HomeMy WebLinkAboutMINUTES Board of Appeals 2020-07-23
Town of Estes Park, Larimer County, Colorado, July 23, 2020
Minutes of a Regular meeting of the ESTES PARK BOARD OF APPEALS
of the Town of Estes Park, Larimer County, Colorado. Meeting held
VIRTUALLY in said Town of Estes Park on the 23 day of July, 2020.
Committee: Chair, Joe Calvin, Vice-Chair, Don Darling, Brad Klein, Amy
Plummer
Attending: Chair Calvin, Vice-Chair Darling, Klein, Plummer, Community
Director Hunt, CBO Rusu, Attorney Kramer, Recording
Secretary Swanlund, Town Board Trustee MacAlpine.
Absent: none
Director Hunt asked Vice-Chair Darling to act as Chair for this meeting, as Chair Calvin
is the appellant. Darling called the meeting to order at 4:00 p.m
PUBLIC COMMENT.
Name/Town (County) citizen stated comment.
APPROVAL OF AGENDA
It was moved and seconded (Plummer/Klein) to approve the agenda as presented. The
motion passed 4-0.
CONSENT AGENDA
1) Minutes from the meeting held on August 29, 2019.
It was moved and seconded (Plummer/Klein) to approve the Minutes from August 29,
2019. The motion passed 4-0.
APPEAL OF BUILDING DEPARTMENT DECISION FOR THE ESTES PARK WATER
DIVISION
Director Hunt explained impasse on the Code interpretation regarding the Thermal
Envelope requirements for new construction. CBO Rusu stated that he agreed with the
Plan Reviewer that the shop needed to be insulated due to the entire building be included
in the building envelope, as per Code. The Board of Appeals does not have the authority
to waive the requirements of the Code. Staff recommended denial of the appeal.
Joe Calvin, applicant, described the current situation and that the shop level is below the
offices. If the appeal is not granted, the floor will be insulated along with the walls to
maximize energy efficiency. The goal was to improve the thermal insulation as a whole,
and insulating the floor is expensive and of little value. The Energy Code is vague. not
entirely reasonable to work with for existing buildings and appears to be less energy
efficient than the submitted design. An alternate means of compliance is requested in
this situation. The existing building, with concrete walls, makes the addition of R5
insulation ineffective due to the garage doors opening and closing numerous times per
day. The shop/garage will not be used for office space. There is definitive separation
between the office and the shop.
There was an alternate design submitted to appease Safebuilt and get a permit issued;
however the original design is preferred. COVID hit during this time, and conversations
with the Building Department weren’t able to take place. Rusu noted that progress on the
building is not being held up by this requirement.
Discussion on the venting system, air-flow lines and fan mechanics took place.
Darling agreed that the Board does not have the authority to waive Code regulations.
Plummer and Klein concurred that the Code is the Code and the interpretation was
correct.
Estes Park Board of Appeals, July 23, 2020 – Page 2
It was agreed that Calvin and CBO Rusu should meet and attempt to find alternative
means of compliance to show that the intent of the Code is being met. Compromise is
appropriate as long as it doesn’t affect safety.
Attorney Kramer stated that the Board is tasked with approving, denying or continuing the
appeal, or the appellant can withdraw. Calvin stated that if they come to an agreement,
he would withdraw the appeal, even if the agreement was not in his favor.
It was moved and seconded (Plummer/Klein) to continue the appeal of the decision to
Thursday, September 3, 2020, to bring forth more information on this matter for the
consideration of the Board. The motion passed 3-0.
REPORTS
Director Hunt stated that a subcommittee would be formed from the Town Board for an
interview panel to fill the vacant position on this Board.
There being no further business, Vice-Chair Darling adjourned the meeting at 5:33 p.m.
Don Darling, Vice-Chair
Karin Swanlund, Recording Secretary