TOWN OF GRAND LAKE PLANNING COMMISSION Regular Meeting 7:30 P.M. Wednesday, July 20, 2016 AGENDA I. CALL TO ORDER II. III. IV. ROLL CALL APPROVAL OF MINUTES A. July 6, 2016 (page 2) UNSCHEDULED CITIZEN PARTICIPATION (This time is reserved for members of the public to make a presentation to the Commission on items or issues that are not scheduled on the agenda. The Commission will not make any decisions on items presented during this time.) V. CONFLICTS OF INTEREST VI. VII. VIII. ITEMS OF BUSINESS A. PUBLIC HEARING - Consideration to recommend vacating a portion of the Ellsworth Street right of way located adjacent to Lots 1-5 Cairns Addition to Grand Lake; more commonly referred to as 528 Lake Avenue (page 14) B. PUBLIC HEARING - Consideration to recommend granting variance to Municipal Code 12-2-29(A) Stream and Lake Setbacks for a structure located at Block 14, Grand Lake Estates 2 nd Filing; more commonly referred to as 700 Lake Avenue #9 (page 30) C. PUBLIC HEARING - Consideration to recommend granting variance to Municipal Code 11-4 Boardwalks, Sidewalks and Community Greenways for Lots 9-12, Block 9, Town of Grand Lake; more commonly referred to as the 901 thru 913 Park Avenue (page 43) D. APPEAL HEARING - Consideration to grant an appeal to a denied building permit application located at Lot 12, Block 10, Town of Grand Lake; more commonly referred to as 913 Grand Avenue (d.b.a. Grumpy s Saloon) (page 46) OTHER ITEMS OF DISCUSSION A. Municipal Code 12-2-31(B)4 [Conditional Use] Nightly Rental Licenses (pg 59) B. Commission Comments, Concerns or Inquiries ADJOURNMENT To insure that the Planning Commission will have a quorum please contact Town Hall if you will not be able to attend.
MINUTES PLANNING COMMISSION REGULAR MEETING JULY 6, 2016 7:30 P.M. CALL TO ORDER: ROLL CALL PRESENT: ABSENT: Chairman Hayden Southway called the regular meeting of the Grand Lake Planning Commission to order at 7:33 p.m. on July 6, 2016 at the Town Hall, 1026 Park Avenue. Chairman Hayden Southway; Vice-Chairman Robert Canon; Mayor Jim Peterson; Commissioners Jim Gasner, Lance Sabo and James Shockey; Town Planner Joe Biller and Town Code Administrator Tony Rendon. Chairman Southway reported that Commissioner Paul Gilbert was absent. Commissioner Gasner moved to excuse the absence, seconded by Commission Canon. All members of the Commission voted aye. Commissioner Shockey left the meeting early at around 8:45pm. Commissioner Gasner moved to excuse the absence, seconded by Mayor Peterson. All members of the Commission voted aye. APPROVAL OF MINUTES: Mayor Peterson moved to approve the minutes of the June 1 st, 2016 regular meeting as written, seconded by Commissioner Canon. All members of the Commission voted aye, except Commissioner Gasner who abstained. Commissioner Sabo moved to approve the minutes of the June 15 th, 2016 regular meeting as written, seconded by Commissioner Shockey. All members of the Commission voted aye, except Chairman Southway, Mayor Peterson, Commissioner Gasner and Canon who abstained. UNSCHEDULED CITIZEN PARTICIPATION: Chairman Southway asked if there were any unscheduled public comments and noted that comments are limited to 3 minutes. There were no unscheduled public comments. CONFLICTS OF INTEREST: Chairman Southway asked if any members of the Commission had a conflict of interest, or the appearance of. Chairman Southway noted none of the Commission members had a conflict of interest with any items on the agenda. July 6, 2016 Town of Grand Lake - Planning Commission 1
ITEMS OF BUSINESS: PUBLIC HEARING - CONSIDERATION TO RECOMMEND GRANTING CERTAIN VARIANCE TO THE MUNICIPAL CODE 11-2-6 PRIVATE DRIVES, EMERGENCY ACCESS REQUIREMENTS AND CRITERIA; AND MUNICIPAL CODE 11-4 BOARDWALKS, SIDEWALKS AND COMMUNITY GREENWAYS FOR LOTS 9-12, BLOCK 9, TOWN OF GRAND LAKE; MORE COMMONLY REFERRED TO AS 901 THRU 913 PARK - Chairman Southway opened the Public Hearing and asked Town Planner Biller to present this matter to the Commission. Planner Biller stated the Town has received a Variance Request Application from Brad Hajim which requires Planning Commission review. The Applicant is requesting variance to the following: Installation of the mandatory boardwalk as required by Municipal Code 11-4-7 Installation of the mandatory greenway as required by Municipal Code 11-4-9 Installation of driveways from Park Avenue instead of the alley as required by Municipal Code 11-2-6 The Town adopted Resolution 06-2012; a resolution extending the memorandum of understanding between the Grand Arts Council (GAC) and the Town of Grand Lake. A few key elements included in the resolution are the following: GAC was required to pave the on street parking along Park Avenue and Ellsworth Street when the Town paves Park Avenue & Ellsworth Street. GAC was to complete the Ellsworth Street boardwalk and greenbelt. Public participants of the 2006 Comprehensive Plan cited the following: Grand Lakes Vision statement is The rustic village of Grand Lake is moving into the future on the wings of the past always striving to protect it s natural environment, to preserve its history, and to ensure the quality of life for everyone. Boardwalk/older buildings/character of the town (strength) Poor pedestrian access year round gravel (weakness) Public participants of the 2013 Downtown Assessment states the following: Residents love Grand Lake s small and rustic feel The Assessment recommends the following: Create a master plan for the downtown including a defined area for the historic boardwalk treatment. Historic boardwalks should only be located in the downtown core. review the restrictions in place regulating the boardwalk and greenbelt area. The 2015 Grand Avenue Streetscape Masterplan states: July 6, 2016 Town of Grand Lake - Planning Commission 2
The boardwalk is the single-most important pedestrian element in the town The boardwalk is a great circulatory motivator, it wants to be walked on and take people through town. It is also an iconic element that is unique and associated with Grand Lake. Public Outreach #1 Likes The new boardwalk in Town Square Park and large pedestrian walkways. Municipal Code 11-4-7 Boardwalks to be Mandatory in Certain Parts of Town states: (A) In order to create a uniform appearance within the Town and in order to foster rustic and Western atmosphere within the Town, boardwalks constructed of lumber or composite decking material and according to the specifications herein contained shall be mandatory for the following properties: 1. Block 2, Lots 9-16, and including the west side of Lot 9. (B) The properties herein listed will be required to construct boardwalk when issued a building permit for: 1. erecting a building on an undeveloped lot, or otherwise developing an undeveloped lot; or, Municipal Code 11-4-9 Community Greenways states: (A) It is the intent of the Town of Grand Lake to utilize Greenways as an integral asset to the Urban Forest when placed along Town Rights of Way and to act as a buffer between vehicular and pedestrian traffic. This area, placed between the parking and traveling portion of a Town Right of Way and the boardwalk, will also aid in snow storage and drainage. (B) In order to create a uniform appearance within the Town, areas that are required to have a boardwalk, as identified in this Article, are also required to have a greenway. Municipal Code 11-2-6(B) Basic Principles for Driveways states: 4. Driveway Approaches (a) Curb cuts in mandatory boardwalk areas, or where a boardwalk or sidewalks exist, are prohibited. 1. Where alley access may not be feasible in mandatory boardwalk areas, side street access is encouraged. 2. Alley access shall be required for all Commercial and Commercial Transitional Zoned parcels where practical and feasible. i. Where not practical or feasible, accesses shall be designed to minimize conflicts between pedestrians and motor vehicles. 3. Alley access shall be encouraged for all Residential Zoned, or residentially developed parcels. Municipal Code 11-2-11(D) [Street Development Policies, Standards, and Specifications Variance Request] Hardships for Consideration states: (C) Variances from [these standards] shall be reviewed by the Planning Commission at a Public Hearing and make a recommendation to the Board of Trustees. (D) Variance requests will only be granted if the applicant can demonstrate July 6, 2016 Town of Grand Lake - Planning Commission 3
all of the following: 1. That by reason of exceptional shape, size or topography of lot, or other exceptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to the owners of said property from a strict enforcement of these Regulations. 2. That literal interpretation of the provisions of these Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these Regulations. 3. That the special conditions and circumstances do not result from the actions of the applicant. 4. That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the granting of the variance does not pose a detriment to the public good and does not substantially impair the intent and purpose of the Zone Plan and these Regulations. Staff contacted all surrounding property owners and published the location of this Public Hearing in the Middle Park Times by ad #12112728A and received no written comments regarding the variance request. Staff does not believe all five (5) hardships have been met by the applicant. Staff recommends the Commission deny the variances requested by the Applicant. The Commission should conduct the Public Hearing as follows: 1. Open the Public Hearing 2. Allow Staff to present the matter 3. Allow the Applicant to address the Commission 4. Take public comment 5. Close the Public Hearing 6. Allow for Commission discussion 7. Take action as appropriate For clarification, the Commission should review each variance and take action separately: First Action for required boardwalk and greenway: 1. Recommend granting the variance request as presented by the Applicant, thus allowing the following: a. eliminate the requirement of boardwalk along Ellsworth Street; and b. eliminate the requirement of greenway along Ellsworth Street 2. Recommend denial of the variance request, thus requiring the installation of boardwalk and greenway along Ellsworth Street as required by the Municipal Code. July 6, 2016 Town of Grand Lake - Planning Commission 4
Second Action for required driveway access from the alley: 1. Recommend granting the variance request as presented by the Applicant, thus allowing the following: a. Curb cuts in the existing boardwalk with driveway access from Park Avenue. 2. Recommend denial of the variance request, thus requiring paved parking and driveway access from the alley. Brad Hajim 1077 S. Williams Street Denver, CO Mr. Hajim stated he is seeking variance to the boardwalk required along Ellsworth Street. He believes the boardwalk is required to facilitate public access and in this location, public access would dead end into the hillside. The cost to install the boardwalk and greenway would be rather expensive to impose on a single family residence. He continued to explain his second variance request to allow access from Park Avenue. He stated the alley behind Park Avenue is a dead end and even the Town s standard of requiring 20 cannot be done in the currently platted 16 alley way. Essentially, a fire truck could not turn around. There is no precedent for alley access along the entire block, they all access Park Avenue. His neighbors would like the houses to face Park Avenue and not utilize the alley for access. [He proceeded to provide the Commission with a table setting.] He believes it would be very difficult to have the houses face the alley due to the narrow lots. He cited the two (2) homes he recently built along Park Avenue [Block 2, Lots 9-10] which helped the development in the Town. Gary Althen 900 Mountain Avenue Grand Lake, CO Mr. Althen made a reference to a tourist attraction in Arizona which is a bridge to nowhere and he thinks is bazaar. He stated by requiring 100 of boardwalk along Ellsworth would be similar. It would not lead anywhere. He stated the alley way is not feasible because it is a one way in and one way out. Additionally, the sewer line that exists in the alley is shallow to allow drainage into Ellsworth main. He believes there are some risks with developing the alley way due to the sewer line. [He provided a sealed envelope as a table setting to the Town Planner.] Bob Wellman 912 Mountain Avenue Grand Lake, CO Mr. Wellman stated he and his wife give his support for granting the variance for driveway access from Park Avenue. He believes driveway grade will be an issue if access is required from the alley and could get people stuck. He continued by explaining curb cuts in the boardwalk or sidewalks are common and could be installed along Park Avenue that will not impede pedestrian traffic. He supports the variance request. Donna Ready 1133 Grand Avenue Grand Lake, CO Ms. Ready cited the Downtown Assessment which recommended eliminating the boardwalk on Park Avenue to keep the boardwalk on Grand July 6, 2016 Town of Grand Lake - Planning Commission 5
Avenue special. She hopes the Commission will keep that in mind when making their decision. Chairman Southway asked if any other members of the audience would like to provide public comment. No other members of the audience chose to provide public comment and the Chairman Southway closed the Public Hearing. The Commission had a very lengthy discussion regarding the variances being requested. Included in the discussion were: Anticipating future development of Park Avenue Parking spaces being reduced due to driveway installation Maintenance of the alley Increased traffic in the alley The alley being a dead end and undeveloped The orientation and placement of the houses on the lots Emergency access from the alley and Park Avenue Snow removal in the alley way The impact on utilities The zoning of the properties (Commercial Transitional) The Municipal Code alley standards Following Commission discussion, Chairman Southway allowed the Applicant to address the Commission again. Brad Hajim 1077 S. Williams Street Denver, CO Mr. Hajim stated this alley will not meet the Town standards and the turnaround required for fire department access is enormous. Commissioner Shockey moved to recommend granting the variance to eliminate the requirement for mandatory boardwalk and greenway required along Ellsworth Street, seconded by Commissioner Sabo. The Commission discussed the motion and the variance including: A requirement of an impact fee for the boardwalk and greenway Requirement that the streetscape master plan is implemented and the boardwalk requirement in this area is reviewed again. Commissioner Shockey withdrew his motion. The Commission continued discussing the variance requests. Commissioner Shockey moved to recommend granting the variance to eliminate the requirement for mandatory boardwalk and greenway required along Ellsworth Street with the conditions that: The Applicant obtain three (3) bids for the required improvements to be paid by the Applicant and to be withheld by the Town, similar to July 6, 2016 Town of Grand Lake - Planning Commission 6
previous requests. Brad Hajim 1077 S. Williams Street Denver, CO Mr. Hajim stated the reason he was amenable to paying the boardwalk impact fee was because he agreed with Town staff to build the boardwalk prior to construction of the homes. In this case, he is coming to the Town beforehand and does not believe commercial retail will happen anytime soon on this section of Ellsworth. He reiterated his comments that the boardwalk leads to nowhere. The Commission discussed the motion and the variance including parking, the streetscape plan, and commercial development. Following discussion Commissioner Shockey withdrew his motion. The Commission continued discussing the variance request. Commissioner Gasner moved to recommend granting variance to the mandatory boardwalk and greenway required along Ellsworth Street, seconded by Mayor Peterson. All members of the Commission voted aye, except Commission Canon who voted nay. Commissioner Shockey moved to recommend denying the variance request for driveway access from Park Avenue, seconded by Commissioner Canon. All members of the Commission voted aye, except Commissioner Sabo and Mayor Peterson who opposed. ITEMS OF BUSINESS: APPEAL HEARING CONSIDERATION TO GRANT AN APPEAL TO A DENIED BUILDING PERMIT APPLICATION LOCATED AT LOT 16, BLOCK 19, TOWN OF GRAND LAKE; MORE COMMONLY REFERRED TO AS 729 LAKE AVENUE Chairman Southway asked Town Planner Biller to present this matter to the Commission. Planner Biller stated the Town received a building permit application from the Grand Lake Area Historical Society to refurbish the Smith-Eslick s Cottage Court. Staff has denied the permit based on the Municipal Code. The Applicant has submitted a request to appeal the decision made by Staff which requires Planning Commission review. Municipal Code 12-9-11(G)3 [Land Use Regulations: Standards] Utilities states: Telephone and Electric Utilities All telephone and electric utility facilities in new developments or in re-subdivided areas shall be placed underground. Municipal Code 12-2-28(C) Parking Design Standards states: 3. All parking areas shall have proper surface material. (i) All parking areas are to paved with concrete, which is highly encouraged, or asphalt, compacted to a minimum depth of four inches July 6, 2016 Town of Grand Lake - Planning Commission 7
(4 ), in the commercial, commercial transitional, and industrial districts 1. Gravel surfacing in the rear of structures may be permitted by the Planning Commission with obtaining a variance. Municipal Code 9-1-7 [Building Regulations] Appeals states: Unless otherwise indicated in this Chapter or in Chapter 12: Land Use Regulations, any person adversely affected by any interpretation, requirement, application, or enforcement of these Regulations may file an application for an appeal to be considered by the Planning Commission Planner Biller noted the Town s fee schedule does not include a fee for this request. The Commission should determine if a fee is required for this appeal. Staff denied the permit based on the Municipal Code. The denial is based on two (2) criteria not being met: 1. The placement of underground utilizes to the structure. 2. The lack of paving for the parking area as required. The Commission should discuss the building permit and the appeal requested by the applicant. The Commission has the following options to consider: 1. Grant the appeal as requested by the applicant; or 2. Grant a certain portion of the appeal; or 3. Not grant the appeal; thus requiring the applicant to comply with the Municipal Code. Jim Cervenka 236 Lakeview Drive Grand Lake, CO Mr. Cervenka stated they are trying to comply with the Town s regulations while trying to preserve the historical designation of the building. The request to utilize overhead electrical lines and gravel surfacing is to preserve the state historical designation and pending national designation of the property. He continued stating this is not a new development nor is this a new subdivision and the Municipal Code does not apply. The current property utilizes an existing gravel parking lot with access from the alley. The Commission discussed the building permit including the overhead electric lines and gravel parking. Commissioner Shockey moved to grant the appeal request, seconded by Commissioner Gasner. All members of the Commission voted aye. ITEMS OF BUSINESS: CONSIDERATION TO ADOPT RESOLUTION XX-2016; A RESOLUTION RECOMMENDING TO GRANT A NIGHTLY RENTAL LICENSE IN A RESIDENTIAL NEIGHBORHOOD LOCATED AT LOT 8, BLOCK 22, TOWN OF GRAND LAKE; MORE COMMONLY REFERRED TO AS 602 W. PORTAL ROAD - July 6, 2016 Town of Grand Lake - Planning Commission 8
Chairman Southway asked Town Code Administrator Rendon to present this matter to the Commission. Code Administrator Rendon stated the Town of Grand Lake ( the Town ) received a 2016, Nightly Rental License Application from Aspen Fox, LLC (Rebekah Wilson) ( the Property Owner ). During the application process the Town received two (2) written letters of objections which requires Planning Commission review. On 5/18/2016, the Town received a Nightly Rental License Application for Lot 8, Block 22, Town of Grand Lake; more commonly referred to as 602 W. Portal Road. On 5/25/2016, the Town sent out certified letters to properties within 100 ft. of the Property Owners requesting any written letters of objections to the proposed use. The Town requested any objections be received on or before 6/10/2016, at 4:30 p.m. By 6/10/2016, Town Staff received two (2) written letters of objections for the proposed Nightly Rental Use. The written letters of objections were received from Kay and Julius Vargo on 6/1/2016, and Lalenia Quinlan Aweida on 6/10/2016. On 6/14/2016, the Property Owner was sent a copy of the written letters of objections. Municipal Code 12-2-31(B)4 Nightly Rental Conditional Use Permits states: (a)1(i) Town Action: 1. If Town Staff determines that the application satisfies the requirements of Section 12-2-31(B)4, all adjoining property owners or all owners within 100, whichever includes the largest number of properties, will be notified in writing by the Town of the applicants proposed use. All notified property owners will be given fifteen (15) days to object to the proposed use in writing. 2. If one (1) or more notified property owners object to the proposed use in writing, the application shall be treated as a conditional use as outlined in Section 12-2-31(B)3. The owner of the subject property shall be given a copy of all written complaints. In consideration of the proposed use, the Planning Commission may hold a Public Meeting [Hearing] to determine its recommendation to the Board of Trustees. The Board of Trustees may hold a Public Hearing on the proposed use to decide whether to approve, modify, or disapprove the Planning Commission s recommendation. Staff contacted all surrounding property owners within 100 and received written letters of objections from neighbors with the following objections to the Nightly Rental License: Trespassing on public property by renters. Negative impact on property value due to Nightly Rental. Difficulties with resolving past property concerns with Nightly Rental Applicant and neighbors. July 6, 2016 Town of Grand Lake - Planning Commission 9
Parking concerns. Access to property through 602 Portal Road per Memorandum of Understanding. Staff recommends the commission adopt the resolution as presented which contains no conditions for granting the license. If the Nightly Rental License is issued by the Board, the Applicant would be subject to all the provisions for the Nightly Rental License renewal, which includes written complaints in the previous 12 months. The Commission should first determine if a Public Hearing is necessary. If the Commission determines a Public Hearing is not necessary, they should discuss the Nightly Rental License Application and the written letters of objections received. The Commission has the following options: 1. Require a review of the Nightly Rental License Application at a Public Hearing; or 2. Recommend granting the Nightly Rental License by adopting the resolution; or 3. Recommend granting the Nightly Rental License with conditions; or 4. Not recommend granting the Nightly Rental License. Code Administrator Rendon stated he has provided some suggested motions for the Commission. Rebecca Wilson 602 W. Portal Road Grand Lake, CO Ms. Wilson stated she has owned this property for approximately a year. She has other nightly rental licenses for properties located across Mountain Avenue. She clarified they are requesting the option to use this property for vacation rentals. She uses their properties for short term rentals, long term rentals and seasonal rentals. She briefly discussed the history of renting out their property and their desire to retire in Grand Lake in the future. She respectfully requested the Town issue her a nightly rental license and she will gladly comply with the Town requirements. Kay Vargo Owner of 530 Park Avenue Grand Lake, CO [Mrs. Vargo provided a table setting for the Commission.] Mrs. Vargo stated she is against nightly rentals for the following reasons: Decrease in property values Ownership issues Guthrie access The use of residential property as a business She explained that this property has become a storage unit for their other properties including an illegal garage construction without a permit. The garage is falling apart and is built on an easement. There are ownership issues for existing property vacated by the Town. She explained the Guthrie property was granted an access easement across the Wilson July 6, 2016 Town of Grand Lake - Planning Commission 10
property which has been blocked. She believes if the Wilson s would agree to a new property line and new easement could resolve some of these issues without going to court. She asked the Commission to reject this license. Matt Quinlan 2037 Sunnywood Avenue Woodland Park, CO Mr. Quinlan stated they represent the Quinlan/Guthrie clan that has owned three (3) adjoining parcels since the 1950 s. They have a memorandum of understanding with the Wilson s for an historic access across the neighboring property for access to their home. He would like his driveway access to be maintained regardless of time of year by requiring a stipulation of the license that the renters to know where to park. Laura Quinlan Ms. Quinlan stated the Wilson s installed a pedestrian walkway that encourages renters to trespass across their property. She also stated they were not contacted regarding this request. Commissioner Shockey left the meeting and the exited the Board room at around 8:45pm. Murial Johnson 612 Mountain Avenue Grand Lake, CO Mrs. Johnson stated she and her husband have had no problems with the currently nightly rentals the applicant has. She would like the Commission to vote in favor of granting the nightly rental license. The Commission discussed the nightly rental application included in the discussion were: The neighbors get with Town staff to resolve zoning violations and the property issues mentioned. Parking requirements Access across private property The current regulations governing nightly rentals. Commissioner Gasner moved to recommend granting the nightly rental license application contingent on the Applicant maintains access to adjacent lands, seconded by Mayor Peterson. All members of the Commission voted aye. OTHER ITEMS OF DISCUSSION: Update on the Grand Avenue Streetscape Masterplan implementation Planner Biller stated the Town is going through a Request for Proposals for surveying and engineering services for implementing the plan. The RFP will provide more information for public review pending the November ballot question including cost estimates and construction plans. The Town is holding two (2) open houses regarding the streetscape masterplan which will be held Thursday, June 7 th and Tuesday, June 19 th from 5-7pm at Town Hall. July 6, 2016 Town of Grand Lake - Planning Commission 11
ADJOURNMENT: Commissioner Canon moved to adjourn, seconded by Commissioner Gasner. All Commissioners voted aye, and the meeting was adjourned at 9:05 p.m. Hayden H. Southway, Chairman ATTEST: Katie Nicholls, Town Clerk July 6, 2016 Town of Grand Lake - Planning Commission 12
Location Map 528 Lake Avenue Lots 1 5, Cairns Addition
Location Map 700 Lake Front Road Block 14, Grand Lake Estates 2nd Filing
Location Map 913 Grand Avenue Block 10, Lot 12, ToGL