PZC Minutes 100687RECORD 017 PROCEEDINGS
MINUTES OF PLANNING AND ZONING COMMISSION MEETING
OCTOBER 6, 1987
The regular meeting of the Avon Planning and Zoning Commission was held
on October 6, 1987, at 7:35 PM in the Town Council Chambers of the Town
of Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. The
meeting was called to order by Chairwoman Pat Cuny.
Memaers Present: Charlie Gersbach, Mike Blair, Pat Cuny, Buzz Reynolds
Frank Doll, Mark Donaldson, Tom Landauer
Members Absent: None
Staff Present: Norm Wood, Director of Engineering and Community
Development - Jim Lamont, Planning Consultant
Ray Wright, Engineering Technician - Maggie Lach,
Recording Secretary
Lot 15Filing 1 Eaolebend - Ekrem Residence - Design Review
Wright stated that Chris Ekrem has applied for design review of a
single-family house proposed for Lot 15, Eaglebend Filing 1. "The
residence is approximately 3,000 square feet with a lower level housing
a ceramics and metal studio, with offices, of approximately 2,250
square feet. Proposed building materials include brick, native stone,
barnwood siding, and cedar shake and copper roofing. He stated that
the applicant did bring a model of the proposed house for Commission
review. Wright then presented submitted plans for Commission review
and comment.
Reynolds asked about the metal studio.
Chris Ekrem, applicant stated that her partner- in the project does
metal work and she does pottery. Prior to the property being annexed
to the Town, this had been cleared with the County and they said the
usage was acceptable. She stated she also spoke with Norm Wood prior
to the annexation, who assured her that the use that she planned was
ok. These are not commercial activities that would be retailed from
the home. Ekrem then reviewed the plans with the Commission regarding
the studios. She also explained that the structural engineer has a
revised site plan that ties down the building corners and there is no
problem with them.
Wright stated that one of the garage corners may encroach into the
setback and this can be reviewed at Staff level.
Commission then continued review of plans submitted.
Ekrem explained that the materials for the house are rock from Battle
Mountain which will be used in the silo and panels on the car barn;
hand molded brick; hand made brick; and barnwood that has been
weathered. With these materials, there should be no exterior
maintenance.
Discussion followed on plans submitted regarding grading and drainage.
Reynolds had concerns of the house being sold to someone who might use
the studios for retail.
Ekrem stated that she had approvals from the county and the Town for
these studios prior to annexation.
Cuny felt that Ekrem's proposal fell within the limits OF "Home
Occupation" as defined in the Zoning Code.
Discussion followed on plans submitted.
Planning & Zoning Meeting Minutes
October b, 1987
Page 2 of 7
Lot 15 Filing 1 Eaglebend - Ekrem Residence - Design review. Can't.
Reynolds asked if the fumes from the stud_os would be filtered in any
way.
Ekrem stated that they would.
Discussion followed on Staff Recommendations from Staff Report.
Flair felt that the design of the house was compatible with the
existing residences in the area and encouraged the work of artisans in
the home or in a shop.
Blair motioned to approve the design review of the Ekrem residence with
conditions of: 1) additional building ties be provided prior to
issuance of a building permit, to insure against the structure
encroaching into the front and side setbacks; 2) that a complete
grading and drainage plan be submitted for review and approval prior• to
issuance of a building permit that addressed driveway grades, retaining
structures, revised contours, and how drainage will be directed around
and away from the structure; and 3) as an advisory note to the
applicant, that the activities that take place in the lower level
studios and offices be required to fall within those outlined in the
Zoning Code under "Home Occupation".
Bersbach seconded.
Passed unanimously.
Ekrem stated she would like to raise the roof on the silo another 2
feet so it did not conflict with the ridge of the roof next to it,
making it a total of 37 feet.
Wright did not feel it wc•ald be a problem.
Blair asked staff to review the revegetation that was supposed to have
been done by Upper Eagle Regional Water Authority on the water line in
that area.
Lot 72 Blk 2 BM G PC - Buck Creek Plaza Sign Program - Design Review
Cuny stated she would be stepping down due to a conflict of interest
and turned the chair over to Vice Chairman Donaldson.
Wright stated that Cuny had submitted a letter to Staff explaining her
conflict of interest.
Wright stated that the Board of Directors of the Buck Creek Plaza
Condominium Owners Association has applied for design review of a sign
program for their building. They intend to replace the existing
plastic letters on the building with new interior lit, pan channel
letters. Signs are to be limited to two lines with top line letters to
be no larger than 12" high and the lower line lettering to be no larger
than 18" high. Signs will be located on the second floor stucco band
where the existing signs are. Other provisions of the proposed program
are that no signs may exceed 27 squara feet, and that any business that
exceeds 3,000 square feet of floor area may have two signs on the
building.
Rick Cuny, vice president of Buck Creek Condos presented several photos
of the building for Commission review. The photos showed the new and
old locations of the proposed signs. Cuny stated that some of th=
current signs are blocked by growing trees. The flood lighting now
used is not desireable and does not illuminate the -igns. He explained
that with the construction of Wal-Mart, there will be increased traf+ic
Planning & Zoning Meeting Minutes
October b, 1987
Page 3 of 7
Lot 7' Blk 2 BM @ BC - Buck Creek Plaza Sign Program - Design
Review. Cont.
on the road and wanted to take advantage of it by improving the
signage.
The type of sign proposed is identical to what is on the side of the
Avon Commercial Building. It is raised channel lit letters and color
is proposed for the signs. He explained that nothing changes as to the
size of the letters. The color proposed for the lettering is aqua.
Cuny then presented example of colored lettering for Commission review.
Cuny stated that anyone who rents space in the building will have to
use the identical signage. If a business is over 3,000 square feet,
they may have more than 1 sign. He stated that when he puts up his new
signs, the old ones on the building will come down. He explained that
there arc only 3 businesses in the building now and this would be the
ideal time to change the signage.
Discussion followed on square footage.
Doll motioned to approve the sign program as presented.
Landauer seconded.
Cuny abstained.
Motion carried.
Rick Cuny mentioned the Avon Commercial Building coming in with more
businesses. He had concerns of that building not meeting parking
requirements. He stated that if they allow 2 businesses to go in there
with no parking, he wanted to let the Commission know he would be back
in and ask for the same consideration. He stated that his wine cellar,
that attracts no additional parking, allows him to be more competitive.
Because of that he had to go off-premise and at a monthly expense of
$175.00, rent parking spaces. He felt it would be very unfair if other
businesses come into Avon and do not have to abide by the same rules
and guidelines.
Donaldson thanked Cuny for his comments.
Tract O Blk 2 BM @ BC - Benchmark Shopping Center - Sign Program
Design Review
Cuny rejoined Commission discussion.
Landauer stepped down due to a conflict of interest.
Wright stated that Jim Cunningham has requested an amendment to the
sign program for the Benchmark Shopping Center, which was approved by
the Planning and Zoning Commission on June 24, 1987. The applicant
would like the Commission to approve two business signs for the "Hole
in the Wall" Restaurant. Due to the fact that the restaurant has the
largest lease area in the buidling, with frontage on three sides, the
applicant feels that more signage for this business is appropriate.
The sign type would be the same as the approved program, but the size
would be increased. The restaurant is currently approved for two
signs, 10 square feet each. This approval would increase the sizes to
24 square feet per sign.
Tanya Landauer, representative of the Hole in the Wall restaurant felt
the request was appropriate due to the fact that they have 55 feet on
the north and south side and 70 feet on the east side, and with
Wai-Mart going in, that would be a great future market. If future
Planning & Zoning Meeting Minutes
October 6, 1987
Page 4 of 7
Tract Q Blk '' BM @ BC - Benchmark Shopping Center - Sion Program
Design Review. Con't.
building takes place between the Hole in the Wall and Wal-Mart, they
would like to move a sign from the east side to the north side where it
would be permanently attached. All the materials are according to the
current sign program. She stated they would like to light the sign
from behind with fluorescent double bulb lights. The colors would be
black background with white letters.
Discussion followed on proposed signage.
Reynolds motioned to approve the amendment to the sign program for
Benchmark Shopping Center as submitted.
Donaldson seconded.
Landauer abstained.
Motion carried.
Lot 21 Blk. 2 BM @ BC - Avon Commercial Building - Building
Modifications - Design Review
Landauer rejoined Commission discussion.
Gersbach stepped down due to a conflict of interest.
Wright states: that on October 21, 1986, the Commision granted final
design review approval for renovation of a portion of the Avon
Commercial Building for occupancy by Christy Sports. One condition of
that approval was that any future changes in use of any part eF the
building be reviewed for conformance with applicable parking
requirements. The Lindsey Group, owners of the building, are
requesting that additional retail businesses be allowed to locate in
the building. Wright explained that the applicant had made:
modifications to their proposal. He stated that this needed to be
reviewed in a couple of steps: 1) applicant needs to tell us what
businesses they are proposing to move into the building; and 2) the
Commission needs to make a determination based on that information,
whether it is a retail use or an office use. If it remains as an
office use, there is no need for additional parking. The building was
approved with 1 retail business (Christy Sports) a.nd the remainder of
the building was to be office space, which is what calculations are
based on. As long as this is kept as office space, they can divide it
up as much as they like.
Discussion followed.
Rick Erickson of the Lindsey Group, owner of the building stated that
this was the first time he had heard about the parking problem. He
stated that there were 2 parking spaces that could have gotten in the
way of the ingress and egress, and 2 were taken out when the trash
enclosure was built.
Cuny st'.ated that the Commission approved a plan in October of 1986, and
asked if the applicant is required to have 2 additional parking spaces.
Wood stated that this was more of a design service and office
operation.
Cuny had concerns of the parking available.
Lengthy discussion followed.
Doll stated he walked through the parking lot and counted 39 lined
parking spaces.
Wood stated that there was new asphalt put in at the back of the
Planning & Zoning Meeting Minutes
October b, 1987
Page 5 of 7
Lot 21 Blk "' BM @ BC - Avon Commercial Buildino - Building
Modifications - Design Review Can't.
building and there were 3 spaces that were not striped.
Discussion followed on parking.
Erickson stateC that they were requesting a clarification of the Slifer
Design use: whether it is retail or office/personal service use. He
felt it was an office/personal service use, therefore it conforms with
the existing building and the existing signage program that was
approved earlier.
Discussi.in followed on parking and use.
Wayne Townsend of Slifer Designs stated they do have an office in Vail
and are a design studio. The nature of the business involves clients
who have bought or built residences and go to their home and decorate
it. We have all of the samples in our office.
Cuny felt that this type of use would create more traffic.
Discussion followed on parking.
Donaldson stated that he believed the applicant was here for an
interpretation.
Erickson stated that was correct. He was looking for direction so he
could lease the space.
Lengthy discussion followed on parking spaces available.
Blair st.ted that parking requirements are critical and did not feel it
was appropriate to make a decision now.
Donaldson felt that the parking issue was a neighborhood problem.
Landauer did not feel any concessions could be made to the parking.
Erickson stated he came to the Commission for direction to get a
definition of Slifer Designs.
Lengthy discussion followed.
Blair stated that the parking is secondary to the use.
Blair then motioned to continue the interpretation of use to the next
regular meeting or subsequent meeting so that staff and the applicant
can come bark with a clarification on what the use is and the
consequent parking requirements.
Landauer seconded.
Donaldson did not feel there was a problem in addressing the
interpretation.
Gersbach spoke from the audience and stated that the space in the
building in question is presently leased out. He posed the question,
"Is a portion of Slifer Desigi. retail or is all of it retail, or is
none of it retail'"' He felt that a decision should be made on the
interpretation.
Discussion followed.
Donaldson stated that the definition from the Zoning Code related to
office use allows a limited nature of storage and sales.
Townsend stated they would not have the same parking demand as a retail
store.
Discussion followed.
Cuny asked for :i vote on the motion.
Commission member's defeated the motion and Cuny asked for another
motion.
Cuny felt that there would be large trucks in front of this building to
deliver furniture. She stated that the plans and submittals were not
Planning & Zoning Meeting Minutes
October 6, 1987
Page 6 of 7
Lot 21, Blk. 2. BM 0 BC -_Avon Commercial Building - Building
Modifications - Design Review Con t.
given to the Town in a timely manner for the Staff to get back to the
applicant on the issue of parking.
Erickson stated that he asked Gersbintend for this to ach to mention this o all the way to
Staff to get
a Staff level decision and did not e
the Commission, otherwise there would have been a compllete proposal, a
consolidated design and elevation. He stated his original intent was
to get a staff level decision based upon Slifer Designs and whether or
not they fit into the designated uses for the building.
Gersbach stated from the audience that the question was presented to
Staff and Staff felt there was enough question as to the interpretation
to present it to the Commission. He felt the Commission was punishing
the applicant for not having enough parking and denying the decision on
the interpretaion.
Lamont asked what gross square footage would be used for the designers
in the office.
Discussion followed. at
Donaldson stated that there is 21G square feet of storage space
1/600, 400 feet of office space at 3/1000. and 1100 feet of retail at
4/1000. If it's all averaged out, it's no different than if it were
all office space.
Reynolds proposed that applicant be given direction by a vote since the
Commission was not trying to make a decision based upon the parking
issue.
Cuny felt that there should be some action taken.
Donaldson stated that at 3/1000, there are 5.82 spaces, which is .18
less than is shown. He stated that this was equal to 1/5 of a parting
space.
Cuny felt a precedent would be set.
Donaldson motioned that he deemed Slifer Design space, as proposed, to
be compatible with the parking requirements previously set forth for
the building.
Blair seconded.
Discussion followed.
Gersbach abstained.
Cuny opposed.
Motion carried..
Discussion fol'owed.
In a separate action, Donaldson motioned to continue the design review
portion of this application to the next regular meeting.
Reynolds seconded.
Gersbach abstained.
Motion carried.
Reading & Approval of P & Z Minutes of 9/15/87 Regular Meeting
Gersbach rejoined Commission discussion.
Donaldson motioned to approve the minutes of the September 15, 1987,
regular meeting as submitted.
Landauer seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
October 6, 1967
Page 6 of 7
Lot 21 Blk. 2 BM @ BC - Avon Commercial Building - Building
Modifications - Design Review. Can't.
given to the Town in a timely manner for the Staff to get back to the
applicant on the issue of parking.
Erickson stated that he asked Gersbach to mention this to Staff to get
a Staff level decision and did not intend for this to go all the way to
the Commission, otherwise there would have been a complete proposal. a
consolidated design and elevation. He stated his original intent was
to get a staff level decision based upon Slifer Designs and whether or
not they fit into the designated uses for the building.
Gersbach stated from the audience that the question was presented to
Staff and Staff felt there was enough question as to the interpretation
to present it to the Commission. He felt the Commission was punishing
the applicant for not having enough parking and denying the decision on
the interpretaion.
Lamont asked what gross square footage would be used for the designers
in the office.
Discussion followed.
Donaldson stated that there is 210 square feet of storage space at
1/800, 400 feet of office space at /1000, and 1100 feet of retail at
4/1000. If it's all averaged out, it's no different than if it were
all office space.
Reynolds proposed that applicant be given direction by a vote since the
Commission was not trying to make a decision based upon the parking
issue.
Curly felt that there should be some action taken.
Donaldson stated that at 3/1000, there are 5.82 spaces, which is .16
less than is shown. He stated that this was equal to 115 of a parking
space.
Cuny felt a precedent would be set.
Donaldson motioned that he deemed Slifer Design space, as proposed, to
be compatible with the parking requirements previously set forth for
the building.
Blair seconded.
Discussion followed.
Gersbach abstained.
Curly opposed.
Motion carried.
Discussion followed.
In a separate action, Donaldson motioned to continue the design review
portion of this app;.ication to the next regular meeting.
Reynolds seconded.
Gersbach abstained.
Motion carried.
Reading & Approval of P & Z Minutes of 9/15/37 Regular Meetin
Gersbach rejoined Commission discussion.
Donaldson motioned to approve the minutes of the September 15, 1987,
regular meeting as submitted.
Landauer seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
October 6, 1987
Page 7 of 7
Other Business
Gersbach stated for the record that
strict on the 44 parking spaces for
There being no further business to
adjourn the meeting.
Gersbach seconded.
Passed unanimously.
Meeting adjourned at 9:45 PM.
esp ctful bmitted,
Mar a t M. Lac
Recd ding Secretary
he felt the Commission should be
the Avon Commercial Building.
discuss, Landauer motioned to
Commission Approval �IfS Date 3��i'7% 9/
M. Blair
P. Cuny
T. Landa
M. Donal
C. Gersb
A. Reync
F. Doll