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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2020-09-01(Instructions continued on page 2, Agenda begins on page 3) BOARD OF ADJUSTMENT – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, September 1, 2020 9:00 a.m. Estes Park, CO 80517 The Estes Park Board of Adjustment will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Input: 1. By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/EPBOAPublicComment. The form must be submitted by 12:00 p.m., Monday, August 31, 2020. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2. By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-3721. The calls must be received by 12:00 p.m., Monday, August 31, 2020. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 1-346-248-7799 Enter the Meeting ID for the September 1, 2020 meeting: 941 0364 6695 followed by the pound sign (#). The meeting will be available beginning at 8:45 a.m. the day of the meeting. Please call into the meeting prior to 9:00 a.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Chair will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: • State your name and address for the record. • DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. 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. Prepared August 27, 2020 NOTE: The Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https//zoom.us/s/94103646695 – Zoom Webinar ID: 941 0364 6695. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “EP Board of Adjustment”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 8:45 a.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting. Request to Speak: For public comments, the Chair will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. • You will experience a short delay prior to re-connecting with the ability to speak. • State your name and address for the record. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom Webinar. o The link can be found above. • Click “Participate Virtually EP Board of Adjustment” meeting • DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Board of Adjustment meetings will be live-streamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, August 31, 2020 by 4:00 p.m. to the Community Development office at planning@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by email to planning@estes.org, or by completing the Public Comment form at https://dms.estes.org/forms/EPBOAPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-3721. All calls must be received by 4:00 p.m., Monday, August 31, 2020. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing planning@estes.org or calling (970) 577-3721 by Monday, August 31, 2020 at 4:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to planning@estes.org by 8:00 a.m. Monday, August 31, 2020 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Estes Park Board of Adjustment or under the Board of Adjustment section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing planning@estes.org or calling (970) 577-3721. NOTE: The Board of Adjustment reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA BOARD OF ADJUSTMENT – TOWN OF ESTES PARK Tuesday, Septemer 1, 2020 9:00 a.m. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1. Board of Adjustment Minutes dated August 4, 2020 ACTION ITEMS: 1. Variance Request, 113 E Elkhorn Avenue Planner Bergeron It is proposed that the BOA grant a variance to the minimum setback required on the west property line of the parcel to allow a zero-foot setback. REPORTS AND DISCUSSION ITEMS: ADJOURN Prepared 08/27/20 Town of Estes Park, Larimer County, Colorado, August 4, 2020 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on the 04 day of August, 2020. Committee: Chair Jeff Moreau, Vice Chair, Wayne Newsom, Board Member Joe Holtzman Attending: Vice Chair Newsom, Board Member Holtzman, Community Development Director Randy Hunt, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liaison Barbara MacApline, Town Attorney Dan Kramer Absent: Chair Moreau Vice-Chair Newsom called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion passed 2-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 2-0. VARIANCE REQUEST, HABITAT FOR HUMANITY, 1730 RAVEN AVENUE. Director Hunt reviewed the staff report and the applicants request for a variance to the current density requirement in EPDC Sec. 4.3.C.4 Table 4-2 “Max. Net Density (units/acre)” column, for the RM (Residential Multifamily) Zoning District. The table permits a maximum of 8 units per acre; applicant requests a density of 25.5 units / acre. Habitat for Humanity is proposing to build 6 units on this property, which would not require a variance. In order to allow the lot split to happen, this variance is needed to bring the current condominiums into compliance. Staff recommended approval of the requested variance. Board Comments: None, thanks to thorough review by Director Hunt. Applicant Comment: Joe Coop, Van Horn Engineering, spoke on the history of the lot and the confusion as to whether or not it was ever subdivided. Doing a minor subdivision will clean this up. Moving the lot line and building more parking will improve the look and appeal of the entire complex. Dave Emerson, Director of Habitat St. Vrain Valley, gave a presentation on how Habitat serves and helps the community. The new homes will blend into the neighborhood where they are being built. These homes will be deemed Affordable Housing permanently, even when an owner sells. This particular property has been under contract with the owners since 2011. The subdivision process will contain the elements of green space, yards, fencing and other details. Brenda Wyss, Habitat Home recipient, spoke on her experience with the program and what it has meant to her and her family, stressing how grateful she is to partner with Habitat for Humanity. Craig Ellsworth, Habitat Board of Directors, spoke in favor or the project and reviewed the need for affordable housing in the Estes Valley. Committee Name – Month Day, Year – Page 2 Public Comment: Gregory Parrack, 1747 Raven Avenue, stated concerns with children not having enough green-space, parking problems and thinks that six houses is too many, preferring three or four. It was moved and seconded (Holtzman/Newsom) to approve the requested variance, with findings and conclusions as outlined in the staff report, and specifically including the following condition: 1. The Minor Subdivision, as substantially shown on the Preliminary Minor Plat of Lot 1, North Lake Subdivision, shall be approved and recorded within one (1) year from August 4, 2020, or the variance shall be deemed null and void. The motion passed 2-0. REPORTS There is one item on the agenda for the September 1 meeting. There being no further business, Vice-Chair Newsom adjourned the meeting at 10:05 a.m. Wayne Newsom, Vice-Chair Karin Swanlund, Recording Secretary COMMUNITY DEVELOPMENTMemo To: Chair Jeff Moreau Estes Park Board of Adjustment (BOA) Through: Community Development Director Randy Hunt From: Alex Bergeron, Planner II Date: September 1, 2020 RE: Setback Variance for 113 E. Elkhorn Avenue Objective: Conduct a public hearing to consider and make a decision on a variance request to reduce a minimum front setback from eight feet to zero feet to allow a right-of-way (ROW) vacation for an existing building encroachment and to permit an addition to the building against the west property line. Location: 113 E. Elkhorn Avenue, legally described as: LOT 16A, AMD LOTS 15, 16 & 17, BLK 2, 2ND AMD BLK 2, EP and further identified with Parcel Number 3525156016. Present Situation: The Property as defined above (see also Attachment 1: Vicinity Map) features a 100- year-old building which currently encroaches eight feet into the Town’s ROW on the west side of the lot (see Attachment 2: Site Plan). Because the building is situated at the corner of Big Horn Drive and E. Elkhorn Avenue, both the south and west property lines have a minimum setback of eight feet (Estes Park Development Code [EPDC] §1.9.D.1[c] and EPDC Table 4-5). The ROW encroachment, then, represents a non- conformity of 16 feet on the west property line, which this variance request attempts to help resolve. Proposal: It is proposed that the BOA grant a variance to the minimum setback required on the west property line of the parcel to allow a zero-foot setback. For practical reasons, the variance is conditional on the Town Board voting favorably to vacate the ROW which currently features the building encroachment because providing for a zero-foot setback would not be functionally realized if a portion of the building continues to extend beyond that the property line. If the variance is approved, it is proposed that an addition to the building be built along the property line to house a taproom. This addition is also dependent on ROW vacation because the ROW encroachment effectively prohibits modification of the building. Section 12.08.040 of the Municipal Code, which deals with obstruction of public ROWs, requires that if any existing building obstructing the street/sidewalk is "remodeled or materially altered," obstructions shall be removed. Town staff and the applicants have discussed the ROW vacation, and at this time there are no apparent reasons why the small section of ROW cannot be vacated. The final vacation decision rests with the Town Board. It will be proposed by Staff that as a condition of ROW vacation, any development plan approval for a modification to the building (or building permit issuance if no development plan is required), including the proposed Lumpy Ridge Taproom, must be contingent on installation of curb and gutter on the lot’s Big Horn Drive frontage, where none exists now. Review Criteria: The Board of Adjustment is the decision-making body for this application. 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. Staff findings on these standards and criteria are outlined below: §3.6.C.1: Special circumstances or conditions exist. Affirmative. Encroachment of a building into the public ROW is not a common circumstance. §3.6.C.2(a): Whether there can be any beneficial use of the property without the variance. Affirmative. The commercial retail operations will be allowed to persist, though no addition could be built. §3.6.C.2(b): Whether the variance is substantial. Negative. While the proposed addition to the building may be located eight feet closer to the street than the zone district would otherwise permit with approval of the variance, the addition would still be set back from the existing building façade due to its ROW encroachment. §3.6.C.2(c): Alteration to neighborhood character/local detriment. Negative. It is Staff’s opinion that cleaning up the real estate issues and realizing the installation of curb and gutter on Bighorn Avenue would actually be an improvement to the neighborhood. §3.6.C.2(d): Adverse effect on the delivery of public services such as water and sewer. Negative. No comments from affected agencies were received indicating that approval of the variance request would be cause for adverse impacts on public services. §3.6.C.2(e):Whether the Applicant purchased the property with knowledge of the requirement. Neutral. It is not known if the applicant knew of the existing ROW encroachment at the time of property purchase. §3.6.C.2(f):Whether the Applicant's predicament can be mitigated through some method other than a variance. Negative. The variance will permit the existing building to legally exist in its current position following ROW vacation for the area of the building’s ROW encroachment. §3.6.C.3: No variance for general/recurrent circumstances. Affirmative. The circumstances are very unique to this situation. §3.6.C.4: No variance for lot size reduction. Not applicable. §3.6.C.5: Variance shall represent the least deviation from the regulations that will afford relief. Affirmative. Though there are related conditions of approval, the requested setback variance is the minimum relief that can be granted by the BOA within the scope of the present situation. §3.6.C.6: No variance for non-permitted use. Affirmative. The existing commercial retail use and the proposed taproom are uses permitted by right in the CD (Commercial Downtown) zone district. §3.6.C.7: BOA may grant conditions to ensure objectives are met. Affirmative. The proposed condition that the Town Board of Trustees grant a ROW vacation for the existing building encroachment helps ensure the practicality of the setback variance. The proposed condition that the Applicant install curb and gutter in exchange for the ROW vacation may help compensate for value of vacated ROW and works to improve the ROW in this area for the public benefit. Reviewing Agency Comments: This request has been routed to reviewing agency staff for review and comment. Comments received supported the variance request as conditioned. Public Notice: A legal notice was published in Estes Park Trail-Gazette on August 14, 2020. Advantages: Approval of the variance request resolves an existing property issue by conditionally eliminating an encroachment and restoring legal situation of the building in its current position. In addition, approval of the zero-foot setback permits the proposed taproom addition to be located on the north side of the building along the property line, which is still visually set back from the street because of the building encroachment. Disadvantages: Approval of the variance and the related ROW vacation may interfere with alignment of Big Horn Drive and Moraine Avenue if that is desired at a future date. Action Recommended: Staff recommends Approval of the variance request. Finance/Resource Impact: Financial impact considerations might relate to the value of the Town ROW proposed to be vacated. However, it is the opinion of staff that the installation of the aforementioned curb and gutter improvements is of value in its own right. Also, the fact that the ROW is currently occupied by a building diminishes the functional benefit of ROW possession by the Town should it find it undesirable to attempt repossession of the subject ROW. Level of Public Interest: As of the time of this writing, one public comment regarding site access was received from the neighbor to the north and the Estes Park Trail-Gazette did contact the Community Development Department for information, which suggests there is some level of public interest. Sample Motions: I move to APPROVE with Condition the variance request, the condition of which is ROW vacation by the Town Board of Trustees, in accordance with the findings as presented. I move to deny the variance request, finding that [state findings for approval]. I move to continue the variance request to the next regularly scheduled meeting [state reasons for continuing]. Attachments: 1. Vicinity Map 2. Proposed Site Plan 3. Application Form 4. Statement of Intent 5. Public Comment 6. Indemnification and Waiver (∆ BASE O F C LI F F BASE OF CLIFFBIG HORN DRIVE E ELKHORN AVENUELOT 27 BLOCK 10 TOWN OF ESTES PARK LOT 16A BLOCK 2 TOWN OF ESTES PARK LOT 15A BLOCK 2 TOWN OF ESTES PARK BLOCK 2 TOWN OF ESTES PARK CONCRETE PAN COVERED PATIO FIRST FLOOR FFE = 7538.00'SHED SHED 6'x6' CONTAIN - ER SHED CLEAVE STREETNEW PAVED PARKING LOT PROPOSED TAP HOUSE EXISTINGR-O-W44.2'8' MIN FRONTAGE SETBACK 0' FRONTAGE SETBACK PROPOSED 16' MAX FRONTAGE SETBACK PORTION OF BUILDING ENCROACHING IN RIGHT OF WAY PORTION OF BUILDING ENCROACHING IN RIGHT OF WAY SITE PLAN 113 E ELKHORN AVENUE OWNER B WADE INVESTMENTS LLC 6624 POWELL ST LOVELAND, CO 80538 ENGINEER/CONTACT PERSON TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK, CO 80517 ZONING INFORMATION SUBJECT PROPERTY ZONING CLASSIFICATION: CD - COMMERCIAL DOWNTOWN SURROUNDING PROPERTY ZONING CLASSIFICATION: CD - COMMERCIAL DOWNTOWN FRONT BUILDING SETBACK: MIN = 8'; MAX = 16', 0' SETBACK PROPOSED REAR BUILDING SETBACK: IF LOT ABUTS A RESIDENTIAL PROPERTY = 10'; ALL OTHER CASES = 0' SIDE BUILDING SETBACK: IF LOT ABUTS A RESIDENTIAL PROPERTY = 10'; ALL OTHER CASES = 0' GENERAL NOTES 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY. 2. PLATTED BEARINGS WERE ROTATED 0°27'03" COUNTER-CLOCKWISE TO MATCH GEODETIC BEARINGS MEASURED BETWEEN THE TWO FOUND MONUMENTS SHOWN HEREON. BEARINGS FOR THIS SITE PLAN ARE BASED ON THESE TWO MONUMENTS, CALCULATED TO BEAR N72°20'31"E. 3. ONLY VISIBLE SURFACE UTILITIES ARE SHOWN HEREON. TRAIL RIDGE CONSULTING ENGINEERS DID NOT CALL FOR UNDERGROUND UTILITY LOCATES PRIOR TO THE FIELD SURVEY AND DOES NOT WARRANT THE LOCATIONS OF THE UTILITIES AS SHOWN HEREON. THAT RESPONSIBILITY LIES WITH THE OWNER/CONTRACTOR. 4. CONTOURS SHOWN HEREON ARE AT A 1-FT INTERVAL AND ARE BASED UPON IN-THE-FIELD GROUND SHOTS AND TERRESTRIAL LIDAR SCANS USING A TRIMBLE SX10. 5. THE BOUNDARY OF LOT 16A ACCORDING TO THE AMENDED PLAT OF LOTS 15, 16, AND 17 (RECEPTION NO. DOES NOT CLOSE MATHEMATICALLY. LEGAL DESCRIPTION (PER WARRANTY DEED AT RECEPTION #20200003577) AMENDED PLAT OF LOTS 15, 16 AND 17, BLOCK 2 2ND AMENDED PLAT TO THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO 10' SCALE: 1" = 10' 0 20' 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2020 DAB SSubmittalDate:711512020II—IIESTESPARKHio2020IlL11BOARDOFADJUSTMENT_JLiIAPPLICATIONRecordOwner(s):B.WADEINVESTMENTS,LLCIStreetAddressofLot:113E.ELKHORNAVELegalDescription:___________Lot:16ABlock:2Subdivision:2NDENDEOPUTTOTHETOM4OFESTESPARKParcelD#:3525156016VarianceDesired(DevelopmentCodeSection#):SECTION4.4.TABLE4.5NONRESIDENTIALZONINGSETBACKS.FRONTSETBACKMIN8,REQUESTEDSETBACKDBANGS@TRAILRIDGECE.COMClConsultantlEngineerElApplicationfee(seeattachedfeeschedule)CStatementofintentLmsLornn[vm[Lstand.hinSer.tinn3.6.0oftheEPDCpQ3-lO?.ii.seeaftached)Icopy(folded)ofsiteplan(drawnaascaleof1”=20)El1reducedcopyofthesiteplan(li”Xj71)ElDigitalcopiesofplatslplansinTIFForPDFformatemailedtoplanningestes.orgThesiteplanshallincludeinformationinEstesParkDevelopmentCodeAppendixB.VII.5.Theapplicantv.411berequiredtoprovideadditionalcopiesofthesiteplanafterstaffreview(seetheBoardofAdjustmentvarianceapplicationschedule).Copiesmustbefolded..16Tract:RETAILRETAILftTAPROOMZoningCDWWIERCIALDOWNTOWNLotSizeExistingLandUseProposedLandUseExistingWaterServiceTownProposedWaterServiceITownExistingSanitarySewerServiceProposedSanitarySewerServiceExistingGasServiceXcelSiteAccess(ifnotonpublicstreet)Aretherewetlandsonthesite?oWellCWell0COther(Specify)ElOther(Specify)EPSDCUTSDEPSDCUTSDOther0NoneoSepticoSeptic0YesIZINoNameofPrimaryContactPersonDAVIDBANGS,TRAILRIDGECONSULTINGENGINEERSCompleteMailingAddressPrimaryContactPersonis0OwnerCApplicantIownoftstes‘ark.‘P.O.boxI2(X)-S.I/0MacGregorAvenue&tstesPark.COWI/CommunityDevelopmentDepartmentPhone:(970)577-372)e.Fax:(970)586-0249-e.www.estes.org/CommunityDevelopmentRevised2020.04.01ks .——RecordOwner(s)B.WADEINVESTMENTS,ILCMailingAddress6S24POWELLST.LOVElAND,CC80538PhoneCellPhoneFaxEmailApplicantBENHOLCOMBMailingAddressPhoneCellPhoneFaxEmailben@ptoneercandy.comConsultantiEngineerDAVIDBANGS,PE,TRAILRIDGECONSUTIINGENGINEERSMailingAddress2191LARKSPURDR,ESTESPARK,CO80517Phone970-308-8221CellPhoneFaxEmailDBANGS®TRAILRIDGECE.COMAPPLICATIONFEESSeethefeescheduleincludedinyourapplicationpacketorviewthefeescheduleonlineat:www.estes.org/planninpformsAllrequestsforrefundsmustbemadeinwriting.Allfeesaredueatthetimeofsubmittal.DEVELOPMENTPROPOSALUNDERREVIEWFORTHISPROPERTY970-577-3721Revised2020.04.01ks OWNER&APPLICANTCERTIFICATIONAsOwner,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandIamtherecordowneroftheproperty.1AsApplicant,IherebycertifythattheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandthatinfilingtheapplicationIamactingwiththeknowledgeandconsentoftheownersoftheproperty.Insubmittingtheapplicationmaterialsandsigningthisapplicationagreement,IacknowledgeandagreethattheapplicationissubjecttotheapplicableprocessingandpublichearingrequirementssetforthintheEstesParkDevelopmentCode(EPDC).IacknowledgethatIhaveobtainedorhaveaccesstotheEPDC,andthat,priortofilingthisapplication,Ihavehadtheopportunitytoconsulttherelevantprovisionsgoverningtheprocessingofanddecisionontheapplication.TheEstesParkDevelopmentCodeisavailableonlineat:https:/tww.rnunicode.comRibrary/CO/estes_valleyfcodes/development_code0IunderstandthatacceptanceofthisapplicationbytheTownofEstesParkforfilingandreceiptoftheapplicationfeebytheTowndoesnotnecessarilymeanthattheapplicationiscompleteundertheapplicablerequirementsoftheEPDC.0Iunderstandthatthisvariancerequestmaybedelayedinprocessingbyamonthormoreiftheinformationprovidedisincomplete,inaccurate,orsubmittedafterthedeadlinedate.Iunderstandthataresubmittalfeemaybechargedifmyapplicationisincomplete.TheCommunityDevelopmentDepartmentwillnotifytheapplicantinwritingofthedateonwhichtheapplicationisdeterminedtobecomplete.IgrantpermissionforTownofEstesParkEmployeesandMembersoftheBoardofAdjustmentwithproperidentificationaccesstomypropertyduringthereviewofthisapplication.IacknowledgethatIhavereceivedtheEstesParkBoardofAdjustmentVarianceApplicationScheduleandthatfailuretomeetthedeadlinesshownonsaidscheduleshallresultinmyapplicationortheapprovalofmyapplicationbecomingnullandvoid.Iunderstandthatfullfeeswillbechargedfortheresubmittalofanapplicationthathasbecomenullandvoid.0IunderstandthatIartirequiredtoobtaina“DevelopmentProposalUnderReview”signfromtheCommunityDevelopmentDepartmentandthatthissignmustbepostedonmypropertywhereitisclearlyvisiblefromtheroad.Iunderstandthatthecornersofmypropertyandtheproposedbuilding/structurecornersmustbefieldstaked.Iunderstandthatthesignmustbepostedandthestakingcompletednolaterthanten(10)businessdayspriortotheEstesParkBoardofAdjustmenthearing.IunderstandthatiftheBoardofAdjustmentapprovesmyrequest,‘Failureofanapplicanttoapplyforabuildingpermitandcommenceconstructionoractionwithregardtothevarianceapprovalwithinone(1)yearofreceivingapprovalofthevariancemayautomaticallyrenderthedecisionoftheBOAnullandvoid.”(EstesParkDevelopmentCodeSection3.6.D)Names:RecordOwnerPLEASEPRINT:/-4jroii-bESW4nl/JvEsT’te’)TcApplicantPLEASEPRINT:€R’nik((Oy)i‘)Signatures:Recordner___________________________________________Date7/5—Applicant____________________________________DateRevised2020.04.0)ks PAGE 1 OF 3 August 11, 2020 Community Development Department Town of Estes Park RE: Statement of Intent for 113 E. Elkhorn Ave Setback Variance To Whom it May Concern: Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Setback Variance Review on behalf of the owners of the property located at 113 E. Elkhorn Ave. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Valley Development Code. Please refer to the Site Plan submitted herewith for specific details regarding the proposed project. Project Information The subject property is located at 113 East Elkhorn Avenue with approximately 0.16 acres of land area. The parcel is previously developed for retail use with an existing commercial building on site. The property is zoned CD-Downtown Commercial per the Estes Valley Zoning District Maps. The proposed project involves constructing an addition on the south side of the building. The variance request is for a 0’ front setback on the west side of the proposed addition. Compliance with Standards for Review 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 and 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. PAGE 2 OF 3 Response: The subject property is located in a high-density commercial area where original platted building setbacks were overridden by re-zoning in the Estes Valley in the year 2000. Additionally the existing Plat does not reflect the existing configuration of roads, ROW and buildings in the area. The existing building is located over the current western property line. The requested variance will allow the applicant to construct an addition to the west, meeting the existing property line. The proposed addition does not impact any existing easements or public utilities. 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; Response: The variance allows the applicant to complete upgrades and maintenance to the existing building while maintaining the character of the downtown Estes Park. b. Whether the variance is substantial; Response: The variance requested is the minimum required to provide relief to the applicant. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment because of the variance; Response: The variance requested would not alter the existing character of the neighborhood as the architectural style of the proposed project is compatible with surrounding structures. Additionally, by granting this variance the applicant will be able to move forward in updating the ROW to reflect the current configuration of Town ROW and existing buildings. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; Response: No public utility services or easements are impacted by the proposed project. e. Whether the Applicant purchased the property with knowledge of the requirement; and Response: To my knowledge, the applicant was not aware of the proximity of the structure to the setback line. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Response: The requested variance is the minimum to provide relief for the proposed project. The variance is conditional on approval of the ROW vacation by the Town Board of Trustees. PAGE 3 OF 3 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. Response: Many properties in the neighborhood do share a similar configuration and layout of property lines and structures, although it is unlikely that the variance required for the circumstances of the property will result in formulation of a general regulation for such condition. 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. Response: The requested variance will not alter the size of any lot or result in an increase number of lots. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Response: The requested variance is the least deviation from the regulation that will afford relief. 6. 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. Response: The requested variance will not permit a use prohibited by the EVDC. 7. 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. Response: Acknowledged. We thank you for time and consideration of the requested setback variance. If there are any questions about the project or items discussed above, please do not hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC Fun-Wear Brands, Inc. August 25, 2020 P.O. Box 2800 Estes Park, CO 80517 TO: Town of Estes Park Planning Division Attn: Alex Bergeron 170 MacGregor Ave Estes Park, CO 80517 RE: 113 E. Elkhorn Avenue Development Proposal under review To Whom it May Concern: Thank you for your notice dated August 13, 2020 and inviting written comments for the record. We own nearby property to the North of subject review property, Lot 27 Block 10, Town of Estes Park. (See attached survey file). Our concern is regarding our property rights and the access coming off Bighorn Drive. The city access is not being used. Rather the cement apron “concrete pan” to the north, which path then crosses the South West corner of our lot. If our future includes building and or fencing our South and West lot line, the city access would have to be used. We believe your site review needs to take this into consideration. While studying this several weeks ago I drove a steel fence post in next to our lots south west corner pin (also the north west corner of the city access). Within a day, it was found broken off at ground level. Upon trying to relocate the survey pin today it was not found. I looked for the city access south west pin and could not find it either. Then, looking at the steaks for the Proposed Tap House on the west property line, it seems that, extending that line, caused inconstancies in distances on the surveys from the city access pins to the cement “concrete pan”. Rather than approximately 18.5’ from the concrete pan south east corner, it is much less. Subject property has a fence in and across the city access ROW (Right of Way), with ”No Parking” signs on it. (See attached photos). The city access is being used by subject property for their personal parking. The city access is currently 15.5’ wide and should remain as an attainable access if needed. It should not be further encumbered. Sincerely Yours, Ernest J. Petrocine CEO Fun-Wear Brands Inc. 970-232-829*0 Epetrocine@gmail.com DBA’s Rocky Mountain Connection Outdoor World APPLICANT REQUEST FOR ELECTRONIC PUBLIC HEARING AND INDEMNIFICATION AND WAIVER OF RIGHTS PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A VOLUNTARY RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. I, ____________________________________ (Applicant), ______________________________________ (Address), County of ________________, State of ___________________, request that any public hearing(s) in the matter of _____________________________________ before any body of the Town of Estes Park, Colorado Town be conducted electronically pursuant to the Town Emergency Rule 06-20, and, in consideration for such, I agree and declare as follows. CONSENT:I acknowledge the purpose of this form is to secure my legally binding consent to have one or more quasi- judicial public hearings in the above-referenced matter(s) conducted electronically pursuant to Emergency Rule 06-20, and not in-person, and all that entails, and to waive legal rights of review, appeal, or protest relating to or arising from the electronic manner in which the hearing is conducted. I understand this consent is voluntary and is not required because the underlying public hearing could otherwise occur in person at a later date but for my request to have the hearing(s) conducted by electronic means. I have been provided with a copy of Emergency Rule 06-20, as approved on May 8, 2020. I acknowledge and understand that holding and conducting a quasi-judicial public hearing by electronic means presents legal risks and involves an area of legal uncertainty, known and unknown, and not capable of being known at this time. With this knowledge and understanding, I request and consent to the Hearing by electronic means. ASSUMPTION OF RISK:I assume all risk of conducting the quasi-judicial hearing by electronic means. Such risk may include, but is not limited to, challenges, actions, protests, or appeals, of any kind whatsoever, to the operation or result of the Hearing based on the use of electronic means to conduct the hearing, and any delay and associated costs that may result from acting on the outcome of the Hearing due to a potential challenge, action, protest, or appeal. WAIVER AND RELEASE:In consideration for the Town and any related board, commission, or other body, and any Town officials, appointees and employees, and any of their successors and assigns agreeing to conduct the Hearing by electronic means, and thereby avoiding delay, I VOLUNTARILY AND KNOWINGLY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY ALLEGED OR ACTUAL DEFICIENCY IN THE CONDUCT OF THE HEARING RELATING TO OR ARISING FROM THE USE OF ELECTRONIC MEANS TO CONDUCT THE HEARING AND ANY PROCEDURE AUTHORIZED OR CONTEMPLATED BY EMERGENCY RULE 06-20, INCLUDING CANCELLATION OF THE HEARING.This release and discharge shall be effective against the Applicant and its heirs, successors, assigns, receivers, and agents. AGREMENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS:In consideration for the Town agreeing to conduct the Hearing by electronic means, and thereby avoiding delay, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties, collectively or individually, in any action, and from and against any claims whatsoever, including claims for damages and awards of damages and attorneys fees, arising from or in connection with any alleged deficiency in the conduct of the hearing as a result of the use of electronic means to conduct the hearing. This release and discharge shall be effective against the Applicant and its heirs, successors, assigns, and receivers. PRESENTATION IS A COMPLETE DEFENSE:Ifanyclaim released herein is madeagainst any of the Released Parties by the Applicant or any of its heirs, successors, assigns, and receivers, presentation of this form constitutes a complete and affirmative defense to said claim; and further, I agree that a court of competent jurisdiction shall dismiss said claim with prejudice. I have read, understand, and agree to all terms, conditions, and acknowledgements set forth herein and sign the same knowingly and voluntarily. I have authority to execute this for the Applicant. Applicant Name: Applicant Signature: Date: __________________ Name & Title: _______________________________________ (if the Applicant is not an individual) 1191 Woodstock Drive, Estes Park Larimer Colorado 113 E Elkhorn Setback Variance 8-27-2020 David Bangs, Principal Engineer Trail Ridge Consulting Engineers, LLC Trail Ridge Consulting Engineers, LLC NOTICE On Tuesday, September 1, 2020, at 9:00 a.m., a virtual meeting will be held by the Estes Park Board of Adjustment to consider an application for a setback variance for the property and purpose described below. Legal Description: LOT 16A, AMD LOTS 15, 16 & 17, BLK 2, 2ND AMD BLK 2, EP Type and Intensity of Use: Applicant requests approval of a variance to allow for a zero-foot setback on the Big Horn Drive frontage. The reason for the request relates to the existing building currently encroaching eight feet into the Town’s right-of-way (ROW). The variance would also allow an addition to the building to be built along the property line for the purpose of constructing a tap room. The variance is conditional on ROW vacation by the Town Board of Trustees for the existing building encroachment. Owner/Applicant: B. Wade Investments, LLC/Trail Ridge Consulting Engineers. For more information, please visit www.estes.org/currentapplications or contact the Community Development Department at planning@estes.org or 970-577-3721. Please run ad on August 14, 2020 8/24/2020 CURRENT PROJECTS Submittal Date Application Type Project Name Location Recomm ending/ Decision Making Bodies Next Proposed Meeting Date Ex-Parte Prohibited Staff 1/15/2020 Development Plan Birds Nest 1221 High Drive staff JW 4/20/2020 Development Plan Carriage House 333 E Wonderview TRC 24-Aug yes RH 7/1/2020 Code Amendment Amended Plat/BLA review PC 15-Sep JW 7/15/2020 Development Plan Max Storage TBD Moutain View Ct PC 20-Oct yes AB 7/15/2020 Amended Condo Map EP Resort 1700 Big Thompson Ave PC 15-Sep JW 7/15/2020 Variance Lumpy Ridge Tap Room 113 E Elkhorn BOA 1-Sep yes AB 8/3/2020 Code Amendment Parking Regulations *discussion only PC 15-Sep JW 8/3/2020 Code Amendment Downtown Building Height *discussion only PC 15-Sep RH 8/4/2020 Minor Subdivision Habitat for Humanity 1730 Raven Ave PC 20-Oct yes AB 8/13/2020 Variance Bird and Jim 915 Moraine Ave BOA 6-Oct yes JW key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment staff: JW-Jeff Woeber RH-Randy Hunt AB-Alex Bergeron TRC-Technical Review Committee AA-Ayres Associates (consultants) *Scheduled Neighborhood Meetings:Meeting Location Date