HomeMy WebLinkAboutSTAFF REPORT 500 Big Thompson Ave Variance Parking Structure 2015-08-27
Estes Park Transit Facility
Building Setback, Height and EntranceVariance
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200,Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
E STES V ALLEY B OARD OF A DJUSTMENT
MEETINGDATE:
September 1, 2015
REQUEST:
A Variance from Estes Valley Development Code Sections:
1.4.4, Table 4-5, which establishes a maximum building and structure height of 30
feet and a maximum setback of 16 feet in the CD Commercial Downtown district.
The roof of the main stair tower extends to a height of 32’0” above grade, with
the proposed light poles on the top level extending 47’6” from grade.
As noted below, most of the property is located on U.S. Bureau of Reclamation
land currently managed by the Estes Valley Recreation District. Therefore, the
applicant must gain final approval through the Federal Government. The
applicant has modified the site plan to comply with setback requirements.
However, because it is possible that the Bureau will request additional
alterations, staff recommends that the Board consider a setback variance of 4’0”,
should the Bureau make such a request in the future.
2.4.4.D.2.a, which requires that the main entrance of all buildings in the CD district
be oriented to the frontage highway.The intent of this standard is to create a
building wall in the downtown area, with all businesses having main entrances
along the sidewalks.
Background
Thisproject proposes to replace an existing surface parking lot with a four level 414-
space structured parking facility. The parking structure will be located south and across
the river from the Visitor Center, and will utilize the existing access from Highway 36.
The area included as the project includes a small portion of Town-owned land zoned CD
to the west, with the remainder of the site being federally owned, yet locally managed by
the Estes Valley Parks and Recreation District. Given the unique site, staff reviewed the
proposal with the assumption that the entire site is zoned CD. The rationale for this
decision is that this is a critical entryway to downtown and that any future rezoning
would likely be to CD.A similar height and setback variance were granted in 2014 for
the original site.
The applicant received development plan approval from the Estes Valley Planning
Commission on August 18, 2015, conditional to these variances being approved.
LOCATION:Lot 1, Visitor Center Subdivision; Lot 3, Stanley Meadows Addition.
APPLICANT/OWNER:
Lot 1: Town of Estes Park
Lot 3: Rocky Mountain National Park
STAFF CONTACT:PhilipKleisler, Planner II
REVIEW CRITERIA:In accordance with Section 3.6 C. “Standards for Review” of the
EVDC, all applications for variances shall demonstrate compliance with the applicable
standards and criteria contained therein.
The Board of Adjustment is the decision-making body for this application.
Stanley Village
Safeway
Stanley Hotel
Project Site
HWY 36
Figures 1a (above) and 1b (below): Proximity of Site to Nearest Buildings
Light and Power
To Visitor
&
Project
Center
Fire District
Site
HWY 36
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Setback Variance Request
REFERRALAND PUBLIC COMMENTS:This request has been routedto reviewing
agency staff and adjacent property owners for consideration and comment. A legal
notice was published in the Trail Gazette.
Affected Agencies. No concerns were expressed during review.
Public.As of August 24, 2015nowritten commentshasbeen received; comments
received after this date will be posted at www.estes.org/CurrentApplicationsfor the
Board’sreviewand summarized in the staff presentation.
STAFF FINDINGS:
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
compliancewith 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:Staff finds that special circumstances and conditions exist.
The purpose of having a maximum setback in the CD district is to ensure a
continuous “commercial street wall”. In this particular area, there is no
established street wall, as is found in the central downtown area.
Furthermore, the site is nestled between thehighway and river, limitingsite
designoptions.
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 surface parking lot can remain.
b.Whether the variance is substantial;
Staff Finding:Staff finds the variance is not substantial.
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 would not be
substantially altered with the approval of this variance. Similar to the
original variance request, the applicant proposes to ensure that lighting
meets the functional and security needs of the structure, while minimizing
impacts to adjacent properties. Unlike the original submittal, the existing
Estes Park Transit FacilityPage 3of 6
Setback Variance Request
grade on this site will naturally screen most of the first two levels from the
public street, thus creating much less of a visual impact.
d.Whether the variance would adversely affect the delivery of public services such
as water and sewer.
Staff Finding:Affected agencies expressed no concerns relating to public
services for this variance.
e.Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding:The applicant will lease this property from the Federal
government.
f.Whether the Applicant's predicament can be mitigated through some method
other than a variance.
Figure 2: Land Use of Subject Property
Figure 5:Zoningof Subject Property
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Setback Variance Request
Staff Finding:Given the highway and river location the proposed structure
location is the best fit for the site.
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:The conditions as submitted in this variance petition are not
general orrecurrent in nature.
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: 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:Staff findsthe variance representsthe least deviation from
the regulations that will afford relief.The applicant has shown good faith by
adjusting the size and layout of the structure in part to achieve code
compliance.
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: As with the original proposal, a single use is proposed:
Park and Ride Facility, which is a Use-By-Right in the CD Commercial
Downtown district.
7.In granting such variances, the BOA may require such conditions as will, in its
independent judgment, secure substantially the objectives of the standard sovaried
or modified.
Staff Comment.Should the variance be obtained,staff recommends that
a registered landsurveyor verify building placementand height.
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Setback Variance Request
STAFF RECOMMENDATION:
Staff recommends APPROVALof the requested varianceconditional to:
1.Asetback and height certificate shall be required.
SUGGESTED MOTIONS
I move to APPROVEthe requested variancewith the findings recommended by staff.
I move toDENY the requested variance with thefollowing findings (state reason/findings).
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Setback Variance Request