HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2017-02-07Prepared: January 23, 2017
* Revised:
AGENDA
ESTES VALLEY BOARD OF ADJUSTMENT
Tuesday, February 7, 2017
9:00 am. - Board Room Town Hall
1. PUBLIC COMMENT
2. CONSENT AGENDA
A. Approval of minutes dated January 10, 2017
3. LOT 31A, AMENDED PLAT OF LOTS 32-35, AND PORTIONS OF LOTS 1, 31, & 37,
WHITE MEADOW VIEW PLACE; LESS 2000032927; 455 STANLEY AVENUE;
DOLLAR GENERAL
Owner: Vaquero Estes Park Partners, LP
Applicant: Vaquero Estes Park Partners, LP
Request: (1) 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 one or 110 feet from
the street center line, whichever is greater. Request to locate the loading
area approximately 54 feet from the center of Stanley Avenue.
(2) Variance from EVDC 4.4.D.2.a which requires building main
entrances in the CO zone district be located facing the arterial. Request
to have the building front on Stanley Avenue, a non-arterial street.
(3) Variance from EVDC Appendix D.B.7.a which requires a driveway
width of no more than 30 feet. Request to allow a driveway width of
approximately 49.5 feet.
Staff: Audem Gonzales
4. REPORTS
5. 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
January 10, 2017, 2016 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith,
Jeff Moreau, Rex Poggenpohl
Attending: Members Lynch, Smith, Newsom, and Poggenpohl
Also Attending: Community Development Director Randy Hunt, Planner Audem
Gonzales, Planner Carrie McCool, Recording Secretary Thompson
Absent: Member Moreau
Chair Lynch called the meeting to order at 9:00 a.m. There were three 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
2. CONSENT AGENDA
Approval of minutes dated December 6, 2016.
It was moved and seconded (Smith/Newsom) to approve the minutes as presented
and the motion passed unanimously with one absent.
3. METES & BOUNDS PARCEL LOCATED AT 3501 DEVILS GULCH ROAD
Planner Gonzales reviewed the staff report. The variance request is from EVDC
5.1.B.1.c(3) "Bed and Breakfast Inn and Vacation Home — Residential Character", to allow
existing full kitchen facilities to remain in the guest units. The code currently prohibits full
kitchen facilities in guest rooms or guest units associated with a B&B or Vacation Home.
Planner Gonzales stated the property is zoned RE-1—Rural Estate and is approximately
11.21 acres in size. The property contains one single-family dwelling, two small cabins,
and several outbuildings. The property owner, Ed Grueff, desires to rent the cabins on a
short-term basis. The kitchens in the two small cabins were there prior to the adoption of
the EVDC in 2000. If approved, the variance would allow the kitchens to remain, and the
entire property would be rented as one vacation home to one party. The cabins could not
be rented separately from each other, or from the single-family home.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
January 10, 2017
Planner Gonzales stated the application was routed to affected agencies, a legal notice
was published in the local newspaper, and notices were mailed to adjacent property
owners. No major comments or concerns were received from reviewing agencies nor the
public. Planner Gonzales reviewed the Staff Findings, which can be read in detail in the
staff report. Contact Planning Staff for a copy of the staff report.
Planner Gonzales stated staff recommended approval of the variance.
Staff and Member Discussion
Planner Gonzales stated the applicant has added additions to the property without
building permits, and when addressing those issues it was discovered the cabins were
being used as short-term rentals with full kitchens. He clarified the entire property has to
be rented to one party. There is currently a vacation home application in the review
process, and the applicant wants to ensure he will be operating the property in a legal
manner.
Public Comment
Ed Grueff/applicant stated the property, under his ownership, has not been used as a
dude ranch, and the existing stables are used only for storage. He rents the entire
property to one party, usually for family reunions. Having the approved variance would
bring the property into compliance with the EVDC.
Conditions of Approval
None.
It was moved and seconded (Newsom/Smith) to approve the requested variance
according to findings of fact and conclusions of law, with findings recommended
by staff and the motion passed unanimously with one absent.
Recess called by Chair Lynch at 9:21 to allow staff to work on the sound system. The
meeting reconvened at 9:30.
4. LOT 6, BLOCK 3, AMENDED PLAT OF WINDCLIFF 5TH FILING, 3225 EIGER TRAIL
Planner Gonzales stated the variance request is to amend a previously granted variance
from 2004, for a 21-foot setback in lieu of the required 25-foot setbacks in the E-1—Estate
zone district. The property was developed with a single-family home that went through the
building permit and setback certificate process. When the building permit was approved, a
20-foot setback was allowed, disregarding the 21-foot setback granted with the variance.
The error was discovered when preparing the property for sale, and the owners want to
make sure everything is clean and legal prior to selling. Due to this being a staff error, the
application fee was waived.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
January 10, 2017
Planner Gonzales stated the lot was vastly undersized for the zone district, and the
variance approval was legitimate. He stated the application was routed to affected
agencies, a legal notice was published in the local newspaper, and notices were mailed to
adjacent property owners. No major comments or concerns were received. Planner
Gonzales reviewed the Staff Findings, which can be read in detail in the staff report.
Contact Planning Staff to request a copy of the staff report.
Planner Gonzales stated staff recommended approval of the variance request with no
conditions.
Staff and Member Discussion
Member Newsom stated the survey should now be correct, so this will not happen again
with this property.
Public Comment
Lonnie Sheldon/applicant representative apologized for the error. The error didn't come to
light until the property owner decided to sell the house, and research on the lot uncovered
the error. A valid setback certificate was submitted in 2004, but showed the incorrect
setback distance.
It was moved and seconded (Smith/Poggenpohl) to approve the requested variance
amendment according to findings of fact and conclusions of law, with findings
recommended by staff and the motion passed unanimously with absent.
5. LOT 3 OF THE AMENDED PLAT OF THE EAST 1/2 OF LOT 2, LOTS 3, 4, 5, & WEST 1/2
OF LOT 6, DEER MOUNTAIN HEIGHTS, 2231 UPPER HIGH DRIVE
Planner McCool reviewed the staff report. The variance request is to EVDC Section 4.3,
Table 4-2, which requires 50-foot setbacks in the RE—Rural Estate zone district. The
applicant, Tia Cottey, requests a reduction in setback distance from 50 feet to 22.8 for the
existing single-family dwelling, a setback of 25.6 feet for a proposed covered deck, and
32.5 feet for a proposed garage. Due to the current layout of the existing home and site
characteristics such as steep topography, adhering to the required setbacks is difficult to
achieve. She stated the application was routed to affected agencies, a legal notice was
published in the local newspaper, and notices were mailed to adjacent property owners.
No major comments or concerns were received. Planner McCool reviewed the Staff
Findings, which can be read in detail in the staff report. Contact Planning Staff to request
a copy of the staff report.
Member & Staff Discussion
There was a brief discussion regarding building permits and variances. Member
Poggenpohl noted there was no sign posted when he visited the site.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 4
January 10, 2017
Public Comment
Lonnie Sheldon/applicant representative stated the original setback for this property was
25 feet, and it was changed to 50 feet with the adoption of the EVDC. He stated the
required variance sign was posted at the driveway, but must have blown away. He stated
a setback certificate could be added as a condition of approval if the Board felt it
necessary. He requested the setback distances be increased to the nearest foot to allow
for minimal changes during construction.
Director Hunt stated the sign posting can be an issue during windy weather. He
suggested the applicant and/or agent take a picture of the posted sign (submitting the
photo will not be required) to show as proof if it blows away.
Condition of Approval
1. At the request of the applicant's representative, a setback certificate by a registered
surveyor will be submitted to the Community Development Department.
2. Setback measurements shall be rounded up to the nearest foot to allow for minor
changes during construction.
It was moved and seconded (Smith/Poggenpohl) to approve the requested variance
according to findings of fact and conclusions of law, with findings and conditions
recommended by staff and the motion passed unanimously with absent.
6. ELECTION OF OFFICERS
Member Poggenpohl nominated Member Newsom as Chair.
Member Poggenpohl nominated Member Lynch as Vice-Chair.
It was moved and seconded (Poggenpohl/Smith) to elect Wayne Newsom as Chair
and John Lynch as Vice-Chair for the 2017 term and the motion passed
unanimously with one absent.
7. REPORTS
A. Director Hunt stated if there is a zone district with large setbacks and many properties
that were made nonconforming by virtue of that zoning, it sends a message to staff to
consider amending the code. Issues could be resolved either through rezoning or an
amendment to the development standards for the zoning districts that would recognize
existing setbacks. Chair Lynch stated the Windcliff subdivision had many variance
applications for height, due to the steepness of the area. Eventually the code was
amended to allow for a slope adjustment. Director Hunt stated there could be a code
provision specifically for setbacks, using average setbacks of the neighborhood.
Something similar could provide some relief to property owners. Director Hunt stated
an amendment such as this would be fairly simple to draft, and he appreciated the
support from the Board to consider such an amendment. He would draft code
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
5
January 10, 2017
language for a proposed amendment and bring it to the Board for review. There was
not a definite timeline set for the draft language.
B. Director Hunt stated the new vacation rental registration process is moving forward
and keeping the office staff busy. The process is happening as planned.
There being no other business before the Board, the meeting adjourned at 10:02 a.m.
John Lynch, Chair
Karen Thompson, Recording Secretary
455 S Saint Vrain Ave. — Variances
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: February 7, 2017, 9:00AM; Board Room, Town Hall, 170
MacGregor Avenue
APPLICANT REQUEST: This is a request for three variance to Estes Valley Development
Code (EVDC) Sections:
1. 7.11.N.2.b which states: 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.
2. 4.4.D.2.a which states: The main entrance of all buildings in the CD, CO and 0
zoning districts shall be oriented to the front property line. If a lot fronts an arterial
road or state highway, the main entrance of all buildings shall face the road or
highway.
3. Appendix D III.B.7.a which states: Nonresidential and Multi-family residential
driveway openings shall not exceed thirty (30) feet in width at the street line.
The purpose of the variances is to allow the Dollar General to develop on the subject parcel.
Staff recommends approval of the requested Variances.
LOCATION: 455 S. Saint Vrain Ave., within the Town of Estes Park
VICINITY MAP: See attachment
APPLICANT/OWNER: Devan Pharis / Vaquero Estes Park Partners, LP
STAFF CONTACT: Audem Gonzales, Planner II
PROJECT DESCRIPTION: This is a request to grant three variances to allow the Dollar
General to develop on the subject parcel with address 455 S. Saint Vrain Ave. The requested
variances are listed above.
The property is zoned CO (Outlying Commercial) and is approximately 1.152-acres or 50,563
sq. ft. in size. The property is located at the northwest intersection of Saint Vrain Ave. and
Stanley Ave. within the Town of Estes Park.
The Variances would allow: 1. The loading area to be located 44.46' from the Stanley Ave.
street center line in lieu of the 110-foot required (65.54' variance requested). 2. The main
entrance to front Stanley Avenue in lieu of fronting the Arterial, Saint Vrain Ave. 3. The driveway
entrance to be 61.96' wide in lieu of the 30 foot requirement for nonresidential uses.
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 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 comment 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:
Loading Area — Vaquero Estes Park Partners, LP states in their statement of intent that
the narrow shape of the property and configuration of the neighboring streets create a
problem for maneuvering delivery and fire trucks on the site. They believe that any other
commercial development on the site would encounter the same issues complying with the
development code.
Access from Saint Vrain is not a preferred option for this site, and the final decision of any
state highway entrance is CDOT's call. Appendix D in the EVDC requires 250-foot spacing
between driveways located on Arterials as well as 250-foot spacing between driveways
and street intersections. By this standard, access from Saint Vrain is not allowed. Access
can be granted by the Town from Stanley Ave. It is logical to place the parking area and
loading area as close to the access point as possible and move the building to the opposite
side of the lot from the drive entrance. The loading area is proposed to be near the
driveway entrance (along Stanley Ave. on the side of the building).
A strict application of Code requires locating the loading area 110-feet from the center line
of Saint Vrain and Stanley Ave. which leaves almost no area to place a loading area on
the site. A variance would likely be needed for most commercial development regardless
of any proposed location.
Entrance — The entrance to the building is required to face Saint Vrain because the street
is classified as an Arterial. The lot can only be accessed from Stanley Ave. The logical
placement of the entrance would be to front the parking area and access point to the site.
Driveway — Code requires that all nonresidential driveway widths be no larger than 30 feet
in width at the street line. This Code provision is difficult to meet when the property line is
located at the street line. Typically, there is ROW that allows for the curb return radii
455 S. Saint Vrain Ave. — Variances Page 2 of 6
(widest point of a driveway) before the actual driveway width is measured. In this case,
the curb return radii ends are located at the street property line which is the widest point
of the driveway entrance (61.96').
Where the loading area is located requires delivery trucks to maneuver across the parking
lot in order to back into the loading area site. In order to turn into the site, the drive entrance
needs to be wider than the 30-foot max. The applicant is proposing a 61.96' driveway
entrance at the property line. This measurement includes the curb return radii. The actual
driveway is 49.5' wide.
Since the property is zoned Commercial, Staff believes any change in business in the
future would most likely utilize a wider driveway entrance for delivery and fire trucks.
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:
Loading Area — The development requires a loading area. Due to the narrowness of the
site and being surrounded by two streets, the strict application of the Code requiring a
110-foot setback is difficult to meet. Just about any location for a loading area on the site
would require a variance.
Entrance — Locating the entrance to face Saint Vrain is not practical if the site is required
to be accessed from Stanley Avenue. This part of town is not pedestrian oriented that
would include foot traffic along Saint Vrain. The practical location for any entrance in this
part of town is to front the parking area.
Driveway — Limiting the driveway entrance to 30-feet might make maneuvering delivery
trucks and fire trucks difficult, given that the loading area is located on the south end of
the property.
b. Whether the variance is substantial;
Staff Finding:
Loading Area — The loading area variance is not substantial. The applicant is proposing a
new loading area setback of 44.46' or around a 60% deviation from Code. They are open
to including a fence or additional landscaping at this location to help screen the loading
area if the BOA determines additional screening is needed.
Entrance — This request has been granted to other commercial properties before. Staff
does not find it to be a substantial request.
Driveway — Staff does not find this request to be substantial.
455 S. Saint Vrain Ave. — Variances Page 3 of 6
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:
Loading Area — O'Reilly Autoparts across the street has a loading area located within 110-
feet from the street centerline. Because this loading area is not fronting the street, the
setback is not required. Multiple commercial properties along Saint Vrain Avenue have
loading areas within the 110-foot setback, some even closer than what Dollar General
proposes. The setback is difficult to achieve on any property with multiple street frontages
in a configuration as non-standard as this site. Staff does not find this development to be
out of character with the neighborhood.
Entrance — O'Reilly Autoparts was approved for a Variance for the same provision in Code.
Several properties that cannot access Saint Vrain cannot physically orient their main
building entrance towards the Arterial. Staff does not find this situation out of character
with the neighborhood.
Driveway — Several properties in the area have been grandfathered with driveway
entrances wider than 30-feet (i.e.: B&B access from Woodstock Drive has an entrance
width of around 50-feet.) The Dollar General request is not out of line with other properties
in the area.
d. Whether the variance would adversely affect the delivery of public services such as water
and sewer.
Staff Finding:
The property can be adequately served by public services.
e. Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding:
All these issues were discussed in the pre-application meeting with the applicant prior to
the filing of the development applications. It was conveyed to the applicant that Staff could
support these variance requests due to the configuration of the lot and proximity to multiple
public streets.
f. Whether the Applicant's predicament can be mitigated through some method other than a
variance.
Staff Finding:
A variance is the only process or procedure available to accomplish what the project
entails. Staff believes the loading area would require a variance for just about any location
on the property. Also, the orientation of the building is greatly linked to the access point to
the site.
455 S. Saint Vrain Ave. — Variances Page 4 of 6
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:
It is not common to have a property abutting public streets on three sides. This greatly
inhibits development. Staff believes that any other commercial operation at this location
would involve multiple variances as well.
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:
Not applicable
5. If authorized, a variance shall represent the least deviation from the regulations that will afford
relief.
Staff Finding:
This variance would represent the least deviation from Code that will afford relief for the
proposal.
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 applicant is willing to install a fence or additional landscaping around the loading area
location. Staff recommends placing a condition of approval for installing a 6-foot tall
screening fence between the dumpster enclosure and service door to the building.
STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variances.
SUGGESTED MOTIONS
I move to APPROVE the requested variances according to findings of fact and conclusions of
law, with findings and conditions recommended by staff:
"to allow a reduction to the 110-foot loading area setback, increase to the 30-foot
maximum driveway width at the street line, and building entrance orientation with
reference to the submitted site plan showing an approximate location for the proposed
loading area setback, driveway entrance width and building entrance location."
I move to DENY the requested variance with the following findings (state reason/findings).
455 S. Saint Vrain Ave. — Variances Page 5 of 6
ATTACHMENTS:
1. Vicinity map
2. Statement of Intent
3. Application
4. Site Plan
455 S. Saint Vain Ave. — Variances Page 6 of 6
4
tcF
I ts
A
04
l
e 11111bkltV
I e.
- - .`r•
gaitikr. rr
-
t-f 4.
SAINT VRAIN t. Site Vicinity Map
111111111rmartmairmar 1111111
36
Project Name: 1 in = 125 ft Printed: 2/2/2017
Created By: Audem Gonzales
60 120
Feet ESTES PARK
COLORADO
455 S. Saint Vrain Ave.
Commercial Variances
Project Description: Three variances
Petitioner(s): Vaquero Estes Park Partners, LP
Town of Estes Park
Community Development
Vicinity Map
S it
agff
0 F. 5
C/)
-
til
DOLLAR GENERAL STORE DEVELOPMENT PLANS
1.161 ACRES OF LAND IN THE
POINT CONSULTING SURVEY, ABSTRACT NO.
CITY OF ESTES PARK. LARIMER COUNTY. COLORADO 80517
EXISTING ELECTRICAL
SOX
s
•
\\
'eP'....,,,..s.,.. \\
\\
"..., \
-4,- ,-;..., .,..t. \
\ %.*•• ' \
\ .4.9
\
'7" --1 ...1-. _...,
EXISTING
ONE-STORY
STRUCTURE
PROPOSED
DOLLAR GENERAL
BUILDING
70.9 130,0.
PROTOTYPE 'F.
HVAC ON ROOF
FE. = 7582.50
EXISTING CURB
INLET
EXISTING
DRIVE
ENTRANCE
...... WASTING STORM _,....-"" L.,4s
,
,,
INLET 91..., "•,.., -,..:. -.. EXISTING ELECTRICAL
BOX
EXISTING
DRIVE
ENTRANCE
0
EXISTING
DRNE
ENTRANCE
2
O
T
co
O
55
LU
C-7
r
LEGEND
--- NEW PROPERTY LINE
- — - — EXISTING PROPERTY LINE
- — — — - EXISTING BUILDING SET-BACK LINE
EXISTING ELECTRICAL EASEMENT
EXISTING DRAINAGE EASEMENT
G. EXISTING UNDERGROUND GAS LINE
NEW UNDERGROUND GAS UNE
ucr EXISTING UNDERGROUND TELEPHONE
VGT NEW UNDERGROUND TELEPHONE
0.10 EXISTING OVERHEAD ELECTRICAL
uae EXISTING UNDERGROUND ELECTRICAL
OLE NEW UNDERGROUND ELECTRICAL
EXISTING FENCE
OVEREXCAVATION LIMITS
o SILT FENCE
DEMOLITION
EXISTING GRADE CONTOUR
NEW GRADE CONTOUR
EXISTING CONCRETE PAVEMENT
Fr_ /1 DEMOLITION
NEW CONCRETE PAVEMENT. 5' LIGHT DUTY
NEW CONCRETE PAVEMENT 6' HEAVY DUTY
7 NEW CONCRETE PAVEMENT: r HEAVY DUTY
NEW CONCRETE PAVEMENT V SIDEWALK
NEW SEEDING
NEW SOD
NEW IV THICK ROCK
41 EXISTING POWER POLE
• EXISTING STORM MANHOLE
• EXISTING SANITARY MANHOLE
• EXISTING WATER VALVE
• NEW WATER VALVE I CURB STOP
O EXISTING TELEPHONE RISER 000
.1
5.4 SCov6nr,g
Control Data
Point #
Description Northing E a sting Elevation
100 BM-1 960599 19561.00 7570.44
_1 g O
O
g
0
Lij z
LW W 0 ce a. w
(7)0 IL_u_ 0 co
LU
PAVEMENT MARKING AND FENCING PLAN
60
SCALE 1-.20-0'
CONTROL NOTES:
POINT 9100. EM-1 LOCATED ON THE NORTHWEST SIDE OF THE PROPERTY.
A MAG NAIL SET IN ASPHALT (NAVE/ 88)
DATE: OCT., 2016
Ss
.r
VAQUERO VENTURES
EC
JAW 0 6 201?
COMMUNITY DEVELOPMENT
Audem Gonzales
Community Development Department
Town of Estes Park
Estes Park, CO 80517
Ph: (970) 577-3729
RE: Dollar General Board of Adjustment Application - 455 South Saint Vrain Avenue
C.),...,.._t Mr. Gonzales,
;-.
(1-- Vaquero Estes Park Partners, LP would like to request a variance to the following Development Codes,
--b Chapter 7.11.N, Chapter 4.4.D and Ordinance 8-05 #1.
,...s ...) v
4- --r; '--- The site plan configuration we submitted does not meet the one hundred ten (110) feet setback from the
r_A; street center line requirement for loading areas in Chapter 7.11.N. The setback on our site plan from the b street center line is fifty-three feet eleven and a half inches (53'11 Y2"), we are requesting a variance of
C fifty-six feet and a half inch (56' '/2"). To help with this issue, we will provide heavy landscaping and/or a
Q. (') fence surrounding loading area as visibility barrier from Stanley Avenue.
tv s
--0 — , The main entrance on the site plan does not comply with the requirement that it must face an arterial road
f ) or state highway in Chapter 4.4.D. We are requesting a variance that allows for our site to face Stanley
(_-_+ cr, Avenue instead of South Saint Vrain Avenue (State Highway 7).
9-)
Lastly, the driveway on the site plan exceeds the thirty-foot (30') driveway maximum for nonresidential
cd development requirement in Appendix D, Ordinance 8-05- #1. Our current driveway width on the site
plan is forty-nine and a half feet (49.5') wide, we are requesting a variance of nineteen and a half feet
vl (19.5').
Due to the narrow shape of the subject property and the configuration of the two neighboring streets
complying with these requirements and creating a site that will allow for the maneuvering of delivery and
fire trucks is not possible. We feel strongly that any other commercial use of this property would
encounter the same issue complying with the development codes for this site.
Vaquero Estes Park Partners, LP would appreciate the Board of Adjustment's approval of the variances to
the site at 455 South Saint Vrain Avenue.
Sincerely,
Devan Pharis
Vaquero Estes Park Partners, LP
3211 W. 4th Street
Fort Worth, TX 76107
3211 West 4th Street 8 Fort Worth, Texas 76107 • 817.228.5268 Fax 817.984.8373
www.vaqueroventures.com
C
Submittal Date.
General Information
Record Owner(s)
Street Address of Lot
MIETINEWIr v u
(& t IC ,
ESTES VALLEY Co „,-
BOARD OF ADJUSTMENT
APPLICATION
REVISED
Legal Description. Lot ? 1 G--, Block: Tract
Lvrl'e ' '01icaJ i-"V•1- 4-f lt;-1 i 501,TI• 3 4(.4 i I=A 3S, cti ,ci el,' t)th,,J o,t toit
Subdivision. i 1 ,..,4.-1.4 4. 0-%, 4 I rl-, . . _.) • .0).
Parcel ID # . .. S 3 c 3 - s'...- - CMG •I i.v..Ths 1 i i ,,,,,v -I.-, , ii, A . )
1-0-% " 1- l . i•-•ei
Site Information
Lot Size t • t U1 A $ ‘i-1.- Zoning - hi.-
Existing Land Use 4 I Ct.-) 4 I,,vp i , 10—.
Proposed Land Use I.. -V-CL ( ( Ck t --1,•,)--
Existing Water Service VI own I - Well r Other (Specify)
Proposed Water Service It/town I Well I Other (Specify)
Existing Sanitary Sewer Service ki 'EPSD r UTSD [ Septic
Proposed Sanitary Sewer Service :FIVEPSD r UTSD r Septic
Existing Gas Service •rK/Xcel r Other r None
Site Access (if not on public street)
Are there wetlands on the site? r Yes krN 0
Variance
•
Variance Desired (Development Code Section #):
1 • ei
ARIL 11. t 1. 1,3
PI Wildly Contact !Won mittion
Name of Primary Contact Person 1IV,1
Complete Mailing Address
Prima Contact Person is [ Owner F./Ap•licant
Attachment,
at
r Consultant/Engineer
c/,Application fee (see attached fee schedule)
Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC)
1 copy (folded) of site plan (drawn at a scale of 1" "
R-.71 reduced copy of the site plan (11" X 17")
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.
own o s es Or( .S. o< mac regor Avenue s es o •
Community Deveioprnent Deportment Phone: 19701 577-3721 -rs Fox: 19701 586-0249 .4, www.esles.orgiCommunityDevelopment
Revised 20 ,3.08.27 K1
Contact Information
Record Owner(s)
Mailing Address
Phone
Cell Phone
vct%uxv 65-t cS i77vi, Lp
vu Lftn v Wov-i4) --)(0,(10-4
27v40 si-o 86(
Fax
Email haiii)(0,vathvp,ttitkvi-vtkti
D-evNtr) Chta I,
11 1A) 4141 h-a -t
.1 44o —FC-0 gm)
ei pi-4v ;_102 v vo Vir)-1-ur4S
t)-/St c v)( /q? .)
6b)( C5P1 div x-fecotoc.ri-e (.46,6
308 31451 ir33 G
L-i() 4-9-a.3
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:
httpliwww.estes.orq/ComDev/Schedules&Fees/PlanninoApplicationF eeSchedule.pcif
All requests for refunds must be made in writing. All fees are due at the time of submittal.
Revised 2013.08.27 KT
0)8q 83 --3
Applicant
Mailing Address
Phone
Cell Phone
Fax
Email
Consultant/Engineer
Mailing Address
Phone
Cell Phone
Fax
Email
kipe t 1.7 ,-7-7t -1116 7
4 10e r° Pee. ).-e• r 240^,in cr S, C P
/: u 4- in ne s sc fvcl_ 7 ; 'IL 5 4 cesej Pc- (- 'Le
Record Owner %/1
Applicant
Signatures:
/11 6., re./ r Date (2.. 2 / (I)
Date / 2-) Z CZCA/:
APPLICANT CERTIFICATION
11,- 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.
Ob. 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).
P. 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/ComDeviDevCode
► 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.
O. 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.
110. 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.
► 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.
O. 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.
10. 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.
B. 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 3.6.0)
Names:
Record Owner PLEASE PRINT. CA..,c6‘.1 Q 1' 0 .P S f ray (c_ k ne v L_ -J Tp
Applicant PLEASE PRINT. 04 )0.1(-) va I/1.S
Revised 2013.08.27 KT
General Development Standards § 7.11 Off-Street Parking and Loading
Use Served Number of Spaces Width (feet)
Residential
6 or less 10
7+ 12 it 1-way
20 if 2-way
Nonresidential
19 or less (Ord. 8-05 #1) 12 if 1-way
20 if 2-way
20+ (Ord. 8-05 #1) 15 if 1-way
24 if 2-way
Note: Staff may require driveways in excess of these widths where unusual traffic, grade or
site conditions prevail. Staff may require driveways to be constructed with full curb returns and
handicapped ramps, as opposed to simple curb depression.
L. Off-Street Parking Area Landscaping and Buffering. Off-street parking areas shall be
landscaped and buffered in accordance with the standards of §7.5.G.
M. Bicycle Racks. For premises requiring twenty (20) or more vehicular parking spaces, bicycle
racks facilitating locking shall be provided to accommodate one (1) bicycle per twenty (20)
parking spaces required or fraction thereof. (Ord. 18-01 #21)
N. Off-Street Loading Requirements.
1. Off-Street Loading Schedule. Off-street loading spaces shall be provided in accordance
with the off-street parking schedule (§7.11.D above) and the following schedule:
Gross Floor Area
Minimum Number of
Loading Spaces Required
Type A Type B
Loading Group 1
0 — 5,000 square feet n/a nla
5,001 — 15,000 square feet n/a I
15,001 — 50,000 square feet n/a 2
50,001+ n/a 3
Loading Group 2
0 — 10,000 square feet 1 n/a
10,001 — 20,000 square feet n/a 1
20,001+ 1 1
Loading Group 3
0 — 30,000 square feet n/a 1
30,001 — 100,000 square feet n/a 2
100,000+ n/a 3
Supp, 7 7-51
General Development Standards § 7.11 Ott-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-foot
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.
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.
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.
imommilmatipp, b.
7-52
Zoning Districts § 4.4 Nonresidential Zoning Districts
(2) Any combination of residential and commercial/retail uses that are permitted by
right or by special review in the zoning district may be developed or established
together on a single lot or site or within a single structure, provided that all
applicable requirements set forth in this Section and Code, and all other
applicable ordinances, are met. For example, a two-story structure on a single
lot in the CD Downtown Commercial zoning district may have a restaurant or
retail store on the ground floor, and residential apartments or condominiums on
the second floor.
D. Additional Zoning District Standards.
1. Operational Requirements.
a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(1) Except as may be allowed in paragraph (3) below, all retail sales, displays and
activities and all other uses, storage and activity shall be wholly contained within
the interior of a building or permanent structure.
(2) Retail merchandise shall not be displayed in any way on doors that provide
customer access to a building or on windows that open out onto or over public
ways, including sidewalks, pedestrian paths/trails or permitted outdoor
eating/serving area.
(3) Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses,
storage or activity shall be permitted within the CD zoning district:
(a) Municipal uses, provided that such municipal uses are approved by the
Board of Trustees.
(b) Permitted outdoor seating and dining areas (See §5.1.M).
(c) Parking lots as a principal use or parking lots and loading areas as
permitted accessory uses, subject to screening, landscaping and other
applicable requirements set forth in this Code.
(d) Accessory refuse collection areas subject to screening and other applicable
requirements set forth in this Code.
(e) Automated Teller Machine (ATM) and/or interactive kiosks intended to
serve walk-up customers only. ATMs or kiosks shall not obstruct the
movement of pedestrians through plazas, along adjoining sidewalks or
through other areas intended for public usage. (Ord. 2-06 §1, 6/27/06; Ord.
4-06 §1, 7/25/06)
b. Performance Standards. All new development in the nonresidential zoning districts
shall comply with the performance standards set forth in §7.10 of this Code.
2. CD, CO and 0 Zoning Districts: Building Siting, Orientation and Materials Requirements.
a. The main entrance of all buildings in the CD, CO and 0 zoning districts shall be
oriented to the front property line. If a lot fronts an arterial road or state highway, the
main entrance of all buildings shall face the road or highway.
b. To the maximum extent feasible, each principal structure on a site shall avoid long flat
or blank walls that face a public street. All sides of a building that face a public street
shall be finished with the same materials as the primary facade.
Supp. 7 4-23
Appx D, Street Design and Construction Standards Ill Genera! Site Access
7. Driveway Opening Requirements. (Ord. 8-05 #1)
Nonresidential and Multi-family residential driveway openings shall not exceed
thirty (30) feet in width at the street line. Refer to Section 7.11.K.2 for minimum
driveway openings. (Ord. 8-05 #1)
b. Single-family residential and duplex driveway openings shall not exceed a
cumulative width of thirty (30) feet at the street. (Ord. 8-05 #1)
8. Driveway Spacing. Unless otherwise limited or allowed by the applicable zoning
district regulations (See Section 4.4.0.3), the following driveway spacing requirements
shall apply: (Ord. 8-05 #1)
a. Arterial Streets. (Ord. 8-05 #1)
(1) To the maximum extent feasible, all driveways shall be spaced at least two
hundred fifty (250) feet from the pavement edge of any other driveway on
either side of the street. (Ord. 8-05 #1)
(2) To the maximum extent feasible, all driveways shall be spaced at least two
hundred fifty (250) feet from the pavement edge of an arterial street
intersection. (Ord. 8-05 #1)
b. Collector Streets. (Ord. 8-05 #1)
(1) To the maximum extent feasible, all driveways shall be spaced at least one
hundred fifty (150) feet from the pavement edge of any other driveway. (Ord.
8-05 #1)
(2) To the maximum extent feasible, all driveways shall be spaced at least twenty
(20) feet from the pavement edge of a nonarterial street intersection. (Ord. 8-
05 #1)
c. Corner Lots. A driveway or curb cut on a corner lot shall be set back a minimum of
fifteen (15) feet from the property line at the corner or shall be a minimum of thirty
(30) feet from the cross-street curb line, whichever is greater. (Ord. 8-05 #1)
d. Property Lines. Driveways and sidewalks shall be set back at least three (3) feet
from an adjacent property line unless owners of abutting properties agree in writing
that the edge may be closer to or abut their common property line. (Ord. 8-05 #1)
e. To the maximum extent feasible, new driveways shall align directly across from
existing driveways. (Ord. 8-05 #1)
9. Driveway Design Requirements. (Ord. 8-05 #1)
a. All driveways serving eight (8) or more parking spaces shall be paved and
constructed with a minimum edge radius of five (5) feet on both sides, and shall be
surfaced with at least two (2) inches of bituminous paving material or four (4)
inches of concrete. (Ord. 8-05 #1)
b. All driveways serving twenty (20) or more parking spaces shall be paved and
designed and constructed meeting the standards applicable to a public street.
(Ord. 8-05 #1)
c. Where garages are used to satisfy parking requirements, the driveway apron shall
be at least twenty (20) feet in length unless it is demonstrated the design will not
interfere with adjoining traffic movements. (Ord. 25-07 §1)
Supp 8 D•6
DollarGeneralVariance-100feet.xls Page 1
Owner Owner II Address City ST Zip
NOWAK/POYNTER LLC 2528 STANFORD RD FORT COLLINS CO 80525
MCADOW SCOTT W 12618 BALDWIN SPRINGS CT TOMBALL TX 77377
PHELAN HERBERT J/LUCY 5 507 COLUMBINE AVE ESTES PARK CO 80517
FERGUS JOHN D/STACIE D 452 STANLEY AVE ESTES PARK CO 80517
VAQUERO ESTES PARK PARTNERS LP 3211 W 4TH ST FORT WORTH TX 76107
ESTES PARK LUMBER COMPANY 9101 HARLAN ST STE 300 WESTMINSTER CO 80031
STANLEY AVENUE CONDOMINIUM POA PO BOX 2261 ESTES PARK CO 80517
BLUE SKY III LLC 10047 ALLISON CT BROOMFIELD CO 80021
HOUSER CHERI M/FREDERICK R PALLISSARD ANITA J/MARK R 250 VIRGINIA DR ESTES PARK CO 80517
HAACK CALLA FERRARI GRAHAM COLLEEN SUSAN 1661 OLYMPIAN LN ESTES PARK CO 80517
COSTON THEODORE J 2288 BUCKINGHAM CIR LOVELAND CO 80538
VERUS COMMERCIAL INC PO BOX 2128 ESTES PARK CO 80517