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HomeMy WebLinkAboutVARIANCE Employee Housing 1360 Brook Dr 2023-11-07 Community Development Memo To: Chair Jeff Moreau Estes Park Board of Adjustment Through: Jason Damweber, Interim Community Development Director From: Kara Washam, Planner I Date: November 7, 2023 Application: Variance Request for Occupancy Term 1360 B Brook Drive, Estes Park Reuben Bergsten, Town of Estes Park, Owner/Applicant Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the report. Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land Use): Industrial Mix Zoning District: Restricted Industrial (I-1) Site Area: 5.60 Acres (+/- 243,936 SF) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: The Applicant requests approval of a variance to waive the occupancy term requirement for employee housing in the I-1 (Restricted Industrial) Zoning District under §5.2.C.2.a.(1)(c) of the Estes Park Development Code (EPDC) to create a duty house for Water Division staff. Background: The Town of Estes Park purchased the subject property in 2018 through its water activity enterprise and currently uses it for Water Division operations. The property was previously used by a construction excavation company and contains a small existing structure, historically used to weigh trucks. This structure is currently referred to as the dwelling for temporary use by on-call duty staff, particulary during emergencies and inclement weather. Water Division operators are on a rotational on-call period of one (1) week. Staff living outside the Estes Valley can use the duty house while on-call. The on- call period of one (1) week will result in intermittent use of less than thirty (30) days. The scale house will be solely used as on-call employee housing when needed and will not be for lease or rent. Variance Description The Applicant requests a variance to waive the occupancy term requirement for employee housing in the I-1 (Restricted Industrial) Zoning District under §5.2.C.2.a.(1)(c) of the Estes Park Development Code (EPDC). The Applicant proposes an interior remodel of the existing scale house to create a duty house for Water Division staff. Proposed Site Plan Location and Context: The 5.60-acre lot is located at 1360 Brook Drive, at the southwest corner of Brook Drive and Fish Creek Road, and is along the eastern boundary of Estes Park Town Limits. The subject property and adjacent properties to the west and south are zoned I-1 (Restricted Industrial). The adjacent properties to the north and east are residential in use and zoned E (Estate) and Rural Estate (Unincorporated Larimer County), respectively. Fish Creek borders the subject property to the east. 2 Vicinity Map Zoning and Land Use Summary Table Comprehensive Plan (2022) Zone Uses Subject Industrial Mix I-1 (Restricted Industrial) Municipal Site North Suburban Estate E (Estate) Residential South Industrial Mix I-1 (Restricted Industrial) Storage Unincorporated Larimer East Mountains & Foothills Residential County (EV RE) West Industrial Mix I-1 (Restricted Industrial Industrial 3 Zoning Map Project Analysis Review Criteria: The Board of Adjustment (BOA) is the decision-making body for variance requests. In accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Standards with staff findings for each are as follows: 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. 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: Practical difficulty would exist with strict compliance to the occupancy standards outlined in §5.2.C.2.a.(1)(c) of the Estes Park Development Code (EPDC), requiring a minimum of thirty (30) day occupancy. The Water Division proposes remodeling an existing structure into a duty house for on-call 4 staff,withoccupancy to vary but unlikely to exceed a one (1) week periodat a time. 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: The existing scale house structure can be used as storage for the Water Division. However, due to aging and deterioration of the structure, substantial repair is necessary. b. Whether the variance is substantial; Staff Finding: The variance request to waive the occupancy term requirement for employee housing is not substantial. Impact to the subject property and surrounding area, including traffic, will not be affected. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The essential character of the neighborhood will not be substantially altered. The structure is existing and would be aesthetically improved with the forthcoming remodel, contingent on approval of the variance request. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Public services, including utilities, are available at the existing scale house structure and would not be affected by the variance request. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The Water Division was not aware of the occupancy term requirement at the time of purchase. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Alternative solutions for on-call duty staff can be found, including providing a cot during emergencies or inclement weather. However, these options are temporary and not practical as a long-term solution. 5 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: Not applicable. 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: Not applicable. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The proposed variance would be the least deviation from the Estes Park Development Code (EPDC). 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 zoning district containing the property for which the variance is sought. Staff Finding: The Applicant requests a variance to waive the occupancy term in order to provide a duty house for on-call staff. Employee housing is an accessory use permitted by right in the I-1 (Restricted Industrial) zoning district per Table 5- 2 of the EPDC. 7. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff has no recommended conditions of approval. Review Agency Comments The application was referred to all applicable review agencies for comment. No concerns were received. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, Staff received two (2) phone call inquiries for the variance request. Support of the proposed variance request was expressed. Written notice mailed to adjacent property owners on October 18, 2023. Legal notice published in the Estes Park Trail-Gazette on October 20, 2023. 6 Application posted on the Town's "Current Applications" website. Advantages This variance would allow the Applicant to proceed with remodeling the existing scale house to be used as a duty house for Water Division staff. Disadvantages There are no known disadvantages of the variance request to waive the occupancy term requirement for employee housing in the I-1 (Industrial) Zoning District at the subject property. Action Recommended Staff recommends approval of the proposed variance described in this staff report. Finance/Resource Impact N/A Level of Public Interest Low. Sample Motions I move to approve the variance request to waive the occupancy term requirement for employee housing in the I-1 (Industrial) Zoning District for the subject property addressed as 1360 B Brook Drive in the Town of Estes Park, with findings as outlined in the staff report. I move to approve the variance request to waive the occupancy term requirement for employee housing in the I-1 (Industrial) Zoning District for the subject property addressed as 1360 B Brook Drive in the Town of Estes Park, with conditions \[state conditions\] and with findings as outlined in the staff report. I move to deny the requested variance with the following findings \[state reason/findings\]. I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that \[state reasons for continuance\]. Attachments 1. Application 2. Statement of Intent 3. Water Division Duty House Plans 7 BUUBDINFOU!2 ESTES APPLICATION Submittal Date: Type of Application Condominium Map Boundary Line Adjustment Development Plan Preliminary Map ROW or Easement Vacation Special Review Final Map Street Name ChangeTime Preliminary Subdivision Plat Supplemental Map Final Subdivision Plat Minor Subdivision Plat Variance Request Amended Plat Other: Please specify General Information Project Name Scale House Modifications Remodel the Scale house to turn it into a duty house for Water employees Project Description Project Address 1360 Brook Dr., Estes Park, CO 80517 Legal Description Lot 1, Final Plat of Kearney Minor Subdivision, County of Larimer, State of Colorado Parcel ID # 2531425901 Site Information 5.6 acres Lot SizeArea of Disturbance in Acres Existing Land Use Town facility Proposed Land Use Town facility Existing Water Service TownWellNone Other (specify) Proposed Water Service TownWellNone Other (specify) Existing Sanitary Sewer ServiceEPSDUTSDSepticNone Proposed Sanitary Sewer ServiceEPSDUTSDSeptic Is a sewer lift station required?YesNo Existing Gas ServiceXcelOtherNone I-1 restricted industrialI-1 restricted industrial Existing ZoningProposed Zoning Site Access (if not on public street) Are there wetlandson the site?YesNo Site staking must be completed .Yes No Primary Contact Information Complete? Reuben Bergsten Name of Primary Contact Person 1360 Brook Dr., Estes Park, CO 80517 Complete Mailing Address Primary Contact Person isOwnerApplicantConsultant/Engineer Attachments Application fee Digital Copies of plats/plans in TIFF or PDF format emailed to Statement of intentplanning@estes.org copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Please review the Estes Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment Revised 20 Contact Information Record Owner(s) Town of Estes Park Mailing Address P.O. Box 1200, Estes Park, CO 80517 Phone 970-586-5331 Cell Phone Fax Email Reuben Bergsten Applicant Mailing Address 1360 Brook Dr., Estes Park, CO 80517 Phone 970-577-3583 Cell Phone Fax Email Consultant/Engineer Mailing Address Phone Cell Phone Fax Email APPLICATION FEES For development within the Estes Town limitsSee the fee schedule included in yourapplication packet or view the fee schedule online ll requests for refunds must be made in writing.All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Applicant PLEASE PRINT: Signatures: Record Owner Date Applicant Date Revised 20 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 materialsand 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 Development Code (EDC). I acknowledge that I have obtained or have access to the EDC,and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing ofand decision on the application. The Estes Development Code is available online at: http://www.estes.orDevCode 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 EDC. I understand that this proposal 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 Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may 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. Names: Upxo!pg!Ftuft!Qbsl Record Owner PLEASE PRINT: Applicant PLEASE PRINT: Sfvcfo!Cfshtufo-!Upxo!pg!Ftuft!Qbsl!Vujmjujft!Ejsfdups Signatures: Record Owner Date Ejhjubmmz!tjhofe!cz!Sfvcfo!Cfshtufo EO;!D>VT-!F>SCfshtufoAFtuft/psh-!PV>Vujmjujft-!P>Upxo!pg!Ftuft! Qbsl-!DO>Sfvcfo!Cfshtufo Sfvcfo!Cfshtufo Applicant Date :.29.3134 Ebuf;!3134/1:/29!1:;51;37.17(11( Revised 20 BUUBDINFOU!3 September 18, 2023 To: Town of Estes Park Community Development, RE: Statement of Intent for Scale House modifications project The Town of Estes Park Water Division is submitting a variance request for an accessory dwelling at 1360 Brook Drive, Estes Park, Colorado to be used as employee (duty) housing for terms less than 30 days. ,¤¦ « $¤²¢±¨¯³¨®­ Lot 1, Final Plat of Kearney Minor Subdivision, County of Larimer, State of Colorado Found in warranty deed recorded at Reception No. 20180039673 dated 06/29/2018 in the Larimer County Clerk and Recorder records. 6 ±¨ ­¢¤ 2¤°´¤²³ § 5.2.C.2.a.(1)(c) in the Estes Park Water Division is requesting occupancy term of less than 30 days. 0±®©¤¢³ $¤²¢±¨¯³¨®­ The Town of Estes Park acting by and through its water activity enterprise purchased the property at 1360 Brook Drive in 2018 and uses it for its Water Division operations. At the time of purchase, the property was used for an excavation construction company and it included a structure to the east that was used to weigh trucks hauling construction aggregate. The structure is called the scale house. The Water Division seeks to remodel the scale house to make it suitable for temporary use by on-call duty staff, during emergencies or in bad weather. The . Water operators are on-call (duty) for a week-long period, rotating through staff members. On-call staff must be able to quickly respond to our treatment plants or on-site to a distribution leak or customer complaint. Staff living outside the Estes Valley can use the duty house while on-call, responding to emergencies, or during bad weather, resulting in intermittent use of less than 30-days. The less than 30-day use does not align with the development code restrictions. The scale house will be solely used as employee housing when needed and is not for lease or rent. 0± ¢³¨¢ « $¨¥¥¨¢´«³¸ 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG 970-577-XXXX Utilities Department Water Division email@estes.org The structure can be used as storage, but it is deteriorating and needs to be repaired for use. The variance would not have a noticeable impact on the neighborhood. The structure is present on the lot and would be aesthetically improved and better kept if used as employee housing. Alternative solutions can be found. For example, a cot can be set up in the office for emergencies or bad weather. This is not an ideal or long-term solution and would not work for employees on duty. 3. .® µ ±¨ ­¢¤ ²§ «« ¡¤ ¦± ­³¤£ ¨¥ ³§¤ ²´¡¬¨³³¤£ ¢®­£¨³¨®­² ®± ¢¨±¢´¬²³ ­¢¤²  ¥¥¤¢³¨­¦ ³§¤ ¯± ¢³¨¢ ¡«¤ ³§¤ ¥®±¬´« ³¨®­ ®¥   ¦¤­¤± « ±¤¦´« ³¨®­ ¥®± ²´¢§ ¢®­£¨³¨®­² ®± ²¨³´ ³¨®­²ȁ This is not applicable to the variance requested. 4. .® µ ±¨ ­¢¤ ²§ «« ¡¤ ¦± ­³¤£ ±¤£´¢¨­¦ ³§¤ ²¨¹¤ ®¥ «®³² ¢®­³ ¨­¤£ ¨­  ­ ¤·¨²³¨­¦ ®± ¯±®¯®²¤£ ²´¡£¨µ¨²¨®­ ¨¥ ¨³ ¶¨«« ±¤²´«³ ¨­  ­ ¨­¢±¤ ²¤ ¨­ ³§¤ ­´¬¡¤± ®¥ «®³² ¡¤¸®­£ ³§¤ ­´¬¡¤± ®³§¤±¶¨²¤ ¯¤±¬¨³³¤£ ¥®± ³§¤ ³®³ « ²´¡£¨µ¨²¨®­Ǿ ¯´±²´ ­³ ³® ³§¤  ¯¯«¨¢ ¡«¤ ¹®­¤ £¨²³±¨¢³ ±¤¦´« ³¨®­²ȁ The variance requested will not alter the lot size or increase the number of building sites. 5. )¥  ´³§®±¨¹¤£Ǿ   µ ±¨ ­¢¤ ²§ «« ±¤¯±¤²¤­³ ³§¤ «¤ ²³ £¤µ¨ ³¨®­ ¥±®¬ ³§¤ ±¤¦´« ³¨®­² ³§ ³ ¶¨««  ¥¥®±£ ±¤«¨¤¥ȁ This is not applicable to the variance requested. 6. 5­£¤± ­® ¢¨±¢´¬²³ ­¢¤² ²§ «« ³§¤ "/! ¦± ­³   µ ±¨ ­¢¤ ³®  ««®¶   ´²¤ ­®³ ¯¤±¬¨³³¤£Ǿ ®±   ´²¤ ¤·¯±¤²²«¸ ®± ¡¸ ¨¬¯«¨¢ ³¨®­ ¯±®§¨¡¨³¤£ ´­£¤± ³§¤ ³¤±¬² ®¥ ³§¨² #®£¤ ¥®± ³§¤ ¹®­¤ £¨²³±¨¢³ ¢®­³ ¨­¨­¦ ³§¤ ¯±®¯¤±³¸ ¥®± ¶§¨¢§ ³§¤ µ ±¨ ­¢¤ ¨² ²®´¦§³ȁ 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG 970-577-XXXX Utilities Department Water Division email@estes.org Per table 5-2 in section 5.2 of the Estes Park Development Code the I-1 zone permits employee housing as accessory use. {źƓĭĻƩĻƌǤͲ Ejhjubmmz!tjhofe!cz!Sfvcfo!Cfshtufo EO;!D>VT-!F>SCfshtufoAFtuft/psh-! PV>Vujmjujft-!P>Upxo!pg!Ftuft!Qbsl-! Sfvcfo!Cfshtufo DO>Sfvcfo!Cfshtufo Ebuf;!3134/1:/29!1:;54;21.17(11( bğƒĻ wĻǒĬĻƓ .ĻƩŭƭƷĻƓ źƷƌĻ ƚǞƓ ƚŅ 9ƭƷĻƭ tğƩƉ …ƷźƌźƷźĻƭ 5źƩĻĭƷƚƩ 170 MACGREGOR AVE. P.O. 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