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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2022-04-05BOARD OF ADJUSTMENT – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, April 5, 2022 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: https://us06web.zoom.us/j/81054816292 Or Join by Telephone: 1.Dial US: +1-877-853-5257 (toll-free) 2.Enter Webinar ID: 81054816292 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. March 30, 2022 Page 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, April 5, 2022 9:00 a.m. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1.Board of Adjustment Minutes dated February 1, 2022 ACTION ITEMS: 1.Variance Request: 460 Valley Road Planner II Bergeron The Applicant seeks a setback of two feet, in lieu of the 25 foot minimum required for the E-1, Estate Zoning District. 2.Variance Request: 1040 Big Thompson Avenue Senior Planner Woeber The applicant seeks a variance to the number of accommodation units allowed, from 46 to 50. REPORTS AND DISCUSSION ITEMS: 1.Re-appointment of Members Newsom and Holtzman 2.Board Elections – tabled to next meeting 3.Discuss return to In-Person meetings 4.Comprehensive Plan Update ADJOURN Prepared 3/30/22 Page 2 Page 3 Town of Estes Park, Larimer County, Colorado, February 1, 2022 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 1 day of Februray 2022. Committee: Chair Wayne Newsom, Vice-Chair Jeff Moreau, Board Member Joe Holtzman Attending: Chair Newsom, Vice-Chair Moreau, Board Member Holtzman, Community Development Director Jessica Garner, Senior Planner Woeber, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Chair Newsom called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Holzman/Newsom) to approve the agenda. The motion passed 2-0. Moreau was unavailable. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 2-0. Moreau was unavailable. VARIANCE REQUEST 375 Prospector Lane Senior Planner Jeff Woeber Planner Woeber reviewed the staff report. This request seeks a variance to allow a 15- foot side setback on the eastern property line in place of the 25-foot minimum required in the E-1 (Estate) Zoning District. The applicant is proposing the construction of a detached garage. JR Davis, the owner/applicant, explained that the proposed location is the only place that makes sense for this garage addition. He is planning an extensive remodel on the house, and once the town approves this variance, he will follow up with the Home Owners Association. DISCUSSION: none PUBLIC COMMENT: none It was moved and seconded (Moreau/Holtzman) to approve the variance request as written. The motion passed 3-0. REPORTS dra f t Page 4 Board of Adjustment, February 1 , 2022 – Page 2 Director Garner discussed the Comprehensive Plan update process. The committee meets every two weeks, and things are progressing as planned. All documents, meetings and handouts are available at engageestes.org. There will be an update at the February 8 Town Board study session. Packet materials for the unique variance request coming to the Board in March will be distributed as early as possible. Please feel free to call Director Garner or Planner Woeber with any questions prior to the meeting. Board elections will take place at the April meeting. As their terms expire on March 31, Members Newsom and Holtzman will need to reapply for the Board. There being no further business, Chair Newsom adjourned the meeting at 9:20 a.m. Wayne Newsom, Chair Karin Swanlund, Recording Secretary dra f t Page 5 Page 6 COMMUNITY DEVELOPMENT Memo To: Chair Wayne Newsom Estes Park Board of Adjustment (BOA) Through: Jessica Garner, AICP, Community Development Director From: Alex Bergeron, Planner II Date: April 5, 2022 Application: Variance Request 460 Valley Road Stanton and Mary Peterson, Owners/Applicants Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the staff report. Objective: The applicant requests a variance to Table 4-2 of the Estes Park Development Code (EPDC) to permit a two-foot (2’) setback in place of the required 25’ front setback on the north property line. Location: 460 Valley Road, which Parcel 3523400037, legally described as “COM AT PT 556 FT N, 1000 FT W OF SE COR 23-5-73, S 128 FT, W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM AT PT 556 FT N, 1000 FT W OF SE COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N 89 49' E TPOB” and hereinafter referred to as “the Property.” Background: The Property is located in the E-1 (Estate/1-acre min. lot size) Zone District. The Property has no street frontage (public or private), is accessed via gravel drive, which itself extends off of the driveway of a Religious Assembly use located west of the property at 450 Valley Road. The acreage of the Property is below the zone district minimum lot size of one acre, and the true acreage of the site is not clear. Larimer County’s Assessor lists the Property at 0.49 acres, though the true acreage is smaller because the Assessor considers two separate lots as one lot. The site is actually two separate lots, per the legal description (see “also” statement) and two deeds recorded in 1971. The deeds were created before the Town of Estes Park adopted its subdivision standards, and the Community Development Department has determined the lots to be separate parcels, as shown on the attached site plan. The two lots do function as one property, and seem to be conveyed as a couple, but the smaller, upper lot is not being considered as part of the variance request (see Figure 1: “Subject Parcel” below; and see also Attachment 1: “Application Form,” Attachment 3: “Statement of Intent,” Attachment 3: “1971 Deeds,” and Attachment 4: “Proposed Site Plan.”). Page 7 Figure 1: Subject Parcel A portion of the existing house, originally built in 1913, encroaches into the 25’ setback area, including the deck. A variance for these encroachments was granted by the Estes Valley Board of Adjustment on May 6, 2008. Project Description Overview: The applicants are seeking a 23-foot setback variance to construct an accessory structure two feet from the northern property line. The accessory structure would contain garage space on the lower level, and, if authorized through the Conditional Use Permit (CUP) process outlined in EPDC §3.16 and §5.2, an Accessory Dwelling Unit (ADU). Location and Context The Property is located in the E-1 (Estate/1-acre min. lot size) Zone District between W. Wonderview Avenue and W. Elkhorn Avenue (see Figure 2: “Vicinity and Zoning Map” below). Page 8 Figure 2: Vicinity and Zoning Map Land Use Summary Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Estate E-1 Single-family Res. North Estate E-1 Single-family Res./ Vacant South Estate E-1 Single-family Res. East Estate E-1 Single-family Res. West Institutional A Religious Assembly Page 9 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. Staff finding: The Property is unusual in its location, size, and configuration. §3.6.C.2(a): Whether there can be any beneficial use of the property without the variance. Staff finding: The Property has been used as a residence for decades. §3.6.C.2(b): Whether the variance is substantial. Staff finding: A 23-foot setback variance represents a 92% encroachment. However, while the smaller, northern lot is not a factor as a basis of setback distance, the two parcels have functionally behaved as one for more than 50 years, and the variance may be of lesser magnitude in terms of neighborhood perception. §3.6.C.2(c): Alteration to neighborhood character/local detriment. Staff finding: Primary structures with accompanying accessory structures are common in the immediate vicinity and in the E-1 Zone District. The proposed structure would replace an existing shed at the proposed location. (See also comment on §3.6.C.2(b) above.) §3.6.C.2(d): Adverse effect on the delivery of public services such as water and sewer. Staff finding: All utility agencies are satisfied with the proposed plans as presented to the BOA. §3.6.C.2(e): Whether the Applicant purchased the property with knowledge of the requirement. Staff finding: Unknown. §3.6.C.2(f): Whether the Applicant’s predicament can be mitigated through some method other than a variance. Staff finding: It may be possible to position the structure outside of the setback area, though the position of the existing driveway logically leads to the proposed location and there could be impacts to stormwater drainage with a different position. §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. Staff finding: The Property is unusually small relative to the standards of the E-1 Zone District, in which lots are intended to be at least one acre in size. Page 10 §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. Staff finding: Deeds recorded in 1971 show the two lots in their current form before the Town adopted its subdivision standards and are considered legitimate designators of metes and bounds. §3.6.C.6: No variance for non-permitted use. Staff finding: The residential use is permitted by right in the E-1 Zone District. §3.6.C.7: BOA may grant conditions to ensure objectives are met. Staff finding: Staff does not recommend additional conditions. Reviewing Agency Comments: This request has been routed to reviewing agency staff for review and comment. Comments received were either neutral or in favor of the request (see Attachment 5: “Agency Review Comments”). Public Notice: Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report, several telephoned public inquiries were received and no written comments have been received for the variance request. • Written notice was mailed to adjacent property owners on March 17, 2022. • Legal notice was published in the Estes Park Trail-Gazette on March 18, 2022. • Application was posted on the Town’s “Current Applications” website as of March 18, 2022. • “Development Proposal Under Review” sign was posted at the Property prior to that date (see Attachment 6: “Posted Notice”). Advantages: • Approval of the variance request would permit the owners a reasonably sized accessory structure. Accessory structures are not uncommon in the E-1 Zone District, which is a semi-rural, lower density zoning designation. • Development of an ADU, if permitted through the CUP process, would create additional housing in Estes Park. The community is currently facing a housing shortage. • This proposal may advance Comprehensive Plan Community Wide Policy 5.2 – the creation of housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. Page 11 Disadvantages: • The setback variance requested could be perceived as very substantial, which calls the purpose of setbacks into question. Action Recommended: Staff recommends APPROVAL of the variance request, based on staff findings listed above. Finance/Resource Impact: N/A Level of Public Interest: Low. 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 request, finding that [state findings for denial]. I move that the Board of Adjustment continue the variance request to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Application Form 2. Statement of Intent 3. 1971 Deeds 4. Proposed Site Plan 5. Agency Review Comments 6. Evidence of Posted Notice Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 N Page 20 3/24/22, 8:10 AM Town of Estes Park Mail - Application Comments: Peterson Variance https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permmsgid=msg-a%3Ar3803039484497640707&simpl=msg-a%3Ar380303948…1/2 Alex Bergeron <abergeron@estes.org> Application Comments: Peterson Variance Alex Bergeron <abergeron@estes.org>Mon, Mar 7, 2022 at 2:36 PM To: Lonnie Sheldon <lonnie@vanhornengineering.com> Cc: John Bostron <jbostron@aldrichbuilders.com>, Planning commdev <planning@estes.org> Good afternoon, Your application for the “Peterson Variance" request yielded the following comments after the first review: Advisory Comments. These comments are intended for general or future consideration and no immediate action is necessary. ESTES VALLEY FIRE PROTECTION DISTRICT “Estes Fire has no issues with the setback.” ESTES PARK UTILITIES “The Town of Estes Park Utilities Department has no objection to this Variance Request. All applicable fees will be assessed at the time of Building Permit review.” UPPER THOMPSON SANITATION DISTRICT “New sewer service lateral from garage shall conform to UTSD Rules and Regulations, Lateral Sewer Specifications, Appendix B. UTSD staff be notified 24 hours prior to inspection request and shall inspect new sewer service lateral installation before and after backfilling the ditch.” ESTES PARK PUBLIC WORKS “There is no objection to the applicant's request for a setback variance. This parcel is unusual in that it is completely hemmed in by private property and does not have any ROW frontage. To access the parcel from W Wonderview, the owner must cross four privately-owned parcels. From W Elkhorn, three private parcels are crossed. There is no ROW on Valley Road except at its ends where it intersects W Wonderview and W Elkhorn. I do not know what easements or shared driveway agreements, if any, pertain to this property. The survey complexities referenced in the SOI are not apparent on the Larimer County LIL.” Action comments. Please make the changes outlined in the comments below and resubmit the relevant materials prior to 5:00PM on Friday, March 11, 2022, to remain on track for the April 5, 2022 Board of Adjustment meeting. ESTES PARK PLANNING “The site plan shows multiple 25' setbacks on the north of the property; one for the subject lot and one as if the two lots were only one lot. If the two lots shown as one property on public maps and to some extent on this map are indeed two lots, then the variance for a 25' setback would apply to just the lower, square-like lot and there should be reference to setbacks for the adjoining property. Please remove incorrect setback information as it relates to the adjoining, co-owned lot from the site plan and the other plan documents. Now with the one subject lot, it is unclear what the 10' proposed setback line is intended to represent if the closest corner of the proposed structure is 2' from the property line, which is the distance identified in the statement of intent. Please justify or remove references to a 10' setback from the site plan and the other plan documents.” UPPER THOMPSON SANITATION DISTRICT “New garage/building must not encroach the 15’ Upper Thompson Sanitation District (UTSD) sewer easement located on the North side of the property (parallel to Valley Road)…The UTSD sewer main was not identified on Page 21 3/24/22, 8:10 AM Town of Estes Park Mail - Application Comments: Peterson Variance https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permmsgid=msg-a%3Ar3803039484497640707&simpl=msg-a%3Ar380303948…2/2 the plans so the District could not accurately make the determination if there is an encroachment so it was an advisement. It would be very helpful for the Sewer main to be identified on plans.” Please provide UTSD with proposed location of connection of new service lateral from garage/ADU.” Thank you, - Alex Bergeron Planner II Community Development Department Town of Estes Park 970-577-3729 Page 22 Page 23 Page 24 Community Development Memo To: Estes Park Board of Adjustment Through: Jessica Garner, AICP, Community Development Director From: Jeffrey Woeber, Senior Planner Date: April 5, 2022 Application: Variance Request, Increased Accommodation Unit Density 1040 Big Thompson Avenue Castle Peak Holdings, Owner/Applicant Recommendation: Staff recommends the Board of Adjustment deny the variance request, subject to the findings described in the report. PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective The applicant requests approval of a variance to allow an increase in the density of accommodation units beyond the current allowance in the A Zone District. Location Addressed as 1041 Big Thompson Avenue, legally described as Lot 2, Block 1, Lake View Tracts, Town of Estes Park. Background The subject property contains a lodging/motel use, and is within an A (Accommodations) Zone District. The original owner received approval of a Development Plan in 1985, approving 43 Accommodation Units (rooms). During the course of the following 37 years, an additional three units were added without documentation or record of when they were constructed Community Development has determined the 46 existing units are legally nonconforming, or “grandfathered” as explained below. Given the challenges associated with determining how and when the three additional units were added, staff will not require the applicant to seek approval for those. Page 25 2 | Page The Town of Estes Park Zoning Code in effect in 1985 permitted the construction of 43 rooms and was replaced by the Estes Valley Development Code in 2000. Recently renamed the Estes Park Development Code (EPDC), Section 4.4.C. requires 1800 sq. feet per accommodation unit. According to Larimer County Assessor's records, the property is 1.34 acres in size, or 58,370 square feet, which allows for 32 accommodation units. The 46 units are 14 units more than what would be allowable under the current Code, and those 14 units are legally nonconforming. Project Description Overview This is a request to grant a variance to allow 50 Accommodation Units, four more units than the existing 46. The applicable standard of 1800 square feet per Accommodation Unit is “Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit)”, within the EPDC, Chapter 4, Zoning Districts, Section 4.4, Nonresidential Zoning Districts, Subsection 4.4.C., Density/Dimensional Standards, Table 4-5, Base Density and Dimensional Standards Nonresidential Zoning Districts. Location and Context Vicinity Map Page 26 3 | Page Zoning Map Land Use Summary Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Accommodations A (Accommodations) Accommodations North Estate: 1 Acre Minimum E-1 (Estate) Residential South Residential: ¼ Acre Minimum R-2 (Two-Family Residential) Residential East Accommodations A (Accommodations) Accommodations West Accommodations A (Accommodations) Accommodations Page 27 4 | Page Review Criteria The Board of Adjustment (BOA) is the decision-making body for variance requests. In accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Standards with staff findings for each are as follows: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated 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. Staff Finding: Staff does not find special circumstances or conditions of the type described, nor practical difficulty. The applicant does indicate difficulty in adding ADA accessible units, but it is unclear what the difficulties are. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: There is beneficial use of the property without the variance. The accommodations/motel use has operated since approximately 1985. b. Whether the variance is substantial; Staff Finding: The variance is substantial relative to the current EPDC Accommodation Unit density standard for which the variance is requested. Although it is acknowledged that the existing 46 Accommodation Units are allowed, and the request for four additional is an 8.7% increase, the current Code standard allows 32. The existing 46 Units is 43.8% above the current Code standard of 32. Fifty Accommodation Units is 56.3% above the 32 allowed under the current Code. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: Staff does not find the character of the neighborhood would be altered, and there would be no detrimental impacts to adjoining properties as a Page 28 5 | Page result of the variance other than a negligible increase in traffic during peak season. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Public services such as water and sewer will not be adversely affected by the variance. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The Development Code containing the Accommodation Unit density standard has been effective since the year 2000. The current owner purchased the property quite recently, in January 2021. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Typically, economic hardship is not a basis for granting a variance. This is based on best planning and zoning practices and also the EPDC’s Section 3.6, which specifies approval of a variance is to involve “Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) …” These are not financial or economic circumstances or conditions. The method to mitigate the applicant’s need for ADA units is to convert existing rooms to ADA standards. 3. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: There is no alternative process that could allow the four proposed additional Accommodation Units under the EPDC, other than perhaps amending the EPDC to increase the allowable density. 4. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff does not recommend conditions. The attached Statement of Intent contains the applicant’s rationale to demonstrate compliance with the above Standards and Criteria, describing how they have determined their variance request demonstrates compliance with each. Page 29 6 | Page Staff supports the applicant’s renovation efforts for this property, and recognizes each of the points and rationale behind the desire for four additional accommodation units. However, Section 3.6 of the EPDC does not provide staff or the Board of Adjustment the discretion to approve a variance for the reasons provided by the applicant. The applicant’s basis for the variance request appears to be primarily economic, along with the need to provide rooms that are compliant with the Americans with Disabilities Act (ADA). Review Agency Comments The variance application was referred to all applicable review agencies for comment. The Public Works Department provided comments (attached). The Town of Estes Park Utilities Department has “…no objection to this proposed variance.” No other comments were received. Public Notice Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report, no written comments have been received for the variance request. • Written notice mailed to adjacent property owners on March 18, 2022. • Legal notice published in the Estes Park Trail-Gazette on March 18, 2022. • Application posted on the Town’s “Current Applications” website as of March 18, 2022. Advantages The applicant would add four additional Accommodation Units as proposed. Disadvantages Approval of the variance may set a precedent where future applicants may cite economic reasons as a basis for approval, which is not consistent with variance standards under Section 3.6 of the EPDC. Action Recommended Staff recommends denial of the proposed variance described in this staff report under “Review Criteria.” Finance/Resource Impact N/A Level of Public Interest Low. Page 30 7 | Page Sample Motions I move to approve the requested variance, allowing four (4) additional Accommodation Units, for a total of fifty (50) Accommodation Units on the subject property addressed as 1040 Big Thompson Avenue in the Town of Estes Park. I move to deny the requested variance with the following findings (state reason/findings). I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments 1. Statement of Intent 2. Application 3. Site plan 4. Public Works Comments d. 2/28/22 Page 31 February 9, 2022 RE: Letter of Intent – Estes Village Inn – Additional Keys Request To Whom it May Concern, Beacon Bay Project Management (“BBPM”), on behalf of Castle Peak Holdings (“CPH”), is submitting an application for future alterations at Estes Village Inn, located at 1040 Big Thompson Ave., Estes Park, CO 80517. We are requesting a variance to current code, specifically section 4.4.C, to add four (4) additional guest units to the property, bringing the total units to fifty (50) from the current forty-six (46). CPH and Denver based Victory Investment Partners (Victory) acquired Estes Village Inn, along with Twin Owls Motor Lodge at 700 N St Vrain Avenue, in January 2021 with the vision to convert the rundown motels into boutique destinations that celebrate the dynamic community of Estes Park and the surrounding Rocky Mountain National Park. Upon acquisition, CPH set out to address a variety of life, safety and code issues that had gone unchecked and unenforced for years under prior ownership. This includes, but isn’t limited to, the voluntary addition of fire sprinklers at Estes Village Inn, a significant investment in the safety of our guests and the surrounding community. In total, CPH is investing over $20 million across the two hotels, generating considerable revenue for the City of Estes Park through development fees and increased sales and occupancy tax. CPH has been excited and encouraged by the strong support for the projects from the local community. During the acquisition process, CPH identified that the highest and best use for the existing breakfast room and a previously unpermitted guest room at Estes Village Inn was to convert the underutilized space into four (4) new guest units, including two (2) Americans with Disabilities Act (ADA) guest rooms. The additional revenue generated from these four (4) rooms – roughly $200,000 annually – is necessary to substantiate CPH’s significant capital spend across the two hotels, and, more specifically, the large investment to bring the buildings up to current code. This revenue cannot be made up anywhere else. Furthermore, Estes Village Inn currently does not have any ADA guest units, and the conversion of any of the preexisting units to meet ADA standards would prove to be economically infeasible due to current conditions, specifically the existing slope of the site. The breakfast room, which is proximate to the lobby space, is also a superior location for any disabled guests as it allows them easy access to the public spaces without having to get in and out of their vehicle. CPH strongly believes that approving this variance request is in the best interest our guests and the local community of Estes Park. In summary: • CPH acquired Estes Village Inn and Twin Owls in January 2021 intending to make a sizeable investment across the two projects. The incremental revenue generated from these four (4) additional rooms is necessary for CPH’s investment to make sense. • CPH intends to make significant upgrades to address preexisting fire, life, safety and code issues on the property. This includes the voluntary addition of sprinklers. Page 32 • Two (2) of the four (4) new units will be ADA compliant rooms. Due to the slope of the site and the current size of existing units, it is economically infeasible to add ADA compliant rooms elsewhere within the project. • CPH is proposing to convert underutilized space within the existing building envelope to its highest and best use. Adding these units will not add any additional square footage to the site, alter the exterior of the buildings or impact neighboring property in any way. • CPH will meet the parking requirements as laid out in Section 7.11 of the Code requiring one (1) parking space per guestroom and one (1) parking space per three (3) employees. The property will have 53 parking spots, 50 for guestrooms and three (3) for up to nine (9) employees. • CPH believes that the current code inflicts unnecessary hardship by limiting the use of preexisting, underutilized space within the existing square footage of the buildings. It also inflicts practical difficulty due to preexisting conditions that limit the ability to add ADA compliant guest rooms elsewhere on the property. Section 3.6 of the Estes Park Development Code lays out the standards by which a variance will be granted. We address each point below. Specific code from Section 3.6 is in blue text. Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth below: 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. Estes Village Inn has been legal, non-conforming for over 20 years as it relates to the density calculation in Section 4.4.C. Due to the slope of the site and the size of the existing guestrooms, it is economically unfeasible, nor practical, to add the two (2) ADA complaint rooms elsewhere on property. 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; No better use for the space than adding ADA guest rooms to serve these guests and bring properties up to code, bring an existing non-permitted room up to code that has no other use, and generate additional revenue that will support life safety investment and tax dollars for Estes Park. b. Whether the variance is substantial; The property currently has 46 guest rooms and has been legal, non-conforming for several decades. No additional square footage will be added to the site, and one of the guestrooms is already Page 33 constructed as a unpermitted room with no other uses. CPH believes that the addition of these four (4) rooms do not constitute a substantial variance, however they will have a substantial financial impact. 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 addition of the four (4) guest rooms within the building’s existing envelope will not alter the character of the neighborhood or impact adjoining properties in anyway. Furthermore, if the Board of Adjustments grants the variance, CPH will be required to go through a development plan review with the city. The project will only move forward if deemed favorable to the character of the neighborhood. Finally, CPH has made substantial investments at both Estes Village Inn and Twin Owls to make both properties cornerstones of the community – a significant change from the condition of the properties under prior ownership. d. Whether the variance would adversely affect the delivery of public services such as water and sewer; The planned renovation of the property already requires upgrades to the electrical and water service servicing the property. The investment only helps the services in the area. Estes Park Sanitation and Estes Park Utilities voiced no objections to the addition of these rooms during the pre-application meeting held on January 27th 2022. e. Whether the Applicant purchased the property with knowledge of the requirement; CPH met with the city pre-purchase and on multiple occasions post-sale to discuss both Estes Village Inn and Twin Owls. Please see below dates and persons in attendance to these meetings. This was clearly not just an afterthought but a purposefully planned addition. In all meetings pre and post- purchase, previous Estes Park Community Development Director Randy Hunt expressed favorable likelihood of adding four (4) additional rooms, due to the rooms being within the building’s existing envelope and contingent on CPH providing an updating parking plan with the required number of spaces. It was also discussed that the revenue from these additional rooms was necessary given the significant investment that was needed to address the extensive code and life, safety issues. These discussions gave CPH confidence in the business plan and considerable capital investment being undertaken at both projects. On December 1st, 2021, Estes Park Senior Planner Jeff Woeber presented CPH for the first time with information regarding the concerns around a variance approval. • October 22, 2020 – Attendees – Adam Hazlet (Victory Investment Partners) and Randy Hunt (Prior Estes Park Community Development Director) • November 23, 2020 – Attendees – Adam Hazlet (Victory Investment Partners), Mike Weiss (Castle Peak Holdings - Owner) and Randy Hunt (Prior Estes Park Community Development Director) • December 1, 2020 – Attendees – Adam Hazlet (Victory Investment Partners) and Randy Hunt (Prior Estes Park Community Development Director) Page 34 •July 20, 2021 – Attendees – Adam Hazlet (Victory Investment Partners), Mike Weiss (Castle Peak Holdings - Owner), Electric Bowery (Architect of Record), Gary Ruso (Estes Park Chief Building Official) and Randy Hunt (Prior Estes Park Community Development Director) •August 20, 2021 – Attendees - Adam Hazlet (Victory Investment Partners), Craig Middleton (Beacon Bay Project Management), Gary Ruso (Estes Park Chief Building Official) and Randy Hunt (Prior Estes Park Community Development Director) •September 2, 2021 – Attendees - Craig Middleton (Beacon Bay Project Management), Randy Hunt (Prior Estes Park Community Development Director) and Jessica Garner (Current Estes Park Community Development Director) •November 10, 2021 – Mike Weiss (Castle Peak Holdings – Owner), David Rochefort (Castle Peak Holdings – Owner), Craig Middleton (Beacon Bay Project Management), and Jessica Garner (Current Estes Park Community Development Director), Jeff Woeber (Estes Park Senior Planner) •December 14, 2021 – Adam Hazlet (Victory Investment Partners), Mike Weiss (Castle Peak Holdings – Owner), David Rochefort (Castle Peak Holdings – Owner), Craig Middleton (Beacon Bay Project Management), and Jessica Garner (Current Estes Park Community Development Director), Jeff Woeber (Estes Park Senior Planner) f.Whether the Applicant's predicament can be mitigated through some method other than a variance. No, we cannot mitigate the financial impact of the lost revenue from not developing these four (4) rooms, nor the hardship of developing the required ADA compliant guest rooms elsewhere on the property. CPH is excited to invest in the reinvention of Estes Village Inn into a destination that travelers will embrace as authentically local to Estes Park, while celebrating everything that makes the local community so special. We look forward to further discussing the proposed variance with the members of the Board of Adjustments in the near future. Warm Regards, David Rochefort Castle Peak Holdings Craig Middleton Craig Middleton Beacon Bay Project Management Page 35