HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2022-04-05
March 30, 2022
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BOARD OF ADJUSTMENT – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, April 5, 2022
9:00 a.m.
Estes Park, CO 80517
The Estes Park Board of Adjustmentwill participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020.Procedures for quasi-judicial
virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator
Machalek on May 8, 2020 and outlined below.
Please click the link below to join the webinar: https://us06web.zoom.us/j/81054816292
Or Join by Telephone:
Dial US: +1-877-853-5257(toll-free)
Enter WebinarID:followed by #
The meeting will also be live-streamed on the Town’s Youtube Channel and will be recorded
and posted to YouTubeand www.estes.org/videoswithin 48 hours.
Public Comment
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Prepared 3/30/22
AGENDA
BOARD OF ADJUSTMENT – TOWN OF ESTES PARK
Tuesday, April 5, 2022
9:00 a.m.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
CONSENT AGENDA:
1.Board of Adjustment Minutes dated February 1, 2022
ACTION ITEMS:
1.Variance Request: 460 Valley Road Planner II Bergeron
The Applicant seeks a setback of two feet, in lieu of the 25 foot minimum required for
the E-1, Estate Zoning District.
2.Variance Request: 1040 Big Thompson AvenueSenior Planner Woeber
The applicant seeks a variance to the number of accommodation units allowed, from
46 to 50.
REPORTS AND DISCUSSION ITEMS:
1.Re-a
ppointment of Members Newsom and Holtzman
2.Board Elections – tabled to next meeting
3.Discuss return to In-Person meetings
4.Comprehensive Plan Update
ADJOURN
NOTE: The Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
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Town of Estes Park, Larimer County, Colorado, February 1, 2022
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtuallyin said Town of
Estes Park onthis 1 day of Februray2022.
Committee:ChairWayne Newsom, Vice-ChairJeff Moreau, Board
Member Joe Holtzman
Attending:Chair Newsom, Vice-ChairMoreauMoreau, Board Member Holtzman,
Community Development Director Community Development Director Jessica Garner, Senior
Planner Woeber, Recording Secretary Karin SwanRecording Secretary Karin SwanRecording Secretary Karin Swanlund, Town
Board Liasion Barbara MacAlpineBoard Liasion Barbara MacAlpineBoard Liasion Barbara MacAlpine
Absent:none
Chair Newsomcalled the meeting to order at d the meeting to order at 9:09:00 a0 a.m..m..m.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded It was moved and seconded ((HolzmanHolzman///NewsomNewsomNewsom) to approve the agenda. The motion ) to approve the agenda. The motion ) to approve the agenda.
The motion
passed 2-0. Moreau was unavailable.0. Moreau was unavailable.
APPROVAL OF CONSENT AGENDAAPPROVAL OF CONSENT AGENDAAPPROVAL OF CONSENT AGENDA
It was moved and seconded (It was moved and seconded (It was moved and seconded (HoltzmanHoltzmanHoltzman/Newsom/Newsom/Newsom) to approve the Consent Agenda. The ) to approve the Consent
Agenda. The ) to approve the Consent Agenda. The
motion passedmotion passed 2- 2-0. Moreau was unavailable.0. Moreau was unavailable.0. Moreau was unavailable.
VARIANCE REQUESTVARIANCE REQUESTVARIANCE REQUEST 375 Prospector Lane375 Prospector Lane375 Prospector LaneSenior Planner Jeff Woeber
Planner WoeberWoeberWoeberreviewed the staff report.reviewed the staff report.reviewed the staff report.This request This request This request seeks a variance to allow a 15-
footside setback on the eastern property line side setback on the eastern property line side setback on the eastern property line in placeof the 25-foot minimum required
in the E-1 (Estate) Zoning District. The applicant 1 (Estate) Zoning District. The applicant 1 (Estate) Zoning District. The applicant is proposing the construction of a
detached garage.detached garage.detached garage.
JR Davis, the owner/applicant, explained that the proposed location is the only place Davis, the owner/applicant, explained that the proposed location is the only place Davis, the
owner/applicant, explained that the proposed location is the only place
that makes sense for this garage addition. He is planning an extensive remodel on the that makes sense for this garage addition. He is planning an extensive remodel on the
house, and once the town approves this variance, he will follow up with the Home house, and once the town approves this variance, he will follow up with the Home
Owners Association.
DISCUSSION:none
PUBLIC COMMENT: none
It was moved and seconded (Moreau/Holtzman) to approve the variance request as
written. The motion passed 3-0.
REPORTS
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Board of Adjustment, February 1, 2022 – Page 2
Director Garner discussed the Comprehensive Plan updateprocess. The committee
meets every two weeks, and things are progressing as planned. All documents, meetings
and handouts are available at engageestes.org. There will be an update at the February
8 Town Board study session.
Packet materials for the unique variance request coming to the Board in March will be ket materials for the unique variance request coming to the Board in March will be
distributed as early as possible. Please feel free to call Director Garner or Planner Woeber distributed as early as possible. Please feel free to call Director Garner or Planner Woeber
with any questions prior to the meeting.
Board elections will take place at the April meeting. As their terms expire on March 31, d elections will take place at the April meeting. As their terms expire on March 31, d elections
will take place at the April meeting. As their terms expire on March 31,
Members Newsom and Holtzman will need to reapply for the Board. Members Newsom and Holtzman will need to reapply for the Board. Members Newsom and Holtzman will need to reapply for the
Board.
There being no further business, Chair NewsomChair Newsomadjourned the meeting at 9:adjourned the meeting at 9:adjourned the meeting at 9:202020a.m.a.m.a.m.
WayWayWayne Newsom, ne Newsom, ne Newsom, ChairChairChair
Karin Swanlund, Recording Secretary Karin Swanlund, Recording Secretary Karin Swanlund, Recording Secretary
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COMMUNITY DEVELOPMENT
Memo
To:ChairWayne Newsom
Estes Park Board of Adjustment(BOA)
Through:Jessica Garner, AICP, Community Development Director
From:Alex Bergeron, Planner II
Date:April 5, 2022
Application:Variance Request
460 Valley Road
Stanton and Mary Peterson, Owners/Applicants
Recommendation:Staff recommends the Board of Adjustment approve the variance
request, subject to the findings described in the staff report.
Objective:
The applicantrequestsa variance to Table 4-2 of the Estes Park Development Code
(EPDC) to permit atwo-foot (2setback in place of therequired2on the
north property line.
Location:
460 Valley Road, which Parcel3523400037,legally COM AT PT 556 FT N,
1000 FT W OF SE COR 23-5-73, S 128 FT, W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM
AT PT 556 FT N, 1000 FT W OF SE COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N
89 49' E TPOB Property.
Background:
The Property is located in the E-1 (Estate/1-acre min. lot size) Zone District. The
Property has no street frontage (public or private), is accessedvia gravel drive, which
itself extends off of thedrivewayof aReligious Assembly uselocated west of the
property at 450 Valley Road. The acreage of the Propertyis below the zone district
minimum lot size of one acre, and the true acreage of the site isnot clear.Larimer
CountysAssessorliststhe Property at0.49 acres,though the true acreageis smaller
because the Assessor considerstwo separate lotsas one lot.Thesite is actually two
separate lots,perrecordedin
1971. The deeds were created before the Town of Estes Park adopted its subdivision
standards, and the Community Development Department has determined the lots to be
separate parcels, asshownon the attached site plan. The two lots do function as one
property, and seem to be conveyed as a couple, but the smaller, upper lot is not being
considered as part of the variance request(seeFigure 1:Subject Parcelbelow;and
see alsoAttachment 1Form,Attachment 3ent of Intent,
Attachment 34Proposed Site Plan).
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Figure 1:Subject Parcel
A portion of the existing house, originally built in 1913, encroaches into
area, including thedeck. A variance for these encroachments was granted by the Estes
Valley Board of Adjustment on May 6, 2008.
Project Description
Overview:
The applicantsare seeking a 23-foot setback variance to construct an accessory
structuretwo feet from the northern property line. The accessory structure would
contain garage space on the lower level, and, if authorized through the Conditional Use
Permit (CUP) process outlined in EPDC §3.16 and §5.2, an Accessory Dwelling Unit
(ADU).
Location and Context
The Property is located in theE-1 (Estate/1-acre min. lot size) Zone Districtbetween W.
Wonderview Avenue and W. Elkhorn Avenue (see Figure 2: Vicinity and Zoning Map
below).
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Figure 2: Vicinity and Zoning Map
Land Use Summary
Table 1: Zoning and Land Use Summary
Comprehensive PlanZoneUses
Subject
EstateE-1Single-family Res.
Site
Single-family Res./
NorthEstateE-1
Vacant
SouthEstateE-1Single-family Res.
EastEstateE-1Single-family Res.
WestInstitutionalAReligious Assembly
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Review Criteria:
The Board of Adjustment is the decision-making body for this application.In accordance
with EPDC§3.6.C.(Variances Standards for Review), applications for variances shall
demonstrate compliance with the applicable standards and criteria contained therein.
Staff findingson these standards and criteria are outlined below:
§3.6.C.1: Special circumstances or conditions exist.
Staff finding:The Property is unusual in its location, size, and configuration.
§3.6.C.2(a): Whether there can be any beneficial use of the property without the
variance.
Staff finding:The Property has been used as a residencefor decades.
§3.6.C.2(b): Whether the variance is substantial.
Staff finding:A 23-foot setback variance represents a 92% encroachment. However,
while the smaller, northern lot is not a factor as a basis of setback distance, the two
parcels have functionally behaved as one for more than 50 years, and the variance may
be of lesser magnitude in terms of neighborhood perception.
§3.6.C.2(c): Alteration to neighborhood character/local detriment.
Staff finding:Primary structures with accompanying accessory structures are common
in the immediate vicinity and in the E-1Zone District. The proposed structure would
replace an existing shed at the proposed location. (See also comment on §3.6.C.2(b)
above.)
§3.6.C.2(d): Adverse effecton the delivery of public services such as water and
sewer.
Staff finding:All utility agenciesare satisfiedwith the proposed plans as presented to
the BOA.
§3.6.C.2(e): Whether the Applicant purchased the property with knowledge of the
requirement.
Staff finding:Unknown.
§3.6.C.2(f): Whether the Applicants predicament can be mitigated through some
method other than a variance.
Staff finding:It may be possible to position the structure outside of the setbackarea,
though the position of the existing driveway logically leads to the proposed locationand
there couldbe impacts tostormwater drainagewith a different position.
§3.6.C.3:No variance shall be granted if the submitted conditions or
circumstances affecting the Applicant's property are of so general or recurrent a
nature as to make reasonably practicable the formulation of a general regulation
for such conditions or situations.
Staff finding:The Property is unusually small relativeto the standards of the E-1Zone
District,inwhich lots are intended to be at least one acre in size.
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§3.6.C.4: No variance shall be granted reducing the size of lots contained in an
existing or proposed subdivisionif it will result in an increase in the number of
lots beyond the number otherwise permitted for the total subdivision.
Staff finding:Deeds recorded in 1971 showthe two lots in their current form before the
Town adopted its subdivision standards and are consideredlegitimatedesignatorsof
metes and bounds.
§3.6.C.6: No variance for non-permitted use.
Staff finding:The residential use is permitted by rightin the E-1 Zone District.
§3.6.C.7: BOA may grant conditions to ensure objectives are met.
Staff finding:Staff does not recommend additional conditions.
Reviewing Agency Comments:
This request has been routed to reviewing agency staff for review and comment.
Comments received were either neutral or in favor of the request (see Attachment 5:
Agency Review Comments).
Public Notice:
Staff provided public notice of the application in accordance with Town and State public
noticing requirements. As of the time of writing this report,several telephonedpublic
inquiries were receivedand nowrittencomments have been received for the variance
request.
Written notice wasmailed to adjacent property owners on March 17, 2022.
Legal notice waspublished in the Estes Park Trail-Gazette on March 18, 2022.
ApplicationwasMarch 18,
2022.
date (see Attachment 6
Advantages:
Approval of the variance request would permit the owners a reasonably sized
accessory structure. Accessory structures are not uncommon in the E-1Zone
District, which is a semi-rural, lower density zoning designation.
Development of an ADU, if permittedthrough the CUP process, would create
additional housing in Estes Park. The community is currently facing a housing
shortage.
This proposal may advance Comprehensive Plan Community Wide Policy 5.2
the creation of housing for permanent residents of all sectors of the community
that is integrated into and dispersed throughout existing neighborhoods.
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Disadvantages:
The setbackvariancerequested could be perceived as very substantial,which
calls the purpose of setbacksintoquestion.
Action Recommended:
Staff recommends APPROVALof thevariance request, based on staff findings listed
above.
Finance/ResourceImpact:
N/A
Level of Public Interest:
Low.
Sample Motion:
I move that the Board of Adjustment APPROVEthe variancerequest, in accordance
with the findings as presented.
I move that the Board of Adjustment denythe variancerequest, finding that \[state
findings for denial\].
I move that the Board of Adjustment continue the variancerequest to the next regularly
scheduled meeting, finding that \[state reasons for continuance\].
Attachments:
1.Application Form
2.Statement of Intent
3.1971 Deeds
4.Proposed Site Plan
5.Agency Review Comments
6.Evidence of Posted Notice
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See"PresentSituation"instaffreport-AEB
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Page 15
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Thispointisnotclear.The11'
setbackwouldonlyapplyifthe
lotswereconsideredtobe
one.Whileacouple,theyare
separateparcels-AEB
Page 17
Page 18
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N
20
Page
Page 21
Actioncommentsresolved
3/23/2022-AEB
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Community Development
Memo
To:Estes Park Board of Adjustment
Through: Jessica Garner, AICP, Community Development Director
From: Jeffrey Woeber, Senior Planner
Date: April 5, 2022
Application: Variance Request, Increased Accommodation Unit Density
1040 Big Thompson Avenue
Castle Peak Holdings, Owner/Applicant
Recommendation: Staff recommends the Board of Adjustment deny the variance
request, subject to the findings described in the report.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective
The applicant requests approval of a variance to allow an increase in the density of
accommodation units beyond the current allowance in the A Zone District.
Location
Addressed as 1041 Big Thompson Avenue, legally described as Lot 2, Block 1, Lake
View Tracts, Town of Estes Park.
Background
The subject property contains a lodging/motel use, and is within an A
(Accommodations) Zone District. The original owner received approval of a
Development Plan in 1985, approving 43 Accommodation Units (rooms). During the
course of the following 37 years, an additional three units were added without
documentation or record of when they were constructed
Community Development has determined the 46 existing units are legally
nonconforming, or “grandfathered” as explained below. Given the challenges
associated with determining how and when the three additional units were added, staff
will not require the applicant to seek approval for those.
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TheTown of Estes Park Zoning Code in effect in 1985 permitted the construction of43
rooms and was replaced by the Estes Valley Development Code in 2000.Recently
renamed the Estes Park Development Code (EPDC), Section 4.4.C. requires 1800 sq.
feet per accommodation unit. According to Larimer County Assessor's records, the
propertyis 1.34 acres in size, or58,370 square feet, which allows for 32
accommodation units.The46 unitsare 14 units more than what would be allowable
under the current Code, and those 14 units are legally nonconforming.
Project Description
Overview
This is a request to grant a variance to allow 50 Accommodation Units, four more units
than the existing 46.
The applicable standard of 1800 square feet per Accommodation Unit is “Minimum Land
Area per Accommodation or Residential Unit (sq. ft. per unit)”, within the EPDC,
Chapter 4, Zoning Districts, Section 4.4, Nonresidential Zoning Districts, Subsection
4.4.C., Density/Dimensional Standards, Table 4-5, Base Density and Dimensional
Standards Nonresidential Zoning Districts.
Location and Context
Vicinity Map
2 | Page
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Zoning Map
Land Use Summary
Table 1: Zoning and Land Use Summary
Comprehensive PlanZoneUses
Subject
AccommodationsA (Accommodations)Accommodations
Site
NorthEstate: 1 Acre MinimumE-1 (Estate)Residential
SouthResidential: ¼ Acre MinimumR-2 (Two-Family Residential)Residential
East AccommodationsA (Accommodations)Accommodations
WestAccommodationsA (Accommodations)Accommodations
3 | Page
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Review Criteria
The Board of Adjustment (BOA) is the decision-making body for variance requests. In
accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications
for variances shall demonstrate compliance with the applicable standards and criteria
contained therein. The Standards with staff findings for each are as follows:
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:Staff does not find special circumstances or conditions of the type
described, nor practical difficulty. The applicant does indicate difficulty in adding
ADA accessible units, but it is unclear what the difficulties are.
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: There is beneficial use of the property without the variance. The
accommodations/motel use has operated since approximately 1985.
b. Whether the variance is substantial;
Staff Finding: The variance is substantial relative to the current EPDC
Accommodation Unit density standard for which the variance is requested.
Although it is acknowledged that the existing 46 Accommodation Units are
allowed, and the request for four additional is an 8.7% increase, the current Code
standard allows 32. The existing 46 Units is 43.8% above the current Code
standard of 32. Fifty Accommodation Units is 56.3% above the 32 allowed under
the current Code.
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: Staff does not find the character of the neighborhood would be
altered, and there would be no detrimental impacts to adjoining properties as a
4 | Page
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result of the variance other than a negligible increase in traffic during peak
season.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer.
Staff Finding:Public services such as water and sewer will not be adversely
affected by the variance.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: The Development Code containing the Accommodation Unit
density standard has been effective since the year 2000. The current owner
purchased the property quite recently, in January 2021.
f. Whether theApplicant's predicament can be mitigated through some
method other than a variance.
Staff Finding: Typically, economic hardship is not a basis for granting a
variance. This is based on best planning and zoning practices and also the
EPDC’s Section 3.6, which specifies approval of a variance is to involve “Special
circumstances or conditions exist (e.g., exceptional topographic conditions,
narrowness, shallowness or the shape of the property) …” These are not
financial or economic circumstances or conditions. The method to mitigate the
applicant’s need for ADA units is to convert existing rooms to ADA standards.
3. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: There is no alternative process that could allow the four proposed
additional Accommodation Units under the EPDC, other than perhaps amending
the EPDC to increase the allowable density.
4. In granting such variances, the BOA may require such conditions as will, in its
independent judgment, secure substantially the objectives of the standard so
varied or modified.
Staff Finding: Staff does not recommend conditions.
The attached Statement of Intent contains the applicant’s rationale to demonstrate
compliance with the above Standards and Criteria, describing how they have
determined their variance request demonstrates compliance with each.
5 | Page
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Staff supports the applicant’s renovation efforts for this property, and recognizeseach of
the points and rationale behind the desire for four additional accommodation units.
However, Section 3.6 of the EPDC does notprovide staff or the Board of Adjustment
the discretion to approve a variance for the reasons provided by the applicant. The
applicant’s basis for the variance request appears to be primarily economic, along with
the need to provide rooms that are compliant with the Americans with Disabilities Act
(ADA).
Review Agency Comments
The variance application was referred to all applicable review agencies for comment.
The Public Works Department provided comments (attached). The Town of Estes Park
Utilities Department has “…no objection to this proposed variance.” No other comments
were received.
Public Notice
Staff provided public notice of the application in accordance with Town and State public
noticing requirements.As of the time of writing this report, no written comments have
been received for the variance request.
Written notice mailed to adjacent property owners on March 18, 2022.
Legal notice published in the Estes Park Trail-Gazette on March 18, 2022.
Application posted on the Town’s “Current Applications” website as of March 18,
2022.
Advantages
The applicant would add four additional Accommodation Units as proposed.
Disadvantages
Approval of the variance may set a precedent where future applicants may cite
economic reasons as a basis for approval, which is not consistent with variance
standards under Section 3.6 of the EPDC.
Action Recommended
Staff recommends denial of the proposed variance described in this staff report under
“Review Criteria.”
Finance/Resource Impact
N/A
Level of Public Interest
Low.
6 | Page
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Sample Motions
I move to approve the requested variance, allowing four (4) additional Accommodation
Units, for a total of fifty (50) Accommodation Units on the subject property addressed as
1040 Big Thompson Avenue in the Town of Estes Park.
I move to deny the requested variance with the following findings (state
reason/findings).
I move that the Board of Adjustment continue the variance to the next regularly
scheduled meeting, finding that \[state reasons for continuance\].
Attachments
1. Statement of Intent
2. Application
3. Site plan
4. Public Works Comments d. 2/28/22
7 | Page
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February 9, 2022
RE: Letter of Intent – Estes Village Inn – Additional KeysRequest
To Whom it May Concern,
Beacon Bay Project Management (“BBPM”), on behalf of Castle Peak Holdings (“CPH”), is submitting an
application for future alterationsat Estes Village Inn, located at 1040 Big Thompson Ave., Estes Park, CO
80517. We are requesting a variance tocurrent code, specifically section 4.4.C,toadd four (4) additional
guest unitsto the property, bringing the total units to fifty (50) from the current forty-six (46).
CPH and Denver based Victory Investment Partners (Victory) acquired Estes Village Inn, along with Twin
Owls Motor Lodge at 700 N St Vrain Avenue, in January 2021 with the vision to convert the rundown
motels into boutique destinationsthat celebrate the dynamic communityof Estes Parkand the
surrounding Rocky Mountain National Park. Upon acquisition, CPH set out to address a varietyof life,
safetyand codeissues that had gone unchecked and unenforced for years under prior ownership. This
includes, but isn’t limited to, the voluntary additionoffiresprinklers at Estes Village Inn, a significant
investment in the safety of our guests and the surrounding community. In total, CPH is investing over $20
million across the two hotels, generating considerable revenue for the City of Estes Park through
development fees and increased sales and occupancy tax. CPH has been excited and encouraged by the
strong supportfor the projects from the local community.
During the acquisition process, CPH identified that the highest and best use for the existing breakfast
room and a previously unpermitted guestroom at Estes Village Inn was to convert the underutilized space
into four (4) new guest units, including two (2) Americans with Disabilities Act (ADA) guest rooms. The
additional revenue generated from these four (4) rooms – roughly $200,000 annually – is necessary to
substantiate CPH’s significant capital spendacross the two hotels, and, more specifically, the large
investment to bring the buildings up to current code.This revenue cannot be made up anywhere else.
Furthermore, Estes Village Inn currently does not have any ADA guest units, and the conversion of any of
the preexisting units to meet ADA standards would prove to be economically infeasible due to current
conditions, specifically the existing slope of the site.The breakfast room, which is proximate to the lobby
space, is also a superior location for any disabled guests as it allows them easy access to the public spaces
without having to get in and out of their vehicle. CPH strongly believes that approving this variance
request is in the best interest our guests and the local community of Estes Park.
In summary:
CPH acquired Estes Village Inn and Twin Owls in January 2021 intending to make a sizeable
investment across the two projects. The incremental revenue generated from these four (4)
additional rooms is necessary for CPH’s investment to make sense.
CPH intends to make significant upgrades to address preexisting fire, life, safety and code issues
on the property. This includes the voluntary addition of sprinklers.
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Two (2) of the four (4) new units will be ADA compliant rooms. Due to the slope of the siteand
the current size of existing units, it is economically infeasible to add ADA compliant rooms
elsewhere within the project.
CPH is proposing to convert underutilized space within the existing building envelope to its
highest and best use. Adding these units will not add any additional square footage to the site,
alter the exterior of the buildings or impact neighboring property in any way.
CPH will meet the parking requirements as laid out in Section 7.11 of the Code requiring one
(1) parking space per guestroom and one (1) parking space per three (3) employees. The
property will have 53 parking spots, 50 for guestrooms and three (3) for up to nine (9)
employees.
CPH believes that the current code inflicts unnecessary hardship by limiting the use of
preexisting, underutilized space within the existing square footage of the buildings. It also
inflicts practical difficulty due to preexisting conditions that limit theability to add ADA
compliant guest rooms elsewhere on the property.
Section 3.6 of the Estes Park Development Code lays out the standards by which a variance will be granted.
We address each point below. Specific code from Section 3.6 isin blue text.
Standards for Review.All applications for variances shall demonstrate compliance with the standards
and criteria set forth below:
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 impairingthe intent and purposes of either the specific
standards, this Code or the Comprehensive Plan.
Estes Village Inn has been legal, non-conforming for over 20 years as it relates to the density
calculation in Section 4.4.C. Due to the slope of the site and the size of the existing guestrooms, it is
economically unfeasible, nor practical, to add the two (2) ADA complaint rooms elsewhere on
property.
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;
No better use for the space than adding ADA guest rooms to serve these guests and bring properties
up to code, bring an existing non-permitted room up to code that has no other use, and generate
additional revenue that will support life safety investment and tax dollars for Estes Park.
b.Whether the variance is substantial;
The property currently has 46 guest rooms and has been legal, non-conforming for several decades.
No additional square footage will be added to the site, and one of the guestrooms is already
Page 34
constructed as a unpermitted room with no other uses. CPH believes that the addition of these four
(4) rooms do not constitute a substantial variance, however they will have a substantial financial
impact.
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;
The addition of the four (4) guest rooms within the building’s existing envelope will not alter the
character of the neighborhood or impact adjoining properties in anyway. Furthermore, if the Board of
Adjustments grants the variance, CPH will be required to go through a development plan review with
the city. The project will only move forward if deemed favorable to the character of the
neighborhood. Finally, CPH has made substantial investments at both Estes Village Inn and Twin Owls
to make both propertiescornerstones of the community – a significant change from the condition of
the properties under prior ownership.
d.Whether the variance would adversely affect the delivery of public services such as
water and sewer;
The planned renovation of the property already requires upgrades to the electrical and water service
servicing the property. The investment only helps the services in the area. Estes Park Sanitation and
Estes Park Utilities voicedno objections to the additionof these rooms duringthe pre-application
th
meeting held on January 272022.
e.Whether the Applicant purchased the property with knowledge of the requirement;
CPH met with the city pre-purchase and on multiple occasions post-sale to discuss both Estes Village
Inn and Twin Owls. Please see below dates and personsin attendanceto these meetings. This was
clearly not just an afterthought but a purposefully planned addition. In all meetings pre and post-
purchase, previous Estes Park Community Development Director Randy Hunt expressed favorable
likelihood of adding four (4) additional rooms, due to the rooms being within the building’s existing
envelope and contingent on CPH providing an updating parking plan with the required number of
spaces. It was also discussed that the revenue from these additional rooms was necessary given the
significant investment that was needed to address the extensive code and life, safety issues. These
discussions gave CPH confidence in the business plan and considerable capital investment being
st
undertaken at both projects. On December 1, 2021, Estes Park Senior Planner Jeff Woeber presented
CPH for the first time with information regarding the concerns around avariance approval.
October 22, 2020 – Attendees – Adam Hazlet (Victory Investment Partners) and Randy Hunt
(Prior Estes Park Community Development Director)
November 23, 2020 – Attendees – Adam Hazlet (Victory Investment Partners), Mike Weiss
(Castle Peak Holdings - Owner) and Randy Hunt (Prior Estes Park Community Development
Director)
December 1, 2020 – Attendees – Adam Hazlet (Victory Investment Partners) and Randy Hunt
(Prior Estes Park Community Development Director)
Page 35
July 20, 2021 – Attendees – Adam Hazlet (Victory Investment Partners), Mike Weiss (Castle Peak
Holdings - Owner), Electric Bowery (Architect of Record), Gary Ruso (Estes Park Chief Building
Official) and Randy Hunt (Prior Estes Park Community Development Director)
August 20, 2021 – Attendees - Adam Hazlet (Victory Investment Partners), Craig Middleton
(Beacon Bay Project Management), Gary Ruso (Estes Park Chief Building Official) and Randy
Hunt (Prior Estes Park Community Development Director)
September 2, 2021 – Attendees - Craig Middleton (Beacon Bay Project Management), Randy
Hunt (Prior Estes Park Community Development Director) and Jessica Garner (Current Estes Park
Community Development Director)
November 10, 2021 – Mike Weiss (Castle Peak Holdings – Owner), David Rochefort (Castle Peak
Holdings – Owner), Craig Middleton (Beacon Bay Project Management), and Jessica Garner
(Current Estes Park Community Development Director), Jeff Woeber (Estes Park Senior Planner)
December 14, 2021 – Adam Hazlet (Victory Investment Partners), Mike Weiss (Castle Peak
Holdings – Owner), David Rochefort (Castle Peak Holdings – Owner), Craig Middleton (Beacon
Bay Project Management), and Jessica Garner (Current Estes Park Community Development
Director), Jeff Woeber (Estes Park Senior Planner)
f.Whether the Applicant's predicament can be mitigated through some method other
than a variance.
No, we cannot mitigate the financial impact of the lost revenue from not developing these four (4)
rooms, nor the hardship of developing the required ADA compliant guest rooms elsewhere on the
property.
CPH is excited to invest in the reinvention ofEstes Village Inn into a destination that travelers will embrace
as authentically local to Estes Park, while celebrating everything that makes the local communityso
special. We look forwardto furtherdiscussing the proposed variance with the members of the Board of
Adjustments in the near future.
Warm Regards,
David Rochefort
Castle Peak Holdings
Craig Middleton
Craig Middleton
Beacon Bay Project Management
Page 36
ESTES
BOARD OF ADJUSTMENT
APPLICATION
2/1/2022
Submittal Date:
General Information
Castle Peak Holdings
Record Owner(s):
1040 Big Thompson Ave, Estes Park, CO 80517
Street Address of Lot:
2
LAKE VIEW TRACTS, EP
Legal Description:Lot:
Block:1 Tract:
Subdivision:
2519306002
Parcel ID # :
Site Information
A/ACCOMODATIONS/HIGHWAY CORRIDOR
58,085 SF / 1.33 ACRES
Lot SizeZoning
HIGH INTENSITY ACCOMODATIONS / HOTEL
Existing Land Use
HIGH INTENSITY ACCOMODATIONS / HOTEL (NO CHANGE)
Proposed Land Use
5
Existing Water Service
TownWellOther (Specify)
5
Proposed Water Service
TownWellOther (Specify)
5
Existing Sanitary Sewer Service
EPSDUTSDSeptic
5
Proposed Sanitary Sewer Service
EPSDUTSDSeptic
5
Existing Gas Service
XcelOtherNone
N/A
SiteAccess (if not on public street)
5
Are there wetlands on the site?YesNo
Variance
Variance Desired (Development Code Section #):
Section 3
Primary Contact Information
Craig Middleton
Name of Primary Contact Person
5585 Pine Ridge Road, Golden CO 80403
Complete Mailing Address
5
Primary Contact Person isOwnerApplicantConsultant/Engineer
Attachments
5
Application fee (see attached fee schedule)
5
Statement of intent (must comply with standards inSection 3.6.C of the EDC)
copy (folded) of siteplan (drawn aa scale of 1" = 20') **
1 reduced copy of the siteplan (11"X 17")
Digital copies of plats/plans in TIFForPDF format emailed to planning@estes.org
The site plan shall include information in Estes Development Code AppendixB.VII.5.
he applicant will be required toprovide additional copies of the siteplan after staff review
(see the Board of Adjustment variance application schedule).Copies must be folded.
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
(970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Community Development Department Phone:
Revised 20
Page 37
Contact Information
Castle Peak Holdings
Record Owner(s)
228 Park Avenue South, Suite 35792 New York, NY 10003
Mailing Address
626-616-0864
Phone
Cell Phone
Fax
david@castlepeakholdings.com
Email
Craig Middleton
Applicant
5585 Pine Ridge Road, Golden CO 80403
Mailing Address
Phone
720-285-7627
Cell Phone
Fax
craig@bbpm.com
Email
Electric Bowery, Ltd (Architect)
Consultant/Engineer
720 Hampton Drive Venice, CA 90291
Mailing Address
310-439-1771
Phone
303-888-9827
Cell Phone
Fax
Marissa@electricbowery.com
Email
APPLICATION FEES
See the fee schedule included in your application packetor view the fee schedule online at:
www.estes.org/planningforms
All requests for refunds mustbe made in writing. Allfees are dueat the time of submittal.
Revised 20
Page 38
OWNER & APPLICANT CERTIFICATION
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.
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and publichearing requirements set forth in the Estes
DevelopmentCode (EDC).
I acknowledge that I have obtained or have access to the EDC,and that,prior to filing this application, I have had the
opportunity to consult the relevantprovisions governing the processing of and decision on the application.
The Estes DevelopmentCode is available online at:
https://www.municode.com/library/CO/estes_valley/codes/development_code
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee
by the Towndoes not necessarily mean that the application is complete under theapplicable requirements of the
EDC.
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.
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 Board of AdjustmentVariance Application Schedule and thatfailure
to meet the deadlines shown onsaid schedule shall resultin my applicationor the approval of my application
becoming null and void. I understand that full fees will be charged for the resubmittal ofan application thathas become
null and void.
I understand that I amrequired to obtain a ""sign from the Community
Development Department andthat this sign mustbe posted on my property where itis clearlyvisible from the road. I
understand that the corners ofmy propertyand the proposed building/structure corners mustbe field staked. I
understand that the sign must beposted and the staking completed no later than ten (10) business days prior to the
EstesBoard of Adjustmenthearing.
I understand that if the Board ofAdjustment approves my request, "Failureof 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
DevelopmentCode Section 3.6.D)
Names:
David Rochefort
PLEASE PRINT:
Record Owner
Craig Middleton
Applicant PLEASE PRINT:
Signatures:
2/1/2022
Record Owner Date
2/1/2022
Craig Middleton
Date
Applicant
Revised 2
RELEASED FOR CONSTRUCTIONNOT
1 1/4"
39
Page
RELEASED FOR CONSTRUCTIONNOT
Plan
Site
Existing
40
Page
RELEASED FOR CONSTRUCTIONNOT
42' - 1 1/2"
19' - 10"19' - 10"
0"
DN
39' - 8"
DN
UP
0"
"
0
-
'
8
3
UP
-6' - 8"
-6' - 8"
34' - 10"
"
3
-
'
4
2
UP
UP
7' - 9"
DN
-11' - 6"
"
6
-
'
7
3
37' - 9"
DN
0"
SURROUNDING ASSEMBLY
01- REMOVE EXISTING EGRESS WINDOW02- REMOVE EXISITNG DOOR OPENING, INFILL WITH RATED CONSTRUCTION TO MATCH03- CREATE NEW OPENING IN EXISTING WALL04- REMOVE EXISTING PARTITION AS
SHOWN05- EXISTING WINDOW TO BE REMOVED & REPLACED06- EXISTING LAUNDRY TO BE RELOCATED TO BASEMENT STORAGE @ BUILDING D07- REMOVE EXISTING EXTERIOR DOOR FOR (N) PRIVATE TERRACE
KEYNOTES (DEMO PLANS)
"
9
-
'
7
3
50' - 3"
"
0
1
-
'
4
"
2
/
1
9
-
'
6
2
"
2
/
1
7
-
'
1
3
15' - 7 1/2"26' - 10"
41
Page
RELEASED FOR CONSTRUCTIONNOT
42' - 5 1/2"
19' - 10"19' - 10"
0"
DN
39' - 8"
DN
UP
0"
"
0
-
'
8
3
-6' - 8"
-6' - 8"
34' - 10"
"
3
-
'
4
2
UP
UP
7' - 9"
UP
UNDER SEPERATE REVIEW / PERMIT / WORK
-11' - 6"
"
6
-
'
7
3
37' - 9"
DN
0"
ORDER
01- PRESERVE ACCESS TO EXISTING UTILITY SPACE02- NEW GUESTROOM IN PREVIOUS LAUNDRY ROOM03- EXISTING BALCONIES, PAINT SCOPE 04- FRAME OUT NEW BUNK LANDING ABOVE BATHROOM CEILING05-
NEW WOOD GATE AT CORRIDOR06- NEW GUEST BALCONY PARTITIONS AS PART OF EXTERIOR SCOPE
KEYNOTES (OVERALL PLANS)
"
9
-
'
7
3
50' - 3"
"
0
1
-
'
4
"
2
/
1
9
-
'
6
2
"
2/
1
7
-
'
1
3
15' - 7 1/2"26' - 10"5' - 2"
42
Page
RELEASED FOR CONSTRUCTIONNOT
19' - 4"
4' - 10"14' - 1"
DN
15' - 1"
0"
13' - 2"
0"
10' - 2"
01- (N) PARTITIONS AS SHOWN02- REVISED PLUMBING ROUGH-INS03- FIXED LADDER UP TO NEW BUNK AREA04- EXISTING CIRCULATION STAIR TO REMAIN05- EXISTING RATED DEMISING WALLS TO REMAIN06-
(N) PLUMBING ROUGH-INS07- INFILL RATED CONSTRUCTION TO MATCH SURROUNDING ASSEMBLY08- (N) RATED DEMISING WALL09- (N) ALUMINIUM WINDOW IN NEW OPENING TO MATCH EXISTING10- (N) RATED
ENTRY DOOR, FRAME & HARDWARE11- LOCATION ICE MACHINE
KEYNOTES (GUESTROOM PLANS - BUILDING B)
0"
UP
DN
SEE SHEET A.101
CUT LINE
43
Page
Inn
Mountain
Estes
Inn
Village
Estes
View
Lake Storage
Thompson
Big Cabinetry
Map Cabinetry
J
K
Vacinity
45
Page
Page 46
Page 47
Page 48
NOTICE
On Tuesday, April 5, 2022, at 9:00 a.m., a virtual meeting will be held by the Estes
Park Board of Adjustment to consider an application for a variance for the properties
and purposes described below.
Legal Description: Lot 2, Block 1, LakeView Tracts,Estes Park
Type and Intensity of Use: Applicant requests approval of a variance to the standard
within the Estes Park Development Code, Section 4.4.C., for density of Accommodation
Units allowed. Applicant requests50 total Accommodation Units, an increase of four
above the existing 46 units.The property is located at 1040 Big Thompson Avenue and
is in an A (Accommodations) Zoning District.
Owner: Castle Peak Holdings
Legal Description: COM AT PT 556 FT N, 1000 FT W OF SE COR 23-5-73, S 128 FT,
W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM AT PT 556 FT N, 1000 FT W OF SE
COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N89 49' E TPOB
Type and Intensity of Use: Applicant requests approval of a variance to allow a reduced
setback for an undersized lot located in the E-1 (Estate/1-Acre Min.) zone district and
addressed 460 Valley Road. The purpose of the request is to support construction of an
accessory structure.
Owner/Applicant: Stan & Mary Peterson/Van Horn Engineering.
For more information, please visit www.estes.org/currentapplications or contact the
Community Development Department at planning@estes.org or 970-577-3721.
JG
ABABABABABAB
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JWJWJWJW
Staff
yesyesyesyesyesyes
Ex-Parte
Prohibited
--
tbdtbdtbdtbdtbd
Next Date
5-Apr5-Apr
14-Apr26-Apr19-Apr26-Apr12-Apr
Meeting
Proposed
TBPCTBPCTBTBTB
BOABOA
staffstaff
PC/TBPC/TB
Bodies
Making
ending/
Decision
Recomm
Location
1,11 Riverside Dr1,11 Riverside Drmeeting #22discussion onlycontinued from 11/16325 James St1650 Big ThompsonTBD Marys Lake Rd1040 Big Thompson Aave231 Moraine Ave421 Stanely Ave460
Valley Rd453 E WonderviewDate
CURRENT PROJECTS
Project Name
High Pines SubdivisionHigh Pines SubdivisionComprehensive PlanRM-2 New zone district Elimination of RE-1 zoneGolden Leaf SubdivisonMonopine cell towerRaven RockEstes Village InnFull
Throttle Distillery/RestaurantMartischang storage facilityPetersonUpper Stanley VillageNeon SignsMeeting Location
49
Application Type
AnnexationRezoneCompPAC MeetingCode AmendmentCode AmendmentMinor SubdivisionDevelopment PlanDevelopment PlanVariance RequestDevelopment PlanS1 Special ReviewVariance RequestAddress Change
appealCode Amendment
Page
2/1/20216/3/20211/6/20222/9/20223/1/2022
8/17/20218/17/20219/15/20211/12/20222/16/20222/16/20222/16/20222/28/2022
Submittal Date key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment TRC-Technical Review Committeestaff: JW-Jeff Woeber AB-Alex Bergeron AA-Ayres Associates (consultants)*Schedu
led Neighborhood Meetings:
3/29/2022