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HomeMy WebLinkAboutminutes.boa.19850627 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 27, 1985. Chairman Remo Lavagnino called the meeting to order at 4 : 04 p.m. with members Francis Whitaker, Ron Erickson, Charlie Paterson, Josephine Mann, and Rick Head present. MINUTES Nay 30. 1985a Whitaker moved to approve the minutes of May 30, 1985; Erickson seconded. All in favor motion carried. June 6. 1985: Paterson corrected the spelling of "visible" on page 3 , last paragraph. Mann corrected several possessive ' s ; page 3 , fifth paragraph "applicant ' s" ; page 5 , fourth paragraph "Board ' s"; and page 5, fifth paragraph "plans ' ". Paterson corrected "and" to read "an" on page 8 , second paragraph, tenth line. Paterson moved to approve the minutes of June 6 , 1985 as corrected; Mann seconded. All in favor; motion carried. NEW BUSINESS CASE # 85-12 / ASPEN RESORT ASSOCIATION Lavagnino read the requested variance : A sandwich board on the sidewalk from the hours of 8: 30 am to 7: 00 pm and then brought inside each night. It would be a public service to benefit all of Aspen. Property is located in the CC zone. Applicant is asking to place a sandwich board sign on City property. Sign code does not address sandwich boards as a permitted sign - Section 24-5.5 structural characteristics. Also need approval from the City Council to place sign on city property. Size of sign requested is 35 1/2 X 23 3/4 inches. Whitaker questioned whether this is in the Board' s jurisdiction because it is to be placed on city property. Barry Edwards, city attorney, said the Board is being asked to deal with the sign code which is a zoning matter. The Board is being asked to grant a variance from the code which doesn 't provide for specific use of sandwich boards, therefore, the Board should deal with the issue. Shirley Parks was present for the Aspen Resort Association. 1 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 27, 19$5 Ms. Parks said last summer was the first summer for the Visitors Center at the Wheeler. People have trouble finding the Visitors Center because the signage is not very good. There is currently a city sign that says tourist information and is about a 12 foot high parking sign. The existing signs are not seen. Lavagnino asked if there were any signs on the building itself. Ms. Parks replied no, there is only a small sign posted in the window. Whitaker asked why the sign says "The City of Aspen" when in actuality the City of Aspen is in the City Hall building. Ms. Parks replied it says the City of Aspen basically because the Visitors Center is funded by the City of Aspen. Erickson asked if only summertime use was being requested for the sign. Ms. Parks replied they were unsure at this time if it would be used in the winter. Whitaker asked the applicant if she was aware of the grounds and rules that this Board has to abide by in granting a variance. Ms. Parks asked to be briefed on the rules. Whitaker responded that the applicant has to prove that they have a hardship or practical difficulty, that they are being deprived of reasonable use of property, that they are being deprived of uses which people in the same vicinity enjoy and that it is not in conflict with the zoning ordinance. Whitaker asked Ms. Parks if she was prepared to present a case like that. Lavagnino said the fact that this is a historic building is a hardship. Ms. Parks added that the neighbors feel this would be a benefit and would alleviate them from having to give directions to the visitors center. Lavagnino said 3 letters from neighboring properties expressing approval had been submitted. Mann said this is a permanent variance request. Because this is not addressed by city code and may be at some future time I would like to propose that we not consider this as a permanent variance. Ms. Parks responded there was a possibility they would not always be located in the Wheeler Opera House, but when and where they might relocate had not even been considered. Lavagnino asked Bill Drueding of the building department if this business moved from the Wheeler building would the sign variance go along with the site location. Drueding replied if the business changes location, or any changes are made to the sign such as a new name etc. it would require a new sign permit. Edwards said if the variance is granted it should be specifically conditioned on being with this business in this location. 2 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 27, 1985 Mann said she would like to see a variance of this kind for a period of 1 year. Lavagnino asked what the purpose of that would be. Mann replied partially because the city codes do not address sandwich boards and they may address them in the future. Lavagnino suggested locking the variance in to when a decision is made as to the code rather than 1 year. Erickson said he would like to limit the request in that if they do at some time get another type sign the sandwich board would be removed. Lavagnino responded that the sandwich board sign will use up their allowed footage for a sign and therefore they would have to come back before the Board for another sign. Whitaker asked if there were any projecting signs currently on the Wheeler building. Ms. Parks said the only sign on the building is the Historic Designation sign. Whitaker asked if the applicant had made an application for a sign on the building itself. Ms. Parks answered no, it was her understanding that nothing could be put on the outside wall of the Wheeler building. Bill Drueding, building department, said he did not think signage was allowed on the building. Lavagnino closed the public hearing. Austin commented that she would be in favor of granting the variance. A time limit could be placed on it until the new sign code is revised. I think this is a necessary thing for the whole community, not a business that is making money. Head said he also was in favor of the variance, with no time restrictions. Mann said she was in favor of the variance. She felt the hardships were that this is a historic building, the sign code does not address sandwich boards, and this is a viable thing for the whole city which is difficult to find and the neighbors who wrote letters verify this. Whitaker said he was concerned that the Board had denied a similar sign not too long ago in an alleyway on private property. That request was for the same reason. In addition he did not know that all of the alternate resources had been exhausted, such as a sign in the window. The sidewalks are crowded already. He did not feel there was sufficient hardship or that the applicant had presented enough case by the Boards guidelines. 3 RECORD OF PROCEEDINGS REGULAR MEETING BOARD OF ADJUSTMENT JUNE 27, 1985 Paterson said he thought there was a practical difficulty in the location. If it were on a corner it would be easier to find with a sign on the window or door. In addition, the standing traffic signs are too high for pedestrians to see, and they face the opposite side of the street. He would be in favor of granting the variance on the basis of what has been presented. Erickson was in favor of granting the variance. Lavagnino was also in favor of the variance. Lavagnino said he liked the idea of the sign being taken in at night and thought it should be specified in the motion that the sign is brought in at night. Edwards asked if Lavagnino meant the sign should be brought in at the close of the business day or at sunset. Lavagnino said specific hours had been given in the request. Lavagnino said he would also be in favor of tying the variance in to when council draws an ordinance to address these problems. Lavagnino reopened the public hearing. Ms. Parks reiterated that she did not think any signage could be placed on the outside of the building. She also felt the Wheeler management would not allow them to paint a sign on the inside of a window. Ms. Parks also said, because they are new, they are still experimenting with their hours. Lavagnino asked that she give the outer perimeters of both the earliest and latest hours that the sign would be needed to be used as a guideline. Ms. Parks replied 8: 00 a.m. to 8: 00 p.m. Whitaker noted at 8: 00 p. m. in the winter time it is dark which could be a hazard. Austin added that their business in the winter will probably be from the hours of 4 : 00 p.m. until 8 : 00 p.m. and that is when people will need to be able to see it. Whitaker said his concern was if someone fell who would be liable if the sign were in the dark and could not be seen. The general reply was the City of Aspen and the Aspen Resort Association. Motion: Head moved to approve the variance with the restriction of the time of 8: 00 a.m. to 8: 00 p.m. , and compliance with any amendments that may be accomplished with any future sign code ordinance; Mann seconded. Lavagnino asked for a roll call vote: Head aye Mann aye Whitaker no Paterson aye 4 RECORD OF PROCEEDINGS REGULAR NEETING BOARD OF ADJUSTMENT JUNE 27, 1985 Lavagnino aye Four in favor , one opposed; motion carried. Motion: Head moved to adjourn the meeting at 4: 42 p.m. ; Whitaker seconded. All in favor; motion carried. Rim Wilhoit, Deputy City Clerk 5