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PUBLIC NOTICE
PUBLIC NOTICE
TOWN OF WINTER PARK
BOARD OF ADJUSTMENT
ZONING VARIANCE REQUEST
Applicant / Owner: Unicume Colorado, LLC
Mailing Address: PO Box 3302, Winter Park, CO 80482
Street Address of Properties for Which the Variance Is Requested: 100 Iron Horse Way
Legal Description of Properties for Which the Variance Is Requested: JANE CREEK LOT 1B, LOCATED IN SECTION 15,
TOWNSHIP 2 SOUTH, RANGE 75 WEST OF THE 6TH P.M., TOWN OF WINTER PARK, COUNTY OF GRAND, STATE OF
COLORADO.
Owner’s Detailed Description of Request: “We are requesting a variance to the overall height limitation of 55’-0” for the subject
project. We would respectfully request that a variance be granted to allow a height limitation of 69’-6” for the site located at 100 Iron
Horse Way, Winter Park, CO 80482, Jane Creek Minor Subdivision, Lot 1B at Reception 2004-006812.
The proposed project is planned to be a resort condominium community consisting of three, three and four-story structures situated
above one and two-story partially underground parking structures that will be developed on a phased basis beginning with Building 1.
This project shall utilize a parking structure to reduce the impact on the surrounding environment and watershed. Considering the
topography and other physical constraints of this property, approval of this variance request would allow the majority of the parking
area to be constructed under the building thus reducing the non-permeable surfaces surrounding the building and minimizing the
impact on the site and the neighborhood.”
Applicable Provisions of the Town Code:
§7-5B-4, BUILDING REQUIREMENTS:
B. Maximum Height For Buildings And Structures: The maximum height for all buildings and structures permitted in the D-C district
shall be fifty five feet (55') as defined in chapter 2 of this title. (Ord. 324, Series of 2002).
Due to this building height requirement, a maximum building height of 69’6”’ is not permitted in the Town Code as seen in §7-5B-4
and consequently requires a zoning variance.
The Board of Adjustment will review this case and render a decision under Section 7-8-1 of the Town Code.
Property Posted On: March 8, 2021
Additional information is available at this link: https://wpgov.com/current-development-projects/
A Public Meeting at Winter Park Town Hall, 50 Vasquez Road or online via Zoom is scheduled for:
Tuesday, March 23, 2021 at 8:00 A.M. immediately following the Planning Commission meeting. Please see agenda for
decision on meeting’s location. This will be posted at wpgov.com under “Agendas and Minutes” by Friday, March 19 at 5
P.M.
Members of the public wishing to make comment regarding the variance request may do so at the scheduled meeting, or write to
Hugh Bell, Planner, Town of Winter Park, P.O. Box 3327, Winter Park, CO 80482, or hbell@wpgov.com
.
VARIANCE REQUEST GUIDE AND APPLICATION
Background: A variance is a deviation from the set of rules a municipality applies to land use and land
development. In the Town of Winter Park, this set of rules is Title 7 (Zoning) of the Winter Park Town Code.
The body that hears and decides any application for a variance is the Board of Adjustment as detailed in
Title 7, Chapter 8 of the Winter Park Town Code.
Purpose: The Board of Adjustment has the ability to authorize variance from Title 7 of the Winter Park Town
Code so as to relieve undue hardships that are caused by reason of unusual narrowness, shallowness or
shape of a specific piece of property, or by reason of unusual topographic conditions or other extraordinary
and unusual practical difficulties.
VARIANCE REQUIREMENTS:
In order to apply for a variance, the applicant must show that, owing to unusual and extraordinary
circumstances, strict enforcement of the provisions of the Town Code will result in undue hardship.
The Board of Adjustment cannot grant a variance unless it finds, based on evidence, that ALL the following
conditions exist:
1. The property in question cannot yield a reasonable return in use or service if permitted to be used
only under the conditions allowed by the regulations for the municipality.
2. The plight of the owner is due to unusual circumstances.
3. The variation, if granted, will not alter the essential character of the locality.
The board shall also, in making its determination whether there are practical difficulties or particular
hardships, take into consideration the extent to which the following facts have been established by the
evidence:
1. The particular physical surroundings, shape or topographical condition of the specific property
involved would result in a particular hardship upon the owner as distinguished from a mere
inconvenience, if the strict letter of the regulations were carried out.
2. The conditions upon which the petition for a variance is based would not be applicable, generally, to
the other property within the same zoning classification.
3. The purpose of the variation is not based primarily upon a desire to make more money out of the
property.
4. The alleged difficulty or hardship has not been created by any person presently having an interest in
the property.
5. The granting of the variation would not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located.
6. The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion in the public streets or increase the danger of fire or endanger
the public safety or substantially diminish or impair property values within the neighborhood.
VARIANCE PROCEDURE:
1. Staff will post notice at the affected property in not less than two (2) places at least 15 days before
the date set for the hearing. Posting shall be located within 300 feet (300’) of the exterior boundaries
of the affected land in conspicuous places at distances of not less than 200 feet (200’) apart.
2. Staff will publish notice at least one time in the official newspaper of the Town- the last publication of
the notice shall be at least 15 days before the date set for the hearing.
3. The notice of hearing, which is posted and published, should contain:
a. The time and place of hearing.
b. A brief description of the land which is the subject of the matter to be heard.
c. The purpose of the hearing and the variance request.
d. Any other information which the board of adjustment considers necessary or desirable in the
public interest.
4. Notification via the U.S. mail to property owners within three hundred feet (300') of the property a
minimum of 15 days prior to the hearing.
5. The decision of the Board of Adjustment shall be reported to the applicant after the hearing.
*Board of Adjustment Meetings are scheduled as needed at the Winter Park Town Hall. Hearing dates will
be determined at time of application based on the time needed to complete proper notification.
REQUIRED APPLICATION MATERIALS:
(electronically submitted to permits@wpgov.com unless otherwise indicated)
☐ Completed Town of Winter Park Variance Application Form (see next page).
☐ Variance Application Fee - $250 check mailed or hand delivered
(cost of mailing and legal publication required after publication).
☐ Certified list of the names and addresses of the surrounding property owners within 300
feet (300’) of the extreme limits of the subject property to be printed on mailing labels.
Please physically mail or hand deliver one (1) set of mailing labels.
**Contact the Grand County Assessor’s Office to obtain certified list and labels co.grand.co.us**
☐ Electronic copy of a site plan of the subject property, from a registered surveyor. The site
plan should include any existing or proposed building footprints.
☐ Additional information to support the applicant’s variance request. This may include
drawings or photographs, letters of support, or other information which may be of benefit.
☐ Additional information as required by the Town to clarify the variance request.
✔
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VARIANCE APPLICATION FORM
Date: / /
Applicant Name:
Mailing Address:
Phone Number: E-mail Address:
Applicant is the: ☐ Property Owner ☐ Other:
Street address of property for which variance is requested:
Legal description of property:
Detailed description of the variance requested and an explanation of why the applicant believes the
variance should be granted (please attach additional sheets if necessary):
Indicate which conditions listed below relate to the property for which variance is requested.
Please note, the Board of Adjustment cannot grant a variance unless it finds, based on evidence, that ALL the
following conditions exist.
☐ The property in question cannot yield a reasonable return in use or service if permitted to be used
only under the conditions allowed by the regulations for the municipality*
☐ The plight of the owner is due to unusual circumstances*
☐ The variation, if granted, will not alter the essential character of the locality*
*For each condition checked above, applicant must provide adequate supporting evidence with this application.
Please indicate which of the following facts favorable to your application apply to this request:
☐ The particular physical surroundings, shape or topographical condition of the specific property involved would
result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the
regulations were carried out*
☐ The conditions upon which the petition for a variance is based would not be applicable, generally, to the other
property within the same zoning classification*
☐ The purpose of the variation is not based primarily upon a desire to make more money out of the property*
☐ The alleged difficulty or hardship has not been created by any person presently having an interest in the property*
☐ The granting of the variation would not be detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the property is located*
☐ The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially
increase the congestion in the public streets or increase the danger of fire or endanger the public safety or
substantially diminish or impair property values within the neighborhood*
*For each condition checked above, applicant must provide adequate supporting evidence with this application
.
Applicant Signature:
Please submit all materials electronically to permits@wpgov.com
Date Received: $250 Fee Received: Received By:
2
25
2021
PO Box 3302, Winter Park, CO 80482
602-903-5774
unicumecolorado@gmail.com
100 Iron Horse Way, Winter Park, CO 80482
Jane Creek Minor Subdivision, Lot 1B
Variance is requested to allow maximum building height of 69'-6". Please see attached supplement to this application.
✔
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✔
Mark Unicume, Managing Member
UNICUME COLORADO, LLC
PO BOX 3302
Winter Park, Colorado 80482
602-903-5774
unicumecolorado@gmail.com
________________________________________________________________________
February 25, 2021
James Shockey
Town Planner
PO Box 3327
Winter Park, CO 80482
Re: Town of Winter Park
Variance Request Submittal
Jane Creek, Lot 1B
Mark Unicume
Dear James,
We are requesting a variance to the overall height limitation of 55’-0” for the subject
project. We would respectfully request that a variance be granted to allow a height
limitation of 69’-6” for the site located at 100 Iron Horse Way, Winter Park, CO 80482,
Jane Creek Minor Subdivision, Lot 1B at Reception 2004-006812.
The proposed project is planned to be a resort condominium community consisting of
three, three and four-story structures situated above one and two-story partially
underground parking structures that will be developed on a phased basis beginning with
Building 1. This project shall utilize a parking structure to reduce the impact on the
surrounding environment and watershed. Considering the topography and other physical
constraints of this property, approval of this variance request would allow the majority of
the parking area to be constructed under the building thus reducing the non-permeable
surfaces surrounding the building and minimizing the impact on the site and the
neighborhood.
Reasons For Consideration of the Variance:
1) The subject property can not yield a reasonable return in use or service if permitted to
be used only under the conditions allowed by the regulations for the municipality due to
the site constraints including topography, wetlands, hydrology, geology and site
configuration. Specifically the topography slopes trend from 25% across the entire site to
as much as 45% in areas within the site. Approx 4,000 SF or 6% of the site is subject to
wetland impacts which will be preserved as part of the natural open space. Per the
geotechnical report, the site hydrological and geological impacts include encountering
ground water at 2’ to 12’ below the surface depending on location with the soil
conditions comprised of cobbles and boulders over granite bedrock which would
preclude any significant excavation of the site. The site configuration is irregular with
acute angles and is further encumbered by easements for Iron Horse Way and utilities
that severely limit the size of the building envelope.
2) The plight of the owner is due to natural and unusual circumstance affecting the site
including the previously referenced topography, wetlands, hydrology, geology, the site
configuration. Further, the impact of the present conditions limiting the availability of
lumber and steel resulting in Lot 1B being required to employ precast concrete twin tee
panels for the structure which are thicker than steel girders or frame beams/trusses
resulting an overall increase in building height.
3) The variance will not alter the essential character of the locality. The variance to allow
a 69’-6” height on the subject property is consistent with height and midrise character of
the existing adjacent Iron Horse properties as well as buildings in the WP Resort village
which range from 4 to 6 stories in height.
Reasons Why the Variance Should Be Granted:
1) This variance is requested based on the issues of a steep site (topography), further
limitations based on existing wetlands (surface and subsurface flows), site hydrology
(water table) and site geology (large boulders and bedrock) that adversely impact the
size and configuration of the building envelope and that further results in extensive
excavation of the site not being viable.
2) Many other sites within the zoning classification do not share the same degree of
severity as it relates to topography, wetlands, soil conditions and site configuration that
impact the subject site.
3) The purpose of the variance is not based the desire to generate a higher yield or make
more money from the subject property. The proposed project is designed to be consistent
with the density and site coverage allowed under the zoning code. The variance will not
result in increasing the project density, adding more square footage to the project than is
allowed under the zoning code, nor based upon the desire to make more money out of the
property.
4) The hardships are a result of the natural conditions affecting the site and were not
created by the applicant including topography, wetlands, hydrology, geology and
building envelope configuration. Further, given the ongoing limited supply of lumber
and steel necessitates the use of a precast concrete twin tee structure resulting in greater
separation between floors to given the thickness of the concrete twin tee structural
components.
5) Granting the variance will not be detrimental to the public welfare nor injurious to
other property in the neighborhood since the proposed building height on the subject site
will be similar to the surrounding properties, several existing buildings in the
neighborhood exceed 55' in height so the proposed buildings will be consistent with the
character of the adjacent properties. Further, given the topography of the heavily forested
site, the back and sides of the project will be substantially screened by the surrounding
pine forest. Notwithstanding approval of the requested variance, the Lot 1B buildings
will still have a maximum building elevation that is lower than the existing adjacent Iron
Horse Building D.
6) The proposed variance will not impair the supply of light and air to adjacent
properties nor will it increase congestion on public streets, increase the fire danger,
endanger public health or diminish property values. The variance will allow for the
development of the site with the least possible impact on the site and the neighborhood
by facilitating the smallest disturbance to the site resulting in retaining maximum open
space and minimizing the coverage of the site with non permeable surfaces. The
proposed project density is consistent with the allowable density on the site so the project
density or congestion of public streets will be not be increased as a result of the variance.
The project will be a first class, state of the art condominium community which we
believe will drive interest and demand in the neighboring properties which should have a
positive effect on the neighborhood resulting in increased values of all property in the
neighborhood.
We feel that approval of this variance request would not have a detrimental impact on
the neighbors, will not adversely impact the public welfare and will not alter the character
of the neighborhood. Further, it is important to note that even with the approval of the
variance request, the buildings are designed to be cut into the hillside to the extent
possible resulting in some of the building perimeter height being in compliance with the
current zoning code height limits if measured from the highest existing grades on the site.
Based on the above considerations we respectfully request that the BOA approve the
variance request to allow a 69’-6” maximum building height on the subject site based on
a the garage entry slab as the reference datum.
Thank you for your consideration and please call with any questions.
Mark Unicume
Unicume Colorado, LLC
WV
WV
S
S
SS
SS
SS
SS
SS
W
W
W
W
W
W
SS
PRV
>
>
BUILDING 1
FFE (LEVEL 1): 9177
BUILDING 2 (FUTURE)
FFE (LEVEL 1): 9164
BUILDING 3 (FUTURE)
FFE (LEVEL 1): 9164
EX. RETAINING WALL
EX. RETENTION POND
EX. 18" CMP
EX. 18" CMP
IRON HORSE WAY
(25' PRIVATE R/W)
SS
SS
SS
SS
SS
S
S
W
W
W
W
W
W
EX. 8" MID-PRESSURE WATER MAIN
(APPROX. LOC.)
EX. 8" MID-PRESSURE WATER MAIN
(APPROX. LOC.)
W
W
PROP. WATER SERVICE LINE
BUILDING 2 & 3 SAN. SERVICE
BUILDING 1
SAN. SERVICE
EXISTING 404 WETLANDS
EXISTING 404 WETLANDS
DETENTION POND
SNOW STORAGE AREA
DETENTION POND
LEVEL 1: 10 PARKING SPACES
LEVEL 2: 5 PARKING SPACES
L1 PARKING
ACCESS
LEVEL 1: 27 PARKING SPACES
LEVEL 2: 27 PARKING SPACES
L2 PARKING
ACCESS
(SHOWN)
L1 PARKING
ACCESS
L2 PARKING
ACCESS
(SHOWN)
LEVEL 1: 16 PARKING SPACES
8 SPACES
7 SPACES
L1 PARKING
ACCESS
(SHOWN)
Denver, CO
Evergreen, CO
303.670.7242
design@evstudio.com
inspections@evstudio.com
www.evstudio.com
DRAWN BY:
CHECKED BY:
DATE:
REVISION:
COPYRIGHT 2021
This document is an instrument of service, and as such
remains the property of the Architect. Permission for use
of this document is limited and can be extended only by
written agreement with EVstudio, LLC.
studio
Contact:
Brian Welch, PE
brian.welch@evstudio.com
303.670.7242 x50
UTILITY NOTIFICATION CENTER
EVSTUDIO ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS. THE UTILITIES SHOWN ON THIS DRAWING
HAVE BEEN PLOTTED FROM THE BEST AVAILABLE
INFORMATION. IT IS, HOWEVER, THE CONTRACTOR'S
RESPONSIBILITY TO FIELD VERIFY THE LOCATION OF ALL
UTILITIES PRIOR TO CONSTRUCTION.
JANE CREEK LOT 1B
SKETCH PLAN
LOCATED IN SECTION 15, TOWNSHIP 2 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
CITY OF WINTER PARK, COUNTY OF GRAND, STATE OF COLORADO
PRELIMINARY
DO NOT USE FOR CONSTRUCTION,
SALES, OR RECORDATION.
0
ORIGINAL SCALE: 1"= ' HORIZ.
20
20
402010
N
S
W
C301
SITE PLAN
BMW
BLR
02/23/2021
SKETCH PLAN
21045
200 IRON HORSE WAY,
WINTER PARK, CO 80482
JANE CREEK LOT 1B
DRIVEWAY
CONNECTION
SITE DATA TABLE
LOT AREA:
66,994 SF
DISTURBED AREA:
ON-SITE PARKING
SPACES:
16+27+27+10+6+7+8 = 101 SPACES
SNOW STORAGE AREA: 3,160 SF
BUILDING HEIGHT:
DWELLING UNITS:
(NUMBER AND TYPE)
GREEN BELT AREA:
OPEN SPACE AREA:
CONNECT TO EX. MANHOLE
INV. = 9163.76
INV. = ±9168.5
INV. = ±9166.0
EX. MANHOLE
INV. = ±9136.63
9155
9160
9165
9165
9165
9170
9175
9180
9185
9190
9195
9200
9205
>
>
BUILDING 1
FFE (LEVEL 1): 9177
BUILDING 2 (FUTURE)
FFE (LEVEL 1): 9164
BUILDING 3 (FUTURE)
FFE (LEVEL 1): 9164
EX. RETAINING WALL
EX. RETENTION POND
EX. 18" CMP
EX. 24" PVC
EX. 18" CMP
IRON HORSE WAY
(25' PRIVATE R/W)
9155
9160
9165
9170
9175
9180
9185
9190
9195
9200
9160
9165
9170
9175
9180
9185
9190
9160
9165
9170
9160
9160
9160
9165
9165
9170
9175
9175
9190
9190
9180
9185
9190
9195
9200
9180
9185
9190
S
S
W
W
W
W
W
W
EX. 8" MID-PRESSURE WATER MAIN
(APPROX. LOC.)
EX. 8" MID-PRESSURE WATER MAIN
(APPROX. LOC.)
EXISTING 404 WETLANDS
EXISTING 404 WETLANDS
DETENTION POND
DETENTION POND
LEVEL 1: 10 PARKING SPACES
LEVEL 2: 5 PARKING SPACES
L1 PARKING
ACCESS
LEVEL 1: 27 PARKING SPACES
LEVEL 2: 27 PARKING SPACES
L2 PARKING
ACCESS
(SHOWN)
L1 PARKING
ACCESS
L2 PARKING
ACCESS
(SHOWN)
LEVEL 1: 16 PARKING SPACES
8 SPACES
7 SPACES
L1 PARKING
ACCESS
(SHOWN)
Denver, CO
Evergreen, CO
303.670.7242
design@evstudio.com
inspections@evstudio.com
www.evstudio.com
DRAWN BY:
CHECKED BY:
DATE:
REVISION:
COPYRIGHT 2021
This document is an instrument of service, and as such
remains the property of the Architect. Permission for use
of this document is limited and can be extended only by
written agreement with EVstudio, LLC.
studio
Contact:
Brian Welch, PE
brian.welch@evstudio.com
303.670.7242 x50
UTILITY NOTIFICATION CENTER
EVSTUDIO ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS. THE UTILITIES SHOWN ON THIS DRAWING
HAVE BEEN PLOTTED FROM THE BEST AVAILABLE
INFORMATION. IT IS, HOWEVER, THE CONTRACTOR'S
RESPONSIBILITY TO FIELD VERIFY THE LOCATION OF ALL
UTILITIES PRIOR TO CONSTRUCTION.
JANE CREEK LOT 1B
SKETCH PLAN
LOCATED IN SECTION 15, TOWNSHIP 2 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
CITY OF WINTER PARK, COUNTY OF GRAND, STATE OF COLORADO
PRELIMINARY
DO NOT USE FOR CONSTRUCTION,
SALES, OR RECORDATION.
0
ORIGINAL SCALE: 1"= ' HORIZ.
20
20
402010
N
S
W
C401
GRADING PLAN
BMW
BLR
02/23/2021
SKETCH PLAN
21045
200 IRON HORSE WAY,
WINTER PARK, CO 80482
JANE CREEK LOT 1B
L2 PARKING
ACCESS
L1 PARKING STALLS
L2 PARKING STALLS
EXTERIOR GRADE
L1 PARKING
ACCESS
L2 PARKING
ACCESS
L1 PARKING
ACCESS
BUILDING 2 AND 3 ACCESS PLAN
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Completed 9 November 2021

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