HomeMy WebLinkAboutVARIANCE 281 W Riverside Dr, Bogeys Bar, Setback DENIED 2023-05-02
Community Development
Memo
To: Chair Jeff Moreau
Estes Park Board of Adjustment
Through: Jessica Garner, AICP, Community Development Director
From: Kara Washam, Planner I
Date: May 2, 2023
Application: Variance Request for Front and Side Setbacks
281 W. Riverside Drive (Formerly 281 Moraine Ave), Estes Park
Terry Bogener, Owner/Applicant
Brian Brinkman, LAT40, Consultant
Recommendation: Staff recommends the Board of Adjustment approve the variance
request, subject to the findings described in the report.
Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land
Use): Mixed-Use Centers & Corridors
Zoning District: Commercial Downtown (CD)
Site Area: 0.07 Acres (+/- 3,201 SF)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
The applicant requests approval of a variance to eliminate the front setback (Moraine
Avenue) and side setback along the north property line in lieu of the eight-foot
and ten-foot
Zone District under Section 4.4.C.4. of the Estes Park Development Code (EPDC).
Background:
The subject property is in the Riverside Subdivision and was previously a residence.
The small house on the property was demolished after the lot was purchased by the
Applicant in 2022. On the west side of the property (Moraine Ave), there is a retaining
-The Applicant intends to open a bar with
food service utilizing prefabricated shipping containers with mezzanine access off
Moraine Avenue(Attachment 4). The conceptual site plan shows a patio with access off
W. Riverside Dr. and an accessible restroom adjacent to the bar (Attachment 3).
Subject Property Prior to Demolition
Variance Description
The Applicant requests a variance to allow a zero-foot ront setback (Moraine
Avenue) and zero-foot side setback along the north property line in lieu of the
eight-foot ten-foot
Downtown) Zone District.
The EPDC requires setbacks to be measured from the platted lot lines. The deeded
property lines of this parcel differ from the platted lot lines (Lot 14). The Applicant
re
platted lot to the north (Lot 13), as
described in the Legal Description:
S 4 FT OF LOT 13 & ALL OF LOT 14, RIVERSIDE, ESTES PK
Table 4-5 under Section 4.4 of the Estes Park Development Code (EPDC) states
that the ten fooa single-
family residential property whose use at the time of the subject application is
residential. The property to the south of the subject property (286 Moraine Ave) is
used as a short-term vacation rental and is considered a commercial use. Therefore,
the zero-foot side setback along the south property line is permitted by the EPDC
and is not subject to this variance request. The property to the north of the subject
property (271 W. Riverside Dr) currently has a pending Vacation Home License
application under re
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ProposedSite Plan
Location and Context:
The 0.07-acre lot is located at 281 W. Riverside Dr. with double frontage along Moraine
Ave. on the west side of the property and is located diagonally from Baldwin Park to the
east. The subject property and all adjacent properties are zoned CD (Commercial
Downtown). The property to the north is single-family residential with a pending vacation
home license and the property to the south is a short-term vacation rental with an active
license (Attachment 5 and 6). Directly across from the property to the east is a small
parking lot on Town-owned land.
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Vicinity Map
Zoning and Land Use Summary Table
Comprehensive Plan (2022)ZoneUses
SubjectCommercial
DowntownCD (Commercial Downtown)
Site(Proposed)
Residential
NorthDowntownCD (Commercial Downtown)
(Pending VHL)
Short-Term
SouthDowntownCD (Commercial Downtown)
Vacation Rental
EastDowntownCD (Commercial Downtown)Parking
WestDowntownCD (Commercial Downtown)Parking
4
Zoning Map
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
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 stri
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 topography on the west side of
the property (Moraine Ave). There is a-
elevation. By allowing a zero-foot front setback, the proposed shipping container
bar can be positioned near the retaining wall so that the mezzanine can be
directly accessed from the sidewalk at Moraine Ave.
5
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 Apsite plan would need to be redesigned and would
decrease useable concrete patio space for outdoor seating.
b. Whether the variance is substantial;
Staff Finding: The variance request for eliminated front and side setbacksis
moderately substantial. Side setbacks of zero feet are typical in the CD
(Commercial Downtown) zoning district and are permitted by right, with exception
to properties that abut a single-family residential use.
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: The Commercial Downtown character of the immediate
neighborhood would not be altered, nor would adjoining properties suffer a
substantial detriment as a result of the variance. The proposed use of a bar with
food service is permitted in the neighborhood and exists in the subject vicinity.
Zero-foot with other businesses in the
neighborhood (i.e., Snowy Peaks Winery at 292 Moraine Ave.).
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer.
Staff Finding: Public Services of water, sewer, electric, and communications are
all readily available at the site location and will not be affected by the variance.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: It is unknown whether the Applicant purchased the property with
knowledge of setback requirements.
f. Whether the Applicant's predicament can be mitigated through some
method other than a variance.
Staff Finding:
aside from a complete redesign of the Project.
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3.No variance shall be granted if the submitted conditions or circumstances
make reasonably practicable the formulation of a general regulation for such
conditions or situations.
Staff Finding: Not applicable.
4. No variance shall be granted reducing the size of lots contained in an existing
or proposed subdivision if it will result in an increase in the number of lots
beyond the number otherwise permitted for the total subdivision, pursuant to
the applicable zone district regulations.
Staff Finding: Not applicable.
5. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The proposed variance would be the least deviation from the
Development Code.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of
this Code for the zone district containing the property for which the variance
is sought.
Staff Finding: The applicant requests a setback variance in order to construct a
bar with food service and outdoor seating. These uses are permitted by right in
the CD (Commercial Downtown) zoning district per Table 4-4 of the EPDC.
7. 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: If the variance request is granted, Staff would like to condition the
owner to provide a privacy fence between both properties to the north and south
for noise and security screening, and a condition to screen all garbage
receptacles.
Review Agency Comments
The application was referred to all applicable review agencies for comment. No
comments or concerns were received.
Public Notice
Staff provided public notice of the application in accordance with EPDC noticing
requirements. As of the time of writing this report, three (3) written comments have
been received for the variance request (Attachment 7).
Written notice mailed to adjacent property owners on February 15, 2023.
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Legal notice published in the Estes Park Trail-Gazette on April 14, 2023.
2023.
Advantages
This variance would allow the Applicant to open a bar with food service and outdoor
seating. This business would be beneficial to the community and contribute to the
vitality of the Commercial Downtown area.
Disadvantages
There are no known disadvantages of the variance to allow zero- front (Moraine
Ave) and zero- side (north) setbacks for the subject property.
Action Recommended
Staff recommends approval with conditions of the proposed variance described in this
(Attachment 3).
Finance/Resource Impact
N/A
Level of Public Interest
Medium.
Sample Motions
I move to approve the variance request for zero-foot front setback along Moraine
Ave and zero-foot side setback along the north property line for the subject property
addressed as 281 W. Riverside Dr. in the Town of Estes Park, with conditions
aforementioned above and with findings as outlined in the staff report.
I move to approve the variance request for zero-
Ave and zero-
addressed as 281 W. Riverside Dr. in the Town of Estes Park, with alternative
conditions \[state conditions\] and with findings as outlined in the staff report.
I move to approve the variance request for zero-
Ave and zero-
addressed as 281 W. Riverside Dr. in the Town of Estes Park, without conditionsand
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
8
2.Statement of Intent
3.
4. Conceptual Shipping Container Plans
5. Vacation Home License for 286 Moraine Ave.
6. Certificate of Occupancy for 286 Moraine Ave.
7. Public Comment Letters
.
9
TWBECK Architects
PO Box 57 Estes Park CO 80517
Architecture
Phone: 970-586-3913
Planning & Interiors
Email: thomas@twbeckarchitects.com
Town of Estes Park, Planning Department
PO Box 1200
Estes Park, CO 80517 Dec. 22, 2022
Re: Front and Side Zero Setback Variances
Bogeys Bar
281 Moraine Ave.
Estes Park, Co. 80517
Owner: 3684 Hike LLC.
To Board of Adjustments
Statement of Intent:
The owners of the parcel intend to open a Bar with food service by utilizing two
converted shipping containers with a concrete patio adjacent to the bar on the lower
level, or the West Riverside access. On top of the bar there will be a mezzanine
with direct access off of Moraine ave.
EPDC Standards for review 3.6.C
The requested zero setback along Moraine ave. has special circumstances of
existing topography. Just adjacent to the existing sidewalk along Moraine ave.
there is an existing retaining wall with a 10 to 12 feet drop off. Eliminating the
front setback allows for the public sidewalk to have a continuous connection to the
new Bar along this frontage. The owner has contacted CDOT and they have no
objection to this setback variance. See attached letter from CDOT. The setback
variances are consistent with other business along Moraine ave,
Side setbacks of zero feet are typical in the CD Commercial Downtown zone
district. Granting the setback variances does not substantially alter the character of
the neighborhood. The use as a bar and food service is in accordance with the EP
Downtown plan. Public Services of water, sewer, electric and communications are
all readily available in Moraine ave. and West Riverside Drive. A Bar is a
permitted use in the CD district.
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Estes Park, CO 80517
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