PZC Minutes 060501Minutes of Planning & Zoning Commission
Regular Meeting
June 5, 2001
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. Call to Order
The meeting was called to order at 5:40 p.m.
II. Roll Call
All Commissioners were present with the exception of Commissioner Macik.
III. Additions and Amendments to the Agenda
Final Design Item B, Lot 42, Block 4, 5101 Longsun Lane, Wildridge; Item C, Lot
92, Block 1, 2440 Old Trail Road, Wildridge; Item D, Lot 12, Block 2, 2841 O'Neal
Spur, Wildridge were moved to the Consent Agenda.
IV. Conflicts of Interest
None
V. Consent Agenda
A. Approval of the May 15, 2001 Planning & Zoning
Commission Meeting Minutes
B. Lot 42, Block 4, Wildridge
Project Type: Triplex Residence
Applicant: ASE, Inc. /Andy Schifanelli
Owner: TS Properties, Inc.
Address: 5101 Longsun Lane
Approved with the following condition:
1. The address sign must be located outside of the 10 -foot snow storage and
drainage easement.
C. Lot 92, Block 1, Wildridge
Project Type: Duplex Residence
Applicant/Owner: Vladimir Zika
Address: 2440 Old Trail Road
Approved with the following conditions:
1. The address sign must be located outside of the 10 -foot snow storage and
drainage easement. Also, each unit shall have an address placard placed in an
area visible from the road.
2. The grading plan must be revised on the west side of the property to accurately
reflect finished grades as they affect the driveway and drainage. No finished
grade shall exceed a 2:1 slope in this area. This revision to the site plan must be
submitted and approved prior to the issuance of a building permit.
3. The culvert must be sized and installed per the Town of Avon residential
standards.
4. Driveway heating installation shall not exceed beyond the property line.
D. Lot 12, Block 2, Wildridge
Project Type: Single Family Residence
Applicant: Summit Forest Dev. /Robert Borchardt
Owner: Glenn Davis
Address: 2841 O'Neal Spur
Approved with the following conditions:
A revised site plan indicating finished grades that match the survey shall be
submitted prior to the issuance of a building permit. The revised site plan shall
also accurately depict the 10' snow storage and drainage easement, as it exists
on the O'Neal Spur frontage.
Commissioner Sipes moved to approve the Consent Agenda. Commissioner Wolfe
seconded the motion. The motion was approved unanimously.
VI. Final Design
A. Lot 52, Block 3, Wildridge
Project Type: Single Family Residence
Applicant: Galen Aasland, Architect
Owner: Wagner Schorr, M.D.
Address: 4686 North Point
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June 5, 2001
Page 2
Eric Johnson, Planning Technician, gave the Staff presentation. He stated the
residence is approximately 4,018 total square feet in size with 3,129 square feet
livable area. The project includes two unique design elements; a children's
amphitheater built into the hillside and an entry arch.
The applicant, Galen Aasland, answered questions from the Commission.
Commissioner Ron Wolfe asked about the entry feature that goes over the driveway
and why such a prominent feature is at the front of the house. Mr. Aasland responded it
provides a private entry and is appropriate for this house. The property is in a more
private area of Wildridge and borders BLM land. Commissioner Wolfe was concerned
that the freestanding structure could set a precedence if approved and could change the
character of the neighborhood.
Commissioner Karow said the design meets all the Design Review Criteria except for a
couple of technical exceptions. He did not see any dimensions on the floor plans which
are required. He had no issues with the entry feature and thought it is unique and adds
to the design.
Commissioner Sipes stated he had no problem with the design and freestanding
feature. However, he was very dismayed with the level of the drawings. This would be
acceptable for a schematic level review but is not acceptable for a final review.
Commissioner Klein said it meets all of our Design Review Considerations. He
had no problem with the front entryway and liked the uniqueness of it.
Commissioner Evans stated the intent of the design meets the Design Review Criteria.
He was hesitant about the children's amphitheatre in the back yard. He thought
Commissioner Wolfe had a good point about setting a precedence with the entry
feature. He would like to see it tied into the structure a little better. His concern was
that this does not meet our Design Review submittal requirements as far as dimensions,
floor plan dimensions and site plans. There is nothing on the site plan tying the location
of this house to any specific area on the lot. Nothing is dimensioned, there is nothing
showing what the entry feature is made of. He cannot tell what the materials are on the
outside or where the colors are placed. He said if there were a motion to approve, he
would not vote in favor of it. He prefers to see it tabled or a motion to approve tied with
a resubmittal to Staff clearly identifying dimensions and where materials are located and
what the materials and color numbers are.
Mr. Aasland said he had submitted a list of all the numbers of the colors to the Staff and
has a picture of the stucco. Commissioner Evans said it should be on the documents
and tied to the elevations.
Commissioner Wolfe moved to approve the application subject to the following
conditions:
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June 5, 2001
Page 3
1. The grading on the north side of the property must be revised to allow for positive
drainage away from the building.
2. Landscaping plan must be revised to include a drip irrigation system for all trees
and shrubs.
3. Design Review Plans to be resubmitted to Staff for their review indicating what
materials are being used and dimensions.
VII. Special Review Use
A. Lot 88, Block 1, Wildridge
Project Type: Home Occupation - Day Care
Applicant/Owner: Jennifer Lawler
Address: 2455 Old Trail Road, Unit C
Chairman Evans explained to the audience that public comment would be taken. He
reviewed the criteria guidelines from the Town Zoning Code and stated the Commission
will follow these in reviewing this application.
Eric Johnson gave the Staff presentation stating the applicant has applied for a Special
Review Use for a home occupation to operate a home day care for infants and toddlers.
The business involves customers dropping off and picking up children. There would be
three children plus her own child for a total of four children. Three letters have been
received by the Town supporting the application and one letter opposing.
Applicant, Mrs. Jennifer Lawler, made her presentation. She stated the hours of
operation would be 8:00 a.m. to 5:00 p.m. three days a week.
Commissioner Wolfe asked if the customers would all arrive at the same time. Mrs.
Lawler said she was arranging a staggered drop off schedule and they have three
parking spots. He asked if there would be additional play structures outside. Mrs.
Lawler answered no permanent structures and nothing she would not be using for her
own daughter.
Commissioner Sipes asked if there was a site plan for this application; something which
shows access and parking. Eric Johnson said we could get one.
George Ruther, owner of Unit B at Lot 88 spoke. He said he was here also on behalf of
the owners of Units A and D. We agree there is a need for home day care. The
applicants have applied as owners of Lot C. The association includes Lots A, B, C, D
and the Common Area, Lot E. We are concerned what happens on Lot E. As part
owners of Lot E, we are concerned about liability. Parking must be a condition of your
approval tonight. The circulation patterns on the site are tight. Vehicles now have to
park out in the common driveway. We were disappointed there was not a site plan with
the application and that a parking plan was not provided. Parking is a problem now and
we are looking for a copy of the site plan to be recorded with this application.
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June 5, 2001
Page 4
Commissioner Evans stated a site plan is not a submittal requirement for a home
occupation Special Review Use application. He further said in regards to specific
parking areas and liability issues, whatever covenants you have with the association are
not enforceable by the Town. If you wish to enforce association issues, you need to do
so with the property owners.
Commissioner Sipes said conditions have been suggested in the Staff Report that
parking and access cannot obstruct other owners.
Mr. Ruther asked if there would be a fence placed on the property for the day care use
which may be mandated by the State for licensing. Commissioner Evans responded if
the State requires fencing, the applicant would have to come back to the Planning and
Zoning Commission with an application for a fence.
Dominic Muriello spoke. He has a contract to purchase one of the units. He asked if
the condition could be revised in regard to the number of infants. It should read three
infants in addition to their own to make it more clear. Also, that a condition be added
which requires the times to be staggered for dropping off children. In regards to
Criteria A, it states: does not produce noise audible outside the dwelling unit. If the
children are in the outside play area, there will be noise. He also would like to see a site
plan for parking.
Commissioner Sipes said your issues are valid; however, the parking issues should be
addressed with your association. He would like to see the motion state four total infants
or toddlers.
Morgan Turner, owner of Unit D, said we have met as an association and declined to
approve this and now are being forced to go through this with the Town. We have
bylaws against this. The city needs to adopt criteria that helps address this type
situation. The Town of Vail would not accept an application without a 100% approval
from a multi - family dwelling. We are going to end up in a civil problem. Chairman
Evans said the Board cannot enforce the association bylaws.
Commissioner Karow stated the criteria for review have been met and the five
conditions stated in the Staff Report should address the concerns. We should amend
Item 1 to say no more than four total infants and toddlers inclusive per day are allowed.
Commissioner Wolfe proposed the condition that the SRU be for one year and would be
subject to review.
Chairman Evans commented if the noise were mechanical, we should address it; but
children outside in a residential neighborhood is not violating the condition. He hoped
the parking problems could be worked out by the association members. The applicant
cannot interfere with the parking and if they do, it would be in violation of the permit.
The liability issues are not part of our review criteria.
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June 5, 2001
Page 5
Commissioner Karow moved to approve Resolution #01 -04 approving a Special Review
Use Permit for Lot 88, Block 1, Unit C, Wildridge Subdivision to establish a day care
home occupation according to the application dated April 24, 2001 with the following
findings and subject to the following six conditions:
1. That the proposed use otherwise complies with all requirements imposed by the
Zoning Code, including the definition of a Home Occupation (Section 17.08.360).
2. That the proposed use is in conformance with the Town Comprehensive Plan.
3. The proposed use is compatible with adjacent uses.
Subject to the following six conditions:
1. No more than four (4) total infants and toddlers inclusive per day allowed.
2. Parking cannot interfere with access to adjacent units.
3. No employees shall be allowed to work on the property on a regular basis.
4. A State of Colorado license for infant and toddler day care is required.
5. A Town of Avon Business License is required.
6. Approval is valid for one year, expiring June 5, 2002. Renewal is subject to
Planning and Zoning Commission review.
Commissioner Wolfe seconded the motion. The motion carried unanimously.
VIII. Sign Variance
A. Tract B -2, Block 2, Benchmark at Beaver Creek
Project Type: Tenant Sign
Applicant/Owner: Chapel Square LLC /Palmos
Address: 230 Chapel Place, Units 208 & 209
Eric Johnson gave the Staff presentation. He stated the applicant has applied for
variances for tenant signs for the Vail Valley Trading and Loan. The variance is seeking
approval for an increase in the sign dimensions from the Master Sign Program and to
relocate an existing cabinet sign to a post in between the two archways. Staff
recommends approval for the following reasons:
1. The tenant has a pre- existing sign that conformed to the sign code prior to
redevelopment of the building. The proposed tenant sign will conform to all of
the MSP program criteria with the exception of an increase of 12 square feet in
overall sign dimensions. (15.28.090 B.3.b.ii).
2. The lease agreement is binding the landlord and this is the proposed
compromise (15.28.090 B.3.b.ii).
Applicant, Terry Palmos, made no presentation. Commissioner Wolfe said he
understands the logo is very important to the owner but what you are asking is a
significant deviation from anything else that is in the area. If the two larger sizes were
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June 5, 2001
Page 6
approved, could the logo be applied to one of the ovals? Is there a way to get all of the
information on the two oversized ovals? Mr. Palmos said the tenant is not willing to do
that. He has a sign that is recognizable which he has built up over the years. To put
that on the bronze oval would not have the same effect and would change the logo.
Commissioner Wolfe asked if the logo could be applied on the surface or could the oval
be cut out to match the perimeter of this logo? It would look the same but just be in a
different place. Mr. Palmos said he has discussed this with the tenant but they have not
been able to reach an agreement. Mr. Kilstrip, the tenant, was in the audience and
answered that he did not want to do that.
Commissioner Karow said he does not agree with Staffs reasons for approval. We
have some very strict requirements for granting a variance. It would constitute a special
privilege for this property that other properties in the vicinity do not enjoy. The lease
agreement that is binding the landlord and the tenant is of no consequence to the
Commission. This application does not meet the criteria for a variance. He said he
would, however, consider an amendment to the Master Sign Program to allow the oval
signs that would be proportional to the arches on the building but he would not approve
the lighted sign. When the landlord chose to redevelop this property and add the new
building, he applied for a new Master Sign Program. That means everything must
comply with that new sign program. This application does not meet our minimum criteria
for a variance and he cannot support this application.
Commissioner Sipes commented that maybe a Master Sign Program Amendment
would be in order but a variance is clearly not supported.
Commissioner Klein said he agreed with Commissioner Karow's statements.
Chairman Evans said he would be willing to consider a Master Sign Program
Amendment to allow the ovals. He does not support the Vail Valley Trading and Loan
logo being put on the stucco above one of the columns. It clearly is not in keeping with
the theme of the sign program. There is no basis to grant a variance. He said he
would be willing to grant Staff give approval for a Master Sign Program Amendment
allowing the two ovals only.
Mr. Kilstrip said if you don't approve it, the present sign would stay where it is.
Chairman Evans said not if it does not comply with the Master Sign Program. Mr.
Kilstrip said he would go to court to keep it. What we are talking about is deleting the
Loan sign that is there. That is the concession I am willing to make. Otherwise, the
sign that is there will stay there. Commissioner Karow said the Loan sign and the
Trading and Loan sign would come down to be in compliance with the Master Sign
Program. He said the owner applied for and received approval for your Master Sign
Program for Chapel Square and you must adhere to them. The present signs are
currently in violation.
Mr. Palmos said we believe Mr. Kilstrip's sign was grandfathered into the new Master
Sign Program. Chairman Evans said perhaps in your lease it was but from the Planning
and Zoning Commission, our issue is with the building owner. The tenant and the
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June 5, 2001
Page 7
owner have to come to an agreement on this, not the Town. The variance cannot be
supported. He had no problem with the logo but it would be better if it were
incorporated into the ovals. The ovals are larger than what is allowed by your sign
program. We are willing to go with the larger ovals. It would make more sense and be
approvable if that logo is incorporated into the oval as opposed to being a freestanding
element that is contrary to the Master Sign Program.
Commissioner Karow moved to deny the application based on the findings that it does
not meet the following Variance Criteria:
2a. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity;
b. That the variance is warranted for one or more of the following reasons:
i. The strict or literal interpretation and enforcement of the regulation would
result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of the title;
ii. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the vicinity;
iii. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the vicinity.
Commissioner Klein seconded the motion. The motion passed unanimously.
IX. Other Business - Commissioner Evans suggested the Board skip other
business.
A recess was called at 6:45 p.m.
The meeting resumed at 6:52 p.m.
X. Town Center Plan Public Meeting
Pat Dawe, Jim Leggit and Heather Gregg of RNL Design and Holly Miller of FHU gave
their presentation of the proposed four phases of the Town Center Plan. Mr. Dawe said
the next step was to give a draft plan to Staff for review at the end of June. It would
include an implementation plan. They need to define what it is the Town Council would
adopt, work on that vision and define specifics for adoption.
Chairman Evans suggested that the vision of the Town Center Plan be implemented
into the Design Guidelines.
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June 5, 2001
Page 8
XI. Adjourn
Commissioner Sipes moved to adjourn the meeting. Commissioner Karow seconded
the motion. The motion passed unanimously. The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Cecelia Fenton
Recording Secretary
APPROVED: July 17, 2001
£kt�is
Chairman
Paul Klein
Secretary
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June 5, 2001
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