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HomeMy WebLinkAboutVARIANCE Impervious Coverage 451 E Wonderview Ave 2017-06-06 451 E. Wonderview Ave. (Safeway) ff Impervious CoverageVariance 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:June6,2017, 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 4.4.C.4 Table 4-5 Density and Dimensional Standards for the Nonresidential Zone Districts. The variance would allow a total of 85.6% impervious coverage for the lot in lieu of the 65% maximum allowed in the CO (Commercial Outlying) zone district. The Variance represents a 1% increase over existing conditions. The purpose of the variance is toallow an expansion to the existing Safeway building. The expansion would replace a small area of landscaped space with new impervious area. The existing impervious coverage for the lot is at 84.6%. Staff recommends approval. LOCATION: 451 Wonderview Ave., within the Town of Estes Park VICINITY MAP:See attachment APPLICANT/OWNER:Safeway Stores INC / Stanley Village Shopping Center, LLC STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION:This is a request to grant a varianceto allow a1% increase in the maximum impervious coverage allowed for a CO (Commercial Outlying) zoned lot. Currently, the lot is approximately 13.92 acres in size and is developed with the Stanley Village Shopping Center. The site consists of multiple buildings, parking lots, and pedestrian connections. The existing lot coverage was calculated to be 84.6%, which is 19.6% over the allowed 65%in the CO zoning district. This Variance application is necessary to allow the Safeway building to expand. There is a staff level Development Plan running concurrently with this application. The proposed project is a 6,280 SF addition to the east side of the Safeway building. The addition would take place over an asphalted parking area and landscape island. Because the landscapeisland is being taken out/altered, the impervious coverage for the lot will increase by 0.1%or 568 SF. With this expansion, the impervious lot coverage will be over by 19.7%, even though the actual expansion is only 0.1%. Therefore, a Variance is required for this project. The applicant has requested a 0.1% Variance,but staff feels taking it to the next whole number is more appropriate in this case, as with most numerical standard variances. 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 is zoned CO (Commercial Outlying) which requires a maximum of 65% impervious lot coverage. The site is currently built out with an impervious coverage of 84.6%. The proposed project will increase the coverage by 0.1% bringing up the total to 84.7%. It is unclear how the entire site was able to be built over 65% coverage. The EVDC was established in 2000 with this provision being put into place. Stanley Village was originally Figure 1: Proposed Safeway expansion over existing landscape Staff islands research has shown that throughout s, impervious lot coverage was a maximum of 80% in this zone district, unless a higher amount was approved through the Special Review process. Staff has not found evidence of a Special Review or other approval allowing 84.5% impervious coverage. Regardless, the new Code provisions created in 2000 made this entire lot legally non- conforming in regards to impervious lot coverage. Staff finds that the creation of the EVDC in 2000 drastically changed the lot dimension requirements for this zone district, therefore making future development difficult to accomplish. Staff finds that there is a special circumstance associated with this lot. 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; 451 E. Wonderview Ave. Page 2 of 5 Impervious Lot Coverage Variance Staff Finding: The property can remain with its current build out on the lot. The area would not be eligible for any expansion of the buildings or uses. This poses a problem in the future as there is additional space on the lot to build on. Any significant future project will require a Variance to impervious lot coverage as well. Alternatively, a future EVDC amendment could be adopted to change the lot coverage requirement to a figure more appropriate to shopping- center use. b. Whether the variance is substantial; Staff Finding: Staff does not find this request to be substantial considering the past regulation of 80% maximum lot coverage. The site was clearly built to that standard. The proposal represents a 0.1% deviation from the existing coverage. The Variance request represents a 1% deviation from the existing coverage. 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 built with a large shopping center. Adding a 6,280 SF addition will not alter the character of the neighborhood. Increasing the impervious lot coverage by 0.1% over what it already built will not alter the neighborhood. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Approval would not have any effect on public services such as water and sewer. The Development Plan process will address specific locations for public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant was not aware of the impervious lot coverage standard of the EVDC. Staff brought it to attention of the representative. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: There is no way to accomplish the project without a Variance. The project is not eligible for a staff level Minor Modification. 451 E. Wonderview Ave. Page 3 of 5 Impervious Lot Coverage Variance 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 uncommon to find properties built to standards 20 years ago that are in great conflict with current Codes. It is uncommon to have not have a clear history on such a prominent property in Town. A Code amendment, while available in the fullness of time, would take several months to process and would probably result in loss of most of all of 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: The project does not result in reducing the size of the lot. 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. Other options do exist though. The applicant may remove impervious coverage on the lot and replace it with pervious coverage (more landscape islands, etc.). The project does entail new landscaping but the amount does not relieve the project of needing a Variance. The applicant stated in the Statement of Intent that parking and paving is a critical part of the shopping center and must be preserved. 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 is not recommending any conditions at this time. 451 E. Wonderview Ave. Page 4 of 5 Impervious Lot Coverage Variance STAFF RECOMMENDATION:Staff recommendsAPPROVALof the requested impervious lot coverage variance. SUGGESTED MOTIONS I move to APPROVE the requested variance according to findings of fact and conclusions of law, with findings recommended by staff. To allow an increase of 1% to the existing 84.6% impervious lot coverage with reference to the submitted site plan. The new maximum shall be 85.6% impervious lot coverage. 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 451 E. Wonderview Ave. Page 5 of 5 Impervious Lot Coverage Variance