Title
A Use Variance to allow the establishment of a Child Day Care Center, Large use in the R-E (Single-Family Estate) zone district consisting of 4.83 acres located at 2380 Montebello Drive West. (Quasi-Judicial)
Related Files: N/A
Located in Council District 1
Presenter:
Molly O’Brien, Planner II, Planning Department
Kevin Walker, Director, Planning Department
Body
Summary:
Owner: Church of the Front Range c/o Michelle Woodruff
Developer: N/A
Representative: Kevin Ross, Church of the Front Range
Location: 2380 Montebello Drive West
This application proposes establishing an after-school childcare center and summer camp co-located with an existing religious institution. The site previously operated as the Garden Ranch YMCA, which offered childcare services consistently until 2020 when the organization ceased to operate at this location. There are no proposed changes to the existing facilities on site.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed application(s).
Review Criteria:
The review criteria for a Use Variance as set forth in City Code Section 7.5.527 (UDC) are noted below. The City Council may approve the application or approve it with conditions if Council finds that the following criteria have been met:
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the Use Variance would result in undue property loss and not solely a mere inconvenience or financial disadvantage;
2. That the Use Variance is necessary for the preservation and enjoyment of a property right of the and if not approved, the property or structure cannot yield any beneficial use;
3. That the Use Variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property
4. That the hardship is not the result of the applicant’s own actions;
5. That because of these conditions, the application of the UDC prohibition on the requested use on the subject property would effectively prohibit or unreasonably restrict the use of the property;
6. That the Use Variance is not being requested primarily to avoid the time or expense of complying with UDC standards generally applicable to similar properties and development.
Staff finds that the proposed application meets the review criteria.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted unanimously (7-0) to recommend approval of the Use Variance at the May 14, 2025, meeting.
Recommended Action
Proposed Motions:
Should the City Council wish to approve the Use Variance application, the following motion is suggested:
Approve the Use Variance to establish a Child Day Care Center, Large use in the R-E (Single-Family Estate) zone district based upon the findings that the request complies with the Use Variance criteria as set forth in City Code Section 7.5.527.
Should the City Council wish to deny the Use Variance application, the following motion is suggested:
Deny the Use Variance to establish a Child Day Care Center, Large use in the R-E (Single-Family Estate) zone district based upon the findings that the request does not comply with the Use Variance criteria as set forth in City Code Section 7.5.527.