HomeMy WebLinkAboutMINUTES Board of Adjustment 1998-11-03BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
November 3,1998
Board:
Attending:
Also Attending:
Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom
and A1Sager
Barker, Jeffrey, Newsom and Sager
Director Stamey, Building Official Birchfield and Recording Secretary
Botic
Absent:Chair Baudek
Vice-Chair Sager called the meeting to order at 8:00 a.m.
MINUTES
The minutes of the October 6, 1998 meeting were accepted as presented.
LOT 3. LAKE VIEW TRACTS. 1000 BIG THOMPSON AVENUE. KIMBALL
BEERY/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (bi (U. OF
THE MUNICIPAL CODE. This is a request to reduce the required 25 ’wide planting buffer
adjacent to Highway 34 to a width of 5' to 10', for additional parking. At the Applicant’s
request this item was continued from the October 6, 1998 Board of Adjustment meeting.
Applicant Les Beery stated when this land was purchased in 1993 a Site Plan was submitted.
At Staff s suggestion the grade was modified and parking concerns with regard to location was
not addressed. Mr. Beery requested relief as the building is on a hill, he does not anticipate
CDOT widening the highway and believes this variance would alleviate safety/traffic concerns.
Landscape would be added to allow for visual screening. Mr. Beery stated there are many
businesses along Highway 34 which are not in compliance with the setback requirement and
enforcement to his property would be discrimination. Kerry Prochaska, Applicant’s
representative, noted the site constraints - Estes Park Sanitation sewer line for which Applicant
has granted an easement. He stated it is impractical to move the sewer line and grades were
modified in the original development, and due to safety and five years of working experience
a need exists for relief.
Director Stephen Stamey read the Staff Report (dated 09/29/98) prepared by Senior Planner
Joseph. (Mr. Joseph was unable to attend due to a training commitment.) This Memorandum
outlined the development history of the site, and pointed out that site development options
could have been incorporated both the buffer and parking alternatives. Supporting
documentation (Staff report dated 07/14/93 and Planning Commission Minutes dated
07/20/93) were also presented by Mr. Stamey. Chair Sager emphasized Municipal Code
sections 17.24.010 and 17.24.020.
Mr. Beery referred to the same documents noting they did work with Staffs suggestions.
Discussion continued with Mr. Beery, Mr. Prochaska and Commissioners regarding the sewer
line, location of buildings on this site, other buildings along the highway that were built prior
to current standards, safety incidents, and Commissioners noted the requirements to grant a
variance. It was noted that The Apenzell has been built to current setbacks standards.
Stating the conditions have not been sufficiently met to grant a variance and noting the
original design could have been altered to provide alternative parking, it was moved
and seconded (Barker/Jeffrey) to deny the setback variance request for Lot 3, Lake View
Tracts, 1000 Big Thompson Avenue, and it passed unanimously.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment - November 3,1998 Page 2
Chair Sager noted the platform and furniture currently displayed at this location is in violation
of the zoning ordinance and the tenant has been advised. Mr. Sager requested Mr. Beery’s
(landlord/property owner) attention to this matter.
REPORTS - None
There being no further business, Vice-Chair Sager adjourned the meeting at 8:32 a.m.
Roxanne S. Botic, Recording Secretary