Alpine commission approves setback variance for 502 South Fifth to allow refurbishment

The Alpine Planning and Zoning Commission on July 28 approved a variance allowing a reduced front setback for the property at 502 South Fifth Street so the owner may refurbish an existing structure that predates the city’s 25‑foot setback requirement. The action permits measured setbacks of roughly 11 feet and about 13.5 feet where the building sits closer to the property lines, rather than the 25 feet required by current code.

The variance matters because the building on the lot is legally nonconforming and, without relief, the owners would be unable to obtain permits to restore it. City staff told the commission they measured the structure and recommended the commission specify the actual distances that would be allowed so the applicants could proceed with remodeling rather than having to board up or demolish the structure.

City planner Jessica Isley told commissioners that “a portion of the building is sitting about 11 feet from their property line, and another is about 13 and a half feet from their property line,” and that approval could be limited to allowing only repair of the existing footprint. Neighbor Cara Coates, who said she owns property at 508 South Fifth Street, told the commission she and two other neighbors objected to the variance as submitted because they found the notice and application unclear and said the application did not reflect the applicant’s verbal description of planned improvements. “There’s insufficient information presented upon which to determine the impact of the request on the neighborhood,” Coates said during public comment.

Applicant Elizabeth Martinez told the commission she and her husband planned to refurbish the existing structure for family use and said the neighbors had not previously contacted her about tenant or maintenance problems: “Whenever we go over there, we park on the property, not necessarily on the street,” Martinez said, adding that she had told neighbors her intent was not to use the building as a rental. City staff warned the commission that the city cannot regulate whether an owner later rents a habitable unit: remodeling and subsequent rental would be subject to other permitting and occupancy rules.

After discussion the commission offered and approved an amendment to the original motion specifying the measured setbacks rather than the 0‑foot setback listed in the public notice, and then voted to approve the variance as amended. The commission’s decision allows the applicants to pursue building permits limited to remodeling the existing footprint; the approval does not authorize expansion of the structure beyond the specified footprint.

The subject property is described in the public record as Block 1, Lots 1–4, Ferguson Addition, with property ID 10377 and current zoning R‑3 (Apartment District). City staff said the structure predates the adopted code and is therefore nonconforming. The approval was recorded by the commission during the July 28 meeting; the applicants may now apply to the city for the permits required to begin work.

The commission’s action addressed neighbors’ requests that the application include clearer diagrams, a clarified statement of what portion of the code is at issue, a footprint‑only limitation, and a site plan for parking. Staff said they will update future public notices and packet materials to include measured setbacks and clearer exhibits.