HomeMy Public PortalAboutPCM 2012-11-14 FRASER PLANNING COMMISSION
MINUTES
DATE: Wednesday November 14, 2012
MEETING: Planning Commission Special Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Commission: Commissioners: Chair Jean Wolter, Steve Sumrall, Vesta Shapiro, Tim
Hodsdon and Travis Powell
Staff: Town Planner, Catherine Trotter; Town Clerk, Lu Berger
Others: See attached list
Chairperson called the meeting to order at 6:37 p.m.
1. Roll Call:
2. Approval of Agenda: Minutes of May 23, 2012.
Commissioner Hodsdon moved, and Commissioner Shapiro seconded the motion to
approve the Agenda. Motion carried: 5-0.
3. Open Forum:
4. Public Hearing and Action Regarding:
a. Amendments to the Fraser Municipal Code and Zoning Regulations [Restructure
the Board of Adjustment& amend provisions relating to appeals and variances]
Commissioner Shapiro moved, and Commissioner Hodsdon seconded the motion to
open the Public Hearing on Amendments to the Fraser Municipal Code and Zoning
Regulations [Restructure the Board of Adjustment& amend provisions relating to
appeals and variances]. Motion carried: 5-0.
Proof of publication was entered into the record.
On February 1, 2012, the Fraser Town Board enacted an ordinance that codified
changes to the Fraser Sign Code. At this public hearing, we heard from many Fraser
businesses who expressed frustration with the Town for not consistently enforcing the
sign code.
This opened the door to a myriad of issues relating to code enforcement. We formed a
code enforcement committee and researched our options. The sign code is part of the
zoning regulations and in terms of due process, an alleged violator is allowed the
opportunity to appeal to the Board of Adjustment(BOA). So, people dissatisfied with
any enforcement order or interpretation made by an administrative official pursuant to
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the Town's zoning regulations currently makes an appeal to the Board of Adjustment.
Staff and the committee had concerns about the composition of the current BOA and
questioned whether that Board is up to the task of effectively handling appeals of
enforcement orders regarding sign code violations and/or other violations under the
zoning regulations. The main reason for our concern is that the BOA meets as needed
and as such they sometimes struggle with effective meeting format and management.
They meet so infrequently (sometimes every other year!) that it is difficult to become
proficient with the BOA processes.
In September 2012, we had a joint Planning Commission/Town Board workshop on the
proposed plan to restructure the Board of Adjustment and have the Planning
Commission take on the additional role of the Board of Adjustment. The PC seemed to
be in agreement to move forward with this plan. Therefore, staff is proposing to amend
the Fraser Municipal Code and Zoning Regulations to restructure the Board of
Adjustment by making Planning Commission members ex-officio members of the Board
of Adjustment, adopting changes to the procedures and standards for appeals and
variance applications to the Board of Adjustment, and making other conforming
amendments to the Municipal Code.
Attached is a markup version of the draft code revisions highlighting the changes made
based on the discussion in September. The Town Board has a public hearing scheduled
for December 5th, 2012. The TB will need to adopt an ordinance amending the Code
revisions. In addition, there will be 2 resolutions that need to be adopted approving the
BOA rules. The TB will adopt its resolution when the ordinance is adopted and the
restructured BOA will adopt its resolution at its first meeting, after the TB adopts the
ordinance and the resolution.
Commissioner Sumrall moved, and Commissioner Shapiro seconded the motion to
close the Public Hearing on Amendments to the Fraser Municipal Code and Zoning
Regulations [Restructure the Board of Adjustment& amend provisions relating to
appeals and variances]. Motion carried: 5-0.
Commissioner Hodsdon moved, and Commissioner Powell seconded the motion to
recommend approval of the Amendments to the Fraser Municipal Code and Zoning
Regulations [Restructure the Board of Adjustment& amend provisions relating to
appeals and variances]with the clarification in 2-6-40. Motion carried: 5-0.
5. Discussion and Possible Action Regarding:
a. Recommend approval of the Three Mile Plan
According to Colorado State Statutes, the Town of Fraser needs to update the Three
Mile Plan annually. The Three Mile Plan is a component of the 2010 Town of Fraser
Comprehensive Plan. Included in the packet are pages 56-58 of the 2010
Comprehensive Plan (Three Mile Plan). Staff is recommending that the PC approve the
annual update to the Three Mile Plan.
Commissioner Sumrall moved, and Commissioner Shapiro seconded the motion to
recommend approval of the Three Mile Plan. Motion carried: 5-0.
6. Adiourn
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Commissioner Shapiro moved, and Commissioner Hodsdon seconded the motion to
adjourn. Motion carried: 5-0. Meeting adjourned at 7:35 p.m.
Lu erger, To n CIe
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