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Home My WebLink AboutVARIANCE Setback 900 W Elkhorn Ave 2012-10-02r Fall River Lodge 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 ESTES VALLEY BOARD OF ADJUSTMENT MEETING DATE: October 2, 2012 REQUEST: (1) Variance from Estes Valley Development Code (EVDC) Section 7.6.E.1.2(b) which requires buildings and accessory structures be setback a minimum of 50 feet from the annual high water mark of river corridor and (2) a variance from EVDC Section 7.6.E.2 which requires accessory structures be setback at least 50 feet from the edge of a wetland. If approved, this will allow a gravel path and two flagstone patios to remain in the locations shown on the attached site plan. The patio is within 16 feet +/- river per the plan and the path encroaches into the wetlands. LOCATION: 900 W. Elkhorn Avenue (Fall River Lodge) within Town limits (Lot 2 Witt Subdivision) APPLICANT/PROPERTY OWNER: Robert and Carol Fixter PROJECT DESCRIPTION AND BACKGROUND: The purpose of the variance request is to allow a gravel path and two flagstone patios to remain in the location shown on the attached site plan. The requested variance is the first of a series of land use approvals needed to bring the property into code compliance. The attached May 3, 2012 email from Dave Shirk to Bob Fixter describes other needed approvals. The request before the Board of Adjustment concerns the river and wetlands setback variances on Lot 2, Witt Subdivision only. Engineer/Surveyor/Consultant: Parcel Number: Existing Land Use: Zoning Designation: Cornerstone Engineering and Surveying 35234-22-001 Accommodations — Small Hotel A-1 Accommodations/Low Intensity Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District ADJACENT LAND USES AND ZONING IIIIIIIIII,,pM wi �� Ilu�uGtm�uuu J I1dll oii9 m uu n ��11IN J r o I� I II��I�ht �iiIq�ulil�i ' Illfll' lfiR IVlIIlti.o J 1,,!liiiiiii1ll alai llu lIlllllllaPlE!I 900 West Elkhorn Avenue A-1—Low-lntenstyAccommodatrons - Previously Outlying Commercial HINAI E -Estate Single -Family Residential E-1- Estate Single -Family Residential Co - outlyia Commercial'' Elkhorn Lodge 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. These standards are included in the Board notebooks. _ ........._...._.l Estes Valley Board of Adjustment, October 2 20E ° 900 st ElkhoAvedaal Lodge Variance Request Page 2 of 5 REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to reviewing agency staff and adjacent property owners for consideration and comment. A legal notice was published in the Estes Park Trail Gazette. Reviewing agency and public comment is attached for Board review and consideration. Public comment submitted prior to receipt of variance application is not attached, but is available for review in the Community Development office, with the exception that Mr. Wynstra requested his prior letters be included. 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 Finds: The Statement of Intent notes that "a worn fisherman's trail previously followed the majority of the constructed path." The flagstone patios could have been constructed in compliance with the minimum required setbacks. The Board of Adjustment should determine whether or not approval of the requested variances will nullify the purpose and intent of the wetlands and river setback requirements, which are intended to: Promote, preserve and enhance the important hydrologic, biologic, biological, ecological, aesthetic, recreational and educational functions that stream and river corridors, association riparian areas and wetlands provide (EVDC 7.6 Purpose and Intent). The statement of intent notes improvements made to the wildlife habitat by the current property owners due to trash and fence removal. The Estes Valley Development Code does allow for recreation, education or scientific activities in buffer/setback areas provided a management plan establishes long-term protection. Public trails have been constructed in setbacks in accordance with this code provision. To date, staff has not interpreted this so broadly as to allow removal of wetlands or construction of patios for wedding use. 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: There can be a beneficial use of the property without the variance. The small hotel can continue to operate. Estes Valley Board of Adjustment, October 2 2012 900 West Elkhorn Avenue - Fall River Lodge Variance Request Page 3 of 5 b. Whether the variance is substantial; Staff Finding: The Board should use their best judgment if the requested variance is substantial. The gravel path and patios encroach into river and wetlands setbacks and have impacted wildlife habitat. The applicant's statement of intent notes noted they improved wildlife habitat on the property by removing trash and fencing habitat. 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: Staff finds that if the patios are used for weddings or gatherings with music and at night, it may have a substantial impact on the character of the adjacent residential neighborhood. Adjacent property owners have expressed concerns about neighborhood impacts and detriment, as described in the attached letters. d. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The minimum required river and wetlands setbacks were in place at the time the time the property owner's purchased the property in 2011. The applicant proceeded with construction of the gravel path and patios without the required land use approvals. e. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Comment The applicant could remove the portions of the path and patios that do not comply with the Estes Valley Development Code and construct a code compliant patio and gravel path. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Comment Given that the patios and gravel path are constructed, the requested variance represents the least deviation. Prior to construction other options were available. 4. 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. If the Board votes to approve the requested variance, recommended conditions of approval are below. Estes Valley Board of Adjustment, October 2 2012 900 West Elkhorn Avenue - Fall River Lodge Variance Request Page 4 of 5 STAFF RECOMMENDATION: If the Board chooses to approve the requested variances, staff recommends approval conditional to: 1. Compliance with the memo from the Division of Building Safety dated September 27 2012, which includes the requirement to obtain floodplain and grading permits for completed work. Permits shall be submitted no later than October 19, 2012 and any required work shall be completed no later than November 2, 2012. 2. The applicant shall submit a management plan that establishes long-term protection of the buffer/setback area no later than November 2, 2012. SUGGESTED MOTION: I move to APPROVE the requested variance to allow the building to remain as constructed ... (state reason/findings). I move to DENY the requested variance with the condition that revised plans be submitted for review and approval within 30 days and full compliance within 90 days... (state reason/findings). Note: If not completed within this time frame staff will pursue additional code enforcement action (which may include court) Estes Valley Board of Adjustment, October 2 2012 !°", 900 West Elkhorn Avenue - Fall River Lodge Variance Request Page 5 of 5 11111111 on 111111111 900 W. Elkhorn Dave Shirk <dshirk@estes.org> To: bfixter@aol.com Cc: Alison Chilcott <achilcott@estes.org>, Lowell Richardson <Ichardson@estes.org>, Greg White <greg@gawhite.com>, Will Birchfield <wbirchfield@estes.org> Hello Mr. Fixter, Thu, May 3, 2012 at 7:33 PM This correspondence is intended to provide a summary of your proposed wedding use and the recent development activity near the river for your property located at 900 W. Elkhorn. Flagstone Patio, Bridge, and Gravel Pathway The flagstone patio, bridge, and gravel pathway recently installed required variances and permits. Lot 1. In order to keep these improvements in place, you will need to apply for and obtain a variance from the Estes Valley Board of Adjustment for flagstone patios and bridge on Lot 1 that are within the 50 foot -river setback river and/or wetlands setback. The flagstone patio can extend 30 percent into 50-foot river/wetlands setback, without a variance. This means the patio can be located 35-feet from the high water mark of the river or the edge of wetlands without a variance. If you apply by May 23rd, the Board of Adjustment can review your application on July 3rd. If you would like to apply by May 23rd, please contact us as soon as possible. you will need to apply for a temporary use permit. We can review a temporary use permit for the three weddings you have booked with approximately 80 i guests per wedding. Please note, staff has concerns about wedding parties of this size, specifically the impact on the surrounding single-family residences, and may not be able to approve wedding parties of that size. When you apply, please address hours, number of people, wedding location, and crowd control (noise, street crossing, trespassing), parking (e.g. letter from the Church agreeing to parking), street crossing for staff review. If you have any questions about the temporary use permit application and review standards we provided to you at our last meeting, please feel free to meet. Alison Chiic t, Direct Comma'mummity Vcvci men Town Est, PO Box 12'00 170 MacGregor Avenue (970) 577-3720 (.ham N, (970) 586-0249 (fax) achilcott estes.org www.estes.org Pa Review Date: 2012-09-27 Review By: WB Variance Request Review Lots 1 & 2 Witt Subdivision — 900 W. Elkhorn Ave. The Division of Building Safety has reviewed the application for the Estes Valley Board of Adjustment for the above -referenced property and has the following comments. ❑ All new construction shall comply with all applicable accessibility laws. It is the responsibility of designers, developers and owners to comply with laws that Town staff does not have the authority to interpret nor the responsibility to enforce, such as ADA, Federal and State Fair Housing Acts, etc. Additionally, the designer shall specifically detail how the proposed development shall comply with the accessibility requirements of the 2009 IBC, Chapter 11. ❑ The designer shall address accessibility requirements, as required for all areas of primary function on commercial properties. Detailed accessibility specs are required. ❑ A detailed Code Analysis by a Colorado Design Professional is required. ❑ Grading plans and permits are required prior to and are separate from building permits. A grading permit is required prior to any grading or excavation (Estes Park Municipal Code § 14.12.030) ❑ Floodplain Development permits are required for any and all activity in the floodplain. ❑ All construction documents shall be prepared by Colorado Design Professionals and shall bear the appropriate wet stamps. ❑ All requirements of approved variances shall be conditions of any and all permits related to this development, now and in the future. C:\DOCUME-1\KARENT-1.ENG\LOCALS-1\Temp\Temporary Directory 1 for 900w_elkhornave.....,_WWvariancerequestreview.zip\900 W. Elkhorn Ave._Variance Request Review.doc Revised 10/17/2006- CB APPLICATION REQUIREMENTS FLOODPLAIN DEVELOPMENT PERMIT Complete and submit a Town Floodplain Development Permit Application for any and all proposed construction activity within floodplain boundaries. (a) Accurately describe the proposed activity. (b) Do not complete the bottom portion of the Town Application/Permit. (c) Submit individual applications for each location where activity is proposed within the vertical boundaries of any watercourse channel. 2. If proposed activity occurs within the vertical boundaries of any water course channel: (a) Submit a copy of the relevant section of the applicable FIRM (Flood Insurance Rate Map), and identify the specific location of each activity. (b) Submit a copy of the appropriate river profile, from the flood insurance study, with the site of each activity accurately identified. (c) Submit an accurate cross section of the watercourse at the site of each activity. (d) Cross sections shall accurately specify both existing and proposed conditions. (e) Cross sections shall include both vertical (elevations) and horizontal dimensions (distances) and references (benchmarks). (f) Cross sections shall include the BFE, and both floodplain and floodway boundaries. (g) The Engineer of Record shall be responsible for monitoring all activities approved by the Floodplain Development Permit. A Letter of Compliance, from the Engineer of Record sha.1 be submitted upon completion of said activity, stating the work was performed in compliance with plans and specifications approved by the permit. (h) The Engineer of Record shall certify that the construction activity did not change (increase) the floodplain. Any and all construction activity within a watercourse channel (including its vertical boundaries), or within wetlands shall be approved by the Department of the Army (Corps of Engineers). (a) Submit a copy of the permit issued by the Corps of Engineers, or, (b) Submit a copy of the letter issued by the Corps of Engineers stating a permit is not required. (c) Contact Address: Department of the Army Corps of Engineers, Omaha District Tri-Lakes Project Office 9307 State Highway 121 Littleton, CO 80128-6901 Contact Person: Terry McKee 303-979-4120 Submit an accurate site plan, detailing all construction activity proposed within floodplain boundaries. (a) Identify floodplain and floodway boundaries. (b) Identify all reference marks (benchmarks). (c) Detail all property lines. (d) Submit documentation of all required easements. (e) Detail public right-of-ways. (Right -of -Way Work Permits may be required.) Submit construction plans and specifications, sealed by a Colorado Registered Engineer. Said Engineer shall be the Engineer of Record. Special inspections and letters of compliance may be required. 6. Submit $50.00 fee per Section 17.28.090 of the Municipal Zoning Code. Received Date Received By Town of Estes Park Application for Floodplain Development Permit Permit Number Name of Applicant Date Address Phone Location of Proposed Development: Description of Development: (residential, non-residential, mobile home, bridge utility crossing, etc.) NOTE: Attach to the application the following information where applicable: Plans in duplicate, drawn to scale showing the nature, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically the following information is required: (1) Mean Sea Level (MSL) elevation of the lowest floor (including basement) of all structures; (2) MSL elevation to which any structure is floodproofed; (3) certification by a registered professional engineer or architect that the floodproofing methods meet the community floodproofing criteria; (4) a description of the extent to which any watercourse will be altered or relocated; and (5) base (100-year) flood elevation data for a development or subdivision greater than 50 lots or 5 acres. The proposed development is located in the The Base Flood Elevation at the development site is: The following is to be completed by the Building Official Floodway Flood -fringe feet Source Document: Plan Review MSL Elevation or depth number to which the structure is to be elevated: feet MSL Elevation or depth number to which the structure is to be floodproofed: feet All necessary information and certificates are attached. ❑ Yes ❑ No ACTION O The proposed development is not in conformance with applicable Floodplain Management Standards (explanation attached). Permit is denied. O The proposal is not in conformance with applicable Floodplain Management Standards (explanation attached) and the application is referred to the Board of Adjustment for variance action. O I have reviewed the plans and materials submitted in support of the proposed development and find them in compliance with applicable Floodplain Management Standards. Permit is approved. Date Signature Building Construction Documentation Received The certified as -built MSL elevation of the lowest floor of the structure is feet, The certified as -built MSL floodproofed elevation of the structure isfeet Certificates of a Colorado registered professional architect, engineer or land surveyor documenting these elevations are attached. ❑ Yes ❑ No Certificate of Compliance Issued: ❑ Yes ❑ No Date Signature EZ. Inter -Office Memorandum To: Community Development From: Jeff Boles, Cliff Tedder and Steve Rusch Date: 9/18/2012 Re: Final/Public Review: Rezoning Request, 900 W. Elkhorn Avenue, Lots 1 & 2 Witt Subdivision The Water Department has no Final/Public Review comments for the above application. 111/12 Town of Estes Park Mail - Fwd: REFERRAL F � MMENT - Fall River Lodge Variance, Lots 1 & 2, Wit-. Fwd: REFERRAL FOR COMMENT - Fall River Lodge Variance, Lots 1 & 2, Witt Subdivision - FINAL REVIEW Karen Thompson <khompson@estes.org> To: Dave Shirk <dshirk@estes.org> Tue, Sep 11, 2012 at 3:07 PM Forwarded message From: Todd Steichen <tsteichen •,estes.org> Date: Tue, Sep 11, 2012 at 1:10 PM Subject: Re: REFERRAL FOR COMMENT- Fall River Lodge Variance, Lots 1 & 2, Witt Subdivision - FINAL REVIEW To: Karen Thompson <khompson@estes.org> Cc: 01 Greg White <greg • gawhite.com>, 02 Frank Lancaster <flancaster • estes.org>, 04 Scott Zum <szum • estes.org>, 05 Kevin Ash <kash@estes.org>, 06 Jen Imber <jimber estes.org>, 07 Susie Parker <sparker@estes.org>, 08 Jeff Boles <jboles * estes.org>, 09 Reuben Bergsten <rbergsten restes.org>, 11 Will Birchfield <wbirchfield estes.org>, 12 Scott Dorman <sdorman • estes.org>, 13 Eric Rose <erose@estes.org>, 14 Skyler Rorabaugh <skylerx:;evrpd.com>, 32 Rick Spowart <rick.spowart •.state.co.us>, 46 US Army Corps of Engineers <terry.a.mckee • usace.army,mil>, 51 Alpine Anglers - Trout Unlimited <alpineanglers •;;q.com> Light & Power has no concerns with this variance request. Todd. Todd J. Steichen Town of Estes Park Light & Power Division Line Superintendent 970-577-3601 tsteichen • estes.org On Fri, Sep 7, 2012 at 4:33 PM, Karen Thompson <kthompson estes.org> wrote: REFERRAL FOR COMMENT I This email is to notify you that Planning staff has accepted the variance application listed below as complete and scheduled it for review, tps://maldgoogle.com/mallpu1=2& ik=6ed2499adc&v iew =pt&search=inbox&th=13967288ea992801 UTILITIES & PUBLIC WORKS COMMENTS RE: Completeness Review: Variance Request, Fall River Lodge, 900 W. Elkhorn Avenue DATE: September 4, 2012 DEPARTMENT: Town of Estes Park Water STAFF CONTACT: Water Superintendent, Jeff Boles, boles estes.o 970-577-3608 COMMENT: The above Variance Request Application is complete for Water Department review. Should project design or scope change during the review process the Water Department reserves the right to request additional information as needed. DEPARTMENT: Town of Estes Park Light & Power STAFF CONTACT: L&P Crew Chief, Joe Lockhart, jlockhartestes.org, 970-577-3613 COMMENT: Light & Power has no comments or concerns with this request. DEPARTMENT: Town of Estes Park Public Works STAFF CONTACT: Civil Engineer, Kevin Ash, PE, kash estes.gr& 970-577-3586 COMMENT: DEPARTMENT: Town of Estes Park Building Department STAFF CONTACT: COMMENT: P.O. Box 568 • Estes Pak CO 80517 Ph: 970-586-4544 • Fax 970-586-1049 www.utsd.ota August 31, 2012 Dave Shirk, Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Variance/Rezoning Request 900 West Elkhorn Ave. Witt Subdivision Rezoning, Lots 1 & 2, A-1 to A Dear Dave: The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. The District has no objection to the variance or proposed rezoning request. If you have any questions or need further assistance, please do not hesitate to contact me. Respectfully, /1214' Todd Krula Lines Superintendent Environmental Protection 77trough Wastewater Collection and Treatment 9/12/12 Town of Estes Park," II - Variance request for 900 W. Elkhom C. Variance request for 900 W. Elkhorn Scott Dorman <sdorman@estes.org> To: Alison Chilcott <achilcott@estes.org> Alison, son cEata re a chi con Wed, Sep 12, 2012 at 11:04 AM The Estes Valley Fire Protection District does not have any concems with the variance request dated August 22, 2012, for the Fall River Lodge (Robert and Carol Fixture) located at the above referenced address. However, any bridge or building construction would need to be reviewed for potential obstructions during high water. Please let me know if you have any questions. Scott Dorman, Fire Chief Estes Valley Fire Protection District https://mail.google.com/mail/u/0/7u1=2&1k=5bb48ca637&v few =pt&search=inbox&th=139bb701bl lfcf48 '12/12 Town of Estes Park Mall - Fwd: REFERRAL FOR"IdMMENT - Fall River Lodge Variance, Lots 1 & 2, Wit... ri 111 Fwd: REFERRAL FOR COMMENT - Fall River Lodge Variance, Lots 1 & 2, Witt Subdivision - FINAL REVIEW (UNCLASSIFIED) Karen Thompson <kthompson@estes.org> To: Dave Shirk <dshirk@estes.org> Wed, Sep 12, 2012 at 9:31 AM Forwarded message From: McKee, Terry A NWO <Terry.A.McKee usace.army.mil> Date: Mon, Sep 10, 2012 at 7:58 AM Subject: RE: REFERRAL FOR COMMENT - Fall River Lodge Variance, Lots 1 & 2, Witt Subdivision - FINAL REVIEW (UNCLASSIFIED) To: Karen Thompson <kthompson@estes.org> Classification: UNCLASSIFIED Caveats: NONE Karen, If any work requires the discharge of dredged or fill material, and any excavation associated with a dredged or filll project, either temporary or permanent in an aquatic site, which may include ephemeral and perennial streams, wetlands, lakes, ponds, drainage ditches and irrigation ditches, this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Identify what the project is. Also, the work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal Degrees (example 40.55555; -104.55555) and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. Terry, Any questions call: Mr. Terry McKee U.S. Army Corps of Engineers Denver Regulatory Office 9307 South Wadsworth Boulevard Littleton, CO 80128 (303) 979-4120 ----Original Message --- From. Karen Thompson [mailto:kthompson estes.org] Sent: Friday, September 07, 2012 4:34 PM To: 01 Greg White; 02 Frank Lancaster; 04 Scott Zum; 05 Kevin Ash; 06 Jen Imber; 07 Susie Parker; 08 Jeff Boles; 09 Reuben Bergsten; 10 Todd Steichen; 11 Will Birchfield; 12 Scott Dorman; 13 Eric Rose; 14 Skyler Rorabaugh; 32 Rick Spowart; McKee, Terry A NWO; 51 Alpine Anglers - Trout Unlimited tps://mail. googie.com/maiilui=2&ik=6ed2499adc&v iew=pt&search=inbox&th=139bb1b3fa6b7698 rage ()I Subj: RE: Updates Please on 900 w. Elkhorn Date: 5/3/2012 2:51:11 P.M. Mountain Daylight Time From:Ll:i,"1:P"11 To: Kwinod Hi Ken- u C0 ,Ir;Y NflYDEYEL0PIVIEiVf Alison and I discussed this issue at length today. We expect the Fixter's to submit for a temporary use permit for weddings soon. We are communicating to the Fixters that if they desire to continue that use, they will need to apply for a rezoning to the "A" Accommodations district — this differs from the A-1 in that additional uses such as restaurants and wedding facilities are allowed; this is not a rezoning that our department would support. If they opt to apply for a rezoning, you would be duly notified. We are communicating to them the code violations regarding development in the river setback (trail/patios/bridge), and will outline their options (remove improvements and restore or apply for a variance); if they opt for a variance, you will be duly notified. David W. Shirk, AICP Planner, Estes Park Community Development 1200 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 ph: 970-577-3729 fx: 970-586-0249 dshirk@estes.org From: Kwynstra@aol.com [mailto:Kwynstra@aol.com] Sent: Tuesday, May 01, 2012 11:08 AM To: Dave Shirk Subject: Updates Please on 900 w. Elkhorn Hi Dave, Could you please give me updates on what is going on at 900 W Elkhorn and their Wedding Site plans. Neither Jackie Love (next door neighbor) or myself completely understood what was the final decision regarding that subject as you indicated Fixters may still be able to file for certain permits and what that entails. Thanks. Ken and Kay Wynstra Thursday, June 07, 2012 AM, Kwynstra .rage i of i RE,: Yesterday's meeting ( on June 5th) Subj: RE: Yesterday'sng (on June 5th) Date: /2012 2:55:22 P.M. Mountain Daylight Time From: f flancaster(estes.orq To: KtintrataoLcm Thanks Ken, please call me Frank, Alison and her staff had their hands tied somewhat in their ability to respond. I'm not sure what direction, , rection belie follow upfurther on this end 1 y initial I reaction � see where should this have been muchdifferently ' if anycame from the Trustees and before to re this stands. I'm so for not beingmore deciive on this, although I would like to be, �I have only been here two weeks and still getting the lay ofthe land. Frank —Original Message — From: Kwynstra©aol.com jmailto:Kwvnstra(aaoi.coml Sent Wed 616/2012 6:21 PM To: Frank Lancaster Subject Yesterday's meeting (on June 5th) Dear Mr. Lancaster, Is it o.k. to address you as Frank? Thank you for meeting with my wife Kay, Norm Love and myself regarding the "situation" at 900 West Elkhorn. I know time was short but we also know you have an extremely busy schedule. I feel it necessary to e-mail you because up to this point, you have not been informed of the situation of our and neighbors opinion, disaster regarding protocol of that property and the "go ahead" plans of The Fixters. From our knowledge and proof of that situation, they, "Fixters", never got permission from the building, planning department but just went ahead with their "Wedding Site" and even after the Town of Estes Park found out about what they had began, and had violated many things, continuance of that project proceeded with only a slight pause. The Town planning department told them they needed to put the wet land back to the original condition, remove the foot bridge across that part of the wet lands, had violated setbacks in the flood plain and it is still there with now talk from the planning department of possibly considering temporary usage and setback availability. Us and neighbors (16 and counting) have signed a petition asking for NO Wedding Site for the integrity of the neighborhood. PLEASE, do not allow this to happen in any way and the project must be stopped. It isn't as this is anything new as we and neighbors have been working against this since it began in March with NO Permits and it continues. Please read the letters written. Please keep us informed as we and neighbors will continue this objection and meetings until it is shut down. Why should violators care of violations as long as violators get what they have wanted anyway. Ken Wynstra, 890 West Elkhom September 17, 2012 TO: The Board of Adjustments, Trustees of the Town Board, and Frank Lancaster RE: Zoning and variance applications for 900 W Elkhorn and it's Adjoining lot We, Ken and Kay Wynstra live next door to 900 W Elkhorn, at 890 W. Elkhorn. Below are our reasons why the Fixter's should not be allowed these application requests. 1. Before the Fixter's purchased 900 W Elkhorn, the land was in a natural state for fishermen and animals. Fixter's have violated the 30-foot river setback, built a bridge on wetlands, cut two roads down the slope down to the river (and it appears, Fixters workers have thrown the trees cut down in the river and on "The Island ") — pictures enclosed), and have made walkways and sitting areas. Why has the City of Estes turned a blind eye to this? 2. Fixter's previously rezoned from Commercial to A-1 Accommodations, establishing a small hotel of 30 people. We believe this was to run their business in town and run a small hotel at the same time, with no supervision (as advertised in their VRBO add). Rezoning to A accommodations would allow them up to 100 people by non -guests for weddings and conventions. They already have their brochure in place. We, as next door neighbors, have endured their 30 person hotel all summer. There has been increased noise with children in the river and on the playground, reunions, weddings, and partying on the patio. Their swim spa, 65 feet from out bedroom window, has not been operational. We have experienced one wedding complete with wedding tent, lights, large speakers, DJ, and partying. We purchased our property for its natural beauty, mace and serenity. All that would be gone! There are already 38 wedding venues in Estes Park. This zoning would bring increased calls for noise violation enforcement, multiple cars and trucks, partying, and possible motor homes. 3. All the commercial lots they mention in their application are developed with single family residential homes. We are a residential neighborhood between Old Ranger Drive and Fall River Lane. One owner's exploitation should not demise an entire neighborhood with loss of financial investment and quality of life. There are 34 signatures' protesting this development on Fall River. Thank you for this consideration! Pictures enclosed. Respectfully, Ken and Kay Wynstra 7 �1 Iuulwlwulwliii uINM'I''' °000000im 0000000 IIII°'lV Gnu l0ll11l 111111 pV ul 1,IIIIIIIIIIIIIIIII 111111111111111111111111111111111111111111111111lllIII IIN�i uIIIIVI�,d��yg,IIY ulVlul i m,�,u w �uiiJ di1„VujVlll''1iisj°Y',pun„� I II II 11liuliuii1 � III III1II umuuu I„m 11ilim1111,1, Iul il9i �IYI �V�V''IIP' 'sp" ll°Ills"u111 Inn plllluul„ 1111011000000111111111101111 11'' �� m 111..11llllll 111 auuuu!pi IIIII1IIII,YP"'ul,l",1"Wr, Vlu u oli^wi n0,1 pup ?45 46 5 .„119Vdlmhlwmr''�i!��YVlj�p Sys h Qds b„40 Ze4 April 12, 2012 Town of Estes Park Departments of Planning and Development Building inspections, Permits, and any Departments concerned 170 MacGregor Ave. Estes Park, Colorado 80517 Neighbors of 900 West Elkhorn And the West lot adjacent to that address Petition to Not Allow a Wedding Site Dear officials of the Town of Estes Park, This petition is in regard to the possible consideration of allowing a Wedding Site either permanent or temporary at the Lot West of 900 West Elkhorn at the upper and lower part of that Residential Lot which is down by the River. We are neighbors and concerned citizens that in our opinion would be directly affected by noise, possible fire, possible intoxication of guests, sanitation issues (unsightly porta pots), unsightly portable tents, traffic danger and congestion, guests crossing West Elkhorn and disturbing the Peace and tranquility that a River brings to this area. We the owners and neighbors do hereby sign and register our concern and Petition to not allow this development. Names, Addresses, date of signing, ect. : /® /J44. (r,.. / s..7....L...... os ue° octet. ..... Estes Park Planning and Development Board of Adjustments, and Town Manager of Estes Park- Mr. Frank Lancaster Ken L. Wynstra 890 West Elkhorn Avenue Estes Park, Colorado 80517 It is with much anxiety that I feel it necessary to refute letters sent to you from Cornerstone Engineering and Robert and Carol Fixter of 900 West Elkhorn in Estes Park, Colorado. In my opinion, there are misleading and omitted "Truths" in these letters sent to you. All statements are my opinion and followed by what I belief IS THE TRUTH! Both of those letters were dated August 22, 2012. We as neighbors never saw trash, barbed wire, ect. and it seems to imply that area was a trash dump. That is not true. I had walked that area a few times before "Fixters"bought the property and other Neighbors did as well. Who knows if there was any real items listed but we certainly did not notice it. We DID NOTICE the wet lands which one could not easily walk through and understood that a large portion of the land Had to be in the Floodplain. In March and early April of 2012 there were chainsaws, bulldozer -bobcats, and gravel trucks delivering gravel and delivering flat flagstone and tearing up the hillside of "Fixters" property. This went on for a lot of days so the Saturday Morning after that horrendous week I felt I must go to "Fixters" and find out what was going on. I met Carol Fixter in their driveway and asked that question. Her reply was," we are building a Wedding site" and my reply was "Carol, you never told us that". Her reply back with a smile on her face was "Ken, we don't have to tell you everything". They didn't tell us everything and a few days later after meeting with E.P. planning department found out they had not told the Town of Estes Park either and had not applied for permits. We have 34 signatures on a petition in your information packet from neighbors who vehemently oppose this variance with the "Fixters and the next step of having a Wedding Site in a Neighborhood. Estes Park already HAS 38 Wedding sites and this is in a NEIGHBORHOOD! As you have probably experienced yourselves, modern Weddings are Party Time with Loud music (often with a D.J.) drunkenness, Police calls, sometime fights, loud and unpleasant use of words and whatever. Use your memory and imagination! "Fixters" somehow managed to forget or omit Wedding site in their letter to you. They are in many violations already and they just continued to pursue what they wanted. Another thing; was a defoliant sprayed down before the gravel and stonework? It washes into the River when it rains. If it wasn't, what will they do when grass and weeds come up ? Defoliant? This should have NEVER gone This Far and now they want to go further. PLEASE do not allow this to happen at The River or allow parking on the adjacent lot!! "SOME WOULD RATHER ASK FOR FORGIVENESS THAN ASK FOR PERMISSION" If that happens, what is the point of permits?? Who would bother to get them? ! /kJ Ig,tteL' Ken L. Wynstra_-- (970) 577-0887 or cell (970) 215.9749 rage iori Subj: Fixter Variance and Zoning Applications Date: 9/25/2012 9:48:39 P.M. Mountain Daylight Time From: Ong @,,, 1000 , ,r i To: � ff� e ,15. 1 g c ,,, ., CC: �b�i,,,..h�,n�ndb�a.��i�� ..,,�w Dllr We are long time residents on Fall River Lane directly across the Fall River from the Fixter's property at 890 an 900 West Elkhorn Avenue. As are many of our neighbors, we are seriously concemed about the excavation and degradation of wetlands and probable setback violations that have occurred on the Fixter's property, without the approval of or permitting from the Town or the Corps of Engineers. Further, we are opposed to the proposals to allow for large wedding and retreat functions to be held at the Fixter's house and Tots, considering the noise, traffic, and offensive behavior that may likely ensue. Neighbors have already been disturbed by the bright lights, and loud and late occurring music from a wedding celebration earlier this summer. We strongly support those local residents who have also expressed their opposition to the property owners' applications for variances and a possible zoning change. Donald H. Lickfett Gloria A. Lickfett 410 Fall River Lane Information from ESET NOD32 Antivirus, version of virus signature database 6950 (20120308) The message was checked by ESET NOD32 Antivirus. fhoA....,. areQo® Wednesday, September 26, 2012 AOL: Kwynstra September 27, 2012 TO: Alison Chilcott - Director of Community Development Department, Estes Park FR: Jon and Josiane Edy - Property Owners of 560 Fall River Lane, Estes Park RE: Fall River Lodge - 900 Elkhorn Ave, Estes Park As a follow up to our meeting on August 22, 2012 in your office, we wanted to provide you our thoughts on the recent Letter of Intent regarding the Fall River Lodge. During a visit to Estes Park in 2010, we fell in love with the town and immediately began looking for a home to purchase. We closed on our home on Fall River Lane in July, 2011. For us this was to become our second home for the time being with the future thought of it becoming our retirement home. We felt we did our due diligence in understanding the adjoining property zonings, including having a survey completed, during our time in which we decided to purchase our home. With certainty we can say, had one of the adjoining properties be zoned for "A -Accommodations", we would not have considered the purchase of this home. As you can imagine discovering months after the purchase that one of our new neighbor's intent is to change the zoning and develop wetlands for commercial use, we were appalled to think that the town of Estes Park would allow such a change in the natural setting of Elkhorn Estates. Rezoning from "A-1" to "A" Accommodations Impacts: • Noise/Disturbance level (music, sound systems) to increase as a result of having up to 100 people at the venue. • Increase in traffic/parking - where do up to 100 people attending the venue park their cars? • Handicap Access - What does handicapped access consist of regarding the proposed project? Is this included in the environmental impact report? • Managing curfews and intoxicated guests down by the river and on the home property -who is accountable for the guests? • Restroom access by the river? Port -A -Potty's by the river? • Property values will decrease for adjoining neighbors. • Property management along the river - how to keep guests off of others properties? • Trash and debris left by the up to 100 guests. • Increase in liability for damage to adjoining properties. Wetlands Impact: • We are concerned with the lack of compliancy with regards to the wetlands area close to the river given our current knowledge of the rules and regulations. htt st . ...N A ". _ ..•/ - �..... S/ I? �wul�,�➢ufe sfiatge co �s I,A�➢®WA`J'lER W1E VLA➢��SI It�iC1RA�VI WF"�LANDDZEGQ3I.AT➢O➢�➢S ,. Pages Wet➢an. Re u➢atuensas x • To date already there is a bridge built going over a standing water area. cal 7 • Also, there are two large flag stone areas (to our knowledge already used for two wedding ceremonies this summer) that are less than 30 feet of the high water mark of the river and within - 10 feet of our property line. • What happens to the wildlife that used to enjoy this area? Photographs: • Figure 1 o Shows the border of our property at 560 Fall River Lane and 900 Elkhorn. How will the river edge be protected from guests attending an event here? o Noted are sketches of what is currently developed on the lower part of the property at 900 Elkhorn. • Figure 2 o Map from Larimer County Assessor's office showing adjoining property lines. • Figure 3 o Access areas created to get to the river including the bridge that was built and does not seem to be mentioned in the Letter of Intent. • Figure 4 o Shows the flagstone gathering area by the river. o River erosion at the river edge already happening. • Figure 5 o Corner stake of our property at the river edge with flagstone gathering area in the background. In Summary: • We do not support the change in rezoning per the Letter of Intent. • We would be very disappointed in the Town of Estes Park should they agree to this change. • More than 34 adjoining neighbors also disagree with this rezoning proposal. • It is causing us to rethink our remodeling plans to make our home the dream home that we had intended to create at the time of purchase. • There is no easement in our deed to allow trespassing or traffic from adjacent property. It appears that the proposed project for the Fall River Lodge does not meet the high standard of quality of life that the residents in Estes Park currently enjoy which could certainly be jeopardized should a project like this become approved. In closing we greatly appreciate your consideration with regards to protecting our property that we truly enjoy in Estes Park. Since ly, M. Edy Josiane C. 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L ,,/ PPPpop.ta,q14,2,91.P„1„alaPyx„PPApP:P 36334100 352300013 470 351041808 16 116,,,11 6 ' 111%, J4EE/ Esnrfs 4LL3 , M3418014 6 6' 1533400011 .4666,1613 1"611' /4 fig' 7 , 6 Lqd ' "6046,16 • 6666/ 44E1/ 3533408001 1533401010 7/10/12 7:44 Pk f 'IV r [vidnir,,,, Map 3510400011 • 16111. 11,1 .1„v11,1 1111111 pi Ph' iii ppipm 1111111111111111 pi PH11 '1'1'1'1'1'1'1'1'1'1' 1111111111 . 25234 3523442003 tp://rnaps1 r org/apps/tcparlorator 1,16 fa x7PAR 3523422001 Page 1 of 1 01111fl� d „ MII,1hI0WIIi1I �111,114wwRAVii, 111,11f llllill��) 9/26/12 Town of Estes Park jleg Fixter Variance and Zoning Applications Fixter Variance and Zoning Applications donglor <donglorl@mindspring.com> To: achilcott@estes.org Cc: "Pinkham, Bill" <sbpinkham@beyondbb.com> Tue, Sep 25, 2012 at 9:48 PM We are long time residents on Fall River Lane directly across the Fall River from the Fixter's property at 890 and 900 West Elkhorn Avenue. As are many of our neighbors, we are seriously concerned about the excavation and degradation of wetlands and probable setback violations that have occurred on the Fixter's property, without the approval of or permitting from the Town or the Corps of Engineers. Further, we are opposed to the proposals to allow for large wedding and retreat functions to be held at the Fixter's house and lots, considering the noise, traffic, and offensive behavior that may likely ensue. Neighbors have already been disturbed by the bright lights, and loud and late occurring music from a wedding celebration earlier this summer. We strongly support those local residents who have also expressed their opposition to the property owners' applications for variances and a possible zoning change. Donald H. Lickfett Gloria A. Lickfett 410 Fall River Lane Information from ESET NOD32 Antivirus, version of virus signature database 6950 (20120308) The message was checked by ESET NOD32 Antivirus. htt eset.co https://mall.google.com/mail/u/O%NI=2&ikm5bb48ca637&view pt&search=inbox&thw 13a00b0cd1a843ec Stanton B. & Mary P. Peterson 460 Valley Road Fstes Park, CO 80517 (850) 543-1735 stan.peterson@cox.net September 24, 2012 Planning & Zoning Department Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Re: Variance and Rezoning Request for 900 West Elkhorn & Adjacent Lot To Whom It May Concern: We are extremely concerned about and opposed to the variance and rezoning request submitted by Cornerstone Engineering and Surveying, Inc. (CES) on behalf of their clients, Robert & Carol Fixter and the Fall River Lodge at 900 West Elkhorn and the adjacent lot. This variance was submitted after the fact that trees had been bulldozed, walkways constructed, and flagstone patios built within the Fall River setback and trail easement along the Fall River. This was a flagrant violation of city ordnances and disregard of the city's planning process. The Fixter's claim of ignorance of setback and floodplain requirements is irrelevant and quite frankly incredible given that they are the owners of another business establishment in Estes Park. As a fly fisherman and concerned environmentalist, I am astonished that this construction work was allowed to take place on essentially public property, and would like to see the owner's fined and required to return the land to it's natural state at their own expense. As property owners living a mere few hundred yards from the Fall River Lodge, we have experienced first-hand the noise and disturbance caused by the business. We have heard load music and loud voices coming from the business late into the night, and can only imagine what disturbances would be generated by a "100" guest wedding venue operating seven days a week. For this reason we are adamantly opposed to their request to change the zoning from A-1 to A. We are extremely proud of your hard work in making Estes Park a beautiful and desirable place to live, and hope that you will disapprove this variance and rezoning request. My great-grandmother built our cabin here in Estes Park in 1913 in a quiet and peaceful residential neighborhood, and we would very much like to see that character preserved. Yours Very Respectfully, Stan & Mary Peterson EJ 2 5 01? September 22. 20_: Keith & Sharon Carson 470 Fall River Lane Estes Park, CO 80517 (402) 332-2589 RE: Zoning and Variance Application for 900 W Elkhorn Ave and Adjoining Lot To whom it may concern: We choose to build our property on Fall River Lane because of the natural beauty of the neighborhood, the peace and quiet, and most of all the wildlife that roams freely throughout the yards and water. Because we are unable to enjoy our home as often as we like we decided to make it a rental property until we are able to retire and move to Estes Park permanently. We are against to rezoning 900 W Elkhorn Avenue Tots 1 & 2 to A accommodations. There are currently 38 wedding and event venues in Estes Park and our concern is that if the accommodations are changed the noise, chaos and parking will have a negative impact on the neighborhood, wildlife, the peace and quiet, and the number of renters that request to stay at our property year after year. This property is our home please don't change what we love about it. Thank you for your help with this matter. Sincerely, /74;c4--0 Keith and Sharon Carson I,9 ©/ C e. c, Yl e-rr Estes Valley Planning Commission Sept. 25, 2012 Dear Sirs: CO'„ muNITY.DEVE PmENT We are writing this letter to protest the request for a variance of zoning laws by Robert and Carol Fixter regarding the property at 900 West Elkhorn and adjoining lot. As we understand, they have already had one variance to allow them to change the zoning to allow a small hotel. Now they want to change the zoning again. The town, the planning commission and citizens have spent time and money and had lots of debate to establish these zoning laws. If they are constantly changed and variances allowed, we have wasted the time, money and effort spent establishing the zoning. This is a quiet family neighborhood and most of us have lived within the covenants that were in effect when we bought our property. It was our responsibility to check the zoning laws. We have already had one property that was built on a too -small lot and was allowed to happen. We don't need more of this kind of situation. The noise and traffic and parking problems for this new venue are not in character for this neighborhood and would be very disruptive. It probably would not bother us as much as it would the "closer" neighbors, but we do feel we should all be considered before changes are made. We feel the zoning laws should be enforced. We do hear the sound from Performance Park at our property, but it is not excessive and we feel it is for the good of the community, not for personal gain. If the proposed wedding/events site were to be allowed it would probably bring noise, chaos, drunkenness, a liquor license and possible police calls. For these reasons we feel the request for a zoning change should be denied and the bulldozing, etc. done against the regulations should be restored. For the Lane Family Trust Request for Variance and Rezoning, 900 W. Elkhorn, Witt Subdivision Owner — Robert & Carole Fixter We ask there be NO approval of requested variance, rezoning or development agreement on this property. We are in disagreement with the following requests cited on their application and attached submittal letters. PROJECT DESCRIPTION /AREA OF DISTURBANCE — Fixters protest that they were not informed by previous owner about "area of disturbance". It is not the responsibility of neighbors or Town to make adjustments because of their poor diligence prior to purchase. We purchased Lot 4 of the new Witt Subdivision and cleaned it up. Wynstras bought Lot 3 and cleaned it up. Fixters bought Lots 1 & 2 and cleaned them up. That's what every responsible person does. Fixters do not deserve any special consideration for this. VARIANCE /WETLAND, "FISHERMAN'S TRAIL" - - When we purchased Lot 4 in 2005 it was obvious this trail was a pattern formed by elk and deer. Fishermen prefer fishing from the bank on the opposite side of the river, not in the grassy wetland. In coordinating the annual spring cleanup of the river beginning in 2006, no rusty stained water was noted in the wetland area. However, it should be noted that a permanent foot bridge is now located in this area. DEVELOPMENT AGREEMENT / LOT - - Prior to our lot purchase we visited the Town Planning Commission to be sure a single family residence could be placed with the required setbacks. Also at the time of purchase we signed a covenant restricting fencing, external buildings, mobile homes, animals and operation of a business. The intent to maintain a residential setting is obvious. Therefore, it is important the zoning on the remaining unimproved lot NOT be changed to accommodate a PARKING LOT for up to 100 nonresident guests. This should not be allowed through rezoning, development agreement or any other vehicle they devise. REZONING - - This is a residential neighborhood. All surrounding properties are residential in nature. We enjoy the sounds of nature and the river. We do not want - - - 100 non guests revolving through our neighborhood on a routine basis - - Amplified noise from loudspeakers, DJ's, bands - - Alcohol and the abuses that go with its use - •• Bright Lights - - Unsightly lineup of portable potties - an unimproved lot filled with parked cars - - When we heard the property had sold we were pleased and looked forward to meeting our new neighbor. However, the past year the quiet ambience of our lives has been besieged with requests for variance, temporary variance, rezoning and trial weddings. The current application for rezoning and variance will destroy the integrity of our neighborhood. Please do not approve. Norman and Jacqueline Love - - 880 W. Elkhorn 4(f 'm°P 2 0 2012 CO 'iUNITY DEVELOP diE 525 Fall River Lane Estes rarlc, Colorado 805 tl 7 September 20, 2012 Planning & Zoning Department Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Re: Variance Request for 900 West Elkhorn & Adjacent Lot I would like to comment on the above variance request that I understand is pending before the Town of Estes Park. I strongly oppose said variance being granted. As a former member of the Planning Commission, I was involved when initial discussions were had regarding the Witt Property when they approached the Town to use their home as a combination B & B and place to sell their antiques. At that time there were serious concerns regarding the residential nature of the area and what affect that would have on the quality of life for the other residents. This new proposal to have weddings and a possible hotel on the 900 West Elkhorn & Adjacent Lot properties would be a travesty of the planning and zoning process...not to mention the negative affect on the neighboring property owners. It appears from their actions to date that the current owners have decided to ignore town regulations and simply go forward and do whatever they wish regardless of the detriment to the Town, its regulations and their neighbors. I understand that trees have already been bulldozed, a road/pathway built and floodplain and wetlands possibly violated. By their actions, the owners clearly do not care if they violate Town ordinances and appear to challenge the Town to do anything about their careless and possibly illegal actions. I do not want to see the Town of Estes Park become a place where zoning becomes "after the fact" rubber stamping of people's callous, self-centered and uncaring actions. I urge that their variance be denied and that the To r ur ned to its previous, unaltered state. take ail necessary actions to have the prope �l� 10/ 3A.(ta-3 aKP JA 0/l e`rNR aka F.,( ,/o_t_ CO, 8or 1/40? a33 5oe/t /1/bilt) • efike c (04,8_4 /21 ftA AeOn5mpi ? 026 Um PeA(2- L,m")► &aJ Esits P,L, tat 1 ijOvra 11 1W-re51- 44, .2o4)//1/6 Oki b e 11' ) c) !rn c f ,6 Curt)( toiler/ is 3 40 vS IS 71-1 1144i WE AS .U/GN et' u A/90b fo alyvvvw,i -fv pro c &-1J pf o TEJ T lahltdr I ko-resTr 1 NL 0)001.4 .-t)6 0014 Sqr"-e/v01 I fill Rt ✓zE 2 -f 1 A-% << !9 ,, 2vti,1 t E'd k lO,9/°)Z ig- -3 7 �iJ do_ao /UvT cv L� �►-v� I `i ( ligatv_gpi cpAiA& Ivor la> ,ems j P ? Luc; Lje,t,\. ice J Its &Lk wto.e.fit) a VE►'T umutJ cb ir» t p` /4/LLezo , pkw_ 4e.dap-1 PkbitIr A f0 pr�vk}+ - 63 NONSt J5/crel L vW S 0-4 v,42,,prvct April 12.2012 Town of Fstes Park Departments of Planning and Development Building inspections, Permits, and any Departments concerned 170 MacGregor Ave. Estes Park, Colorado 80517 Neighbors of 900 West Elkhorn And the West lot adjacent to that address Petition to Not Allow a Wedding Site Dear officials of the Town of Estes Park, This petition is in regard to the possible consideration of allowing a Wedding Site either permanent or temporary at the Lot West of 900 West Elkhorn at the upper and lower part of that Residential Lot which is down by the River. We are neighbors and concerned citizens that in our opinion would be directly affected by noise, possible fire, possible intoxication of guests, sanitation issues (unsightly porta pots), unsightly portable tents, traffic danger and congestion, guests crossing West Elkhorn and disturbing the Peace and tranquility that a River brings to this area. We the owners and neighbors do hereby sign and register our concern and Petition to not allow this development. Names, Addresses, date of signing, ect. : ..............��.....��.�.,a...........�..... 610-Q-/.DC) e' P,q-0 g SI7 5 IT L..L' The following public comment was submitted by Ken Wynstra prior to the submittal of the variance application. On September 27, 2012, Mr. Wynstra specifically asked that this information be included as public comment for the variance request. Alison Chilcott From: Alison Chilcott Sent: Thursday, June 21, 2012 10:59 AM To: 'Kwynstra @ aol.com' Subject: RE: Out of Office AutoReply: Another signature We have a pre -application meeting scheduled on July 10th with the Fixters, Cornerstone Engineering, and other departments. I expect to receive a sketch plan in early July showing the trail and patio. Alison Chilcott, Director Community Development Department Town of Estes Park PO Box 1200 170 MacGregor Avenue (970) 577-3720 (phone) (970) 586-0249 (fax) achilcott( estes.org www.estes.orq From: KwynstraCa aol.com [mailto:Kwvnstra(aol.com] Sent: Wednesday, June 20, 2012 5:23 PM To: Alison Chilcott Subject: Re: Out of Office AutoReply: Another signature Hi Allison. I talked to Kimball Bass today and we both thought it best to have their original signatures on the petition so I sent them a form today and they will sign it and send it back. Anything else new with Fixters and their pursuit? Ken Wynstra In a message dated 6/18/2012 8:55:20 A.M. Mountain Daylight Time, achilcott@estes.orq writes: I am out of the office and will respond to your email when I return on Tuesday, June 19th. If you need assistance before then, please contact: Administrative Assistant Karen Thomspon 970-577-3721 kthomoson ©estes.orq or Planner Dave Shirk 970-577-3729 dshirk@estes.orq Thank you. Alison Chilcott Community Development Director Alison Chilcott From: Sent: To: Subject: Alison Chilcott Tuesday, June 19, 2012 8:42 AM 'Kwynstra @ aol.com' RE: Another signature I don't have a preference. Whatever works best for you and your neighbor is fine. Alison Chilcott, Director Community Development Department Town of Estes Park PO Box 1200 170 MacGregor Avenue (970) 577-3720 (phone) (970) 586-0249 (fax) achilcottl.G'�.estes.org www.estes.org From: Kwvnstra@aol.com [mailto:Kwynstra@aol.com] Sent: Monday, June 18, 2012 8:55 AM To: Alison Chilcott Subject: Another signature Hi Allison, I have another neighbor that would like to sign the petition. They own the house at 340 Fall River Lane and their names are Bass. They have the home rented occasionally through "ponderosa" management and now live in Oklahoma. They are adamant about not allowing a wedding site at 900 W. Elkhorn. They are wondering if a Fax'd signature or e-mail signature on the petition is o.k. or do I need to send them the petition page and then send it back to me for original signature. Please let me know. Thanks. Ken and Kay Wynstra Alison Chilcott From: Kwynstra@aol.com Sent: Monday, June 11, 2012 6:06 PM To: Alison Chilcott Subject: Re: More signatures on the petition, ect. Dear Allison, Thank -you for your response. We are so sorry but we feel we must stay on this.No doubt, us and our neighbors life would change. As you probably know, Kay had ovarian cancer four years ago and our life has already changed and this would add more unpleasantness to our life (and our neighbors). Thank you for offering another meeting and we will come at your convenience, however, Kay has a meeting with her cancer Doctor in Boulder on Wednesday Morning at Boulder Cancer Center. Anytime other than that time would be fine. Ken and Kay Wynstra In a message dated 6/11/2012 4:33:40 P.M. Mountain Daylight Time, achilcott©estes.orq writes: Ken, Community Development received the additional signatures. I expect to meet with the Fixter's this week. Would you like to meet this week to discuss your experiences over the weekend in more detail? Alison Chilcott, Director Community Development Department Town of Estes Park P© Box 1200 170 MacGregor Avenue (970) 577-3720 (phone) (970) 586.0249 (fax) achilcott(d�estes.org www.estes.org Fro : K nstra@ aol.com [mailto:KwynstraCc aol.com] Sent: Monday, June 11, 2012 12:53 PM To: Frank Lancaster; Alison Chilcott Subject: More signatures on the petition, ect. Dear Frank and Alison, Just to let you know, we have more signatures on the petition to stop the Wedding Site at 900 W. Elkhorn. We now have 29 signatures. Us and the Neighbors still do not understand how "Fixters" could break laws is developing that site and you are allowing them to file for Variance and Temporary use permits. In a ridiculous analogy, it would be if someone was caught going fifty miles per hour over the speed limit and when caught, instead ask the City, State,ect. to change the speed limit to accommodate their law breaking. Please stop this now so us and the neighbors are not forced to continue this upheaval in our lives. Ken and Kay Wynstra 890 W. Elkhorn P.S. The Wedding this past weekend was noisy and with blaring lights. When they brought it inside at approximately 9:45 P.M. it was almost as loud as windows were still open and all outside lights still on. As you are aware, they plan another Wedding July 5th, 2012. One neighbor was told by Bob Fixter, they plan to have ten Weddings this Summer alone. 2 %l l Alison Chilcott From: Alison Chilcott Sent: Friday, June 08, 2012 2:56 PM To: kwynstra@aol.com Cc: Frank Lancaster; Will Birchfield; Eric Rose; Wes Kufeld Subject: 900 West Elkhorn Avenue Attachments: CodeComplianceHandout.pdf Hello Mr. Wynstra, This is in follow up to our phone conversation this afternoon. The 900 West Elkhorn Avenue Temporary Use Permit application is not complete and has not been approved. I spoke to Bob Fixter today so he is aware of the status. I also informed him that I may be able to review and approve the permit today if I receive a complete application. Also, the Town has not issued a Temporary Certificate of Occupancy to allow occupancy as a small hotel. Will Birchfield, CBO, completed an inspection on Wednesday June 6th; a number of items remain to be addressed, including a functional sprinkler system with an independent power source. The current approved use is as a single-family residence. The Chief Building Official has approved up to eight guests sleeping in the single-family residence. You can operate a B&B with up to eight guest rooms in a single-family house. This does not include approval to host weddings. Given concerns expressed by neighbors such as yourself, I have notified Eric Rose in the Police Department that Police may receive noise and/or trespass complaints. In the A-1 district the maximum noise level is 55 dBA from 7:00 am to 8:00 pm and 50 dBA from 8:00 pm — 7:00 am. Staff has requested that the property be brought into voluntary compliance with Town codes and regulations as soon as possible. Please call to schedule a time to meet and discuss any questions. Alison Chilcott, Director Community Development Department Town of Estes Park PO Box 1200 170 MacGregor Avenue (970) 577-3720 (phone) (970) 586-0249 (fax) ach ilcottCa%estes.org www.estes.orq 1 Alison Chilcott From: Frank Lancaster Sent: Thursday, June 07, 2012 2:54 PM To: Kwynstra@aol.com Subject: RE: Yesterday's meeting (on June 5th) Thanks Ken, please call me Frank, I need to follow up further on this end, but my initial reaction is this should have been handled much differently. I believe Alison and her staff had their hands tied somewhat in their ability to respond. I'm not sure what direction, if any came from the Trustees and before I jump in, I need to see where this stands. I'm sorry for not being more decisive on this, although I would like to be, but I have only been here two weeks and still getting the lay of the land. Frank Original Message From: Kwvnstra@aol.com [mailto:Kwynstra@aol.com] Sent: Wed 6/6/2012 6:21 PM To: Frank Lancaster Subject: Yesterday's meeting (on June 5th) Dear Mr. Lancaster, Is it o.k. to address you as Frank? Thank you for meeting with my wife Kay, Norm Love and myself regarding the "situation" at 900 West Elkhorn. I know time was short but we also know you have an extremely busy schedule. I feel it necessary to e-mail you because up to this point, you have not been informed of the situation of our and neighbors opinion, disaster regarding protocol of that property and the "go ahead" plans of The Fixters. From our knowledge and proof of that situation, they, "Fixters", never got permission from the building, planning department but just went ahead with their "Wedding Site" and even after the Town of Estes Park found out about what they had began, and had violated many things, continuance of that project proceeded with only a slight pause. The Town planning department told them they needed to put the wet land back to the original condition, remove the foot bridge across that part of the wet lands, had violated setbacks in the flood plain and it is still there with now talk from the planning department of possibly considering temporary usage and setback availability. Us and neighbors (16 and counting) have signed a petition asking for NO Wedding Site for the integrity of the neighborhood. PLEASE, do not allow this to happen in any way and the project must be stopped. It isn't as this is anything new as we and neighbors have been working against this since it began in March with NO Permits and it continues. Please read the letters written. Please keep us informed as we and neighbors will continue this objection and meetings until it is shut down. Why should violators care of violations as long as violators get what they have wanted anyway. i Ken Wynstra, 890 West Elkhorn C]jVEune4,20l2 900 W. Elkhorn, Owners Robert & Carole Fixter Objection re Lots 1 and 2 Witt Subdivision rezoning and ' & W1 REZONING OR TEMPORARY VARIANCE PROBLEMS PARKING — Rental parking at church across Hwy 34 with off duty town police is no solution. Fixters can be denied rental parking anytime because of accidents or other abuse. However, a zoning change is permanent. Town will be an accomplice to pedestrian or auto accidents on W. Elkhorn (US 34) as they have approved this situation. This route is a popular walk on the Town path for tourists and US 34 is a popular outing to RMNP by motorcycle and passenger vehicles. ALCOHOL — Wedding receptions are no longer sedate affairs. This will add to ALL concerns listed here. E T BATHROOM FACILITIES- Fixters have advised they anticipate gatherings of 80 people. NOISE — Noise such as speaker amplified music amplifies greatly on the river. Fixters have advised they anticipate an 11 o'clock cut off, but noise will be a problem any time of day. Rivers are a magnet for people and gatherings will be drawn to walk river along lots 3 and 4. The opposite direction is wet land. RIVER SETBACK ENCROACHMENTS We understand the house on Lot 1 encroaches on current river setback requirements. However, it seems unreasonable to allow further enhancements to this encroachment such as a firepit, permanent foot bridge and graded gravel path. Part of the Towns mission statement is to "be good stewards of public resources and NATURAL SETTINGS'. In conclusion, we are a neighborhood. Neighbors work in annual river clean up. Neighborhood gatherings are planned around the Duck Race. We are considerate of the many wildlife that share this river. At a meeting of Estes Park residents explaining process Russ Legg, Larimer County Land Director said, "Code exists to protect the integrity of residential neighborhoods. In their initial use request to the Town dated 7 /21/2011 the Fixters advised no major changes were required and they had adequate parking. The project is rapidly growing and the Town solution has been to suggest obtaining a Variance, Temporary Variance, Rezoning or a trial run on weddings. At this time the Town has 33 properties available to host weddings according to Visitor Services. Is there really any added $ value to the Town in changing this zoning? We request denial of any zoning changes and enforcement of existing codes. Ken and Kay Wynstra, Lot 3 890 W. Elkhorn, 577 0887 Norman and Jackie Love, Lot 4 880 W. Elkhorn 577 0966 MIMINMSVAI 7MOM INSINNE apping Table Of CoMenLs 1' I StSected x? 52 ZaimParcel OwnerNottEcallon._ Landscape a Imagery Explorer 2 Dave Shirk From: Kwynstra@aol.com Sent: Thursday, May 03, 2012 5:52 PM To: Dave Shirk Subject: One thing I forgot to mention Hi Dave, Sorry I forgot to mention in my previous e-mail that was sent to you a short time earlier Please do not allow" Fixters"to submit for a "temporary" use permit for weddings. Temporary Or permanent,it would be completely unacceptable to us or the other neighbors. Ken and Kay Wynstra Dave Shirk From: Sent: To: Subject: Hi Ken - Dave Shirk Wednesday, May 02, 2012 7:54 PM 'Kwynstra@aol.com' RE: Updates Please on 900 w. Elkhorn Alison and I discussed this issue at length today. We expect the Fixter's to submit for a temporary use permit for weddings soon. We are communicating to the Fixters that if they desire to continue that use, they will need to apply for a rezoning to the "A" Accommodations district — this differs from the A-1 in that additional uses such as restaurants and wedding facilities are allowed; this is not a rezoning that our department would support. If they opt to apply for a rezoning, you would be duly notified. We are communicating to them the code violations regarding development in the river setback (trail/patios/bridge), and will outline their options (remove improvements and restore or apply for a variance); if they opt for a variance, you will be duly notified. David W. Shirk, AICP Planner, Estes Park Community Development 1200 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 ph: 970-577-3729 fx: 970-586-0249 dshirk@estes.orq From: KwynstraCaaol.com [mailto:Kwynstra(aaol.com] Sent: Tuesday, May 01, 2012 11:08 AM To: Dave Shirk Subject: Updates Please on 900 w. Elkhorn Hi Dave, Could you please give me updates on what is going on at 900 W. Elkhorn and their Wedding Site plans. Neither Jackie Love (next door neighbor) or myself completely understood what was the final decision regarding that subject as you indicated Fixters may still be able to file for certain permits and what that entails. Thanks. Ken and Kay Wynstra Town of Estes Park, Colorado Estes Park Police Department 170 MacGregor Estes Park ,Colorado 80517 Ken and Kay Wynstra 890 West Elkhorn Estes Park, Colorado 80517 577-0887 or cell (970) 215-9749 Dear Estes Park Police Department, April 16, 2012 The letters I am giving you have already been given to the Estes Park Planning Departments and Department of Inspections. Kay and I felt you should also have copies because if this is approved by those departments, it is our opinion that it may also involve the Police Department of Estes Park because of, in our opinion, of the areas of concern listed in these letters and of possible disturbances it is important to inform the Estes Park Police Department. These disturbances may not happen but as many of you may know from attending "Wedding Receptions" yourselves, it is more than probable that all of these events could happen which makes your jobs even more difficult. We certainly do not need these kinds of situations in our neighborhood. This IS a residential neighborhood. Thank you for reading our concerns and if you have any questions, please feel free to contact us or to voice your concerns to the other Town Departments. Sincerely, Ken and Kay Wynstra April 12, 2012 Town of Estes Park Departments of Planning and Development Building inspections, Permits, and any Departments concerned 170 MacGregor Ave. Estes Park, Colorado 80517 Neighbors of 900 West Elkhorn And the West lot adjacent to that address Petition to Not Allow a Wedding Site Dear officials of the Town of Estes Park, This petition is in regard to the possible consideration of allowing a Wedding Site either permanent or temporary at the Lot West of 900 West Elkhorn at the upper and lower part of .that Residential Lot which is down by the River. We are neighbors and concerned citizens that in our opinion would be directly affected by noise, possible fire, possible intoxication of guests, sanitation issues (unsightly porta pots), unsightly portable tents, traffic danger and congestion, guests crossing West Elkhorn and disturbing the Peace and tranquility that a River brings to this area. We the owners and neighbors do hereby sign and register our concern and Petition to not allow this development. Names, Addresses, date of signing, ect. : p of,44ezae,, (71_, capt4vt - E 90 co ►e: bra -�aie r f'.....................:1z—zo�� 'de i& e ril 12, 2012 Town of Estes Park Departments of Planning and Development Building inspections, Permits, and any Departments concerned 170 MacGregor Ave. Estes Park, Colorado 80517 Neighbors of 900 West Elkhorn And the West lot adjacent to that address Petition to Not Allow a Wedding Site Dear officials of the Town of Estes Park, This petition is in regard to the possible consideration of allowing a Wedding Site either permanent or temporary at the Lot West of 900 West Elkhorn at the upper and lower part of that Residential Lot which is down by the River. We are neighbors and concerned citizens that in our opinion would be directly affected by noise, possible fire, possible intoxication of guests, sanitation issues (unsightly porta pots), unsightly portable tents, traffic danger and congestion, guests crossing West Elkhorn and disturbing the Peace and tranquility that a River brings to this area. We the owners and neighbors do hereby sign and register our concern and Petition to not allow this development. Names, Addresses, date of signing, ect. : &Coi 3_� ru!/ /,vim' L n .1 15 /7, Cv• L(- / c{ - (.2 Gee 6 sa2-442ifa,e-, /V./ // °/z— CO M Town of Estes Park OPENT April 12, 2012 J Departments of Planning and Development Building inspections, Permits, and any Departments concerned 170 MacGregor Ave. Estes Park, Colorado 80517 Neighbors of 900 West Elkhorn And the West lot adjacent to that address Petition to Not Allow a Wedding Site Dear officials of the Town of Estes Park, This petition is in regard to the possible consideration of allowing a Wedding Site either permanent or temporary at the Lot West of 900 West Elkhorn at the upper and lower part of that Residential Lot which is down by the River. We are neighbors and concerned citizens that in our opinion would be directly affected by noise, possible fire, possible intoxication of guests, sanitation issues (unsightly porta pots), unsightly portable tents, traffic danger and congestion, guests crossing West Elkhorn and disturbing the Peace and tranquility that a River brings to this area. We the owners and neighbors do hereby sign and register our concern and Petition to not allow this development. Names, Add - ses • e of signing, ect. : �111r-4 / eitiodeus.Lez Csi&cs6- g0s/7 360 �(, (0 V oV q S \-xs ')irk cl () . i5.11. : z ,2- Igi,4 2 Lh . eP . 7 7 - eaUalley.:.4..z,..:Z�a�-P.e.........R. ..:ems 1 .,... 2657 7 ,.s 2.- 3 F ..11Ier uq,r- ,. �f' (515 / 7 Allison Chilcott-Director of Community Development 170 MacGregor Avenue Estes Park, Colorado 80517 Ken L. and Kay M. Wynstra 890 West Elkhorn Estes Park, Colorado 80517 Dear Director A. Chilcott: April 3, 2012 In our opinion, us and some of our neighbors are affected by the House -Hotel at 900 West Elkhorn and lot just West of 900 West Elkhorn, we feel we had been misinformed on the nature of what would take place at that address and adjacent lot. This is our opinion and our heartfelt and honest interpretation from us of what has transpired and is happening on that property. It is our opinion. Bob and Carole Fixter pursued purchasing that property of 900 West Elkhorn and to change the zoning because it was zoned commercial and we were told by them that it would actually be good for us and others because if it stayed as commercial, anything could happen such as it becoming a gas station or even a prostitution house ( which of course was a joke) I know they were joking on that statement but I believe they were trying to convince us on the zoning change. We received ONE notice from Estes Park that there was a proposed zoning change. We NEVER received a second postcard telling us (and neighbors) of a Board meeting regarding of the actual change. I haven't been able to talk to ALL the neighbors but the ones I have, they also claim they did not receive that notice. Why couldn't that be sent by certified and return receipt to us and neighbors? Bob and Carole did not even tell us until recently that they also purchased the adjacent lot to them and we didn't know of their Wedding site plan until approximately last week, March 29 or 30th when machinery started tearing up the land down by the River and gravel was being brought in. We were also told by Bob and Carole that the" Wedding Tents" would be on top of the lot and not by the River. Perhaps that is the plan but we are now skeptical of anything promised because in my opinion, truth has not been in the open so far so why would it be different now. Again, this is just my opinion but we are more than disappointed with actions rather than words. Wetlands and so much more are an issue!! That is a subject still to be dealt with. Why would The Town of Estes Park even allow a "Hotel" status in a residential neighborhood? West of us on the River is a commercial area with many Hotels, Motels and resorts, ect. But this is putting a Hotel Status and Wedding site in the middle of (what was) a quiet neighborhood and the potential of destroying the PEACE. PLEASE, somehow reverse this situation. It should not be the job of neighbors to take this to a new level. Sincerely, Ken and Kay Wynstra 90© of ELKI(o ?A/ AvE. Town of Estes Park, Colorado Regarding, Bob and Carol Of 900 West Elkhorn, Estes Park, Colorado 80517 Ken and Kay Wynstra 890 West Elkhorn Estes Park, Colorado 80517 Dear Town of Estes Park and managers of Estes Park, COM April 2, 2012 ECENE IMNITY DEVELOPMENT 1, Ken Wynstra and Kay Wynstra are direct neighbors to the owners and residents of 900 West Elkhorn. We have been increasing anxious of the development at 900 West Elkhorn. These are SOME of the concerns: After confronting Bob and Carol with some of our concerns yesterday, March 31, some of the concerns on the West adjacent lot to them have been somewhat cleared up, however, only verbal promises have been given to us and will not be satisfied until it is a written contract with them and must be passed on to possible future buyers of that property. The pool -spa is only 62 feet from our bedroom as is the playground, but somewhat further. We have four Grandchildren and know the noise they can make with supervision, let alone who knows how many children will occupy that at any given time let alone possible drunken adults! My wife Kay is designated handicapped and has had surgery 3.7three years ago for ovarian cancer. She is still medically tested every six Months and is also treated three or four times a year at the Boulder Pain Clinic for continuous back pain as she has five discs in her lower back that cannot be repaired. Our neighbors at 900 West Elkhorn plan to have the Pool —spa open late at night and what about the playground area? Kay often goes to bed early from her never ending pain between 8:00 P.M. and 8:30 P.M. with rests in the afternoon . Our bedroom is 62 feet from the Pool -spa. We will become prisoners in our own home without peace and possible loud drunkenness and music and lights. This just cannot happen. We paid a very high price for our lot and building of our home seven years ago and can see peace and value slipping away. If it is in the power of the Town of Estes Park, PLEASE do not allow this to happen! Why not have the pool and play area moved from the East side to the West side of 900 West Elkhorn or have restrictions with "teeth" on noise and hours of operation. Please take into consideration Kay's health issues as we were here before this proposed chaos ( in our opinion) takes place. We do not begrudge Bob and Carol a successful business venture but not at their neighbors expense and Peace. At the very least, please have them put up sound barriers with acceptable hours to us and posted signs of no drinking, loud behavior or music and NO Smoking as I have a history of severe asthma. To our understanding, the zoning was changed at 900 W. Elkhorn to accommodate eight or more people and who knows how many will be in that house at any given time. We were told by Bob and Carol they would not have more than 80 for a wedding. 80??!! Please be aware of the possible chaos that could bring to the area that is still in the Township of Estes Park. As we stated earlier in this letter, we do not begrudge them a profitable business as long as it is not at their neighbor's expense. We look forward to your input in this matter before too much time is passed and cannot be easily reversed, as changes are rapidly progressing. .fit ti �lJ Sincerely, Ken Wynstra and Kay Wynstra iv fA"'/t Bob and Carol Of 900 West Elkhorn, Estes Park, Colorado 80517 Ken and Kay Wynstra 890 West Elkhorn Estes Park, Colorado 80517 Dear Bob and Carol, March 31, 2012 DEVELOP It is with great disappointment and sadness that Kay and I find it necessary to write this letter. Neither Kay or myself got very much sleep last night as we are quite upset on what was once just you converting 900 W. Elkhorn to weekly rental units into what is now, in our opinion, into an unsightly wedding facility on the beautiful Fall River. When you first spoke to us (Months ago) about possibly purchasing the Witt's home there was no mention of you purchasing the adjacent lot for development for a Wedding facility and later when you did mention it to us there was no mention that a Wedding facilty would be down by the River. Now, the machinery is destroying that area and what was once a place of Peace and Serenity will be gone. When we purchased our lot from The Witt's approximately seven years ago, it was very expensive but we purchased it because of the Peace that only a River can bring. The view we HAD from our living area in our home and deck, the beautiful Peaceful sound the River brings, is and will be gone unless you PLEASE stop the upheaval of the land. The noise and danger in our opinion will be intolerable. Last week when a terrible fire destroyed almost five thousand acres of land in the Mountains West of Denver, many homes and a number of lives were lost and brought to light how quick a fire can destroy. Because of the wind, it traveled at over fifty miles per hour. Some people lost everything and some DID lose their lives. Have you considered the possibility of that happening HERE. Weddings often involve extreme partying, drinking and SMOKING. These conditions can easily lead to careless cigarette and cigar buts starting uncontrollable fires putting your neighbors in peril and possibly Estes Park. We plead with you to stop this development down by the Beautiful Fall River in consideration of your selves and your neighbors. Consider the liability. PLEASE. Ken and Kay Wynstra End of Ken Wynstra's public comment that was submitted prior to the variance application. CORNESTONE ENGINEERING & SURVEYING. INC. September 12, 2012 Mrs. Alison Chilcott Community Development Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Letter of Intent for the "Fall River Lodge" Dear Alison, Suite 200 0 80517 one: (970) 586-2458 Fax: (970) 586-2459 Cornerstone Engineering and Surveying, Inc. (CES) on behalf of our client Robert and Carol Fixter, are pleased to submit a variance request for a recreational walkway and sitting area built along Fall River across Lots 1 & 2 Witt Subdivision. Owners/Lien Holders The subject properties are currently owned by Robert and Carol Fixter. Adjacent Properties & Zoning Current zoning of the subject properties is Al- Accommodations; a request is being reviewed to change the zoning to A Accommodations with a limitation of up to 100 people, this would allow the use of the property by non -guests. Surrounding properties vary from CO -Commercial Outlying to the west and E-Estate to the south. The submitted site plan helps differentiate the surrounding zoning. Project Description After purchasing the property in 2011 the Fixters began upgrading and improving the property both visually, aesthetically and bringing the structure up to current building and fire code. A portion of the property is slopes steeply toward the river with a flat portion of land adjacent to Fall River. Some of this area is within the 100-year floodplain and wetlands. Prior to the Fixters work to clean-up the area adjacent to the river, it was filled with trash (tires, barbed wire, bottles) and fencing that prohibited the movement and use by wildlife. When the trash had been cleared the Fixters decided to improve the eroded fisherman's trail along the river. The improved trail is 4-feet in width and consists of"4" gravel. Along with the path, two flagstone sitting areas where installed for recreational use of the property guests. The Fixters were unaware of the 50-foot river setback and floodplain requirements for the walkway and sitting area. Currently, a trail easement encompasses that portion of property adjacent to Fall River for future expansion of the Town Of Estes trails system. This easement was granted with the platting of Witt Subdivision. As outlined in the Estes Valley Development Code 3.6 C.2 Standards for Review "In determining "practical dill culty, " the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance -A worn fisherman's trail previously followed the majority of the constructed path b. Whether the variance is substantial; -No structural or permanent structures have been built 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; -Taking into account the amount of trash removed, this has been a considerable benefit to the subject and surrounding properties. Prior to the clean-up wildlife was unable to use this area and water in the wetlands was stained red from rusted fencing and trash. Now, elk actually use the constructed path and the water has cleared to a more natural pigment. d. Whether the variance would adversely affect the delivery of public services such as water and sewer -No utilities or utility easements are within the area. Should utilities ever be located in this area, the improvements are temporary in nature. e. Whether the Applicant purchased the property with knowledge of the requirement; -The Fixter's believed they were within their property rights to clean-up and improve their property d. Whether the Applicant 's predicament can be mitigated through some method other than a variance; -A floodplain permit will need to be obtained from the Town of Estes Park building department. Requested Variances We are requesting variances to the following codes from the Estes Valley Development Code: EVDC 7.6.E.1.a — Stream or River Corridors. Building/Structure Setback The sitting areas and a portion of the improved walkway has been installed within the 50-foot river setback EVDC 7.6.E.2.b- Wetlands. Setback The constructed walking path and the flagstone patios have been constructed within the 50-foot wetland setback Development Agreement A development agreement is being prepared to allow the use of the adjacent property which is also owned by the applicant. The agreement will allow the two properties to be used as one as long as single ownership. The main use of the adjacent property will be for parking when needed for meetings or small events. Rezoning Request The applicant recently went through a rezoning process from CO- Commercial Outlying to A-1 Accommodations. The reason for the rezoning was to allow small events and meetings to be held on the property. Unfortunately, the A-1 zoning district does not allow the use of the property by non -guests, so local organizations could not use the property for meetings as was the Fixter's intention. The applicant is requesting the zoning be changed to A -Accommodations with a limit to Hotel/Motel use and a maximum of one hundred (100) people. If you have any questions please do not hesitate to contact us. Sincerely, Jes Reetz Planner e bought our extra lot directly from and no ing was said about "Areas of being allowed on the extra lot. To: Board of Adjustments re: 900 West Elkhorn Ave. To Whom It May Concern: We have been working on remodeling our house since last October, 2011. We have filled a large roll -off dumpster from cleaning up around the our two lots, it appeared to be an old dump site including: old tires, barbed wire, bottles and an abundance of rusty metal wire, turning the Wetlands water and awful shade of orange. We have also hauled away another equivalent of a roll -off of dead trees, limbs, and logs from down below. We took down hundreds of feet of fence and donated it to the town, thus allowing e wildlife to roam free and na al. In this process, we made a rock pathway leading to 2 small flagstone areas....Info ately, one of our neighbors called e Army Corps of Engineers to inquire about our work. Thus, the Army Corp of Engineers cameo evaluate our project.They came and gave us a Federal permit stating at we only affected .007 of an acre during our improvements .._ d are allowed of an acre before special permits are necessary. Ti 7 e previous o er last October is b.; ce" and p . king not We are trying to do a best we c. to keep a nice home . d business. We would like to request being allowed to eep u; a rock . d fl .:. stone patios. Respect lly, C . ole ' ter 9 1 1 'est 1 ve. Estes ` C • 0517 ESTES VALLEY BOARD OF ADJUSTMENT APPLICATION Submittal Date: 08/22/2012 Record Owner(s): Robert & Carol Fixter Street Address of Lot: 900 West Elkhorn Ave. Legal Description: Lot: 1&2 Block: - Subdivision: Witt Subdivision Parcel ID # : 35234-22-001 & 35234-22-002 Site Information Tract: - Lot Size -- 2.5 Acres Zoning A-Accommodations-14 Existing Land Use Small hotel with ability to host meetings, non -profits & small events Proposed Land Use Small hotel with ability to host meetings, non -profits & small events Existing Water Service IX Town 1..... Well Other (Specify) Proposed Water Service Fx Town Well r Other (Specify) Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service X Xcel Site Access (if not on public street) Are there wetlands on the site? r"" EPSD EPSD I.. Other Elkhorn Ave. IX Yes IX UTSD IX UTSD None I Septic r" Septic Variance Desired (Development Code Section #): Estes Valley Development Code 7.6.E.1.a Stream or River Corridors. Building/Structure Setback Primary Contact Information Name of Primary Contact Person Jes Reetz - Cornerstone Engineering and Surveying Complete Mailing Address 1692 Big Thompson Ave, Suite 200, Estes Park, CO 80517 Prima Contact Person is 1 Owner °°° •• licant 1X Consultant/En • ineer Attachments X' Application fee (see attached fee schedule) IX Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code) IX 1 copy (folded) of site plan (drawn at a scale of 1" = 20') ** 1 reduced copy of the site plan (11" X 17") ** The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (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. Town of Estes Park P.O. Box 1200 -a 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone (970) 57/ 3721 -ss Fax (970) 586-0249 www,estes.org/ComDev Revised 11/20/09 Contact Information Record Owner(s), Robert & Carol Fixter Mailing Address P.O. Box 1633, Estes Park, CO 80517 Phone (970) 586-4367 Cell Phon Fax (970) 586-4367 Erne.. Applicant Robert & Carol Fixter Mailing Address P.O. Box 1633, Estes Park, CO 80517 Phone (970) 586-4367 Cell Phont Fax (970) 586-4367 Email Consultant/Engineer Cornerstone Engineering and Surveying, Inc. Mailing Address 1692 Big Thompson Ave, Suite 200, Estes Park, CO 80517 Phone (970) 586-2458 Cell Phone Fax f970) 586-2459 Email Ireetz@ces-ccc.com 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: Testes org,/C ev/Schedules ees/PI i A IicationFeeSched le�ya.,,, f All requests for refunds must be made in writing. All fees are due at the time of submittal. Rev1sed C '1 / General Development Standards 7.6 Wetlands and Stream Corridor Protection (1) National Wetlands Inventory prepared by the U. S. Department of the Interior, Fish and Wildlife Service; and (2) Colorado Natural Heritage Program maps. b. Unmapped Wetlands. The review of a development proposal may discover a potential wetland that has not been mapped or for which the boundaries have not been clearly established. In such instances, the Applicant shall retain a qualified wetland expert to delineate the boundaries of the wetland according to accepted professional standards. E. Buffer/Setback Areas. 1. Stream or River Corridors. a. Building/Structure Setbacks. (1) Stream Corridors (except in the CD zoning district). All buildings and accessory structures shall be set back at least thirty (30) feet horizontally (plan view) from the annual high-water mark of stream corridors, or if not readily discernible, from the defined bank of the stream. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. See Figure 7-10. (Ord. 2-02 #5) Supp. 6 7-28a General Development Standards § 7.6 Wetlands and Stream Corridor Protection (3) Figure 7-10 (2) River Corridors (except in the CD district). (a) General Rule. All buildings and accessory structures shall be set back at least fifty (50) feet horizontally (plan view) from the annual high-water mark of river corridors or, if not readily discernible, from the defined bank of the river. (b) Exception for Lots Developed Prior to the Adoption of this Code. All buildings and accessory structures shall be set back at least thirty (30) feet horizontally (plan view) from the annual high-water mark of river corridors or, if not readily discemible, from the defined bank of the river. See Figure 7-10. (Ord. 2-02 #5) Stream and River Corridors in the CD Zoning District. In the CD district, all buildings and accessory structures shall be set back at least twenty (20) feet horizontally (plan view) from the annual high-water mark of stream or river corridors or, if not readily discernible, from the defined bank of the stream or river. Where defined banks are not readily discernible, the setback shall be measured from the thread of the stream. Where a principal building in the CD district provides public access, including a primary entrance, on the side of the building facing a stream or river corridor, the setback may be reduced to ten (10) feet with the approval of the Decision -Making Body. (Ord. 2-02 #5) Supp. 3 7-29 General Development Standards § 7.6 Wetlands and Stream Corridor Protection b. Parking Lot Setbacks. Except in the CD zoning district, parking lots shall be set back at least fifty (50) feet horizontally (plan view) from the annual high-water mark of stream or river corridors, or if not readily discernible, from the defined bank of the stream or river. In the CD district, parking lots shall be set back at least twelve (12) feet from the delineated edge of the river or stream corridor. 2. Wetlands. a. To the maximum extent feasible, wetlands shall not be included as part of a platted development lot. b. All buildings, accessory structures and parking lots shall be set back at least fifty (50) feet horizontally (plan view) from the delineated edge of a wetland. See Figure 7-10 above. Development on lots that were approved for single-family residential use prior to the adoption of this Code shall be exempt. (Ord. 2-02 #5; Ord. 18-02 #1) 3. Private Open Areas and Landscaping Credit. All stream corridor and wetland setback areas shall be credited toward any relevant private open areas requirements or landscaping and buffer requirements. F. Development Standards. 1. Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, drain, dredge, clear, destroy or alter any area, including vegetation, within stream or river corridors, wetlands and their associated buffer/setback areas, except as may be expressly allowed in this Section or Code. 2. Utilities. Utilities may be allowed in a buffer/setback area only if the Decision -Making Body determines that there is no practical alternative. Any disturbance of the buffer area shall be reclaimed by regrading and revegetation. Provisions for reclamation of the disturbed area shall be included in any development or improvements agreement for the project, with adequate collateral to guarantee that the reclamation will be completed. Utility corridors in buffer/setback areas shall be located at the outside edge of the area and access roads for maintenance of utilities shall be located outside the buffer/setback area. Access for maintenance of utilities in buffer/setback areas should be at specific points rather than parallel to the utility corridor. 3. Recreation, Education or Scientific Activities. Structures and improvements for recreational, educational or scientific activities such as trails, fishing access and wildlife management and viewing may be permitted in a buffer/setback area provided that a management plan that establishes long-term protection of the buffer/setback area is submitted and approved. G. Preservation of Vegetation. All existing vegetation within the stream/river corridor or wetland buffer/setback area shall be preserved, and where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native planting and landscaping. H. Wetland Mitigation Requirements. 1. Restoration shall be required according to an approved wetland mitigation plan when a wetland or its buffer is altered in violation of law or without specific permission or approval by the Decision -Making Body. Supp. 4 7-30 General Development Standards § 7.6 Wetlands and Stream Corridor Protection 2. All approved alterations of wetlands must be mitigated by replacement or enhancement on the site or within the same drainage basin on a one-to-one basis with equivalent or better biologic and hydrologic functions. (Ord. 13-99 §§B, C, 11/3/99; Ord. 2-02 #5, 2/12/02; Ord. 18-02 #1, 12/10/02; Ord. 8-05 #1, 6/14/05) § 7.7 GEOLOGIC AND WILDFIRE HAZARD AREAS A. Applicability. All new subdivisions and development, including residential development on lots of record approved prior to the effective date of this Code, shall comply with the procedures and standards set forth in this Section. (Ord. 18-02 #1; Ord. 8-05 #1) B. Interpretation. The provisions of this Section shall be interpreted to apply in conjunction with all other applicable local, county and state land use requirements. Whenever a provision of any other land use regulation conflicts with the intent of this Section, the provisions of this Section shall apply. C. Description of Regulated Hazard Areas. Hazard areas regulated by this Section shall include all areas that are or that may become hazardous due to environmental conditions. The hazards include, but are not limited to, the following: wildfire, avalanche, landslide, rock fall, mud flow and debris fan, unstable or potentially unstable slopes, seismic effects, radioactivity, ground subsidence and expansive soil and rock. D. Professional Qualifications. All maps and reports required by this Section must be prepared by or under the responsible direction of a duly qualified professional. (Ord. 8-05 #1) 1. Wildfire hazard analysis required by this Section must be prepared by or under the direct supervision of a professional forester with at least two (2) years' experience with wildfire hazards in the Rocky Mountain region. (Ord. 8-05 #1) 2. Geologic hazard analyses required by this Section must be prepared by or under the direct supervision of a professional geologist with experience in engineering geology or geotechnical engineering. (Ord. 8-05 #1) 3. Engineering work required by this Section must be prepared by or under the direct supervision of a licensed professional engineer who is experienced in the engineering specialty (e.g., soils, slope stability) required to meet the objectives of this Section. (Ord. 8-05 #1) E. Wildfire Hazards. (Ord. 8-05 #1) 1. Wildfire Hazard Areas. (Ord. 8-05 #1) a. Mapped Wildfire Hazards. Wildfire hazard areas shall include all those areas shown as "high -tree" fire hazard areas on the Wildfire Hazards Resource Map in Appendix A. (Ord. 8-05 #1) b. Unmapped Wildfire Hazards. Wildfire hazard areas shall also include areas located outside of the mapped wildfire hazard areas that are identified by the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist, or designee, as hazardous areas. (Ord. 8-05 #1) Supp. 6 7-31 September 22. 20:: Keith & Sharon Carson 470 Fall River Lane Estes Park, CO 80517 (402) 332-2589 RE: Zoning and Variance Application for 900 W Elkhorn Ave and Adjoining Lot To whom it may concern: We choose to build our property on Fall River Lane because of the natural beauty of the neighborhood, the peace and quiet, and most of all the wildlife that roams freely throughout the yards and water. Because we are unable to enjoy our home as often as we like we decided to make it a rental property until we are able to retire and move to Estes Park permanently. We are against to rezoning 900 W Elkhorn Avenue Tots 1 & 2 to A accommodations. There are currently 38 wedding and event venues in Estes Park and our concern is that if the accommodations are changed the noise, chaos and parking will have a negative impact on the neighborhood, wildlife, the peace and quiet, and the number of renters that request to stay at our property year after year. This property is our home please don't change what we love about it. Thank you for your help with this matter. Keith and Sharon Carson G F? --he, yi e-ryr Estes Valley Planning Commission Sept. 25, 2012 Dear Sirs: 0-77 SEEP 2 2012 COIM'UNI .. .. DEVELOP ENT We are writing this letter to protest the request for a variance of zoning laws by Robert and Carol Fixter regarding the property at 900 West Elkhorn and adjoining lot. As we understand, they have already had one variance to allow them to change the zoning to allow a small hotel. Now they want to change the zoning again. The town, the planning commission and citizens have spent time and money and had lots of debate to establish these zoning laws. If they are constantly changed and variances allowed, we have wasted the time, money and effort spent establishing the zoning. This is a quiet family neighborhood and most of us have lived within the covenants that were in effect when we bought our property. It was our responsibility to check the zoning laws. We have already had one property that was built on a too -small lot and was allowed to happen. We don't need more of this kind of situation. The noise and traffic and parking problems for this new venue are not in character for this neighborhood and would be very disruptive. It probably would not bother us as much as it would the "closer" neighbors, but we do feel we should all be considered before changes are made. We feel the zoning laws should be enforced. We do hear the sound from Performance Park at our property, but it is not excessive and we feel it is for the good of the community, not for personal gain. If the proposed wedding/events site were to be allowed it would probably bring noise, chaos, drunkenness, a liquor license and possible police calls. For these reasons we feel the request for a zoning change should be denied and the bulldozing, etc. done against the regulations should be restored. For the Lane Family Trust Nliigiipi Iiiiiill11 ,111111110111oloolool000lloh w��i, „1, III h i 1,11 Installed gravel walkway connection to existing wooden steps (looking southwest) kmieid'uu ullo 11,E loollooloolool0000l00000 Installed gravel walkway looking west (looking west) �V 1111 111°lllllillll 1111111� N 10 mllmmll u0 111 �i� �u�'I�Illlill� �� 11 lad Installed flagstone patio tthe east (o|omawest) 11111111111111111111111111111111111 + A, > Intae|dfa|ptnepatio tthe east (looking east) is/ Installed flagstone patio to the west (looking south) III llllllllllll 1101111111 I '11,m�11,1��11,111, III Humus lllllllllllllllllllllllllllllllllllllllllllliiiiiiiii �iiiiii �illlllll" �iNll li d6Nlol �G� iiiuuuuiii IIIIIIIIIIIIIIIIIIIIII I nr, ,1i11111111111111111111111111111111111111111 r�'�IIIII olliP IIII Installed gravel walkway between flagstone patios (looking west) viii11111 i��;�IIImV911ud '�VIIIIIII11111111111 NuWuouh wpnll rvli u�m°If�oyn °V� IIIPp� ll' ��IJI`��I��imi�NryI1111N�11�� luu,'�IId V Nyyl� �'I lol� wd� 111 �I�II�NIN l,,, �iII��I NnAIG��I4IIIj, ��I Il li uul�u lull 1 II II Il dll '��,µ III ryI� 9 hY � IIII11 III 1111 111111111111111111111111111 01,1,11111111101111 a 1111111111010 Installed gravel walkway and easterly flagstone patio (looking south) Ross and Sue Bethel October 1, 2012 Ms. Allison Chilcott Director of Community Development 170 MacGregor Ave Estes Park, CO 80517 Re: Request for Variance, 900 W. Elkhorn Dear Ms. Chilcott: I apologize for the late comment but have recently become aware of the request for Variance at 900 W. Elhorn which would allow for wedding parties of up to 100 guests at that site. We are the owners of 503 Fall River Lane, Unit A and enjoy the quiet setting and abundance of wildlife in the neighborhood. We feel the requested variance would create large disturbance of the neighborhood and destroy the peaceful setting we so enjoy at our second home. Sound often funnels up the river (we can hear the parties at the Elkhorn Stables) and we can only imagine the disturbance having a wedding party with 100 guests, within a block of our deck, would have on our peaceful setting. We ask that the petition for a variance to allow the wedding site be denied! Sincerely, acres era Ross Bethel Sue Bethel Denver Home 2457 S. Leyden St. Denver, CO 80222 303-489-7881 Estes Home: 503 Fall River Lane Estes Park, CO 80517