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Home My WebLink AboutVARIANCE Building Size 800 MacGregor AVe 2018-12-04 800 MacGregor Ave.,VarianceRequest Maximum Building Size for Nonresidential Uses Estes Park Community Development Department, Planning Division Room 210, 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:December4, 2018, 9:00 a.m.; Board Room, Estes Park Town Hall,170 MacGregor Avenue APPLICANT REQUEST:The applicant requests(1) variance from the Estes Valley Development Code. 1.From Section 5.2.D.4 “Maximum Building or Structure Size for Nonresidential Uses. Except as otherwise expressly limited or allowed in this Section, and except for accessory recreational facilities including swimming pools, freestanding accessory buildings and structuresshall not be larger than one thousand (1,000) square feet of gross floor area”. LOCATION: 800 MacGregor Ave., in the Town of Estes Park LEGAL DESCRIPTION:Lot 2, Amended and restate Black Canton Inn Minor Sub EXISTING ZONING:A-Accommodations VICINITY AND SITE MAP:See attachments APPLICANT/OWNER:Jes Reetz, Cornerstone Engineering & Surveying Inc, /Black Canyon Resort LLC, Owners STAFF CONTACT: Robin Becker, Planner I PROJECT DESCRIPTION:A development plan has been conditionally approvedforan accommodationsand commercialuse development project known as theBlack Canyon Inn. The proposed development will consist of awedding venue andanaccommodationbuilding,along with 8 condo-style accommodation units. The proposal forthewedding venue entails an 11,900square foot buildingwhich is 10,900 square feet over the allowed 1,000 square feetof gross floor area permittedin EVDC Section 5.2.D.4. Given the history of this use (wedding venue) in the Estes Valley planning has been unable to find any documentation on why this section of code was ignored with multiple wedding venues in and around Town. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to adjacent property ownersin accordance with EVDC §3.15 -General Notice Provisions. A legal notice was published in the Estes Park Trail- Gazette. The application is posted on the Town’s“Current Applications” webpage. The site has been posted with a“Development Proposal under Review” signas well. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No comments were received. REVIEW CRITERIA:In accordancewith the EVDC §3.6 C., Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. STANDARDS FOR REVIEW (3.6)(C) 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: Special circumstances do not exist on the property. The proposal is unrelated to the physical conditions of the property. 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: There is beneficial use of the property under the current conditions. Without the variance the owner would not be allowed to complete the conditionally approved Development Plan. The applicant has proposed, if not granted the variance, they would develop the property with additional accommodation units instead of the proposed wedding venue. b. Whether the variance is substantial; Staff Finding: The variance proposed is substantial. The variance to allow up to an 11,900 square foot accessory building, opposed to 1,000 square feet as permitted by code is significant. It should be noted that the code does not address accessory structures being larger than principal structures. 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: Staff does not find that the character of the neighborhood would be altered as the neighboring property has an existing outdoor wedding venue. The surrounding neighborhood is a mix of zoning designations including; accommodations, residential multi-family, residential estate, and estate. Furthermore the design of the wedding venue has been set back into the landscape to provide the least amount of visibility from the neighbors. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. B LACK C ANYON I NN P AGE 2 OF 3 V ARIANCE R EQUEST Staff Finding:Approval would not have any effecton public services such as water and sewer. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The EVDC was adopted in the year 2000 and is readily available to the public. The developer is aware of current code requirements. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant can propose either a 1,000 square foot wedding venue or remove the wedding venue to comply with code requirements. However, the size proposed is unable to be mitigated with other methods than a variance. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The requested variances are the least deviation from the regulations that would allow the property owner to go forward with the conditionally approved Development Plan. 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 BOA is welcomed to review and consider conditions as needed. Staff has no recommended conditions at this time. STAFF RECOMMENDATION: Staff recommends approval of the requested variance as the request addresses an ongoing employee housing shortage in the Estes Valley as evident in the letters of commitment and interest. SUGGESTED MOTIONS: I move to APPROVE the following variance, with findings and conclusions as outlined in the staff report. I move to DENY the requested variance with the following findings (state reason/findings for Denial). ATTACHMENTS: 1. Vicinity Map 2. Statement of Intent 3. Application 4. Site Plan 5. Public Comments B LACK C ANYON I NN P AGE 3 OF 3 V ARIANCE R EQUEST se 327!4!Tusffu-!Sfrvftu!gps!Wbsjbodf!Tfucbdl! Qbsdfm!Ovncfs!36413.1:.113! December 11, 2018 Black Canyon Resort, LLC 800 MacGregor Ave. 11 Estes Park, CO 80517 RE: Maximum Size for Structure Variance Dear Black Canyon Resort LLC, On December 4, 2018, the Estes Valley Board of Adjustment APPROVED your request for a maximum size for structure variance from EVDC Section 5.2.D.4. to allow a square foot building in lieu of the minimum per the EVDC. Please keep this letter for your records. Should you have any questions, please do not hesitate to ask. Sincerely, Robin Becker Planner I 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG /ƚƒƒǒƓźƷǤ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ ВАЉΏЎААΏЌАЋЉ tƌğƓƓźƓŭ ε ƚƓźƓŭ ƩĬĻĭƉĻƩθĻƭƷĻƭ͵ƚƩŭ