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HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 1975-11-24RECORD OF PROCEEDINGS Board of Adjustment i/'November 24, 1975 Board: Attending: Also Attending: Chairman Sutter; Members Herzog, Palmer, Prosser, Wagner and Alternate Member Sager Chairman Sutter; Members Herzog, Palmer, Prosser, Wagner and Alternate Member Sager Town Administrator Hill, Town Engineer/Planner Van Horn, and Building Inspector Fairchild KANE - EXTENSION OF SIDE YARD SETBACK VARIANCE: Nicky Kane appeared before the Board of Adjustment and submitted a request for a zoning variance that will permit him to extend his storage-trash ad­ dition an additional sixteen (le1) feet along his east property_line. This structure will extend to within one foot of the property line. Member Palmer moved the above variance be granted subject to the building's use being limited to storage and/or trash. Member Wagner seconded the motion. Upon roll call the motion unanimously carried. BURGESS - SIDE YARD SETBACK VARIANCE: Mr. William Burgess appeared before the Board of Adjustment and submitted a request for a zoning variance that will permit a garage to be built within fifteen (15') feet of the west property line. Member Palmer moved the variance be granted. Member Prosser seconded the motion. Upon roll call the motion unanimously carried. DURWOOD - NOISE VARIANCE: Dr. J. A. Durwood submitted a request for a variance to section 17.32.02 or the Municipal Code. The variance requested is to allow the sound of a carillon to leave the property upon which it is located. Member Wagner moved the variance be granted subject to the following con­ ditions : 1. The carillon shall operate for no more than three minutes at one time. 2. The operation shall be limited to between the hours of 9:00 A.M. and 9:00 P.M. 3. The carillon shall operate no more than once each hour. 4. The carillon's decibel level (loudness) shall not be more than the loudness of tihe Estes Park Bank's chime clock at the respective property linejs. Member Herzog seconded the motion. Upon roll call the motion unanimously carried. } Dr. Durwood was informed prior to th'is meeting that chapter 9.60 of the Municipal Code will not permit the operation of his proposed carillon even though the Board of Adjustment o7rants a zoning variance. RECORD OF PROCEEDINGS Board of Adjustment November 24, 1975 Page Two (2) After considerable discussion the Board of Adjustment decided to recommend to the Board of Trustees an amendment to the Municipal Code (9.60) that would allow uses of the nature of carillons by special review. The Board of Adjustment also recommended the uses be limited to noncommercial opera­ tion. There being no further business, the meeting adjourned. Dale G. Hill, Town Administrator f HARTWELL and BABCOCK AHORNEVS AT LAW Phone 667-3126 211 E. 7th Street P.O. Box 5 lovelond, Colorado 80537 November 24, 1975 Ernest G. Hartwell Colton W. Babcock, Jr. Gregory A. White Mr. Dale G. Hill Town Administrator P. 0. Box 1200 Estes Park, CO 80517 Dear Mr. Hill; I am writing in reply to your request for my opinion as to whether or not the board of adjustment has authority, upon proper petition, to grant a variance from the provisions of section 17.32.020 2 d of the municipal code. Your particular inquiry was whether or not a bell tower could be permitted in a C-1 zoning district by a variance granted by the board of adjustment. It is my opinion section 17.72.040 grants to the board of adjustment all of the authority granted by section 31- 23-207, C.R.S. 1973, of which subparagraph (4) states in part as follows: "Where there are practical difficulties or un­ necessary hardships in the way of carrying out the strict letter of such ordinance, the board of adjustment has the power, in passing upon appeals, to vary or modify the appli­ cation of the regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done." It is my further opinion the board of adjustment must determine that there are no "practical difficulties or un­ necessary hardships in the way of carrying out the strict letter of such ordinance" before it can grant such a variance. The board is given the authority to vary or modify the appli­ cation of the ordinance relating to the use "so that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done." Therefore, the board must also determine that, if it grants the variance, the foregoing quotation will be complied with. It is also necessary, under the requirements of the above cited statute, that the board of adjustment have the concurring f1. Mr. Dale G. Hill November 24, 1975 Page 2 vote of four members before it can reverse any order, require­ ment, decision or determination of any administrative official, or can decide in favor of an applicant in order to effect any variation of the ordinance. It is my further opinion that, in the event the board of adjustment grants a variance to the provisions of title 17, the property owner would be prohibited from using his noise­ making device, because such devices are prohibited by chapter 9.60 of the municipal code. The board of adjustment's authority is limited to zoning variances and not variances to the whole municipal code; there­ fore, it cannot grant variances to the whole municipal code. The only way such a device could be used would be for the board of trustees to amend chapter 9.60 to permit such a device. If the municipal code is so amended, such a device would have to be permitted throughout the town, not just in this particular case and location. If you have any further questions concerning this matter, please advise me. Very truly yours, .-4 704^Ernest G. Hartwel EGH:aeh ~Tr/^c t or jL a/\jo //V THr s. OP' S.E.J^,S. 2^, T.SN.j /2. 7JW. 6Z^P.M, PSTSS P/i/SKj LfliziriErz Coc/a/ty, CojlOfzptdo ScOLE 3 INCH ~ f OO FE E E. A/.89n S7'CO. /ze Dephn DuvieS 0. N.83 \^J^"r.eC- L\n’£ -r C E RTt ElCfiT/G/M. ~f~h/s is fo Certify that on th/s -4 tJ? c/ay of Dccem her /9S3 J mac/e a »5'c/p.hey of tract c/escrtbec/ ahore m JEs fas Far/<} Z ar/mer fEoan tyj Cotara/cto and founc/ the house to be located ent/rty ouithin fhe boundary hnes at the aboy'e described proyaerty as shoia o n tn rs; plat. The /ocation and d/'mension of a/t build/n<ysj /rnprovCnnen fs) eosements or r/^ht of way /n ey^idence or hnoco to rne ahcf. . 1 . i encroachments hy or on this premises ore accurate!y sh ocun. J J ': f-;/ .V; d/'o-urcXi ^//tacyCZ'-d.oAA ■ . Fe^y/'stered JL and Surveyor :f^/P 7lj Jp'. ; • ■'