HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 2024-03-05Town of Estes Park, Larimer County, Colorado, March 5 2024
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of
Estes Park on March 5, 2024.
Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman
Attending: Chair Moreau, Vice Chair Newsom, Member Holtzman, Planner I Kara
Washam, Senior Planner Hornbeck, Director Steve Careccia, Town Board Liaison
Barbara MacAlpine, Town Engineer Jeff Bailey, Recording Secretary Karin Swanlund
Absent: None
Chair Moreau called the meeting to order at 9:00 a.m.
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The
motion passed 3-0.
PUBLIC COMMENT: none
ELECTION OF OFFICERS:
It was moved and seconded (Moreau/Holtzman) to keep the structure the same, with
Moreau as Chair and Newsom as Vice Chair. The motion passed 3-0.
VARIANCE REQUEST 540-550 W Elkhorn Avenue Planner Hornbeck
The Applicant seeks to replace existing decks with new, larger decks with a 10’ width
to provide more usable space. The decks could be replaced within the existing
footprint without variances as they are considered legally non-conforming. However,
the following variances are required since the new decks are desired to be larger
and encroach further into required setbacks:
1.A variance from EPDC Sec. 7.6.E(2)(b) requires a 30’ setback from the
annual high-water mark of the river. The proposed decks would be
constructed as close as 13’ from the high water mark of the Fall River
rather than the required 30’.
2.A variance from EPDC Table 4-2 which requires a 10’ rear setback in the
RM zone district. The proposed decks would be constructed as close as
4’ from the rear lot line rather than the required 10’.
3.The new deck proposed with Building B would have a side setback of 13’,
and the existing setback requirement is 10’; however, a concurrent
application requesting to rezone the property to Commercial Outlying
(CO) would increase the side setback requirement to 15’. Therefore, the
applicant is requesting a variance from EPDC Table 4-5, which requires a
15’ side setback in the CO zone district. The proposed decks would be
constructed as close as 13’ from the east lot line rather than the required
15’. However, the variance is only applicable if the current rezoning is
approved.
Staff recommended denial of the variance request.
Board of Adjustment, March 5, 2024 – Page 2
Joe Coop, VanHorn Engineering, stated that the request is for four feet due to the
current legal nonconforming location. Building A is a smaller request. The condos
were built in 1968 and 1970. The floods of 1982 or 2013 did not impact them.
VanHorn Engineering modeled and adjusted the 100-year Floodplain while working
with Elkhorn Lodge. No retaining wall will be constructed. He stressed that we
couldn’t regulate to the infinite as the building is not in the floodplain. The legal lot to
the North is mostly nonbuildable. There is hope that the two lots can be combined in
the future.
Eric Mankin, 550 W Elkhorn, is one of three permanent residents at these condos.
He shared photos of the property and explained the variance request from the
owner's point of view.
Gerald Mayo, 265 Lookout Street, owns one of the condos. The 56-year-old decks
are unsafe and need to be replaced. In his opinion, Illegal downzoning occurred in
2000, hence the upcoming rezoning request.
Thomas Thurman, owner of Condo B8, says the fundamental issue is the lack of
facts in the comments about what could happen. The hydrologics of a flood are not
specific.
It was moved and seconded (Moreau/Newsom) to approve the variance request for a
13’ river setback, 4’ rear setback from the north property line, 13’ side setback from the
east property line, and a side setback from the east lot of 13’ (only applicable if the
rezoning to CO is approved) for the subject property addressed as 540 and 550 West
Elkhorn Avenue, with the conditions of no stairs extending to the north without a lot
consolidation. The motion passed 3-0. ,
There being no further business, Chair Moreau adjourned the meeting at 9:50 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary