HomeMy WebLinkAboutMINUTES Planning Commission 1972-03-21nfl
RECORD OF PROCEEDINGS
Planning Commission Meeting
March 21,1972
Committee:Chairman Glenn Prosser,Ronald C.Brodie,Henry D.
Dannels,Charles F.Hix,Harry Miles,N.T.Petrocine,
Robert E.Wagner
Attending:Chairman Glenn Prosser,Henry ID.Dannels,Charles F.
Hix,Harry Miles,Robert E.Wagner
Also Attending:Secretary Dale G.Hill,Town Planner and Engineer
Bill Van Horn
Absent:Ronald C.Brodie,N.T.Petrocine
The minutes of the meeting held on February 15,1972,were read and
approved as read.
LOT 31,RIVERSIDE ADDITION:
The Commission proceeded to conduct a hearing regarding the rezoning of
a portion of Lot 31,Riverside Addition to the Town of Estes Park.It
is proposed this property be rezoned from the existing R-2 Multiple-Family
District to C-i Commercial District.Speaking in favor of the rezoning
were Mr.R.Paul Firnhaber,Mrs.Frank Tennin,Dwne Herman.A letter
in favor of the rezoning was received from Mr.Robert N.Mobus.There
were no persons present opposing the rezoning.Member Miles moved that
this hearing be continued to April 18,1972,at 3:00 P.M.for the pur
pose of consolidation of several pieces of property in this area for the
same type of zoning.Member Hix seconded the motion.Upon roll call
the motion unanimously carried.
PORTIONS OF LOTS 29 AND 30,RIVERSIDE ADDITION REZONING:
A petition for rezoning portion of Lots 29 and 30,Riverside Subdivision,
were presented to the Commission by Dwayne and Carol Herman.It is pro
posed this property be rezoned from the existing Multiple-Family District
to C-l Commercial District.Mrs.Frank Termin was present and requested
her property be included in this petition for rezoning.Member Miles
moved that the Planning Commission conduct a public hearing regarding
the above rezoning request on April 18,1972,at 3:00 P.M.Member Wagner
seconded the motion.Upon roll call the motion unanimously carried.
VILLAGE ACRES REZONING:
The Planning Commission proceeded to conduct a public hearing regarding
the proposed rezoning of Village Acres Addition from the existing R-l
Residential District to R Residential District.Mr.Howard Young spoke
in favor of the rezoning.The petition for rezoning contained signatures
of approximately sixty-five percent of the owners.There was no one
present in opposition to the rezoning.Chairman Prosser declared the
public hearing closed.Member Wagner moved the Planning Commission re
commend to the Board of Trustees this property be rezoned as proposed.
Member Hix seconded the motion.Upon roll call the motion unanimously
carried.
AL FRESCO PLACE REZONING:
The Estes Park Planning Commission proceeded to conduct a public hearing
regarding the rezoning of that portion of Al Fresco Place Subdivision
lying north of highway 34 by-pass from the existing R-l Residential
District to H Residential District.Those speaking in favor of the re
zoning were:Lois Schmidt,Bess Rudolph,Mildred Pagano,Joe Crowley,
Louis A.Cherbeneau and Mildred Hutchinson.Those speaking in opposi
tion to the rezoning were Louis Kenneffer.Chairman Prosser declared
RECORD OF PROCEEDINGS
Planning Commission Meeting
March 21,1972
Page two
the public hearing closed.Member Miles moved the rezoning,as requested,
be recommended to the Board of Trustees.Member Wagner seconded the
motion.Upon roll call the motion unanimously carried.
DEVILLE SUBDIVISION:
_presented the
Mr.Joel Bacon and Mr.Edward DeVilbiss/preliminary plat of DeVille
Subdivision for approval.Town Engineer and Planner Bill Van Horn re
viewed the following letters regarding this subdivision:
1.Mountain Bell -March 6,1972.
2.State Department of Highways -March 14,1972.
3.Water Department -March 21,1972.
4.Town Attorney -March 2,1972.
5.Town Engineer -March 21,1972.
6.Light &Power Department—March 2,1972.
Town Planner Van Horn explained to the Planning Commission that the
sanitary sewer system would have to be installed in such a manner as to
meet the requirements of the Estes Park Sanitation District.Member
Wagner moved that conditional approval be given the preliminary plat of
DeVille Subdivision and this condition be that all of the requirements
as set forth above in the letters listed be complied with and that a
satisfactory agreement be concluded between the owners of the subdivision
and the Estes Park Sanitation District.Member Dannels seconded the
motion.Upon roll call the motion unanimously carried.
PETITION FOR EXCEPTION-JOUN E.&JOAN E.SMITH-PROSPECT TERRACES:
Mr.Edward J.Hummer,attorney representing John I.and Joan E.Smith,
owners of Lots 24,25,26,27 and 28 in Block 9,Country Club Manor
Addition to the Town of Estes Park,appeared before the Planning Commi
ssion to request exceptions to the subdivision ordinance as contained
in the attached petition that is made a part of these proceedings by
reference thereto.
Letters from the Town Attorney and the Assistant Town Attorney,dated
January 10,11 and February 14,1972,were considered by the Planning
Commission.After considerable discussion,Chairman Prosser tabled
action on the above request until such time as Attorney Hummer,the
Planning Commission staff and the Town Attorney can resolve some of the
legal problems involved.
RED ARROW CAMPGROUND SIGN VARIANCE:
The Larimer County Planning Department submitted,for recommendation,
a request from the Red Arrow Campground for signs that would not con
form to the county code without variances from the Larimer County Board
of Adjustment.Mr.Doug Rinn,part owner of the Red Arrow Campground,
spoke in favor of the sign variance.Letters from the Estes Park Area
Accommodations Association and the Estes Valley Improvement Association,
dated March 8 and 10,1972,were considered by the Planning Commission.
Member Dannels moved that the Estes Park Planning Commission recommend
to the Larimer County Board of Adjustment that this request for sign
variances be denied.Member Wagner seconded the motion.Upon roll call
the motion unanimously carried.
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RECORD OF PROCEEDINGS
Planning Commission Meeting
March 21,1972
Page three
PINEWOOD ACRES FINAL PLAT:
Engineer Paul Van Horn and owner,Mr.M.R.Thompson,submitted the
final plat for ThompsonTs Pinewood Acres Resubdivision.Town Planner
and Engineer Bill Van Horn reportedto the Planning Commission that the
plat was in compliance with the Municipal Code.Member Dannels moved
the plat be approved.Member Hix seconded the motion.Upon roll call
the motion unanimously carried.
REZONING ThOMPSON’S PINEW000 ACRES:
A petition was submitted by Mr.M.R.Thompson to rezone Thompson’s
Pinewood Acres Resubdivision from the existing R-l Residential District
to a proposed R Residential District.Member Hix moved that a public
hearing be held on April 18,1972,at 3:00 P.M.to consider this re—
zoning request.Member Wagner seconded the motion.Upon roll call the
motion unanimously carried.
There being no further business,the meeting adjourned.
Glenn Prosser,Chairman
Dale G.Hill,Secretary
TOWN OF ESTES PARK
ESTES PARK,COLORADO
ATTENTION:PLANNING COMMISSION
PETITION FOR EXCEPTION UNDER ORDINANCE 27.4-1
STATE OF COLORADO)
COUNTY OF LARIMER)
Comes Now,John E.Smith and Joan E.Smith who respectfully
petition for an exception under Chapter 21 of the Municipal Code of the Town
of Estes Park which would authorize said owners to sell the air space above
Lots ,24,25,26,27 and 28 In Block 9,Country Club Manor Addition to the
Town of Estes Park,County of Larimer,State of Colorado.
In support of this Petition,petitioners state that said
premises are occupied by individual cottages on the east and west one-half éf
the lots above described which were formerly owned by Fred G.Samuelson and
Theresa Sanuelson and operated as a tourist court.
Petitioners further state that there are special circumstances
effecting said premises,to-wit:
1.No change is being made in the lots as originally platted
and as shown on the map of the Town of Estes Park,Colorado no changes will be
made in the street or public utilities effecting said lots as shown on the
original plat thereof.
2.Since the cottages now occupying the east and west one-half
of said lots are already built and have been in existence for many years,the
sale of the air space will simply define the area of usuage for each cottage
under Individual ownership thereof with provision made for common recreation
area,ingress and egress and utility easements and off street parking areas
(the whole of Lot 28).
3.As indicated above the premises were formerly used as a
tourist court but such use is no longer economically feasible and the present
plan would provide Individual ownership of the cottages and prevent the deterio
ration of the area to that of a low grade tourist court with the norially
expected eye sore and problem area that such deteriorated units generally
involve.The change would provide for necessary utility easements and also a
“green spot”for recreation.
4.Theoretically the dividing line running north and south
through the middle of the lots would establish the boundary line of owner1hip
of the air space included with the cottages.
5.Technically speaking,the units would hot be condominiums
because the word condominium generally involves a non-profit corporation for
care and maintenance for all the property whereas in this instance each cottage
owner would be responsible for his own cottage but the petitioners would have a
degree of control over the use of the land itself.As a practical matter it
would not be economically feasible to provide the rental service,care and
maintenance that normally accompanies condominiums.
6.PetitIoners feel that this would be for the best intetest
of the Town and acting in good faith assumed that they had oGosent of the
Town after reviewing the plans with the Town Engineer on May 11,1971.
Subsequently at the request of,and the convenience of the
title company,a plat was drawn Identifying the easements and a common recrea
tion area for the certainty and means of identification of the title company.
Edward J.Hummer,Attorney at Law,Estes Park,Colorado
*llo
A copy of the original plat and a copy of the plat made for the
convenience of the title company Is attached hereto and Incorporated herein by
reference to illustrate the matters hereinabove set forth and to show that
there is no resubdiviston of the original subdivision and to illustrate that
this use of the land is in the best Interest of the community to preserve the
individual buildings in said area.
C )/
Edward J .flummer
Attorney for John E.Smith and
Joan E.Smith
State of Colorado )
County of Larimer )
Edward J.Hummer being first duly sworn states that he is an
attorney at law and in fact for John E.Smith and Joan E.Smith an4 that he has
prepared the foregoing Petition and that the facts stated cj-aiVare true.
Sworn to before me by Edward J:w ;ter day of
January,1972.
My commi ss ion expires CMM1SSAo4j EXP1tES OCT.19,1975
,.
-z//4/Ilotary b1’T
Edward J.Hummer,Attorney at Law,Estes Park,Colorado