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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2021-10-05BOARD OF ADJUSTMENT – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, October 5, 2021 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. Please click the link below to join the webinar: Webinar ID: 830 0498 5747 Or Join by Telephone: 1.Dial US: +1-877-853-5257 (toll-free) 2.Enter Webinar ID: 830 0498 5747 followed by # The meeting will also be live-streamed on the Town’s Youtube Channel and will be recorded and posted to YouTube and www.estes.org/videos within 48 hours. Public Comment When the moderator opens up the public comment period for an agenda item, attendees wishing to speak shall: 1. Click the “Raise Hand” button, if joining online on the Zoom client, or 2. Press *9 and follow the prompts, if joining by telephone. 3. If you are watching live on YouTube, please call the number listed above, and mute your computer audio for the duration of your remarks. Once you are announced, please state your name and address for the record. In order to participate online via Zoom, you must: •Have an internet-enabled smartphone, laptop or computer. •Using earphones with a microphone will greatly improve your audio experience. 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 September 28, 2021 1 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, October 5, 2021 9:00 a.m. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1. Board of Adjustment Minutes dated March 3, 2021 2. Updated Bylaws ACTION ITEMS: 1. Variance Request: Lot 2A, Ward Minor Subdivision Planner Bergeron Applicant requests approval of a variance to allow 50-foot lot widths for four of five future lots on the subject property, which is to be further subdivided, in place of the standard 60- foot width of the RM zone district REPORTS AND DISCUSSION ITEMS: 1. Comprehensive Plan ADJOURN Prepared 09/28/2021 2 3 Town of Estes Park, Larimer County, Colorado, March 2, 2021 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 this 2 day of March 2021. Committee: Chair Jeff Moreau, Vice-Chair, Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Randy Hunt, Planner II Alex Bergeron, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Chair Moreau called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Newsom/Holzman) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The motion passed 3-0. ELECTION OF OFFICERS Vice-Chair Newsom recommended Member Holtzman be Chair. Member Holtman declined. Vice-Chair Newsom agreed to be Chair, and Chair Moreau agreed to be Vice- Chair. These changes will take place at the next scheduled meeting. It was moved and seconded (Moreau/Holtzman) to approve the change of officers. The motion passed 3-0. VARIANCE REQUEST, Fall River Estates Lot 2, Block 2 Planner II Alex Bergeron Planner Bergeron reviewed the staff report. He explained that to mitigate perceived development challenges related to slope, the applicant proposes to build their home at the upper portion of the lot, partially within the codified minimum setbacks. To achieve their vision for development, the applicant seeks a variance to reduce the front setback to 15 feet from the required 25 feet and reduce the side setback to 10 feet from the required 25 feet. Staff recommended denial of the lot's variance request, which is out of character with general development trends in this area where hardship was not evidenced given that the home of a size similar to those in the area could fit on the lot within the setbacks (and no alternative design was considered), for which no public support was found, and in consideration of comments provided by staff in other departments. APPLICANT RESPONSE: draft4 Board of Adjustment, March 2 , 2021 – Page 2 Todd Wilderman, Project Designer, explained the slope of the building site and why they chose the location and design. His opinion was that the upper half of the lot is the most appropriate place for building the house. The steepness of the driveway was a significant factor and the main reason for the variance request. The 17-foot front setback variance allows for a reduction of approximately a four-foot vertical drop to the garage. David Bangs, Project Engineer, emphasized that safety was taken into account for the homeowners. Driveway access on nine properties in this subdivision have similar access where this condition occurs. In designing this, the plan is to mitigate the driveway turn slope, keeping the straight parts of the driveway steeper. Jennifer Waters, Public Works Engineer, expressed concerns about the driveway being in the right-of-way and in front of the neighboring property. A Revocable Encroachment Permit for a retaining wall and a waiver for driveway slope will be required to build a driveway in the right-of-way. Her opinion was that this design does not honor the spirit of the Code as it relates to steep slopes, and perhaps a differently designed home would be appropriate for this site. PUBLIC COMMENT: none BOARD DISCUSSION: A question was raised about the setbacks when the subdivision was platted in 1972. This could answer why there are so many nonconforming homes in this subdivision. The neighboring house, at 150 feet away, allows for three times the required separation. Chair Moreau stated that he thought the design was acceptable for the lot, and a smaller home running down the slope could create further hardship and difficulties. Having built multiple houses in this subdivision, on steep slopes, he feels that good knowledge of building practices was used in this design process, and this house plan was the best alternative to build on this lot. The neighboring lot is 100+ feet away, and the west side is a vacant lot. He recommended approval of the variance. For the sake of clarity, he noted that the owners are required to have a setback certificate from a registered land surveyor verifying that the location is no greater than the variance being approved. Vice-Chair Newsom stated that he initially thought that the house should be redesigned to fit the lot. After hearing the applicant's presentation, he now understands the challenges that had to be overcome. He also noted that there was no detriment to the neighbors. Member Holtzman agreed with Moreau and Newsom. It was moved and seconded (Moreau/Holtzman) to approve the variance request as written with the requirement of a setback certificate from a registered land surveyor. Director Hunt asked for findings to be stated as part of the motion to approve, suggesting the wording used in the Board's discussion. Chair Moreau agreed with the suggestion; however, specific language intended to accompany the motion was unclear. He recommended approval of the request submitted by David Bangs, and Holtzman again seconded the motion. The motion passed 3-0. draft5 Board of Adjustment, March 2 , 2021 – Page 3 REPORTS Director Hunt discussed the Comprehensive Plan rewrite process. Eight proposals were received from Consulting firms seeking to assist with this. The Selection Committee will decide on the Consultant, and the Town Board will review and hopefully approve a contract in April. The Board of Adjustment will be kept informed, and input and comments will be welcome. Vice-Chair Newsom expressed opposition to increasing density in residential areas and increasing building height. Jeff Moreau, Chair Karin Swanlund, Recording Secretary draft6 7 ESTES PARK BOARD OF ADJUSTMENT BYLAWS [DRAFT 10/2021] I. ROLE The Estes Park Board of Adjustment (EPBOA) is established under section 2.1(D) of the Estes Park Development Code. The EPBOA exercises the authority given to it by the Town Board of Trustees as outlined below: 1. Perform all of the duties and responsibilities of a municipal board of adjustment pursuant to Colorado law; and 2. Perform all of the duties and responsibilities of the EPBOA as described in the Estes Park Development Code. Chair in the remainder of this document will refer to the Chair of EPBOA. II. MEETINGS A. Regular Meetings. Shall be held the first Tuesday of each month, with additional meetings scheduled as needed. Regular meetings shall occur at 9:00 AM. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B. Special Meetings. May be held at any time upon call by the Chair or the Community Development Director as needed. Notice of at least three (3) calendar days shall be given to each member of the EPBOA. The time, place, and purpose of the special meeting shall be specified in the notice to the EPBOA members. Should a special meeting be scheduled, notification must be provided to the EPBOA Secretary in an effort to adequately notify the public in accordance with the State of Colorado Open Meetings Law Section 24-6-402(2)(c) C.R.S. C. Cancellation of Meetings. Regularly scheduled meetings of the EPBOA may be cancelled or rescheduled upon determination by the Chair. Any cancelled meeting requires notification to the EPBOA Secretary in an effort to adequately notify the public. D. Meeting Procedures. Chair shall preside in accordance with generally accepted norms for the conduct of parliamentary procedure. The EPBOA may overturn a parliamentary determination of the Chair by majority vote. Robert’s Rules of Order may be considered as a parliamentary guide. E. Open Meetings. All meetings and action of the EPBOA shall be in full compliance with state statutes governing open meetings, as amended and incorporated 8 herein by reference. It is the responsibility of the assigned staff member of Community Development to be familiar with these statutes and regulations. F. Attendance by Non-members. Meetings may be attended by persons who are not members of the EPBOA. At the discretion of the Chair, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A. Membership. The Board consists of three (3) voting members, as provided in the Development Code. Appointments of members shall be made by the Town Board in accordance with Policy 102. B. Terms. Members shall be appointed to a 3-year term. The terms of the members shall be staggered so that the terms of an equal number of the members, or as equal a number as possible, expire on the last day of March each year. There are no term limitations, and members may be reappointed by the Town Board in accordance with Policy 102. C. Vacancies. Vacant positions shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D. Quorum. A quorum for transaction of business of the EPBOA shall consist of 2 members of the EPBOA. This is the minimum number of members required to be present to open a meeting and conduct business. E. Action. Any action by the EPBOA shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided by law or ordinance. A tie vote shall constitute failure of the motion on the floor. F. Town Board Liaison. The Town Board may appoint one of its members as a liaison to the EPBOA, who shall receive copies of all notices, documents, and records of proceedings of the EPBOA which any member would also receive. IV. OFFICERS A. Officers. There shall be a Chair and a Vice Chair for the EPBOA. B. Elections. Officers shall be elected by the members annually, at the first regularly scheduled meeting in April of each year. Officers shall be members of the EPBOA. Notification of who is elected Chair and Vice Chair will be sent to the Town Clerk. 9 C. Chair Responsibilities: 1. Preside at all meetings 2. Ensure that all meetings are conducted with decorum and efficiency 3. Call special meetings in accordance with the bylaws 4. Authority to cancel a meeting 5. Sign any documents prepared by the EPBOA for submission to the Town Board or town departments 6. Represent the EPBOA in dealings with the Town Board or other organizations 7. The Chair has the same right as any other member of the Board to vote on matters before the EPBOA, to move or second a motion, and to speak for or against proposals D. Vice-Chair Responsibilities: 1. Assist the Chair as requested 2. Accept and undertake duties delegated by the Chair 3. Preside over meetings or perform other duties of the Chair in the event the Chair is absent or unable to act E. Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting, the EPBOA may elect a voting member to serve as Chair for the duration of that meeting. V. STAFF ROLE Assigned staff member for Community Development is responsible for proper notification of meeting, preparation and distribution of agenda, assembly of packet and taking minutes for all meetings. VI. ATTENDANCE Regular attendance by the members of the EPBOA is expected. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town Board may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. VII. GENERAL PROVISIONS Recommendations for amendments to these bylaws may be adopted at any regular or special meeting of the EPBOA by a majority of the membership of the EPBOA provided that notice of such possible amendments is given to all members at least 5 days prior to the meeting at which action is to be taken. Any amendments shall be subject to approval by the Town Board. 10 VIII. COMPLIANCE WITH TOWN POLICIES A. In addition to these bylaws, the EPBOA shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102, as amended. The terms of this policy are incorporated into these bylaws by this reference. A copy of the policy, along with these bylaws, shall be provided to each member at the time of their appointment. B. Failure to comply with applicable Town policies may be grounds for an official reprimand or censure by the EPBOA and/or a recommendation to the Town Board for removal. IX. CONFLICT OF INTEREST: All members of the EPBOA are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41). At the time of introduction of an individual item on the EPBOA agenda in which the member has a conflict of interest, the member shall state that he or she has a conflict of interest and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the EPBOA at any time with regard to said matter. Adopted this ___ day of ______________, 2021 ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor APPROVED AS TO FORM: ____________________________ Town Attorney 11 12 COMMUNITY DEVELOPMENT Memo To: Through: From: Date: RE: Chair Wayne Newsom Estes Park Board of Adjustment (BOA) Community Development Director Jessica Garner, AICP Alex Bergeron, Planner II October 5, 2021 Lot Width Variance for Habitat on Raven Project Objective: Conduct a public hearing to consider and make a decision on a request for a variance to Estes Park Development Code (EPDC) Table 4-2 to permit a lot width of 50’ in place of the standard 60’ lot width. Location: Parcel 2520316002, legally described as Lot 2A, WARD MINOR SUB, EP and hereinafter referred to as “the Property.” Present Situation: The Property as defined above (see also Attachment 1: Vicinity Map), is a vacant lot located in the RM (Residential-Multifamily) zone district which is 0.82 acres in size and was created less than 12 months ago. The lot was created as part of the Ward Minor Subdivision in anticipation of further subdividing the Property for the purpose of Workforce Housing development by Habitat for Humanity of the St. Vrain Valley, Inc. (Applicant). Proposal: The Applicant seeks a 10’ variance to the minimum lot width standard for the RM (Residential-Multifamily) zone district to permit the subdivision of the Property into five lots, four of which are 50’ wide and one which is 100’ wide and features a 50’ drainage easement. The request is rooted in site challenges related to drainage and the existing location of a sewer main; the costs of remedying would be very burdensome to the non-profit entity (see also Attachment 3: Statement of Intent and Attachment 4: Proposed Site Plan). 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: 13 §3.6.C.1: Special circumstances or conditions exist. Affirmative. If not for the challenges related to the existing placement of infrastructure, the variance would likely not be necessary. §3.6.C.2(a): Whether there can be any beneficial use of the property without the variance. Affirmative. The property could be used for the proposed type of development, but to a lesser extent. §3.6.C.2(b): Whether the variance is substantial. Negative. The 10’ lot width represents a 17% deviation from the 60’ standard. §3.6.C.2(c): Alteration to neighborhood character/local detriment. Negative. The closer positioning of structures by approximately five feet on each side, on average, is not out of character with the intent of the RM (Residential-Multifamily) zone district. §3.6.C.2(d): Adverse effect on the delivery of public services such as water and sewer. Negative. The Property is adequately served, or is positioned to be adequately served, by public services. §3.6.C.2(e): Whether the Applicant purchased the property with knowledge of the requirement. Affirmative. The Applicant was generally aware of the infrastructure positioning, but did not anticipate the severity of the challenges the easement location presents. §3.6.C.2(f): Whether the Applicant's predicament can be mitigated through some method other than a variance. Affirmative. The predicament could be remedied by relocation efforts. However, these efforts would come at a considerable cost to the Applicant, as it is not desirable to pass the costs on to the future homebuyers given the affordable housing nature of the product. It may be desirable to avoid such expense of finances and time in the spirit of addressing the local housing shortage. §3.6.C.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. Affirmative. The issues are site specific. §3.6.C.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. Affirmative. The number of units to be developed remains the same, as would be afforded by the variance being granted. §3.6.C.5: Variance shall represent the least deviation from the regulations that will afford relief. Affirmative. The proposed lot widths allow for the same number of units and the required drainage to serve them. §3.6.C.6: No variance for non-permitted use. Affirmative. Single-family dwellings are a permitted use in the RM (Residential-Multifamily) zone district. §3.6.C.7: BOA may grant conditions to ensure objectives are met. Acknowledged. 14 Reviewing Agency Comments: This request has been routed to reviewing agency staff for review and comment. Comments received indicated no objection to the request, and one comment (from Public Works) reminded the applicant of the need for a sidewalk along Raven Avenue, which was a condition of approval for the minor subdivision which created the Property (see Attachment 5: Agency Review Comments). Public Notice: A legal notice was published in Estes Park Trail-Gazette on September 17, 2021, and a “Development Proposal Under Review” sign was posted at the site on the same date. Adjacent property owners received mailed notice of the proposal. Advantages: • Approval of the variance will allow development of one critical additional affordable housing unit in Estes Park, compared to the four units which would be constructed if the variance request were denied. Disadvantages: • Approval of the variance to benefit the non-profit entity could be considered special treatment of the same if a private property owner or a for-profit developer were to seek the same variance, but were denied given the preexisting knowledge of the infrastructure location. Action Recommended: Staff recommends APPROVAL of the variance request. Finance/Resource Impact: N/A Level of Public Interest: Low. To date, no public comments have been received on this proposal. Sample Motion: I move that the Board of Adjustment APPROVE the variance request, in accordance with the findings as presented. I move that the Board of Adjustment deny the variance, finding that [state findings for denial]. I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Vicinity Map 2. Application Form 3. Statement of Intent 15 4. Proposed Site Plan 5. Agency Review Comments 16 17 18 19 20 21 STATEMENT OF INTENT HABITAT FOR HUMANITY VARIANCE REQUEST August 17, 2021 Variance Request for Lot 2A, Ward Minor Subdivision, parcel #2520316002, Located in the Southwest ¼ of Section 20, Township 5 North, Range 72 West of the 6 th P.M., Town of Estes Park, County of Larimer, State of Colorado. We are requesting a 10’ variance to the 60’ minimum lot width on Table 4-2 in the RM zoning for this parcel with the ultimate goal to provide sorely needed Workforce Housing in Estes Park. The existing topography and utilities on the property constrain the developability of this parcel and make it rather costly to optimize the number of units Habitat for Humanity can build. The original plan for this property was to develop 5 lots at 60’ wide. The property is 300 feet long, so 5 lots would fit on the property and meet the code. In order to fit these 5 lots we would have to move the sewer main and the drainage channel to the east end of the property. It turned out, the complications of the drainage was very difficult to design due to grades along the south and east side. In addition, the future drainage detention requirements add more complications and becomes rather costly to do so in the small amount of area along the south line. We planned to do the drainage detention along the southern 20’ of the entire property, however, directing the drainage along the south side then along the east side were not conducive to this plan. The sewer main is possible to move but would be rather costly for Habitat for Humanity to move. After further analysis, it is easier to make the drainage work by creating (4) 50’ wide lots with the easternmost lot width at 100’ to accommodate a 50’ drainage easement on the east side of the property for the future drainage detention area. With this design, we would not need to move the sewer main and keep the existing drainage path. We have provided a potential footprint to show that the building plans can fit within the setbacks of a 50’ wide lot. These plans are from past Habitat housing projects, however they may vary slightly when the building design is finalized for this project. The existing Lot 2A can easily be served by all major utilities. A sewer main runs in Raven Ave as well as across the east portion of the property. Water service exists in Raven Ave. Power service also exists on Raven Ave. Access to the five proposed lots would come off Raven Ave. There is an existing storm drainage across the south portion that we plan to pass through. With the additional drainage area on the east portion of the property, we can create our own detention pond for this development. A wetland study was done by Van Horn Engineering in 2009 and has determined that there are no wetlands present on the property. Dense vegetation exists in the southeast of the property due to the concentration of storm drainage across this section of the property, however they don’t contain all the qualities of a wetland. The property does not lie within a Mapped Estes Valley hazard area. 22 In determining Practical Difficulty, the Board of Adjustment shall consider the following factors: A. Whether there can be any beneficial use of the property without the variance; There can be beneficial use of the property by spending the money to move the sewer and the drainage, however this variance would provide more beneficial use to the community in this time of needed workforce housing by providing more units at a cheaper cost. B. Whether the variance is substantial; The variance amounts to a 16.7% variance which is not 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; The variance would not change the number of units we could develop on this property, so we don’t believe it would affect the character of the neighborhood. There is a hotel to the south, condominium units to the west and duplex housing to the north. It is an appropriate density for this area. D. Whether the variance would adversely affect the delivery of public services such as water and sewer; The Variance would not affect the delivery of utilities. In fact it would simplify the delivery because we would not have to move the sewer main. E. Whether the Applicant purchased the property with knowledge of the requirement; The applicant did purchase the property with the knowledge of the difficulties, but thought they were easier to overcome. It turns out the grades are not very conducive to providing effective drainage and the costs of replacing sewer mains are rather prohibitive to Habitat for Humanity or to anyone looking to serve income levels at 40-60% Area Median Income with homeownership opportunities. F. Whether the Applicant's predicament can be mitigated through some method other than a variance. The predicament can be solved, but not without excessive costs that can not be passed on to potential homeowners or the loss of a unit. Habitat would like to provide as many units as possible given the extreme need in the area. Thank you for your consideration of this variance request, Sincerely, David Emerson on behalf of Habitat for Humanity Joe Coop on behalf of Van Horn Engineering 23 24 9/9/21, 8:29 AM Town of Estes Park Mail - Referral for Comment: Habitat Variance https://mail.google.com/mail/u/0?ik=f7fd0cc745&view=pt&search=all&permthid=thread-f%3A1708472673919383777&simpl=msg-f%3A170847267391…1/3 Alex Bergeron <abergeron@estes.org> Referral for Comment: Habitat Variance 5 messages Town of Estes Park - Planning Division <planning@estes.org>Wed, Aug 18, 2021 at 4:41 PM To: "Planning@estes.org" <planning@estes.org>, Joe Coop <joe@vanhornengineering.com>, Jennifer Waters <jwaters@estes.org>, Gary Rusu <grusu@estes.org>, Building commdev <building@estes.org>, Public Works <publicworks@estes.org>, David Hook <dhook@estes.org>, Shane Krell <skrell@estes.org>, Steven Rusch <srusch@estes.org>, Reuben Bergsten <rbergsten@estes.org>, Karla Sterling <ksterling@estes.org>, Greg Muhonen <gmuhonen@estes.org>, Sheryl Ponzer <sheryl@utsd.org>, Matt Allen <matt@utsd.org>, ksullivan@estesvalleyfire.org, prevention@estesvalleyfire.org, Joe Lockhart <jlockhart@estes.org>, Vanessa Solesbee <vsolesbee@estes.org>, Chris Bieker <chris@utsd.org>, Secretary@utsd.org, Tyler Boles <tboles@estes.org> ATTN: REVIEW AGENCIES The Town of Estes Park Community Development Department has accepted the below referenced application as complete for review. ALL COMMENTS DUE 5:00PM ON FRIDAY, SEPTEMBER 3, 2021. PLEASE "REPLY ALL" WITH YOUR COMMENTS. IF NO COMMENTS ARE RECEIVED BY A REVIEWING AGENCY BY THE DEADLINE, STAFF WILL CONSIDER THE OMISSION AN APPROVAL OF THE APPLICABLE APPLICATION ELEMENTS. PROJECT NAME, TYPE, & LOCATION Name: Habitat on Raven Type: Variance Request Legal Description: LOT 2A, WARD MINOR SUB, ESTES PARK Project Description Summary: Proposed 10' variance to the 60' minimum lot width for RM zoning at Lot 2A of the Ward Minor Subdivision. This proposal would help to alleviate constraints on the development of the property due to existing topography and utilities. CONTACT INFORMATION: Applicant Representative: Joe Coop, Van Horn Engineering & Surveying, INC: joe@vanhornengineering.com Planner: Alex Bergeron: abergeron@estes.org Application materials are attached. -- Community Development Department Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-3721 970-586-0249 - fax planning@estes.org 4 attachments APPLICATION Habitat Variance Signed 2021-08-18.pdf 1593K STATEMENT of Intent Habitat Variance 2021--8-18.pdf 347K 25 9/9/21, 8:29 AM Town of Estes Park Mail - Referral for Comment: Habitat Variance https://mail.google.com/mail/u/0?ik=f7fd0cc745&view=pt&search=all&permthid=thread-f%3A1708472673919383777&simpl=msg-f%3A170847267391…2/3 SITE PLAN Habitat Variance 2021-08-18.pdf 219K DOCUMENT Habitat Variance Sample House Design 2021-08-18.pdf 548K Gary Rusu <grusu@estes.org>Thu, Aug 19, 2021 at 7:30 AM To: Town of Estes Park - Planning Division <planning@estes.org> Cc: Joe Coop <joe@vanhornengineering.com>, Jennifer Waters <jwaters@estes.org>, Building commdev <building@estes.org>, Public Works <publicworks@estes.org>, David Hook <dhook@estes.org>, Shane Krell <skrell@estes.org>, Steven Rusch <srusch@estes.org>, Reuben Bergsten <rbergsten@estes.org>, Karla Sterling <ksterling@estes.org>, Greg Muhonen <gmuhonen@estes.org>, Sheryl Ponzer <sheryl@utsd.org>, Matt Allen <matt@utsd.org>, Kevin Sullivan <ksullivan@estesvalleyfire.org>, Prevention <prevention@estesvalleyfire.org>, Joe Lockhart <jlockhart@estes.org>, Vanessa Solesbee <vsolesbee@estes.org>, Chris Bieker <chris@utsd.org>, Secretary@utsd.org, Tyler Boles <tboles@estes.org> Building has no issues [Quoted text hidden] -- ----- Gary Rusu Chief Building Official Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 970-577-3728 email: grusu@estes.org Steven Rusch <srusch@estes.org>Thu, Aug 26, 2021 at 12:10 PM To: Town of Estes Park - Planning Division <planning@estes.org> Cc: Joe Coop <joe@vanhornengineering.com>, Gary Rusu <grusu@estes.org>, Building commdev <building@estes.org>, Shane Krell <skrell@estes.org>, Reuben Bergsten <rbergsten@estes.org>, Kevin Sullivan <ksullivan@estesvalleyfire.org>, Prevention <prevention@estesvalleyfire.org>, Joe Lockhart <jlockhart@estes.org>, Tyler Boles <tboles@estes.org>, Adam Edwards <aedwards@estes.org>, Jason Lang <jlang@estes.org>, Chris Eshelman <ceshelman@estes.org> The Town of Estes Park Utilities Department has no objection to this proposed Variance. Best, Steve Rusch Utilities Coordinator. Town of Estes Park 170 MacGregor Ave. PO Box 1200. Estes Park, CO 80517 Direct: 970.577.3625 Mobile: 970.481.8417 On Wed, Aug 18, 2021 at 4:41 PM Town of Estes Park - Planning Division <planning@estes.org> wrote: [Quoted text hidden] Alex Bergeron <abergeron@estes.org>Tue, Aug 31, 2021 at 4:30 PM To: Steven Rusch <srusch@estes.org> Cc: Town of Estes Park - Planning Division <planning@estes.org>, Joe Coop <joe@vanhornengineering.com>, Gary Rusu <grusu@estes.org>, Building commdev <building@estes.org>, Shane Krell <skrell@estes.org>, Reuben Bergsten <rbergsten@estes.org>, Kevin Sullivan <ksullivan@estesvalleyfire.org>, Prevention <prevention@estesvalleyfire.org>, Joe Lockhart <jlockhart@estes.org>, Tyler Boles <tboles@estes.org>, Adam Edwards <aedwards@estes.org>, Jason Lang <jlang@estes.org>, Chris Eshelman <ceshelman@estes.org> No objections from the Planning Division. All seems to check out and Planning staff is prepared to recommend approval of the variance request. - Alex Bergeron 26 9/9/21, 8:29 AM Town of Estes Park Mail - Referral for Comment: Habitat Variance https://mail.google.com/mail/u/0?ik=f7fd0cc745&view=pt&search=all&permthid=thread-f%3A1708472673919383777&simpl=msg-f%3A170847267391…3/3 Planner II Community Development Department Town of Estes Park 970-577-3729 [Quoted text hidden] Jennifer Waters <jwaters@estes.org>Thu, Sep 2, 2021 at 12:10 PM To: Town of Estes Park - Planning Division <planning@estes.org> Cc: David Hook <dhook@estes.org>, Steven Rusch <srusch@estes.org>, Vanessa Solesbee <vsolesbee@estes.org>, Building commdev <building@estes.org> Good afternoon, Public Works finds that the variance application for the 10' decrease in lot width is acceptable. This request does not affect the established requirement that the developer construct a public sidewalk along the Raven Ave frontage in accordance with approval of the subdivision and development plan. Jennifer Waters, EIT, CFM Public Works Department Development Review & Floodplain Administrator 970-577-3740 (o) 806-674-6654 (m) On Wed, Aug 18, 2021 at 4:41 PM Town of Estes Park - Planning Division <planning@estes.org> wrote: [Quoted text hidden] 27 28 NOTICE On Tuesday, October 5, 2021, at 9:00 a.m., a virtual meeting will be held by the Estes Park Board of Adjustment to consider an application for a lot width variance for the property and purpose described below. Legal Description: Lot 2A, WARD MINOR SUB, EP Type and Intensity of Use: Applicant requests approval of a variance to allow 50-foot lot widths for four of five future lots on the subject property, which is to be further subdivided, in place of the standard 60- foot width of the RM zone district. The request seeks to relieve owner and future developer, Habitat for Humanity, of challenges related to slope and utility configuration. Owner & Applicant/Applicant Rep.: Habitat for Humanity/Van Horn Engineering. For more information, please visit www.estes.org/currentapplications or contact the Community Development Department at planning@estes.org or 970-577-3721. 29 ESTES FORWARD 30