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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2009-09-01Prepared: August 25, 2009 Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, September 1, 2009 9:00 a.m. - Board Room, Town Hall 1. PUBLIC COMMENT 2. CONSENT a. Approval of minutes dated August 4, 2009 3. REQUESTS a. Metes and Bounds property located at 189 & 191 E. Riverside Drive OwnerApplicant: Minglewood, LLC, Paul Whyard Request: Variance from Section 1.9.D.2.a. of the EVDC, which requires unobstructed setbacks from the ground to the sky in stream and river corridors. Request is to allow the roof eave to encroach into the 10-foot setback Staff Contact: Alison Chilcott b. Lot 4, Block 2, Fall River Estates, 2180 Blue Spruce Court OwnerApplicant: Kenneth and Patricia Czarnowski Request: Variance to EVDC Section 4.3.C.5, Table 4-2, which requires a 25-foot minimum side -yard setback in the E-1 Estate Zoning district to allow a storage room and deck addition 10 feet from the side property line 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 August 4, 2009, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Chuck Levine, Members John Lynch, Bob McCreary, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair Levine, Members Lynch, McCreery, and Newsom Also Attending: Director Joseph, Planner Alison Chilcott, Planner Dave Shirk, and Recording Secretary Thompson Absent: Member Al Sager Chair Levine called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated July 7, 2009 It was moved and seconded (Newsom/McCreery) to approve the minutes as presented, and the motion passed unanimously. 3. METES & BOUNDS PARCEL LOCATED AT 1209 MANFORD AVENUE - Request for a variance from §1.9.E to allow construction of a new grandstand above the 30-foot height limit. Chair Levine stated that this is a joint project between the Town and Estes Park Urban Renewal Authority (EPURA), since Member Newsom is on the EPURA Board and Chair Levine is on the Town Board they been advised by the Town Attorney to recuse themselves from discussing and voting on this item. Chair Levine noted there is a quorum present and the Board can consider this item. Planner Chilcott reviewed the staff report. The Town of Estes Park and EPURA are working together to replace the grandstands at Stanley Park Fairgrounds. The applicant, Thorp Associates, has also submitted a special review and location/extent review application, which will be reviewed by Planning Commission and Town Board for the replacement of the grandstands. Planner Chilcott stated the application being reviewed today is for a variance from Estes Valley Development Code (EVDC) Section 1.9.E Height which establishes a maximum height limit of thirty (30) feet from existing grade. The request is to allow the ventilating cupolas on the grandstands to exceed the maximum allowable height limit by four feet and four inches. The main roof of the grandstand is proposed to be 30 feet and seven inches in height, which is within the allowable height based on the slope of the land. This property is zoned CO -Commercial Outlying and the proposed use is permitted by special review in this zoning district. Planner Chilcott stated that staff reviewed the variance request for compliance with Estes Valley Development Code Section 3.6.C, 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 may result from strict compliance with Code standards. Planner Chilcott stated the special circumstances are related to the unique use of the building as a grandstand and the goal noted in the statement of intent to "maintain good visibility of the area...for the spectators," while increasing the grandstand seating capacity. Seating capacity will be increased from approximately 2,200 seats to 2,700 seats. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment August 4, 2009 In determining practical) difficulty, Planner Chilcott noted the variance is not substantial, and the main roof of the grandstand complies with the height limits. Staff finds the essential character of the neighborhood could potentially be improved as Stanley Park redevelops, and the new grandstand will be an improvement in design over the old grandstand. The new grandstand will be subject to design criteria adopted by the Town. The cupolas may have some impact of views from properties south of Stanley Park. In general, the properties immediately south of the proposed grandstands are mostly commercial. Staff recommends approval of the variance request with one condition for a height certificate prior to pouring the foundation. Public Comment: Roger Thorp, Applicant stated the current grandstands are approximately 24.5 feet high at the peak. The main opening of the proposed grandstand is about two feet higher than the existing structure. This proposal is subject to architectural design criteria, which establishes minimum roof pitches. In order to maintain a 3/12 pitch and keep the opening high enough that people in the top row can see the arena, the height of the opening had to be raised. This will allow a good view of the arena from all seats, and partial views of the lake. Mr. Thorp stated the cupolas serve a functional need for ventilation as well as visually breaking up the long roof line. It was moved and seconded (McCreery/Lynch) to APPROVE the request for a variance from EVDC §1.9.E Height to allow construction of a new grandstand above the 30-foot height limit with the following condition: 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. The motion passed, with Newsom and Levine abstaining. 4. REPORTS None. There being no further business, Chair Levine adjourned the meeting at 9:16 a.m. Chuck Levine, Chair Karen Thompson, Recording Secretary 189/191 E. Riverside Drive Setback Variance Request Estes Park Community Development Department Town Hall, 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 BOARD OF ADJUSTMENT MEETING DATE: September 1, 2009 LOCATION: The site is located at 189/191 East Riverside Drive, within the Town of Estes Park. The parcel has a metes and bounds legal description. APPLICANT/PROPERTY OWNER: Paul Whyard/Minglewood, LLC STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: The property owner is requesting a variance to construct a portion of a roof eave in a ten -foot river setback established in EVDC §7.6.E.1.a.(3) Stream and River Corridors in the "CD" Downtown Commercial. The portion of the eave for which a variance is requested is shown below. The red dashed line represents the ten -foot river setback. ROOOMELL STREET Eave in 10 Ft. River Setback PrONXIND SW( MRNICK DOT/MOPE ate NOtl1.WWIGBade , IaRITRIN MUMMIES ODOMMUSE% Mf0 RtCT0C4 COIdRT OELGY RTNOYE MT/NG AR 1114q TI EFROY,..' RE'.. BO RCM PLO ovnlic fIRTRYf Specifically, the owner requests a variance to EVDC Section 1.9.D.2.a Stream and River Corridors, which states, Development setbacks shall be measured as the distance between the delineated stream or river corridor, as set forth in §7.6.D.2, and the furthermost projection of a building or structure along a line at right angles to the setback line. Setbacks shall be unobstructed from the ground to the skv except as otherwise specifically allowed in §7.6.D of this Code. See Figure 1-2. II. SITE DATA Number of Lots/Parcels One Parcel Number(s) 35251 21 071 Development Area 0.11 acres per site plan 4,792 square feet Zoning CD- Downtown Commercial Existing Land Use Residential Eating/Drinking Establishment Mountain Munchies Retail (East Riverside Gallery of Glass) Proposed Land Use Residential Eating/Drinking Establishment Mountain Munchies `Tiki' Bar Retail (East Riverside Gallery of Glass) ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North CD -Downtown Commercial Municipal Parking Lot South CD -Downtown Commercial Single -Family Residential East CD -Downtown Commercial Accommodations/High-Intensity (The Lofts) Multi -Family Residential West CD -Downtown Commercial Municipal Parking Lot SERVICES Water Town of Estes Park Sewer Estes Park Sanitation District Fire Protection Town of Estes Park Electric Town of Estes Park Telephone Qwest Page #2 - 189/191 East Riverside Drive Setback Variance Request 0111111111mll@ illol Ily 111,11111111, III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in EVDC 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. Page #3 ,m 189/191 East Riverside Drive Setback Variance Request IV. REFERRAL COMMENTS This request has been submitted to reviewing agency staff and adjacent property owners for consideration and comment. A legal notice was also printed in the Estes Park Trail -Gazette. Reviewing Agency Comment The following reviewing agencies submitted written comments. Town Building Department See Will Birchfield's memo to Alison Chilcott dated August 26, 2009. Town Police Department See Andrew Hart's email to Dave Shirk dated August 18, 2009. Town Public Works and Utilities Departments See Tracy Feagans' memo to Alison Chilcott dated August 21, 2009. Town Fire Department See Derek Rosenquist's email to Alison Chilcott dated August 19, 2009. Town Attorney See Greg White's letter to Alison Chilcott dated August 13, 2009. Upper Thompson Sanitation District See Todd Krula's letter to Alison Chilcott dated August 12, 2009. Public Comment The following correspondence was received. 160 and 164 East Riverside Drive See Lee Lasson's email to Alison Chilcott dated August 26, 2009. 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. Page #4 - 189/191 East Riverside Drive Setback Variance Request Staff Finding: Staff finds that special circumstances exist and practical difficulty may result from strict compliance with Code standards. The following special circumstances exist. a. The lot is much narrower than most CD -Downtown Commercial zoned lots. Ranging in depth from a minimum of fifty-three feet to a maximum of seventy-five feet, this narrow depth combined with the river and front -yard setbacks reduces possible building depth. b. The proposed addition follows the existing building line and will not encroach any further into the river setback than the existing building. The existing first floor eave that encroaches into the river setback will be removed and a new eave constructed. c. One of the purposes of the river setback in the CD zoning district is to provide room for public pedestrian access to Fall River and the Big Thompson River. Public pedestrian access along this section of the Big Thompson River is unlikely due to the proximity of existing buildings to the river. Public pedestrian access to the Big Thompson River is provided on the opposite river bank, next to the Town public parking lot. 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 requested variance. The existing uses can continue. b. Whether the variance is substantial. Staff Finding: Staff finds that the variance request is not substantial. The encroachment will not further reduce pedestrian access to the river or have any further impact on wildlife habitat. The addition to the building will encroach no further into the existing setback than the current building. 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. Page #5 - 189/191 East Riverside Drive Setback Variance Request Staff Finding: Staff finds that the essential character of the neighborhood will not be substantially altered and that adjoining properties will not suffer a substantial detriment. The proposed addition is in keeping with the style of the existing building. Staff has received one comment in opposition to the request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: This application was routed to providers of public services, such as water and sewer. No concerns were expressed about adverse impacts to the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: This standard addresses whether or not the Code requirements changed during current property owners' ownership of the property. For example, did the property owner purchase the property prior to adoption of the required setbacks? This standard is not intended to address whether or not the property owner reviewed Estes Valley Development Code to determine which setbacks are applicable to his/her property. The property owner purchased the property with knowledge of the river setback. Per the Larimer County Tax Assessor records, the owner purchased the property on August 12, 2004, which is after the February 1, 2000 effective date of the Estes Valley Development Code. The applicant has made significant improvements to this property and has received a number of variances in the past to complete these improvements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The roof eave could be eliminated provided this complied with the Building Code. The property owner is concerned about maintenance problems if the eave is eliminated. 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 Page #6 - 189/191 East Riverside Drive Setback Variance Request formulation of a general regulation for such conditions or situations. Staff Finding: The submitted conditions or circumstances affecting the applicant's property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 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. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance, if granted, represents the least deviation from the regulations that will afford relief. 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. 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. Staff Finding: If the Board chooses to approve this variance, staff has recommended conditions of approval. 8. 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 Based on the forgoing, staff recommends APPROVAL of the requested variance with the following conditions: I. Compliance with the application. Page #7 — 189/191 East Riverside Drive Setback Variance Request 2. Compliance with the comments in the Town Public Works and Utilities Department memo dated August 21, 2009. 3. Any code violations shall be addressed to the Code Compliance Officer's satisfaction prior to issuance of a Ietter of completion/certificate of occupancy for the addition. 4. A registered land surveyor shall verify compliance with the variance and provide a stamped and signed setback certificate. Page #8— 189/191 East Riverside Drive Setback Variance Request Town of Estes Park Department of Building Safety MEMORANDUM To: Alison Chilcott, Planner II From: Will Birchfield, Chief Building Official Date: August 26, 2009 Subject: Minglewood, LLC Variance Request 189 & 191 E Riverside The Department of Building Safety has reviewed the application for the Variance Request for the above -referenced property and has no comment at this time. Alison Chilcott From: Dave Shirk Sent: Tuesday, August 18, 2009 10:48 AM To: Alison Chilcott ��j Subject: FW: Czarnowski, Widawski & MingleW od, Attys at Law FYI - From: Andrew Hart Sent: Tuesday, August 18, 2009 10:35 AM To: Dave Shirk Subject: Czarnowski, Widawski & Minglewood, Attys at Law Dave — I have made variance review/BOA hearing site visits to: 1) 2180 Blue Spruce Dr (Czarnowski) No violations observed 2) 205 Park Lane (Widawski) Only violation observed involves a small scattering of mullen (noxious weeds). v3) 189 & 191 E. Riverside Drive (Minglewood, LLC) I spoke with Paul re: outside storage of construction materials beside the buildings. He has some screened storage on the south side of the building that needs to remain screened. I'll confirm if he is in the CD or not, my map is too small to determine this....That will affect his outdoor storability.... He said that he will clean up the exterior of the buildings. Let me know if you have any questions, Andrew Andrew M. Hart Estes Park Police Department (970) 586-4000 ahart@estes.org 1 Alison Chilcott From: Tracy Feagans Sent: Thursday, August 20, 2009 4:19 PM To: Alison Chilcott; Bob Goehring; Scott Zurn Cc: Reuben Bergsten; Jeff Boles; Cliff Tedder; Greg Sievers Subject: Combined comments from Minglewood Variance Request at 189 & 191 E. Riverside Dr. Attachments: combined-Minglewood LLC Variance Request at 189 191 E. Riverside Dr.doc Alison, Please see attached comments from Public Works, L&P and Water departments on the Minglewood Variance Request at 189 & 191 E. Riverside Drive. Tracy Feagans 970-577-3588 Town of Estes Park Public Works d, Utilities Department PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517 tfeacans@estes.orq www.estesnet.com 1 4 ESTES ER c.PARK COLORADO Memo Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 To: Planner Alison Chilcott, Bob Goehring, Jeff Boles, Todd Steichen, Reuben Bergsten, Scott Zurn and Greg Sievers From: Tracy Feagans Date: August 21, 2009 Re: Minglewood, LLC Variance Request 189 & 191 E. Riverside Dr. 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. Water: No Comments. Engineering: 1) The proposed construction includes a staircase to be located within the setback, and within the existing driveway cut. The existing driveway cut was constructed with public money by the Public Works Department during the 2004 roadway reconstruction project. At that time there was parking on -site for the Barber Shop. Due to this new proposal the existing slopes and curb cut are not at appropriate grades and will constitute a pedestrian hazard. Therefore, the curb cut shall be removed and replaced with this project, to safe grades. 2) There is also a drainage easement and culvert under the north side of this building that is not shown. See attached photo. • Page 1 Light & Power: The Light and Power Department has reviewed the Application for the above referenced property to be reviewed by the Estes Valley Board of Adjustment on September 1, 2009, and has the following comments: 1) An increase in required electrical Toad, i.e. appliances and light fixtures, etc. from currently installed service will require resizing of transformers and wiring. This detail has been discussed and agreed upon between the Town of Estes Park and the property owner (Paul Whyard). ( see attached memorandum dated 6-17-09 ) 2) Any relocation or upgrade of existing facilities will be accomplished at the project owners request and expense. 3) Each and every meter socket will need to be permanently marked with the specific address and or unit number prior to hook-up by the utility. Town of Estes Park To: Paul Whyard MEMO From: Todd Steichen Date: 6-17-09 Re: Electric power constraints 189 & 191 East Riverside Dr. BACKGROUND: As stated on the variance request dated 6-13-07 the availability of usable power is marginal in the area. The electric loads cannot exceed the present day services without creating major low voltage problems. It would be expensive for the owner of the project to correct the situation. RECOMMENDATION: As long as the owner is not increasing the size of their current electrical service everything should be ok. The existing transformer & wire sizes are sufficient to supply power to the existing services. If the owner does increase the size of their current services then the owner will be responsible for the upgrading of facilities. Light & Power Department Property Owner gu..9 • Page 2 � ! 1111111:111ul ; \. ,,-444.."1141‘4114,1,11111111 ƒ Alison Chilcott From: Derek Rosenquist Sent: Wednesday, August 19, 2009 10:39 AM To: Alison Chilcott; minglewood@q.com Subject: variance request 3063 riverside No comment from the Fire Department Derek Rosenquist Training Captain Estes Park Volunteer Fire Department 970-577-3690 t North Park Place 1423 West 29th Street Loveland, Colorado 80538 GREGORY A. WHITE Attorney at Law August 13, 2009 ALISON CHILCOTT, PLANNER II COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Variance Request — Minglewood, LLC Dear Ms. Chilcott: I have no comment. If you have any questions, please do not hesitate to give me a call. ery ruly Yours, Grego] A. White GAW/Idr CC: Paul Whyard P O Box 1872 Estes Park, CO 80517 970/667-5310 Fax 970/667-2527 P.O. Box 568 Estes Park, Colorado 80517 (970)-586-4544 (970) 586-1049 Fax August 12, 2009 Alison Chilcptt, Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Variance Request Minglewood, LLC Metes & Bounds, 3063-Riverside 189 & 191 E. Riverside Drive Dear Alison, AUG 1 8 2009 i -- i 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, 724-- Lines Superintendent cc: Paul Whyard PO Box 1872 Estes Park, CO 80517 Alison Chilcott From: Lee Lesson flee®on-line.com] Sent: Wednesday, August 26, 2009 5:01 PM To: Alison Chilcott Subject: 189 & 191 E. Riverside Dr, Hi Allison, I have property across the street from the Minglewood LLC on East Riverside. I see on the Website, Staff Report and Comments are to be posted today. Has the comment period ended? If not, I'm against the variance and that is my comment. Thank you, Lee Lasson 164 and 160 East Riverside Dr. Estes Park, CO 80517 970-586-4760 This transmission, including any attachments, may contain information that is privileged, confidential and/or exempt from disclosure under law. If you are not the intended recipient, any disclosure, copying, distribution or use of the information in this message, including any reliance thereon by you or any other third person, is prohibited. If you have received this message in error, please immediately contact the sender and destroy this message in both electronic and any hard copy formats. y EVDC Chapter 1. section 9, D. 2. Development Setbacks from River and Stream Corridors and Wetlan a. Stream and River Corridors. Development setbacks shall be measured as the distance between the delineated stream or river corridor, as set forth in §7.6.D.2, and the furthermost projection of a building or structure along a line at right angles to the setback line. Setbacks shall be unobstructed from the ground to the skv except as otherwise specifically allowed in 47.6.D of this Code. See Fioure 1-2. While the typical setback requirements allow for the eaves to project into the setback, the river corridor does not provide an exception for eaves. It is the architect's recommendation that the roof needs eaves for structural continuity and water disbursement. The current design utilizes the existing building imprint and carries it to the second level. The roof structure will mirror the existing building imprint and eaves. The current building was constructed in 1978, and has eaves in the river setback. The new building will be the same intrusion as currently exists, except it will be 10' higher. 12 BOVE!) The granting of a variance to the unobstructed setback of 10' for this project would acknowledge: 1 That the current building already has eaves in the setback, 2 The new second floor must be built on the existing building footprint, 3 The architects' recommendation regarding the necessity of the eaves, 4 The eaves extend into the setback for a 10' length, starting at the SW comer, 5 The eaves will be 20' above the ground 6 This variance will not create a precedent as we are seeking remediation of an existing intrusion into the setback vertical plane We have changed the look of this comer significantly since purchasing the property in September, 2004. This project will continue that level of improvement, and allow us to open our third business in Estes Park. We anticipate that our new venture will significantly increase our sales revenue and sales tax collected in all three businesses. As always, we will remain committed to building a future landmark of Estes Park, on a comer that just five years ago was a single family dwelling. Thank you for your time and consideration in this matter. Sincerely, Paul C. Whyard 577-9883 July 16, 2009 h 00 Ili II G GV II Submittal Date: .Deneral Information R .t.. • er(s): n'1 Street Address of Lot: /j ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION A latoeuv.2 IJ JUL 1 T 2009 % I Legal Description Lot: Block: Subdivision: O 3 IU !� C Parcel ID # 3 5 1i l-C71 Section ,=v'vr Township S f Site Information lv 11 11 11 GI IU i,i!',LV Lot Size Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service vs Tract: Zoning QS Ran r?1 c I blown r"" Town 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? Valiance `'ri V5 E- r Well r Other (Specify) """ Well I""" Other (Specify) Re EPSD r EPSD r Other 'not- Aicact r UTSD r Septic UTSD r Septic r None r Yes Pn No Specific variance desired (state development code section #.: . Co Primary Contact InformatFon C_-e>ilia-1 ipo Name Mailin ProAddress Contact Zs'?� L � me,f1Z f Primary IeK r Application fee (see attached fee schedule) j' statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) 1 copy (folded) of site plan (drawn at a scale of 1" = 20') `* r 1 reduced copy of the site plan (11" X 17") Ire -Names & mailing addresses of neighboring property owners (see attached handout) *" The site plan shall include information in Estes Valley Development Code Appendix B.VII.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 -a4 P.O. Box 1200 .e. 170 MacGregor Avenue ...Estes Park, CO 80517 Community Development Department Phone: I970) 577-3721 Fax: (970) 586-0249 -B. www.estesnet.com/ComDev Co tact �11 011� Bilon Primary Contact Person is Owner IX, Applicant Consultant/Engineer Record Owner(s) + Y \. k In Mailing Address Phone CeII Phone Fax Email Applicant Mailing Address ,.,..�. 1 4(7Z w' CO Phone CeII Phone Fax Email Q woo t7 �"° _coC r� LLc — qcite 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.comlComDevlSchedules&Fees/PlanningApplicationFeeSchedule.pdf. All requests for refunds must be made in writing. All fees are due at the time of submittal. APPLICANT CERTIFICATION ► 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 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/ComDevIDevCode.) ► 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 more if the information provided is incomplete, inaccurate, or submitted after the deadline date. • I 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 comers of my property and the proposed building/structure comers 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. O. 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: 1V `^ C Y7Y�� Applicant PLEASE PRINT: Signatures: Record Owner Applicant Cc Date Date Revised 10/13106 General Provisions § 1.9 Rules of Measurement angles to the setback line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this Section. See Figure 1-2. b. Features Allowed Within Building Setbacks: (1) Cornices, canopies, eaves or other similar architectural features, provided they extend no more than three (3) feet into a required setback or yard; (2) Driveways and sidewalks, provided that the edge of a driveway shall be set back at least three (3) feet from an adjacent property Tine unless owners of abutting properties agree in writing that the edge may be closer to or abut their common property line; (3) Fences or walls subject to height and other restrictions set forth in this Code; (4) Patios and decks, uncovered and at -grade, provided they do not extend more than thirty percent (30%) of the required setback distance to any required setback. See Figure 1-2; (5) Steps to the principal entrance and necessary landings, together with railings, that comply with the Uniform Building Code, provided they do not extend more than six (6) feet into the required setback; (6) Landscaping; (7) Trees, vegetation or other features of natural growth; and (8) Utility lines, wires and associated structures within a utility easement. (9) Signs that comply with applicable sign regulations. (Ord. 8-05 #1) (10) Postal boxes. (Ord. 8-05 #1) (11) Parking lots that comply with landscaping standards set forth in §7.5.G, "Parking Lot Landscaping." (Ord. 8.05 #1) c. Front Setbacks on Comer Lots and Double -Frontage Lots: For corner lots and double -frontage Tots, all sides of the lot with street frontage shall be required to establish the applicable front yard setback. See Figure 1-2. (Ord. 8-05 #1) d. Intersection and driveway sight visibility: Intersection and driveway sight visibility shall comply with the requirements of Appendix D, Section IV.0 (Intersection and Driveway Visibility). (Ord. 18-01 #1) 2. Development Setbacks from River and Stream Corridors and Wetlands. a. Stream and River Corridors. Development setbacks shall be measured as the distance between the delineated stream or river corridor, as set forth in §7.6.D.2, and the furthermost projection of a building or structure along a line at right angles to the setback line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in §7.6.D of this Code. See Figure 1-2. b. Wetlands. Development setbacks shall be measured as the distance between the delineated wetland edge, as set forth in §7.6.D.3, and the furthermost projection of a building or structure along a line at right angles to the setback line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in §7.6.D of this Code. See Figure 1-2. ,Si pp. 6 1 Minglewood, LLC Variance 0 ~ \ \ Q Q \ 0 n G m m o in m# ®o ®oG 0 0 0 03 0 o m® 00 0 rI 0 0 m 2 0 u$ m § S 00 E- E E® z 5 m 0 5 4L) — - - 0 . < , CO r% k% 1 2 c W( i I a ± V) Q_ $$( f/\§$ E 6 Q k d 0 0 u 9 uj w 0 3 0 m 3 to e J § 0 § 0 PO Box 1200 Town of Estes Park 1067 S Race St Roberta Shaklee PO Box 1878 k m 0 o_ PO Box 4457 § k c te x D.0 w _ 2 co # % 0 d CL ( § W V) —I 0 PO Box 1736 - \ E 2 < > C k -216 .o q R 0 § v co # m in - CC § S $ 0 G Cr rq ena � m NBL Land Trust Lisa Von Bargen Kenneth Schwarz Minglewood, LLC Variance ROCKWELL STREET SIDEWALK ACROSS EXISTING BRIDGE SIDEWALK EAVES ALLOWED IN SETBACK PER EVDC; PROTECTION NOT REQD DUE TO LOCATION ON PROPERTY REUSE EXISTING GUTTER NEW METAL ROOF --- REMOVE UNUSED, CAPPED ELECTRICAL - CONDUIT BELOW REMOVE EXISTING AIR INTAKE THROUGH ROOF; - RE: 2ND FLOOR PLAN 1/A4.1 .11 ACRES REUSE EXISTING GUTTER & DOWNSPOUT, REPLACING TOP OF DOWNSPOUT; _ PROVIDE APPROVED FILTERING SYSTEM FOR RUNOFF REMODEVADDMON EXISTING TO REMAIN UNCHANGED --s---- 1-f 1..N63"4740"W GRASS PROPOSED ONE STORY BAR ABOVE EXISTING ONE STORY BLOCK BUILDING BELOW: MOUNTAIN MUNCHIES -ss- 3" NOMINAL WDSDDECISING GUARDRAIL AT OUTDOOR SEATING NOT SHOWN 2/A4.1 4_ D(ISTING 2 STORY RESIDENTIAL ADDITION ABOVE EXISTING GALLERY DECK BELOW Site/Roof Plan 11 MONIZINIMEREEZIONEIMMEA 1 /8" = 1 '-0" MIN. SETBAC V 1/A4.1 PROVIDE MECHANICAL EQUIPMENT -GUARD, 42" TALL, <21" SPACING PER IMC 304.10; RE: ELEVATIONS STEPS TO PRINCIPAL ENTRANCE AND NECESSARY LANDINGS TOGETHER WITH RAILINGS PERMITTED 6INTO REQUIRED SETBACK PER EVDC 1.9.D.1.6.5 EXISTING GREASE TRAP 4" LINE (EXISTING) 3/4" LINE (EXISTING) _ HOOD EXHAUST FAN RELOCATED TO NEW ROOF CRICKET ..„_ MOVE SATELLITE DISH TO NEW ROOF FURNACE AND WATER HEATER FLUES REUSE EXISTING GUTTER & - DOWNSPOUT, REPLACING TOP OF DOWNSPOUT CURB BELOW EXISTING LANDING; GUARDRAIL NOT SHOWN EXISTING ROOF AT ENTRY BELOW -- EXISTING UTILITIES _ EXISTING SIDEWALK EAST RIVERSIDE DRIVE EXISTING GAS LINE EXISTING SANITARY SEWER EXISTING WATER LINE EXISTING OVERHEAD POWER DUMBWAITER LOCATION; VFY DIMS WITH UNIT SELECTED CLG REGISTER, TYP OF 4 REROUTE EXISTING FURNACE COMBUSTION AIR INTAKE - THROUGH EXTERIOR WALL 2/A4.01 ENSURE 2 HR INFILL AT OPENING BETWEEN OCCUPANCIES; RE: 6/A4.0 ALTERNATE 1/A4.1• 2 HR FIRE BARRIER (OCCUPANCY SEPARATION) 1 HR SHAFT: 5/8" TYPE'X' GYP BOARD CONTINUOUS ON INTERIOR AND EXTERIOR OF SHAFT WALLS FROM LOWER FLOOR TO 1 HOUR RATED CEILING OF SHAFT; RE: 4/A4.0 0 0 18" x 18", 1 1/2 HOUR SELF CLOSING DOOR; BASE SPEC: MIDLAND CHUTES DOOR & SLEEVE W/ ADA HANDLE EXISTING M 1st Floor Plan 1 /8" = 1 '-0" EXISTING AWNING ABOVE GAS REGULATOR ---- - LOCATION TO REMAIN REMOVE EXISTING ROOF SUPPORT & BEAM ABOVE ♦ 2/A4.0 EXTENT OF NFPA 13D SPRINKLER SYSTEM; STORAGE TANKS IN CRAWL SPACE BELOW • 1/A4.1 ENSURE 2 HR WALL IN FIELD (BLOCK DENSITY MUST MEET IBC REQUIREMENTS) ENSURE 2 HR INFILL - AT OPENING BETWEEN OCCUPANCIES JA4.1 1 WALL TYPES (PLAN) 1 1 HR EXTERIOR WALL 2 1 HR INTERIOR WALL 3 NON -RATED INTERIOR WALI 4 2 HR WALL/INFILL EQUIPMENT SCHEDULE A 41K WORKSTATION (KROWNE METAL KR21-W48L-E3 B 3 COMPARTMENT SINK (KROWNE MFTAI 18-010 C FII LER(KR0WNE 1800 OR MOO SpRIFK4 D 30" MINTER W/ 1 DOOR REF BELOW E 69" STORAGECOOLFR (ZESCO 735dr098) F ICE MAKER (ICE 0-MATIC ICEU 300) 8' WALLS; PROVIDE CONTINUOUS RATED SHAFT WALL BEFORE INSTALLING LOW WALL RILL HEIGHT WALLS, THIS QIASE ONLY; RE: SECTIONS HAND SINK; PROVIDE SOAP & INDIVIDUAL PAPER TOWELS RELOCATE & WIND TING WATER HEATER FLUE; RE: SECTIONS 48' TALL COUNTER 2/A4.0A HAND SINK; PROVIDE ,........ SOAP & INDMDUAL PAPER TOWELS 747 TEMPERED WINDOW REMOVE EXISTING FURNACE AIR INTAKE THROUGH ROOF; RE. 1ST FLOOR P158 REROUTE EXISTING FURNACE & HOT WATER HEATER COMBINED FLUE ,, THROUGH FLOOR TO EXTERIOR WALL, RE: RESIDENTIAL SECTION 1/A4.1 Ye EXISTING WALLS BELOW TO BE BEARING ^^^^ WALLS FOR DECK ROOK DECK RAILING +. NEW EXISTING fly r 2 9 / 1.5%(INSULATION) 4/- 1% (PAVERS) / / m/6 PROVIDE WALL MOUNT FIRE NGUISHER RE: CODE STUDY:FOR AISLE WIDTH REQUIREMENTS, VERDI( WITH FURNITURE SE}ECtED 01170009 SEATING 6 SEAT'S \` SHOWN / PROPOSED DECK ': "VE 1 5% (INSULATION I EXISTING ONE STORY ♦/- 1% (PAVERS - BLOCK RESIDENCE BELOW WALLS ALIGN WITH / WALLS BELOW /. FLOOR DRAM; PROVIDE CLEANCUT & P-TRAP AS REQ'D; TYP OF4 VERIFY DIMS FOR CHASE IN FIELD EXHAUST DUCT, RE: LONGITUDINAL SECTION: PROVIDE 1 HOUR FIRE RESISTIVE WRAP AROUND GREASE DUCT PER IMC 506.3.10 FROM CEILING BELOW TO ROOF ABOVE NEW EXISTING 2nd Floor Tiki Bar' Plan 2711uuuii1i1MErmiENMEMINSIIIMEiMME NEMERMA 1 /4" = 1 '-0" BAR: 510 SF DECK: 12005F TOTAL: 17105F A 2/A4.0 11" TREAD, TYP 1'-0" HANDRAIL EXTENSION PAST TOP & BOTTOM RISER, TYP RUN 0.00R SHEATHING ABOVE AND RATED DRYWALL. .••••.. CEILING BELOW ACROSS CHASE; CUT HOLES FOR DUCTWORK & PROTECT WITH FIRESTOPS RELOCATE & EXTEND EXISTING --. FURNACE COMBUSTION AIR FLUE; RE: SECTIONS ALIGN PAVERS TO DECK SLOPE ....... B' TALL BATHROOM WALLS WINDOW ABOVE, IYP; RE: ELEVATIONS • 1/A4.1 GC OPTION: 1 HOUR NON -BEARING WALL OR PROVIDE CONTINUOUSLY RATED WALLS BEFORE INSTALLING ,•....INTERIOR NON -RATED WALLS, TYP WHERE INTERIOR WALLS CONNECT WITH E7QERIOR WALLS REMOVE EXISTING RAIL -^--& HANDRAIL FOR NEW DGT ACCESS GATE, MIN.. 32" CLEAR RELOCATE EXISTING BATH EXHAUST DUCT & PLUMBING VENT WALL TYPES (PLAN) 1 HR EXTERIOR WALL 1 HR INTERIOR WALL 3 NON -RATED INTERIOR WALL 5 North Elevation E 8 "Z7777777777: South Elevation 2 E '7? FM2180 Blue Spruce Court Setback Variance Request Estes Park Community Development Department Town Hall, 170 MacGregor Avenue PO Box 1200 IiimmommiII Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com I. PROJECT DESCRIPTION/BACKGROUND BOARD OF ADJUSTMENT MEETING DATE: September 1, 2009 LOCATION: The site is located at 2180 Blue Spruce Court, within the Town of Estes Park. The lot's legal description is Lot 4, Block 2, Fall River Estates. APPLICANT/PROPERTY OWNERS: Kenneth and Patricia Czarnowski/Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: As described in the statement of intent, the property owners are requesting a variance to construct an "attached 10 foot by 22 foot walk -out all concrete, fire resistant storage room addition to the west side of [the] garage. The flat roof would also be utilized as a deck." Specifically, the owner requests a variance to Estes Valley Development Code Section Table 4-2, which establishes twenty -five-foot setbacks from all property lines in the E-1--Estate zoning district, in order to construct an addition ten feet from the property line. II. SITE DATA Number of Lots/Parcels One Parcel Number(s) 35222-06-004 Lot Size 0.46 acres 20,038 square feet per Tax Assessor records Zoning E-1 •Estale Existing Land Use Single -Family Residential Proposed Land Use Single -Family Residential SERVICES Water Sewer Fire Protection Town of Estes Park Upper Thompson Sanitation District Town of Estes Park Electric Town of Estes Park LOCATION MAP Qwest h Aspen IuYeS r Ct t" ADJACENT LAND USES AND ZONING E-1 Estate Iff)) Page #2 2180 Blue Spruce Court Setback Variance Request 'Accommodations y n�Jle-Family Homes ndeveloped S iFi:IL III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in EVDC 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 adjacent property owners for consideration and comment. A legal notice was also printed in the Estes Park Trail -Gazette. Reviewing Agency Comment The following reviewing agencies submitted written comments. Town Building Department See Will Birchfield's memo to Alison Chilcott dated August 26, 2009. Town Police Department See Andrew Hart's email to Dave Shirk dated August 18, 2009. Town Public Works and Utilities Departments See Tracy Feagans' memo to Alison Chilcott dated August 21, 2009. Town Fire Department See Derek Rosenquist's email to Alison Chilcott dated August 19, 2009. Page #3 2180 Blue Spruce Court Setback Variance Request Town Attorney See Greg White's letter to Alison Chilcott dated August 13, 2009. Upper Thompson Sanitation District See Todd Krula's letter to Alison Chilcott dated August 12, 2009. Public Comment The following members of the public submitted written comments. Fall River Estates Homeowners' Association Architectural Control Committee See the Committee's memo to the Estes Valley Board of Adjustment dated July 18, 2009. 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: Staff finds that special circumstances exist and practical difficulty may result from strict compliance with Code standards. The following special circumstances exist. a. At 0.46 acres this lot is undersized for the E-1 Estate zoning district. The E-1 Estate zoning district has a minimum lot size of one acre for new lots. This lot is closer in size to new lots in the E-Estate zoning district, which has a minimum lot size of one half acre for new lots and a side -yard setback of ten feet rather than twenty-five feet. b. The house was constructed in 1977, prior to the adoption of the EVDC. Portions of the existing house are within the twenty-five foot side -yard setback. c. A drainage swale runs through the property as shown below and drainage is routed around the eastern side of the house. An addition Page #4 2180 Blue Spruce Court Setback Variance Request on the eastern side of the house would comply with the setbacks, but would be located in the drainage swale. 9!i11MpmiJII'' 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 requested variance. The existing house could continue to be used. b. Whether the variance is substantial. Staff Finding: Staff finds that the variance request is not substantial. This lot is 0.46 acres, which is comparable to lot sizes in the E- Estate zoning district. If this lot were zoned E-Estate, the Page #5 2180 Blue Spruce Court Setback Variance Request side -yard setback would be ten feet rather than twenty-five feet and the proposed addition would comply with the 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 finds that the essential character of the neighborhood would not be substantially altered and that adjoining properties would not suffer a substantial detriment. Staff has received a letter of support from the Fall River Estates Architectural Control Committee. This letter noted that "A detached structure would not conform to the Associations' covenants and would be opposed by this Committee." A detached structure would have more impact on the character of the neighborhood and would result in more land disturbance. Staff has not received any written correspondence expressing opposition to the request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: This application was routed to providers of public services, such as water and sewer. No concerns were expressed about adverse impacts to the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: This standard addresses whether or not the Code requirements changed during current property owners' ownership of the property. For example, did the property owner purchase the property prior to adoption of the required setbacks? This standard is not intended to address whether or not the property owner reviewed Estes Valley Development Code to determine which setbacks are applicable to his/her property. The property owner purchased the property with knowledge of the twenty -five-foot setback. Per the Larimer County Tax Assessor records, the owner purchased the property in 1991. In 1991 the property was zoned E-Estate, which required the same twenty-five foot side -yard setback. Page #6 _ 2180 Blue Spruce Court Setback Variance Request f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The statement of intent describes other options and the problems with those options. 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 affecting the applicant's property are not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 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. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance, if granted, represents the least deviation from the regulations that will afford relief. 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. 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. Staff Finding: If the Board chooses to approve this variance, staff has recommended conditions of approval. 8. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by Page #7 2180 Blue Spruce Court Setback Variance Request reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. VI. STAFF RECOMMENDATION Based on the forgoing, staff recommends APPROVAL of the requested variance with the following conditions: 1. Compliance with the application. 2. Compliance with the comments in the Town Public Works and Utilities Department memo dated August 21, 2009. 3. 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 stamped and signed setback certificate. 4. A detailed grading and drainage plan shall be submitted for staff review and approval with the building permit application. Page #8 218U Blue Spruce Court Setback Variance Request Town of Estes Park Department of Building Safety MEMORANDUM To: Alison Chilcott, Planner II From: Will Birchfield, Chief Building Official Date: August 26, 2009 Subject: Czarnowski Variance Request 2180 Blue Spruce Drive The Department of Building Safety has reviewed the application for the Variance Request for the above -referenced property and has no comment at this time. Alison Chilcott From: Dave Shirk Sent: Tuesday, August 18, 2009 10:48 AM To: Alison Chilcott Subject: FW: Czarnowski, Widawski & Minglewood, Attys at Law FYI - From: Andrew Hart Sent: Tuesday, August 18, 2009 10:35 AM To: Dave Shirk Subject: Czarnowski, Widawski & Minglewood, Attys at Law Dave -- I have made variance review/BOA hearing site visits to: 1) 2180 Blue Spruce Dr (Czarnowski) No violations observed 2) 205 Park Lane (Widawski) Only violation observed involves a small scattering of mullen (noxious weeds). 3) 189 & 191 E. Riverside Drive (Minglewood, LLC) I spoke with Paul re: outside storage of construction materials beside the buildings. He has some screened storage on the south side of the building that needs to remain screened. I'll confirm if he is in the CD or not, my map is too small to determine this....That will affect his outdoor storability.... He said that he will clean up the exterior of the buildings. Let me know if you have any questions, Andrew Andrew M, Hart Estes Park Police Department (970) 586-4000 ahart@estes.orq Alison Chilcott From: Tracy Feagans Sent: Friday, August 21, 2009 9:48 AM To: Alison Chilcott; Bob Goehring; Scott Zurn Cc: Todd Steichen; Reuben Bergsten; Jeff Boles; Cliff Tedder; Greg Sievers; Barbara Boyer Buck Subject: RE: Combined comments on the Variance request from Czarnowski residence at 2180 Blue Spruce Ct. Attachments: combined-Czarnowski Residence Variance Request at 2180 Blue Spruce Ct.doc Attached memo has logo location corrected. From: Tracy Feagans Sent: Friday, August 21, 2009 9:40 AM To: Alison Chilcott; Bob Goehring; Scott Zurn Cc: Todd Steichen; Reuben Bergsten; Jeff Boles; Cliff Tedder; Greg Sievers; Barbara Boyer Buck Subject: Combined comments on the Variance request from Czarnowski residence at 2180 Blue Spruce Ct. Alison, Please see attached comments from Public Works, L&P and Water departments on the Czarnowski residence at 2180 Blue Spruce Ct. Tracy Feagans 970-577-3588 Town of Estes Park Public Works & Utilities Department PO Box 1200 170 MacGregor Avenue Estes Park, CO 80517 tfeagans®estes.orq www,estesnet.com 11 ESTES '"1100'4P A R K COLORADO Memo Fown of Estes Public Works tiliti Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 To: Planner Alison Chilcott, Bob Goehring, Jeff Boles, Todd Steichen, Reuben Bergsten, Scott Zurn and Greg Sievers From: Tracy Feagans Date: August 21, 2009 Re: Czamowski Residence Variance Request at 2180 Blue Spruce Court 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. Engineering: 1) Care should be taken in the placement of this addition to avoid any inadvertent disruption of the natural storm drain flow. 2) Provide positive drainage around the proposed work to prevent any future storm water damage. Light & Power: The Light and Power Department has reviewed the above referenced variance request to be reviewed by the Estes Valley Board of Adjustment on September 1, 2009, and has the following comments: 1) Town of Estes Park, Light and Power have no concerns as to the variance request. 2) Future electrical service to this 10 ft. by 22 ft storage room addition must be permitted through the state electrical department at (970) 577-3589. Water: No Comments Alison Chilcott From: Derek Rosenquist Sent: Wednesday, August 19, 2009 10:40 AM To: Alison Chi!cott; kenczarnowski@hotmail.com Subject: Variance request 2189 Blue Spruce Ct No comment from the Fire Department Derek Rosenquist Training Captain Estes Park Volunteer Fire Department 970-577-3690 GREGORY A. WHITE Attorney at Law North Park Place 1423 West 29th Street Loveland, Colorado 80538 970/667-5310 Fax 970/667-2527 August 13, 2009 ALISON CHILCOTT, PLANNER II COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Board of Adjustment - Czarnowski Residence Dear Ms. Chilcott: I have reviewed the application including the Statement of Intent and Site Plan for the Variance Request for the Czamowski Residence to be reviewed by the Estes Valley Board of Adjustment. I have the following comment: 1. Review of the Site Plan shows that certain portions of the current residence and the existing deck are already located within the 25 foot setback. Approval of this Variance Request shall contain a provision that the approval of the Variance does not affect the current non conformity of the structure. I assume that the non -conformity of the structure occurred when the property was rezoned in the adoption in 2000 of the Estes Valley Development Code. If you have any questions, please do not hesitate to give me a call. Greg GAW/ldr cc: Kenneth J & Patricia T Czarnows 2180 Blue Spruce Ct Estes Park, CO 80517 ruly Yours, A. White P.Q. Box 568 Estes Park, Colorado 80517 (970)-586-4544 (970) 586-1049 Fax August 12, 2009 Alison Chilcott, Planner II Town of Estes Park F.O. Box 1200 Estes Park, CO 80517 Re: Variance Request Czamowski Residence Lot 4, Block 2, Fall River Estates 2180 Blue Spruce Ct. 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, ielori-- Todd Krula Lines Superintendent cc: Kenneth J. & Patricia T. Czarnowski 2180 Blue Spruce Ct. Estes Park, CO 80517 July 18, 2009 D ECEOVED JUL 2 0 L009 Memorandum To: Estes Valley Board of Adjustment From: Fall River Estates Homeowners Association Architectural Control Committee Subject: Request for Variance at 2180 Blue Spruce Court We have reviewed the site plan and request for a variance prep by the owners of the house located at 2180 Blue Spruce Court. The plans as submitted would not conflict with any of the covenants of the Association. We believe that if authorized, the proposed addition would not substantially alter the essential character of the neighborhood and adjoining properties would not suffer a substantial detriment as a result of the variance. In fact, the closest residence to the proposed structure is well over one hundred feet away. The option selected is the most practical given the difficulties associated with the other listed options. A detached structure would not conform to the Association's covenants and would be opposed by this Committee. We recommend that the requested variance be granted. 1 CEC&dVE JUL 20 2009 Estes Valley Board of Adjustment Estes Park Town Hall, Estes Park, CO 80517 Re: Variance request to reduce side yard building setback Dear Board of Adjustment: 2180 Blue Spruce Estes Park, CO 80517 July 21, 2009 As the present owners of the residence at 2180 Blue Spruce Court, we are requesting a side yard building variance to build an attached 10 ft. by 22 ft. walk -out all concrete, fire resistant storage room addition to the west side of our garage. The flat roof would also be utilized as a deck. Approval of this request would alleviate the hardship of our particular situation. Background History: The house was built in 1977. We purchased this property on May 29, 1991 prior to current zoning regulations. The lot is now located in an E-1 zoning district and is substantially substandard in size (0.46 acres). The local terrain is steep and heavily wooded. Adequate public streets and utilities are available in this subdivision and should not be hindered by this small addition. A natural drainage exists just east of the house as indicated on figure 1. Other options we have considered: 1. Tear down the existing back porch and deck and build an attached above grade storage room on the south side of the existing house. Pros: Meets setback requirements. Cons: Loss of existing porch and deck, blocks egress doors from existing kitchen and sunroom and blocks bathroom and bedroom windows. Conclusion: Very expensive construction and not practical with existing floor plan. 2. Build an attached, walk out storage room on the east side of the existing house. Pros: Meets the setback requirements. Cons: Blocks the window in the utility/laundry room, requires relocating gas meter, electric meter, and electrical disconnect panel, blocks fireplace clean out door and encroaches on the natural drainage swale possibly causing erosion problems. Conclusion: Less expensive that #1 above but blocks natural light and ventilation to the basement, requires relocating utility meters and may create erosion and drainage issues. 3. Build an attached storage room on the north (front) side of the existing house. Pros: Meets the setback requirements. Blocks the main entry door, garage door and lower family room windows. Conclusions: Not practical and would destroy the character of the front house facade. 4. Build a detached, all concrete fire resistant structure. Prod: Meets the setback conditions. Cons: If placed north of the existing house, extensive and valuable existing landscaping would need to be cleared making the structure highly visible from the street. If placed east of the existing house, it would have to he placed on a hill slope away from the natural drainage swale, making the structure inconvenient to use. Also a detached structure is more expensive to build because it requires a fourth footing, foundation and wall where an attached structure shares these existing components. Conclusion: A detached structure will likely destroy existing landscaping, require the removal of large mature trees, is inconvenient to use and more expensive to construct than an attached structure. Preferred option: The proposed location for the attached walks -out fire resistant storage room and as shown on the site and is the most affordable, reasonable and practical option that we have found to meet our needs. The\ west foundation wall of the garage has no openings that would be blocked thus making it a perfect common wall between it and the proposed storage room, which also serves as a two hour firewall between the two occupancies. No existing utilities will need to be relocated and the existing deck or porch can remain. The location of the proposed addition is very convenient for easy walking to the exterior entry door located in the north wall of the storage room. The room would be mostly be below finished grade with the exception of the north wall which is only 7ft. 9 in. tall. The entry door will be screened by an n existing large pine at the northwest corner of the garage as well as numerous other trees. The exposed concrete foundation walls will be covered with siding matching the existing house and painted to match the house. The flat roof of the structure will be use as a deck and will have a 36 in. high redwood railing matching the railings on the existing deck. The existing topography and current drainage situation will not be altered thus it will not affect other property owners in this regard. Because the neighbor hood is heavily wooded as shown in figure 1, will be hardly visible from other properties or from the street and will not affect the essential character of the neighborhood. At least a 10 ft. minimum wide side utility easement will be maintained from the closest comer of the new structure from the west property line which will be verified with a registered land surveyor's setback certificate. We appreciate your review of this application and request your favorable action toward granting a variance for a side yard building setback, Sincerely, i ee, 0 ..,,,e fre s- A - , -- e s - a - dr -- ) Kenneth Czarnowski 61.4........, „firk, 6„........„..4._ Patricia Taylor Czarnowski July 18, 2009 Memorandum To: Estes Valley Board of Adjustment From: Fall River Estates Homeowners Association Architectural Control Committee Subject: Request for Variance at 2180 Blue Spruce Court We have reviewed the site plan and request for a variance prepared by the owners of the house located at 2180 Blue Spruce Court. The plans as submitted would not conflict with any of the covenants of the Association. We believe that if authorized, the proposed addition would not substantially alter the essential character of the neighborhood and adjoining properties would not suffer a substantial detriment as a result of the variance. In fact, the closest residence to the proposed structure is well over one hundred feet away. The option selected is the most practical given the difficulties associated with the other listed options. A detached structure would not conform to the Association's covenants and would be opposed by this Committee. We recommend that the requested variance be granted. 2' ( � f�\ ,oitinn] m/`« A � � ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: General Information Record Owner(s): tjV>r(r 1ki1(.5 A b E T V Y V E JUL 2 0 2009 9. 1 eIA 14-Lots. CZAR- iJovV5Kt Street Address of Lot: 2, t o 13 LJ f SPRt1 L E C.T Legal DescriptionLot: Block: �, Tract: Subdivision: FR L1- 8. LVEf4 ES T ATE S Parcel ID # "�rgSt-j!4s,OQ`f Section'.'... Township Ranse 3 Site Information Lot Size , -4•6 G A C R tE: Existing Land Use R E5 lD EJ f T(A. L Proposed Land Use EFS I p„G.ti Ti A. _ Zoning EA Existing Water Service ! Town r Well r Other (Specify) Proposed Water Service r Town r Welll r Other (Specify) Existing Sanitary Sewer Service r EPSD " UTSD r Septic Proposed Sanitary Sewer Service r EPSD r UTSD r Septic Existing Gas Service J Xcel r Other r None Site Access (if not on public street) Are there wetlands on the site? r Yes T. N Specific variance desired (state development code section #): ma - O C� v e c..btQ do •s�.d Se+Uc �k : �, E-1 mar, ;,,. d� �k'r-; ct- SIDE teAeb SEA 3Ac:k Primary Contact Information Name of Primary Contact Person le o Aotl k TH Ckf Mailin! Address 1 , 0 24 E 5' e RUC C' Attachments r7- Application fee (see attached fee schedule) rr Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) 17:- 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** r✓ 1 reduced copy of the site plan (11" X 17") r✓Names & mailing addresses of neighboring property owners (see attached handout) "' The site plan shall include information in Estes Valley Development Code Appendix B.VII.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. fE elf CO Town of Estes Pork .. P.O. Box 1200..170 MacGregor Avenue 4. Estes Park. CO 80517 Community Development Department Phone: (970) 577-3721 4, Fax: (970) 586-0249 .m. www.estesnet.com/ComDeev Contact Information;' Primary Contact Person Is Record Owner(s) Mailing Address Phone CeII Phone Fax Email Owner )° Applicant r Consultant/Engineer KEApia -r- Js dti� Q i"i2iclad anau, '( 62 )f3o r3 i.0 ' S p 2uc6. vfr---5'rg 5 ry4RIB q70 566 o t3 170 III --3393 Z4 r, OW 5 �!t'}l 70'r fs Applicant Mailing Address Phone CeII Phone Fax Email Consultant/Engineer ALI L PD lv1V / T ! CT Mailing Address 2 5 'i 5 u 1 o M 6 A.) PR t 5 T Phone 9 T o 52 3' 7 Cell Phone Fax Email � r 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.estesnel.com/ComDev/Schedules&Fees/PlanningApplicaiionFeeSchedule.pdf. All requests for refunds must be made in writing. All fees are due at the time of submittal. APPLICANT CERTIFICATION P. 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 public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► l acknowledge that 1 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.) ► 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 more if the information provided is incomplete, inaccurate, or submitted after the deadline date. I. I 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 comers 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. ► 1 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: KFNyA TW <; d 1214 T g/G 1 Applicant PLEASE PRINT: I" .6-/ye g: Tl f Signatures: Record Owner Applicant Ce, Rdt1.0 •x d P/9- ri /G /f? G 2 ,g / tiUWS K •*,fin-� Date Date Revised 10/13/06 Zoning Districts z ring Disltriot RE-1 RE § 4.3 Residential Zoning Districts Table 4-2 Base Density and Dimensional Standards Residential Zon ng Districts 1/10 Ac. 1/2.5 Ac. MilliOlUrO Lot Btande i1D [5 (Ord. 254711.) 10 Ac. 2.5 Ac. 200 200 inf" Ilc[i 4 ;Fritnt 50 50 50 50 50 50 30 30 20 20 E-1 R-1 R-2 RM (Ord. 18-01 #14) 1 2 4 8 4 Residential Uses: Max = 8 and Min =3 Senior Institutional Living Uses: Max=24 1 Ac. [3) Ac. [3] Ac. 5,000 Single-family =18,000; Duplex = 27,000 40,000, 5,400 sq. ft./unit [4] [8] (Ord. 25-07 §1) Senior institutional Living Uses: 1 Ac. 100 75 60 50 60 60; Lots Greater than 100,000 sq. ft.: 200 25 25- arterials; 15-other streets 25- arterials; 15-other streets 15 25- arterials; 15-other streets 25- arterials; 15-other streets 25 10 10 10 10 10 [6] 25 15 15 15 10 10 30 30 30 30 30 30 20 20 20 20 20 20 [7] Notes to Table 4-2: [1] (a) See Chapter 4, §4.3.D, which allows a reduction in minimum lot size (area) for single-family residential subdivisions that are required to set aside private open areas per Chapter 4, §4.3.D.1. (b) See Chapter 11, §11.3, which allows a reduction In minimum lot size (area) for clustered lots in open space developments. (c) See Chapter 11, §11.4, which allows a reduction in minimum lot size (area) for attainable housing. (d) See Chapter 7, §7.1, which requires an Increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §1) [2] See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 #5; Ord. 11-02 §1) [3] It private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." [4] Townhome developments shall be developed on parcels no smaller than 40,000 square feet; however, each individual townhome unit may be constricted on a minimum 2,000 square foot lot at a maximum density of 8 dwelling units per acre. [5] All development, except development of one single-family dwelling on a single lot, shall also be subject to a maximum floor area ratio (FAR) of .30 and a maximum lot coverage of 50%. (Ord. 25-07 §1) [6] Zero side yard setbacks (known as "zero lot line development") are allowed for townhome developments. [7] Minimum building width requirements shall no apply to mobile homes located in a mobile home park. [8] Single-family and duplex developments shall have minimum lot areas of 18,000 s.f, and 27,000 s.f., respectively. (Ord 18-01 #14) [9] All structures shall be set back from public or private roads that serve more than four adjacent or off -site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1) [10) See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 #3) Czarnowski Variance APO en co cr) a000 1Do ^�h0,.-4 ��ri���rl 00.` v+o 0000000 00 00 ca 0 CO 03 00 CO 2 oo 00 00 N00 c•Q1O'om000}.000 aj Y Y O 0 n Y Y Y E .t. L. X 0 y., 4ca . a sVI m y- a a 0 • 0. ▪ 0f _ • 0. a) a`) 3 o E C CA a) a) '^ w w u CA IA IA • IA IA IA U W W L▪ i U> CL W W W J W W L)J PO Box 314 1� a) C 0 1- U ro <n -13 0) OO ++ CO to 0 N ID CO 0 m -t CO LO N N N 320 Central Park Av 5128 Meadowside Ln 1069 Fall River Ct 1077 Fall River Ct 1079 Fall River Ct u J 0) �a_+) L a) i. O 1- D_ a) ao • m C 7 J N+ ,CC a) C „0 aa)) Y • L 1I C 111 O ▪ a) E o C U a) >a CC co • u E 2 C O • O= C c . YVl Y L MS CO t • r. 7C co 0 }O co l[ ~ ▪ ~ r 7 C W 06 C 00 W a) ?� L1�{ -0 °a 0,1 iliC 3 v, C a) CO E ` 0 .>c ▪ E 0. O ix Y w v) • �; CL O C7 Ln 2120 Fall River Rd 1140 Fall River Ct 0 4-' vs uJ W } K �o LL Czarnowski Variance APO PIN Nor { 0uN 3 0 0 0 z PIM FoLMD c�P NoT LECiIBL pEcrA, 3o°0010d' RADIUS z5( NORTH \ I \I 10' \ \ I \ F I CoHCKEIS Zg 1 we. 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