HomeMy WebLinkAboutMINUTES Board of Adjustment 1999-02-09BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
February 9,1999
Board:
Attending:
Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne
Newsom and Al Sager
All
Also Attending: Director Stamey, Building Official Birchfield, Town Administrator
Widmer and Recording Secretary Wheatley
Absent:None
Chair Baudek called the meeting to order at 8:00 a.m.
CONSENT
MINUTES ^ ^ ..The minutes of the January 5,1999 meeting were accepted as presented.
PORTIONS OF LOTS 24 & 25, BLOCK 10, TOWN OF ESTES PARK, S,LV^R
MOON LLC/APPLICANTS - VARIANCE REQUEST FROM SECTION 17.20.020
(b)(4), 17.16.030 (4), 17.08.030 (31), 17.24.010 (a)(3). Request from the owner to
continue until March Board of Adjustment. It was moved and seconded
(Barker/Jeffrey) to continue Portions of Lots 24 & 25, Block 10, Town of Es es
Park to the March Board of Adjustment, and it passed unanimously.
REQUESTS
I OT 34 WHITE MEADOW VIEW PLACE SUBDIVISION, 477 SOUTH SAINT
VrIin LSnTe,^ HANKS/APPLICANTS - VARIANCE REQUEST FROM
SECTION 17 20 020 (b)(3). This request is to allow the transfer of six dwe',ing u
^om^^ property owned by the applicants (Lot 34) to an adjacent property across
rom one propeny own« y hh app,icants. Director Stamey reviewed
♦K6 permit the widening and re-alignment
of me Stanley Avenue and Highway 7 intersection. The units as they exist today are
non-conforming as to required lot are® ®ntf||®,ranCsfef oftteunUst^^
S3modestly reducing non-conformance. TownStaHhasrecom^^^^^ (o the
request the required va"an“ Pn°r 1 Board9ofthAdjustment has authority to aliow
va7anncbe0fo?deOn^tyPrstafi recorl^mended approval of this variance with conditions.
Member Sager inquired why Lots 32A and33AX -t >J=binedg Bi« Van
Horn representing the aPP'!chaaJfp:“7edaegd;ehear;,,ehn!i would L neither lot could be
under separate mortgages, howeye , 9 relocated units would be new
sold separately. Mr. Van Horn owned the
construction, in two triplexes. Member Sag q DDiicants owned Lots 31 A,
various lots in question. Mr. Van Horn n^ed owned by
32A and 33A. Lot 34A, which is not involved in this requesi, wouiu
Park National and zoned commercial.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Town Administrator Widmer commented that the Town supports this project for the
benefits of improving a dangerous intersection and providing up to 83 beds for
employee housing. The Town Code for the definition of affordable housing is tied
to the Larimer median income. This project would have a ten year commitment to
employee housing. The rents for the existing units have historically been below the
set affordable rates.
Chair Baudek noted that a variance is good for only four months and it appears this
would not be enough time to accomplish the project. Director Stamey indicated that
the submission of the development plan during this period would be sufficient. Mr.
Van Horn noted that a six month period would be preferable to the applicant.
It was moved and seconded (Sager/Barker) the variance request for Lot 34,
White Meadow View Place Subdivision, 477 South St. Vrain, be approved with
the following condition, and it passed unanimously:
1. Execution of a written development agreement with the town concerning the
Stanley Avenue right-of-way, removal of the existing buildings, and filing of an
amended plat, and commitment to affordable housing. An extension for the
variance was given with the provision that a Development Plan be submitted
within six months.
LOT20, BLOCK 18, TRACT 006, WEBSTER RESUBDIVISION, 143 BOYD LANE,
ART CARUSO/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b)(1) b.
This is a request to reduce the required side lot setbacks. Building Official Birchfield reviewed the
Staff Report. He noted that this lot was less than 1/3 of an acre, with approximately 2/3 of the lot
not buildable due to steepness. The unique shape of the lot also qualified it for variance
consideration. The Municipal Code requires a minimum of ten (10) feet setback from side lot lines.
The applicant is requesting the side setback be reduced to approximately 1.8 feet. The Code cites
specific case variances including the slope of the property. This property has approximately 15%
slope on approximately 70% of the lot. The 1997 Uniform Building Code requires one-hour fire-
resistive construction or prohibits openings less than three (3) feet to lot lines. Another section
requires that projections that are less than three (3) feet to lot lines be one-hour fire-resistive
construction. Section 503.1 of the Uniform Building Code states that the center of an adjoining
public way shall be considered the adjacent property line. Staff is recommending relief because
of the orientation of the existing structure, and because of the steepness of the majority of the lot.
However, the relief should not violate other Zoning and Building Code regulations. Therefore,
recommendation is to provide a required access easement for 157 Boyd Lane, for which there is
no current recorded access easement. This would satisfy the Buiiding Code requirements and
not require fire resistive construction or prohibit doors/windows on the proposed addition and deck.
Member Sager indicated concern over the iocation of a gas and electric meter in the easement
area. Art Caruso representing the applicants ciarified that the meters are actually located on the
side of the building. He also noted that all three property owners involved have agreed to the
easement.
Lonnie Sheidon from Van Horn Engineering inquired what wouid be needed to include the
easement. Director Stamey advised they would need to prepare a deed of dedication with legal
description and drawings to be recorded with Larimer County.
It was moved and seconded (Newsom/Jeffrey) the variance request for Lot 20, Block 18, Tract
006, Webster Resubdivision, 143 Boyd Lane, be approved with the following condition, and it
passed unanimously:
1. An access easement for 157 Boyd Lane be provided and recorded.
REPORTS
There being no further business. Chair Baudek adjourned the meeting at 8.37 a.m.
Meribeth Wheatley, Recording Secretary