Carbondale board denies variance to keep Crystal River Spas' tent in Colorado Avenue right of way

CARBONDALE, Colo. — The Carbondale Board of Adjustment on June 25 unanimously denied a request by Crystal River Spas to allow an existing tent at 1197 Main Street to remain within the Colorado Avenue front-yard setback and public right of way.

The board voted 5-0 to adopt the staff recommendation to deny the setback variance. If the variance had been approved, the board could have forwarded a recommendation to the Board of Trustees on a separate town license to occupy the Colorado Avenue right of way; the trustees are the final authority on any license to occupy.

Staff told the board the application requested a reduction of the required 5-foot front-yard setback from Colorado Avenue to 0 feet so the tent could stay in its current location. Staff’s packet reported the tent encroaches into the Colorado Avenue right of way by about 2.1 feet on the western edge and about 3.3 feet on the eastern edge. Jared, the town planner presenting the staff report, said the town's records show a building permit for the tent was issued in 2010 and that a condition of final inspection required the structure be moved if the neighboring property at 1201 Main Street was developed.

“Staff is recommending that the variance application be denied,” Jared said…