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HomeMy WebLinkAboutVARIANCE Landscape Buffer 1774 Highway 66 2016-06-071774 ighway 66 — Landscape Buffer Variance 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 Fax970-586-0249 www.estes org ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE & LOCATION: June 7, 2016, 9:00AM; Board Room, Town Hal, 170 MacGregor Avenue APPLICANT REQUEST: This is a request for a variance to Estes Valley Development Code (EVDC) Section 7.5.F.2.b(3) Landscape Buffering and Screening and 7.5.G.2.b(1) Parking Lot Landscaping. The Variance would allow a 12.5-foot wide street and parking lot landscape buffer in lieu of the 25-foot wide required buffer. The purpose of the Variance is to allow for e-development on an existing developed site. Staff recommends approval. LOCATION: 1774 Highway 66, within the unincorporated Estes Valley. VICINITY MAP: See attachment APPLICANT/OWNER: Jennifer Johnston STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION: This is a request to grant a variance to allow for a 12.5-foot street landscape and parking lot buffer in lieu of the required 25-foot buffer. The A -Accommodations zone district requires a 25-foot landscape buffer along all Arterial Streets. HWY 66 at this location is considered an Arterial Street due to the ROW width being at least 60-feet. The proposed parking lot requires a 25-foot landscape buffer along HWY66 as well. The applicant has proposed a 12.5- foot buffer along the entire length of the property abutting the street. The site has gone through the Development Plan review phase to re -develop the site into a Resort Lodge/Cabin use. This involves remodeling the existing cabins and lodge building as well as constructing two new cabins and a private recreational hall. The Development Plan was approved on March 29, 2016. The landscape buffer width requests cannot be approved at a staff level, therefore a Variance has been requested. REVIEW CRITERIA: in accordance with Section 3.6 C. "Standards for Review" of the IEVDC, 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. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to 14 surrounding property owners. A legal notice was published in the Trail Gazette. The application is posted on the department "Current Applications" webpage. The site has been posted with a "variance pending" sign. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comments as of June 2, 2016. Any written comments received after this date will be posted to the "Current Applications" webpage under public comment. 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: The property was originally developed in the 1970's with three cabins along the river. The topography of the site allowed for development along the river as well as on the upper portion of the site. A lodge style building currently exists close to the HWY. The property has been used with this configuration for the last 40 years. The current gravel parking area on the site parallels HWY 66 and - ' 4 %; z';% includes approximately 20-feet of buffer area between the parking area and street right-of-way. With the Amended Plat and Development Plan application, an additional 10-feet of ROW was required to be dedicated, reducing the existing buffer area. The parking area is proposed to be formalized with asphalt, curb and gutter. Code requirements for this type of development at this location call for a 25-foot landscape buffer along HWY 66. Providing a 25-foot street landscape and parking lot buffer would require the parking area to be reduced by 12,5 feet, which would eliminate the drive aisle and make the existing and proposed parking inaccessible. 11,Foovivivill,1„„„n,1)1,1,,11111 0111 ,,„..z14,;'111,1111111 ooll11111111111,1,1,1,11111V11111111111111mu II I !111111111111111111\11111? II'll'iliiii11111111111111111111111111111111111111111111111111111111111111110000000000000011000000V1 11111 11 Figure 1 Evisiing -.1Ny7r" und grovel parking area ii""ill111111 Staff feels strongly that the site had many constraints pre -development plan and has addressed many through the review process. The Variance request would relieve practical and topographic difficulties associated with re -developing an existing site. 1774 HWY 66 — landscape buffer variance Page 2 of 4 2. n 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 configuration of the site may continue to be used. Any substantial re- development of the site will require a Development Plan which would require the landscape buffers. The existing buffer is not Code compliant in regards to width or landscape units. Right now the strip of land is merely grass and dirt. The proposed landscape buffer shall consist of a mix of trees, shrubs, and boulders. b. Whether the variance is substantial; Staff Finding: The Variance request is for a 50% reduction from Code requirements from 25-feet to 12.5- feet. The parking area location is bellow the view plain of HWY 66. The proposed landscaping will also help to shield and buffer parking from the road. The existing grass area in the additional 10-feet of ROW will not be altered. 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 character of the neighborhood would not be substantially altered, and the adjoining properties would not suffer a detriment (no impact to view corridors, drainage, migration corridors, etc). Staff believes the re -development proposal would enhance the neighborhood. The current parking area will not be drastically altered in regards to size or location. It will be asphalted and include curb and gutter. Additional parking area is proposed on the western portion of the site that would include the same 12.5 landscape buffer width. This additional parking area consists of 5 parking spaces required for the west cabin. The west cabin is currently under construction. This cabin alone did not require a Development Plan, just a building permit. The entire re -development proposal triggered the Development Plan. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. All public service locations were approved with the development plan. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant stated they were under the assumption that HWY 66 was a Minor Collector Street based off the Larimer County classification. Through the Amended Plat process, additional ROW was required to be dedicated. Per Code, any street with a 60-foot ROW or greater is designatedas an Arterial Street. With this higher intensity designation, landscaping standards increase from a 15-foot buffer to 25-foot. 1774 H Y 66 — landscape buffer variance Page 3 of 4 Whether the Appiicant's predicament can be mitigated through some method other than a variance. Staff Finding: Because this is a re -development project, the constraints of the site are numerous. Meeting landscaping Code standards would require the existing parking area to be moved to the lower portion of the site. This would conflict with FIRE access requirements and river setback requirements. Formalizing the existing parking area is the most practical solution for this property. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The Variance request is a result of additional ROW dedication through the Amended Plat and Development Plan process. A Variance would be the least deviation from Code that would allow the site to re-deveiop as proposed. 4. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: All proposed landscaping shall be irrigated per the approved Development Plan. The applicant shall also provide as-builts for the parking area and sidewalks which shall ensure compliance with the approved plans. Staff does not believe additional conditions shall be placed on this request. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variance CONDTIONAL TO: No recommended conditions SUGGESTED MOTIONS I move to APPROVE the requested variance with the findings and conditions recommended by staff. I move to DENY the requested variance with the following findings (state reasonlfindings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan 1774 HWY 66 — landscape buffer variance Page 4 of 4 olll Ifl u 000,v11l,0 Illllllllllmlll p���� 111111111111111111111111 'I NII000000 pll'1'01;0011100111111111111111111110 0 0 010 0 0 0 101 umNllllllW�� ll """"N'M'M'lll'M'll ,Jµ°IMI il�llll° �n?n�n �j r mY„„wi louuuu �M , m da D„ IIM�IIIIIII�� ' 0000000000000000000000000 klllllll i 010111, iWo 4�ul�u�fl lllfl0lmW uuuuuuuuuuuuuuuuuuuuuuuum MIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII' Project: 1he Landing at 1 Park Owner: Landing 1 Jay and Jet] Johnston Address: 1 774 lligh‘vay 66. Estes Park. Colorado 80517 Subject: Variance Request for Landscape Buffer Abutting Arterial Street. Drieay in Parking lot, and landscape Buffer Makeup Reference: Ustes Valley Development ('ode, 7.5„1.2,bt'3) and 7,5.(1.2.1)(1) 'This variance request is for a reduction in the landscape buffer of 1.2.5 feet 1.br the portion of the property ahutting the arterial street of the .1.lighway 66 Spur. Tine land is zoned A Accommodations under the current Estes Valley 'Development Code. ".The landscaped buffer minimum is 25' for a property abutting an arterial street and we request that we be authorized a 50°/0 reduction, or a 12.5' landscaped buffer. The requestis a result of the existing infrastructure constructed in the .1970's, the topographical constraints of the property given its proximity, to the river, and an existing sewer easement identified through the site development process and addressed herein. Requested variance: Section 7,5, F.2.b(3) and 7.5,G.2.b(1) - Landscaping and Buffers, Arterial Street Buffer Width -Required: 25from the property line -Requesting: 12.5' from the property line The property is known as Lots 4A & 5A. of the Spanier Subdivision to be amended into one lot as part of the site development plan. The property is in the development review process to have 3 additional structures added, upgrade from well to city water, upgrade the property to proper electricity capacity, and improve road infrastructure/layout. It was approved at the Staff Planning level at the end of March with a few conditions. The condition is that the project needs to obtain a variance from the Estes Valley Board of .Adjustment for .the landscape buffer abutting the arterial street of the Highway 66 Spur. The following represents the Standards for Review in the Estes ValleyDevelopment Code for a variance request: 1. Special Circumstances or Conditions Exist This property has been worked and reworked to get through the development review process over the last eight months and many changes have been made to the project to meet requests by the reviewing agencies. The property has numerous constraints that have constricted development of the site to a very narrow portion of the 1.71 acres. Topography: The 1.71 acres is located along a bend on the Big Thompson River. The previous owners constructed three riverside cabins in the 1970's but development can no longer take place within 30 feet of the river. From the river the property slopes uphill approximately 20' to a shelf before rising another 20' to the grade of the highway 66 spur, The -shelf' area of the property is approximately 30' wide and is the only area that can be used for development. Existing Easements: 'Fhe property has an easement with the Upper 'Thompson Sanitation District of 15'for sewage lines. This easement bisects the property parallel to the river which creates a minimum 45' ,development standoff from the river's edge (30river setback + 15' sewer ea.sement), Existing Structures: The existing structures on the property were constructed in 'the 1970's and. have existed in an "as is" state 'tbr the last 40 years. As such the main house was built close to the highway 66 spur (30') with the 'vehicle entrance to the property immediately to its front leaving very little space for an adequate parking area. 'Through the process of working with the town planners, and the development classification of the highway 66 spur, 10 feet was added to the Right of Way (ROW). 7Ihis addition to the ROW greatly limited the ability to meet the 25' landscape buffer requirement while maintaining a 'usable driving entrance and parking lot for guests visiting the property as well as the ability for emergency vehicles to access the property in case of a fire. To counter the impact of both the landscape buffer and parking lot safety the owners at great expense worked with the Fire Marshall to develop and expand the, parking lot to create a new drive that meets the grade required. by the Town Firetrucks to more easily access the lower portion of the property while protecting all existing and future infrastructure from fire. The drive and parking lot expansion 'improved the ability to screen the parking lot with a suitable landscape buffer through the elevation change from the highway while also providing enough parking spaces for guests. However, it greatly impeded on the area previously referred to as the "shelf' limiting the feasibility of building further structures and making the financial viability of the development of the site impossible. 2. "Practical Difficulty" a. Whether there can be beneficial use ofthe property without the variance? The property is zoned A -Accommodations and is classified as a High -Intensity Resort/Lodge. It has the potential for 7 additional structures. We are requesting to only add 3 structures and to maximize parking in order to adhere to existing code,. the Fire Marshall's requests, public safety within theparking lot, and to maximize as much open green space throughout the property. b. Whether the variance is sub.slantial? We do not believe the variance is substantial. The purpose of landscape buffers is to shield unsightly aspects of development such as parking lots from the view plain of visitors utilizing the road and enjoying our beautiful mountain setting. The topography of the land sloping down and away from the highway 66spur, and the parking/road improvements already paid for by the owners to further reduce grade, places the parking lot below the view plain of passersby and will be further obscured by the 12.5' landscape buffer that will be utilized if granted the variance. c. Whether the essential character of the neighborhood'avould be substantially altered or neighbors would suffer a substantial detriment as a result of the variance?' There would not be a substantial altering or a major impact on the surrounding properties, and existing gravel driveway would actually be moved further from highway 66. The surrounding properties are zoned A- Accommodations. They are built to a much higher density as they were developed well before current code and are subject to the similar topographic constraints of the slope from the highway down to the river. d Whether the variance 1/1'0111(1 affect the delivery of public .services? This variance request makes access to the propertysafer and easier. The landscape buffer variance allows the parking lot to be safely navigated. while improving the sight lines :for oncoming traffic at the entrance. There are no apparent conflicts with public services. e. F1'heiher the Applicant purchased the. property Ivith knowledge of the requirement? The applicant was .unaware of the development classification requirement of the Estes Valley tbr setbacks l'rom the highway 66 spur. 'fhe 66 spur is classified by Larimer County as a minor collector based on traffic volume which should not have increased the Right of Way setback. The Fstes Valley considers it an arterial for development purposes to .allow for the existence of trail easements and future sidewalks. Now understanding the intent of the Estes Valley Development Code this is the best solution to meet all of the needs requested. Whether the Applicant 'S predicament can he mitigated through ,some other method? The applicant can mitigate the predicament by reducing the size of the parking lot but it .would not allow for future structures to be added given the aforementioned topographical and easement constraints. Other parking scenarios were discussed at length throughout the process but none could satisfy the proper amount of parking spaces for guests and the Fire Marshall's request to easily access all structures in the case of an emergency. Additionally, no other parking arrangements could meet the requirements given the inability to develop the property within the river setback and existing sewer easement. "[his solution is the best for all parties involved.. 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. The special circumstances in this case are the review process that led to this solution. After several iterations, this became the best ,solution for all parties involved. 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. This will not increase the density beyond the allowable density. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. This is theminimal request. 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. This will not occur with this request. 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. ESTES VALLEY BOARD OF ADJUSTME T APPLICATIO Submittal Date: 4TT Record Owner(s):. 1 ,--., Street Address of Lot: ..) i-,, (c., •(.-- ,c,,i,e4. r A v L.__ (1:::...., 'Rri Legal Description: Lot: 4-1. fi, Block: Tract: 4°' 14,01 Subdivision: Parcel ID # : (-1. ite Information Lot Size Existing Land Use Proposed Land Use J 2. Zoning Existing Water Service r-- Town r Well r Other (Specify) Proposed Water Service 1,4Town r Well r Other (Specify) Existing Sanitary Sewer Service r- EPSD $t,, UTSD r Septic Proposed Sanitary Sewer Service r EPSD UTSD t— Septic Existing Gas Service cel r Other r None Site Access (if no on public street) Are there wetlands on the site? r Ye Variance Variance Desired (Development Code Section #): — , Primary Contact Information f Name of Primary Contact Person :314A Complete Mailing Address — L. EOre-r3 "4- Primary Contact Person is ,,..Fe-4Dwner r— Applicant r Consultant/Engineer Application fee (see attached fee schedule) Statement of intent (must comply with standards set forth in Section 3.6.0 of the EVDC) X 1 copy (folded) of site plan (drawn at a scale of 1" 20') ** 1 reduced copy of the site plan (1 11'" X 17") HDigital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org he site plan shall include information in Estes Valley Development Code Appendix B.VIL5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. ox ac e o venue ;T. Cornmunity Development Department Phone:. (9701 577-3721 Fox: (9701 586-0249 www.estes.org/ConnmunityDeveloprnent Revised 2013.88 27 KT loo,,,'11111ou 11'011 „n„.„110„.11,111,1,1,1,1.1.11.11.1.1„11VIPI.,113111„„.„1111„„„.......4,111101011111111iiiiill'In.n.11111111 „1111111A1p11111111111,11'',,,:i'll 'Aih0,0111,1111111y,'.,11,1,'Iqlr ',', 1,11,1;4 '110'716.o, „10,111,0, ,i11111?111"'1'1,',111111111111111100 111111:41', tadt1.111fil Orfrriat I .11...1i1111111111341.1„...„ " 11 1111...:14V,11.1111111131.1. 11111V1111111111111111111?1""';;;;,1,y1111111111111111111111111111111111111111WII:111111111111111111111111101011.4111111111111111,111,1,; „:„ 1,111114,,,I „,.111.1111111.11nph„,1,1,10 ,0111,1111111111111111,1,10,11 Record Owner(s) Mailing Address Phone Cell Phone Fax Email Applicant Mailing Address Phone Cell Phone Fax Email Consultant/Engineer 4 4. AZnrLr.(4,4 Mailing Address_ Phone Cell Phone Fax Email 4.„ APPLICATION FEES For variance applications within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: http://www.estes,orq/ComDev/Schedules&Fees/PlanninoApplicationFeeSchedule.odf All requests for refunds must be made in writing. All fees are due at the time ofsubmittal, eved 2013.08..27 KT PPLICANT CERTIFIC TION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property, In submitting the application materials arid signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, Il have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://wwvvestes.orqtCornDev/DevCorte I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC, understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. OP I understand that a resubmittall fee will be charged if my application is incomplete. lb- The Community Development Department, will notify the applicant in writing of the date on which the application is determined to be complete. to. I grant permission for Town of Estes Park Employees and Mernbers of the Board of Adjustment with proper identification access to my property during the review of this application. II acknowledge that I have received the Estes Valley Board of Adjustment Variance Application' Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void, I understand that full fees will be charged for the resubmittal of an application that has become null and void, Is. I understand that 1 am required to obtain a "Variance Notice" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked, I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment hearing. Names: I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA null and void." (Estes Valley Development Code Section 3.6.D) Record Owner PLEASE PRINT: Applicant PLEASE PRINT: Signatures: Record Owner Applicant Date I ir)oo L Date 1fil..)0L Revised '2013.08.27 rf oor H (31,MIX0,19dd,) ONKr118E1 8,1•1180814•JUN 311,5 Al.1208PrO 0RW1 ',NOJLVCIWOIU)JY EYJNOX S',19V,r(14) 5Pai,01\n'' !00 Y1'110'418 , h I C ENTER UT EASEI,AE1,11. r :Et (VACATED MID "911n PLAT) 1-171 t] -,4i• :171' ini32" D5'55"0 t‘n TT() TT8 188'1 ,81 ,fnt E 4,t 98 22* TO REFER 418CE CO9NEN ,JASIS OF 1,, EAR NG)) C EA ER) IN E FAD EMENT 11E) VACATED 1nnt T1 11,19 -TAT31000/3 ) 0.112,40,0101Witt &CO litnalT10,1W 1,1.411130 81304 31,