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Home My WebLink AboutSTAFF REPORT Large Vacation Home 1850 Fall Rive Rd 5 2024-10-10 DEPT NAME HERE Memo To: Chair Cooper Planning Commission Through: Steve Careccia, Community Development Director From: Paul Hornbeck, Senior Planner Date: October 15, 2024 RE: Large Vacation Home Review: 1850 Fall River Road Unit 5, Gary and Sally Myers, Owners/ Applicants. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consideration of approval for an existing registered Vacation Home to operate as a Large Vacation Home (9 or more occupants.). Present Situation: The subject property has been registered as a Vacation Home with “standard” occupancy limit (8 or fewer occupants at a time) since before March 31, 2017. That date is important, as is continuous registration since, in order to be eligible for a Large Vacation Home (9 or more occupants) per the Estes Park Development Code. The Town Clerk’s office confirms that the property’s Vacation Home registration is current and in good standing. The subject property is zoned RM (Multi-Family Residential), which allows Large Vacation Homes subject to approval by Planning Commission if standards in Estes Park Development Code are met and appropriate findings of fact made. Proposal: The owners recently purchased the property and are seeking approval to operate as a Large Vacation Home. The property has three bedrooms currently. Per Code (Secs 5.1.B.2.a and 5.1.B.2.b), occupancy of a Vacation Home is limited to two persons per bedroom plus two additional, all within the overall limitation of 8 person for a standard Vacation Home or more than 8 for a Large Vacation Home. The applicants propose to remodel the home, within its existing footprint, to add a fourth bedroom. This would be accomplished by dividing a large existing bedroom into two smaller bedrooms. In this case, the four bedrooms would allow a maximum of 10 occupants at a time. It is worth noting that additional temporary guests, not staying overnight, are allowable beyond the 10-person limit, as they would be in any Vacation Home or any dwelling. Vicinity Map Zoning Subject Property R-2 E E-1 Subject Property Zoned RM RM A CO RE EPDC Sec. 5.1.B contains the current land-use regulations for all Vacation Homes in Estes Park, and subsection 5.1.B.4 deals with Large Vacation Homes in residential zoning districts. EPDC Sec. 5.1.B.4.c.(3) requires a minimum one-acre lot size for large vacation homes, unless Planning Commission finds adequate buffering or screening exists from adjacent and nearby properties: The minimum lot size for a nine-and-over vacation home shall be one (1) acre, unless the Planning Commission makes a specific finding that the vacation home has demonstrated adequate buffering or screening from adjacent and nearby properties, such that a lot size of less than one (1) acre is commensurate with large vacation home use. Appropriate alternative standards for demonstrating adequate buffering or screening shall include, but not be limited to: orientation of the large vacation home on the property away from nearby residential structures, linear separation from other residential structures, separation from other structures by an intervening right-of-way, topographic features such as rock formations or grade differences, and mature vegetation or fencing; The subject single-family home is one of five standalone condominium units situated on a property of approximately two acres. The airspace of each condominium unit is platted individually, including the subject home’s footprint of 1122 square feet (.026 acres). Thus, a demonstration that adequate buffering or screening is required, and if the Planning Commission approves the Large Vacation Home, a finding must be included that confirms the buffering and/or screening is present and adequate. EPDC 5.1.B.4.c.(4) requires 25-foot setbacks for Large Vacation Homes to all property lines except where the underlying zoning setbacks are greater. In this case, the 25-foot setback applies. Since the subject house is a condominium with the platted lot matching the building footprint, the setback is essentially zero. Therefore, similar to the lot size issue, if the Planning Commission approves the Large Vacation Home, a finding must be included that confirms the buffering and/or screening is present and adequate. Staff judges that the screening and buffering in this case are adequate, based on the following circumstances on the property and vicinity: • The subject house, Unit #5 is buffered by the distance to adjoining condominium units of the development. Unit #2 is the closest unit, approximately 56 feet away. • Units #2, #4A, and #4B, are all licensed vacation rentals. • Unit #1 is rented on a monthly basis, targeted to longer term vacation stays (but not subject to Vacation Home licensure since it is rented for terms of 30 days or longer). • Adjacent properties to west and northwest are located across Fall River and are approximately 180 to 200 feet away, buffering impacts due to distance. • The adjacent property to the east is located across Fall River Road and is approximately 215 feet away, buffering impacts due to distance. • Finally, as noted, the proposed occupancy in this case is no more than 10. The Vacation Home already allows up to 8 occupants; adding two more persons does not loom large in the overall scheme. Annotated Site Plan EPDC 5.1.B.4.c.(2) requires a Vacation Home Safety Inspection Report be provided to Planning Commission while Section 5.1.B.a(2) requires the home be in compliance with all applicable Building, Health, and Fire Codes. The attached Vacation Home Safety Inspection Report indicates the Town Building Official determined an inspection was not required because the structure was built with an R-1 occupancy under the International Residential Code. R-1 occupancy includes sleeping units where the occupants are primarily transient in nature, including hotels, boarding houses, etc. Therefore, the building is exempt from the single-family dwelling safety survey per the International Residential Code and the application is deemed compliant with applicable codes. Advantages: • The transition to Large Vacation Home status seems unlikely to add much in the way of impacts, with only two additional occupants per stay. Disadvantages: • Any expansion of vacation-home use or occupancy in Estes Park has the potential to add impacts to the neighborhood and vicinity. Measures exist through the nuisance regulations to curb disturbing elements in vacation home operation, and in severe cases, to revoke a registration altogether. Action Recommended: Staff recommends approval of the Large Vacation Home, with the specific finding on lot size and building setback as noted in the motion and with a condition that construction related the fourth bedroom be subject to issuance of a building permit and subsequent certificate of occupancy (or certificate of completion). Level of Public Interest Public interest in this item appears to be low. Staff received one inquiry about the proposal from a resident of Summerset Court who was not necessarily opposed to the application but expressed concern about the potential for parking to overflow onto public streets. The Municipal Code requires a minimum parking of two spaces per vacation home. The driveway accommodates three and potentially four parking spots. The Municipal Code also limits the maximum number of vehicles parked off-street to no more than then number of bedrooms (i.e. four vehicles in this case). It should be noted that Large Vacation Home review requires Planning Commission approval, but a formal public hearing is not required by the Estes Park Development Code. However, as a courtesy to neighbors, a notice of the Planning Commission meeting was published in the Estes Park Trail-Gazette, on October 2, 2024 and mailed to adjacent property owners on October 2, 2024. Any public comments received will be posted to: https://estespark.colorado.gov/currentapplications Sample Motion: 1. I move that the Planning Commission approve the Large Vacation Home application for as presented, subject to the following: 1. Occupancy is limited to 10 vacation home occupants per stay. 2. The Planning Commission finds that this Large Vacation Home’s location on a lot of less than one acre and building setback of less than 25 feet are offset by adequate screening and/or buffering measures currently in place. 3. Applicant shall obtain a building permit prior to construction of the fourth bedroom. A certificate of occupancy or completion shall be obtained prior to use of the fourth bedroom or operation as Large Vacation Home. 4. Applicant shall update the Town business license, and associated fees, prior to operation as a Large Vacation Home including a new in-home posting with updated occupancy and maximum number of parked cars allowed. 5. Applicant shall set up a site visit with the Sewer District and be subject to System Development Fee prior to operation as Large Vacation Home. 2. I move that the Planning Commission deny the Large Vacation Home application, finding that [state findings for denial]. 3. I move to continue the Large Vacation Home application to the next regularly scheduled meeting. [State reasons for continuance] Attachments: 1. Application & Statement of Intent 2. Vacation Home Life Safety Survey Application