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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2005-01-04RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment January 4, 2005, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Also Attending: Absent: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, Cliff Dill, and Alternate Jeff Barker Chair Horton, Members Dill, Levine, Newsom, and Sager Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Roederer None Chair Horton called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the December 7,2004 meeting. 2. ELECTION OF OFFICERS It was moved and seconded (Newsom/Horton) to nominate Al Sager as Chair and Cliff Dill as Vice-Chair and the motion passed unanimously. Member Sager took over the meeting as Chair. 3- METES AND BOUNDS. 189 & 191 E. RIVERSIDE DRIVE. APPLICANT: PAUL C WHYARD — VARIANCE REQUEST FROM SECTION 7.6.E.3 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Chilcott reviewed the staff report. The applicant requests a variance to Section 7.6.E.1.a.(3) “Stream and River Corridors” of the Estes Valley Development Code which requires all buildings and accessory structures in the “CD” Commercial Downtown zoning district to be set back at least twenty feet from the annual high- water mark of stream or river corridors or, if not readily discernible, from the defined bank of the stream or river. Where a principal building in the CD district provides public access, including a primary entrance, on the side of the building facing a stream or river corridor, the setback may be reduced to ten feet with the approval of the decision-making body. There are two buildings at 189/191 East Riverside Drive. The building at 189 East Riverside Drive is a single-family residence occupied by the property owner. The building at 191 East Riverside Drive is currently used as a home office. The applicant wishes to convert the northern building into a hot-dog restaurant with customer seating outdoors near the river; no indoor seating is proposed. Because the three proposed tables and chairs would be permanently attached to the ground, they are considered accessory structures and are required to meet setbacks. Planner Chilcott stated that a privacy fence would be constructed to screen the restaurant’s outdoor seating from the residential portion of the property and would extend from the southwest corner of the restaurant to the riverbank. She noted that one of the purposes of the river setback is to provide room for public pedestrian access to Fall River and the Big Thompson River. Such access is unlikely due to the proximity of the existing buildings to the river. Public pedestrian access to the Big Thompson River is provided on the opposite river bank, next to the Town’s public parking lot. The Estes Park Urban Renewal Authority has worked to create a lively riverfront environment downtown. Because the proposed picnic tables are the same that EPURA installed near another downtown business, they would continue EPURA’s riverfront design and could improve the economic vitality of this section of the downtown. Staff is supportive of the variance request. The request has been submitted to all applicable reviewing agency staff and property owners within 100 feet of the property for consideration and comment. Comments were received from Will Birchfield of the Estes Park Building Department, Greg Sievers of the Estes Park Public Works Department, and James Duell of the RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 January 4, 2005 Estes Park Sanitation District. No comments were received from adjacent property owners. Member Levine questioned whether a patio or deck would be constructed at the site. Planner Chilcott verified that none was planned. Director Joseph noted that the heaith department may require a hard surface under the tables. The applicant, Paul Whyard, was present. He stated his intention to tie in with the improvements that have been done in Riverside Plaza and to improve the look of the area. He intends to replace the crumbling asphalt where the picnic tables will be located with a concrete surface and stated that no deck or patio is planned. Public Comment: None. It was moved and seconded (Levine/Newsom) to approve the requested variance from the minimum river setback in the “CD” Commercial Downtown zoning district, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Compliance with the submitted plans. Submittal of a setback certificate from a registered land surveyor demonstrating compliance with the setback variance. The bottom one foot of the fence shall be open. The picnic tables shall be securely anchored. A bear-proof trash receptacle shall be provided and securely anchored. A registered land surveyor shall verify the location of the right-of-way and no private improvements shall be placed in the right-of-way. The proposed access to the riverfront shall be approved by staff to ensure safe pedestrian access to the riverfront. 2. 3. 4. 5. 6. 4. LOT 13, LITTLE VALLEY 1st SUBDIVISION. 3816 DOLLAR LAKE DRIVE- APPLICANT: PETER & LAVONA VANDERVEEN — VARIANCE REQUEST FROM SECTION 4, TABLE 4-2. OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. Lonnie Sheldon of Van Horn Engineering was present to represent the applicant. After a short discussion, a proposal was made to continue the variance request to the February 1,2005 meeting. Public Comment: None. It was moved and seconded (Newsom/Dill) to continue the request for a variance to Section 4, Table 4-2, of the Estes Valley Development Code to the Board of Adjustment meeting on February 1, 2005 and the motion passed unanimously. 5. LOT 2. STANLEY MEADOWS ADDITION AND A PORTION LOCATED IN THE N y2 OF SECTION 25. T5N. R73W. 500 BIG THOMPSON AVENUE. APPLICANT: TOWN OF ESTES PARK. VARIANCE FROM SECTION 4. TABLE 4-5. OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant, the Town of Estes Park, requests a variance to Section 4, Table 4-5, of the Estes Valley Development Code to allow a front-yard setback along Big Thompson Avenue of seventy-six feet in lieu of the maximum sixteen-foot setback allowed in the CD - Commercial Downtown zoning district. This is the current location of the visitor center and parking lot. The current zoning is CO - Commercial Outlying: the Planning Commission will review a development plan, a rezoning request to change the zoning from CO to CD, and a boundary line adjustment request for this property at their January 18, 2005 meeting. The purpose of the variance request is to allow for situating the new visitor center/Convention and Visitor Bureau offices closer to the river than to the highway RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 January 4, 2005 and to facilitate vehicular circulation. Planner Shirk noted that the purpose of having a maximum setback in the “CD” district is to ensure a continuous “commercial street wall,” In this particular area, there is no established street wall as is found in the primary downtown area. This request has been submitted to all applicable reviewing agency staff for consideration and comment. At the time of this report, no significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. The applicant has been working with Bureau of Reclamation to address concerns. The applicant has owned the property since 1947. Member Levine questioned whether the current zoning of CO would allow the building to be placed as planned. Planner Shirk noted that the rezoning request is due to the river setbacks required in the CO district, Steve Lane of Basis Architecture was present to represent the applicant. He stated that the purpose of the development is to motivate people to park at the visitor center and use the riverwalk to access the downtown area. The goal is to make that area the primary link to downtown and alleviate traffic congestion. He noted that the connection to the river is very important and placing the parking lot between the building and the river would discourage such use. He stated that parking near the highway encourages visitors to park there and noted that the building edge becomes more broken as you move east from the downtown area. Chair Sager expressed concern about the width of the traffic aisles in the parking lot and a brief discussion followed. Mr. Lane stated that the applicant was working with the National Park to provide shuttle service from the visitor center location. Public Comment: None. It was moved and seconded (Newsom/Levine) to approve the seventy-six-foot (76’) variance from the sixteen-foot (16’) front-yard setback requirement, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Approval of the proposed rezoning, development plan, and amended plat. 2. Compliance with applicable building codes. 3. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 6. REPORTS None. There being no further business. Chair Sager adjourned the meeting at 9:04 a.m. Al Sager, Chair uljer Roederep; Recording Secretary