HomeMy Public PortalAboutZBAP 2008-01-16Town of Fraser Zoning Board of Adjustment
Regular Meeting Agenda
Town Hall, 153 Fraser Ave
Wednesday, January 16th, 2008
6:30 p.m.
1. Roll Call
2. Public Hearings and Action Items
a. Front yard setback variance request submitted by Grand Park Homes
LLC. The encroachment into the front yard setback is approximately
2.7'.
The subject property is more legally described as follows:
Lot 8 Cozens Meadow at Grand Park Amendment No 1, reception # 2007-
00678.
3 . Adjournment
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Posted January 9`h, 2008
Lu Berger, Town Clerk
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Cozens Meadow Variance Request Briefing for ZBA January 16~', 2008
Cozens Meadow Variance Request:
Grand Park Homes LLC is requesting a variance from the front yard setback
requirements for a front porch located on lot 8, Cozens Meadow at Grand Park
Amendment No. 1. Please see the applicant's memo in the packet.
The recorded plat for the subdivision indicates a 10' front yard setback. There is also a
10' utility easement and snow storage easement adjacent to the front property line.
The Fraser Town Code specifies that the Board of Adjustment shall furnish a copy of the
application to the Board of Trustees for an opinion, which opinion shall be returned to the
Board of Adjustment before the date set for the hearing on the appeal. The following
action took place at the Town Board meeting on 1/9/2008.
" ........................ seconded the motion to forward a recommendation to deny
the Grand Park Homes, LLC. front setback variance request to the Zoning
Board of Adjustment based on Sec 16-12-20 (3,4 & 6)."
Please see Article 12 of the Fraser Town Code for details on the Board of Adjustment.
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(5) To bring in or deposit any fill or other materials on designated open space, except upon the
express written consent of the Town Manager;
(6) To deposit, throw or leave any litter, except in a receptacle or container provided for such
purpose. If no receptacles are available, litter shall be carried away from the area to be properly
disposed of elsewhere. For purposes of this Subsection, litter is defined to include all rubbish,
waste material, refuse, garbage, trash, debris or other foreign substance, solid or liquid, of every
form, size, kind and description;
(7) To fail to observe or respect written permits issued by the Town Manager;
(8) To violate any rule or regulation promulgated pursuant to this Article. (Ord. 291 Part 1,
2004)
Sec. 16-11-60. Violation and penalty.
Every person convicted of a violation of any provision of this Article shall be punished as set forth
in Section 1-4-10 of this Code. (Ord. 291 Part 1, 2004; Ord. 330 §1, 2007)
ARTICLE 12
Board of Adjustment
Sec. 16-12-10. Jurisdiction.
The Board of Adjustment is hereby granted jurisdiction over the granting of variances pursuant to
the provisions of Sections 31-23-301 and 31-23-307, C.R.S. (Prior code 13-10-4)
Sec. 16-12-20. Grant of variances.
The Board of Adjustment shall have the power to grant variances from the provisions of this
Chapter, but only after consideration of the following provisions:
(1) That satisfactory proof has been presented to the Board of Adjustment showing that the
present or proposed situation of a requested building, structure or use is reasonably necessary for
the convenience or welfare of the public.
(2) That the variance which is requested would not authorize any use other than uses
enumerated as a use by right of the district.
(3) That an unnecessary hardship to the owner would be shown to occur if the provisions of
this Chapter were literally followed.
(4) That the circumstances found to constitute a hardship either were not created by the owner,
or were in existence at the time of the passage of the initial ordinance codified herein, and cannot
be reasonably corrected.
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(5) That the variance would not injure the value, use of or prevent the proper access of lighted
air to the adjacent properties.
(6) That the variance would not be out of harmony with the intent and purpose of this Chapter.
(Prior code 13-10-4)
Sec. 16-12-30. Procedure.
(a) The Board of Adjustment shall act in strict accordance with all of the applicable laws of the
State, County and Town.
(b) The procedure shall be as follows:
(1) All appeals to the Board of Adjustment shall be in writing.
(2) Every appeal shall indicate what provisions of this Chapter are involved and what relief is
sought by the applicant.
(3) The applicant shall set forth the grounds upon which an appeal is being sought.
(4) The Chairman of the Board of Adjustment shall, within seven (7) days after the filing of
an appeal, call a meeting of the Board of Adjustment for the purpose of reviewing the appeal.
(5) The Chairman of the Board of Adjustment shall furnish a copy of the application to the
Board of Trustees for an opinion, which opinion shall be returned to the Board of Adjustment
before the date set for the hearing on the appeal.
(6) The Board of Adjustment shall hold a public hearing on all applications and appeals with
the following conditions required:
a. A notice of said hearing shall be published once in a newspaper of general circulation
within that part of the County where the property is located at least fourteen (14) days prior to
the hearing date.
b. A written notice of said hearing shall be mailed by certified mail, return receipt
requested, at least fourteen (14) days prior to the hearing date to the owners of the property
within one hundred (100) feet of the property in question.
c. Preparation of and payment of all notices shall be the responsibility of the applicant.
(7) Before any variance is granted, the Board of Adjustment shall include a written fmding in
its minutes as part of the record in each case, stating specifically the exceptional conditions, the
practical difficulties or unnecessary hardships involved.
(8) Unless otherwise stated in the minutes of the Board of Adjustment, all variance permits
shall be issued within six (6) months from the time such variance is granted by the Board of
Adjustment, after which time, if the variance permit has not been obtained, it shall become null
and void. (Prior code 13-10-5)
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Sec. 16-12-40. Appeals from the Board of Adjustment.
Every decision of the Board of Adjustment shall be subject to review by certiorari by the District
Court, and as provided by law. Such appeal shall be filed not later than thirty (30) days from the final
action taken by the Board of Adjustment. Such appeal may be taken by any person aggrieved or by
an officer, department, board or bureau of the Town. (Prior code 13-10-6)
Sec. 16-12-50. Fees.
All appeals to the Board of Adjustment shall be accompanied by payment of a fee as set forth in
Appendix A to this Code for each separate decision or ruling from which a variance request is being
made. Said fee shall not be refunded, notwithstanding that the applicant has withdrawn such appeal
or that such appeal is denied by the Board of Adjustment. (Prior code 13-10-7; Ord. 330 §1, 2007)
ARTICLE 13
Amendments
Sec. 16-13-10. General procedure.
Amendments to this Chapter shall be in accordance with the laws of the State which require the
following action before adoption of any such amendments:
(1) Study and recommendation regarding each proposed amendment by the Board of Trustees.
(2) Completion of a public hearing before the Board of Trustees after at least thirty (30) days'
notice of the time and place of such hearing has been given by at least one (1) publication in a
newspaper of general circulation within that part of the County where the proposed amendment is
located. (Prior code 13-11-1)
Sec. 16-13-20. Special procedure.
After receiving a report and recommendations on any proposed amendment to this Chapter, as
required in Section 16-13-10 above, the Board of Trustees shall hold a public hearing on the proposed
amendment with the following special conditions required:
(1) That notice of said hearing to be published in a newspaper of general circulation within the
County shall be the responsibility of the applicant.
(2) For proposed amendments to the Zoning District Map, the applicant shall mail a written
notice of said hearing by certified mail, return receipt requested, at least fourteen (14) days prior to
the hearing date to owners of property within two hundred (200) feet of the area in question.
(3) Within thirty (30) days of the public hearing on the requested rezoning, the Board of
Trustees shall approve or disapprove the rezoning request, stating its reasons for such action. If
the Board of Trustees fails to act within thirty (30) days, the requested rezoning shall be assumed
to have been granted. (Prior code 13-11-2)
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December 11, 2007
Board of Adjustment
Town of Fraser
PO BOX 120
Fraser, CO 80442
Re: Request for Variance
Ladies and Gentlemen:
Grand Park Homes LLC respectfully requests a variance from the front setback
requirement for the front porch of the home located on Lot 8, Cozens Meadow at Grand
Park Amendment No. 1. The setback requirement is set forth in Section 13-13-2(48) of
the Town's Zoning Regulations and as Plat Note 11 to the subdivision plat. The reason
for the request is as follows:
• A portion of the front porch was inadvertently constructed partially encroaching
2.7 feet into the 10' front yard setback and utility and snow storage easement.
• We built three other similar homes to the one on Lot 8. However, this home was
to have a different front porch than the other three homes (Lots 1, 5 and 39). As
originally planned, the front porch to be a rectangle, without a bump out. Please
see the attached plot plan submitted with the building permit for this home
(Exhibit A), together with a copy of the floor plan for Lot 8 (Exhibit B) and Lots
1, 5 and 39 (Exhibit C).
• Due to changes in personnel, we did not discover that the wrong porch was
constructed on Lot 8 until the Improvement Survey Plat was given to the Town
and Catherine Trotter brought the encroachment to our attention.
• It would be an extreme hardship to re-design the front porch and roof line of the
home so that it does not encroach in the setback; demolish the existing roof and
front porch; and rebuild the roof and porch.
• No public utilities were installed under the front porch.
• The utility and snow storage easement on the plat calls for 600 sq.ft. of area. The
encroachment area is 2.7' x 13' = 35.1 sq.ft.
• Even with the encroachment, there is ample snow storage along the front of the
lot.
We have attached photographs of the home showing the encroachment area (Exhibit D),
together with a copy of the Improvement Survey Plat showing the location of the
encroachment which extends 2.7 feet into the setback (Exhibit E).
MAIN OFFICE: 970-726-8600 FAX: 970-726-8833
REAL ESTATE OFFICE: 970-726-8700 CONSTRUCTION OFFICE: 970-726-3103
POST OFFICE BOX 30 WINTER PARK COLORADO 80482
Board of Adjustment
December 11, 2007
Page 2
Our check in the amount of $550.00 for your filing fee is also enclosed.
Thank you for your consideration of this request.
Sincerely yours,
GRAND ARK H MES LLC
Lipscomb, President
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