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HomeMy WebLinkAboutSpecial Review 235 W Elkhorn Ave1976-03-04To the Board of Trustees of the Town of Estes Park,Colorado, and the Planning Commission for the Town of Estes Park,Colorado: The undersigned,or the duly authorized representative thereof, being the owner(s)and lien holder(s)of the following described real property,to—wit:(i)The west 20 feet of lot 2I.and all of lots 25,26 and 27,Block 3,Town of Estes Park,Colorado. do hereby request that the above described property be used for the operation of a cannon (2)pursuant to the provisions of the C-i Commercial zoning district and Section 17.56 of the Municipal Code of Estes Park,Colorado. There is attached hereto and made a part hereof,the original and three copies of’the site plan.(4) STATE OF COLORADO,) )55. COUNTY OF LARIFR. The Estes Park Bank ,being dul sworn tneir oath,depose(s)and say(s):That they (are the owner(s)and lien holder(s)of the above described real property; that they w (have)read the above Application and know(s)the contents thereof and that the matters stated therein are true. Subscribed and sworn to before me this 4th 19 79 by J.A.Durward and George J Hix December 12 1978 It- APPLICATION FOR SPECIAL REVIEW REQUEST NO.5 Name J.A,.DurwaM 237 West Elkhorn Ave Address Estes Park,Colorado (3) RespeOtRàfly submitted, (8) (8) My commission expires day of March %4 r-Notary Public (OVER) APPLICATION FOR SPECIAL REVIEW REQUEST NO. ______, Continued FOOTNORES AND GENERAL INSTRUCTIONS 1.insert the complete legal description of the real property as shown on the deed to the above owner(s),and the street address thereof. 2.Insert the use permitted by Special Review which is desired as provided by Chapter 17 of the Municipal Code of Estes Park, Colorado,for the zoning district in which the property is located. 3.Insert the name of the zoning district in which the orooerty is located,as provided by Chapter 17 of tne MunIcipal Code of Estes Park,Colorado. 4.The site plan shall show the location of all buildings and other improvements to be placed on the real property;off—street parking areas;location and course of all ways for ingress and egress to all buildings or structures;and all off—street loading areas,service and refuse area,major screening proposals,signs, outdoor lighting and pedestrian areas,if any.The site plan shall also show thereon the date or dates that each phase of the development included in the site plan will be completed.There shall also be filed with the site plan,three ;aitten copies of all proposed landscaping,if any.Landscaping may be shown on the site plan in lieu of the foregoing proposal.The site plan must be signed by all property owners and lien holders,or the duly authorized representative thereof. 5.The site plan must be prepared by a qualified surveyor or professional engineer,licensed by the State of Colorado,and signed by him.This fact should appear on the site plan and be established at the,hearing on the application. 6.The original and two signed copies of the application must be filed with the Town Clerk,together with a fee of $25.00. 7.The application must be filed at least twenty (20)days prior to the regular Planning Commission Meeting at which it is to be considered. 8.All owners and lien holders,or the duly authorized representative thereof,must sign the application,as their names appear on their deed.Only property owners and lien holders,or the duly authorized representative thereof,may sign the application.The verification must also be signed by the owners and lien holders,or the duly authorized representative thereof,and subscribed and sworn to before a notary public or other authorized officer.If the appli cation and site plan are signed by a duly authorized representative, two duly executed and acknowledged Powers of Attorney must be filed with the application. 9.If additional space is needed for the description of the property or signatures of applicants,use an additional page and attach it to the application. 10.Please review the provisions of Chapter 17 of the Municipal Code of Estes Park,Colorado,prior to filing the application.For further information,you may consult with the Town Administrator, prior to fi±ing tne application. rwiu Ii.I 454fl..Ja.cs P.ibamoim; H 691 rcfl f q NOTICE OF SPECIAL REVIEW NO.5 The real property hereinafter described is subject to the require ments and provisions of the Application for Special Review No.5 and the site plan filed therewith as approved by the Board of Trustees of the Town of Estes Park,Colorado,the ordinances of said Town per taining thereto,and the following agreement,which is a part of said site plan: The undersigned agree that the real property described in the k application for special review filed herewith,and as shown on the site plan,shall be subject to the provisions of Title 17 of the Municipal Code of the Town of Estes Park,Colorado,and any,-oTher ordinances of the Town of Estes Park,pertaining -th’eto ‘ri a -3 7’- STATE OF COLORADO, County of Larimer ) The foregoing agreement was acknowledged before me this 4th day of March 1 ,1976,by S A Durward and fleorge S Hix The said application and site plan are on file in the office of the Town Clerk of the Town of Estes Park,Colorado. The real property is described as follows: The west 20 feet of lot 24.and ail of lots 25,26 and 27,Block 3 Town o .1 Estes Park,Colorado. Executed by the Town of Estes Park,Colorado on the )3rj day of 1977. By 4 --. /1 J 1.,- -d.A.Uurwayd 7- Ld official seal 4pires December 12.1978 - -‘ Notary Public TOWN CL C) 0 C) CL, (I) 11/24/75 Board of Adjustment.Durwood requested a variancetosection17.32.O2Odto allow the sound of a carillontoleavethepropertyuponwhichitislocated. The variance was granted subject to three conditions. 11/25/75 Board of Trustees.Durwood requested that Chapter 9.60 be amended to allow carillons.The Board directedthestafftoproceedwithamendingChapter9.60 toallowacarillonyettomaintaintheoriginalintent of the Chapter,and to allow carillons under special review in all zones except DR. 12/09/75 Ordinance #38-75 was adopted which amended Section9.60.010 to allow carillons. 01/27/76 Ordinance #2—76 was adopted allowing carillons in all zones (except DR)by special review. 03/23/76 Durwood submitted Special Review Request #5 to allow him to operate a carillon.Granted. Mayor Harry Tregent Town of Estes Park Dear Mayor Tregent March 22,1976 9 P [ALTO P It has come to my attention that a hearing is to be held at the Town Council meeting on March 23,1976 in reference to the carillonsinstalledinJimDurward’s new building on West Elkhorn. Since our office is directly across the street from this property, we find the sounds of the carillons would be a great addition to the area.We have heard them on a few occassions and find them pleasing to the ear.We,as many others in the area,would be very much in favor of having the Town Council approve this installation. I might add that people who have visited the area and heard thecarillonswhilesittinginourofficehaveremarkedwhatapleasant addition the carillons were to the area. Thank you and the council for your consideration in this matter, I remain Yours truly, March 23,1970 Town of Estes Park P.o.Box 1200 Estes Park,Colorado 80517 Dear Sir: This is to inform you that all of the owners of record have signed the site plan in the office of the Town Administrator in regard to Special Review Request :5 for Mr.James A.Durward. Sincere1,- John 0.Phipps 7 Attorney at Law JOHN G.PHIPPS ATTORNEY AT LAW Phone 303 586530 SUITE 208 P.0.Box 3018 PIRST NATIONAL BANK BLDG. ESTES PARK,COLORADO March 19,1976 Estes Park Planning Commission Estes Park Board of Trustees Estes Park,Colorado 80517 Gentlemen: Dr.James Durward has requested that I write a letter of certification in compliance with Town Ordinance Number 17.56.090,relative to his pendingsiteplan. I have reviewed the site plan in the office of the Town Administrator and find that it has been signed by James A.Durward and George J.Hix. James A.Durward is the sole owner of the subject real property. There are four deeds of trusts of record on this property,three to The Estes Park Bank and one to Mary Crowell .However,three of the notes which are secured by three of these deeds of trust have been paid and re leases for the deeds of trust executed.This includes the Crowell note and deed of trust.These releases have not been recorded,but are being held by The Estes Park Bank.They will be recorded by the Bank in the near future.At that time The Estes Park Bank will be holder of the only deed of trust of record. Perhaps the Town Attorney will require that the release for the Crowell deed of trust now be recorded. Otherwise,I can hereby certify that all of the persons or corporations having any record interest in the real property described in the application herein,and the site plan pertaining thereto have signed the same. Respectfji1y submitted,77z John G.Phipps JGP:mp —•_•______________________________ J..Durward P.O.Box 1820 Estes Park.Co. March 4,1976 Plannino Commision Town of Estes Park Dear Sir: Please submit for snecial review the followino documents For the recuost of a carillon in the clock tower at 237 West Elkhoro Lots 25,26—Bock 3,Estes Park,Colorado. The carillon wi 11 riog on the hour From no earlier than 8:00 R..io the mornino unti no later than 10:00 P.11.in the venino.The riooinp will last no loooer than 3 minutes unless reouested by the town anministration.The sound level will not exceoe the sound of the Estes Perk BRnk Clock Chime. The exterior liohting of the buildings will be as already seen on the board walk with some additional wash tyoe lighting on the sides of the buildings. Signing will be per sion permit by the shoo lessees with nerhaps a Centennial Park sign on the 235 West Elkhorn building. [dl other questions asked in 17.58.303 are exnlaineo by the site olan drawn and signed by the engineers. Thnn V(7LJ. -‘/(—3.R.Durward - ___________ CrH)r-JLI2(NF -J I—ICD ‘- I - i -‘ S w. C-3a1% 0-i -ICr (- 3LIFF—=I—fr (I , LU . 020LI LDU, CrLI022LUILU2 LU NI C- C’S a - A S S S (N c- (N fl 4 In c N a a — (N C’ ) — n c- r r— t c- . c- c- c— (“ 4 (N @4 (N N / - cç -N ” > cS -I HARTWELL and BABCOCK ATTORNEYS AT LAW Phone 667-3116 211 E.7th Street P0.Box 5 Loveland,Colorado 80537 November 24,1975 Ernest 0.HortweIl Coil0,,W.Babcock.Jr. Gregory A.White Mr.Dale E3.Hill Town Administrator P.0.Box 1200 Estes Park,CO 80517 Dear Mr.Hill: I am writing in reply to your request for my opinion astowhetherornottheboardofadjustmenthasauthority,uponproperpetition,to grant a variance from the provisions ofsection17.32.020 2 d of the municipal code. Your particular inquiry was whether or not a bell towercouldbepermittedinaC-l zoning district by a variancegrantedbytheboardofadjustment. It is my opinion section 17.72.040 grants to the boardofadjustmentalloftheauthoritygrantedbysection31—23—207,C.R.S.1973,of which subparagraph (4)states in partasfollows:“Where there are practical difficulties or unnecessaryhardshipsinthewayofcarryingoutthestrictletterofsuchordinance,the board of adjustment has thepower,in passing upon appeals,to vary or modify the applicationoftheregulationsorprovisionsofsuchordinancerelatingtotheuse,construction,or alteration of buildingsorstructures,or the use of land,so that the spirit of theordinanceisobserved,public safety and welfare secured,andsubstantialjusticedone.” It is my further opinion the board of adjustment mustdeterminethatthereareno“practical difficulties or unnecessaryhardshipsinthewayofcarryingoutthestrictletterofsuchordinance”before it can grant such a variance.The board is given the authority to vary or modify the applicationoftheordinancerelatingtotheuse“so that thespiritoftheordinanceisobserved,public safety and welfaresecured,and substantial justice done.” Therefore,the board must also determine that,if it grantsthevariance,the foregoing quotation will be complied with. It is also necessary,under the requirements of the abovecitedstatute,that the board of adjustment have the concurring Mr.Dale C.Hill November 24,1975 Page 2 vote of four members before it can reverse any order,requirement,decision or determination of any administrative official,or can decide in favor of an applicant in order to effect anyvariationoftheordinance. It is my further opinion that,in the event the board ofadjustmentgrantsavariancetotheprovisionsoftitle17, the property owner would be prohibited from using his noise- making device,because such devices are prohibited by chapter 9.60 of the municipal code. The board of adjustment’s authority is limited to zoningvariancesandnotvariancestothewholemunicipalcode;therefore,it cannot grant variances to the whole municipal code. The only way such a device could be used would be for the board of trustees to amend chapter 9.60 to permit such a device.If the municipal code is so amended,such a device would have to be permitted throughout the town,not just inthisparticularcaseandlocation. If you have any further questions concerning this matter,please advise me. Very truly yours, Ernest C.Hartwel ECH :aeh STATE OF COLORADO COUNTY OF LARIMER William J.Robinson Proof Of Publication being duly sworn,deposes and says: I.That he is the publisher of the Estes Park Trail-Gazette,a semi-weekly newspaper printed and published in the Town of Estes Park,County of Larimer and State of Colorado. 2.That the said Estes Park Trail—Gazette is printed and published at regular intervals,two times each week,Wednesday and on Friday,and that It has a general circulation in the County of Larimer, and elsewhere. 3,That the said Estes Park Trall-Gaiette’wa,s established and has been printed and published in said County uninterruptedly and continuously during a period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said Special Review Request No.C a copy of which is hereunto attached. 4.That the Estes Park Trail-Gazette is a semi weekly newspaper of general circulation,and is printed and published In whole or part in the said Town of Estes Park and County of Larimer in which Legal Notice is required by law to be published,a copy of which is hereunto attached. 5.That the sajdEstesEarkTrall-Gazettelsa semi weekly newspaper within the meaning of an act con cerning Legal Notices and Advertisements being Chapter 109 of the Colorado Revised Statutes of 1953. 6.That the said annexed Legal Notice was published in the regular and entire edition of the Estes Park Trail-Gazette,a duly qualified semi weekly newspaper for that purpose,within the terms and meanings of the above named acts. 7.That the said annexed Legal Notice Is a full,true and correct copy of the original wtich was regularly published In each of the regular and entire isues of said newspaper,a legally qualified paper for that purpose,once each week, on the same day of each week for.1 successive weeks by 1 insertions and that the first publication thereof was in the Issued dated March 5 ,j9ajd that the last publication was (Published in the Trail.oa,ette,Friday,March s,1976) NOTICE OF PUBLIC HEARINGSPECIALREVIEWREQUESTNO.5 Notice is hereby given that an applicationhasbeenftledbyJ.A.DurwardundertheprovisionsofChapter17oftheMunicipalCodeofEstesPark,Colorado,requesting the following describedpropertybeusedfortheoperationofacarillon:-‘The west 20 feet of Lot 24 and all of,lots 25,26 and 27,Block 3,Town ot EstesPark,Colorado (237 West ElkhornAvenue) pursuant to the provisions of the ClCommercialDistrictandChapter17.56 oftheMunicipalCodeotEstesPark,Colorado. Notice is hereby given that a publichearinginrelationtosaidapplicationwillbeheldbyiheEstesParkPlanningCommissionatthehourof1:30 p.m.OnMarch16,l976,or as soon thereafter asapplicantmaybeheard,in the Board -Room of the Municipal Building,EstesPark,Colorado,at which time and placeanypersonsinterestedmayappearandbeheard. *Dales.Hill SecretaryPlanning_Commission4 in the issue dated March 5 3kL2 C Subscribed an swprb to before me this 4 day of ,Q72oir,L Publisher. 19 2k. Notary Public My commission expires May 19 ,,192.1.....