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PZC Minutes 09-21-2004Minutes of Planning and Zoning Commission September 21, 2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There were no amendments to the Agenda. IV. Conflicts of Interest Commissioner Evans voiced conflict with Item VIII, Special Review Use — Preschool, Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd and Item IX, Minor Project — Windows & Fence, Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the September 7th, 2004, Planning and Zoning Commission Meeting; Commissioner Smith seconded the motion and the motion passed unanimously with Commissioner Evans abstaining due to absence. VI. Variance — Encroachments into Easements and Setbacks — PUBLIC HEARING Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision/580 Nottingham Road Applicant. Jerald L. Wuhrman Owner: Jux and DW Family Trust Description: Jerald Wuhrman is proposing two alpine style side-by-side town homes with a central corridor entry on Nottingham Road. The proposed design would require encroachments into the 7.5' Utility and Drainage Easement on the western lot line and 7.5' Building Setbacks on the western and eastern lot lines. Ken Kovalchik presented the Staff Report to the Commission. Commissioner Karow questioned the lot lines and easement with Staff. Jerald Wuhrman, applicant, approached the podium and discussed the granting in 1984 of a Variance on this property. He never intended to encroach on easements but did state he did have an overhang on the setback. Mr. Wuhrman FAPIanning & Zoning Commission\Minutes\2004\092104.DOC Page I of 7 continued with discussing Bristol Pines and their easement thru the lot. He mentioned that property owners on either side of this lot were in agreement with Mr. Wuhrman's project. Commissioner Savage questioned his alternative design in 1984 and Mr. Wuhrman responded that he was not the owner at that time. PUBLIC HEARING OPENED Ron Triblelhorn, adjacent owner of the property, stated that he had no objection to Mr. Wuhrman's application but commented that the drainage was an issue. He did not believe this was a hardship and recommended approval. Steve Smith, Unit B Owner, voiced that he did not have a problem with the application. He did have a problem with the drainage easement and its associated problems. He suggested a redesign of the drainage easement. PUBLIC HEARING CLOSED Commissioner Trueblood stated concern with the overhang and didn't see how approval, as presented, could be granted. Commissioner Evans commented that there are 7.5 side yard setbacks on all lots. Commissioner Didier mentioned that hardship was created when the lot was subdivided and Mr. Wuhrman bought the lot with this issue in place. Commissioner Karow reviewed the criteria, mentioned that every property has setbacks and easement. Commissioner Smith agreed with Commissioner Karow and did not see it as a special privilege. Commissioner Savage mentioned that Staff created the Resolution presented for this application and he noted that hardship was at the time of purchase of the property. He continued that adhering to the code was necessary and that there were designs. Commissioner Evans referred to the 1984 application and that he would not have moved for approval. He continued that the 50 foot drainage easement does not constitute a hardship and that the application does not meet the criteria presented in the Staff Report Items A and C. Commissioner Smith motioned to deny the Variance — Encroachments into Easements and Setbacks, Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision/580 Nottingham Road, as outlined in Resolution No. 04-24. Commissioner Savage seconded the motion and the motion passed 5 to 2, with Commissioner Trueblood and Commissioner Struve opposing. VII. Sketch Design — Duplex Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision/580 Nottingham Road Applicant•. Jerald L. Wuhrman Owner. • Jux and DW Family Trust Description: Jerald Wuhrman is proposing two alpine style side-by-side town homes with a central corridor entry. Each unit is proposed to contain 3 bedrooms and 3'/: baths. Each unit will have a single car garage and surface parking. Proposed materials include rough sawn natural cedar trim and textured white stucco exterior and cedar shake shingles for the roof. The proposed maximum F:\PIanning & Zoning Commission\Minutes\2004\092104.DOC Page 2 of 7 height is 35' and each unit will be approximately 3,000 sq. ft. A Variance is required for the proposed site design. Since the Variance on this property, see above, was denied, Ken Kovalchik mentioned that Mr. Wuhrman could present the Sketch Plan to obtain Commission guidance for Final Design submittal of this project. Mr. Kovalchik continued by presenting the Staff Report. Mr. Wuhrman mentioned that his plans would address all issues and asked that the town review its drainage issue and design. He continued with comments of how he changed the design from southwestern to mountain chalet per Commission preference. Commissioner Savage complimented the design of the project and would like to see the technical issues fixed. Commissioner Struve voiced approval of the structure and the lack of another driveway, Commissioner Smith concurred. Commissioner Karow recommended Mr. Wuhrman to make use of staff comments and that the design was well done. Commissioner Didier commented that the interiors were different and approved of it; he suggested making an integrated plan with the Town for the drainage. Commissioner Karow mentioned that the drainage was a flow issue and the Applicant should design accordingly to the debris flow. Commissioner Trueblood was concerned with the landscaping plan and that the applicant should make sure it is integrated in the Final Design submittal. Vlll. Special Review Use —Preschool —PUBLIC i•IEARING Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd Applicant., Martha Peck Owner. Evans Chaffee Construction Description: Mountain Montessori is proposing a preschool at 77 Metcalf Road that would consist of approximately 20 students. The school would operate Monday — Friday from 8:00am to 4:30pm. In order to facilitate the school use, there would be a fenced playground area outside the building for the students. Ken Kovalchik presented the Staff Report. Commissioner Karow asked about the hours of operation and if there were concerns about expanding the times of operation. The response by staff was based on conversation with the applicant. Commissioner Struve questioned why one year allowed and the response was to review compatibility in the zone district. Commissioner Didier questioned Evans Chaffee's use of the building and the use of trucks on the site. Michelle Evans approached the podium to mention that the church was still on the premises. Martha Peck, applicant, approached the podium and gave her qualifications to direct a Montessori School. She proceeded to describe the school's location, its benefits, intention of ease for the neighborhood, and that 25 children would be enrolled with 20 children on site at a time. Michelle Evans FAPIanning & Zoning Commission\Minutes\2004\092104.DOC Page 3 of 7 proceeded to the podium as landlord for the school. Ms. Evans met with Ms. Peck and walked the site. They believed it was a viable location and its access to Wildridge residents was beneficial for the community. PUBLIC HEARING OPENED Vera Miller, Wildridge resident, approached the podium. She commented that she approved all of the benefits of pre-schools and young children. Chris Evans, Wildridge resident, Avon business owner and parent, approached the podium. He commented that there is no zone district in the Town of Avon for preschools. He continued that the Town of Avon's Comprehensive Plan supported this application. PUBLIC HEARING CLOSED Commissioner Savage questioned the number of 20 children and Ms. Peck responded that there is a formula of 30 square feet per child required by the State of Colorado. He continued with the design of the parking lot and that there should be a one way in and a one way out consideration. Commissioner Struve stated agreement with the concept. Commissioner Smith noted the application was a great use of the land and an improvement to the area. Commissioner Didier was fine with the concept but concerned with the pre-existing traffic issues. Commissioner Trueblood voiced concern regarding traffic. Commissioner Karow stated that the application met the three criteria as presented in the Staff Report and acknowledged that the hours of operation should be left open, and a five year approval period might be more beneficial for the community than a lesser duration. Michelle Evans commented that the program was a three-year program, and in capacity of landlord and mother, the traffic issue would be addressed and resolved immediately. Commissioner Trueblood motioned for approval of Item VIII, Special Review Use — Preschool, Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd, Applicant: Martha Peck, Owner. Evans Chaffee Construction, Resolution No. 04-23, with condition number one being eliminated and with a five year use at time of approval. Commissioner Smith seconded the motion and all commissioners were in favor. IX. Minor Project— Windows & Fence Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd Applicant/Owner.Evans Chaffee Construction Description: Evans Chaffee Construction Company is proposing building modifications and a fence. The proposed fence crosses over the 7.5' Utility and FAPIanning &. Zoning Commission\Minutes\2004\092104.DOC Page 4 of 7 Drainage Easement on the southern lot line and will terminate at the building on Lot 23. Ken Kovalchik presented the Staff Report and requested to modify the Staff Report to reflect that the fence in question will only be on Lot 22 due to the' disapproval of the adjacent property owner (Lot 23). He continued by amending condition number one to reflect Staff Approval of a fence could be installed on Lot 22 and extend to the property line on the south side of the property adjacent to Lot 23 and that the section of fence along Metcalf Road, instead of saying located on the inside of the large pine tree, could be moved by the pine tree closer to the trunk and delete Staff Recommendation Number Three and Staff would consider a split rail with chicken wire instead of a four foot solid fence. Commissioner Savage asked about the type of fence change, originally the fence would be a 6 -foot solid fence and that the State would approve a 4 -foot fence with chicken wire. Ms. Michelle Evans appreciated the changes by Staff. Commissioner Trueblood suggested that a vacation of the easement should occur and chicken wire made sense in this environment. Commissioner Didier voiced concern with the chicken wire and felt it wasn't safe for small children. Ms. Peck stated that it is not an attraction for children but that tall fences seem to resembin a climbing option thus posing greater clanger. Commissioner Smith - had concerns with the solid fence. Commissioner Struve and Commissioner Savage had no problems with the Application. Commissioner Karow brought to light that complying with the State was okay. Commissioner Smith motioned to approve Item IX, Minor Project — Windows & Fence, Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision/77 Metcalf Rd, Applicant/Owner., Evans Chaffee Construction, with omission of Staff recommendation number one, solid fence will be replaced with a split rail fence. Commissioner Trueblood seconded the motion and it passed unanimously. X. Minor Project— Fence Property Location: Lots 40&41, Block 1, Wildridge/ 2133A & 2121 B Long Spur Applicants/Owners: Eddress Ahmad Jr. (Lot 40A) & Helen D. Rudy (Lot 41 B) Description: The applicants have built a fence, connecting both properties, constructed with rounded lodge pole wood. This application is in response to a field visit with Town staff and Ed. Ed was informed that design approval is required from the Commission for any fence located in the Town. There are a number of split rail fences in the vicinity. FAPIanning &. Zoning Commission\Minutes\2004\092104.DOC Page 5 of 7 Matt Pielsticker presented the Staff Report to the Commission Peter Rudy, applicant, approached the podium and apologized for the fence that he erected. He began with the foot traffic and dog residue that he experienced as the public walked through to access the Open Space. He believed that the fence complimented the property and proceeded to show fences in his area. He agreed that fences between yards delineate boundaries but his fence acts more as a berm to deter dog traffic. The issue remains that Planning and Zoning Commission cannot approve a fence to be placed on land not owned by the Applicant. Commissioner Savage mentioned that no one else on the street had a fence of lodge poles. Commissioner Karow mentioned that fencing is discouraged in Wildridge. Commissioner Evans could support the fence if it was moved from the Right of Way onto the property and lodge pole was a good variation of materials. Commissioner Didier motioned for approval of Item X. Minor Project — Fence, Property Location: Lots 40&41, Block 1, Wildridge/ 2133A & 2121 B Long Spur Applicants/Owners: Eddress Ahmad Jr. (Lot 40A) & Helen D. Rudy (Lot 41B), with the condition that the fence be moved back to the property and out of the Right of Way. Commissioner Savage seconded the motion. The motion carried 6 to 1 with Commissioner Karow opposing. XI. Minor Project— Landscaping Property Location: Lot 45, Block 1, Wildridge/2400 Saddle Ridge Loop Applicant/Owner., Vera Miller Description: A minor project was approved in July 2003 for landscaping improvements and a new deck and stairs. All improvements have been completed and 10 aspens trees have been planted along the rear property line in Spring 2004. The trees were not indicated or approved on the original plan. This item was tabled (at the request of applicant) at the last Commission meeting. Matt Pielsticker presented the Staff Report. Vera Miller, applicant, approached the podium. She discussed that the trees were planted over a year ago. She continued that the tree guy dumped 15 aspens and 2 pine trees in her ditch. She called him and he never came to claim them, so she planted and irrigated them. She understood that the trees were planted in a utility easement and would take the responsibility to move them if need arose. Commissioner Savage asked Ms. Miller if she knew approval was necessary for the trees. Ms. Miller responded that she had provided a landscaping plan last year but stated that this situation happened. Commissioner Evans stated that supplemental tree planting did not require approval. FAPIanning & Zoning Commission\Minutes\2004\0 I04.DCC Page 6 of 7 Commissioner Karow motioned to approve Item XI, Minor Project— Landscaping Property Location: Lot 45, Block 1, Wildridge/2400 Saddle Ridge Loop, application as submitted, with the trees in their current location, with Commissioner Evans seconding the motion. The motion passed 5 to 2 with Commissioner Struve and Commissioner Savage opposing. XII. Other Business Tambi Katieb updated the commission regarding the Comprehensive Plan and the Town Council approval of the extension of the completion and adoption date. Mr. Katieb brought to the attention of the commission the electric signs to be placed by the skier parking lots to direct traffic and provide information. One of the signs is in the Town of Avon Right of Way. XIII. Adjourn Commissioner Trueblood made the motion to adjourn. Commissioner Savage seconded and the motion was unanimously approved. The meeting adjourned at 7:55 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary FAPIanning & Zoning Commission\Minutes\2004\092104.DOC Page 7 of 7