Dolores Town Board mulls variance for new garage

Dolores Town Board mulls variance for new garage

Sept. 13, 2001

By Janelle Holden
Journal Staff Writer

The merits of the Dolores Land Use Code came under scrutiny on Monday when the Dolores Town Board considered approving a variance for a building in the downtown business section.

Frank Hensen, the owner of Hensen Construction, leased his office building next to the Hollywood Bar at 419 Central Ave. to the U.S. Forest Service earlier this year for office space. One condition of the lease, however, was that Hensen would build a garage on the back of the building to house the Forest Service’s fire engines.

But in order to build the garage, Hensen’s building would cover 100 percent of the lot to the edge of the alley that runs behind the building. The Dolores Land Use Code only allows for building on 50 percent of a lot in the community business district, and requires a 25-foot setback in case of fires, for deliveries to businesses in the district, and for off-street parking.

As a result, Hensen’s initial building permit was denied on July 2, and he has applied for a variance and special exception from the setback requirement.

The Dolores Planning and Zoning Commission unanimously approved Hensen’s request, but commission chairman Rob Peterka said if he could vote, he would have voted against it.

"I personally would have opposed it. One, I don’t like the idea of encroaching to the alleys to the line, but there are other reasons besides safety," said Peterka, who worries that if the board decides to grant variances for every project that goes over the 50-percent limit in the community business district, building in town would become completely arbitrary and at the whim of the board.

The process is also expensive. Applying for a variance and special exception costs $260 an application.

"I think it’s dangerous waters," said Peterka. "If they approve it, then we need to seriously consider the land-use code soon."

But Peterka admits that the 50-percent building limit is a bit severe in a business district. "I think it’s excessive myself, but I really think that we need to look at the land-use code and see if this is working."

Peterka’s sentiments were echoed by town-board member Val Truelsen on Monday.

"I think we should be looking at this not in the question of one lot, but in the question of the whole business district. The only way of fairness, if we approve this, is to proceed with changing the land-use code for the whole downtown business district,"said Truelsen.

In a letter to the board explaining the denial of the initial building permit, Lancaster also pointed out that others had asked for such a variance and not received one.

"Other potential businesses in that district have requested an exception to the 25-foot rear setback but have not formally requested through a public hearing.

Recently, a request was made for a building permit to build a shop/garage at 109 N. Fourth, but when the Land Use Code was looked at, no other formal action was taken," she wrote.

Hensen said the new garage would be a win-win situation for the town.

"If you look at the historic use of our building, we’re a construction company. Everything that comes off job sites end up there. It’s been a junk pile for a long time. We’re trying to clean it up. This lease to the Forest Service, I view as being good because this will clean up the back of that building," said Hensen, who said a poll of the neighbors found them "highly in favor of it."

Hensen also cited the economic benefit of providing more office space in the town and wrote that "allowing this addition will in no way result in unnecessary hardship for the town of Dolores."

The variance also brought up the thorny issue of the town’s own land negotiations with the Forest Service.

The town and the Forest Service are currently working on a land exchange that involves five pieces of property the Forest Service owns in and around Dolores, and 56 acres at the Dolores Industrial Park, which is currently undeveloped outside of town.

If the exchange works out, the Forest Service plans to use the industrial park to build a permanent bunkhouse for fire crews, a garage for fire engines, and an office complex.

Mike Znerold, the district ranger at the Dolores Public Lands Center, said the Forest Service’s five-year lease with Hensen’s wouldn’t damage the land exchange with the town.

He said the land exchange would not likely be completed for another year, and a bunk house and storage area for fire equipment won’t likely be finished until 2006, with office spaces built at least a year after that.

"So, we’re still going to need the leased office space and the fire engine space that Hensen is going to lease us," explained Znerold.

Hensen was unaware of the town’s land use code when the deal was made with the Forest Service, he claimed.

"So we’re left with kind of the perplexing situation where the office space is available but the engine garage is not available, and there is no assurance it will be available," explained Znerold.

He added that the Forest Service has given Hensen the option of building a garage to house the fire engines in another location in Dolores if the variance is denied.

At the meeting, Hensen told the board that the board’s negotiations with the Forest Service should not sway their decision.

"Wouldn’t that create a conflict of interest for you?" Hensen asked. "I don’t think you should look at this. That would be prejudicial."