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 during his presentation, summarizing the staff analysis that concluded the applicant had not met the six legal criteria required for a variance. Staff cited the lack of an exceptional site-related hardship, the applicant’s opportunity to avoid the encroachment when the tent was installed, and public-safety and pedestrian-access impacts from the tent’s continued location.

The applicant, represented by Laurel Quinto with Crystal River Spas and owner Joan Langer, said the business believed the tent complied with requirements when it was erected and that Colorado Avenue and the adjacent sidewalk conditions have changed since 2010. "We were not aware of the fact that there were any stipulations on removing it or relocating it at that point," Langer said, describing the decision to use the membrane tent as a lower-cost storage solution that has remained serviceable for many years.

Quinto argued that moving the tent back to meet the 5-foot setback would impose a practical hardship by removing much of the company’s on-site storage, forcing more truck traffic onto Colorado Avenue as equipment would need to be staged off-site. The applicant also said handrails and the existing sidewalk alignment leave pedestrian space in front of the tent.

Board members questioned those claims. Commissioners said temporary-structure rules and the 2010 permit condition showed the applicant had been put on notice and that a long period of use did not create the legal hardship necessary to justify a variance. Several board members described the tent as a temporary structure that had become effectively permanent over 15 years and said finances alone do not meet the standard for a variance. Board members also emphasized pedestrian-safety concerns and the public right of way, noting the town has prioritized closing sidewalk gaps along Colorado Avenue.

A motion to deny the variance, referencing the draft findings of fact included in the staff packet, was made and seconded by Kim McGee. The vote to deny carried 5-0 (Mitch Hawes, Russ Criswell, Mike Matheny, Janet Buck and Kim McGee voting yes). The denial adopted the staff's draft findings of fact included as Attachment E in the staff memorandum.

The staff report and supporting materials in the meeting packet included historical Google Street View images, a 2010 permit inspection note about moving the tent if the neighboring property developed, and staff-prepared alternate findings for a grant of variance should the board have chosen that path. The applicant had requested, in addition to the variance, that the town consider a license to occupy the portion of Colorado Avenue the structure currently encroaches upon; the staff presenter reminded the board that the Board of Trustees would be the final decision-maker on any such license and that the Board of Adjustment's authority was limited to the zoning variance.

The record included two letters of public comment submitted before the meeting; no members of the public spoke during the live public-comment period. The board closed the item after the vote.

Following the action-item discussion, staff briefly announced that the town has hired a new town manager, Ryan Hyland, scheduled to start Aug. 4; Public Works Director Kevin Shoresman will serve as interim until then.

What this means: With the variance denied, the tent remains a nonconforming structure unless the applicant either relocates or otherwise complies with setback and right-of-way requirements. The town’s earlier attorney’s letter required the applicant to either secure a variance or bring the structure into compliance; the transcript shows the board adopted findings denying the variance but does not record a specific enforcement deadline or next enforcement step at the meeting.