PZC Minutes 100488RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING MEETING
OCTOBER 4, 1988
The regular meeting of the Planning and 'Zoning Commission was
held on October 4, 1988, at 7:40 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.
Members Present: Tom Landauer, Frank Doll, Pat Cuny,
Denise Hill
Staff Present: Lynn Fritzlen, Director of Community
Development; Charlette Pascuzzi,
Recording Secretary, Joseph McGrath,
Building Official
Fri:zlen stated that Jeff Spanel and Mark Donaldson, on
behalf of Eaglebend Partnership-Laukar Investments are
requesting final design review for two proposed single family
detached residences on a portion of Lot 1, Block 1, Filing
No. 2, Eaglebend Subdivision. The residences are intended to
be platted as townhouses and the remaining portion of the lot
will be left for future development as yet unspecified. She
indicted on the plans where the proposed units would be
located. The two detached residences are on the western most
end and the rest of the lot will be left for future
development. She stated that the single family residences are
mirror-image units. They are relatively small units, 1200
square feet total.
Cuny asked if there were 32 development rights for the whole
lot?
Fritzlen stated that this was correct but they could not be
fractionalized.
Fritzlen stated that she had taken the Design Guidelines
Considerations section by section as follows:
6.11 - Design consideration that the conformance
with the zoning code and other applicable rules and
regulations of the Town of Avon. She stated that the
Planning and Zoning
October 4, 1988
Page 2 of 19
Commission Meeting Minutes
Lot 1 Block 1 Filing No 2 Eaglebend Subdivision Two
application is complete and is in conformance with the
applicable codes with the exception of the following:
- Building location needs to be tied to lot lines
- Material samples and exterior lighting proposals
are to be shown at this meeting - she stated that the
lighting location has been provided and lighting type has
been provided, but it was after the staff report was
prepared.
- She stated that this property does side the
railroad and staff feels that it would be in the best
interest of safety to insure that the fence between the
railroad and the proposed development be complete before the
final certificate of occupancy is given to the developer.
- Type of ownership should be platted before the
final certificate of occupancy is issued. This insures
things such as the water tap and sewer hookup so that the
lines don't cross privately owned property and that they are
properly placed in an easement. The lines have to come
separately into individual units, they cannot be shared.
6.12 - the suitability of the improvement,
including type and quality of materials of which it is to be
constructed and the site upon which it is to be located.
- Building type,
materials are generally in
neighborhood and the SPA plan.
intended use and exterior
conformance with surrounding
- Landscaping proposed is nominal. It is
primarily associated directly with the building, but it is
adequate to soften the building edges. She expressed concern
with screening from future development and from the open
space.
6.13 - The compatibility of the design to minimize
site impacts to adjacent properties.
- The proposed design does not significantly
impact adjacent properties.
6.14 - The compatibility of proposed improvements
with site topography.
Planning and Zoning
October 4, 1988
Page 3 of 19
Commission Meeting Minutes
Investments. Final Design Review (cont.)
- The site topography is level and very buildable
as well as accessible.
6.15 - The visual appearance of any proposed
improvement as viewed from adjacent and neighboring
properties and public ways.
- The visual appearance is generally compatible
with existing and proposed development. She stated again,
that additional screening should be considered adjacent to
the proposed deck for the purpose to provide privacy between
residences, "open space" area, "future" development area and
traffic on Eaglebend Drive.
6.16 - The objective that no improvement be so
similar or dissimilar to others in the vicinity that values,
monetary or aesthetic will be impaired.
- Proposal is generally compatible with, but not
identical to any other development in the neighborhood,
although the two units are identical. One of the things that
offsets the symmetry and duplication of these two is that the
site plan is not perfectly symmetrical and they are offset
from each other and separated.
6.17 - The general conformance of the proposed
improvements with the adopted Goals, Policies and Programs
for the Town of Avon.
- The District Goals for Eaglebend Subdivision
have not been adopted, but in the plat, they have platted
densities and restrictions on height and setback, which this
proposal does meet.
Fritzlen stated that Staff recommends approval, conditioned
by the following: Additional landscaping be incorporated on
the east and west sides of the proposed residences to better
screen residences and parking from adjacent development;
Approval of exterior materials and lighting as presented at
this meeting; The fencing between the railroad right-of-way
and the rear of Lot 1 where the residences occur be complete
before the certificate of occupancy is issued; that the
proposed culvert length be adequate for drainage. Driveway
should be constructed in accordance with the Town of Avon
standard details, as per Norm Wood, Town Engineer, and that
the building location be dimensioned before the building
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 4 of 19
permit is issued, it is not tied into the lot yet; That the
proposed townhouse subdivision lines be the limits of
construction, and that all disturbed areas be adequately
reseeded with native grasses to match the existing; and the
type of ownership be platted and recorded before the final
certificate of occupancy is given.
Jeff Spanel stated that he was representing the applicant.
He stated that what they are trying to accomplish with this
project is to basically split the townhouses into single
family homes. Based on their preliminary work, they will
probably be reducing the densities from 32 to 26 units.
There will probably be two building plans, with mirror -images
of each and maybe some variations on the roof themes to
ge�ierate four to six or eight different exterior appearances.
The intent is to provide a moderately priced home, about
$125,000.00 for a single family home. The exterior materials
will be either a cedar or construction grade redwood siding
with a solid color stain. He provided samples of the colors,
a heritage blue and a cape cod grey. He stated that they
don't have a sample of the roofing material, but would like
to use a synthetic wood, a fiberglass composition shingle
that has the appearance of a wood shingle, but actually is
going to give a superior roof at a lower cost. The brand
name is a Timberline shingle. He stated that they had no
problem with the staff comments, except for the Town
requirement that the driveway width be 20 feet.
Fritzlen stated that she had checked that out with the fire
department and rechecked it with the engineer and we are not
requiring a 16 foot driveway.
Spanel stated that they intend to extend the existing fence,
cleaning it up, painting it, and landscaping in front of it,
down to approximately the west lot line of this property, but
they want to phase the fence with the construction. The
fence will be extended as far as the two houses go.
Cuny asked what he thought about the additional landscaping
to better screen the residences.
Spanel asked what Fritzlen had in mind. One of the comments
heard initially was maybe pulling the landscaping that has
been suggested further away from the house. He stated that
each house will be staggered and side yards will be created
and they feel that they can provide the screenages
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 5 of 19
Lot 1 Block 1 Filing No 2 Eaglebend Subdivision, Two
Single Family Residences Eaglebend Partnership-Laukar
Investments Final Design Review (cont.)
for each of the units.
Cuny asked Fritzlen what she had in mind?
Fritzlen stated that she felt it was something that is up to
the Planning and Zoning Commission's discretion. It can be
addressed at this stage or it can be addressed at the time
the total development is built out.
Spanel stated perhaps that should come in with the next unit
as far as where that ends up being placed and how it will be
screened from the existing deck on this unit.
Fritzlen stated that when you have things developed in
phases, it is often good to look ahead.
Cuny stated that phases don't always work and each phase
should stand on it's own.
Spanel stated that the reason for only two units at this time
is that they are sort of testing the water. He stated that
one of the things that is a benefit of this project is
promoting the idea of these being single family houses and
for them to come in with the next phase that is going to be
immediately adjacent to this with no landscaping between it
and the deck on this house is contrary to what their goals
are. They feel it is something they can address as we go.
The other reason is that they intend to come up with at least
one additional plan, that can be mirror -imaged, but they
don't know what that next house will be at this point.
Cuny asked if the staff had a chance to look at the lighting?
Fritzlen stated that it wouldn't be a direct light source, it
does have a shade to it, which is one of the criteria for
exterior lighting and there is one light located on the side
of the garage. The height called out on it is 6' 8".
Cuny asked about the culvert length?
Spanel stated that it would be adequate.
Cuny asked if the building location would be dimensioned
before the building permit.
Spanel stated that this was no problem. Although these are
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 6 of 19
Lot 1 Block 1 Filing No 2 Eaglebend-Subdivision Two
single families, there will be a townhouse association to
take care of the concerns of common utilities. The property,
when first platted in Eagle County was 9 duplex lots, and
when they went through the annexation and rezoning through
the Town, the existing lot lines were vacated and was zoned
in bulk as a townhouse site. There are currently 9 taps
that have been extended under the asphalt. They want to
utilize those taps so they don't disturb the road, so they
have to do a townhouse association to accomodate the
requirements for water and sewer billing. It will be a
minimal townhouse association, it will only address water
and sewer billing and common driveways.
Cuny asked about the ownership being platted and recorder
before the final certificate of occupancy.
Spanel replied, yes, this would be done.
Cuny inquired if it had adequate parking?
Fritzlen stated that there was adequate parking. She stated
that the garage was only suitable for one space under our
regulations and there are two additional parking spaces
behind the building which allows two parking spaces per unit.
One parking space outside and one inside.
Hill asked if the basement will be finished?
Spanel stated that the basement will have rough -in plumbing
for a bathroom, but will be unfinished at this point.
Doll asked how many bedrooms?
Spanel stated there are two bedrooms finished. The windows
on the lower level will be egress windows, there is a
potential of either doing two bedrooms and a full bathroom
downstairs or a bathroom bedroom and family room downstairs,
what ever they want to finish it as.
Doll asked if there were any fireplaces?
Spanel stated that there is a fire place on the main living
level.
Cuny asked if there is irrigation for the lawns?
�.1
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 7 of 19
Lot 1 Block 1 Filing No 2 Eaglebend Subdivision, Two
Spanel stated that there was none.
Cuny asked if that is a requirement with the Town?
Fritzlen state that there has to be availability to a hose
bib and a type of landscaping that can be serviced by a hose
bib or you have to have irrigation. If the lawn was entirely
sodded, irrigation could be required, but that's not the case
here.
Doll asked if they intend to build these.
Spanel stated that their intent is to try to deliver the
first unit shortly after or right around Thanksgiving.
Hill asked if the rest of the units they plan on building
will be similar?
Spanel stated that they would be similar. What is planned
for one of the other units will be distinctly different.
They will use, in order to create the image of being
different each time, different colors and may change some
roof lines, etc.
Cuny stated that as background for the Commission members,
this was annexed into the Town of Avon, and when you annex
land it comes in as SPA zoned, which is specially planned
area, and this is not unusual for them to come in with a
parcel and not have it totally planned. You have to look at
what they have and not at the total lot.
Spanel stated that he felt, as the only single family
neighborhood in the Town, it would be an excellent addition
to the Town.
Further discussion followed on additional landscaping. The
view corridor was discussed.
Doll moved in the matter of Lot 1, Block 1, Filing 2,
Eaglebend Subdivision, Two Single Family Residences, to give
final design review approval and that the Staff insure that
the recommendations contained in the Staff Report be
incorporated before the certificates of occupancies are
issued.
Laundauer seconded.
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 8 of 19
The motion passed unanimously.
Fritzlen stated for clarification - All conditions other than
the additional landscaping will be met.
Cuny replied, correct.
Review
Fritzlen stated that Jacqueline Montgomery of South Harbor
Development Corporation is seeking preliminary design review
approval on a proposed duplex on Lot 12, Block 1, Filing No.
1, Eaglebend Subdivision. She described the location of this
proposal as being directly across from the previously
approved project and along the river. It is a fairly long
narrow lot. She described the lot shape.
Fritzlen then stated that in terns of conformance with the
zoning code and other applicable rules and regulstions of the
Town of Avon, the applicant is aware that there are several
insufficiencies in the application, including landscape plan,
survey, grading and drainage, required floor area and site
coverage calculations. She stated that she had talktid to the
architect about this, but they requested preliminary design
review. The proposed access is not in conformance with Town
standards. Provision for car turn -around should be included
on site plan so it is not necessary to back out onto street.
Single road cut is recommended both for safety and reduced
site coverage. Right now the driveway is split by an island,
there is no opportunity for a hammerhead or some other
arrangement where by the cars could turn around and head out
onto the street.
In regards to design consideration 6.12, the suitability of
the improvement, including type and quality of materials of
which it is to be constructed and the site upon which it is
to be located. The proposed use is in conformance with
Eaglebend SPA plan., The proposed exterior materals are
compatible with those in the neighborhood. Material samples
were not submitted. Those are wood siding and wood shakes
and wood trim.
Design consideration 6.13 - the compatibility of the design
to minimize site impacts to adjacent properties. - The site
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 9 of 19
Lot 12- Block 1, Filing No. 1, Eaglebend Subdivision,
is relatively level and easily buildable and a landscape was
not submitted, so it is difficult to judge the site impacts
in regards to that.
6.14 - the compatibility of proposed improvements with site
topography, the site topography was not submitted, so it is
difficult to determine if they have moved anything around.
6.15 - the visual appearance of any proposed improvement as
viewed from adjacent and neighboring properties and public
ways. The height and offsets in the elevations are generally
compatible with existing development. It is nice the way
they have incorporated several gables, a fair amount of
relief on the elevations, it is not a particularly boxy type
of proposal, there are some arched windows that are proposed
on the rear elevation as well as on the side elevation.
6.16 - the objective that no improvement be so similar or
dissimilar to others in the vicinity that values, monetary or
aesthetic will be impaired. The proposed duplex is a
mirror-image plan with a seven foot offset. The exact
duplication may have a mutually negative monetary and
aesthetic impact on the proposed units. Fritzlen stated the
Commission should state any comments they may have about
mirror-image projects.
6.17 - the general conformance of the proposed improvements
with the adopted Goals, Policies and Programs for the Town of
Avon - Again, there are no adopted district goals for
Eaglebend Subdivision.
Fritzlen stated that Staff recommends preliminary approval
with the following conditions: Completion of application by
submitting required materials; redesign of driveway to Town
of Avon standards.
Cuny asked Landauer if he recalled any discussion in the past
of mirror -images?
Landauer stated that there had been a lot of discussion, but
mostly concerned with open areas, out where you see all other
buildings and then you see a mirror-image like Eagle -Vail
started out to be. He stated that it had been discouraged
heavily. But he didn't think it would be a problem at this
location.
Planning and Zonin#,Commission Meeting Minutes
October 4, 1988
Page 10 of 19
Lot 12 Block 1 Filing No. 1, Eaglebend Subdivision,
Tony Siebert stated he was representing the applicant, which
is South Harbor Development. He apologized to the Commission
and the Staff for the status of the plans. He stated that
they fully intend to complete all the missing ingredients
before the final design review on the 18th. He stated that
regarding the driveway, it would be a single driveway with
turn -around and parking for three cars per side. The
exterior siding on the building is proposed to be 8" cedar
lap siding and had considered the colors of grey and blue,
but since the previous applicant is directly across the
street and is using the identical colors, they will probably
have to get his color chips and try not to conform exactly,
so they don't know exactly what the colors will be at this
point. Roof line is basically wood, shake shingles. As
Staff pointed out, this is a mirror-image duplex, except in
this situation we are facing price considerations, however,
they have tried to design them so that they do not look like
the typical boxy, generic duplex. Landscaping wise, we are
on the river side and, unfortunately the plan shows a huge
spruce right in the middle of the lot on the river side and
it is dead and will have to go, but there are several large
cottonwoods there and on the final plan they will delineate
them on the plan and show how the landscaping works. They
plan to use a combination of sod, and natural grasses,
working their way from the duplex down to the stream, using
probably pockets of natural grass around the existing trees.
We want to get away from a manicured lawn subdivision,
suburb, kind of concept, more to a blend of natural grass and
sod.
Doll asked when construction would begin, assuming they get
through reviews.
Siebert stated that both units are presold and they hope to
break ground in mid-November.
Discussion on the driveway and turn -around followed.
Hill stated that her comment is in regard to the mirror-image
and not ever having dealt with it before, she is not sure how
to handle it.
Landauer stated that the matter of mirror-image came to a
head real quick with things that happened in the Town and in
Wildridge and it was discouraged up there where everything _
out in the open and can be seen, but down here in this aieu
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 11 of 19
he has no problem with it.
Hill asked how it would it effect the adjoining properties.
Doll asked if they had talked to the other home owners?
Siebert stated that this is what they would like to see on
duplex lots. This lot is long and narrow and the duplex has
been moved down reasonably close to the river so they are
pretty far away from the road. The land is reasonably fla:
and then it drops on a steep bank to the river and we have
dropped the living room or the river side of the home
actually over the edge and dropped it in, so it will be set
down the bank a little bit.
Hill stated, then the only thing you are going to be able to
see are garages.
Siebert stated, yes, basically.
Discussion followed on mirror -images in the area.
Cuny stated that this was a preliminary design review and in
order to be on the next agenda he would have to have all the
materials in by what date?
Fritzlen stated by the Wed. before the Tuesday or a week
before the meeting.
Landauer moved to approve the preliminary design review and
for the applicant to meet the Staff's recommendations.
Hill seconded.
The motion carried unanimously.
Cuny stated that the record should reflect that Tom Landauer
stepped down as a voting member due to a conflict of interest
and there is letter to that effect.
Fritzlen stated that the record should also reflect that she
had contacted the Town Attorney's office today in regards to
the definition of a quorum when one of the Commission members
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 12 of 19
is not voting. It was the recommendation of the Town
Attorney's office that it indeed would still be a quorum even
if one of the members did not vote, if that person stays in
the room. A quorum is constituted by four Commission
members.
Fritzlen stated that L.A.L. Inc. dba Hole -In -The -Wall is
requesting a sign variance to continue to be allowed to
display, on the same terms approved previously, the 2 x 16
foot banner reading "Breakfast". The permit for the display
of the banner expired on September 30, 1988. The applicant
would like to continue the signage display past tnis date.
Fritzlen stated that the Staff comments are taken from the
previous staff report in that the application has not changed
significantly or there are any outside conditions that would
need to be taken into consideration at this time. The Staff
recommends, in that there is no significant changes that
would alter the evaluation of this application, Staff
recommendation remains primarily as before: Should the
Commission decide to grant a variance for the banner, the
approval should be limited to a specific time frame, such as
one year. Pictures, and a letters regarding this matter have
been provided for study.
Tanya Landauer stated that the application is identical to
the previous one. They are requesting to display the banner
from 7AM to 11AM, seven days a week, with possibly setting a
period of maybe one year review. The reason that the banner
is important is that they are not available to pedestrian
traffic where they are located and this is the best way to
get exposure to the vehicular traffic.
Doll stated that he doesn't see any reason why it shouldn't
go on like it has been.
Hill asked if they had met the 7 to 11 times.
Landauer stated that there had been no problems with it at
all. It comes down every morning at 11AM when the bartender
comes in.
Doll stated that every time he has seen it it has been up
neat and orderly.
Hill questioned the year time period.
Planning and Zoning
October 4, 1988
Page 13 of 19
Commission Meeting Minutes
Tract Q Block 2. Benchmark at Beaver Creek Hole -In -The -Wall
Restauarnt and Bar Sian Variance Request (cont.)
Cuny stated she also had a problem with that time period.
She asked if they had thought of incorporating it with their
signage.
Landauer replied that it is hard enough to read the sign and
if they add more the words would have to be smaller and
harder to read.
Cuny asked if they were aware that the sign above the door on
the west side was not in the sign program.
Landauer stated that no one has come and told us to take it
down.
Cuny stated that she would rather see something that is more
of a permanent type sign. She stated that she was aware that
it helps the business and realize the problem of being away
from the street. She stated she would like to re-evaluate it
before a year. Since there are only three people present to
discuss it at this time, she would rather make it for a
shorter time period.
Landauer asked what she would propose for a time period?
Obviously, the ski season is the important season.
Doll suggested the first of May.
Cuny suggested that during this time they try to find some
other alternative.
Landauer stated that by the sign program approved for the
building about a year ago basically allowed approximately a
10 foot sign and they had to get a variance for a 15 foot
sign, since they are the largest occupant. In the current
sign program they cannot put up another permanent sign for
the Hole -in -the -wall.
Cuny stated that they were the only business with two signs.
Landauer stated that they had approval for those signs since
they have the largest square footage and exposures on both
the north and sout side.
Doll moved to approve the variance for the Hole -In -The -Wall
under the provisions of paragraph 3, a,b,i, ii and iii and
that the applicant return not later than May 1, 1989 to have
the program re-evaluated.
Pl. ing and Zoning Commission Meeting Minutes
Oc_)uer 4, 1988
Page 14 of 19
Hill seconded.
The motion passed unanimously.
Fritzlen stated that Pat barron and Tom Swz<rthout of Otis
Development Company are presenting a site plop for conceptual
review by the Planning and Zoning Commission of a proposed
16,000 square foot commercial building and a 2300 square foot
drive-in restaurant. She proceeded to show on an area map
the location of the site and the access. She also discussed
possible other accesses to the site. She described where the
commercial building and the drive-in restaurant would be
located on the lot. She described propo^ed pedestrain
connections from the Wal -mart parking lot. She stated that
staff was very appreciative that the developer has kept site
circulation, vehicular circulation and parking next to those
two uses.
She stated that the following design considerations wer
discussed with the applicant prior to the September 30, 1988
submittal. These concerns appear to have been addressed in
the site plan presented.
Adequate pedestrain and vehicular interconnections
to adjacent propf;rties.
Conformance with open space, site coverage, parking
and loading requirements.
Potential building code conformance problems that
would he created by development adjacent to existing
non -conforming structures at the ncrth and west.
Maintaning an unbuilt area on the west s;de of lot
that has the potential to become a limited public
thoroughfare. She stated that this is something that has
been talked about for some mime , it is that eventually to
have another mePns of access through the Benchmark Shopping
Center property, through the Otis property and into Wal-Mart
and back out. This will eventually help relieve the
projected traffic conjestion in this area. The developer met
the Town's concerns by leaving an unbuilt corridor open.
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 15 of 19
The applicant has also incorporated a desirable
site design feature, that being a small pond and landscape
area to the west of the drive-in that could be used for
outdoor dining.
The proposed use is in conformance with allowed
zoning.
The Staff recommendation in regards to this project is the
appropriateness of the intended uses and the general
vehiculai and pedestrian site circulation should be confirmed
at the conceptual level. Previous Staff concerns appear to
have been met at this time, therefore Staff recommends that
if the proposal is found in conformance with applicable
design considerations and adopted goals, the applicant
continue on with design develcpment, taking into
consideration the Commission's comments and conce•ns. She
stated that a copy of the adopted District One Goe"Is had been
provided for reference.
Tom Swarthout of the Otis Company stated that Pat Barron, of
their Denver office was also present. He stated that they
were here to get the Commission's comments and feedback on
this proposed development. He gave a brief history of Otis
Development Company.
Cuny asked when they thought they might break ground?
Swarthout stated that due to the length of review processes,
etc, it would not be this year.
Cuny stated that one of the biggest concerns regarding the
drive-in restaurant is stacking. How much room is there for
stacking?
Swarthout stated he thinks there is room for six cars. He
stated that that will be a concern that they will study.
Discussion followed on this matter.
Discussion on the backside of the building facing the
Benchmark Shopping Center followed. Also discussed was the
access for the loading area.
Discussion followed on the pedestrian access and the
developer's willingness to provide sidewalks.
Planning and Zoning
October 4, 1988
Page 16 of 19
Commission Meeting Minutes
Vehicular access was tact? discussed.
Landscaping was a concern that was discussed. A concern was
voiced regarding the ditch that runs through the property and
how it will be treated since it flows into Nottingham Lake.
Further discussion followed on this.
Discussion followed on a possible access road through the
Benchmark Shopping Center parking lot and the Otis property
and the problems that the drive-in being there might cause.
The location of the fast food building was then discussed.
Discussion followed on the proposed design of the commercial
building. Swarthout stated that it would not be an entirely
flat roof.
Discussion followed on the landscaping of the parking lot.
Further discussion followed on the access to the drive-in
restaurant and the concern of using the parking lot to reach
the drive-in.
Jim Cunningham, representing the Benchmark Shopping Center,
voiced his concerns regarding the flow through the property
to the Wal-Mart property. He stated that there should ye
some way of an_wering the pedestrian flow. Another concern
was that they did not want to see the back of a building that
is unattractive. He suggested double loading at the ends of
the building. He voiced concerns about the access to the fast
food restaurant also and felt that this building should be
relocated to the Beaver Creek Blvd side. Further discussion
on all these concerns followed.
Swarthout stated that they were willing to sit down with
anybody and fine tune the project. That is their purpose of
being here at this time.
Fritzlen stated, regarding the proposed access through the
Benchmark and Christie Sports property, that if the nature of
the access changes significantly, there would be some highway
department concerns to deal with.
Cuny stated that she thought it admirable that the Otis
Company has agreed to make two separate buildings, so that
there is a possibility in the future of providing the access.
Further discussion followed on the possible future access.
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 17 of 19
Cuny stated that conceptually she liked the plan.
Doll stated that he did too.
Hill stated that she has a few problems with it.
Landauer stated that they need to keep in mind the pedestrian
flow and the access needs to be worked out. He suggested
maybe turning the building on the lot. Discussion Followed
regarding this matter.
Fritzlen stated that maybe the interior mall could be
encouraged by trading it off as usable open space.
Swarthout stated that they would take all the comments back
and will consider them all.
Cuny stated that she felt that the use is definitely
appropriate.
Landauer stated that item No. 7 of the District One Goals
says it all.
Fritzlen stated that there are three things to be considered:
1. The possibility of the incorporation of an
interior mall and pedestrian interconnection between the
existing walkway of Benchmark Shopping Center;
2. The need to confirm the access and more
information from the highway department.
3. The possibility of incorporating the trash and
screening for the loading area.
The Commission agreed that the proposed use was appropriate.
Reading and Approval of the Planning and Zoning Minutes of
9/20/88 Regular Meeting
Doll moved that the minutes of the last meeting be approved
as submitted.
Landauer seconded.
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 18 of 19
Reading and Approval of the Planning and Zoning Minutes of
9/20/88 Regular Meeting (cont.)
The motion carried unanimously.
Other Business
Cuny reminded the Commission that there is a joint
worksession with the Town Council, October 6, 1988. She
asked that the absent members be notified.
Cuny stated that the next item to be discussed is home
occupation, in particular, the Ekrem residence.
Fritzlen asked if they ever went through the Special Review
Use process.
Doll stated that they had not. It was approved as s hobby.
Cuny stated that it was approved as a home occupation in the
minutes.
Doll stated that he had asked the question "do you intend to
use this commercially" and she replied "no, it is a hobby for
both of us".
Further discussion followed on the possibility of this haing
a commercial business, rather than a hobby.
McGrath stated that the only recourse is if they hire an
employee, then the home occupation approval can be revoked.
Fritzlen stated that it was her understanding that they st411
have to go through the S.R.U. hearing in order to allow the
home occupation itself.
Cuny stateu that this sounds right. She requested that
Fritzlen check with the Town Attorney and if it is correct
then take immediate steps to advise them and have them start
proceedings right away.
Discussion followed on the type of installation that is
installed at the residence, and storage allowances for home
occupations.
The possibility of them having an employee was discussed.
The Staff was asked to keep a close check on this matter and
to follow up on the S.R.U. matter.
Planning and Zoning Commission Meeting Minutes
October 4, 1988
Page 19 of 19
Other Business (cont.)
Cuny commented on the building identification sign at
Benchmark Plaza that shows Rug's Pub and Breakfast, Lunch and
Dinner served. She stated that she believes they are only
allowed to have their name on it. She also commented on the
citation issued by Joe McGrath regarding the breakfast
banner.
The Coastal Mart signage was discussed. The signs are
supposed to be down as of this meeting date.
Fritzlen rdported that the Eaglewood Subdivision went through
final plat. She described the location of the subdivision
for the benefit of the new member.
Fritzlen also reported on the Nottingham Station annexation
and final plats.
Doll moved to adjourn.
Hill o.econded
The meeting was adjourned at 10:05 PM.
Respectfully submitted,
Charlette Pascu:zi
Recording Secretary
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