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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2015-04-07 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 7, 2015 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Pete Smith, Vice-Chair Don Darling, John Lynch, Jeff Moreau, Wayne Newsom Attending: Vice-Chair Darling, Members Lynch, Moreau, Newsom, Also Attending: Senior Planner Shirk, Planner Kleisler, Recording Secretary Thompson Absent: Chair Smith Vice-Chair Darling called the meeting to order at 9:00 a.m. There was a quorum in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. There were two people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT Approval of minutes of the March 3, 2015 meeting. It was moved and seconded (Newsom/Moreau) to approve the Consent Agenda as presented and the motion passed unanimously, with one absent. 3. LOT 6, LONE PINE ACRES ADDITION, 1851 North Lake Avenue, Backbone Adventure Rentals Planner Kleisler reviewed the staff report. The application is for a variance from Estes Valley Development Code (EVDC) Section 5.1.R.1, which prohibits vehicle displays in the front setback area; the applicant proposes to use an existing vehicle display pad that is located in the setback area. Also, a variance from EVDC Section 5.1.R.4, which allows up to one (1) vehicle display pad per 100 feet of street frontage; the applicant desires to have two (2) outdoor vehicle displays within 100 feet of street frontage. Planner Kleisler stated the Town Board recently approved a Special Review use of Backbone Adventure Rentals. The applicant’s vehicle rental building will be located at 1851 North Lake Avenue. The applicant desires to display vehicles on pads located within the front setback area. The requested display areas are not beyond the scope of the Special Review approval, as the locations were labeled on the development plan as RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 April 7, 2015 potential outdoor display areas. The property is zoned CO–Commercial Outlying. The property borders a parking lot to the east, a vacant commercial building to the west, and single-family homes to the north. There are two buildings on the site, each approximately 3,100 square feet. Planner Kleisler stated the building was constructed in 1960, and is right up against the south property line. Per the EVDC, there will be some improvements to the site. If approved, a display pad would be built on the south east corner of the property, facing east. Parking spaces will be added on the east side of the building. Planner Kleisler stated the application was routed to all affected agencies and adjacent property owners. No concerns were expressed during the review period. After the staff report was written, one neighbor called the Community Development Department. After explaining the project, there were no concerns. Staff Findings 1. Special circumstances or conditions exist: Staff finds that special circumstances and conditions exist relating to the location of the southern building. The building, constructed in 1960 was built up to the front property line. The location of the building leaves any suitable display area towards the rear of the lot. Furthermore, the building screens the easterly display area from westbound traffic, and the westerly area from eastbound traffic. 2. Practical difficulty: A. The business use is approved and may continue. B. Staff finds the variance is not substantial. C. The essential character of the neighborhood would not be substantially altered with the approval of this variance. The westerly display pad was previously used to display vehicles. D. Affected agencies expressed no concerns relating to public services for this variance. E. The applicant knew of this limitation when entering a lease with the property owner. F. The only other display areas on the site would be towards the rear of the lot and screened from public view from buildings. Therefore, it appears that this variance request is the only method by which to have functional vehicle display locations. G. The conditions as submitted in this variance petition are not general and recurrent in nature. The building location is unique relative to other sites in the area. H. Staff is unaware of another alternative to permit vehicle displays. I. The use, classified as Equipment/Vehicle Sales and Rentals, was approved through a Special Review application on February 24, 2015. Planner Kleisler stated staff recommended approval of the variance requests. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 7, 2015 Staff and Member Discussion None. Public Comment Jes Reetz/applicant representative stated an island was requested by the Public Works Department as a way to delineate the entrance to the business. The area will be concrete curb and gutter, with cobble placed inside the area. The light pole will remain outside of the display area, as it is in the public right-of-way. Conditions of Approval None. The applicant had conditions of approval associated with the Special Review process, so no conditions were necessary for this application. It was moved and seconded (Newsom/Lynch) to approve the variance requests with the findings recommended by staff and the motion passed unanimously with one absent. 4. LOT 9, BLOCK 2, 2ND AMENDED PLAT, TOWN OF ESTES PARK, 143 E. Elkhorn Avenue, Earthwood Collections Planner Shirk reviewed the staff report. The applicant requests a variance from EVDC Section 4.4.D.1.a, which requires “all retail sales, displays and activities and all other uses, storage and activity shall be wholly contained within the interior of a building or permanent structure.” The purpose of the request is to use a small private alley as a display area for merchandise (outdoor art). The property is located downtown, in an alleyway immediately east of Earthwood Collections. The overall neighborhood is all retail businesses. The alleyway is not typical for the area. The applicant, Ron Wilcocks, purchased the building in 2013. Previous owners found it difficult to attract customers to the area. The application was reviewed per EVDC Section. It was routed to applicable affected agencies and adjacent property owners. There was one written comment supporting the variance. This proposed variance would not impede pedestrian traffic on Elkhorn Avenue. Fire Marshall Marc Robinson had no concerns as long as the displays are shifted to one side and allow for pedestrian movement through the alleyway. Planner Shirk stated the outdoor display will be limited to products designed for permanent outdoor display such as statues, and shall be limited to product for sale by the property owner or lessee. If approved, the variance stays with the property, and this type of display would be allowed with other owners of the property. The Estes Valley Board of Adjustment is the decision-making body for this request. There are no other land use applications associated with this request. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 April 7, 2015 Staff Findings 1. The request generally satisfies the requirements of Section 3.6.C variance “Standards for Review.” 2. Special circumstances or conditions exist that are not common to other areas or buildings similarly situated and practical difficulty would result from strict compliance with development code standards. 3. Approval of the requested variance will not nullify or impair the intent and purposes of either the specific standard, the development code, or the Comprehensive Plan. 4. The variance is not substantial. 5. The essential character of the neighborhood would not be substantially altered nor would adjoining properties suffer a substantial detriment as a result of the variance. 6. The variance would not adversely affect the delivery of public services such as water and sewer or affect pedestrian movement. 7. The recommended conditions of approval will substantially secure the objectives of the varied standard. 8. The Board of Adjustment is the decision-making body for this variance request. Planner Shirk stated staff recommended approval of the variance request, with the conditions of approval listed below. Member Moreau asked for and received confirmation that the conditions of approval would allow only items for permanent outdoor display. He was concerned a future business owner would want to display t-shirts or other retail items in the area. There was brief discussion concerning the location of the property line. Conditions of Approval 1. Outdoor display area shall be limited to outdoor art or furniture such as statues and chairs for sale by the property owner or lessee. 2. Outdoor display shall be set back at least five feet from the front of adjacent buildings. Public Comment Ron Wilcocks/applicant stated he has been a downtown business owner for 15 years. They sell handmade art and will continue with this tradition. They strive for high quality artwork. The retail space in the rear of the building is difficult to see, which has been an issue with tenants. With the ability to display outdoor art, he plans to expand Earthwood Collections into the underutilized rear building. The outdoor display or art will have no effect on the public sidewalk, since it is all on private land. He stated the approval of the variance is consistent with the Town’s goal of re-vitalizing downtown, and it will directly help support this goal. Jon Nicholas/Economic Development Corporation commended Mr. Wilcocks on his creativity on a difficult downtown space. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 April 7, 2015 Jerry Godby/new business owner supported the variance request, hoping other businesses could be creative in ways to attract customers. Members Newsom and Lynch stated they were supportive of the request. It was moved and seconded (Moreau/Lynch) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously with one absent. 5. REPORTS A. Senior Planner Shirk reported the Barrel Beer Garden has been approved for their liquor license and the applicant has applied for a building permit. B. Senior Planner Shirk reported the Town applied for and received a grant for an overall Downtown Neighborhood Plan, and will be starting the Request for Proposal (RFP) process in the near future. The plan will most likely consider, among other items, infrastructure analysis and upgrades, and aspects of the EVDC that may be a hindrance to the success of the downtown area. C. Senior Planner Shirk stated Member Lynch’s term expires June 30, 2015. He has submitted a letter to the county Commissioners expressing his interest in continuing for another three-year term. D. Senior Planner Shirk reported there will not be a meeting in May, 2015. E. Senior Planner Shirk reported the recent amendments to the BOA Bylaws were approved by the Town Board and the County Commission and will be placed in the member notebooks. F. Senior Planner Shirk stated a Special Town Board meeting will be held Wednesday, April 15th to accept public comment on the FLAP application. There being no other business before Board, the meeting was adjourned at 9:34 a.m. ___________________________________ Don Darling, Vice-Chair __________________________________ Karen Thompson, Recording Secretary