Larimer County continues appeal over EV charging requirement for Horsetooth-area brewery site

Larimer County commissioners on Jan. 27 continued an appeal by property owners John and Rachel Ascolin seeking an exception to the county's electric vehicle charging infrastructure requirements for a proposed microbrewery near Horsetooth Reservoir (file 24-ZONE-3601).

The board voted 3-0 to continue the hearing to Feb. 24, 2025, and directed staff to renotice the matter after the Ascolins and county staff provide clearer information on the number of parking spaces proposed, on-site electrical capacity and cost estimates for required upgrades.

The appeal concerns the county's Land Use Code requirement that a percentage of a development's parking supply include EV installed, EV-capable and EV-ready spaces. Planning staff told the board that the code's required EV infrastructure is calculated as a percentage of the minimum required parking: for the Ascolin site the minimum parking requirement is 22 spaces, which would yield a small number of required EV spaces. The applicants have said they plan to show 50 total parking spaces on a revised site plan to be used in the busy summer season; that larger number would increase the EV infrastructure required under the code.

Planning manager Jenny Axmacher and county planner Justin Curry described staff's review and said development services initially recommended denial of the appeal because the applicants' proposal would not meet the code standards. Curry told commissioners staff had received additional information from the applicants the morning of the hearing and could reconsider if the applicants agreed to install some EV infrastructure.

John Ascolin, one of the property owners and the applicants' presenter, told commissioners the project is the change of use of an existing, small former water-treatment building on a 1.63-acre parcel accessed off County Road 38E into a microbrewery and tasting room with an outdoor patio. He said the applicants originally planned about 22 parking spaces but proposed a seasonal plan with up to 50 spaces to accommodate summer demand.

"We are willing to install 1 EV station for ready to charge," John Ascolin said, adding that one active charger could be provided without upgrading the site's existing electrical infrastructure. He also estimated a full electrical upgrade to serve more EV stations could add roughly 30% to the project's renovation costs.

Larimer County electrical inspector Jim Johnson, called by staff, said portions of the applicants' electrical math in the appeal packet were "at best fuzzy" and that additional transformer capacity would be required to support the larger, 50-space scenario. Johnson said his later review found the utility transformer bank at the pole feeding the property was only about 75 kVA and that a small 10 kVA transformer inside the building would need replacement to serve multiple charging stations.

Johnson told the board the existing 200-amp service could possibly support the lower, 22-space scenario and one installed charger with marginal upgrades, but the 50-space scenario would likely require replacement of the pole-mounted transformer bank. The applicants supplied rough cost figures during the hearing: Poudre Valley REA had given a $20,000 estimate for replacing transformers at the pole, contractors estimated about $35,000 for work "beyond the meter," and the applicants said total electrical upgrade budgeting could reach $60,000'$75,000 in addition to the roughly $188,000 of renovation work they had already estimated for the building conversion.

Commissioners asked whether required counts (22 versus 50) should govern the appeal calculation, how much of the electrical work would be required for the brewery conversion regardless of EV chargers, and whether partial compliance could be achieved now with additional stations added later. Curry noted staff received new information the day of the hearing and could change its recommendation if the applicants commit to installing some infrastructure.

After questioning and technical clarification from the county electrical inspector and building-inspection staff, Commissioner John Kefalas moved to continue the Ascolin EV-infrastructure appeal to Feb. 24, 2025; the motion was seconded and passed 3-0. The board instructed staff to renotice the hearing because the applicants' revised site plan could increase the project's community impact by more than doubling the number of parking spaces shown in earlier materials.

At the start of the meeting the board approved the consent agenda, which included two items (an accessory living area appeal at 4482 Howling Pines Way, file 24-ZONE-3607, and an appeal related to site-code waivers for a nonprofit market, file 24-ZONE-3703). Commissioner Jody Sheddock McNally moved approval of the consent items, and the board approved them unanimously, subject to the conditions of approval in the land use packet.

The Feb. 24 continuance will reopen public comment; the board and staff said they will provide updated materials to clarify parking counts, EV infrastructure calculations, and more detailed cost estimates ahead of the continued hearing.