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PACKET Estes Valley Board of Adjustment 2016-09-13
Prepared: September 7, 2016 * Revised: STUDY SESSION AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, September 13, 2016 8:30 a.m. Town Hall, Rooms 202 & 203 8:30 Lazy B Ranch & Wranglers Variance Request Planner Gonzales 8:50 Adjourn to meeting Chair Lynch Informal discussion among Board Members concerning agenda items or other Town matters may occur before this meeting at approximately 8:15 a.m. The public is welcome to attend study sessions; however, public comment will not be accepted. Times are approximate. Prepared: September 6, 2016 * Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, September 13, 2016 9:00 a.m. — Town Hall Board Room 1. OPEN MEETING & INTRODUCE MEMBERS 2. PUBLIC COMMENT 3. CONSENT AGENDA Approval of minutes dated August 2, 2016 4. METES & BOUNDS PARCEL, 1337 CLARA DRIVE, TEMPLE RESIDENCE VARIANCE (Continued from August meeting) Owner: Jim & Linda Temple Applicant: C Aubrey Carson Request: Variance from EVDC Section 4.3, Table 4-2 which requires 50-foot setbacks in the RE—Rural Estate zone district. Request to allow a 30- foot side setback for a proposed detached garage. Staff: Audem Gonzales 5. LOT 8, RESUBDIVISION OF A PORTION OF PARK HILL, 2061 E. HIGHWAY 36, BRUELL RESIDENCE Owner: John & Mary Bruell Applicant: John & Mary Bruell Request: Post-construction variance from EVDC Section 4.3, Table 4-2, which requires 50-foot setbacks on all sides in the RE—Rural Estate zone district. Request to allow a side setback of 11 feet and a rear setback of 8 feet to allow existing addition to single-family dwelling remain. Existing dwelling sits entirely in the current setback. Staff: Audem Gonzales 6. METES & BOUNDS PARCEL LOCATED AT 1665 HIGHWAY 66, LAZY B RANCH & WRANGLERS Owner: Randy Jackson & Michael Andrejek Applicant: Michelle Oliver Request: Variance from EVDC 7.11.N.2.b, which states loading areas shall not be located in a required setback, and street side loading docks shall be set back at least 70 feet from the street property line or 110 feet from the street center line, whichever is greater. Request to place the loading area for the Lazy B Ranch & Wranglers building 43.3 feet from the street property line and 61.6 feet from the center line of Mills Drive. Staff: Audem Gonzales Continued on next page 7. REPORTS 8. ADJOURNMENT The Estes Valley Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment August 2, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lynch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff Moreau, John Lynch, and one vacancy Attending: Chair Lynch, Members Newsom, Moreau, and Smith Also Attending: Planner Audem Gonzales, Recording Secretary Thompson Absent: Member Moreau Chair Lynch called the meeting to order at 9:00 a.m. There were five 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. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes dated June 7, 2016. Approval of minutes dated July 12, 2016. It was moved and seconded (Smith/Moreau) to approve the Consent Agenda as presented and the motion passed 4-0 with one vacancy. 3. METES & BOUNDS PARCEL, 1337 CLARA DRIVE, TEMPLE RESIDENCE VARIANCE Planner Gonzales reviewed the staff report. He stated the applicants, Jim and Linda Temple, requested a variance from EVDC Section 4.3, Table 4-2, which requires 50-foot setbacks in the RE—Rural Estate zone district. The applicant desires to encroach 20 feet into the setback to construct a proposed detached two- car garage with a carport. The proposed structure would be approximately 1200 square feet located on the east side of the existing residence. The existing residence is a legal non-conforming accessory dwelling unit (ADU). The lot is approximately 4.38 acres in size, which substantially meets the 2.5 acre minimum lot size for this zone district. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 August 2, 2016 Planner Gonzales stated the application was routed to all affected agencies. No major comments or concerns were received. A legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. Again, no comments were received. Staff Findings 1. Special circumstances or conditions exist: Staff found the property has significant rock outcroppings, and putting the garage outside the setback would require blasting. Further east, there is an existing single family home and a small cabin. With the variance, the garage would be located approximately 38 feet from the single-family dwelling. Locating the proposed garage on the west side of the ADU would require excessive rock blasting and potentially affect a key drainage area on the site. The north portion of the lot would be a very challenging site in regards to topography and natural features. 2. In determining "practical difficulty": a. Whether there can be any beneficial use of the property without the variance; Staff found the existing ADU can be used without a detached garage. The lot size allows up to approximately 3,000 square feet of gross floor area of accessory uses. The proposed accessory use is allowed on the property. In order to avoid a main drainage feature on the site and rock blasting, the applicant proposes to place the building on the east side of the existing ADU, 30 feet from the east property line versus the 50 feet required. The structure also proposes to utilize the existing driveway on the site. b. Whether the variance is substantial; Staff found the variance is not substantial in regard to the level of deviation requested. The deviation from Code standards would be a 40% deviation. The Board of Adjustment is the decision-making body for requests over 25%. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance: Staff found the single-family character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment. The property to the east of the subject property is developed with a single- family home and a small cabin, which is located eight feet from the property line. The small cabin would be located approximately 38 feet from the proposed garage at 1337 Clara Drive. Staff found several homes and small structures have been built within the 50-foot required setback in this neighborhood. These structures were most likely built prior to setback regulations and are considered legal non-conforming structures. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 August 2, 2016 Staff found approval of this variance would not have any effect on public services such as water and sewer. e. Whether the applicant purchased the property with knowledge of the requirement; Staff found the applicant purchased the property in 2012. The RE—Rural Estate zone district setback requirements were in effect at the time of purchase. f. Whether the applicant's predicament can be mitigated through some method other than a variance; Staff finds this is the only practical method to construct this building at this location. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief: Staff found the conditions of this application are not general. They are specific to this property, size, and orientation. 4. In granting such variances, the BOA may require such conditions that will, in its independent judgement, secure substantially the objectives of the standard so varied or modified. Staff found no reduction in lot size or increase in number of lots proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff found the new structure appears to be a reasonable development proposal and aims to make a practical decision in the placement of the building. This variance would represent the least deviation from Code that will afford relief. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff found the variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions that will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff found a setback certificate shall be provided to Staff for review to verify compliance with the approved variance for the detached garage. Planner Gonzales stated staff recommended approval of the variance request with one condition of approval, listed below. Member and Staff Discussion Planner Gonzales stated the applicant was not present. Member Newsom stated the gate was locked and he was unable to access the property. He questioned why the garage couldn't be located closer to the house. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 August 2, 2016 Planner Gonzales stated there are many rock outcroppings that would require blasting. Member Moreau stated blasting would still be required. Member Smith stated he thought the garage could be located closer to the house. Member Lynch stated the buildings were constructed in the early 1900s, and the proposed location would not be detrimental to the adjacent property owners, as the property is over four acres in size. There was discussion about the proposed location and the effects of the rock outcroppings. Planner Gonzales stated the Board could vote to continue the meeting to allow the applicant to attend and let the members know if testing has been done to locate the bedrock on the site. Director Hunt stated it would be appropriate to continue the meeting so the applicant could speak to the Board. Public Comment None. Condition of Approval 1. A setback certificate shall be provided to Community Development Staff to verify compliance with the approved variance for the detached garage. It was moved and seconded (Moreau/Smith) to continue the variance application to the next meeting in order for the applicant to be present and the motion passed unanimously with one vacancy. 4. LOT 2, ESTES PARK SCHOOLS SUBDIVISION, 650 COMMUNITY DRIVE, ESTES VALLEY COMMUNITY CENTER VARIANCE Planner McCool reviewed the staff report. She stated the variance request was from EVDC Section 4.4, Table 4-5, Density and Dimensional Standards, which has a maximum height limit of 30 feet. The request is to exceed the 30-foot height limit by just over one foot (1'- 3/8") to accommodate a defined main entry to the community center building. The 6.49 acre site is located at the corner of Community Drive and Manford Avenue, with a slope to the north. The property is zone CO—Commercial Outyling, and previously contained the old elementary school. The proposal includes a publicly-owned community center, approximately 66,000 square feet in size, and incorporates the existing 12,552 square foot aquatics center. Planner McCool stated there have been other development review decisions concerning this project. A Development Plan was approved by the Estes Valley Planning Commission on July 19, 2016. There was one condition of approval with that decision; the requirement to construct a sidewalk on the Manford Avenue side of the property. The applicant received approval of a Minor Subdivision Plat by the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 August 2, 2016 Town board on July 26, 2016. This application created two lots, one containing the existing school buildings and the other to accommodate the proposed community center. The final application is for the height variance. The variance application was routed to all affected agencies and adjacent property owners and a legal notice was published in the local newspaper. No significant comments were received. Planner McCool stated the defined main entry of the building, as planned, would exceed the height limit. The area where the main entry would be most visible would be along Community Drive. The extended height makes up only 20 feet of the entire building frontage, and will be difficult to discern if you are walking or driving by the proposed building. She stated the east side of the building will be the front, and the building location will be on the interior of the lot. She stated the design of the proposed community center has gone through many changes, including one with a height of 15 feet over the 30-foot limit. Today's application is the result of a lot of hard work by the applicant and designers. Staff Findings 1. Special circumstances or conditions exist: Staff found the subject development includes an adaptive reuse component of the existing aquatics building, which limits significant grading of the site and promotes a more environmentally sustainable project, saving both material and energy resources by using as much of the existing facility as possible. Due to the sloping nature of the site, the sloping roof above the building entry/lobby protrudes slightly above allowable limits. The proposed height and materials are consistent with the existing Aquatics Building structure and surrounding school buildings. As such, the interior configuration of the building and ability to incorporate the aquatics facility into the building design, makes it an appropriate location for additional height slightly beyond that permitted in the Outlying Commercial zone. Staff finds the proposed development advances several adopted Community-Wide Policies set forth in the Estes Valley Comprehensive Plan, especially in consideration of design and breaking up the façade to create visual relief and stepping down buildings with sloping grades. It also advances community design, mobility and circulation and economic policies set forth in the Comprehensive Plan. 2. In determining "practical difficulty": a. Whether there can be any beneficial use of the property without the variance; Staff found the proposal includes the redevelopment of the site of the old elementary school, which was demolished a few years ago. The applicant proposes to retain the existing Aquatics Building and create a Community Center addition that steps down with the sloping grade. Decreasing the height by 1' - 0 3/8" significantly impacts the sloping grade and proportions of the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 6 August 2, 2016 fagade, making development of the Community Center challenging. Considering that the portion of the roof that is visible to the public will be in compliance with the building height regulations, staff finds that the current design meets the intent of the code. The property could be put to beneficial use without the variance; however, granting the proposed variance will effectively improve the visual appearance of the building and will not create a visual obstruction. b. Whether the variance is substantial; Staff found the variance request includes a maximum deviation of 1' - 0 3/8" above the 30' height limit, with the greatest height located on the downhill slope along the eastern building frontage, most visible at the main entry (interior to the parking area). The new addition will not appear out of scale with the surrounding form as the peak height of the building will not be visible at the pedestrian street level. The variance requested is less than a 10% deviation from requirements, consistent with surrounding form, and is not found to be substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance: Staff found the adjoining properties will not be substantially impacted by the results of the variance. The tallest point of the building is internally-oriented towards the parking area on the east elevation, with a separation of approximately 200 feet from the western property line, and accommodates the sloping roof that creates a defined main entry. The only elevation where the roof protrusion may be visible to adjoining properties is along Community Drive (west), but will likely not be seen at the street level. The proposed height is compatible with surrounding building form. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Staff found the requested variance would not adversely affect public service delivery. e. Whether the applicant purchased the property with knowledge of the requirement; Staff found the subject property is owned by the School District. The applicant, Estes Valley Recreation and Park District, will purchase the property with the knowledge that a height variance is necessary to construct a quality community center as proposed. f. Whether the applicant's predicament can be mitigated through some method other than a variance; Staff found the applicant's proposal cannot be accommodated through any other method except a variance. The applicant has explored the possibility of RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 7 August 2, 2016 reducing the grade by another foot to accommodate the height, but the 2:12 slope would be a challenge for development and building at this grade would change the proportions of the building significantly. By reducing the height, the architectural interest of the building would be lost. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff found the applicant's request for a variance is due to unique site characteristics and the adaptive reuse component of this particular project. Incorporating the existing aquatics building limits the ability to considerably grade the site, but slopes on the site create a challenge. The applicant has provided mitigation strategies (consideration of location, architectural enhancements and varying roof heights) to alleviate potential impacts and improve the overall appearance of the façade. The conditions of the site are not a commonality, and are not of so general or recurrent of a nature as to make it reasonable for the regulation to be changed to accommodate similar circumstances. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff found the variance request will not result in a reduction in the size of lots contained in the Estes Park Schools Subdivision. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff found the applicant has demonstrated that the lobby/entry can be accommodated by a minimum height of 31'-0 3/8" or 1'-0 3/8" variation from the 30' height limit. In order to minimize the height of the entry/lobby area, the applicant would have to construct further below grade to accommodate the lobby area design. The applicant has incorporated exterior awnings, a sloped roof, multiple windows, building variation, and material changes to enhance the appearance of the building and effectively minimize the additional 1'-0 3/8" in building height along Community Drive. As such, the proposed architectural design represents the least variation from the building height requirements that will afford relief, and ensure the character of the area is maintained. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. The variance requested will not permit a use prohibited or not expressly permitted in the CO—Commercial Outyling zone district. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 8 August 2, 2016 7. In granting such variances, the BOA may require such conditions that will, in its independent judgement, secure substantially the objectives of the standard so varied or modified. Staff recommends no conditions of approval relating to the building height variance; however, the Board may set forth conditions of approval to address any concerns that arise during the public hearing. Staff and Member Discussion Member Newsom questioned the need to come before the Board of Adjustment for such a minor variance. Planner McCool explained staff does not have the authority to grant any deviations from Code requirements resulting in an increase in building height. As such, all height variance requests must be reviewed and approved by the Board. Public Comment Tom Carosello/applicant stated the school district and recreation district are working on the conveyance of the property from one entity to the other. He stated they originally wanted a higher, cathedral-type ceiling, but redesigned the feature to be more in compliance with the EVDC. Member Moreau suggested the applicant increase the amount of the variance request to allow for any minor construction discrepancies. The amount of variance requested seems too exact for the building process in Estes Park. Conditions of Approval 1. A height certificate verifying compliance with the variance shall be submitted to the Community Development Department prior to the issuance of the Certificate of Occupancy. It was moved and seconded (Moreau/Smith) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously with one vacancy. 5. REPORTS 1. Recording Secretary Thompson reported the vacancy on the Board has not yet been filled by the County. 2. Director Hunt reported he was glad to be in Estes Park and looked forward to working with the Board members. There being no other business before the Board, the meeting was adjourned at 9:37 a.m. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment August 2, 2016 John Lynch, Chair Karen Thompson, Recording Secretary 1337 Clara Drive. - Setback Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org EP ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: September 13, 2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts. The variance would allow a 30-foot front setback in lieu of the 50-foot required in the RE Rural Estate zone district. The purpose of the variance is to allow for a detached garage to be built on the property in the 50-foot required side setback. Staff recommends approval. LOCATION: 1337 Clara Drive, within the unincorporated Estes Valley. VICINITY MAP: See attachment APPLICANT/OWNER: Aubrey Carson/Jim and Linda Temple STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION: This item was continued from the August 2, 2016 meeting in order to have the applicant or representative present to provide additional information to the Board, This is a request to grant a variance to allow for a 30-foot side setback in lieu of the required 50- foot setback. The RE zone district standards require a 50-foot all on property sides. The applicant is proposing to build a two car detached garage (also including a carport) approximately 1,200 SF in size on the east side of the existing small residence (legal non-conforming ADU). The proposed new side setback cannot be approved at a staff level, therefore a variance has been requested. REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 5 surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a "variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comments in regards to this application. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property is zoned RE Rural Estate, which has a minimum setback on all sides of 50-feet. The lot is approximately 4.38 acres in size, which substantially meets the 2.5 acre minimum for this district. The property is currently built with one single-family home, one legal non-conforming ADU and one barn. A variance was granted in 2014 to construct an addition and new deck to an accessory dwelling unit built in 1924. This variance stated Figure I: Green construction bin shows approximate location of detached the location of this structure garage. Rock outcroppings shown to the west of proposed location, between was atop a rock foundation garage and existing ADU structure, with several exposed boulders around it. The proposed -23-foot tall detached garage is located near the ADU structure and in placed in an area where there are minimal rock outcroppings. The applicant has stated the reason for this proposed location was to avoid rock blasting and destructive earth work. Locating the building on the west side of the ADU would require excessive rock blasting and could potentially affect a key drainage area on the site. Small rock outcroppings are also located between the proposed location and existing ADU (shown in Figure 1). Staff believes the proposed location is appropriate for this structure. The north portion of the lot was found to be a very challenging site in regards to topography and natural features with the 2014 variance application. The strict application of the Code would require the building to be placed in areas requiring excessive disruption of the site. 1337 Clara Dr. — Setback variance Page 2 of 5 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: The existing ADU can be used without a detached garage. The lot may have up to approximately 3,000 SF of gross floor area of accessory uses. The proposed accessory use is allowed on the property. The proposed location seems to be a practical location for the structure. In order to avoid a main drainage feature on the site and rock blasting, the applicant has proposed to place the building on the east side of the existing ADU. In order to avoid small rock outcroppings, the building was placed 30 feet from the east property line versus the 50 feet required. The structure also proposes to utilize the existing driveway on the site, another practical reason for this location. b. Whether the variance is substantial; Staff Finding: The variance is not substantial in regards to the level of deviation requested. The deviation from Code standards would be a 40% deviation. The Board of Adjustment is the decision making body for requests over 25%. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The single-family character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). The property to the east of the subject property is developed with a single-family home and a small cabin which is located 8 feet from the property line. The small cabin would be located approximately 38 feet from the proposed garage at 1337 Clara Drive. Staff has found that several homes and small structures have been built within the 50 foot required setback in this neighborhood. These structures were most likely built prior to setback regulations and are considered legal non-conforming structures today. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and was readily available to the public. The applicant purchased the property in 2012. RE zone district setback requirements were in effect at the time. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. 1337 Clara Dr. — Setback variance Page 3 of 5 Staff Finding: A variance appears to be the only practical method to construct this building at this location. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. Staff Finding: The conditions of this application are not general. They are specific to this property, size and orientation. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The new structure appears to be a reasonable development proposal and aims to make a practical decision in the placement of the building. This variance would represent the least deviation from Code that will afford relief. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: A setback certificate shall be provided to Staff for review to verify compliance with the approved variance for the detached garage. 1337 Clara Dr. — Setback variance Page 4 of 5 STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance CONDTIONAL TO: 1. A setback certificate shall be provided to Community Development Staff to verify compliance with the approved variance for the detached garage SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan and elevations 1337 Clara Dr. — Setback variance Page 5 of 5 Vicinity Map 1337 Clara Drive Variance Protect Name: 1 in = 125 ft Printed: 7/28/2016 Created By: Audem Gunzales P. Project Description: Variance to 50-foot setback I I ==I 0 60 120 ESTES PARK COLORADO Parcels-Larimer Feet Petitionerfs): Aubrey Carson/Jim and Linda Temple Town of Estes Park Community Development Vicinity Map Variance Request For: 1337 Clara Drive Detached Garage We are requesting a variance from the required 50 foot side yard setback to our proposed 30 foot side yard setback. See attached site plan. - • ,/ We would like to construct a new 2 car detached garage on the East side of the existing small residence. We propose that the new garage be constructed with a 30 foot side yard setback from the east property line as opposed to the required 50 fool side yard setback. After a detailed review of topographic conditions and the very large rock outcroppings that are present on the site. The proposed location is the only location that would not require blasting and/or destructive earth work, as well as disruption of the existing natural drainage path. The proposed location will require the minimum disruption of the existing natural environment. This proposed location will tie in with the existing drive. We are proposing this location for the new garage because it is what we consider a practical distance from the home that it will serve. As well as reasonable distance from the east property line. In Conclusion we ask that you review the attached site plan and grant the requested variance. Submittal Date: ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION • General Information Record Owner(s): t : Street Address of Lot: 1, F: ,,, 7-. r . • :r. Legal Description: iv) • a -77e.pry, te, /3F;7 (jar?, ve- Lot: Block: Tract: Subdivision: / 2.4os 7 -52.4 7-1,5 Parcel ID # : 55 4 1- Cv 002 Site Information Zoning g5 r Town f Well 7 Other (Specify) Ak, WATer- t.1 eV,/ Lot Size 4, .1?, Ate. /'W, 715. r Existing Land Use Proposed Land Use Existing Water Service 1 Town yc Well r Other (Specify) / Proposed Water Service Existing Sanitary Sewer Service i EPSD I- UTSD ir Septic Proposed Sanitary Sewer Service EPSD I- UTSD j' Septic Existing Gas Service I Xcel :.- Other Al None 1" /Je-VJ SewEIZ— Site Access (if not on public street) QIF of - (Java --Dcl tl-c- Are there wetlands on the site? Yes No 010 Variance Variance Desired (Development Code Section #): 1 4 4 a ra 5e+if:22c, rcvAl' re 50 rif01905 d 30 I fOr DcfaLligd2,-krzep, Primary Contact Information Name of Primary Contact Person Complete Mailing Address Prima Contact Person is Aab,revi 2VS90 413 Cormorao+ rorf 6oltilis to 505a5 r Owner y Ap•licant E Consultant/En•ineer Attachments r Application fee (see attached fee schedule) tr Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) rv/ 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** c./1 reduced copy of the site plan (11" X 17") V-Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Park P.O. Box 1200.es 170 Mac Gregor Avenue -6 Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970)586-0249 -6: www.estes.org/CommunityDevelopment APPLICANT CERTIFICATION ► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. 10. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC) IP. I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application The Estes Valley Development Code is available online at: http //www estes.ord/ComDev/DevCode P. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. I+ I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. low I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. PP I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. ► I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. low I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. le- I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3 6 D) Names: Record Owner PLEASE PRINT J Lida Te fro kote, Applicant PLEASE PRINT 0,, A bre 7 (41 rs D-7 Signatures: Record Owner Date -7(0 f . Record Owner(s) Ti ey, (.. i vd a ---Te. vy-1 lAC, 1 Mailing Address "vi I ci H-{ at' ) 0( (r 7JI k I._ a o (.- l'-zo . v- k Col(i 41.5 (D r-)51-5 Phone (6170) I o -I `moo =..-7 (,, Cell Phone (qio) 5C. '2,09 I Fax kJ A, 0 Email 6t,71 (e (404 4?-7 _91'07A. C0411 Applicant C. A419ve 7 1 2tifinq Mailing Address 4,5 (...0,-- pyl 0 ra vd-- a Fort- Lritio5 (0 ,9052-5 Phone (q-70) 4?)( 33 (c;10 / Cell Phone (970) 'il'3/ n,l-or- Fax A,I ,/... Email ( tr-Sr)r) ii.e5ijii 4a cooi(asf, oc. f iConsultantJEn gineer 1 Mailing Address 1 Phone / Cell Phone Fax Email APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: http.//www. e stes. ord/Com DeviS chedules& Fees/PlanninqApplicationFeeSchedule. pdf All requests for refunds must be made in writing. All fees are due at the time of submittal. Zoning Districts § 4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts i . 4t -*Omit ' ,Dl idifil . '1,- . ). ,... , . :7-;:tiOntOraei* . . --. ' 3 ' )1111n1010) 1.4*- )i,,, ' Afibilmiunit . .74 i,”! . , .1:..,':,1 ,,t., Ne'r"7,ii ...; ;'• • to-' -t w. , f.) • , ,,..,-- f '" `.7.k , , • •-• ,.., , , . ". .21: -f. RE-1 1/10 Ac. 10 Ac. 200 50 50 50 30 20 RE 1/2.5 Ac. 2.5 Ac. 200 50 50 50 30 20 E-1 1 1 Ac. [3] 100 25 25 25 30 20 E 2 y2 Ac. [3] 75 25-arterials; 15- other streets 10 15 30 20 R 4 1/4 Ac 60 25-arterials; 15 other streets 10 --15 30 20 R-1 8 5,000 50 15 10 15 30 20 R-2 4 Single-family = 18,000; Duplex = 27,000 60 25-arterials; 15- other streets — 10 10 30 20 RM (Ord. 18-01 §14) Residential Uses: Max = 8 and Min = 3 Senior Institutional Living Uses: Max = 24 40,000, 5,400 sq. ft./unit [6] (Ord. 25-07 §1; Ord. 15- 11 §1) Senior Institutional Living Uses: 1/2 Ac. 60; Lots Greater than 100,000 sq. ft.: 200 25-arterials; 15- other streets 10 (Ord. 15-11 §1) 10 30 20 [5] Notes to Table 4-2 (1) (a) See Chapter 4, §4.3.D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.0,1. (b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots in open space developments. (c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing. (d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1) (2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1) (3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." (4) All development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor area ratio (FAR) of .30 and a maximum lot coverage of 50%. (Ord. 25-07 §1) (5) Minimum building width requirements shall not apply to mobile homes located in a mobile home park. (6) Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18.01 §14) (7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11.02 §1; Ord. 25-07 §1) (8) See Chapter 1, §1.9.E, which allows an Increase in the maximum height of buildings on slopes. (Ord. 18-02 §3) (Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord, 25-07 §1; Ord. 15-11 §1) 4-7 Clara Drive Variance - 1337 Detached Garage.xls ge 1 Owner USA - Dept of Interior Will & Linda Temple Muriel MacGregor Trust Christy & Gary Slier Earle-Graham Trust Kenneth Lewis Owner II Address City ST Zip 1000 Hwy 36 Estes Park CO 80517 3919 Harbor Walk Ln Ft. Collins CO 80525 PO Box 4675 Estes Park CO 80517 2600 Watkins Rd Mountain Brook AL 35223 PO Box 258 Tomales CA 94971 1295 Burns Dr NE Gainesville GA 30501 ESTES VALLEY FIRE PROTECTION DISTRICT tsc7 • SC ,"ring the licsidrld , awl 1 --tscitDo of tik .1".1,,s 1 idIev 74'ith Superior FrP,. and Safi ,ty Sri PLAN REVIEW COMMENTS Date: July 19, 2016 Project Identification: 1337 Clara Drive Temple Residence Location: 1337 Clara Drive Referral: 1337 Clara Drive Temple Residence The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2015 Edition), the International Building Code (2015 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 mrobinsonestesvalleyfire.org 901 N. Saint Vrain Avenue • Estes Park, CO 80517 • P-970-577-0900 • F-970-577-0923 7/28/2016 Town of Estes Park Mail - Re: REFERRAL FOR COMMENT: 1337 Clara Drive - Metes and Bounds PID 35241-00-002 - Temple Residence Variance Audem Gonzales <agonzales@estes.org> ESTES f PARK Re: REFERRAL FOR COMMENT: 1337 Clara Drive - Metes and Bounds PID 35241-00- 002 - Temple Residence Variance 1 message Traci Shambo <shambotl@co.larimer.co.us > Fri, Jul 15, 2016 at 2:25 PM To: Karen Thompson <kthompson@estes.org>, Audem Gonzales <agonzales@estes.org> Karen and Audem - I have reviewed the side yard setback variance and the Larimer County Engineering Department does not have any concerns with the request. On Mon, Jul 11, 2016 at 3:26 PM, Karen Thompson <kthompson@estes.org> wrote: TO REVIEWING AGENCIES The Town of Estes Park Community Development Department has accepted the below referenced development application(s) as complete for review, i.e. minimal submittal requirements have been met and the application is ready for review for compliance with the Estes Valley Development Code. PROJECT NAME, TYPE, & LOCATION Name: Clara Drive - 1337 — Temple Residence Type: Variance Legal: Metes & Bounds, PID 35241-00-002 Project details can be found in the Statement of intent & Application COMMENTS DUE ON OR BEFORE 5 P.M. FRIDAY, JULY 22, 2016 EMAIL COMMENTS TO Property Owner: Jim & Linda Temple temple1404@gmail.com Applicant: C Aubrey Carson carsondesign@comcast.net Consultant/Engineer(s): n/a Planners: Audem Gonzales agonzales@estes.org Email addresses can also be found in the email distribution list above. -.n— _ -_—r — noen0/..911olri o rokncoo — yo oc.R.e Aro-nr nh, no .r,,Si.th=1 Scfnle-1(1077feltlariRci nn I. 1 ccftl3r111C177f4flan 1/9 NEIGHBORS ExiSTiHG NOIRE s ' 11.71, • 110 7801 // 120 \JIT PLA/1 - r drAfg tom: -rd~ca r4 p, 30' A- -10 _ IV -• Fx157ING NEIGHBORS :3 HOOT{ BO INCEAS HOkif EXISTING BARN Pl9C100.001 432.00' (I6:ST 43411 - - - - - - - - - - _ - - - _ _ - . _ CLARA DRIVE (GRAV-Ep. - • ------ NORTH •= 14A),46.01.2. 711.,• r (CAM 31a) II. I. 11 t 1 GEALRLL /MIL/ 1 kliA•St a 1145.11. PalES cxer00,ATIs 'whoa cral=t :Neal,. A.m. TT( 000/5. 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Saint Vrain Ave. — Building Setback Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax 970-586-0249 www.estes.org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: September 13, 2016, 9:00AM: Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 4.3.C.4 Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts. The Variance would allow an 8-foot and 11-foot setback in lieu of the 50-foot required setbacks in the RE (Rural Estate) zone district. The purpose of the Variance is to allow an already constructed building addition to continue to be located within the setback. Staff recommends approval . LOCATION: 2061 N. Saint Vrain Ave., within the unincorporated Estes Valley. VICINITY MAP: See attachment APPLICANT/OWNER: John C. and Mary C. Bruell STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION: This is a request to grant a variance to allow for an 8-foot and 11-foot setback in lieu of the required 50-foot setback. The RE- Rural Estate zone district requires a 50- foot setback on all sides. The building addition between the garage and main home was constructed sometime after the current residents purchased the property in 2011. The building addition consists of a Utility Room and connects the garage to the main house. The addition would have needed a County building permit in order to be built. The applicant failed to apply for a permit. Notwithstanding the work in 2011, the original structures were rendered legally non-conforming during the 2000 Valley-wide rezoning when RE zoning was placed on the property and setbacks increased from 10 to 50 feet. Thus, a Variance or other zoning adjustment would have been needed at some point in time. The detached garage was also converted into living space consisting of a bathroom and two bedrooms. In July of 2016, Planning Staff met with the project representative to discuss post construction building permitting. At this time Staff made the representative aware of the setback issue and need for a Variance. This application is a result of that discussion. REVIEW CRITERIA: In accordance with Section 3.6 C "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 11 surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a 'variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. Below is the only concern/comment received by reviewing agency staff. 1. Larimer County Department of Health and Environment email dated August 8, 2016 (attached) Public Comments. Staff has received no written public comments as of September 7, 2016. Any written comments received after this date will be posted to the "Current Applications" webpage under public comment. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property is approximately 0.84-acres in size and is zoned RE (Rural Estate). The building addition was constructed between 2012-2013 without obtaining a building permit from the County. The addition was placed entirely within the 50-foot required setback. When the home and garage were built in the late 60's the property was zoned A- Accommodations and had a 10-foot setback on the side and rear. The home and garage were compliant with zoning regulations at the time. During the Valley-wide rezoning in 2000 the property was zoned to RE which had a 50-foot setback on all property sides. The existing home and garage then became legally non-conforming. Any building addition had to take place outside of the setback or apply for a Variance in order to be constructed within the setback. Staff finds that any building addition to the home or garage would have needed a Variance in 2012 when the addition was added. The owner failed to obtain a building permit and go through the Variance process. The special circumstance that exists at this site is the fact that the existing structures are entirely within the 50-foot setback and would need a Variance for any type of addition. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: Without the Variance, the addition would need to be removed. The property could continue to be used as a single-family home. According to the plans, the garage does not contain a kitchen. If it did, the kitchen would also have to be removed as the EVDC does not currently allow accessory dwelling units inside of detached structures. 2061 N. Saint Vrain Ave. — building setback variance Page 2 of 5 b. Whether the variance is substantial; Staff Finding: The Variance request is for an 84% reduction from Code requirements. The applicant is asking for a maximum of a 42-foot Variance from the north property line and 39-feet from the west property line. The overall proposed structure setback is substantial but the building addition is actually located approximately 22 feet from the west property line. Staff does not find that allowing the addition to continue to be used at this location is a substantial request. It has been located at this exact site since 2012. There have been no public comments or concerns associated with this addition location as of 2012. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The character of the area would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). Since the addition has been built for four years without any complaints or documented adverse impacts, staff believes the situation has caused no detriment to nearby properties. Several other structures in the neighborhood are legally non-conforming as they also are located within the 50-foot setbacks. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Larimer County Department of Health and Environment has commented on this application and will require a pumper check list to verify that the existing septic system is large enough to accommodate 4 bedrooms. If not, a Septic Remodel permit will be required. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant purchased the property in 2011 and built the addition between 2012-2013. A County building permit was not applied for at this time which would have flagged this location for needing a variance and would have involved additional information for the garage conversion into living space. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Any building addition on this property would need an approved Variance because the existing building is entirely located within the 50-foot setback. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. 2061 N. Saint Vrain Ave. — building setback variance Page 3 of 5 Staff Finding: The conditions of this application are not general to the Estes Valley. It is not common to have structures located entirely within a required setback. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A setback Variance as requested would be the least deviation from Code that would allow the addition to continue to be located at this site. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff is recommending that a condition be placed on this approval that a building permit/as built permit be applied for with the County. This will ensure that the structure is built to Code. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1. A County building permit/as built permit shall be applied for within 3 months of Variance approval. If the building permit/as built permit is not subsequently issued by the County, the Variance shall become null and void. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). 2061 N. Saint Vrain Ave. - building setback variance Page 4 of 5 ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan 5. Interior floor plans 6. Site photos 7. Reviewing agency comments 2061 N. Saint Vrain Ave. — building setback variance Page 5 of 5 1900 , "Y 1-• Site a6 Vicinity Map Town of Estes Park Community Development Vicinity Map Project Name: 2061 N. St. Vrain Variance Printed: 9/7/2016 Created 13y: Audem Gonzales Project Description: Variance to 50-toot setback Petitioner(s): John and Mr "ruell 1 in = 83 ft =11==1 0 40 80 Feet 1=I 2061 N Vrain (E. Hwy 36) sH-Lanrner ESTES PARK COLORA 510 Olive Street Varna, IL 61375 August 5, 2016 Estes Valley Board of Adjustment Town of Estes Park PO Box 1200 170 MacGregor Avenue Estes Park, Co 80517 RE: Standards of Review rrt To Whom It May Concern: /AUG 5 2016 DEVEL if) Wt. 1. We do not have special circumstances. A variance is required because setback regulations changed since original construction. 2. (a) Property cannot be sold without variance. (b) Variance is not substantial. (c) No one will be affected by this variance. (d) Variance will not affect delivery of public services. (e) Applicants were not aware of this requirement when property was purchased. (f) Applicants are unaware of any other method to resolve situation. 3. Applicants seek a specific, non-recurrent variance. 4. Applicants are not asking to change the lot size. 5. The variance would present the least deviation from existing regulations. 6. The use of the property will remain residential. 7. Applicants are willing to comply with the BOA's requirements. Sincerely submitted, '6 .y e. Atetztt John and Mary C. Bruell Acia Zoning 3 Town 3 Town Lot Size Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service No r Yes Variance Desired (Development Code Section #): SO clxci S'CI)De/kCk Ev e . • 3 .r. 11 -14,1n1 c - PE5)1 re-1)\s,4.6,dic,„ No. I ,! 4-2- Submittal Date: General Information r• dr- ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION MARY g COMMUNIIT AUG 0 5 201610 I)EVELOPMENT Record Owner(s): Street Address of Lot: Ir. Y.ea-rri Legal Description: Lot: g Block: Tract: Subdivision: P AK 04 Parcel ID # : ASA — 6.. - 00$ Site Information Variance Priruiry Contact Information Name of Primary Contact Person JO NH c,erzpiE /- Complete Mailing Address srmer 15.o.80X vA arm XA, ti3 Prima Contact Person is .* Owner r Applicant r Consultant/Engineer AllachmentS 3 Application fee (see attached fee schedule) 3 Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) 3 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** 3 1 reduced copy of the site plan (11" X 17") r- Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org ** The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Town of Estes Pork .6 P.O. Box 1200 170 MocGregor Avenue .6 Estes Pork, CO 805r, Community Development Deportment Phone: (970J 577-3721 Fox: 1470) 586-0249 .6 www.estes.org/CommunityDevelopment Revised 2013.08.27 KT Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service Xcet Site Access (if not on public street) Are there wetlands on the site? D( Well r Other (Specify) Well f- Other (Specify) 3 EPSD r UTSD 3 EPSD f UTSD I Other r None rg Septic r Septic A 4 gi'sSAEnr.ra Record Owner(s) J &St+ 1e M 4AY P.44 I «. Mailing Address 410 S #Z vE S'rktEr. P.c. PO( 9-y• Phone 3 o . '4 3- .1.513 Cell Phone S t ,1. 1.s-91 VA A"'4 L 8.59 Fax Email c Applicant Mailing Address Phone Cell Phone Fax Email CAM.: As' IftCfE Consultant/Engineer rAt4.k eizoLo Mailing Address 9 ,s'o,g- sa,Lorno,v ;AS VI EgrES P Al< t 2•t go,ri Phone Cell Phone 9 70 S'geo ' if 15r 7 Fax Email f3R it 1- IMO W tleg 0 "Jr.) E GAO) Pt 5 Are COI APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: httu://www.estes.orn/ComDev/Schedules&Fees/PlanninqApplicationFeeSchedule.odf All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 2013.09.27 KT APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. lk In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC) • I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://www.estes.orq/ComDev/DevCode ► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. 10- I understand that a resubmittal fee will be charged if my application is incomplete. 10. The Community Development Department will notify the applicant in writing of the dale on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. 10. I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. ► I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. 10- I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT: O0.4 c. , 8 R. v.- Ma ft 7 e . era e// • e Applicant PLEASE PRINT: 1OH e-, xt,t 1 lf/ta e (gra /7, Signatures: Record Owner g e_ Date g Applicant )7...z Act-A--ef *Law, Date 8 - Revised 2013.08.27 KT § 4.3 Residential Zoning Districts Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts ' . ' ,.- Zonire Markt -,. , ,,,,- .,, . .1" .... ' - Max. Net .. . Density ' . : (mite/acre) ,. minimum Lot :!' Standards [l][41 .:, - - (Ord. 25.47§1) r . ,,,, Minimum SuildingiStruCture ,-- s, Property Ural Setbacks121 rn ' ' (Ord. 25.07 §1; Ord. 15-11 §1) . ;.g .1:, 'F'i)' ":•,, ',„..._ nmi" Sending Height ' (ft) IS] „'. vgA,-.? ' - -. - Sending , ‘r Width - ' (ft-) . '. Anis ,r, - ' ten ft4 ' Width -,... :— Ot.) 'Z.4 ' Front it) ' . ; Side : , (ft) Nei (11) RE-1 1/10 Ac. 10 Ac. 200 50 50 50 30 20 RE 1/2.5 Ac. 2.5 Ac. 200 50 50 50 30 20 E-1 1 1 Ac. [3] 100 25 25 25 30 20 E 2 1/2 Ac. [3] 75 25-arterials; 15- other streets 10 15 30 20 R 4 1/4 Ac 60 25-arterials; 15- other streets 10 15 30 20 R-1 8 5,000 50 15 10 15 30 20 R-2 4 Single-family = 18,000; Duplex = 27,000 60 25-arterials; 15- other streets 10 10 30 20 RM (Ord. 18.01 §14) Residential Uses: Max = 8 and Min = 3 Senior Institutional Living Uses: Max = 24 40,000, 5,400 sq. ft./unit [6] (Ord. 25-07 §1; Ord. 15- 11 §1) Senior Institutional Living Uses: Y2 Ac. 60; Lots Greater than 100,000 sq. ft.: 200 25-arterials; 15- other streets 10 (Ord. 15-11 §1) 10 30 20 [5] Notes to Table 4-2 (1) (a) See Chapter 4, §4.3.D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.D.1. (b) See Chapter 11, §11.3, which allows a reduction in minimum lot size (area) for clustered lots in open space developments. (c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing. (d) See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1) (2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11.02 §1) (3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities," (4) All development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor area ratio (FAR) of .30 and a maximum lot coverage of 50%. (Ord. 25-07 §1) (5) Minimum building width requirements shall not apply to mobile homes located in a mobile home park. (6) Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18.01 §14) (7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25.07 §1) (8) See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 §3) (Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord. 15-11 §1) 4-7 Supp. 12 Hwy 36E-2061BrueliVariance.xls Page 1 Owner Owner II Address City ST Zip APC Crocker Ranch, LLC Hannah Bowton PO Box 276A Wayne PA 19087 Quin M LLC Po ox 22 Lucerne CO 80646 Bucher Family Trust 2253 S alton Way Denver CO 80231 Cathy & Matthew Schupanitz 9296 W David Ave Littleton CO 80128 William & Teri Beaver 310 Joel Estes Dr Estes Park CO 80517 Harvey Family Trust 350 Joel Estes Dr Estes Park CO 80517 John & Mary Bruell 510 Olive St Varna IL 61375 Richard & Christina Sisson 498 E 132nd Way Thornton CO 80241 Beverly O'Connor Rev Trust 4 Sonya Cir Red Oak IA 51566 Jeremy & Nancy Collinet 287 Joel Estes Dr Estes Park CO 80517 Kevin & Kim Sheumaker 309 Joel Estes Dr Estes Park CO 80517 Donna Shay 1050 Arapahoe Ave #406 Boulder CO 80302 , .v. . rv • 1'• 41, „ F .401r r • 7; Z.; 4'" • • 1 -7" -• • -.• • ; • - 7 -L- 97/2016 lawn of Estes Park Mail - Re. Pre-application meeting - 2061 E Hwy 36; Lot 8, Resub of Portion of Park Hill; PID 25292-05-008 Post-ConsU action Variance Audem Gonzales <agonzales@estes.org> Re: Pre-application meeting - 2061 E Hwy 36; Lot 8, Resub of Portion of Park Hill; PID 25292-05-008; Post-Construction Variance 1 message David Menzies <menziedw@co.larimer.co.us > Mon, Aug 8, 2016 at 9.59 AM To: Audem Gonzales <agonzales@estes.org> Hi Audem, I thought those rooms marked as "non-sleeping rooms" seemed a little fishy! Does this make for a total of 4 bedrooms? 1. The next step for the applicant would be to have his septic tank pumped and provide our department with a pumpers check list. The check list will include the volume of the septic tank, which we need to determine if the system meets the sizing requirements. 2. Additionally, the the corners of the leach field will need to be found (dug up) and I would need to visit the site to measure the area of the leach field. 3. A profile hole would need to dug adjacent to the leach field. This hole would need to be dug to at least the depth of the leach field. This will allow me to determine the type of soil in the field. With knowledge of the septic tank volume, the area of the leach field and the type of soil in the field, I will be able to determine if the existing field is at least 80% of the size that would be required for 4 bedrooms, based on the current On- Site Wastewater Treatment System Regulations.lf the system meets these sizing requirements, that will be great news for the applicants. The system is large enough for the 4 bedroom property and nothing else needs to be done with our department. If the system is found to be undersized, the applicant would be required to: 1. Contact an engineer to conduct a soils test and possibly to design an upgrade to the system. 2. Apply for a Septic Remodel permit through our department. Our concern is that the system is likely undersized for the current use and because of this it could pose a number of problems for neighbors, current residents, or the environment. Could you please send me the contact info for the applicant? Thanks, David On Thu, Aug 4, 2016 at 8:33 AM, Audem Gonzales <agonzales@estes.org> wrote: David, The garage was converted into a rental unit with two bedrooms, living room, bathroom, and a new addition was added with a utility room. This conversion and addition occurred between 2012-2013. What would be the next step for the applicant? How do they go about getting you this additional research information you need? Thanks, Audem On Thu, Aug 4, 2016 at 8:26 AM, Karen Thompson <kthompson@estes org> wrote: Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 https.//mail.google,com/mailfu/Oflui=2&ik=c0a7e0f533&view.pt&q=ciavid%20mensies&qs=tr ue&search= quer y&th= 1566ae2050ecbc34&siml= 1566ae2050ecbc34 1/3 70 A0 so PROPERTY OWNER: OHII C. AAO MARY C. E-RLIEL_ 510 OLIVE VARNA, IL 61375 LEGEND CID SEPTIC 'OW 0 UTILITY POLE VICINITY MAP SCALE: 1" = 200' ss a. SKETCH PLAN FOR VARIANCE LOT 8 OF THE RESUBDIVISION OF A PORTION OF PARK HILL SUBDIVISION A PORTION OF THE NORTH 1/2 OF SECTION 29, TOWNSHIP 5 NORTH, RANCE \Gk., ruUND PrEAS LOT 5 72 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. RISLIEIPPOSTON DE A PORTION OE PIRA FILL 15/eNC - PaAA. csua e C' 1/.01/05(5 151L.1.; SUDO/ 6.2' LA•C It .1. 1.0 EABEs 110' 55/55o515 Is_DAC SETIMCA LOT 7 RESuBDOTINON OF A. PORTION OF FARE HILL ZONNG EST NAIt T- PLAN tok 0 a ID LOT 6 RESLIEICANBON Of A PORTION OT PARK HU. IONIC - /ANN MATT uTur. CASeNt, PIP) rop.o /4 15314// LOT 9 RESUEOmStON OF A PORTION OE PARK NIL 70/50 Mr- MAN EDAM —0I4U— OVERHEAD UTKITT LITE 0 FOUND MONLIMENTATION AUOU07 MONUMENTATON 00.00 MEASURED DIMENSONS (00.00) PLATTED DIMENSIONS SURY_EYDR'S NOTES: I 0145 OFF PEAR /5 REPRESENTATIONAL ONLY AND SHOULD NOT BE RE.LED uPOIT AS A BOUNCILY SORT, NOP A RAND SANTO PLAT. 2 THE Dem or BEARINGS TOR THIS SURVEY 15 THE OK BETWEEN THE BEST CORNER OF THE SUBJECT BRDPERTY (101 6) ABD THE NDIDAYEST CORNER OF THE PROPERTY ID THE NORTH (137I 7) ASSUMED TO BEAN N21r51'14'E. ALl NEWT= SHOWN ON THIS PNIvEY ME RELATN7 TG THS LINE 1005 PROPERTY IS ZONED RE (RURAL ESTATE-2 I/2 ACRE WIN.). TIE paaCTIIEZ BLACPBC SETBACKS FOR IN1 20WPC ARE 5C ALONG IRON!. SIDE AND REAR PROPERTY LINES 4 THE PURPOSE OF TEM vARBACE STE PLAN 6 fp APPRCNE THE ENGTNG BOISE AS: ATTACHED GARAGE (CONARTED TO 11.16a SPACE) WITHIN THE PRESCRIBED 610E0040 SETBACKS 5 VAA. HORN ENGNEERNG DO NOT CALL FOR UTILITY LOCATES AS A PART DC `,..s SKETCH RAN ofir 51519.1 SL1RFACE LETAITTE1 AT THE TARE OF THE SURVEY ARE SHOWN HEREON MINOR MODIFICATION AOTES:- 1. THE VARANCE REOuLSTIP IS IRON THE ESTES VALET DEVELCeMEN1 LOPE TABLE 4-2 AI SECT% 4 i.C. 5. BASE CENSIIT. AND OTALOISIONAL SIANPARDS RESPE3PIAL 201I40 OSTMTS. 164/E6 SHOWS ME MITI MUM WILDING SMACKS PI PC RE ZOOM TO BE FRONT • SO. SIDE = 5C. REAR • 50'. 7 TWO WRIANCE REQUEST IS TOR APPROVAL OF MI I' SETBACK ALONG TIC PEST PROPERTY UNE AND AN SETBACK ALONG TNT NORTH PROPERTY INC TO INCLUDE AN ErsoNo MOUSE AND ATIALHED GARAGE (GARAGE LOWERI/D TO LNANG SPACE) 3 THE PROPOSED CHANGES TO 1141 BALDING SETBACKS MOLDY AS A VALANCE FROM GENERA. DEVELOPMENT AND ZONE DISTINCT STANDARDS ACCORDING TO THE ESTES PALLEY prvELopufori CODE SECTON 3.1 C.I. UNDUE CIRCUMSTANCES APPLICABLE TO TOO SITE INCLUDE TIE PRE-DUSTING HOW AND GARAGE Wm SEIBNCKS (GARAGE KM ATTACHED AND CONVERTED TO WING SPACE WITHOUT A BLIILCANG PERMIT.) THE HOUSE EIAS BUILT IN 1960. LIKELY ENDER OFFEWITT 00/040 RESTRICTIONS. AND NOB RECGARES THE 204[ RE SETBACKS TO BE MODIFIED AS STATED 61 112 WYE. 10414 /et) /45.( 555 N2. MUSS AND UTILITIES. I ACCESS, urAnts AM DRAINAGE ME HOT AFFECTED DT THE ADDITION On WOJES151) 54A5/5•5/ DRAWN RT. SOP Decal, EN 065 SCALE I.-20' SLID Oa/OS/201B SHEET 1 PRI, NO 2011-01-31 - !pH Jr 12,41 I 2.71.-1 F I NI L- HEW DD if ior-1 FL-41-.1 (44 „. I l c'” r ThiT,,,-„;,-:,...-,,:.,..-.. !r II , ,,,,7,„„_„i., i,, ,.,: „,____..i.„,,,, i,_-. AtiG 0 3 2 016 1 '; !CPTTTMUNTTY 6-E—VE-1.-6-1?!.,;:=-NLjT. 1665 Hwy 66 — Loading Area Setback Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www. estes .0 rg ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: September 13, 2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 7.11.0.2.b. Off-Street Parking and Loading: Location. The Variance would allow a 61.6' loading area setback in lieu of the 110-foot required setback from the centerline of the street (Mills Drive). The purpose of the Variance is to allow the loading area of the entertainment event facility to be located within the setback. Staff recommends approval. LOCATION: 1665 Hwy 66, within the Town of Estes Park VICINITY MAP: See attachment APPLICANT/OWNER: Michelle Oliver / Randy Jackson (Elk Meadow RV Essential Group LLC) STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION: This is a request to grant a variance to allow for a 61.6' loading area setback in lieu of the 110-foot required setback from the centerline of the street (Mills Drive). This entertainment event facility went through the Special Review Development Plan process and was conditionally approved on July 26, 2016. One condition of approval is to gain Variance approval to the loading area setback. This application is a result of that condition. The property is currently zoned A-Accommodations. The development area is approximately 5 acres in size and contains two designated wetland areas. Currently, the area is being used for RV storage and campground uses. Property to the south is zoned Al-Accommodations and is development with single-family homes. Property to the east is zoned CO-Commercial Outlying and is developed with a commercial business. REVIEW CRITERIA: In accordance with Section 3.6 C. "Standards for Review" of the EVDC, all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 23 surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a "variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments/concerns have been received by reviewing agencies. Public Comments. Staff has received six written public comments as of September 7, 2016. Any written comments received after this date will be posted to the "Current Applications" webpage under public comment. The written public comments are ail opposed to the Variance request. The reasons stated include; a dramatic effect on the quality of life for all adjoining neighbors, heavy truck traffic and idling, and "out of town developers" desire to make money. Several comments touch on zoning regulations and the magnitude of the Variance request. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The development area is approximately 5 acres in size and is zoned A-Accommodations. The setback requirements for this area are 15-feet from the front property line for the building location and 110-feet from the centerline of the street for the loading area location. Applying the 110-foot loading area setback requirement and 50-foot wetland setback requirement at this specific location would leave approximately 50-feet for the loading area. The applicant has expressed in their Statement of Intent that the logical placement of the loading area is adjacent to the proposed parking lot and situated at the entrance of the kitchen for deliveries. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: Without the Variance, the loading area would need to be relocated on the site. With the approved development plan, it would need to be located on the north end of the building which would require a redesign of the structure. The kitchen was placed near Mills Drive to have loading access close to the road, which is a typical orientation for a building's loading area for accessibility reasons. The EVDC requires a loading area which the applicants state cannot be placed anywhere else along the building. 1665 Hwy 66. — loading area setback variance Page 2 of 5 b. Whether the variance is substantial; Staff Finding: The Variance request is for a 56% reduction from Code requirements. Staff finds this request to be substantial. The applicant has proposed to mitigate potential effects by landscaping the area south of the loading area, between the building and Mills Drive. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The character of the area would be substantially altered with the loading area location. The property is zoned A-Accommodations. Property to the south is built residentially but is zoned Al-Accommodations. Allowing the loading area to be located closer to the centerline of the street than is required will have an effect on the residential neighborhood to the south. The proposed street buffer landscaping as well as loading area landscaping will help to mitigate that effort. The applicant has stated that the current use of the site is RV storage and campground and landscaping and screening are currently not present. The property to the east is also a commercial property that contains a parking lot with heavy usage. There is no screening associated with that development. Staff has received no complaints about that operation in regards to screening. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: This Variance would not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The requirement for the 110-foot setback was in place when the owner purchased the property. Staff made the applicant aware of this requirement during the Development Review process. The purpose for placing the loading area at this location was to access the kitchen, utilize the parking lot, minimize the need for additional site grading or impervious coverage. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: In order to meet Code requirements, the entire building would need to be redesigned. This would be feasible in principle, but it is unclear whether other redesign issues may emerge if that happens. The new placement of the loading area may require a redesign of the parking lot as well. The loading space must access the kitchen for deliveries. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. 1665 Hwy 66. -- loading area setback variance Page 3 of 5 Staff Finding: The conditions of this application are not general to the Estes Valley. This site has several setback issues that are not generally all found on Accommodation lots such as street setbacks, loading area setbacks, wetland setbacks, etc. All these setbacks greatly limit the development potential of the site. The approved building proposal is for up to 750 people. That size of building is difficult to place on the site. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: No reduction in lot size or increase in number of lots is proposed by this variance request. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A setback Variance would be the least deviation from Code that would allow the loading area to be located at this site. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: The variance does not propose a non-permitted or prohibited use. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: The BOA should explore additional screening requirements to further screen the loading area. Neighboring properties are concerned with idling and visual effects. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance CONDTIONAL TO: 1. No specific conditions are recommended at this time. SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). 1665 Hwy 66. — loading area setback variance Page 4 of 5 ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plans 5. Landscaping Plan 6. Building Elevations and Floorplans 1665 Hwy 66. — loading area setback variance Page 5 of 5 -C *X g- "43 vk. .6 • • ; Asp PEAK VIEW Vicinity Map • ti.:* .140. a 12111 ; I Protect Name: Lazy B Variance 1665 HWY 66 Printed: 9/7/2016 Created By: Audem Gonzales Protect Oescriotion. Variance to 110-foot setback EST.'S PARK COLOR 1665 HWY Et Darcels-Lanrn..- RetitiOneds): Randy Jack,- - 'Elk Meadow RV) Town of Estes Park Community Development Vicinity Map -71C' 11.1PN si PM:7 ;;;.• 1 in = 250 ft 1111.111111•11= 0 130 260 Feet • py , e • mg vo. •vI,1•1 • ' LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING Statement of Intent For the Lazy B Ranch and Wranglers Development Variance Request August 8, 2016 This application is a request for a variance to the 110' loading space setback from the center line of Mills Drive (EVDC Section 7.11.0.2). The loading space proposed with the Lazy B Ranch and Wranglers Development Plan and Special Review (Address: 1665 HWY 66) is 61.6' from said centerline, which is a 56% variance. The site of the Lazy B dining/entertainment structure and parking lot contains a pond and wetland habitat that pushes the structure south, along the south property line adjacent to Mills Drive. The loading space is connected to the proposed parking area and situated at the entrance of the kitchen for deliveries. The loading space cannot be located in another logical area along the building perimeter due to proximity to wetlands/surface water, increase in site impact, access restrictions, and loading space requirements. The following factors for determining 'practical difficulty' are listed below: 1. Whether there can be any beneficial use of the property without the variance. The development requires a loading space per the EVDC and cannot be placed anywhere else along the building. 2. Whether the variance is substantial. The variance requested is 56% of the required setback. The variance is substantial and proposed to be mitigated through screening. 3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance. 1043 Fish Creek Road • Esles Park, Colorado R0517 • 970-586-9388 • E-mail: vhe@lirbiis.com The current land use on the subject property where the loading space and structure are proposed is RV storage and campground. The proposed structure and loading space will have landscaping for screening, which is not currently present. The property to the east is also a commercial property that contains a parking lot with heavy usage. 4. Whether the variance would adversely affect the delivery of public services such as water and sewer. The delivery of public services will not be adversely affected by the loading space location. 5. Whether the Applicant purchased the property with knowledge of the requirement. The Applicant became aware of this requirement during the development process. The design of the building (the kitchen and bathrooms in the south end) works well with the location of the loading space. Additionally, the loading space is near the building entry, which minimizes the need for additional site grading or impervious coverage. 6. Whether the Applicant's predicament can be mitigated through some method other than a variance. The loading space must be connected to the parking lot and access the kitchen for deliveries. There is not another logical location for a loading space at this facility. 1043 Fish Creek Road • Estes Park, Colorado 80517' 970-586.9388 • E-mail. she @ airbits.com j ESTES VALLEY BOARD OF ADJUSTVIERT [ i' . _ _ APPLICATIOW ;WIRY!) krit14 3 i rt, Record ()wilco): Lazy B Ranch and Wranglers, tic Street Address of Lot: 1665 HWY 86, Estes Perk. CO 640517 Tract: Submittal Date: Legal Description: Lot: Block: Lot Size 3D,75 ACRES Zoning A Existing Land Use ACCOMMODATIONS Proposed Land Use ACCOMMODATIONS AND EVENT CENTER Existing Water Service rx Town n Well r Other (Specify) Proposed Water Service Pc Town r Well Other (Specify) Existing Sanitary Sewer Service V EPSD Pc UTSD C Septic Proposed Sanitary Sewer Service ! EPSD Pc UTSD 1-. Septic Existing Gas Service r Xcel {-. Other I None Site Access (if not on public street) WILLS DRIVE Are there wetlands on the site? F Yes F No • ‘: Subdivision: NE 1/4 OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M i 35341-00.001 Parcel ID It : - , I 1 ' Variance Desired (Development Code Section It): FROM LOADING SPACE LOCATION REQUIREMENT (EVDC SECTION 7.11.N.2.b The variance requested is 40' (70' per MC) from the proposed southwest property line (after 15' additional to the existing 30' is dedicated WV is Iso Almada! ea EVDC from the centerline of the im Mills Drive. I..1 Name of Primary Contact Person Complete Mailing Address Prima Contact Person is r Owner r • • •Iicant Consultant/En!ineer ( 3 Application fee (see attached fee schedule) I— Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) 3 1 copy (folded) of site plan (drawn at a scale of V = 20') 3 1 reduced copy of the site plan (11" X 17°) I— Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. ox oc regor venue Or Community Development Deportment Phone: (970) 577-3721 Fox (970i 586-0249 www.estes org/CommunityDe,elopment Revised 2043 08 27141 Celine M. LeBeau, Van Horn Engineering & Surveying. Inc. 1043 Fish Creek Road, Estes Park, CO C., 71t.-It If fn. al, Jr. Record Ow nor(s) Randy Jackson and Michael Andrejak F Cd- Mailing Address 2105 East 111h Skeet Soils 180. Loveland CO 80537 Phone Cell Phone 970-214-1348 Far Email rAck@rne c-urn kpp Hayti Mailing Address Phone Cell Phone Fax Email Michsla Oliver 2810 Dunteven Lane, Estee Park. CD 60517 970-507-0317 same virtueleupport.ohver@gmafl. CM) Consultsnt/Enginecr Mailing Address Phone Cell Phone Fax Email Celine M LeSeau, Van Horn Engineenng 8 Surveying, Inc. 1043 Fish Creek Road, Estes Park, CO 80517 970-58-9388 x28 970-237-0937 celinevhe@arbes.com APPLECAT1ON FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: hitp://0,ww.esles.orq/ComDev/Schedules&Fees/Planninc2APPlicationFeeSchedule.pof All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 2013.08,27 K1 f 11 Record Owner PLEASE PRINT Applicant PLEASE PRINT Signatures: Record Owner Applicant Revised 2013 CAB 27 KT Names: APPLICM:I CERTIFICATEON t I hereby certify that 1he information and exhibits herewith submitted are true end correct to the best of my knowledge and that in filing the application 1 am acting with the knowledge and consent of the owners of the property, t In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). t t acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application The Estes Vatley Development Code is available online at: t I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. t> I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date t• I understand that a resubmittal fee will be charged if my application is incomplete. t. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. t • I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. t, I acknowledge that 1 have received the Estes Valley Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than len (10) business days prior to the Estes Valley Board of Adjustment hearing. r, I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply fore building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void.' (Estes Valley Development Code Section 3.5.D) TYPE A OR E /CAMS SPACES SOU) DECORATIVE WALL OR RACE AT LEAST V MOH - SOLID REOGE AT LEAST E 74G71 LOADING BAY MAY NOT INTRUDE WO PARKING AISLE 70 MUM! f NOM STREET PRO PE kl T LINE General Development Stand,- -s b, Ti Oft-Street Parking and Loading Notes: Type A: 10-foot minimum width, 20-foot minimum length and 10-foot minimum vertical clearance Type B: 12-foot minimum width, 35-foot minimum length and 14-loot minimum vertical clearance 2. Location (See Figure 7-13): a. Required off-street loading spaces shall not be located within a building, but shall be on the site of the use served or on an adjoining site. b. A loading area shall not be located in a required setback. In addition, street side loading docks shall be set back at least seventy (70) feet from the street property line or one hundred ten (110) feet from the street center line, whichever is greater. c. No loading bay may intrude into any portion of a required parking aisle or access dimension. Loading areas visible from a street shall be screened on three (3) sides by a solid, decorative building extension, fence, wall or hedge at least six (6) feet in height. I I PARKING L LOADING STANDARDS Figure 7-13 3. Access. a. A required loading space shall be accessible without backing a truck across a street property line unless Staff determines that provision of turn-around space is infeasible and approves alternative access. b. An occupied loading space shall not prevent access to a required off-street parking space. 7-52 Lazy B Ranch&Wranglers SR 2016-01.xls Owner Owner it Address City ST Zip 1700 HWY 66 LLC - NEW SPALL LLC LITTLE CURRENT CONSULTING LLC PO BOX 1379 LONGMONT CO 80502 BOOTH THOMAS MIKOLITCH JANET 1681 HIGH DR ESTES PARK CO 80517 BOWEN LAWRENCE 0/KAREN S 2211 REED RD SPARTA MO 65753 BURROUGHS ANTHONY S/VIOLA MANZANARES 39701 W COUNTY ROAD 47 AULT CO 80610 CAMPBELL RICHARD M CAROLYN W 1440 LITTLE RAVEN ST NO 307 DENVER CO 80202 CRAIN JESSIE M TRUST (1/2) STEWART MICHAEL D (1/2) 122 52ND AVE GREELEY CO 80634 ELK MEADOW RV ESSENTIAL GROUP LLC 17800 W COLFAX AVE GOLDEN CO 80401 FENTON MARY ESTHER GRIFFITH CHARLES LESLIE/DM/JT ADDRESS UNKNOWN FERRELLGAS INC ONE LIBERTY PLAZA LIBERTY MO 64068 FRANKLIN LAURIE B TRUST 5345 MISSION WOODS RD MISSION WOODS KS 66205 GRIFFITH HARVEY E/DALE E 1187 GRIFFITH CT ESTES PARK CO 80517 GRIFFITH MIKE 1670 HIGHWAY 66 ESTES PARK CO 80517 HARVEY DALE L 1641 HIGH DR ESTES PARK CO 80517 HENNINGER FAMILY TRUST 4965 ELDRIDGE ST GOLDEN CO 80403 HOLMAN ROBERT G REBECCA B 310 JASMINE ST DENVER CO 80220 JOSEPH ANN L 5362 MAGGIE LN EVERGREEN CO 80439 LAMB CAROLYN SUE 1920 E MARYLAND AVE UNIT 23 PHOENIX AZ 85016 LANDING LLC 1774 HIGHWAY 66 ESTES PARK CO 80517 MCDOUGALL JOHN L DEBORAH C 1861 HIGH DR ESTES PARK CO 80517 NOYES KRISTI 1707 MILLS DR ESTES PARK CO 80517 ONORATO JAMES W 2840 W 21ST ST 29 GREELEY CO 80634 PAIGE VIRGINIA HOWARD SHULER 1411 WHEELER DR MANSFIELD TX 76063 PARKVIEW ENTERPRISES LLC 1675 HIGHWAY 66 ESTES PARK CO 80517 R A 0 PLAZA CORP 1565 HIGHWAY 66 ESTES PARK CO 80517 REETZ HOSTELRY LLC 1852 HIGHWAY 66 ESTES PARK CO 80517 ROCKY MOUNTAIN LAWN CARE AND LANDSCAPING PO BOX 3558 ESTES PARK CO 80517 RUMLEY HELEN L FERRIS SHARON K PO BOX 791 ESTES PARK CO 80517 SANTAGATI CHARLES S/CHRISTINA E 544 COLUMBINE AVE ESTES PARK CO 80517 SCHWARTZ ALICE D 1631 HIGH DR ESTES PARK CO 80517 SEMEYN DOUGLAS P PO BOX 20538 ESTES PARK CO 80517 SIGLER MONICA PO BOX 2116 ESTES PARK CO 80517 SMITH ROBERT M TRUST 445 D VALLEY RD ESTES PARK CO 80517 SMITH RONALD SHERBENOU DONNA D 8993 E 24TH PL NO 106 DENVER CO 80238 SPICKNALL LQLA MAE 175 W 6TH ST AKRON CO 80720 TERRY LONNIE/JULIE ANNE TERRY 524 WYOMING CIR GOLDEN CO 80403 UNITED STATES OF AMERICA ROCKY MOUNTAIN NATIONAL PARK 1311 S COLLEGE AVE FORT COLLINS CO 80524 VETTER JAY A/MAUREEN H 1711 MILLS DR UNIT A ESTES PARK CO 80517 WAA5 BARBARA L/PETER V BRUNER SAMUEL K/MARILYN S 6901 W 69TH ST OVERLAND PARK KS 66204 WALLACE PAMELA M/TIMOTHY P 595 OURAY DR ESTES PARK CO 80517 WHITE DANIEL M/ANN MARIE WHITE WILLIS H/MAURIA K PO BOX 84815 FAIRBANKS AK 99708 WILLIAMS DANIEL E/MARY M PO BOX 1591 ESTES PARK CO 80517 WILSON RICHARD ROBB/MARY FRANCES 4481 RIBBON CT LOVELAND CO 80537 WOOD MELISSA'" ''/ALLACE R 1007 Ur 'CREST DR CINCINNATI OH 45226 YANEKIAN JULIA Lazy B liarChel4/1/4 .4-A6641:011WaNxIS LEESBURG VA 20176 P.O. Box 568 • Estes Park, CO 80517 Ph: 970-586-4544 • Fax: 970-586-1049 wv..w.utsd.org August 22, 2016 Audem Gonzales, Planner I Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Lazy B Ranch and Wranglers Development Variance Request 1665 Hwy 66 Dear Audem: The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to contact me. Respectfully, 1 4141 Todd Krula Krula Lines Superintendent Environmental Protection Through Wastewater Collection and Treatment EV ESTES VALLEY FIRE PROTECTION DISTRICT ..1 /4h,tinAr arid 1 twito...1. ( f ilu Lot s 7;.1111 SuPe rift! Inc cold .tiufi'11' F • 19D7 PLAN REVIEW COMMENTS Date: August 16, 2016 Project Identification: Lazy B Ranch Chukwagon and Theater Location: 1665 HWY 66 Referral: Variance "Lazy B Ranch Chukwagon and Theater The Estes Valley Fire Protection District has reviewed the submitted material describing the proposed project referenced above, and has no comments or concerns regarding those plans. However, when future developments and / or changes are made to this area, the Fire District shall require new plans for review. All construction and processes shall be in accordance with the provisions of the International Fire Code (2015 Edition), the International Building Code (2015 Edition) and the Town of Estes Park Codes and Standards. Nothing in this review is intended to authorize or approve any aspect of this project that does not strictly comply with all applicable codes and standards. Any change made to the plans will require additional review and comments by the Estes Valley Fire Protection District. If you have any questions please feel free to contact me. Sincerely, Marc W. Robinson Fire Marshal 970-577-3689 mrobinsonestesvallevfire.orq 901 N. Saint Vrain Avenue • Estes Park, CO 80517 • P-970-577-0900 • F-970-577-0923 Karen Thompson <kthompson@estes.org> 5 TES PA1K /lease forward to all Planning Commissioners 1 message Vicki <nipapineau@gmail.com> Thu, Sep 8, 2016 at 8:59 AM To: "planning@estes.org" <planning@estes.org> Please deny the excessive loading dock variance request from the Lazy B business. This development has had multiple variances and special considerations outside of the existing zoning, coding, and management plans. I am appalled at how the Town offices and Trustees have handled this business development and granted egregious exceptions along the way. This development does not belong in a residential neighborhood zoned for accommodations. The development is too large for the building site. Estes Park needs responsible development. Do you due diligence and say "NO" to yet another exception. (The Planning Commission said "NO". Two Trustees said "NO".) Vicki Papineau 1711 Dekker Circle Estes Park, CO 80517 Sent from my iPad Jay Vetter 10:56 AM (1 hour ago) to planning TO: Estes Valley Board of Adjustment RE: Lazy B Rance & Wranglers Variance Request We urge you to deny the request for a variance for the loading space setback. Our home is directly across Mills Drive (to the south) from the proposed variance. If built the loading space would be 110' from our front porch. The plan for widening of Mills Drive would destroy the buffer landscaping that currently exists between our home and Mills Drive. That includes four adult trees and five shrubs. Even though the developers intimated in the beginning that they would work with us to mitigate the impact, no such efforts have taken place. This variance, if approved, would make things worse. We have already gotten a taste (and smell) of the negative impacts with a temporary entrance and trash collection site installed across the street in May. When we questioned the town planning staff about the location of the trash collection site being too close to the road, they indicated that it was allowed because it is a private road. It should be noted that the development plan calls for the trash room to be located between the road and loading spaces in question. We do not understand why this variance is needed when the application for the development lists the parcel as being roughly 30 acres, with several other options for locating this loading space being available. Why not require this development to use the current entrance located at 1665 Spur 66 for access to their loading spaces in a redesigned building? It appears that they have chosen to disrupt our lives and property rather than adjust their current business uses to accommodate a new venture of their own. Below is photograph taken from our front porch today. It shows the trees and shrubs that will be destroyed in this project. The wooden fence across the road is the location of a large roll off dumpster. The gate to its left is the temporary entrance that will be the location of the permanent entrance. Thank You, Maureen and Jay Vetter,1711 Mills Drive IMG_3554.JPG /JL L t), pit SEP If.• • :t 11Pt.frV i. 2016 o H Karen Thompson <kthompson@estes.org> :STES L i PAU( Lazy B Variance 2 messages Tim Roemer <roemertim@yahoo.corn> Tue, Sep 6, 2016 at 2:25 PM To: planning@estes.org The loading zone variance being requested by the Lazy B project should be denied! When will we stop putting large out of town developers' desire to make more money, over the rights of our friends and neighbors. All at the cost of our "mountain" lifestyle. Thank you, Tim Roemer 1675 Hwy 66 Estes Park, Co Sent from my iPhone Karen Thompson <kthompson@estes.org> Tue, Sep 6, 2016 at 3:06 PM To: Tim Roemer <roemertim@yahoo.corri> JR.uss-eneFeatbie - Apr — Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment. Please let me know if you have any questions. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org [Quoted text hidden] hellll iar:"STI:-..3 I -'! PA).t( Karen Thompson <kthompson@estes.org> Lazy B Variances 2 messages Bryan D Gillam <bryan.gillam@gmail.com> Tue, Sep 6, 2016 at 3:01 PM To: planning@estes.org The variances for the Lazy B development should be denied. The degree of variance from the codes is to large, including the almost 45% encroachment for the loading dock. This will dramatically effect the quality of life for all of the adjoining neighbors with the increased amount of heavy truck traffic and idling engines in the area. The development will benefit many business people outside of the Estes Valley and very few, most of which have lived here for fewer than 2 years. Please consider the voice of the residents and not out of towers. I strongly encourage you to see through the smoke cloud from the developers and vote to Deny the variances. Thank you Bryan Gillam 721 S Saint Vrain Ave Estes Park Bryan Gillam bryan.gillamggmail.corn Karen Thompson <kthompson@estes.org> Tue, Sep 6, 2016 at 3:07 PM To: Bryan D Gillam <bryan.gillam@gmail.com> Bryan - Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment. Please let me know if you have any questions. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompsongestes.org [Quoted text hidden] Karen Thompson <kthompson@estes.org> :5TES Lazy B Variance 2 messages Monica Sigler <monicahonika@gmail.com> Mon, Sep 5, 2016 at 11:11 AM To: planning@estes.org Come on , are you out of your minds? How far over backwards will you bend , and how many codes and laws will you break ( or amend) . You know 1 or 2 feet is one thing, maybe 10 , but 57 FEET, this is ridiculous , it should of never been done and NO more exceptions. I'm beginning to wonder if there are some relation involved . NO NO NO Monica Sigler Sent from my iPhone Karen Thompson <kthompson@estes.org> Tue, Sep 6, 2016 at 11:42 AM To: Monica Sigler <monicahonika@gmail.com> Monica - Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment. Please let me know if you have any questions. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org !Quoted text hidden] ji Karen Thompson <kthompson@estes.orgs LS T:3 P A r_azy B variance 2 messages kerbear1111@gmail.com <kerbear1111@gmail.com> Mon, Sep 5, 2016 at 1:41 PM To: planning@estes.org To whom it may concern: When a person buys a home, he or she is putting a tremendous amount of trust into the integrity of local decision makers; trust that zoning will be adhered to and trust that their quality of life will be protected. At this point in time, buying property in Estes is like playing Russian Roulette. The Lazy B development is far too large for the square footage on the land they have allotted for it. This is why they needed a parking lot waiver, a sidewalk waiver, a wetlands waiver, and now a loading dock variance. They have 30 acres. It is not necessary for them to encroach on the neighborhood the way that they are. A 56% variance is just shady and disrespectful. It is difficult to imagine the impact this loading dock will have, because there is nothing to compare it to. The only venue anywhere near this size is the grossly underutilized event center. We have no idea how many delivery trucks will be idling 45 feet too close to the neighbors house. Their lawyer is going to stand up and tell you that the neighbors are hysterical and there will be no impact from these trucks. And he is right. There will be absolutely no impact to him. He is going to drive back down to Loveland. And then the very green town planner is going to tell you that this is no big deal. And then he is going to drive back down to Loveland. When are we going to start listening to the residents and stop selling our quality of life to the highest bidder? Thank you for your time. Kerry Egan 1675 Highway 66 Sent from my iPhone Karen Thompson <kthompson@estes.org> Tue, Sep 6, 2016 at 11:41 AM To: Kerry Egan <kerbear1111@gmail.com>, Planning commdev <planning@estes.org> Kerry - Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment. Please let me know if you have any questions. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org [Quoted text hidden) Karen Thompson <kthompson@estes.org> EST: PA1K Board Of Adjustment Hearing - Objection to Lazy-B Variance Request 2 messages Donna Egan <dmcde@hotmail.com> Wed, Aug 24, 2016 at 12:37 PM To: "planning@estes.org" <planning@estes.org> t ) ill ill ,COMMIttlffy I would like to express my objection to the variance request submitted to the-Boarcvol Adjustment by the Lazy-B Ranch and Wranglers Development. This variance request of 56% to setback requirements for the loading dock area will substantially impact the Mills Drive residents who are already burdened by this project. This is just another attempt by the developer to impose its will on the neighborhood. The additional noise, traffic, and general disturbance is an insult to these people. The Lazy-B claims in the variance request that they had no other logical choice for a loading space. This is an incredible claim since the owner of the property - Elk Meadow has 30+ acres of land to work with to develop the project. This area was chosen because it was inconvenient to the owners to locate it elsewhere. What is the purpose of the Development Code if not to protect property owners from this type of surprise intrusion? Throughout the development of this project both the Lazy-B and Elk Meadow made no effort to compromise or otherwise reduce the many adverse impacts, including this one. The Estes Valley Planning Commission rejected the application after consideration of testimony from area residents, a petition objecting from over 1400 people, written comments from over 300 people, and 2 public hearings. They concluded the project itself did not meet the requirements of the Estes Valley Comprehensive Plan or Development Code. Hopefully your board will take a look at the minutes from these hearings and review the extensive documentation available on this controversial, poorly planned project, prior to making your decision. Thank You for your careful consideration of this matter. Mike Egan - Estes Park Karen Thompson <kthornpson@estes.org> To: Donna Egan <dmcde@hotmail.corn> Cc: Planning commdev <planning@estes.org> Mike - Wed, Aug 24, 2016 at 1:23 PM Thank you for your comment. I will post it to the Town website and include it in the materials for the Board of Adjustment members. Please let me know if you have any questions. 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DI) A PIPE 5744000 LISCLO NC 1/10 SE:TIOR 34-034 -0734 1976, 4974 FS--3 C [OPP 1' PPE IV A 2 1/2' 310113 BRASS CAP, 1926 PROPER , otaft 4/Lt *COOP or ZPSDATIAL CADUP LLC C/o POICAEAIL ANMIEJlir 70,60 WM' eete0.111.014 501-010. 101214110 6040, 1805FAOF84 0080(1 4. SWUM CO Pt AND 03.1.5 26070 PAN MORN ADADIAPprupc Ahu 000P13 080 104.1 1018 curt IMO 551S5 PART, CO 10517 4020-000-120.1 oPPtirANS' PrICRPLII MAW! 1420 .0 RANCE APP 000830100 170-101-015 4.80811081 STVO S.414 4131-5 01561'011 Ors, Ble 171010-5-01+ AWL'S, 610,1 000 19115 !UAL CO 10517 271-576-51411 PROPERTY BOUNDARY MAP SCALE 1 ..200' I5e01 A49.5 Ai( ,01160 2'159.0,1s 044 0-56'000011. 566 92. 25495 Pd CONDRETE 0.5,13603-E 5526' (6219.000031) (139.56') ; g 9? atm- FOLFRO 2' 10PE CONCITElE 0/ 2' BRASS CAP STANACO "10P.S.' a 0034 ' 9 )11 4.1'6072941i1.3' '530L,. Co . 3.11„1. r4r4 2) FOR PARcEE 11-50C PARCEL 1 =MCI MUM pARCEL4353.11 -00-001 204E A 30.75 ACRES LAZY R A. NT C AN D 1-,VRAN -71 .1" L.J.I.:1_J 1.Z) C 19:0 57r. EVE, I,NTT piANJ CO3: L.:J.6:r... 1,0/ 1,E.C5cE r. A Dijr11,30- IL :44 i, 1-') 51 1 /4 54., k734 CF 101AGI.J.f1o,„. .- 20NE A-I ws. A4.0.54 ExE5461505.4 611206 LAMM. ZONS L 0,511143 •, 13' OLIEVER1 - E111,0117, PA: A (1b30 16 90 sT,3 j 4,;s761 Amoco 34 YM-04 MCLE0) 4:2 020615.04 0-1N-r E023..0726 2 7 0007 Li. NANAG100 LcOst PEZPL•007, 14, ,03-3LPE 80110 1.07TEE;LEF:r 37006' 1.60305 1.9s .ff T..30 s•r1S11211. Er (R-60107) f0LEN5 1 /2' 1•4545 AND COP L 5 057E7 033E17E9 AS 047 R -OLP EARLI X491:9.4 0090uR EXEMPTION PPM A-1 Ei 1 0 1,14011.1MaILL.A 70K A-1 73,5E1 31'Pt. MAP I. PA, 1096.6, pvcs Slow ro, Asoloc:J. CAP 29417 3. 09.-_ 0101', 30-00,,,, OF0700,0 PEL-7, 503 F4-77 3, MID ./70: •0,7 PE,APODAT 07. 06 REEALE 0.5 CAP .159 0 214 4351' 1313243T'. 47127 FOUND 14 PLCAR PATAI CAP 1. 5 640 30 001 ROAD 6061-LE-54, 0.5 XSOReza 161 150421( 506 PACE 71 ANL. 05140 r114N6 oLI4LIONT01001: WORT. MOE Of 11105 06.62 IS Ap6Ror061ELy 6' PS: 4r 714 R -0-55 E-64•67 4(488 ACCEPTED A5 4016.043 0046,16 03' 511.4 112 A0.019 5/1MA14 ("P 15' 60EFILANE !LONG 0407101 MD 'PST /LAOS PER B 891 p 132 Losloc.. 000000 4 v6410.6 4606 COML. 100107155 09114 00110.46 PR5 0150) 551506 00511:4,6 • to5140 11(0 411 1411 • fanTroL COLLT/Rous TAKE 1:7=7 441.140 40AL Dr 1REs3/304'Lde5 012012 5315 OF 400.1 MA ROM 09 0%4 cofF(41ni 790 11711') po) 4 PM, (la 6401 tAPAOrr) t I PROPOSED. 0 TWO 04 MBAR yap &APR AAP ps 0415 (4pciSS CIPERFASE 637.0) 10.03 NEMAALD CA PARLALLIED Emformws {WAD) 0011100 OR =ZOO 61.1501661/6 • AEL 01 161 WADING AND P65,43 NO C..R0 AND 0:11L6 105 01.4.1 CRAY .0 /163000E0 5I7E ENTIZT, ALL 0005 MD 510611015 EMI 03040 1305156 550(1) 181 8041,64.012 10.000 LAAL OFF OF 041 66 IRE 0.14894 AND 00000016 (4.561 5,) 111E SAVDAVY SEAFER 1312-000. LpE (171.' tEALLG) THE 62RiED SEP/CE LONE 10 191 PROPOSED 9014.0.60 IKE 4401L1T MAIP E071445*4. TPT 0ESANT. 561A501I06 11115 AND SEIPAZE ENE TO 706E PROPOSED 63_0•43 •1100 SECONELMT ELECTRL SPACE LINE FREP cooto P/516441 164 10 TIM AROPOSCD BLA00943 pA4.0 ADA 13070/00.0011 PRONE SPACES POP CURB 5110 CUICR • ADA COWPER:0 CONCRETE WOW.* PREAP ADA 0000:60 SPACES 713 89709070001, 0000 SEAPOE 124E, 0603617 30167413500 110.10.12100 AND POO 010000 1001 • 110 S0,1 SAPFACE 10010 FROM WE 10 0,9 4 919 543154E rot. 06 565Y 66 • ALA. Cr 1511 LA43%44610 4.-000 1111,9 DRYE • EPADPG OT DRAVDt PAIRONG LOT • 5319015 OF 16..6W100 Mom% SAM, 0/10 GRADING Or oTsErriom 9.00,0 Try ,. PAA5140 CAP 75074 1 THREE-PHASE PROJECT PLAN' 06033 1363- SCALE, • 60 0 60 420 1.90 VICINITY MAP SCA., 1'.0 07" .."...... .) ;. ' ;..... SITE f ''- =, PA° •-•.4 1 1. - 1 r rERT1FICATION AND APPROVAL; 106 unts56063. 9E100 101 OWNERS. DO PER301' AGREE 7801 TALE REAL PROPERTY AS I:MORISCO IN TILT APPLECATIONEOR 0E0ELOP1.146 P LAN 5004% 0ILE1 PEREP101. AND 45 S8O161 E4 Ton 3010 PLAN sNAEL 13E 500.E01 10 7PC 0110001005 OE TITS 17 OF WE 4120(310 COOS OF NE TONS DT ESTES PAW. COLORADO MO 060 0111ER 1:9074414E5 Of TLC 10161 0, 15705 PARA. COLORADO PER7M0N4 T06•011 513 CFRTLFICATION AND APPROVAL: INE uNOIROGNELI BLOC THE OPNERS, 51LPEN, AcRiE 155A7 OIL Ark PREPERTY 05 DES013502 Pi Pit AP0 L10111014 TOP DERCEOPME/di 0,,314 REAP TTEED ACREWTH, AND AS WAN ON 105 SITE FLAN PENA Sr 7213.601 70 TM PROPLOrdS OF TITLE 17 or TRE 101.60E/000 COOL 0, 764 TM OF ESTES PAD*. 00109600 AND ANT 01.100 01513INA1CI,3 15 5041 1064, GE EMS PARK. CO.C44600 PLar4.160/40 irrERETO RAN -RESt0SETFo 913 01. 001PdEF rESSETITTAL -990.19.7 Eft DY 3.0.4060 ELK 'WADE* We 15..66 AL GP,., E19 MICPAEL AMV12E2L011. OP•NER BOARD or TRUSTERS CERTIFICATE. APPPDA0 AAP) ACCEPTED WY PO ETZPAD OP TRUSTEES Cr THE TOWN OF ESTES PARR. 000006.100 OF A MSOLUTION D•T 0, __. 2016 MAYOR 2IA0 7' CRASS CAP 01 971690E11. Cf-116DEP NOTE'S. I. T09. 090194 LULL 6E RD:/4U TO PR0A701 TOR 004.646960 00013516174) AccOoomcc W. Tot AO,5, mo Too. 5. ErltsoR 1,4.14100 AILL. BE LOCOSO 07 TIE MOWS E&7116 001106 Dr A< NEW 16.41.01:0. ATTACHED TO T.E. 00817404 AND era 8! seance A.1 offracom DowtooAD. 006011403E irrIl 5E00504 70 De TNT_ ESTES 1050E1 DEYELOP4151 CODE P 16002040. 3. ALL REM O= 14062.14110675 SALL BE 00:6001.(TE5 P4 GLAPANTEED 41 FLECORIPMCL PAP 1VDC SECUONS 7_12 MO 105K- 4. PER MVP 7.13, '137.091. 419.99. 000005 MAD OP ER 00400007 0111e0(0 TO ThS 5.4112340 OR PooTkor.O. 031100 THE ROOF SHWA BE SCREENED. MARIO OR PA-WED 19. AMAZE MERE 1004117.' 5. APPROVAL 0, NM DE5EIEPAE117 FLAN MATES A )[STEP PROPERTY 169,17 PlIPSLIA111 10 AR11 .1 66 DE TYRE 24, C.R.S. AS eeDocre 6. COPFOIPS 5310/46 WERECP ARE DISCO 0017110 014 A SIPPLE CONIROL MAO SET ON 100 UTE IT AN A55u0r0 filvATON Of 727917' 141900990AT99 Mao 17667AL 7046 134071700147 (7999). E04410015 ARL CAVA, 01 INTERVALS. T. SEI 5PEE15 1-6. 0, 10 FOR 0D12110644 516 010907000.10T Ono. A REA • 16-5 PRO0ERTTOCEs 1030 TAIL 471464 144E 041. NATARC 4:7IGAT5044 0 A SivALA POR1/0403 TPLS PROPERTY COLS EAU. PERU 144E 71104 00.6,1143 NAZAREI 411541070 AREA A.60 PULL ACTIGAIE 'FREES 100011000412,Y, 10 MERE ARE 15et.0 4 31311101444. VEILANOS GR *OM OF THE US LOCATED ON 11410 970_ 1111.E05E REPER 10 PREEPPIART wEILAND 50REE6100 nocir 11. THE 1100137 ST400 MD POO DATED 2000447 13, 7014 PROW 4117 KOCH. OREARADO PE 15263 5"41300L 131 REFERRED 11:01 IRATCM ET0017ERNS 12. 114E PROPOSEODEWOOPMEre WEE Dl 011PPLETE0 16 3 PHASES 15 0.1111010 DI4 TITES 2EVOOP51061 01.45 53 'NE LOT .FS CURRENTLY 200E0 A-Aa.0.04120A1IONS 10 PK 0144.00904 1 REOPPES COMPLIANCE 9450 141 PlERIYARONAL FLRE 01/13 IN1E046111731001 6131065 CODE. 10 TIPS 0E1E0.010187 4(0)15(5 0414920011 10476 TPE (51(5 PAPA 000000P11 COOP 40 60 9076134 STORAGE 81.0146.17 17.911016ES ARC 57.016010). IM A.C50AA 1.04011-01-4 PA BE rue III At Olt OF INSTALIATELN AN3 DESPRED 05031 C0457111.1311004 PLANS le E60415 d< 0519/16097E Sow. 6l 1390014010 To 109 rus MDR 10 5041060(4405 OR 04E6,56110N. 69.44510. OR CEPSTRUETLON 4191 CONSTRuGRON BARRER. FEA360 GC SOME OPLER METPOD APPROVED CT 51040- 19 5100410214 611441 4101 01C10 OUTSIDE +4 2E21107E0 1141 15 or DISIsorama. 20. 60 FEN1140 1,00145. [KEPI As OrOLJorD T0 900721 1.1.0.09043.s 21- U064940 0460.11 BE REDUCED 01101 TO PIA BASIS OF MARINO STATEMENT' 8005'5 00 6IP9PL103 100 1,05 5006157 rs FAIE 501.11., PAPYRI', UM MONAPENTED IN TOE FELD 43.0 CONTI*, 1.10/1)14470 605.56 .4156015 50 3 13069 6 Assoory 10 65AR ne3T1Wor. 33' ARDS READ POO- DT-W41 AS DESCR46110 130044 50E. PALE 71 AHD MIND FOUND 40NLA4E100.7106 'SILTING STATISTICAL INFORMATION. 5UR4E151 /OWN:, 60004510040505 (A) wow 6,150040 SETELICAS: 55' r9201 00199,...), 15' 5.100, 30 REAR PROPERTY IAEA 1,339.470 SF. 30.13 ACRES ._OF 00(1562-. APP110.5640E15 197,716 51615.19 PROPOSED qTAT1STICAL INFORMATION. PROJECT AREA 0.339.470 5). 30.76 ACRES PROPOSED 706104 AN7 11011.00.0 SETIAM41- A0904000ATI310 64.1 11" 1130141/000. 10 RCAF 001130.7(5 104411 Or WAY: 30,542.93 51. 5.58 AC.LS 131001 lawr 004 PAGE TOOPPER 6264 AND ADDITONAL 15 GEEMATED M PART OF TAP SOBNITAL) &OLMSTED PROJECT AREA: 1.307.917.07 sr, 9947 ACRES PROPOSED USE: NOAPR ENICRTAIMIIENT EYENT. INDOOR 1511,150 A./S.6LX SLOPE. 371 PRO60510 OVE,060E157 17910 SF- NINON rvOrr FAOJtt PARKING' 0E0544.0 (PER TROFIC 511.10003 750 rffsne-/0.0 P00PLE/A5451.6.275 5P60S5 192 034140t SPADES 106005E0 ALIANOMAP ACCESSOLL REALAI4L061 10000L0 1 0134.061.0 7613E 4E2196E17-1 14300E5 5 011411104 BJS SPMES (179PFs/EI0S) 10 BUR OAPAMY 1311E PACK KO. 05.6.121615 100510: 2025, 32.5' 00I.001617 PPP 5L191147. SOME PER PAX 101 COYERPLE: 5011 ALLOMO 56 1000210 240.740/1 •300.977 C7 05.22.3S PROPOSED .60.E01E1 901,10.64590, VAN ELM. 14,1.2 53 2007-05-53 GINELKEL 43: ORAN, Ern 01/20/16 SCALE 1'=60' 563E7 10 10 DRAWN DATE CML 02-16-20161 SCALE i! PROJ. NO. I A "=20' 20077 05-23 VAN HORN ENGINEERING 1043 Fish Creek Road — Estes Park, CO 80517 Phone: (970) 586-9388 is LAZY B RANCH AND WRANGLERS, LLC LOADING SPACE VARIANCE EXHIBIT ./ ( • n Lw PROPOSED PARKING LOT Plibp Oc, Loi 4"0 404 "VC Sp .0-4•77.57;-'" • . tc- /4, SCALE i. —20' LONNIE A. SHELDON CO PE. & LS. #26974 p . . „ ) C C C 7 7-1 i3D 0 0 I C 0 SERVING LINE rnirEngi [ DLIDEEM MODEM° J f CrIMECO1 RECEIVING DRY STORAGE 101,16' I 3 SAGE COOLER 0 0 necx/ FIRE CONTROL WOMEN'S ELEC a cc CE EM CART AREA cr TRASH 9#NING HALL KJTCHEN [6c410E MEA. a 1.666v C C COA RED PORCN BAR CART AREA \--tL DI 0 Floor Plan 1/8' IED 64 TIZLES - 1St Lays 13,6C644 13101[6, LTC: 661661 51.467 ITN I Office Mezzanine 1/8" = 1'-0" 5) r•- = • 1.0 0 CO 0 0 ff: > < 0 O • 0 CI CI. -le fo, 5 ILI tp ••••• vox: 970.586.9140 BAS1S.com C.) BASIS Arczhik.ctire PC. issue; Development Plan Date: 1119/2016 O co O '0 0 En 0) L. Sheet Title: PLANS Sheet No: Al AR CH I T E C T U R E P C. vox: 9711586.9140 BAS1S.corn 0 8A IS Archkadire..P C. Issue: Development Plan Date: 111912016 AR CHIT EC T U R E P C. F1E! 5.9.01KLIR CONITACk 1130E1 . - Ex15111.6 GRADE CE0.1.0 51004G Alt" CLAD WX10.4.111,3015 10,..1.41/2 TO mEE21 WELL NMI its — 4.51, 5111,0 LES TIOCET BOOTH, BEYOND South Elevation 1/8" = 1 12 T.O.Dawn EL - 110 -0- COVERED PO•Ftaq CANTILE-vEklED DE01 L L11a OF 0.15-1100 GRADE T1CliFf 6,11.120.4 12 Sheet Title: ELEVATIONS Sheet No: A2 OVER0EAD ECORS ENaOSUAL CCORS RS. CEDAR VERTICAL. TRIM 000,1 To inn:11m 0.5011,11.7 SHINGLES rr —I I H[1! West Elevation 1/8" = 1-0" 2 aSPHAVII SHINGLES -- a▪ ) = CI; CO 0 C r0 > < 0 C O 0 CI. E o .c I-- .01 7, to N OT mECH EgilF YIELL / 12 vox: 970.586.3140 BAS1Scom 0 BASIS Archiopure P C T.D mg, 11' comur, EoRc. 11 _ `.I-en TO CANTILERERSO SIDEWALK DECK EMT COORS SERVICE CORE UNE OF Exisrvic ancho GRADE &OH 0-4D wOCIOP.O25ONS LE R.S CEDAR VERTICAL TRIM CEDAR LAP SIDING Issue: Development Plan Date: 1119/2016 East Elevation A R CH IT EC T U R E P C. Sheet Title: ELEVATIONS Sheet No: A3 Iw 2 15 esteirn Show N 1.0 CO 0 0 23. 0 pOOLFZED GRADE PE: SDI PLAN .. .7.113 LINE Of Eusnoc GRADS ORS POS11 AT COvERED PORCH CRERHERD CCCRS FAILING EXIT [COPS ROIET 1/8" = 1-0" ASPHRLT S?1ING.15 North Elevation 1/8" = 1!-0" CLAD wOCAD miDONS CORP,S.-.ATED PirlAA ROOP,Lis North Elevation 1/8" = 1'-0" 4 vox; 970.586.9140 BAS1S.corn © BASIS Arcttectup., P.O Issue: Development Plan [3 i East Elevation 1/8" = Date: 1/19/2016 COW.401D KT& REX:Pit-S NO, SIR nu:, thf. PLC.-1.1(1..11A MAL ASRHAfr 511,..C‘ES _ — RESTRO:Al DOM 777 ID WA, EL I12. - - - - SERA UNE DOM ME SPRINKLER COAPROL ROOP. FP1159 GARDE BEYOND. RE: SIRE DssITNRGIARDS PLAN CEDAR LAP ALuol GAD WOOD WINDOWS L2 T.0 Well sr L r PHASE ONE ELEVATIONS _I _ LOWERS TO RECA1 WELL N- 1.0 O co 0 O O cc 0 a) 17) LLE Sheet Title: ELEVATIONS Sheet No: A2 2 West Elevation South Elevation 1/8" = 1.-0" 1/8" = 1'-0" ARCHITECTURE P C.