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HomeMy WebLinkAboutminutes.boa.19930318 CITY OF ASPEN BOARD OF ADJUSTMENT MARCH 18, 1993 4:00 P.M. SECOND FLOOR MEETING ROOM A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #93-2 KENTUCKY FRIED CHICKEN III. MINUTES FEBRUARY 25, 1993 IV. ADJOURN 4P RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT MARCH 18, 1993 Vice Chairman Charlie Paterson called meeting to order at 4 : 00 PM. Answering roll call were Bill Martin, Ron Erickson, Rick Head and Charlie Paterson. Remo Lavagnino was excused. CASE #93-2 KENTUCKY FRIED CHICKEN Charlie read into record request for variance. (attached in record) Scarlett Adams, applicant, presented affidavit of mailing and proof of posting. (attached in record) Adams: Per the drawings as you can see we have a corporate nationwide logo change which means that we have to, by the end of the year, change our logo as well. We have a certain proportion framework we have to work within. The problem is the letters because it has all been reduced from the words "Kentucky Fried Chicken" to 3 initials "KFC" . They are actually 3 capital letters. However the code as written says that this makes up a word therefore the first letter can be 18 inches and the other 2 letters have to be 12 inches. We cannot use smaller F and C. We have to keep them the same level. So instead of asking for 18 inch letters, we have reduced this to 14 and 1/2 and it keeps it in proportion with the rest of our overall logo. The other variance request is for the length of the actual graphic design portion of the logo. The overall impact of the sign is the volume of it is a little bit less than what is existing today. So this makes a more square appearance. As you may know the hardship part of it is because of the setback of the location of the door. We have very limited visibility and it makes it very difficult for people to find. So to reduce this proportionately further would be a hardship. And the volume of the sign right now in the new configuration is slightly less than the volume of the current sign even though the proportion is different. Our setback is about 50 feet from the front sidewalk. For people coming down Main Street there is another business totally obscuring ours except for a small 6 square foot sign we have on the sidewalk, which is very difficult to see. We really need this sign to be this proportion. BAM3 . 18.93 Charlie: That other sign, the 6 foot square sign, is that going to stay there? Adams: Yes, that has not been a problem with this approval process. It will say "KFC" but the dimension will not change in any way. I am asking for 2 and 1/2 inches larger than the allowable small letters. Charlie: What size are these letters now that say "Kentucky Fried?" Adams: I believe 12 inches. The small ones. Charlie: The small ones with the capitalized larger. Adams: Right. Ron: The Kentucky Fried Chicken sign is now 12 inches high? Drueding: It is 12 inches high. You have got to understand she is asking for a logo variance too. The area to the left of the Kentucky--K--can't be more than 18 inches wide according the logo definition. Logo is graphic--not letters. Ron: How long is the Kentucky Fried Chicken sign now? Drueding: It is about 20 feet. But it is cut out letters so it only counts half. So it is basically a 10 square foot sign. Adams: It is going to be all separate letters applied separately. Drueding: We have Texaco there, Nick and Willy's. Would they ask for the same variance? I have other corporate logos--McDonald's, Fox Photo. They all have to comply. We could open up everybody coming in for these reasons. Charlie: Being set back and having-- Drueding: Well, Texaco is set back. Nick and Willy's is set back also. From the other side you have the cleaners for the Galena Street side. It is set back. They would all have the same argument. Bill: And they are all in compliance with the code? Drueding: Yes. Size wise. Ron: Is the current sign in compliance with the code? 2 BAM3 . 18.93 Drueding: Yes. Except for the "Y" which I missed that. It is 12 inch letters-- Ron: If they came to us with a 12 inch high letter in that logo would there be any problem with that? Drueding: Yes. The logo is too big. Ron: The 18 inches vs whatever. Drueding: Yes. Rick: What if we gave them 12 inches-- MPT Drueding: The 12 inches they can do by right. Rick: If we gave them the logo that they extended beyond-- Drueding: There have been a lot of logos coming about this year that I have had to deny because of height or width. Ron: I think Scarlett said that there is a certain proportion length to width. And I think--I am going the way Rick is. I am saying 12 inch high letters--I don't see any reason to go higher than 12 inch high letters. But I would be willing to grant a variance for length on logo if you kept the same proportions. I don't know what that would be. But I would be willing to grant that variance because I see a net decrease in bulk and impact here in terms of overall sign size. Charlie: What you are saying if it is 12 inches then it will also be shorter. Ron: A little bit. But it would still probably be too long for code but I would grant that variance without a problem. You reduce it by 2 and 1/2 inches. That is 200. Drueding: A thought occurred to me too--this up here--these letters count half. This logo does not. So we have 4 feet by a foot and a half. So we have got at least 6 feet here. This would be counted like this. Ron: Why would that be, Bill, because-- Drueding: It is stated in the code that cut out letters count only half. 3 BAM3 . 18.93 Adams: Our objective was not to increase our existing volume but to maintain the existing volume with the new proportions as much as possible. Drueding: This would still be in the 10 foot range. (He did some figuring here) So we don't need a size variance. I am just saying this would count full. This would count half as far as size. So we don't need a variance for size. Rick: You are saying that what she is asking for which is 14 inch letters times whatever that distance is--that is in compliance. That is under the allowable-- Drueding: The maximum size for a wall sign. Yes. Rick: OK. so then what about the logo again?. Drueding: The logo is 18 inches wide and that is 48. So we have got 30 inch variance for the logo. And then you would have letter size. Charlie asked if there any questions from the public. There were none. So he closed the public portion of the hearing. BOARD COMMENTS Ron: I understand the applicant's concerns here. I think that there is a hardship or practical difficulty. I think she is part of a chain operation. They are going to a new logo design. It is not of her design. However I think that she ought to be sensitive to the sign code in Aspen. I would be willing to grant a logo length variance if the letters were brought into conformance at 12 inches high. And I think if you did that and the proportions have to be met I would estimate that the logo length would be somewhere around 40 inches--18 to 20% below what she is asking for now and that would be a 22 inch variance which I consider to be a minimum variance. And I would grant that. Rick: Ron has basically stolen my thunder here. But I concur with that. Charlie: It is a solution that might work. Bill: Sounds good. Yes. Charlie: I think they have got a difficult situation. I would go along with that if we can reduce the letters to 12 inches. I would be willing to go along with that. And of course if it is reduced 4 BAM3 . 18.93 the other way in proportion to that. Ron: That is what the applicant said. That the reason that the 14 and 1/2 inches high was derived at was to keep the overall logo in conformity to what their national standards are. So if we reduce it by 2 and 1/2 inches high then they should reduce it by about 18 to 20% in width. It would still require a variance of somewhere around 22 to 24 inches. I would just say I would grant a 24 inch length variance on the total. They are reducing the total size of the sign from what exists today. Although there is a question whether that is true based on the definition of logo vs cut out letters. But as I see this logo I see that there is some blank space between the start of that logo and I would not hold them responsible for that space in -there. Charlie re-opened the meeting and asked the applicant for comment. Adams: I would be willing to go with what the Board recommends. MOTION Ron: I make a motion that we grant a logo length variance of 24 inches for case #93-2, Kentucky Fried Chicken. Rick seconded the motion. Drueding: That 24 inches is going to be short I think. Ron: No. She has got 18. Drueding: Why don't you just do it in proportion to the 12 inch letters. Adams: That would be more accurate. Ron: Then I re-phrase my motion--I grant a variance in length of logo to conform proportionally to the 12 inch high letter for the standard logo. Rick: I re-second the motion. Roll call vote: Bill Martin, yes, Ron, yes, Rick, yes and Charlie, yes. Motion carried. 5 BAM3 . 18.93 MINUTES FEBRUARY 25, 1993 Rick: I move to approve minutes of February 25, 1993 . Ron seconded the motion with all in favor. There being no further business: Rick: I move to adjourn. Ron seconded the motion with all in favor. Time was 4: 35 PM. Qezv) OtIVQJAA4 ,�,14-- . Janice M. C rney, City Deput Clerk 6 NOTICE OF PUBLIC HEARING CASE #93-2 KENTUCKY FRIED CHICKEN BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: MARCH 18, 1993 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: KENTUCKY FRIED CHICKEN SCARLETT ADAMS Address: 435 EAST MAIN STREET Location or description of property: 435 EAST MAIN STREET Variance Requested: BBC 5-408 (A) (B) MAXIMUM LETTER SIZES ARE 18 INCH FOR FIRST LETTERS OF EACH WORD. 12 INCH FOR ALL OTHER LETTERS. ASPEN LAND USE CODE. REQUEST IS FOR ALL LETTERS TO BE 14 AND 1/2 INCH REQUIRING A 2 AND 1/2 INCH VARIANCE. NO LOGO CAN BE OVER 18 INCHES WIDE. REQUEST IS FOR A LOGO WIDTH VARIANCE. Will applicant be represented by counsel: Yes: No: 8 The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk