HomeMy WebLinkAboutPACKET Town Board 2002-03-12.. Prepared 03/07/02 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 12, 2002 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 26,2002. 2. Bills. 3. Committee Minutes: A. Public Safety, March 7,2002: Police Dept.: 1. M.O.U. w/Larimer County Mental Health for Mental Health Services. 4. Estes Park Housing Authority, February 9,2002 (acknowledgment only). 5. Estes Valley Board of Adjustment, March 5,2002 (acknowledgement only). 6. Estes Valley Planning Commission, February 19, 2002 (acknowledgement only). 7. Requirement List for New or Transfer of Ownership Liquor License Applications - TIPS Training. Amend training deadline. l A. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). If the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item, a formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. AMENDED PLAT. Amended Plat of Lot 1, Mary's Lake Subdivision, Rocky Mountain Evangelical Free Church/Applicant. Vacate and replace existing utility easement. 2. FINAL PLAT. Solitude Subdivision, Lot 1, Carlson Addition, Fish Creek Properties, LLC/Applicant. 1 Continued on reverse side
. 2. ACTION ITEMS: 1. PUBLIC HEARING: PRELIMINARY CONDOMINIUM MAP. 541 LONE PINE DRIVE, BRADLEY & EUNICE WITT/APPLICANTS (Victorian Antlers). Condominiumizes, and delineates interior boundaries of 4 retail units, two existing apartments and one office unit. A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 2. PUBLIC HEARING: PRELIMINARY & FINAL CONDOMINIUM MAP. UNIT 1. MARY'S LAKE LODGE CONDOMINIUMS, MARY'S LAKE LODGE LLC/APPLICANT. Condominiumize 16 accommodation units in the hotel. A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 3. RESOLUTION #6-02 - MUNICIPAL ELECTION. 4. TOWN ADMINISTRATOR'S REPORT. 5. · ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2
. 1 Town of Estes Park, Larimer County, Colorado, February 26,2002 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 26th day of February, 2002. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Stephen W. Gillette Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Mayor Baudek expressed his appreciation to Salt Lake City for their impressive job in hosting the 2002 Olympics. 1. CONSENT AGENDA (Approval of): 1. Town Board Study Session minutes dated February 11, 2002, and Town Board minutes dated February 12, 2002. 2. Bills. 3. Committee Minutes: A. Light and Power, February 14, 2002: 1. Baldpate-Big Owl Three-Phase Upgrade & Big Thompson Three- Phase Conversion - Approval of construction contract with Hamlin Electric, $758,935.65. 2. Fall River Hydro Plant - Approval of bridge purchase and additional site work, Continental Bridge, $34,000. B. Public Works Committee, February 21, 2002: 1. 2000/2001 Water Loop Projects - Approval of Change Orders, $20,082. 2. Municipal Building Receptionist Areas/Completion of alarm system - Approval of expenditure, $10,600.
2 . Board of Trustees - February 26,2002 - Page 2 3. New Board Room Voting System - Approval of Change Order, $7,400. 4. Resolution #5-02 - Set public hearing date of March 26, 2002 to consider New Hotel and Restaurant Liquor License Application filed by Fiesta Mexicana, Inc., dba FIESTA MEXICANA V, 222 E. Elkhorn Ave. (El Centro Building). It was moved and seconded (Newsom/Doylen) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. ESTES VALLEY LAND TRUST - LETTER AGREEMENT & OPEN SPACE AGREEMENT FOR THE KNOLL PROPERTIES. Town Administrdtor Widmer reviewed the agreements as originally presented and reviewed at the 2/12/02 Town Board meeting. Trustee Doylen noted that these documents have addressed her concerns. Jim Crain expressed the Land Trust's appreciation to the Town Board for their support and consideration. It was moved and seconded (Doylen/Newsom) the Letter Agreement and Open Space Agreement for the Knoll properties with the Estes Valley Land Trust be approved, and the motion passed unanimously. Administrator Widmer added that the Master Plan process will be initiated within the next month, a citizens advisory committee, representing all segments of the community, will be named, and they will assist in the planning effort by providing oversight in the planning process. The Board expressed their appreciation to the EVLT for their efforts on this project. 2. TREE BOARD - *NNUAL REPORT. Street Supt. Speedlin summarized the Tree Board's goals achieved in 2001, and he responded to a question raised regarding the mixture of latex paint and sand being applied to trees to mitigate damage caused by wildlife. Dale Verbeck suggested that perhaps the trees damaged by beaver could be converted into an educational exhibit for the public. Supt. Speedlin also commented on the main-street trees where cottonwoods and aspen are being replaced with ash and the Memorial Program Plague and information on display adjacent to the Utility Billing Window. Mayor Baudek expressed the Town Board's appreciation to the Tree Board for their efforts on behalf of the Town. . I 3. ESTES PARK URBAN RENEWAL AUTHORITY - PRESENTATION OF 2002 PROPOSED WORK PROGRAM. EPURA Chairman Putney presented and reviewed EPURA's 2002 Work Program that is focused on the West Corridor, specifically (1) Redevelopment of the Bob's Amoco Site, (2) Performance Park (including a kayak course), and (3) Tallant Park parking. Costs associated with each project was discussed, and EPURA Exec. Dir. Smith noted that grant funding is being pursued, as there are insufficient EPURA funds for construction of these three projects at this time. Trustee Newsom complimented EPURA for their past projects that benefit tourists and citizensalike. 4. ESTES PARK VOLUNTEER FIRE DEPARTMENT - ANNUAL REPORT. Fire Chief Dorman presented the 2002 Year End Reports: Financial, Training, and Incident Run Reports. The following Officers were re-elected: Daryl McCown, First Assistant Chief, Larry Pettyjohn, Second Assistant Chief, Jon Landkamer, Secretary, and Doug Deats, Treasurer. Mayor Baudek complimented Chief Dorman for the report. t
I I Board of Trustees - February 26,2002 - Page 3 5. TOWN ADMINISTRATOR'S REPORT. A. Sales Tax. Year-end 2001 revenues indicate a 4.0% increase from 2000, and specific sectors were reviewed. The Advertising and Marketing Departments are working on addressing the downward trends evidenced in the accommodations and retail sectors in the year-end report. B. Town Board Room Remodeling Project. Insulation is being installed; the roof structure has been placed; and the AV equipment will be installed when all construction is completed. A mid-April completion date is anticipated. Following conclusion of all agenda items, Mayor Baudek adjourned the meeting at 7:45 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk
I . RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 7,2002 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 7th day of March 2002. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: All Absent None Also Attending: Assistant Town Administrator Repola, Police Chief Richardson, Fire Chief Dorman, Deputy Clerk van Deutekom Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT U Larimer County Mental Health Memorandum of Understanding (MOU) - Approval. Chief Richardson presented the MOU between the Town and the Larimer Center for Mental Health outlining specific activities and responsibilities of each organization. Town Attorney White has reviewed the MOU. The Committee recommends approval of the MOU between the Town and the Larimer Center for Mental Health as presented. REPORTS Municipal Court - Annual Report: Municipal Court Judge Gary Brown presented the Annual Municipal Court Report for 2001. A total of 583 cases were heard by the Court resulting in fines of $27,674, compared to 638 cases and $28,232 in 2000. Parking fines processed during 2001 totaled $405, compared to $3,245 in 2000. Other areas discussed include parking issues, participation in community education programs, community policing, development of new fine management system, the Board Room remodel, and case trends. E.P.P.D. Assessment Report. Following a thorough review of the draft report presented at the February meeting, staff was directed to prepare a final report. FIRE DEPARTMENT (EPVFD) Personnel. Kelly Claypool was hired as a part-time Secretary 11 for the Fire Dept. and will begin work on March 701* REPORTS None. There being no further business, Chairman Gillette adjourned the meeting at 7:38 a.m. f.*L Ad*L Rebecca van- Deutekom, CMC, Deputy Town Clerk
Estes Park Housing Authority (EPHA) Board Meeting Date: January 9,2002 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson & Karla Porter Members Absent: Staff Present: Sam Betters, Carolyn Coffelt, & Jean Michaelson Others Present: Guests: Mary Bauer, Jack Dinsmoor, Michelle Johnson, Wanda Rense, & Sarah Rhodes- The January 9th meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:40 a.m. in Room 203 of the Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes, comments, or questions to the December 12th minutes. Lee Kundtz asked for changes to be made in reference to tax credits and having value to non-profits. Sue Doylen entertained the motion to approve the minutes with the changes mentioned. Louise Olson motioned to approve the minutes as indicated, and Lee Kundtz seconded. Unanimous approval. MONTHLY FINANCIAL REPORTS Cleave Street Due to the excellent management of Ponderosa Realty & Management of Cleave Street, it continues to do well. It is looking better for this fiscal year end than anticipated. Income is up a little bit from projections, and Operating is under budget. Utility expenses are under budget as well. There is a net loss of $1200 ofthat $9290 is depreciation expense. Cash flow is pretty good. Balance sheet showing nice balances in both cash accounts. Cleave Street is doing well. The tenant report is reflecting $70 owned to Cleave Street; $80 owned from one tenant and a $10 credit from another. One owing tenant vacated January 1St because he lost his job. An application was given to Jean Michaelson for another potential tenant. The only emergency that has occurred was during Thanksgiving; the pump went out on the broiler, and otherwise, Ponderosa has not heard any complaints. Cleave Street will be painted in the Spring. EPHA Management Company Like Cleave Street, the management company is doing well. The assistance from the Town of Estes Park has helped. We haven't spent any of the land acquisition funds. We have over spent $20,000 in predevelopment activities. $40,000 has been spent on Dry Gulch to date. Also reflected in this months statements under income is the $10,000 additional monies the Town of EPHA January Board Minutes - Page 1 of 4
Estes Park saw fit to support. The Town of Estes Park was noted for its generosity in supporting affordable housing as is evidenced on the balance sheet. EPHA shall continue to earn their support. Eric Blackhurst motioned to approve and acknowledge the financials received and Louise Olson seconded. Unanimous Approval. COMMITTEE REPORTS-none REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Dry Gulch The Dry Gulch development plan will be presented to the Town of Estes Park Planning Commission on Tuesday, January 15 at 1:30 p.m. Sue Doylen indicated that the Board's support and commitment to this project during the public hearing may be valuable. Any Board members that can be present will be appreciated. Jean Michaelson williet Board members know if the Dry Gulch presentation is the first item on the Planning Commission agenda. Jean Michaelson indicated that Novogradac & Company, LLP was selected to do the Market Study for Estes Park. The market study will be needed for the Low Income Housing Tax Credit (LIHTC) Application which is due in February, 2002, to Colorado Housing & Finance Authority (CHFA). Eight market study RFPs (request for proposals) were sent out, and 6 busidesses responded. The fees ranged from $5,000-$10,000, with Novogradac charging $6,500. The selection was based on research and verification of references. Novogradac has already begun the process and will have the reports to us by January 14-15m. The floor plans and elevations were reviewed for Dry Gulch. The plans have come a long way from the initial ones. There were some questions thatrwill have to be addressed to the Planning Commission about floor area ratio and how its configured for unoccupied space on the ownership units. Sam Betters will ask for a variance if it is part of gross floor coverage, so the tenant can utilize the space. We will not be asking for more density, just better use. Another discussion ensued about whether the entrances should be enclosed or open because of high winds on the rental units. The Board felt that opened gave.a more inviting entrance, and required less maintenance. Prices have not been established yet for.the units. Sam Betters to ask for bids on the cotton insulation product for common walls which is suppose to be a better sound barrier. On the clubhouse, the floor ratios are the same issue as above which may lend itself to a walkout. Place a door to the mechanical room, and ask the Planning Commission about unisex bathrooms. Sue Doylen would like to see the mechanical room under the main floor, but this is contingent on the issue with gross floor ratios. Section 8 Vouchers Sixteen letters were sent out on the 14 vouchers available for rental assistance. Jack Dinsmoor and Peggy Conrad have conducted several inspections on Lonetree as the vouchers can be used there. EPHA January Board Minutes - Page 2 of 4
Letters were also sent out early November on the 15 mainstream (disabled) vouchers available. To date, 8 applications have been received. Louise Olson and Jack Dinsmoor will assist in calling this clientele as they may need assistance in understanding the process. The Loveland Housing Authority is also checking into whether the vouchers can be given to a child within a household. Jean Michaelson asked whether she should open the process up again to receive more applications for the mainstream vouchers. The Board agreed to do this. A formal legal notice will be opened to the public. Sam Betters presented resolution #9 to the EPHA acknowledging receipt ofthe 15 additional Mainstream Section 8 vouchers. RESOLUTION #9 was presented indicating the Board has reviewed and approved acceptance of 20 Section 8 vouchers for 2000. For 2001, 14 were accepted plus EPHA agrees to accept the additional 15 Mainstream (special needs) Section 8 vouchers for use in the Estes Park community; 49 total. Sue Doylen asked for a motion to adopt and approve Resolution #9. Louise Olson motioned to approve and Eric Blackhurst seconded. Unanimous Approval. USDA Rural Housing Y Rural Housing will have mortgage funds available for home purchasing. $139,120 will be made available to 50% AMI or below, and $208,800 for 50-80% AMI. This is a wonderful program, but market conditions in Estes Park make it difficult. Rental Survey Jack Dinsmoor, a volunteer for the EPHA, completed a rental survey for 2001. He reflected availability by homes, apartments, cabins, and condominiums by bedroom size and average rents. He is working with the Trail Gazette to gather the statistics. Bank Account Sam indicated that a bank account needed to be opened for Dry Gulch at Bank of Colorado. This is separate from operations. This checking account is where the grant monies will be placed. He distributed the appropriate forms for signature. Capitalization Policy EPHA does not have a capitalization policy. Sam Betters presented a resolution to approve a capitalization policy. RESOLUTION #8 was presented indicating the Board has reviewed and approved a capitalization policy for EPHA. The Board has determined for budgeting and control purposes, all non-expendable equipment which costs $2,000 or more and has a useful life expectancy of one year or more, will be capitalized and depreciated. Equipment less than that with the same life expectancy, shall be expensed and accounted for in inventory records. All expendable items which costs $500 or less, should not be inventoried or capitalized. EPHA January Board Minutes - Page 3 of 4
I f this Capitalizalion Policy beconies cumbersome and oul ot'contro], it can bc amended. Given th:it, Sue Doylen asked for a motion to approve Resolution S. Lce Kimdtz motioned his approval to adopt Resolution 8, and Louise Olson scconded. Approved unanimously. Board Member Resignation 1.ouise DIson will not rencw her tcrin as a Board member bcyond April, 2002. This Board works exireincly well together and has accomplished a lot. The Board's hope is to find someone as passionatc mid caring as Loilise hits been. Jean Michae]5011 presented information on how to procecd obtaining another Board member, Applications will be available for pick up from Amy at tlic front desk of the Municipal Building. Al),101.1RN Eric Blackhurst entermined a motion to go into.Executive Session, and Louise Olson seconded. Eric siled the following statutory citation in reference to lopic discussions in the Executive Session: C.R.9. Sci·tion 24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. Topic of Dkcussion: 1.and Negotiation Mailer lo he I)iw:tissed: Sanic as above The meeling adjourned at 10.40,a.m. It should be Boted that the next Board Meeting on February 13,2002, will be held in tile Board Rooni. Rcspecifully submitted, Caro!91 Co ffelt Secretary
MAAD/OROPUILISHINGCO RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment March 5,2002,8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Joe Ball, Members Jeff Barker, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Ball, Members Barker, Newsom and Sager Also Attending: Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent: Judy Lamy Chair Ball called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the January 8,2002, meeting were accepted as presented. 2. LOT 6, TENBROOK RESUBDIVISON, LESS THE SOUTH 67.5 FEET; 350 VIRGINIA DRIVE, APPLICANT: WILLIAM BARLOW-VARIANCE REQUEST FROM SECTION 6.3.C.2 AND SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant requests a varidnce to Section 4, Table 4-2 "Base Density and Dimensional Standards Residential Zoning Districts" and Section 6.3.C.2. "Alteration/Extension of Nonconforming Structures Limited" of the Estes Valley Development Code. The applicant proposes to expand the existing house, which is nonconforming as to the "IRM" Multi-Family Residential zoning district front and side yard setbacks. Specifically, this is a request for a twenty (20) foot variance from the mandated twenty-five (25) foot front yard setback, to allow the extension to be built five (5) feet from the front lot line. The proposed expansion involves the expansion of the kitchen and addition of a living room, carport and deck. Converting the existing two-story house from an approximately five hundred seventy three (573) square foot home to a two-story, approximately eight hundred six (806) square foot home with a new deck of approximately eighty (80) square foot. The lot is undersized for the zoning district. The minimum lot size for the "RM" Multi-Family Residential zoning district is 40,000 square feet. The size of this lot is 0.0561 acres (2,445 square feet). The existing one-story house was built in 1924 and is nonconforming as to the twentrfive (25) foot front yard setback and the ten (10) foot side yard setback. The house is five (5) feet from the front (northern) property line and one (1) foot from the side (west) property line. The proposed front yard setback variance would allow the petitioner to build very close to the right-of-way, five (5) feet away. However, the existing right-of-way, at approximately one hundred forty (140) feet wide with an approximately fortrfive (45) foot wide paved road, is not narrow. This existing house is already five (5) feet from this right-of-way. The applicant could reduce the variance request by three (3) feet, requesting a seventeen (17) foot variance to the twenty-five (25) foot front yard setback, allowing the applicant to build eight (8) feet from the property line. This could be achieved by shifting the proposed addition three (3) feet south, i.e. ten (10 feet) from the south property line. However, according to the applicant shifting the addition three feet would create problems with the interior layout of the house. No issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.
BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 5,2002 Page 2 Board member Sager requested clarification on which side of the house* is being considered the front and rear setback lines. It appears that the only access is along 352 Virginia Drive. He is concerned whether or not the access would be vacated. Planner Chilcott discussed the address and access with building official John Allman. The access has been vacated. Staff discussed with the Board what should be considered the front and rear side yard. Board member Sager stated the application needs to recognize the need for a front, rear and side property line variance. The application does not request a west side setback; however the house is already within the setback by 9 feet. Applicant, William Barlow, 350 Virginia Drive, owner of subject property, was present to answer questions. Recognizes that the west side yard is within the required setback. Thd property owner purchased the home in its current state, which was built prior to the current Code. Mr. Barlow stated shifting of the addition would create problems with the layout of the house. 7 Public Comment: None. Based on Staff findings, the smallness of the lot, and recognizing that the west side of the house is already within the setback it was moved and seconded (Newsom/Sager) to approve the variance request to allow for a twenty (20) foot variance from the mandated twenty-five (25) foot front yard setback and to allow the extension to be built five (5) feet from the front lot line, with the following conditions and it passed unanimously with one absent. 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 the work commenced within twelve (12) months from the date the variance is granted. 1. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 3. LOT 16, GRAND ESTATES ADDITION: 1260 BIG THOMPSON AVE., APPLICANT: WALLACE & LAURINE BURKE TRUST - VARIANCE REQUEST FROM SECTION 4.4, TABLE 4-5 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant requests a variance to Table 4-5 "Floor Area Ratio" for the «A" District of the Estes Valley Development Code. Specifically, the applicant wishes to deviate from the maximum FAR of.25 to a FAR of.26 to allow for the enclosure of an existing stairwell located along the western sid6 of the main building. This would result in a net increase in floor area ratio of the existing .2627 to .2634, and would have a minimal effect on the existing development or surrounding neighborhood. Only the stairwell would be enclosed; no other building is proposed at this time. The lot is currently non- conforming as to FAR, and was built prior to adoption of a FAR requirement. It is Staffs opinion these two factors provide special circumstances. The net increase would be minimal. The essential character of the neighborhood would not change. Three options exist that would not require a variance: applicant could reconfigure the interior office space to allow for the stairwell, convert 4,540 square feet of existing accommodation unit up to an additional (3) employee housing units, or amend the plats of Lot 15 and 16, Grand Estates Drive to
BRADFOAD PUBLISHING CO, RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 5,2002 Page 3 increase Lot 16 size to allow for a conforming FAR. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Board member Sager asked for clarification as to why there is more area included then just the stairway in question. Lonnie Sheldon of Van Horn Engineering was present to representing the applicants. He stated this is a small variance request, and it would seem to be the least deviation at this time. This is a foot traffic pattern issue for the staff of the hotel. The enclosed area will be 25 foot by 4 foot for a total of 100 feet. The impervious coverage would not change. Staff answered questions regarding the FAR code. Public Comment: None. Based on Staff findings, it was moved and seconded (Sager/Newsom) to approve the variance request to allow for a maximum FAR of.2634 to allow for the enclosure of an existing stairwell located along the western side of the main building with the following conditions and it passed unanimously with one absent. 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 the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the submitted site plan. 4. TRACT 3, WELLS SUBDIVISION: 3505 ST. FRANCIS WAY. APPLICANT: SARAH RHODES - VARIANCE REQUEST FROM SECTION 5.2.D.4 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant requests a variance to Section 5.2.D.4 "Maximum Building or Structure Size" of the Estes Valley Development Code to allow a 4,800 square foot accessory structure. Specifically, the applicant wishes to construct a workshop for the restoration of antique fire trucks and an 0-scale model railroad. Sarah Rhodes currently owns the lot, with Doug and Cheryl Klink proposing to purchase the lot and construct the accessory structure. The Klink's propose to remove the existing bam structure and corral fence, and build a new two-story workshop. The maximum allowed building or structure size with in the RE-1 zone is 1,000 square feet. The requested variance is substantial with an increase of 380 percent. There are no special circumstances or conditions associated with this lot. Other lots located in this subdivision are of similar size. There can be beneficial use of the property without the variance. The essential character of the neighborhood may change as a result of the variance. Additional septic systems may be required, and will be limited in the allowable discharge. The applicant is fully aware of the maximum allowable accessory structure. The proposed structure could be built within a commercially or industrially zoned district. Section 5.2 "Accessory Uses and Accessory Structures", sub-section A.4.a states, "The accessory use or structure shall be clearly incidental and customarily found in connection with the principle use". It is Staffs opinion the proposed antique fire truck restoration workshop is not clearly incidental or customarily found in connection with single family residential uses. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. The requested variance does not represent the least
BRADFOROPUILISHINGCO RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 5,2002 Page 4 deviation from the regulations that will afford relief. Planner Shirk read the Staff finding into record. Board member Barker asked if this structure was attached to the existing home would there be a need for a variance. Planner Shirk advised there would not be a need for a variance; however they would be limited to a 1000 square foot garage. Bill Van Horn of Van Horn Engineering was present to represent the applicant and the potential buyers. Mr. Van Horn stated the FAR code is too general and the code was adopted to limit the crowding of buildings in a neighborhood. He stated that if the structure to be built were a bam and not an accessory building there would be no variance required. Committee should recognize that Sarah Rhodes owned this property before the code was adopted. She was unaware of the new code or the impact it would have on her property. This limitation affects the value of the property, which is a hardship to the property owner. He *stated this is not a substantial variance. The Staff finding states this is a 480 percent increase of the allowable size, which is incorrect and should be stated as a 380 percent increase. The County comments have been addressed. This would not be a good use of the limited commercial land of Estes Park. Mr. Van Horn states that this is basically an issue of terminology, whether you call it a barn or a workshop. The overall size of the lot is what should be considered. The neighboring lots have a higher percentage of total coverage then the Rhodes property is allowed. . Board member Sager questioned whether the applicant would agree to Attorney Greg White's deed restriction in the event this variance is approved. Mr. Van Horn supports the deed restriction, along with the other Staff conditions. Board member Barker asked why the new structure is not simply attached to the existing home. Mr. Van Horn stated they would take down the axisting barn and build the new workshop on the same disturbed site. Public Comment: Susan Anderson, 3495 St. Francis Way, spoke in favor of the workshop. The Klink's have worked closely with the neighbors and have assured them there would be no increase in noise or traffic. The neighbors feel this would be a benefit to the overall neighborhood. The Klink's have agreed to a conservation easement for the wetlands, which is currently used as a horse pasture. Chair Ball read the neighbor's letter into record. Gill Anderson, 3495 St. Francis Way, spoke in favor. Supports the change in use from horse property to a workshop. Gary Coleman, heighbor within site distance of the Rhodes property, questioned whether this would set a precedent. He stated this is a great alternative to a 2400 square foot barn. He would like to see a somewhat smaller foot print. Planner Shirk stated all variance request; are evaluated individually, and , reiterated it was Staffs opinion the submitted conditions are of so general a nature that the variance should not be granted. Board member Sager asked that the applicants representative to clarify the conservation easement. Mr. Van Horn stated that the conservation easement is
BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 5,2002 Page 5 under discussion. Doug Klink stated that the conservation easement has been discussed with the Andersons. The fine print of the agreement has not been finalized; however he feels this dasement will be adopted. Board member Barker asked the potential buyers if the deed restriction included a clause restricting the use of hor§es on the property would it be a concern. Mr. Klink stated that such a restriction would be agreeable. Board member Sager inquired of the staff regarding the guidelines for landscaping. Planner Shirk stated the development code does not require landscaping; however specific landscaping conditions can be required. It was moved and seconded (Newsom/Barker) to approve the variance request to allow for the Accessory Building with the exception that the deed restriction state the property would not be used for horses in the future. Amendment to the motion was requested. The Board suggested and recommended landscaping along side the building and a conservation ' easement for the wetlands be added as a condition of approval. It was moved and seconded (Newsom/Barker) to allow for the Accessory Building with the following conditions and it passed unanimously with one absent. 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 the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with a revised site plan, which should accurately reflect property lines 2. Recording of a Land Use Affidavit stating the accessory structures are for personal use only. This Land use Affidavit shall be subject to review and approval by the Town Attorney. 3. The building shall be constructed with materials chosen to match the existing character of the neighborhood. 4. In addition, the Board suggested and recommended landscaping the proposed structure and a conservation easement placed over the wetlands on the property. 5. REPORTS Board member Sager stated that he had a recent discussion with Planner Shirk regarding the signing of subject properties. He would like to see signs placed on the subject properties as done in the County to identify the sites with variance requests. Matthew Heiser of Van Horn Engineering stated there would be no problem with placing the signs. Board member Barker supports having the signs and feels it would be helpful for the adjacent property owners as well. There being no further business, Chair Ball adjourned the meeting at 9:45 a.m. Joe Ball, Chair Jacquelyn Williamson, Recording Secretary
BRAD'OROPUILISHINGCO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission February 19, 2002, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Cherie Pettyjohn, Commissioners Wendell Amos, DeeDee Hampton, Joyce Kitchen, Edward Pohl, Ed McKinney, and Dominick Taddonio Attending: Chair Pettyjohn, Commissioners Amos, Hampton, Kitchen, Pohl, and Taddonio Also Attending: Town Board Liaison Habecker, Town Attorney White, Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent: Ed McKinney Chair Pettyjohn called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated January 15, 2002. b. AMENDED PLAT, LOT 1, MARY'S LAKE SUBDIVISION Applicant: Rocky Mountain Evangelical Free Church -Vacate and replace existing utility easement. Conditions of Approval a. The reference to reception No. XXX in Note No. 3 shall be corrected to the appropriate reception number. b. The unnamed right-of-way bordering the southern property line shall be labeled Kiowa Drive right-of-way, as labeled on the Final Plat of Mary's Lake Subdivision. c. An Improvement Guarantee shall be submitted along with final construction plans for utility relocation (one paper copy and one digital copy), or all improvements should be completely installed/upgraded prior to Town Board approval of the plat and a two-year warranty for workmanship and materials should be filed prior to Town Board approval of the plat per §10.5.K. d. Unless otherwise noted, all conditions shall be met by March 5,2002 to be placed on the March 12, 2002 Town Board Agenda. c. MINOR SUBDIVISION, AMENDED PLAT OF LOT 48 AND A PORTION OF LOT 47, STANLEY HEIGHTS SUBDIVISION Applicant: Larry & Donna Coulson - Withdrawn, rezoning denied. It was moved and seconded (Pohl/Kitchen) that the Consent Agenda be accepted as presented with the addition of the Conditions for b. Vote was unanimous with one absent 2. PUBLIC COMMENT None. 3. PRELIMINARY CONDO MAP, VICTORIAN ANTLERS, Applicant: Bradley and Eunice Witt Planner Shirk reviewed the staff report. This is a request to condominiumize an existing commercial retail and residential building that was approved with Development Plan 96-10. The condominium includes additional retail space, which is a change to the development plan. The exteriorof the building will not change, only interior renovation and reconfigured parking (without an increase in parking lot area). The proposed condominium i served with adequate public facilities, as required by the previously approved development plan. The Estes Park Planning Commission approved Development Plan 96-10 in June 1996. This development plan provided for commercial retail and residential land use, along with specific parking and landscaping requirements. Development Plan 96-10 requires a minimum of 26 parking spaces; the proposed condominium map provides 23. The condominium map includes the replacement of 6 garage parking spaces with retail space. This is a net decrease of parking, with a net increase in parking requirement. The additional retail space would raise the total required parking spaces to 27. The required number of parking spaces could be obtained by re-striping the
BAADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - Jinuary 15, 2002 Page 2 existing parking lot. Development Plan 96-10 required that all disturbed areas shall be reseeded with native grass/wildflower mix. The applicant has agreed to de-weed and reseed this summer. . The proposed condominium map is in conflict with the existing approved development plan; an amended development plan should be a condition of approval. The amended development plah should delineate the additional parking spaces and clarify the garages are to be used for commercial space. Building Permit 6209 was issued in June 1997, with a temporary Certificate of Occupancy issued in September 1998. The condition of the temporary Certificate of Occupancy was to install the required landscaping. The landscaping was never installed, therefore the final Certificate of Occupancy was never issued. Upon successful. "revegetation" this sumrher, the building will be eligible for a final Certificate of Occupancy. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of bublic services. I , Commissioner Poh[ asked for clarification regarding Bill Linnane's memo dated February 4, 2002, regarding the need for additional tap fees. Staff advised this was'regarding an earlier plan and that there would be no additional dwelling'units. Ross Stephens of Cornerstone Engineering was present to represent the applicant. He ad#ised . the parking lot would be re-striped to give a total of 25 parking spaces. There are also 14 parking spaces that are shared with the Ark. Those spaces were not included in the total count. The property owners agree to de-weed and reseed this spring. Attorney White advised that it is Staffs opinion it would be unfair to penalize the current owners for the previous owners lack of landscaping required to obtain a final Certificate of Occupancy back in 1996. There would have been no indication to the new owner when he purchased the property that the landscaping needed to be completed. Commissioner Taddonio commented that there seems to be a discrepancy regarding the number of parking spaces required. Staff advised that they would look at the parking issue during the amended development plan to decide how many spaces would be adequate. Public Comment: None. It was moved and seconded (Amos/Hampton) to recommend approval to the Town Board of Trustees of the· Preliminary Condo Map, Victorian Antlers with the following conditions, and it passed unanimously with one absent. 1. Submittal of a certificate by An attorney, duly licensed to practice law in the State, certifying that the proposed owners association complies with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq. C.R. S.). 2. The final condominium map shall contain a surveyor's certification that the map contains all the information required by the Colorado Common Interest Ownership Act. 3. A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval. 4. Submittai of a revised Development Plan 96-10 incorporating the proposed additional retail space. Said plan shall provide for required parking spaces, be subject to Staff level review, and submitted prior to the final condominium maD. 5. The applicant shallde-weed and reseed the area between the structure and Lone Pine Drive, as well'as the area to the north of the structure. The area shall be reseeded with native grass/wildflower mix, and shall be accomplished no later than July 2002. (To include the area to the North 6f the building) 4. DEVELOPMENT PLAN 02-03, EPCO INC., LOT 1, EPCO SUBDIVISION, Applicant: Dennis K. Brown Planner Shjrk reviewed the staff report. This is a request by El CO, Incorporated for a Development Plan to build eight (8) multi-family residential units in addition to the five (5) existing units on Lot 1, EPCO Subdivision. The site is located on the west side of MacGregor Avenue between Bond Park and Wonderview Avenue. The proposal includes a landscaping plan, will pave existing dirt access drive, update sanitary sewer and underground the electric
13./.FOR/Pul/1/HING.O. RECORD OF PROCEEDINGS Estes Valley Planning Commission - January 15, 2002 Page 3 lines, and will provide a sidewalk along the west side of MacGregor Avenue. The submitted proposal complies with zoning standards set forth in Chapter 4 "Zoning Districts" of the EVDC. A complete grading plan should be submitted with final construction plans, and should meet the requirements set forth in Section 7.2.B "Grading Standards" and Appendix D.VI "Erosion Control" of the EVDC. The plan includes a 5-foot wide pedestrian path to be located along the west side of MacGregor Avenue. The sidewalk shall be installed prior to issuance of final Certificate of Occupancy. It is Staffs opinion the landscaping plan satisfies the intent of the landscaping requirements. Proposal shall comply with Section 7.8.G.1.c 'Fencing". This proposal meets the applicable parking requirements. The final development plan should either include an access easement along the western property line, along with provision for a drive, or documentation verifying the abandonment of the easement. As per memo from Public Works, storm water detention shall be required. Estes Park Sanitation District has approved the general sanitary sewer plan. This proposal meets ISO fire flow calculations. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Prior to individual sale, a condominium map will be required for review by the Planning Commission and Town Board. Darwin Williams of Cornerstone Engineering was present representing the applicant. He stated that access to the historical easement is in place. The applicant has agreed to remove the trees shown on the landscape plan, and no structures will be built within the easement. Commissioner Amos stated there is a concern whether there is adequate access for the neighbors to the west. Commissioner Pettyjohn commented whether or not it is necessary to dedicate both easements. Staff advised that the landowners have to cross each other's property to get to their own property, and it is Staffs understanding this access issue has not been resolved. Attorney White advised we do not want to approve a development plan that will eliminate or impede the access easement that has been dedicated without it first being vacated or included within the development plan. The development plan does not acknowledge the historical easement. Public Comment: Robert Wands, property owner to the west - The property owners still have not entered into a signed agreement as to how Mr. Wands will gain access to his home. Concerned that the new road from Virginia Drive and MacGregor dead-ends before you getto the northern portion of Mr. Brown's property. His main concern is that the new road would need to extend into his property in order for Mr. Brown to obtain access, and that a written agreement as to the extent of the road has not been resolved. Mr. Wands has been using the new easement for a few months; however he wants to be assured that his rights are protected regarding access to his home in the future. He would like to see this matter resolved. Attorney White advised that the access easement would need to be resolved in order to go forward with the development plan. Mr. Brown has not addressed this issue. He has been adequately advised that without resolution with regard to the historical access easement along the west of his property, the Planning Commission would not consider the development plan. He advised the Commission to continue the development plan until Mr. Brown could show the easement issue has been resolved. It was moved and seconded (Amos/Taddonio) to continue Development Plan 02-03 EPCO Inc., Lot 1, EPCO Subdivision to the March 19,2002 meeting, and it passed unanimously with one absent. 6. REPORTS Planner Shirk advised that Development Plan 02-06, Coldwater Condominiums is currently under Staff Review. The property is east of Timberlane Lodge and the property is staked.
BRACroRIPUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - January 15, 2002 Page 4 There being no further business, meeting was adjourned at 2:25 p.m. Cherie Pettyjohn, Chair Jacquelyn Williamson, Recording Secretary k - I
Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: March 8,2002 Subject: Revision to Liquor Licensee Requirement List Background. In June, 2000, the Town Board implemented TIPS Training for New and Transfer of Ownership Liquor Licensees. Included in the requirement was completion of the training within 90 days of opening. I am requesting the 90-day deadline be revised based on the following: 1. TIPS mandates that the class size be no smaller than 5 persons. 2. TIPS mandates that separate classes must be held for "on premise" and "off premise" licensees. 3. New and Transfer applications generally do not occur "en masse." 4. It has been extremely difficult to book classes within the existing deadline due to Officer Rick Life's shifts (now our Certified TIPS Trainer) and the licensees and their staff. Budget. NA Action Staff recommends revising "Item C" under "Processing" to: The Board of Trustees require that the licensee and manager for a New or Transfer of Ownership Liquor License Application to complete certified "TIPS" (Training Intervention Program For Servers of Alcohol) Training within 6 months of opening. Depending upon unforeseen circumstances, the Town Clerk may extend the deadline by an additional 6 months."
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner I and Bob Joseph, Director Date: March 5,2002 Subject: Amended Plat of Lot 1, Mary's Lake Subdivision Background. This is an amended plat application for Lot 1, Mary's Lake Subdivision to vacate an existing utility easement and dedicate a new utility easement. The site is located at Mary's Lake Road and Kiowa Drive, south of Mary's Lake, in the Town of Estes Park, and is owned by Rocky Mountain Evangelical Free Church. The site is zoned "A" Accommodations/Highway Corridor - Location Ma I . ' -I-/.'...-.' I .' O Ampaho Meadows Subdivision ;t /7 ' :'-' *· ~A Marys Lake Rd (CR 07 Lot 1, Mary''s Lake < Grey Fox Subdi~sion 1/f Subdivision 1 1 11 _f ;L__-99-2 N CO State Highway 7 li 1 11 J. 1= 4 'r Kiou,a Ridge Subdivision 4 /24 1\ A / W I
,. The PIanning Commission voted to recommend conditional approval of the amended plat at the February 19, 2002 meeting. The following conditions remain to be addressed 1. An Improvement Guarantee shall be submitted for the utility relocation. Staff Comment: The applicant submitted a construction cost estimate by March 5*, which was approved by Staff. The Subdivision Improvement Agreement and Letter of Credit is outstanding. 2. Unless otherwise noted, all conditions shall be met by March 5,2002 to be placed on the March 12, 2002 Town Board agenda. Staff has also requested an attorney certificate by March 12, 2002. Budget. None. Action. If the signed Subdivision Improvement Agreement and Letter of Credit attorney certificate is submitted by March 12, 2002, staff recommend approval of the amended plat. If the attorney certificate is not submitted by March 12, 2002, staff recommend continuance of the amended plat. •Paoe 2
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner I and Bob Joseph, Director Date: March 5,2002 Subject: Final Plat for Solitude Subdivision, Lot 1 Carlson Addition Background. This is a final subdivision plat application for the Solitude Subdivision to subdivision Lot 1 of the Carlson Addition into six lots. The site is located at 600 Fish Creek Road, in the Town of Estes Park, and is owned by Carlson Family Trust. The lot is zoned "A-1" Accommodations Highway Corridor and the expected use is accommodations. Location Map -. -I....22 - 1 \Ni rublic Open Spai- /ll il " 71 // School 1 f \ M Fish Creek Road-~~ \ < C -600 Fish Creek Road Bmdie Avenile lit= lE» The Town Board voted to recommend conditional approval of the preliminary plat on November 13, 2001. The condition of approval is "The timing of connecting the existing development to Town water shall be addressed in the subdivision improvement agreement." This condition of approval has been met.
Staff has requested that the applicant submit the following information on March 12, 2002 prior to the Town Board meeting: a signed Subdivision Improvement Agreement; Letter of Credit; attorney certificate; and a digital copy of the final construction plans. Budget None. Action. If the information requested by Staff is submitted on March 12, 2002, staff recommend approval of the final subdivision plat with the condition that "A copy of the recorded protective covenants shall be provided to the Town within thirty (30) days of the final plat approval." If the information requested by Staff is not submitted on March 12, 2002, staff recommend continuance of the final subdivision plat. • Page 2
Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Robert B. Joseph, Director Date: March 6,2002 Subject: Victorian Antlers Condominium Conversion Background. This is a request to -4 - 3\ 1 1 I i condominiumize an existing commercial retail and residential building (541 Lone Pine Drive) that Ace was approved with Development ~ p Plan 96-10. The condominium includes additional retail space, which is a change to the Site development plan. The exterior of the building will not change, only \ interior renovation and /_- reconfigured parking (without an .= 34 increase in parking lot area). The Estes Valley Planning Commission reviewed the Victorian Antlers Condominium Map on Tuesday, February 19, 2002, at the regular monthly meeting. At that time, the Estes Valley Planning Commission voted unanimously (6-0, one absent) to recommend conditional approval. Budget. N/A Action. Pursuant to Planning Commission action, Staff recommends approval of the requested condominium map conditional to:
1: Submittal of a certificate - by an attorney, duly licensed to practice law in the State, certifying that the proposed owners association complies with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq. C.R.S.). 2. The final condominium map shall contain a surveyofs certification that the map contains all the information required by the Colorado Common Interest Ownership Act. 3. The declarations and· final condominium map shall be submitted to the Town for recording within thirty (30) days of final plat approval. 4. Submittal of a revised development plan (96-10) incorporating the proposed additional retail space. Said plan shall provide for required parking spaces, be subject to Staff level review, and submitted prior to the final condominium map. 5. The applicant shall de-weed and re-seed the north and east lot line setback areas. The area shall be reseeded with.native grhss/wildflower mix, and shall be accomplished no later than July 2002. . .. •Paoe 2
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: March 7,2002 Subject: Condominium Map, Mary's Lake Lodge Condominiums Background. This is a condominium map application to condominiumize the main lodge of Mary's Lake Lodge. The site is located at 2625 Mary's Lake Road, within the Town of Estes Park, and is owned by Mary's Lake Lodge, . 1 MEAV L.L.C. As part of the development of the 1 / Mary's Lake Lodge property, the J*z< S units being developed within the Lodge are proposed as condominium units. The Estes Valley Planning Commission has , approved the Mary's Lake Lodge - Development Plan, and the Town - Board has approved a preliminary S ite 0 condominium map for other areas of the project. The Mary's Lake Condominium Map is a part of the -- a development process for this property, and is in accordance with the Development Plan and Final Plat. Public Works had the following comment: "There has been discussion with the Rocky Mountain Church Developer concerning possible Larimer County and CDOT require improvements to the Hwy 7/Mary's Lake Road intersection. It is Staff's recommendation that the Mary's Lake Lodge Condominium Developer be involved in a possible roadway improvement cost-sharing agreement with the church". This issue has been addressed with the annexation agreement.
Budget. 14/A Action. Staff recommends: Approval of the condominium map, subject to the following conditions: 1. The final condominium map shall contain a certification that the map contains all the information required by the Colorado Common Interest Ownership Act. 2. An attorney's certificate that the condominium association complies with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq. C.R.S.) shall be submitted with the final condominium map mylars for recording. 3. The declarations and final condominium map shall be submitted to the Town for recording within thirty (30) days of approval. 4. Final maps shall be subject to review and approval by the Town Attorney and Staff. t •P*2
RESOLUTION NO. 6-02 WHEREAS, Section 2.04.012 of the Municipal Code provides that no write-in vote for any person shall be counted unless an affidavit of intent has been filed with the Town Clerk prior to 20 days before the date of an election (March 12, 2002); and WHEREAS, no affidavit of intent has been filed with the Town Clerk by any person as a write-in candidate for the regular municipal election of April 2,2002; and WHEREAS, Section 2.04.016 of the Municipal Code provides that if the only matter before the voters is the election of persons to office; and if, at the close of business on the 19th day before the election (March 13, 2002) there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the Town Clerk, if instructed by the Board of Trustees, may cancel the election and the Board of Trustees may declare the candidates elected; and WHEREAS, there are only candidates for election to the Town Board for the three offices available and no write-in affidavits of intent have been filed with the Town Clerk by 5 p.m., March 12,2002. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: 1. The regular municipal election for the office of Trustee for the Town of Estes Park scheduled for April 2, 2002 shall be cancelled by the Town Clerk on March 14, 2002. 2. On March 14,2002, the following candidates for office of Trustee for the Town of Estes Park shall be hereby declared elected. Sue Doylen 4 year term David Habecker 4 year term Lori Jeffrey-Clark 4 year term 3. The Town Clerk as the Designated Election Official shall publish this Resolution and post a copy of this Resolution at each polling place and in not less than one other public place. Adopted this 12th day of March, 2002. May,or ATTEST: Town Clerk