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HomeMy WebLinkAboutVARIANCE Setback 1051 Fall River Ct 2020-06-02 ESTES PARK BOARD OF ADJUSTMENT MEETING DATE , FORMAT: June 2, 2020, 9:00 a.m. The public hearing may be conducted electronically. Advance registration for testifying at the public hearing is preferred 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. APPLICANT REQUEST: Applicant requests approval of a rear setback of 10 feet, in lieu of the minimum 25 feet required (as the property abuts a residential zoning district), per Section 4.4.C. of the Estes Park Development Code (EPDC). This is for a proposed addition to an existing structure. The subject property is within an A (Accommodations) Zoning District. Staff is recommending approval of this variance. LOCATION: 1051 Fall River Court, at the southwest corner of the intersection of Fall River Road and Fall River Court. See attached vicinity map. LEGAL DESCRIPTION: Lot 1 of the Replat of Lot 1 and 2, Block 3 of the Replat of Lots 1 and 2, Block 3, Fall River Estates Subdivision, Town of Estes Park, Larimer County, Colorado APPLICANT/OWNER: Ryan Rohrbaugh, Rohrbaugh Properties, LLC STAFF CONTACT: Jeffrey Woeber, Senior Planner PROJECT DESCRIPTION: The applicant proposes a 450± square foot addition to an existing office facility, with a rear yard setback of ten feet. This addition would provide a room for meetings and other gatherings, for use by onsite guests from Aspen Winds lodging and condominium facilities. With the configuration of the existing building, which according to Larimer County Assessor’s records was constructed in 1994, the location of the addition cannot be placed elsewhere on the structure. 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 did not receive written comments regarding the proposed variance. Staff took three calls from adjacent owners. After answering general questions, none of the owners expressed opposition or concerns. Affected Agencies. This request has been routed to reviewing agency staff for review and comment. The Estes Valley Fire Protection District “has no commentary” regarding the variance, noting the water supply shall be in accordance with the Fire Code. The Town of Estes Park Utilities Department “has no 1051 Fall River Court, Variance Request Rear Setback 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 1051 FALL RIVER COURT VARIANCE REQUEST, REAR SETBACK, BOA 6/2/20 PAGE 2 OF 3 objection to this Variance application.” The Town of Estes Park Public Works Department has “no specific comments,” noting standard requirements pertaining to site work for the project will be addressed at the building permit stage. 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 office facility structure was established, according to Larimer County Assessor’s records, in 1994. This was reviewed under previous zoning standards in place prior to the Estes Valley Development Code adoption in 2000. The rear setback in the A (Accommodations) Zoning District, per the EPDC is 10 feet. However, Note No. 6 of Table 4 – 5 of Section 4.4.C. requires that the “Setback shall be increased to 25 feet if the lot line abuts a residential zoning district boundary.” This setback increase is to provide a bit more distance between accommodations type uses and structures and residences. Here, the adjacent residentially zoned property requiring the additional distance is “Outlot F,” which is, according to the recorded plat, “Private Open Space.” There will be no residential development or any structures placed on Outlot F without a replat of this outlot. An excerpt of the Plat is attached for reference, below (recorded in records of Larimer County Clerk and Recorder at Reception No. 20060096598). 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 office facility. b. Whether the variance is substantial; Staff Finding: The variance may be considered somewhat substantial, with the 25 foot minimum setback distance proposed to be reduced to 10 feet. However, as noted above there will be no structures placed on the adjacent property, so the reduced setback will have no substantial impact. 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. 1051 FALL RIVER COURT VARIANCE REQUEST, REAR SETBACK, BOA 6/2/20 PAGE 3 OF 3 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 EVDC was adopted in the year 2000 and was readily available to the public. The current owner purchased the property after the year 2000. It is unlikely the applicant planned to add the proposed addition until quite recently. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Other methods to put an addition on the applicant’s office facility are not realistic, due to the configuration of the current structure that dates from 1994 and its location on the lot. 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, allowing a rear setback of no less than ten (10) feet, along the southwest, rear property line of the subject property at 1051 Fall River Court, Town of Estes Park, 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 3. Application 4. Site plan 5. Plat Excerpt, from Recorded Plat of Subject Property Site Location Ê LAKE ESTES HIGH DR HIGHWAY36 F A L L R I V E R R D M O R A I N E A V E E L M R D WELKHORN A VE R I V E R SID E D R WWONDERVIEW AVE CL A RA D R DE V I L S G U L C H R D FISH HA T CH ERYRD BI G HORN DR L A R K S P U R R D WEST LN M A C G R E G O R A V E DAVID DR HE I NZ P K W Y TA N AG E R R D ROCKRIDGERD CHAPINLN M I LLSDR BIRCH AVE UPPERHIGH DR ASPEN AVE D A V I S S T B I G T H O M P S O N A V E O L D R A N G E R D R E E L K H O R N A V E F A L L RIV E R L N MOCCASIN C I R C L E D R SOUTH LN FIR AVE RANG E VIEW R D STEAME R P KWY CLEAVE ST STANLEY C I R C L E D R LLOYD LN P I O N E E R L N S P R U C E D R LUMPY RIDGE RD HOMESTEAD LNSLEEPY HOLLOW RD P R O S P E C T O R L N B L U E B E L L D R M O R E A U L N P A R K V IEWLN IVY LN FALL RIVER RD 0 0.25 0.5 Miles -Town of Estes Par kCommunity Development Printed: 5/27/2020 Created By: Jeff Woeber Project Name: Project Description: Aspen Winds on the River Variance Request, Rear SetbackFor Illustrative Pur poses Onl y Trail Ridge Consulting Engineers and Interstice Architectural Studios is requesting a Minor Modification for a proposed building setback variance. Aspen Winds on the River is an accommodations business at 1051 Fall River Ct. The property crosses Fall River and abuts US Highway 34 to the East. They have 14 accommodation units on the west side of Fall River with parking and an office building behind, further to the west. In addition to their office, this building also contains managers quarters, maintenance and laundry facilities and a couple additional accommodation units. The proposed addition on the west side of the office building is a 450sf hospitality room that includes a small kitchenette, men's and women's restrooms and a small storage room for tables and chairs. The room can accommodate groups of 20 to 50 occupants for parties, meals or meetings with the intent that the occupants would be over-night guests. By building the hospitality room adjacent to the office building, they will be able to appropriately observe and service the room with food, linen and housekeeping. This additional amenity will allow Aspen Winds to remain competitive. The hospitality room will bring fire sprinklers to the building. The room is immediately adjacent to an existing interior stairway. At an upper landing of that stairway, a small (70 sf) sitting room is proposed. This sitting room will appear as a large dormer over the roof of the hospitality room, but it's peak will be 4'-4" below the exiting roof ridge. The structure is being designed to recess into the hill side at an elevation where it's roof will be lower than and clearly secondary to the massing of the office building as it currently exists. The addition will not be visible from the east, nor from the river or highway. The roof will be visible from Blue Spruce Lane and from Fall River Drive, but the floor elevation will be several feet below these drives. The south corner of the hospitality room addition is proposed to encroach 4'-3" into the 15'-0" setback along the south property line. No part of the building will encroach into the 10'-0" utility easement along the south property line. Beyond the south property line there is a public open space Outlot F which provides an additional approximately 60'-0" buffer to Blue Spruce Lane. Considering the lower stepped-down building massing of the proposed addition, that it's floor level is several feet below the surrounding roads, and the sizable buffer provided by Outlot F, the requested variance to the setback proposed by this building addition will not impact neighboring properties. Street Address of Lot: Lot: Lot Size Proposed Land Use Town Well Town Well Existing Sanitary Sewer Service EPSD UTSD Septic Proposed Sanitary Sewer Service EPSD UTSD Septic Existing Gas Service Other None Are there wetlands on the site?Yes No Variance Desired (Development Code Section #): Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Application fee (see attached fee schedule) Statement of intent (must comply with standards in Section 3.6.C of the EPDC SJVHH DWWDFKHG)  copy (folded) of site plan (drawn aa scale of 1" = 20') ** 1 reduced copy of the site plan (11" X 17") Digital copies of plats/plans in TIFF or PDF format emailed to planning@estes.org DQG 3ODQQHU Existing Land Use Site Information Attachments Legal Description: Parcel ID # : Subdivision: Zoning Other (Specify) Xcel ESTES PARK BOARD OF ADJUSTMENT APPLICATION Submittal Date: Block:Tract: Record Owner(s): General Information Existing Water Service Primary Contact Information Variance ** The site plan shall include information in Estes Park Development Code Appendix B.VII.5 (attached). The applicant will be required to provide additional copies of the site plan after staff review (see the attached Board of Adjustment variance application schedule). Copies must be folded. Proposed Water Service Other (Specify) Site Access (if not on public street) Town of Estes Park I P.O. Box 1200 I 170 MacGregor Avenue I Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 I Fax: (970) 586-0249 I www.estes.org/CommunityDevelopment Revised 2020.04.01 ks 1 3 1.33 Acres Rohrbaugh Properties LLC 1051 Fall River Ct, Estes Park, CO 80517 Lot 1, Replat of Lot 1 and Lot 2, Block 3 of the replat of Lots 1 & 2, block 3, Fall River Estates 3522226001 A-Accommodations Accommodations Accommodations Section 4.4, Non-Residential Zoning Setbacks (A-Accommodations) Joe Calvin, Interstice Architectural Studio joe@intersticearch.com Cell Phone Fax Email APPLICATION FEES See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Phone Cell Phone Fax Email Phone Cell Phone Mailing Address Mailing Address Fax Phone Contact Information Consultant/Engineer Email Mailing Address Record Owner(s) Applicant Revised 2020.04.01 ks Rohrbaugh Properties LLC 1051 Fall River Ct, Estes Park, CO 80517 970-214-4000 ryobot3000@gmail.com Ryan Rohrbaugh 970-214-4000 ryobot3000@gmail.com Joe Calvin, Interstice Architectural Studio 970-420-8264 joe@intersticearch.com 4/15/20 4/15/20 ► ► ► ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date I understand that I am required to obtain a "'HYHORSPHQW 3URSRVDO 8QGHU 5HYLHZ" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of my property and the proposed building/structure corners must be field staked. I understand that the sign must be posted and the staking completed no later than ten (10) business days prior to the Estes Park Board of Adjustment hearing. I understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance may automatically render the decision of the BOA n ull and void." (Estes Park Development Code Section 3.6.D) I understand that a resubmittal fee may be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Board of Adjustment Variance Application Schedule and that failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner Applicant Signatures: Record Owner Applicant I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. OWNER & APPLICANT CERTIFICATION I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: https://www.municode.com/library/CO/estes_valley/codes/development_code As Applicant, I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. As Owner, I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I am the record owner of the property. Revised 2020.04.01 ks Ryan Rohrbaugh, Rohrbaugh Properties, LLC Joe Calvin, Interstice Architectural Studio, LLC ∆ ∆ U S H I G H W A Y 3 4 FAL L R I V E R C T BL U E S P R U C E L A N E FA L L R I V E R D R I V E F A L L R I V E R A S P H A L T D R I V E A N D P A R K I N G L O T AS P H A L T D R I V E F A L L R I V E R 7 . 0 ' 7 . 7 ' 7.0' 1 0 . 0 ' 15.0 ' 1 8 . 0 ' 5.5' 1 3 . 5 ' 3.5' 9 . 5 ' 24.0 ' 1 6 . 2 ' 2.5' 10.7'PROPOSED SETBACK 10.0' PROPOSED SETBACK FA L L R I V E R D R I V E BL U E S P R U C E L A N E U S H I G H W A Y 3 4 FAL L R I V E R C T A S P H A L T D R I V E A N D P A R K I N G L O T AS P H A L T D R I V E F A L L R I V E R ∆ ∆ PROPOSED BUILDING ADDITION 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2019 DAB SKETCH PLAN FOR SETBACK VARIANCE ASPEN WINDS ON THE RIVER OWNER ROHRBAUGH PROPERTIES LLC 1051 FALL RIVER CT 18 ESTES PARK, CO 80517 ENGINEER/CONTACT PERSON TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK, CO 80517 ZONING INFORMATION SUBJECT PROPERTY ZONING CLASSIFICATION: A- ACCOMMODATIONS SURROUNDING PROPERTY ZONING CLASSIFICATION: E-1 ESTATE TO WEST AND SOUTH; A-ACCOMMODATIONS TO THE NORTH; AND A-1 ACCOMMODATIONS TO THE EAST BUILDING SETBACKS = FRONT (ARTERIAL) = 25'; FRONT, SIDE AND REAR = 15' GENERAL NOTES 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY. 2. ALL BEARINGS SHOWN HEREON ARE GRID BEARINGS OF THE COLORADO STATE PLAN COORDINATE SYSTEM, NORTH ZONE, DETERMINED BY GPS OBSERVATIONS. PLATTED BEARINGS WERE ROTATED 00°01'02" CLOCKWISE TO MATCH GRID BEARINGS MEASURED BETWEEN THE TWO FOUND MONUMENTS SHOWN HEREON. BEARINGS FOR THIS SITE PLAN ARE BASED ON THESE TWO MONUMENTS, ASSUMED TO BEAR N66°58'58"W AND BEING MONUMENTED AS SHOWN HEREON. 3. VISIBLE SURFACE UTILITIES AND BURIED UTILITIES, PER FIELD SURVEYED LOCATE MARKS, ARE SHOWN HEREON. TRAIL RIDGE CONSULTING ENGINEERS DID NOT CALL FOR UNDERGROUND UTILITY LOCATES PRIOR TO THE FIELD SURVEY AND DOES NOT WARRANT THE LOCATIONS OF THE UTILITIES AS SHOWN HEREON. THAT RESPONSIBILITY LIES WITH THE OWNER/CONTRACTOR. 4. CONTOURS SHOWN HEREON ARE AT 1FT INTERNAL AND ARE BASED UPON 2013 LIDAR DATA SUPPLEMENTED BY GPS OBSERVATIONS. LEGAL DESCRIPTION (PER WARRANTY DEED AT RECEPTION #99037164) CONDOMINIUM MAP OF ASPEN WINDS CONDOMINIUMS LOT 1 OF THE REPLAT OF LOT 1 AND LOT 2, BLOCK 3 OF THE REPLAT OF LOT LOTS 1 & 2, BLOCK 3, FALL RIVER ESTATES, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO. 20' SCALE: 1" = 20' 0 40' LEGEND UNDERGROUND ELECTRIC EXISTING PROPOSED SEWER MANHOLE CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE WATER SERVICE EASEMENT BOUNDARY EDGE OF ROAD/DRIVE BUILDING SETBACK LINE PROPERTY LINE MAJOR CONTOUR MINOR CONTOUR ELEC/TELE/CABLE PEDESTAL/TRANSFORMER SANITARY SEWER MAIN