HomeMy WebLinkAboutVARIANCE Ferris Wheel 333 E Wonderview Ave 2014-05-06
ESTES VALLEY BOARD OF ADJUSTMENT
MEEETING DATE: May 6, 2014
REQUEST:
This request is for a variance from the Estes Valley Development Code (EVDC)
Section:
1. §4.4 Table 4-5 Density and Dimensional Standards for Nonresidential Zoning
District, which establishes a maximum building height of 30 feet.
The Applicant, The Stanley Hotel, wishes to erect a 50’ tall ferris wheel for three
days during their July 4th carnival. The Applicant held the carnival in 2013, but staff
were unable to approve the request for the ferris wheel due to height limitations. The
carnival is an allowed accessory use for this property, which is classified as “Private
recreational facilities for use by residents, employees or guests”.
The Applicant is applying for a temporary use permit to host the carnival event. In
reviewing a temporary use permit, staff “may impose conditions, including but not
limited to control of nuisance factors (e.g. glare, noise, smoke, dust), provisions of
security and safety measure, and limitations on hours of operation, storage and
parking” (§ 3.11.D).
Staff requested that the applicant obtain a variance to (i) address the height
limitations found in §4.4 and (ii) allow for public input of adjacent property owners
relating to the nuisance factors cited above (§3.11.D).
Comprehensive Plan Designation and Considerations
The Stanley Hotel is located in the Downtown Planning Area of the Estes Valley
Comprehensive Plan. The Plan speaks to the importance of the Stanley Hotel, but
does not establish development guidelines specific to this unique request.
Engineer: N/A
Parcel Number: 35244-53-001 Development Area: 34.35 Acres
Existing Land Use: Hotel Proposed Land Use: Same
Zoning Designation: A Accommodations
333 East Wonderview Avenue (Stanley Hotel)
Height Variance 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
333 East Wonderview Variance Request Page 2 of 5
Adjacent Zoning:
East: R Residential North: A Accommodations
West: CO Commercial Outlying and
RM Multi-Family
South: CO Commercial Outlying and
RM Multi-Family
Adjacent Land Uses:
East: Residential North: Residential
West: Residential South: Residential and Commercial
Services:
Water: Town of Estes Park Sewer: Estes Park Sanitation District
LOCATION: 333 East Wonderview Avenue
APPLICANT/OWNER: The Stanley Hotel
STAFF CONTACT: Phil Kleisler, Planner
REVIEW CRITERIA: In accordance with Section 3.6 C. “Standards for Review” of the
EVDC, 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.
REFFERAL AND PUBLIC COMMENTS: This request has been routed to reviewing
agency staff and adjacent property owners for consideration and comment. A legal
notice was published in the Trail Gazette.
Affected Agencies. No concerns expressed during review.
Public Comment. As of April 29, 2014 staff have received one email from adjacent
property owners stating that they are not opposed to the variance request. If comments
are received they will be posted at www.estes.org/CurrentApplications for the Board’s
review.
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 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: No special circumstances or exceptional topographic
conditions exist. Strict compliance with the Code’s standards would
prohibit the use of the ferris wheel.
333 East Wonderview Variance Request Page 3 of 5
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 carnival event was held in 2013 without a ferris wheel.
Hotel and temporary carnival use may continue absent of this request.
b. Whether the variance is substantial;
Staff Finding: The variance is temporary and not substantial.
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 with the approval of this variance. The view corridors
established in the Stanley Historic District Master Plan will be obstructed for
the period of the temporary carnival.
d. Whether the variance would adversely affect the delivery of public services such
as water and sewer.
Staff Finding: Reviewing agencies expressed no concerns relating to
public services for this variance. The Estes Valley Fire Marshall
recommends approval conditional to State permitting compliance.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: The Stanley Hotel was established well before the adoption
of the Estes Valley Development Code.
f. Whether the Applicant's predicament can be mitigated through some method
other than a variance.
Staff Finding: A variance is the only method to allow the desired ferris
wheel.
3. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff Finding: A variance is the only method to allow the desired ferris
wheel.
333 East Wonderview Variance Request Page 4 of 5
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.
Staff Comment. The Board may impose restrictions such as time of
operation.
STAFF RECOMMENDATION:
Should the Board opt to approve, staff recommends the following conditions:
1. Time of operation of the ferris wheel shall be 10:00 A.M. through 10:00 P.M.; and
2. The days of operation shall be July 3, 2014 through July 5, 2014.
SUGGESTED MOTIONS
I move to APPROVE the requested variance with the findings and conditions recommended by
staff.
I move to DENY the requested variance with the following findings (state reason/findings).
View of 50’ ferris wheel from Highway 36.
Ferris wheel
view from
Hwy 36
333 East Wonderview Variance Request Page 5 of 5
Google Street View of the Stanley Hotel
Same Google Street View showing proposed 50’ ferris wheel