HomeMy WebLinkAboutVARIANCE Structure Height 3960 Fish Creek Rd 2018-04-03
Cheley CampVarianceRequest
Structure Height
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:April3, 2018, 9:00 a.m.; Board Room, Estes Park Town Hall,
170 MacGregor Avenue
APPLICANT REQUEST:This is a request for approval of a variance toallow a height of 43feet, in
lieu of the 30 foot maximum allowable in the A, AccommodationsZoning District, per theEstes
Valley Development Code (EVDC), Table 4 –5, Base Density and Dimensional Standards
Nonresidential Zoning Districts.
Staff is recommending approval ofthis variance.
LOCATION: 3960 Fish Creek Road,in unincorporated Larimer County.
LEGAL DESCRIPTION:Lot 88 Westover Manor Subdivision, within a portion of the Southwest ¼ of the
th
Southwest ¼ of Section 12, Township 4 North, Range 73 West of the 6P.M., Larimer County.
VICINITY AND SITE MAP:See attachments
APPLICANT/OWNER:Cheley Colorado Camps, Inc.
STAFF CONTACT: Jeffrey Woeber, Senior Planner
PROJECT DESCRIPTION:This is a request to grant a variance to allowheight of 43feet, in lieu of the
30 foot maximum allowable in the A, Accommodations Zoning District. The applicant is installing a
“ropes course” for an existing summer camp. The ropes course poles must be installed at a certain
height, that exceeds the maximum allowed.
REFERRAL AND PUBLIC COMMENTS:
Public Notice. Written notice has been mailed to adjacent property ownerswithin 100 feet of the
subject property. 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 “variance
pending” sign.
Affected Agencies. This request has been routed to reviewing agency staff for review and comment.
Two agencies responded to the request for comment—Estes Valley Fire Protection District and Town of
Estes Park Utilities—each of whom stated they have no comment or objection to the variance request.
REVIEW CRITERIA:In accordancewith the EVDC, Section 3.6 C., Standards for Review, applications
for variances shall demonstrate compliance with the applicable standards and criteria contained
therein. These standards and criteria are outlined under “Staff Findings,” below.
The Board of Adjustment is the decision-making body for 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 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 exist—the summer camp is a unique use, and has
existed in this general area for over 90 years. Maintaining a summer camp that meets
expectations of guests can require installing structures higher than the maximum height allowed
per zoning standards that were established 18 years ago.
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 without the variance.
b. Whether the variance is substantial;
Staff Finding: The variance may be considered to be substantial, with the 30 foot maximum
allowable height proposed to be increased to 43 feet, however, the horizontal footprint is much
less than a typical building.
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 the character of the neighborhood would be altered, and there
would be no detrimental impacts to adjoining properties with approval of the proposed variance.
This site is forested and hilly, with no nearby neighbors or uses that would be adversely
impacted.
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.
e. Whether the Applicant purchased the property with knowledge of the requirement;
Staff Finding: The owner/applicant has owned the property since well before the adoption of
the EVDC in 2000 (or any development codes in the Estes Valley).
f. Whether the Applicant's predicament can be mitigated through some method other than a
variance.
Staff Finding: An effective “high ropes course” would not be feasible with a shorter structure.
3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief.
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Staff Finding:A variance is the least deviation from the regulations. There are no other viable
deviations from the regulations available for the applicant to establish the ropes course use as
proposed.
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. Staff does not find any conditions necessary for granting the variance request.
STAFF RECOMMENDATION: Staff recommends approval of the requested variance.
SUGGESTED MOTIONS:
I move to APPROVE the requested variance, allowing a “ropes course” structure, with associated
structures and equipment, to be built at a height of 43 feet, with findings and conclusions as outlined
within the staff report.
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. Drawing of Ropes Course Structure
5. Site Plan
6. Photo, Variance Sign
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