APPLICANT: SHAWN MAY zlYARIANCE request from section 4. TABLE 4-5 OF THE ESTES VALLEY DEVELOPMENT CODE. '—---------------------------- valu=y Planner Chilcott reviewed the staff report. This is a request for a twenty-five foot variance from the twenty-five foot front yard setback to build a handicapped accessible entrance. At 14,220 square feet, the lot is undersized for “CO” zoninq district. The building was built in 1937 and the location of the building on the site also creates special circumstances. The building encroaches onto the property to h®, eaf^t' a encroaches into the twenty-five foot front and fifteen foot side yard setbacks with the eave encroaching into US 36/Moraine Avenue right-of-way The proposed addition will not substantially alter the essential character of the neighborhood or affect the delivery of public services. Shawn Mays, the applicant, was present. He stated he would like to provide handicapj^d accessibility for his use and for future use. The ramp will not affect the flow of traffic and will not extend any further than the current awning. Public Comment: None. It was moved and seconded (Sager/Levine) to approve a twenty-five foot (25) variance from the twenty-five foot (25) front yard setback to build a handicapped accessible entrance to the building 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. 2. A registered land surveyor shall verify compliance with the variance and provide a setback certificate. I. REPORTS Director Joseph stated the Bylaws have been approved by the Town and Countv Commissioners. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment May 4, 2004 Chair Horton welcomed Board Member Levine to the Board. There being no further business, Chair Horton adjo\i ed the m^ing at 9:20 a.m. Bill Morton, J^quelyn Williamson, Recording Secretary