The URL can be used to link to this page

Home My WebLink AboutVARIANCE Height 640 Elm Rd 2017-03-07 640 Elm Road Height 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:March7,2017, 9:00AM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:This is a request for avariance to Estes Valley Development Code (EVDC)Section: 1.4.4 Table 4-5 Density and Dimensional Standards Nonresidential Zoning District, which states:the maximum height in the I-1 Industrial zone district shall be no greater than 30-feet. The purpose of the variance is toallowa new Estes Valley Fire Protection District training facility to be constructed at a height of 45-feet. Staff recommends approvalof the requested Variance. LOCATION: 640 Elm Road,within theTown of Estes Park VICINITY MAP:See attachment APPLICANT/OWNER:Estes Valley Fire Protection District / Town of Estes Park STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a varianceto allowthe Estes Valley Fire Protection District to replace an existing 47-foot tall training facility tower with a new 45-foot tall facility. The new building is roughly 60-feet in length by 22-feet in width and includes four levels. The project proposal is located at 640 Elm Road at the Town Shops Complex. The property is zoned I-1 Industrial and is approximately 10-acres in size. The property is located north of the Elm Road/Moraine Ave. intersection and is locatedwithin the Town Limits. The Variance would allow the training facility to be 45-feettall. Currently, the EVDC only allows up to 30-feet for this type of project. . 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. REFERRALAND 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: There is no physical circumstance or condition associated with this Variance request. However, there is a special condition associated with the type of use being proposed. A fire training facility tower is not typically constructed under 30-feet in height. This proposal calls for a 45-foot facility which includes four levels. The existing tower at this location is 47- feet tall. Staff finds that the type of building Photo showing existing 47-foot training tower provides a vital facility for firefighting personnel and is a key component to providing life safety training. The Statement of Intent states that the height of 45-feet is required to maximize the ISO rating which contributes to lower home insurance rates. 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 existing tower may remain but whether or not it is adequate or functional is unknown to staff at this time. The applicant has stated the existing tower allows for limited evolutions and drills. They wish to construct a state of the art training building to offer quality training locally. Currently, new firefighters must travel to Boulder three times a week over the course of a four month period to receive their state certified Firefighter I training. 640 Elm Road Height Variance Page 2 of 5 b. Whether the variance is substantial; Staff Finding: The Variance request represents a 50% Variance with an increase of 15-feet from the 30- foot maximum height allowed. Due to the fact that the existing tower is 47-feet tall and this project aims at reducing that by 2-feet, staff finds the request not to be substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a detriment as a result of the variance; Staff Finding: The property is zoned I-1 Industrial and is completely surrounded by other I-1 industrial properties. The site may be seen at a distance from residential properties, but no residential property abuts this area. The site backs up to a rock face to the north. The elevation gain to the property to the north of the building is approximately 50-feet with the 2-foot contours showing elevation gain to the north and flat development site for proposed building d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The property can be adequately served by public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant leases the property from the Town of Estes Park. Town staff is aware of height restrictions in the Estes Valley and relays this information to all applicants or leasees of Town property when development is proposed. 640 Elm Road Height Variance Page 3 of 5 f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A variance is the only process or procedure available to accomplish what the project entails within a reasonable timeframe. Staff finds that this type of training facility requires a height greater than what is allowed per the EVDC. 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: A fire training facility is not a common structure across towns and cities. This request is not recurrent in nature or so general of a circumstance. 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. 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. 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 recommends the BOA place a condition on building color. The applicant has stated they plan on using earth tones. Staff recommends the building be developed with earth tone colors to minimize the visual impact from nearby public streets. 640 Elm Road Height Variance Page 4 of 5 STAFF RECOMMENDATION:Staff recommendsAPPROVALof the requested variance. SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff: allow an increase to the 30-foot maximum building height with reference to the submitted site plan showing an approximate location and height for the proposed fire and the condition: 1. The building shall be constructed using earth tone colors on the exterior 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/Site Photos 640 Elm Road Height Variance Page 5 of 5