Estes Park board approves variance allowing four cabins to encroach into Fall River Road buffer

The Board of Adjustment for the Town of Estes Park voted unanimously June 2 to grant a variance allowing four proposed short‑term rental cabins at 2831 Fall River Road to encroach up to 10 feet into the required front setback and landscape buffer.

Joe Bareric, planning and permit technician for the town, presented the application and told the board the applicant proposes to plat two parcels totaling 3.61 acres and ultimately develop about 16 detached short‑term rental cabins. "The applicant is requesting approval of a variance for reduced building setback and landscape buffer," Bareric said, describing the request as an encroachment by four cabins into the arterial frontage along Highway 34.

The staff report reviewed applicable sections of the Estes Park development code and said the property is zoned A (accommodations). Bareric described site constraints including narrow parcel shape, steep grades and rugged terrain, and explained the applicant located the cabins to reduce tree removal and avoid extensive regrading. He told the board the proposed encroachment is limited to corners of four units, a maximum of 10 feet (about 100 square feet each) rather than reducing the setback across the entire 914 linear feet of frontage. Staff recommended approval with conditions including platting the two parcels by minor subdivision and the submittal of a development plan and a landscape/tree protection plan before any building permits are issued.

Board members questioned whether the mature evergreens in the nearby right‑of‑way could be relied on for screening. A staff member responded that the town does not control those trees and "we did not want to say they would be there forever," noting Colorado Department of Transportation (CDOT) could decide to remove them and that fire‑mitigation requirements might affect tree retention.

At public comment, Curtis Kelly, a property owner at 2850 Fall River Road, said he has lived in the area since 1984 and urged sensitivity to sightlines and neighborhood character. "As you move toward the east side of the proposed development, the cabins would very much be in sight lines of the homes below," Kelly said, and raised concerns about nighttime lighting, noise and privacy for adjacent homes.

After discussion the board approved the variance consistent with Exhibit A and the conditions outlined in staff’s report. The approval allows the applicant to move forward with the minor subdivision and required development plan review; all required public notices had been completed, the staff report said. The board also approved routine agenda and minutes items at the start of the meeting and then adjourned.

Votes at a glance: the agenda and consent minutes were approved unanimously; the variance for 2831 Fall River Road was approved unanimously. The development will require a minor subdivision plat and an approved development plan and landscape/tree protection plan before any building permits can be issued.