HomeMy WebLinkAboutVARIANCE Special Review 1851 Norh Lake Ave 2015-04-07
Lot6, Lone Pine Acres Addition
Outdoor Display Variance Request
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:
April 7, 2015
REQUEST:
This request is for a variance from the following Estes Valley Development Code
(EVDC)sections:
1.5.1.R.1, which prohibits vehicle displays in the front setback area. The
applicant proposes to use an existing vehicle display pad that is located in the
setback area; and
2.5.1.R.4, which allow up to one (1) vehicle display pad per 100 feet of street
frontage. The applicant proposes two (2) display pads on a lot that allows for
100 feet of street frontage.
On February 24, 2015, the Estes Park Town Board approved the Special Review use of
Backbone Adventure Rentals. The applicant has opened his business for the season
and is seeking a variance to allow for two (2) outdoor vehicle displays pads located
within the front setback area. The requested display areas are not beyond the scope of
the Special Review approval, as the locations were label on the development plan as
potential outdoor display areas.
The land use designation for the site is CO Commercial Outlying and it is located within
the Lone Pines Acres subdivision (platted in 1960). The site is accessed from North
Lake Avenue, a local road parallel to Big Thompson Avenue. The property borders a
parking lot to the east (used by Sombrero Stables), a vacant commercial building to the
west and single family homes to the north. The site is developed with two (2) buildings,
each roughly 3,100 square feet.
LOCATION: 1851 North Lake Avenue (Town)
APPLICANT/OWNER:Kenneth Hitch, Applicant/Jess Reetz, Engineer
STAFF CONTACT: Phil Kleisler, 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.
Figure 1 (above): Display pad #1. Figure 2 (below): General area of display pad #2.
REFERRALAND PUBLIC COMMENTS: This request has been routed to 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.
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Outdoor Display Variance Request
Figure 3: Adjacent Land Uses
Single Family
Residential
CommercialSombrero
Stables
Public.As ofMarch 31, 2015, nopublic commentshavebeen received. omments
received after February 24, 2015 will be posted at www.estes.org/CurrentApplications
for the Board’sreviewand detailed 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
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: Staff finds that special circumstances and conditions exist
relating to the location of thesouthern building. The building, constructed
in 1960 was built up to the front property line. The location of the building
leaves any suitable display area towards the rear of the lot. Furthermore,
the building screens the easterly display area westbound traffic, and the
westerly area from eastbound traffic.
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 business use is approvedand may continue.
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Outdoor DisplayVariance Request
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. The westerly display
pad was previously used to display vehicles.
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 knew of this limitation when entering a lease
with the property owner.
f. Whether the Applicant's predicament can be mitigated through some method
other than a variance.
Staff Finding: The only other display areas on the site would be towards
the rear of the lot and screen by buildings from public view. Therefore, it
appears that this variance request is the only method by which to have
functional vehicle display locations.
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 and recurrent in nature. The building location is unique relative to
other sites in the area.
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.
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Outdoor Display Variance Request
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding: Staff is unaware of another alternative to permit vehicle
displays.
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: The use, classified as Equipment/Vehicle Sales and
Rentals, was approved through a Special Review application on February
24, 2015.
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 Comment. No action is recommended.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the proposed variance request.
SUGGESTED MOTIONS
I move to APPROVE the requested variance with the findings recommended by staff.
I move to DENY the requested variance with the following findings (state reason/findings).
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Outdoor Display Variance Request