PUBLIC NOTICE PUBLIC NOTICE TOWN OF80482 | 02/25/2021 | Ad id: 8-0000663120-01
TOWN OF WINTER PARK
BOARD OF ADJUSTMENT
ZONING VARIANCE REQUEST
Applicant / Owner: Unicume Colorado, LLC
Mailing Address: PO Box 3302, Winter Park, CO 80482
Street Address of Properties for Which the Variance Is Requested: Unaddressed
Legal Description of Properties for Which the Variance Is Requested: JANE CREEK LOT 1B, LOCATED IN SECTION 15, TOWNSHIP 2 SOUTH, RANGE 75 WEST OF THE 6TH P.M., TOWN OF WINTER PARK, COUNTY OF GRAND, STATE OF COLORADO.
Owner's Detailed Description of Request: "We are requesting a variance to the overall height limitation of 55'-0" for the subject project. We would respectfully request that a variance be granted to a limitation of 75'-0" for the site located on Iron Horse Way, Winter Park, CO 80482, Jane Creek, Lot 1B at Reception 2004-006812.
The proposed project is planned to be a resort condominium community consisting of three, three and four-story structures situated above one and two-story partially underground parking structures that will be developed on a phased basis beginning with Building 1. This project shall utilize underground parking to reduce the impact on the surrounding environment and watershed. Considering the topography and other physical constraints of this property, approval of this variance request would allow the majority of the parking area to be constructed under the building thus reducing the non-permeable surfaces surrounding the building and minimizing the impact on the site and the neighborhood.
Reasons For Consideration of the Variance:
1. The subject property can not be feasibly developed based on the site constraints including topography, wetlands, hydrology and geology.
2. The plight of the owner is due to natural and unusual conditions affecting the site including topography, wetlands, hydrology and geology.
3. The variance will not alter the essential character of the neighborhood.
Reasons Why the Variance Should Be Granted:
1. This variance is requested based on the issues of a steep site (topography), further limitations based on existing wetlands (surface flows), site hydrology (water table) and site geology (large boulders and bedrock) that impact the size and configuration of the building envelope and that result in extensive
excavation of the site not being viable.
2. Many other sites within the zoning classification do not share the same degree of severity as it relates to topography and soil conditions that impact the subject site.
3. The purpose of the variance is not based the
desire to generate a higher yield from the subject property. The proposed project is designed to be consistent with the maximum density and site coverage allowed under the zoning code. The variance will not result in increasing the project density nor adding more square footage to the project than would be allowed under the zoning code.
4. The hardships are a result of the natural conditions affecting the site and were not created by the applicant including topography, wetlands, hydrology and geology.
5. Granting the variance will not be detrimental to the public welfare nor injurious to other property in the neighborhood since the proposed building height on the subject site will be similar to the surrounding properties, several existing buildings in the neighborhood exceed 55' in height so the proposed buildings will be consistent with the character of the adjacent properties. Further, given the steep topography of the heavily forested site, the back and sides of the project will be substantially screened by the surrounding pine forest. By way of example, subject to approval of the requested variance, Lot 1B Building 1 will have a maximum building height of approx 9,252.0' and Lot 1B Buildings 2 and 3 will have a maximum building height of approx 9,239.0'. As a reference point, the existing Iron Horse Building D has a maximum building height of approx 9,253.5' and the existing CHILL building has a maximum building height of approx 9,255.0'
6. The proposed variance will not impair the supply of light and air to adjacent properties nor will it increase congestion on public streets, increase the fire danger, endanger public health or diminish property values. The variance will allow for the development of the site with the least possible impact on the site and the neighborhood by facilitating the smallest disturbance to the site resulting in retaining maximum open space and minimizing the coverage of the site with non permeable surfaces. The proposed project density is consistent with the allowable density on the site so congestion of public streets will be not be increased as a result of the variance. The project will be a first class, state of the art condominium community which we believe will drive interest and demand in the neighboring properties which should have a positive effect on the neighborhood resulting in increased values of all property in the neighborhood.
We feel that approval of this request would not have a detrimental impact on the neighbors, will not adversely impact the public welfare and will not alter the character of the neighborhood. Further, it is important to note that even with the approval of the variance request, the buildings are is designed to be cut into the hillside resulting in some of the building perimeter being in compliance with the current zoning code height limits if measured from the highest existing grades on the site. Based on the above considerations we respectfully request that the BOA approve the variance request to allow a 75'-0" maximum building height on the subject site based on a the first garage floor reference datum which is currently designed at 9,177' (subject to final engineering) and maximum height of 9,252' for Building 1, and first garage floor reference datum which is currently designed at 9,164' (subject to final engineering) for Buildings 2 and 3 with a maximum height of 9,239' versus utilizing a measurement from a TBD reference grade for each building.
Thank you for your consideration and please call with any questions."
Applicable Provisions of the Town Code:
§7-5B-4, BUILDING REQUIREMENTS:
B. Maximum Height For Buildings And Structures: The maximum height for all buildings and structures permitted in the D-C district shall be fifty five feet (55') as defined in chapter 2 of this title. (Ord. 324, Series of 2002).
Due to this building height requirement, a maximum building height of 75' is not permitted in the Town Code as seen in §7-5B-4 and consequently requires a zoning variance.
The Board of Adjustment will review this case and render a decision under Section 7-8-1 of the Town Code.
Property Posted On: March 8, 2021 Additional information is available at this link:
A Public Meeting at Winter Park Town Hall,
50 Vasquez Road or online via Zoom is
Tuesday, March 23, 2021 at 8:00 A.M. immediately following the Planning Commission meeting. Please see agenda for decision on meeting's location. This will be posted at wpgov.com under "Agendas and Minutes" by Friday, March 19 at 5 P.M.
Members of the public wishing to make comment
regarding the variance request may do so at the scheduled meeting, or write to Hugh Bell, Planner, Town of Winter Park, P.O. Box 3327, Winter Park, CO 80482, or Email Me.
Published in the Middle Park Times on February 25, 2021. 0000663120