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HomeMy WebLinkAboutMINUTES Estes Valley Board of Adjustment 2003-02-05BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Special Meeting of the Estes Valley Board of Adjustment February 5, 2003, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Attending: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and A1 Sager Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Town Attorney White, Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent:Director Joseph Chair Barker called the meeting to order at 8:05 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. U.S. BUREAU OF RECLAMATION PROPERTY OFF HIGHWAY 34 AND ADJACENT TO LOT 1. LAKE ESTES 2N0 ADDITION (LAKE ESTES MARINA). 1770 BIG THOMPSON AVENUE. APPLICANT: STANGER FAMILY. LLC - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Planner Chilcott reviewed the staff report. 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 ovvned 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 Lake Shore Lodge does not have frontage on a public road. The existing off-premise sign is in an access easenient granted to LaKe Shore Lodge. This is unusual for a business. This is a minor addition to the existing off- premise sign to advertise the Silverado restaurant which is within the Lake Shore Lodge. The sign currently advertises only the lodge and conference center. This request does not exceed the maximum permitted sign area on a single lot or building. Rav Marez was present to represent the Lake Shore Lodge. He stated that the tourists that come to Estes Park miss the sign for Lake Shore Lodge and turnaround illegally on Highway 34. He feels that adding the name of the restaurant will help the general public find the restaurant. He believes this is a safety issue for the general public. Public Comment: , , D . Corv Blackman, 1260 Big Thompson Avenue, is the general manager of Best Western Silver Saddle. He spoke in opposition when the off-premise sign was first passed by the Board of Adjustment in April 2000. He feels the owners Lake Shore Lodge created this hardship for themselves when they chose to build on a site without highway frontage. Board Member Newsom stated that due to the buildirrg being located awav from the highway, a sign identifying the property should be allowed. Board Member Ball agreed with Newsom’s statement. It was moved and seconded (Newsom/Ball) to approve the variance request for the additional wording of “Silverado Restaurant” on the existing Lake Shore Lod9 off nrpmise sion located at 1770 Big Thompson Avenue and the motion passed, lhPrthe'foiroX conddhfons. Thlse voting -yes” Ball. Newsom and Lamv Those voting “no” Barker. All variances granted by the Board ot Adjustment shall become null and void if a Sign Permit has "ot been atJ* paid for, and the work commenced within twelve (12) months from the date the variance's g^nted.^^ ^ the sjgn to (he La|<e shore Lo()gei Conferenoe center, and Silverado Restaurant name, and address. otmrture (A7 252. Allow sign to be calculated as the rectangular area within the structure (47.20 square feet). BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 2 3. 4. 5. 7. 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 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. 2. UNPLATTED PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARY’S LAKE ROAD. APPLICANT: MARY*S LAKE LODGE - VARIANCE REQUEST FROM SECTION 17.66.060M3) OF THE MUNICIPAL CODE. Planner Chilcott reviewed the staff report. The petitioner requests a variance to Section 17.66.060(13) of the Estes Park Municipai Code, which prohibits off-site signs from being permitted, erected or maintained in the Town. This variance wiil ailow Mary’s Lake Lodge to erect a twenty-four square foot (eight foot by three foot) off-site sign on the eastern corner of an unplatted parcel of land shown on the Kiowa Ridge Subdivision plat. The sign will be approximately four feet high. The applicant has proposed that the sign be temporary, i.e. that it be removed once Kiowa Drive is completed behind Mary s Lake Lodge. However, temporary is an unknown number of years. Road construction wiil not be triggered until Lot 4 and or Lot 5 of Mary’s Lake Subdivision is developed. When development will happen is unpredictable. On-site signs have been erected which are visible from the right-of-way, including the payed sections of the right-of-way. However, the existing on-site signs are not easily visible from Mary’s Lake Road or Highway 7. In staffs opinion the variance wouid not be in harmony with the purposes of Chapter 17.66 Signs. The sign design blends with the historic character of the lodge. This request exceeds the maximum permitted sign area on a single lot or building in the “E” zoning district. Board Member Sager questioned why the sign wiil not be needed after the completion of Kiowa Drive. Pianner Chilcott stated that the applicant’s Letter of Intent states the sign would help direct traffic during the construction of Kiowa Drive, for which the timing of construction has not been determined. People lookirig for Kiowa Subdivision or the Rocky Mountain Church drive into the Lodge because Kiowa Drive currently dead ends at the lodge. Planner Chilcott does not feel a sign at the intersection of Mary’s Lake Road and Kiowa Drive will lessen the confusion. Frank Theis, general manager and one of the owners, was present to represent tl^ lodge. He stated that he feels there are legitimate special circumstances for the off- premise sign. Mr. Theis advised that once Kiowa Drive is completed it will create a public road that wiii loop around the property. Currently there is no traffic driving by on Mary’s Lake Road that can see the lodge’s sign. He stated that there was no provision made for the sign during annexation because there was an understanding that all parties would work on cooperative signage. Mr. Theis stated the lodge would be happy to place a timeframe for which the off-premise sign could exist. He feels that the sign is in harmony with the sign code and the neighborhood. Public Comment: ^ __. .. Jim Tawney, 1820 Fall River Road, spoke in favor of the proposed variance request. It has always been his understanding that there would be signage on this piece of unplatted property, which was created when Kiowa Drive was constructed. Bob Koehler, 2106 Ute Court, is the developer of the Kiowa Subdivision. He spoke in favor of the proposed variance request. He stated that the original Mary’s Lake J-odp sign stood on what is now referred to as an unplatted parcel. It was agreed by the property owners that there would always be a Mary’s Lake Lodge sign at this location. Mr. Koehler stated that provisions were made with Ed Dragon, former Line Superintendent, for underground electricity and that a meter needs to be installed. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 3 Patti Taylor Czarnowski, 2180 Blue Spruce Drive, spoke in favor of the proposed variance request. She stated that it is difficult to find the lodge and that a temporary sign could help direct traffic. Planner Chilcott stated that there is a timeframe in which a permitted nonconforming sign could remain in place. Attorney White stated that the amortization for a sign that was in place before a subdivision of land or annexation would be 6 >2 years after the effective date. Attorney White advised that once a nonconforming sign is removed it becomes illegal and would need to be replaced with a legal conforming sign. Frank Theis stated the sign was never intended to be removed; however during construction of the road the sign was knocked down. It was moved and seconded (Ball/Lamy) to approve the variance request for an off-premise sign for Mary’s Lake Lodge on an unplatted parcel at the intersection of Kiowa Drive and Mary’s Lake Road and the motion passed with the foiiowing conditions. Those voting “yes” Ball, Newsom and Lamy. Those voting “no” Barker and Sager. All variances granted by the Board of Adjustment shall become null and void if a Sign Permit has not been issued and paid for, and the work commenced within tweive (12) months from the date the variance is 9 1. Sign design, materials, and wording shall be as presented with this request. 2. Lighting shall be directed to prevent any off-site glare and shielded so as no o be visible from adjacent property or the highway. 3 Town Board approval of a rezonlng to a zoning district that would a low the size ■ requested sign size, e.g. the “A" or “A-1" zoning districts prior to application for a 4. CompHance with the Light and Power Department letter dated January 6,2003 to Alison Chilcott which includes metering. FAI l_ RIVER ESTATES. SOUTHWEST CORNER OF FALL sr;aK,wr".a.,rfl.l.0.T.^fw..»pMvaaa4» SFCTIQN 7.6.E-1.a(21 AND SECTION 4.3. TABLE 4-2 OF THE ESTES VALLEY development code request to build a single-familyresidenceon'ar|egal!yeplattedSl(rt!nrFall River Estates^ The tot has an unusu^^hape, contains extensive wetlands that coyer rough^SO/oof^the site, IS This is contains extensive wetlands that coyer rougn^r /o These river and wetland rs^rut Ttirreguested —• 10 includes building within axisting^dands re^^^ The essenlLSrof the neighborhood would not substantially change. square feet versus the previous application of 2680 square teei. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 4 need for cars to back out onto Fall River Court. He feels the home would be considered medium in size compared to the other homes in the area. Attorney White advised that the United States Constitution and the Colorado Constitution both state that a governmental entity can not take public property without just compensation. Some economic use of private property must be allowed by a governmental entity or that governmental entity must pay the property owner fair market value for the property. This parcel was platted in 1969 as a legal lot with no wetland or river setback requirements. He stated that since the lot was platted the Town of Estes Park has adopted wetland, river and lot line setback requirements. The wetlands and the river setbacks were imposed on the property after it was platted. He advised that the variance requested by the applicant is the minimum variance required for economic use of the property. BertCushingmi 05W. Cherokee Drive, spoke in opposition of the pr°Posed variance request. He does not want to see further encroachment on the wetlands. Wendell Amos. 3333 Rockwood Lane South. a mem^en;if Trust, spoke in opposition to the proposed variance request. He stated that the Estes Valley Land Trust entered into a conservation easement with th^e Fal River maintained by shrinking the footprint of the structure. Patty Taylor Czarnowski, 2180 Blue gstes proposed variance request. She stated shou,d not make a decision on oMained, She feels thte site plan is identical to the plan that the Board denied in January 2003. Attorney White stated the advised that a regulations in Section 7.6 of the Este JJ.. .. pederal permits have been Jim Kiple, 1054 Fall River Court, sp°k®'a 3°^ brought to request. He stated this application is a d denied the variance. He is improper for the Board to hear the request again. . • that thic; is a new request. The building size has been "dy "y alptrcent and the amount of disturbance is different. Tom Ewing. 1082 Fall River SteHfeXdSama He feels it is not realistic that the limits of disturbance can be maintained within the fenced area. Jim White. 3050 Rockwood ’ v^^S0P;d®fknet f Trust. He stated that the Land dEstates and Del Lienemann for a between the property owners of Fall River Estates conservation easement on Lot 44. Chair Barker ^ estione^g°* m® ^hevar'does rot toowhowthe applirant feels rorrergnr^op%%“^^^^^^^^ easement. He does not feel BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 delaying a decision by another month would be detrimental to the applicant. Page 5 Ralph Nicholas, 1660 North Ridge Lane, spoke in opposition to the proposed variance request. He stated that the wetiands need to be protected. Katie Speer, 1361 David Drive, spoke in opposition of the proposed variance request. She stated that the applicant could build a smaller home. She feels the additional parking spaces within Outlet A need to be removed. Keith Keenan, 2501 Big Thompson, spoke in opposition of the proposed variance request. He stated that this project has many problems and he believes it would be best to postpone a decision. He feels a conservation easement with the Land Trust would be the best solution. Richard Doutt, 2265 Deer Mountain Drive, spoke in opposition of the propose variance request. He would like to see the Land Trust try to come to some equitable agreement with the applicant. Jim White, 3050 Rockwood Circle, stated that he has a good relationship with Mr. Lienemann and feels that an agreement could be reached in 30 to 60 days. Attorney White advised that if the Board votes to continue this item to the March meeting it would be heard solely to take action on the item and there would be no further public comment. It was moved and seconded (Wayne/Ball) to continue the item to the March 4, 2003 Board of Adjustment meeting to allow the Estes Valley Land Trust a chance to discuss a conservation easement with the applicant and the Fali River Estates property owners and the motion passed unanimously. 4. REPORTS None. There being no further business. Chair Barkei^Journed the meeting at 10:55 a.m. , Chair Jacc^elyn Williamson, Recording Secretary