HomeMy WebLinkAboutVARIANCE 223 Cleave Street Setback 2022-11-01
Community Development
Memo
To:Chair Jeff Moreau
Estes Park Board of Adjustment
Through: Jessica Garner, AICP, Community Development Director
From: Jeffrey Woeber, Senior Planner
Date: November 1, 2022
Application: Setback Variance
223 Cleave Street, Estes Park
BAT 223 LLC, Owner/Applicant
Joe Calvin, Interstice Architectural Studio, LLC, Representative
Recommendation: Staff recommends the Board of Adjustment approve the variance
request, subject to the findings described in the report.
Land Use:
Comprehensive Plan Designation: (Future Land Use): Downtown
Zoning District: Downtown Commercial (CD)
Site Area: 0.18 Acre
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
The applicant requests approval of a variance to allow a reduced frontsetback of
zero feet (0’) in lieu of the eight feet (8’) required in the CD (Downtown Commercial)
Zoning District under Section 4.4.C.4. of the Estes Park Development Code (EPDC).
The base of the building would be located six feet from the front property line, with
upper-level deck/balconies projecting to the property line at a zero-foot setback.
Location:
The 0.18-acre lot is located at 223 Cleave Street, at the northeast corner of the
intersection of Lawn Lane and Cleave Street in downtown Estes Park.
Background:
The subject property recently contained a two-story structure originally established in
1929, which was demolished. A Development Plan has been submitted for a three-
story,mixed-use buildingcalled the “BAT Project”that includesan art gallery, retail
space, a taproom with beer garden, and residential apartments.
The demolished structure wasconstructedup to the front property line to a zero-foot
front setback. The developer was not aware thatthe new structure could notalsobe
built to the front setback. Section 6.3 of the Estes Park Development Code allows a
nonconforming structure to be restored or rebuilt if damaged or destroyed by “fire, flood,
wind, explosion or act of God,” which is not applicable for this proposed building.
Variance Description
This is a requestto approvea varianceto allow a zero-foot (0’) front setback for the
upper level decks and roof eaves, and six feet (6’) for the structure at street level, as
depicted on the attached drawings.
There was some question whether the structure met the Design Standards under
Section 11.5 of the EPDC, which allows the building height to be a maximum of 42 feet
in the CD Zoning District. After review and discussion with the applicant, it has been
determined the structure does comply with these standards, particularlythe
Development and Design Standards in Section 11.5.C. The third story of the proposed
BAT Project will include a “step back of no less than eight feet (8’) from the building
façade” as required.
Location and Context:
Vicinity Map
2
Zoning Map
Zoning and Land Use SummaryTable
Comprehensive PlanZoneUses
SubjectCD
CD (Downtown Commercial)Undeveloped
Site(Commercial Downtown)
North(MF) Multi-FamilyRM (Multi-Family)Undeveloped
CD
SouthCD (Downtown Commercial)Commercial
(Commercial Downtown)
CD
EastCD (Downtown Commercial)Residential
(Commercial Downtown)
CD
WestRM (Multi-Family)Residential
(Commercial Downtown)
Project Analysis
Review Criteria:
The Board of Adjustment (BOA) is the decision-making body for variance requests. In
accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications
3
for variances shall demonstrate compliance with the applicable standards and criteria
contained therein. The Standards with staff findings for each are as follows:
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 conditions exist, due to the relatively small size of the
property anda25-foot cliff incorporated into the design of the proposed structure
that extends along the entire width of the property to the northeast. The
requested variance will not nullify or impair the intent and purposes of the
setback standards, the EPDC, or the Comprehensive Plan.
Although not directly in the scope of the Code’s Standards for Review, staff notes
the BAT Project and the associated variance request are consistent with the
recommendations of the Estes Park Downtown Plan adopted in early 2018.
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 may be beneficial use of the property without the variance.
However, the design and utility of the proposed building would be constrained
without the variance.
b. Whether the variance is substantial;
Staff Finding: The variance is somewhat substantial with the proposed zero
front setback. However the setback at ground level is six feet from the property
line, with the upper level being proposed at a zero setback.
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. The majority of structures along Cleave Street are built to the property
line at a zero setback, and the proposed setback for the BAT Project would fit
with the commercial and multi-family housing character of the neighborhood.
The setback would not cause any detriment to adjoining properties.
4
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer.
Staff Finding:Public services such as water and sewer will not be adversely
affected by the variance. The BAT Project will involve some utility extensions
and improvements, but the reduced front setback will not adversely affect the
delivery of these services.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: The Applicant purchased the property decades ago with a
structure built to the property line, and was not aware that a new structure would
require an eight-foot front setback.
f. Whether the Applicant's predicament can be mitigated through some
method other than a variance.
Staff Finding: There is no alternative to mitigate the Applicant’s predicament
aside from a complete redesign of the Project.
3. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The proposed variances would be the least deviations from the
Development Code.
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 Finding: Staff does not recommend conditions.
Review Agency Comments
The variance application was referred to all applicable review agencies for comment.
There were no objections or requirements from any review agency. There may be
requirements with the associated Development Plan for the BAT Project, which will be
prepared following the determination of the Board and reviewed administratively.
Public Notice
Staff provided public notice of the application in accordance with EPDC noticing
requirements. As of the time of writing this report, no written comments have been
received for the variance request.
5
Written notice mailed to adjacent property owners on September 16, 2022.
Legal notice published in the Estes Park Trail-Gazette onSeptember16,2022.
Application posted on the Town’s “Current Applications” website onAugust 26,
2022.
Advantages
The Town is coordinating planning, design and outreach efforts for the Cleave Street
Improvements Project. The BAT Project design would establish a valuable precedent
for planned improvements in this area of downtown Estes Park.
Disadvantages
None.
Action Recommended
Staff recommends approval of the proposed variance described in this staff report, with
setbacks consistent with the BAT Project plans attached hereto.
Finance/Resource Impact
N/A
Level of Public Interest
Low.
Sample Motions
I move to approve the variance request for reduced front setbacks for the subject
property addressed as 223 Cleave Streetin the Town of Estes Park, with findings as
outlined in the staff report.
I move to deny the requested variance with the following findings (state
reason/findings).
I move that the Board of Adjustment continue the variance to the next regularly
scheduled meeting, finding that \[state reasons for continuance\].
Attachments
1. Application
2. Statement of Intent
3. BAT Project Plan Set(Page 6 is a RevisedDrawing)
6
ESTES
BOARD OF ADJUSTMENT
APPLICATION
8/17/2022
Submittal Date:
General Information
BAT223 LLC
Record Owner(s):
223 Cleave St
Street Address of Lot:
24/6
Legal Description:Lot:
Block:8 Tract:
Second Amended Plat of Piltz Resub
Subdivision:
3525224024
Parcel ID # :
Site Information
.1
CD
Lot SizeZoning
Vacant
Existing Land Use
Commercial/Residential
Proposed Land Use
Town Water, EPSD, Xcel
TownWellOther (Specify)
Existing Water Service
Town Water, EPSD, Xcel, No Wetland
Proposed Water Service TownWellOther (Specify)
Existing Sanitary Sewer ServiceEPSDUTSDSeptic
Proposed Sanitary Sewer ServiceEPSDUTSDSeptic
Existing Gas ServiceXcelOtherNone
Site Access (if not on public street)
Are there wetlands on the site?YesNo
Variance
Variance Desired (Development Code Section #):
Front setbacks to second story decks, Code Section: Table 4-5 Density & Dimensional Standards Nonresidential
Primary Contact Information
Joe Calvin, Interstice Architectural Studio, LLC, (Consultant)
Name of Primary Contact Person
joe@intersticearch.com
Complete Mailing Address
Primary Contact Person isOwnerApplicantConsultant/Engineer
Attachments
5
Application fee (see attached fee schedule)
5
Statement of intent (must comply with standards inSection 3.6.C of the EDC)
5
copy (folded) of siteplan (drawn aa scale of 1" = 20') **
5
1 reduced copy of the siteplan (11"X 17")
5
Digital copies of plats/plans in TIFForPDF format emailed to planning@estes.org
The site plan shall include information in Estes Development Code AppendixB.VII.5.
he applicant will be required toprovide additional copies of the siteplan after staff review
(see the Board of Adjustment variance application schedule).Copies must be folded.
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
(970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Community Development Department Phone:
Revised 20
Contact Information
BAT223 LLC
Record Owner(s)
2480 Pershing RD STE 600 Kansas City, MO 64108
Mailing Address
Phone
Cell Phone
Fax
batdowntown@gmail.com
Email
Barb Marshall
Applicant
2480 Pershing RD STE 600 Kansas City, MO 64108
Mailing Address
Phone
Cell Phone
Fax
batdowntown@gmail.com
Email
Joe Calvin, Interstice Architectural Studio, LLC
Consultant/Engineer
Mailing Address
Phone
970-420-8264
Cell Phone
Fax
joe@intersticearch.com
Email
APPLICATION FEES
See the fee schedule included in your application packetor view the fee schedule online at:
www.estes.org/planningforms
All requests for refunds mustbe made in writing. Allfees are dueat the time of submittal.
Revised 20
OWNER & APPLICANT CERTIFICATION
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.
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.
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and publichearing requirements set forth in the Estes
DevelopmentCode (EDC).
I acknowledge that I have obtained or have access to the EDC,and that,prior to filing this application, I have had the
opportunity to consult the relevantprovisions governing the processing of and decision on the application.
The Estes DevelopmentCode is available online at:
https://www.municode.com/library/CO/estes_valley/codes/development_code
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee
by the Towndoes not necessarily mean that the application is complete under theapplicable requirements of the
EDC.
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.
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 Board of AdjustmentVariance Application Schedule and thatfailure
to meet the deadlines shown onsaid schedule shall resultin my applicationor the approval of my application
becoming null and void. I understand that full fees will be charged for the resubmittal ofan application thathas become
null and void.
I understand that I amrequired to obtain a ""sign from the Community
Development Department andthat this sign mustbe posted on my property where itis clearlyvisible from the road. I
understand that the corners ofmy propertyand the proposed building/structure corners mustbe field staked. I
understand that the sign must beposted and the staking completed no later than ten (10) business days prior to the
EstesBoard of Adjustmenthearing.
I understand that if the Board ofAdjustment approves my request, "Failureof 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 null and void." (Estes
DevelopmentCode Section 3.6.D)
Names:
PLEASE PRINT:
Record Owner
Applicant PLEASE PRINT:
Signatures:
Record Owner Date
Date
Applicant
Revised 2
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