HomeMy WebLinkAboutVARIANCE Setback, Entrance, Driveway 451 Stanley Ave 2017-02-07
455 S Saint Vrain Ave.Variances
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:February7,2017, 9:00AM; Board Room, Town Hall, 170
MacGregor Avenue
APPLICANT REQUEST:This is a request for threevariance to Estes Valley Development
Code (EVDC)Sections:
1.7.11.N.2.bwhich states:a loading areashall not belocated in a required setback. In
addition,street side loading docks shall be set back at least seventy (70)feet from
the street property line orone hundred ten(110)feet from the street center line,
whichever is greater.
2.4.4.D.2.awhich states: The main entrance of all buildings in the CD, CO and O
zoning districts shall be oriented to the front property line. If a lot fronts an arterial
road or state highway, the main entrance of all buildings shall face the road or
highway.
3.Appendix D III.B.7.awhich states: Nonresidential and Multi-family residential
driveway openings shall not exceed thirty (30) feet in width at the street line.
The purpose of the variancesis toallow the Dollar General to develop on the subject parcel.
Staff recommends approvalof the requested Variances.
LOCATION: 455 S. Saint Vrain Ave., within theTown of Estes Park
VICINITY MAP:See attachment
APPLICANT/OWNER:Devan Pharis / Vaquero Estes Park Partners, LP
STAFF CONTACT: Audem Gonzales, Planner II
PROJECT DESCRIPTION:This is a request to grant three variancesto allowthe Dollar
General to develop on the subject parcel with address455 S. Saint Vrain Ave. The requested
variances are listedabove.
The property is zoned CO (Outlying Commercial) and is approximately 1.152-acres or 50,563
sq. ft. in size. The property is located at the northwest intersection of Saint Vrain Ave. and
Stanley Ave. within the Town of Estes Park.
The Variances would allow: 1.from the Stanley Ave.
street center line in lieu of the 110-foot requiredvariance requested). 2.The main
entrance to front Stanley Avenue in lieu of fronting the Arterial, Saint Vrain Ave. 3.The driveway
entrance to be 61.96wide in lieu of the 30 foot requirement for nonresidential uses.
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:
Loading Area Vaquero Estes Park Partners, LP states in their statement of intent that
the narrow shape of the property and configuration of the neighboring streets create a
problem for maneuvering delivery and fire trucks on the site. They believe that any other
commercial development on the site would encounter the same issues complying with the
development code.
Access from Saint Vrain is not a preferred option for this site, and the final decision of any
state highway entrance is CDOTs call. Appendix D in the EVDC requires 250-foot spacing
between driveways located on Arterials as well as 250-foot spacing between driveways
and street intersections. By this standard, access from Saint Vrain is not allowed. Access
can be granted by the Town from Stanley Ave. It is logical to place the parking area and
loading area as close to the access point as possible and move the building to the opposite
side of the lot from the drive entrance. The loading area is proposed to be near the
driveway entrance (along Stanley Ave. on the side of the building).
A strict application of Code requires locating the loading area 110-feet from the center line
of Saint Vrain and Stanley Ave. which leaves almost no area to place a loading area on
the site. A variance would likely be needed for most commercial development regardless
of any proposed location.
Entrance The entrance to the building is required to face Saint Vrain because the street
is classified as an Arterial. The lot can only be accessed from Stanley Ave. The logical
placement of the entrance would be to front the parking area and access point to the site.
Driveway Code requires that all nonresidential driveway widths be no larger than 30 feet
in width at the street line. This Code provision is difficult to meet when the property line is
located at the street line. Typically, there is ROW that allows for the curb return radii
455 S. Saint Vrain Ave. Variances
Page 2 of 6
(widest point of a driveway) before the actual driveway width is measured. In this case,
the curb return radii ends are located at the street property line which is the widest point
Where the loading area is located requires delivery trucks to maneuver across the parking
lot in order to back into the loading area site. In order to turn into the site, the drive entrance
needs to be wider than the 30-foot max. The applicant is proposing a 61.96
entrance at the property line. This measurement includes the curb return radii. The actual
driveway is
Since the property is zoned Commercial, Staff believes any change in business in the
future would most likely utilize a wider driveway entrance for delivery and fire trucks.
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:
Loading Area The development requires a loading area. Due to the narrowness of the
site and being surrounded by two streets, the strict application of the Code requiring a
110-foot setback is difficult to meet. Just about any location for a loading area on the site
would require a variance.
Entrance Locating the entrance to face Saint Vrain is not practical if the site is required
to be accessed from Stanley Avenue. This part of town is not pedestrian oriented that
would include foot traffic along Saint Vrain. The practical location for any entrance in this
part of town is to front the parking area.
Driveway Limiting the driveway entrance to 30-feet might make maneuvering delivery
trucks and fire trucks difficult, given that the loading area is located on the south end of
the property.
b. Whether the variance is substantial;
Staff Finding:
Loading Area The loading area variance is not substantial. The applicant is proposing a
new loading area setback of % deviation from Code. They are open
to including a fence or additional landscaping at this location to help screen the loading
area if the BOA determines additional screening is needed.
Entrance This request has been granted to other commercial properties before. Staff
does not find it to be a substantial request.
Driveway Staff does not find this request to be substantial.
455 S. Saint Vrain Ave. Variances
Page 3 of 6
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:
Loading Area -
feet from the street centerline. Because this loading area is not fronting the street, the
setback is not required. Multiple commercial properties along Saint Vrain Avenue have
loading areas within the 110-foot setback, some even closer than what Dollar General
proposes. The setback is difficult to achieve on any property with multiple street frontages
in a configuration as non-standard as this site. Staff does not find this development to be
out of character with the neighborhood.
Entrance
Several properties that cannot access Saint Vrain cannot physically orient their main
building entrance towards the Arterial. Staff does not find this situation out of character
with the neighborhood.
Driveway Several properties in the area have been grandfathered with driveway
entrances wider than 30-feet (i.e.: B&B access from Woodstock Drive has an entrance
width of around 50-feet.) The Dollar General request is not out of line with other properties
in the area.
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:
All these issues were discussed in the pre-application meeting with the applicant prior to
the filing of the development applications. It was conveyed to the applicant that Staff could
support these variance requests due to the configuration of the lot and proximity to multiple
public streets.
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. Staff believes the loading area would require a variance for just about any location
on the property. Also, the orientation of the building is greatly linked to the access point to
the site.
455 S. Saint Vrain Ave. Variances
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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 not common to have a property abutting public streets on three sides. This greatly
inhibits development. Staff believes that any other commercial operation at this location
would involve multiple variances as well.
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:
The applicant is willing to install a fence or additional landscaping around the loading area
location. Staff recommends placing a condition of approval for installing a 6-foot tall
screening fence between the dumpster enclosure and service door to the building.
STAFF RECOMMENDATION: Staff recommends APPROVAL of the requested variances.
SUGGESTED MOTIONS
I move to APPROVE the requested variances according to findings of fact and conclusions of
law, with findings and conditions recommended by staff:
allow a reduction to the 110-foot loading area setback, increase to the 30-foot
maximum driveway width at the street line, and building entrance orientation with
reference to the submitted site plan showing an approximate location for the proposed
loading
I move to DENY the requested variance with the following findings (state reason/findings).
455 S. Saint Vrain Ave. Variances
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ATTACHMENTS:
1. Vicinity map
2. Statement of Intent
3. Application
4. Site Plan
455 S. Saint Vrain Ave. Variances
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ESTES PARK, COLORADO
copyright law.
Unauthorized copying or disclosure of construction use are prohibited by the
excerpted from without the express written permission of W Design Associates.
This document and the information contained may not be reproduced or
DOLLAR GENERAL
1 (2017-01-17)
REVISIONS
WWW.WDESIGNEA.COM2626 W. 2ND ST. HASTINGS, NE 68901 | 402.463.2377
CHECKED:
NEW SITE DEVELOPMENT
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DESIGN ASSOCIATES
DRAWN:
T.A.S.
DWG:
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Control Data
3790.03790.0