HomeMy WebLinkAboutVARIANCE Sign 1700 Big Thompson Ave 2003-01-07Stanger/Silverado Restaurant
Off -Premise Sign Variance
Estes Park Community Development Department
Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
PROJECT OVERVIEW
DATE OF BOA MEETING: January 7, 2003
REQUEST: The petitioner requests a modification to a variance granted
by the Board of Adjustment on April 11, 2000.
LOCATION: The site is
located on US Bureau of
Reclamation land, near the
junction of Highway 34 and
Dry Gulch Road, within the
Town of Estes Park.
PETITIONER/PROPERTY
OWNER:
Ray Marez/US Bureau of
Reclamation
STAFF CONTACT: Bob Joseph and Alison Chilcott
APPLICABLE CODES:
Estes Park Municipal Code and Estes Valley Development Code
PROJECT DESCRIPTION/BACKGROUND
The Stanger Family, LLC received a variance from the Estes Valley Board
of Adjustment on April 11, 2000 for the Lake Shore Lodge off -premise sign
located at 1770 Big Thompson Avenue on land owned by US Department of
the Interior, Bureau of Reclamation. The Bureau of Reclamation has
contracted with the Estes Valley Recreation and Park District to provide
public park and recreation services on this land.
The variance also allowed an increase in the total square footage of signage
permitted, allowing the off -premise sign square footage to be calculated as
47.25 square feet (nine feet by five feet three inches), rather than 119.625
square feet (forteen feet six inches by eight feet three inches).
The staff report, agency comments, and minutes of this April 11, 2000
meeting are included in the Board of Adjustment packets.
This application is for reconsideration of the following three conditions of
approval:
1. Limit the wording on the sign to the Lake Shore Lodge and
Conference Center name, and address; and
2. Sign design and materials shall be as presented with this request.
3. Total exterior signage on the property shall not exceed the allowable
limit set by the Larimer County Code (60 sq. ft.) including this off -
site sign.
If granted, this revision to the conditions of approval will allow the addition
of the words "Silverado Restaurant" to the existing off -premise sign.
This variance request does not fall within the parameters of staff level
review and will be reviewed by the Estes Valley Board of Adjustment.
III. SITE DATA
Number of Lots
One
Parcel Number(s)
2529200936
Gross Land Area
18.6 acres approximately per Tax Assessor
Existing Zoning
"CO" Outlying Commercial
Proposed Zoning
"CO" Outlying Commercial
Existing Land Use
Uses includes Marina and Lake Shore Lodge Sign
Proposed Land Use
Same as above with addition of Silverado Restaurant sign
ADJACENT ZONING AND LAND USE
Adjacent Zoning
Adjacent Land Use
North
"CO" Outlying Commercial
North Lake Shopping Center
South
"CO" Outlying Commercial
Park School
East
"CO" Outlying Commercial
Riding Stables — Sombrero Ranch
West
"A" Accommodations/Highway Corridor
Restaurant — The Chop House
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140
SERVICES
Water
Town of Estes Park
Sewer
Estes Park Sanitation District
Fire Protection
Town of Estes Park
Gas
Xcel Energy
Phone
Qwest
A Location Map for Lake Shore Lodge
0 355 770 1,540 2,310 3,0810
eet
North Lake Shopping Center /, Dry Gulch Road 1
The Chop House
Lake Shore Lodge
Highway 34
" Aerial Photo for Lake Shore Lodge
A0 leo 360 720 1P30
North Leke Shopping Center
Approximately 770 Feet horn Highway 34
lot Ito CI ICC 00000
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Site Plan Submitted with April 11, 2000 BOA Application
e Cho
US 34 HIGHWAY AGCESS PLAN
LAKE SHORE LODGE & LAKE ESTES MARINA
Existing Lake Shore
Lodge Sign
Isz
M®
Existing Sign
f/e
Lake Shore Lodge
Access Easement.
Page #4 — Off -Premise Sign Variance Request for Stanger//Silverado Restaurant
Proposed Sign
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IV. REVIEW CRITERIA
All applications for variances from Chapter 17.66 Signs shall demonstrate
compliance with Section 17.66.160 of the Municipal Code and Section
3.6.C. "Standards for Review" of the Estes Valley Development Code.
V. REFFERAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and
property owners within 100 feet of the property for consideration and
comment. The following reviewing agency staff and/or neighbors
submitted comments.
Code Enforcement. See Jeff Sigler's letter to Bob Joseph and Alison
Chilcott dated January 2, 2002.
Estes Valley Recreation and Park District. See Stanley Gengler's fax to
Bob Joseph dated January 2, 2002.
VI. STAFF FINDINGS
Staff finds:
1. 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
(Staff Comment: 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.
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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 Lake Shore Lodge lot does not have frontage on
a public road. The existing off -premise sign is in an access
easement granted to Lake Shore Lodge. This is unusual for a
business.
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: Neighbors have not commented that the existing
sign or proposed addition to the 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 a minor addition to the existing off -premise
sign to advertise the Silverado restaurant. The sign currently
advertises only the lodge and conference center.
2. Section 17.66.160(4) of the Municipal Code 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.
Staff Finding: This request does not exceed the maximum permitted
sign area on a single lot or building.
3. Section 17.66.160(5) states, the Board may grant a variance subject to
any conditions which it deems necessary or desirable to make the device
Page #6 — Off -Premise Sign Variance Request for Stanger//Silverado Restaurant
which is permitted by the variance compatible with the purposes of this
Chapter.
4. 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. 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: The conditions or circumstances affecting the
Applicant's property are not of a general nature. Lake Shore
Lodge does not have road frontage and this is unusual for a
business.
b. 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.
c. If authorized, a variance shall represent the least deviation
from the regulations that will afford relief. The variance is
the minimum one necessary to permit the applicant to
reasonably draw attention to this business or enterprise.
Staff Finding: The variance, if granted, offers the least
deviation from the regulations that will afford relief.
d. 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: Signs are permitted in the "CO" zoning district.
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e. 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.
VII. STAFF RECOMMENDATION
Based on the foregoing, staff recommends APPROVAL of the following
revisions to the Lake Shore Lodge off -premise sign variance granted by the
Board of Adjustment on April 11, 2000 to allow the addition of the words
"Silverado Restaurant". The revisions are in bold.
1. Limit the wording on the sign to the Lake Shore Lodge, Conference
Center, and Silverado Restaurant name, and address.
2. Allow sign to be calculated as the rectangular area within the
structure (47.25 square feet).
3. Sign design and materials shall be as presented with this request,
reviewed by the Board of Adjustment on January 7, 2003.
4. Maintain an eight foot setback from the highway ROW.
5. Lighting shall be directed to prevent any offsite glare and shielded so
as not to be visible from adjacent property or the highway.
6. Total exterior signage on the property shall not exceed the allowable
limit set by the 7 r Count y Cock (60 s f+) Municipal Code
including this off -site sign.
7. Place dimensions on the approved site plan that verify sign locations
setbacks and sight visibility at the highway intersection.
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