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HomeMy WebLinkAboutminutes.boa.19841129 C I T Yw O F A S P E N BOARD OF ADJUSTMENT Thursday, November 29, 1984 City Council Chambers 4:00 p.m. AGENDA I. Minutes September 29, 1983 September 27, 1984 October 4 , 1984 October 18, 1984 October 25 , 1984 II. New Business Case #r84-25 : Frank Johnson III. Adjournment RE-CORD OF PR EEDINGS Regular Meeting Board of Adjugtmnt November 29._ 984 Chairman Remo Lavagnino called the meeting to order at 4 : 04 p.m. with members Charlie Paterson (arrived at 4 : 06 p.m. ) , Francis Whitaker, Rick Head, and Anne Austin present. MINUTES Motion:. Francis Whitaker moved to defer all the minutes to the end of the agenda; seconded by Rick Head. All in favor ; motion carried. CASE #84-25. FRANK JOHNSON Lavagnino noted the location of the property at 457 S. Galena . The variance requested is: "In the CC zone , Section 24-5 .10 (2) requires one square foot of signage per three feet of lot line frontage. This store does not have any lot line frontage. Applicant appears to be requesting a 3 . 67 square foot free standing sign located on private property adjacent to Durant Street. " (Charlie Paterson arrives in the chambers at 4 : 06 p.m. ) Frank Johnson introduced himself as the owner of the Ski Rentor . His business is located in the rear of the Mogul Shop. There is a side entrance. He intends to use as much of the Mogul Shop' s front entrance as possible. His shop has no visual eye contact from the sidewalk. There is no way any one can know his shop is there. It is necessary to have some type of sign out front so that referrals can find the shop immediately. Many other businesses have the same type of sign that he is proposing. Lavagnino asked if there is a sign in the alley way. Johnson said yes; it is located near the side door. That sign is only visible from the sidewalk for a few seconds. That sign is not effective. Lavagnino asked if the free standing sign will be located underneath the Mogul Shop sign. Johnson explained his sign will be located in the adjacent corner to the Mogul Shop sign. Whitaker asked for the signed and notarized affidavit of posting the notice. Johnson did not have the affidavit. The sign has been posted since November 7th. He does have a written signature from the neighbor witnessing the posting of the sign . The signature has not been notarized. Lavagnino said the approved variance is contingent on the presentation of a notarized affidavit that confirms the public notice was posted for the required amount of time. Also the applicant needs to present a polaroid shot of the sign and/or the sign itself. Austin asked for further clarification of the location of the sign. Johnson explained the sign will be located in the opposite corner from the Squash Blossom, next to the Ajax Building, within the property line, and within the fence. The sign will be setback P,ECQRD OF PROCEEDINGS Regular Meeting Board of t November 29 984 approximately three feet. There will not be any overhang. Lavagnino- asked if the two signs are visually aligned from the street. Johnson replied yes. Head asked how much square footage would the applicant be allowed if the shop had lot line frontage. Johnson replied approximately ten feet. Head explained the code reads that an owner is allowed one square foot of signage for each three lineal feet of frontage. How much store frontage is there on the alley? Johnson replied five or six feet. Lavagnino aajced how much running store frontage would there be if his shop, the facade with the door entrance, faced Durant. Johnson estimated twelve feet . Lavagnino then calculated four square feet of signage. Lavagnino reminded the Board that the applicant i,ao an already existing sign which contributes to square footage. That sign is about a foot by two and a half feet. Johnson said that existing sign can be eliminated. The present sign is only temporary. The applicant needed some type of exposure until the Board made its decision. The existing sign was recently put up. Head supported shop owners who have been ignored due to the nature of the code. The code does not discuss their problem. He would favor the variance if the square footage of the sign would not be in excess of what presently would be allowed by code if the shop had lot line frontage. Until such time the sign code is amended that is the only fair way to approach these applicants. What is the allowed signage? Lavagnino said the applicant is requesting 3 .67 square feet. That corresponds to twelve linear feet of frontage. Lavagnino agreed the request is not unreason- able. The sign should be visible from the street. He suggested the existing sign be taken down. Whitaker was concerned about the permanent status of the request. The Board is in a difficult position. The request for signs for shops which do not have frontage is not covered by the code. He would favor granting the variance on a temporary basis until the Council revises the code . Otherwise , the Board might grant signage that the amended code might not permit. The Board granted a variance on a temporary basis to the applicant of the last sign request. Lavagnino commented the applicant would have to come into compliance with the revisions. The applicant may very likely be in compliance with the amendments . Whitaker commented the Board does not want to be in the position of granting something that Council might decide against. Lavagnino informed the applicant Council might not address this issue for a year. The applicant will get some use out of his sign. Lavagnino closed the public portion of the hearing. Austin agreed with Whitaker ' s request for a temporary variance. Lavagnino opened the public hearing. RECORD QF PROCEEDINGS Regular Meeting_ Board of Adjustment November 29. 1984 Whitaker noted there is a height limit for signs that overhang city sidewalks. This protects people from bumping their heads. Will the sign be located in such a manner that people might have a tendency to walk under the sign? Johnson assured the Board the sign will be set back from the sidewalk on private property. ligtionk Francis Whitaker moved to grant the variance for a 3 .67 square foot free standing sign on a temporary basis until the Council has revised the sign code covering businesses without street frontage; seconded by Rick Head. All in favor ; motion carried. Lavagnino noted the motion failed to mention the removal of the existing sign. Johnson said the Board can take his word that the sign will come down. Whitaker commented that the Board denied a variance for a sign at a recent meeting ; that denied sign is back in place. The Board likes people to respect its decisions. Motion:_ Francis Whitaker moved that the Board write a letter to the City Council informing Council that the Board receives repeated requests for signs for shops which do not have street frontage. Council needs to move expeditiously to revise the ordinance to cover these situations. If the sign committee is not functioning, Council must take the responsibility to revise the code out of the hands of the committee and to revise the code themselves. The motion is seconded by Rick Head. All in favor ; motion carried. Johnson asked if the present sign can remain until the new sign is installed. Lavagnino replied that is a reasonable request. The clerk reminded the applicant to bring the affidavit. MUTES September 29. 1983,_ Whitaker corrected the fourth line from the bottom of - page six: change "they wished to build a residence on the house" to "they wished to build a residence on the lot. " Francis Whitaker moved to approve the minutes of September 29 , 1983, as corrected; seconded by Rick Head. All in favor ; motion carried. September 27, 1984: Whitaker corrected the sixth line from the bottom on page four : change "supersede" to "supersede. " Change "per forma" to "p E2 forma" throughout the minutes. In the second paragraph on page thirteen: change "the snow is transferred such that the door is not obstructed" to "the snow is transferred 8o that the door is not obstructed. " Anne Austin moved to approve the minutes of September 27 , 1984 , as corrected; seconded by Francis Whitaker. All in favor ; motion RECORD OF PROCEEDINGS Regular Meeting Board of Adjustment November 29. 1984 carried. October 4, 1984 :. Whitaker corrected line one on page four : change "the garage is 20 feet by 20 feet" to "Whitaker ' s garage is 20 feet by 20 feet. " On page six change "Whitaker opened the public hearing" to "Whitaker reopened the public hearing . " On page six change line eight of the first paragraph: "views to the south" to "views to the north. " On page seven, fourth line from the bottom change "especially this time year" to "especially this time q,J year. " Head corrected the third paragraph on page five : eliminate the word "not" from "he did not support the solution. " Francis Whitaker moved to approve the minutes of October 4 , 1984 , as corrected; seconded by Anne Austin. All in favor ; motion carried. October 18. 1984: Austin corrected the fourth line in the first paragraph on page three : correct "short wall ago" to "short while ago. " She corrected the spelling of the name of Andy Hecht. Francis Whitaker moved to approve the minutes of October 18, 1984 , as corrected ; seconded by Rick Head . All in favor ; motion carried. October 25, 1984: Whitaker requested clarification of the sixth line from the bottom of paragraph two on page two. Clarify the sentences : "Therefore, he is tolerant. Over time if the were to be tolerant and if the applicant were to prove himself wrong through a series of discourtesies then he would not. . . " to "TherQIQ-re, Taddune is tolerant over a time. If the applicant were to prove himself wrong through a series of discourtesies then Taddune would not . . . " Whitaker corrected the sentence : "all in favor ; motion carried with Whitaker objecting" to "motion carried with Whitaker opposed. " Francis Whitaker moved to approve the minutes of October 25, 1984, as corrected; seconded by Anne Austin. All in favor ; motion carried. Motion;, Rick Head moved to adjourn the meeting at 4 : 40 p.m. ; seconded by Francis Whitaker. All in favor ; motion carried. Barbara Norris, Deputy City Clerk