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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 7 .00f' fr ,00•t,t, I FT r a O L ,00 •trb ,00 171 ,OO vb I r I I I O N L_ a a a a a aa ,r' ,1 aaaa a a i a a ka a a a .00 a a aj f? C7 'a! a ak a a a a s a a s a a.a J 4 i s aa im• a1 as aa'ia aaa i `a a a S00'18'39" f 1 t z cni c\1 ca 0 0 J i Page 5 February 22, 2005 0 v j 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