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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2009-08-04P4epared Juiy Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, August 4, 2009 9:00 a.m. - Board Room, Town Hall 1. PUBLIC COMMENT 2. CONSENT a. Approval of minutes dated July 7, 2009 3. REQUESTS a. Metes and Bounds property located at 1209 Manford Avenue Owner: Town of Estes Park Applicant: Thorp Associates, PC Request: Variance from Section 1.9.E to allow construction of a new grandstand above the 30 foot height limit Staff Contact: Alison Chilcott 4. REPORTS 5. ADJOURNMENT Note: 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 Regular Meeting of the Estes Valley Board of Adjustment July 7, 2009, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Chuck Levine, Members John Lynch, Bob McCreery, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair Levine, Members Lynch, McCreery, Newsom, and Sager Also Attending: Director Joseph, Planner Alison Chilcott, Planner Dave Shirk, and Recording Secretary Thompson Absent: None Chair Levine called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA a. Approval of minutes dated June 2, 2009 It was moved and seconded (Newsom/Sager) to approve the minutes as presented, and the motion passed unanimously 3. LOT 1, SILVER LANE STABLES ADDITION, located at 621 Big Thompson Avenue — Request for a variance from §5.1.0.4.a,of the Estes Valley Development Code, which requires that service stations and quick lubrication service uses shall be located at least one hundred (100) feet from the property boundary of any residential zoning district. Staff Report: Planner Chilcott stated Safeway is proposing to construct a service (fueling) station and car wash on the Current Silver Lane Stables site, at the corner of Highway 34 and Steamer Drive. The applicant has also submitted a development plan application for construction of the service` station and car wash, which is being reviewed at staff level with a decision by July 21,u2009. Planner Chilcott stated that staff reviewed the variance request for compliance with Estes Valley Development Code Section 3.6, which includes evaluating whether or not special circumstances and practical difficulty exist in complying with the code standards from which a variance is requested. Staff finds that special circumstances exist and practical difficulty mayresult from strict compliance with Code standards. The Estes Valley `D, evelopment Code (EVDC) requires that service station, car wash, and quick lubrication service uses be located a minimum of one hundred feet from the boundary of a residential zoning district. The setback requirement for this use is significantly larger than typically required between commercial and residential uses. For any other commercial use, the setback would be 15 or 25 feet, depending on zoning. The R-zoned property in question is an outlot of the Stanley Hills subdivision and contains postal cluster boxes and a driveway leading to the boxes. This outlot is available for future roadway if a deed of dedication from the Stanley Hills Subdivision HOA was submitted. The closest single-family lot to the proposed service station and car wash is approximately 135 feet away, with the closest house being about 370 feet away. The setback is intended for a buffer between a service station, car wash, and/or quick lubrication service use and a residential use, but in this case the buffer will never serve its intended purpose. To layer on this increased setback adds a further and significant development constraint to the property. RECORD OF PwV,_' tFLDINGS Estes Valley Bowe"' of Adjustment July 7, 2009 In determining practical difficulty, Planner Chi cott stated the 100-foot required setback would provide a buffer against a lot that in thL future could become a portion of the Steamer Drive right-of-way. She also slated the essential character of the neighborhood will not be substantially altered and adjoining properties will not suffer a substantial detriment if the variance is granted. Staff has received several letters from the public with strong opinions for and against the proposal. Staff has determined the applicant cannot build as proposed without the requested variance. The variance would not reduce the size of the lot; and, if granted, represents the least deviation from the regulations that will afford relief. Member Newsom questioned why staff recommended the variance be valid for three years, rather than the typical one-year time period. Planner Chilcott stated staff recommended this because Safeway does not plan on constructing the car wash immediately, if at all. A three-year period gives Safeway a longer timeframe in which to construct the car wash without reapplying to the Board of Adjustment. Public Comment: Jeff Fergot/Corporate Architect representing Safeway stated Safeway wants make sure they have the entitlement in place for the car wash so they can construct it in the future if there is a need or desire for it. He stated Safeway typically finds the highest demand for car washes is during the winter months, which are Estes Park's slowest months. Safeway would like to evaluate the need for the car wash after the gas station is constructed. If built, the car wash will be a closed system with water reclamation. Leslie Peng/Discovery Lodge owner has concerns about the effect on the water supply for the Discovery Lodge fish pond. This water supply runs underground through the stables property. Director Joseph stated this concern is valid and Community Development will try to address the issue during the staff development plan review. Greg Wheeler/Stanley Village has had positive experiences working with Safeway fueling stations at other shopping centers. He believes Estes Park would benefit from this facility. Member Newsom has a concern about canopy lighting. Director Joseph stated this concern will be addressed in the development plan review. There is an illumination plan for this project. It was moved and seconded (Newsom/Sager) to APPROVE the request for a variance from EVDC §5.1.0.4.a to allow construction of a fueling facility and car wash within 100 feet of the property boundary of a residential zoning district, with the following conditions: CONDITIONAL TO: 1. Approval of Safeway's development plan application #09-05. 2. Failure to apply for a building permit and commence construction or action with regard to the variance approval within three years of final development plan approval shall automatically render the decision of the Board of Adjustment null and void. 3. Exterior lighting under the canopy will be completely recessed. The motion passed unanimously. 4. REPORTS There being no further business, Chair Levine adjourned the meeting at 9:30 a.m. Chuck Levine, Chair Karen Thompson, Recording Secretary 1209 Manford Avenue Height Variance Request Estes Park Community Development Department Town Hall Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com I. PROJECT DESCRIPTION/BACKGROUND DATE OF BOA MEETING: August 4, 2009 LOCATION: The site is located at 1209 Manford Avenue, within the Town of Estes Park. Legal Description: metes and bounds parcel. APPLICANT/PROPERTY OWNER: Roger M. Thorp, Thorp Associates P.C., Architects and Planners/Town of Estes Park STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: The applicant has submitted a special review/location and extent application for Planning Commission and Town Board review to replace the grandstands at the Stanley Park Fairgrounds. The applicant has also submitted a height variance application for Board of Adjustment review, requesting that the ventilating cupolas on the grandstand exceed the maximum allowable height by four feet four inches. The main roof of the building will comply with the maximum allowable height. ▪ 14.1161* al FM oft w▪ r1 ar mom sowaftrYw we Odiei .hlk,_ ' "eRriiau ce. Cupolas Circled on North and West Elevations L',�hu��!�il %u irr�M�t uiiViVl IIll , �wa(rECTu w witteiPC. t OPT poillet0 talip 411r! C:"'x 'n$r ip pP) u r, Specifically, the applicant requests a variance to Estes Valley Development Code Section 1.9.E. Height, which establishes a maximum height limit of thirty feet from existing grade (prior to site -specific slope adjustment). Board of Adjustment members have received Development Plan Sheets 1, 2, 3, and 5 of 5 for review. Sheet 4 of 5 is a utility plan that is not relevant to the height variance request. II. SITE DATA AND MAPS Number of Lots/Parcels Parcel Number(s) One 25304-05-943 Lot Size Zoning Existing Land Use Proposed Land Use SERVICES Water Sewer Fire Protection Electric Telephone 7.555 acres per Development Plan Sheet 1 of 5 CO -Outlying Commercial 329,100 square feet Entertainment Event, Major (Stanley Park Fairgrounds) Same Town of Estes Park Upper Thompson Sanitation District and Estes Park Sanitation District Town of Estes Park Town of Estes Park Qwest Page #2 Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) 5 of 5 s with Ad'acent Land Uses and 2onin ''I� LIIIII YIII " �d f id1i11P1111� Location Ma dwlPI�NIIi�IoIN!1!il�,''l'^ illtri3usPau or • cIatilt alion jl {1:1e 'rlist-ict} loom °���"��IIIIIIIIII IIIIII'I� 1111 III II �Iljl'ill�' IyNllllll 00 o II iII Page #3 - Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) tmti1,j,d,1i� 111111L111,111111,11111111111 fey III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.0 and all other applicable provisions of the Estes Valley Development Code. This variance request does not fall within the parameters of staff -level review and will be reviewed by the Estes Valley Board of Adjustment. IV. REFERRAL COMMENTS This request has been submitted to reviewing agency staff and neighboring property owners for consideration and comment. The following reviewing agency staff and/or neighboring property owners submitted comments. Estes Park Public Works and Utilities Departments See Tracy Feagans' memo dated July 24, 2009. Estes Park Fire Department See Derek Rosenquist's letter to Alison Chilcott dated July 16, 2009. Town Attorney See Greg White's letter to Alison Chilcott dated July 17, 2009. Upper Thompson Sanitation District See Todd Krula's letter to Alison Chilcott dated July 21, 2009. Page #4 --• Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) V. STAFF FINDINGS Staff finds: 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: The special circumstances are related to the unique use of building as a grandstand and the goal noted in the statement of intent to "maintain good visibility of the arena ... for the spectators," while increasing the grandstand seating capacity. 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: Staff finds that there can be a beneficial use of the property without the variance. The existing grandstand can remain. A grandstand complying with the height limit could be constructed. b. Whether the variance is substantial. Staff Finding: The variance is not substantial. The main roof of the grandstand complies with the height limit. 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: The essential character of the neighborhood could be improved as Stanley Park redevelops. The new grandstand is subject to design criteria adopted by the Town and will be an improvement in design over the old grandstand. The cupolas are the only portion of the grandstand for which a variance is requested. These cupolas may have some impact on Page #5 -- Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) views from properties to the south or Stanley Park, such as views from the Lone Tree Village apartments. d Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Granting a height variance for the ventilating cupolas will not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The applicant did not purchase the property with knowledge of the requirement. This property was donated to the Town of Estes Park, the property owner, many years ago. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A building could be designed that complies with the height limit. 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 submitted conditions or circumstances are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation. 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: The variance would not reduce the size of the lot. Page #6 -- Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief: Staff Finding: The variance represents the least deviation from the regulations that will afford relief, i.e. to maintain good visibility of the arena while increasing grandstand capacity. The main roof complies with the height limit. 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 proposed use is permitted by special review in the "CO" Commercial Outlying zoning district. 7. In granting this variance, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards varied or modified. S. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. VI. STAFF RECOMMENDATION Staff recommends APPROVAL of the requested variance with the following condition: 1. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set, and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a height certificate. Page #7 Height Variance Request for 1209 Manford Avenue (Stanley Park Fairgrounds Grandstand) ESTES I1. -, UtiP A R IC COLORADO To: From: Date: Re: Room 100. Town Hall P.O. Box 1200, Estes Park, CO 80517 Alison Chilcott, Bob Goehring, and Scott Zurn, PE Tracy Feagans July 24, 2009 Variance Request -Stanley Park Grandstand Metes & Bounds aat 1209 Manford Ave. Background: The Public Works and Utilities Departments have enclosed progress comments regarding the submittals received to date and remain general as the submittals are not complete and construction drawings for the public improvements have not been submitted. It is important to note that these Departments reserve the right to make additional comments and revise comments as more detail is provided in the subsequent submittals and development plans. Light & Power: We have no comments or concerns. Water: After review of the Variance Request the Water Department has no comments. Public Works: No comments or concems. • Page 1 P.O. Box 568 Estes Park, Colorado 80517 (970)-586-4544 (970) 586-1049 Fax July 21, 2009 Alison Chilcott, Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Variance Request Stanley Park Grandstand Metes & Bounds 1209 Manford Ave. Dear Alison, The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the proposed variance request. If you have any questions or need further assistance, please do not hesitate to contact me. Thank you, /� `„i' Todd Krula Lines Superintendent cc: Roger M. Thorp Thorp Associates, PC PO Box 129 Estes Park, CO 80517 FAX: 970-586-4145 North Park Place 1423 West 29t Street Loveland, Colorado 80538 G E GO Y A. 1TE Attorney at I..aw July 17, 2009 ALISON CHILCO'IT, PLANNER II COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 970/667-5310 Fax 970/667-2527 Re: Board of Adjustment — Variance Request — StanIey Park Grandstand Dear Ms. Chilcott: I have the following comments: 1. Section 31-23-301 (1) C.R.S. provides that the Board of Adjustment may exempt any Town structure from the terms and conditions of the Estes Valley Development Code if satisfactory proof is presented to the Board of Adjustment that the proposed structure is reasonably necessary for the convenience or welfare of the public. This standard is different than the Board of Adjustment standards found in Section 3.6 of the Estes Valley Development Code. If you have any questions, pleas d do not hesitate to give me a call. Gre CC: Thorp Associates, PC/, Roger Fax: 970/586-4145 GAW/ldr Truly Yours, ..,____be ry A. White From. Der"kPoos^quisi Sent: Thursday, �6.20081114AM To: AUsi�ar�C11!InnK noge/0k Subjelut: varian(.:�e requesit for Stanley Park grandstands The Fire Department has no comment on the height variance request. DomkKnxeoquist Training Captain Estes Park Volunteer Fire Department 970'577'3690 1, ^* � To: Bob Goehring From: Mike Mangelsen Date: 7-17-09 Re: Stanley Park Grandstands, Variance Request, 1209 Manford Avenue The Light and Power Department has reviewed the variance request application for the above referenced property and has the following comments: 1.) We have no comments or concerns 1 STANLEY PARK GRANDSTAND 1209 Manford Avenue Estes Park, Colorado 80517 HEIGHT VARIANCE STATEMENT OF INTENT The design of the new Stanley Park Grandstand building involves special functional requirements of seating and visibility to the arena that make it difficult to strictly comply with the Estes Valley Development Code's standard for maximum building height. The original project program, calling for a 3,000 seat grandstand, has been compromised down to just under 2,700 seats in order to minimize this requested height variance. Although the variance is substantial, adding approximately 12% (4'-4") to the official height of the building with the reduction in seating and careful design of the bleacher slope, the roof of the gyiandstand can stay within the 30'-8" height limitation (as determined by the height adjustment brmula in Section 1.9E2 of the Development Code), making the ventilating cupolas at the roof's peak the only element of the design needing a variance. By allowing the main roof of the grandstand to reach the 30'-8" height limit, the design can still maintain good visibility of the arena and scenic mountains beyond for the spectators. Also, the ventilating cupolas, besides providing the very real function of naturally cooling the grandstand on hot summer afternoons, will help the design meet the requirements of the recently adopted Stanley Park Design Criteria, by visually breaking up the 250 foot long roof span and adding elements of architectural interest. The request for a 4'-4" height variance for the Grandstand building, thereby allowing ventilating cupolas, will actually add architectural character to the Stanley Park complex, and is far enough set back from any adjoining property that with the lowering slope of the property's grade there will be no detriment to surrounding properties. The Stanley Park Fairgrounds has had a grandstand in this location since 1947 and all public utilities are presently on location, and the expansion of the facility will not adversely affect these public services in any way. After studying the program requirements and site conditions for the project, no viable alternative to a height variance has been found that would properly meet the functional requirements of the facility and still meet the intent of the Stanley Park Design Criteria. For these reasons, a height variance of 4'-4" is respectfully requested for the Stanley Park Grandstand project. Subdivision: Manfotd Parcel ID # 29304• 05+943 Secti Lot Size Existing Land Use Proposed Land Use Grandstand ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: enerai° Information.' Record Owner(s): Tokn c £ Estee Park �4 35 28EG rEN 1 4 COste ;°2P�-k, CO street Address of Lot: N 5 g Sp PI E pI / egal Description 5 5'�' 2 aR 1137.2 Ft -ru r�i �R L BRAD 640. FT 29 7 FT Tpo0 COLT 17 5 AC M/ L MAN FORD, Ep4' Existing Water Service lotTown r Well r Other (Specify) Proposed Water Service TATown r Well r Other (Specify) Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service Xcel Site Access (if not on public street) Are there wetlands on the site? ✓ EPSD ✓ EPSD ✓ Other Specific variance desired (state development code section # fit 'iI Primary Contact Information Name of Primary Contact Person IR UTSD Ix UTSD r None r Septic r Septic Roger M. Thorp, AIA LEER AP, Architect 586.9528 Mailin• Address PO box 12 Estes Park, CO 80517 Attachments r Application fee (see attached fee schedule) RI Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) TX 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** F 1 reduced copy of the site plan (11" X 17") Names & mailing addresses of neighboring property owners (see attached handout) ** The site plan shall include information in Estes Valley Development Code Appendix b.VIl.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 -a P.O. Box 1200.e. 170 MacGregor Avenue .n Estes Park„ CO 80517 Community Development Department Phone: (970) 577-3721 .. Fax: (970) 586-0249 . www.estesnet.com/ComDev Primary Contact Person is r Owner y Applicant Record Owner(s) Town o f Estes Park Mailing Address PO Box 1200, Estes Park, CO 80517 Phone 970..577_ 37?5 Cell Phone Fax 970.586.024 9 4flW,,t 1" Consultant/EngineN• Email Applicant Roger M. Thorp, AIA, LPED AP, Thorp Associates PC, Arch & Planners Mailing Address PO Box 129, Estes Park, CO 80517 Phone 970.586.9528 Cell Phone 970.679.7811 Fax 970.586.4145 Email ro ger@tho rpa s so c CO DI 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.estesnet.com/ComDev/Schedules&Fees/PlanningApplicationFeeSchedule.pdf. All requests for refunds must be made in writing. All fees are due at the time of submittal. APPLICANT CERTIFICATION ► f hereby certify that the inforn'ration and exhibits herewith submitted are true and correct to the hest 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 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 www.estesnet.com/ComDev/DevCode.) 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. ► I understand that this variance request may be delayed in processing by a month or mor f the information provided is incomplete, inaccurate, or submitted after the deadline date. ► 1 understand that a resubmittal fee will 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. ► 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. ► 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 shall automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT. Town of Estes Park ............................ Applicant PLEASE PRINT. Signatures: Record Owner Applicant APn, Thorp Associates PC Date Date Revised 10/13/06 u r sfirorr, y 1.9 -Rules oa" Merisurelnpilt vwOyir ITrIr-.FI' 90 00IDING SEIBAI MS EQUAL TO FROM TARP 5LIBACX AT CORNER LOTS Figure 1.2 E. Height. 1. Measurement of Maximum Building Height. Height shall be established by a plane measured vertically above the existing natural terrain elevation prior to grading. Height shall be measured as the vertical distance in feet from the original natural terrain within the building footprint to the highest point of the finished roof situated directly above the point of measurement. Small areas of rugged terrain inconsistent with this plane shall not increase or reduce building height. "Smallareas" are those features with a maximum width of twenty-five (25) feet. See Figure 1-3. (Ord. 18-02-#3) HEANIT war FOLLOWS PROF.( OP E=STI G NATORALORIIDE - -� poi _jag FgNoma' OF WILDING TM EXTEN0AWDVE HEIDHT LIMIT EXISTING N ,WUR'L TERRAIN PRIOR TO GRADING CUT IN TERRAIN 19 E BURDBNG HEIGHT EXISTING NATURAL TERRAIN FILL INTEINi 1N PRIOR TO O(IADIIG FILL IN TERRAIN C NIT LSO FOLLOWS PROFILE OP ENSTINO NATURAL TERRAIN • DAMNS TERRAIN tt Figure 1-3 Supp. 4 Genres af Provisions § 1 9 mules of Moasure,ne,?t Measurement of Maximum Building Height on Slopes. The maximum height of buildings on slopes may be adjusted up to a maximum of forty (40) feet using the following calculation (see Figure 1-4). This adjustment requires submittal of a site plan containing the following information: building elevations, roof design, finished floor elevation, and grading plan with existing and proposed contours. M030+[.50(a-b)] where: Mb-Maximum height in feet at any given point above original grade a=Elevation at highest point of natural grade of proposed building location b=Elevation at any given point • • M0 0' Mb 35' —M6 ' I 04.-xlitsagn h4-30.0(2ON 10' Original ground surface Figure 1-4 (Ord. 18-01 #2) 3. Exemptions from Height Standards. a. Residential chimneys to the extent required by the Uniform Building Code; and b. Wireless telecommunications facilities and structures, but only to the extent allowed by the specific provisions set forth in Use Tables 4-1 and 4-4 in Chapter 4 and in §5.1.T of this Code. F. Spacing Requirements. The required minimum space between a proposed use and an existing use or lot shall be measured from the edge of the principal structure housing the proposed use to the closest edge of the principal structure housing the existing use or to the closest lot line. G. Signs. For measurement provisions applicable to outdoor signs and advertising, see Chapter 8 of this Code. (Ord. 18-01 #1, 2, 10/23/01; Ord. 18-02 #3, 12/10/02; Ord. 8-05 #1, 6/14/05) § 1.10 TRANSITIONAL PROVISIONS This Section addresses the applicability of new substantive standards enacted by this Code to activities, actions and other matters that are pending or occurring as of the effective date of this Code. (For definition of "effective date of this Code," see Chapter 13.) Supp. 6 1-8 OD 04 voV.-07r- r... r- ti r- r- N ti N-r F-n I, In r 0 r CO t- r r r r r r r r-xt r r r 0 In . In co 47 4) 4I) 11) to 10 41 In 10 In In L ) p)O+-Q r, OOOrOQN. 0 0 00�000 r a0 CV o0 p, 00 CO CO OD OD CO CD co 0.) 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