HomeMy WebLinkAboutMINUTES Board of Adjustment 2023-05-02 Town of Estes Park, Larimer County, Colorado, May 2, 2023
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of
Estes Park on May 2, 2023.
Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman
Attending: Chair Moreau, Vice Chair Newsom, Community Development Director Jessica
Garner, Town Attorney Dan Kramer, Senior Planner Jeff Woeber, Planner I Kara
Washam, Town Board Liaison Barbara McAlpine, Recording Secretary Karin Swanlund
Absent: Holtzman
Chair Moreau called the meeting to order at 9:00 a.m. There were 21 people in
attendance.
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Moreau) to approve the agenda. The motion
passed 2-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Newsom/Moreau) to approve the Consent Agenda. The
motion passed 2-0.
Public Comment: none
VARIANCE REQUEST 1895 Fall River Road Senior Planner Woeber
The Applicant requests two variances. One would allow employee housing units to
exceed the maximum allowable 800 square feet per unit at 1200 square feet. The
second would allow the total cumulative square feet of employee housing to exceed
that of the total square footage of the commercial use under Section 4.4.C.4. of the
Estes Park Development Code (EPDC).
The property is within a CO-outlying commercial Zone district. Restrictive Covenant
Agreements are required for all employee housing.
Discussion: The board stated that it is not unreasonable to propose bigger living
quarters. The location is such that it won't bother any surrounding neighbors.
Public Comment: none
It was moved and seconded (Moreau/Newsom) to approve the variance requests in
accordance with the findings as presented. The motion passed 2-0.
VARIANCE REQUEST 160 First Street Planner I Washam
The Applicant requests approval of a variance to allow a reduced front setback of 6.9
feet in lieu of the fifteen feet (15') and 16.4 feet in lieu of the twenty-five feet (25')
respective setbacks required in the CO (Commercial Outlying) Zoning District under
Section 4.4.C.4. of the Estes Park Development Code (EPDC). Parking will be
eliminated on the northwest side to add a deck.
Discussion: none
Public Comment: none
It was moved and seconded (Moreau/Holtzman) to approve the variance request for
reduced front setback and reduced arterial road setback with findings as outlined in the
staff report. The motion passed 2-0.
Board of Adjustment, May 2, 2023 – Page 2
VARIANCE REQUEST 281 W Riverside Drive Planner I Washam
The Applicant proposes eliminating the front setback on Moraine Avenue and the
side setback on the north lot line in lieu of the 8- and 10-foot respective setbacks
required in the CD-Commercial Downtown Zone District. Setbacks are required to be
measured from the platted lot lines. The property to the south is Short Term Rental.
The property to the north has a pending Short-term rental license, making them
commercial use properties. Commercial use allows for zero setbacks.
Discussion: When asked why the pre-made unit can't be 10 feet from the property line,
Carolyn Newberry and Terry Boegener, applicants, explained that the original plan was
to have the container the long way against Moraine; the Town asked it be rotated. This
being a 60-foot lot, 40 feet with setbacks, the plat is at an angle, and there was no room
for outdoor seating. There will be access from Moraine onto the rooftop deck. Stairs and
handicap access will be installed.
The applicants stated they would provide privacy fences on the north and south and
enclose the garbage receptacles. Outdoor TVs, chairs and tables are planned for the
south side of the property. They will do all possible to make it aesthetically pleasing;
however, this hearing concerns the setbacks, not the structure's design.
Public Comment:
Mark Newman, 253 W Riverside and 250 Moraine, noted that the massage business
does have a setback on Moraine, thus setting precedence. Concerns with changing the
quiet artisan feel of the neighborhood, noise and many other food service issues. With
the loss of two bedrooms, a mixed-use building makes more sense.
Town Attorney Kramer clarified that while a vacation home is a dwelling,
accommodation use vs. household living makes it a commercial use, not residential.
Joe Hladic, 286 Moraine, has withdrawn his vacation home application; therefore, it is
no longer a commercial property or subject to zero lot line use. He feels that this is a
disregard for civil rights.
David Sward, 271 W Riverside, applied for STR on April 10. He feels as though the Bar
would be painting neighbors into a corner to have permanent STRs.
Gerald Mayo, 265 Lookout St., noise and establishments are part of Estes Park in the
Commercial Downtown zoning. Fence lines are not property lines. Replat wasn't filed
until Mr. Boegener bought the property, revealing the correct property lines.
Durango Kelly Steele, 251 W Riverside Drive, opposes the variance request. This will
drastically change the character of the neighborhood.
Paul Brown, 254 Solomon Drive, requested denial of the setback variances, arguing
that short-term rentals should not be considered commercial use. The retaining wall is
unreliable, as seen in the 2013 flood.
It was moved and seconded (Newsom/Moreau) to deny the variance requests with
the finding that Review Criteria 2.a.- there can be a beneficial use of the property
without the variance. The motion to deny passed 2-0.
There being no further business, Chair Moreau adjourned the meeting at 10:15 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary