HomeMy WebLinkAboutVARIANCE Square Footing Requirements 531 S Saint Vrain Ave 2000-11-29Lot 37, White Meadow View Place
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
DATE: 11-29-00
REOUEST: Variance from the square footage requirements of Sections 5.2.C.2.a
(2c) and (3a)
LOCATION: 551 S. St. Vrain
. PROJECT DESCRIPTION
AND BACKGROUND:
S1'1'E DATA
Owner: Ed O'Dell
Zoning: CO, Commercial Outlying
Property Size: 0.88 acres
Existing Use: Service Station
Proposed Use: Service Station with
related employee housing
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Variance from the square footage requirements of Sections 5.2.C.2.a (2c) and (3a) to
allow an employee housing unit in an existing office/storage building on the site.
These standards normally require the following:
• (2c) Individual dwelling units used for employee housing shall not exceed eight hundred (800)
square feet of gross floor area.
• (3a) Commercial/Retail/Industrial/Recreation Uses: One (1) unit of employee housing per two
thousand two hundred fifty (2,250) square feet of gross floor area of the principal use(s).
The existing building proposed to be converted to employee housing is approx. 964 s.f.
(164 s.£ over the limit) and the existing service station building is approx. 1320 s.f. (930
s.f. under the required minimum ).
II. REVIEW CRITERIA: All applications for variances shall demonstrate
compliance with the standards and criteria set forth below:
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.. The special circumstance is the existing accessory
structure that is located on the property, this structure has been used for
office purposes in the past and it does not lend itself to expansion of the
principal use on the site. Also, it is staff opinion that granting this variance
will not have the effect of impairing the intent of this code.
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; The property can be used without the variance.
b. Whether the variance is substantial; The variance on (2c) is twenty
percent over the limit. The variance on (3a) is forty seven percent
under the required minimum ( excluding the area of the pumps ).
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; no detrimental
impact is expected to the character of the neighborhood.
d. Whether the variance would adversely affect the delivery of public
services such as water and sewer; no
e. Whether the Applicant purchased the property with knowledge of
the requirement; no
Page #2 - Agenda Item #
f. Whether the Applicant's predicament can be mitigated through
some method other than a variance.
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.
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.
5. If authorized, a variance shall represent 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.
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.
. REFFERAL COMMENTS AND OTHER ISSUES: This request has been
submitted to all applicable reviewing agency staff for consideration and comment.
No significant issues or concerns were expressed by reviewing staff relative to
code compliance or the provision of public services.
IV. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing,
staff finds:
The special circumstance is the existing accessory structure that is located on
the property, this structure has been used for office purposes in the past and it
does not lend itself to expansion of the principal use on the site. Also, it is staff
opinion that granting this variance will not have the effect of impairing the
intent of this code.
Page #3 - Agenda Item #
Staff recommends granting the variance request (Variance from the square footage
requirements of Sections 5.2.C.2.a (2c) and (3a) to allow an employee housing
unit in an existing office/storage building on the site ) with the following
conditions:
1. Standards. Employee housing shall be subject to the following
development and operational standards:
• Dwelling units used for employee housing shall comply with
all applicable provisions of this Code.
• A minimum of one (1) off-street parking space shall be
provided for each unit of employee housing, in addition to the
required parking for the principal use or business.
• Employee housing shall be occupied only by the owner,
operator, caretaker or an employee of the principal use, plus
his or her immediate family.
• Employee housing shall not be occupied or rented for a term
of tenancy less than thirty (30) days.
• Employee housing shall not be rented to the general public
(nonemployees) for accommodation or residential purposes,
except that where employee housing has been provided for a
seasonal summer work force, such housing may be used for
residential purposes only (not accommodations) during the
off-season with approval of Staff.
2. Restrictive Covenant Required.
(a) Employee housing units provided pursuant to this Section shall
be deed -restricted for a period of time no less than twenty (20)
years to assure the availability of the unit for long-term
occupancy only by employees of the principal business use,
(that is, owners or employees of the service station
business). Such restriction shall include a prohibition of short-
term rentals (less than thirty [30] days) and/or rentals to the
general public of the unit.
(b) Removal of the covenant shall require approval of the
applicable Board and shall require a finding of exceptional
practical difficulties or undue hardship if the restrictions are not
removed.
(c) The mechanism used to restrict the unit shall be approved by the
Town or County Attorney.
3. All life -safety issues, as determined by the Chief Building Official,
shall be brought into compliance as for new construction.
4. The spruce trees shall be planted along the street frontage as per
the prior Development Plan approval.
Page #4 - Agenda Item #
GREGORY A. WHITE
Attorney At Law
November 21, 2000
ROBERT B. JOSEPH,
SENIOR PLANNER, COMMUNITY DEVELOPMENT
TOWN OF ES'IES PARK
PO BOX 1200
ES'IES PARK, CO 80517
Re: Variance Request — O'Dell Office/Residence — O'Dell
Dear Bob:
I have the following comment:
The applicant requests a variance from Section 5.2 (a) (2) (c) and 5.2 (a) (3) (a), of the
Estes Valley Development Code. If the Board of Adjustment desires to grant said
variance, it is my recommendation that the motion for approval contain a statement
which limits use of the employee housing unit to employees of the business as is
contemplated in the Estes Valleylevelopment Code sections cited above.
er,.3:ours,j24
ory A. White
GAW/bf
Loveland, CO 80538
1423 West 29th St. (970) 667-5310
Fax (970) 667-2527
Community
Development
To: Robert Joseph, Senior Planner
From: Will Birchfield, Chief Building Official
Date: November 27, 2000
Re: Variance Request, 551 South St. Vrain Avenue
The 1997 UBC, Section 3405 requires "No change shall be made in the character or use of any
building that would place the building in a different division of the same group of occupancy or in a
different group of occupancies, unless such building is made to comply with the requirements of this
code for such division or group of occupancy." (Copies of the '97 UBC, Section 3405 and Tables 3-A
and 3-B are attached.)
Since the property is currently being used for storage and office purposes, a residential use would
constitute a change of use. Therefore, any variance to approve a residential use should require all life -
safety issues, as determined by the Chief Building Official, be brought into compliance as for new
construction. Life -safety issues include, but are not limited to, smoke detectors, egress requirements,
appliance locations, stair and handrail requirements, guardrail requirements, and occupancy
separations.
" -
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TO: GREG WHITE, TOWN ATTORNEY
BILL LINNANE, PUBLIC WORKS DIRECTOR
RICHARD MATZKE, LIGHT & POWER DIRECTOR
SANITATION DISTRICT
SCOTT DORMAN, EPVFD
WILL BIRCHFIELD, ESTES PARK CBO
FROM: ROBERT B. JOSEPH
SENIOR PLANNER
SUBJECT: O'DELL OFFICE/RESIDENCE
LOT 37, WHITE MEADOW VIEW PLACE
551 S. ST. VRAIN
VARIANCE REQUEST
November 14, 2000
Enclosed please find an Estes Valley Board of Adjustment Application for the above referenced
property. This request was submitted by Petitioner Edward ODell. It will be considered by the Estes
Valley Board of Adjustment on Tuesday, December 5, 2000, at 8:00 a.m. in the Board Room
(Room 130) of the Municipal Building, 170 MacGregor Avenue.
Please submit any comments you may have regarding this request as soon as possible, but no later
than Friday, November 24, 2000.
ALSO, PLEASE SEND A COPY OF YOUR COMMENTS TO THE APPLICANT OR
AGENT AT THE ADDRESS SHOWN BELOW.
Edward O'Dell
P.O. Box 916
Estes Park, CO 80517
FAX: 970-577-1234
Thank you for your comments.
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0970) 5868333"i * RC). BOX 1200 * 170 MAC GIRJEGOR AVENUE, * II:STUB PARK, CO 80517 * 1"AX (971„) 586-024.9
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November 17, 2000
TO: ADJACENT PROPERTY OWNER
RE: O'DELL OFFICE/RESIDENCE
LOT 37, WHITE MEADOW VIEW PLACE
551 S. ST. VRAIN
VARIANCE REQUEST
PETITIONER: EDWARD O'DELL
Please find information enclosed regarding a request to the
Estes Valley Board of Adjustment pertaining to property which
is adjacent to yours. Applicant requests a Variance from the
square footage requirements of Sections 5.2.C.2.a (2)(c) and
(3)(a) to allow an employee housing unit on property in an
existing detached building.
This request will be considered by the Estes Valley Board of
Adjustment on Tuesday, December 5, 2000, at 8:00 a.m. in the
Board Room (Room 130) of the Municipal Building. You are
welcome to attend this meeting.
Should you have any questions, desire additional information,
or if you would like to comment on the proposed requested,
please contact me at the address or telephone number listed
below.
Sincerely,
TOWN OF ESTES PARK
Community Development Department
Robert B. Joseph
Senior Planner
Enclosure
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