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HomeMy WebLinkAboutVARIANCE Setback, Impervious Coverage 553 W Elkhorn Ave 2016-06-12 553 West Elkhorn AvenueSetback and Lot Coverage 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:June12,2016, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for a variance to Estes Valley Development Code (EVDC) Table 4-5, footnote 6 In A-Accommodations setback shall be increased to 25 feet if the lot abuts a residential zoning district boundary. The Variance would allow an18.5-foot setback in lieu of the 25-foot required setback.The second request for a variance is to EVDC Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts requiring a Max Lot Coverage of 50% for A-Accommodations zoning districts. The Variance would allow 62.7% impervious lot coverage in lieu of the 50%max allowed. The purpose of the Variance is to allow forthe construction of a 4-unit accommodations building on an existing site. Staff recommends approval. LOCATION: 553 W. Elkhorn Ave., within the Town of Estes Park VICINITY MAP:See attachment APPLICANT/OWNER:RSDP, LLC STAFF CONTACT: Audem Gonzales, Planner I PROJECT DESCRIPTION:This is a request to grant a variance to allow for a 4-unit accommodations building to be located on an existing site. The first variance would allow an 18.5- footsetback in lieu of the 25-foot required setback. The second variance would allow 62.7% impervious lot coverage in lieu of the 50% max allowed. The subject property is currently developed with the Maxwell Inn. The main building currently has 17 units. The applicant is proposing to convert one of the existing units into a public laundry/bathroom for guests. A Development Plan was approved by Community Development Staff for a 4-unit accommodations building to be located on the site. This would bring the accommodations unit count up to 20 for the property. The proposed building is located with the 25-foot side setback. A variance would be the only option to accomplish this proposal. The entire subject property is currently grandfathered in with a 62.2% impervious lot coverage. Code requires in the A-Accommodations zoning district that a property be no more than 50% impervious. A variance would be the only process to allow the proposed 62.7% impervious lot coverage. 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 57 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 comments as of July 6, 2016. Any written comments received after this date will be posted to public comment. STAFF FINDINGS: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: Setback Variance The existing accommodations building was constructed in 1946 in the middle of the property. Additional space to develop is limited to the southeastern portion of the site. Existing parking areas further limit the available space to develop. Staff feels strongly that the site has many existing constraints that limit the location for further development. The site is allowed up to 20 accommodations units per Code density calculations. Currently, the site is built with 17 units. The Variance request would relieve practical difficulties associated with developing on an existing site. Lot Coverage Variance Figure 1: East property line, 25-foot required setback from residential The site has operated with its zone districts, 18.5-foot setback proposed. current configuration for several years. The existing lot coverage is 62.2% impervious. Code requires a max of 50% impervious coverage. The proposal calls for an increase of 0.5% lot coverage. The applicant has proposed a plan that removes 553 W. Elkhorn Ave. setback and lot Page 2 of 6 coverage variance 1,407 SF of impervious coverage by altering the parking area but keeping the appropriate amount of parking spaces. The new 4-unit accommodations building along with new concrete walks add 1,590 SF of impervious coverage to the site. The actual gain in impervious coverage is 0.5%. Staff feels this project meets the intent of Code and the applicant has made an effort to reduce the legal non-conforming lot coverage % while trying to obtain the permitted amount of accommodations units. 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: Setback Variance Only 17 of the 20 units in the main building are being used for occupancy. The remaining 3 units were repurposed in 2013 but are very small and are located underground with little daylight. The applicant has proposed to build a separate 4-unit structure to offer modernized hotel rooms for guests. Of the existing 17 units, one unit is proposed to be converted into a guest laundry/bathroom, bringing the total number of units on-site up to 20. Staff feels that full utilization of the allowed density is the most practical use of the site. Lot Coverage Variance The property is grandfathered in with a 62.2% impervious lot coverage. The applicant has made an aggressive effort to reduce impervious coverage while incorporating the new ~1,100 SF building. The gain in impervious coverage is 0.5%. b. Whether the variance is substantial; Staff Finding: Setback Variance The variance request would make the new side setback 18.5-feet in lieu of the 25-feet required. This calculates out to be a 26% variance. The threshold for a Board of Adjustment Variance vs. a Planning Commission Minor Modification is any request over 25%. Staff does not feel this request is substantial. Approximately 67 SF of the building would be located within the required setback. Lot Coverage Variance The actual increase in impervious coverage from existing conditions is 0.5%. The applicant has proposed a two story building to minimize the footprint of development on the site. The new plan improves the existing conditions by removing a significant amount of paving from the front setback. The proposed 62.7% impervious lot coverage is a 12.7% deviation from Code, which would require a Planning Commission Minor Modification or a Board of Adjustment Variance. Staff feels this request is minor. 553 W. Elkhorn Ave. setback and lot Page 3 of 6 coverage variance 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: Setback Variance The property to the east consists of residential condominiums that were constructed in the 1990s/2000. The driveway for the condominiums abutting the Maxwell Inn property is located on the western edge, serving as a buffer between the proposed accommodations building and the condos. The condos are situated 30-40 feet from the west property line. With the Maxwell Inn proposed new side setback of 18.5-feet, the condos would be roughly 48-58 feet from the new building. The approved development plan for the Maxwell Inn has required a district landscape buffer between the properties. The applicant has proposed to concentrate the plantings east of the proposed building to further buffer the use. Staff does not feel the essential character of the neighborhood would be altered or suffer detriment as a result of the variance. Lot Coverage Variance Again, the property has been operating with a 62.2% impervious lot coverage for several years. A 0.5% increase would not substantially alter the neighborhood in any way. Drainage and runoff would not be affected. The approved development plan and drainage study have concluded there is very little to no impact on drainage on the site. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Setback Variance and Lot Coverage Variance Approval would not have any effect on public services such as water and sewer. All public service locations were approved with the development plan. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: Setback Variance and Lot Coverage Variance The applicant purchased the property in 2013 and decided to eliminate 3 of the existing units due to their poor quality. During the design and planning process of the new building, setback regulations were in effect. The applicant has decided this plan is the best approach to restoring the 3 units. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Setback Variance The applicant has stated that it is impossible to create additional units within the footprint of the existing building. The west side of the existing building was analyzed and it was found that this was not a practical location due to the creation of conflicts with the caretakers unit, access would be cut off from other hotel support areas, and there would 553 W. Elkhorn Ave. setback and lot Page 4 of 6 coverage variance be no direct access to parking. Also, including a handicap unit at this location was found to be infeasible. A variance would be the only process to achieve the proposal. Lot Coverage Variance The increase of impervious coverage is 0.5%. An additional reduction of 0.5% of impervious coverage could be explored. The applicant has already reduced 1,407 SF of impervious coverage on the site by re-configuring the parking area. The applicant has stated it is not possible to further remove impervious coverage without sacrificing the area needed to meet parking and drive standards, and to allow for emergency vehicle access through the property. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicants property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions of situations. Staff Finding: Setback Variance and Lot Coverage Variance The conditions of this application are not general. They are specific to this property, size and orientation. 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: Setback Variance and Lot Coverage Variance No reduction in lot size or increase in number of lots is proposed by these variance requests. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: Setback Variance Multiple factors influenced the layout proposed, including maintaining parking spaces, replacing impervious coverage, pulling parking and paving out of the front setback to the degree possible, maintaining clearances for emergency vehicles, and minimizing the amount of variance necessary. The level of variance requested is approximately 67 SF which staff finds to be very minimal. Lot Coverage Variance Again, staff finds a 12.7% deviation from Code to be a very minimal request. A variance would represent the least deviation from Code that will afford relief. 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: Setback Variance and Lot Coverage The variance does not propose a non-permitted or prohibited use. 553 W. Elkhorn Ave. setback and lot Page 5 of 6 coverage variance 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: Setback Variance and Lot Coverage Variance No recommended conditions STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variances with no additional conditions SUGGESTED MOTIONS I move to APPROVE the requested variances with the findings and conditions recommended by staff. I move to DENY the requested variances with the following findings (state reason/findings). ATTACHMENTS: 1. Vicinity map 2. Statement of Intent 3. Application 4. Site plan 5. Architectural drawings 6. Impervious coverage map 553 W. Elkhorn Ave. setback and lot Page 6 of 6 coverage variance