HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2018-10-02RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
October 2, 2018 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete
Smith, John Lynch
Attending: Members Newsom, Poggenpohl, Smith, Lynch, Moreau
Also Attending: Community Development Director Randy Hunt, Planner II Brittany
Hathaway, Recording Secretary Robin Becker
Absent: None
Chair Poggenpohl called the meeting to order at 9:00 a.m. There were 27 people in
attendance. He introduced the Board Members and staff.
1. AGENDA APPROVAL
It was moved and seconded (Lynch/Moreau) to approved the agenda as presented
and the motion passed 5-0.
2. PUBLIC COMMENT
None.
3. CONSENT AGENDA
Approval of minutes dated September 11, 2018
It was moved and seconded (Newsom/Lynch) to approve the minutes for September
11, 2018 as presented and the motion passed 5-0.
4. 425 BIRCH AVENUE, Clifford and Heather Gier, owners
Planner Hathaway reviewed the variance request stating that it was to grant an alternative
side setback of 2 feet in lieu of the established 10-foot minimum front setback required by
the R-Residential Zoning District to extend the current deck on the east side of the
property. Staff recommended approval of the variance request.
Applicant Comments:
David Bangs, Trail Ridge Consulting Engineers, answered questions raised by board
members. A building permit has not yet been applied for. Stairs will come off the south
edge of the deck and will be within the setbacks. The deck will comply with all building
code requirements.
It was moved and seconded (Moreau/Lynch) to approve the requested variance
allowing a setback of 2 feet on the east side of the property in lieu of the 10 foot
required setbacks. The motion passed 5-0.
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5. 216 SPRUCE DRIVE #2, Brenda Graves-Blevins, owner
Planner Hathaway reviewed the variance request stating that it was to grant an alternative
side setback of one half (0.5) foot in lieu of the established 10-foot minimum front setback
required by the RM-Multi Family Zoning District to construct a new deck on the west side
of the building. Staff recommended approval of the variance request
Staff and Board Member Discussion:
There have been no neighbor complaints and access to existing units in the area would
not be affected.
It was moved and seconded (Newsom/Moreau) to approve the requested variance
allowing a setback of 0.5 feet on the west side of the property in lieu of the 10 foot
required setbacks. The motion was amended (Moreau/Smith) with the addition of
requiring a registered land survey when the project is complete. The amended
motion passed 5-0.
6. ALARADO BUSINESS PARK, STEAMER DRIVE/BIG THOMPSON AVENUE, Jeffrey
and Tami Berger, owners
Planner Hathaway reviewed the variance request to allow individual dwelling units for
employee housing to exceed 800 square feet of gross floor area and for the proposed
accessory use (employee housing) to exceed that of its principle use.
Staff and Board Member Discussion:
Director Hunt noted that the Development Plan will be going before the Planning
Commission on October 16. He explained the history of the employee housing language
in the Estes Valley Development Code. The general approach is to provide housing in
Commercial zoning that does not interfere with the commercial nature of the property.
There are no specific mechanisms in the EVDC to provide transportation. If there is not
enough parking on CO property certain uses are not allowed. This property has the
option of the shuttle service and the convenient location allowing employees to walk to
work. The parking is tied to the variance due to the number of units. Bike racks are
located in four places around the building. A pedestrian crosswalk has been discussed
with public works. The location of the postal cluster boxes causes an additional traffic
problem. It was requested that the Planning Commission look very hard at the pedestrian
walkway access. The maximum building height is 30 feet.
Applicant Comments:
Ryan Wells, Colorado Properties and Jimmy John’s franchise owner addressed questions
from the board. The units are 3200 square feet rather than 800 square feet due to the
businesses interested in renting them wanting to house 4-8 people per unit. One
business would lease one unit, with a maximum of eight occupants. There will be a
manager on site. The project is not a condominium project and could not be sold as such.
Distance from the nearest house to the proposed building is 150 feet.
David Batey, Estes Park Health Board President, discussed the need for housing and
urgent care, expressing the hospital’s support of the project.
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Estes Valley Board of Adjustment 3
October 2, 2018
Lonnie Sheldon, Van Horn Engineering, gave a PowerPoint presentation detailing the
project.
Public Comment:
Those citizens speaking in favor of the project, mainly in support of employee
housing needs, included:
Bill Van Horn, Ryan Leahy, Dianne Muno, Jon Nicholas, Gerald Mayo, Tom Bergman
Those citizens speaking against the project, stating concerns with dorm style
housing, alteration of neighborhood, housing is double the size of the commercial
use, codes not being followed, traffic impact, poor design for location, included:
Ann Findley, Jean Lindholm, Greg Rosener, Carol Rinehart, Doug Siek, Steve Johnson
Staff Comments/Questions:
Lynch and Smith commented that J1 workers are not going away and this is a well-
proposed and thought out project. Proximity to town is a plus. Moreau remarked that
everybody is for employee housing but not in his or her neighborhood. If you live in a
neighborhood with different zones next to you, you should assume something you may not
want will be built there. It is important to push for work force and employee housing and
not be so prejudiced about having it in our neighborhoods if they are zoned for such. We
need to stretch the limits of our zoning to take care of the needs of Estes Park.
Poggenpohl stated he is in favor of mixed-use development, but not the residential portion
being considerably larger than the commercial portion of this project.
It was moved and seconded (Moreau/ Smith) to approve the requested variance
allowing individual dwelling units for employee housing to exceed 800 square feet
of gross floor area. The motion passed 5-0.
It was moved and seconded (Moreau/Lynch) to approve a variance from Section
5.2.C.2.a.2.b "Additional Requirements for Specific Accessory Uses in
Nonresidential Zoning Districts – Employee Housing" to permit total cumulative
square footage of the employee housing units and accessory use areas to exceed
that of the principal use. The motion passed 4-1 with Poggenpohl voting against.
7. REPORTS:
Director Hunt- Updated the board on the Mountain Coaster Appeal, Neighborhood and
Community Meeting Code Amendment and the current projects worksheet.
Member Moreau voiced concerns about the Town not following through with conditions on
variances granted or projects not in compliance with town code’s and regulations (ie:
buildings, lights). Director Hunt agreed saying we should do as we tell others to do and set
and stick with standards.
There being no other business before the Board, the meeting adjourned at 11:14 a.m.
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Rex Poggenpohl, Chair
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Estes Valley Board of Adjustment 4
October 2, 2018
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Robin Becker/Karin Swanlund, Recording Secretary