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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2004-02-03RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 3, 2004, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Also Attending: Absent: Chair Bill Horton, Members Jeff Barker, Wayne Newsom, Al Sager, and Cliff Dill Chair Horton, Members Barker, Sager and Dill Town Attorney White, Planner Shirk Planner Chilcott, and Recording Secretary Williamson Member Newsom, Director Joseph 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 January 6, 2004 meeting. 2. LOT 2. BLOCK 8. COUNTRY CLUB MANOR. 513 COLUMBINE AVENUE. APPLICANT: STEVE AND ANNIE HANSON - VARIANCE REQUEST FROM SECTION 4. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott stated the item was continued from the January 6, 2004 meeting due to a potential conflict with a water line and the uncertain location of the garage. The applicant has had the water lines located and there are no water lines in the rear setback. The original statement of intent stated the building would be a workshop/garage with a garage door facing the driveway. The statement of intent has been revised with the building now being referred to as a workshop/storage building with a garage like door facing the rear of the house. Public Comment: None. It was moved and seconded (Sager/Dill) to approve a five foot (5) variance from the fifteen foot (15) rear yard setback to build a workshop/storage shed ten feet (10) from the rear yard setback 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 approved site plan. 2. Compliance with applicable building codes. 3. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 4. The existing sheds that encroach into property line setbacks shall be removed prior to final inspection. 3. LOT 7. LONE PINE ACRES ADDITION. 1855 N. LAKE AVENUE. APPLICANT: YAKUTAT LAND CORPORATION - ADMINISTATIVE APPEAL SECTION 12.1.C OF THE ESTES VALLEY DEVELOPMENT CODE Planner Chilcott reviewed the staff report. The applicant is appealing the staff decision that “It is the determination of the Town that there was no ongoing business activity of vehicle sales on the property as of February 1, 2000. Therefore, prior to conducting any vehicle sales business on the property including, but not limited to, application for sign permit, building permit and/or business license through the Town, Yakutat must first obtain Special Review for vehicle sales approval under the applicable provisions of the Estes Valley Development Code. This determination was provided by Bob Joseph, Community Development Director, in a letter to Yakutat Land Corporation on December 9, 2003. Staff has made three written RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 February 3, 2004 requests for documentation of the vehicle sales use. To date no documentation has been received except the affidavit signed by Rex Ross Walker on November 17, 2003. Staff considers this insufficient documentation. Planner Chilcott showed the Board a picture taken by Jeff Sigler, Code Enforcement Officer, in 1999 which showed no used car business on the lot. Bill Van Horn of Van Horn Engineering was present to represent the applicant. He stated that a used car lot is a permitted use within this zoning district. The property was developed for the sale of used cars in the 1950’s. He stated the purpose of a special review is to ensure the property meets the public standards set forth in the Estes Valley Development Code. Mr. Van Horn advised the property is already developed and the applicant does not wish to make any changes to the property. The use of the property has been and continues to be a used car lot even though a business license has not been obtained. He stated that a sworn affidavit has been submitted to staff which states that used car sales have taken place on the property without being suspended for a period of greater than one year. Mr. Van Horn indicated that there has not been any other use on this property. He feels the owner should be able to use the property for the use in which it was originally developed for in the 1950’s. Member Sager asked for clarification regarding the sale of individual cars on the lot. He stated the sale of a car on the lot periodically is no different than an individual selling a car parked in front of their home. He is of the opinion that the items requested by Mr. Joseph in his letter to Yakutat Land Corporation are important to prove there were ongoing vehicle sales. Bill Van Horn advised that the applicant must offer a car for sale within a 12 month period to constitute an ongoing use. He stated the sworn testimony confirms this use and there is nothing to refute the testimony. Planner Chilcott reviewed the background information. She stated that Bucky from Sombero Ranches tried to obtain a business license to run a used car lot at 1855 N. Lake Avenue. Planning staff is required to sign off on the zoning for each business license. At this point, Jeff Sigler, Code Enforcement Officer and Alison Chilcott, Planner discussed with Bucky the special review process. After several attempts to submit a professional application failed. Van Horn Engineering was contacted by the applicant. Van Horn Engineering submitted a special review application that was not complete and was eventually withdrawn. Planner Chilcott also stated that Bucky s initial visit was in early July. Planner Chilcott stated that a used car lot was in operation for a short period in July 2003, until Jeff Sigler, Code Enforcement Officer, notified the property owner they were in violation of the Estes Valley Development Code, which requires a special review for a used car lot. Town Attorney White stated the applicant withdrew the special review application because they asserted it was an ongoing use of the property: therefore used car sales on the lot are a grandfathered use. He advised that a used car lot is a permitted use in the CO zoning district. Vehicle auto sales are required to have a special review if it is a new use and not grandfathered. Staff has requested the appropriate records be provided to prove a used car lot business was ongoing on the property. Without proper documentation, it is staffs opinion there was no ongoing business; therefore the applicant would need to apply for a special review. Mr. Van Horn stated we are discussing the use of the land not the business. Licensing is a separate issue from land use. He stated the use (used car lot) was not abandoned. Public Comment: None. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 February 3, 2004 Board Member Barker questioned if the Town has ever stopped this use before. Jeff Sigler, Code Enforcement Officer, stated the sale of used cars falls under a State statue. Under the State statue an individual can sell up to 3 cars per year on their property before it is considered a business. Planner Chilcott stated used cars were being sold on Fish Creek Road and Highway 34 this summer. Both were shut down by the Town. It was moved and seconded (Sager/Barker) this appeal be denied and that Director Joseph’s letter dated December 9, 2003 to Yakutat Land Corporation be upheld, specifically, “...prior to conducting any vehicle sales businep on the property including, but not limited to, application for sign permit, building permit and/or business license through the Town, Yakutat must first obtain Special Review for vehicle sales approval under the applicable provisions of the Estes Vaiiey Development Code.” The motion passed unanimousiy with one absent. 4. ESTES VALLEY BOARD OF ADJUSTMENT BY-LAWS Withdrawn by staff pending approval by the Board of County Commissioners. Town Attorney White stated that the County staff has changes they would like to add to the by-laws. Therefore, the County needs to approve and sign the by-laws before coming back to the Town. 5. REPORTS None. There being no further business. Chair Horton adjou^ed the meeting at 8:55 a.m Bill Horton, Ohalr J^queHyn Williamson, Recording Secretary