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PZC Minutes 030884RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING COMMISSION MEETING V�20 MARCH 8, 1984 • The regular meeting of the Avon Planning and Zoning Commission was held on March 8, 1984, at 6:40 PM in the Town Council Chambers of the Town of Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. The meeting was called to to order by Chairman Bill Pierce. Members Present: Mike Blair, Clint Watkins, Pat Cuny, Jerry Davis, Bill Pierce Members Absent: Jim Neehan and Tom Landauer Staff Present: Jim Lamont, Planning Director, Maggie Lach, Recording Secretary Sin Code Sign Co a sections addressed and discussed at the meeting were: Variances, Sign Maintenance, Repair and Removal, Liability, and Penalties. Another Master Plan tour of the Town is planned for March 15, 1984. The tour will deal with signs and standards. Record shows that Jim Meehan and Tom Landauer arrived for the meeting at approxi- mately 6:55 PM. Readin and Approval of P A Z Minutes of 2/23/84 Re ular, Meetin at ins move to approve t e minutes o t e e ruary , 1 meeting as presented. Landauer seconded. Motion passed unanimously. Coldwell Banke.- Sign, Lots 29-32, Block 2, B.S. Lamont briefly summarized the points included from the February 23, 1984 meeting minutes. Dennis Cole, attorney representing applicant, acknowledged that the intention was to sell the four lots that the Sunroad Group owned and recognized that they couldn't use a "For Sale" sign, but under the current ordinance, were entitled to the use of a development sign. Cole mentioned that there is a lot sale pending and they are willing to remove the sign upon closing of lot sale where sign is located, or if a new ordinance is passed within 60 days of passage of new Sign Code. Lamont felt there were legal questions regarding the decision made on January 12, 1984. Pierce felt that Commission could not reverse initial approval, even though his opinion had not changed as to whether it was a legal sign or not. He did not feel Commission had the right to have a majority vote saying that if certain criteria were met that it would be approved, and then deny the sign when the criteria was met. He felt that it now met the criteria that the majority of the Commission had approved. He felt that it was a mistake to approve sign initially, but it was in compliance with what the Commission approved at that time. Planning and Zoning Meeting Minutes 3/8/84 Page 2 of 5 40 Coldwell Banker Sign, Lots 29-32, Block 2, B.S., Con't. Cole made the suggestion that the lot on which the sign is placed may be sold 40 shortly and will then remove the sign upon closing of lot sale. Any further signage for those lots would come before the Commission for approval. Cuny motioned that the Coldwell Banker sign met all criteria placed upon it in the motion for approval of the January 12, 1984 meeting. i Watkins seconded. Meehan was opposed. Motion carried. Lot 70A, Block 1, B.S. - Sidelot Setback Variance Norm Wood, Director of Public Works, presente application. Watkins stepped down from discussion due to financial intarest in lnt. Tom Maron of Maron and Associates, represented applicant, Steve Erickson, owner of lot. Maron stated that variance is to allow construction of the tvne of building being presented, which is long and narrow. Wood stated that Lot 70A is adjacent to Tract B, which is an open space tract. Setback requirements are 25 feet from front lot line, 10 feet from back lot line, and 7z feet from side lot lines. Proposed building location is 25 feet back from the front lot line, but balcony extends out over the setback line. Setback re- quirements are that space be open from the ground upward. Leon Lowenthal made public comment that he objicted to the variance. He is owner of western most unit in adjacent development to the east. He felt he would lose his view and this project would be too close to his property. Bill Stroop made public comment that granting a variance would be detrimental to the lot because there would be no control of building size. Pierce and Commission reviewed and discussed Approval Criteria, 17.36.040 and Findings Required, 17.36.050. Pierce questioned if this was the smallest lot in the general area. Wood answered that it was. Steve Erickson, applicant, mentioned that there was a 7z foot easement on original plat, but Town Council requested that it be removed at time of re -plat and the variance request was in conformance with Town Council's intent at time plat was approved. Cuny motioned to grant the variance request of Lot 70A, Block 1, Benchmark Sub- division to allow building construction to the easterly side lot line due to the exceptional and extraordinary circumstances of the site it accordance with Section 17.36.050, Findings Required, number two of the Avon Municipal Code. Exceptional and extraordinary circumstances consist of there being a 50 foot wide drainage easement across an open space tract adjacent to the easterly lot line, and there being no drainage and utility easemcot on the lot adjacent to the easterly lot line. Meehan seconded. Landauer and Blair opposed motion. Notion carried. Planning and Zoning Meeting Minutes 3/8/84 Page 3 of 5 Lot 70A, Block 1, B.S. - Maron-Erickson Duplex - Design Review Norm Wood, Director of Public Works, explained points from staff report saying that the site plans as shown, required sidelot setback variance; plans show balcony that projects into the front lot setback. Wood also made additional comments on site grading plan which included that sufficient information was not available for a full review; also explained that based on contours shown, parking and driveway area grades appeared to be 10-16%. Site grading would require en- croachment onto the adjacent properties and/or retaining walls which were not indicated. Irrigation was not indicated for landscaped areas. The driveway may also require diving off of the property in order to turn around. Pierce asked the applicant, Tom Maron of Maron and Associates if the discussion should continue. He pointed out that with a quick review of the design, the building does not fit into topography of site without a lot of cutting and filling. Steve Erickson, applicant and partner in the duplex, stated that they were not seeking final approval. They came in to discuss concept of the building and to get a preliminary approval for proposed roofing materials. Pierce reiterated that building did not fit contours of site. Davis suggested to applicant that when there's an opportunity for a building to be built in the natural topography of the lot, that it is more preferable than bull- dozing the lot to fit the building. Bill Stroop made public comment saying he felt there should be no encroachment of front setback by overhangs or balconies and that applicant s;iould coordinate all drainage and driveway grading with Beacon Hill project. Applicant requested continuance and Commission agreed to continue the review to next meeting. Tract B, Block 1, B.S. - Heritaae Cabl watKins returned to Lommission discussion and Davis stepped down due to -anon- compete clause and a conflict of interest. Norm Wood, Director of Public Works, explained that dpplicant's request was for installation of a satellite antenna on Tract B, adjacent to two present antennas; Tract B is zoned OLD. Satellite antenna would replace two antennas currently in place. Blair made comment stating that antennas presently there were granted by Special Review Use; made observation that this is making a legal non -conforming use, if it is that, less non -conforming than it is now, rather than having to consider re -zoning or something in violation of the zone. Davis made public comment from audience and questioned if site was always zoned OLD. Wood replied that it was and that it could have been overlooked since it was so close to an IC zone, and that it may have actually been considered IC. Robert Probasco, applicant and Regional Engineer for Heritage Cablevision identified the new satellite antennas' name as Simulsat 5 and distributed brochures =.nd photos of the proposed antenna. Probasco stated that there were several reasons for the need of the new antenna: existing antennas in place have capability of looking at only one satellite where subscribers presently receive all of their TV signals. Stated that within cable industry now, there's a migration of many of the satellite signals. To accommodate subscribers, options available to Heritage are to either add additional antennas to look at other satellites or to replace existing antennas with Simulsat 5 that has capability of looking at a multitude of satellites. Simulsat 5 has "Look Angle" of 60 degrees. Planning and Zoning Meeting Minutes 3/8/84 Page 4 of 5 • Tract B, Block 1, B.S. - Heritage Cablevision Satellite Antenna - Design Review Con' t. • Probasco also stated that Heritage had no intention of turning the site into an antenna farm; trying to look into future by replacing two antennas with one; by adding antenna, they will be able to add quality services at a later date at a cheaper cost because additional antennas will not be necessary, thus delaying • rate increases to subscribers. Size of antenna is approximately same S.F. as two existing antennas and Probasco agreed to remove the two existing al;tennas over a period of time. Gene Larson of Heritage Cablevision stated that they would remove the two existing antennas from the Avon site and would also be eliminating two dishes at Arrowhead site. The new dish is 5 meters x 7 meters and height is approximately 6 meters. Blair questioned if the material of the dish was reflective. Probasco stated that dish is tan color; would then dismantle and remove existing antennas within 90 days to 6 months. Pierce suggested that there be a zone change for the site. Lamont suggested approaching Benchmark to make site conform to IC zone. Blair stated that present uses are allowed as Special Review Use and utilities may be put in that zone under Special Review Use. TV facilities, whether or not they are considered a utility by legal definition, are considered that under Town land use regulations. He saw that as a modification of an already allowed use and a modification which allows a slightly smaller use. The color is in keeping with natural color of the surrounding area. Blair motioned to approve the application with conditions that the two antennas to be replaced be removed from the site not later than 90 days from date of in- stallation of Simulsat 5. Meehan seconded. Passed unanimously. Wildrid a-20, Inc. - Lot 20, Block 2, B.S. - Design Review - Patio & Entry avis r9 oine Commission iscussion. Norm Wood, Director of Public Works stated that he had checked usage against the zoning as being compatible with the approved uses in zone and checked parking requirements for overall building project. The project is acceptable under the earlier parking requirements which is allowable under the current ordinance; saw no problem with parking. Larry Kumpost, representing applicant, Wildridge-20, Inc., described the use as a small cafe -style restaurant intended for light meals. Will also serve liquor if approved and tentative name of restaurant is "Cafe Espresso". Pierce questioned who owner was. Kumpost stated owner as being Cafe Espresso Corporation with Heinz Remnel as pres- ident and operator. Bill and Pat Doyle and Jim and Ann Wells would be financial backers. Kumpost went on to describe drawings and plans submitted. Davis questioned how this entry related to the new bank in the same area. Kumpost answered that entry is for Benchmark Plaza and the new bank and had been reviewed and approved verbally by condo association. Watkins questioned the number nf outdoor parking spaces. Wood replied that there are 33 outside spaces. Kumpost stated that under the new ordinance the parking would work. 71 Planning and Zoning Meeting Minutes 3/8/84 Page 5 of 5 s Wildrige-20, Inc. - Lot 20, Block 2, B.S. - Design Review - Patio & Entry, Con't. Pierce said that he saw no problem with 30 unassigned parking spaces outside the building. Meehan motioned to approve the design, entry and patio of Lot 20, Block 2, Benchmark Subdivision. Davis seconded. ® Watkins opposed motion. Motion carried. Lot 34, Block 1, B.S. - Auto Repair Shop - S.R.U. Lamont stated that applicant didn't come forth with all information requested for Special Review Use. Wood added that this was a public hearing with nothing to review. Pierce concluded that this item would be continued until next regular meeting of the Commission due to lack of adequate information. There being no further business to discuss, Meehan motioned to adjourn meeting. Davis seconded. Passed unanimously. Meeting adjourned at 10:45 PM. Respectfully Subn;tted, Marq et M. Lach Recording Secretary COMMISSION APPROVAL: DATE: Wm. Pier Mike BI Pat Cuny Jerry Da T. Landa J. Meehan C. Watkins