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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2026-02-03 BOARD OF ADJUSTMENT – TOWN OF ESTES PARK 170 MacGregor Avenue – Town Hall Board Room Tuesday, February 3, 2026 9:00 a.m. Estes Park, CO 80517 The meeting will be live-streamed on the Town’s YouTube channel and recorded and posted to YouTube and www.estes.org/videos within 48 hours. AGENDA INTRODUCTIONS AGENDA APPROVAL CONSENT AGENDA: 1. Board of Adjustment Minutes dated November 04, 2025 PUBLIC COMMENT: Items not on the agenda (please state your name and address). ACTION ITEMS: 1. Front Setback 203 Cleave St Planner II Washam 2. Wetlands Setbacks 1754 Fish Hatchery Rd Senior Planner Hornbeck Request to continue to next scheduled meeting REPORTS AND DISCUSSION ITEMS: 1. Upcoming meeting items 2. New Board Member interviews ADJOURN The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. January 29, 2026 Updated: January 30, 2026 Town of Estes Park, Larimer County, Colorado, November 4, 2025 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 November 4, 2025. Board: Chair Jeff Moreau, Colin Godsey Attending: Chair Moreau, Member Godsey, Director Steve Careccia, Planner II Kara Washam, Senior Planner Paul Hornbeck, Town Board Liaison Bill Brown, 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 (Moreau/Godsey) to approve the agenda. The motion passed 2-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Moreau/Godsey) to approve the Consent Agenda. The minutes from the January 5, 2025 meeting were reviewed by Godsey. The motion passed 2-0. ELECTION OF OFFICERS It was moved and seconded to appoint Colin Godsey Vice Chair and Jeff Moreau Chair. The motion passed 2-0. PUBLIC COMMENT: none ACTION ITEMS: 1.Building Setback 1454 Narcissus Drive Planner Washam Planner II Washam reviewed the staff report. The Applicant previously applied for a variance in 2023, requesting a reduced rear setback to construct a detached garage. The Board of Adjustment approved the request at the public hearing on October 3, 2023. However, the approval lapsed, as the applicant was not able to apply for a building permit within the one (1) year time period. The Applicant again requests approval of a variance to reduce the rear setback along the north property line to eleven feet (11'). The Applicant also requests approval of variances to bring the existing single- family residential home and deck into compliance. These reduced setbacks are 16.5' along the north property line, 19.7' along the south property line for the house, and 6.9' along the south property line for the deck. E-1 (Estate) Zone District under Section 4.3.C.4. (Table 4-2) of the Estes Park Development Code (EPDC) requires twenty-five feet (25') setbacks for the front, rear, and side property lines. The Applicant proposes to construct a 24'x24' detached garage with access in line with the existing gravel driveway. Staff recommended approval of the proposed variances described, with setbacks consistent with the Site Plan. Discussion: none It was moved and seconded (Moreau/Godsey) to approve the variance requests for a reduced rear setback of eleven feet (11') along the north property line, a reduced rear setback of 16.5' along the north property line for the existing home, a reduced front setback of 19.7" along the south property line for the existing home, and a reduced front setback of 6.9' along the south property line for the existing deck. The motion passed 2-0. 2.Variances Related to Parking Expansion 131 Stanley Ave Planner Hornbeck Senior Planner Hornbeck reviewed the staff report. The applicant proposes extending the parking lot eight feet to the north to accommodate a drive aisle width of 24 feet and parking stall length of 19.5 feet, both of which comply with EPDC minimums. This will draf t Board of Adjustment, November 4, 2025 – Page 2 entail installing a concrete-block retaining wall up to 3.75 feet high and removing numerous existing trees. New shrubs are proposed. Removal of significant trees, defined as those greater than 8-inch diameter breast height, within 25' of a property line at the street is prohibited by EPDC § 7.5 D. 2. B. (2)). The applicant requests a variance to allow the removal of two significant trees. Three trees measuring less than eight inches in diameter are also proposed for removal. The applicant also requests a variance to EPDC § 7.5.G.2.b(1), which requires all parking areas be separated from property lines at the street by a planting area at least 25 feet wide on arterial streets and at least 15 feet wide on other street property lines. Extending the parking lot will result in the closest edge being within 5.7 feet of the north property line and an arterial street, and within 12.1 feet of the west property line and a non-arterial street. Staff recommends the BOA approve the variance requests, subject to the following conditions of approval: 1.Prior to construction, the applicant shall demonstrate authorization to proceed with the work from all other property owners or from the owner's association. 2.Shrubs shall have a minimum height of five feet upon maturity and be maintained at such height into perpetuity. Shrubs shall be installed no later than June 1, 2026. 3. The retaining wall shall be faced with wood, stone, or brick. Discussion: Don Darling, the owner and applicant, answered the question asked by Chair Moreau, stating that the plan for the retaining wall is to use large boulders with a concrete curb. Trees planted in spring will adhere to landscaping guidelines. Darling noted that the primary reason for this is the traffic that accidentally enters the parking lot. It was moved and seconded (Moreau/Godsey) to approve the variance in accordance with the findings outlined in the staff report. The motion passed 2-0. REPORTS: Director Careccia asked for feedback on the presentations given by the Planners. Chair Moreau would like to see plans and maps in the staff reports, and Vice Chair Godsey agreed. With no further business, Chair Moreau adjourned the meeting at 9:22 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary draf t The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Chair Jeff Moreau, Estes Park Board of Adjustment Through: Steve Careccia, Community Development Director From: Kara Washam, Planner II Date: February 3, 2026 Subject: Variance Request for Setback- 203 Cleave Street, Estes Park BEE203 LLC, Owner Bruce Darby, Evergreen Asset Solutions, Applicant Steve Lane, BAS1S Architecture PC, 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: Downtown Zoning District: CD (Commercial Downtown) Site Area: 0.10 Acres (+/- 4,480 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 minimum front setback along the south property line to allow the construction of a covered patio and ADA accessible ramp on the east side of the existing building. Present Situation: The subject property is an existing mixed-use building, originally built in 1925. The ground floor is commercial use and currently houses Lumpy Ridge Brewing’s Publick House tasting room. In addition, there are two (2) residential dwelling units above. The existing building was remodeled in 2023 as a tasting room and a temporary at-grade patio was installed at that time. The Applicant applied for a building permit in November 2025 for the proposed permanent patio and ADA accessible ramp without knowledge that the setback regulations outlined in § 1.9.D.1.b of the Estes Park Development Code (EPDC) are applicable to these features. Once informed of the regulations, the applicant moved forward with the subject variance request. Variance Description: The Applicant requests approval of a variance to eliminate the front setback along the south property line to zero feet (0'). The CD (Commercial Downtown) Zone District, under § 4.4.C.4. (Table 4-5) of the EPDC, requires a setback minimum of eight-feet (8’) and maximum of sixteen-feet (16’) to the front property line. The applicant proposes to construct a new patio east of the adjacent building, with shade sail coverings. The new patio will be slightly elevated from the existing sidewalk along Cleave Street and will be approximately 50 inches (4’-2”) from the property line. The proposed new ADA accessible ramp will abut the existing sidewalk at the property line. (Attachment 3) Proposed Site Plan, enlarged Location and Context: The 0.10-acre lot is located at 203 Cleave Street in downtown Estes Park, approximately 425’ west of Big Horn Drive. The subject property and surrounding adjacent properties are zoned CD (Commercial Downtown). Vicinity Map Zoning and Land Use Summary Table Comprehensive Plan (2022) Zone Uses Subject Site Downtown CD (Commercial Downtown) Commercial- Tasting Room North Downtown CD (Commercial Downtown) Residential (upper portion of 211 Cleave St.) South Downtown CD (Commercial Downtown) Commercial East Downtown CD (Commercial Downtown) Undeveloped (lower portion of 211 Cleave St) West Downtown CD (Commercial Downtown) Uknown Zoning Map Project Analysis: Review Criteria: The Board of Adjustment (BOA) is the decision-making body for variance requests. In accordance with EPDC § 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. 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 small lot size and topography. The property's proximity to a rocky hillside significantly limit the beneficial use of the property without approval of the requested variance. 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: The property currently has beneficial use as a tasting room. While a temporary patio is currently in use and adds to the beneficial use of the property, the Applicant's goal is to construct a permanent, higher-quality patio that includes accessible access to the existing sidewalk. The patio's location is restricted toward the front of the property. Moving the patio further onto the property would be prohibitively expensive due to the need for substantial bedrock removal. This excavation could pose a safety risk for the buildings situated on the slope above. b. Whether the variance is substantial; Staff Finding: Although the Rules of Measurement outlined in § 1.9.D.1.b.4-5 of the EPDC would permit the patio and ramp to encroach up to sixty-seven inches (67”) and two-feet (2’) into the setback, respectively, a variance for a zero-feet (0’) setback is substantial. 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: Rather than negatively impacting the essential character of Cleave Street, the requested variance would support the ongoing enhancement of its commercial properties. This aligns with and maximizes the Town's investment in the Cleave Street improvements. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The proposed patio and ramp have been designed around existing services, ensuring that the variance will not impact public utilities. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant and/or its forebears has owned the property since 1989. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A variance is the only method of relief for this request. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to 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. No variance shall be granted increasing the number of accommodation units beyond the number otherwise permitted. Staff Finding: Not applicable. 6. 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. 7. 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 zoning district containing the property for which the variance is sought. Staff Finding: The proposed patio use is classified as “Eating/Drinking Establishments- with outdoor seating or food service.” This use is permitted by right in the CD (Commercial Downtown) zoning district, pursuant to Table 4-4 of the EPDC. 8. 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 has no recommendation for conditions of approval. Review Agency Comments: The application was referred to all applicable review agencies for comment with the building permit application for the proposed sidewalk and ramp. No objections 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, no public comment has been received. · Written notice mailed to adjacent property owners on December 17, 2025. · Legal notice published in the Estes Park Trail-Gazette on December 19, 2025. · Application posted on the Town's "Current Applications" website. Advantages: This variance would allow the Applicant to construct a permanent patio with access to the existing ADA accessible ramp along the sidewalk. Disadvantages: There are no known disadvantages of approving the variance to reduce the front setback along the south property line to allow the construction of a patio and ADA accessible ramp. Action Recommended: Staff recommends approval of the proposed variance described in this staff report, with the front setback consistent with the Site Plan (Attachment 3). Finance/Resource Impact: N/A Level of Public Interest: Low. Sample Motions: · I move to approve the variance request to eliminate the front setback to zero-feet (0’) along the south property line for the subject property addressed as 203 Cleave Street in Estes Park. · I move to approve the variance request to eliminate the front setback to zero-feet (0’) along the south property line for the subject property addressed as 203 Cleave Street in Estes Park, with conditions [state conditions]. · I move to deny the variance request with the following findings [state reason/findings]. · I move that the Board of Adjustment continue the variance request to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Application 2. Statement of Intent 3. Site Plan Land Use Application Project Information Utility Services Water Service (Existing) [ ] Town [ ] Water Service (Proposed) [ ] Town [ ] Sanitary Sewer Service (Existing) [ ] EPSD [ ] Sanitary Sewer Service (Proposed) [ ] EPSD [ ] 0.098 CD Bar + Residential Apts no change Docusign Envelope ID: 27AB87A8-0FDD-4EE8-B376-2580B400C6B8 Revised 20 Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date DateApplicant Record Owner Applicant Fax Email Phone Cell Phone Mailing Address Applicant Fax Phone Email Contact Information Phone Cell Phone Cell Phone Mailing Address Mailing Address Record Owner(s) Email Signatures: Fax MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: APPLICATION FEES For development within the Estes Town limits view the fee schedule online ll requests for refunds must be made in writing.All fees are due at the time of submittal. Record Owner BEE203LLC 2480 PERSHING RD STE 600 305-304-6443 eas@evergreenassetsolutions.com same as above BAS1S Architecture PC 1692 Big Thompson Ave Ste 100 970.586.9140 970.203.5534 steve@bas1s.com Docusign Envelope ID: 27AB87A8-0FDD-4EE8-B376-2580B400C6B8 12/19/2025 Revised 20 PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION Record Owner Applicant Signatures:Record Owner Applicant Names: 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 public hearing requirements set forth in the Estes Development Code (E DC). I acknowledge that I have obtained or have access to the E DC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Development Code is available online at: I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the E DC. I understand that a resubmittal fee will 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 Planning Commissioners with proper identification access to my property during the review of this application. I understand that full fees will be charged for the resubmittal of an application that has become null and void Docusign Envelope ID: 27AB87A8-0FDD-4EE8-B376-2580B400C6B8 Bruce Darby 12/19/2025 BEE203 Setback Variance Statement of Intent December 16, 2025 Project Location The proposed project is located at 203 Cleave Street, Estes Park, Colorado. Legal description: Portions of Lots 16, 17 + 183 Block 8, Estes Park, parcel no: 3525224016. Lot area = 0.098 acre. The zoning is CD – Commercial Downtown. Owner The property is owned by BEE203, LLC. Project Description The property is an existing building, originally built in 1925, housing a commercial use on the ground floor, Lumpy Ridge Brewing’s Publick House tasting room, and two residential units above. The owner desires to construct a new permanent patio adjacent to the building on the east side, with shade sail coverings. The patio is slightly elevated from the sidewalk, the owner is proposing a new ADA accessible ramp for universal access along with corresponding steps. The request is for relief from the requirements of Section 1.9.D.1.b of the Estes Park Development Code regarding features allowed in setbacks. Item 1.9.D.1.b.4 limits patios to an encroachment of no more than 30% of the required setback and item 1.9D.1.b.5 limits ‘steps and landings’ to a maximum encroachment of 6-feet. It is acknowledged that ADA ramps would be treated the same as ‘steps’. The minimum front setback in the C-D district is 8-feet. Therefore, the minimum patio setback is 67- inches. The minimum setback for the ramp would be 2-feet. This request is twofold: 1) to allow the patio to encroach within 50-inches. (the backside of the ramp) and 2) to allow the ramp to have a 0-foot setback. Site Access and Parking Access to the property is directly from Cleave Street. No parking is provided. Pedestrian/Bike Access Pedestrian access is from the new sidewalk installed on Cleave Street. Utilities Electrical service is provided by Town of Estes Park. The project anticipates installation of site lighting and power in the patio area. No water, gas or sanitary services are anticipated/required as part of the proposed project. Stormwater + Drainage Historic drainage is across the existing grade to Cleave Street. Fire Protection No fire protection systems would be required/anticipated. Lighting Site lighting would be anticipated as dark-sky compliant. Landscaping There are no landscaping requirements. Schedule The project would commence as soon as possible pending approvals. Review Criteria Per the requirements noted in Section 3.6.C of the EPDC, the following are the applicable criteria for review of this request: Special Circumstances Exist that result in a practical difficulty of strict application of the code requirements: a. Whether there can be any beneficial use of the property without the variance; Without the variance, the beneficial use of the property for a patio space is substantially diminished. In particular, the lot is small and up against a rocky hillside that makes further expansion of the patio back on the property prohibitively expensive due to the need to remove substantial bedrock, which could endanger the buildings on the slope above. b. Whether the variance is substantial; The variance request is not substantial: 17-inches for the patio and 24-inches for the ramp 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; The essential character of Cleave Street would not suffer as a result of the variance, rather the complete opposite – it would support the continuing improvement of commercial properties along Cleave and enhance the investment made by the Town in the Cleave Street improvements. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; the variance would have no effect on public utilities. The patio and ramp have been designed around existing services. e. Whether the Applicant purchased the property with knowledge of the requirement; and The applicant and/or its forebears has owned the property since 1989. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. A variance is the only method of relief for this request. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. This is a specific request for a specific circumstance. 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. N/A 5. No variance shall be granted increasing the number of accommodation units beyond the number otherwise permitted. (Ord. 17-24, §1(Exh. A)) N/A 6. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. The request represents the least practical deviation from the standards. 7. 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. The use is a permitted use by right in this zoning district. 8. 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. 20 3 C l e a v e S t Es t e s P a r k C O 8 0 5 1 7 BAS1S.com 970.586.9140 16 9 2 B i g T h o m p s o n A v e . S u i t e 1 0 0 Es t e s P a r k , C O 8 0 5 1 7 Sheet Title:Sheet Title: BOA Site Lu m p y R i d g e B r e w i n g Pu b l i c k H o u s e P a t i o A1.0 Sheet No: BOA Date: Issue: 12/19/2025 Architecture, P.C.© BASIS A R C H I T E C T U R E P . C . 28'5.2' MIN. 5' 9.8' 4. 2 ' 14 ' 9.8' 36 " MI N . 15' 7. 2 5 ' 15 ' 12' 12' 12' 12' 1' 15 ' 12' 12' 12' 15 ' 8' SETBACK 4.2' 3.8' (e) POST FOR DECK ABOVE NEW ADA RAMP MAX SLOPE 1:12 -- VERIFY ACTUAL REQ'D LENGTH IN FIELD REMOVE (e) LANDING VFY MAX 7" STEP DOWN FROM (e) LANDING TO NEW PATIO (e) RIVERROCK STONE WALL TO REMAIN REMOVE (e) PLANTINGS LEVEL + PROVIDE NEW COLORED CONCRETE PATIO BETWEEN (e) STONE WALLS NEW COLORED CONCRETE PATIO SLAB, TYP NEW CONCRETE WALL RE: STRUCT DETAIL OPTION: FACE w/ RIVERROCK (e) ELEC. PEDESTALS NEW STEEL COLUMNS SET IN PIERS PER STRUCT, TYP of 9 NEW SUNSHADES TO MATCH (e) TYP OF 2 ≤7" STEP ≤7" STEP OVERHEAD POWER SHOWN ON SITE PLAN SINCE REMOVED BY TOWN AS PART OF CLEAVE ST. WORK RAMP < 30" WITHIN 36" HANDRAIL AND EDGE PROTECTION ONLY STONE/CONC. DRINK RAIL BETWEEN ROCK OUTCROPPINGS +/- 42" A.F.F. <30" TO PATIO BELOW PROVIDE TOP RAIL & EDGE PROTECTION (e) SUN SHADES TO BE RE-USED, TYP of 4 NEW SAILS SIZED PER NEW POST PLACEMENT, TYP of 7 NEW STEEL COLUMNS + PIERS PER STRUCT. IN NEW LOCATIONS, VERIFY SPACING WITH (e) SAIL DIMENSIONS, TYP of 11 COMMERCIAL USE EASEMENT TO BE DEDICATED BY SEPARATE INSTRUMENT ADA RAMP CONC. PATIO LUMPY RIDGE PUBLICK HOUSE ENTRY PORCH RO C K OU T C R O P P I N G STONE WALL ROSE BUSHES ROCK OUTCROPPING NOTE: ARCH. PLAN OVERLAID ON IMPROVEMENT SURVEY PLAT BY GALLOWAY DATED 4/25/25 CONC. STAGE +7" STONE DRINK RAIL 1 Patio Plan 1/8" = 1'-0" Community Development Estes Park Board of Adjustment February 3, 2026 Variance Request for Setback (203 Cleave Street) BEE203 LLC (Owner) Bruce Darby, Evergreen Asset Solutions (Applicant) Presented by Kara Washam, Planner II Objective The Applicant requests approval of a variance to eliminate the minimum front setback along the south property line to allow the construction of a covered patio and ADA accessible ramp on the east side of the existing building. Present Situation •0.10 acres and zoned CD (Commercial Downtown). •Existing mixed-use building (1925). •Lumpy Ridge Brewing’s Publick House tasting room (ground floor). •2 residential dwelling units above. •The existing building was remodeled in 2023 as a tasting room and a temporary at-grade patio was installed at that time. •The Applicant applied for a building permit in November 2025 for the proposed permanent patio and ADA accessible ramp without knowledge of the setback regulations. Vicinity Map of Subject Area Zoning Map FUTURE LAND USE DESIGNATION ZONING USES SUBJECT PARCEL Downtown CD (Commercial Downtown)Commercial- Tasting Room NORTH Downtown CD (Commercial Downtown)Residential SOUTH Downtown CD (Commercial Downtown)Commercial EAST Downtown CD (Commercial Downtown)Undeveloped WEST Downtown CD (Commercial Downtown)Unknown Variance Description •The Applicant requests approval of a variance to eliminate the front setback along the south property line to 0’. •The CD Zone District requires a setback minimum of 8’ and maximum of 16’ to the front property line. •The applicant proposes to construct a new patio east of the adjacent building. •The new patio will be slightly elevated from the existing sidewalk along Cleave and will be approximately 50” from the property line. •The proposed new ADA accessible ramp will abut the existing sidewalk at the property line. Site Plan Review Criteria Review Criteria #1: Special conditions exist that are not common to other areas. •Small lot size •Topography Review Criteria #2.a: There may be beneficial use of the property without the variance. •The property currently has beneficial use as a tasting room. •Temporary patio is currently in use; Applicant's goal is to construct a permanent, higher-quality patio that includes accessible access to the existing sidewalk. •Patio location is restricted toward the front of the property. Existing Conditions (Front) Review Criteria, cont. Review Criteria #2.b: The variance request is substantial. Review Criteria #2.c: Character of the neighborhood will not be substantially altered with the patio. Review Criteria #2.d: Whether the variance would adversely affect the delivery of public services such as water and sewer. •The proposed patio and ramp have been designed around existing services, ensuring that the variance will not impact public utilities. Review Criteria, cont. Review Criteria #2.e: Whether the Applicant purchased the property with knowledge of the requirement. •The applicant and/or its forebears has owned the property since 1989, likely unaware of the setback requirement. Review Criteria #2.f: Whether the Applicant's predicament can be mitigated through some method other than a variance. •A variance is the only method of relief for this request. Review Criteria, cont. Review Criteria #7. 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 zoning district containing the property for which the variance is sought. •“Eating/Drinking Establishment- with outdoor seating or food service.” •This use is permitted by right in the CD (Commercial Downtown) zoning district (Table 4-4 of the EPDC). Review Criteria, cont. Review Criteria #8. 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 has no recommendation for conditions of approval. Public Notice & Comments Staff provided public notice of the application in accordance with EPDC noticing requirements. •Written notice mailed to adjacent property owners on December 17, 2025. •Legal notice published in the Estes Park Trail- Gazette on December 19, 2025. •Application posted on the Town's "Current Applications" website. No public comment has been received. Action Recommended Staff recommends approval of the proposed variance described in the staff report, with the front setback consistent with the Site Plan. Advantages This variance would allow the Applicant to construct a permanent patio with access to the existing ADA accessible ramp along the sidewalk. Disadvantages There are no known disadvantages of the variance request. Sample Motions •I move to approve the variance request to eliminate the front setback to zero-feet (0’) along the south property line for the subject property addressed as 203 Cleave Street in Estes Park. •I move to approve the variance request to eliminate the front setback to zero-feet (0’) along the south property line for the subject property addressed as 203 Cleave Street in Estes Park, with conditions [state conditions]. •I move to deny the variance request with the following findings [state reason/findings]. •I move that the Board of Adjustment continue the variance request to the next regularly scheduled meeting, finding that [state reasons for continuance]. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Town of Estes Park Board of Adjustment Through: Director Careccia From: Paul Hornbeck, Senior Planner Department: Community Development Date: January 29, 2026 Subject: Variance Request to Development Code Section 7.6.F.1 Regarding Activities within Wetland Setbacks at 1754 Fish Hatchery Road Proposal: Staff request’s this item be continued to the March 3, 2026 Board of Adjustment Meeting. Sample Motion: I move to continue this item to the March 3, 2026 Board of Adjustment Meeting.