HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2022-07-12BOARD OF ADJUSTMENT – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, July 12, 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/84701773943
Or Join by Telephone:
1.Dial US: +1-877-853-5257 (toll-free)
2.Enter Webinar ID: 847 0177 3943 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:
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special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available.
July 7, 2022 1
AGENDA
BOARD OF ADJUSTMENT – TOWN OF ESTES PARK
Tuesday, July 12, 2022
9:00 a.m.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
CONSENT AGENDA:
1.Board of Adjustment Minutes dated April 5, 2022
ACTION ITEMS:
1.Board Elections continued from April 5 meeting
2.Variance Request 458 Chiquita Lane Director Garner
The Applicant seeks a setback for a garage and two accessory structures in lieu of the
25 foot minimum required for the E-1, Estate Zoning District.
REPORTS AND DISCUSSION ITEMS:
1.Comprehensive Plan Update
ADJOURN
Prepared 07/07/22
2
3
Town of Estes Park, Larimer County, Colorado, April 5, 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 5 day of April 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, Planner II Bergeron, Recording Secretary
Karin Swanlund, Town Board Liasion Barbara MacAlpine
Absent: Newsom
Vice-Chair Moreau called the meeting to order at 9:00 a.m.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded (Holzman/Moreau) to approve the agenda. The motion
passed 2-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Holtzman/Moreau) to approve the Consent Agenda. The
motion passed 2-0.
VARIANCE REQUEST 460 Valley Road Planner II Bergeron
Planner Bergeron reviewed the staff report. The applicants seek 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).
Staff recommended the Board of Adjustment approve the variance request, subject to
the findings described in the staff report.
DISCUSSION: Lonnie Sheldon, Van Horn Engineering, was available for questions.
Owner Mary Peterson thanked the Board for their consideration and confirmed that the
ADU would not be used as a short-term rental.
PUBLIC COMMENT: none
It was moved and seconded (Moreau/Holtzman) to approve the variance request as
written with the requirement of an approved setback certificate from a licensed
engineer. The motion passed 2-0.
VARIANCE REQUEST Estes Village Inn Senior Planner Woeber
Senior Planner Woeber reviewed the staff report. This request is to grant a variance to
allow 50 Accommodation Units, four more units than the existing 46. The subject
property contains a lodging/motel use within an A (Accommodations) Zone District. The
original owner received approval of a Development Plan in 1985, approving 43
Accommodation Units (rooms). Three additional units were added during the following
37 years without documentation or record of when they were constructed.
Staff does not find special circumstances or conditions of the type described nor
practical difficulty. The applicant does indicate problems in adding ADA-accessible
units, but it is unclear what the difficulties are. Staff recommended the Board of
Adjustment deny the variance request, subject to the findings described in the report.
DISCUSSION: Vice-Chair Moreau suggested combining smaller rooms into one to
make them ADA accessible. Applicants Craig Middleton and David Rochefort explained
Board of Adjustment, April 5 , 2022 – Page 2
the reasons for their variance request. Architect Marissa Richen discussed the
challenges involved in working with the constraints of the existing structure. The
footprint of the building is not changing, and the addition of sprinklers and landscaping
would bring the property up to current building codes, meeting the City's standards.
There is adequate parking, with 52 spaces.
Moreau stated that this variance goes against the intent of the code, and just because it
has been non-conforming doesn't mean that it should be granted.
PUBLIC COMMENT: Hannah Breining, 232 Big Horn Dr., noted that this will set the
precedence for future hotels wanting the same.
It was moved and seconded (Moreau/Holtzman) to deny the variance request as
written. The motion passed 2-0.
REPORTS
Members Newsom and Holtzman have been reappointed to their positions on the Board
of Adjustment. Since not all members are present today, the Board Elections will be held
at the next meeting date.
The Members desire to return to in-person meetings. Training will be provided.
The Comprehensive Plan is on track and on schedule. There will be a community event
on April 28 to get the public's opinion.
There being no further business, Vice-Chair Moreau adjourned the meeting at 10:20 a.m.
Jeff Moreau, Vice-Chair
Karin Swanlund, Recording Secretary
6
To: Estes Park Board of Adjustment
Through: Jessica Garner, AICP, Community Development Director
From: Jessica Garner, AICP, Community Development Director
Date: July 12, 2022
Application: Variance Request, Setbacks for Garage and Two Accessory Structures
458 Chiquita Lane, Estes Park
Dennis & Robin Schall, Owners/Applicants
Recommendation: Staff recommends the Board of Adjustment approve 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 a reduced front and rear
setback of 20 feet from the requirement of 25 feet for a new two-car detached
garage, and a variance to allow a reduced front and rear setback of 17 feet from the
requirement of 25 feet for two existing accessory structures beyond the current
allowance in the E-1 Zone District.
Location
Addressed as 458 Chiquita Lane, the .35-acre subject site is legally described as POR
LOT 138 AMD PLAT AL FRESCO PLACE BEG SW COR SD LOT 138, TH S 89 20' E
67.7 FT ALG SRLY LN SD LOT, TH N 20 30' E 135.9 FT, N 46 35' W 109.5 FT TO PT
ON NRLY LN SD LOT, TH S 87 35' W 33.2 FT TO NW COR SD LOT, TH SRLY A,
Town of Estes Park.
Background
The subject property contains a single-family home and two existing accessory
structures in the E-1 (Estate) Zone District. The applicants would like to construct a
new, detached garage on the site and have an existing workshop and covered platform
that was built several years ago but did not meet the required setbacks. The applicants
argue that the site’s size and configuration do not meet the requirements of the
7
Development Code and present a hardship for them to use the property as intended
without variances.
Project Description
Overview
This is a request to allow front and rear setback variances for a new, detached garage
and for two existing accessory structures.
The E-1 Zoning District was established to preserve the predominantly lower density
residential uses that have been established in the Estes Valley. This zone implements
the "Estate (E-1)" future land use designation contained in the Comprehensive Plan.
The district regulations permit single-family residential uses at densities of one (1)
dwelling unit per acre.
Location and Context
Vicinity Map
8
Zoning Map
Land Use Summary
Table 1: Zoning and Land Use Summary
Comprehensive Plan Zone Uses
Subject
Site Estate: 1 Acre Minimum E-1 (Estate) Residential
North Estate: 1 Acre Minimum E-1 (Estate) Residential
South Estate: 1 Acre Minimum E-1 (Estate) Residential
East Estate: 1 Acre Minimum E-1 (Estate) Residential
West Estate: 1 Acre Minimum E-1 (Estate) Residential
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:
9
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: The criteria is applicable to the request. The site is .35 acres,
which is significantly less than the development standard of 1 acre. The single-
family home on the site was built prior to the current zoning and also does not
meet the setbacks. The narrowness and overall shape of the parcel constrains
practical development, and also due to the topography, there are limited areas on
the site for new construction.
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
property owners purchased the site in 2015 and have been using the existing
attached one-car garage to house their vehicle and storage items. However, the
applicants would like to build a larger garage and renovate the small home to
better fit their needs as they seek to age in place.
b. Whether the variance is substantial;
Staff Finding: The variance is not substantial, and represents a minor
modification of the front and rear setbacks (five to eight feet) in order to
accommodate the applicants’ requests. The home was built in the early to mid-
50’s, and is more characteristic of parcels found in the R Zo ning District
(minimum ¼-acre lot size).
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
result of the variance to allow a new garage on site, or to allow the continued use
of two accessory structures built over five years ago. The majority of properties
adjacent to the parcel don’t meet the required minimum lot size for a RE-1
District, and they typically have accessory structures on site as well. The
10
applicants state they will construct the detached garage to match the residential
look and feel of the adjoining properties.
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, and since there is an existing shared water line that
would be underneath the proposed garage, the applicants will relocate the water
line at their expense.
e. Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: The applicants were not aware of the setbacks when they
purchased the parcel in 2015, and discovered the issue when they came to the
Town to apply for a building permit. Despite their initial desire to maintain the
property and home in its current state, the applicants state their needs changes
over time and they would like to remain here.
f. Whether the Applicant's predicament can be mitigated through some
method other than a variance.
Staff Finding: The applicants indicate in their Statement of Intent that the only
feasible location to site the new detached garage is in the proposed location, due
to the grade of the site and in order to provide adequate separation for the single-
family home.
3. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The proposed variances would be the least deviations from the
Development Code, and as proposed, would range from five to eight feet overall
from the front and rear setbacks. The other potential options for the applicants
would be to re-zone their property to R, but this process wouldn’t be cost or time-
effective, and as mentioned above, there are many lots in this area that don’t
meet the general development standards in the Code and they would likely need
to be rezoned to maintain consistency.
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.
11
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.
Staff supports the applicant’s renovation efforts for this property, and recognizes that
many lots in Town do not meet regulations within the Development Code, and the
applicants provided a letter of support from their adjacent neighbor , included in the
attached exhibits.
Review Agency Comments
The variance application was referred to all applicable review agencies for comment.
Public Works noted that if approved, the driveway length should be expanded to 23 feet
instead of 20 feet to allow for longer vehicles without enc roaching into the Right of Way
for Chiquita Lane, unless there are other spaces on the site to accommodate a longer
vehicle. There were no other comments received from the Estes Valley Fire Protection
District, Estes Park Sanitation District, Estes Park Utilities, and Estes Park Building
Division.
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 June 24, 2022.
• Legal notice published in the Estes Park Trail-Gazette on June 24, 2022.
• Application posted on the Town’s “Current Applications” website as of June, 2022.
Advantages
The applicant would be able to construct a new, detached two-car garage, and have
two, legally permissible accessory structures on their property.
Disadvantages
Approval of the variance may set a precedent where future applicants may cite
hardships if their properties don’t meet the development standards of the Code.
Action Recommended
Staff recommends approval of the proposed variance described in this staff report under
“Review Criteria.”
Finance/Resource Impact
N/A
Level of Public Interest
Low.
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Sample Motions
I move to approve the requested variances, one to allow 20-foot front and rear
setbacks for a new, detached garage and another for 17-foot front and rear setbacks for
two existing accessory structures for a property at 458 Chiquita Lane, 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. Reviewing Agency comments
5. Letter of Support
13
Statement of Intent
Dennis and Robin Schall Variance
458 Chiquita Ln.
May 5, 2022
Revised June 3, 2022
Variance Requested:
Proposed Structure 1: The owners would like to build a two-car unattached garage on the property
zoned E-1 that has 25’ setbacks all around. The owners are requesting a 20’ vs 25’ setback from the front
and back property lines as the 25’ setback requirement, inflicts unnecessary hardship and practical
difficulties as the property is unusual in its location, size, and configuration.
Existing Structures 2 & 3: In preparation for the proposed garage a boundary survey was completed in
December 2021. Post survey it was found that our workshop on the east side of the property, a
structure that is just under 120 sq. ft. (10 x 11’ 11”) built in 2017 and the adjacent covered platform, an
open structure the same size as the workshop added in 2019 do not meet the E-1 setback requirements.
The structures were positioned for 25’ + from what had been thought to be the property boundary at
the time of construction.
For existing structures 2 & 3 we are requesting a 17’ vs 25’setback.
Please see the site plan for more information.
Overview of why a variance is requested:
The new garage is an essential part of an overall plan to upgrade the residence. The current home on
this property is small (1,224 Sq. ft. including attached garage) and the small kitchen also serves as a
laundry and equipment room. The kitchen is so small, that no practical room for a dishwasher exists. The
owners' overall plan is to convert an existing 1 car attached garage (300 sq. ft.) into living space, moving
the laundry into that area, and create a crafting room with storage. The kitchen will be updated to take
advantage of the space vacated by the laundry equipment. The current home has limited storage with
most things stored in the crawlspaces under the home and only accessible via an outside entrance. Both
Mr. and Mrs. Schall (owners) are in their mid and late 60s and access to the stored items is difficult for
them, especially during winter weather. The proposed garage will include an easily accessible,
designated storage area. The owner’s 2nd vehicle is currently parked outside subject to the elements.
The owners believe having both vehicles in a garage space affords them better access and safety than
parking outside in the elements. Building a new garage is imperative to allow this proposed plan to
commence. The proposed accessory structure is common for E-1 zoning districts.
We were advised by the Estes Park Planning Department on June 1st to revise our original SOI dated
May 5 to include existing structures 2 & 3 in our variance request.
14
Legal Description:
Portion of Lot 138 Amended plat Al Fresco Place Beginning at the Southwest Corner of said Lot 138,
Thence S 89 09’42” E 67.7 feet along the Southerly line of said Lot, Thence N 23 01’ 03”’ E 136.85 feet,
Thence N 21 09’26” E 19.72 feet, Thence N 62 03’18” W 68.51 feet, Thence N 46 09’03” W 36.53’ to a
point on the North line of said Lot, Thence S 88 12’04”' W 33.05 feet To the Northwest corner of said
Lot, Thence Southerly along the arch of a curve to the right (Radius of said curve being 150 feet, cord of
said curve bears S 14 35’14”E 65.14 feet) 66.67 feet, Thence Southerly along the arch of a curve to the
right (Radius of said curve being 325.00 feet, cord of said curve bears S 10 17’41”W E 138.92 feet)
140.00 feet to the point of beginning.
Comments referring to standards in Section 3.6C of the EPDC:
C.1.: Special circumstances or conditions exist - The Property is unusually small at 0.35 acres relative to
the standards of the E-1 Zone District, in which lots are intended to be at least one acre in size. The
existing residence, constructed prior to the current zoning, doesn’t fit with in the E-1 setbacks. The
shape of the property creates a practical difficulty due to its narrowness at the only practical location for
the garage as indicated on the site plan.
C.2.a: The proposed overall plan noted above will provide increased accessibility and beneficial use to
the residents.
C.2.b: The owners do not believe the variance is substantial as they are asking for a 5‘(20%) variance
from the front and back setback provisions. With the property developed and subdivided prior to the E-1
zoning, more closely matches residential zoning of ¼ acres minimum lot size with 10 foot side and 15
front and rear setbacks.
C.2.c: With the adjoining area all zoned E-1 Estate, the majority of the properties don’t meet the
minimum lot size or setback requirement. Primary structures with accompanying accessory structures
are common in the immediate vicinity and in the E-1 Zone District. The owner’s intent is that the
proposed garage would closely match the look of the primary residence and afford the look of a
companion structure.
There are two adjoining properties near the proposed garage site. A letter of support from the adjoining
property owners (to the east) is attached to this package.
The adjoining property to the south is a short-term rental and the absent owned is out of state (Iowa).
The property to the south was granted an access easement across our property to access their garage.
We have not been able to communicate our plans to the current owner. The required “Development
Proposal Under Review for this Property” sign has been posted as of the date of this application.
C.2.d: As discussed at the pre-application meeting the requested variance would NOT adversely affect
the delivery of public services such as water and sewer. It is noted that an existing shared water service
line that serves the property to the eastern neighbor is currently located under the proposed garage
location. If this variance is approved, the property owners will have that water line relocated at their
expense.
C.2.e: The owners purchased the property in 2015 with limited knowledge of the setback requirements.
At the time, the owners believed the existing property was sufficient for their needs but as time proved
15
it was not to be so. As they investigated their options as to infill development or relocation, they are
happy to see that a process exists to request this variance so that they can stay in their home.
C.2.f: The owners had the property recently surveyed by Van Horn Engineering and consultation with
Cornerstone Engineering & Surveying indicate that only logical place to position the garage on the
property is at an existing driveway as indicated on the site plan. Due to the grade of the property,
attaching the garage to the existing structure is not practical. In order to provide adequate building
separation and provide accessible grade into the garage, we feel the proposed location is the best suited
location.
C.3: With the current property (and adjoining properties) being developed prior to and not meeting the
current E-1 zoning requirements for lot size or setbacks, we do not feel the request is unreasonably
practical for the current situation. Please let us know if more information is needed.
C.4: No change in residential density is proposed with this variance.
C.5: If authorized, it is believed that the variance represents the least deviation from the regulations that
will afford relief to the owners.
C.6: The proposed use is permitted and typical in residential E-1 zoned districts, The requested Variance
is for residential use of a residentially zoned property.
C.7: No Comment
Photo of 458 Chiquita Lane
16
Thank you for your consideration of this Variance Request.
---------------------------------------------------------------
Dennis Schall - Owner
-----------------------------------------------------------------
Robin Schall – Owner
17
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ESTES PARK
¶-‘BOARD OF ADJUSTMENT
APPLICATION
Submittal Date:5 -6 —loZ_-’Z.
tflhIfllftlImri1iEIL.T.
RecordOwner(s):DannS 4 I2cb,ri Sc4ccII
Street Address of Lot:/S8 C..k 4—L
Legal Description:Lot:Block:Tract:
Subdivision:
ParcellD#:352*13 07-/3 9
fiflfiTiiiEbL.1.
LotSize 0.‘2,5 4e_ras -Zoning C—I.
Existing Land Use Te si der.4—let I
Proposed Land Use
Existing Water Service I’Town F Well F Other (Specify)
Proposed Water Service Town F Well r Other (Specify)
Existing Sanitary Sewer Service 1W’EPSD F UTSD F Septic
Proposed Sanitary Sewer Service 1K EPSD F UTSD F Septic
Existing Gas Service I XceI F Other F None
Site Access (if not on public street)/S a C_h ‘çu ;j 4
Are there wetlands on the site?F Yes ,ç No
VrI’Fl.It
Variance Desired (Development Code Section #):EyDc{371Mc tilz
intirpIDIGIi.jariir.i
Name ofPrimaryContactPerson De.-nni .s S c_kaL)
Complete MailingAddress L-1S8 eklQuiiLo 4Ln.
Primary Contact Person is Owner F Applicant F (Zonsultant/Enneer
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‘)<Application fee (see attached fee schedule)
X Statement of intent Lrmic1i’rdin Section 3.6.C of the EPDC pg3-10-3-11 seecyied)
5(I copy (folded)of site plan (drawn aa scale of 1”=20’)(1 reduced copy of the site plan (11”X 179
X Digital copies of platslplans in TIFF or PDF format emailed to planningestes.org and Planner
The site plan shall include information in Estes Park Development Code Appendix B.VII.5 (attached).
The applicant will be required to provide additional copies of the site plan after staff review
(see the attached Board of Adjustment variance application schedule).Copies must be folded.
Town of BIos Park -s P.O.Box 1200 -e.170 MacGregor Avenue -Esles Park,CO 80511
Community Development Deparlment Phone:(910)511-3121 .fax:(970)586-0249 -www.estes.org/CommunityDevetopmenl
Revised 2020.04.01 ks
18
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DEVELOPMENT
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UNDER REVIEW
FOR THIS PROPERTY
\970-577-3721
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APPLICATION FEES
See the fee schedule included in your application packet or view the fee schedule online at:
www.estes.org/planninpforms
All requests for refunds must be made in writing.All fees are due at the time of submittal.
Revised 2O2O04O ks
19
OWNER &APPLICANT CERTIFICATION
As Owner,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge
and I am the record owner of the property.
0 As Applicant,I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property.
In submitting the application materials and signing this application agreement,I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
0 I acknowledge that I have obtained or have access to the EPDC,and that,prior to filing this application,I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
https://www.municode.comllibraryfCOlestes_valleylcodesldevelopment_code
0 I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application tee
by the Town does not necessarily mean that the apphcation is complete under the applicable requirements of the
EPDC.
I understand that this variance request may be delayed in processing by a month or more it the information provided is
incomplete,inaccurate,or submitted after the deadline date.
0 I understand that a resubmittal fee may be charged if my application is incomplete.
0 The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
0 grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper
identification access to my property during the review of this application.
0 I acknowledge that I have received the Estes Park Board of Adjustment Variance Application Schedule and that failure
to meet the deadlines shown on said schedule shall result in my application or the approval of my application
becoming null and void I understand that full fees will be charged for the resubmittal of an application that has become
null and void.
0 I understand that I am required to obtain a “Development Proposal Under Review”sign from the Community
Development Department and that this sign must be posted on my property where it is clearly visible from the road.I
understand that the corners of my property and the proposed building/structure corners must be field staked.I
understand that the sign must be posted and the staking completed no later than ten (10)business days prior to the
Estes Park Board of Adjustment hearing.
I understand that if the Board of Adjustment approves my request.“Failure of an applicant to apply for a building
permit and commence construction or action with regard to the variance approval within one (1)year of
receiving approval of the variance may automatically render the decision of the BOA null and void.”(Estes
Park Development Code Section 3.6.D)
Names:
Record Owner PLEASE PRINT:en S
(34.-L ;
Applicant PLEASEPRINr ThenrS Se.LA.I /
Signatures:A)I g ,—jZ
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Record Owner (jt’,,,na.Date 3’‘-5 7tZ
Applicant
_______________________________________________________
Date
____________________
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(S87°45'18"W 33.2')
N6
2
°
0
3
'
1
8
"
W
6
8
.
5
1
'
(N
6
2
°
1
6
'
4
2
"
W
7
0
.
6
'
)
510 CHIQUITA LANE
RICHARD & SHARON FEDORACHECK
PARCEL NO. 3524312001
0.69 ACRES
ZONED E-1
SINGLE
FAMILY
RESIDENCE
EXISTING
RESIDENCE
SINGLE
FAMILY
RESIDENCE
DRIVEWAY
(ASPHALT)
EXISTING
DRIVEWAY
(ASPHALT)
S
4
6
°
0
9
'
0
3
"
E
3
6
.
5
3
'
S2
1
°
0
9
'
2
6
"
W
1
9
.
7
2
'
(N
2
0
°
4
0
'
1
8
"
E
2
0
'
)
WORK
SHOP
SHED
AC
C
E
S
S
TO
WO
N
D
E
R
V
I
E
W
AV
E
.
458 CHIQUITA LANE
DENNIS & ROBIN SCHALL
BOOK 984 PAGE 44
0.35 ACRES
ZONED E-1
PROPOSED
GARAGE
24'
30
'
497 MACGREGOR AVE.
BLAKE C. & SUSAN K. ROBERTSON
RECEPTION NO. 3254307138
0.22 ACRES
ZONED E-1
448 CHIQUITA LANE
BANANA CABANA, LLC
PARCEL NO. 3524307140
0.69 ACRES
ZONED E-1
EXISTING
GARAGE
30 F
TRIG
H
T
O
F
W
A
Y
SINGLE
FAMILY
RESIDENCE
SINGLE
FAMILY
RESIDENCE
GARAGE
SINGLE
FAMILY
RESIDENCE
SINGLE
FAMILY
RESIDENCE
AND
GUEST
HOUSE
ATTACHED
RESIDENTIAL
APPARTMENT
GARAGE
450 CHAPIN LANE
SANDRA OLSON REVOCABLE TRUST
PARCEL NO. 352435418
0.51 ACRES
ZONED E-1
141 W WONDERVIEW AVE
STEPHEN HOUSER
PARCEL NO. 3524311002
1.04 ACRES
ZONED E-1
441 MACGREGOR AVE.
JOHN ALLEN SHICK
PARCEL NO. 3524468001
0.91 ACRES
ZONED E-1
499 MACGREGOR AVE.
GAIL D HOLBEN
PARCEL NO. 3524323001
0.63 ACRES
ZONED E-1
501 MACGREGOR AVE.
BILL DARDEN
PARCEL NO. 3524312002
0.69 ACRES
ZONED E-1
471 MACGREGOR AVE.
BLAKE C. & SUSAN K. ROBERTSON
RECEPTION NO. 3524468138
0.54 ACRES
ZONED E-1
SINGLE
FAMILY
RESIDENCE
441 CHIQUITA LANE
JEFFERY & REBECCA ROBBINS
PARCEL NO. 3524354129
0.81 ACRES
ZONED E-1
25'
B
U
I
L
D
I
N
G
SE
T
B
A
C
K
(TY
P
.
)
20'
24
'
20'
20'
25
'
B
U
I
L
D
I
N
G
SE
T
B
A
C
K
(T
Y
P
.
)
SINGLE
FAMILY
RESIDENCE
REQUESTED
SETBACK (TYP.)
EXISTING
WATER
SERVICE TO BE
RELOCATED
ACCESS EASEMENT
SINGLE
FAMILY
RESIDENCE
20.
2
'
17.8'
22.0'
12'
1
0
'
1
0
'
COVERED
PLATFORM
425 CHAPIN LN
ESTES PARK, CO 80517
VICINITY MAP
SCALE 1"=700'
20
SCALE 1" = 20'
0 20 40 60
SITE PLAN
DENNY & ROBIN SCHALL
SHEET TITLE:
BY:REVISION:DATE:
CLIENT:
SHEET
1
SHEET
1990.001
JOB NO.MST
DATE
SCALE
APPROVED BY
AS SHOWN
MAY 2022
MST
MST
MST
DRAWN BY
CHECKED BY
DESIGNED BY
PROJECT TITLE:
2022 CORNERSTONE ENGINEERING & SURVEYING, INC.
COPYRIGHT - ALL RIGHTS RESERVED
1692 BIG THOMPSON AVE.
SUITE 200
ESTES PARK, CO 80517
PH: (970) 586-2458
FAX: (970) 586-2459R
Know what's below.
Call before you dig.
CALL 3-BUSINESS DAYS IN ADVANCE BEFORE YOU
DIG, GRADE, OR EXCAVATE FOR THE MARKING OF
UNDERGROUND MEMBER UTILITIES.
VARIANCE REQUEST
458 CHIQUITA LN., ESTES PARK
THAT PORTION OF LOT 138 OF AMENDED MAP OF AL FRESCO PLACE, AN ADDITION TO
THE TOWN OF ESTES PARK, COLORADO ACCORDING TO THE PLAT FILED MAY 17, 1910,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 138; THENCE SOUTH 89
DEGREES 20 MINUTES EAST 67.7 FEET ALONG THE SOUTHERLY LINE OF SAID LOT;
THENCE NORTH 20 DEGREES 30 MINUTES EAST 135.9 FEET; THENCE NORTH 46
DEGREES 35 MINUTES WEST 109.5 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
LOT; THENCE SOUTH 87 DEGREES 35 MINUTES WEST 33.2 FEET TO THE NORTHWEST
CORNER OF SAID LOT; THENCE SOUTHERLY ALONG WESTERLY LINE OF SAID LOT TO
THE POINT OF BEGINNING;
AND ALSO
A TRACT OF LAND IN LOT 138 OF AL FRESCO PLACE IN THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 73 WEST OF
THE 6TH P.M., DESCRIBED AS FOLLOWS, TO-WIT; BEGINNING AT THE NORTHEAST
CORNER OF TRACT DESCRIBED IN BOOK 984 AT PAGE 44 OF THE LARIMER COUNTY
RECORDS FROM WHICH POINT THE SOUTHWEST CORNER OF LOT 138 OF AL FRESCO
PLACE BEARS SOUTH 42 DEGREES 18 MINUTES WEST A DISTANCE 171.4 FEET; THENCE
NORTH 20 DEGREES 30 MINUTES EAST A DISTANCE OF 20 FEET; THENCE NORTH 62
DEGREES 27 MINUTES WEST A DISTANCE OF 70.6 FEET TO THE NORTHERLY POINT OF
TRACT DESCRIBED IN BOOK 984 AT PAGE 44 OF THE LARIMER COUNTY RECORDS;
THENCE SOUTH 46 DEGREES 35 MINUTES EAST A DISTANCE OF 72.5 FEET TO THE
POINT OF BEGINNING.
COUNTY OF LARIMER, STATE OF COLORADO
LEGAL DESCRIPTION
EVDC 4.3 TABLE 4-2
REQUIRED SETBACK = 25 FEET
GARAGE REQUESTED SETBACK = 20 FEET
REQUESTED VARIANCE:
1) BOUNDARY INFORMATION WAS PROVIDED BY VAN HORN ENGINEERING
GENERAL NOTES:
SHOP/ COVERED PLATFORM REQUESTED SETBACK = 17 FEET
21
22
5/18/22, 10:17 AM Town of Estes Park Mail - Referral for Comment: Schall Variance
https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permthid=thread-a%3Ar-8596512228675856933&simpl=msg-a%3Ar736602308…1/5
Alex Bergeron <abergeron@estes.org>
Referral for Comment: Schall Variance
10 messages
Alex Bergeron <abergeron@estes.org>Thu, May 5, 2022 at 4:49 PM
To: Ron Duell <rduell@estesparksanitation.org>, James Duell <jduell@estesparksanitation.org>, Planning commdev
<planning@estes.org>, Jennifer Waters <jwaters@estes.org>, Gary Rusu <grusu@estes.org>, Building commdev
<building@estes.org>, Joe Jaramillo <jaramillofire@aol.com>, Prevention <prevention@estesvalleyfire.org>, Shane Krell
<skrell@estes.org>, Steven Rusch <srusch@estes.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, MAY 20, 2022. PLEASE RESPOND 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: Schall Variance
Type: Setback variance
Address: 458 Chiquita Ln
Legal Description: POR LOT 138 AMD PLAT AL FRESCO PLACE BEG SW COR SD LOT 138, TH S 89 20' E 67.7 FT
ALG SRLY LN SD LOT, TH N 20 30' E 135.9 FT, N 46 35' W 109.5 FT TO PT ON NRLY LN SD LOT, TH S 87 35' W 33.2
FT TO NW COR SD LOT, TH SRLY A
Project Description Summary: The applicant seeks a five-foot setback variance on multiple property lines to permit the
construction of a detached garage.
CONTACT INFORMATION:
Applicant: Denny and Robin Schall: denny.schall@gmail.com
Planner: Alex Bergeron: abergeron@estes.org
Application materials are attached.
- Alex Bergeron
Planner II
Community Development Department
Town of Estes Park
970-577-3729
3 attachments
APPLICATION 458 Chiquita Schall Variance 2022-05-05.pdf
182K
SITE PLAN 458 Chiquita Schall Variance 2022-05-05.pdf
422K
STATEMENT of Intent 458 Chiquita 2022-05-05.pdf
687K
23
5/18/22, 10:17 AM Town of Estes Park Mail - Referral for Comment: Schall Variance
https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permthid=thread-a%3Ar-8596512228675856933&simpl=msg-a%3Ar736602308…2/5
Prevention <prevention@estesvalleyfire.org>Wed, May 11, 2022 at 9:25 PM
To: Alex Bergeron <abergeron@estes.org>
Alex, Estes does not have any issues with the set back.
Estes Valley Fire Protec on District
901 N. Saint Vrain Ave
Estes Park CO 80517
W: 970-577-0900
E: prevention@estesvalleyfire.org
From: Alex Bergeron <abergeron@estes.org>
Sent: Thursday, May 5, 2022 4:49 PM
To: EP Sanita on Plant <rduell@estesparksanitation.org>; Jim Duell <jduell@estesparksanitation.org>; Planning
commdev <planning@estes.org>; Jennifer Waters <jwaters@estes.org>; Gary Rusu <grusu@estes.org>; Building
commdev <building@estes.org>; Joe Jaramillo <jaramillofire@aol.com>; Preven on
<prevention@estesvalleyfire.org>; Shane Krell <skrell@estes.org>; Steven Rusch <srusch@estes.org>; Tyler
Boles <tboles@estes.org>
Subject: Referral for Comment: Schall Variance
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Alex Bergeron <abergeron@estes.org>Thu, May 12, 2022 at 10:19 AM
To: Planning commdev <planning@estes.org>
No comments on this, really...might just advise applicants to identify the construction date of the shed and remind them
about submitting a photo of the posted sign.
- Alex Bergeron
Planner II
Community Development Department
Town of Estes Park
970-577-3729
[Quoted text hidden]
Jim Duell <jduell@estesparksanitation.org>Thu, May 12, 2022 at 12:51 PM
To: Alex Bergeron <abergeron@estes.org>, Ron Duell <rduell@estesparksanitation.org>, Planning commdev
<planning@estes.org>, Jennifer Waters <jwaters@estes.org>, Gary Rusu <grusu@estes.org>, Building commdev
<building@estes.org>, Joe Jaramillo <jaramillofire@aol.com>, Prevention <prevention@estesvalleyfire.org>, Shane Krell
<skrell@estes.org>, Steven Rusch <srusch@estes.org>, Tyler Boles <tboles@estes.org>
24
5/18/22, 10:17 AM Town of Estes Park Mail - Referral for Comment: Schall Variance
https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permthid=thread-a%3Ar-8596512228675856933&simpl=msg-a%3Ar736602308…3/5
Hello Alex – Estes Park Sanitation District has no comment on the Schall Variance.
Thank you – Jim Duell, District Manager
From: Alex Bergeron <abergeron@estes.org>
Sent: Thursday, May 5, 2022 4:50 PM
To: Ron Duell <rduell@estesparksanitation.org>; James Duell <jduell@estesparksanitation.org>; Planning commdev
<planning@estes.org>; Jennifer Waters <jwaters@estes.org>; Gary Rusu <grusu@estes.org>; Building commdev
<building@estes.org>; Joe Jaramillo <jaramillofire@aol.com>; Prevention <prevention@estesvalleyfire.org>; Shane Krell
<skrell@estes.org>; Steven Rusch <srusch@estes.org>; Tyler Boles <tboles@estes.org>
Subject: Referral for Comment: Schall Variance
ATTN: REVIEW AGENCIES
[Quoted text hidden]
[Quoted text hidden]
Steven Rusch <srusch@estes.org>Thu, May 12, 2022 at 1:49 PM
To: Alex Bergeron <abergeron@estes.org>
Cc: Planning commdev <planning@estes.org>, Gary Rusu <grusu@estes.org>, Building commdev <building@estes.org>,
Joe Jaramillo <jaramillofire@aol.com>, Prevention <prevention@estesvalleyfire.org>, Shane Krell <skrell@estes.org>, Tyler
Boles <tboles@estes.org>, Adam Edwards <aedwards@estes.org>, Chris Eshelman <ceshelman@estes.org>, Jason Lang
<jlang@estes.org>, Joe Lockhart <jlockhart@estes.org>, Reuben Bergsten <rbergsten@estes.org>
Hello Alex,
The Town of Estes Park Utilities Department has no objection to this variance request.
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
[Quoted text hidden]
Jennifer Waters <jwaters@estes.org>Mon, May 16, 2022 at 10:33 AM
To: Alex Bergeron <abergeron@estes.org>
Hi Alex,
Public Works supports the reasoning behind the applicants' request for a setback variance.
The only suggestion is that the driveway allow for a length of 23' rather than 20'. In EPDC Chapter
7.11 O. Parking and Loading Area Design Standards, the geometry provides for a 19.5' minimum for
parking compatible with residential driveways. However, the 20' length would not be adequate for
preventing a long vehicle from encroaching in the ROW for Chiquita Lane. For example, the Ford
Super Duty full-size pickup truck is 266.2 inches, which is slightly over 22 feet long. As long as the
applicant is aware of the "short" 20' driveway, there are other spaces, which may include inside the
proposed garage, on the site that would accommodate a long vehicle.
Jennifer Waters, EIT, CFM
25
5/18/22, 10:17 AM Town of Estes Park Mail - Referral for Comment: Schall Variance
https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permthid=thread-a%3Ar-8596512228675856933&simpl=msg-a%3Ar736602308…4/5
Public Works Department
Development Review & Floodplain Administrator
970-577-3740 (o)
806-674-6654 (m)
On Thu, May 5, 2022 at 4:49 PM Alex Bergeron <abergeron@estes.org> wrote:
[Quoted text hidden]
Alex Bergeron <abergeron@estes.org>Mon, May 16, 2022 at 10:35 AM
To: Jennifer Waters <jwaters@estes.org>
Cc: Planning commdev <planning@estes.org>
Thank you, Jennifer.
- Alex Bergeron
Planner II
Community Development Department
Town of Estes Park
970-577-3729
[Quoted text hidden]
Alex Bergeron <abergeron@estes.org>Wed, May 18, 2022 at 7:35 AM
To: Gary Rusu <grusu@estes.org>
Hey Gary,
I'm going to need to send the comments out today or tomorrow since I'll be gone next week (I know deadline says
Friday), so I thought I'd check in. Do you have any comments on this? I think Building is the last dept. to respond on this
one.
- Alex Bergeron
Planner II
Community Development Department
Town of Estes Park
970-577-3729
On Thu, May 5, 2022 at 4:49 PM Alex Bergeron <abergeron@estes.org> wrote:
[Quoted text hidden]
Gary Rusu <grusu@estes.org>Wed, May 18, 2022 at 8:16 AM
To: Alex Bergeron <abergeron@estes.org>
I'm ok with the variance, The applicant when he applies for a permit for the garage may need to meet some fire
restrictions for the construction of the building.
[Quoted text hidden]
--
-----
Gary Rusu
Chief Building Official
Town of Estes Park
170 MacGregor Ave.
PO Box 1200
Estes Park, CO 80517
26
5/18/22, 10:17 AM Town of Estes Park Mail - Referral for Comment: Schall Variance
https://mail.google.com/mail/u/0/?ik=f7fd0cc745&view=pt&search=all&permthid=thread-a%3Ar-8596512228675856933&simpl=msg-a%3Ar736602308…5/5
970-577-3728
email: grusu@estes.org
Alex Bergeron <abergeron@estes.org>Wed, May 18, 2022 at 8:16 AM
To: Gary Rusu <grusu@estes.org>
Thanks!
- Alex Bergeron
Planner II
Community Development Department
Town of Estes Park
970-577-3729
[Quoted text hidden]
27
28
29
NOTICE
On Tuesday, July 12, 2022, at 9:00 a.m., a virtual meeting will be held by the Estes
Park Board of Adjustment to consider an application for a variance for the properties
and purposes described below.
Legal Description: POR LOT 138 AMD PLAT AL FRESCO PLACE BEG SW COR SD LOT
138, TH S 89 20' E 67.7 FT ALG SRLY LN SD LOT, TH N 20 30' E 135.9 FT, N 46 35' W 109.5
FT TO PT ON NRLY LN SD LOT, TH S 87 35' W 33.2 FT TO NW COR SD LOT, TH SRLY A
Type and Intensity of Use: Applicant requests approval of a variance to allow a reduced
setback of 5' on the front and side lot from a 25' allowed setback and a reduced setback
of 8' on the front and side lot from a 25' allowed setback for two accessory structures
(Estate/1-Acre Min.) zone district and addressed as 458 Chiquita Lane. The purpose of
the request is to support construction of a two-car unattached garage and two existing
accessory structures on the site.
Owner/Applicant: Dennis and Robin Schall
For more information, please visit www.estes.org/currentapplications or contact the
Community Development Department at planning@estes.org or 970-577-3721.
30