HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2023-04-04BOARD OF ADJUSTMENT – TOWN OF ESTES PARK
170 MacGregor Avenue – Town Hall Board Room
Tuesday, April 4, 2023
9:00 a.m.
Estes Park, CO 80517
The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and
posted to YouTube and www.estes.org/videos within 48 hours.
AGENDA
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
CONSENT AGENDA:
1.Board of Adjustment Minutes dated January 3, 2023
ACTION ITEMS:
1.Election of Chair and Vice Chair for 2023
2.Variance Request 510 Moraine Ave Planner I Washam
8-foot side setback in lieu of 25-foot setback
3.Variance Request 281 W Riverside Dr Planner I Washam
This item is continued to the next Board of Adjustment Meeting, May 2, 2023
REPORTS AND DISCUSSION ITEMS:
1.Upcoming meeting items
ADJOURN
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.
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Town of Estes Park, Larimer County, Colorado, January 3, 2023
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. The meeting was held in said Town of
Estes Park on January 3, 2023.
Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman
Attending: Chair Moreau, Board Member Holtzman, Community Development Director
Jessica Garner, Senior Planner Woeber, Planner I Kara Washburn, Town Board Liaison
Barbara McAlpine, Recording Secretary Karin Swanlund
Absent: Newsom
Chair Moreau called the meeting to order at 9:00 a.m. There were nine people in
attendance.
APPROVAL OF AGENDA
It was moved and seconded (Holtzman/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.
Public Comment: none
VARIANCE REQUEST TBD Raven Avenue Senior Planner Woeber
The Applicant seeks a 10-foot variance to the minimum lot width standard for the RM
Zone District in accordance with Estes Park Development Code (EPDC) Section 3.6.C. If
approved, the property will be subdivided into five lots, each 50 feet wide.
Discussion: David Emerson, director of St. Vrain Habitat for Humanity, relayed plans for
providing affordable housing in Estes Park at a 60% AMI or lower. He thanked the Board
for hearing the variance.
It was moved and seconded (Moreau/Holtzman) to approve the variance request for
a 10-foot setback to the minimum lot width in accordance with the findings as
presented. The motion passed 2-0.
VARIANCE REQUEST 160 First Street Planner I Washburn
The Applicant requests approval of a variance to allow a reduced front setback of
eight and three-tenths feet (8.3’) and a reduced arterial road setback of twenty-two
feet six inches (22’-6”) in lieu of the fifteen feet (15’) and twenty-five feet (25’)
respective setbacks required in the CO (Commercial Outlying) Zoning District under
Section 4.4.C.4. of the Estes Park Development Code (EPDC). The Applicant
proposes eliminating three parking spaces in the subject area to construct a deck for
outdoor seating at the El Mex-Kal Family Restaurant.
Discussion: Member Holtzman requested removing the fourth parking space and
including a bollard. Backing out of those parking spaces is a hazard.
Mark Rismiller, the property owner, explained the reason for not using the 4th
parking space for the decking was due to Estes Park Sanitation concerns with
accessing the clean-out sewer lines. He will check with EPSD on the placement of
the bollard.
It was moved and seconded (Moreau/Holtzman) to approve the variance request for
reduced front setback and reduced arterial road setback for the subject property
addressed as 160 1st Street in the Town of Estes Park, with findings as outlined in the
staff report with the addition of installing a bollard to keep people from parking in the
fourth parking spot. The motion passed 2-0.
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Board of Adjustment, January 3, 2023 – Page 2
REPORTS
The comprehensive plan passed in December. The next project will be updating the
Development Code. A restructuring of the fee schedule will also be done in 2023.
The Community Development offices will be remodeled, hopefully starting in the Spring.
There being no further business, Chair Moreau adjourned the meeting at 9:23 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary
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Community Development Memo
To: Chair Jeff Moreau
Estes Park Board of Adjustment
Through: Jessica Garner, AICP, Community Development Director
From: Kara Washam, Planner I
Date: April 4, 2023
Application: Variance Request for Side Setback
510 Moraine Avenue, Estes Park
CS & NC, LLC, Owner/Applicant (Coffee on the Rocks)
Jes Reetz, Cornerstone Engineering and Surveying, Inc., Consultant
Recommendation: Staff recommends the Board of Adjustment approve the variance
request, subject to the findings described in the report.
Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land
Use): Mixed-Use Centers & Corridors
Zoning District: Commercial Outlying (CO)
Site Area: 1.69 Acres +/- (73,812 SF)
☒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 side setback of
eight feet (8’) in lieu of the twenty-five foot (25’) setback required in the CO
(Commercial Outlying) Zoning District under Section 4.4.C.4. of the Estes Park
Development Code (EPDC). If approved, the applicant intends to construct a partially
open pavilion.
Background:
The applicant purchased Coffee on the Rocks in 2006, and has been using temporary
tents since 2020 to host weddings and other special events. In lieu of utilizing temporary
tents and structures, the owner is proposing to construct a 20’ x 48’ partially open
pavilion near the western property line of the subject variance request. The pavilion will
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be 8 feet (8’) from the property line at the closest location. The existing coffee shop has
a setback of approximately 4 feet (4’) from the same property line.
Variance Description
This is a request to approve a variance to allow a reduced side setback of eight feet
(8’) in lieu of the twenty-five foot (25’) side setback required in the CO (Commercial
Outlying) Zoning District.
Location and Context:
The 1.69-acre lot is located at 510 Moraine Ave with frontage along Highway 36 to the
north and Big Thompson River along the southern property line. A large pond makes up
approximately half the parcel, and is encircled by a paved walking path that serves as a
natural focal point and recreational feature for customers. A large, paved parking lot
with thirty-five (35) spaces is located on the north side of the property with access from
Moraine Ave. Adjacent properties east of the subject property are zoned CO
(Commercial Outlying), and residential uses and zoned RM (Multi-Family), E-1 and E
(Estate) are located to the west and south of the subject property.
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Vicinity Map
Zoning Map
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Zoning and Land Use Summary Table
Comprehensive Plan (2022) Zone Uses
Subject
Site
Mixed-Use Centers &
Corridors CO (Commercial Outlying) Commercial
North Mountains & Foothills RE-1 (County Land: Estes
Valley Rural Estate) Undeveloped
South Suburban Estate E-1 & E (Estate)Residential
East Mixed-Use Centers &
Corridors CO (Commercial Outlying) Commercial
West Mixed Residential
Neighborhood RM (Multi-Family) Residential
Project Analysis
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: Special conditions exist that reduce the developable areas of the
property due to the large pond near the center and Big Thompson River along
the southern property line. Aerial imagery obtained from Larimer County
Assessor shows the pond existing prior to the owner purchasing the property in
2006.
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: Without the variance, the property can continue being used as a
coffee shop. However, the occasional events at the facility would be enhanced
with the construction of a permanent pavilion.
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b.Whether the variance is substantial;
Staff Finding: The variance request for a reduced side setback of eight feet (8’)
is moderately substantial. In addition, the existing coffee shop on the property
has a setback of approximately 4 feet (4’) from the same property line,
significantly less than the twenty-five feet (25’) setback required per code. The
proposed setback would not be uncharacteristic for the property.
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 that the Commercial Outlying (CO) character of
the immediate neighborhood would be altered, nor would adjoining properties
suffer a substantial detriment as a result of the variance. Events have taken
place in temporary tents located in the subject area of the proposed setback
variance for nearly three years without complaints from the neighboring
properties.
d.Whether the variance would adversely affect the delivery of public services
such as water and sewer.
Staff Finding: No public utilities would be affected by the variance request. A
grease interceptor for the coffee shop would need to be modified to
accommodate the proposed concrete patio, and access to it would be
maintained. In addition, the water service for the coffee shop is in the general
vicinity of the proposed improvements, and requires coordination with the Utilities
Department and the Sanitation District prior to and during construction.
e.Whether the Applicant purchased the property with knowledge of the
requirement;
Staff Finding: It is unknown whether the Applicant purchased the property with
knowledge of setback requirements.
f.Whether the Applicant's predicament can be mitigated through some
method other than a variance.
Staff Finding: The Applicant’s predicament could potentially be mitigated by
locating the proposed pavilion to another area of the property. However, due to
the location of the existing coffee shop, pond, river, and patio this would require
significant disturbance to the property.
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
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make reasonably practicable the formulation of a general regulation for such
conditions or situations.
Staff Finding: Not applicable.
4.No variance shall be granted reducing the size of lots contained in an existing
or proposed subdivision if it will result in an increase in the number of lots
beyond the number otherwise permitted for the total subdivision, pursuant to
the applicable zone district regulations.
Staff Finding: Not applicable.
5.If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The proposed variance would be the least deviation from the
Development Code.
6.Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of
this Code for the zone district containing the property for which the variance
is sought.
Staff Finding: The applicant requests a setback variance in order to construct a
partially open pavilion to be used for occasional outdoor events. This use,
categorized as an event facility, is permitted by right in the CO (Commercial
Outlying) zoning district per Table 4-4 of the EPDC. In addition, the primary use
of the property, categorized as an eating/drinking establishment, is also permitted
by right in this district.
7.In granting such variances, the BOA may require such conditions as will, in its
independent judgment, secure substantially the objectives of the standard so
varied or modified.
Staff Finding: Not applicable.
Review Agency Comments
The application was referred to all applicable review agencies for comment.
Public Works: Does not support the setback variance request due to the proposed
pavilion being situated in the Special Flood Hazard Area (SFHA). New construction in
the SFHA should be minimized whenever possible. There are concerns that in the event
of a flash flood, evacuation could be problematic due to the proposed pavilion serving
as a gathering place for large crowds of people. A Floodplain Development Permit
(FDP) will be required to construct the proposed pavilion. However, the setback
variance request is independent of the FDP process.
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Estes Park Utilities: No objection to the setback variance request but remind s the
applicant of the privately owned water service line located in the vicinity of the proposed
pavilion structure.
Upper Thompson Sanitation District (UTSD): No concerns with the setback variance
request but will make further comments once the location of the grease interceptor and
its service laterals are shown on plans for the proposed improvements.
No other agencies had concerns or comments.
Public Notice
Staff provided public notice of the application in accordance with EPDC 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 Feb ruary 15, 2023.
●Legal notice published in the Estes Park Trail-Gazette on February 17, 2023.
●Application posted on the Town’s “Current Applications” website on February 15,
2023.
Advantages
This variance would allow the Applicant to construct a permanent pavilion structure to
replace the temporary tent that has been used in the subject location for the past few
years. The proposed pavilion would allow the business to continue hosting private and
public events for the community.
Disadvantages
There are no known disadvantages of the variance to allow a reduced side setback of
eight feet (8’) for the subject property. However, the proposed pavilion is situated in the
Special Flood Hazard Area (SFHA), and a Floodplain Development Permit (FDP) will
need to be issued if the setback variance is approved and the Applicant proceeds with
the proposed improvements.
Action Recommended
Staff recommends approval of the proposed variance described in this staff report, with
setbacks consistent with the Site Plan for Coffee on the Rocks Pavilion provided in
Attachment 3.
Finance/Resource Impact
N/A
Level of Public Interest
Low.
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Sample Motions
I move to approve the variance request for reduced side setback of eight feet (8’) for
the subject property addressed as 510 Moraine Ave. in the Town of Estes Park, with
findings as outlined in the staff report.
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.Application
2.Statement of Intent
3.Site Plan
.
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January 19, 2023
Mrs. Jessica Garner
Community Development Director
Town of Estes Park
P.O. Box 1200
Estes Park, Co. 80517
RE: 510 Moraine Ave
Structure Setback Variance Request
Dear Mrs. Garner,
Cornerstone Engineering and Surveying, Inc. (CES), on behalf of the owner of Coffee on the Rocks,
is submitting a variance request for a proposed pavilion setback at 510 Moraine Avenue, Estes Park,
Colorado.
Legal Description
Subject property is a metes and bounds legal description as described in warranty deed recorded at
Reception No. 20060090220 dated 11/30/2006 in the records of the Larimer County Clerk and
Recorder.
The property is also identified as Parcel No. 3525300003 in the Larimer County Assessor records.
Variance request:
Table 4-5
Density and Dimensional Standards for the Nonresidential Zoning Districts
CO, Minimum Building /Structural Setbacks abutting Residential zoned district, Side - 25 feet. The
owner is requesting an 8-foot setback.
Project Description
The owners of Coffee on the Rocks purchased the property in 2006. Temporary tents have been
used by the owner since 2020 to host weddings and other special events. In lieu of utilizing
temporary tents and structures, the owners are proposing to construct a 20’ x 48’ partially open
pavilion along the western property line. The pavilion is proposed to be 8-feet from the property line
at the closest location. Currently, the existing coffee shop resides 4-feet more or less from the
property line.
Practical Difficulty
2. When determining “practical difficulty” the BOA shall consider the following factors:
a. Whether there can be beneficial use of the property without the variance;
a. The property is currently used as a coffee shop and has held events utilizing
temporary structures. The proposed structure does not provide a change of use and
only enhances the venue quality.
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510 Moraine Avenue, Request for Variance Setback
Parcel Number 3525300003
Page 2 of 2
January 19, 2023
b. Whether the variance is substantial;
a. The variance would be considered substantial with a required 25-foot setback due to
the property abutting a residential zoned district. The owner is requesting an 8-foot
setback due to existing constraints on the property. With the existing coffee shop
currently 4± feet from the property line, the proposed setback is not uncharacteristic
for the property.
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;
a.The variance would not have a significant impact on the neighborhood. Events have
taken place without complaints from the neighboring property. The proposed
structure would also provide more visual and sound barrier for the adjoining
properties.
d. Whether the variance would adversely affect delivery of public services such as water and
sewer;
a. No public utilities would be affected by the variance. A grease interceptor for the
coffee shop would need to be modified to accommodate the concrete patio. Access
to the grease interceptor would be maintained. In addition, the water service for the
coffee shop is in the general vicinity of the proposed improvements.
e. Whether the Applicant purchased the property with the knowledge of the requirement;
a.The applicant purchased the property in 2006 with the intent of opening and
operating a coffee shop. During that time the owner identified the need for wedding
venues and special events in the Estes Valley. In 2020 they began holding wedding
and special events on the property. Based on the existing structure proximity to the
west property line the owner was not aware of the required setback.
f. Whether the Applicant’s predicament can be mitigated through some method other than a
variance;
a.With the existing physical constraints between the existing building, pond, flood plain
and grades, no alternatives are available without a variance request.
3. The conditions on this property are unique for Estes Park considering the abutment to the Big
Thompson River and the pond.
4. The proposed variance will not reduce the size of the subject property or create additional building
sites.
5. The requested variance represents the least deviation from the regulations that will afford relief.
6. The proposed use of the pavilion (weddings and events) is allowed by right within the CO –
Commercial outlying zoning district.
Sincerely,
Cornerstone Engineering & Surveying, Inc.
Jes Reetz
Planner
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SHEET TITLE:
1 CLIENT:
SHEET
PROJECT TITLE:
11001-001
JOB NO.SHEET
DATE:
SCALE:
JAN 2023
AS SHOWN
APPROVED BY:MST
REVISION:BY:
CHECKED BY:
DRAWN BY:
DESIGNED BY:
DATE:
MST
JLR
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COFFEE ON THE ROCKS
SITEPLAN
PAVILION
COFFEE ON THE ROCKS
2023 CORNERSTONE ENGINEERING & SURVEYING, INC.
COPYRIGHT - ALL RIGHTS RESERVED
1692 BIG THOMPSON AVE.
SUITE 200
ESTES PARK, CO 80517
PH: (970) 586-2458
FAX: (970) 586-2459
SITE STATISTICS:
Utilities:
Water Town of Estes Park Electric Town of Estes Park
Sewer Upper Thompson Sanitation District Gas Excel
Telephone Century Link
AVERAGE SLOPE = ~4.0%
ALLOWABLE MAXIMUM NET LOT COVERAGE (80%):
GROSS/NET LAND AREA -73,616± SF 1.69± ACRES
SITE LAND AREA COVERAGE STATISTICS COVERAGE % LOT
(GROSS LAND AREA - 73,616± SF)
EXISTING LOT COVERAGE
Buildings 1273 sf 1.74%
Parking/Drives 10651 sf 14.47%
Walkways/ Patio 1250 sf 1.70%
PROPOSED LOT COVERAGE
Pavilion 900 sf 1.22%
TOTAL IMPERVIOUS COVERAGE 25,500 sf 19.12%
TOTAL OPEN SPACE 11,350 sf 80.88%
SITE STATISTICS:
THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 5
NORTH, RANGE 73 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE THE SOUTHWEST CORNER OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 25 BEARS
SOUTH 61°00' WEST 1007.8 FEET;
THENCE NORTH 40°30' EAST 195.1 FEET;
THENCE SOUTH 49°30' EAST 140 FEET, MORE OR LESS TO THE CENTER
OF THE BIG THOMPSON RIVER;
THENCE SOUTHWESTERLY ALONG CENTER OF SAID RIVER TO A POINT
FROM WHICH THE POINT OF BEGINNING BEARS NORTH 29°47' WEST 380
FEET, MORE OR LESS TO THE POINT OF BEGINNING,
COUNTY OF LARIMER, STATE OF COLORADO.
LEGAL DESCRIPTION:
CS & NC, LLC
510 MORAINE AVENUE
ESTES PARK, CO 80517
PROPERTY OWNER:
PROPERTY SIZE = 1.69 ACRES
ZONING - COMMERCIAL OUTLYING (CO)
HIGHWAY SETBACK = 25 FEET
SIDE SETBACK (EAST) = 15 FEET
SIDE SETBACK (WEST) = 25 FEET
RIVER SETBACK = 30 FEET
VARIANCE REQUEST:
TABLE 4-5 [6] STATES;
"SETBACK SHALL BE INCREASED TO 25 FEET IF THE
LOT LINE ABUTS A RESIDENTIAL ZONING DISTRICT
BOUNDARY"
OWNER PROPOSES AN 8-FOOT SETBACK TO THE
PROPERTY LINE.
40
SCALE 1" = 40'
0 40 80 120
LEGEND:
SCALE 1" = 1000'
VICINITY MAP
MAP TAKEN FROM ESTES PARK DIGITAL MAPPING
SITEPLAN
COFFEE ON THE ROCKS PAVILION
510 MORAINE AVE.
ESTES PARK, CO 80517
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