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Home My Public Portal AboutZBAP 2001-06-26E • • • TOWN OF ERASER "Icebox. of the Nation" ~ P.O. Box 120 / 153 Fraser Avenue fraser, Colorado 80442 (970)726-5491 ~~ 6a~ FAX Line: (970) 728-551>3 - X60 E-Mail: fraser®rkymtnhi.com Town of Fraser Zoning Board of Adjustment Regaiar Meeting Agenda Town'Ha11,153 Fraser Ave Jlune 26, 2001 - 7:30 p.m. Roll Call ,Approval of Minutes fi.~~ the Sept 16, 1999, Jan 19, 2000, and Jan 26, 2000 Meetings Open Forum - Action Items Crooked. Creek Complex Iliariance fr ~,~.~ rnini»ar~»a parking require»aents Discussion Items Staff Choice Commissioners' Choice I ýÿ TOWN OF ERASER • "Icebox of the Nation" ~ P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 E-Mail: fraserC~rkymtnhi.com MEMO TO: The Zoning Board of Adjustmenrt FROM: JeffDurbin DATE: June 22, 2001 SUBJECT: Crooked Creek Complex Parking Variance Request The applicant is hoping to resubdivide the property as outlined in the attached memos to the Board and Planning Commission.. No physical improvements are proposed to the - prop.:,y C~ at this time. The ~ ~, , ~ ~ ~ osal requires ~.~. ~„~ ral of a parking variance prior to any . subdivision ar r ~ ,, ~ val, thus the request is now before the Zoning Board. The T ~ ~ ~ .; .. Bow. ~ ~ . considered the variance and recommended that the Zoning Board accept the variance but ~_ . that the Zoning Board and the applicant w~...~ diligently to satisfy the following: ~ ~ . 1. Provide additional parking along the north property line. ' .. - 2. Provide a written agreement with the Union Pacific Radway. ~_ - . 3. Obtain a long term lease a~.~~;;.Y.ent with Byers. Peak Vets. , - • 4. Consider mad-,.,rAin;na only 2 units on the third floor. (rather than 4}. - 5. Investigate any other options to ry~„~ /ide additional parking. " 6. Assign one on-site space to each.condo, _~;.~..ainder to be open. - - - - ;. = The Board of Adjustment review of variance requests is guided by criteria as established - ~- by the Zoning a.~..ance. The Board must approve specific findings relative to the .~.y.~estalong with`ar~r. „~ ~aUdenial~ The Zoning~Ordinance e.4tablishes the criteria fora variance as follows:. 1. That satisfactory proof has been presented to the Board of Adjustment showing that the present or proposed situation of a requested building, structure, or use is reasonably necessary for the convenience or welfare of the public. 2. That the variance which is requested would not authorize any use other than uses enumerated as a use by right of the district. 3. That an unnecessary hardship to the owner would be shown to occur if the provisions of the Zoning Ordinance were literally followed. 4. That the circumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of passage of the Zoning Ordinance, and cannot be reasonably corrected. 5. That the variance would not injure the value, use, or prevent the proper access of lighted air to the adjacent properties. 6. That the variance would not be out of harmony with the intent and purpose of the Zoning Ordinance. TOWN OF ERASER "Icebox of the Nation" ~ P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 E-Mail: faser®rkymtnhi.com MEMO TO: Mayor Soles and the Board of Trustees FROM Jeff Durbin DATE: June 15, 2001 SUBJECT Crooked Creek Complex Currently, the Crooked Creek Complex (the Crooked Creek Saloon and Restaurant, the 12 unit apartment building, and the associated grounds) is under single ownership and sits on property•that consists of an assembly of several lots. The owners hope to resubdivide _ the r.~„r.erty to convert the apartments to condominium units and to provide the same for the commercial r: „~, erty. ~_ . The Planning Commission initiated hearings on the preliminary plat, however, continugii the hearing as a variance from the minimum parking regt.:.:....ents is needed prior to. • consideration of the plat. The apartment building was constructed in compliance with the parking requirements at the time (which were lower than today). The saloon was existing at the time of the apartment construction. Since that time, the minimum parking requi.~,...,ents have increased and the ~.~~rertY lost parking spaces due to road improvemerrts. Thy applicant is requesting a parking variance, which must be approved prior to any subdivision approval. At this time, we have not resolved subdivision issues as the parkiflg variance is critical to any approval. The current code requirements would resu~t in,~the,need for 24 on site parking spaces for the residential units (2 per unit) and approximately 20 for the commercial (an estimate, depends on actual square footage). The subdivision code species that zoning and other code requirements must be complied with in order for subdivision approval to be granted, thus the variance request. As you know the procedure for a variance is that the Town Board reviews the request first and provides the Zoning Board of Adjustment with a recommendation. A hearing has been scheduled with the Zoning Board on June 26~'. Attached for your reference is a copy of the site plan, my initial report to the Planning Commission, a letter from Mr. Kinney, and a proposed parking arrangement with Byers Vets. Staff s recommendation on this matter would hinge on the philosophical question of • should downtown development be allowed to make use of public parking. Many .~ fug Feel free to coed one ~~d Y~ n~ ~ ~~ that the d~opmsnt • vide P .. own own emiu'om°snta rely on theme ~~~~, P~nrmgd ~ - • to a~td a th~at~ ~ ~a~vh' ~~Op'°n~oot ~~d be dsvdoPment pro`nd~y~ ~ Board should ~ ~ ~,~,~d to '~~d notice Addrt- ~~~ one use, ap~tn'o~ ~' ~ ~ the av~re1Se P~OII on the comP~~ ~'' ~',, ~ ~ case, 3n ~ Hugh we sho ~e~ tber Cheer the type of Dame ~ art from ~ t~ho~'f ~ ~° I would seek ~ ~~,~would not cause any code cos~i~ co won. ~$omostion. ~,ti, ~;:- -_ . . • • ýÿ ~~ 4 + 1 X- ~ , S ' t ..n. ~~ 1 S.S. • r r+~+ V 1 V V 1.. V V .L V $.S. _ I ~ 'P P -' ~• s ` ,gyp g a . S ,,, S' y1 • ~' ... p S.S. S.S. . rte, '• ,..~.;,. ~.~~r~~yAlEp SFWlEO COMMON AREJ- r. H~ t, ~ry~:~~jj ~ `3y 44.2' - ~ •t.;,~ k ~ ~1~,~ O: .' . ~• .y r 9 ~ ;' t' ~~ a 'Y x• 3 ~ . . t1 s 's 1 L • s ~ x .. ~ S.S. ~- • ; , ~,,. ; ~, ~~. • ~, ~~. "'{` ~ FRAME ~` . ~~' ' ~ •.., f ~ ~ ~ wrJO . ' ~'~ ' ~ ~ ! R '. t'f~~1~~9 v ~~;~ ~ '' ~ ' • `~ ! .S•L " • ~ `.. S 419 ~ !" ~ ~' V. R ~ • ~'~' ~ ~ • ~ ~ry{~ Td •~ A`~ 9 '~ / .4'~. RijM4, -, - +. vs ~ ~ xxe ' ~ ' • ' r `~ aY9• r ~ i ,a.r4tZ rr .'f.:.} - ~ gip,r 9• .. ' ry ~' °' ~ • '~ tw ~Qr: 9F='". P S~fo. y R•^i, . ;,a ': ~ F -:::tip ;• i ,• t °~;*,~~ a ,.; ~' :'~ «~N~ six ' h~'S5'41'"W. ~ ~ `213.33' ( Y ~ ~ ~ ' 1 C r e•• r ~ V•( 6 d' -P-- ~~ 1 k ~~ G ~~~~ V' ~` ~t3` ~ ,~ , ~ ~ y ~'O. ~~ ~ ~~ `~3 ~ O ~~-• ~~ 0.7 24.2' 0~ CONCRETE StDEY~-ALK OllT COMMERCIAL COMMON ýÿ • • TOWN OF ERASER "icebox of the N'doe" P.O. Box 120 / 153 Freest Averws Preset. Coloretb 80/42 (870)728.5481 FAX Lire: (970) 728.5518 E-Mail: freserOrkymtnM.cxNn MEMO TO: The Planning Commission FROM: Jeff Durbin DATE: May 16, 2001 SUBJECT: Crooked Creek Condominium Plat This is a public healing regarding a Major Subdivision Preliminary Plat. ~o~ ~~ ~ Sel'up ~v n~, The applicant is this caso is requesting plat approval for a pri plat for a major • subdivision o~tlte Crooked Croak Compleac (The Saloom •The 12 unit burl i astroc~ated site). A°s you know this fiu~ity exists todaY~ no P~~ ~ P~Po. applicant is simply hoping to change the ownership pstteni such that the • woitd converted to~condominam~s capable ofbeing sold individually and 1r~cewise for file Crob~ka Creek Saloon. Additionally; the plat is proposed to~vacste all the old individual lot ka ~...v.~te one commonly owned property. • : - ~~ The foIlowigg is a stm~maij- ofthe criti.~l issues: -- • The covenants and .,~~,,t~,'ctions have net been r~.~:,.,~nted for ,,,~;, ~'.ew. ~~ Thin is as important par•!Y • ~.~ the reviser process due to the establishmti~a~~t ofthe condorninium.,y~he common ,z,..~~~.,, ark the regulation of such matters as parking. Accordingly, the Town Attorney's review is pending ~ ~' The attorney wdl also review the title ia~tn~ance commitment when provided. The plat needs revisions including such things as the title, ~~,.~Sications, site daze (r.e. parking .~.~ . . ~ , , ~ ~ ~ n~iorls), and we need to confirm that it is consistent with the covenants. Additionally, the' plat should specifically vacate the old iruternal lot lines. These are rather minor technical issues, the plat as r,. ~;..,~ented does provide an accxuate picture of the site improvements. I am working on confirmation that the facility (especially the apartment building) was constructed in a fashion that would be conducive to condominiums, in terms of building code issues. This would involve things like fire walls, utility services, egress, etc. The facility was constructed prior to adoption of our current codes, and would not comply with the minimum parking requiL ;,~..ents ts. The Subdivision Code does specify that no application for subdivision shall be approved if not in compliancg~ ~, with, among other things, the subdivision design standards of the Subdivision Code J and the Fraser Zoting Ordinance (parking). Variances could be requested and approved for loth. these issues. The Zoning Board of Appeals would have to address the parking variance, and the Planning Commission, as specified in the Subdivision Code, could grant a variance from the open space provisions. Public hearings have not been scheduled for either matter. ~'~ p _ ~~~_;~ 01~ i -~- rn~~ use ~- •• ti ~ O ~~~~ O `~ 4+ ~~ V 0 ~ ~ ~ $ :~ ~ ~' L~r ~.~ O8~ 4. ;~ + ~ .,~ ~ ~=~~~~ ~.. ~~.~~~ ~o~=~ ~' ~v ~ ~ .~ °~ V ~ 4 4~ .v .'y ~ ~~~ .8 • ~, ~go Q ~~ o S y~8 ~ w 0 ~ ~fi 4C O `. /~ V ~ . ~o~ ~ • • S. k. ~ ~~ t>3 t~•~. ~~. tL~~ ~~;';*,~ ~' `. =,~:: ~~~. ti~• a'~~. »4. "`~, .. •;.~ i• 4 H 'y~h 2~,5 '.y.:. j'h'3ry :•*~• . °' - . •'`~+ :~ ^, ~~~:: . /. :. ~~!I'r . ~~,~t~ ~ r ~~~ ~ ~~ ~ z. 11N ~, T~~ li 4~.~ eP 4 6; . ~'( Y * ~, Tl~~' j' l ~' 1 !sb m~ •a 7 . 3Y+'• ~ S~ Ott ,g~i~ - /~atYA B~~1ry .y_~~, ~ 'R`4 sr9~~ ter ~ ~,~~. •~~" K S' ~ ; . . ~ ~' ,`, . y ~ ' f ' j ~u "~ Y ~.~ ~• a 4 E ;43 % ~ ~~~~~1~" i ~ 1: .. .. i n , is ~i`t . , 1.~6 k`S~'' ~ ' k j~ ~ 4 ; d r .. t i e ~ ~ . e . i r t~j .' .+; ;~3 ~~~ y» . ~- • +e ~ 75 , ~ ~ a~ 4 ~ y r::Y'7 ' . 1. • fS'rl ~Y? .:i ' :r~ . ~: ~.jbA'.. * C • ýÿ !'~ • Date: May 22, 2001 To• , Planning Commission • Zoning Board of Appeals Chuck Reid Jeff Durbin Re: Crooked Creek Condominium Plat l =,.~~: U.D.F.V. LLP -Tim Kinney, Manager In 1984 Tim Kinsey and MOce Winey befit the 12 unit apartio~~,~t building at 250 Fraser Aver ;:~:. .~; behind the Crooked Creek Saloon. It was vonstructed with 12 indtindual el~ .d.:cal ' ~:: ~> ~- e ~~~,~~•,~g~ boxes motmted acc~'bly on the ,:~~:~:ar,1/1/2 ~,~ k. ~G ~ fireproofing on the floors, double sbeet rock andsoimdboard on the wa1L~ o~ ~ ~s :.~., d post and beam, and fire t. Mz~~o;~d deck ~ ` .. for more than two hour burn strength. ~`, :~' :~:~ °~ As planned origuially, it was built to be condommiumized when our partnership mattn+ed. ~~ W~~e} h}a~d~18 parking spaces because' /code required^N~1.5 parkingVSpaces P/~e~r~twgo bedmom unit. ~ _ ~ ~, , thatWYV~nor1~.~~~Y~.IYVYYI~~~V~~1~~Yp~F.IZ~~IIt~. l~e~ iMe1V ~~~VkrYV c`~ F)) ry' ~4 nor a~- ...orbs on highway 40 either. These was diagonal parking on highway 40 and Fraser" .., ~, ':` P~~ P~8 Parallel P~8 allows. `' ` '°~"„ ~~'~ which twice as much a.4 a~R .. `. A few y ~~s ago, to my and most ofthe town of Fraser residents's ~,: ~~.: phzs~~.~~, :, the town of - '- .. ~ ;'~ :. _: ,~.,.. . Fraser put in curbs, gutters, sidewalks and moved the sip ~:.:.~. We no longer lived surrounde~l~by mud and blowing grit from the dairy ail:~~.,oon wind. We did however ehminaxe diagonal ~. paBcing in favor of r~.~llel perking. F ~~' Due to ~~~~,/ 1900's survey ~;,y.~~..ti, old town Fraser's layout was aPproxiwstely 10' shined from ~,:.~ . . later surveys. The new paved Fraser Ave. with ~....1,.~, gt.:G;..3 and sidewalk eliminated aU diagonal Parking on the right of way and gook two r,~ ..i~~,ng spaces :~ ~~ ~,,. ~. the Apartment Building. We (the town, the town engineer, Ed GpcL., Clay Brown the town manager at the time) all agreed the imp, ~, , ~ ~ cement was worth the loss of r~~~ around the site. Clay Brown and the D& RGW Railroad personnel and I at,.;,;,d to have me pay to pave the Railroad Station parking lot. In return wafers allowed overflow and overnight parking between B dr ~ stations at the railroad station parking lot. We designed 500' of flower beds and gardens within, and around the sidewalk and curb p.,~...~. Crooked Creek complex on highway 40 and Fraser Ave. has h~:..~ awarded the town of Fraser`s "Most Attractive Business Award" every year because of these gardens and flower beds. • ýÿ ;~' ~ ~ In 1984 when uro applied for, and were awarded a building permit for the apartment building at 2S0 Fraser AKe, aro were given a variance for groan spa ~.. We agreed to make landscaped yams . and gardens and to help e~ablish a bus route >I+om Fraser to the sld ae+ea. At that time, the bus ' from the sld area did not crone do the town of Frnser. The ski area did not want to pay the ~.~~.~~~,,, bus driver etc... C.B. Jensen's be+otl~er Jay was chairing the commission and we agreed to contributie the 1' S1,S00.00 m pay thQ bus drhrca. Other bps r .~ ,ions ~ ~ ~ w ..~ recited and the old town Fraser loop was added to thq bus ,~ ~ ~ ~ em. We a .~ . shy on g~ space, ad i . ~,,, ~ , i the issue, and a ,~,. geant..d a varianix in 1984. • In 2001, my partner lufike Wineq dt I (Tm~ Kinney) want to bring our plan to mat<aity a.4 setup in 1983. The slowly changing turnover of pmg~s, i~ormation storage, and r ~..~offiel lies somehow ~m~dermined our position I ha`ro m re- apply for a x~~`` _ ~ ~ ~ ~ variance I '~~ ` ,' `_ . ~q.-~s a1Mr~dY~gren~ed/.gv~I~1.~/. ~. a "problems in '~ ~- '~ ~ ...w ~M.Y AMY i- _~~ xC 1 ,.f Y~taL i . ~.. ~' - ti ' ~ '°`'''}.~y. -:Y rSa ~$'ffg .~. ,, lA, a ~ ~.R~ r ,r -. ,~ ~? ~, ~'r~r-r,„ j _ ~ ~ Q "k` ~ .tea In and eta wh,ea dable ho is a two bedroom, two b®th n~1it~cg 6150 OOQ~to `~~ ; °r~- ti 6180,000, We A.,. .~:. ~,~.: - .~ ~ ~~~<-~ ~, propo.~ ~ to sell taro bedroom na~'undea $100,000 ~ t ~~, towns taz L ~.,~~~ ~. ~° r ~ - - ~ ~;.~; - ~ - _ dw... ~.. r: I want ~to consider the l~a~y of mq effort aid peimit ~ . - - T of baisin as on ' ~~zr~- me to change the ownership r -;ti .ti. my ..~.> 8~Y approved by th~a town of T,.~..~,~: in 1984. . , -~ ~~ • .. ~5c",...:' .ate .:". . • ýÿ • Lease of 4 Parking Spaces F.~,... Byers Peak Veterinary Clinic This lease made this day of , 20 d i between Crooked Creek Complex Homeowners Association, the "T t", and Byers Pet Veterinary Clinic, the "Landlord", in consid:,.~ion of the payment of the .:,..:, and the perP~y...ance of the r.~~...ises by the Tenant set forth below, the Landlord does hereby lease to the Tenant the following described four eastern most parking spaces situated in Fraser at the Byers Peak Veterinary Clinic on the corner of Fraser Avenue & Railroad Avenue. To have and to hold som~ unto the said Tenant from 12 o'clock noon on the ! ~( day of .T~ , 20 0 ( ,and until 12 o'clock noon on the ~ day of June 2002 renewable annually at and fora . ~.a~1 to Crooked Creek Complex Homeowners Association for physical repairs, maintenance, and snow .,...oval of parking lots and the Byers ~~'~ ? ~~; ~ , Peak V;,l;..:nary Clinic ~..~. . -- ~~~~~ - `' J'•'. The Tenant in consideration of the-leasin of the ~`~~'=~ `` °~` g parking spaces, a~,.~~~.s as follows: ,,~~ 1. To .:;~~r M1 pay the ~~;...~ for the parking spaces above, described in the form of immediate repairs and 4~ ~+ maintenance to parking spaces and lot and plowing of snow ~~.,... the parking lot and the Byers`, ~. Peak Veterinary Clinic ~...,~ or on an as needed basis (3" or more snow). ~`. ;~~ ~_ . ,, 2.) To keep the i..~r~,,:~~ vements upon the land, including drainage ditches, culverts, lights in as ~ _t~-,r r good repair as at commencement of this lease at Tenants expense should damage occur and at the ~ , . } ~, expiration of this lease to si...~;,...der the r~.l.:ng spaces and lot in as good condition as when the ~~`".~Yf Tenant entered into this a~,.~;,;,Y..ent, ordinary wear and tear excepted. ~ `'~~~ ~-,, . , 3. To sublet no :~-~;;~ `'"`~A part of the parking spaces, and not to assign the lease or an}- interest therein :;;<ke~. without written consent of the Landlord. ;:,:-.,__ . _ 4.) To use the parking spaces only as parking spaces and to use the parking spaces for no - purposes prohibited by the laws of the City & Town of Fraser and for no improper or ~ - questionable purposes whatsoever and to occupy the same only as parking spaces. 5.) To the extent by applicable law to neither hold nor attempt to hold the Landlord liable for any injury or damage occasioned by using the parking spaces nor to r;.....it any sign or card to be placed on the parking spaces nor to make any alt:..~.l:on or changes in parking spaces without written consent from Landlord. 6.) No assent, expenses or implied, to any breach of any one or more of the Agreement hereof shall be d,:~;....ed or taken to be a waiver of any succeeding or other breach. 7.) If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Tenant contained herein, it shall be lawful for the Landlord to declare the term ended and to enter onto the parking spaces ,either with or without legal process, and to the Tenant and any other ~,:,..~on occupying parking spaces, without a breach of the peace, and without being liable to prosecution or in damages therefore, and to repossess the parking spaces free and clear of any rights of the Tenant. If, at any time, the Lease is ten~inated under this paragraph, the Tenant agrees to peacefully surrender the parking spaces to the Landlord immediately upon termination. • 8.) In the event of any dispute arising under the terms of this Lease, in the event the matter is ýÿ s fumed over to any attorney, the party prevailing in such dispute shall'be entitled, in addition to • other damages and costs, to receive reasonable attorney's fees from the other party. 9.) Laadlords insurance does not cover Tw~.~~: •,~;:~~ r ~. , ~ ~ ~r arty, and Tenant should have their own insurance. 10.) To pw~st no nuisance whatsoever on said property to the disturbance of other property owners and Landlord. The Landlord a~,. ~:.;..y to provide the above described parking spaces to the Tenant. In the event those above described parking spaces are not r~-~~~ aided as described above, the repairs and maintenance of the parking ~.;,,~ around the Byers Peak V:a:,.:nary Clinic will be terminated immediately and scow .~;,..~•oval will also stop. This lease shall be binding on the parties, their personal ~~Y~~~.,entatives, successors, and, assigns. ., ,.. ~,,ti.., r a. ~ ::: 7 Executed this ~ / `7~ . daq• of 2001. .~ ,air. :~- . - - .~ ~ - ..,~. .. ("'~ 1" t~4~ ~",4~t I ~f j~ t`r° fi Shauna Sutton - ~'~", • unoth Kr e Byers Peak Vetenmars- Clinic, Owaner y on j` CCS, lnc., "t ; ~ ;~ .~ ~ •~ ~~ 1,~ F~4v < a ~ a Rl iIF, _ ,~ _. t }.i I., • L $y . '$ ' • •,( u:1 ~•y'. r~7 T` s' •