HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2010-07-03
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
July 13, 2010, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne
Newsom, and Pete Smith; Alternate Member Jeff Moreau
Attending: Chair McCreery, Members Levine, Lynch, Newsom, and Smith
Also Attending: Director Joseph, Planner Chilcott, Planner Shirk, and Recording
Secretary Thompson
Absent: None
Chair McCreery called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None
2. CONSENT AGENDA
a. Approval of minutes of the June 8, 2010 meeting.
It was moved and seconded (Levine/Smith) to approve the minutes as presented,
and the motion passed unanimously.
3. LOT 2, BARLOW SUBDIVISION, 340 E. ELKHORN AVENUE – Variance from Estes
Park Municipal Code Section 17.66.060 (12) Roof Signs, to allow the replacement of
two non-conforming roof signs.
Director Joseph reviewed the staff report. He stated the section of the sign code that
pertains to this application is 17.66.060(12) Roof Signs. There was a previous
misinterpretation of this code, which subsequently allowed a sign to be placed on the
applicant’s roof because the sign had an angle of 45 degrees or less from vertical. More
recently, it was determined that the correct interpretation of the code meant a roof having
an angle of 45 degrees or less from vertical shall be considered a wall where signs are
concerned.
Director Joseph explained that when a change of business occurs along with a change in
signage, a structure with con-compliant signs is required to bring those signs into
compliance. Director Joseph stated there is a new tenant occupying the structure, and a
new sign is required. In order to continue using the existing sign locations, the building
owner needs a variance. Once the variance is obtained, the building owner enjoys the
benefits of the variance for any current or future tenants. This is the first variance request
for this structure.
Director Joseph explained that by looking at the architecture of this building, one would be
tempted to place a sign on the wall facing Elkhorn; however, there is a street tree directly
in front of the building that would block the view of the sign. Staff has determined the street
tree is the physical constraint of the sign. Due to the size and shape of the building, staff
has determined there is a hardship and special circumstance to place the signs lower on
the structure. Members Smith and Lynch made suggestions to the applicant for alternative
site for the signs.
Public Comment:
Steve Barlow/Applicant stated he would like to replace the old signs with the new in the
same location. He stated the previous owner was there for 16 years and had signs in the
requested location. Mr. Barlow stated if the signs were placed on the side panels, as
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
October 5, 2010
suggested by Member Lynch, they would only be visible by those already in the plaza and
not visible to those on the street. Member Smith was concerned about the size and height
of the proposed signs. Mr. Barlow stated the top of the proposed signs are 20 feet high.
Director Joseph clarified that this building does not receive the full sign frontage because
of its size. Sign frontage is one and one-half square feet of sign area for every linear foot
of frontage exposed to the street. The amount of signage that is currently on the building is
compliant with the sign code. Chair McCreery stated the business owner has the right to
determine the sign placement on his building. He did not find these signs offensive and
questioned why this type of sign was disallowed. Director Joseph explained that the
disallowance of roof signs is not an unusual standard in sign codes. The property owner
can freely choose between the different types of signs and how to use his total cumulative
square-foot allocation. If an owner decided to use all their allotted square footage on one
sign to be installed on the roof, it could ruin the architecture of the building. Member
Newsom was in agreement with Chair McCreery. Director Joseph stated the current sign
code is in the process of being revised, and a creative sign code review process that
would allow more flexibility with the regulations has been proposed. The creative sign code
process would be a way to reward good design with greater flexibility. In this case, he
cautioned the Board that they are not charged with judging the finer points of the design of
the sign. Their decision should be based on whether or not there is hardship and if so,
what is a sufficient amount of relief. It was not the Board’s charge to find a solution for the
property owner.
Chief Building Official Will Birchfield stated the total allowable signage for this business
was 30-square feet, based on the amount of building frontage. The proposed roof signs
are 24-square feet. Director Joseph stated in theory, the applicant was free to ask for one
sign measuring 24-square feet rather than two 12-square foot signs. Mr. Barlow stated the
actual size of each sign is slightly small than 12-square feet. Chair McCreery stated that
he related this application to the prescriptive rights with real estate. Unless the goal was to
clean up the sign code when applications such as this came before the Board, he was
supportive of the variance request.
It was moved and seconded (Newsom/Lynch) to approve the variance request to
allow the replacement of two three-foot by four-foot roof signs in the location
described in the submitted application, with the findings recommended by staff, and
the motion passed unanimously.
4. REPORTS
Director Joseph introduced Jeff Moreau, who will serve as the alternate for the Board of
Adjustment through June 3, 2012.
There being no further business, Chair McCreery adjourned the meeting at 9:32 a.m.
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Bob McCreery, Chair
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Karen Thompson, Recording Secretary