Loading...
HomeMy WebLinkAboutVARIANCE Kitchen in B & B 3501 Devils Gulch Rd 2017-01-10 3501 Devils Gulch RoadKitchen Unit Variance Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org E STES V ALLEY B OARD OF A DJUSTMENT MEETINGDATE& LOCATION:January10,2017, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Section 5.1.B.1.C.Residential CharacterThe variance would allow full kitchen facilities in guest rooms or guest units. Currently, full kitchen facilities and cooking are prohibited in a guest roomor guest unit associated with a B&B or Vacation Home. The purpose of the variance is to continue allowing two cabins to be rented as guest unitsin a multiple building vacation home situation, with each cabin containing a full kitchen facility. Staff recommends approval. LOCATION: 3501 Devils Gulch Road, within theunincorporated Estes Valley VICINITY MAP:See attachment APPLICANT/OWNER:Ed and Gisela Grueff / same as applicant STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a varianceto allowfullkitchen facilities in guest rooms or guest units. Currently, the EVDC contains a provision against guest rooms and guest units from having full kitchen facilities. Limited kitchenfacilities are allowed under current code. The property is zoned RE-1 and is approximately 11.21 acres in size. It is developed with one single-family home and two small cabins. The property also contains several utility sheds. Limited Kitchen Facilitiesare defined as the following: Shall mean a kitchen that is not contained in a separate room and that may have a sink and only the following appliances: (a) a refrigerator no larger than three and a one-half (3 1/2 ) cubic feet; (b) a stove/oven no wider than twenty (20) inches; and/or (c) a microwave oven. This Variance request is to allow the full kitchen facilities in the two cabins to remain while the cabins are rented on a short term basis. Code allows the main home and two cabins to be rented to one party on a short term basis as long as the two cabins do not have a kitchen. The two cabins have had kitchens since before Code was adopted in 2000. The Variance request would allow the two cabins to be rented on a short term basis(i.e. vacation homes). The entire property would be rented as one vacation home to one party. The cabins cannot be rented to a separate party. REVIEW CRITERIA:VDC,all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the decision-making body for this application. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to surrounding property owners. A legal notice was published in the Trail Gazette. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No major comments or concerns were received. Public Comments. Staff has received no written public comment in regards to this application. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The property has been developed with a single family home and small cabins since the early 1900s . Regardless if they have been rented out short term since the adoption of this Code, current Code allows vacation home rentals to encompass properties with multiple units or structures if the entire property is rented to one party at a time. The issue lies with the two cabins having a full kitchen and not a limited kitchen as defined above. Code does not allow guest units or guest rooms to be rented short term if they contain kitchens. The variance request is to allow the two cabins to be rented as part of the vacation home while containing full kitchens. Staff finds that the circumstance is special in that the property has been used for rentals over the years and the strict application of the Code would render the two cabins as un- rentable for short term. Several properties in the valley have guest homes or guest units that are rented short term because they do not have kitchens. These two small cabins have had kitchens for years. It is impractical to have the applicant remove them. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: The property can remain to be used as a vacation home with only the single-family home being rented out to one party. The two small cabins would not be rented out short term in this scenario. Although not practical, the situation as mentioned above may exist. Another alternative would be to have the applicant remove the kitchens. This option would be very impractical. 3501 Devils Gulch Rd. Kitchen Unit Variance Page 2 of 4 b. Whether the variance is substantial; Staff Finding: Staff does not find this request to be substantial considering the situation. The cabins have had kitchens in them for years been rented. Staff has received zero complaints about this property and this specific operation as it exists. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The property is already built out. The cabins have been rented for years without any complaints from the neighbors. Whether or not the entire property has been rented to one party (vacation home regulations) is unknown. Existing and future vacation home licenses shall regulate that provision. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The property is already built out. The property is on well and septic. Additional bathrooms and kitchens would require an analysis of the capacity but since nothing is proposed to change, Staff cannot find any adverse affects on the delivery of water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: It is unclear whether the applicant purchased the property knowing that short term rentals are prohibited in guest rooms or guest units containing a full kitchen. The applicant stated that they did not know this was an issue when purchasing the property. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: If the applicant wishes to rent the cabins short term there are only two options to achieve this; The first option being to remove the full kitchens from the buildings and the second option is to obtain a variance to the kitchen provision in Code. 3. No variance shall be granted if the submitted conditions or circumstances affecting the the formulation of a general regulation for such conditions of situations. Staff Finding: It is common to find properties in the Estes Valley developed with multiple structures on a single-family zoned parcel. It is even common to find these structures rented out short term with limited kitchens. It is not common to find the multiple buildings containing full kitchens. 3501 Devils Gulch Rd. Kitchen Unit Variance Page 3 of 4 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: Not applicable 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: This variance would represent the least deviation from Code that will afford relief for the proposal but another option exists. It involves removing the kitchens from the cabins to a degree that classifies them as limited kitchens and not full or complete kitchens. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: The variance does not propose a non-permitted or prohibited use. Vacation homes are allowed in the zone district and are allowed to encompass a property containing multiple buildings, if the entire property is rented to one party at a time. 7. In granting such variances, the BOA may require such conditions at will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff is not recommending any conditions at this time. STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested guest unit kitchen variance SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings recommended by staff. I move to DENY the requested variance with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site Plan 3501 Devils Gulch Rd. Kitchen Unit Variance Page 4 of 4 Printed: 12/15/16 Attention Support Central at (970) 498-5000. GIS products, including errors, omissions, correctionsand/or updates should be directed to Larimer County General questions about this or any other Larimer County GIS ID1171085643016150851291570175622910622957018 Sub Number/040572/0405720140001004/040572/040572/0405720140/040572 Site CityESTESPARKESTESPARKESTESPARKESTESPARKESTESPARK MailingZipcode803027702741270288280224370322192221928030280517 MailingStateCOTXRICOVAVACOCO Mailing CityBOULDERHOUSTONNARRAGANSETTDENVERWOODBRIDGEWOODBRIDGEBOULDERESTESPARK MailingAddress773 SKYTRAIL RD3643OVERBROOK LN104 CLIFFDR820 SMONACOPKWY UNIT17211971MONTREALCT11971MONTREALCT773 SKYTRAIL RD3225DEVILSGULCH RD Name1ELDERVIRGINIA JMANAGEMENT TRUST(.50) NameJENNINGSWILLIAMSCOTT/ELSAELDERJOHN WMANAGEMENT TRUST(.50)NORTHUPJAMESR/HELEN FGREENBACKPACKLLCSTUTZ -HEIMATFELS INCSTUTZ-HEIMATFELSINCORPORATEDJENNINGSWILLIAMSCOTT/ELSAGRUEFFED/GISELA Site Address3043COUNTYROAD 613325DEVILSGULCH RD 3390DEVILSGULCH RD 3480DEVILSGULCH RD 3501DEVILSGULCH RD ParcelNumber25043000072504300009250430600225040000162504300005250430001425043050022504300004 Id12345678 GIS ID50311112745 Sub Number/040572/040572 Site CityESTESPARK MailingZipcode77019805268119 MailingStateTXCO Mailing CityHOUSTONFORTCOLLINS MailingAddress2111WELCHUNIT A3092150CENTREAVE E Name1ARAPAHO/ROOSEVELTNATIONALFOREST NameBLACKTHORNE USAVENTURESLLCUNITEDSTATES OFAMERICA Site Address3346GLACIERDR ParcelNumber25043000122504000913 Id910