AGENDA Laramie Planning Commission Monday, February 8, 2021 at 4:30 PM City Council Chambers, City Hall 406 Ivinson Avenue, Laramie, WY

The Planning Commission meetings are open to the public. Requests from person with disabilities must be made to the Planning Division 24 hours in advance of the meeting.

NOTE: As a temporary public health measure and due to the current State Mandate related to the COVID-19 pandemic public gathers have been limited. The City has established the capability for members of the public to access the meeting remotely either through video conference technology or by phone. The information can be found below:

Join Zoom Meeting

https://zoom.us/j/713514851?pwd=aGhXNkNQeXZOTnRrUFRXTjhxYjZ3QT09

Meeting ID: 713 514 851 Password: 648198

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Meeting ID: 713 514 851

Find your local number: https://us02web.zoom.us/u/keouQoXOM

1. Call To Order/Roll Call

2. Approval Of Agenda And Minutes

2.A. Changes And Approval Of Agenda

2.B. Planning Commission Meeting Minutes

2.B.i. LPC Minutes 1.25.2021

Documents:

LPC Minutes 1-25-2021.Pdf

3. Citizen Comments - Non-Agenda Related Topics – No Action Can Be Taken

4. Planning Commission And Staff Reports And Comments

5. Disclosures – Ex-Parte Communications; Potential Conflicts Of Interest

6. Current Planning Projects

6.A. Old Business:

6.B. New Business:

6.B.i. Training Presentation - Nuisance Class

Documents:

Nuisance Class Full Packet.pdf

6.B.ii. Training Presentation - Open Meetings/Roberts Rules

Documents:

Open Meeting Act Roberts Rules 2017 AJ.pdf

7. Long Range Planning Projects

8. Variances (Sitting As Board Of Adjustment) (Swearing in of witnesses)

8.A. VAR-20-10: 555 General Brees Road – Sign Variance (Location And Type) FILE: VAR-20-10: 555 General Brees Road – Sign Variance (Location and Type) REQUEST: A Variance Request from the requirements of LMC 15.14.120.C.1.b and 15.14.120.C.3.f and 15.14.120.B.28 to allow for a sign to be located within City of Laramie right-of-way and for non-monument style directional signage in the AE (Airport Enterprise) Zoning District. LOCATION: 555 General Brees Road APPLICANT(S): Adam Acree (Applicant w/Javiation) & Jack Skinner (Laramie Regional Airport Board) OWNER: Adam Acree (Applicant w/Javiation) & Jack Skinner (Laramie Regional Airport Board) PURPOSE: To allow a monument sign to be located within City right-of-way near the intersection of General Brees Road and HWY 130 and to allow for on-site directional signage to be of a non-monument style. CURRENT ZONING: AE (Airport Enterprise Zone) PREPARED BY: Derek Teini, AICP, Planning Manager

Documents:

VAR-20-10 Staff Report FULL.pdf

9. Adjourn AGENDA Laramie Planning Commission Monday, February 8, 2021 at 4:30 PM City Council Chambers, City Hall 406 Ivinson Avenue, Laramie, WY

The Planning Commission meetings are open to the public. Requests from person with disabilities must be made to the Planning Division 24 hours in advance of the meeting.

Join Zoom Meeting

https://zoom.us/j/713514851?pwd=aGhXNkNQeXZOTnRrUFRXTjhxYjZ3QT09

Meeting ID: 713 514 851 Password: 648198

One tap mobile

+13462487799,,713514851# US (Houston)

+16699009128,,713514851# US (San Jose)

Dial by your location

+1 346 248 7799 US (Houston)

+1 669 900 9128 US (San Jose)

+1 253 215 8782 US (Tacoma)

+1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York)

+1 301 715 8592 US (Germantown)

Meeting ID: 713 514 851

Find your local number: https://us02web.zoom.us/u/keouQoXOM

1. Call To Order/Roll Call

2. Approval Of Agenda And Minutes

2.A. Changes And Approval Of Agenda

2.B. Planning Commission Meeting Minutes

2.B.i. LPC Minutes 1.25.2021

Documents:

LPC Minutes 1-25-2021.Pdf

3. Citizen Comments - Non-Agenda Related Topics – No Action Can Be Taken

4. Planning Commission And Staff Reports And Comments

5. Disclosures – Ex-Parte Communications; Potential Conflicts Of Interest

6. Current Planning Projects

6.A. Old Business:

6.B. New Business:

6.B.i. Training Presentation - Nuisance Class

Documents:

Nuisance Class Full Packet.pdf

6.B.ii. Training Presentation - Open Meetings/Roberts Rules

Documents:

Open Meeting Act Roberts Rules 2017 AJ.pdf

7. Long Range Planning Projects

8. Variances (Sitting As Board Of Adjustment) (Swearing in of witnesses)

Documents:

VAR-20-10 Staff Report FULL.pdf

9. Adjourn AGENDA Laramie Planning Commission Monday, February 8, 2021 at 4:30 PM City Council Chambers, City Hall 406 Ivinson Avenue, Laramie, WY

The Planning Commission meetings are open to the public. Requests from person with disabilities must be made to the Planning Division 24 hours in advance of the meeting.

Join Zoom Meeting

https://zoom.us/j/713514851?pwd=aGhXNkNQeXZOTnRrUFRXTjhxYjZ3QT09

Meeting ID: 713 514 851 Password: 648198

One tap mobile

+13462487799,,713514851# US (Houston)

+16699009128,,713514851# US (San Jose)

Dial by your location

+1 346 248 7799 US (Houston)

+1 669 900 9128 US (San Jose)

+1 253 215 8782 US (Tacoma)

+1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York)

+1 301 715 8592 US (Germantown)

Meeting ID: 713 514 851

Find your local number: https://us02web.zoom.us/u/keouQoXOM

1. Call To Order/Roll Call

2. Approval Of Agenda And Minutes

2.A. Changes And Approval Of Agenda

2.B. Planning Commission Meeting Minutes

2.B.i. LPC Minutes 1.25.2021

Documents:

LPC Minutes 1-25-2021.Pdf

3. Citizen Comments - Non-Agenda Related Topics – No Action Can Be Taken

4. Planning Commission And Staff Reports And Comments

5. Disclosures – Ex-Parte Communications; Potential Conflicts Of Interest

6. Current Planning Projects

6.A. Old Business:

6.B. New Business:

6.B.i. Training Presentation - Nuisance Class

Documents:

Nuisance Class Full Packet.pdf

6.B.ii. Training Presentation - Open Meetings/Roberts Rules

Documents:

Open Meeting Act Roberts Rules 2017 AJ.pdf

7. Long Range Planning Projects

8. Variances (Sitting As Board Of Adjustment) (Swearing in of witnesses)

Documents:

VAR-20-10 Staff Report FULL.pdf

9. Adjourn MINUTES CITY OF LARAMIE, WYOMING LARAMIE PLANNING COMMISSION JANUARY 25, 2021

1. CALL TO ORDER

Meeting was called to order by Chair Polk at 4:30 p.m.

Members present: Maura Hanning, Jim McGrath, Barry Nelson, Jake Schneider, Evan Townsend, Katherine Kasckow, and Shannon Polk (Chair). Members absent: None. Council Liaison: Brian Harrington (absent) Staff Present: Derek Teini, Planning Manager; Matthew Cox, Associate Planner; and Ryan Shoefelt, Deputy City Clerk.

2. APPROVAL OF AGENDA AND MINUTES

2.A. Changes and Approval of Agenda

MOTION BY HANNING, seconded by Townsend, that the Agenda was approved as presented.

MOTION CARRIED by voice vote.

2.B. Planning Commission Meeting Minutes 2.B.i. LPC Minutes 1.11.2020

MOTION BY TOWNSEND, seconded by Hanning, to approve the minutes from January 11, 2020.

MOTION CARRIED by voice vote.

3. CITIZEN COMMENTS - Non-Agenda Related Topics – No Action Can Be Taken None.

4. PLANNING COMMISSION AND STAFF REPORTS AND COMMENTS Teini- Next meeting two trainings for open meetings and nuisance abatements.

5. DISCLOSURES - Ex-parte communications; potential conflicts of interest None.

6. CURRENT PLANNING PROJECTS

6.A. OLD BUSINESS: No items.

6.B. NEW BUSINESS: 6.B.i. Submittal Schedules 2021

MOTION BY SCHNEIDER, seconded by Townsend, to approve the 2021 Planning Submittal Schedules.

MOTION CARRIED by voice vote.

Page 1 of 3 MINUTES CITY OF LARAMIE, WYOMING LARAMIE PLANNING COMMISSION JANUARY 25, 2021

6.B.ii. TA-20-04 Financial Security Options

MOTION BY TOWNSEND, seconded by McGrath, to recommend that the City Council approve amendments to LMC 15.18.030.C – Financial Security & 15.18.070 – Reduction of Security for Public Improvements as shown in Attachment A.

Roll call showed Aye: Hanning, McGrath, Nelson, Schneider, Townsend, Kasckow, and Polk. Nay: None. Absent: None. MOTION CARRIED.

7. LONG RANGE PLANNING PROJECTS No items.

MOTION BY MCGRATH, seconded by Hanning, to adjourn as Planning Commission and reconvene as Board of Adjustment.

MOTION CARRIED by voice vote.

Planning Commission adjourned at 5:11 pm. Board of Adjustment convened at 5:11 pm.

8. VARIANCES (sitting as Board of Adjustment) (Swearing in of witnesses.)

8.A. VAR-20-09: 2900 Sheridan Street – A Variance Request from LMC 15.06.060.D.3 Lapse of Approval

MOTION BY SCHNEIDER, seconded by McGrath, to approve the requested variance from Laramie Municipal Code 15.06.060.D.3 Lapse of Approval to allow for a time extension related to an approved Variance (VAR-19-02), allowing an extension to the originally approved condition #4 “4. The owner shall complete construction and be issued a certificate of occupancy for the single-family home by January 1, 2021.” modifying the condition to state, “The owner shall complete construction and be issues a certificate of occupancy for the single-family home by January 1, 2022.

MOTION CARRIED by voice vote.

9. ADJOURN

MOTION BY MCGRATH, seconded by Townsend, to adjourn the meeting.

MOTION CARRIED by voice vote.

Meeting adjourned at 5:21 p.m.

Page 2 of 3 MINUTES CITY OF LARAMIE, WYOMING LARAMIE PLANNING COMMISSION JANUARY 25, 2021

APPROVED:

Shannon Polk, Planning Commission Chair Date

Derek Teini, Planning Manager Date

Page 3 of 3

City of Laramie

Planning Division Planning Division: (307) 721-5207 P.O. Box C Fax: (307)721-5248 Laramie, WY 82073

February 8, 2021

To: Members of the Laramie Planning Commission

RE: Overview of nuisance abatement process

The Laramie Planning Commission acts as the Board of Appeals when someone properly files for an appeal related to a nuisance violation. The packet I have prepared for you consists of materials to assist you while I deliver a brief presentation on the nuisance abatement process (including the appeal process).

The materials are numbered at the bottom of the pages from 1 to 15. I will cover the material in sequence of page order. Please ask any questions you find relevant during the presentation.

The presentation normally lasts approximately 25 to 40 minutes.

There have been changes to the applicable municipal code sections as of September 1, 2020.

If you have any questions, you may contact me by telephone by dialing (307) 721-5285 or by emailing [email protected].

Brian Forster City of Laramie Code Enforcement Inspector

1 NUISANCE OVERVIEW

Packet contents should be in the following order:

1. Cover letter 2. Packet contents 3. 8.32.170 Definitions (Front & Back) 4. 8.32.180 Abatement definitions 5. Snow removal ordinance 6. Offensive growth ordinance 7. Courtesy letter dated February 16, 2019 8. Violation letter dated March 1, 2019 9. 8.32.200 Abatement by owner 10. 8.32.190 Notice of violation (Front & Back) 11. 8.32.210 Appeal process 12. 8.32.220 Abatement by the city 8.32.260 Emergency abatement 13. 8.32.230 Appeal of charges 14. Billing letter dated May 1, 2019 15. Statement of charges

2 NUISANCE OVERVIEW

8.32.170 Junked vehicles and junk.

A. Definitions. For the purposes of this chapter, the following words and phrases shall have these meanings:

1. "Junk" means and includes any items which have been discarded, disassembled, dilapidated, abandon, or are not able to be used for their originally intended purpose or function. These items include, but are not limited to, scrap metal, wood, construction materials, yard waste, furniture, appliances and any item the city manager determines to be a nuisance under this section.

2. "Junked vehicle" means any motor vehicle as defined in subsection (A) of this section and tow-behind trailer which is wrecked, junked, dismantled, partially dismantled, inoperative, abandoned, unregistered or discarded or is unable to perform the function or purpose for which it was originally constructed.

3. "Motor vehicle" means any vehicle originally designed or constructed to be self- propelled, regardless of whether it contains an engine at any other time, including, without limitation, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies, and other off-road vehicles.

4. "Unsheltered" means located outside a garage or other building and visible from any public street, alley, sidewalk or right-of-way or any adjoining piece of property from ground level. Items stored entirely within an enclosed garage, covered or completely shielded by a fence and not visible from the street or other public or private property shall be considered to be sheltered whether or not the garage doors or fence are open from time to time.

B. Violation—Unsheltered Junked Vehicle. Except for the exceptions herein, any person who stores or maintains any unsheltered junked vehicle or any person who owns private property upon which an unsheltered junked vehicle is stored or maintained, or upon any other location specified by this chapter within the city shall be deemed the author of a nuisance. Such storage or maintenance of any unsheltered junked vehicle is declared to be a nuisance.

C. Exceptions to Unsheltered Junked Vehicle.

1. A person may store or maintain no more than one unsheltered junked vehicle covered with a fitted car cover commercially manufactured for that purpose and in good condition upon a lot, tract, or other individual property within the city.

2. This section does not apply to vehicle storage incident to an automobile sales, towing, storage or repair business licensed in such and operated in compliance with all applicable law.

3. This section does not apply to storage by governmental entities in compliance with applicable law.

3 NUISANCE OVERVIEW

D. Violation—Junk. Any person who stores or accumulates any unsheltered junk or any person who owns private property upon which unsheltered junk is stored or accumulated or upon any other area specified by this chapter within the city shall be deemed the author of a nuisance. Such storage or accumulation of any unsheltered junk is declared to be a nuisance.

E. Exceptions to Unsheltered Junk.

1. This section does not apply to the storage of junk incident to a lawful business licensed in junk and operated in compliance with all applicable law;

2. Any development site that has an active building or site plan permit;

3. This section does not apply to storage by governmental entities in compliance with applicable law.

F. Nuisances Not Exempt. Nothing in this section shall be construed to permit storage of junked vehicles or junk to be conducted in a manner which constitutes a public or private nuisance under other provisions of this code or other applicable law. This section does not preempt, require, or prevent civil actions by the city or private citizens to abate nuisances.

G. A person may apply to the city manager or the city manager's designee for an extension of up to six months within which to construct a shelter for junked vehicles or junk. The application shall be in writing and shall provide all information requested by the city manager or city manager's designee. Based upon the recommendations of city code enforcement, city police department or city fire department and that the applicant has made a good faith attempt to construct a shelter for junked vehicle(s) or junk, the city manager or the city manager's designee may issue an extension within which to construct the shelter provided for under this section.

1. The application may be made at any time within ten days after the city has given a notice to abate nuisance to the applicant under this chapter. Enforcement proceedings are suspended until the city manager has made a decision concerning the application. If the city manager does not permit the exception applied for, the applicant may appeal to the city board of adjustment or any other city board designated by the city council from the notice to abate nuisance within ten days following the denial of an exception.

2. No person shall have more than one extension for any location owned or controlled by him. The extension is personal. It applies to the vehicles or junk described in the application at the location applied for, is not transferable, and does not run with the land.

3. Any authority granted to the city manager in this chapter extends to the city manager's designee.

3 NUISANCE OVERVIEW

8.32.180 - Abatement—Definitions.

As used in this chapter:

1. "Abate" or "abatement" means the action taken to remove or alleviate a nuisance, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property.

2. "Board of appeals (board of adjustment)" shall mean the board designated by the city council as the proper board to hear appeals concerning this chapter on nuisances and associated matters.

3. "City manager" shall include the position of city manager and such designated positions as are employed thereby for the enforcement of the Municipal Code, or those individuals that are otherwise designated by the city manager to perform those functions.

4. "Notice of violation" shall mean that written notice prepared by the city to provide notice to individuals determined to be responsible for a public nuisance, or requiring notice of such due to their position, of that public nuisance and the steps deemed necessary to correct such nuisance.

5. "Nuisance" or "public nuisance" means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located or promotes urban blight and deterioration, or invites plundering, or creates fire hazards, or constitutes an attractive nuisance creating a hazard to the health and safety of minors, or creates a harborage for vermin, or to be injurious to the health, safety and general welfare of the public. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any nuisance declared in this chapter or municipal code and any item defined as "junk" or "junked vehicles."

6. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights and duties.

7. "Occupier" shall mean that person(s) actually occupying the property.

8. "Owner" or "property owner" shall mean that person(s) shown in Albany County tax records to be the recorded owner of the property. In the case of a landlord-tenant situation, regardless of any written lease, the owner shall be solely liable for any violation maintained on the real property or other locations specified by this chapter. the real property or other locations specified by this chapter.

4 12.08.020 - Snow, ice and debris—Removal from sidewalks.

All persons shall keep the sidewalks in front of and adjacent to the tenements or grounds owned by them clear of obstructions such as snow, ice, mud, dirt, rubbish or filth. All obstructions may be treated as nuisance violations and may be abated in accordance with Section 8.32.260, emergency abatement, of Laramie Municipal Code. Following any accumulation of snow, such persons shall cause the snow or ice to be removed from sidewalks by ten a.m. the following day. For any accumulation of snow or ice a minimum forty-two inch path or the entire sidewalk, including any ADA features must be cleared, whichever is less. For purposes of this section, adjacent sidewalks also include sidewalks crossing the alley up to the center line of the alley and any midblock sidewalk up to the centerline of the sidewalk.

If the obstruction is not cleared in accordance with Section 12.08.020, snow, ice and debris—removal from sidewalks, of Laramie Municipal Code, the city manager's designee shall post a violation notice in a conspicuous place on the offending property and the owner shall have until ten a.m. the following day to remove the obstruction. If the obstruction is not removed by ten a.m. the following day, the city manager's designee may hire a contractor to remove the obstruction in accordance with section 8.32.260, emergency abatement, of Laramie Municipal Code. For all violations of this section, the owner shall be charged the contractor's fee plus a fee of one hundred dollars or fifty percent of the contractor's fee, whichever is greater.

NUISANCE OVERVIEW

8.28.020 - Dead trees or limbs and offensive growth—Public nuisance violation.

The existence of offensive dead trees or limbs, weeds, long grass, or other rank growth on developed and undeveloped parcels which endanger safety and health, are offensive to the senses, are a threat to safety, obstruct street or sidewalk traffic, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property, constitutes a public nuisance violation specific to this chapter of the municipal code.

8.28.030 - Duty to remove dead trees and limbs and offensive growth.

A. Developed Parcel. It shall be the duty of every owner or occupier of a developed parcel to cut, destroy or remove, or cause to be cut, destroyed or removed, all dead trees or limbs and all weeds, long grass, or other rank growth having reached a height in excess of six inches growing thereon, and upon one- half of any road, street or alley abutting this property.

C. Traffic Hazards. It shall be the duty of every owner or occupier of a developed or undeveloped parcel to remove dead trees or limbs and offensive growth which obstructs street or sidewalk traffic. All dead trees or limbs and all offensive weeds, long grass, or other rank growth in developed and undeveloped areas shall also comply with and be subject to all requirements imposed under this code including Chapter 12.16.

City of Laramie

Planning Division Planning Division: (307) 721-5207 P.O. Box C Fax: (307)721-5248 Laramie, WY 82073

February 18, 2019

F. Krueger 1428 Elm Street Laramie, Wyoming 82072

Dear property owner,

I inspected your property located at 1428 Elm Street in Laramie, Wyoming, on February 18, 2019, and found that nuisance violations as described in Section 8.32.180 in the Laramie Municipal Code exist on your property. The violations consist of assorted discarded wood, metal, and plastic items including a refrigerator, scrap lumber, automobile parts, carpet, building materials, a metal oxygen tank, and various other unused items.

To comply with Section 8.32.200 of the Laramie Municipal Code, you must remove or properly store the items described above.

If you have any questions, you may contact me by telephone by dialing (307) 721-5285 or by emailing [email protected].

Brian Forster City of Laramie Code Enforcement Inspector

City of Laramie

Planning Division Planning: (307) 721-5207 P.O. Box C Fax: (307)721-5248 Laramie, WY 82073

March 1, 2019

F. Krueger 1428 Elm Street Laramie, Wyoming 82072

Dear Property Owner,

I inspected your property located at 1428 Elm Street in Laramie, Wyoming, on March 1, 2019, and found that nuisance violations as described in Section 8.32.180 in the Laramie Municipal Code exist on your property. The violations consist of assorted unused wood, metal, and plastic items including a refrigerator, scrap lumber, automobile parts, carpet, building materials, a metal oxygen tank, and various other unused items.

To comply with Section 8.32.200 of the Laramie Municipal Code, you must remove or properly store the items described above by no later than March 16, 2019.

If these nuisance violations are not corrected by March 16, 2019, the City of Laramie intends to abate the nuisances by hiring a contractor and billing you (the property owner) for the expenses incurred plus an administrative fee of $100.00 or one-half of the contractors fee, whichever is higher. If you fail to pay the fees by the prescribed date, the City of Laramie will pursue collecting the funds by either hiring a collection agency or by placing a lien against your property.

If you believe that no nuisance violations exist on your property, you may request a hearing before the City Board of Appeals by filing a written request with the Clerk of the Board of Appeals at 405 Grand Avenue, P. O. Box C, Laramie, WY, 82073, by March 16, 2019. The hearing, at which you may be represented by legal counsel, will be scheduled for the next prescheduled meeting or will be set for a special hearing date.

In addition to abatement requirements, each day of a continuing nuisance is a separate violation and the City of Laramie may impose a fine of up to $750 for each violation, pursuant to Section 1.28.010 of the Laramie Municipal Code.

If you have any questions, you may contact me by telephone by dialing (307) 721-5285 or by emailing [email protected].

Brian Forster City of Laramie Code Enforcement Inspector

8 NUISANCE OVERVIEW

8.32.200 - Abatement by owner. A. Upon receipt of the notice as specified in Section 8.32.190(A)(3), the owner of the property shall abate the nuisance, and provide proof thereof to the city manager, within the fifteen days period specified in the notice of violation. B. In the event that the owner is unable to complete the abatement within the prescribed period of time, but has undertaken substantial steps toward abatement, the city manager may grant an extension of the specified period of abatement for not more than an additional sixty days, subject to such conditions as may be specified by the city manager. 1. Any extension of time shall be in writing, as shall be any conditions imposed thereon. 2. No more than one extension shall be granted.

8 NUISANCE OVERVIEW

8.32.190 - Notice of violation.

A. Notice.

1. If, after inspection of the premises, the city manager determines that a public nuisance exists, a notice of violation shall be served upon the owner or the occupier of the property in one or more of the following ways: i. Personal service by the city manager, or his designee; or ii. Posting a copy of the notice in some conspicuous place on the offending property; or iii. Certified mail, electronic return receipt requested, signature required, to the address on file with the Albany County Assessor for tax purposes; or iv. In the event that service cannot be perfected by any of the above listed methods, then notice of the violation, and the contents thereof, shall be published in a newspaper of general circulation in the community one time per week for two consecutive weeks, and shall cause a copy of the notice to be conspicuously posted on the property, or left with any occupier of the property. In the event that notice is left with the occupier of the property, notice shall be sent via certified mail to the owner also.

2. The notice of violation shall contain not less than the following information: i. The address of the offending property. ii. The name of owner as disclosed in the tax records of Albany County, Wyoming, or otherwise recorded. iii. The date of the inspection of the property.

10 NUISANCE OVERVIEW iv. A statement which clearly and concisely describes the nuisance that was observed on the property, including a brief description of any vehicle which might be considered to be a part of the violation. v. A statement of remedial action required to correct the violation on a permanent basis. Alternative actions may be listed as well. vi. The date by which the remedial action must be taken in order to comply with the notice. The date of remedial action required shall be not less than fifteen days from the date of delivery of the notice, except in cases of emergency and summary abatement. vii. The possible consequences of failure to comply with the notice of violation by the date contained therein. viii. The right of the owner to request a hearing before the board of appeals (board of adjustment) if the owner does not believe a nuisance exists, and the date before which the written request for hearing must be received by the municipal clerk. There shall also contain a brief statement of the appeals process and contact persons with associated addresses and telephone numbers.

3. Receipt of service of the notice shall be deemed completed upon delivery by personal service, by mailing of the certified letter plus three days, or upon the publication of the notice for the first time in the newspaper.

B. Each day of a continuing nuisance is a separate violation, subject to general penalty in accordance with Section 1.28.010, and may be separately noticed to the property owner.

10 NUISANCE OVERVIEW

8.32.210 - Appeal process; hearing.

A. The owner or occupant of property who has been served with a notice of violation pursuant to this chapter may, within fifteen days from the date of service as defined in Section 8.32.190(A)(3), may submit a written demand to the planning division for a hearing before the board of appeals (board of adjustment) on the question of whether a nuisance exists. If no appeal is filed within that period, the appeal shall be deemed waived.

B. Upon filing of a written notice of appeal, the matter shall be placed on the agenda of the next regularly scheduled meeting of the board of adjustment no later than thirty calendar days after the notice of appeal has been filed. The board of appeals (board of adjustment) may hear the appeal at its regular meeting or set a special hearing date, at its discretion.

C. The hearing shall be scheduled and conducted by the board of appeals (board of adjustment) pursuant to the procedures contained within Municipal Code Section 1.20.010 et seq., including maintaining an audio or video with audio transcript of the proceeding.

D. The alleged violator shall be given the opportunity to appear, with counsel if desired, and may present evidence at the hearing.

1. The burden shall be on the city to prove the existence of a nuisance by substantial evidence.

2. All relevant and reliable evidence shall be admitted by the board of appeals (board of adjustment).

E. After hearing the evidence and argument in the matter, the board of appeals (board of adjustment) shall make a finding as to the existence of a nuisance, and may make findings as to the abatement procedure proposed by the city or the alleged violator, the costs to be allocated to the parties if such has been abated by the city prior to the hearing and the time in which such abatement will be completed by the alleged violator, if not completed by the time of the hearing. If a nuisance is found to exist, the time for completion allowed by the board of appeals (board of adjustment) shall not exceed sixty days from the date of the final order.

11 NUISANCE OVERVIEW

8.32.220 - Abatement by the city.

A. In the event that a public nuisance is not abated during the period of time established in the notice of violation, an extension of time given by the city manager, or the time established by the board of appeals (board of adjustment) after hearing, then the city shall have the right to enter the property and abate the public nuisance found thereon. The abatement shall be in accordance with the proposal specified in the notice of violation, or such other means as is found to be reasonable at the time of abatement. The city shall make an effort to abate the nuisance at the least destructive or intrusive manner as is reasonable under the circumstances.

B. The city shall be entitled to employ private contractors to assist in the abatement of the public nuisance. If private contractors are utilized, the city shall impose a fee of one hundred dollars or fifty percent of the contractor's fee, whichever is greater, on the offending property owner.

8.32.260 - Emergency abatement.

If any nuisance exists in such a condition so menacing to the public health, peace or safety that it is necessary that it be summarily abated, the city manager, planning division, or designee may proceed to abate the nuisance without notice or hearing. The determination of costs, notice of assessment and an appeal of charges for an emergency abatement shall be subject to the provisions of Section 8.32.230.

12 NUISANCE OVERVIEW

8.32.230 - Costs of abatement; notice of assessment; appeal of charges.

A. After compilation of the costs and charges incurred by the city for the abatement of the public nuisance, the city shall mail by certified mail to the owner of the property a statement of the outstanding balance owed by the owner to the city for the nuisance abatement. Such balance shall be due and owing not more than thirty days following the mailing of the notice. The statement shall also include a statement of the rights of the owner to appeal such amounts as have been expended on the abatement of the nuisance within ten business days of the date of mailing.

B. If the owner of the property wishes to contest the amount that was expended on the nuisance abatement, the owner may file a written notice of appeal, in person or by certified mail, to the planning division for a hearing before the board of appeals (board of adjustment) within ten business days from the date of mailing of the statement of charges. If no appeal is filed within that period, the appeal shall be deemed waived and the statement amount shall be immediately due and owing to the city.

C. Upon filing of a written notice of an appeal of the amount owed, the matter shall be placed on the agenda of the next regularly scheduled meeting of the board of appeals (board of adjustment) no later than thirty calendar days after the notice of appeal has been filed. The board of adjustment may hear the appeal at its regular meeting or set a special hearing date, at its discretion.

D. If payment in full is not received by the city within ten business days from the time the statement became final, then such may be entered as a lien against the property and filed with Albany County Clerk of Record or may be filed with a collection agency.

E. No entitlement for the property may be issued under Title 15 of Laramie Municipal Code unless all payments have been paid in full. An entitlement issued in violation of Title 15 is void.

City of Laramie

Code Administration Code Administration: (307) 721-5271 P.O. Box C Fax: (307)721-5248 Laramie, WY 82073

May 1, 2019

F. Krueger 1428 Elm Street Laramie, Wyoming 82072

Dear Property owner,

The enclosed page is a bill for the service of removing nuisance items from your property located at 1428 Elm Street in Laramie, Wyoming on April 12, 2019. The items removed constituted nuisance violations according to Section 8.32.180 of the Laramie Municipal Code.

If you wish to contest the amount expended on the nuisance abatement, you may file a written notice of appeal with the Clerk of the Board of Appeals (Board of Adjustment) at 405 Grand Avenue, P. O. Box C, Laramie, WY 82073, either in person or by certified mail by no later than May 16, 2019. If you do not file an appeal by the due date, your right to appeal will be deemed waived and the statement amount shall be immediately due and owing the City.

The payment instructions are included on the enclosed billing document. The payment is due on June 4, 2019. If you have any questions, you may contact me by email at [email protected], by telephone by dialing (307) 721-5285, or in person at 405 Grand Avenue in Laramie, Wyoming.

Brian Forster City of Laramie Code Enforcement Inspector

Enclosure: Statement of Account

14 Statement of Account

Phone: (307) 721-5324 Fax: (307)721-5211

DATE: 4/30/19 TO: F. KRUEGER 1428 ELM STREET LARAMIE WYOMING 82072

CUSTOMER NUMBER: 1059/128784 TYPE: NU – NUISANCE ------CHARGE DATE DESCRIPTION REF NUMBER Due Date TOTAL AMOUNT ------

0/00/00 BEGINNING BALANCE NUIS 4/30/19 Nuisance Abatement 13316 5/30/2019 $600.00 1428 ELM STREET TOM’S ODD JOBS INVOICE #65984 4/12/19 JUNK REMOVAL $400.00 PLUS $200.00 ADMINISTRATIVE FEE TOTAL CHARGES BILLED TO PROPETY OWNER: $600.00

------CURRENT OVER 30 OVER 60 OVER 90 ------$600.00

DUE DATE: 5/30/19

PLEASE DETATCH AND SEND THIS COPY WITH REMITTANCE

DATE: 4/30/19 DUE DATE : 5/30/19 NAME: F. KRUEGER CUSTOMER NUMBER: 1059/128784 TYPE: NU – NUISANCE

REMIT AND MAKE CHECK PAYABLE TO: City of Laramie P. O. Box C Laramie WY 82073 (307) 721-5222 TOTAL DUE: $600.00

Violation Process Identify a violation

Violation not Send courtesy Violation corrected letter corrected

Violation Close file Send violation corrected letter

Appeal of nuisance filed Appeal approved Violation not corrected Appeal denied

Abatement Violation deadline set corrected Abate Violation Appeal of cost Appeal Close file filed approved

Appeal denied New dollar Bill property amount owner assigned

Owner does not pay Owner pays

Close file Assign to collections BOARDS & COMMISSIONS CITY OF LARAMIE, WYOMING Wyoming Public Records and Open Meetings Acts

Last date revised: January 11, 2018 Opening Meetings Act Purpose

• The Open Meetings Act and Public Records Act exist to assure TRANSPARENCY. • It helps to indemnify you and the City of Laramie of liability by adhering to proper conduct and procedures. Board Member’s Power

• All boards and commissions members are voluntary and uncompensated positions that serve the City as part of an important decision-making structure, and have official contact with the public. • Members must display professionalism, appropriate demeanor, and exercise sound judgment. Board Speaks As One

• Individual board members cannot speak for the Board or Commission - except in specific, limited, and predetermined cases. • Do not speak board business on an individual basis. • Do not offer individual opinions. • Encourage individuals to write the staff liaison or come to the next meeting. This provides all members of the Board or Commission with the same information. Open Meetings Act

• WY § requires all meetings be open to public. • Serve in an advisory capacity; final results enacted by a Resolution of Council – to conduct public business. • “Open” – notice of date, time, location, and set agenda. • Public in attendance aren’t required to state name or sign in, as they do in City Council meetings. • However, it is recommended the chair of board require speaker to state name and affiliation. • Must keep minutes of proceedings. Open Meetings Act (continued)

✓“Meeting” definition by WY § • an assembly of at least a quorum of the Board.(No action can be taken without a quorum.) • which has been called by proper authority of the Board. • for the purpose(s) of

• discussion

• deliberation

• presentation of information, or

• taking action regarding public business; Open Meetings Act (continued)

✓ “Action” definition by WY §; • Any transaction of official business of the board or commission, including:

• a collective decision of the Board,

• a collective commitment or promise by the Board,

• making a (positive or negative) decision, or

• an actual vote by the Board upon a motion, proposal, resolution, regulation, rule, order or ordinance; Open Meetings Act (continued)

• AG (Attorney General) ruling: A series of emails falls under definition of “sequential communications.” (A series of individual communications. Suggest that the topic be raised at the next meeting.) • Not Recommended ― to prevent the possible circumvention of the intent of the open meetings statute. • Includes: social events, emails, texting, or social media and the like. • Never hit “Reply All”. Violations

• Knowingly and intentionally violates the WY §. • Any member of a Board who attends or remains at a meeting where an action is taken, knowing that the action is in violation, can be found liable. • EXCEPTION: unless minutes were taken during the meeting and the member's objections are recorded and made public, or at the next regular public meeting the member objects to the meeting where the violation occurred. • Civil Penalty - punishable upon conviction by a fine of not more than seven hundred fifty dollars ($750.00). Conflicts of Interest

• The following are questions you may want to pose to yourself whenever you perceive you may have a potential conflict.

• If you respond “yes” to any of these questions, it may be advisable to abstain from voting on the matter.

• A member may say “I recuse myself ” from a Board Vote for action or decision in the case of a conflict of interest. However, it can be made formal by a motion and second and members formally recuse the member. Conflicts of Interest (continued)

1. Is your interest direct and immediate, as opposed to speculative and remote? 2. Does your interest provide you a greater benefit or a lesser detriment, than it does for a large or substantial group or class of persons who are similarly situate? 3. Does your interest give any potential appearance of impropriety? Although it may not be necessary to consider the appearance of impropriety in determining an actual conflict of interest, the WY AG suggests this be considered to maintain the public’s confidence in the integrity of lawmakers. Immunity from Legal Liability

• Qualified Immunity – actions while acting within scope of duties. (Provides for legal defense if acting within scope of duties.)

• Erode Immunity – unethical actions or wrongful purpose could lead to exposure to liability. (Intentionally violating due-process rights, equal protection, or acting contrary to legal advice. A legal defense will NOT be provided.) Public Records Act

• Record – WY § definition: any physical or electronic form of information or communication.

• Open to public for inspection by holder of record – generally staff. (Public Records Request)

• Fee to provide duplication/recordings, etc. is set by City Council.

• Civil Penalty – punishable by a penalty of not more than seven hundred fifty dollars ($750.00). The Open Meetings Act (§16.4.401–408) and Public Records Act (§16.4.201–205) exist to

PROVIDE TRANSPARENCY ✓ Transparency = Integrity ✓ Transparency = Accountability ✓ Transparency = Credibility ✓ Transparency = Confidence Parliamentary Procedure

• All Boards and Commissions meetings are conducted according to Robert’s Rules of Order

www.robertsrules.org Robert’s Rules of Order

• Robert’s Rules of Order is a parliamentary procedure to facilitate meetings and keep them organized. • The chair person is elected to run the meetings. • In order to speak you must be acknowledged by the Chair. • The Clerk or designee will help with questions of order. • An agenda is used to keep order of business and required per Open Meetings Act. • All remarks must be directed to the Chair. Making a Motion

• Motions are used to introduce business in a meeting. A main motion must be made before discussion can occur from board or commission members. • When making a motion speak clearly and precisely making sure to include all necessary information for clarity of the motion. • A motion needs a second in order for it to continue. If no second is received the motion dies. State verbally that you second. Making a Motion (continued)

• After motion is made and seconded the Chair should restate for the written and audio recording who made the motion and seconded. (Example: MOTION BY ______, seconded by ______.) • If an amendment is made, the amendment must be voted on before voting on the main motion. (An amendment must also be seconded before it is discussed. All discussion following an amendment must be about the amendment only until it has been voted on.) The Rules from www.robertsrules.org

• Point of Privilege: Pertains to noise, personal comfort, etc. - may interrupt only if necessary! • Parliamentary Inquiry: Inquire as to the correct motion - to accomplish a desired result, or raise a point of order • Point of Information: Generally applies to information desired from the speaker: "I should like to ask the speaker a question." • Orders of the Day/Agenda: A call to adhere to the agenda (a deviation from the agenda requires Suspending the Rules) • Point of Order: Infraction of the rules, or improper decorum in speaking. Must be raised immediately after the error is made The Rules from www.robertsrules.org (continued)

• Main Motion: Brings the next item on the agenda before the assembly • Divide the Question: Divides a motion into two or more separate motions (must be able to stand on their own). • Amend: Inserting or striking out words or paragraphs, or substituting whole paragraphs or resolutions • Withdraw/Modify Motion: Applies only after question is stated; mover can accept an amendment without obtaining the floor The Rules from www.robertsrules.org (continued)

• Limit Debate: Closing debate at a certain time, or limiting to a certain period of time • Postpone to a Certain Time: State the time the motion or agenda item will be resumed • Object to Consideration: Objection must be stated before discussion or another motion is stated • Lay on the Table: Temporarily suspends further consideration/action on pending question; may be made after motion to close debate The Rules from www.robertsrules.org (continued)

• Take from the Table: Resumes consideration of item previously "laid on the table" - state the motion to take from the table • Reconsider: Can be made only by one on the prevailing side who has changed position or view • Postpone Indefinitely: Kills the question/resolution for this session - Exception: the motion to reconsider can be made in current session The Rules from www.robertsrules.org (continued)

• Previous Question: Closes debate if successful - may be moved to "Close Debate" if preferred • Appeal Decision of the Chair: Appeal for the assembly to decide - must be made before other business is resumed; NOT debatable if relates to decorum, violation of rules or order of business • Suspend the Rules: Allows a violation of the assembly's own rules (except Constitution); the object of the suspension must be specified The City of Laramie Mission, Vision and Core Values

MISSION Building Our Community Through Respect, Integrity, Teamwork, and Stewardship. VISION Community Excellence in the Gem City of the Plains. CORE VALUES Respect- treat others with a high level of courtesy and dignity. Integrity- honest and ethical interactions with each other and the community. Teamwork- work together to meet common goals while considering the needs of others. Stewardship- careful and responsible management of all our resources and environment.

City of Laramie Planning Division Telephone: (307) 721-5207 P.O. Box C Fax: (307) 721-5248 Laramie, WY 82073

LARAMIE PLANNING COMMISSION (SITTING AS THE LARAMIE BOARD OF ADJUSTMENT) February 8, 2021 STAFF REPORT

FILE: VAR-20-10: 555 General Brees Road – Sign Variance (Location and Type)

REQUEST: A Variance Request from the requirements of LMC 15.14.120.C.1.b and 15.14.120.C.3.f and 15.14.120.B.28 to allow for a sign to be located within City of Laramie right-of-way and for non-monument style directional signage in the AE (Airport Enterprise) Zoning District. LOCATION: 555 General Brees Road APPLICANT(S): Adam Acree (Applicant w/Javiation) & Jack Skinner (Laramie Regional Airport Board)

OWNER: Adam Acree (Applicant w/Javiation) & Jack Skinner (Laramie Regional Airport Board)

PURPOSE: To allow a monument sign to be located within City right-of-way near the intersection of General Brees Road and HWY 130 and to allow for on- site directional signage to be of a non-monument style. CURRENT ZONING: AE (Airport Enterprise Zone) PREPARED BY: Derek Teini, AICP, Planning Manager

STAFF RECOMMENDED MOTION:

Move to approve the requested variance from Laramie Municipal Code LMC 15.14.120.C.1.b and 15.14.120.C.3.f and 15.14.120.B.28 to allow for a sign to be located within City of Laramie right-of- way and for non-monument style directional signage for a property zoned AE located at 555 General Brees Road, based on findings of fact and conclusions of law and subject to staff recommended conditions.

APPLICABLE CODE SECTIONS

LMC 15.14.120 - Signs

Authority for consideration and granting of variances is found in LMC §15.06.060.D [Variances]. The variance process is intended to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that variances be granted merely to remove inconveniences or financial burdens that February 8, 2021 VAR-20-10 555 General Brees Road the requirements of this code may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this code render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or federal laws or requirements may not be varied by the city.

BACKGROUND/DISCUSSION:

General Information

This Variance application is requesting relief from three sections of Laramie Municipal Code related to signage. The request, if granted, would permit the applicant relief related to the installation of one monument style entryway sign located near the intersection of HWY 130 and General Brees Road and for 6 directional signage located within the airport parking area to be non-monument style signage. Laramie Municipal Codes 15.14.120.C.1.b and 15.14.120.C.3.f apply to the entryway monument sign and restrict signs within the right-of-way and require signage to be located on- property to the use being advertised. LMC 15.14.120.B.28 defines monument style signs, which are the only type of signs permitted at this location.

Entryway Sign: The entryway sign would be located on the east side of General Brees Road and South of HWY 130. The sign proposed is a fully compliant monument style sign faced with stone and is located outside of any sight triangles for traffic using General Brees Road or HWY 130. As noted in the applicants Variance Cover Letter, slopes in the area and available locations for an entryway sign is limited making placement difficult if it is not with the right-of-way of General Brees Road. To improve visibility for traffic headed to the airport this location improves visibility versus a location on airport property east or west of the road, which would be set back from the road by over 40 feet. In considering the Variance, staff considered possible locations for the sign, slopes in the area and necessity to be in the right-of-way. It is not customary for the city to allow signage within the right-of- way as it can often create conflict in the future due to the need for use of the right-of-way for infrastructure or improvements such as sidewalks. Furthermore, the use of public right-of-way for display of commercial messages can also be problematic as it allows for private business to use public land for private use. In this case this is not an issue due to the fact that the airport is a joint powers board that operates airport for the benefit of the public.

Directional Signage: The six directional signs are located on airport property and generally located within the parking area for the airport. All signage is required to be a monument style sign, which means the base of the sign is no less than 70% of the width of the maximum sign length. The signs proposed do not meet this width requirement, with the signs being around 6 feet in width and the poles (Glulum wood style “pole”) being only 18 inches in width (this equates to about 25% of the width). During the development of the signage code a desire to have signs with a higher level of design was highly sought after by the Council. One aspect of the design considered was a pole style versus a monument style. Ultimately code was adopted that required monument style signage to require this higher level of design. In this situation staff evaluated the intent of the code and the design proposed in the applicant’s request. In this scenario the design proposed is not fully a monument style base,

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February 8, 2021 VAR-20-10 555 General Brees Road as it is only 25% of the sign width, however it also not a standard pole style as well (e.g. single pole or double pole). In addition, the design associated with the sign bases are designs to match/mimic elements within the existing construction and new terminal nearing construction completion on the property. Finally, airport operations are unique and often require more then normal directional signage for navigation and direction around the site. In this instance staff believes that the higher level of design proposed still meets the intent of code and provides signage consistency across the site and with the buildings.

Staff notes that in the applicant’s request letter that this signage be considered “on premise” direction signage and that sign #1 be considered monument style as shown. Based on staff analysis this designation or determination is not needed due to the fact that that these signs are considered “on premise” signage by staff, however this distinction does not grant it the ability to be non-monument style. Furthermore, sign #1 is compliant and will not be considered in this Variance request.

Note: The applicant has provided a cover letter which is attached that provides additional detail and information related to the property.

DEPARTMENT REVIEW:

The application was routed to other City departments for review and comment per standard procedure. Based upon the applicant’s submitted information, no major comments or concerns were provided, that have not been either addressed by the applicant or are included as recommended conditions of approval.

FINDINGS OF FACT FOR VARIANCE:

Pursuant to LMC §15.06.060.D [Specific Review Procedures – Variances], the Board of Adjustment must find that all of the following criteria have been met in order to approve the variance:

Note: The applicant has provided a cover letter which is attached that provides additional detail and information related to the conditions of approval for the Variance.

(a) There are special circumstances or conditions, fully described in the board’s findings, that are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the code, such as irregularity, narrowness, or shallowness of lot, or exceptional topographical conditions.

Staff Response: Special circumstances and conditions exist that are peculiar to the land for which the adjustment is sought. Operation of an airport are unique and lend themselves to different or alternative considerations related to design, including signage. In relationship to the entryway sign the location of the airport’s main operations being setback from HWY 130 (2,300 feet) make it difficult to see before needing to slow down and turn into the site. The location and existing topography of the area makes siting of a sign that would be effective for its intended use was deemed difficult. Siting the sign on airport owned property placed the sign in a location that would not alert drivers or be set so far from General Brees Road it

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February 8, 2021 VAR-20-10 555 General Brees Road

would not be effective. If code was strictly followed in this case, signage for the airport would generally be ineffective, and not worthwhile for the airport. By allowing the location Variance an effective sign can be installed that will provide proper direction and notice to patrons of the airport. In relationship to the directional signage, airport operations are unique and often require many more directional signs then most users. In this instance the applicant is requesting an alternative design that meets the intent of code but does not meet the letter of the law for monument style dimensions. The proposed design, being of a wood style and one that matches new and recent construction on site provides a sign design that is a higher level of design.

(b) The circumstances or conditions are such that the strict application of the provisions of the code would deprive the applicant of the reasonable use of such land or building.

Staff Response: Strict application of the provision of the code would deprive the applicant of the ability to reasonably install signage on the property in an effective manner. As noted above, the location options for the entryway sign are limited and in areas where a fully code compliant sign could go, the sign simply would not do the intended job. As for the directional signage, allowing an alternative design, but one that is not fully code compliant can be considered in this situation due to the high level of design still being proposed. A uniform and consistent signage plan for an airport use is highly recommended and good practice. This in addition to the signage having a uniform and consistent design that matches the newer construction on site meets the intent of code.

(c) If applicable, the circumstances or conditions are such that the strict application of the provisions of the code would deprive the applicant of access to alternative forms of energy such as solar or wind power.

Staff Response: Not applicable. No solar or wind power devices are being sought in this context and the variance being requested would not deprive the applicant of access to alternative forms of energy.

(d) The granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose;

Staff Response: Based on the information provided by the applicant, the request is the minimum adjustment necessary in order to permit the required signage. The entryway monument sign is fully compliant, except for the location of the sign. The directional signage is also requesting only the monument style variance, but is also not proposing a simple pole design. For these reasons the variance requests are minimal.

(e) The granting of the variance is in harmony with the general purposes and intent of the code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

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February 8, 2021 VAR-20-10 555 General Brees Road

Staff Response: Staff believes that granting this variance would not be injurious to the neighborhood or detrimental to the public welfare. The entryway monument sign will provide for proper notification of the use and where to access this public facility. The sign is fully compliant and only requires the variance due to the location of the sign. This sign will match or exceed the design of other signage in the area and will be benefit to users of the airport. Additionally, the directional signage will have little impact to the “neighborhood” due to the isolated and unique operations of an airport. Regardless of the location, the design proposed by the applicant is an alternative design, but is done in a way that meets the intent of code and will be a benefit to the area and will provide for proper direction on site.

(f) The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property.

Staff Response: If the variance is granted the essential character of the neighborhood would not be impaired and the use of the property would not be affected. As noted above both types of signage will add to the character and use of the area as they are well designed for their intended use. In fact the signage proposed should enhance the site and will improve the use of the site.

PUBLIC COMMENTS:

Legal notice was published in the Laramie Boomerang on January 23, 2021. Letters were sent to surrounding property owners within 300 feet of the subject property on January 22, 2021. Staff has received one inquiry (WYDOT) regarding this project and expressed no concern with the project. (Note: WYDOT receives all reviews but this comment was from a division not normally involved in the review due to the request being related to a sign.)

ALTERNATIVES:

1. Approve the variance as submitted by the applicant, based on findings of fact and conclusions of law. 2. Approve the variance subject to conditions, based on findings of fact and conclusions of law. (Staff’s Recommendation) 3. Deny the variance based on findings of denial. 4. Postpone the variance until issues identified during the meeting can be resolved.

CONCLUSION OF FINDINGS AND STAFF RECOMMENDATION/ BOARD OF ADJUSTMENT OPTIONS:

All the required findings, statutorily necessary for granting a variance as detailed in the staff report above, can be made for the request to Municipal Code LMC § 15.14.050.F, therefore:

Move to approve the requested variance from Laramie Municipal Code LMC 15.15.120.C.1.b and 15.14.120.C.3.f and 15.14.120.B.28 to allow for a sign to be located within City of Laramie right-of-

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February 8, 2021 VAR-20-10 555 General Brees Road way and for non-monument style directional signage for a property zoned AE located at 555 General Brees Road, based on findings of fact and conclusions of law and subject to staff recommended conditions.

1. The signage shall comply with all requirements of LMC 15.14.120 – Signs, except those items granted through this Variance request. 2. The Applicant shall apply for and be granted permits for construction of the sign within 6 months of the approval of the Variance. 3. The applicant shall apply for and receive all required building and signage permits associated with the construction of the sign. 4. The applicant shall apply for and receive a permanent right-of-way obstruction permit for construction of the sign within the right-of-way from the City of Laramie. 5. All directional signage shall be permitted to have less than the 70% bases size required between finished grade and the topmost point of the sign structure. 6. The signs shall meet the general location and design as provided in the submitted Variance material. Modification to the sign shall be permitted if all modifications meet the requirements of LMC 15.14.120 – Signs. The sign shall not be permitted to be moved unless the Board of Adjustment reconsiders the item.

ATTACHMENTS:

1. Vicinity Map (1 page) 2. Applicant Cover Letter and Variance Request (2 pages) 3. Entryway Monument Sign Location Map (1 page) 4. Entryway Monument Sign Design Drawings (2 pages) 5. Directional Signage Location Map (1 page) 6. Direction Signage Design Drawing (2 pages)

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1 3 0

VAR-20-10 Sign Location

A E R O S P A C E

O L D 1 3 0

VAR-20-10 This Data contained herein was compiled from various sources for the sole use of the City of Laramie. REVIEW 555 General Brees Road OF THIS DATA FOR ACCURACY AND ANY NECESSARY ^ EDITING HAS NOT BEEN COMPLETED AT THIS TIME. Any use of the data by anyone other than the City of Laramie, and its members, is at the sole risk of the user; and by acceptance of this data, the user does hereby hold the City of Laramie, and its members, harmless and without liability from any claims, costs, or damages of any nature against the City of Laramie, including cost of defense 0 125 250 500 750 arising from improper use of data, or use by other party. Acceptance or use of this data is done without any Feet expressed or implied warranties. ¯

December 22, 2020

Derek Teini Planning Manager City of Laramie, Planning Division PO Box C Laramie, WY 82073

RE: Response to Plan Review – Airport Monument Sign and Directional Signage

Mr. Teini,

In the attached, the applicant, Laramie Regional Airport, is responding to the review comments received on December 1, 2020 regarding the proposed install of a monument sign at the intersection of General Brees Road and Highway 130 and directional signage in the vicinity of the new terminal building.

For the monument sign, the applicant will pursue an obstruction permit through the Laramie Department of Public Works to allow the sign to be built within the 100’ right of way of General Brees Road. If Successful, the applicant will then pursue a variance through the Laramie Planning Department to, again, allow the sign to be constructed within the right of way of General Brees Road. This monument sign has been located to increase the visibility of the intersection where vehicles turn into the airport. The height, location, and lighting have been designed to increase the distance from which a motorist traveling west on Highway 130 can view the monument sign, thereby providing additional warning of the approaching intersection. The approach to this intersection contains a rise which blocks view of the intersection until the motorist is within 500’ to 750’. The proposed monument sign will increase this distance which will allow the motorist more stopping time since the monument sign will be in view well ahead of seeing the intersection.

In summation, a successful variance would alleviate the hardship created by the topography of the site. The existing topography is much lower at the 100’ right of way location in relation to the proposed location.

For the directional signage, the applicant would like to coordinate the classification of the proposed signs in order to provide for the most efficient and economical plan for providing the required directional information to the public. The applicant proposes that Sign # 1 be considered a “Monument sign (low profile sign” since Sign # 1 appears to meet the dimensional requirements/descriptions provided in 15.14.120, B., 29. The applicant would like to propose that Signs 2 through 7 be considered “On-premise directional signs” as they are directly involved with the “movement or placement of pedestrian or vehicular traffic”. If a variance is required to allow this distinction, the applicant is prepared to request one since this signage is critical for the efficient and safe flow of both pedestrians and vehicles in and around the new terminal building.

Please feel free to contact me if there are any questions or concerns.

Sincerely,

Adam Acree Project Architect, Jviation cc: Jack Skinner, Airport Manager, Laramie Regional Airport

5' - 2" 900 S. Broadway, Suite 350 Denver Colorado 80209

t 303.524.3030 f 303.524.3031 www.jviation.com

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18 11 14 1 68 4 725 5. 58 Sign Landsi de (SI GN)

18 11 14 1 76 7 725 5. 98 Edge of A sphalt (EA)

18 11 14 1 68 3 725 4. 77 Top of Slo pe (TO P) 2' - 4"

18 11 14 1 76 6 725 5. 42 Top of Slo pe (TO P) 2 PRECAST CAP PLAN - BEACON A750 3/4" = 1'-0"

" 0

' 5 2 1' - 6" 4' - 6" 9"

18 11 14 1 76 8 725 5. 42 Edge of A sphalt (EA)

STONE

18 11 14 1 76 9 725 4. 98 Top of Slo pe (TO P) MASONRY TO MATCH TERMINAL

18 11 14 1 76 2 725 4. 95 Edge of A sphalt (EA2 EC) CAST IN FILL VOID WITH D PLACE PEA GRAVEL A CONC. O STOP SIGN R

18 11 14 1 77 3 AC 725 5. 20 S Cent erl ine Ro adw ay ELEC. NR 24 SLEEVE: -24" E

BELOW GRADE 8' 0" -

E 8' 5" - +/-

18 11 14 1 68 1 724 5. 34 " Culv ert Fl ared E nd (CV FE E C VCM B) 8

R -

18 11 14 1 68 0 724 5. 50 18 Toe Of Slope (TOE E CV FE B) B - / + L

18 11 14 1 77 0 725 5. 06 Edge of As phal t (EA EC) CAST IN PLACE A A PROJECTFOR: A 555 N GeneralBrees Road Laramie,WY 82070

CONC. BOARD Laramie Regional Airport SPONSORED BY: FAA, WYDOT AERONAUTICS, LARAMIE REGIONAL A LARAMIE TERMINAL IMPROVEMENTS R 18 11 14 1 77 1 725 4. 52 FORM FINISH Top of Slo pe (TO P)

18 11 14 1 67 9 724 6. 33 PROJECT NUMBER: E Fence Wir e ( FXW I) 0" - 4' N 3-56 -0017 -0342017 E 13 ' - G 6"

. DRAWN: A.M.A. 18 11 14 2 32 4 9" 15' - 724 5. 56 Culvert Plast ic (CV PL B - 15IN)

N 1 0 18 11 14 1 67 7 ' 724 6. 94 CHECKED: A.M.A. Toe Of S lope (TOE) - 0"

8' - 6" APPROVED: A.J.R. \2019.LAR.IFC_Adam.Acree.rvt ISSUE RECORD

18 11 14 1 77 4 18 11 14 1 67 8 724 6. 27 724 6. 79 Toe Of S lope (TOE) Fence Wir e ( FXW I) NO BY DATE DESCRIPTION 45 A.J.R. 10/08/2020 ASI #42 18 11 14 1 77 5 724 6. 20 Fence Wir e ( FXW I)

7' - 0"

AC AC 8' - 0 NR 24 15' " NR 24 - 0" 7' - 0" - 7' A752 12 ISSUE FOR CONSTRUCTION

07/15/20 BEACON SIGN

18 11 14 2 32 3 724 7. 96 Ground Shot (GRN D)

11/23/2020 11:38:20 AM 11:38:20 11/23/2020 C:\Users\Adam.Acree\Documents BEACON SIGN PLANS

18 11 14 2 32 2 724 8. 72 Tree C oniferous (TREE C)

NR 24 2' - 0" 45 TRUE A750 1 3 BEACON SIGN SITE PLAN BEACON SIGN FRAMING PLAN UE TR A750 1/4" = 1'-0" A750 3/4" = 1'-0" A750 BEACON SIGNPLANS 900 S. Broadway, Suite 350 Denver Colorado 80209

t 303.524.3030 f 303.524.3031 www.jviation.com

PREPARED UNDER THE SUPERVISION OF:

NAME REG. NO. DATE

08/28/20 ISSUE FOR CONSTRUCTION

20' - 5 1/2" 20' - A751

2" 8' - 0" 2"

12' - 3" T.O. WALL +/- 16'+/- 3" - 2 1/2" 5' 4" - 8 1/2" RE-PAINT ORANGE TO IRPORT MATCH EXISTING

26%

(4) J-HOOK EXTEND 12" INTO VERTICAL WALL

5' - 2" 4" PRECAST CONCRETE CAP 0' - 0" T.O. FND. WAL 12' - 3" T.O. WALL

4' - 6"

1' - 10" 1' - 2 BEACON ELEVATION NORTH A751 1/2" = 1'-0" 3 A751

8" 8" A PROJECTFOR: A 555 N GeneralBrees Road Laramie,WY 82070 Laramie Regional Airport

2" 8' - 0" 2" SPONSORED BY: FAA, WYDOT AERONAUTICS, LARAMIE REGIONAL A LARAMIE TERMINAL IMPROVEMENTS

PROJECT NUMBER:

10' - 5" 10' - 3-56 -0017 -0342017 12' - 3" T.O. WALL

2" 10' - 0" 2" DRAWN: A.M.A.

CHECKED: A.M.A. METAL LETTERING AND LOGO APPROVED: A.J.R. \2019.LAR.IFC_Adam.Acree.rvt ISSUE RECORD

2 1/2" NO BY DATE DESCRIPTION 45 A.J.R. 10/08/2020 ASI #42 3' 8" -

% 8 1/2"

5 %

4 5

1 4

1 1

0' - 0" T.O. FND. WAL 26% ISSUE FOR CONSTRUCTION

08/28/20 3' 6" -

11/23/2020 11:42:26 AM 11:42:26 11/23/2020 C:\Users\Adam.Acree\Documents BEACON SIGN DETAILS

-3' - 6" 0' - 0" T.O. FTG. T.O. FND. WAL

9' - 0 5/8"

A751 45 3 SECTION AT BEACON 1 BEACON ELEVATION SOUTH A751 3/4" = 1'-0" A751 1/2" = 1'-0" A751 BEACON SIGNDETAILS 900 S. Broadway, Suite 350 Denver Colorado 80209

t 303.524.3030 f 303.524.3031 3 www.jviation.com A751

PREPARED UNDER THE SUPERVISION OF:

NAME REG. NO. DATE

10/02/20 ISSUE FOR CONSTRUCTION

12' - 3" T.O. WALL 7' - 0" 10' - 0"

7 1/4" 2"

1 10' - 5" 10' - IRPORT

0' - 0" T.O. FND. WAL 11' - 8 1/8"

BEACON FRAMING SOUTH ELEVATION - BOARD FORM 2 CONCRETE WALL A752 1/2" = 1'-0"

3 A751

8' - 0" +/-

7' - 7 1/2"

12' - 3" A PROJECTFOR: A 555 N GeneralBrees Road Laramie,WY 82070 Laramie Regional Airport SPONSORED BY: FAA, WYDOT AERONAUTICS, LARAMIE REGIONAL A T.O. WALL 2" LARAMIE TERMINAL IMPROVEMENTS PROJECT NUMBER: 3-56 -0017 -0342017

DRAWN: A.M.A.

CHECKED: A.M.A.

APPROVED: A.J.R. \2019.LAR.IFC_Adam.Acree.rvt ISSUE RECORD

4 NO BY DATE DESCRIPTION

1 1 45 A.J.R. 10/08/2020 ASI #42 12' - 3" 12' -

ISSUE FOR CONSTRUCTION

10/02/20

8 5 ° 0' - 0"

11/23/2020 11:43:29 AM 11:43:29 11/23/2020 C:\Users\Adam.Acree\Documents BEACON SIGN DETAILS T.O. FND. WAL 8' - 8 3/8"

BEACON FRAMING SOUTH ELEVATION - ADHERED 1 STONE WALL 45 A752 A752 1/2" = 1'-0" A752 BEACON SIGNDETAILS Plotted December 29, 2020 @ 9:20 AM by Alex Nodich P.E. L:\LAR\AIP-34 Terminal\CAD\PLANS\050-LAR-34-C501-SIGN.dwg

\ \ REINSTALL 20 MPH SIGN

\ REMOVE 20 MPH N. GENERAL BREES RD. SIGN INSTALL MONUMENTAL GUIDANCE SIGN # 1 ON SHEET C550 NEW BASE TYPE 1 (SEE SHEETS L101 FOR BASE DETAILS).

\ SIGN REMOVED FROM PROJECT

\ PARKING LOT \ EXISTING

N. GENERAL BREES RD. \ MATCHLINE - SEE SHEET

\ INSTALL "CITY OF LARAMIE" SIGN # 7 ON SHEETS L101 FOR BASE DETAILS). SHEET C550 ON NEW BASE TYPE 2 (SEE

\ C502 PARKING LOT PARKING LOT \ EXISTING EXISTING

\ PROTECT EXISTING "COWBOY AVIATION" SIGN.

\ OLD STATE HWY 130

\ PARKING LOT COWBOY AVIATION

\ EXISTING

\ X \

X X

\ GENERAL NOTES: 1. SEE SHEET C550 FOR SIGN DETAILS.

10 GENERAL BREES RD.

GRAPHIC SCALE OLD STATE HWY 130 HWY STATE OLD 0 ( IN FEET ) 10 20 KEYMAP EXISTING TERMINAL NO DRAWN: CHECKED: PREPARED UNDER THE SUPERVISION OF: APPROVED: 1 ALEXANDER J. NODICH NAME ONLY. THEY WERE PREPARED BY OR UNDER THE THESE DRAWINGS ARE FOR CONSTRUCTION USE. PROJECT NUMBER: A.J.N. WAY FINDING SIGNAGE PLAN BY ISSUE FOR CONSTRUCTION CONSTRUCTION ISSUED FOR 3-56-0017-037-2019 LARAMIE TERMINAL IMPROVEMENTS ISSUE RECORD 07/29/2019

C501 555 GENERAL BREES ROAD SUPERVISION OF: Denver 900 S. Broadway, Suite 350 t 303.524.3030 f 303.524.3031 www.jviation.com DATE LARAMIE, WYOMING 82070 07/29/2019 XXXX REG. NO. Colorado 80209

SPONSORED BY: FAA, WYDOT AERONAUTICS, LARAMIE REGIONAL AIRPORT 14147 CONSTRUCTION DESCRIPTION

A PROJECT FOR: DATE 07/29/19 C.L.G. A.P.A. A.J.N. Laramie Regional Airport Plotted December 29, 2020 @ 9:20 AM by Alex Nodich P.E. L:\LAR\AIP-34 Terminal\CAD\PLANS\050-LAR-34-C501-SIGN.dwg

TOFA SHEETS L101 FOR BASE DETAILS) INSTALL NEW SIGN # 3 ON SHEET C550 ON NEW BASE TYPE 2 (SEE SIGN # 2 ON SHEET C550 NEW BASE TYPE REMOVE EXISTING SIGN AND INSTALL NEW 2 (SEE SHEETS L101 FOR BASE DETAILS) CAR LOT SIGN TO POINT UP. THE ON TEMPORARY BASE. CHANGE THE TOFA INSTALL OLD RENTAL CAR LOT SIGN ARROW DIRECTION ON THE RENTAL "ARFF/AIRPORT ADMIN" SIGN. SHALL FACE NORTH. PROTECT EXISTING

TOFA

X A TEMPORARY BASE. USE AN EXISTING BASE/ REMOVED SIGNS TO MOUNT THE SIGN # 5 N. GENERAL BREES RD. INSTALL SIGN # 5 PANEL ONLY ON MOUTNING POSTS FROM ONE OF THE PANEL. THE SIGN WILL FACE SOUTH.

TOFA PARKING LOT

X EXISTING

TSA

X PROPOSED RENTAL

TOFA PARKING LOT

TSA PROVIDE NEW "DROP-OFF AND PICK-UP" SIGN. ELECTRICAL VAULT PROTECT AND REINSTALL "PICK-UP

TOFA SIGN # 4 ON SHEET C550.

TSA DROP-OFF" SIGN. CONTRACT

TOFA NOT IN

TSA MATCHLINE - SEE SHEET

TOFA INSTALL NEW SIGN # 6 ON PERMANENT BASE, TYPE 2 (SEE PARKING SIGN. EXISTING RENTAL REMOVE EXISTING RENTAL CAR ON TEMP BASE WEST SIDE OF CAR LOT SIGN TO BE INSTALLED SHEETS L101 FOR BASE DETAILS). TSA TERMINAL LOT C501

TOFA PROPOSED BUILDING

TSA EQUIPMENT BUILDING

TOFA

TSA

TOFA PROPOSED EQUIPMENT PARKING HARDSTAND

TSA (BID ALTERNATE) CONTRACT

TOFA NOT IN

TSA

TOFA

TSA

TSA EXISTING APRON GENERAL NOTES: 1. SEE SHEET C550 FOR SIGN DETAILS.

10 GENERAL BREES RD.

GRAPHIC SCALE OLD STATE HWY 130 HWY STATE OLD 0 ( IN FEET ) 10 20 KEYMAP EXISTING TERMINAL (BID ALTERNATE) NO DRAWN: CHECKED: PREPARED UNDER THE SUPERVISION OF: APPROVED: 1 ALEXANDER J. NODICH NAME ONLY. THEY WERE PREPARED BY OR UNDER THE THESE DRAWINGS ARE FOR CONSTRUCTION USE. PROJECT NUMBER: A.J.N. WAY FINDING SIGNAGE PLAN BY ISSUE FOR CONSTRUCTION CONSTRUCTION ISSUED FOR 3-56-0017-037-2019 LARAMIE TERMINAL IMPROVEMENTS ISSUE RECORD C502

07/29/2019 555 GENERAL BREES ROAD SUPERVISION OF: Denver 900 S. Broadway, Suite 350 t 303.524.3030 f 303.524.3031 www.jviation.com DATE LARAMIE, WYOMING 82070 07/29/2019 REG. NO. Colorado 80209

SPONSORED BY: FAA, WYDOT AERONAUTICS, LARAMIE REGIONAL AIRPORT 14147 CONSTRUCTION DESCRIPTION

A PROJECT FOR: DATE 07/29/19 C.L.G. A.P.A. A.J.N. Laramie Regional Airport WAYFINDING SIGN #2 WAYFINDING SIGN #7