BOARD OF ADJUSTMENT AND APPEALS SPECIAL MEETING TUESDAY,FEBRUARY21,2023 5:30P.M.  1. 2. 3.  Call to Order  Approval oft the December 20, 2022, Board of Adjustment and Appeals  Special Meeting Minutes.  Business of the Board of Adjustment and Appeals a. Election of Chair and Vice-Chair for 2023.  b. Hear and Decide on a Variance to the Minimum Lot Area/Unit on a Property Located at 500 South Market, in the Residential Manufactured Home Zoning District, as Requested by the Pinon Project, through Board of Adjustment and Appeals Resolution No. 1, Series 2023, with six  conditions.  Presented by Contract City Planner Nancy Dosdall  Hear and Decide on a Variance to the Parking and Loading Requirements on a Property Located at 500 South Market, in the Residential Manufactured Home Zoning District, as Requested by the Pinon Project, through Board of Adjustment and Appeals Resolution No. 2, Series 2023,  with six conditions.  Presented by Contract City Planner Nancy Dosdall  Adjournment    BOARD OF ADJUSTMENT AND APPEALS  SPECIAL MEETING DECEMBER 20, 2022  1.  The meeting was called to order at 5:45 p.m. Members present were Glenn Leighton, Rebecca Levy, Lance McDaniel, and Alan Rolston. New Board Member Orly Lucero was also in attendance. Staff members present were Contract City Planner Nancy Dosdall, Community and Economic Development Director Rachael Marchbanks, City Manager Drew Sanders, and City Clerk Linda  Smith. There were four people present in the audience. Business of the Board of Adjustment and Appeals  2.  a. Oath of Office for new Board Member Orly Lucero. Board Member Lucero recited his Oath of Office as a Board of Adjustment and Appeals member. b. Hear and Decide on a Variance to the Minimum Unit Size for Apartments on Property located at 550 and 640 South Broadway, Located in the Commercial Highway_(C) District. Contract City Planner Dosdall reviewed the background on the property located at 550 and 640 South Broadway, formerly know as the Mesa Verde Inn. She stated that in June 2022, Zuma Apartments LLC applied for and was granted two variances to renovate the motel into long term rental apartments. The restauranucommercial portion of the property will remain commercial, although there are no plans for use at this time. The first variance, approved in June 2022, was for the percentage of commercial space on the ground floor in the Commercial (C) zone and the second variance was to reduce the required minimum unit size from 500 square feet to 350 square feet. While both of the variances remain valid, the applicants have now completed additional design work on the property and wish to apply for additional minimum unit size variances. They are asking that a total of 20 units be allowed to drop below the 500 square feet minimum, although the. June variance allows them to have units as small as 350 square feet, they have now identified 18 additional units that vary in size from 272 square feet to 350 square feet. Total units below 500 square feet would equal 20. It was noted that on December 6, 2022, the Planning and Zoning Commission approved the site development plan and a parking exception for the property; however, the additional unit size variances are required prior to building permits being issued. If the variances are not granted, the applicants would be required to either combine smaller units into larger units or use the existing small Contract City Planner Dosdall referenced the Jurisdiction of the Board as outlined in Land Use Code Section 6.15(c) 1-6, and read for the record the required  rooms for other uses.  findings for the board to consider.    Board of Adjustment and Appeals December 20, 2022  Special Meeting Page2  Finding 1. There are special circumstances existing on the property on which the applicant has made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other properties in the same Finding 2. That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed under this Chapter, by other properties in the vicinity and zone, but which rights are denied to the subject Finding 3. That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the Land Use Plan and will not adversely affect any other feature of the Comprehensive Plan of the City of Finding 4. That the variance, if granted, will have no material detriment to the public welfare ori injury to the use, enjoyment or value of property in the vicinity. Finding 5. That such unnecessary hardship has not been created by the applicant. Finding 6. That the proposed use is a permitted use in the underlying zoning Contract City Planner Dosdall reviewed staff comments on the code criteria noting that the configuration of the existing structures on the property, the use of the property for long term rental, which is a use that is allowed under the code and would be allowed on other similar properties, is challenging with the current configuration of units, doors, windows, etc. Goals and objectives of the Comprehensive Plan that would be supportive of the request were reviewed and it was noted that the current state of the property is uninhabitable and in need of repair/renovation. The proposal will result in a much-improved property that will likely improve the overall neighborhood. Having it improved and fully occupied will result in many benefits to the City and especially the surrounding area, not to mention providing an additional 57 much needed rental units in the community. Staff recommended approval of the variance as outlined in Board of Adjustment Chairman Leighton opened the public hearing. Monique Weese and Craig Weese, members of Zuma Apartments LLC, spoke to the Board regarding the development noting that the property will remain metered through Empire Electric as it is; however, there will be breaker boxes on each unit. Contract City Planner Dosdall stated that the applicants would need to meet the International Building Code as was presented in their site development plan. Ms. Weese stated that 20 units have been approved for development under the 500 square feet; however, the request for the current variance is for five units to be developed under the 350 square feet requirement, with one of the studio apartments to be  area and zone district.  project.  Cortez.  district.  and Appeals Resolution No. 4, Series 2022.    Board of Adjustment and. Appeals December 20, 2022  Special Meeting Page3  272 square feet, one studio apartment to be 290 square feet, one studio apartment to be 293 square feet, and two studio apartments to be 297 square feet. Mr. Weese stated that the reason for the request is that after the architect designed some of the units as ADA compliant it expanded the footage for some units which caused other units to be made smaller than originally proposed. Contract City Planner Dosdall commented that variances are granted on specific circumstances No one from the audience spoke and Chairman Leighton closed the public Board Member McDaniel moved that approval be granted for the Board of Adjustment and Appeals Resolution No. 4, Series 2022, approving an application for a variance to the minimum unit size for apartments on property located at 550 and 640 South Broadway, located in the Commercial Highway (C) zoning district. Board Member Rolston seconded the motion, and the vote was as follows:  and would not apply to any other development or projects.  hearing.  Leighton Yes  Levy Yes  Lucero Yes  McDaniel Rolston Yes  Yes  Board Member Levy moved that the meeting be adjourned at 6:10 p.m. Board Member Rolston seconded the motion, and the vote was unanimous.  Glenn Leighton, Chairperson  Rebecca Levy, Vice-Chair  Alan Rolston, Board Member  Lance McDaniel, Board Member  Orly Lucero, Board Member  ATTEST:  Linda L. Smith, City Clerk    CityofCortez Community and Economic Dev. Dept. Cortez, CO 81321  CORTEZ 123 Roger Smith Avenue  Meeting Date: February 21, 2023 Project No. BOA23-000001  MEMO TO: FROM:  Members of the Cortez Board of Adjustment Nancy Dosdall, Contract City Planner S. Market, Pinon Wagees Apartments Shopworks Architects  SUBJECT: Public Hearing on an Application for a variance to Residential Area Regulations for 500  APPLICANT:  CO-OWNERS: Blueline Development, Inc. & The Pinon Project  ATTACHMENTS: Draft BOA Resolution No. 1 Series 2023 (Minimum lot area/unit)  Draft BOA Resolution No. 2 Series 2023 Parking/loading)  Application Packet Neighbor comment letter  BACKGROUND  500 S. Market is an existing abandoned laundromat building in the MH, Residential Manufactured Home District. County Assessor records indicate that the laundromat was constructed in 1958, prior to existing land use codes and standards. The existing structure violates the current front and side (5hSt.) setbacks, but is considered legal, nonconforming. A portion of the existing structure encroaches into the ROW for E 5th Street, this encroachment is proposed to be removed. Laundromats often use hazardous chemicals, however, the structure and property have been remediated and environmentally mitigated from the laundromat usage. Even with the remediation, adaptive reuse has been elusive and Blueline Development, Inc. and The Pinon Project hope to redèvelop the property for 17 studio apartments targeted for individuals most vulnerable to experiencing homelessness. The existing structure will be remodeled, partially deconstructed and an additional wing added. All new construction will meet MH zoning district setback standards although some of the existing encroachments will  the site remains vacant.  remain. An office and laundry/lounge are also proposed.    DEVELOPMENT STANDARDS (Red text indicates requested variance)  Development Standard MH Zone Requirement Proposed  Min. floor area/apartment 450 sq. ft.  450 sq. ft. 1,178 sq. ft. 19 spaces (15 spaces short) No loading spaces proposed Existing 10' no change proposed Existing encroachment to be demolished - 7' for new construction Portion of existing encroachment to be demolished - 15' for new construction  Min. lot area/unit Parking Residential Parking Loading Setback -1 front Setback - side/rear Setback-E5"SL.  2000 sq. ft (affordable 34 spaces 1l loading space 20' 7' 15'  CRITERIA  Required Findings. In exercising its power to grant a variance in accordance with this code, the board (1) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply (2) That a variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed underthis code, by other properties in the vicinity and zone, but which (3) That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the (4) That the variance, if granted, will be no material detriment to the public welfare ori injury to the  of adjustment shall make finding and show in its minutes that:  generally to other property in the same area and zone district;  rights are denied to the subject property; comprehensive plan of the city;  use, enjoyment or value of property in the vicinity;  (5) That such unnecessary hardship has not been created by the applicant; and (6) That the proposed use is aj permitted use in the underlying zone district.  DISCUSSION  The applicants are requesting variances to allow for the adaptive re-use of the existing property located at 500 S. Market St. It is important to note that regardless of the outcome of the requested variances, should the applicants decide to move forward, a conditional use permit and site plan submittal with review by the Planning Commission and City Council will be required. If the minimum lot area/unit variance is nol granted, the property will be restricted to a maximum of 9 or 10 affordable units or 6 The discussion below will consider the requested variances against the code review criteria.  market rate units.  Minimum sq ft/unit (Density) Variance Request:  The newly adopted Code revision for affordable projects requires 2,000 sq. ft. ofl lot area/unit. The    existing lot totals 19,880 sq. ft. (per assessor) or 20,038 sq. ft. (per applicant), allowing a maximum of nine (9) or ten (10) income restricted units. The code does not differentiate between unit size. For example, the code would allow nine (9) three-bedroom units resulting in a total of 18 bedrooms. The current request is for 17 small, studio dwelling units with on-site laundry and management.  Special Circumstances:  The criteria for a variance are specific to the property and specific circumstances that exist on site. While this site is not necessarily constrained by size, shape, or topography, it can be considered constrained by the existing structure on the property which is currently nonconforming as to use, setbacks, and, encroaches into the City ROW in at least one location. Unless it is demolished, to effectively remodel the existing use in a reasonable manner, it is necessary to work with what exists on the property and the existing structure including location, walls, doors, windows, etc. These same constraints would not apply to a greenfield site, or any  other property in the same area and zone district.  Rights  The code requires a finding that the variance is necessary toj permit the applicant the same rights in the use of this property that are presently enjoyed under this code, by other properties in the vicinity and zone, but which rights are denied to the subject property. Given the configuration of the existing structure on the property, the use oft the property for long term rental, which isa use that is allowed under the code and would be allowed on other similar properties is  challenging.  Land Use Atterm/Comprehensive Plan  Itn must be demonstrated that granting of the variance will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the City. Ifthe variance were granted, the property would convert from ap previous commercial use to residential use. Commercial uses except for some limited offices are not allowed in the MH zone. The previous use of a laundry, which has been abandoned, The Comprchensive Plan has multiple goals and objectives that could be considered supportive Develop and maintain safe, desirable, and quality housing for all current and future residents, with emphasis on fordabliyatuinabilily and revitalization of Encourage expansion of the housing supply within the City of Cortez to meet the needs Strongly encourage the development of new housing on surplus, vacant and underutilized land throughout the City, with appropriate incentives, zoning regulations, Encourage the private sector to provide new housing in locations consistent with Land Expand opportunities for quality housing that is affordable and meets the needs of all Provide support for local housing initiatives that increase the supply of affordable rental  would not be allowed with the existing zoning.  of this request including:  neighborhoods.  of current and future residents. and development standards.  Use Code and Comprehensive Plan policies and objectives.  residents.  housing to low and very-low income families.    Consider supporting programs that provide opportunities for low income, and very low- income residents to achieve self-sufficiency and upward mobility in housing options. Promote organizations and programs, such as transitional housing, that assist both To meet the needs of single residents, allow the development of studio apartments, boarding homes and other single room occupancy housing opportunities in  individuals and families in reaching self-reliance.  appropriate zoning districts.  No Detriment  Itr must be demonstrated that should the variance be granted no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity will occur. The current state of the property is abandoned and in need of repair/renovation. The potential re- uses of the site are limited to offices or multi-family, assuming a conditional use permit is approved. The proposal will result in a much-improved property. Building encroachments into the ROW will be removed. While portions of the existing building will remain in the setback area, all proposed new construction will conform with current setback requirements.  Hardship not created by the Applicant was not created by the applicant. Use is Permitted  The hardship on the property is the result of how it was originally constructed many years ago, prior to the establishment of current zoning laws and the need for significant re-investment. It  The use of the property for multi-family development is a conditional use in the zone district.  AGENCY REVIEW GIS Coordinator (Doug Roth) Great project  Ita appears part of the building's awnings encroach on the ROW of S Market and E 5th Streets. The building, as constructed, now may not meet setbacks and need a variance for this. Considering the future residence may not have vehicles, 5' wide sidewalks should be built adjacent to the city streets and crosswalks stripped as needed for pedestrian safety along Market  These are very wide street ROW's of 100' and 80'  Street.  Cortez Police Department (Andy Brock) No comments received. Cortez City Engineer (Kevin Kissler) No comments received. No comments received.  Cortez Fire Protection District (Jessica Borden)    Empire Electric (Greg South)  There is an overhead powerline in alley with one existing service to this building.  Depending on the load of the 17 units will dictate what type of service upgrade/new services that will Iam assuming that they will want 17individual meters for each unit. They willi incur all costs associated  be needed.  with this upgrade/new services.  Please feel free to contact me if you have any questions. City of Cortez Building Department (Sean Canada) Cortez Sanitation District (Jan Nelson)  No Comment  The Sanitation District Would like it tol be known, That the existing Building at 500 S. Market is most likely tapped to our 6" clay line in the Alley directly east of the property and that there is a newer 8" PVCI line ini front of the property in S Market St. and that any additional sewer taps should be designed We would also like to have the owners ensure the existing sewer service line integrity through a video  to tapi into our newer line in N. Market St.  inspection available through a few local plumbers prior to Building renovation. Ido not have any comment as it relates to the City CCN fiber system... thanks...  Cortez General Services (Rick Smith)  ALTERNATIVES (Staff recommends separate. actions on each of the three variance requests) 1. The Board can approve the requested variance for property located at 500 S. Market, in the MH zone, as submitted by Blueline Development, Inc. and The Pinon Project and state its reasons; 2. The Board can deny the application for the requested variance and state its reasons; 3. The Board can ask for more information and table the application or continue the application to  a date certain. RECOMMENDATION No. 1, Series 2023.  Staff recommends Alternative "!" above, approval of the requested variance through BOA Resolution If the Board of Adjustment SO chooses to follow the recommendation of Staff, the Board can make the motion to approve the variance on property located at 500 South Market, in the Residential Manufactured Home (MH) District, as submitted by Blueline Development, Inc. and The Pinon  Project through BOA Resolution No. 1, Series 2023.    CITY OF CORTEZ  BOARD OF ADJUSTMENT AND APPEALS RESOLUTION NO. 1,SERIES 2023  AJ RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT AREA/UNIT ON APROPERIYLOCATED AT 500 SOUTH MARKET, INTHE RESIDENTIAL  MANUFACTURED HOME (RM) ZONING DISTRICT  WHEREAS, Blueline Development, Inc., and' The Pinon Project (hereinafter collectively the "Applicant") have applied for a variance to the required minimum lot area/unit on property located at 500S. Market St, Cortez, Colorado, and more particularly described as (the "Property"): CHAMBERLINS ADDITION Lot: 13-17 Block: 78&NISFTLOT 18 B550 P860E B584 WHEREAS, the Applicant has applied to the City for review of a variance to the required WHEREAS, the Applicant desires to remodel the existing structure on the Property to WHEREAS, Land Use Code Section 3.06(a) requires a minimum of 2,000 sq. ft. of lot area/unit on the Property, which is located in the Residential Manufactured Housing (RM)Z Zoning  P18-1  minimum lot area/unit as set forth in the Land Use Code Section 3.06; and  allow for multi-family residential use; and  District, for affordable dwelling units; and  WHEREAS, the Applicant has applied to reduce the 2,000 sq. ft./unit requirement down to 1,178 sq. ft./unit to allow for a total of 17 affordable apartments due to the existing structure  configuration on the Property; and  WHEREAS, in accordance with the Land Use Code, the City of Cortez Board of Adjustment and Appeals (the "Board") held a duly-advertised public hearing on February 21,  2023, to receive public comment on the proposed variance; and  WHEREAS, based on the evidence and testimony presented at said public hearing, the Board reviewed the application for a variance to Section 3.06, and determined that it was not detrimental to the community to approve the variance to the minimum sq. ft./unit; and  WHEREAS, the Board reviewed the criteria of Land Use Code Section 6.17(c)(1-6) and 1. There are special circumstances existing on the Property on which the application is made relative to existing conditions on the site that do not apply generally to other property in  found that:  the same area and zone district; and    2. That a variance is necessary to permit the Applicant the same rights in the use of this Property that are presently enjoyed under the Code, by other properties in the vicinity and 3. That the granting of the variance on the Property will not adversely affect the land use pattern as outlined by the City of Cortez Comprehensive Plan and will not adverselyaffect any other feature of the City of Cortez Comprehensive Plan; and 4. That the variance, ifg granted, will not be a material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; and 5. That such unnecessary hardship has not been created by the Applicant; and 6. That the proposed use is aj permitted use in the underlying zone district.  zone, but which rights are denied to the Property; and  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CORTEZ BOARD OF  ADJUSTMENT AND APPEALS:  THAT, by this Resolution No. 1, Series 2023, the application for a reduction in the minimum required lot area/unit in the Residential Manufactured Home Zoning District, allowing for at total of 17 units on the subject parcel, as requested by the applicant, Blueline Development, Inc. and The Pinon Project, for property located at 500 South Market St.,is MOVED, SECONDED, AND ADOPTED THIS 21st DAY OF FEBRUARY,2023  hereby approved.  BOARD OF ADJUSTMENT AND APPEALS  Glenn Leighton, Chairman  ATTEST:  Linda L. Smith, City Clerk    CityofCortez Community & Economic Dev. Dept. Cortez, CO 81321  CORTEZ 123 Roger Smith. Avenue  Meeting Date: February 21, 2023 Project No. BOA23-000001  MEMO TO: FROM: SUBJECT: APPLICANT:  Members oft the Cortez Board of Adjustment Nancy Dosdall, Contract City Planner  Public Hearing on an Application for a variance to Parking/Loading  requirements for 500 S. Market, Pinon Wagees Apartments  Shopworks Architects  CO-OWNERS: Blueline Development, Inc. & The Pinon Project ATTACHMENIS: Draft BOA Resolution No. 2 Series 2023 (Parking/loading)  Application Packet Neighbor comment letter  BACKGROUND  500 S. Market is an existing abandoned laundromat building in the MH, Residential Manufactured Home District. County Assessor records indicate that the laundromat was constructed in 1958, priorto existing land use codes and standards. The existing structure violates the current front and side (SlhSt.) setbacks, but is considered legal, noncontorming. A portion of the existing structure encroaches into the ROW for E 5th street, this encroachment is proposed to be removed. Laundromats often use hazardous chemicals, however, the structure and property have been remediated and environmentally mitigated from the laundromat usage. Even with the remediation, adaptive reuse has been elusive and Blueline Development, Inc. and The Pinon Project hope to redevelpp the property for 17 studio apartments targeted for individuals most vulnerable to experiencing homelessness. The existing structure will be remodeled, partially deconstructed and an additional wing added. All new construction will meet MH zoning district setback standards although some of the existing encroachments will  the site remains vacant.  remain. An office and laundry/lounge are also proposed.  DEVELOPMENT STANDARDS (Red text indicates requested variance)  Development Standard MH Zone Requirement Proposed  Min. floor area/apartment 450sq. ft.  450sq. ft.    Min. lot area/unit Parking Residential Parking Loading Setback front Setback - side/rear Setback - E5th St.  2000 sq. ft (affordable 1,178sq. ft.  34 spaces  19 spaces (1 space/unit + 2 staff spaces - 15 spaces short) No] loading spaces proposed Existing 10' no change proposed Existing encroachment to be demolished 7' for new construction Portion encroachment to be demolished - 15' for new construction  lloading space 20' 7' 15'  of existing  CRITERIA  Required Findings. In exercising its power to grant a variance in accordance with this code, the board (1) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply (2) That a variance is necessary to permit the applicant the same rights in the use oft this property that are presently enjoyed under this code, by other properties in the vicinity and zone, but which (3) That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the (4) That the variance, if granted, will be no material detriment to the public welfare ori injury to the  of adjustment. shall make finding and show in its minutes that:  generally to other property in the same area and zone district;  rights are denied to the subject property; comprehensive plan of the city;  use, enjoyment or value of property in the vicinity;  (5) That such unnecessary hardship has not been created by the applicant; and (6) That the proposed use is aj permitted use in the underlying zone district.  DISCUSSION  The applicants are requesting the parking variances to facilitate the adaptive re-use of the existing property located at 500 S. Market St. Iti is important to note that regardless of the outcome of the requested variances, should the applicants decide to move forward, a conditional use permit and site plan submittal with review by the Planning Commission and City Council will be required. The existing land use code requires 2 parking spaces per dwelling unit, regardless of the number of proposed bedrooms. The proposal is for studio apartments for low income residents. On site management is provided. The applicants have requested a reduction in the minimum spaces per unit due to the location of the proposed development, very low-income nature of the residents and on-site management. The applicants have stated that many residents'n may not have a vehicle, and those that do  will likely only have one.  Special Circumstances:  The criteria for a variance are specific to the property and specific circumstances that exist on site. While this site is not necessarily constrained by size, shape, or topography, it can be considered constrained by the existing structure on the property which is currently nonconforming as to use, setbacks, and, encroaches into the City ROW in at least one location.    Unless it is demolished, to effectively remodel the existing use in a reasonable manner, it is necessary to work with what exists on the property and the existing structure including location, walls, doors, windows, etc. These same constraints would not apply to a greenfield site, or any  other property in the same area and zone district.  Rights  The code requires a finding that the variance is necessary to permit the applicant the same rights in the use oft this property that are presently enjoyed under this code, by other properties in the vicinity and zone, but which rights are denied to the subject property. Given the configuration oft the existing structure on the property, the use of the property for long term rental, which is a use that is allowed under the code and would be allowed on other similar properties is  challenging.  Land Use atterm/Comprehensive Plan  Itn must be demonstrated that granting of the variance will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the City. Ift the variance were granted, the property would convert from a previous commercial use to residential use. Commercial uses except for some limited offices are not allowed in the MH zone. The previous use of a laundry, which has been abandoned, The Comprehensive Plan has multiple goals and objectives that could be considered supportive Develop and maintain safe, desirable, and quality housing for all current and future residents, with emphasis on afordabliyatainabliy and revitalization of Encourage expansion of the housing supply within the City of Cortez to meet the needs Strongly encourage the development of new housing on surplus, vacant and underutilized land throughout the City, with appropriate incentives, zoning regulations, Encourage the private sector to provide new housing in locations consistent with Land Expand opportunities for quality housing that is affordable and meets the needs of all Provide support for local housing initiatives that increase the supplyofaffordable rental Consider supporting programs that provide opportunities for low income, and very low- income residents to achieve self-sufficiency and upward mobility in housing options. Promote organizations and programs, such as transitional housing, that assist both To meet the needs of single residents, allow the development of studio apartments, boarding homes and other single room occupancy housing opportunities in  would not be allowed with the existing zoning.  oft this request including:  neighborhoods.  ofcurrent and future residents. and development standards.  Use Code and Comprehensive Plan policies and objectives.  residents.  housing to low and very-low income families.  individuals and families in reaching self-reliance.  appropriate zoning districts.  No Detriment  Itmust be demonstrated that should the variance be granted no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity will occur. The current state of the property is abandoned and in need of repair/renovation. The potential re- uses of the site are limited to offices or multi-family, assuming a conditional use permit is    approved. The proposal will result in a much-improved property. Building encroachments into the ROW will be removed. While portions of the existing building will remain in the setback area, all proposed new construction will conform with current setback requirements.  Hardship not created by the Applicant was not created by the applicant. Use is Permitted  The hardship on the property is the result of how it was originally constructed many years ago, prior to the establishment of current zoning laws and the need for significant re-investment. It  The use of the property for multi-family development is a conditional use in the zone district.  AGENCY REVIEW GIS Coordinator (Doug Roth) Great project  Ita appears part of the building's awnings encroach on the ROW of S Market and E 5th Streets. The building, as constructed, now may not meet setbacks and need a variance for this. Considering the future residence may not have vehicles, 5' wide sidewalks should be built adjacent to the city streets and crosswalks stripped as needed for pedestrian safety along Market  These are very wide street ROW's of 100' and 80'  Street.  Cortez Police Department (Andy Brock) No comments received. Cortez City Engineer (Kevin Kissler) No comments received. No comments received. Empire Electric (Greg South)  Cortez Fire Protection District (Jessica Borden)  There is an overhead powerline in alley with one existing service to this building.  Depending on the load of the 17 units will dictate what type of service upgrade/new services that will Iam assuming that they will want 17individual meters for each unit. They will incur all costs associated  be needed.  with this upgrade/new services.  Please feel free to contact me if you have any questions. City of Cortez Building Department (Sean Canada) Cortez Sanitation District (Jan Nelson)  No Comment  The Sanitation District Would like it to be known, That' The existing Building at 500 S Market is most likely tapped to our 6" clay line in the Alley directly east of the property and that there is a newer 8" PVCI line in front of the property in S. Market St. and that any additional sewer taps should be designed We would also like to have the owners ensure the existing sewer service line integrity through a video  to tap into our newer line in N. Market St.    inspection available through a few local plumbers prior to Building renovation. Ido not have any comment as it relates to the City CCN fiber system... thanks...  Cortez General Services (Rick Smith)  ALTERNATIVES (Staff recommends separate actions on each of the three variance requests) 1. The Board can approve the requested variance for property located at 500S. Market, in the MH zone, as submitted by Blueline Development, Inc. and' The Pinon Project and state its reasons; 2. The Board can deny the application for the requested variance and state its reasons; 3. The Board can ask for more information and table the application or continue it to a date certain.  RECOMMENDATION No. 2, Series 2023.  Staff recommends Alternative "I" above, approval of the requested variance through BOA Resolution Ifthe Board of Adjustment sO chooses to follow the recommendation of Staff, the Board can make the motion to approve the variance on property located at 500 South Market, in the Residential Manufactured Home (MH) District, as submitted by Blueline Development, Inc. and The Pinon  Project, through BOA Resolution No. 2, Series 2023.    CITY OF CORTEZ  BOARD OF ADJUSTMENT AND APPEALS RESOLUTION NO.2, SERIES 2023  A RESOLUTION APPROVING A VARIANCE TO THE PARKING AND LOADING REQUIREMENIS ON A PROPERTY LOCATED AT 500 SOUTH MARKET, IN' THE RESIDENTIAL MANUFACTURED HOME (MH) ZONING DISTRICT WHEREAS, Blueline Development, Inc., and The Pinon Project (hereinafter collectively the "Applicant") have applied for a variance to the required minimum parking and loading requirements on property located at 500 S. Market St, Cortez, Colorado, and more particularly  described as (the "Property"):  CHAMBERLINS ADDITION Lot: 13-17 Block: 78&N15FTLOT 181 B550 P860 B584 WHEREAS, the Applicant has applied to the City for review of a variance to the required WHEREAS, the Applicant desires to remodel the existing structure to allow for multi- WHEREAS, Land Use Code Section 5.02(d) requires a minimum of 34 parking spaces or 2 spaces/unit and one loading space on property located in the Residential Manufactured Housing  P18-1  minimum lot area/unit as set forth in the Land Use Code Section 5.02(d); and  family residential use; and  (MH) Zoning District for residential dwelling units; and  WHEREAS, the Applicant has applied to reduce the 2 spaces/unit requirement to 1 space/unit to facilitate a total of 17 low incomelaffordable apartments on the Property; and WHEREAS, in accordance with the Land Use Code, the City of Cortez Board of Adjustment and Appeals (the "Board") held a duly-advertised public hearing on February 21,  2023, to receive public comment on the proposed variance; and  WHEREAS, based on the evidence and testimony presented at said public hearing, the Board reviewed the application for a variance to Section 5.02(d), and determined that it was not  detrimental to the community to approve the parking/loading variance; and  WHEREAS, the Board reviewed the criteria of Land Use Code Section 6.17(c)(1-6) and 1. There are special circumstances existing on the property on which the application is made relative to existing conditions on the site that do not apply generally to other property in  found that:  the same area and zone district; and    2. That a variance is necessary to permit the Applicant the same rights in the use of this Property that are presently enjoyed under this code, by other properties in the vicinity and 3. That the granting of the variance on the Property will not adversely affect the land use pattern as outlined by the City of Cortez Comprehensive Plan and will not adverselyaffect any other feature oft the City of Cortez Comprehensive Plan; and 4. That the variance, if granted, will not be a material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; and 5. That such unnecessary hardship has not been created by the Applicant; and 6. That the proposed use is a permitted use in the underlying zone district.  zone, but which rights are denied to the Property; and  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CORTEZ BOARD OF  ADJUSTMENT AND APPEALS:  THAT, by this Resolution No. 2, Series 2023, the application for ai reduction in the minimum required parking/loading in the Residential Manufactured Home Zoning District, allowing for a total of 19 parking spaces for the 17 dwelling units on the subject parcel, as requested byt the applicant, Blueline Development, Inc. and' The Pinon Project, for property MOVED,SECONDED, AND ADOPTED THIS 21st DAY OF FEBRUARY,2023  located at 500 South Market St., is hereby approved.  BOARD OF ADJUSTMENT AND APPEALS  Glenn Leighton, Chairman  ATTEST:  Linda L. Smith, City Clerk    hopwWOCKS  rChIERCEure  December 28, 2022 City of Cortez Board of Adjustment 123 Roger Smith Ave. Cortez, CO81321  RE: Application for Variances for Pinon WAGEES Apartments at! 500 S. Market Street  Dear Board of Adjustment:  On behalf of BlueLine Development and The Pinon Project, Shopworks Architecture are pleased to submit this variance request for an approximately 0.46-acre (20,038 sf): site located at 500 S. Market Street. The site is home to an abandoned laundromat building, which has been remediated and environmentally mitigated. We are looking to renovate the building, with an addition, to accommodate anew 17-unit for-rent affordable housing apartment building for individuals most vulnerable to  experiencing homelessness, known as The Pinon WAGEES Apartments. This variance request has been assembled by thei following parties:  Developer/Co-Owner BlueLine Development 1004 South. Avenue West Missoula, MT 59801 Contact: Oriana Sanchez  Co-Owner/ Operator The Pinon Project 210 E. Main Street Cortez, CO 81321 Contact: Kellie Willis  Architect/Planner Shopworks Architecture 301 W. 45th Avenue Denver, CO8 80216 Contact: Jenna Nelson/. Alisha Hammett emaesnopmotsarc.com lshweahopwokar.com  ptanagbluelinedeyedeyelopment.com KWils@pihnonproiectorg  The site is currently: zoned Residential Manufactured Home (MH) and dwelling multifamily 7 or more units is permitted through a Conditional Use Permit (CUP) which is reviewed and approved by the Planning Commission and City Council. We are pursuing this variance request ahead oft the Conditional Use Permit application, because without the approval of the proposed waivers, the development would  be economically unviable.  We are requesting the following waivers from Code:  Section 3.10 MH, Residential Manufactured Home District: Waiver from minimum lot requirement of 2,000 square feet of lot area per affordable multifamily dwelling unit to a minimum of 1,000: square feet of lot area per unit. Without this waiver, the development team would only be able to deliver 10 affordable housing units on the 0.46-acre/20,038 sf site. By waiving the minimum lot requirement, the development team would be able to convert this former laundromat into 17 apartments which makes the development economically viable and provides much needed housing fort those most vulnerable to experiencing homelessness within Section 5.02 Off Street Parking and Loading Requirements. Parking Reduction: This future apartment building will be serving extremely low-income individuals, who typically cannot afford more than one vehicle, ifa a vehicle at all. We are requesting to park the building at a one space per unit ratio, versus the code required 2 spaces per unit. The entire apartment complex  the community.  SHOPWORKSARC COM  301 W 45THAVE DENVER,CO 80216  0:3 303.433.4094    nopwOrRS  arehitecture  is comprised of1 17 studio units, which will generate less cars than an apartment building with Section 5.02 Off Street Parking and Loading Requirements. Waive Loading Space: The City code requires all multifamily buildings to have one 12'x55' loading space per 11-30 units. Due tot this site being a one-story building, and with only 17 units, we believe that al loading space would be grossly underutilized and take up valuable space that could be better used for onsite  two or three- bedroom units. We are proposing 19 parking spaces.  parking and trash facilities.  We have provided the following table as a summary of our variances below:  Development Standard Min. Floor Areal Apartment (Section 3.10MH) Min. Parking Requirement (Section 5.02 Off Street Parking and Loading Requirements) Min. Loading Requirement. and Loading! Requirements) the Land Use Code:  R-MH  Proposed 1space per unit  2,000 square feet of lot area per 1,000: square feet ofl lot area per  affordable multifamily dwelling unit  2spaces per unit  Multifamily! buildings to have Waive requirement.  (Section 5.02 Off Street Parking one 12'x55' loading space per  11-30 units  We believe this variance request isj justified through the following criteria set forth in Section 6.17(c) of 1. There are special msanesmitingnihepopeaygnyhe the applicanti is made related tosize. hpeasa.opgaah.auroundngrondtions and location that donotapply The criteria fora a variance are specific to the property and specific existing circumstances. While this site is not necessarily constrained by size, shape, or topography, iti is constrained by the existing structure on the property. To effectively reuse the existing building in a community- serving way, iti is reasonable to grant relief from the minimum lot area, parking and loading requirements to provide housing for people most vulnerable to experiencing homelessness in 2. Thatavariancel is necessary to permit the appliçant the same ohuintausaalamegan, thatare presently enjoyed under thiscode. byother propertiesinthev vicinityand zone, but Multifamily housing is a permitted use under the Code and would be allowed on other similar properties. The minimum required square footage per uniti is constrainingi in that most economically viable apartment developments contain more than 6 units. Given the configuration oft the existing abandoned structure on the property, the use of the property as an adaptive reuse oft the building into an affordable rental housing development would not be 3. Thatgranting oft the variance on the specific propertywilli not adversely affectthe land use pattern.asoutlined byt the land use plan and will not adversely affect any other feature ofthe Should the variance be granted, the property would still maintain its zoning of Residential  generally.to other mopary.nhesameara. and zone district.  Cortez.  which rights are denied tot the subjectproperty.  feasible with the amount of square footage required.  comprehensive plan oft the city  2    nopw.WOCKS  TCRIERCEUre  Manufactured Home (MH), therefore the overall land use pattern oft the City would not be affected. Adjacent zoning includes Residential Manufactured Home toi the south and east, and Residential Multifamily (R2)1 to the north and west. The neighborhood is predominately residential, with a mix of single-family homes and apartment buildings. The proposed use and 4. That the variancei ifg granted willl ber nomaterial detimentiathepubicwelare-erinlugyia.he The proposed development is an adaptive reuse of a currently vacant, uninhabitable building to transform it to a single-story 17-unit affordable apartment building fori individuals most vulnerable to experiencing homelessness. The design will be sensitive to the neighborhood and improve the aesthetic quality of the block by renovating a currently run-down, abandoned building into an attractive affordable housing apartment building. Having the building be improved and occupied will result in many benefits to the neighborhood andi the City, by providing much needed affordable housing, and deterring vandalism. Blueline Development (developer): and The Pinon Project (operator) will provide proper maintenance oft the entire property fort the safety and comfort of residents, Pinon staff, visitors, and the community. Adequate public services are currently available fori the proposed development and should not cause a reduction in services to other existing uses in the area. The site designi includes 19 onsite parking spaces, whichi is appropriately parked fori the proposed use and the demographic oft future residents. Planning Commission and City Council recently approved a parking reductioni for Mesa' Verde Apartments setting a precedent and demonstrating an understanding ofreduced parking demand for affordable housing developments; especially for low-income individuals who often cannot afford one or more personal vehicles. The Comprehensive Plan has several goals and objectives that support this request: Strongly encourage the development ofr new housing on surplus, vacant and underutilized land throughout the City, with appropriate incentives, zoning regulations and development To meet the need of single residents, allow the development of studio apartments, boarding homes, and other single-room occupancy housing opportunities ina appropriate Encourage expansion oft the housing supply within the City of Cortez to meet the needs of Expand opportunities for quality housing that is affordable and meets the needs ofa all Encourage the private sector to provide new housing in locations consistent with Land Use Code and Comprehensive Plan policies and objectives (Policy 6.1.5) Encourage opportunities whenever possible for housing, employment and recreation that empower people of all ages and backgrounds (Policy 4.3.22) Modify development guidelines to facilitate "new urbanism" techniques, to reduce housing costs and other impacts of development when appropriate (Policy 6.4.9) Promote organizations that provide emergency housing assistance, such as subsidizing rent, mortgage, or utility payments, that prevent homelessness and other reductions of The proposed variances further the public welfare and safety of the city primarilyt through  building design are compatible with the neighborhood. u.enoyment.orvalue. oiptopatyinthevishniv.  standards (Policy 6.1.4) zone districts (Policy 6.4.31) current and future residents (p. 53) residents (Goal 6.4)  living standards (Policy 6.4.25)  implementation oft the City's adopted comprehensive plan.  3    shopwsWOCKS  arehIERcEure  5. Thats wchumnecesanhardahip hasnoth beencreated bythe applicant.  The hardship on the property is the result of how the building was originally constructed, and  the need for significant reinvestment.  6. The.proposedi luseis permitteduse ini the underlyingzone district Multifamily housing is permitted in the MH: zone district.  Thank youf fory your thoughtful consideration of our request. Please feel free to contact us if you have any  questions or concerns. Sincerely,  AK GA Alisha Kwon Hammett Shopworks Architecture    S,MARKETS ST.  20-0  2-111 2  13-0- -2-0 11111  ig   40 SIDEWALK  13-012  3/4"  25/B-  7-0 SETBACK_  15-0 SETBACK  ALLEY  PINON WAGEES APARIMENTS PROJ. NO. 22008 DATE 12/28/2022  5005. MARKETST CORTEZ. C081321  E 0 P wOrK l3    irefox  htps./Oulook.ollice65.commail/mbOxIdAAQEADg3ZGIMDg.  Cww. Grit 3  December 29, 2022  PUBLIC NOTIGE  The Gortez Ciry Councill hasr received an mpplication for Donctta Hegwood awner OfTBD N. Chestnut! SL, from Cascy Spiuzer, personal representative, They are requesting az zoning change from RI lo R2 for ths. 59- acre parcel in Cortez city limits with the1 legal description. Subdivision: CRSP ADDITION Lot: 28 Wewill bpholdinga Publie Hearing.Tucaday. Janusry 24.: 2023, m7 7:30p pm, at CorezCity Hal Gouncil Chambers. The Citys urges anyone witha ani interest in this mattert tos altend the above meeting. For furtheri information, piense contacti the Plinning and Building Department iny the Corez Ckty Hallar 123 Roger.s Smith Avente. Conez. orc cally 970 565 3402. JAPlanning BuildinglLand Ue & Planning H. 000APa andz  80'  Block:11 B612P165-66.  ofl  1/3/2023, 1:41 PM    OWNERNA CAREOFNA MAILADDRESS1 MAILCITY MALFIOCATIONADDRESS BUNDY, KENNY COREY 501 S. MARKETS SICORTEZ, CO, 81:Situs 501 SN MARKETS ST  OLSON, JAMES A. HINMAN, CRAIG CARVER, KAL D. SCHMALZ, GEORGE M,33ESTHST SAUER, PAULS.  590S1 MARKET. ST CORTEZ, CO, 81:Situs! 590S MARKET! ST 517SBEECHST CORTEZ, CO, 81:Situs 517SE BEECH ST 2309 LAI PLATASICORTEZ, CO, 81:Situs 500 S MARKETST PO BOX1432 CORTEZ, CO, 81:Situs 422S MARKETST  CORTEZ, CO, 81:Situs 33E5THST  M&T BENITEZ TRUST 7670 32NDSTREEANTEIOPE, CA, !Situs 10E6THST MARTINEZ, PRISCILLA1519: SB BEECHST CORTEZ, CO, 81:Situs 519: S BEECH ST MCANDREWS, DANIEL 525 SI MARKETSTCORTEZ, CO, 81:Situs 525SN MARKET ST SCHMALZ RENTALS LL(1902 ROLLING RC CORTEZ, CO, 81:Situs 513 SB BEECH ST MARTINEZ, CARMELLA! 530 S MARKET ST CORTEZ, CO, 81:Situs 530SMARKETST ATKINSON, BILLIEJ. 14998HWY145 DOLORES, CO, 8Situs 431 SE BEECH ST    Re: Concerned about apartment complex Nancy Dosdall ndosdal@corezcogove  Fri2/10/2023 9:53AM  To: Drew Sanders daneneronerogorae O'Brien <bikr1234545@gmail.com>linda Smith tmnoconerogopace Medina madnecon-togrolen Dobry rdohyeconarogpdpnelecyotonezcon dspruell@cdiyofcortez.com>;Dennis Spruell  dpruell@conezcogow.Chey/llndqust clindquist@cortezcogov>,Rachae. Marchbanks marclbanseconerogon Thank you again for expressing your concerns, Iwill make sure to include them ini the Board of Adjustment packet and any others received from your neighbors. Ijust want to clarify a bit about the process. The current request is a variance to the existing density standards and parking standards. The request will be heard by the Board of Adjustment on February 21, 2023 per the notification that you were sent. The Board of Adjustment only hears requests to vary standards, and does not actually approve or deny a project, just the requested variance. The property itself is zoned to allow multi-family units, however, as you corrected noted, iti is currently restricted to a maximum of 10 affordable units or 6market rate units. Ifthe variance is denied on the 21st, the parcel could proceed with a maximum of 10 income restricted units assuming they can meet all other standards. If they proceed, hearings will be required before the Planning Commission and the City Council. Although you are always welcome to speak to the City Council at a public meeting, it might be best to wait until actual meetings before them are: scheduled on the project, assuming it even, gets that far. Let me know if you have any additional  Hello Mr. O'Brien,  questions. Nancy L. Dosdall AICP Contract City Planner City of Cortez 123 Roger Smith Ave. Cortez, CO 81321 Ph: 970-565-3402 (City Hall) Cell: 970.769.8331 wwvcyoicorez.com  From: Drew Sanders dsandersecorecogpo Sent: Friday, February 10, 20238:55AM  To: Rafe O'Brien 234545epmal.com, Nancy Dosdall ndoscaleconercogpe, Linda Smith smitnecortezcogovo; Rachel Medina medmacorescogoo, Robert Dobry rdobryecorezcogov, sprveleclyolcore.com dpueleclyoforezom, Dennis Spruell dspruelecorezogoip  Subject: RE: Concerned about apartment complex  Mr. O'Brien:  Thanks for reaching out with your concerns on this. Ilearned that you just had a phone conversation with Cheryl int the planning department regarding this issue. Iti is my understanding that she clarified for you that this is NOT somehow a City generated project, but rather we received an application and must therefore process it. The notice you received is in fact part of the process, and lam pleased that adequate and timely notice was made to stakeholders such as yourself. Itis also my understanding that youl have asked to have your written comments added to the record and the Council packet for this agenda item, and we will be certain to doj just that. As part of these types of processes the City Council is constantly seeking broad perspectives on each matter that will help them arrive at1 the best decisions and outcomes. Itherefore strongly urge you to attend the applicable public    meetings (along with anyone else who is affected by this process) and express your views to the Council. All input  is much appreciated. Thanks for your involvement, Drew C. Sanders City Manager City of Cortez 123 Roger Smith. Ave. Cortez, CO 81321 Ph: 970-564-4005 www.cortezco.goy  CORTEZ  From: Rafe O'Brien 0123455egmal.com, Sent: Friday, February: 10, 20238:19AM pnuelPdlyolcore.com  To: Nancy Dosdall mooicaleconescogoo, Linda Smith smithe-conte.cogovo; Rachel Medina medimaeronezogop; Robert Dobry rdobryeconezrogoio; Drew Sanders dandeneronerogpe,  Subject: Concerned about apartment complex  Hi my name is Rafe O'Brien. Ilive on the corner of South market and 4th street at 403 South market. Ijust gota letter stating that there would be an apartment complex going up on the corner of 5th and market street. Iwas born and raised in this community, I've lived here for 33 years of my life, and this is the stupidest thing I've ever heard or seen!lI! Just to bel blunt and completely honest. I'm not one to sugar coat stuff or beat around the bush, sol I'mj just gonna get straight tot the point.... Therei is no way 17 units will fit on that corner with 34 parking spots and the ability to actually accommodate our neighborhood and have beautification put in also....If you've ever been on this side of the neighborhood, people use market street as a race! Speedway from 3rd street stop sign to 7th street stop sign. We also have children all over our neighborhood from 7th street to 3rd street. Currently across the: street for me on the other corner of 4th and market, there are 6 apartments, 6 APARTMENTS, which seems completely reasonable and actually accommodates the area that they have without over crowding.. .To trya and cram 17 apartments on that corner must be one h*** ofa a way to make a lot of money by stacking these people on top ofe each other like rats in cages....The apartment across the street is able to have a yard, 151 to 20%1 for beautification, and they have adequate apartment square footage that they need to raise a FAMILYI!! We're a rural family community, A community where people want to build and create at family. This area is not a good area to cram 17 units stacked on top of each other, Fill it with single adults, who possibly have addictions or mental illnesses, and put themi into a neighborhood where families are. Iknow what small apartments with small square footage areas crammed on top of each other put out, and its Mostly drugs. We don't have jobs in cortez, ppl aren't hiring, so how else do they pay rent??? Currently on the other corner of 5th and market at 422 South market there isa a drug dealer currently selling at this location andi it's taken us 4 years to tryt to get him removed and we still can't get him out of here. I'm not saying that all the people that would live in the apartments would have issues or would sell drugs, But from my 33 years of experience when you stack 17 apartments on top of each other, then give it a lowi income status, the people who are attracted to that are the ones that sell drugs and have mental illnesses. Int the end thisi is a poor poor poor planned idea, I'm all for having middle class/family style apartments and 6 Max. But the low income status is bulishit and thet fact that you're gonna stack 17 apartments, on the tiniest lot I've ever: seen, is absolutely asinine.... And I'm not gonna apologize for using foul language because I live here and this affects my life and will affect the rest of my life    because I plan on living here until Idie. Iwill be calling, Iwill probably be writing you: again, Iwilll be stopping by and speaking to the council on the 28th, so this will not be the last time you hear from me so please please understand that this is something that does not need tol happen in our community. I've also reached out to probably 301 to 40 people in our neighborhood and hopefully they all show up and sayt the same thing, which! believe they will. If you'd like to actually talk to me my number is (9707391970): and I will talk any time and give you as much information as Icould because Itruly believe that this is the worst, worst thought out and worst planned idea that I'ves seen the city come up with since the medians in our Main Street. This is up there with how  stupid that was/is. Thank you rafe obrien