Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2004-06-01RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 1, 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 Dill, Levine, and Sager Also Attending: Town Attorney White and Recording Secretary Williamson Absent:Member Newsom, Director Joseph, Planner Chilcott 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 May 4, 2004 meeting. 2- PORTION OF SE Va of THE SE Va, OF SECTION 27. T5N. R73W, APPLICANT: JAMES & EUNICE DOCTER - VARIANCE REQUEST FROM SECTION 4. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. This item was continued from the March 2, 2004 meeting. Planner Shirk reviewed the staff report for the updated proposal. The applicants are requesting an eastern side yard setback of 20.4 feet in lieu of the 25 feet required, and a western side yard setback of 20.8 feet in lieu of the 25 feet required. The purpose of the variance requests is to build a single-family dwelling, for which the lot is zoned. This lot was created in 1963, and has been deemed a legal lot under guidelines set forth in the Estes Valley Development Code. A 10 foot right-of-way exists from the northwest property corner to Tanager Lane. The applicant proposes to keep the existing garage, and build a new structure attached to the garage. At 75 feet wide, the property is narrow for the “E-1” zoning district, which has a minimum lot width of 100 feet. In addition, at .26 acres, the lot is sub-sized for the “E-1” zoning district, which has a minimum lot size of 1 acre. A conforming house could be built on the lot. The proposed structure is larger than others in the neighborhood. Planner Shirk stated the access for the property will be off of Tanager Lane on an existing private driveway. He discussed the turning radius for a car pulling out of the existing garage. In order to alleviate encroachment onto the northern property, staff is suggesting an access easement be placed on the property to the west which is owned by the applicants. Lonnie Sheldon of Van Horn Engineering was present to represent the applicants. He stated the applicants obtained an attorney to determine the best legal access for me property. It was determined that Tanager Lane would be the preferred access. The applicants have worked with an architect to make the house as narrow as possible reducing the footprint of the home, keeping the eastern side yard variance as minimal as possible by reducing the width of the home, and centering the home on the lot to equitably distribute the density. The house is set north to attach it to the existing garage and to preserve the current view corridors. Mr. Sheldon reviewed the shortcomings of the lot due to “E-1” zoning designation, i.e. lot width, size, setbacks. He feels it is important to recognize the magnitude of these shortcomings versus the magnitude of the requested variances. Board Member Sager stated there is nothing that requires a certain size home be built. The applicants are requesting to build a relatively large home on a relatively small lot. Jim Docter, 515 Grand Estates Drive, stated that a typical home with a hallway down the center needs to be 28 to 29 feet wide. He believes it would be difficult to fit a house in a 26 foot wide footprint. He stated the proposed 20.4 foot setback would place the proposed home 114 feet from the neighboring property; therefore the requested variance is negligible. He does not feel this home is larger than homes in the area. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 1,2004 Public Comment: Janice Lee, 741 Laurel Lane, spoke in opposition to the eastern variance request. She stated the applicants have agreed there could be beneficial use of the lot without a setback variance. Board Member Levine asked if the current zoning was in place when the applicants purchased the property. Mr. Sheldon stated the applicants were aware of the “E-1” zoning when they purchased the property. Board Member Sager questioned if the applicants have considered moving the house to the west to meet the eastern setback. Mr. Sheldon stated they have considered moving the house to the west; however the applicants would prefer to center the house to create the appearance of less density. Moving the house to the west would crowd the 2 homes together making the neighborhood appear denser; and therefore, negatively impacting the neighborhood. Mr. Doctor stated they bought the property with the understanding they might be able to change the setbacks to make it a better neighborhood. He feels it is reasonable to request the proposed variances to maintain the spacing in the neighborhood. Board Member Dill stated the applicants purchased the lot with the knowledge of the required setbacks. Kris O Neall, 702 Tanager Lane, would like the Board to consider the turn around area to the south on their own property as presented by staff. Harlan Lindberg, 685 Laurel Lane, spoke in opposition of the proposed variance request. He feels this is a neighborhood of summer residences; and, therefore this home is too large. It was moved and seconded (Sager/Levine) to deny a four foot eight inch (4,8”) variance from the twenty-five foot (25) eastern side yard setback to build a single-family dwelling twenty feet four inches (20,4,,) from the eastern side yard setback and the motion passed unanimously with one absent. It was moved and seconded (Sager/Levine) to approve a five foot (5) variance to build a single-family dwelling twenty feet (20) from the twenty-five foot (25) western side yard setback and a ten foot (10) variance to build an entrance porch/deck fifteen feet (15) from the twenty-five foot (25) western side yard setback and the motion passed with one absent. Those voting “Yes” Levine Horton and Sager. Those voting “No” Dill. 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 tweive (12) months from the date the variance is granted. 1. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This shall verify all foundation corners comply with the approved site plan. ^ |^ecor^a|ion of the proposed access and utility easement prior to issuance of the building permit. This access easement shall demonstrate ability for a vehicle to turn around without encroaching on other properties. 3. REPORTS None. There being no further business. Chair Horton adjoun at 9:09 a.m. Bill Ho quQlyn Williamson, Recording Secretary