HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2009-06-02 RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
June 2, 2009, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Chuck Levine, Members John Lynch, Bob McCreery, Wayne
Newsom, and Al Sager; Alternate Member Bruce Grant
Attending: Members Levine, Lynch, McCreery, Newsom, and Sager
Also Attending: Director Joseph, Sign Code Officer Carolyn McEndaffer, and Recording
Secretary Thompson
Absent: None
Chair Levine called the meeting to order at 9:00 a.m.
1. PUBLIC COMMENT
None
2. CONSENT AGENDA
a. Approval of minutes dated April 7, 2009
It was moved and seconded (Newsom/Sager) to approve the minutes as
presented, and the motion passed unanimously
3. METES & BOUNDS PARCEL IN THE TOWN OF ESTES PARK SUBDIVISION, located
at 205 Virginia Drive – Request for variance from EPMC 17.66.060, Prohibited Signs
(12) Roof Signs, and variance from EPMC 17.66.130 (1)(5)(7) Nonconforming signs.
Request to allow a prohibited sign located on a roof more than 45 degrees from
vertical.
Staff Report:
Director Joseph stated the applicant, Vega LLC, wishes to change the lettering on the sign
face of an existing roof sign at the Courtyard Shops to advertise Vega Tapas restaurant,
which is located in the former Smiling Elk Restaurant location. The property is owned by
Trail Inn, LLC and is zoned CD – Commercial Downtown. It is approximately .67 acres in
size and is a mixed-used property.
The applicants, Ron and Carolyn Kilgore, are the current tenants. Director Joseph
reviewed the history of this particular sign, noting the sign code was interpreted incorrectly
and permitted in error for the previous business, Smiling Elk Restaurant. The correct
interpretation is an effort to allow a wall sign on a very steep roof. All Board of Adjustment
members commented on the difficulty of interpreting the two various ways that were
highlighted in the staff report. Director Joseph believes special circumstances exist, due to
the fact the restaurant is tucked back toward the rear of the property at the top, with little
actual frontage on Virginia drive for exposure to the public. The current location of the sign
is one of the few places it can be seen from the public right-of-way.
Director Joseph noted it is Staff’s opinion that the current tenants were not aware of the
nonconforming issues related to this particular sign until they came in to the building
department to request a permit to change the sign. The Kilgore’s assumed they would be
able to maintain the current sign and use it as advertising for Vega Tapas Restaurant.
Planning Staff supports this variance request. Sign Code Officer McEndaffer has
reviewed the square footage of the existing sign and has determined it is within the limits
for the allotted square footage.
Director Joseph recommends approval of the requested variance with conditions. He
noted this variance approval is good only for this particular sign. Changes to the existing
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
April 7, 2009
sign can only be for repair and maintenance, and also the sign lettering if new tenants
move in. These changes can be done without Board of Adjustment review. Director
Joseph stated any new owners that want to change the size of the sign or install a new
sign will have to apply for a variance if they want it in the same location.
Board and Public Comment:
Member McCreery thinks this particular sign has a ridge-line building effect, being higher
than any surrounding signs. Although he does not object to this sign, it is not a type of
advertising that he would continually support.
It was moved and seconded (Newsom/Lynch) to APPROVE the Request for variance
from EPMC 17.66.060, Prohibited Signs (12) Roof Signs, and variance from EPMC
17.66.130 (1)(5)(7) Nonconforming signs with the following conditions:
1. Compliance with the submitted application. Change of copy will be permitted
as part of the variance without further review by the Board of Adjustment
provided it does not result in a new violation of the effective sign code at the
time of the change.
2. At, or prior to, the time of issuance of a sign permit for the roof sign, the
applicant shall obtain permits for any Vega signs on the Courtyard Shop
property that require a permit.
4. REPORTS
Director Joseph told the members about the Sign Code Task Force that has been meeting for
about four weeks. This committee is discussing existing sign code issues and will provide
suggestions as to how to address those issues. He gave a brief history of the current sign
code. After the task force makes its recommendations, Staff will begin drafting language to
take to the Planning Commission for review and approval.
There was discussion between Staff and the Board concerning banners and the regulations
and exceptions currently in force. It was noted that enforcement continues to be a problem
and the task force is aware of that issue.
There being no further business, Chair Levine adjourned the meeting at 9:30 a.m.
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Chuck Levine, Chair
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Karen Thompson, Recording Secretary