HomeMy WebLinkAboutVARIANCE Sign Smiling Elk 165 Virgnia Dr 2009-06-02PRI
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205 Virginia Drive — Vega LLC
Sign Variance Request
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: June 2, 2009
LOCATION: The Vega restaurant is located downtown in the Courtyard
Shops at 205 Virginia Drive, within the Town of Estes Park.
APPLICANT: Vega, LLC (Ronald L. and Carolyn E. Kilgore)
PROPERTY OWNER: Trail Inn, LLC (Dennis and Carol Brown)
CONSULTANT/ENGINEER: None
STAFF CONTACT: Bob Joseph, Community Development Director
APPLICABLE CODES: Estes Valley Development Code (EVDC) and
Estes Park Municipal Code (EPMC)
REQUEST:
Vega, LLC wishes to change the lettering on the sign face of an existing
roof sign at the Courtyard Shops to advertize the Vega restaurant. The sign
currently advertizes the old Smiling Elk Restaurant.
The approximate sign location is shown on the aerial photo below.
Approximate Location of Proposed Sign
Specifically, the applicant requests variances from the sections of the Estes
Park Municipal Code described below.
. Section 17.66.060(12).
This section states that roof signs, except as specifically permitted in
Section 17.66.110, are prohibited.
2. Section 17.66.130 Nonconforming Signs.
This section is provided below. The specific subsections to which a
variance is requested are underlined and in bold.
17.66.130 Nonconforming signs.
(a) A nonconforming sign may be continued but it shall not be:
(1) Changed to another nonconforming sign.
(2) Structurally altered.
(3) Altered so as to increase the degree of nonconformity of the sign.
(4) Enlarged or expanded.
(5) Continued in use after cessation or change of the business or
activity to which the sign pertains.
(6) Repaired after the sign is damaged or destroyed if the estimated
cost of repair or reconstruction exceeds fifty percent (50%) of
Page #3 —205 Virginia Drive (Vega, LLC) Sign Variance Request
SERVICES
Water
Town of Estes Park
Sewer
Estes Park Sanitation District
Fire Protection
Town of Estes Park
Electric
Town of Estes Park
Telephone
Qwest
Location Map, Adjacent Land Uses and Zoning
Page #5 —205 Virginia Drive (Vega, LLC) Sign 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 submitted written comments in support or
opposition to the proposed sign.
c. The variance is the minimum one necessary to permit the
applicant to reasonably draw attention to this business or
enterprise.
Staff Finding: The Board should use their best judgment to
determine if these are the minimum variances necessary.
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.
Staff Finding: This section is not applicable to the submitted variance
application.
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 a number of conditions of approval.
Page #7 —205 Virginia Drive (Vega, LLC) Sign Variance Request
roof and wall signs and clarified that in order to qualify as a wall,
rather than a roof sign, the slope of the roof must have an angle of
45° or less from vertical. The interpretation prior to this date had
been that in order to qualify as a wall sign the angle between the roof
and sign needed to be 45° or less from vertical.
Prior Interpretation Highlighted in Yellow
Any sign erected upon the side of a roof having an angle of forty-five
degrees (45°) or less from vertical shall be considered a wall sign, and
shall be subject to the size and height limitations noted under this
Subsection.
Current Interpretation Highlighted in Yellow
Any sign erected upon the side of a roof having an angle of forty-five
degrees (45°) or less from vertical shall be considered a wall sign, and
shall be subject to the size and height limitations noted under this
Subsection.
Whether the Applicant's predicament can be mitigated through
some method other than a variance.
Staff Finding: On March 31, 2008 Carolyn Kilgore met with
Carolyn McEndaffer about signage. Carolyn McEndaffer explained
that the existing "Smiling Elk Restaurant" roof sign was a legal non-
conforming sign and described the following options.
1. Keep the Smiling Elk name for the restaurant and use the
existing sign.
2. Relocate the sign to the fence enclosing the restaurant patio.
Page #9 —205 Virginia Drive (Vega, LLC) Sign Variance Request
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Suspended Sign
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.
j. Under no circumstances shall the Board of Adjustment 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.
Page #11 —205 Virginia Drive (Vega, LLC) Sign Variance Request
Ronald L. Kilgore & Carolyn E. Kilgore
Vega, LLC
P.O. Box 4485
Estes Park, CO 80517
(970) 586-9165 (H)
Bob Joseph
Town of Estes Park
Community Development Department
P.O. Box 1200
Estes Park, CO 80517
April 21, 2009
RE: Application for Sign Variance
Dear Bob:
With this letter I'm submitting our application for our sign variance. Also enclosed are
13 packets to include along with the items you will be providing to each Board of
Adjustments member. Our packet consists of our required Statement of Intent as well as
pertinent photographs showing existing signage and the proposed change to the sign face.
We appreciate the Town's assistance in the completing this application process. As per
the discussions from our pre -application meeting, we understand that the Town will be
creating the necessary copies of the site plan as well as providing the names and mailing
addresses of neighboring property owners. Please advise us if you need anything further.
We have already posted the variance sign on the front door of Vega. Unless we hear
otherwise, we will attend the Board of Adjustments meeting at 9:00am, June 3, 2009 in
the boardroom at Town Hall.
Sincerely,
Carolyn E. Kilgore
Ronald L. Kilgore & Carolyn E. Kilgore
Vega, LLC
P.O. Box 4485
Estes Park, CO 80517
(970) 586-9165 (H)
Estes Valley Board of Adjustment
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
April 21, 2009
RE: Statement Of Intent by Vega, LLC - Request for Sign Variance
Dear Estes Valley Board of Adjustment:
We respectfully submit this Statement of Intent with full consideration of the Standards
for Review set forth in the Code for variances. I will lead with some background
information; then I will address the specific factors that determine practical difficulty.
Background Information
First of all we would like to clarify that Trail Inn, LLC owns all existing signs located at
the Courtyard Shops. As a tenant of theirs, part of our Lease grants us permission to
utilize the sign for displaying our business name and logo. As the tenant, Vega, LLC is
requesting the sign variance.
In March 2006, Trail Inn had the existing "Smiling Elk Restaurant" sign permitted by
Will Birchfield and Carolyn McEndaffer. There were no variances granted for this sign,
it was a prescribed sign, following the code in every aspect. The existing sign was
originally deemed a wall sign by the Town because they felt it did meet the criteria under
(17.66.110 Subsection 7c3) and therefore didn't need a variance. It should be noted that
since then, in an attempt to cooperate with the Town, no alterations of any kind have been
made to this sign.
Shortly after purchasing some of the restaurant equipment assets of Trail Inn, and PRIOR
to commencing our new restaurant business, I went in to the Town Department of
Building Safety and spoke with Carolyn McEndaffer about applying for a permit to
change the lettered face on the existing sign. She told me that the sign was out of
compliance and had to be removed. When I asked where it could go, she made the
recommendation of moving the sign to the railing that surrounds the patio. She could tell
I was in utter disbelief about this revelation and she continued to say that the Town knew
it was out of compliance shortly after it was permitted. I asked her specifically if the
Town had notified Trail Inn of this non-compliance and she acted nervous and did not
commit to an answer either way. I didn't question whether or not she was correct.
Honestly, I was shocked and very concerned for the success of our first summer with a
sign for a different business. At this point, Vega was headed into the busy season so we
decided to pursue signage issue resolution after that had passed.
This spring we received a certified letter from the Town requesting Vega to come in and
speak with the Department of Building Safety regarding the sign. We did as requested
and spoke directly and indirectly with different members of this department. We had
hoped that we would be able come up with a quick and easy solution that satisfied both
the Town and our needs for viable signage. It became clear that again this was not going
to happen.
Currently the sign is non -conforming because the name and logo on the sign do not
match the business that is being conducted here. We are requesting to leave the sign
structure where it is currently installed and change the lettering on the sign face. It
should be noted that the existing illuminated light box sign IS specifically designed to
allow one to easily remove the sign face, scrape off the old lettering, and put on a new
name and logo. This solution would allow both the Town and us to resolve this issue in a
way that is both environmentally and financially responsible.
In a recent meeting we had with Bob Joseph, he asserted that the Town misinterpreted a
section code and mistakenly permitted the sign. He heard our arguments and believed we
should apply for a variance. He stated that the specific variance desired is: 17.66.060
Prohibited Signs, (12) Roof Signs; request to allow a prohibited sign location on a roof
more than 45 degrees from vertical.
Discussion of factors determining "practical difficulty"
1. Special circumstances or conditions exist that are not common to other areas
or buildings similarly situated and practical difficulty may result from strict
compliance with this Code's standards.
We rent the space in the Courtyard shops that is at the very top. We do not have any
ground level space and no right to use any other tenant's street level space. When you
are on the street or some distance from it, all you can see is our patio railing or our
rooftop. I do believe this is why the Town recommended moving the sign to our railing.
The move to the railing option is completely NON -viable for the following important
reasons:
a. The railing is not a load bearing structure. It was not intended to reliably
hold the great weight of a 22' metal structure.
b. If the sign and/or railing were to fail and fall, the damage would be
significant. There is a sidewalk and parking located directly below our
patio. There are dwelling units inside the Courtyard Shops, so people are
around the property at any given time. Both the loss of life and/or
significant property damages would be certain if this sign fell and that risk
is unacceptable.
c. Vega is family restaurant and we have a lot of families with children
dining up there daily. This sign is an electrically luminated sign. If the
2
sign were attached to the railing, children would have access to these
components and could risk electrocution. That is an unacceptable risk for
any business.
d. We experience very high winds up on our rooftop patio. Currently, the
railing is specifically designed to allow these wind gusts to pass through
so as not to put excessive force on the railing structure. If the sign were
attached to this railing, it would then be a solid wall that must withstand
excessive force from our high-speed seasonal winds. This increases the
risk of the sign and railing falling.
e. Aside from our great food, one of the main reasons that guests dine at
Vega is to sit on the rooftop patio to take in the unique and phenomenal
views of the town and the mountains from this location. If there is a 22'
long sign attached to our railing, this view is completely blocked by an
ugly, humming sign. Please keep in mind that guests are seated while
dining and cannot see over the railing. If the sign is put onto the railing,
our space is not longer viable as a rooftop view restaurant.
2. In determining "practical difficulty" the BOA considers the following factors:
a. Whether there can be any beneficial use of the property without the
variance.
As was discussed in reason "e" above, the property is not useful as
a restaurant anymore. That is what this space as been designed and
used for since it was built many decades ago. We signed a multi-
year lease and purchased all the restaurant equipment located here.
It is not viable to consider using the property for another purpose.
b. Whether the variance is substantial;
No, the variance is not substantial in terms of what is being
granted. Vega would use the existing installation of the light box
sign, this allows for the same sign placement, structure, materials,
and overall appearance. We just want to change the lettering on
the sign face to our name and logo so that it can become
conforming.
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;
The essential character of our neighborhood is downtown
commercial/retail shopping and dining. All businesses in our
district are allowed signage to inform the public as to what goods
or services can be found in their space. The sign does not detract
from any other businesses' signage. Our sign is actually smaller
than the maximum amount allowed for our location. The proposed
change of lettering to our name and logo is tasteful, not a garish
representation. Our name and logo is respectable and not ethically
or morally questionable in any way. Please consider that our sign
is really not visible to any of our neighbors within the 500' circle
3
of properties that are believed to be those potentially concerned.
The sign's visibility is directed to guests on Elkhorn Avenue.
Lastly, from a safety standpoint, the sign is currently protected
from high winds due to its placement on the roof situated below
the direct force of the wind gusts.
d. Whether the variance would adversely affect the delivery of public
services such as water and sewer;
If the board grants this variance, no, it will not adversely affect the
delivery of these services. I will add though, that by NOT having
accurate, visible signage for Vega, we have had trouble directing
anyone, including emergency services to our space in a reasonable
amount of time.
e. Whether the Applicant purchased the property with the knowledge of
the requirement;
We purchased a small portion of Trail Inn, LLC's restaurant
equipment assets in early 2008. We do not own the building or
land property; we are tenants. At the time we executed our Asset
Purchase Agreement, it was believed by all parties that all aspects
of the property were to Code and compliant in every way. It
wasn't until I went in and spoke to Carolyn MacEndaffer a very
short time later that she informed me of the sign's supposed non-
compliance.
f. Whether the Applicant's predicament can be mitigated through some
method other than a variance.
With all due respect, I genuinely believe that Vega is asking for the
easiest and most prudent resolution to this signage issue. The
option of attaching the sign to railing was given by the Town for
remedy of this non-compliance. I firmly believe that we have
already argued that the proposed move to the railing is not a viable
option.
I want to thank each of you for reading my Statement of Intent. The lack of signage for
our business has caused Vega considerable financial harm. I look forward to discussing
and resolving this issue on June 3, 2009 at the Board of Adjustment hearing.
Sincerely,
Carolyn E. Kilgore
4
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATION
Submittal Date: L71;1 /0
General Information
„„..„ 11.171,i
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2 1 2009
Record Owner(s): ye 6/41 , (1„, TE .TY2-19 , tAblre")f.
Street Address of Lot: 00c I/51.2-4 637-E5 klyieje, 77-
Legal Description Lot: Block: Tract:
Subdivision: cr.) ct c.dt ce‘ C(S",t
Parcel ID # 3 5../.5 to.- 0 / Section Z 5 Township c:"'"' Range v-)
Site Information
V. i (
Lot Size . (c.,,, 1 (.1k,ct e„„s 1.../t 6, C",...*YZIOen;W:::).(' Zoning 0::::›
Existing Land Use i'vl ; y c„ ‘,.,..> ch liN, c
.,,
Proposed Land Use S 0,e.
Existing Water Service X Town E Well 1-- Other (Specify)
Proposed Water Service IR Town I- Well E Other (Specify)
Existing Sanitary Sewer Service
Proposed Sanitary Sewer Service
Existing Gas Service I Xcel
Site Access (if not on public street)
Are there wetlands on the site?
Variance
EPSD
EPSD
E Other
UTSD E Septic
r- UTSD r- Septic
r- None
d ttetki,43/4
No \IA Apt C • tt„ 'vc,
Specific variance desired (state development code section #): / 7, bk.,. t0
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ta41. °A.A. t4.
Primary Contact Information
Name of Primary Contact Person a..62/1/41,47 Lj, aa,g. 9-740 Si6 9/65
Mailing Address , 0 /00, g, 5 P17/---/ e e°,1
Attachments
rfr-Application fee (see attached fee schedule) at2P-1.
fc't Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code)
- 1 copy (folded) of site plan (drawn at a scale of 1" = 20') **
1 reduced copy of the site plan (11" X 17")
Names & mailing addresses of neighboring property owners (see attached handout)
** The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached).
The applicant will be required to provide additional copies of the site plan after staff review
(see the attached Board of Adjustment variance application schedule). Copies must be folded.
Town of Estes Park .6 P.O. Box 1200 .6 170 MacGregor Avenue .6 Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 .6 Fax: (970) 586-0249 .6 www.estesnet.com/ComDev
Primary Contact Person ks [- Owner Applicant F~ Cons ineer
Record Owner(s)
Mailing Address
Phone
Cell Phone
Fax
Email
Applicant
Mailing Address
Phone
Cell Phone
Fax
Email
Consultant/Engineer
Mailing Address
Phone
Cell Phone
Fax
Email
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For variance opp|icptionpwithin the Estes. Valley. Plann|nQArea, both hnmde,andoutside Town Ummits,
See the fee schedule included in your application packet or view the fee schedule online
atwww.eateenet.00m/ComDov/Sohedu|eu&Feaa/P|onninoAop|ioebonFeuSohodu|o.pd[
All requests for refunds must be made in writing. All fees are due at the time of submittal.
APPLICANT CERTIFICATION v+ I hereby certify that the information and exhibits herewith submitted are true and correct to the bestofmyknowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
0,� In submitting the application materials and signing this application agreement, | acknowledge and agree that the
application iasubject tothe applicable processing and public hearing requirements set forth inthe Estes Valley
Development Code (EVDC).
D° | acknowledge that | have obtained or have access to the EVDC. and that, prior infiling this application, | have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
(The Estes Valley Development Code is available online at www.estesnet.com/ComDev/DevCode.)
U� I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC.
llo�|understand that this variance request may be delayed inprocessing byamonth ormore if the information provided is
incomplete, inaccurate, orsubmitted after the deadline date.
Po- I understand that a resubmittal fee will be charged if my application is incomplete.
No- The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
llp� I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper
identification access to my property during the review of this application.
I acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that
failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application
becoming NULL and VOID. I understand that full fees will be charged for the resubmittal of an application that has
become null and void,
m~ I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and
that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of
my property and the proposed buUding/otnuntune corners must be field staked. | understand that the sign must be
posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment
hearing.
u~ | understand that if the Board of Adjustment approves my request, "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 mfthe variance shall automatically render the decision ofthe BOA null and vo|d."(Estes
Valley Development Code Section 3.6.U>
Record Owner PLEASE PRINT: (—
vu'�
Applicant
PLEASE PRINT,
Signatures:
Record Owner
Applicant Date
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Revised 10/13/06
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Zoning Section 17.66.050
(17) Signs commonly associated with,
and limited to information and directions
related to the permitted use on the lot on
which the sign is located, provided that each
such sign does not exceed one hundred fifty
(150) square inches in total area. (This cate-
gory shall be interpreted to include such
signs as "no smoking," "rest room," "no
solicitors," "self-service" and similar
informational signs.)
(18) Signs which identify items such as
credit cards, menus or prices; limited to one
(1) such sign for each use, not to exceed four
(4) square feet per face or eight (8) square
feet in total area. Such signs may be attached
to the building, as projecting or wall signs, or
included as an integral part of a freestanding
sign.
(19) Regulatory signs erected on private
property, such as "no trespassing" signs,
which do not exceed two (2) square feet per
face or four (4) square feet in total surface
area, limited to four (4) such signs per use or
per building.
(20) Text or copy changes on signs
specifically designed to permit changes of the
text or copy thereof;
(21) A sign, which does not exceed six
(6) square feet per face or twelve (12) square
feet in total surface area; limited to six (6)
feet in height and limited to one (1) such sign
per lot and which does not propose, concern,
reflect or promote a commercial purpose.
(22) Vending machine signs, provided
that such signs are limited to the product
being vended. (Ord. 11-76 §2(part), 1976;
Ord. 36-76 §1, 1976; Ord. 17-80 §1, 1980;
Ord. 21-82 §1(A), (B) and (C), 1982; Ord. 1-
87 §1, 1987; Ord. 6-87 §1, 1987; Ord. 15-97,
1997; Ord. 17-02 §1(part), 2002; Ord. 17-07
§1, 2007)
17.66.060 Prohibited signs.
The following signs shall not be permitted,
erected or maintained in the Town:
(1) Signs with visible moving, revolving
or rotating parts or visible mechanical
movement of any description or other appar-
ent visible movement achieved by electrical,
electronic or mechanical means, except for
time -temperature -date signs, traditional bar-
ber poles, and gauges and dials which may be
animated to the extent necessary to display
correct measurement;
(2) Signs with optical illusion of move-
ment by means of a design which presents a
pattern capable of reversible perspective, giv-
ing the illusion of motion or changing of
copy;
(3) Signs with lights or illuminations
which flash, move, rotate, scintillate, blink,
flicker, vary in intensity, vary in color or use
intermittent electrical pulsations;
(4) Strings of light bulbs used in
connection with commercial premises for
commercial purposes, other than traditional
holiday decorations except as provided in
Subsection 17.66.050(9);
(5) Wind signs and banners;
(6) Signs which incorporate projected
images, emit any sound which is intended to
attract attention or involve the use of live
animals;
(7) Any sign which is installed or erected
in or projects into or over any public right-of-
way, except in the case of a sign for which a
permit has been issued in conformance with
the requirements of this Chapter;
Supp. 17
17-29
Zoning Section 17.66.060
(8) Signs not permanently affixed or
attached to the ground or to a permanent
structure, (for example, banners, sandwich
boards and handheld signs). Temporary real
estate signs attached to posts driven into the
ground and temporary safety barriers are
excepted.
(9) Any sign or sign structure which:
a. Is structurally unsafe, or
b. Constitutes a hazard to safety or
health by reason of inadequate mainte-
nance or dilapidation, or
c. Is capable of causing electrical
shocks to persons likely to come in con-
tact with it;
(10) Any sign or sign structure which:
a. Obstructs the view of, may be con-
fused with or purports to be an official
traffic sign, signal or device or any other
official sign, or
b. Creates an unsafe distraction for
motor vehicle operators, or
c. Obstructs the view of motor vehicle
operators entering a public roadway from
any parking area, service drive, private
driveway, alley or other thoroughfare;
(11) Any sign which obstructs free
ingress to or egress from a required door,
window, fire escape or other required exit
way;
...osa....: (12) Roof signs, except as specifically
permitted by Section 17.66.110;
(13) Off -premises advertising signs.
(14) Signs not pertinent and or not
clearly related to the permitted use on the
property where located, except for temporary
political signs, as permitted and regulated by
Section 17.66.070, and except for signs
permitted under the provisions of Section
17.66.130.
(15) Except as provided in Subsection
17.66.050(8), any sign having direct
illumination, including but not limited to
visible neon tubing. (Ord. 17-02 §1(part),
2002)
17.66.070 Temporary signs.
Temporary signs in all zoning districts shall
be subject to the following specific require-
ments:
(1) Construction signs. Signs advertis-
ing subdivision, development, construction
or other improvements of a property shall be
permitted in any zoning district and shall
comply with the following:
a. Such signs shall be limited to free-
standing, wall or window signs, shall not
exceed thirty-six (36) square feet in total
area nor eighteen (18) square feet per
face, and shall not exceed twelve (12) feet
in height. No riders or attachments to
such signs shall be permitted. For
residential developments consisting of
five (5) dwelling units or less, the
maximum area permitted for a
construction sign shall be three (3) square
feet per face for each dwelling unit being
constructed.
Stipp. 9
17-30
Zoning Section 17.66.110
(10) Standard brand -name signs. Not
more than twenty percent (20%) of the total
allowable sign area for any permitted use
shall be devoted to the advertising of any
standard brand -name commodities or ser-
vices which are not the principal commodity
or service being sold or rendered on the
premises, or area not a part of the name of
the business concern involved.
(11) "Outdoor display of merchandise to
attract business" shall be considered a sign
and shall require a permit to be issued prior
to display. Measurement of the display area
shall be as provided for in Subsection
17.66.080(6) of this Code. The display area
shall be limited by inclusion in the total
allowable signage. The location of the
outdoor display shall conform to Section 7.13
of the Estes Valley Development Code.
Outdoor displays are prohibited in the
Commercial Downtown (CD) Zoning
District. (Ord. 17-02 §1(part), 2002)
17.66.120 Structural requirements.
(a) Construction.
(1) General. Signs and sign structures
shall be securely built, constructed and
erected in conformance with the require-
ments of the Building Code.
(2) Location. Supports for signs or sign
structures shall not be placed in or upon pub-
lic rights -of -way or public easements.
(3) Anchorage. Anchors and supports
shall be guarded and protected when near
driveways, parking lots or similar locations
where they could be damaged by moving
vehicles. Signs attached to masonry, con-
crete or steel shall be safely and securely fas-
tened thereto by means of metal anchors,
bolts or approved expansion screws of suffi-
cient size and anchorage to support safely the
loads applied. No anchor or support of any
sign, except fiat wall signs, shall be con-
nected to or supported by an unbraced para-
pet wall.
(b) Clearance. Signs shall not be located
with less than six (6) feet horizontal clearance,
or twelve (12) feet vertical clearance from over-
head electric conductors which are energized in
excess of seven hundred fifty (750) volts.
(c) Freestanding signs. Where such signs
are located in vehicular parking and circulation
areas, a base or barrier of concrete, steel or other
effective barrier, not less than thirty (30) inches
high, shall be provided to protect the base of the
sign from possible damage by vehicles. Where
any freestanding sign has a clearance of less
than nine (9) feet from the ground, there shall be
provided a barrier or other adequate protection
to prevent hazard to pedestrians and motorists.
(d) Electric signs. Electric signs shall be
constructed and installed in accordance with the
provisions of the National Electrical Code.
(Ord. 11-76 §2 (part), 1976; Ord. 21-82 §1(N),
1982; Ord. 15-97, 1997; Ord. 17-02 §1(part),
2002)
17.66.130 Nonconforming signs.
(a) A nonconforming sign may be contin-
ued but it shall not be:
Changed to another nonconforming
sign.
(2) Structurally altered.
(3)
Altered so as to increase the degree
of nonconformity of the sign.
(4) Enlarged or expanded.
Continued in use after cessation or
cha ge of the business or activity to which
the sign pertains.
Supp. 9
17-37
Zo i@ng Section 17.66.130
(6) Repaired after the sign is damaged
or destroyed if the estimated cost of repair or
reconstruction exceeds fifty percent (50%) of
the appraised replacement cost (as deter-
mined by the building inspector).
Altered to change the text thereof,
e'pt such signs, which have been designed
specifically to permit changes of the text.
rg Continued to be used after two (2)
years from the sale of the real property upon
which the sign is located, but in no event,
more than six (6) years, six (6) months from
the date the sign become nonconforming.
Continued to be used after two (2)
years from the sale of the business which the
sign advertises, but in no event more than six
(6) years, six (6) months from the date the
sign became nonconforming. Sale of the
business shall include, but not be limited to,
the sale of substantially all of the assets of a
business.
(b) A nonconforming sign shall be brought
into conformance or removed within thirty (30)
days of the occurrence of any of the events set
forth in Subsection (a) above. (Ord. 11-76
§2(part), 1976; Ord. 19-80 §1, 1980; Ord. 9-81
§1, 1981; Ord. 15-97, 1997; Ord. 17-02 §1(part),
2002)
17.66.140 Permits.
(a) Sign permit required:
(1) Except as provided in Section
17.66.050, it is unlawful to display, erect,
relocate or alter any sign without first filing
with the building inspector an application in
writing and obtaining a sign permit. When a
sign permit has been issued by the building
inspector, it is unlawful to change, modify,
alter or otherwise deviate from the terms or
conditions of the permit without prior
approval of the building inspector. A written
record of such approval shall be entered upon
the original permit application and main-
tained in the files of the building inspector.
(2) Application for permit. The
application for a sign permit shall be made
by the owner or tenant of the property on
which the sign is to be located, or his or her
authorized agent. Such applications shall be
made in writing on forms furnished by the
building inspector and shall be signed by the
applicant. The building inspector shall,
within seven (7) working days of the date of
the application, either approve or deny the
application or refer the application back to
the applicant in any instance where insuffi-
cient information has been furnished.
(3) Revocation of permits. If the build-
ing inspector fords that work under any per-
mit issued is not in accordance with the
information supplied in the permit applica-
tion and/or is in violation of this Chapter or
any other pertinent ordinance of the Town, or
should he or she find that there has been any
misrepresentation in connection with the
application for the permit, he or she shall
notify the sign owner or erector of such
findings and that the violations must be
corrected without delay. If such correction is
not made forthwith, the building inspector
shall revoke the permit and serve written
notice thereof upon the sign owner or erector.
No person shall proceed with any part of
such work after such notice is received. The
owner shall have the right to appeal the
decision of the building inspector in the
manner provided for in Section 17.66.160.
17-38
Supp. 9
Zoning
c. Maximum height: Eighteen (18)
feet.
d. Maximum size: Fifteen (15) square
feet per sign face.
e. Maximum projection: Four (4)
feet.
f. Maximum number: One (1) per
building face or per business storefront.
(6) Suspended signs:
a. Maximum area: Five (5) square
feet per face, ten (10) square feet total
surface area.
b. Minimum clearance: Nine (9) feet
from the ground to the bottom edge of the
sign.
c. Minimum horizontal separation:
Fifteen (15) feet between suspended
signs.
d. Projection: Shall not project
beyond the outside limits of the arcade,
canopy or marquee to which they are
attached.
(7) Wall signs:
a. Maximum area: The total area of
all wall signs on any face of a building
shall not exceed one and one-half (1.5)
square feet per lineal foot of building
frontage at ground level, and three-
quarters (0.75) square foot per lineal foot
of second story building frontage.
b. Maximum height: Twenty-five
(25) feet above the ground.
Section 17.66.110
c. Maximum projection:
1. A wall sign may project above
the roofline or parapet wall of a build-
ing no more than twenty-four (24)
inches.
2. Wall signs may extend a maxi-
mum of twelve (12) inches from the
face of the building.
3. Any sign erected upon the side
of a roof having an angle of forty-five
degrees (45°) or less from vertical
shall be considered a wall sign, and
shall be subject to the size and height
limitations noted under this
Subsection.
d. Maximum number: One (1) wall
sign for each face of a business, or
building storefront.
(8) Joint identification signs:
a. Type: May be freestanding,
projecting or wall.
b. Number: Where a freestanding
joint identification sign is used, there shall
be no other freestanding signs permitted
on the premises.
(9) Area of time -temperature -date signs.
Signs which do not exceed ten (10) square
feet per face shall not be included in the
allowable sign area; provided, however, that
any identification or advertising attached to
or incorporated in such signs shall be
included in the total allowable sign area.
17-36
Supp. 9
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SURVEYORS CERTIFICATE
I hereby certify that on the data shown a field survey was conducted
under my supervision. of the above described property, and that all
building improvementG. 'easements, rights —of —was, in evidence or known
to INC era correctly shown on the above Plat. I further Certify that
there are no encroactuaents by and/or on thiT..!,IpmalumfkiN unless otherwise
, Kr-
\,.• A iZ a taviN E ---:'-:
OF A PORTION OF LOTS 15, 1E, 10
tWTHE 'TOWN OF ESTES PARK, COUNTY OF LI
A PORTION OF THE NW 1/4 OF THE NE 1/4 OF SE
to VAP-riP, /1/0AT-1/ it/4 ii/C
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74 WEST r The P
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PERIMETER OF 6UILOI
INTERIOR COURTYARO
NOR WERE MISC. WALK
WALLS, ROOFS AND DE
RAILINGS, PORCHES,
ETC.
COURTYARD
(sHorkvia cowl_
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0002"AEMAW/
CLECoLECap
WI Witt. 04113
COUNTY SURVEYC
Deposited this
of the county surm
reception number
3O-51-102, Colorado
Received By
`Town of Estes Park
Si n Ap lication er, it
Permit Number S
Permit Expires
Department of Building Safety 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517
General Info (970) 577-3726 ® FAX (970) 586-0249 ° www.estesnet.eol
Job Address: 2 o t J / A Parcel #: S-2 SW 0 0 / 4
.
Business Name: l i' ) 4 6-V-A--Town License: Phone: C,< I 22
Business Owner: tI e Z -TAN Z.4. ! /Silo
Phone: % "
Property -Owner Name: Ai e N t1l L. L Z Phone: -7 ' f 510 Owner's Permission Slip: Irl Yes 0 No
Address: f• ®. X 2. S 765 PAe A t e cN (0 / %
` �treet) (City) tit�,, I'Oo(' O (State) (Zip Code)
Sign Company: N / A Town License #: Phone:
Address:
(Street) ) (City) (State) (Zip Code)
Who will install sign? 0 Sign Company T Owner 0 Other: Town License #
lil New • Addition ■ Alteration 0 Temporary 0 Signs to be removed:
Provide linear feet of building frontage of business: / 2 4 ft. # of stories: . (.2 14 0 ' ftc,at
Note: Max total sign area is 1.5 sq. ft. of linear feet of building frontage of business, .75 sq. ft. for 2nd floor.
Note: Max 150 sq. ft. of sign area per business.
Provide total square feet of all existing signs for business: `4 - sq. ft.
Provide square feet area of proposed sign: 44 4t sq. ft.
Provide new total square feet of signs for business: 4 it sq. ft.
Sign Type: Ili Wall 0 Free -Standing 0 Window 0 Awning / Canopy .tOther: /
ErPlot Plans Required except for Wall and Window Sins. Note: Plot plans to include property lines, location and setbacks of proposed
sign. I4A 6t4 ®st _ # ..s t
L-i'for Wall and Window Signs provide graphic that shows location of pro osed signs on building. t f iv i G,t/7 h A Ci 4 DE-
. T.
D'1 ovide graphic representation with dimensions and height of proposed sign. t 2 n F�
Note: Height is measured from original grade. Height restrictions vary by zoning & sign type. Max 25'
Note: Utility Locates are property owners responsibility, call 1-800-922-1987
Electrical Involved: 0 No iyf Yes - State & Town License Required. State Permit and Inspection Required.
Is Sign Illuminated?: 0 No ijt? Yes - 0 Indirectly :t Internally; Must Comply with EVDC 7.9. Provide Cut sheets for lights.
Note: Illumination restricted to lot. Direct illumination including Neon is prohibited, except for open / vacancy signs not exceeding 2.5
sq. ft.
Total Valuations (Labor & Materials) CY3—
t
I certify this application is true and correct and agree to perform the work described according to plans/specifications submitted, reviewed and approved, and comply with
local ordinances, state and federal laws as well as building codes. I certify that I have the property owner's authority and permission to apply for this permit. Additionally, I
UNDERSTAND THAT I AM RESPONSIBLE FOR ANY FEES OR EXPENSES INCURRED FOR PLAN REVIEW, PERMITS, INSPECTIONS AND OTHER
FEES ASSOCIATED WITH THIS APPLICATION.
0 Contractor Xi Owner Tenant
'>❑
Signature '® Date 4, 434 Print Name�.Y te/it4i A ®W N
*** Office Use Only ***
Jurisdiction: 0 Applicable Code: Zoning: C,h Overlay Zoning: FPDP,
(e.g. geo-hazard, historic district, U
Total allowable square feet for business: . ` this frontage (max. 150 per business) Sign Type: Ii Sign Class: bal. Go Matrix
to
Special Requirements: 0 Engineering / Building Permit Required 0 Sanitation Required 0 Life Safety
Min. Setback F — S — R -. Max. Height Temp date:
❑ Conforming 0 Legally Non -Conforming 0 Ill -legally Non -Conforming
❑ Prohibited 0 Exempt 0 Denied % Permitted
Fee
$ 75.00
County Tax
(9400
Date
Buildin �ffici C4
.., /® t/ - 7..-?-m 0
Total
t r
\\Servera\Conun_Dev\Buildingworms\Applications\Sign
Page 1
Revised 01-23-06 CM
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UiF THE 'TOWN OF ESTES PARK. COUNTY OF L4
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PLASAC CAP NO. 6485
SURVEYORS CERTIFICATE
I hereby certify that on the date shown a field survey was conducted
under my supervision. of the above described property, and that all
building improvements. 'easements, rights -of -•way in evidence or known
to me are correctly shown on the above Plat. I further certify that
there are no encroachments by and/or on thiV;•ppr i+M, unless otherwise
notes. 7v�!•��� e
PERIMETER OF OUILDI
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COUNTY SURVEYC
Deposited this
of the county surve'
reception number_
38-51-102, Colorado
,40
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