John Scarffe, Boulder County. The Boulder County Commission conditionally approved the Red Lion in Boulder Canyon as a Use of Community Significance during a virtual meeting on Tuesday, May 19, 2020. Red Lion requested a Limited Impact Special Review to recognize an existing nonconforming use as a Use of Community Significance to allow for 14 residential units located on a 10.6-acre property.

Boulder County Planner II Sean Gambrel introduced the proposal for the property at 38470 Boulder Canyon Drive, on the east side of Boulder County Drive, about 0.30 miles south from the intersection of Fourmile Canyon Drive owned by Stephen D. Tebo. Staff recommended conditional approval of ten residential units on the property with one unit in each of the five historic cabins, and five residential units and the structure identified as Building 6. 

The applicant requested the recognition of 14 residential dwelling units as a Use of Community Significance on a property containing another Use of Community Significance, the Wedgewood Events Center, and an allowed use of seven previously acknowledged non-conforming residential dwelling units. These seven non-conforming residential dwelling units are not part of the Wedgewood Use of Community Significance previously approved on the parcel, according to background. 

With this review, the applicant requested that these seven non-conforming residential dwelling units, plus seven additional residential dwelling units, be included under the Use of Community Significance on the parcel. Community Planning & Permitting staff recommended conditional approval, recognizing ten total units on the site, one in each of the historic cabins and five in the structure identified as Building 6. 

Blanchard’s Lodge and its associated cabins, later known as the Red Lion Inn and currently known as the Wedgewood Events Center, was constructed over several years in the 1920s and 1930s. The property operated as a popular resort destination for vacationers from all over the nation, who stayed either in the large lodge building in the center of the property or in the handful of small cabins flanking the lodge building, according to background. 

In 1963, the original owners sold the property to Chris Mueller, who changed the focus of the lodge building from a resort to a restaurant serving residents of nearby communities. The cabins were converted to long-term rentals at this time. 

The property operated in this form for roughly 25 years. In 1983, Mueller applied for a building permit to construct a three-story duplex on the property, according to background. During this review, County staff noted the use of the existing cabins had been converted from a lodging use to a residential use, changing from vacation rentals to long-term rentals. 

A resolution as the result of the building permit application and subsequent zoning violation specified that seven existing, nonconforming residential units were recognized on the site. These seven units included the new duplex and five single-family dwellings, the original cabins built in the 1920s and 30s, according to background. 

The Resolution also specified that no new dwelling units could be constructed on the property, that the approved units could not be expanded in size, and that additional bedrooms and kitchens could not be constructed. It further required that one of the seven existing cabins that had been re-configured as a duplex without approvals or permits must be converted back to a single-family dwelling unit, and that one cabin on the property be removed in its entirety, leaving the five historic cabins and seven recognized residential dwelling units in the form of four single-family dwellings, and a duplex on the site. 

In 1992, Mueller applied for the recognition of the Red Lion Inn as a Use of Community Significance to expand the allowed uses. At the time, the Red Lion Inn was being used solely as a restaurant. During this review, seven additional residential units were identified on the site, in addition to the seven units acknowledged by the previous resolution, but these seven units were not part of the review of the Use of Community Significance for the Red Lion Inn, which determined the Red Lion Inn to be a Use of Community Significance and allowed the restaurant or lodge building to host up to 300 total guests, with cessation of the lodging use. 

In summary, the subject property approved as a Use of Community Significance included a restaurant, the Red Lion Inn, and seven nonconforming residential uses. The property changed hands again, and in 2014, the current property owner, Stephen Tebo, applied for a minor modification of the Use of Community Significance to change the use from a restaurant open to the public to an events center. Staff approved it via an administrative approval, subject to several conditions related to events being held on site. 

The approval noted 15 residential units were on the site at that time, with only seven allowed. As a result, the applicant was instructed to decommission the eight additional unrecognized dwelling units on the site.

In 2017, the County received a zoning complaint related to the eight unrecognized units, and a zoning violation was initiated on the property. The applicant has applied for this Use of Community Significance to remedy the zoning violation. 

During review associated with the zoning violation, the County determined that one of the units has been converted into a management office for the property. The current application seeks recognition of the existing 14 residential units in their current configuration. 

Gambrel told the Board the site does contain some archeologically sensitive and riparian areas with some habitat along the stream, but that is not relevant because this does not involve any new construction. The City of Boulder has property surrounding it.

The site is accessed from Highway 119 with a parking area and buildings around Wedgewood Events Center. The County received several responses regarding the application.

The entire property is eligible as a historic landmark, so Staff would like to see all of them landmarked as historical. Numerous changes have been made to the structures, so the applicant should work with the County and Fourmile Fire Department to obtain required building permits. 

The County and Fire Department have concerns with the slope to east of the property and recommended stabilization of the hill. Due to habitat conservation in the area, guests should respect fences and not go into those areas, and the applicant should conduct wildfire mitigation, install an emergency water system on the site and obtain permits for work in the floodplain.

The applicant requested 14 units, which is a departure from density codes, but units exist and staff found that allowing some buildings can align with the County’s master plan and add to the diversity of housing in the county. Staff supported the rehabilitation of the structures to meet health and safety codes, and the applicant should obtain the necessary permits to do so. 

The Fourmile Fire Protection District inspected all units in the structures on the property and noted numerous serious life safety concerns. In addition to concerns in the individual structures and units, the agency also noted the need for emergency vehicle access and turnaround, and for an emergency water source on the property. The Fire Protection District cannot support the application with the units in their current state. 

During public comment, Fourmile Fire Chief Brett Gibson said Fourmile doesn’t usually comment about density and doesn’t have an issue with density, but life safety at the property has not been addressed in 30 years, including electrical safety, emergency water and access. In addition, he suggested and strongly requested to require sprinkler systems. 

If those cabins start on fire, they will go up very fast, Gibson said, so he recommended fire suppression and early warning systems in all structures and an emergency water supply of 20,000 to 30,000 gallons, a fire lane and a parking plan, because the Fire Department has no place to turn around and get trucks close to the structures. Also, the slope on the east side of the hill did sluff during three flood events, and it made contact with a three-story apartment building.

Gambrell said the conditions address the Chief’s concerns. Staff recommended one residential unit in each cabin for a total of 10 residential units and a parking and circulation plan for emergency access. No additional cabins can be built. 

Speaking for the applicant, Mike Verhoogen said they have no problem with the conditions and will meet them. They have a letter from Fourmile Fire, and they already have some bids and a couple projects have been done. “We are on track to satisfy everything Fourmile requests,” he said.

He asked the board to consider more density and 14 units. As he reviewed the responses, they didn’t differentiate between 13 or 10 units. He has seen many of the 13 units occupied, and that has not caused any problems. He asked for a compromise of 12 units.

During Board discussion, Commissioner Matt Jones said this is an interesting one, because we know this property. When you look at code and land use decisions, what is conditionally approved here fits that. As far as the number of units, right now they are authorized for seven and staff recommends 10, which is a good compromise.

Commissioner Elise Jones said this is a unique parcel and very important to Boulder County. Affordable housing has to be balanced with density levels that are lower, and staff allowed 10 units. “We’ve landed in a good place with this.”

Chair Deb Gardner said she has been there socially, and it is a unique and beautiful place. She said she appreciates the community planning and permitting process. “It’s easy to see you are interested in coming into compliance with this.”

The Board conditionally approved the Use of Community Significance. 

(Originally published in the May 21, 2020, print edition of The Mountain-Ear.)