HomeMy WebLinkAboutVARIANCE Oudoor Beer Garden 116 E Elkhorn Ave 2015-03-03
116 E. Elkhorn Avenue
Containment of Outdoor ActivitiesVariance Request
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
E STES V ALLEY B OARD OF A DJUSTMENT
MEETING DATE:
March 3, 2015
APPLICANT REQUEST:
Variance from the Estes Valley
Development Code (EVDC)
Section 4.4.D.1.a, which requires
“all retail sales, displays and
activities and all other uses,
storage and activity shall be
wholly contained within the interior
of a building or permanent
structure.”
The purpose of the request is to
use the site of the former Park
Theater Mall as anoutdoor‘beer garden’.
The applicant proposes to install a structurethat has “walls” that open during operating
hours. Because the proposed building will not have enclosing walls, the use cannot be
contained wholly within the structure.
This request is differentfrom other downtown eating/drinking establishments that have
outdoor seating areas becausethisstructure wouldnot have enclosing walls.
The operation would include a bar area fabricated from a shipping container; this would
have garage doors that would open during operating hours, and close when not in
operation. The bar will have a walk-in cooler attached to the back; this will be painted
and have the primary sign attached to it. Restrooms will be provided with a pre-fabricated
trailer, with flush toilets and hand sinks; this will be painted a tan color. All structures will
be permanently attached and comply with building codes.
Seating will include bar stools around the bar, and picnic tables spread throughout the
site. The use would provideoutdoor seating for approximately 250-300 people.
String lighting will illuminate the site.
A new sidewalk/bridge connection will be made to the riverwalk. The site will be fenced
with a wooden beer barrel/wrought iron fence.
This request is part of a development application package that includes:
1.Variance to Outdoor Activities: Section 4.4.D.1.a, which requires “all retail sales,
displays and activities and all other uses, storage and activity shall be wholly
contained within the interior of a building or permanent structure.” The Board of
Adjustment is the decision-making body for this variance request.
The Board of Adjustment will not review the following components of the
application package. These processes are presented for informational purposes
only:
2. Liquor License Approval. The Board of Adjustment does not review or approve
the required liquor license. The Town Board will review the liquor license request
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at their March 24 meeting.
3. Building Permit. If the variance and liquor license is approved, the applicant will
need to obtain a building permit to install the structures, build pedestrian bridge
to river walk,and connect to public utilities.
LOCATION: 116 E. Elkhorn Avenue (formerly Park Theater Mall)
OWNER: Park Theater Mall LLC
APPLICANT: The Barrel LLC (Loveland)
CONSULTANT: Thorp Associates PC(Roger Thorp)
STAFF CONTACT: David Shirk
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SITE MAPS:
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REFERRAL AND PUBLICCOMMENTS: This request has been submitted to reviewing
agency staff for consideration and comment, and discussed at a weekly Development
Review Team meeting.
Affected Agencies:No significant concerns have been expressed. Staff has received
written comments from:
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Police Department:Eric Rose, Commander, February 9 and 26
Code Compliance Officer/Sign Code Technician: Wes Reichardt, February 19
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Town Attorney:Greg White, February 9.
Town Utilities Department: Steve Rusch, Utilities Coordinator, February 16
Estes Park Sanitation District: Jim Duell, District Manager, February 20
Public Works: Kevin Ash, Public Works Engineer and Greg Muhonen, Director,
February 18
These are memos as suggested conditions of approval.
Public: In accordance with the notice requirements in the Estes Valley Development
Code, legal notices were published in the Estes Park Trail-Gazette and postcards were
mailed to all property owners within 500 feet of the property directly notifying these owners
of the public hearing.
As of Thursday March 26, 2015, seven written comments expressing support have been
received for this application package. These are attached for review.
No other public comment has been received. Comments received after March 26 will be
posted to www.estes.org/currentapplications if received.
REVIEW CRITERIA:
1. Special circumstances or conditions exist (e.g., exceptional topographic conditions,
narrowness, shallowness or the shape of the property) that are not common to other
areas or buildings similarly situated and practical difficulty may result from strict
compliance with this Code’s standards, provided that the requested variance will not
have the effect of nullifying or impairing the intent and purposes of either the specific
standards, this Code or the Comprehensive Plan.
Staff Finding: Special circumstances exist that have resulted in practical
difficulties in developing the site. The previous building burned to the ground
in October 2009, and the property has remained vacant since.
This vacant property in the heart of downtown disrupts the so-called ‘urban
fabric’ of downtown and does not contribute to the vibrant downtown area the
Comprehensive Plan encourages (see policies outlined below).
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The buildings will be permanently attached with foundations that comply with
the building code, but will be easily removed. This means the beer garden
would put the property to a positive cultural and economic use until a more
permanent use is found for the site.
If approved, the variance would not nullify or impair the intent and purposes
of either the specific standards, the development code, or the comprehensive
plan:
Specific Standard(Section 4.4.D.1.a):
The proposed variance would not nullify or impair the intent and purpose
of the specific standard, which includes an exemption for outdoor seating
and dining areas.
The structures would be permanently affixed with foundations and would
connect to public utilities.
Staff interprets the specific standard as intended to address aesthetics,
pedestrian movement, and temporary ‘fly by night’ uses
Development Code. Section 1.3 of the development code outlines the
purposes and intent of the Code, including the following purposes specific to
downtown:
§1.3.I: “Preserve and protect the architecture, history and small-town
character of Estes Park’s historic downtown” and,
§1.3.J:“Strengthen and improve the downtown Estes Park as the primary
government, cultural, office, financial, tourist, and specialty shopping and
pedestrian district of the Estes Valley.”
Comprehensive Plan. If approved, the variance would advance several land
use and economics policies of the comp plan, including:
Land Use policies:
1.3:Encourage existing and future community commercial uses to locate
within a compact, well-defined downtown business district.
1.4: Encourage the concentration of cultural uses and activities in the
downtown business district.
1.5: Provide a pedestrian-friendly downtown environment which provides
for pedestrian movement, areas for relaxing, gathering and window
shopping.
1.6: Encourage outdoor public spaces, including spaces for outdoor
gathering, dining, nature and people watching.
Economics policies:
7.1: Maintain a unique blend of businesses, residents and visitors,
without negatively affecting the natural beauty of the Estes Valley.
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7.3: Sustain and support the existing tourism industry and marketing
programs.
7.7: establish the basis for a sound tourism market and sustainable
economic climate.
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:In October 2009, the former Park Theater Mall burned to the
ground. Since then, a performing arts center has been proposed, but has not
been approved for development. No other uses have been proposed, and
the parcel has remained vacant, affecting the overall fabric of downtown.
Staff finds the proposed use would put the property to a productive use that
will enhance the downtown area and will extend the amount of time guests
spend downtown.
b. Whether the variance is substantial;
Staff Finding: The variance is not substantial. This finding is based on:
The buildings will be permanently attached and connected to water
and sanitary sewer facilities.
Taverns are an allowed use in the CD-Commercial Downtown district.
Outdoor seating/eating areas are allowed in the CD-Commercial
Downtown district.
Other eating/drinking establishments in the downtown area have
outdoor seating areas.
Other eating/drinking establishment in the downtown area have
garage doors that open during operating hours.
c. Whether the essential character of the neighborhood would be substantially altered
or whether adjoining properties would suffer a substantial detriment as a result of
the variance;
Staff Finding: The essential character of the neighborhood would not be
substantially altered, and adjoining properties would not suffer a substantial
detriment.
The proposed use would enhance the downtown area by providing a lively
entertainment area on a site that is currently blighted.
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The use would likely result in more guests visiting the downtown area,
especially in the evenings, with guests spending more time
downtown.
The applicant proposes to paint the restrooms “Champagne
Beige”. This or a complimentary color scheme should be
carried throughout all buildings.
Staff has discussed the issue of noise with Commander Eric Rose of the
Estes Park Police Department. Commander Rose’s opinion is that no
special conditions should be placed on this land use, and that the Town’s
Noise Ordinance will allow the Police Department to address any noise
issues, should they arise.
d. Whether the variance would adversely affect the delivery of public services such
as water and sewer.
Staff Finding: The applicant proposes to connect to Town water system and
the Estes Park Sanitation District sanitation system.
e. Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding: The applicant is a sub-lessee of the property, and is aware of
the requirement.
f. Whether the Applicant's predicament can be mitigated through some method other
than a variance.
Staff Finding: The only alternative the applicant has to a variance for an
outdoor ‘beer garden’ in the downtown area is to apply for an amendment to
the development code.
3. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding: Not applicable.
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.
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Staff Comment.Should the Board approve the variance, staff recommends
conditions to mitigate potential adverse impacts on nearby land uses. These
conditions summarize issues described above, and are outlined below.
STAFF FINDINGS:
1. The request generally satisfies the requirements of Section 3.6 C variance
“Standards for Review”.
2. Special circumstances or conditions exist that are not common to other areas or
buildings similarly situated and practical difficulty would result from strict
compliance with development code standards.
3. Approval of the requested variance will not nullify or impair the intent and purposes
of either the specific standard, the development code or the Comprehensive Plan.
4. The variance is not substantial.
5. The essential character of the neighborhood would not be substantially altered nor
would adjoining properties suffer a substantial detriment as a result of the variance
6. The variance would not adversely affect the delivery of public services such as
water and sewer
7. The Applicant's predicament cannot be mitigated through some method other than
a variance.
8. The recommended conditions of approval will substantially secure the objectives
of the varied standard.
9. The Board of Adjustment is the decision-making body for this variance request.
STAFF RECOMMENDATION: Staff recommends approval with the following conditions:
1. All buildings shall be painted to match or compliment the “Champagne Beige”
color proposed for the restroom building. Final color scheme shall be subject
to review and approval of Community Development staff.
2. Lighting shall comply with Section 7.9 of the EVDC “Exterior Lighting”
3.Compliance with memos from:
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Police Department: February 26
Code Compliance Officer/Sign Code Technician: February 19
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Town Attorney: February 9.
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Town Utilities Department: February 16
Estes Park Sanitation District: February 20
Public Works: February 18
SUGGESTED MOTIONS:
APPROVAL: I move to approve the requested variance with the findings and conditions
recommended by staff.
DISAPPROVAL: I find the request does not satisfy the requirements of Section 3.6 C
variance “Standards for Review” because (state reasons), and therefore move to deny
the requested variance.
CONTINUANCE:I move to continue the requested variance to the next availablemeeting
(state reason/findings).
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