HomeMy WebLinkAboutVARIANCE Zoning Lot 2 De Ville Sub 1978-05-01d'y
TOWN OF ESTES PARK
BUILDING DEPARTMENT
NOTICE OF APPEAL
DATE: 5-1-78
Address all communications to the Building Inspector, Post Office Box 1200, Estes Park,
Colorado 80517.
This is a petition for a variance of the Zoning Ordinance. It must be on file at the office
of the Building Inspector, Town of Estes Park; 10 days before any meeting of the Board of
Adjustment.
A $25.00 (twenty-five dollar) fee to cover costs of processing appeals and requests for
variances shall be paid to the Town Clerk prior to any hearing.
The Petitioner or Representative should be present at the meeting.
All variances granted by the Board of Adjustment shall become null and void if a building
permit has not been issued and paid for and work thereunder commenced within four months
from the date the variance was granted.
Address of Lot or Tract:
DeVille Sub. Lot #2 Highway #7
Estes Park, Colo.
Number Street
Legal Description: Lot #2 Block Tract Sub. DeVille
Owner's Name: Fred C. DeHaan, Jeanne L. DeHaan, Wayne T. Pocierha, Jacquelihp Z-
Pociecha
Address of Owner: Both- Longs Peak Rt. Estes Park, Colo. 80517
Number Street P.O. Box City Sate ZIP 5P8
cle54
Petitioner's Name: Fred DeHaan, Jeanne DeHaan, Wayne Pociecha, Jacqueline 586-5551
Pociecha
Petitioner is: Owner Yes Lessee Agent
586-5590
Address of Petitioner: Longs Peak Rt. Estes Pk, Colo. 80517
586-5551
Number Street P. O. Box City State ZIP Phone #
lo Appe.1 -TL-zoe-jr5 5 ,,-,1-5.,-pro-cf,.>, a C-2 7...0
Specific Variance Desired:'1 For the use of normal businesses as in retail stores,
shops for branches of trades, as in electrical & glass & stores probably
used for the tourist & local trade.
State why it is not practicable to comply with the ordinance:
C-2 zoning does not
comply with our building needs & since there is already retail stores in this
area we feel a variance is applicable.
(Additional sheets or data may be attached)
Name(s) a dress(s) of all adjacent property owner(s):
korY n
L.27G-/K -SY-AT/VAY/ &itisren.2 7-7,/ 6,-/ i_ic-LS' e5'lf
_ j3—,4
L7- 3ii64FTE
Azir '1/0 kee.,/,,,z,e,0 44' 73 - 3 Pi-LO'T C2_54 1)iq VCkt..3,-q
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I hereby waive notice of hearing and consent a2eaon
DATE:
OWNER:
Date and time of the Board of Adjustment Meeting:
Signature
(It is understood that only those points specifically mentioned are affected by action taken
on the appeal.)
HARTWELL, BABCOCK & WHITE
ATTORNEYS AT LAW
Phone 667-3126
217 E. 7th Street P.O. Box 5
Loveland, Colorado 80537
April 25, 1978
Ernest G. Hartwell
Colton W. Babcock, Jr.
Gregory A. White
Mr. Richard D. Widmer
Director
Public Works Department
Town of Estes Park
P.O. Box 1200
Estes Park, Colorado 80517
Dear Mr. Widmer:
I am writing in reply to your letter of April 21, 1978,
for my opinion regarding the proposed use of Lot 2, DeVille
Subdivision.
It is my Opinion that the proposed uses outlines in your
letter would not be permitted in the C-2 zone which you ad-
vised me said lot is located.
As you indicate, the next step would be the rezoning of
Lot 2 to allow such uses. It is my opinion that just to rezone
said lot could result in the action of the Town being designated
as spot zoning and such zoning has been prohibited by the Colorado
Supreme Court. If just said lot is rezoned, the property owners
of the other property in the area could bring an action to have
the rezoning declared in violation of Colorado law.
For your information, I give you the following definition
of spot zoning: Spot zoning is defined as the process of singling
out a small parcel of land for use classification totally different
from that of the surrounding area, for the benefit of the owner of
such property and to the detriment of other owners. The Supreme
Court has stated in regard to spot zoning as follows: In deter-
mining whether an ordinance constitutes spot zoning, the test is
whether the proposed change was made with the purpose of furthering
the comprehensive zoning plan, or is designed merely to relieve a
particular property from the restrictions of existing zoning regu-
lations.
If such rezoning is to be considered, I would recommend that
the Plannint Cowmission and Town Board consider rezoning a whole
area and that the comprehensive zoning plan of the Town be taken
into consideration in regard to such zoning.
Mr. Richard Widmer
April 25, 1978
Page Two
If you have any further questions, please advise me.
Very±ruly yours,
Ernest G. Hartwell
EGH/jm
CC: Mr. Dale Hill/