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HomeMy WebLinkAboutMINUTES Board of Adjustment 1996-08-06BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment August 6, 1996 Board: Attending: Also Attending: Absent: Acting Chairman Pauley, Members Barker, Baudek, Newsom, Sager All Public Works Director Linnane, Building Official Allman and Secretary Botic None Acting Chairman Pauley called the meeting to order at 8:00 a.m. 1. MINUTES It was moved and seconded (Newsoiri“Sage3r) the minutes of the July 2, 1996 meeting be approved, and it passed unanimously. ELECTION OF OFFICERS Don Pauley was nominated Chairman and it passed unanimously. Al Sager was nominated Vice Chairman and it passed unanimously. TOWN OF ESTES PARK. SECOND AMENDED PLAT, LOT 8. BLOCK 10, 311 BIG HORN DRIVE. BRUCE MEI SINGER/APPLICANT__= REQUEST FOR VARIANCE FROM SECTION 17.20.040 B.l.a. AND b. OF THE MUNICIPAL SIGN CODE. Applicant is proposing to erect an attached garage to a single family dwelling. Building Official Allman reviewed his staff report and recommended approval. Members Barker and Pauley expressed concerns for safety and the right- of-way issues. Public Works Director Linnane noted the following concerns: the setbacks with or without the garage; the house encroachment into Public right-of-way, the proximity of the proposed garage to the right-of-way and drainage issues at the north west corner and across the property line. The drainage enters the site and pools at the existing garage which may be converted to finished space. He requested the setback be increased to at least 5 feet, which may change the garage to 21 feet from the proposed 24 feet to allow for a culvert or other drainage facility to be installed. He also requested to review the drainage detail proposal and stated a drainage easement would be needed along the west property line. He noted that h of the guard rail would need to be removed, the driveway slope should not exceed 13% and less would be better. He favors the relocation of the driveway only because it would improve site distance from 50' to 100'. Before construction, the right-of-way needs to be staked as well as the proposed qarage and Linnane recommends no less than a 1' setback. He noted that if and when the house is sold, there may be financing problems due to right-of-way issues. He offered his help with ideas on drainage details. In response to Member Newsom's suggestion to have the Town vacate the right-of-way, Mr. Linnane noted this is an expensive process which would involve a legal survey, ordinance, approval by Public Works Committee and Town Board and financed by the lot owner, not the Town, since the right-of-way existed before the house was constructed. Applicant Meisinger stated the house was constructed at the time the Lewiston Hotel was built. He came before this Board seeking approval to build a garage, if approval is given he will consider if he has finances to proceed with the and conditions which may be added. Artistry Homes will be building in the adjacent lot and have assured him they will proceedwith their plans to have drainage on the other side of BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment August 6, 1996 Page 2 4. a wall they will install. He plans to turn the existing garage into living space and dig a ditch around it and add flashing to help with the water flow. Dan Gallager, President of Artistry Homes, stated he had purchased the adjacent property and had identified the historic water drainage problems and due to being a 'good neighbor', he wants to work with Mr. Meisinger and would be willing to add a culvert or swale on his property to solve the problem. Member Sager noted the water service line's existence needs to be recognized. Public Works Director Linnane requested: 1) he be authorized to approve drainage plans prior to issuance of a building permit, 2) if needed, obtain a drainage easement, 3) the right-of-way be vacated in conjunction with the building permit, 4) guard rail detail to be approved, 5) adjusting proposed setback to accommodate drainage, 6) have the driveway slopes on the plan. Mr. Meisinger stated he had no objection to these conditions. Emerson Hazlett, President of Lewiston Condo Association, stated the Association applauds Mr. Meisinger's efforts to improve the neighborhood and endorses his efforts. It was moved and seconded (Sager—Newsom) the setback variance be granted for 311 Big Horn Drive, Lot 8, Block 10, Town of Estes Park, Second Amended Plat, and it passed unanimously based on the following conditions. 1. Drainage approval by Public Works prior to issuance of a building permit. 2. If needed, obtain a drainage easement. 3. Right-of-way be vacated in conjunction with the building permit. 4. Guard rail detail approved by Public Works. 5. Adjust proposed setback if necessary to accommodate drainage. _ . 6. Steep driveway will be at applicant's risk, but not to exceed 13%. . j i. a.7. Recognize the existence of water service line and shut off valve. 1?n WOODSTOCK DRIVE. LOT 16A. DEVILLE SUBDIVISION, WILSON .jWD RAMONA RAIMS/APPLICANT — REQUEST FOR VARIANCE FROM SECTION 17 66.300#2 OF THE MUNICIPAL SIGN CODE. Applicant is proposing to erect a sign that is taller than the allowed twenty five feet in place of the existing sign. Building Official Allman gave the Board copies of current Rains Ford Motor existing Sign Permits and information from the Sign Company for their review. Mr. Allman received one telephone call from Glen Manske stating he would not support a sign exceeding the code. Mr. Allman reviewed his staff report recommending denial of the proposed sign. Applicant Rains stated the existing sign has been up I6 vears and currently exceeds Town code by 3' as it is 28' tali, and the request is for an additional 3'. He stated the sign was damaged in January and he has tried to resolve this issue for several months. He does not own the sign, it is owned by Ford Motor Company. He has no control over Ford. He discussed with Ford the option of cutting the pole, digging a deeper hole and neither was acceptable to Ford. He noted his site is an industrial area, no view is blocked, there are existing telephone poles, high wires, and fairgrounds obstructions. He also emphasized his business input to the community with tax dollars and employment opportunities. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment August 6, 1996 Page 3 5. Member Sager noted the sign has been in existence 15 years and should have been changed 7 years ago to conform with the Sign Code and that Ford's consideration should be with Mr. Rains' compliance with Municipal Code. Mr. Sager read from the Sign Code and noted that three conditions must exist to approve a variance. Mr. Rains responded he believes the request does contain all conditions. In response to Member Barker's question of concerning the existing sign, Mr. Rains stated this sign is no longer made and he is not allowed to make any alterations to it. Member Newsom acknowledged the difficulty of this issue and asked if the sign company could send a representative to the Board of Adjustment. Mr. Rains noted the problem is with Ford Motor Company; they have guidelines in the franchise agreements which are acceptable in most communities. Chairman Pauley requested Mr. Allman speak to conformance issues. Mr. Allman noted that other businesses have worked with their headquarter company and approved signage has been installed. Member Sager moved the variance be denied. Motion died for lack of a second. A Hi «5cussion followed with Member Barker expressing concerns wh^ihe^ all opportunities have been explored, shttrng a precedent, and noting this, unique situatron. Char^an Pa^ey cn expressed concern with precedent and ru3^es. Memoer Baudek pointed out^hwh^ituationS isB°t? hi considered r:r^«teNly,:SOChani™an Sager reiterated his objection. Member Baudek asked Mr. Rains i* h®rth1 Deliveras1taffPandnv;ouldFord. Mr. Rains stated he spoke with Denver^stalt^^ Member rLre^rrlrertrrrhrt Po“d comd not understand the situation in Estes Park. !t was moved and seconded (B^dek-M^som^ the variance be approved for 1211 Woodstock ^otes: Those Subdivision and it £a:Ll dk 7Pauley. Those voting "Yes”: voting "No": Sager, Barker, Pauiey. Newsom and Baudek. iSbi? uewsnm expressed concern regartog^^the^^lig R Spoken 'whi“'wls rl^uested at the last BoirdS rr Ad"unsrm°erJt Meeting and Mr. Allman would direction from the Board. Rfter a discussion, Chairman Pauley sugge-t-droriSrT to the 'Shielding understandingd.nOete u £ of July 2, «9r6es“tefrrthtn 30 days. There will be follow rnfthrnrrt^oard of Adjustment meeting. ■ no £urther business. Chairman Pauley adjourned the meeting 9:35 a.m. Secretary ROXc