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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2017-03-07 Prepared: January 23, 2017 * Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, March 7, 2017 9:00 a.m. – Board Room Town Hall 1. PUBLIC COMMENT 2. CONSENT AGENDA A. Approval of minutes dated February 7, 2017 3. LOT 2, ELM ROAD 2ND ADDITION, 640 ELM ROAD, ESTES VALLEY FIRE PROTECTION DISTRICT TRAINING AREA Owner: Town of Estes Park Applicant: David Wolf, Estes Valley Fire Protection District Request: Variance from EVDC Section 4.4, Table 4-5 which limits building height to 30 feet. Request to allow a 15-foot height variance to construct a proposed fire training tower. Staff: Audem Gonzales 4. LOT 31A, AMENDED PLAT OF LOTS 32-35, AND PORTIONS OF LOTS 1, 31, & 37, WHITE MEADOW VIEW PLACE, LESS 200032927; 455 STANLEY AVENUE; DOLLAR GENERAL – Continued from February 7, 2017 meeting 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 line 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 5. REPORTS 6. 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 February 7, 2017, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Lynch, Smith, Moreau, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Planner Carrie McCool, Recording Secretary Thompson Absent: Member Newsom Vice-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 January 10, 2017. It was moved and seconded (Smith/Poggenpohl) to approve the minutes as presented and the motion passed 3-0 with Moreau abstaining and Newsom absent. 3. LOT 31A, AMENDED PLAT OF LOTS 32-35, AND PORTIONS OF LOTS 1, 31, & 37; WHITE MEADOW VIEW PLACE, LESS 200032927; 455 STANLEY AVENUE; DOLLAR GENERAL Planner Gonzales reviewed the staff report. The applicant, Vaquero Estes Park Partners, LP requests three variances, as follows: (1) Variance from Estes Valley Development Code (EVDC) Section 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 is to locate the loading area approximately 54 feet from the center of Stanley Avenue. (2) Variance from EVDC Section 4.4.D.2.a which requires building main entrances in the CO–Commercial Outlying zone district be located facing the arterial. Request to have the building front on Stanley Avenue, a non-arterial street. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 February 7, 2017 (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 at the property line, which relates to approximately 62 feet at the street line. Planner Gonzales stated a legal notice was published in the local newspaper and adjacent property owners were notified by mail. Two public comments in opposition to the project were received. No major comments or concerns were received from reviewing agencies. Staff findings can be viewed in the staff report. Staff and Member Discussion Comments from members were in favor of the project, but concerned about the building frontage and access on Stanley Avenue. There was no information from the applicant showing all options to access the property from Highway 7 had been requested and exhausted. The general consensus from the Board was to continue the meeting to allow the applicant more time to come up with alternatives. Public Comment Devan Pharis/applicant stated the submitted design was the seventh iteration due to the slope of the lot and the requirements of an on-site detention pond. There was a CDOT approved access point, but it was at the lowest point on the lot where the detention pond should be located. Rick Houser/town resident requested additional information regarding the loading area and the general layout of the proposed project. There was lengthy discussion regarding the location and size of the building, location of the driveway, and the height of a retaining wall. Additional information requested by the Board included: x Other options for the building location to reduce the setback issues with the loading area x Report on discussions with CDOT regarding the access location x Any other design variations to the location of the building on the site x Submit a grading plan so the Board can see the topography/slope of the area x Report on the possibility of sharing a driveway with the property to the north x Report on possibly locating the detention pond underneath the driveway Director Hunt stated the Dollar General Development Plan was scheduled to go before the Estes Valley Planning Commission on February 21, 2017. If the variance item was to be continued, it would be appropriate to also continue the Development Plan to the March RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 February 7, 2017 21, 2017 Planning Commission meeting. The applicant was agreeable to the revised schedule. It was moved and seconded (Poggenpohl/Smith) to continue the variance requests to the March 7, 2017 meeting and the motion passed 4-0 with one absent. 7. REPORTS A. Director Hunt stated staff is proceeding with processing the applications for vacation homes with occupancies of eight and under. In order to maintain transparency, there is a scheduled Town Board agenda item to provide a formal statement that the new regulations will not interfere with vacation homeowner’s contractual arrangements through 2017. This will allow vacation homes with existing reservations for nine or more to fulfill their contractual obligations to their guests in 2017. B. Director Hunt stated there was some difficulty with county records and vacation home registrations, one of which is the ability to define the number of bedrooms with the assessor records. Staff is considering changing deadlines in order for Town and County staff to complete reconciliations with the county regarding number of bedrooms. There will be a code amendment to allow this process to occur. C. Director Hunt stated Board training is still in the planning stages. It would be beneficial to have both the Board of Adjustment members and the Planning Commissioners in attendance. D. Director Hunt reported Bob Leavitt was recently appointed by the County Commissioners to the Planning Commission. E. It was noted there would not be a quorum for a meeting on April 4, 2017. Staff should keep this in mind during conversations with customers. There being no other business before the Board, the meeting adjourned at 10:08 a.m. ___________________________________ John Lynch, Vice-Chair __________________________________ Karen Thompson, Recording Secretary ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: March 7, 2017, 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: 1. 4.4 Table 4-5 Density and Dimensional Standards – Nonresidential Zoning District, which states: the maximum height in the I-1 Industrial zone district shall be no greater than 30-feet. The purpose of the variance is to allow a new Estes Valley Fire Protection District training facility to be constructed at a height of 45-feet. Staff recommends approval of the requested Variance. LOCATION: 640 Elm Road, within the Town of Estes Park VICINITY MAP: See attachment APPLICANT/OWNER: Estes Valley Fire Protection District / Town of Estes Park STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: This is a request to grant a variance to allow the Estes Valley Fire Protection District to replace an existing 47-foot tall training facility tower with a new 45-foot tall facility. The new building is roughly 60-feet in length by 22-feet in width and includes four levels. The project proposal is located at 640 Elm Road at the Town Shops Complex. The property is zoned I-1 Industrial and is approximately 10-acres in size. The property is located north of the Elm Road/Moraine Ave. intersection and is located within the Town Limits. The Variance would allow the training facility to be 45-feet tall. Currently, the EVDC only allows up to 30-feet for this type of project. . 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. 640 Elm Road – Height 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 640 Elm Road – Height Variance Page 2 of 5 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: There is no physical circumstance or condition associated with this Variance request. However, there is a special condition associated with the type of use being proposed. A fire training facility tower is not typically constructed under 30-feet in height. This proposal calls for a 45-foot facility which includes four levels. The existing tower at this location is 47- feet tall. Staff finds that the type of building provides a vital facility for firefighting personnel and is a key component to providing life safety training. The Statement of Intent states that the height of 45-feet is required to maximize the ISO rating which contributes to lower home insurance rates. 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 tower may remain but whether or not it is adequate or functional is unknown to staff at this time. The applicant has stated the existing tower allows for limited evolutions and drills. They wish to construct a state of the art training building to offer quality training locally. Currently, new firefighters must travel to Boulder three times a week over the course of a four month period to receive their state certified Firefighter I training. Photo showing existing 47-foot training tower 640 Elm Road – Height Variance Page 3 of 5 b. Whether the variance is substantial; Staff Finding: The Variance request represents a 50% Variance with an increase of 15-feet from the 30- foot maximum height allowed. Due to the fact that the existing tower is 47-feet tall and this project aims at reducing that by 2-feet, staff finds the request not to be substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a detriment as a result of the variance; Staff Finding: The property is zoned I-1 Industrial and is completely surrounded by other I-1 industrial properties. The site may be seen at a distance from residential properties, but no residential property abuts this area. The site backs up to a rock face to the north. The elevation gain to the property to the north of the building is approximately 50-feet with the proposed tower sitting below the upper lot’s parking 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: The applicant leases the property from the Town of Estes Park. Town staff is aware of height restrictions in the Estes Valley and relays this information to all applicants or leasees of Town property when development is proposed. 2-foot contours showing elevation gain to the north and flat development site for proposed building 640 Elm Road – Height Variance Page 4 of 5 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 within a reasonable timeframe. Staff finds that this type of training facility requires a height greater than what is allowed per the EVDC. 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: A fire training facility is not a common structure across towns and cities. This request is not recurrent in nature or so general of a circumstance. 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: Staff recommends the BOA place a condition on building color. The applicant has stated they plan on using earth tones. Staff recommends the building be developed with earth tone colors to minimize the visual impact from nearby public streets. 640 Elm Road – Height Variance Page 5 of 5 STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance. SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff: “to allow an increase to the 30-foot maximum building height with reference to the submitted site plan showing an approximate location and height for the proposed fire training facility” and the condition: 1. The building shall be constructed using earth tone colors on the exterior 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/Site Photos ESTES VALLEY FIRE PROTECTION DISTRICT Nerl nig file Pcsitlents rout r 'tAdorye..!,1 tirr, kstcs1 idley rio+ Fur JIM! S(1.01' SO (CS EVFPD Training Building Variance Application Statement of Inten P , ° 2017 January 16th, 2017 The Board of the Estes Valley Fire Protection District intends to improve and modernize our local training facilities to provide a state of the art fire and rescue training facilities here in Estes Park. Increased training of our volunteer firefighters will provide our members with a greater level of safety while simultaneously improving their ability to serve our community. This training facility will also be available to neighboring fire departments who bring aid during major incidents and lack training facilities of their own. Interagency training further improves operational readiness and performance, thereby increasing the safety of our residents and visitors to the Estes Valley. Currently, new firefighters must travel to Boulder three times per week over the course of a four month period to receive their state certified Firefighter I training. Our goal is to provide that training in Estes Park to reduce the time commitment required to become a firefighter, thereby increasing the number of local persons who would be able to volunteer. We have the personnel qualified to offer this training locally, but lack the facilities. The training site is located at 650 Elm Road in the Town shops complex, and is on lease from the Town of EP through 2041. The site previously contained a small 25 ft x 25 ft single story room used for basic drills and an open dirt lot. In 2016 we improved the site with a 11,000 square foot concrete pad and water control system to ensure that all water runoff from training is directed into the storm sewer and not into the former landfill. These plans were approved by the Colorado Department of Public Health and Environment. To complete the training facility, a state of the art training build is proposed. It would replace an existing but antiquated training tower. The existing tower is a 47 foot pole tower with platforms that allows for limited evolutions and drills. The new training building would include areas for live burn, victim search, confined search drills, and other training evolutions. In order to maximize our training potential and improve our ISO rating, the proposed building would need to include a four story tower. The proposed building would be located at the rear (north) of the lot, and would utilize the new drainage capture system installed in 2016. Estes Park has several buildings that include four stories: portions of the Stanley Hotel, the downtown theater, hospital, YMCA, and the proposed PAC. Many new buildings include standpipes and fire stairways as well, which would be simulated by this tower. In addition, a number of discussions are ongoing regarding the possibility of increasing the 30 foot height limit in some areas of town in order to provide to workforce housing, affordable housing, and other community needs. 901 N. Saint Vrain Avenue • Estes Park, CO 80517 • P-970-577-0900 • F-970-577-0923 ESTES VALLEY FIRE PROTECTION DISTRICT ScrviK , firu: Rcsidetas and I isitwxofllr< Lqes litihy with Superior Fin. and .!5ufety Services ),Q Ii David Wolf Fire Chief Respectfully submi ugl Board esident While more than two-thirds of the building will be below the height requirement, a portion of the new building would be a tower, which would be 45 feet high. This would require a variance as it exceeds the current 30 foot height limit. We are requesting that variance for the following reasons: 1) The increase in height above the current 30 foot limit is necessary for the facility to provide the training required. 2) The location in the industrial park is appropriate. 3) The current training tower to be replaced is 47 feet tall, so no increased visual impact will occur. 4) While the site is visible at a distance, there are no close neighbors and the proposed colors are earth tones which further minimize visual impact. The design of the new building would be consistent with surrounding businesses. 5) The site backs up to a rock face with a parking lot above and the tower will be lower than said parking lot. There are no ridgeline impacts. 6) Granting the variance will help to provide our residents and visitors with a higher level of safety. 7) The height is required to maximize our ISO rating which contributes to lower home owners insurance rates. 901 N. Saint Vrain Avenue • Estes Park, CO 80517 • P-970-577-0900 • F-970-577-0923 EPSD EPSD Other 7,2 NJ to- r UTSD r Septic UTSD I Septic None -ray sn Lo 1 ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: General Information Record Owner(s): vG fate.) PAtt- Street Address of Lot: (0 So Legal Description: Lot: Subdivision: Parcel ID # : Site Information ‘.4-i-• VC) E 11- r_v__ co 80 S --Tract; 71- rv% 9/Jzi.4 D2e Ofizia/ . , R 3 o f (404 s‘ '14 off- Fru a Lot Size 1 4R td" Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service r— Town r Town n Well I- r Well 1— Zoning Other (Specify) Other (Specify) nj0 A- Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service r Xcel Site Access (if not on public street) Are there wetlands on the site? Variance r— Yes Z N Variance Desired (Development Code Section #): At, 4.4 -Talc f-5 Primary Contact Information Name of Primary Contact Person --9A...ro (t Complete Mailing Address /01 NJ St- Av( CIW) 8OS11— Prima Contact Person is I— Owner A.• licant f Consultant/Engineer Attachments Application fee (see attached fee schedule) V Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) I— 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** L7-1 reduced copy of the site plan (11" X 17") IV 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 .4. P.O. Box 1200 .6 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970( 586-0249 www.estes.org/CommunityDevelopment Revised 2017.01.09 KT 640 Elm Rd Contact Information Record Owner(s) Mailing Address Phone Cell Phone Fax Email Applicant Mailing Address Phone Cell Phone a,)— o CS r?O‘V. E \ 1 c)) p„,,_ (11-0) - 010-c. (11-0 ) 6/(a o (m) 012-3 CAAstfQ 'C-1 dy,4 r\ ft (AA -0 \ ISa1 AL.J4 0- 3c(-4 (,1° 5.-tzt Fax Email Consultant/Engineer Mailing Address 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: www.estes.orq/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 20} 7.01.09 KT OWNER & APPLICANT CERTIFICATION II" As Owner, I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I am the record owner of the property. ► As Applicant, 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. II" 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: https://www.municode.com/library/CO/estes_valley/codes/development_code 10. 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. 111. 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. 11" I understand that a resubmittal fee may 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. • 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. IP. 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. II" 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: Lone_4 01-," 0 S2,1_ Applicant PLEASE PRINT ) 42,4 ,94- .,-)u \ e L'kX-41 Signatures: Record Owner- Date /-76 ZA•fr( Applicant '.-----7i2_ Date 11 16121- Revised 2017.01.09 KT Set'ring the Residents and Tisitors cf the Estes Fancy with Superior Fire and Safety Services Op itto .e.ivr 4 From: David Wolf, Fire Chief Estes Valley Fire Protection District 901 North Saint Vrain Avenue Estes Park, Colorado 80517 (970) 577-0900 Monday, January 16th, 2017 To Whom It May Concern, We request that the application fee for our variance application be waived as we are a Colorado Special District funded by tax dollars. The standard fee for a BOA Variance Prior to Construction is $725.00 for the Town of Estes Park and $500.00 for Larimer County. Respectfully Submitted, c---1-)) David Wolf, re Chief 901 N. Saint Vrain Avenue • Estes Park, CO 80517 • P-970-577-0900 • F-970-577-0923 ElmRdVariance-EVFPD-100.xls Page 1 Owner Owner II Address City ST Zip Town of Estes Park PO Box 1200 Estes Park CO 80517 Joshua & Maria Baxter 502 Driftwood Ave #A Estes Park CO 80517 Larimer County 200 W Oak St, 2nd Floor Ft. Collins CO 80522 Waste Management of Colorado, Inc.720 E Butterfield Rd Lombard IL 60148 James Banker Trust 451 Big Horn Dr Estes Park CO 80517 H & C Properties, RLLP Po Box 2882 Estes Park CO 80517 James & Debora Watson 550 Grand Estates Dr Estes Park CO 80517 Ice of Estes Park, Inc.860 Moraine Ave Estes Park CO 80517 Old West Petroleum, Inc.1601 Macom Dr Sedalia CO 80135 Approx. 28’ Tall Approx. 26’ Tall Max 45’ Tall 1 The training site as viewed from Prospect Mountain Drive (with telephoto lens) Note the height of the existing tower is approximately 47’, but is lower than the parking lot in the upper right of the photo Waste Management Recycling Center D&S Auto Repair Fire Training Site 2 The training site as viewed from Riverside Drive (with telephoto lens) Note the height of the existing tower is approximately 47’, but is lower than the parking lot in the upper right of the photo Reliance Fire Museum Fire Training Facility Existing pole tower is 47 feet tall 3 The training site as viewed from Kinnikinnic Drive (with telephoto lens) Note the height of the existing tower is approximately 47’, but is lower than the parking lot in the upper right of the photo The lower 15-20’ of the site is blocked from view by the Town of Estes Park facilities in the foreground. D&S Auto Repair LPM Automotive Existing pole tower is 47 feet tall Town of Estes Park facilities 4 This is not the exact model we are interested in ordering, but the overall dimensions are similar. -The main part of the building will be 2 stories with an attic crawl space -The attached tower will be 40’ tall with a short parapet wall on top of a flat roof -Tower will be earth tones (options available) and be consistent with other buildings in area 5 Roof with 4/12 pitch Approx. 26’tall Flat roof with parapet Maximum 45’tall Roof with 6/12 pitch Approx. 28’ tall Existing tower (to be removed) is 47’ tall 6 ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: March 7, 2017, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Sections: 1. 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 variance is to allow the Dollar General to develop on the subject parcel with a driveway opening larger than the 30-foot width provision. Staff recommends approval of the requested Variance. 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 project initially had three variance requests that went before the Board of Adjustment on February 7, 2017. At that time, the BOA determined other site layout options should be explored to potentially minimize the need for multiple variances. This remaining variance request is the result of that determination. The current application only requires one variance: driveway opening width. Other Code deviations on the site can be addressed through the Planning Commission level Minor Modification process. Although still a type of variance, they will be of lesser degrees. 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 Variance would allow: The driveway entrance to be 42.04’ wide at the street line 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. 455 S Saint Vrain Ave. – Driveway width 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 455 S. Saint Vrain Ave. – Driveway width variance Page 2 of 5 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 some public comment in regards to this application. Concerns were raised over the front entrance not facing Saint Vrain, as well as the façade of the building, especially along public streets. 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: Access from Saint Vrain is not a preferred option for this site. The final decision of any state highway entrance is CDOT’s call. The applicant reached out to CDOT on this issue. Below is CDOT’s response: “CDOT has looked at the proposed Dollar General Store site in Estes Park. CDOT would recommend and prefer that access to the store by way of Stanley Avenue rather than SH7.” The EVDC requires that all nonresidential driveway openings be no larger than 30 feet in width at the street line. This Code provision is difficult to meet when factoring in curb return radii (widest point of a driveway at the street line). In this case, the curb return radii ends are located at the street/property line which is the widest point of the driveway entrance (40.04’). Typically, there is between 10-15 feet of ROW from the property line to the edge of the street. This additional space is where curb return radii are found. Delivery and service trucks utilize wider driveway entrances to safety maneuver onto a commercial property. In order to turn into the site, the drive entrance needs to be wider than the 30-foot max. The applicant is proposing a 40.04’ driveway entrance at the street/property line. This measurement includes the curb return radii. The actual driveway minus the curb return radii is 35.59’ 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. 455 S. Saint Vrain Ave. – Driveway width variance Page 3 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 applicant has gone over several iterations of the site plan for this project. This current proposal only requires one variance and also minimizes the variance request for the driveway entrance. Other versions required a larger width due to location of the loading area. The driveway entrance was recommended and preferred to not access off of Saint Vrain Ave. Staff is finding it hard to envision other commercial properties on the site being able to adhere to the 30-foot max width. The configuration of the property line and distance to the built street create a difficult situation. b. Whether the variance is substantial; Staff Finding: Staff does not find this request to be substantial. The applicant was able to locate the driveway directly across an existing driveway (EVDC prefers this). The variance request represents a 33% deviation from Code or a 10.04’ deviation. 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: 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 and O’Reilly’s has a driveway entrance of around 40-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: This issue was 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 this variance request due to the configuration of the lot and commercial needs. 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. 455 S. Saint Vrain Ave. – Driveway width variance Page 4 of 5 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: Granting waivers for driveway entrances larger than 30-feet is not uncommon in the Estes Valley. Variance requests for a larger deviation from Code is not common or so general in nature. Several commercial properties have larger driveway openings at the street line, but the street line is located 10-15 feet away from the actual built street. 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: Staff is not recommending any conditions of approval for this request. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance. SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff: “to allow an increase to the 30-foot max width for a driveway entrance at the street line with reference to the submitted site plan showing an approximate location and width of the driveway entrance.” 455 S. Saint Vrain Ave. – Driveway width variance Page 5 of 5 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 5. Building Elevations DollarGeneralVariance‐100feet.xlsPage 1Owner Owner II Address City STZipNOWAK/POYNTER LLC 2528 STANFORD RD FORT COLLINS CO 80525MCADOW SCOTT W12618 BALDWIN SPRINGS CT TOMBALL TX 77377PHELAN HERBERT J/LUCY S 507 COLUMBINE AVE ESTES PARK CO 80517FERGUS JOHN D/STACIE D 452 STANLEY AVE ESTES PARK CO 80517VAQUERO ESTES PARK PARTNERS LP 3211 W 4TH ST FORT WORTH TX 76107ESTES PARK LUMBER COMPANY 9101 HARLAN ST STE 300 WESTMINSTER CO 80031STANLEY AVENUE CONDOMINIUM POA PO BOX 2261 ESTES PARK CO 80517BLUE SKY III LLC10047 ALLISON CT BROOMFIELD CO 80021HOUSER CHERI M/FREDERICK R PALLISSARD ANITA J/MARK R 250 VIRGINIA DR ESTES PARK CO 80517HAACK CALLA FERRARI GRAHAM COLLEEN SUSAN 1661 OLYMPIAN LN ESTES PARK CO 80517COSTON THEODORE J 2288 BUCKINGHAM CIR LOVELAND CO 80538VERUS COMMERCIAL INC PO BOX 2128 ESTES PARK CO 80517 STANLEY AVE S S AIN T V R AIN A V E WOODSTOCK DR PONDEROSA DR SAINT VRAIN LN MANFORD AVE S SAINT VRAIN AVE0 60 120Feet 1 in = 125 ft ±Tow n o f Estes ParkCommunity DevelopmentVicinity Map Printed: 3/1/2017Created By: Audem Gonzales Project Name: Project Description: Petitioner(s): 455 S. Saint Vrain Ave.Dollar General Drivew ay Width Variance Vaquero Estes Park Partners, LP E HIGHWAY 36W HIGHWAY 34MORAINE AVEBIG THOM PSON AVES SAI NT VRAI N AVELAKE ESTES SiteVicinity Map Stanley Ave. S. S aint Vrain A v e. 100 18.009.0 0 18.009.0 0 9.0 0 18.009.0018.00 61. 9 6 49. 5 0 44.4643.9051.40Control Data Point # 100 Description BM-1 Northing 9602.99 Easting 19561.00 Elevation 7570.44 REVISIONSCHECKED:DRAWN:DWG:DATE:NEW SITE DEVELOPMENTDOLLAR GENERALESTES PARK, COLORADOOCT., 2016 This bar is one inch long on original drawing. if not one inch on this sheet, adjust scales accordingly Seal of Coordinating Professional:PRELIMINARYNOT FOR CONSTRUCTION© C O P Y R I G H TThis document and the information contained may not be reproduced orexcerpted from without the express written permission of W Design Associates.Unauthorized copying or disclosure of construction use are prohibited by thecopyright law.2626 W. 2ND ST. HASTINGS, NE 68901 | 402.463.2377214 E. 1ST ST. McCOOK, NE 69001 | 308.345.2370ENGINEERS | ARCHITECTSWWW.WDESIGNEA.COMDESIGN ASSOCIATESDOLLAR GENERAL STORE DEVELOPMENT PLANS 1.161 ACRES OF LAND IN THE POINT CONSULTING SURVEY, ABSTRACT NO. ______ CITY OF ESTES PARK, LARIMER COUNTY, COLORADO 80517 PAVEMENT MARKING AND FENCING PLAN NEW PROPERTY LINE EXISTING PROPERTY LINE GAS EXISTING UNDERGROUND GAS LINE UGT EXISTING UNDERGROUND TELEPHONE OHE EXISTING OVERHEAD ELECTRICAL UGE EXISTING UNDERGROUND ELECTRICAL EXISTING ELECTRICAL EASEMENT EXISTING GRADE CONTOUR3790.0 LEGEND EXISTING CONCRETE PAVEMENT NEW CONCRETE PAVEMENT: 4" SIDEWALK GAS NEW UNDERGROUND GAS LINE UGT NEW UNDERGROUND TELEPHONE UGE NEW UNDERGROUND ELECTRICAL EXISTING POWER POLE MH SS EXISTING STORM MANHOLE MH S EXISTING SANITARY MANHOLE W EXISTING WATER VALVE NEW WATER VALVE / CURB STOPW EXISTING TELEPHONE RISER BOX NEW CONCRETE PAVEMENT: 6" HEAVY DUTY NEW CONCRETE PAVEMENT: 5" LIGHT DUTY NEW CONCRETE PAVEMENT: 7" HEAVY DUTY NEW GRADE CONTOUR3790.0 NEW SEEDING NEW SOD NEW 6" THICK ROCK EXISTING DRAINAGE EASEMENT EXISTING BUILDING SET-BACK LINE EXISTING FENCE OVEREXCAVATION LIMITS SILT FENCE DEMOLITION DEMOLITION PROPOSED DOLLAR GENERAL BUILDING 70'-0" x 130'-0" PROTOTYPE "F" HVAC ON ROOF F.F.= 7582.50 SCALE: 1" = 20'-0" 0 20 40 603010 C-7821E-16C-01T.A.S.1 (2017-01-17)STATE H IGHWAY NO . 7 (S ST . VRA IN H IGHWAY )EXISTING 10' D RAINA GE EASE ME NT CONTROL NOTES: POINT #100, BM-1:LOCATED ON THE NORTHWEST SIDE OF THE PROPERTY, A MAG NAIL SET IN ASPHALT. (NAVD 88) PS-1 C-11 PS-3 C-11 PS-2 C-11 PS-4 C-11 DOLLAR GENERAL PYLON SIGN EXISTING ONE-STORY STRUCTURE EXISTING CURB INLET EXISTING CURB INLET EXISTING ELECTRICAL BOX EXISTING ELECTRICAL BOX EXISTING STORM WATER INLET ST A N L E Y A V E . EXISTING DRIVE ENTRANCE EXISTING DRIVE ENTRANCE EXISTING DRIVE ENTRANCE 16'x16' LOAD AREA