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Home My WebLink AboutVARIANCE 1700 Big Thompson Ave Sign 2012 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: Limit the wording on the sign to the Lake Shore Lodge and Conference Center name, and address; and Sign design and materials shall be as presented with this request. 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. 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 SERVICES Water Town of Estes Park Sewer Estes Park Sanitation District Fire Protection Town of Estes Park Gas Xcel Energy Phone Qwest Site Plan Submitted with April 11, 2000 BOA Application Existing Sign Proposed Sign 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. 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. STAFF FINDINGS Staff finds: 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. 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. 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. 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. 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. 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 which is permitted by the variance compatible with the purposes of this Chapter. 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. 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. 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. 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. 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. 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. 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. Limit the wording on the sign to the Lake Shore Lodge, Conference Center, and Silverado Restaurant name, and address. Allow sign to be calculated as the rectangular area within the structure (47.25 square feet). Sign design and materials shall be as presented with this request, reviewed by the Board of Adjustment on January 7, 2003. Maintain an eight foot setback from the highway ROW. Lighting shall be directed to prevent any offsite glare and shielded so as not to be visible from adjacent property or the highway. Total exterior signage on the property shall not exceed the allowable limit set by the Larimer County Code (60 sq. ft.) Municipal Code including this off-site sign. Place dimensions on the approved site plan that verify sign locations setbacks and sight visibility at the highway intersection. Page #8 – Off-Premise Sign Variance Request for Stanger//Silverado Restaurant Stanger/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 The Chop House US 34 Location Map for Lake Shore Lodge Sign Existing Lake Shore Lodge Sign Lake Shore Lodge Access Easement