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Home My WebLink AboutSTAFF REPORT 230 Cyteworth CUP ADU 2024-08-20 COMMUNITY DEVELOPMENT Memo To: Estes Park Planning Commission Through: Steve Careccia, Community Development Director From: Kara Washam, Planner I Date: August 20, 2024 Application: 230 Cyteworth Road Conditional Use Permit for an Accessory Dwelling Unit (ADU) Nicholas Thomas (Owner/Applicant) Recommendation: Staff recommends the Estes Park Planning Commission approve the Conditional Use Permit request, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use): Neighborhood Village Existing Zoning District: R (Single-Family Residential) Site Area: 0.11 Acre PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Applicant requests the Planning Commission review the proposed 230 Cyteworth Road Conditional Use Permit for an Accessory Dwelling Unit (ADU) in an R (Single- Family Residential) Zoning District. Location: The property is located approximately 550 feet southeast of Moraine Avenue, near East Riverside Drive, addressed as 230 Cyteworth Road. Background: To help alleviate the workforce and attainable housing shortage in Estes Park, the Town Board approved a Code Amendment to the Estes Park Development Code (EPDC) in January 2022 to allow ADUs on most residential properties which previously prohibited them. An ADU is defined in the EPDC as “…a second dwelling unit which is integrated either with a single-family detached dwelling structure or with a detached accessory structure on the same lot as the principal dwelling.” Under the new regulations, a lot with residential zoning that is not at least 70% of the required minimum lot size may have an ADU with approval of a Conditional Use Permit (CUP). A CUP is required for certain uses that may be considered appropriate in a particular zoning district as long as specified requirements in the EPDC are met. Project Description: The existing residence incurred significant damage by a fire originating in the basement in 2019. The previous owner began the process of an extensive remodel in 2020. The current owner (applicant) purchased the property in March 2023 and applied for a new building permit in May 2024 (Attachment 3) to complete the work. The building permit does not include the portion of the basement subject to the CUP application for the proposed ADU. Contingent on approval of the CUP, the applicant will apply for an additional building permit to complete the basement remodel. The applicant proposes converting approximately 236 square feet of an existing basement into a small, studio ADU (Attachment 4). The ADU will be sprinkled and insulated. The applicant will provide one (1) space of parking for the ADU, as required by EPDC § 5.2.B.2.a.(7). The applicant wishes to use the ADU for long-term workforce housing or for personal use. The ADU shall not be used as a short-term rental unit, as prohibited by EPDC § 5.2.B.2.a.(3). Accessory Dwelling Unit (ADU) Floor Plan: Location and Context: Zoning Map Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Neighborhood Village R (Single-Family Residential) Residential North Downtown RM (Multi-Family Residential) Residential South Mixed Residential Neighborhood RM (Multi-Family Residential) Residential, Condominiums East Neighborhood Village R (Single-Family Residential) Residential West Downtown RM (Multi-Family Residential) Residential Vicinity Map Project Analysis Review Criteria The subject property, zoned R, is 0.11 acre in size, or 44% of the 0.25 acre minimum lot size required for the R zoning district. Section 5.2.B.2.a.(8)(b) of the EPDC requires a legally-nonconforming lot that does not have at least 70% of the required minimum lot area to “pursue Accessory Dwelling Unit approval by application for a conditional use permit”. Section 3.16 of the Development Code contains procedures and standards for approval of a Conditional Use Permit, and staff’s comments are below: § 3.16 Conditional Use Permit A. Procedures for Approval on Conditional Use Permit. Applications for approval of a Conditional Use Permit shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications. a. Staff Comment: The application follows the CUP approval process as prescribed. B. Standards for Review. All applications for a Conditional Use Permit shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," or Chapter 14, "Wireless Communication Facilities (WCFs)" of this Code, as applicable, and the following requirement: The application for the proposed Conditional Use Permits mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services and the environment. a. Staff Comment: The Conditional Use Permit application for a proposed ADU follows the additional requirements for specific accessory uses permitted in the Residential zoning as prescribed in 5.2.B.2.a. of the EPDC. The ADU will be 236 square feet and is below the size limit of 800 square feet. It includes the required amenities of private sanitary facilities, cooking and food storage, and sleeping area (studio). One (1) off-street parking space will be provided. The ADU shall not be used as a short-term rental nor rented for a period of less than thirty (30 days). There will not be more than one (1) ADU on the lot. The ADU will be integrated into the existing basement, resulting in little or no adverse impact to nearby land uses, public facilities and services, or the environment. Reviewing Agency Comments: The Conditional Use Permit application was referred out for agency comments. Agency comments were received by Staff. There are no outstanding issues. Public Comments: A neighborhood and community meeting regarding the project was held on August 9, 2024, at the US Bank community room (363 E. Elkhorn Ave). There were 7 attendees. The Applicant discussed the conditional use permit (CUP) for the proposed accessory dwelling unit (ADU). Comments were generally positive. In accordance with the notice requirements in the EPDC, notice of the Planning Commission meeting was published in the Estes Park Trail-Gazette on August 2, 2024. Notification was mailed to all required adjacent property owners on August 6, 2024. Staff has received no inquiries or opposition at this writing. Any comments submitted will be posted to: www.estes.org/currentapplications. Staff Findings: Based on the foregoing, Staff finds: 1. The Planning Commission is the Decision-Making Authority for the Conditional Use Permit. 2. Adequate public/private facilities are currently available to serve the subject property. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment, with no identified outstanding issues. 4. The Conditional Use Permit application complies with applicable standards set forth in the EPDC. Recommendation: Staff recommends approval of the 230 Cyteworth Road Conditional Use Permit (CUP). Sample Motions: 1. I move to approve the Conditional Use Permit, according to findings recommended by Staff. 2. I move to continue the Conditional Use Permit to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3. I move to deny the Conditional Use Permit, finding that … [state findings for denial]. Attachments: 1. Application 2. Statement of Intent 3. Building Permit for Residential Remodel (24-EP-00188) 4. ADU Floor Plan