Loading...
HomeMy WebLinkAboutVARIANCE Sign 559 Landers St 2007-12-04PRI Landers Street Sign Variance Requests Estes Park Community Development Department Town Hall, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com I. PROJECT DESCRIPTIONBACKGROUND DATE OF BOA MEETING: December 4, 2007 LOCATION: The site is located at 559 Landers Street within the Town of Estes Park. Legal Description: Lot 1, Venner Subdivision APPLICANT/PROPERTY OWNERS: Paul F. Brown/Richard and Shirley Perkins STAFF CONTACT: Alison Chilcott and Carolyn McEndaffer APPLICABLE CODES: Estes Valley Development Code (EVDC) and Estes Park Municipal Code (EPMC) REQUEST: The petitioner is requesting variances Estes Park Municipal Code Section 17.66.100(c) Schedule of Requirements, which establishes a maximum sign size of two square feet and maximum sign height of six feet for a sign located in a single -family -residential zoning district. As noted in the statement of intent, if this variance is approved, a twenty - inch -by -ninety -six-inch, single -sided sign would be hung from a recently installed timber frame located at the 559 Landers Street driveway entrance. At 13.33 square feet the sign size significantly exceeds the maximum allowable size of two square feet. The sign is 14.17 feet tall and the cross - timber frame from which the sign would be hung is fifteen feet tall. II. SITE DATA AND MAPS Number of Lots/Parcels One Parcel Number(s) 35254-10-001 Development Area 2.74 acres per Larimer County Tax Assessor records Zoning " E-1" Estate Existing Land Use Single -Family Residential Proposed Land Use Same SERVICES Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Town of Estes Park Electric Town of Estes Park Telephone Qwest Adjacent Land Uses and Zonin re I 1114 Land Use: Single -Family Residential Neighborhood Character: Mix of low - and high -density residential. Zoning: "E-1" Estate Lot Size: 2.74 acres ll l 114 lh 11 00 OW I Page #2 —559 Landers Street Sign Variance Request III. REVIEW CRITERIA All variance applications shall demonstrate compliance with the standards and criteria set forth in Chapter 3.6.0 and all other applicable provisions of the Estes Valley Development Code. All applications for variances from Chapter 17.66 Signs shall also demonstrate compliance with Section 17.66.160 of the Municipal Code. This variance request does not fall within the parameters of staff -level review and will be reviewed by the Estes Valley Board of Adjustment. IV. REFERRAL COMMENTS This request has been submitted to all applicable reviewing agency staff and neighboring property owners for consideration and comment. The following reviewing agency staff and/or adjacent property owners submitted comments. Estes Park Building Department See Carolyn McEndaffer's memo to Alison Chilcott dated November 21, 2007. Town Attorney See Greg White's letter to Alison Chilcott dated November 16, 2007. Page #3 —559 Landers Street Sign Variance Request V. STAFF FINDINGS Staff finds: 1. Reviewing Agencies. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. 2. Municipal Code. Section 17.66.160(3) of the Municipal Code states, in every case in which a request for a variance from the requirements of this Chapter [17.66 Signs] has been filed, the Board shall not grant a variance unless it specifically finds each and every one of the following conditions to exist. a. There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and to not apply generally to all businesses or enterprises. Staff Finding: The applicant's statement of intent describes the special circumstances they believe exist. These reasons include, but are not limited to: "The design is ... representative of numerous western cross timber ranch gateways found throughout the Estes Valley." The sign "soften[s] the impact of the [transmission] tower on the neighborhood and preserve[s] some sense of our rural heritage." Also as noted in the statement of intent the site is unique. Although it is within Town limits, it has a rural feel. The type of sign proposed can be found at driveway entrances to rural homes as shown in the examples provided by Paul Brown. Staff believes that many of the examples provided in the application are of driveway entrances located outside of the Town limits and requests clarification about the locations of the signs shown. Signs outside the Town limits are subject to a different sign code, which allows "rural identification Page #4 —559 Landers Street Sign Variance Request signs." Due to the characteristics of the area, staff is supportive of the variance request. b. The variance would be in general harmony with the purposes of this Chapter, and specifically would not be injurious to the neighborhood in which the business or enterprise to which the applicant desires to draw attention is located. Staff Finding: The Board should use their best judgment to determine if this variance would be in general harmony with the purposes of Chapter 17.66 Signs. Neighbors have not commented that the proposed sign is injurious to the neighborhood. c. The variance is the minimum one necessary to permit the applicant to reasonably draw attention to this business or enterprise. Staff Finding: This is not applicable. 3. Section 17.66.160(d) No variance for maximum sign area on a lot or building states, "Other provisions of this section to the contrary notwithstanding, the Board shall not have any jurisdiction to hear, nor the authority to grant, any variance from any section of this Chapter which limits the maximum permitted sign area on a single lot or building." 4. Section 17.66.160(e) states, "The Board may grant a variance subject to any conditions which it deems necessary or desirable to make the device which is permitted by the variance compatible with the purposes of this Chapter." Staff Finding: If the Board chooses to approve this variance, staff has recommended three conditions of approval. 5. Development Code. In addition to the review standards in Section 17.66.160 of the Municipal Code, the following review standards from the Estes Valley Development Code Section 3.6.C. apply. a. Whether there can be any beneficial use of the property without the variance. Staff Finding: The existing use can continue. Page #5 —559 Landers Street Sign Variance Request b. Whether the variance is substantial. Staff Finding: The Board should use their best judgment to determine if the variance is substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance. Staff Finding: The essential character of the neighborhood will not be substantially altered. Staff has not received comments from adjoining properties concerning the impacts of the requested variances. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Staff has not received comments from providers of public serves stating that the variance will adversely affect the delivery of public services; however, the applicant should be aware that the proposed sign is located within a US Bureau of Reclamation easement and future use of the easement may require removing the sign and timber cross frame at the expense of the property owner. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: This standard addresses whether or not the Code requirements changed during current property owner's ownership of the property. This standard is not intended to address whether or not the property owner reviewed the Code to determine which regulations are applicable to his/her property. The applicant purchased the property in 1986. Staff believes that the Code requirements were the same in 1986 as they are today, though we have not completed detailed research of prior codes. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: A sign could be constructed with the words, "Elk Crossing," and it could be designed to meet the size and height requirements. The "Elk Crossing" sign that has been constructed Page #6 —559 Landers Street Sign Variance Request g. does not meet the size requirements and its proposed height does not meet the height requirement. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff Finding: Staff does not find that a regulation should be adopted to address this situation. h. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: The variance, if granted, will not reduce the size of the lot. i. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The Board should use their best judgment to determine if the variance represents the least deviation from the regulations that will afford relief. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding: Identification signs are permitted in the " E-1" Estate zoning district. k. Per EVDC §3.6.D, failure of an Applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the Board of Adjustment null and void. Page #7 —559 Landers Street Sign Variance Request VI. STAFF RECOMMENDATION Staff recommends APPROVAL of the requested variance CONDITIONAL TO: 1. Compliance with the submitted application. 2. Compliance with Carolyn McEndaffer's comments in her memo dated November 21, 2007. The sign height is noted. 3. The sign is located in a US Bureau of Reclamation easement. Use of this easement may require that the property owner remove the sign and timber cross frame from the easement at their expense. Page #8 —559 Landers Street Sign Variance Request OCT 2 4 200Y J. q.) z szs qs (k) z (1) QJ -, I E V) 1.. '--- % 1- o) v) 4) (t E 'xi o rk) QJ „1„ (0- Mir -1 J J J Z;11- AC r,E- j\ c *ƒ - &J a 7 . . O =2 \/ \/ a < / 0 c \ @ G C g \��=z; A T'0 TIoH z I -- -� . \ -y } / �y.