HomeMy Public PortalAboutZBAP 2012-7-11
Town of Fraser Zoning Board of Adjustment
Meeting Agenda
Town Hall, 153 Fraser Ave
Wednesday, July 11th, 2012
5:30 p.m.
1. Roll Call
2. Approval of minutes
3. Public Hearing and Action Item
Variance request to allow the construction of a garage as the principal use
structure on the subject property.
The subject property is more legally described as follows:
Victoria Village Block M, Lot 1
4. Adjournment
Posted July 9, 2012
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Planner Briefing for ZBA July 11, 2012
Rozas Variance Request:
We are in receipt of a variance application submitted by Ken and Trudy Rozas (applicant).
The applicant is the owner of subject property which is located at 821 Quail Drive in the R2
zoning district (Victoria Village, Block M, Lot 1). This request is to allow the construction of a
garage as the principal use structure on the subject property.
It is the interpretation of Town staff that a garage structure in the R2 zone would be
considered an accessory building or use, which must be incidental to the primary use of the
property. See Section 16-1-40, 16-3-120 and 16-6-10 and of the Fraser Municipal Code.
Since there will be no dwelling unit built on the property (at least at this point in time) there is
no primary use, so the garage is technically not allowed unless the Board of Adjustment
grants a variance to allow the garage to be constructed (if the Board of Adjustment is so
inclined).
The variance application is enclosed in the packet for your review.
Per the Fraser Municipal Code, a copy of the variance application shall be furnished to
the Board of Trustees for an opinion, which opinion shall be returned to the Board of
Adjustment. The Board of Trustees reviewed this variance request at the June 27th, 2012
meeting. See draft Town Board minutes below:
Trustee Sumrall excused himself and left the room due to the fact he sits on the
Zoning Board of Adjustment.
TP Trotter briefed the Board on the variance request from the Rozas. The Rozas
outlined their request for the Board.
Trustee Sanders moved, and Trustee Cwiklin seconded the motion that
pursuant to the variance provisions of the zoning ordinance, that we forward the
following opinion regarding the variance request for 821 Quail Drive: that the
variance request be approved by the Zoning Board of Adjustment. Motion
carried: 6-0-1.
Enclosed in the packet is the section of the Municipal Code that details the Board of
Adjustment. Section 16-12-20 entitled “Grant of Variances” states that the Board of
Adjustment shall have the power to grant variances from the provisions of this (zoning)
Chapter, but only after consideration of the following provisions:
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
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 (zoning) Chapter were to be 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.
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
(zoning) Chapter.
If the Zoning Board of Adjustment chooses to grant this variance request, the ZBA might
want to add a condition that the garage only be used in connection with the dwelling on the
adjoining property, unless and until a dwelling is constructed on the same lot, in order to
meet the “accessory” requirement. In other words, the garage could not be rented or
otherwise used in connection with a separate property.
Please contact me with questions and/or comments. ctrotter@town.fraser.co.us. Thanks.
FRASER ZONING BOARD OF ADJUSTMENT
MINUTES
DATE: Monday, June 1, 2009
PLACE: Town Hall Board Room
PRESENT
Board: Chairperson Debbie Knutson and Members: Karen Frye,
Jim Holahan, Doug Laraby and Steve Sumrall
Staff: Town Planner Catherine Trotter, Town Clerk Lu Berger
Others: See Attached
Chair Knutson called the meeting to order at 6:29 p.m.
Action Item
a. Approval of minutes from January 25, 2008.
Mr. Sumrall moved, and Mr. Holahan seconded the motion to approve the minutes from January 25,
2008. Motion carried: 5-0.
Public Hearings and Action Items
a. Front yard setback and side yard setback variance request submitted by
Andy Miller.
Mr. Sumrall moved, and Ms. Frye seconded the motion to open the Public Hearing on the Front
yard setback and side yard setback variance request submitted by Andy Miller. Motion carried:
5-0.
Andy Miller is requesting a variance from the front yard setback and side yard setback
requirements on his property located at 267 Mill Avenue. Applicant’s memo was included in the
packet. Exhibit F, the land use application was not included in the packet.
The property is located in the Business Zone and as such an all residential structure in the
Business Zone must meet the following setbacks: 20’ in the front, 7’ in the side, and 10” in the
rear. The Town of Fraser adopted zoning regulations in 1974 after the structure was
constructed.
The encroachment into the front yard is approximately 6 feet and the encroachment into the
side yard is approximately 1.5 feet.
The subject property is more legally described as follows:
Lot 13-14, Block 4, Town of Eastom AKA Town of Fraser.
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. The following action took place at the Town
Board meeting on May 20th, 2009:
“…………………. seconded the motion that pursuant to the variance provisions of the
zoning ordinance, that we forward the following opinion regarding the variance request
for 267 Mill Avenue: that the variance request be approved by the Zoning Board of
Adjustment. Motion carried: 6-0.
Andy Miller addressed the Board, giving them a brief history on the surveys conducted on the
property and the discrepancies that have arisen.
Mr. Sumrall moved, and Mr. Frye seconded the motion to close the Public Hearing on the
Front yard setback and side yard setback variance request submitted by Andy Miller. Motion
carried: 5-0.
Mr. Sumrall moved, and Ms. Frye seconded the motion to approve the Front yard setback and
side yard setback variance request submitted by Andy Miller 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.
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 Chapter 16,
Fraser Town Code. (Prior code 13-10-4) Motion carried: 5-0.
b. Front yard setback and side yard setback variance request submitted by
Tim and Karen Givens.
Mr. Laraby moved, and Mr. Sumrall seconded the motion to open the Public Hearing on the
front yard setback and side yard setback variance request submitted by Tim and Karen Givens.
Motion carried: 5-0.
Ms. Frye recused herself from the hearing, sighting a conflict of interest as she owns a
neighboring property. A unanimous vote is needed to approve the variance.
Tim and Karen Givens (the applicant) are requesting a variance from the front yard setback and
the side yard setback requirement on their property located at 606 and 608 Quail Drive.
Applicant’s memo was included in the packet.
The property is located in the R2 Zone and must meet the following setbacks: 20’ in the front, 7’
in the side, and 10” in the rear.
The encroachments into the front yard are approximately 1.88’ (1’ 10 ½”) to a maximum of
7.29’ (7 ft 3 ½”). The encroachments into the side yard are approximately .11’ (1 3/8”) to a
maximum of .73’ (8 ¾”).
The subject property is more legally described as follows: Lot 10, Block N,
Victoria Village.
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. The following action took place at the Town
Board meeting on May 20th, 2009:
“………………….. seconded the motion that pursuant to the variance provisions of the
zoning ordinance, that we forward the following opinion regarding the variance request
for 606 & 608 Quail Drive; that the variance request be approved by the Zoning Board of
Adjustment. Motion carried: 6-0.
David Michaels, attorney for the Givens, addressed the provisions required by the Town Code
for granting a variance.
Mr. Sumrall requested a condition be added that deck remain as currently constructed without
hand rails unless changes are required by a future Building Code requirement.
Mr. Holahan moved, and Mr. Sumrall seconded the motion to close the Public Hearing on the
front yard setback and side yard setback variance request submitted by Tim and Karen Givens.
Motion carried: 5-0.
Mr. Sumrall moved and Mr. Laraby seconded the motion to approve the Front yard setback
and side yard setback variance request submitted by Tim and Karen Givens with the following
condition and after consideration of the following provisions:
A condition be added that deck remain as currently constructed without hand rails unless
changes are required by a future Building Code requirement.
(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.
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 Chapter 16,
Fraser Town Code. (Prior code 13-10-4) Motion carried: 4-0.
Chair Knutson asked for items not on the agenda. There were none.
A discussion on term limits was held.
Ms. Frye moved and Mr. Holahan seconded the motion to adjourn. Motion carried: 6-0,
Meeting adjourned at 7:19 p.m.
________________________________________
Lu Berger, Town Clerk
LAND USE APPLICATION
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PROJECT NAME
DATE RECEIVED: APPLICATION FEE:
TYPE OF APPLICATION
❑ Annexation, Zoning, Concept Plan
❑ Conditional Use
❑ As Built Plat
❑ Site Plan
❑ Vacation of Street or Easement
❑ Final Planned Development Plan
Development Permit
Minor Subdivision Plat
Preliminary Plat
Subdivision Exemption
Other
PROJECT INFORMATION
HEARING DATE:
❑
Change of Zone ❑
❑
Final Plat ❑
❑
Planned Unit Development ❑
❑
Sketch Plan ❑
X,
Variance ❑
Development Permit
Minor Subdivision Plat
Preliminary Plat
Subdivision Exemption
Other
PROJECT INFORMATION
Applicant's Name: C e
Project Location: �h-
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Address: AQ X9A
y v
Existing Zoning: — Z
Phone/Fax:
Relation to Property Owner: `
Proposed Zoning:
Legal Description of Property (lots, blocks, tracts, subdivision name, or metes &
bounds - attach additional sheet, if necessary):
Total Acreage of Property under Consideration:
Number of Existing Residential Lots: Number of Proposed Residential Lots:
Type of Housing Proposed:
Number of Existing Commercial Lots:
Number of Proposed Commercial Lots:
ADDITIONAL CONTACTS
Property Owner:
Address:
City/State/Zip:
Phone/Fax:
Consultant: _
Address:
City/State/Zip:
Phone/Fax:
CERTIFICATION
I hereby affirm that I have full legal capacity to authorize the filing of this a lication and that all information and exhibits
herewith submitted are true and correct to the best of my knowledge. The Authorized Signer invites Town of Fraser
representatives to make all reasonable inspections and investigations of the subject
proper#y during the period of processing this
application. I further agree to pay all fees consistent with the Town of Fraser Payment policies and comply with all Town Codes
and regulations. I understand that all materials and fees required by the Town of Fraser must be submitted prior to having this
application processed.
Town of Fraser, 'T3 Fraser Avenue, P.O. Box 370, Fraser, Colorado 80442
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
l,ww.frascreolorado.com
Phone: 970-726-5491, Fax: 970-726-5518, www.frasercolorado.com
BRIEF DESCRIPTION OF DEVELOPMENT:
Town of Fraser
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June 27, 2012
821 Quail Dr
Fraser, CO 80442
Town of Fraser
Zoning Board of Adjustment (BOA)
153 Fraser Ave
Fraser, CO 80442
Hand Delivered to Katherine Trotter, Town Planner, for Council Consideration and Submission to BOA
RE: Zoning Variance Request
Victoria Village Subdivision, BLK M LOT 1 (Subject Lot)
Zoning Classification: R-2 Medium Density Residence District
Town Code Section 16-3-120
Variance to allow building a garage as the Principal Use Structure on the Subject Lot
Dear Board Members,
We, Kenneth C and Gertrude C Rozas (Applicants), and owners of the Subject Lot, respectively request
the Town of Fraser, Board of Adjustment, to grant a variance, allowing construction of a garage as the
principal use structure on the Subject Lot.
Background and Reason for the Variance Request (Refer to the attached drawings)
The Applicants purchased the a Townhouse (Unit A), located on Victoria Village BLK M LOT 2, the lot
adjacent to and immediately south of the Subject Lot, on 6/12/2000, for a vacation home. This
Townhouse does not have a garage. On 9/20/2004, the Applicants purchased the Subject Lot, expecting
that in the future they may permanently relocate to their Fraser vacation home and build a garage on
the Subject lot.
The Applicants permanently relocated to their Fraser Townhouse in January 2012. During their initial
meeting with the Town of Fraser to determine requirements for build a garage, they learned that
building a garage as the principal use structure, is not allowed without a variance.
Considerations in support of the variance. Paragraph numbers below refer to Town Code: Sec 16-12-
20, Granting of Variances.
Paragraph (1): The requested variance is reasonable. The applicants are retired and the inability to
shelter their vehicles in a garage, presents a hardship, especially in the relatively harsh Fraser winters.
Additionally, the garage would greatly improve entry into their townhouse and eliminate safety a hazard
detailed in paragraph (3) below.
Paragraph (2): The applicants believe that the varience would be in full compliance with all District
rights of use.
Paragraph (3): Denying the variance would impose an undue hardship on the applicants. The garage is
a practicable necessity for a permanent residence, especially during the relatively frigid and snowy
Fraser winters.
The garage would greatly improve safety and access to the Applicants residence. Currently, the
Applicants must walk approximately 60 feet on a north facing walkway, between the parking area and
the townhouse entrance. The walkway is often icy and hazardous during the winters. The requested
garage would greatly enhance entry into the Applicants townhouse and eliminate much of this hazard,
by providing close access to their townhouse entrance from the proposed garage.
Denying the variance would require the applicants to sell both pieces of property and buy a suitable
replacement residence with a garage_ This would impose a major financial hardship, in terms of selling
cost, purchasing costs, moving costs, etc.
Paragraph (4): The circumstances relating to the hardships stated above were not created by the
Applicants and cannot be reasonably corrected without imposing major financial hardships on the
Applicants.
Paragraph (5): The Applicants will follow all permitting, inspection, and other requirements to insure
the project will be in harmony with, and not injure the value of adjacent properties.
Paragraph (6): The Applicants believe approval of the variance is in harmony and complies with the
spirit and intent of the Town of Fraser, Building Code. The garage would be constructed and positioned
on the Subject Lot, leaving 2,024 square feet of buildable area for a potential future residence, which
would be in full compliance with the current R-2 zoning.
Sincerely,
Kenneth Rozas - Owner
Gertrude C Rozas — Owner
Attachments:
Drawing Plan Lots 1 and 2
Drawing Plan of Proposed Garage
Drawing East Elevation of Proposed Garage
Annotated Photographs
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821 Quail Dr
Fraser, CO 80442
((First Name» ((Last Name»
«St_No» «St_Name»
«City» «State» «Zip»
Dear «First Name))
We, Kenneth C and Gertrude C Rozas, permanently relocated to our Fraser, CO Townhome at 821 Quail
Drive in Fraser, in January 2012. 1 am sure that you are aware that living full time in Fraser without a
suitable garage is very inconvenient.
We own the lot immediately north of our townhome and had always considered building a garage on
that lot if/when we relocated to Fraser on a full time basis. That time has arrived! During our initial
meeting with the Town of Fraser, to determine requirementsto build a garage, we learned that building
a garage as the principal use structure, requires a variance.
We have appealed to the Town of Fraser, Board of Adjustment for the variance. A public hearing to
consider this request is scheduled for . Notifying property owners within 100
feet of the property proposing a variance is a code requirement. This letter complies with code
requirement. A copy the variance request is attached for your convenience.
We ask that you favorably consider our variance request. In turn, we will strive to tastefully construct
the garage in a way that will enhance and not diminish neighborhood property values. If you have any
questions on this proposed variance, please contact us at 303-522-2397 or email us:
krozas@sbcglobal.net. The Town of Fraser may be contacted at 970-726-5491.
Note that you may comment in person at the public hearing or you may forward written comments to
the Town of Fraser, Planning Department, PO Box 370, Fraser CO 80442. Written comments must be
received by the Town, prior to the scheduled public hearing
Please let us know if you have any comments or concerns.
Sincerely
Kenneth C Rozas
Gertrude C Rozas
Attachment
(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.
(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 finding 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)
See. 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
See. 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 -1 I -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)
ARTICLE 1
General Provisions
Sec. 16-1-10. Title, authority.
(a) This Chapter shall be known and may be cited as the "Fraser Zoning Ordinance and Map."
(b) The Fraser Zoning Ordinance and Map as set forth in this Chapter are authorized by state
statutes. (Prior code 13-1-1, 13-1-2; Ord. 330 §l, 2007)
Sec. 16-1-20. Purpose.
This Chapter shall be for the purpose of promoting the health, safety, morals, convenience, order,
prosperity and welfare of the present and future inhabitants of the Town, by lessening congestion in
the streets and roads; increasing safety from fire and other danger; providing adequate light and air;
the classification of land uses and development; protection of the tax base; securing economy in
governmental expenditures; fostering and encouraging business and industry; and the protection of
urban and nonurban development. (Prior code 13-1-3)
Sec. 16-1-30. Interpretation.
For the purpose of this Chapter, certain words and phrases used herein shall be defined or
interpreted as follows:
(1) Words used in the present tense include the future;
(2) Singular words include the plural;
(3) The word person includes a corporation, association, partnership, firm or joint venture, as
well as an individual.
(4) The word lot includes plot or parcel;
(5) The term shall is mandatory;
(6) The term occupied or used shall be construed to also include intended, arranged or
designed to be used or occupied. (Prior code 13-13-1)
Sec. 16-1-40. Definitions.
The following words and phrases shall have the following meanings when used in this Chapter,
unless the context otherwise requires:
Accessory building or structure means a building or structure on the same lot with the building
or structure housing the principal use, but housing a use customarily incidental and subordinate to
the principal use.
16-5
Accessory use means a use customarily associated with, but subordinate to, the principal use on
the same lot.
Addition means an extension or increase in floor area or height of a building or structure.
Applicant means the owner of record of the property, which is the subject of an application, or
the duly authorized agent of the owner or the successors in interest. The applicant is responsible
for meeting all conditions on the issuance of the permit, and otherwise ensuring that all policies
are implemented in the development. In the absence of the owner of record, or a duly authorized
agent, the actual occupants at the development will be assumed to be acting jointly and severally
as the applicant for the purposes of this Chapter.
Approval, in reference to an application made within the Business zone, means a decision
indicating that the development implements all relevant absolute policies and has earned zero or
more points pursuant to the relative policies based upon Town review of the application, and thus
that a development permit may be issued. Approval may have conditions attached, and if so, the
conditions are a part of the development permit.
Architectural style and detailing means the style of architecture of a building, indicated by
features such as, but not limited to: exterior materials and colors, roof pitch, size and shape of
windows and doors, use of decorative items and others.
Bed and breakfast means a business providing rooms and use of bath facilities to tourists on a
nightly basis, for compensation, which business is incidental to the use of the premises for
residential purposes. Structures containing such business shall contain no more than seven (7)
bedrooms, of which no more than five (5) bedrooms are allowed for nightly rental purposes.
Building means any structure, including mobile homes, built for the shelter or enclosure of
persons, animals, chattels or property of any kind, but excluding advertising signs, boards or
fences.
Business offices means an office for the conduct of general business and service activities, such
as offices of real estate or insurance agents, stock brokers, secretarial or stenographic services, or
offices for general business activities and transactions, where storage, sale or display of
manufactured goods on the premises is not allowed.
Capital Improvement Program means a document adopted by the Town which outlines the
major capital improvement activities planned by the Town in the future.
Coal -burning appliance means any appliance that utilizes coal for heating, cooking or other
similar purposes.
Dependent mobile home means any mobile home that does not have a flush toilet and a bath or
shower.
Development means any change in the use of land or improvements thereon, including, but not
limited to:
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Sec. 16-3-120. R-2 — Medium Density Residence District.
(a) In the R-2 — Medium Density Residence District, no building or land shall be used, and no
building shall be hereafter erected, converted or structurally altered, unless otherwise provided for
herein, except for one (1) or more of the following uses:
(1) All uses provided for in the R-1 District.
(2) This District is for higher density of dwelling units than in the R-1 District, where not
more than four (4) dwelling units are desired within a building or on a single parcel of land; except
where contiguous lots of R-2 property are combined by vacating common lot lines with the intent
to create one (1) single parcel, the number of units allowed under one (1) roof (not to exceed [12]
units) will be limited to the number of units that were allowed to the original individual lots
immediately before the common boundary lines were vacated. Timeshare and interval ownership
type dwelling units are not allowed in this District.
(3) Accessory uses to residential uses.
(4) Private schools, nurseries and day schools.
(b) The minimum lot area for each principal use shall be as follows:
(1) On unsubdivided land, two (2) acres with a minimum lot width of two hundred (200) feet.
(2) On subdivided land served by both public water and public sewer facilities, and
unsubdivided land served by both public water and public sewer facilities and abutting on at least
one (1) public street, six thousand (6,000) square feet or three (3) times the building area,
whichever is greater, with a minimum lot width of fifty (50) feet.
(c) The minimum yard shall be as follows:
(1) Minimum front yard, twenty (20) feet.
(2) Minimum side yard, seven (7) feet.
(3) Minimum rear yard, ten (10) feet.
(d) The maximum and minimum building heights shall be as follows:
(1) Maximum height of buildings, thirty-five (35) feet.
(2) Minimum height of buildings, eight (8) feet.
(e) The minimum area of a building on the ground floor shall be five hundred (500) square feet.
(Prior code 13-3-4)
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conditions imposed by the Planning Commission or Board of Trustees shall be specifically set forth
in the final PD plan, as finally approved. (Prior code 13-3-12)
Sec. 16-5-720. Enforcement.
The provisions of the approved final PD plan may be enforced by the Town and/or by the
occupants, residents and owners of the planned development to the extent and in the manner provided
by Section 24-67-106, C.R.S. In addition to and without limitation on such powers of enforcement,
the approved PD District plan or the final PD plan for the development may provide for additional
rights and remedies as between the Town and the landowner in the event of any violation of the
provisions of the plan. (Prior code 13-3-12)
ARTICLE 6
Permitted Accessory Buildings and Uses and Conditional Uses
Sec. 16-6-10. Definition.
An accessory building and use is a subordinated use of a building or other structure or tract of
land which:
(1) Is clearly incidental to the use of the principal building, other structure or use of land;
(2) Is customary in connection with the principal building, other structure or use of land; and
(3) Is ordinarily located in the same lot with the principal building or other structure or use of
land. (Prior code 13-4-1)
Sec. 16-6-20. Accessory buildings and uses.
Permitted or conditional accessory buildings and uses may include the following:
(1) Home occupations, as specified in Section 16-6-40 below.
(2) Accessory dwelling units, if approved as a conditional use in the R-1, R-2, R-3, R-4, M-1,
M-2 or B District as provided in Section 16-6-30 below.
(3) Household pets;
(4) Signs;
(5) Off-street parking areas;
(6) Fences;
(7) Storage and sale of crops, vegetables, plants and flowers produced on the premises;
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