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Home My Public Portal AboutPlanning Commission Minutes 02-08-2023Mintum Planning Commission February 8, 2023 Page 1 of5 Planning Commission Official Minutes Wednesday February 8, 2023 — 6:30 PM Minturn Town Hall / Council Chambers 302 Pine St Minturn, CO The agenda is subject to change, including the addition of items 24 hours in advance or the deletion of items at any time. The order and times of agenda items listed are approximate. This agenda and meetings can be viewed at www.minturn.org. MEETING ACCESS INFORMATION AND PUBLIC PARTICIPATION This will be an in -person meeting with access for the public to attend in person or via the Zoom link included. Zoom Link: https://us02web.zoom.us/1/81669207863 Zoom Call -In Information: 1 651 372 8299 or 1 301 715 8592 Webinar ID: 816 6920 7863 Please note: all virtual participants are muted. In order to be called upon and be unmuted, you will need to use the "raise hand" feature in the Zoom platform. When it's your turn to speak, the moderator will unmute your line and you will have five (5) minutes for public comment. PUBLIC COMMENTS: If you are unable to attend, public comments regarding any items on the agenda can be submitted to Madison Harris, Planner I, prior to the meeting and will be included as part of the record. 1. CALL TO ORDER — 6:30 PM Lynn Teach called the meeting to order at 6:30 pm. 2. ROLL CALL & PLEDGE OF ALLEGIANCE Those present at roll call: Planning Commission Chair Lynn Teach and Planning Commission Members Jeff Armistead, Michael Boyd, and Tom Priest. Staff Members Present: Town Planner Scot Hunn and Planner I Madison Harris Note: Sage Pierson and Elliot Hovey are absent. 3. APPROVAL OF MINUTES 3.1 January 11, 2023 Motion by Jeff A., second by Michael B., to approve the minutes of January 11, 2023 as presented. Motion passed 4-0. Note: Sage P. and Elliot H. are absent. 4. APPROVAL OF AGENDA Opportunity for amendment or deletions to the agenda. Motion by Jeff A., second by Michael B., to approve the agenda as presented. Motion passed 4-0. Note: Sage P. and Elliot H. are absent. Minturn Planning Commission February 8, 2023 Page 2 of 5 5. DECLARATION OF CONFLICTS OF INTEREST No conflicts of interest. 6. PUBLIC COMMENT Citizens are invited to comment on any item not on the regular Agenda subject to a public hearing. Please limit your comments to five (5) minutes per person unless arrangements have been made for a presentation with the Town Planner. Those who are speaking are requested to state their name and address for the record. No public comment. 7. SPECIAL PRESENTATIONS 8. DESIGN REVIEW AND LAND USE PUBLIC HEARINGS 8.1 146 N Main Street — Minturn Saloon — Reconstruction of Awning Madison H. introduced the project. The property is zoned within the Old Town Character Area - Commercial Zone District. This project will not change impervious surface area or historic building coverage for the property. Per the Applicants letter of intent: "During the current restoration of the Minturn Saloon, it was discovered that the front entry/ front walkway roof was in a dangerous state of disrepair. It posed a significant danger to the general public using the walkway in front of the Saloon. This application is to rebuild said roof in the same character as the original - retaining the slope and appearance of the original but with proper waterproofing and structuring (engineered beams, footings, and connection to building) with the intent that it will not need to be rebuilt in the near future." As part of this process, since 146 N Main Street - Minturn Saloon is designated a Historic Landmark via Ordinance 1 - Series 2023, a Certificate of Appropriateness needed to be applied for and granted by the Historic Preservation Commission. That was granted by the HPC at their regular meeting of January 24, 2023 and ratified by the Town Council on February 1, 2023 with the additional condition that an encroachment agreement be executed before construction of the walkway. Encroachment Agreement 241.01 sq. ft. of this awning exists in the Town Right -of -Way. It covers a portion of sidewalk that people use on a daily basis whether that is people walking from the south side of the Eagle River to the Municipal Lot or school children from Taylor Avenue down to their school bus stop on Main Street. Encroachment agreements are instituted by Ordinance and typically come with a $16.00/sq.ft. annual fee. Council, however, has agreed to waive this fee so long as the public value of an accessible, covered walkway remains for the extent of the encroachment. This awning is proposed to be in the same location as the previous one and built as similarly as possible. This location is shown on the Improvement Survey Plat provided in this packet. Because this is a reconstruction of less than 50% of the valuation of the structure, even though this portion encroaches into the Town ROW and thus violates setbacks, it does not Minturn Planning Commission February 8, 2023 Page 3 of 5 need a variance and Chapter 16, Article 22, the Town's non -conformities section, is not triggered. Issues Improvement Survey Plat The Improvement Survey Plat (also known as a Boundary Survey) that was submitted was done in 2005. Due to the fact that it shows the location of the awning, it is relevant to the Planning Commission's review, however, according to Sec. 16-21-615 of the MMC the requirement is that the survey date must be within five [5] years of the project application date. It is staff's opinion that a condition of approval be set so that an updated Boundary Survey be submitted before building permit issuance. Encroachment Agreement As this was a condition of approval for the Town Council to approve the Certificate of Appropriateness, an encroachment agreement needs to be executed prior to building permit issuance. Staff is recommending approval with conditions. 1. The Applicant shall submit an updated Boundary Survey prior to the issuance of a building permit 2. The Applicant and the Town shall execute an encroachment agreement prior to the issuance of a building permit Scot H. also suggested adding an as built ILC be required. Jordan Kalasnik, Pierce Austin Architects, Representative. They are planning same for same concerning appearances and renovating a dilapidated portion of the structure that was falling down. Public comment opened. No public comment. Public commit was closed. Michael B. asked how far out the roof sticks out from the building. • The answer is 6'4" • Mr. Kalasnik will add a note that this will be same for same Jeff A. asked about the foundation • Mr. Kalasnik said that they would do an open hole foundation and have an engineer take a look at it. Michael B. asked if there is a timeline for the finishing of this work. • Mr. Kalasnik said that it will be built in conjunction with the rest of the improvements. • Michael B. asked if they would put snow clips in place. Minturn Planning Commission February 8, 2023 Page 4 of 5 Tom P. clarified the entrance way. Lynn T. asked if the fireplace is wood burning or gas. • The answer was gas. Jeff A. has a concern about potentially compromising the foundation of the building by digging down in that 5.5' sidewalk area. • Mr. Kalasnik said that they will be able to check without compromising the foundation. Note: Tom P. left the meeting at 6:54 pm. Nick Brechtel, Pierce Austin Architects, Representative. There will be no additional subgrade improvements needed. There will be no building into the ROW further than already encroaching. Motion by Jeff A., second by Lynn T., to approve with conditions 146 N Main Street — Minturn Saloon — Reconstruction of Awning. Motion passed 3-0. 1. The Applicant shall submit an updated Boundary Survey prior to the issuance of a building permit. 2. The Applicant and the Town shall execute an encroachment agreement prior to the issuance of a building permit. 3. An as built ILC will be required once the structure has been built to locate and mark everything that has been built in and out of the ROW. 4. The owner/contractor shall get and submit record of a Utility locate for the entire portion of the building that is in the ROW along the front walkway so that the Town knows where utilities are under that walkway and put that in the encroachment agreement. Note: Sage P., Tom P., and Elliot H. are absent. 9. DISCUSSION / DIRECTION 9.1 Scot H. said that since we have adopted the Community Plan we need to start using it. Also we will likely be spending the next year to update Chapter 16 and Chapter 17. 10. STAFF REPORTS 11. PLANNING COMMISSION COMMENTS Lynn T. asked that we adjust the wording of the DRB application to "Parking: Please describe". Jeff A. thanked Public Works for dealing with all of the snow. 12. FUTURE MEETINGS 12.1 February 22, 2023 12.2 March 8, 2023 Mintum Planning Commission February 8, 2023 Page 5 of 5 13. ADJOURN Motion by Michael B., second by Jeff A. at 7:39 pm. Motion passed 3-0. Note: Sage P., Elliot H, and Tom P. are 1(-4 Lyrm T -a h, Commission Chair ATTEST: , to adjourn the regular meeting of February 8, 2023 excused absent. Scot Hunn, Planning Director