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PZC Minutes 100196Record of Proceedings Planning & Zoning Commission Meeting Minutes October 1, 1996 Regular Meeting The Regular Meeting of the Town of Avon Planning and Zoning Commission was called to order by Chairperson Jack Hunn at 7:33 p.m., October 1, 1996 in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, CO 81620, Colorado with Commissioner Reynolds absent. Members Present Jack Hunn Andrew Karow Sue Railton Michael Schneider Beth Stanley Henry Vest Agenda Call to Order Roll Call Staff Present Linda Donnellon, Recording Secretary Karen Griffith, Town Planner George Harrison, Planner Mike Matzko, Community Development Director Additions and Amendments to the Agenda Karen Griffith requested to add Lot 61, Block 1, Wildridge Subdivision, Evans Residence, for a deck addition to the consent agenda. Conflicts of Interest None Consent agenda A. Approval of the September 17, 1996 Planning & Zoning Commission Meeting Minutes B. Lot 5, Block 2, Benchmark at Beaver Creek Subdivision - Winsor Residence Project Type: Minor Addition Owner/Applicants: Raymond and Kim Winsor j Ap&z\minutes\1996\100196.doc Address: 0730 West Beaver Creek Blvd. C. Lot 23, Block 1, Wildridge Subdivision - Wilson Residence Project Type: Minor Project - Storage Shed Owner/Applicant: Francis Wilson Address: 2185 Saddleridge Loop D. Phase II, Lot 2, Avon Town Square Subdivision - Avon Town Square Project Type: Extension of Final Design Approval for Commercial Project Owner: Al Williams Applicant: William Parkhill, Parkhill/lvins Architecture Address: 0030 Benchmark Road E. Lot 43, Block 1, Benchmark at Beaver Creek Subdivision - Snow Run Townhomes Project Type: Color Modification Owner/Applicants: Snow Run Homeowners Assoc. Property Address: 0520 Nottingham Road F. Lot 49, Block 1, Wildridge Subdivision - Schneider Residence Project Type: Minor Additions Owner/Applicants: Brad and Susie Schneider Property Address: 2440 Saddleridge Loop G. Lot 61, Block 1, Wildridge Subdivision - Evans Residence Project Type: Modification to Deck Addition Owner/Applicant: Mr. and Mrs. Evans Property Address: Motion Commissioner Railton moved to approve the following items on the Consent Agenda: item A, staff recommendations for items B, D, E, and G, additional landscaping for item F, and item C removed for further discussion. Commissioner Stanley seconded the motion. The motion passed unanimously. Further Discussion Lot 23, Block 1, Wildridge Subdivision, minor project for a storage shed. Karen Griffith made a brief presentation as outlined in the staff report. Fil Motion Commissioner Railton moved to table Lot 23, Block 1, Wildridge Subdivision, storage shed addition per plans dated September 18, 1996 to address concerns regarding impaet on view corridors and design compatibility of the shed with the structure. Commissioner Schneider seconded the motion. The motion passed unanimously. Final Design Review None Scheduled Public Hearin Lots 1 & 2, Wildwood Subdivision - Alpine Gardens Project Type: PUD Amendment - Seasonal Christmas Tree Sales Property Owner: Tanavon Corporation Applicant: Marty Jones Property Address: 0110 & 0120 Mountain Star Karen Griffith made a brief presentation as outlined in the staff report. Ms. Griffith presented a letter to the Commission from the Mountain Star Association requesting denial of the application. Ms. Griffith mentioned that Mark Smith, from Mountain Star, stated that the objection for this application pertained to Lot 2, storage area, not to Lot 1, the Christmas Tree sales. Marty Jones, representative for Colorado Alpine Garden, was concerned about Lot 2 storage area and the letter he had received from Mountain Star Association. Mr. Jones talked about the following items addressed to him from Mountain Star Association and Community Development staff: Item 1, the denial of an above ground fuel storage tank and gas cans. Item 2, the collection and storage of dead trees. Mr. Jones recommended a solution, erect a tarp that would screen the items stored on Lot 2. Chairperson Hunn opened the Public Hearing, seeing none, he closed Public Hearing and opened for Commission review. Commissioner Railton stated that Lot 2 looked unorganized, and asked about a screening solution. Mr. Jones replied that screening the property would be difficult due to the views from Buck Creek Road. Commissioner Railton asked what was stored on the lot. Mr. Jones answered peat moss, mulch, irrigation supplies, plastic gas cans, tool boxes, miscellaneous plant materials, shrubs and trees. 3 Commissioner Karow asked the applicant if he had this site for 1 (one) more year and if another location was being sought.. Mr. Jones relied yes, there was 1 year left on the agreement and that he was in the progress of relocating down valley. Commissioner Stanley ask if the items stored on the property were covered under a tarp or left out in the open. Mr. Jones said some items are covered, with most items exposed. Chairperson Hunn asked staff if the applicant returned to Commission for changes regarding the use on the lots.. Ms. Griffith stated yes the applicant returned for the garden center approval. Chairperson Hunn expressed concern for the sensitivity and concerns for the adjacent property owners and neighborhood. Chairperson Hunn suggested approval for Lot 1 only, or approve the application with conditions to Lot 2 as recommended by staff. Chairperson Hunn suggested that a building could be constructed as a solution to the problem for Lot 2 Chairperson Hunn asked the applicant how often were the trees taken to the dump using a 28 foot trailer. Mr. Jones replied around once a month. Chairperson Hurn suggested a dumpster container be kept on site. Mr. Jones stated that the size of the trees would take up enormous amount of room. Motion Commissioner Stanley moved to recommend approval to Council of Lots 1 & 2, Wildwood Subdivision, PUD amendment, plans dated September 4, 1996, for an extension of the time period to October of 1997 for the storage of nursery material and equipment and the extension of the Garden Center with nursery and Christmas tree sales on Lot 1 through April of 1997 with the addition of number 8, and the applicant having 7 days to clean up the site or approval for the extension will be void. Commissioner Karow seconded the motion. The motion passed unanimously. Lot 37, Block 3, Wildridge Subdivision - Weiland Residence Project Type: Variance from Front Yard Setback for a Retaining Wall and Approve the Final Design Property Owner: Danvid Enterprises Applicant: Victor Mark Donaldson Property Address: 4570 Flat Point Road Karen made a brief presentation as outlined in the staff report and presented a letter to the Commission from David Tanzer, Fred Hiller's attorney, opposing this application. For the recorded, staff had analyzed this application, with the staff reports, recommendations and findings reviewed. Ms. Griffith further stated that there was an opinion that an improper notice had been provided. It was in the staffs opinion that this was incorrect, that Ms. Griffith personally mailed theses notices on Thursday, September 19, 1996, at approximately 5:30 p.m., I! post marked 4:30 p.m.. The Ordinance stated that 12:00 midnight was the cutoff time and considered to be mailed that day. The requirement to mail the notices was 12 days prior to the hearing. Ms. Griffith presented a memo from John Dunn, Town of Avon's attorney, stating that the notice requirements have been meet. The other issue mentioned by the Town attorney was the length of notice the applicant had reviewed. Noted for the record, two days after staff had determined there was a complete application, Ms. Griffith called Mr. Hiller on a Friday and left a message, on Monday Mr. Hiller talked with Ms. Griffith with further discussion regarding this application. Mr. Hiller did receive notice prior to receiving an official mailed notice. Commissioner Schneider asked what other properties have been granted a variance regarding retaining walls. Ms. Griffith responded with Lot 19, Block 3, Wildridge Subdivision and Lot 20, mentioned in the staff report. Chairperson Hunn asked staff if the variance application was a result of moving the building or changes since the final design was granted. Ms. Griffith replied no, the plan was the same as presented last summer. Was the wall shown on the plan sets. Ms. Griffith said a similar wall was shown, not the exact same design, with the approximate location presented in tonight's meeting. Mark Donaldson represented the applicants, Mr. and Mrs. Weiland, and made a brief presentation to the Commission. Mr. Donaldson thanked the staff for doing a thorough report, and assisting in the preparation of this application. Mr. Donaldson stating the he knew the applicants for 19 years and that they came to him in 1993 to design their new home. Mr. Donaldson stated that he had received a phone call from the adjacent property owner, threatening to sue him if there was a design that encroached on any form of his view. In the fall of 1993, the Weiland's received final approval for the house, which was appealed by the adjacent property owner, Mr. Hiller In August of 1995, the Weiland's resubmitted the same design for approval. The Commission stated that the Weiland's would need a variance for the retaining wall to be placed in the setback. The reason for the variance, was the change in the staff policy. The design for the house was approved with the exception that the retaining wall come back for final design approval. Mr. Donaldson stated that he and his clients agree with the 3 (three) conditions that were recommended by staff and asked Commissioner to adopted the Resolution 96-7 as submitted by staff. Chairperson Hunn opened the Public Hearing. David Tanzer, attorney for Mr. Hiller, made a brief presentation to the Commissioner and express concerns regarding the variance application. On August 19, 1996 the application was signed, August 30, 1996, the application was paid by check, and the post mark date was August 20, 1996 p.m.. Mr. Tanzer counted the days, and stated that only 11 days had passed. Mr. Tanzer stated that the Hiller's actually received the public notice on Wednesday, August 25, E 1996. Mr. Tanzer said that the very first time he had reviewed this application was on Monday, September 30, 1995. Mr. Tanzer stated that there were no knowledge what this variance application was about until the notice arrived. Mr. Tanzer again stated that the application was signed August 19, 1996 and that he did not have enough time to review this application. Mr. Tanzer presented photograph to the Commission showing the views from Mr. Hiller's home and was concerned about the 8 foot wall that would obstruct this view. Mr. Tanzer asked the Commission to recognize the fact that the notice was not proper, and should this notice be improper, to give the Hiller's the opportunity to present their case in a good and logical matter. Chairperson Hunn stated that he understood the Hiller's point of view and staffs point of view in this matter and would take this under consideration during deliberation. Mr. Tanzer stated that there were no objections to the home itself, but to the location of the home and the retaining wall, a request to move the home 10 feet down the lot would eliminate the need for a retaining wall. Chairperson Hunn asked staff if this application should be tabled or that adequate notice had been given. Ms. Griffith said that adequate notice had been given, and briefly commented on the discussion regarding the dates of the application. There were additional items needed for the submittal of the application, which included an engineer stamp on the retaining wall design. On September 11, 1996, staff felt the application was completed to move forward. Karen Griffith did remind Commission that the notices were mailed 5:30 p.m., September 19, 1996, that a written opinion from the Town Attorney, stating compliance with the 12 day notice requirements, and the courtesy call to Mr. Hiller. Chairperson Hunn summarized the roles regarding the Planning and Zoning Commission in making a decision for this variance application. Commissioner Vest asked staff when the courtesy call was made to Mr. Hiller. Ms. Griffith said September 13, 1996. Mr. Tanzer stated that there was not an application of record at that time, and said application was signed on September 19, 1996. He continued to questioned this matter. Karen Griffith made note for the record, stating the application itself was signed August 19, 1996 and paid on August 30, 1996. Ms. Griffith stated that Mr. Tanzer was referring to, was revised Public Hearing notice, that was resubmitted September 19, 1996, which was the required posting date. Fred Hiller, adjacent owner to the applicant, stated that Karen Griffith did call him on September 13, 1996, and corrected Karen that they were talking about several different things. On September 17, 1996 he called Karen back. Karen Griffith told him this variance would be filed. Mr. Hiller stated that he has had conversations with Mark Donaldson regarding the retaining wall and suggested doing a 3 (three) step wall, encroaching on his property to lower the grade, or moving the house 10 feet lower as to eliminate the retaining wall, which would solve all these problems. Mr. Hiller asked staff if they had received a letter from Clark Brust, owner Lot 35, Block 3, Wildridge objecting to the construction of the retaining wall. Karen said no, that staff had not received the letter in question. Mr. Hiller said that the letter stated concerns for the kids that play in Mr. Hiller's yard. Mr. Hiller clarified he did not know what the contents were until he received said notice on September 25, 1996 Mr. Hiller asked the Commission not to approve the variance due to the danger regarding the height of the retaining wall. Chairperson Hunn asked Mr. Hiller if this was a new issue to him or if he had been made aware of the retaining wall as part of the project in 1993. Mr. Donaldson stated Mr. Hiller became aware of this in August 1995 as it was going through design and review. Mr. Hiller noticed the drawings of the house during a meeting that he had attended and made comments during that time. Mr. Hiller stated that he was never notified when he bought his house on November 15, 1994. David Tanzer asked Commission if this could be tabled to another meeting as to a more and logical presentation could be made. Chairperson Hunn stated after hearing all presentations made, all comments will be considered and a conclusion will be made by the Commission. Further discussion was made regarding the home and location on the lot. Mr. Tanzer presented a site plan to the Commissioners describing the area and points of interest. Commissioner Railton asked about the grading. Mr. Tanzer said Mr. Hiller could answer the question. Commissioner Schneider asked staff if the site plan was approved. Ms. Griffith said yes it was approved other than the retaining wall. Commissioner Schneider asked what the grade was. Mr. Tanzer stated 1% the first 25 feet and 8% there after. Chairperson Hunn asked about the patio being close to the property line. Ms. Griffith stated that the patio was approved by the Commission, with the understanding that the patio was restored to its original condition and that a design modification had been started, but later abandoned. 7 Mr. Hiller stated that the property line showing the location of the stakes, were wrong. Mr. Hiller contested the stakes put in the ground by Mountain Engineering were the wrong stakes. The deck was built with a building permit, and it did encroached 16 inches onto Mr. Weiland's property. Mr. Hiller then described what happened next, in order to correct the encroachment, which Mr. Weiland disapproved. Commissioner Schneider asked if the variance was approved. Mr. Hiller said no it was denied. Mr. Hiller presented a survey to the Commission, which was done last fall for Lot 37, Block 3, Wildridge. Charles Sawyer, resident and next door neighbor to Mr. Hiller on 4560 Flat Point, stated that he bought his house on May 1994. Mr. Sawyer stated that he had received a notice 10 days ago and that this was the first time he had ever heard of any plans to build on the lot below, this would impact his property and asked Commission to denied the variance. Chairperson Hunn closed Public Hearing and opened for Commission review. Mark Donaldson presented a profile of the home and made a brief presentation to the Commission, he then read from letters written by David Tanzer. Further discussion commenced regarding statements made during the meeting. Charles Sawyer stated that he would be impacted by the retaining wall, and feels that this retaining wall will devalue his property. Mark Donaldson described the retaining wall to be 57 feet long, tapering down with the grade, with 16 foot curves, a straight concrete wall covered with a two tone stucco. The retaining wall will be 5 feet into the setback, and the garage will be 30 feet deep. Mark Donaldson and Fred Hiller were in disagreement with the 1993 and 1996 design of the house. Karen Griffith stated that the retaining wall will have a 4 (four) foot railing on top and will be screened with landscaping. Too many people were talking at the same time, the tape was not audible. Mark Donaldson commented of the safety issues and the retaining wall. David Tanzer presented photographs to the Commission. Commissioner Railton asked Mark Donaldson about the grade and driveway. Mr. Donaldson used a site plan to answer Commissioner Railton's question. Commissioner Karow was concerned about the retaining wall and its location to the setback. Commissioner Vest was concerned about the height of the retaining wall and the safety for the children playing in that area. Commissioner Stanley was concerned about the height of the building. Mr. Donaldson stated that the building would 12 feet below grade. Fred Hiller presented site plans to the Commission and rebuttal from the applicants statements. He also stated that he had 3 years of architectural school and made suggestions for the retaining wall. Chairperson Hunn reminded the audience how the Commission reviews all the documentation prior to making a decision, and requested the applicants stay on the subject regarding the variance. Motion Commissioner Railton moved to approve Lot 37, Block 3, Wildridge Subdivision, the variance request as submitted and approve the final design of wall as outlined on plan set dated August 12, 1996, subject to the findings A, B and C3 as stated in the staff memo. Commissioner Schneider seconded the motion, The motion passed 4 (four) votes to 2 (two) votes with Commissioner Vest and Commissioner Karow opposing. Other Business Chairperson Hunn talked about the Town of Avon's criteria regarding sheds. Discussion followed with location, view impacts, and style. Commissioner Karow recommended that the shed match the design of the house. Commissioner Vest opposed to the tough shed style. Commissioner Stanley recommended that the applicant build onto the house for additional storage. Mike Matzko mentioned the criteria for Eagle\Vail Planning and Zoning regarding sheds. Adjourn Commissioner Karow made a motion to adjourn the meeting. It was seconded by Commissioner Schneider and the meeting adjourned at 11:13 p.m. tRpectfully submitted, Linda Donnellon Recording Secretary 7 J. A. S. A. M B. Stanley H. Vest sZ �l 10