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HomeMy WebLinkAboutMINUTES Board of Adjustment 2022-04-05 Town of Estes Park, Larimer County, Colorado, April 5, 2022 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 this 5 day of April 2022. Committee: Chair Wayne Newsom, Vice-Chair Jeff Moreau, Board Member Joe Holtzman Attending: Chair Newsom, Vice-Chair Moreau, Board Member Holtzman, Community Development Director Jessica Garner, Senior Planner Woeber, Planner II Bergeron, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: Newsom Vice-Chair Moreau called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Holzman/Moreau) to approve the agenda. The motion passed 2-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Moreau) to approve the Consent Agenda. The motion passed 2-0. VARIANCE REQUEST 460 Valley Road Planner II Bergeron Planner Bergeron reviewed the staff report. The applicants seek a 23-foot setback variance to construct an accessory structure two 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). Staff recommended the Board of Adjustment approve the variance request, subject to the findings described in the staff report. DISCUSSION: Lonnie Sheldon, Van Horn Engineering, was available for questions. Owner Mary Peterson thanked the Board for their consideration and confirmed that the ADU would not be used as a short-term rental. PUBLIC COMMENT: none It was moved and seconded (Moreau/Holtzman) to approve the variance request as written with the requirement of an approved setback certificate from a licensed engineer. The motion passed 2-0. VARIANCE REQUEST Estes Village Inn Senior Planner Woeber Senior Planner Woeber reviewed the staff report. This request is to grant a variance to allow 50 Accommodation Units, four more units than the existing 46. The subject property contains a lodging/motel use within an A (Accommodations) Zone District. The original owner received approval of a Development Plan in 1985, approving 43 Accommodation Units (rooms). Three additional units were added during the following 37 years without documentation or record of when they were constructed. Staff does not find special circumstances or conditions of the type described nor practical difficulty. The applicant does indicate problems in adding ADA-accessible units, but it is unclear what the difficulties are. Staff recommended the Board of Adjustment deny the variance request, subject to the findings described in the report. DISCUSSION: Vice-Chair Moreau suggested combining smaller rooms into one to make them ADA accessible. Applicants Craig Middleton and David Rochefort explained Board of Adjustment, April 5 , 2022 – Page 2 the reasons for their variance request. Architect Marissa Richen discussed the challenges involved in working with the constraints of the existing structure. The footprint of the building is not changing, and the addition of sprinklers and landscaping would bring the property up to current building codes, meeting the City's standards. There is adequate parking, with 52 spaces. Moreau stated that this variance goes against the intent of the code, and just because it has been non-conforming doesn't mean that it should be granted. PUBLIC COMMENT: Hannah Breining, 232 Big Horn Dr., noted that this will set the precedence for future hotels wanting the same. It was moved and seconded (Moreau/Holtzman) to deny the variance request as written. The motion passed 2-0. REPORTS Members Newsom and Holtzman have been reappointed to their positions on the Board of Adjustment. Since not all members are present today, the Board Elections will be held at the next meeting date. The Members desire to return to in-person meetings. Training will be provided. The Comprehensive Plan is on track and on schedule. There will be a community event on April 28 to get the public's opinion. There being no further business, Vice-Chair Moreau adjourned the meeting at 10:20 a.m. Jeff Moreau, Vice-Chair Karin Swanlund, Recording Secretary