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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2022-11-01 BOARD OF ADJUSTMENT – TOWN OF ESTES PARK Tuesday, November 1, 2022 9:00 a.m. Estes Park, CO 80517 The meeting will also be live-streamed on the Town’s Youtube Channel and will be recorded and posted to YouTube and www.estes.org/videos within 48 hours. AGENDA AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1. Board of Adjustment Minutes dated September 13, 2022 ACTION ITEMS: 1. Variance Request: 223 Cleave Street Senior Planner Woeber The applicant seeks a variance related to setbacks and setback standards in the Commercial-Downtown (CD) zoning district. REPORTS AND DISCUSSION ITEMS: 1. Comprehensive Plan Update 2. Upcoming meeting items ADJOURN The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. October 24 2022 1 2 Town of Estes Park, Larimer County, Colorado, September 13, 2022 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting was held virtually in said Town of Estes Park 13 day of September 2022. Committee: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Jessica Garner, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Vice-Chair Newsom called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 3-0. APPEAL-Use of shipping containers 280 North Court Director Garner Chair Moreau recused himself from the Board for this item as he was the appellant. Jeff Moreau, appellant, requested a review of the Estes Park Development Code (EPDC) to determine if shipping containers are allowable accessory structures for outdoor storage in a residential area. The property owners at 280 North Ct submitted an application for a building permit in March 2022 to store two 8'x20' shipping containers on the property. The containers are in addition to one 90.4-square-foot storage shed listed on the survey. The Planning and Building Divisions approved the permit on March 31, 2022. The property owners own and operate a T-shirt shop in Estes Park. According to the owners, the shipping containers are on the site to store overstocked items from their store and personal items from the primary dwelling. Director Garner requested the appeal be dismissed and introduced Town Attorney Kramer to explain. Attorney Kramer explained that an appeal could only be made within 30 days of the permit being issued. Since the permit was issued on March 31, 2022, and the appeal wasn't applied for until July, the Board of Adjustment is not the proper place to hear this. Attorney Kramer requested the appeal be dismissed by the Board of Adjustment and asked the appellant to bring the appeal to the Community Development Department. Member Holtzman asked why this information was just being brought to the Board. Attorney Kramer answered that he was aware of the situation but unaware of the date of the permit issuance until recently. It was moved (Newsom) to dismiss the appeal to not allow shipping containers in a residential Zoning District for the subject property addressed as 280 North Ct. in the Town of Estes Park. The motion failed due to a lack of a second; therefore, the appeal was closed. VARIANCE REQUEST 445 Skyline Dr Senior Planner Woeber Senior Planner Woeber reviewed the staff report. The applicant requests approval of a variance to allow a reduced rear setback of zero feet (0') in lieu of the 15 feet required and side setbacks of 0 feet and 4.2 feet in lieu of the 10 feet required in the R-1 (Residential) Zone District under Section 4.3.C.4. of the Estes Park 3 Board of Adjustment, September 13 , 2022 – Page 2 Development Code (EPDC). An Improvement Survey showed the patio encroached slightly over the property line, approximately 4 inches. While this portion was reconstructed, the zoning violation for setbacks remained. The block wall/patio was on the property line on the south and the west (a zero-foot side setback and rear setback, respectively). Staff recommended approval of the proposed variance described in the staff report, with setbacks consistent with the Improvement Survey Plat. DISCUSSION: The history of property setbacks and plats was reviewed at the request of Chair Moreau. Member Holtzman stated that the alleged drainage problems need to be addressed and fixed. Property owner Glen Schultz described the history of purchasing the house. The house was a cash purchase; therefore, a bank survey did not happen. He was made aware that there might be a property line issue the day before closing. The previous owner indicated that 'patios did not need permits at one point in time'. The encroachment onto the adjacent property has been fixed. There were "pop-up" drains off the gutter system, which were moved onto his property when the encroachment was fixed. To his knowledge, the patio drainage does not drain onto the neighbor's property. Regarding the noise issue, they have been on the property less than six times; however, the Discovery Lodge is right there as well, with 100+ rooms making noise. PUBLIC COMMENT: Marcia Rothschild, neighbor, reviewed her concerns about the patio, confirming that the Board received and viewed her submitted video. Comments summarized: She lived in Los Angeles in 2016-17 when the deck was constructed and assumed a permit was issued. The "Development Proposal Under Review" sign for this meeting was not placed in a visible spot. The drainage has caused severe erosion in her yard. When a property changes hands and the neighbor has an issue with something, it should be moved to an urgent matter. The encroachment issue was disputed with the building department prior to the house being sold. Someone other than the building department should have been made aware of the dispute to keep the final decision from being biased. Was unable to afford a survey of the property. Has offered over $7,000 to the Schultz' for the patio to be removed from the setback. The following people spoke on behalf of Ms. Rothschild's concerns: Marni Shymkus, Michael Bodman, Madison Rothschild, Cynthia Elkins, Jacob Barleen, Morgane Barleen, Cathy Lewis, Bontiea Goss, Rosemary McArthur Chair Moreau closed the public comment and asked if the Board had any additional comments. Holtzman reminded him that the alleged drainage problem had not been addressed, which Moreau said he would address in a moment. Moreau stated that given that the previous owners would not have been able to receive a building permit to elevate the area and place a patio at the property, it was his understanding that even if you were building it on-grade and not elevating the patio, that it could not be any closer than three feet to the property line. Minimally, the patio should be brought back to the six-foot edge of the southwest corner and at a maximum (sic) the legal setback distance. This should not be allowed to remain, ignorance of the code is not an excuse, and we ought not to approve the variance. It was moved and seconded (Newsom/Holtzman) to deny the patio variance request for a rear setback of 0 feet and side setbacks of 0 feet at the south property line due to no original permit. It does not meet the setbacks, and no permit was applied for. Had they gone through the steps, there was no reason to have not been in compliance. It was moved and seconded (Moreau/Holtzman) to approve the 4.2-foot shed variance at the north property line for the subject property addressed as 445 Skyline Drive in the Town of Estes Park. 4 Board of Adjustment, September 13 , 2022 – Page 3 Both motions passed 3-0. REPORTS The Comprehensive Plan is nearly finalized, with an anticipated date of bringing it to the Planning Commission in November and the Town Board in December. It was decided to abolish moving meeting dates after a Monday holiday to the following week starting in 2023. There being no further business, Chair Moreau adjourned the meeting at 10:40 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary 5 6 Community Development Memo To: Chair Jeff Moreau Estes Park Board of Adjustment Through: Jessica Garner, AICP, Community Development Director From: Jeffrey Woeber, Senior Planner Date: November 1, 2022 Application: Setback Variance 223 Cleave Street, Estes Park BAT 223 LLC, Owner/Applicant Joe Calvin, Interstice Architectural Studio, LLC, Representative Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the report. Land Use: Comprehensive Plan Designation: (Future Land Use): Downtown Zoning District: Downtown Commercial (CD) Site Area: 0.18 Acre PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: The applicant requests approval of a variance to allow a reduced front setback of zero feet (0’) in lieu of the eight feet (8’) required in the CD (Downtown Commercial) Zoning District under Section 4.4.C.4. of the Estes Park Development Code (EPDC). The base of the building would be located six feet from the front property line, with upper-level deck/balconies projecting to the property line at a zero-foot setback. Location: The 0.18-acre lot is located at 223 Cleave Street, at the northeast corner of the intersection of Lawn Lane and Cleave Street in downtown Estes Park. Background: The subject property recently contained a two-story structure originally established in 1929, which was demolished. A Development Plan has been submitted for a three- 7 2 story, mixed-use building called the “BAT Project” that includes an art gallery, retail space, a taproom with beer garden, and residential apartments. The demolished structure was constructed up to the front property line to a zero-foot front setback. The developer was not aware that the new structure could not also be built to the front setback. Section 6.3 of the Estes Park Development Code allows a nonconforming structure to be restored or rebuilt if damaged or destroyed by “fire, flood, wind, explosion or act of God,” which is not applicable for this proposed building. Variance Description This is a request to approve a variance to allow a zero-foot (0’) front setback for the upper level decks and roof eaves, and six feet (6’) for the structure at street level, as depicted on the attached drawings. There was some question whether the structure met the Design Standards under Section 11.5 of the EPDC, which allows the building height to be a maximum of 42 feet in the CD Zoning District. After review and discussion with the applicant, it has been determined the structure does comply with these standards, particularly the Development and Design Standards in Section 11.5.C. The third story of the proposed BAT Project will include a “step back of no less than eight feet (8’) from the building façade” as required. Location and Context: Vicinity Map 8 3 Zoning Map Zoning and Land Use Summary Table Comprehensive Plan Zone Uses Subject Site CD (Commercial Downtown) CD (Downtown Commercial) Undeveloped North (MF) Multi-Family RM (Multi-Family) Undeveloped South CD (Commercial Downtown) CD (Downtown Commercial) Commercial East CD (Commercial Downtown) CD (Downtown Commercial) Residential West CD (Commercial Downtown) RM (Multi-Family) Residential Project Analysis 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 9 4 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: Special conditions exist, due to the relatively small size of the property and a 25-foot cliff incorporated into the design of the proposed structure that extends along the entire width of the property to the northeast. The requested variance will not nullify or impair the intent and purposes of the setback standards, the EPDC, or the Comprehensive Plan. Although not directly in the scope of the Code’s Standards for Review, staff notes the BAT Project and the associated variance request are consistent with the recommendations of the Estes Park Downtown Plan adopted in early 2018. 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 may be beneficial use of the property without the variance. However, the design and utility of the proposed building would be constrained without the variance. b. Whether the variance is substantial; Staff Finding: The variance is somewhat substantial with the proposed zero front setback. However the setback at ground level is six feet from the property line, with the upper level being proposed at a zero setback. 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. The majority of structures along Cleave Street are built to the property line at a zero setback, and the proposed setback for the BAT Project would fit with the commercial and multi-family housing character of the neighborhood. The setback would not cause any detriment to adjoining properties. 10 5 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. The BAT Project will involve some utility extensions and improvements, but the reduced front setback will not adversely affect the delivery of these services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The Applicant purchased the property decades ago with a structure built to the property line, and was not aware that a new structure would require an eight-foot front setback. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: There is no alternative to mitigate the Applicant’s predicament aside from a complete redesign of the Project. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The proposed variances would be the least deviations from the Development Code. 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. Review Agency Comments The variance application was referred to all applicable review agencies for comment. There were no objections or requirements from any review agency. There may be requirements with the associated Development Plan for the BAT Project, which will be prepared following the determination of the Board and reviewed administratively. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, no written comments have been received for the variance request. 11 6 • Written notice mailed to adjacent property owners on September 16, 2022. • Legal notice published in the Estes Park Trail-Gazette on September 16, 2022. • Application posted on the Town’s “Current Applications” website on August 26, 2022. Advantages The Town is coordinating planning, design and outreach efforts for the Cleave Street Improvements Project. The BAT Project design would establish a valuable precedent for planned improvements in this area of downtown Estes Park. Disadvantages None. Action Recommended Staff recommends approval of the proposed variance described in this staff report, with setbacks consistent with the BAT Project plans attached hereto. Finance/Resource Impact N/A Level of Public Interest Low. Sample Motions I move to approve the variance request for reduced front setbacks for the subject property addressed as 223 Cleave Street in the Town of Estes Park, with findings as outlined in the staff report. 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. Application 2. Statement of Intent 3. BAT Project Plan Set (Page 6 is a Revised Drawing) 12 Street Address of Lot: Lot: Lot Size Proposed Land Use Town Well Town Well Existing Sanitary Sewer Service EPSD UTSD Septic Proposed Sanitary Sewer Service EPSD UTSD Septic Existing Gas Service Other None Are there wetlands on the site?Yes No Variance Desired (Development Code Section #): Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Application fee (see attached fee schedule) Statement of intent (must comply with standards in Section 3.6.C of the EPDC pg.3-10-3-11,see attached) 1 copy (folded) of site plan (drawn aa scale of 1" = 20') ** 1 reduced copy of the site plan (11" X 17") Existing Land Use Site Information Attachments Legal Description: Parcel ID # : Subdivision: Zoning Other (Specify) Xcel ESTES PARK BOARD OF ADJUSTMENT APPLICATION Submittal Date: Block:Tract: Record Owner(s): General Information Existing Water Service Primary Contact Information Variance Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org The site plan shall include information in Estes Park Development Code Appendix B.VII.5. The applicant will be required to provide additional copies of the site plan after staff review (see the Board of Adjustment variance application schedule). Copies must be folded. Proposed Water Service Other (Specify) Site Access (if not on public street) Town of Estes Park  P.O. Box 1200  170 MacGregor Avenue  Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721  Fax: (970) 586-0249  www.estes.org/CommunityDevelopment Revised 2020.04.01 ks 13 Cell Phone Fax Email APPLICATION FEES See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Phone Cell Phone Fax Email Phone Cell Phone Mailing Address Mailing Address Fax Phone Contact Information Consultant/Engineer Email Mailing Address Record Owner(s) Applicant Revised 2020.04.01 ks 14 ► ► ► ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date I understand that I am required to obtain a "Development Proposal Under Review" 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 Park Board of Adjustment hearing. 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 Park Development Code Section 3.6.D) 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 Park 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. Names: Record Owner Applicant Signatures: Record Owner Applicant 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. OWNER & APPLICANT CERTIFICATION 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 EPDC. 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 Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, 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 Park Development Code is available online at: https://www.municode.com/library/CO/estes_valley/codes/development_code 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. 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. Revised 2020.04.01 ks 15 BAT PROJECT 223 Cleave Street August 17, 2022 VARIANCE REQUEST NARRATIVE This project involves the complete demolition of the existing building at 223 Cleave Street. The building had been lower level commercial space with two upper level apartments, but was unoccupied for several years. The building contained some asbestos which was mitigated prior to the application for a demolition permit. A new three-story building is proposed. The lower level will include an art gallery / retail space to the east and a taproom to the west. The taproom will open to a three-season outdoor beer garden on the west portion of the property. The upper levels of the building will provide a number of residential apartments, some of which may not be completed in the initial construction phase. The upper levels may be left core-and-shell initially. It is possible that parts of the second floor will be finished as an event space accessory to the main level taproom use. We are seeking a setback variance for this project to allow the building to be built 6'-0" from the property line and to allow for upper level decks and roof eaves to project out essentially right to the property line. Specific dimensions are provided on Sheet 2 of 5 of the enclosed drawings. Normally the Estes Park Development Code requires 8'-0" construction setback from the Cleave Street property line. We are requesting this variance for a number of reasons... • The property contains a exceptional geographic feature limiting its use. There is an approximately 25'-0" tall rock cliff wall crossing the site from roughly east to west. The building will be built exclusively supported from the bottom portion of the site with a possible pedestrian bridge and vehicular access at the top of the cliff. • The depth of the usable land from the bottom of the cliff to the south Cleave Street property line is too narrow to allow for the desired beneficial economic development of the site as illustrated. Without this variance, approximately 600 square feet of building area would be lost as well as the projecting upper level balconies. •Most existing buildings on Cleave Street were built in the more-or-less distant past with little-to-no setback from their south property lines adjacent to Cleave Street. Without this variance, the proposed building would be noticeably setback behind it's neighbors to the east. Care has been taken in the proposed design to align the projecting face and height of balconies with features of the immediately neighboring building as well as other existing buildings further east on Cleave. See 4 of 5 in the enclosed drawings for illustration of this relationship. Our intent in seeking this variance is to maintain the neighborhood character and fabric. Setting the building back in compliance with the 8'-0" requirement would substantially alter the neighborhood character. • The pre-existing buildings on the site (now demolished) had essentially zero setback from the south Cleave Street property line. When originally purchased by the Owner, it was her belief that such dimensions and uses could be maintained. • Using the existing edge of asphalt as a guide, the alignment of the building shown on the enclosed drawings will allow for a full-width sidewalk meeting Town standards and aligning with future sidewalks to the east on Cleave and to the west residential housing. In fact, at the west side of the building in front of the tap room, the full-width sidewalk will be separated from the building allowing for bicycle parking and a landscaping bed immediately adjacent to the building. The reduced setback to the proposed building as illustrated herein is the least deviation practical for the Owner to make affective use of the site and in order to maintain neighborhood character. The granting of this variance will not interfere with or inhibit public utilities or services, including the new fire sprinkler water service proposed for this project. Beyond the aspects of the variance request discussed above, the intent is to comply with all requirements of set forth in §3.6 of the Estes Park Development Code. Thank you for your consideration of this request. PO Box 1555 • Estes Park, CO 80517 • (970)420-8264 • www.intersticearch.com Page 1 of 1 16 PARCEL II LOT 6 PILTZ RESUBDIVISION AND DESCRIBED BY A DEED AT REC# 19920083867 (0.05 ACRES) 223 CLEAVE STREET PARCEL III LOT 5 PILTZ RESUBDIVISION (0.10 ACRES) PROPOSED BUILDING (FOOTPRINT AT GROUND LEVEL) PROPOSED CONCRETE PATIO/SEATING AREA FOR TAP ROOM 6' PROPOSED GROUND LEVEL SETBACK 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2022 DAB 10' SCALE: 1" = 10' 0 20' SITE PLAN FOR VARIANCE BAT PROJECT OWNER BAT223 LLC 223 CLEAVE ST ESTES PARK, CO 80517 ENGINEER/CONTACT PERSON TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK, CO 80517 ZONING INFORMATION SUBJECT PROPERTY ZONING CLASSIFICATION: CD-COMMERCIAL DOWNTOWN BUILDING SETBACKS = 8' MIN/16' MAX ALONG FRONTAGE, 0' REAR AND SIDE SETBACKS SETBACK VARIANCE INFORMATION 1.APPLICANT REQUESTS A VARIANCE TO THE EXISTING FRONTAGE BUILDING SETBACK ON THE SOUTHERN SIDE OF THE LOT. APPLICANT IS PROPOSING TO BUILD A NEW BUILDING TO REPLACE AN EXISTING BUILDING RECENTLY DEMOLISHED AS SHOWN HEREON. 2.APPLICANT IS REQUESTING A VARIANCE FROM THE CODE FOR A ZERO FOOT FRONT SETBACK FOR SECOND STORY DECKS AND A 6 FOOT SETBACK FOR THE BUILDING. GENERAL NOTES 1.THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY. 2.A PROPOSED AMENDED PLAT APPLICATION IS TO BE SUBMITTED TO RESOLVE PROPERTY BOUNDARY DISCREPANCIES AND PROVIDE LEGAL CONFORMING SETBACKS FOR THE SIDE AND REAR LOT SETBACKS. THAT APPLICATION IS PENDING APPROVAL OF THE VARIANCE REQUEST AS PART OF THIS APPLICATION. EXISTING PROPERTY LINES AND SETBACKS ARE SHOWN HEREON. PROPOSED 17 First Floor Plan Scale: 1/8" = 1'-0"north 0 2 4 8 12 16 Outdoor Storage Cooler Bar Tap Room Atrium Women Men Retail / Art Gallery Storage Work Room Mechanical Water Beer Garden Second Floor Plan Scale: 1/8" = 1'-0"north 0 2 4 8 12 16 Water Third Floor Plan Scale: 1/8" = 1'-0"north 0 2 4 8 12 16 Roof Plan Scale: 1/8" = 1'-0"north 0 2 4 8 12 16 Dining Deck Apartment 1 Long-Term Occupancy Apartment 2 Long-Term Occupancy Deck Deck Bath Bath Landing LandingMen Women Event Space Kitchen Mech Deck open to below Artist in Residence Apartment Long-Term Occupancy Deck Landing Landing Deck Manager's Apartment Long-Term Occupancy 2: 1 2 Sl o p e D n 2:12Slop e D n 2:1 2Slo p e D n 2:1 2 Slo p e D n 4:1 2 Slo p e D n 4: 1 2 Sl o p e D n 2:12 Slop e D n 4:12 Slop e D n 4:1 2 Sl o p e D n 4: 1 2 Sl o p e D n 6' - 1 3 / 8 " 6' - 0 " 6'-3 3 / 4 " 7'-6 1 / 8 " 8' - 0 " 8'-0 " 43'-0" 17'-8" 30' - 0 " Property Line Setback LineExterior face of foundation and framing Stone veneer base 36'- 0 " 20° 20° 9'-8" Decks project 6'-0" from wall below - near zero behind property line Decks project 6'-0" from wall below - near behind property line 3¾" 1'-1 0 ¼" 1½" ½" 16 ' - 0 " Building Floor Areas FIRST FLOOR Retail/Gallery 755 sf Storage 50 sf Common Areas 585 sf Tap Room 782 sf Walk-In Cooler 143 sf Total Conditioned 2,315 sf SECOND FLOOR Appartments 896 sf East Deck 230 sf Common Landings 211 sf Event Space 1,060 sf West Deck 534 sf Total Conditioned 2,167 sf FIRST FLOOR Artist Residence 694 sf East Deck 158 sf Common Landings 156 sf Manager Residence 915 sf West Deck 147 sf Total Conditioned 1,765 sf TOTAL CONDITIONED FLOOR AREA 6,247 sf Total Decks 1,069 sf BAT PROJECT 223 Cleave Street, Estes Park, CO 80517 VARIANCE REQUEST August 17, 2022 Building Floor Plans ©2022 Interstice Architectural Studio, LLC 2 of 5 18 Southwest Building Elevation Scale: 1/4" = 1'-0" 0 1 2 4 6 8 South Building Elevation Scale: 1/4" = 1'-0" 0 1 2 4 6 8 East Building Elevation Scale: 1/4" = 1'-0" 0 1 2 4 6 8 Aerial View Not to Scale north BAT PROJECT 223 Cleave Street, Estes Park, CO 80517 VARIANCE REQUEST August 17, 2022 Building Elevations ©2022 Interstice Architectural Studio, LLC 3 of 5 19 North Building Elevation Scale: 1/4" = 1'-0" 0 1 2 4 6 8 West Building Elevation Scale: 1/4" = 1'-0" 0 1 2 4 6 8 View from West looking East Down Cleave Street Not to Scale no r t h View from East looking West Down Cleave Street Not to Scale n o r t h View from Southeast looking Northwest Down Cleave Street Not to Scale n o r t h BAT PROJECT 223 Cleave Street, Estes Park, CO 80517 VARIANCE REQUEST August 17, 2022 Building Elevations and Street Views ©2022 Interstice Architectural Studio, LLC 4 of 5 20 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor 39 ' - 1 ½" Art Gallery Apartment 2 Long-Term Occupancy Artist in Residence Apartment Long-Term Occupancy Apartment 1 Long-Term Occupancy Women Men Unisex Bath Artist in Residence Apartment Long-Term Occupancy Event Space Kitchen Storage /Cooler Tasting Room Manager's Apartment Long-Term Occupancy Atrium Stor 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor Event Space MenTasting Room Managers Apartment Long-Term Occupancy AtriumMen Apartment 1 Long-Term Occupancy Apartment 2 Long-Term Occupancy Artist in Residence Apartment Long-Term Occupancy Art Gallery Water Building Section4Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section3Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section2Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section1Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section5Scale: 1/8" = 1'-0" 0 2 4 8 12 16 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor 140'-9" Highest Ridge 140'-9" Highest Ridge 12 4 122 122 122 122 12 2 12 5 12 5 BAT PROJECT 223 Cleave Street, Estes Park, CO 80517 VARIANCE REQUEST August 17, 2022 Building Sections ©2022 Interstice Architectural Studio, LLC 5 of 5 21 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor 39 ' - 1 ½" Retail/Art Gallery Apartment 2 Long-Term Occupancy Artist in Residence Apartment Long-Term Occupancy Apartment 1 Long-Term Occupancy Women Men Unisex Bath Artist in Residence Apartment Long-Term Occupancy Event Space Kitchen Storage /Cooler Tasting Room Manager's Apartment Long-Term Occupancy Atrium Stor 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor Event Space WomenTasting Room Managers Apartment Long-Term Occupancy AtriumMen Apartment 1 Long-Term Occupancy Apartment 2 Long-Term Occupancy Artist in Residence Apartment Long-Term Occupancy Retail/Art Gallery Water Building Section4Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section3Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section2Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section1Scale: 1/8" = 1'-0" 0 2 4 8 12 16 Building Section5Scale: 1/8" = 1'-0" 0 2 4 8 12 16 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor 140'-9" Highest Ridge 140'-9" Highest Ridge 12 4 122 122 122 122 12 2 12 5 12 5 113'-2" Finish Floor 124'-5⅛" Finish Floor 100'-0" Finish Floor 13 ' - 2 " 11 ' - 3 ⅛ " 11 ' - 0 ½ " Elevator Shaft 8'-0" 8'-0" 8'-6" 9'-4" BAT PROJECT 223 Cleave Street, Estes Park, CO 80517 Development Plan September 21, 2022 Building Sections ©2022 Interstice Architectural Studio, LLC 8 of 9 22 23 NOTICE On Tuesday, October 4, 2022, at 9:00 a.m., a meeting will be held by the Estes Park Board of Adjustment to consider an application for a setback variance for the property and purpose described below. Legal Description: Within Lot 24, Block 8 Town of Estes Park 2nd, Lot 6, Piltz Resubdivision Type and Intensity of Use: Variance is proposed to allow a front setback of six feet in lieu of the eight feet required in the CD (Downtown Commercial) Zone District. The variance is also requested for setback standards for upper floors, which will not comply with the Estes Park Development Code's Section 11.5 Building Height in the CD Zoning District. The reduced setback is for a proposed mixed-use building ("BAT Project"). The property is located at 223 Cleave Street, Estes Park. Owner: BAT223 LLC For more information, please visit www.estes.org/currentapplications or contact the Community Development Department at planning@estes.org or 970-577-3721. 24