The URL can be used to link to this page

Home My WebLink AboutVARIANCE Setback 915 Moraine Ave 2020-10-06 915 Moraine Avenue,VarianceRequest Setbacks 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 P ARK B OARD OF A DJUSTMENT MEETINGDATE, FORMAT: October 6, 2020,.m., virtual(online)meeting, no physical location. Note:The public hearing willbe conducted electronically. Advance registration for testifying at the public hearing is preferred to ensurean orderly hearing. Information for participation in the public hearing willbe provided in the published agenda,which willbe available at https://estespark.colorado.gov/boardsandmeetings. APPLICANT REQUEST: Applicant requests approval of a variance to setbacks along two property lines. A zerofoot(0’) setback is proposedin lieu of the minimum required twenty-fivefeet(25’) along Moraine Avenue/Highway 36, anda nine foot (9’)setback is proposed in lieu of the minimumrequiredfifteen feet (15’)(from High Drive). Thesetback requirements are inSection 4.4.C. of the Estes Park Development Code(EPDC). This varianceinvolves acknowledgement of preexisting nonconforming setbacks fora structurethat well predate the EPDC, with a new proposedawning addition also beingproposedwithin the setback. The subject property is within a CO (Outlying Commercial) Zoning District. Staff is recommending approval ofthis variance. LOCATION: Bird & Jim restaurant. Addressed as 915 Moraine Avenue. Located westof the intersection of Moraine Avenue and High Drive. See attached vicinity map. LEGAL DESCRIPTION: Lot 1A Amended Lots 1 - 4 and 11 - 12, Beaver Point Heights Subdivision, Town of Estes Park, Larimer County, Colorado. Recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20170011082, on 02/17/2017. APPLICANT/OWNER: Strong & Co., LLC, Melissa Strong STAFF CONTACT: Jeffrey Woeber, Senior Planner PROJECT DESCRIPTION, BACKGROUND: The applicant proposes installing an awning, with a metal frame support, to cover existing outdoor seating for the Bird & Jim restaurant. This is especially criticalfor the restaurant to remain operational, due to the COVID emergencyand requirements put in place to provide social distancing and more outdoor dining where possible. An “Embrace the View” Temporary Use Permit wasreviewed and approved in late June of this year to provide for additional outdoor seating areas involving tents, etc. The lot containing the restaurant is triangular shaped, located with High Drive generally to the north and Moraine Avenue (State Highway 36) generally to the south, with these two roadways intersecting at the east portion of the property. This is not a 90 degree, square intersection but is angled such that the applicant’s lot has a very challenging, narrow configuration. The 3745± square foot structure housing the Bird & Jim restaurant was originally constructed in 1924, according to Larimer County Assessor’s records. There have been various additions and renovations in the structure’s 95 + year history. Due to the age, property configuration and related constraints, and the fact the structure has origins that well predate zoning standards and modern building codes, this structure currently encroaches the property line, into the Town right-of-way (r.o.w.) along High Drive, and into the CDOT r.o.w. along Moraine Avenue. See attached site plan and excerpt from a preliminary plat. The encroachments, existing and proposed, are fairly complex. With that, staff has outlined a summary of the existing and proposed encroachments, as follows: The existing restaurant structure is located 10.7 feet from the property line (CDOT r.o.w.) along Moraine Avenue. Minimum setback for this structure at property line along Moraine Avenue is 25 feet, per the EPDC. Structure predates EPDC. A patio, including a stone wall foundation, encroaches 1.6 feet over the property line, into the CDOT r.o.w, adjacent to the existing restaurant along Moraine Avenue. This patio is the outdoor seating area which the applicant proposes to cover with an awning. The proposed awning would have an overhang up to 3.9 feet over the property line, into the CDOT r.o.w., along Moraine Avenue. The existing restaurant structure encroaches 2.6 feet over the property line, into the Town r.o.w., along High Drive. Minimum setback for this structure at property line along High Drive is 15 feet, per the EPDC. Structure predates EPDC. The same proposed awning would be constructed to wrap around the east of the existing restaurant structure, within 9 feet of the property line/Town r.o.w. along High Drive. Staff notes the encroachment of the structure and stone wall over property lines is not an ideal situation. These type of encroachments can often be problematic for various reasons. However, the situation has existed for decades. In 2017 the encroachment was clearly depicted on an Amended Plat, which was reviewed and approved by Town staff and officials. The encroachments do not appear to have caused any significant issues, and it is not within staff’s or the Board of Adjustment’s scope to attempt to resolve this at this time. REFERRAL AND PUBLIC COMMENTS: Public Notice. Written notice has been mailed to surrounding property owners in accordance with EPDC requirements. 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 as required. Staff has not received input or comment regarding the proposed variance. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. No utilities are impacted by the proposed variance or awning. The Estes Valley Fire Protection District notes no additional fire code requirements apply to the proposal, and the Fire District recommends approval. The Town of Estes Park Public Works Department “…is not opposed to approval of the setback variance requested…” The Colorado Department of Transportation (CDOT) initially indicated the proposed awning would not be permitted in the State Highway r.o.w., but upon further inquiry by the 915 M ORAINE A VENUE,B IRD &J IM R ESTAURANT P AGE 2 OF 4 V ARIANCE R EQUEST, R EAR S ETBACK, BOA 10/6/2020 applicantit has been determined CDOT may allow the awning, subject to approval of a CDOT Special Use Permit. Staff emphasizes that any CDOT application and approval is separate and distinct from this Board of Adjustment process. Both approvals are needed to construct the awning as proposed. REVIEW CRITERIA: In accordance with the EPDC, 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 existing structure was established in 1924, according to Larimer County Assessor’s records. The narrow, triangular parcel configuration, combined with the location of the structure, creates practical difficulty in meeting required setbacks, etc., and in fact there are existing encroachments into minimum required setbacks. 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, with the current restaurant. b. Whether the variance is substantial; Staff Finding: The variance may be considered substantial, with the 25 foot minimum setback distance proposed to be 0 feet at the property line along Moraine Avenue. However, as noted this setback is not able to be met due to the location and configuration of the structure and property boundaries. 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. 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; 915 M ORAINE A VENUE,B IRD &J IM R ESTAURANT P AGE 3 OF 4 V ARIANCE R EQUEST, R EAR S ETBACK, BOA 10/6/2020 Staff Finding:The EVDC(now EPDC)was adopted in the year 2000 and was readily available to the public. The current owner purchased the property after the year 2000. The applicant only considered adding the proposed awning with the onset of the Corona/COVID pandemic and associated restrictions. f.Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Other methods to add covered, outdoor customer seating are not realistic, due to the location of the current structure and the property configuration. 3.If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: A variance is the least deviation from the regulations. There is no process that could provide a lesser deviation than the proposed variance. 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 as proposed and detailed within the staff report to the Board of Adjustment (dated October 6, 2020). The Board of Adjustment acknowledges the existing structure on the subject property is located over property lines at a zero foot setback, which predates zoning regulations, and approves the additional setback encroachment requested, to install an awning over the outdoor patio seating area as proposed. The variance is approved with findings and conclusions as outlined in 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 and Addendum 3.Application 4.Awning/Canopy Plans 5.Site plan 6.Plat Excerpt, from “Preliminary Amended Plat” VHE,10/26/2016 915 M ORAINE A VENUE,B IRD &J IM R ESTAURANT P AGE 4 OF 4 V ARIANCE R EQUEST, R EAR S ETBACK, BOA 10/6/2020 NL RET SNIMXA EV A NEPSA N :26!Npsbjof!Bwf/!}!Ftuft!Qbsl!}!Dpmpsbep!}!:81/697/:943!}!cjseboekjn/dpn! Kvmz!38-!3131! Up!Xipn!Ju!Nbz!Dpodfso;! Xf!bsf!qspqptjoh!up!tifmufs!pvs!fyjtujoh!qbujp!tfbujoh!uibu!jt!bmsfbez!jo!vtf!jo!pvs!dvssfou-!bddfqufe!boe!bqqspwfe!pqfsbujoh! qmbot!bu!Cjse!'!Kjn!sftubvsbou-!:26!Npsbjof!Bwf/!!Ftuft!Qbsl/!!Uif!qbujp!tfbujoh!xf!dvssfoumz!ibwf!boe!bsf!vtjoh!jt!po!uif! fyjtujoh!qbujp!po!uif!Ixz!47!tjef!boe!opu!tifmufsfe!gspn!uif!tvo!ps!sbjo/!!! Xf!bsf!qmboojoh!po!qvuujoh!tfbtpobm!bxojoht!vq-!cvjmejoh!nfbubm!tvqqpsu!tztufn!up!ipvtf!uiftf!gbcsjd!bxojoht/!!Uif!gbcsjd! bxojoh!xjmm!cf!sfnpwbcmf..ublfo!epxo!jo!Tfqufncfs!boe!qvu!cbdl!vq!nje!up!foe!pg!Kvof/!!! Xf!bsf!vtjoh!NdMbjo!Dpotusvdujpo!gps!uijt!gvuvsf!qspkfdu/!!Njlf!Ebjmz!jt!pvs!bsdijufdu!xpsljoh!xjui!WboIpso!Fohjoffsjoh/!!!! Uibol!zpv!gps!zpvs!ujnf!boe!dpotjefsbujpo/! Tjodfsfmz-! Nfmjttb!Tuspoh!! Pxofs0!Pqfsbups! Cjse!'!Kjn! nfmjttbAcjseboekjn/dp! :81/338/4432! 7/8/2020 7.8.2020 7/8/2020 7.8.2020 8/9/3131 7/8/2020 7.8.2020 8/9/3131 N O T I C E On Tuesday, October 6, 2020 at 9:00 a.m. a virtual meeting will be held by the Estes Park Board of Adjustment, for review of the following Variance request for the property and purpose described below. Legal Description, Location: Lot 1A Amended Lots 1 - 4 and 11 - 12, Beaver Point Heights Subdivision, Town of Estes Park, Larimer County, Colorado. Addressed as 915 Moraine Avenue. Located west of the intersection of Moraine Avenue and High Drive. Variance Request: Applicant requests approval of a Variance from setback standards in Section 4.4.C. of the Estes Park Development Code to allow a setback of 0 feet, in lieu of the minimum 25 feet required along Moraine Avenue, and also 9 feet, in lieu of the minimum 15 feet required along High Drive for an awning addition to an existing structure. Property is zoned CO (Commercial Outlying). Owner/Applicant: Strong & Co., LLC Any person may comment on any matter to be considered. The public hearing may be conducted electronically. Advance registration for testifying at the public hearing is necessary to ensure an orderly hearing. Information for participation in the public hearing will be provided in the published agenda, which will be available at https://estespark.colorado.gov/boardsandmeetings. For more information, please visit https://estespark.colorado.gov/currentapplications, or contact the Community Development Department at planning@estes.org, or 970-577-3721. Please check the website two days prior to the meeting for notice of any changes, such as meeting continuances. PUBLISH: Estes Park Trail-Gazette September 18, 2020