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Home My WebLink AboutMINUTES Estes Valley Board of Adjustment 2007-11-06RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment November 6, 2007, 9:00 a.m. Board Room, Estes Park Town Hall Board: Attending: Also Attending: Absent: Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch, and Al Sager; Alternate Member Bruce Grant Chair Newsom; Members Dill, Levine, Lynch, and Sager Director Joseph, Planner Chilcott, Sign Code Officer McEndaffer, Recording Secretary Roederer None Chair Newsom caiied the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of the minutes of the October 2, 2007 meeting. There being no changes or corrections, the minutes were approved as submitted. b. Metes and Bounds property located immediately north of 1895 Big Thompson Avenue, Yakutat Land Corporation/Applicant — Request for continuance to December 4, 2007 Estes Valley Board of Adjustment meeting It was moved and seconded (Levine/Lynch) to approve the applicant’s request for continuance to the December 4, 2007 meeting, and the motion passed unanimousiy. 3. LOT 1, BLOCK 4, FALL RIVER ESTATES, 1400 David Drive — Request for variance from Estes Valley Development Code Section 8.1 .A, specifically in reference to Estes Park Municipal Code Section 17.66.060(13) to allow placement of an off-premise sign, and Section 17.66.110(3)b to allow the sign to placed 7.35 feet from the property line in lieu of the required 8-foot setback; and variance from Estes Valley Development Code Section 7.6.E.1.a(2) to allow the sign to be placed 26.15 feet from the annual high- water mark of Fall River in lieu of the required 30-foot setback AND LOT 4, BLOCK 4, FALL RIVER ESTATES, 1516 Fish Hatchery Road — Request for variance from Estes Valley Development Code Section 8.1 .A, specifically in reference to Estes Park Municipal Code Section 17.66.060(13) to allow placement of an off-premise sign Applicant: Elizabeth Blanchard, Vice President of Operations, Estes Park Condos Planner Chilcott summarized the staff report. This is a request to allow off-premise signs to be located at 1400 David Drive and 1516 Fish Hatchery Road. If approved, the signs will advertise five condominium/accommodations properties: Bugle Point on Fall River; Bugle Point on Fall River, Phase II; Creekside; Creekside Suites; and Antlers Pointe; as well as the rental management company for the properties, Estes Park Condos. Estes Park Condos/Applicant operates offices at the two addresses mentioned above. Sign Proposed at 1400 David Drive: The applicant requests variances to three Code sections—Estes Park Municipal Code (EPMC) Section 17.66.060(13), which prohibits off-premise signs; EPMC Section 17.66.110(3)b, which establishes an eight-foot minimum setback from any property line for RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 6, 2007 free-standing signs; and Estes Valley Development Code (EVDC) Section 7.6.E.1.a.2, which requires accessory structures to be set back at least thirty feet from the annual high- water mark of river corridors. If these variances are granted, the applicant wiil modify the existing sign to advertise all the condominium properties and the rental management company. The sign will remain 7.34 feet from the front property line and 26.15 feet from the annual high-water mark of Fall River; the sign dimensions will not change. The current location of the sign is the most visible location to passersby on Highway 34. Sign Proposed at 1516 Fish Hatchery Road: If the requested variance to EPMC Section 17.66.060(13), which prohibits off-premise signs, is granted, the applicant will remove the existing Bugle Point entry sign and replace it with a larger, 56-inch-by-48-inch sign advertising all the condominium properties and the rental management company. In considering the requirements of the EPMC in granting variances for signs, specifically whether special circumstances exist, the applicant has stated that the properties function as one; there is one on-site rental management company for all five properties. The proposed signage would reduce traffic in the neighborhood by better directing guests to the rental management offices. It will also assist town and emergency personnel in locating the correct office. Planner Chilcott indicated the circumstances of this variance request do not apply to all businesses. Staff finds that at the 1400 David Drive location, the front property line setback and the river setback overlap at the corner of the lot where the sign would draw the most attention to the property. The impact of the sign to the river corridor is minimal. The Board must determine whether the requested variances would be in general harmony with the purposes of EPMC Chapter 17.66, Signs. No comments in support or opposition of the variance request were received from neighbors or others. The Board must also determine if these are the minimum variances necessary to draw attention to the enterprise. The Board must consider the requirements of the Estes Valley Development Code in granting variances, including whether the variance would affect the delivery of public services. The Public Works department has stated both signs are located in utility and/or pedestrian hike/bike easements. Future use of the easements may require the property owner(s) to relocate the signs outside the easements at their own expense. In considering whether the applicant’s predicament can be mitigated through some method other than a variance, staff suggests that adding “Estes Park Condos” to each of the two signs and instructing guests to look for the Estes Park Condos signs would alleviate the need for the off-premise sign variance. No options exist for locating a visible sign at the 1400 David Drive address that complies with setback requirements. The variance requests were routed to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town of Estes Park Sign Code Officer Carolyn McEndaffer and from Town Attorney Greg White. Discussion followed regarding the hike/bike easements. A sidewalk is already in place at the Fish Hatchery Road location; there are no current plans to increase the width of the sidewalk. The hike/bike path has not yet been designed at the David Drive location. Public Comment: Elizabeth Blanchard/Vice President of Operations, Estes Park Condos provided information on the development and acquisition of the five accommodations properties. Guests request a particular condo location and know the names of the individual properties. The rental management company has not been successful in trying to instruct guests to check in at the Estes Park Condos office; guests create unnecessary traffic in the neighborhood by driving around looking for the check-in location. Guests have requested signs that list all the rental properties. The applicant may be interested in adding a directional indicator to the signs to point guests toward the check-in offices. Ms. Blanchard provided copies of letters of support from neighboring property owners Craig and Keeley Hansen, owners of The Evergreens on Fall River, and a summary of Homeowners’ Association Board votes on the proposed signs from Creekside Suites, JL RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 November 6, 2007 Creekside Condos, Bugle Pointe Phase I, Bugle Pointe Phase II, and Antlers Pointe indicating approval of the majority of board members. There was discussion between Board members and staff regarding the signs for Fall River Estates and Fall River Center, also located at David Drive, and who is responsible for their maintenance. Member Lynch suggested a condition be added to state specifically that a non-contiguous property (if one should be purchased and/or managed by Estes Park Condos in the future) can not be advertised on the two signs under consideration. Ms. Blanchard indicated her agreement with this condition. It was moved and seconded (Levine/Lynch) to approve the variance request for Lot 1, Block 4, Fall River Estates; 1400 David Drive; to allow placement of an off-premise sign, to allow the sign to be placed 7.35 feet from the front property line, and to allow the sign to be placed 26.15 feet from the annual high-water mark of Fail River; and to approve the variance request for Lot 4, Block 4, Fall River Estates; 1516 Fish Hatchery Road; to allow placement of an off-premise sign; with the findings and conditions recommended by staff and the addition of Condition #4; and the motion passed unanimously. CONDITIONS: 1. Compliance with the submitted application, including the proposed sign plans. However, staff shall have the authority to approve minimal revisions to the signs in the future without further Board of Adjustment review. 2. Compliance with Carolyn McEndaffer’s comments in her memo dated October 26 2007. 3. Both signs are located in easements. Future use of the easements may require that the property owner(s) relocate the signs outside the easements at their expense. 4. Non-contiguous property owned or managed by Estes Park Condos shall not be advertised on the proposed signs. 4. REPORTS None. There being no further business. Chair Newsom adjourned the meeting at 9:37 a.m. r, ^cording Secretary