HomeMy WebLinkAboutVARIANCE Public Comment 1665 Highway 66 2016-09-16
Ascent.
September 16, 2016
Estes Park Community Development Department
PO Box 1200
Estes Park, CO 80517
Dear Mr. Gonzales:
I write this letter on behalf of S&E Enterpriseswith the purpose to clarify and document the current status
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Ascent Planning Solutions asserts the failure to either comply with or appeal Town Board conditions of
approval rendersthe application null and void, and any land use approvals will require a new land use
application. EVDC Section 3.2.E.2 provides 30 days to comply with conditions of Board approval. A
condition of approval of the July 26 2016 Town Board action was approval of a variance from the Board
of Adjustment. The applicant did not contest this condition of approval and a hearing for the required
variance was scheduled for September 13. At that time the BOA disapproved the variance.
We believe the application is null and void due to inability to comply with accepted conditions of Town
Board approval.
Should the Department determine otherwise, we believe revisions to accommodate the loading area
exceed the authority of staff to modify the approved plan. We basethis belief on the fact that a variance
to waive or modify this requirement.
Finally, we assert the there is no development plan approved for the proposed use. Public record
indicates the Planning Commission failed to take action on the development plan within the allowed
timeframe and in accordance with Section 3.1.D the development plan was rendered denied. The
applicant did not exercise their rightof appeal to the Town Boardwithin the specified timeframe. This
Respectfully,
David W. Shirk
David W. Shirk, Principal
cc: Estes Valley Planning Commission
Estes Valley Board of Adjustment