HomeMy Public PortalAboutZBAP 2005-03-22Adjournment
TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 153 Fraser Avenue
Fraser, Colorado 80442
P: (970) 726 -5491
F: (970) 726 -5518
Fraser town.fraser.co.us
Town of Fraser Zoning Board of Adjustment
Regular Meeting Agenda
Town Hall, 153 Fraser Ave
Tuesday, March 22, 2005
6:30 p.m.
Roll Call
Approval of Minutes from the July 13 and July 27, 2004 meeting
Public Hearing and Action Item
Whispering Pines I Townhomes Ermine Lane, Ptarmigan
Variance from setback requirements
BRIEFING FOR ZONING BOARD OF ADJUSTMENT
PUBLIC HEARING
TUESDAY, MARCH 22, 2005 6:30 PM
Dean Cinocco has requested a public hearing in order for the Board of Adjustments to consider
granting a setback variance for Whispering Pines I Townhomes located on Ermine Lane in
Ptarmigan. Mr. Cinocco has presented a narrative which details the variance request as portions
of a new structure have been constructed within the front and side yard setbacks. Whispering
Pines I Townhome Subdivision was approved by the Planning Commission in the summer of
2003. Prior to Planning Commission approval, the Zoning Board of Adjustment approved a rear
setback of 6 feet on June 11, 2003. I have enclosed the Town's regulations as they pertain to the
"Board of Zoning Adjustment." To reiterate, the Zoning Ordinance provides the following
criteria for consideration of variances:
1. That the situation is reasonably necessary for the welfare or convenience of the
public.
2. The variance can not authorize a variance from the permitted uses within a zoning
district.
3. That an unnecessary hardship to the owner would otherwise occur.
4. That the circumstances found to constitute a hardship were not created by the owner,
or were in existence prior to adoption of the Zoning Ordinance.
5. That the variance would not injure the value, use of, or prevent proper access of
lighted air to adjacent properties.
6. That the variance would not be out of harmony with the intent and purpose of the
Zoning Ordinance.
The Town Board did review this variance request, per our regulations. After a lengthy
discussion, the Board made a motion to "send the variance to the Board of Adjustment and
recommend approval."
Please call me with comments and/or questions.
DATE:
PLACE:
FRASER ZONING BOARD OF ADJUSTMENT
MINUTES
Wednesday, July 13, 2004
Town Hall Board Room
PRESENT
Board: Chairperson Debbie Knutson and Members: Karen Frye,
Jim Holahan, Doug Laraby and Steve Sumrall
Staff: Community Development Director Jeff Durbin, Planning Assistant
Kris Manguso and Town Manager Chuck Reid
Others: David Lutz (Mountain States Surveying) and Parnell Quinn
(ReMax Realty)
Chair Knutson called the meeting to order at 5:30 p.m.
Approval of Minutes from the June 11, 2003 meeting
Mr. Sumrall moved, and Mr. Laraby seconded the motion to continue approval of the
minutes of the June 11, 2003 meeting. Motion carried: 5 -0.
Open Forum
Chair Knutson asked for items not on the agenda. Hearing none, the Chairperson
moved on to the next item.
Action Items
Public Hearing 876 Wapiti, May parking and setback variance request
Mr. Sumrall moved, and Mr. Holahan seconded the motion to open the Public
Hearing. Motion carried: 5 -0. Manager Reid listed the Exhibits as follows: A)
proof of publication; B) affidavit of service; C) letter from Mountain States
Surveying; D) E) F) and G) applicant's alternative site plans; H) building permit
application; I) site plan; J) minor subdivision plat; and K) improvements
location certificate. Ms. Frye moved, and Mr. Holahan seconded the motion to
accept these Exhibits into the record. Motion carried: 5 -0. CDD Durbin
summarized the staff report, including the requests. He also stated that the
Town Board opinion, required by statute, concurred with the staff report. There
was extensive review of the parking concerns and the criteria and processes for
variances were also reviewed. At this time, the staff recommendation is that the
requests do not meet the criteria and therefore all four requests should not be
approved. A letter from adjoining property owners Alan and Glenda Knotek,
opposing the variances, was read into the record. Ms. Frye moved, and Mr.
Laraby seconded the motion to make the Knotek letter Exhibit L. Motion
Molly M andless, Town Clerk
Zoning Board of Adjustment
Minutes 07/13/04
Page 2
carried: 5 -0. There was discussion of other variances in the neighborhood.
Manager Reid mentioned the Town Board approval of averaging setbacks in the
Upper Ptarmigan area due to the odd shaped lots. Mr. Holahan moved, and Mr.
Sumrall seconded the motion to enter the following Exhibits into the record: M)
the original on -site building inspection card; and N) the office copy of the
inspection card. Motion carried: 5 -0. There was extensive discussion of the
items built without being reflected on the site plan, e.g. the "bump outs" on the
front of the building. David Lutz of Mountain States Surveying was present
representing owners /applicants Curtis and Brian May. Mr. Lutz reviewed the
applicants situation and talked at length with the Board about alternative
parking scenarios. After extensive evaluation and with Mr. Lutz's approval, Ms.
Frye moved, and Mr. Sumrall seconded the motion to continue the Public
Hearing to July 27, 2005 at 5:30 p.m. Motion carried: 5 -0.
Mr. Holahan moved, and Ms. Frye seconded the motion to adjourn. Motion
carried: 5 -0
DATE:
PLACE:
FRASER ZONING BOARD OF ADJUSTMENT
MINUTES
Wednesday, July 27, 2004
Town Hall Board Room
PRESENT
Board: Chairperson Debbie Knutson and Members: Karen Frye,
Jim Holahan and Steve Sumrall
Staff: Community Development Director Jeff Durbin and Town Clerk
Molly McCandless
Others: Curtis May, David Lutz and Parnell Quinn
Chair Knutson called the meeting to order at 5:40 p.m.
Approval of Minutes from the June 11, 2003 meeting
Mr. Sumrall moved, and Ms. Frye seconded the motion to approve the minutes of the
June 11, 2003 meeting. Motion carried: 3 -0, with Mr. Holahan abstaining as he was
not a member of the Board at the time.
Action Items
Continued Public Hearing 876 Wapiti, May
parking and setback variance request
Mr. Sumrall moved, and Mr. Holahan seconded the motion to open the
continued Public Hearing. Motion carried: 5 -0.
ZBA member Doug Laraby arrived.
David Lutz, of Mountain States Surveying, discussed items 1) and 2) with the
Board at length and determined an alternative parking plan that does not
require variance. Following careful review and discussion with the applicant,
his surveyor and realtor, Ms. Frye moved, and Mr. Holahan seconded the
motion to accept withdrawal of applications 1) and 2) and proceed with the
remaining two items. Motion carried: 5 -0. [Note: All present were aware that
motions are not usually made during an open Public Hearing, but felt
formalizing this matter at this time would assist in moving forward with the
remaining issues.] CDD Durbin asked the applicant to submit a letter formally
requesting the withdrawal of the variance requests for items 1) and 2) for the
record. There was no further public comment on any of the requests. Mr.
Sumrall moved, and Mr. Holahan seconded the motion to close the Public
Hearing. Motion carried: 5 -0
Zoning Board of Adjustment
Minutes 07/27/04
Page 2
The Board continued to examine the remaining two requests and the history of
the property and the neighborhood. Following extensive analysis, Mr. Sumrall
moved, and Ms. Frye seconded the motion to approve the variances at 876
Wapiti of a 9.7 (from 10) foot setback at the right rear corner of the property
and a 14.6 (from 20) foot setback as constructed in the front. Further, that
the Findings of Fact a. through f. for the granting of variance are met. Motion
carried: 5 -0
Chair Knutson asked for items not on the agenda. There were none.
Mr. Holahan moved, and Ms. Frye seconded the motion to adjourn. Motion carried:
5 -0, at 6:37 p.m.
Molly M
dless, Town Clerk
TOWN OF FRASER
"Icebox of the Nation" f
may
P.O. Box 120 153 Fraser Avenue
Fraser, Colorado 80442
P: (970) 726 -5491
F: (970) 726 -5518
fraser@town.fraser.co.us
7-
THANK YOU!
MEETING
SIGN IN SHEET
NAME HOME ADDRESS REPRESENTING OR AREA OF INTEREST
C T tkveVING- Do& lb uTz
/PAJ/
flctive
FiDE SiqN CONCEPTS
FROM: Distinctive Design Concepts
PO Box 72
Vifinter Park, CO 80482
(970) 726-2365
TO: Board of Zoning Adjustments, Fraser
Fraser Town Hall
153 Fraser Avenue
Fraser, Colorado 80442
PROPERTY: Whispering Pines 1Town homes Amended in Ptarmigan, Fraser
SUBJECT: Requesting a variance for front and side building setback encroachment
To Whom It May Concem:
Attached is an application for an appeal to grant a variance on the properties with the legal description of
Whispering Pines 1, Rec. #185781, AKA Lot MH-68 and MH-69, Ptarmigan, Section 20, Township 1 South,
Range 75 West of the 6 th P.M., Town of Fraser.
Explanation:
Whispering Pines is a wonderful new town home project located in Ptamtgan. The project was designed
and intended to maximize the property's potential and to be a beautiful and complimentary addition to the
Ptarmigan subdivision and I feel that this has been accomplished. As per the platting guidelines; an as-built
survey of the site has been conducted and it identifies two potential problems. (1) Two columns on the front of the
building, which supports the front entry gable roofs, are encroaching into the front set back by (9/10) nine tenths
of a foot. (2) The as-built survey has also identified that one half of the light side deck column base encroaches
into the angled side setback by 1'-6".
There was a great deal of effort on the front end of this project, working with the town of Fraser, in the
planning and platting process to prevent such things from happening but a mistake was unintentionally made in
the plans. Sometimes you can look at something so long that you can't even see the potential problems until it is
too late, case in point. The gable roofs over the front doors were designed for two reasons. First was to prevent
moisture from falling down from the roof above and onto the front entry doors and sidewalk thus causing very
slippery conditions to exist. The second was to increase the architectural interest to the face of the building by
adding stone bases and heavy timber accents with the gable roof elements. With these elements it was possible
to take a very basic looking structure and give it a whole new character and dimension. The original design was
for the front of the building to be flat and continuous across the front. WIth this design we would use a corbel
brace to support the gable roofs above the front doors. Alter looking at the project and with the help and approval
from the Town of Fraser we were able to move the two center units back 4'-0" in order create interest to the face
of the building and to delineate the building from one large mass into three separate masses. In doing so, made
the use of a corbel at the furthest point not possible and a column base was put in its places without coordinating
with the site plan. The side deck column base placement ener was caused when the structural engineer made
a foundation plan change from 4'-0" to 5'-O" to the center of the column without consulting the site plan and no
one caught it until it was to late.
February 22, 2005
Page 2 February 22, 2005
I understand and support the rules and regulations set forth by govemment agencies and subdivisions
and I always try to support and abide by them. I understand their intensions are to prevent things such as this
from happening, however, I also know that mistakes do happen unintentionally and if the problem does not
negatively affect the property or the community than a variance can be utilized in order to actually benefit all the
parties. At this time I am requesting a variance to both setback encroachments as listed above and as shown in
the attached packet on behalf of the project Whispering Pines 1 Town homes Amended.
(i) Response: If a variance were to be granted it would not negatively effect the property or welfare of the public.
If a variance is not granted then unfortunately the front two columns and gable entry roofs will need to be
removed. This would have a significant and negative impact on the form and function of the building which would
be negative on the welfare of the public. The moisture from the roof above would fall on the front doors and grade
below and would cause serious problems with ice and water and would significantly increase the possibility of
hazardous conditions to exist. In addition it would be detrimental to the architectural appeal of the building. I have
included a front elevation of what the front of the building would look like if we were to remove the gable roofs.
The columns are located in the walking paths and in the landscape areas and not in designate parking areas.
Maintaining the columns as they currently exist does not jeopardize the function or value to the property or to any
adjacent properties. The building is an improvement from what existed on the property prior to construction and
will enhance both the economic value and aesthetic value of the surrounding area.
(ii) Response: N/A
(iii) (iv) Response: By granting a variance the homeowner can maintain the aesthetic appeal of the building,
the function and practicality of the gable roofs and also maintain the marketability of the building, which helps the
community as a whole. If a variance is not granted then the columns and the roof above will need to be removed
negatively impacting the look, function and value of the building. This would then depreciate the value of the
property and its selling potential. If the value and sale ability of the building decreases then it has a negative
impact on the whole subdivisions' perceived value. This would be an unnecessary hardship not only to the
homeowner but to the subdivision as a whole. If the variance were granted it will actually maintain and possibly
increase the value of the property in question and the adjacent properties.
(v) Response: The variance is the minimum variance necessary to accomplish the intended purposes.
(vi) Response: If a variance is granted it would not be out of harmony with the intent of the zoning regulations.
Although a zoning setback violation has inadvertently occurred, it would be a detriment to the property and to the
community to enforce the setback rules. The reasons for setbacks are many and in this instance the setback
encroachment does not impact any of the issues that setbacks are intended to protect. The columns do not
negatively impact: parking, utilities and /or easements, landscaping, road maintenance, access to the site or
access to adjacent properties, views from adjacent properties, and they do not detract or diminish the property
values in the area. Keeping the columns will provide added safety to the public welfare, architectural interest to
the building, and increase the resale value of the property which supports the adjacent properties.
Thank you for your considerations on the subject and if you have any questions, please contact me at
(970) 726 -2365.
Sincerely,
Dean Cinocco
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Page 5
February 22, 2005
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DATE: February 16, 2005
SUBJECT: Letter Authorizing Agent on Behalf of Owner
To Whom It May Concern:
Dean Cinocco of Distinctive Designs Concepts in Winter Park, Colorado has our permission to act as
an agent on our behalf for all matters concerning the Appeal for Variance with the Board of Zoning
Adjustments in Fraser, Colorado.
If you have any questions, please contact us at 303 -522 -0907.
Sincerely,
Cott i mbal
^AI
Angeline flg, Owner Whispering Pines 1 Townhomes
er Whispering Pines 1 Townhomes
ARTICLE 13-10
BOARD OF ZONING ADJUSTMENT
Section 13 -10 -1. Creation.
(1) Pursuant to provisions of Section 139-60-7, Colorado Revised
Statutes, 1963, them: is hereby created a Board of Zoning lld ju.stment
which shall consist or five (5) members and which shall be appointed
by the Board of Trustees of the Town of Fraser. Further reference to
the Board of Zoning Adjustment may hereafter be made as the "Board".
Section 13 -10 -2. Membership.
(1) Within thirty (30) days after final passage or this Ordinance,
the Board of Trustees of the Town of Fraser shall appoint a Board of
Adjustment, the members or which shall be resident property owners of
the Town of Fraser. The terms of office of the members or the Board
of Adjustment shall be three (3) years each. Vacancies in said Board
caused by death, resignation, refusal to act or removal by the Board
of Trustees of the Town of Fraser, shall be filled by appointment of
said Board of Trustees. The Board of Trustees shall appoint the
Chairman of the Board of Adjustment.
Section 13 -10 -3. Duties of the Board or Adjustment.
(1)
The Board of Adjustment shall have the following duties:
(a) To meet at the call of the Chairman, or by the request of
the Building Inspector, the Board to Trustees of the Town of
Fraser, or by any party wishing to appeal the decision of the
same, as provided by Statute.
(b) To adopt any rules necessary to transact the Board of
Zoning Adjustment's business or to expedite its function: or
powers so long as they are not inconsistent with the provisions
of the applicable Colorado Statutes.
(c) To vote upon the granting of special permits provided by
this Ordinance or adjustments to requirements or the Zoning
Ordinance, which vote shall require the concurrance of four (4)
members of the Board in order to reverse any order,
requirements, decision or determination of any administrative
officer, such as the Building Inspector, or the Board of
Trustees of the Town of Fraser, or to decide in favor of the
applicant in a shatter upon which it is required to pass under
this Ordinance or to effect any variation in this Ordinance.
(d) To keep minutes of the proceedings of each meeting which
shall be filed in the office of the Board of Adjustment who may
designate the Building Inspector to keep such files, and which
shall be a public record.
(e) To permit the public to attend and be heard at all of its
meetings.
Section 13 -10 -4. Jurisdiction of the Board of Adjustment.
(1) Definition: The
jurisdiction over the
provisions of Sections
Statutes, as amended.
Board of Adjustment is hereby granted
granting of variances pursuant to the
31-23-301 and 31 -23 -307, Colorado Revised
(2) Variances: The Board of Zoning Adjustment shall have the power
to grant variances from the provisions of this Ordinance; but only
after consideration of the following provisions:
(a) That satisfactory proof has been presented to the Board
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.
(b) That the variance which is requested would not authorize
any use other than uses enumerated as a use by right of the
district
(c) That an unneccessary hardship to the owner would be shown
to occur if the provisions of the Ordinance were literally
followed.
(d) 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 this Ordinance, and cannot be
reasonably corrected.
(e) That the variance would not injure the value, use of, or
prevent the proper access of lighted air to the adjacent
properties
(f) That the variance would not be out of harmony with the
intent and purpose of this Ordinance.
13 -106
Section 13 -10 -5. Procedure.
(1) The Board of Adjustment shall act in strict accordance with all
of the applicable laws of the State of Colorado, Grand County, and
the Town of Fraser.
(2) The procedure shall be as follows:
(a) All appeals to the Board shall be in writing.
(b) Every appeal shall indicate what provisions of this
Ordinace are invloved and what relief is sought by the
applicant.
(c) The applicant shall set forth the grounds upon which an
appeal is being sought.
(d) The Chairman of the Board shall, within seven (7) days
after the filing or an appeal, call a meeting of the Board for
the purpose of reviewing the appeal..
(e) The Chairman of the Board shall furnish a copy of the
application to tha Board of Trustees of the town of Fraser for
an opinion, which opinion shall be returned to the Board before
the date set for the hearing on the appeal.
(f) The Board of Adjustment shall hold a public hearing on all
applications and appeals with the following conditions required:
(i) 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.
(ii) 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 feet (100') of the property in
question.
(iii) Preparation of and .payment of all notices sht:.11 be
the responsibility of the applicant.
(g) Before any variance is granted, the Board 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 unneccessary hardships involved.
(h) Unless otherwise stated in the Board minutes, all variance
permits shall be issued within six (6) months from the time such
variance is granted by the Board, after which time, if the
variance permit has not been obtained, it shall become null and
void.
13 -107
Section 13 -10 -6. Appeals from the Board of Adjustment_:.
(1) Every decision of such Board shall be subject, however, to
review by certiorari by the District Court of Grand County, 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 Fraser.
Section 13 -10 -7. Fees
(1) All appeals to the Board of Adjustment shall be accompanied by
payment of a fee of $75.00 for each separate decision or ruling from
which a variance request is being made. Said fee shall not be
refunded notwithstanding that applicant has withdrawn such appeal or
that such appeal is denied by the Board of Adjustment.
13 -108