HomeMy WebLinkAboutMINUTES Board of Adjustment 1998-08-04BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
August 4,1998
Board:
Absent:
Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom
and A1 Sager
Attending: All
Also Attending: Director Stamey, Senior Planner Joseph and Recording Secretary Botic
None
Chair Baudek called the meeting to order at 8:00 a.m.
MINUTES
The minutes of the June 2, 1998 meeting were accepted as presented.
LOT 20. WHITE MEADOW VIEW PLACE. LINDA BUESING/APPLICANT -
VARIANCE REQUEST FROM SECTION 17.20.040B.l.b OF THE MUNICIPAL CODE.
Applicant is renewing this request (approval to allow two bay window room extensions on the
west side of existing structure) originally requested and denied on 12/02/97. Senior Planner
Joseph reviewed the staff report noting the Applicant has obtained agreement from the
property owner adjacent to the west (Lot 26) that would create a covenant on Lot 26 to
establish a twenty foot wide building setback for the benefit of the Buesing’s lot. The covenant
would be in effect as long as the Buesing residence stands and would be recorded with Larimer
County and run with the land. To assure compliance, the Town would need to create a
mechanism to track its existence so a building permit will not be inadvertently issued for a
building on Lot 26 within the 20' setback at some future date. Mr. Joseph explained an
alternative to the covenant approach would be an adjustment of the property line between Lots
20 and 26 with an amended plat. This approach would have the advantage of providing a means
to proceed with the bay windows and other future improvements without a variance. It would
also be easier for the Town and future lot owners to track.
David Buesing stated he and his wife (Linda) have been working for the last six months with
their neighbor, their Attorney (John Phipps), Town Staff and Town Attorney White to satisfy
the reasons for denial in December 1997. Mr. Buesing stated the covenant is to include only
the two bay windows with no other future intent and the Town will be in total control.
Member Sager asked if ‘trading of property’ has been discussed with Lot 26 owners. Mr.
Buesing has not discussed trading with his neighbors, stating they have stated they are “not
interested in selling their property.”
Member Newsom questioned if Attorney White has approved the covenant and Mr. Joseph
stated Mr. White has reviewed and will approve.
Discussion continued regarding encroachment, tracking, safety (egress from windows) and
whether all options have been fully considered. Member Sager stated all options have not been
pursued to the fullest extent. If ‘trading’ had been pursued, it could have alleviated and satisfied
the Applicant’s request without a variance request.
It was moved and seconded (Newsom/Jeffrey) to approve the variance request for Lot
20, White Meadow View Place with the following conditions and it was approved with
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment - August 4,1998 Page 2
the following votes. Those voting “Yes,” Barker, Baudek, Jeffrey and Newsom. Those voting
“No,” Member Sager. 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 work
thereunder commenced within four (4) months from the date the variance is granted.
• Approval of covenant by Town Attorney White.
• The covenant must be recorded prior to proceeding with completion of the
work.
• This variance applies only to the two existing bay window room additions, and
the granting of this variance does not infer any future entitlement to variances
for other work or room additions that do not conform to required setbacks.
REPORTS - None
There being no further business. Chair Baudek adjourned the meeting at 8:35 a.m.
Roxanne S. Botic, Recording Secretary