HomeMy WebLinkAboutPEC110055 memo 102411TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 24, 2011
SUBJECT: A request for the review of a variance from Section 11-6-3A-1c,
Height, Business Identification Signs in Sign District 1, Sign Regulations, Vail Town Code, pursuant to Chapter 11-10, Variances, Vail Town Code, to allow for the installation of awnings
with less than eight (8) feet of minimum height clearance above pedestrianways, located at 186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC110055)
Applicant: Tochter, LLC, represented by Leah KS Mayer
Planner: Rachel Dimond
SUMMARY
The applicant, Tochter, LLC, represented
by Leah KS Mayer, is requesting a variance to allow for an awning with a minimum height clearance of 7’6”, which is less than the eight (8) feet minimum clearance required by Section
11-6-3A-1c, Height, Business Identification Signs, Vail Town Code. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony
presented, the Community Development Department recommends approval, with a condition, of this application subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION
OF REQUEST
The applicant, Tochter, LLC, represented by Leah KS Mayer, is proposing to install an awning at Skin by Vail Dermatology that has a minimum height clearance of 7’6”. They
are requesting a variance from the requirement that awnings have a minimum height clearance of eight (8) feet in order to match all other existing awnings on the façade.
A vicinity
map (Attachment A) and the applicant’s request (Attachment B) have been attached for review.
III. BACKGROUND
The current regulations requiring a minimum height clearance for awnings
were established in 2004 when the Sign Regulations were overhauled. The purpose of the
minimum height clearance requirement was to allow room for emergency vehicles and snow removal equipment.
Emergency vehicles are blocked from pulling up to the storefronts at the
Lodge Promenade by bollards and snow removal equipment is no longer required because of the snowmelt system.
Skin by Vail Dermatology’s new storefront was reviewed and approved
by the Design Review Board on September 7, 2011 with the condition that a lower awning be approved should a variance be granted.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that
the following provisions of the Vail Town Code are relevant to the review of this proposal:
TITLE 11: SIGN REGULATIONS (in part)
11-1: DESCRIPTION, PURPOSE, AND APPLICABILITY (in part)
11-1-2:
Purpose:
General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated
and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential
community of the highest quality.
Specific Purpose: These regulations are intended to achieve the following specific purposes:
To describe and enable the fair and consistent enforcement
of signs in the town of Vail.
To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere.
To preserve a successful
and high quality business environment that is aided by signs that identify, direct, and inform.
To aid in providing for the growth of an orderly, safe, beautiful, and viable community.
11-6-3:
BUSINESS SIGNS:
Business Identification Signs:
Business identification signs in sign district 1 (SD 1):
Number: Each business shall be allowed one business identification sign per public
entrance.
Area: The allowable area of each business identification sign shall be up to six (6) square feet. At the discretion of the design review board, a business identification sign for a bowling
alley or movie theater may be up to fifteen (15) square feet in area, subject to the applicant demonstrating that the sign area is harmonious with the scale and architectural character
of the subject business and the building in which it is located.
Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum
clearance of fifteen feet (15') above vehicularways. No part of any business identification sign shall extend more than twenty five feet (25') above existing grade.
Location: Business
identification signs shall be located on the business frontage.
Type Of Sign: Business identification signs shall not be freestanding.
11-10: VARIANCES AND APPEALS (in part)
11-10-1:
Variances
Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the Planning and Environmental Commission
(PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title.
V. SITE ANALYSIS
Address: 18
6 Gore Creek Drive
Legal Description: Lots A, B, C, Block 5C, Vail Village Filing 1
Sign District: Sign District 1
Zone District: Commercial Core 1 District
Current Land Use: Village
Master Plan
Standard Allowed/Required Proposed Sign
Number (max): 1 1
Area (max): 6 sq.ft. 6 sq.ft. of text/logo
Height (min): 8 feet 7 feet 6 inches
Location: On
the business frontage On the business frontage
Type of Sign: Wall, Awning, Projecting Awning
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Mixed
Use/Lodge Commercial Core 1 District
West: Residential High Density Multiple Family District
East: Mixed Use Commercial Core 1 District
South: Ski Lodge Ski Base Recreation
2 District
VII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Section 11-10-1, Variances, Vail Town Code.
1. Special circumstances or conditions must exist that apply to the
land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that would substantially restrict the effectiveness of
the sign in question. However, such circumstances must be unique to the subject site.
Staff finds that special circumstances of the existing building and existing awnings would substantially
restrict the effectiveness of the proposed awning sign. The existing building façade has numerous awnings that are at 7’6” and installing a new awning at 8 feet minimum clearance would
skew the coordinated and complimentary signage on the façade. Further, the minimum height clearance requirements were created to allow for emergency vehicles and access for snow removal
equipment. However, the presence of bollards and snowmelt systems adjacent to the Lodge Promenade make this requirement unnecessary.
2. The applicant shall not have created the circumstances
that have necessitated the variance request.
Staff finds that the circumstances were not created by the applicant. The existing conditions of the building, including the presence of
awnings lower than eight (8) feet, are what is creating the need to request the variance. Specifically, the second floor balconies are low and as a result, the awnings were lowered
to line up across the façade. The Design Review Board recognized this issue publicly at their hearing on September 7, 2011 and suggested that the applicant submit a variance application.
3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title.
Staff believes this variance request is consistent
with the general purposes of the Town’s sign regulations, which are as follows:
“1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail.
2. To encourage
the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that
is aided by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community.”
Specifically, the variance request
is consistent with the purpose to have well designed signed and provide for a beautiful community in that the request will allow the awning to align with all other awnings on the same
façade.
VIII. RECOMMENDATION
The Community Development Department recommends approval, with conditions, of the applicant’s review of a variance from Section 11-6-3A-1c, Height, Business Identification
Signs in Sign District 1, Sign Regulations, Vail Town Code, pursuant to Chapter 11-10, Variances, Vail Town Code, to allow for the installation of awnings with less than eight (8) feet
of minimum height clearance above pedestrianways, located at 186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental
Commission choose to approve this variance request with a condition, the Community Development Department recommends the Commission pass the following motion:
“The Planning and Environmental
Commission approves, with conditions, the request for a variance from Section 11-6-3A-1c, Height, Business Identification Signs in Sign District 1, Sign Regulations, Vail Town Code,
pursuant to Chapter 11-10, Variances, Vail Town Code, to allow for the installation of awnings with less than eight (8) feet of minimum height clearance above pedestrianways, located
at 186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission
choose to approve this variance request, the Community Development Department recommends the Commission pass the following conditions:
“1. This sign variance approval is contingent
upon the applicant obtaining Town of Vail design review approval for the awning sign.
2. This variance shall be granted to all businesses located on the north façade at the Lodge Promenade.”
Shoul
d the Planning and Environmental Commission choose to approve this variance request with conditions, the Community Development Department recommends the Commission makes the following
findings:
“Based upon a review of Section VII of the Staff’s October 24, 2011 memorandum to the Planning and Environmental Commission, the site visit, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
Special circumstances and conditions, unique to the subject site, exist that apply to the land, buildings, topography, vegetation,
and sign structures that would substantially restrict the effectiveness of the sign in question.
The applicant did not create the circumstances that have necessitated this variance request.
The applicant has demonstrated that granting of this variance is in general harmony with
the purposes of Title 11, Sign Regulations, Vail Town Code.”
IX. ATTACHMENTS
Vicinity Map
Applicant’s Request
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