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HomeMy WebLinkAboutSTAFF REPORT Variance 1855 North Lake Ave 2004-02-03 DATE OF BOARD OF ADJUSTMENT MEETING: February 3, 2004 LOCATION: The site is located at 1855 North Lake Avenue in the Town of Estes Park. LEGAL DESCRIPTION AND PARCEL IDENTIFICATION NUMBER: Lot 7, Block 2, Lone Pine Acres Addition. PID 2520312007 PETITIONER/PROPERTY OWNER: William G. Van Horn/Yakutat Land Corporation, Rex Ross Walker STAFF CONTACT: Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) APPEAL: Per EVDC §12.1.C Appeals from Final Decisions by Staff “a party-in interest may appeal a final decision made by Staff in administrating or interpreting this Code. All such appeals shall be taken to the Board of Adjustment, except that appeals from Staff decisions on use classifications and separate lot determinations shall be taken to either the Board of County Commissioners or Board of Trustees, as applicable.” The petitioner is appealing the staff decision that “It is the determination of the Town that there was no ongoing business activity of vehicle sales on the property as of February 1, 2000. Therefore, prior to conducting any vehicle sales business on the property including, but not limited to, application for sign permit, building permit and/or business license through the Town, Yakutat must first obtain Special Review for vehicle sales approval under the applicable provisions of the Estes Valley Development Code.” This determination was provided by Bob Joseph, Community Development Director, in a letter to Yakutat Land Corporation on December 9, 2003. This letter explains the basis for the determination. Staff has made three written requests for documentation of the vehicle sales use. Please refer to the Notice of Violation sent by Jeff Sigler on July 16, 2003, the November 3, 2003 letter from Bob Joseph to Bill Van Horn, and the December 9, 2003 letter from Bob Joseph to Yakutat Land Corporation. To date no documentation has been received except the affidavit signed by Rex Ross Walker on November 17, 2003, which is in the Board of Adjustment packets. Staff thinks this is insufficient documentation. This is a 0.47 acre lot according to the Larimer County Tax Assessor website and it is zoned “CO” Outlying Commercial. Vehicle sales is a use permitted by special review in this zoning district. Special review applications are reviewed by the Estes Valley Planning Commission and Estes Park Town Board of Trustees. This appeal has been submitted to the Town Attorney and to property owners within 100 feet of the property for consideration and comment. The Town Attorney submitted a letter to Alison Chilcott dated January 9, 2004. The map and photo below show the location of 1855 North Lake Avenue. Page #2 – 1855 North Lake Avenue Appeal of a Staff Decision Appeal of a Staff Decision 1855 North Lake Avenue 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