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Home My WebLink AboutPACKET Estes Valley Board of Adjustment 2007-07-10�a Prepared: July 2, 2007 Revised: AGENDA ESTES VALLEY BOARD OF ADJUSTMENT Tuesday, July 10, 2007 9:00 a.m. - Board Room, Town Hall 1. PUBLIC COMMENT 2. CONSENT a. Approval of minutes dated June 5, 2007 3. REQUESTS a. Metes & Bounds Property located at 189 and 191 East Riverside Drive Owner: Paul and Sally Whyard Applicant: Owner Request: Variance from Estes Valley Development Code Section 4.4, Table 4-5, requiring a 10-foot side -yard setback for Commercial Downtown -zoned properties adjacent to residential properties Staff Contact: Alison Chilcott / Bob Joseph 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 June 5, 2007, 9:00 a.m. Board Room, Estes Park Town Hail Board: Attending: Also Attending: Absent: Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Chair Newsom; Members Dill, Lynch, and Sager Director Joseph, Planner Shirk, Planner Chilcott, and Town Clerk Williamson Member Levine, Recording Secretary Roederer Chair Newsom called the meeting to order at 9:00 a.m. 1. CONSENT AGENDA The minutes of the May 1, 2007 meeting. There being no changes or corrections, the minutes were approved as submitted. 2. LOT 6, REPLAT OF LOT 1, HOMESTEAD SUBDIVISION. 675 SUMMERSET COURT. Applicant: Roger Thorp, Thorp Associates, PC — Request for variance from Estes Valley Development Code Section 1.9.D.2.a, Stream and River Corridors; Section 7.6.E.1.a(11. Building/Structure Setbacks: Section 7.6.F.1. Prohibited Activities: and Section 7.6.G, Preservation of Vegetation; to allow portions of a residence to be constructed across a stream corridor in lieu of the required 30-foot setback from stream corridors Planner Chilcott reviewed the staff report. This is a request for a variance to allow a one- story, 5,520-square-foot house (3,638 sf of finished space, a 912 sf unfinished garage, 970 sf unfinished attic, 840 sf of deck, a 130 sf patio, and a portico over the driveway of approximately 240 sf) with an intermittent drainage running through the property requiring a 30-foot setback. The petitioner is requesting variances from four sections of the Estes Valley Development Code to allow portions of a residence to be constructed across a stream corridor in lieu of the required 30-foot setback from stream corridors. This lot is almost twice the minimum size for "E" Estate zoning Tots (.5 acre minimum); however, there are special circumstances on the lot including a drainage, steep slopes and a water line easement on the eastern property line which reduce the buildable area. However, staff does not find that the applicant has demonstrated practical difficulty sufficient to justify the variances requested. Staff is supportive of significant reductions in setback, but not as significant as those proposed by the applicant. Staff may be supportive of a building design that proposes building within a few feet of the bank and perhaps over the existing drainage channel if the portion of the structure crossing the channel is high enough to allow wildlife to pass under the structure. Staff is not supportive of the submitted design. It is the opinion of planning staff that the requested variances are substantial because the request involves reducing the setback from thirty feet to zero feet for the full length of the house, and building a deck and a portion of the house over the drainage. This request also includes reconfiguring/relocation a portion of the drainage. In considering whether the essential character of the neighborhood would be substantially altered or whether adjoining property owners would suffer a substantial detriment as a result of the variance, staff finds that the proposed house is significantly larger than all others in the neighborhood and may impact the character of the neighborhood. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 5, 2007 2 In considering whether the requested variances represents the least deviation from the regulations that will afford relief, staff suggests the proposed setback from the front property line could be reduced, the driveway could be redesigned, the deck proposed over the drainage could be removed/relocated, and/or the shape and size of the home could be redesigned. This request was submitted to alll applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town's Building Department, Public Works Department, Light & Power Department, Water Department, Town Attorney White and Keith Keenan of Alpine Anglers. Written comments were received from Michael Harris a neighboring property owner. Planning staff recommends denial of the requested variance as submitted due to the failure to demonstrate practical difficulty sufficient to justify the requested variance requests. Public Comment: Mark Elrod/applicant reviewed the purchase of the lot and development of the house plans with Thorp Associates. He stated the house plans were submitted to the HOA's architectural control committee in March of 2007 and received approval. He sighted the Development Code sections in which they seek relief and quoted the Comprehensive Plan, "The land shall be developed to fit the land and maintain tree coverage and development standards should be reasonable, understandable and responsible." Mr. Elrod questioned the map used to make staff's determination that a drainage runs through his property. He confirmed the stream and river corridor map used in the Estes Valley Development Code was developed by the USGS in the 1970s and is static. Over the years classifications have changed, however, the maps have not been updated to reflect the changes. He stated the drainage on the property would now be classified as a swale and not a stream. He also questioned the need to preserve the riparian vegetation. His research into the definition of riparian and the flora existing within a riparian corridor concluded a lack of riparian vegetation on the property. The predominant tree species on the property is ponderosa pine, a xeric tree species. The Ellrods have hired an engineering firm to determine whether or not the swale could and would handle a 100-year flood event. The home would need to be retrofitted and the swale modified to accommodate such an event; however, the intent and purpose of the code are not compromised with the requested variances. The granting of the variance would not be detrimental to the neighborhood. He stated without the variances the property vallue will diminish. Mr. Elrod reviewed staff findings and disagrees with many of the findings including the home could be redesigned to fit the restrictions on the lot, redesigned to accommodate the wildlife, out of character with the neighborhood, significantly larger than other homes, property was not purchased with the knowledge of the code requirements, this issue can not be mitigated through other methods. He stated the design of the driveway and home has been designed to preserve as many trees as possible. Roger Thorp/Thorp Associates designed the proposed house. He stated during site visits there has been no evidence of running water through the property during the wet spring. A site analysis was developed prior to the design to maintain the trees, views and access while recognizing the setback requirements and utility easements that limit the buildable area. The scalle of the proposed home is within the character of the neighborhood. To accommodate the stream corridor requirements a 2-story home would need to be buillt and a number of trees removed. The drainage can be modified to accommodate a 100-year event that is safe for the inhabitants and does not change the historic flow down slope. John SpoonerNan Horn Engineering reviewed the hydrology/hydraulics anallysis for the property. A culvert system was originally developed. The property owners requested the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 5, 2007 3 swale be modified to handle a 100-year event. A fabric material would be used with native grasses that would channel the water away from the home but not change the drainage path down slope. Staff is concerned this design is not the least deviation that affords relief. Dir. Joseph stated the water flow will be concentrated and could cause drainage concerns to properties down slope. Celine LeBeauNan Horn Engineering performed a site visit and determined the vegetation on site is predominately upland plants with a few wetland plants on the edge of the swale. The swale is entirely vegetated and does not contain wetland plants, no defined bank, no erosion and no sign of soil deposition. Mr. Baker/Property Owners Association spoke in favor of the request and does not recognize a stream on the property. Chair Newsom stated staff has followed the guidelines of the Development Code to make their determination, however, the historic swale does not show any signs of erosion. Dir. Joseph stated the upstream condition and vegetation demonstrate the legitimacy of mapping the area as a drainage. It was moved and seconded (Lynch/Sager) to approve the variance requests for Lot 6, Rapist of Lot 1, Homestead Subdivision, and the motion passed unanimously. 1. Compliance with the submitted plans, with the exception that the site plans shall be revised to: a. Accurately reflect the proposed building location. Per a conversation with Amy Plummer, Van Horn Engineering and Surveying, on May 29, 2007, the field staking includes a slight shift in building alignment to better match the existing drainage swale and result in less grading than shown on Sheet A02. b. The house design shall be revised so that the no portion of the building encroaches into easements. Utility and water line easement encroachments shown. Significant modifications to design will require addition Board review. c. Show all setbacks and show them accurately. This includes showing all property lines setbacks, i.e. the fifteen -foot, rather than thirty-foot front setback, and the fifteen -foot rear and ten -foot side setbacks. This also includes showing the thirty-foot stream setback measured from the thread of the drainage. 2. A Colorado registered engineer shall stamp the drainage report and site plan. 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 setback certificate. 4. The plans submitted with the building permit application shall comply with the comments in Will Birchfield's memo to Alison Chilcott dated May 25, 2007. 5. The plans submitted with the building permit application shall comply with the comments in Greg Sievers' email to Alison Chilcott dated May 21, 2007. 6. Compliance with Mike Mangelsen's memo to Bob Goehring dated May 23, 2007. Public Works Department has the ability to waive any requirements that they determine are not applicable to this project. 7. Per the Public Works Director a drainage easement shall be recorded. 3. REPORTS None. There being no further business, Chair Newsom adjourned the meeting at 11:06 a.m. Wayne Newsom, Chair Jackie Williamson, Town Clerk -0 V4/28/2007 12:03 FAX 1 314 955 5099 AG Edwards Trust IJ0001/0004 fax Subject Board ofAdjustment Drat? Minutes June 2007 Dale: June 28, 2007 Pages: 4 To: Jackie Williamson, Town Clerk Fmm: Mark Elrod Phone Number:: 970-577-3702 Phone Number 636-537-8534 Fax Number:: 970-586-2816 Fax Number. 636-530-0260 0&6) Comments: I was reviewing the draft of the June 5, 2007 minutes of the Board of Adjustment meeting. I noted a few items that will need the Board's review before approving these minutes. On page 2, fourth paragraph, line four starting with the word "architectural", the word next to the last in that line reads "sighted" which I believe should read "cited". On page 2, fifth paragraph, line six starting with the word "swale", I had made the statement that it would be classified as a `wash". Therefore, I would suggest the word "swale" on that line be changed to `wash". On page 2, seventh paragraph, line three starting with the word `wildlife" , in my presentation I argued that there was no evidence provided by staff that this is a wildlife migration condor requiring a design for elk to walk under. Therefore I would suggest that following the word "wildlife" I would suggest adding the word "migration". One page 3, at 1.c. of the conditions I thought I recalled that since our waiver request was granted that the sentence reading "This also includes showing the thirty-foot stream setback measured form the thread of the drainage" should be removed from the condition. I thought that was a recommendation of staff during deliberations. Thank you for your consideration of these comments and sharing there with the Board. 06/28/2007 12:04 FAX 1 314 955 5099 AG Edwards Trust Q 0002/0004 RE RD OF PR' i. EDIN Regular Meeting of the Estes Valley Board of Adjustment June 5, 2007, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Attending: Chair Newsom; Members Dill, Lynch, and Sager Mao Attending: Director Joseph, Planner Shirk, Planner Chilcott, and Town Clerk Williamson Absent: Member Levine, Recording Secretary Roederer Chair Newsom called the meeting to order at 9:00 a.m. 1, CONSENT AGENDA The minutes of the May 1, 2007 meeting. There being no changes or corrections, the minutes were approved as submitted. 2. LOT 6. REPLAT OF LOT 1. HOMESTEAD SUBDIVISION. 675 SUMMERSET COURT. Aonlicant: Roaer Thorp. Thoro Aagoclates. PC — Reauest for variance from Estes Valley Development Code Section 1.9,D.2.a, Stream and River Corridors; Section 7.6.E.1.af1). BUUdina/Structure Setbacks; Section 7.6.F.1. Prohibited Activities: and Section 7.6.G. Preservation of Vecretatlon; to allow portions of a residence to be constructed across a stream corridor in lieu of the required 30-foot setback from stream corridor$ Planner Chiloott reviewed the staff report. Thls is a request for a variance to allow a one- story, 5,520-square-foot house (3,638 sf of finished space, a 912 sf unfinished garage, 970 sf unfinished attic, 840 sf of deck, a 130 sf patio, and a portico over the driveway of approximately 240 sf) with an intermittent drainage running through the property requiring a 30-foot setback. The petitioner is requesting variances from four sections of the Estes Valley Development Code to allow portions of a residence to be constructed across a stream corridor in lieu of the required 30-foot setback from stream corridors. This lot is almost twice the minimum size for "E` Estate zoning lots (.5 acre minimum); however, there are special circumstances on the lot including a drainage. steep slopes and a water line easement on the eastern property line which reduce the buildable area. However, staff does not find that the applicant has demonstrated practical difficulty sufficient to justify the variances requested. Staff is supportive of significant reductions in setback, but not as significant as those proposed by the applicant. Staff may be supportive of a building design that proposes building within a few feet of the bank and perhaps over the existing drainage channel if the portion of the structure crossing the channel Is high enough to allow wildlife to pass under the structure. Staff is not supportive of the submitted design. It is the opinion of planning staff that the requested variances are substantial because the request involves reducing the setback from thirty feet to zero feet for the full length of the house, and building a deck and a portion of the house over the drainage. This request also includes reconfiguring/relocation a portion of the drainage. In considering whether the essential character of the neighborhood would be substantially altered or whether adjoining property owners would suffer a substantial detriment as a result of the variance, staff finds that the proposed house is significantly larger than ail others In the neighborhood and may impact the character of the neighborhood. w9/'28/2007 12:04 FAX 1 314 955 5099 AG Edwards Trust U0003/0004 ivivo° RE RD OF PR r `EEDINGS Estes Valley Board of Adjustment 2 June 6, 2007 In considering whether the requested variances represents the least deviation from the regulations that will afford relief, staff suggests the proposed setback from the front property line could be reduced, the driveway could be redesigned, the deck proposed over the drainage could be removed/relocated, and/or the shape and size of the home could be redesigned. This request was submitted to ail applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town's Building Department, Public Works Department, Light & Power Department, Water Department Town Attomey White and Keith Keenan of Alpine Anglers. Written comments were received from Michael Harris a neighboring property owner. Planning staff recommends denial of the requested variance as submitted due to the failure to demonstrate practical difficulty sufficient to justify the requested variance requests. Public Comment; Mark Elrod/applicant reviewed the purchase of the lot and development of the house plans with Thorp Associates. He stated the house plans were submitted to ' - HOA's f~ ilea architectural control committee in March of 2007 and received approval. H= slghte.+ e Development Code sections in which they seek relief and quoted the Comprehe • Ian, "The land shall be developed to fit the land and maintain tree coverage and development standards should be reasonable, understandable and responsible." Mr. Elrod questioned the map used to make staffs determination that a drainage runs through his. properly. He confirmed the stream and river corridor map used In the Estes Valley Development Code was developed by the USGS in the 1970s and is static. Over the years classifications have changed; however, the maps have not been updated to reflect the changes. He stated the drainage on the property would now be classified as a a nd not a stream. He also questioned the need to preserve the riparian vegetation. research into the definition of riparian and the flora existing within a riparian corridor concluded a lack of riparian vegetation on the property. The predominant tree species on the property is ponderosa pine, a xeric tree species. The Elrods have hired an engineering firm to determine whether or not the Swale could and would handle a 100-year flood event. The home would need to be retrofitted and the swale modified to accommodate such an event; however, the intent and purpose of the code are not compromised with the requested variances. The granting of the variance would not be detrimental to the neighborhood. He stated without the variances the property value will 'diminish. Mr. Elrod reviewed staff findings and disagrees with many of the findings including the home could be redesigned to fit the restrictions on the lot, redesigned to accommodate the wildlitg, out of character with the neighborhood, significantly larger than other homes, op rty was not purchased with the knowledge of the code requirements, this issue can not be mitigated through other methods. He stated the design of the driveway and home has been designed to preserve as many trees as possible. Roger ThorplThorp Associates designed the proposed house. He staled during site visits there has been no evidence of running water through the property during the wet spring. A site analysis was developed prior to the design to maintain the trees, views and access while recognizing the setback requirements and utility easements that limit the buildable area. The scale of the proposed home is within the character of the neighborhood. To accommodate the stream corridor requirements a 2-story home would need to be built and a number of trees removed. The drainage can be modified to accommodate a 100-year event that Is safe for the inhabitants and does not change the historic flow down slope. John SpoonerNan Hom Engineering reviewed the hydrologylhydraulics analysis for the property. A culvert system was originally developed. The property owners requested the RAFT 06/28/2007 12;04 FAX 1 314 955 5099 AG Edwards Trust Q 0004/0004 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 June a, 2007 swale be modified to handle a 100-year event. A fabric material would be used with native grasses that would channel the water away from the home but not change the drainage path down slope. Staff is concerned this design is not the least deviation that affords relief. Dir. Joseph stated the water flow will be concentrated and could cause drainage concerns to properties down slope. Celine LeBeaulVan Hom Engineering performed a site visit and determined the vegetation on site is predominately upland plants with a few wetland plants on the edge of the swale. The swale is entirely vegetated and does not contain wetland plants, no defined bank, no erosion and no sign of soil deposition. Mr. Baker/Property Owners Association spoke in favor of the request and does not recognize a stream on the property. Chair Newsom stated staff has followed the guidelines of the Development Code to make their determination, however, the historic swale does not show any signs of erosion. Dir. Joseph stated the upstream condition and vegetation demonstrate the legitimacy of mapping the area as a drainage. It was moved and seconded (Lynch/Sager) to approve the variance requests for Lot 6, Replat of Lot 1, Homestead Subdivision, and the motion passed unanimously. 1. Compliance with the submitted plans, with the exception that the site plans shall be revised to: a. Accurately reflect the proposed building location. Per a conversation with Amy Plummer, Van Hom Engineering and Surveying, on May 29, 2007, the field staking includes a slight shift in building alignment to better match the existing drainage Swale and result In less grading than shown on Sheet A02. b. The house design shall be revised so that the no portion of the building encroaches into easements. Utility and water line easement encroachments shown. Significant modifications to design will require addition Board review. c. Show all setbacks and show them accurately. This includes showing all property lines setbacks, i.e. the fifteen -foot, rather than thl -foot front back and the fifteen -Bear and ten -foot side setbacks. a so nc u • es showing Fe thirty --foot stream setback measured from the thread of the drainaaa. 2. A Co ora o r is ere eng neer shall stamp the drainage report and site plan. 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 setback certificate. 4. The plans submitted with the building permit application shall comply with the comments in Will Birchfleld's memo to Alison Chilcott dated May 25, 2007. 5. The plans submitted with the building permit application shall comply with the comments in Greg Sievers' email to Alison Chilcott dated May 21, 2007. B. Compliance with Mike Mangelsen's memo to Bob Goehring dated May 23, 2007. Public Works Department has the ability to waive any requirements that they determine are not applicable to this project. 7. Per the Public Works Director a drainage easement shall be recorded. 3. REPORTS None. There being no further business, Chair Newsom adjourned the meeting at 11:06 a.m. Wayne Newsom, Chair Jackie Williamson, Town Clerk RAFT ))elete- 189/191 East Riverside Drive N River and Side -Yard Setback Variance Requests Estes Park Community Development Department Municipal 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: July 10, 2007 LOCATION: The site is located at 189/191 East Riverside Drive, within the Town of Estes Park. Legal Description: Metes and Bounds PETITIONER/PROPERTY OWNERS: Paul C. and Sally J. Whyard/Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: The petitioner requests a variance to the southern ten -foot side - yard setback to build a second and third story addition two feet away from the southern property line. Buildings can be built up to side property lines in the "CD" Downtown Commercial zoning district, unless the adjacent property is residential, in which case a minimum setback of ten feet is required. In this case, the adjacent property to the south is residential per the Larimer County Tax Assessor records. The existing building houses two businesses, Mountain Munchies (a restaurant), and the East Riverside Gallery of Glass (a retail shop), and a residence. The property owner plans to construct an additional two-story residence above the gallery. The building height will increase; however, no change to the building footprint is proposed other than the addition of stairs to the front of the building, which will provide access to the proposed dwelling. Per the statement of intent, the second floor addition is 1,037 square feet and the third floor addition is 790 square feet, for a total of 1,827 square feet. There is a slight discrepancy between the addition size noted in the statement of intent and the code analysis submitted by Basis Architecture, which shows the building addition as 1,723 square feet, the total building size is 4,071 square feet. However, in either case, the building is under the maximum allowable floor area for the lot, based on the lot size stated on the site plan of .11 acres. Since the owners purchased the property in 2004 they have made significant improvements to it. The Estes Valley Board of Adjustment granted a variance for this property on January 4, 2005 to allow the installation of three picnic tables that would be the same as the picnic tables installed by EPURA in other downtown locations. The Board also granted a variance for this property on December 6, 2005 for construction of the gallery and a second -story dwelling unit above the gallery. The gallery was constructed; however, the second -story dwelling was not constructed and the property owners have since revised their plans and now wish to build a second and third story dwelling. II. SITE DATA AND MAPS Number of Lots/Parcels One Parcel Number(s) 3525I21071 Development Area 0.11 acres per site plan 1 4,792 square feet Zoning "CD" Downtown Cormercial Existing Land Use One Residence Eating/Drinking Establishment (Restaurant) — Mountain Munchies Retail (East Riverside Gallery of Glass) Proposed Land Use Two Residences Eating/Drinking Establishment (Restaurant) — Mountain Munchies Retail (East Riverside Gallery of Glass) ADJACENT ZONING AND LAND 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 Parkin Lot Page #2 — Setback Variance Request for 189/191 East Riverside Drive SERVICES Water Sewer Fire Protection Electric Telephone LOCATION MAP 11111111111111111111iIIIIIIIhIIIIoo iiiiiii1111,1111111111111111111111111111111111111111111111i1.11111111111111111111111 1111111111111111111.111„.i 11,...?(111,111.11111111111.0111 11111111111111.11111 a 1' „,,,,,vm110001111Jui 111111111ijijjIIIIIIIII1t1111111111 101111111"voo 1111111111iiiiv AERIAL PHOTO Town of Estes Park Estes Park Sanitation District Town of Estes Park Town of Estes Park Qwest taailiaft a66, f11111111,1' -66666,61,6a la Page #3 Setback Variance Request for 189/191 East Riverside Drive SITE PL III. REVIEW CRITE ` ,A All variance applications shall demonstratecompliance 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 all applicable reviewing agency staff and neighboring property owners for consideration and comment. The following reviewing agency staff and/or adjacent property owners submitted comments. Estes Park Building Department See Will Birchfield's memo to Alison Chilcott dated 6-20-07. Estes Park Utilities Department See Jeff Boles' memo to Alison Chilcott dated 6-19-07. 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: There are special circumstances associated with this lot that are not common to most lots in the "CD" zoning district. In support of the side -yard variance requests, 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 Page #4 — Setback Variance Request for 189/191 East Riverside Drive narrow depth combined with the river and front -yard setbacks reduces possible building depth, so buildings must be either wider or taller. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance. Staff Finding: There can be a beneficial use of the property without the variance. The exiting uses can continue. b. Whether the variance is substantial. Staff Finding: The side -yard setback is substantial. If granted, this variance will reduce the setback to zero. However, the fact that no setback would be required if the adjacent property to the south converted from residential to commercial use in the future, and that no comments were received from this neighbor, may reduce the overall impact of the variance request. 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 proposed addition blends with the existing building and is in character with the neighborhood, with the exception of the proposed flat roof. Adjoining property owners have not contacted staff to comment on this proposal and staff is not aware of their opinions about the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variances will not affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The property owner purchased the property on August 12, 2004 after the February 1, 2000 effective date of the Page #5 -- Setback Variance Request for 189/191 East Riverside Drive Estes Valley Development Code and with knowledge of the requirements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: If a variance is not granted, a smaller addition could be built. 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, if granted, will 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 Board should use their judgment to determine if the variance offers 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. Page #6 — Setback Variance Request for 189/191 Easi Riverside Drive 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: Staff recommends requiring the property owner to obtain an access/maintenance easement from the adjacent property owner to the south, since construction and maintenance of the southern side of the proposed building will require access to the neighbor's property. 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 Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1. Compliance with the submitted plans. 2. Compliance with Estes Park Building Department: Will Birchfield's memo to Alison Chilcott dated 6-20-07. 3. Recordation of an access/maintenance easement on the lot to the south prior to issuance of a building permit. 4. Provide a height verification certificate. Page #7 — Setback Variance Request for 189/191 East Riverside Drive To: Bob Goehring From: Jeff Boles Date: 06/19/2007 Re: Variance Request Second and Third Floor Addition to Existing Building Metes and Bounds Legal 189/191 East Riverside Drive After review of the Variance Request the Light and Power Department and Water Department have the following comments: Light and Power Department 1.) Per an earlier conversation between Todd Steichen and Paul Whyard the availability of usable power is marginal in this area. The electric loads can not 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. Any upgrade to existing electrical facilities' will be at the owners request and expense. Water Department 1). The existing 3/4" water service line is not adequate for supply of 2 new multifamily dwelling units plus the existing food establishment. Contact the water department at 970-577-3622 to schedule a water fixture count of the existing building to determine the adequate service line size necessary for supply. MEMORANDUM To: Alison Chilcott, Planner II From: Will Birchfield, Chief Building Official Date: June 20, 2007 Subject: Variance Request Second and Third Floor Addition to Existing Building Metes and Bounds Legal 189-191 East Riverside Drive The Department of Building Safety has reviewed the application in regards to the variance request for the above referenced property. Please see attached Development Plan Review Checklist for comments. Review Date: 6/20/2007 Review By: Will Birchfield DEVELOPMENT PN REVIEW CHECKLIST 189/191 East Riverside Drive ❑ Official street names and addresses shall be assigned by the Department of Building Safety. ❑ Active Violations: Hot tub located in the river set back, located within 5 feet of a window (requiring tempered glazing) and there is no record of State Electrical approval for this hot tub installation. ❑ A detailed Code Analysis by a Colorado Design Professional is required. ❑ A detailed site plan is required and shall include utility locations, setbacks, contours, drainage, landscaping, access, easements, etc. ❑ Do utility services (plumbing, electrical, gas) require upgrading? ❑ A grading and drainage plan shall be designed by a Colorado Design Professional and shall bear the appropriate wet stamps. ❑ Grading plans and permits are required prior to and are separate from building permits. A grading permit is required prior to any grading or excavation (Estes Park Municipal Code §14.12.030) ❑ The limits of site disturbance shall be maintained and are restricted to within the property lines and/or to areas specified on the approved plans. ❑ State and Town Demo Permits are required prior to demolition of structures. ❑ Prior to any excavation and/or construction activity, a detailed drainage/erosion plan to protect neighboring properties, public right-of-ways, floodplains and drainage areas during the construction phase shall be submitted to and approved by the Community Development Department. Filtration of storm water is required prior to release from the site. Failure to comply with said approved plans may result in an immediate stop work order on the entire development. The final site drainage plan shall be approved by the Public Works Department. ❑ Setback and elevation certificates shall be provided by a Colorado design Professional, and shall bear the appropriate wet stamps. ❑ A construction traffic plan shall be submitted to and approved by the Public Works and Police Departments prior to obstructing or interfering with any vehicular traffic on public right-of-ways. ❑ A pedestrian protection plan is required and shall be approved by the Building Department prior to any construction activity obstructing pedestrian paths. l\Serveralcomm devlBuilding\REVIEWS\Dev Plan Reviews\Development Plan Review-189&191 E. Riverside Dr..doc Revised 10/17/2006- CB ❑ The developer shall specify the intended uses of the dwelling units. Are they intended to be private dwelling (owner occupied), long term rentals (apartments), or short term rentals (nightly accommodations)? Previous information on file indicated owner occupants. ❑ All new construction shall comply with all applicable accessibility laws. It is the designers' and developers' responsibilities to comply with laws that Town staff does not have the authority to interpret nor the responsibility to enforce, such as ADA, Federal and State Fair Housing Acts, etc. Additionally, the designer shall specifically detail how the proposed development shall comply with the accessibility requirements of the 2003 IBC, Chapter 11. Detailed accessibility specs are required. ❑ Al! appendages, such as decks and roofs must be shown on the plans, including building footprint details and construction details. ❑ Building permits are required prior to any construction and/or remodeling. ❑ Sign permits are required and are separate from building permits. ❑ All requirements of the approved development plan shall be conditions of any and all permits related to this development, now and in the future. ❑ All requirements of approved variances shall be conditions of any and all permits related to this development, now and in the future. ❑ All requirements of Planning Commission conditions of approval shall be conditions of any and all permits related to this development, now and in the future. ❑ A pre -construction meeting with Town staff and construction contractors is required prior to issuance of building permits. ❑ Approval of a Condominium Map is not an approval to change the use from short term (less than 30 days) to long term (greater than thirty days) and vice versa. Such change of use requires approval of the Chief Building Official, which will entail on site inspections and possibly life -safety improvements. 11Serveralcomm.....devlBuilding\REVIEWS\Dev Plan Reviews\Development Plan Review-189&191 E. Riverside Dr..doc Revised 9/19/2006- CB GG • ITE Attorney at Law North Park Place 1423 West 29th Street Loveland, Colorado 80538 970/667-5310 Fax 970/667-2527 June 19, 2007 ALISON CHILCOTT, PLANNER CONINIUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Variance Request — Metes and Bounds Legal Dear Ms. Chilcott: have no comment. If you have any questions, please do not hesitate to give me a call. GAW/ldr cc: Paul and Sally Whyard P 0 Box 1872 Estes Park, CO 80517 Memo To: Bob Goehring From: Mike Mangelsen Date: 06-13-07 Re: Paul Whyard Variance Request, 189 and 191 East Riverside Drive The Light and Power Department has reviewed the Variance Request for the above referenced property and has the following comments: 1.) The availability of usable power is marginal in this area. The electric loads can not 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. 1. Development Code 4.4 -- C.4. Table 4.5, Density and Dimensional Standards Nonresidential Zoning district Side setbacks in CD -"If lot abuts a residential property =10', other cases = 0'. We request the side setback = 2' on the south side of the property for the second and third floors. The adjoining property is in the CD district, but is used as a residence. The absentee owner rents the property weekly in the summer. This variance request will allow us to create new residential space on the second and third floor. The Board approved a variance for the first and second floor last year. We are adding a third floor, a variance request was required by the Town Of EP This is consistent with the Estes Valley Plan Chapter 6; planning area 7 Downtown Development. DT 11. Build out to side lot lines to maintain the sense of a "wall" along the street. DT 20. An development/redevelopment adjacent to Fall River or the Big Thompson River shall provide access and orientation to the rivers. 2. Development Code- 7.6- e.l.a.3: Where a principal building In the CD district provides public access, including a primary entrance, on the side of the building facing a stream or river corridor, the setback may be reduced to ten (10) feet with the approval of the Decision -Making Body. (Ord.2-02 #5) Last year the Board approved the same request for the first and second floor. We are adding a third floor; a variance request was required by the Town of EP. Existing building uses before addition: Total sq ft=2383 Bldg one-Restaurant/commercial-Sq Ft=320 Bldg Two- a)House/ residential- Sq Ft= 926 b)Gallery/ commercial- Sq Ft=1037 New addition use: Bldg two- Second floor -residential Sq Ft =1037 Third floor- residential Sq Ft= 790 / Deck =248 All other buildings retain existing use. The board has already approved the variance for the first and second floor. We have a new plan that has residential use on a third floor. The board approved the first request for a variance, in part because the adjoining property owner can build out to the lot line now without a variance. n 1 l6'p''lll I i�Ylp'I'l VII lihj�;, :oil Primary Contact [nformation ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: Record Owner(s): ,°'mac a t. -- 4 L- rt V -S> Street Address of Lot: - l'tt F, W .S(0 Legal Description Lot: Block: Tract: Subdivision: 3042 - vesz5►Oc b � .: ., Parcel ID # ;5 a I - i L'r'7 I Section °' ' Township " if`,4 t';parAtr °iRange Site Information Lot Size CO ), Z.. ^c°w. Existing Land Use 12,eza Zoning CD Proposed Land Use f CG V1 Existing Water Service yeTown r Well r. Other (Specify) Proposed Water Service *„„ Town r Well r Other (Specify) Existing Sanitary Sewer Service fi EPSD r '"'° UTSD 1. Septic Proposed SanitarySewer Service l".�..�;""` p �� .K EPSD r- UTSD r Septic Existing Gas Service ye Xcel r""" Other rm None Site Access (if not on public street) Are there wetlands on the site? r..... Yes P No Specific variance desired (state development code section #): P1Yhr. T CC ID C Name of Primary Contact Person ('- Yij-Q Mailing Address t C (b? r P (Q CAS/ 7 111 Attachments Application fee (see attached fee schedule) Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) f 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** iv' �a 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.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 -d P.O. Box 12004. 170 MacGregor Avenue 4 Estes Park, CO 80517 Communuty Devellopment Department Phone: (970) 577-3721 -6 Fox: (970) 586-0249 .es www,estesnet.com/ComDev 111' C;oiDili:c.l Inf n I r n Primary Contact Person is '" Owner r Applicant r Consultant/Engineer Record Owner(s) Mailing Address Phone 6 Cell Phone Fax Email Applicant `-P-q V Mailing Address ', Phone Cell Phone Fax Email Consultant/Engineer, _ Mailing Address r'°°'°" Phone "' 1° ... 11 Cell Phone Fax ... t„.. l tow%, 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 I hereby certify that the information and exhibits herewith submitted are true and correct 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). 0.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.) 0. 1 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. • 1 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. 0. 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. 0. 1 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 Vailley Development Code Section 3.6.D) lames: Record Owner PLEASE PRINT: Applicant PLEASE PRINT: signatures: Record Owner Applicant Date Date LOCATION MAP 189/191 E. Riverside Drive Zoning Districts § 4.4 Nonresidential Zoning Districts 4. Table 4-5;: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts Zoning District Minimum Land! Area per Accommo- dation or Residential Unit (sq. ft. per unit) Minimum Lot Size [7] Minimum Building/Structure Setbacks [4] [8] Max. Bulidin Max. FAR Max Coverage (%) Area (sq ft) . Width (ft.) Front (ft.) Side (ft.) Rear • (ft.) g Height g (ft.) [9] A Accommodation Unit =1,800 (1]; Residential Units: SF = 9,000; 2-Family = 6,750; MF = 5,400 40,000 [2] 100 [3] Arterial = 25 [5]; All other streets = 15 15 [6] 10 [6] 30 N/A 50 A-1 10,890 15,000 [2] 50 [3] Arterial = 25 [5]; All other streets = 15 15 10 30 .20 30 CD Accommodation Units Only = 1 800; SF & 2-Family (stand-alone = 9,000; MF = 9,000 + 2,250 for each dwelling unit located on ground floor Accom- modation uses = 20,000 All other uses = nfa SF & 2- Family (stand- alone) = 25; MF (stand- alone) = 100; All other uses = nla Mini- mum = 8 Maxi- mum = 16 If lot abuts a mi- den- tia! prop- arty = 10: All other cases = 0 if lot abuts a residen- ro eral ty p p rtY - 10, All other cases = 0 30 2.0 nla CO nla Lots fronting arterials = 40,000 [2]; Outdoor Commer- cial Recreatio nl Entertain- ment = 40,000 [2] All other Tots = 15,000 [2] Fronting arterials = 200; All other lots = 50 Arterial = 25 [5]; All other streets =15• 15 [6] 15 [6] 30 .25 65 Supp. 4 4-2' 1 ~\r / ¥wrNr� m��___ 0.0 0)2co co Lc) r\2Q00000 CO 0m0o .o000CO==COo RIO-a0°k°ZOX00090E W P(13 .0<��% B ` a_ E 0_ a a. a a. a -��cig> E O/kmL�/\3W3WW�/WW k 8 Michael R. Love PO Box 277 % 2 o k - K + / G § % f 8 050 2(02o.r-#a o-Ecn§--- 0 0 § R § ce § § w § § § m=¥■cmo■m_mmm R. �akE�ao)aE/Eaa \ 2 a) q P c . f o I2 0 To ACI)C CO ( CC C C co co2 > co Jo c0 5 ±\2 Oce I 0m / 0 k to = & c0 -J 2 g k ) =_ IjkU2�� 2 » V 1 0 ■� 2 3 c■ o U §§ E § 2 17) 7 k a 0 2(0 S.D. �� n 8-w 15 co co �)�a 1-0,-a= ��.003�k\$EQk�t(-E0 8 Rem 2 L W-J -I n 0 a a Y m@@ ROCKWELL STREET 1 0 2/A4.0A N63°4740"W EXISTING ONE STORY BLOCK BUILDING: MOUNTAIN MUNCTIIES 0 Q 1 EXISTING ONE STORY BLOCK BUILDING: RESIDENCE LOT 29 .11 ACRES OVERFRAME AT is=EXISTING ROOF N. 37'-8' 1 8'-0" EN I CURB lar x MIN. SETBACK! BUILDING ON SETBACK LINE 1 FROM THIS POINT SOUTH 10'-0" MIN. SETBACK ENSURE DRAINAGE TO RIVER i i SKYLIGHT 1/4:12 SLOPE ROOF OVER RESIDENTIAL ADDITION 1/4:12 -- PROPOSED 2 STORY RESIDENTIAL ADDITION ABOVE EXISTING GALLERY Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 I l in csi I"' EXISTING 7—SIDEWALK / EAST RIVERSIDE DRIVE TRASH ENCLOSURE PER EVDC 1.9-D.1-b.5, S i t1's TO PRINCIPAL ENTRANCE ALLOWED WITHIN SETBACK UP TO 6' A 2/A4.0 ofer—CURB —1� -0' SETBACK VARIANCE GRANTED FOR EXISTING GALLERY SPACE; �VARIANCE REQUESTED FOR PROPOSED 2 STORY RESIDENTIAL ADDITION Site Plan �� JJ�� J �ryr+� ,�y�� II rI y/ ��/, N nr� II � �}Ir ��1111fik'ixr' l�y1.. eVrklilllyr�71�� (�� . 1 /8" = 1 '-0" ee1e'995,0 a �w AIR CONDITIONING UNIT BELOW mO B A S I S IIARCHITECTURE P. C m > D P. O. BOX 2421 1692 BIG THOMPSON AVENUE ESTES PARK, COLORADO 80517 141 uoi.ena1a 1,se3 Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 0 V 6410198S'OL8 tfax s_ N 6 ARCHITE CTURE P. C F� m > P. O. BOX 2421 c 5 1692 BIG THOMPSON AVENUE ESTES PARK, COLORADO 80517 Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 68 0 m A • o m ARCHITECTURE P. C ay P. O. BOX 2421 p m o S 1692 BIG THOMPSON AVENUE 3 ESTES PARK, COLORADO 80517 CD co m_ i a 0) 0 85 4 r 1 is i r O O o� o, � Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 1 O 0 V m 1 a a P9 0 ! � ' _.. � e m i 4 N 6 ARCHITECTURE P. C El $gm a m m y P. O. BOX 2421 g a 1692 BIG THOMPSON AVENUE ESTES PARK, COLORADO 80517 UO!4BAal3 y4aoN co Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 c 0 6 ARCHITECTURE ._. - c I I _ RCHITECTURE P. C m P. O. BOX 2421 � m D p o 1892 BIG THOMPSON AVENUE 3 ESTES PARK, COLORADO 80517 2/A4.0A uBId mold puo 5 I/2 BEDROOM s0FFITMIMME CMU WAIL DIRECTLY ABOVE EXISTING CMU WALL WATER HEATER PROVIDE HANDRAIL ONE SIDE OF STAIR FROM TOP OF BOTTOM. RIS9t TO 70P OF TOP RISER ROOF BELOW E)OEND FURRING OF CMU WALL EAST, PAST BOTTOM RISER 1 LINE OF "SHELF" WALL ABOVE 4' HIGH WALL Second Floor Plan 3/16" = 1 '-0" Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 0 m UP PROVIDE HANDRAIL ONE SIDE OF STAIR FROM TOP OF BOTTOM RISER TO TOP OF TOP RISER DINING 1037 SF go EARCHITECTURE P. C P. O. BOX 2421 a m a 1692 BIG THOMPSON AVENUE ESTES PARK, COLORADO 80517 o s 2/A4.0♦ ue!d aoold PJ!41 5 ............... 0 AWNING BELOW 3' TAU. STORAGE SHELF BOILER & COMBUSTION AIR FLUES 1'-2" Third Floor Plan 3/1 6" = 1 '-0" Paul & Sally Whyard Whyard Residence 191 East Riverside Drive Estes Park, Colorado 80517 Wm 0 V WINDOW BELOW; RE: EAST ELEVATION :.... SHOWER HEADS le N 790 SF — — DECK: 248 SF E ARCHITECTURE P. C g ° P. O. BOX 2421 a m a g o a 1692 BIG THOMPSON AVENUE 3 ESTES PARK, COLORADO 80517