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Home My WebLink AboutSTAFF REPORT Variance Request 1820 Fall River Road 2006-03-07 I. PROJECT DESCRIPTION/BACKGROUND DATE OF BOA MEETING: March 7, 2006 LOCATION: The site is located at 1820 Fall River Road, within the Town of Estes Park. Legal Description: Lots 7 and 8, James-McIntyre Subdivision. PETITIONER/PROPERTY OWNERS: James Tawney/Same STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REQUEST: This is a request for a variance from EVDC §7.6.E.1.(a)(2)(b) which states, All buildings and accessory structures shall be set back at least thirty feet horizontally (plan view) from the annual high-water mark of river corridors or, if not readily discernible, from the defined bank of the river. The applicant is requesting a twenty-six-foot variance to allow a hot tub and deck to remain approximately four feet from the Fall River annual high- water mark in lieu of the minimum required thirty-foot setback. The property is zoned “A” Accommodations/Highway Corridor and is operated as the Ponderosa Lodge. The hot tub is connected via a deck to a hotel building, which was constructed in 1982 within a few feet of the river. 1820 Fall River Road River 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 RMNP Rocky Mountain National Park RMNP USFS USFS USFS Lake Estes Marys Lake Lily Lake Mac Gregor Ranch YMCA Conference Grounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNP Fall River Entrance RMNP Beaver Meadows Entrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 Cheley Camps USFS USFS Page #2 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) II. SITE DATA AND MAPS Number of Lots/Parcels Two Parcel Number(s) 35224-05-007 Development Area 2.61 acres per Tax Assessor Records 113,829 square feet Zoning “A” Accommodations/Highway Corridor Existing Land Use Accommodations Proposed Land Use Accommodations ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “RM” Multi-Family Residential Undeveloped with the exception of driveway access to Ponderosa Lodge Residential (Homestead Condominiums) South “E” Estate Single-Family Residential Undeveloped East “A” Accommodations/Highway Corridor Accommodations/High-Intensity (Black Hawk Lodge) West “E” Estate Single-Family Residential Undeveloped SERVICES Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Town of Estes Park Electric Town of Estes Park Telephone Qwest LOCATION MAP F a l l R i v e r R d . C a s t l e M o u n t a i n R d . Sleepy Hollow Ct. Site “A”“E” “R-2”“RM” F a l l R i v e r R d . C a s t l e M o u n t a i n R d . Sleepy Hollow Ct. Site “A”“E” “R-2”“RM” Page #3 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) AERIAL PHOTO F a ll R i v e r Hot Tub/Deck Location F a ll R i v e r Hot Tub/Deck Location PHOTOS OF DECK/HOT TUB AREA III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.C 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 Page #4 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) following reviewing agency staff and/or adjacent property owners submitted comments. Estes Park Public Works Department See Greg Sievers’ memo to Alison Chilcott dated February 17, 2006. Town Attorney See Greg White’s letter to Alison Chilcott dated February 15, 2006. Upper Thompson Sanitation District See Reed Smedley’s letter to Alison Chilcott dated February 14, 2006. Larimer County Department of Health and Environment See Thomas Gonzales’ letter to James Tawney dated March 1, 2006. 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. The existing motel is built closer to the river than the deck and hot tub. This encroachment of the hotel into the river setback reduces the quality of the riparian habitat much more significantly than the deck/hot tub encroachment. 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 hotel can continue to operate. If this variance is denied, the deck and hot tub will need to be removed from their location the setback. Page #5 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) b. Whether the variance is substantial. Staff Finding: The scale of the encroachment is not substantial in comparison to the hotel encroachment into the river 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: The variance will not substantially alter the essential character of the neighborhood and adjoining properties would not suffer a substantial detriment. Staff has not received comments from adjacent property owners. 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 prior to the February 1, 2000 effective date of the Estes Valley Development Code and without 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, the deck and hot tub will need to be removed from the river setback and could be relocated outside the setback. 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: Staff does not recommend changing the Estes Valley Development Code to reduce the river setback. 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 Page #6 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) 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. 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 that the property owner obtain any required permits and comply with permit conditions. 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 If the Board chooses to recommend APPROVAL of the requested variance, staff recommends that approval be conditioned on: 1. Compliance with the submitted plans. 2. Within fourteen working days of Board of Adjustment approval any applications required by the Town Building Department, Upper Thompson Sanitation District, and/or the Larimer County Department of Health and Environment shall be submitted. Page #7 – River Setback Variance Request for 1820 Fall River Road (Ponderosa Lodge) If the Board chooses to deny the requested variance, staff recommends that the hot tub and portion of deck which encroaches in the river setback be removed within sixty days of the March 7, 2006 Board of Adjustment meeting.