PLANNING COMMISSION REGULAR MEETING WEDNESDAY, DECEMBER 19, 2018 MT. CRESTED BUTTE, COLORADO 5:00 P.M.

MT. CRESTED BUTTE TOWN HALL 911 GOTHIC ROAD

5:00 P.M. – PUBLIC HEARING – PUBLIC INPUT ON A LOT LINE VACATION AND REPLAT APPLICATION TO VACATE THE LOT LINE AND UTILITY EASMENTS BETWEEN LOT 3 AND LOT 4 SUNLIGHT RIDGE ESTATES AND TO ADJUST THE LOT LINE AND ESTABLISH A 16’ UTILITY EASMENT BETWEEN LOT 1 MORNING GLORY ADDITION AND LOT 3 SUNLIGHT RIDGE ESTATES, SUBMITTED BY BRUCE JACKSON (LEAH DESPOSATO).

5:00 P.M. – PUBLIC HEARING – PUBLIC INPUT ON A VARIANCE APPLICATION FOR LOT 23 CHALET VILLAGE ADDITION 6, AKA 71 CINNAMON ROAD, REQUESTING A FRONT SETBACK OF 11’-5” FROM A REQUIRED 20’ AND A FRONT DECK SETBACK OF 4’-3” FROM A REQUIRED 10’, SUBMITTED BY LACHLAN AND SKYE STEVENS (TODD CARROLL).

5:05 P.M. – CALL TO ORDER

ROLL CALL

ITEM 1 APPROVAL OF THE DECEMBER 5, 2018 REGULAR PLANNING COMMISSION MEETING MINUTES.

ITEM 2 DISCUSSION AND POSSIBLE RECOMMENDATION TO THE TOWN COUNCIL ON A LOT LINE VACATION TO VACATE THE LOT LINE AND UTILITY EASMENTS BETWEEN LOT 3 AND LOT 4 SUNLIGHT RIDGE ESTATES AND ADJUST THE LOT LINE AND ESTABLISH A 16’ UTILITY EASMENT BETWEEN LOT 1 MORNING GLORY ADDITION AND LOT 3 SUNLIGHT RIDGE ESTATES, SUBMITTED BY BRUCE JACKSON (LEAH DESPOSATO).

ITEM 3 DISCUSSION AND POSSIBLE RECOMMENDATION TO THE TOWN COUNCIL ON A VARIANCE APPLICATION FOR LOT 23 CHALET VILLAGE ADDITION 6, AKA 71 CINNAMON ROAD, REQUESTING A FRONT SETBACK OF 11’-5” FROM A REQUIRED 20’ AND A FRONT DECK SETBACK OF 4’-3” FROM A REQUIRED 10’, SUBMITTED BY LACHLAN AND SKYE STEVENS (TODD CARROLL).

OTHER BUSINESS

ADJOURN

1

This preliminary agenda is placed in the newspaper to notify the public of tentative agenda items for the meeting date noted above. The official posting place for the agenda is the bulletin board in the Mt. Crested Butte Town Hall entry. Please refer

to that official agenda for actual agenda items for the meeting date noted above.

If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance of the meeting.

Plans for designs to be reviewed at the meeting are available for viewing in the Mt. Crested Butte Town Hall.

2

PUBLIC HEARING FORMAT 5:00 P.M., WEDNESDAY, DECEMBER 19, 2018

Lot Line Vacation & Adjustment Replat Lot 1 Morning Glory Addition, Lots 3 & 4 Sunlight Ridge Estates

DISCUSSION BETWEEN COMMISSIONERS IS ONLY ALLOWED AFTER THE PUBLIC HEARING IS CLOSED

I. Open Public Hearing - PC Chairperson Open Public Hearing and State the time, date, location, and name those in attendance – Planning Commissioners, City Attorney (if attending), Town Manager, Community Development Staff, and any other staff in attendance. Ask members of public to please sign in on legal pad provided at hearing.

II. State Reason for Public Hearing – PC Chairperson Receive input on an application for a lot line vacation and adjustment replat application to vacate the lot line and utility easements between lot 3 and lot 4 Sunlight Ridge Estates, and adjust the lot line and establish a 16’ utility easement between lot 1 Morning Glory Addition and Lot 3 Sunlight Ridge Estates, submitted by Bruce Jackson.

III. Proof of Public Notice Publication – PC Chairperson Acknowledge Public Notice proof of publication with Community Development Staff. IV. Commissioner Disclosures – Commissioners disclose information received about the

matter outside of a public hearing or meeting in as much detail as possible, including whether any written materials received by the commissioner have been submitted to the Town Clerk. If not submitted, they need to be submitted. Commissioner must state whether such contact has affected their ability to decide the matter fairly and impartially based solely on the evidence presented at the hearing, and fairly apply applicable rules and law to the evidence presented. Recusal may or may not be appropriate at this time.

V. Written Comment – PC Chairperson Enter letters, emails, and other written comments received from the public into the record. Letters

shall be handed out before the meeting and acknowledged by Community Development Staff. VI. Town Staff Project Introduction/Comments/Recommendations – Community Development Staff Project introduction by Community Development Staff. VII. Applicant’s Comments – Applicant Comments and introduction by applicant. VIII. Public Comment/Questions – PC Chairperson

Anyone wishing to comment, pro or con, on Proposed Application please come forward and address the Planning Commission. Please state your name and address for the record. (Each person limited to 3 minutes, must speak at the podium, and are encouraged to not duplicate prior comments)

IX. Closing of Public Hearing – PC Chairperson Call for any final comments – when hearing none, Planning Commission Chair may close the Public Hearing. Discussion between commissioners is only allowed after the public hearing is closed.

NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION

TOWN OF MT. CRESTED BUTTE, COLORADO Please take notice that the Mt. Crested Butte Planning Commission will hold a public hearing on Wednesday, December 19, 2018 at 5:00 p.m. in the Council Chambers, Municipal Building, Mt. Crested Butte, Colorado. The purpose of the hearing is for public input on a lot line vacation and replat application submitted by Bruce Jackson to vacate the lot line and utility easements between Lot 3 and Lot 4 Sunlight Ridge Estates and adjust the lot line and establish a 16’ utility easement between Lot 1 Morning Glory Addition and Lot 3 Sunlight Ridge Estates. All interested persons are urged to attend. Written comments are welcome and should be received at the Town Offices, PO Box 5800, Mt. Crested Butte, CO 81225-5800, by fax to (970) 349-6326 or by email at ldesposato@mtcrestedbuttecolorado.us by Thursday, December 13, 2018 at 5:00 PM, Mountain Time. Application and site plan are available for viewing at Mt. Crested Butte Town Hall during regular business hours. For a digital copy of the application please contact the Community Development Department at (970) 349-6632. Dated this 26th day of November 2018. /s/ Tiffany O’Connell Town Clerk If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance of the meeting. Published in the Crested Butte News. Issue of November 30, 2018.

4

Town of MT. CRESTED BUTTE P.O. Box 5800

Mt Crested Butte, CO 81225 (970) 349-6632 Fax: (970) 349-6326

Memorandum Date: December 13, 2018 To: Planning Commission From: Leah Desposato, Community Development Support Administrator Subject: Lot Line Vacation and Adjustment Replat Application: Lot 1 Morning Glory Addition, Lots

3 & 4 Sunlight Ridge Estates

Bruce Jackson, owner of Lot 3 Sunlight Ridge Estates (14 Morning Glory Way), has submitted an

application for a Lot Line Vacation and Adjustment Replat. Bruce Jackson is selling his lot to his neighbors -

the Hogues and the Lovdens. James Hogue is the owner of Lot 4 Sunlight Ridge Estates (16 Morning Glory

Way), and the Lovdens (Stephan Loden and Larry Lovins) are the owners of Lot 1 Morning Glory Addition

(12 Morning Glory Way).

The application is to first adjust the lot line between Lot 1 Morning Glory and Lot 3 Sunlight Ridge

halfway into Lot 3 Sunlight Ridge. Lot 1 Morning Glory would be renamed to Lot 1A Morning Glory

Addition. Next, the lot line and utility easement between Lot 3 and Lot 4 Sunlight Ridge will be vacated.

The new lot created by the vacation would be renamed to Lot 4A Sunlight Ride Estates. There will be a

new 16’ utility easement established on the adjusted line between lot 4A Sunlight Ridge and 1A Morning

Glory (8’ on each side of the property line). In the end, Sunlight Ridge subdivision has one less lot, and the

subdivision would be smaller in size, and Morning Glory subdivision would be larger in size.

Town staff and Town attorney have reviewed the submitted documents and found them to be

complete and in compliance with the requirements of the Town Code. The public hearing notice was

published in the November 30, 2018 edition of the Crested Butte News, and the applicant mailed the public

hearing notice to the required neighboring properties within 200 feet. The Planning Commission shall hold

a public hearing on the application and shall consider public comment in making a recommendation to the

Town Council. All public comment received prior to the Thursday deadline has been included in your

packet. Bruce Jackson is represented by attorney David Leinsdorf. A copy of the guidelines for the public

hearing, public hearing notice, application materials, and the plat are attached.

The Planning Commission shall consider the criteria and make written findings of fact within the

motion as stated in Sec. 18-331(e)(1-10). The staff’s findings of fact are in red.

Lot Line Vacation Procedure Sec. 18-331 (e) (1-10)

Criteria and Findings. No application for a lot line adjustment or vacation shall be approved

unless the following conditions are met and the planning commission shall make written findings for each of

the factors set forth in subsection (e) before acting upon an application for a lot line adjustment or vacation.

(1) The application concerns legal lots and/or plat of record; Lot 1 Morning Glory Addition and Lot 3 & 4

Sunlight Ridge Estates are legal lots.

(2) Adjustment of lot lines or vacation of a subdivision or any part thereof will not interfere with

development of, nor deny access via public thoroughfare to, adjoining properties, utility service or

other improvements; Vacation and adjustment of lot line will not interfere with any other development,

public access, utility service or other improvements.

(3) Adjustment of lot lines or vacation of the subdivision or any part thereof will not be contrary to the

town zoning regulations; This lot line vacation and adjustment will not be contrary to the town zoning

regulations;

(4) The adjustment or vacation does not result in damage to any individual lot owner; Vacation and

adjustment will not result in damage to any individual lot owner.

(5) The application applies to properties within the same zoning district, e.g., single-family residential;

All properties are zoned Single-Family.

(6) The lot line adjustment or vacation shall not create the opportunity to further subdivide the

property or create a new lot for resale or development; The lot line vacation and adjustment will not

create an opportunity to subdivide.

(7) The requested action and any plan for development comports with the character of the

neighborhood; The lot line vacation and adjustment will not change the character of the neighborhood.

(8) In single-family residential districts, combined buildings on the lot created by the lot line

adjustment or vacation shall not exceed twenty-five (25) percent of the total created lot size, or

eight thousand five hundred (8,500) square feet, whichever is less. However, the square footage

may be further limited by the commission or council pursuant to findings of fact that support

further limitation; The planning commission chooses not to further limit the square footage requirements.

(9) The square-footage restriction stated in subsection (e)(8) shall not apply where a lot as originally

platted allowed combined buildings exceeding eight thousand five hundred (8,500) square feet. In

such instance, combined buildings shall not exceed the square footage allowed on the largest of the

lots as such were originally platted; The buildings shall not exceed the allowed square footage.

(10) Vacations within zone districts other than single-family residential shall meet requirements of their

zoning-specific district regulations. The vacation and adjustment meet the single-family requirements.

Proposed approval motion: I move to recommend that the Town Council approve the Lot Line Vacation and Adjustment Replat submitted by Bruce Jackson based on the compliance with the criteria and necessary findings of fact required by Sec. 18-331 subsection (e) of the Town Code as follows:

1) Lot 1 Morning Glory Addition and Lot 3 & 4 Sunlight Ridge Estates are legal lots; 2) Vacation and adjustment of lot line will not interfere with any other development, public access, utility service

or other improvements; 3) This lot line vacation and adjustment will not be contrary to the town zoning regulations; 4) Vacation and adjustment will not result in damage to any individual lot owner; 5) All properties are zoned Single-Family; 6) The lot line vacation and adjustment will not create an opportunity to subdivide; 7) The lot line vacation and adjustment will not change the character of the neighborhood; 8) The planning commission chooses to not further limit the square footage requirements; 9) The buildings shall not exceed the allowed square footage; 10) The vacation and adjustment meet the single-family requirements.

8

9

10

11

12

13

14

15

16

17

18

19

20

21

PUBLIC HEARING FORMAT 5:00 P.M., WEDNESDAY, DECEMBER 19, 2018

VARIANCE APPLICATION FOR LOT 23, CVA 6, AKA 71 CINNAMON MTN RD DISCUSSION BETWEEN COMMISSIONERS IS ONLY ALLOWED AFTER THE PUBLIC HEARING IS CLOSED

I. Open Public Hearing - PC Chairperson

Open Public Hearing and State the time, date, location, and name those in attendance – Planning Commissioners, City Attorney (if attending), Town Manager, Community Development Staff, and any other staff in attendance. Ask members of public to please sign in on legal pad provided at hearing.

II. State Reason for Public Hearing – PC Chairperson Receive input on a variance application lot 23 CVA 6, AKA 71 Cinnamon Mtn Road requesting a front setback of 11’-5” from a required 20’ setback and a front deck setback of 4’-3” from a required 10’ setback as submitted by Lachlan and Skye Stevens.

III. Proof of Public Notice Publication – PC Chairperson Acknowledge Public Notice proof of publication with Community Development Staff. IV. Commissioner Disclosures – Commissioners disclose information received about the

matter outside of a public hearing or meeting in as much detail as possible, including whether any written materials received by the commissioner have been submitted to the Town Clerk. If not submitted, they need to be submitted. Commissioner must state whether such contact has affected their ability to decide the matter fairly and impartially based solely on the evidence presented at the hearing, and fairly apply applicable rules and law to the evidence presented. Recusal may or may not be appropriate at this time.

V. Written Comment – PC Chairperson Enter letters, emails, and other written comments received from the public into the record. Letters

shall be handed out before the meeting and acknowledged by Community Development Staff. VI. Town Staff Project Introduction/Comments/Recommendations – Community Development Staff Project introduction by Community Development Staff. VII. Applicant’s Comments – Applicant Comments and introduction by applicant. VIII. Public Comment/Questions – PC Chairperson

Anyone wishing to comment, pro or con, on Proposed Application please come forward and address the Planning Commission. Please state your name and address for the record. (Each person limited to 3 minutes, must speak at the podium, and are encouraged to not duplicate prior comments)

IX. Closing of Public Hearing – PC Chairperson Call for any final comments – when hearing none, Planning Commission Chair may close the Public Hearing. Discussion between commissioners is only allowed after the public hearing is closed.

22

NOTICE OF PUBLIC HEARING BEFORE THE

PLANNING COMMISSION TOWN OF MT. CRESTED BUTTE, COLORADO

Please take notice that the Mt. Crested Butte Planning Commission will hold a public hearing on Wednesday, December 19, 2018 at 5:00 p.m., in the Council Chambers, Municipal Building, Mt. Crested Butte, Colorado. The purpose of the hearing is for public input on a variance application for 71 Cinnamon Road, Lot 23, Chalet Village Addition 6. The applicant is requesting a front setback of 11’-5” from a required 20’ and a front deck setback of 4’-3” from a required 10’. The application was submitted by Lachlan and Skye Stevens. All interested persons are urged to attend. Written comments are welcome and should be received at the Town Offices, PO Box 5800, Mt. Crested Butte, CO 81225-5800 or by fax to (970) 349-6326, or by email at tcarroll@mtcrestedbuttecolorado.us by Thursday, December 13, 2018. Application and site plan are available for viewing at Mt. Crested Butte Town Hall during regular business hours. For a digital copy of the application please contact the Community Development Department at (970) 349-6632. Dated this 26th day of November 2018 /s/ Tiffany O’Connell Town Clerk If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance of the meeting. Published in the Crested Butte News. Issue November 30, 2018.

23

COMMUNITY DEVELOPMENT DEPARTMENT

Town of MT. CRESTED BUTTE P.O. Box 5800

Mt Crested Butte, CO 81225 (970) 349-6632 Fax: (970) 349-6326

Memorandum Date: December 13, 2018 To: Planning Commission From: Todd Carroll, Community Development Coordinator Subject: 71 Cinnamon Variance Application

Lachlan and Skye Stevens have submitted a variance application regarding a front setback for their

residence at 71 Cinnamon Road (Lot 23, Block K, CVA 6). The Steven’s recently purchased the home at 71

Cinnamon and engaged Andrew Hadley Architecture to help them design an addition. During the design

process they discovered that the house was not built where it was supposed to be and encroached inside the

20’ front setback. An Improvement Location Certificate (ILC) from 1999 shows that the house has a front

setback of 13 feet +/-. The front setback is shown as 13’-3 15/16” on the Andrew Hadley Architecture site

plan. The proposed variance is asking for a 11’-4 5/8” front setback. The ILC shows the deck has about a

5’-8” +/- front setback with the stairs extending about 5’-6” onto the neighboring property at 69

Cinnamon Road (Lot 22, CVA 6). Town code allows decks to project halfway into a setback or in this case

10’. The proposed variance is requesting a 4’-2 ¾” front setback. I believe the stairs would remain in the

same place. Please note that the plat shows an 8’ utility easement. The applicants are looking into vacating

the utility easement which will be necessary for the deck to be extended further into the setback and utility

easement.

There is a letter from Bill Racek from 1999 responding to the submittal of the ILC that notes the

encroachments into the front setback. The letter states that “Any addition or remodel must attempt to

remedy these encroachments.” There is also a license agreement between the two original property owners

regarding the encroachments. The owners of 69 Cinnamon, Deborah Gutierrez and Mallory Thompson are

not the original owners and they have submitted a letter supporting the requested variance. Two other

neighbors have also submitted letters stating they are not opposed.

Section 21-430 Nonconforming structures and lot improvements pertains to legal nonconforming

lots and the house at 71 Cinnamon is not a legal nonconforming structure. This section would allow legal

nonconforming uses to continue but any additions would not be allowed to increase the nonconformity.

24

COMMUNITY DEVELOPMENT DEPARTMENT

The public notice was published in the November 30, 2018 edition of the Crested Butte News. The

applicant has paid the required fee and has mailed the public hearing notice to the required neighbors.

Please see the application, public hearing notice, neighbors letter of support, encroachment letter from Bill

Racek, license agreement, ILC and site plan drawings. All public comment received prior to the Thursday

deadline is included in your packet. The Planning Commission shall hold a public hearing on the application

and shall consider public comment in making a recommendation to the Town Council.

To grant a variance the Planning Commission needs to find that there is a practical difficulty and/or

an undue and unnecessary physical hardship. The Planning Commission shall consider the criteria as stated

in Sec. 21-406 and the planning commission shall make the findings listed in Sec. 21-407 copied below.

Staff comments are in red.

ARTICLE IX. VARIANCES

Sec. 21-401 Purposes; limitations.

Variances are deviations from the terms of this chapter that would not be contrary to the public interest

when, owing to special circumstances or conditions, the literal interpretation and enforcement of the

provisions of this chapter would result in practical difficulties and undue and unnecessary hardship. In order

to prevent or to lessen such practical difficulties and unnecessary physical hardships, variances from certain

regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size,

shape or dimensions of a lot; from topographic or physical conditions on the site or in the immediate

vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity.

Cost or inconvenience to the applicant of strict or literal compliance with this chapter shall not be a reason

for granting a variance.

Sec. 21-406 Criteria.

Before acting on a variance application, the planning commission shall consider the following factors

with respect to the requested variance:

(a) The relationship of the requested variance to other existing or potential uses and structures in the

vicinity; The requested variance has a potential conflict with one neighboring property owner and that

property owner has submitted a letter supporting this variance.

(b) The degree to which relief from the strict or literal interpretation and enforcement of a specified

regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or

to attain the objectives of this chapter without grant of special privilege; Staff believes that the proposed

setback variance request would help remedy a wrong that was not caused by the current owner and allow

them to realize a remodel/addition to their house and deck.

25

COMMUNITY DEVELOPMENT DEPARTMENT

(c) The effect of the requested variance on light and air, distribution of population, transportation and

traffic facilities, public facilities and utilities and public safety; Staff believes that the granting of the variance

will not have a detrimental effect on light and air, distribution of population, transportation and traffic

facilities, public facilities and utilities and public safety.

(d) Such other factors and criteria as the commission deems applicable to the proposed variance. The

town would like to have the illegal nonconformity status resolved.

Sec. 21-407 Findings.

The planning commission shall make the following findings before acting upon a variance:

(a) That the granting of the variance will be generally consistent with the purposes, goals, objectives

and policies of the Mt. Crested Butte Community Plan and this chapter; Staff believes that the granting of

the proposed variance would be generally consistent with the purposes, goals, objectives, and policies of the

Mt. Crested Butte Community Plan and this chapter.

(b) That the granting of the variance is the minimum variance that will make possible the reasonable

use of the parcel, building or structure; Staff believes that the proposed variance would help fix an illegal

nonconformity and allow for a reasonable addition/remodel.

(c) That the granting of the variance will not constitute a grant of a special privilege inconsistent with

the limitations on other properties classified in the same district; Staff believes that the granting of the

proposed variance will allow the applicant to fix a problem that was not caused by them.

(d) That the granting of the variance will not be detrimental to the public health, safety or welfare, or

materially injurious to properties or improvements in the vicinity; Staff believes that the granting of the

variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties

or improvements in the vicinity.

(e) That the variance is warranted for one (1) or more of the following reasons:

(1) The strict or literal interpretation and enforcement of the specified regulation would result in

practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter, The new

owners of the property have been left with a problem that they did not cause which should have been

resolved by the original owners.

(2) There are exceptional or extraordinary circumstances or unique conditions applicable to the parcel

which are not applicable to other parcels in the same zone, and which do not result from the actions of the

applicant,

(3) The strict or literal interpretation and enforcement of the specified regulation would deprive the

applicant of privileges enjoyed by other owners of other properties in the same district.

26

COMMUNITY DEVELOPMENT DEPARTMENT

Proposed approval motion: I move to recommend the Town Council approve the proposed

variance application of a front setback of 11’-5” and a front deck setback of 4’-3” as submitted by Lachlan

and Skye Stevens having considered the criteria in Section 21-406 and making the findings of fact as

required by Section 21-407, as follows:

(a) That the granting of the variance will be generally consistent with the purposes, goals, objectives and policies

of the Mt. Crested Butte Community Plan and this chapter;

(b) That the granting of the variance is the minimum variance that will make possible the reasonable use of the

parcel, building or structure;

(c) That the granting of the variance will not constitute a grant of a special privilege inconsistent with the

limitations on other properties classified in the same district;

(d) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially

injurious to properties or improvements in the vicinity;

(e) That the variance is warranted for one (1) or more of the following reasons:

(1) The strict or literal interpretation and enforcement of the specified regulation would result in

practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter,

Proposed denial motion: I move to recommend the Town Council deny the proposed variance

application from Lachlan and Skye Stevens based on the following:

27

1 | P a g e

From: Lachlan and Skye Stevens, Owners of #71 Cinnamon Mountain Road, MTCB. To: Mount Crested Butte Planning Commission Attn: Carlos Velado CC: Andrew Hadley, Architect. Date: 5th October 2018 Subject: Request for variance to #71 Cinnamon Setback

Dear Sir, Madam, We write this letter to request that a variance be provided to the setback from our property #71 Cinnamon to our neighbouring property at #69. We recently became aware when we submitted our draft plans for a remodel of the property to the planning department, that in fact our property #71 was subject to an encroachment. This was something that had unfortunately not been disclosed at the time of the sale earlier in the year. The original building plans that had been submitted to the town, show that the property was to be built within the setback provided for. However, likely to due hardship as a result of changes to the access to the feeder road (originally intended to come from the east) or due to the steep and unstable nature of the slope to the north of the lot, the property was built further south that what the plans showed. The remodel changes that impact the setback are; increasing the size of the garage to the existing deck line in order to provide for more than 1 under cover mid-size car parking space, and enclosing the existing southern deck above the extended garage out to the existing roofline, in order to manage water ingress above the extended garage and an extension to the eastern elevation to provide covered access to the middle level. In accordance with the original subdivision, access to #71 has always been across the neighbouring #69 property and the original encroachment of the retaining wall, stairs and parking onto that property has not been a concern to previous owners or the existing owners. We acknowledge that the remodel proposed does not remedy these long standing encroachments, and technically increases them given the nature of the changes to the front of the house (from deck setback to a house/garage setback). However, with the support of owners of the sole neighbouring property, we request that given the long-standing encroachment issue, unique nature of the circumstances, lack of disclosure of the matter at time of sale and minimal impact in building distance changes, and that there will be no changes to the right-of-way or easements in existence, we ask the commission to grant approval for variances to these setbacks as documented.

28

2 | P a g e

We are in receipt of copies of; site plans with changes in encroachments, ILC and previous letter of encroachment response (dated Nov 22nd 1999) along with the originally lodged site improvement plan. These five documents and a photograph of the southern elevation are attached to this letter for your reference. Kind regards, Lachlan and Skye Stevens Property Owners, #71 Cinnamon Mountain Road, Mount Crested Butte, 81225.

29

30

31

32

33

34

35

36

37

1 | P a g e

From: Deborah Gutierrez & Mallory Thompson, Owners of #69

Cinnamon Mountain Road, MTCB.

To: Mount Crested Butte Planning Commission

Attn: Carlos Velado

CC: Lachlan & Skye Stevens, of #71 Cinnamon Mountain Road, MTCB.

Date: 18th October 2018

Subject: Letter of Support to Variance application on #71 Setback

Dear Sir, Madam, We write this letter to provide our support to the application made by our neighbors, the owners of #71 Cinnamon Mountain Road, who have applied to the commission for a variance to the required setbacks from their property on to ours (#69). We are now aware that the original building was completed with encroachments on to our recently acquired property, #69 Cinnamon Mountain Road. We are in receipt of copies of; site plans with changes in encroachments, ILC and previous letter of encroachment response (dated Nov 22nd 1999). These four documents are attached to this letter for good order. It seems this issue should likely have been dealt with via a variance once it was first identified in 1999, we support having this issue we have all inherited dealt with now. The remodel will increase the encroachment by a further 6’, in order to allow for increased under-cover parking spaces. In accordance with the original subdivision, access to #71 has always been across our lot and the original encroachment of the retaining wall, stairs and parking onto our lot is of little concern to us. We would also consider providing a license in order for the existing staircase location to be maintained. Our opinion is that given there is limited real change to the physical encroachment and that this encroachment has been in existence since the building was built and that there will be no changes to the right-of-way or easements in existence, we will happily support the application for a variance to the setback and support their application for a remodel. Kind regards, Deborah Gutierrez & Mallory Thompson Property Owners, #69 Cinnamon Mountain Road, Mount Crested Butte, 81225.

38

From: Tim MillerTo: Todd CarrollCc: Margit MSubject: RE: 71 CinnamonDate: Monday, December 10, 2018 7:54:56 PM

Todd, As the owners of 44 Cinnamon Mtn Rd, we do not oppose the variance application for 71 Cinnamon. Tim and Margit Miller 

From: Margit M <margit4962r@hotmail.com> Sent: Monday, December 10, 2018 5:05 PMTo: Ice schatz <millertj62@hotmail.com>Subject: Fwd: 71 Cinnamon  

Sent from my iPhone

Begin forwarded message:

From: "Todd Carroll" <tcarroll@mtcrestedbuttecolorado.us>To: "Margit M" <margit4962r@hotmail.com>Subject: 71 Cinnamon

  

Todd CarrollCommunity Development Coordinator

P.O. Box 5800/911 Gothic RoadMt. Crested Butte, CO 81225

(970) 349-6632tcarroll@mtcrestedbuttecolorado.us

   

39

From: brian whitneyTo: Todd CarrollSubject: Re: 71 CinnamonDate: Friday, December 7, 2018 3:29:52 PM

As owner of the lot on 46 Cinnamon Road, I do not oppose the application for variance for 71Cinnamon.

Brian Whitney

On Fri, Dec 7, 2018 at 3:25 PM Todd Carroll <tcarroll@mtcrestedbuttecolorado.us> wrote:

Todd CarrollCommunity Development Coordinator

P.O. Box 5800/911 Gothic Road

Mt. Crested Butte, CO 81225

(970) 349-6632

tcarroll@mtcrestedbuttecolorado.us

40

41

42

43

44

PLANNING COMMISSION WEDNESDAY, DECEMBER 5, 2018 REGULAR MEETING COUNCIL CHAMBERS MT. CRESTED BUTTE, COLORADO PAGE 1 5:00 P.M. – CALL TO ORDER ROLL CALL PRESENT: ABSENT: Jamie Watt Sara Morgan- excused Reed Meredith Bobby Jarvis - excused Dusty Demerson Cynthia Peatross – excused Mary Kasala Also present: Todd Carroll, Leah Desposato, and Joe Fitzpatrick. ITEM 1 APPROVAL OF THE OCTOBER 17, 2018 REGULAR PLANNING COMMISSION MEETING MINUTES (LEAH DESPOSATO). Reed made a motion to approve the October 17, 2018 regular planning commission meeting minutes. Jamie seconded the motion. There was no discussion, and the motion passed unanimously. Mary abstained because she was not at the meeting. ITEM 2 ORDINANCE NO. 9 SERIES 2018 – DISCUSSION AND POSSIBLE CONSIDERATION OF A RECCOMENDATION TO THE TOWN COUNCIL ON AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MT. CRESTED BUTTE, COLORADO, AMENDING CHAPTER 21, SECTION 21-895 OF THE TOWN CODE OF THE TOWN OF MT. CRESTED BUTTE (LEAH DESPOSATO). Reed made a motion to recommend the Town Council approve Ordinance No. 9 Series 2018 with the amendment of removing “or portion thereof” from the Single and Two-Family dwelling units parking requirements section. Jamie seconded the motion and the motion passed unanimously. OTHER BUISNESS

• Move January meetings to the 9th and 23rd at 5:00 P.M. • Staff is looking into amending the variance code this winter for reasonableness.

5:21 P.M. – ADJOURN Mary made a motion to adjourn the meeting. Jamie seconded the motion, and the motion carried unanimously. ________________________________ Dusty Demerson, Chair Attest: __________________________________ Tiffany O'Connell, Town Clerk

45