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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2014-12-02RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment December 2, 2014 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lynch, Vice-Chair Jeff Moreau, Members Wayne Newsom, Pete Smith, and Don Darling Attending: Chair Lynch, Members Moreau, Newsom, Smith, and Darling Also Attending: Planner Kleisler, Recording Secretary Thompson Absent: None Chair Lynch called the meeting to order at 9:00 a.m. There were two people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were two people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the November 4, 2014 meeting. It was moved and seconded (Smith/Moreau) to approve the Consent Agenda as presented and the motion passed unanimously. 3. METES & BOUNDS PARCEL LOCATED AT 2515 TUNNEL ROAD (YMCA) Planner Kleisler reviewed the staff report. The request is for a variance from EVDC Section 4.4, Table 4-5 which limits building height to thirty (30) feet in all zone districts, with additional height allowances for sloped land. The applicant desires to construct a proposed Mountain Center with an indoor climbing wall approximately two feet above the slope-adjusted height limit. Planner Kleisler stated a development plan was approved by the Estes Valley Planning Commission October 18, 2014, and includes a 5,400 square foot building, 6,200 square foot walkout area, and a 55-space parking lot. The proposed LEED Certified building will be constructed in one phase, with the date of commencement still to be determined. The proposed building will have an open floor plan to accommodate a variety of recreation sports for use by on-site guests. Planner Kleisler described how the slope-adjustment is calculated. The YMCA of the Rockies’ proposal aligns with their 2007 Master Plan. He explained only a small portion of the building will exceed the height limit. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 December 2, 2014 The design of the proposed Mountain Center aligns with the character of the surrounding buildings on the property. Planner Kleisler stated the application was routed to affected agencies and adjacent property owners. No written comments were received. One nearby property owner visited the Community Development Department to inquire about the project. After viewing the plans, he was not opposed to the variance. Staff Findings 1. In determining whether special circumstances or conditions exist, staff found the project site has an average slope of approximately 10%. This slope, combined with the proposed layout of the building, presents practical difficulty in meeting the height limitations. 2. In determining “practical difficulty”, staff found: a. The accommodations use may continue b. The variance is not substantial c. The essential character of the neighborhood would not be substantially altered with the approval of this variance. Given the size of the YMCA property (593 acres), the building will likely not be seen from surrounding residential properties. The distance to the nearest residential property is over 1,000 feet and generally screened by topography and vegetation. There also appears to be little or no impact to surrounding cabins on the YMCA property. d. Affected agencies expressed no concerns relating to public services for this variance. e. The YMCA of the Rockies was established in 1907, long before land use codes. The YMCA received approval for their long range master plan in 2007, after the adoption of the current height standards. f. The applicant’s predicament can be mitigated only through a height variance. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff found the applicant has designed the building with height limitations in mind, sinking the lower floor approximately three feet below existing grade. According to the application, sinking the building further down would negatively impact the parking lot. Altering the pitch and design of the roof is possible, but this would further shorten the climbing wall and may be out of character with other YMCA buildings. 4. In granting such variances, the Board of Adjustment may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Should the variance be obtained, staff recommends a Surveyor Certificate be required to confirm compliance. Staff recommends approval of the requested variance, with conditions of approval listed below. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 December 2, 2014 Staff and Member Discussion There was brief discussion about a discrepancy on the site plan. Public Comment Steve Lane/applicant representative clarified the walkout area will be 6200 sq feet with the upper area being 5400 square feet. From the loop of cabins to the SE of the site, the building will not appear to be above the height limit. The climbing wall comes in at just about 28 feet, which is a little shorter than desired. Conditions of Approval 1. Height (elevation) certificate shall be submitted to the Community Development Department prior to issuance of a Certificate of Occupancy. It was moved and seconded (Newsom/Moreau) to approve the YMCA of the Rockies height variance request with the findings and conditions recommended by staff and the motion passed unanimously. 4. METES & BOUNDS PARCEL LOCATED AT 165 VIRGINIA DRIVE (Courtyard Shops) Planner Kleisler stated the applicant was requesting a variance from EVDC Section 4.4, Table 4-5, which requires buildings and accessory structures be setback a minimum of eight (8) feet from the front property line in the CD–Commercial Downtown zone district. The request is to encroach approximately four (4) feet into the setback to construct a 25- square-foot fire riser room addition. The Courtyard Shops building is mixed-use, with commercial units in the front, and residential units in the rear. Planner Kleisler stated the applicant received a variance for the fire riser room addition on May 7, 2013, but did not commence work before the variance approval expired. There have been no changes from the original variance application. Planner Kleisler stated changes of use for portions of the building triggered the requirement of an automatic fire sprinkler system. The riser room is part of that system. Planner Kleisler stated the application was routed to affected agencies, and comments are addressed in the Conditions of Approval listed below. Staff Findings 1. In determining whether or not special circumstances or conditions exist, staff found the location of the water line/tap serving the Courtyard Shops building was determined with the Virginia Drive paving project two years ago. At that time, the Town installed a new water service line/tap in anticipation of the need to upsize service into the building. 2. In determining “practical difficulty”, staff found: RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 December 2, 2014 a. Installation of the sprinkler system has a significant positive impact on building use. The illegal residential units can become legal units, and as businesses change in the future, the sprinkler system provides more flexibility for uses of individual rental spaces to change uses in the future. b. The variance is not substantial. The eight-foot minimum setback allows for sidewalks and pedestrian access in the downtown area. The adjacent sidewalk on Virginia Drive and pedestrian traffic will not be adversely impacted. c. Regarding substantial alteration of the essential character of the neighborhood, staff found the sprinkler system will reduce risk of fire spreading to adjacent properties and is, therefor, a benefit to adjacent properties. Building safety will be significantly improved with installation of the sprinkler system. d. The applicant purchased the property in 2013 with knowledge of the setback standards. e. The applicant’s predicament cannot be mitigated through some method other than a variance. Per code, a room must be dedicated solely for use as the riser room. The garage was considered an option, but it contains mechanical equipment and electrical panels. f. If authorized, the variance represents the least deviation that will afford relief. The room is small at just 25 square feet. g. In granting such variances the Board of Adjustment may require conditions. Staff can determine compliance with the variance without a setback certificate. Planner Kleisler stated staff recommended approval, with the conditions of approval listed below. Staff and Member Discussion Member Darling inquired about the finish of the riser room. Public Comment Steve Carlyle/applicant stated the finish would match the existing exterior finish. He explained there were problems locating and installing the water line prior to the summer season, which delayed the process and allowed the previous variance approval to expire. Conditions of Approval 1. Compliance with memo from the Estes Valley Fire Protection District dated November 19, 2014. It was moved and seconded (Darling/Smith) to approve the variance request for the Courtyard Shops with the staff findings and conditions recommended by staff and the motion passed unanimously. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 December 2, 2014 5. REPORTS 1. Planner Kleisler reported on a variance request for lot width in the High Drive area. The application will be before the Board of adjustment in March. 2. Planner Kleisler will continue bringing an educational piece to the Board. If the Board has specific topics in which to become more educated, please let him know. There being no other business before Board, the meeting was adjourned at 9:18 a.m. ___________________________________ John Lynch, Chair __________________________________ Karen Thompson, Recording Secretary