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Home My WebLink AboutVARIANCE Employee Housing 2018-10-02 800 Big Thompson Ave.,VarianceRequest Employee Housing Unit Size 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:October 2, 2018,9:00 a.m.; Board Room, Estes Park Town Hall, 170 MacGregor Avenue APPLICANT REQUEST:The applicant requests(2) variances from the Estes Valley Development Code. 1.Variance #1: From Section 5.2.C.2.a.1.b Additional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts–Employee Housing, to allow individual dwelling units used for employee housing to exceed 800 square feet of gross floor area. 2.Variance #2: From Section 5.2.C.2.a.2.bAdditional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts–Employee Housingto permit total cumulative square footage of the employee housing units and accessory use areas to exceed that of the principal use. LOCATION:800 Big Thompson Ave., in the Town of Estes Park \[Note: a corrected address will be determined in the near future\] LEGAL DESCRIPTION:Lot 1, Stanley Hills Sub EXISTING ZONING:CO, Commercial Outlying VICINITY AND SITE MAP:See attachments APPLICANT/OWNER:Lonnie Sheldon, Van Horn Engineering/Jeffrey & Tami Berger, Owners STAFF CONTACT:Brittany Hathaway, Planner II PROJECT DESCRIPTION:A development plan is under review for a mixed-use commercial development project known as the Alarado Business Park. The proposed development will consist of an urgentcare facility, asandwich shopwith a drive-thru, and employee housing. The proposal for the employee housing element is for large sharedunits on the second and third levelsof the project. 7 of the proposed 9 units are designedto be 5 bedrooms,at a square footage of 3,200 each.The remaining 2 units are designed to be 2 bedrooms eachbetween 1,200 and 2,200 square feet. The proposed variance would allow for up to 3,200 square foot units as opposed to units of 800 square feet or less as permitted by EVDC §5.2. Additionally, a second variance is proposed to permit the total cumulative square footage of the employee housing units and accessory use areas to exceed that of the principal use. The proposed employee housing units would occupythe second and third levels of the mixed- use development, which results in anestimated square footage of 25,800. The principal commercial uses consist of the entire ground level and is estimated to be a total of 15,039 square feet. To date staff has received a number of commitment letters from Estes Valley employers (see attachment #5)in connection with the residential space.Thus far, both of the 2-bedroom units have been committed and 5 of the 5-bedroom units have been committed. Additional letters of support have indicated interest as well in the remaining units. It should also be noted that in addition to committed employers within walking distance, many employers employ J-1 visa program participants, therefore parking concerns are mitigated through alternative means of transportation such as bus, shuttle, and biking. 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 2“Development Proposal under Review” signsas 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’sstandards, 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 circumstancesdo 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 thecurrentconditions.Without the variance, employee housing units of800 square feet are permitted. b.Whether the variance is substantial; A LARADO B USINESS P ARK P AGE 2 OF 4 V ARIANCE R EQUEST Staff Finding:The variances proposed are substantial. The first variance to allow up to 3,200 square foot units as opposed to 800 square foot units permitted by code is significant. The second variance, to allow an accessory use area to exceed the principal use,is also substantial as the accessory use (employee housing) is estimated at 25,800 square feet versus the principal use estimated at 15,039 square feet. This is the result of the employee housing being on the second and third floor with the principal commercial uses being at ground-level. The building footprint, including setbacks and building height, are unchanged with this request. 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 neighborhoodwould be altered as it is not increasing the overall building footprintor causing encroachments into setbacks or height restrictions, and the property has been commercially zoned since platting. With regard to traffic and parking concerns, per EVDC §7.11, 2 spaces are required per employee housing unit. With 9 units proposed, required parking would be 18 spaces. Only 11parking spaces are currently proposed.As of September 27, 2018, commitment letters have been received from several employersin the Estes Valley. As such, staff can recommend approval of the development plan and variance with reduced parking due to employment proximity for employees to walk or bike to work, and/or a shuttle service provided by an employer. d.Whether the variance would adversely affect the delivery of public services such as water and sewer. 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 currently under contract for the propertyand 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 800 square foot units and decrease the size and/or number of the employee housing units to comply with code requirements.However, the size and number of units proposed are 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:Therequested variancesarethe least deviation from the regulationsthat address the demand for employee housing per the applicant. A LARADO B USINESS P ARK P AGE 3 OF 4 V ARIANCE R EQUEST 4.In granting such variances, the BOA may requiresuch conditions aswill, 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 approvalof the requested varianceas the request addresses an ongoingemployeehousing shortage in the Estes Valley as evident in the letters of commitment and interest. SUGGESTED MOTIONS: I move to APPROVEthe following variances,with findings and conclusions as outlined in the staff report. I move toDENY the requested varianceswith thefollowing findings (state reason/findingsfor Denial). ATTACHMENTS: 1.Vicinity Map 2.Statement of Intent 3.Application 4.Proposed Site Plan& Floor Plans 5.Letters of Commitment &Interest 6.Posted Development Proposal Sign 7.Public Comments A LARADO B USINESS P ARK P AGE 4 OF 4 V ARIANCE R EQUEST 655 835 665 670 675 833 685 680 695690 520 741 Subject Property 800 800 451 621 561 610 500 Uijt!esbgu!epdvnfou!xbt!qsfqbsfe!gps!joufsobm!vtf!cz!uif 2!jo!>!82!gu Upxo!pg!Ftuft!Qbsl-!DP/!Uif!Upxo!nblft!op!dmbjn!bt!up Alarado Business Park Town of Estes Park uif!bddvsbdz!ps!dpnqmfufoftt!pg!uif!ebub!dpoubjofe!ifsfpo/ Steamer Dr./Big Thompson Evf!up!tfdvsjuz!dpodfsot-!Uif!Upxo!sfrvftut!uibu!zpv 15191 Dpnnvojuz!Efwfmpqnfou ± Qsjoufe;!:02103129 ep!opu!qptu!uijt!epdvnfou!po!uif!joufsofu!ps!puifsxjtf Gffu Dsfbufe!Cz;!Csjuuboz!Ibuibxbz nblf!ju!bwbjmbcmf!up!qfstpot!volopxo!up!zpv/ Photo taken 9/12/2018 October 2, 2018 Alarado Properties, LLC 1911 Arrowhead Drive Holdrege, NE 68949 RE: VarianceApproval To Whom It May Concern, On October 2, 2018, the Estes ValleyBoard of Adjustment APPROVEDyour request for the following variances from the Estes Valley Development Code: Variance #1: From Section 5.2.C.2.a.1.b Additional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts–Employee Housing, to allow individual dwelling units used for employee housing to exceed 800 square feet of gross floor area. The variance shall permit individual dwelling units with a gross floor area of no more than 3,240 square feet, including balconies. Variance #2: From Section 5.2.C.2.a.2.b Additional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts–Employee Housingto permit total cumulative square footage of the employee housing units and accessory use areas to exceed that of the principal use. Please keep this letter for your records. Should you have any questions, please do not hesitate to ask. Sincerely, Brittany Hathaway Planner II Cc: Van Horn Engineering& Surveying 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Community Development Department 970-577-3729 Planning & Zoning bhathaway@estes.org