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Home My WebLink AboutMINUTES Estes Valley Board of Adjustment 2004-11-02-I RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment November 2, 2004, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, Cliff Dill, and Alternate Jeff Barker Chair Horton, Members Sager, Dill, Levine, and Newsom Also Attending: Planner Chilcott, Planner Shirk, and Recording Secretary Roederer Absent:Director Joseph Chair Horton called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the August 3, 2004 meeting. 2. LOTS 17. 18. 19. & 20. HUPPS ADDITION BLOCK 6. 172 WEST ELKHORN AVENUE. APPLICANT: CARDINAL PROPERTIES. LLC - VARIANCE REQUEST FROM SECTION 4.4.C.1 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. She stated that the property was purchased by the Estes Park Urban Renewal Authority (EPURA) in 2002 and there is a public/private partnership between EPURA and Cardinal Properties, LLC to develop the property. The development, including four retail units, an additional unit which may be used as a cultural arts facility, and upstairs residential units was tentatively approved by EPURA at their meeting on October 20, 2004. EPURA is continuing discussions with Cardinal Properties to finalize details, which may result in some redesign. The applicant requests a minimum setback of 3.5 feet from the West Elkhorn Avenue property line, a minimum setback of 5.8 feet from the Wiest Drive property line on the first floor, a minimum setback of zero feet from the Wiest Drive property line on the second floor, and a maximum setback of twenty-one feet from the Wiest Drive property line on the first floor. Planner Chilcott stated there are special circumstances associated with this lot that are not common to other lots in the “CD” zoning district. The minimum setback requirement was intended to provide space for a sidewalk between the edge of the asphalt and the building line. If the requested variance is granted for the West Elkhorn Avenue property line, there will still be room for a 17.5-foot sidewalk. The requested variance to the maximum sixteen-foot setback is to allow a recessed entranceway to the first floor which will not affect the continuity of the pedestrian storefront environment. Planner Chilcott noted that if the Wiest Drive variance is granted, there will still be room for the sidewalk along the Wiest Drive property line and two-way travel lanes accessing the parking lot to the south. EPURA’s current plans are to maintain two-way access along the portion of Wiest Drive that borders this property. The portion of Wiest Drive running parallel to Fall River will be a service-entry-only access. Main roads typically have twelve-foot-wide lanes; secondary roads typically have eleven-foot-wide lanes. Planner Chilcott noted that her original calculations were incorrect—when measured from the curb on the east side of Wiest Drive, the variance allows for an eight-foot wide sidewalk and proposed travel lanes approximately 10.4 feet wide, not eleven feet wide. She stated that the requested variance is not substantial and fits in with the West Corridor plan to redevelop this area. Planner Chilcott recommended an additional condition if the variance is approved—the sidewalk shall be a minimum width of eight feet along the Wiest Drive property line in order to provide adequate room for pedestrians. Affected property owners were notified and no comments were received. Affected agencies were notified; the Estes Park Sanitation District saw no problems and EPURA was supportive. Al Wasson, Chair of EPURA, stated that the development is a public/private partnership and is integral to EPURA’s West Corridor Plan. He stated that EPURA will be responsible for site improvements, including landscaping and streetscaping. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 2, 2004 which will conform to current EPURA standards. EPURA considers this an anchor point for this portion of the riverwalk, along with Performance Park. Wil Smith, Director of EPURA, stated that EPURA’s goal was to develop a retail anchor for the site and that the adjacent streetscape and riverwalk are a top priority. He noted that Cardinal Properties has a good local track record. Board Member Levine questioned where residents of the second-floor units will park and whether they would be competing for parking spaces in the Wiest parking lot. Mr. Smith acknowledged that potential shopper parking will be used by the residents but noted that the Town’s emphasis has been on mixed use of the downtown area to promote maximum diversity. Chair Horton stated that employees who work downtown also use parking spaces and those individuals park farther away becaus they do not need quick access to their vehicles. Steve Lane of Basis Architecture and Cardinal Properties, LLC stated that although complete plans showing pedestrian improvements and the Wiest Drive design were Sa laSrat the time Sf the meeting. EPURA is preparing these plans and would Ee SSlt for the site work. He stated that with the completion of the western portton^of theriTOrwalk, the sidewalk along Wiest Drive be used es^as the rive™airdHrn rtedmaf by MSHTo'Sards, rv?rD^vro™tUeett^ to spill into. Board Member Levine questioned how the loading area stown.on J>ljfOhPl«;;;w^l0bs| used. Mr. Lane noted that most be able t0 pun |n to the unloading area ST^rS, eStarea will also be used as a loading zone for vehicle deliveries. Sa"siSrk.rlre^S^ grade level and will overhang the sidewalk by three fe . Public Comment: poet of the proposed development at 152 Byron Hall, owner ofthe ProP® ^ about large trucks hitting and damaging West Elkhorn Avenue, stated his^°"cer"sthe seCond-story setback is zero feet. He the building when turning the comer w he d jn that area and questioned also stated his concerns about the stated that the overhang the setback provided in the p'an. Board M er biock, thus eliminating does not occur on the l?u;ld,n.9 acb0°raer^^^^ catch the building. Chair Horton the concern that a truck tu.r"'ng/.hhee be reduced. Mr. Smith stated that -deucVeed. as it was for Performance Park. Board Member Sager stated his. onflic?eb5e^een VmotoSedq vehicles and Drive, noting that there would ^fshould be allowed for smaller travel pedestrians. He questioned . t ()anes and how the plan provided for lanes rather than the standard twe've-foot t n a curb. Member Sager gs'ficrU'S— s Li i.’ which will be separated with a curb. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 November 2, 2004 It was moved and seconded (Newsom/Levine) to approve the variance setbacks as shown on the Riverspointe Development Plan and the motion passed. Those voting “Yes”: Newsom, Levine, Horton, and Dill. Those voting “No”: Sager. 1. Compliance with the approved Development Plan #04-10. 2. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 3. The sidewalk shall be a minimum width of eight feet along the Wiest Drive property line in order to provide adequate room for pedestrians. 3. REPORTS Planner Shirk reported on the Loonsten variance approved on August 3, 2004. He stated that one condition regarding the setback certificate had been changed at the staff level. The county building official will verify the setback; a registered land surveyor has verified the property line. He noted that the foundation is on a skid and could therefore be moved if necessary. Board Member Sager stated that in regard to the variance granted in August for the property at 430 Prospect Village Drive, conditions of the variance have not been met. The fence has been moved but the furniture has not been taken in. Planner Chilcott stated that she will contact the code compliance officer and work with him on this issue. There being no further business. Chair Horton adjourned the meeting at 9:08 a.m. Horton, Chair ujie Roeder^r, Recording Secretary