HomeMy WebLinkAboutMINUTES Board of Adjustment 2020-10-06
Town of Estes Park, Larimer County, Colorado, October 6, 2020
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of
Estes Park on the 06 day of October 2020.
Committee: Chair Jeff Moreau, Vice-Chair, Wayne Newsom, Board
Member Joe Holtzman
Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman,
Community Development Director Randy Hunt, Senior
Planner Jeff Woeber, Recording Secretary Karin Swanlund,
Absent: none
Chair Moreau called the meeting to order at 9:00 a.m.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Moreau) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The
motion passed 3-0.
VARIANCE REQUEST, 915 Moraine Avenue, Bird and Jim Restaurant
Senior Planner Woeber reviewed the staff report. The applicant requested approval of
a variance to setbacks along two property lines. A zero foot (0’) setback in lieu of the
minimum required twenty-five feet (25’) along Moraine Avenue/Highway 66 and a nine-
foot (9’) setback in lieu of the minimum required fifteen feet (15’) (from High Drive). This
variance involves acknowledging preexisting nonconforming setbacks for a structure
that predate the Estes Park Development Code, with a new proposed awning addition
being proposed within the setback. The subject property is within a CO (Commercial
Outlying) Zoning District. Staff recommended approval of this variance.
Discussion:
Chair Moreau confirmed that due to grandfathering, the clean-up of setbacks was not
needed. He also asked if the Board had the authority to grant a variance into the CDOT
right-of-way. Director Hunt clarified that the cleanest solution is to approve the zero
setbacks at the property line and then have CDOT provide permission for the overhang
on the other side of the property line.
Board of Adjustment, October 6 , 2020 – Page 2
Mike Daley, project architect, stated that the owner is very appreciative of the temporary
use permit for outside seating and has realized they would like this to be a permanent
solution. They hope for a seasonal, five-month tent structure to achieve this, with no
enclosure plans. The framework, however, will be a permanent, year-round structure.
Chair Moreau recommended that the Board put wording into the variance that it cannot
be a year-round enclosed structure. If an addition to the building was requested at some
point, wording should be included in the motion to allow for this.
It was moved and seconded (Moreau/Newsom) to APPROVE the requested
variance as proposed and detailed within the staff report with the inclusion that
the structure will not be permanently enclosed. The Board of Adjustment
acknowledges the existing structure on the subject property is located over
property lines at a zero foot setback, which predates zoning regulations, and
approves the additional setback encroachment requested to install an awning
over the outdoor patio seating area as proposed. The variance is approved with
findings and conclusions as outlined in the staff report. The motion passed 3-0.
REPORTS
2021 Budget process includes a proposal for a full rewrite of the Comprehensive Plan.
A DOLA application for half of the $300,000 funding has been submitted.
There are several initiatives underway for grants for local businesses to apply for
assistance due to the pandemic. Temporary winterizing of structures are a part of this.
A Planning Technician will hopefully be hired in the next month.
There being no further business, Chair Moreau adjourned the meeting at 9:40 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary