Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1.0 Application, Staff Report & Exhibit
GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 February 2, 1983 Klaus Schattleitner Holiday Inn 51359 U.S. Hwy 6 & 24 Glenwood Springs, CO 81601 Dear Mr. Schattleitner: Enclosed is a copy of your application for a variance as submitted to the Board of Adjustment. Ithas been denied and signed by the Chairman and Secretary. Very truly yours, GARFIELD COUNTY BQARD OF ADJUSTMENT Ellen L. Hicks Recording Secretary /eh Encls. 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 Variance Mettin HLtendanc.e, Shseti Date:/c/6'3 Please sign your name Ie9ibIy 1 17 3, 6, 7. 9, I0, 1a. 4 / a 7-83egfaz.d .- cj 47�/"..-% dec2i dVt-.67 6 /0//,c2, 6Aid,;7/0. 754L4e_)7:2_,/ • • /-a 83 (79(a-e4.R >&/- / .c.v. a G ,% eod Zcle iebg /ice d/7 0, - �. � -- X4,:6/ a.21�= e2.94/ 7/1(-Z-2? 4 7Z/4:ea---V d' 7 mss' ;/, /. S7C . ; A; -) --/O d_f_L_4w_OJ cf)/7 `' Cir 1 c z/, 77-7? / /• L/ Y'9/7 5 Ka7 QUs ,5 'mss /-c::24) -fn c57 s "y. " " / 8/r)�. c2..o ae‘Oz2-e• c" --Ley /;-) `Z. (z --A-‘0 /63155 .eic Czie_se. /9•Zzee 04(46 C/---1-e4v (-4(.."9 . 54 9/ a,71 C-c)..d,71 - >2.L (7ecezi ©r7 . LC2m-7 -Y!Com! 'c ceezo "2,2.40c2,e, c 75' , '5. 6 5'. d6/fa z,.o iii ( S :tee e /?-2,1. ,„ ,042/Z22 9 "t009-3 /) C fir.' /762- -. -76 ()CzZ t . e;o- ''/9r? / s i . %/Gc 1. 3 i41 t5czy764..4/i/&( /9wae-to.e.,L-7‘ .7z.9e7/c2-e._ 5►� 6 • c),( .7LB /)c) _MC - /70 //76e/2-iti (5/4/2 Jr 2) ce_z4),ft_47/ cce)44:4y cz-&7z, /62,27c)24,e471 "esajoe c:c#2a_cef c:),74,0 ae/ c%ce- zz,e_e_Lp a/4u /0-,5 40,-2 /43 L5 0, f/J• cZeg:;1-w7 80 it-r/o c;Zca.“)---" ct6ce .54/t ,09,074,efee4074 • 7Yz-c--r/ 9 • E5' _/ //9/)cifs -5)A e9(.;it:),_64/4/ /-27/7e o 2J -?0. ,7s Y62A2E-e7/ 00,? •"pf/17650 34 1272-60--eGeeeC:ta D.e7fl79 0"2Z77k17 "20 P /777‘7:07-) g62. aff— Owners name: • APPLICATION E-xh;j9i-1- !ECEIVED '4 JAN 1 0 X333 f:ARFIELD COUNTY ZONING BOARD OF ADJUSTMENT Holiday Inn of Glenwood Springs Owners address: 51359 U.S. Hwy. 6 & 24 Glenwood Springs, Colo. 81601 Phone: 3030 945-8551 Date: December 30, 1982 Hearing Number: Practical description of where property is located: bpprokimatm&yt1/10 of a mile northwest of Glenwood Springs on the north side of Highway 6 & 24. Traveling from Glenwood towards West Glenwood on Highway 6 & 24 it would be located at the curve in the road just past Daylight Donuts on the northeasterly side of the road_ before the turnoff to Oasis_. Creek Subdivision. Proposed 1iIuminatbd`sign location' 70 ft. -north of front -property line.-(frant property line being at the intersectrion 1. PrAfenetthlo01..indcomercia1 Area: 1/10 of a mile northwest of Glenwood Springs on the north side of the road. 2. Describe variance you are requesting: allowance of off premise sign. 3. Why do you feel that the variance should be granted: (refer to instructions, use additional pages if needed) Tourists from out of town who are not aware of the presence of West Glenwood at night are turning around, after they pass the radio station, thinking that that is the end of Glenwood Springs not knowing there is a West Glenwood Springs. They will leave town and considerable revenue for the hotel and Garfield County is lost. Therefore, a lead in sign directing strangers to additional hotel and restaurant services will keep tourist dollars in Garfield County. 4. List all property owners within two hundred (200) feet of property for which variance is being requested. Copies of the Public Notice should be mailed to your neighbors by registered mail and the receipts presented at the hearing. Daniel Gallagher Antlers Motel Colorado Dept. of Highways Donald & Lila Negaard L P Gas and Appliance Company Mid Continent Coke & Coal unknown owner parcel - per the Garfield County Accessor's office - letter will be available from County - it is township 6, range 89, district 1GF, Section 9, all of lot 6, lying east of the J. B. Grant Lode (MS -6578) total arcreage is .18. 5. Describe water supply, sewage facilities, utilities, and access to property. (use additional pages if necessary) City Water and sewer. There is a utility pole in the center of the property for utility accessibility. Access to the property from 6 & 24 which is adjacent. 6. Attach a map of legal sizedaper or smaller drawn to scale showing all im- provements (present and proposed) and all pertinent distances and area. Show all improvements on your property, and all neighbor's property within two hundred (200) feet of your boundary. 2- 7. The above information is correct to the best of my knowledge. HOLIDAY INN OF GLENWOOD SPRINGS BY; Klaus Schattleitner Applicant Variance granted Variance denied /ThC Board Vote: Member Leo Jammaron For x Against Mary Odel]. Pete Cabrinha x John Tripp x Attested by: Peter. M. Cabrinha Chairman ;--47:/( o_7(Z&a y F. Odell Secretary Form approved by Board vote on April 18, 1974. PUBLIC NOTICE Take Notice that The Holiday Inn of Glenwood Springs (has) F#rttvc-) applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a variance in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: $ • Il tract of 14nd Located in Lot 6, the Spar Leda (Survey No. 4069) and tho J. D. Grant ijLode (Survey No. 6578), all in Section 9, Township 6 5cutli, Ranee 89 Went of tha Gth # P. M., lying Northerly of: a county road as constructed and in use and Northerly .of ,: U. S. Highway No. 6 & 24, =mo•c completely described es follows: ileAnni.nc at the intersection of the Southerly line of said` J. B. Grant Lucio with the. No th .i3outh centerline of said Section 9 whence the North Quarter Corner' of said Section 9 be -a -'s N. 0,l° 40' L. 364.71 feet, thence S. 000 40' W. 207.45 feet along the North-South ccntorl i, ., of szid Section 9 to a point on the ,Northerly Linc of said county read; thence H. 820 22'; W. ,'0 r 141.44 feet aloe c, the Northerly line of said county road; thence continuing along the `�orth- ei•)v line of said county road 15.03 feet on th arc of a curve SA) the richt having a radius of 100.00 fent;, the chord of which hears N. 690 28' W. 44.65 feet, to n point on the Nort.horly r bt-of-•.,•ay line of said hirbw y; thence 1.25.47 feet along tho Northerly richt-of-way line of said hi chway on the arc of a curve to the left having a radius of 1245.60 feet,' tho "clior4P•i. N. 1 W 125.•42 feet; thenco S. 25Q 2v iL. • , Llll u S rn(1; YR cf a+ri.cir bears 52 'x8 ' 2ti '?,i fact: •,�c S. •�••��, 27' F,. 215.75 feet to the pint of be ,inning. ::, `'.= r',, Contriilnih; 1.3G acres, more less. Practical'bescription (location with respect to highways, County Roads and residences): 1/10 of a mile northwest of Glenwood Springs on the north side of Highway 6 & 24. Traveling from Glenwood towards West Glenwood on Highway 6 & 24 it would be located at the curve in the road just past Daylight Donuts on the northeasterly side of the road before the turnoff to Oasis Creek Subdivision. Proposed illuminated sign location 70 ft. north of front property line. (front property line being at the intersection of 6th and Linden) Said variance is to permit the Petitioner(s) to locate an off premise sign on the above described property. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such variance, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. This variance application may be reviewed at the office of the Building Official located at 2014 Blake, Glenwood Springs, Colorado, between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday. That public,hearing on application for the above variance has been ,�} et for the 7—TiC day ofS'3� , 19 , at the hour of 1,"(10c) at the office of the B.ilding Departm•nt in the Mountain View Building, 2014 Blake Avenue, Glenwood Springs, Colorado. Coun •',nine Board of Adjustment :.J. Thomps• , Chief Building Inspector ►V} steel .V?O T s FST) T{ 1,4 miles r concrete I'tail: tE MVE 1 lONi f ,XI l 1 RIVERSIDE [JR. S{lUI H r Ph'/V'3 C Z. e /C;"4/1-1 G.! Iv140d 0 Y , /14O La'MI A/ 7:5 Ir ccs 3'4'4.4 C4•5'.. iN PGa C4 . s 4 • 1 . B R44/7". L4 e> 7_ `j .stigaimtaltiddisajAyr r, ,77,47717S01.,,177717,71. ' t d r. I ,1 .ittrA 1 `...;10$44/4...... OA =ti 41% BkLi�c�6aAf7f,}���° {*u1,j144� •�i t 4 �is� acoti d i � X.oC ,� t;1 o Scar. • �q.;'6571), n1. 1n Soot;i n 9,. Io.wn o• hi(SrlivSY Nc:'-40rA�) .tttattnd Lho J. ty.gtr � F 63t wa�+t or U ry \4x;�ltcr y' o1 a county r aid as con; true ted Wird inn ��se anal :1�artitttr'1 ,�� � + ' ` otc7� s crab a a s :follows ,iti, A� Y� § � 'witit'1»�t �',• � t• nt I.c,do ,"5qi� Li�ot'�.Y �.3tna ,Q t' �s#�.d J:•. (� . a _� �����acait ��t' 1�'11� 4 ,? dF; ho 'forth;; Quarter ,.Corrin: of said, ScGt, o'h a �' tlto t:rz•t�t�-St+utlt ��! ..>�.� on;'tho. artt�ot+ly ]in4 of srcl�i county,t'oad; ',t ca N. . t'i�vrtce co':ttIn'fl.fl 'along tit �d•cntntt� :: rnrtd, i,e, L` a7tti, tlac �o: test. l�• .3 xue ,of s, 03 feet ;carr the arc of a'' curvo t u th ,•icltit. lanvine' i� cou��tya:�d q5• ,oint on. titq;, `. 6Q 2� W. 4A . [t5.:: roar, : to � � 1.�rlth'i�,vrlyg co L $�47 root a1oa,g tho :Northorly t•ioltt'e »trey ot'ai� ' • • )Pin a ratlL.us at .24$. q:'taot►,'' th`o ar�� ; of a.;=asrt � v ,tto t;ltb 7.of�r shx�o�2v' •�.: 2x4.2.► 474.944` l�i��tts�f'"A,► +.•1� 4et; 'thor►C.o .. '' to 1;4' print' of bo nitir► s 1111,1111— Fl t*r"c yLY y tliit 7 01 rccr y s911ervfsed the th nnmo to Ido QS sown oh` tlii s iAP. • I4'1'111;',Survci't''r. • IOW f the ahovo-doAcrj.bod s4r.Pil9913111.1s-- Al.i'111F sUiWi:YS Seri t$11NO 1 1!, 1O0 1 'nr. l 0.4 r, 'a3 t.w� c+ ► ir t a a Y ! • M ..i c a s 0 .n G f J► COLO. aoe A 1141441 041 ,4 GLENWOOD SPRU GS Too 144. t 043 i 0 0 w %%743.031--04-0n - RI r A N O R! ¥ ... enol r,1 024 » Ll '/" ' lJ C I_ o J �--i y OLE kwnor: BORING! r--', ..'..r79 ti. —..__ f � � f- 6: i 1, 1_ �� ' Iy1' 179} ['co. r �,�1 C-_ .,J, A -.-4- I _ .__.��. j CI FJ u Co 00' TortlyS.H10 INDEX r4f �R M 4 11111 NE III 1111111111111 MINIM UM " III 1. " " LEGEND— . . OIe N.enrar • - '/, Sire ones, f001ro1 r.- Root (011.0e Mfr) • Ie 14•04 (tort) : Get IananprOre// o- r * 0, Cr0e* (err, Or!/o•rRf/ ▪ •Orr 00 LOH 0t • Boonton 4on4 • 80v"00.7 14a# Voin00rr Lrne • BovnOs-/ L400 pCrlrrrtl 006n40rr LIRl 440 ant Ronpo LOOS lR L A•p Ono ROn pe L r ft fvnfu,W/14 an trite! I 01 07 •4$AOR Bavnesrr a0rnearr CIOrirl .l.Crr00 Comfy . r No/ ( Me ▪ a Porte! L reel '.4of GflCriptial &Ovnaorr4f 0Mn.00000 h • 0orntar/ Iln.rrf • of Preport, 14,101'44 ! N.neret RigA/s 'rot* NWnberl • s•an./ *IOC* Nunfberi 411r0ee Parcel Nunb,h ef•1n14 Number lar •♦.•4414 Onlr '• Chon Aum brM, Y •IfAIR O SeftlM Korea @Loc........... I• ; "• . a.4 c .�..`.. 4 • •-.. ti" S 4. :. i IIrlIJII ! SE Ne 4)11 J�. v` t NO ?,I r,V DS K AL61 ON im II l RO Iry 4 Fit ti lig01 13) ntif, TOW HO 6E8 W 4. t f rN + 1 1, i 0 V 6LENWtOD SPRINGS G11 5 i •.r�i EC.001• NO Tr: 4 r • _ �► D D _ a 0 RANDC 1G -Ie r rel Adit • 110 r�ssFssoa of Oaafad County 1'eCand . (2E) JFuntEi PHONE: 945-9I34 P.O. E3OX 579 Glenwood Springs, Colorado 81602 January 7, 1983 '10 THE GARFIELD COUNTY ZONING BOARD : The following described property is listed in our office as being owned by "UNKNOWN OWNER'; T.6 S. --R.89 W., Section 9, Nw3, All of lot 6 lying East of the JB Grand Lode(MS 6578) Total: .18Acres. Garfield County Assessor's Office Office Manager :h M ...• [• La or octcber 30, 1982 Klaus Schatt leit er Glenwood Springs Holiday Inn S13591U 8 Hwy. 6 & 24 Glenwb'd Springs, Co 81601 s#-::� , .,� - ��. .e i4?wb{ivi',r ri�a.�War': ':4�ius,�vr.}�+ a • n,,,k'�' - Dear Klaus This is to verify #mit the part eiehip*bf moi*:„ j p to lease the land located ' on •Laurel ; St" Beet p 't "a V to Danny Gallagher and .the Oasis Craek xoad, ''l i#, i';1x.ease is of Holiday day > nn '. �q, Asign.' thisvroperty is c everaially zoned aria a o w .I attacd. �.ahLl-S5. Iy ys, 6444o; Denn4.0 Zwickl Pis of PriTZZ LID. Glenwood Springs, Co 81602 `1a9{�'��43ji PROOF OF PUBLICAT lit GLENWOOD POST STATE OF COLORADO, COUNTY OF GARFIELD. I SS. N2 013795 do solemnly swear that I am General Manager of the GLENWOOD POST; that the same is a newspaper printed, in whole or in part, and published in the County of Garfield, State of Colo- rado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty.two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a newspaper duly qualified for publishing legal notices and ad- vertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said newspaper for the period of ..1 consecutive insertions; and that the first pub- lication of said notice was in the issue of said newspaper dated Jan......12 A.D., 19...8.3_, and the last publication of said notice was in the issue of said newspaper dated A.D., 19 In witness whereof 1 •ve ' reunto set my hand this .....�-a ..... day of January A.D., tN General • nager / Publis Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado. this 12th day of J.anuary A.D., 19..63.... (SEAL) My Commission Expires `a©tom C� Nota r. Public s C� L. SENDER: Complete Items 1, 2, Add your address in 3, and 4. the "RETURN like If on reverse. (CONSULT POSTMASTER tOR t. The following service is requested (Check Show to whom and date delivered 0 Show to whom, date, and address of 1. ❑ RESTRICTED DELIVERY (The restricted delivery fee is charged in addition rhe, tnrn receipt fee.) TOTAL FEES) , one). —Q delivery.. _._..6' w $_._..i S. ARTICLE ADDRESSED TO: /+m,'e 0/9/06. L. 6/14/0E41 /00/10 64/WOO sfk/NV 1g#E/e /91- s, coc-ar 8i� 4. TYPE OF BEAWCE: ARTICLE NUMBER P1-'4)" / Q • REDIOTERED 0IINSURED CERTD 0 COO 7IIA 'Maya 011111111 ttlMiu►e M atdr0sOor ape 1 have received the article described above. SIONA ❑ Addressee Authorized s. . nt J diel!, «� 12 ,- /983 % r ? TE OF DEUVE i. ACIORESSEE'i< ADDRESS (Only (j ested) \Nfiot.O 1. UM11sU SO Nunn e€ca'. : • 7y I E YEE'6 I • SENDER: Complete Items 1, 2, 3. and 4. 1 Add your address in the "RETURN TO on reverse. (CONSULT POSTMASTER FOR FEES) 1. The following service is requested (check one). tg Show to whom and date delivered —t ❑ Show to whom, date, and address of delivery—C z. ❑ RESTRICTED DELIVERY _t (The restricted delivery fee Is charged in addition as, the rem r cegg fee.) TOTAL $__.__. S. �� ' o%V S./ MA, 0/VS A/ti Ti_etie S 01 0 rE i-- goC- 1-.- 9 v REL L N A1000 SIX IAe S# L- OLO. 8/6 4. TYPE OF SERVICE: ARTICLE NrIER CJ p/ /sI JI9,,'7( CjREGISTERED ■ INSURED cXPRESS ❑ coo ❑ EXPRESS MAX (Awyn obtain slfnsturs of addressee or agent) I have received the article described above. SIGNATURE ❑ Addressee 0 Authorized agent DATE OF DE }t T#IARK h� \ t _.' o, 5. ADDRESSEES ADORERS (Orr!y if requested) r0. 7. UNABLE TO DELIVER BECAUSE: Ta E•yB • SENpER: Complete items 1, 2, 3, •nd 4. • Add your address in the "RETURN T ace on mime. (CONSULT OOSTMASTER FOR 1. The following service is requested (check Show to whom and date delivered ❑ Show to whom, date, and address of s. ❑ RESTRICTED DELIVERY (The restrkred delivery fee is charged in addition Me return receipt fee.) TOTAL . FEES) one). —0 delivery.. ___$ —4' to t._ s. ARTICLE ADDRESSED O COLO, 6/1 1a4 /7 r f/EP! / CL N�Q3o P sP,p/NaS Croc-e), rs/6e)A. 4. TYPE OF SERVICE: ❑ RUMBER ESI$TEt1ED 0 INSURED CERTIFIED 0 EXPRESS 11A�° t:oD o� 2 j /54, / � /S/ (Always obtain slrn.iltn searIrkse or agent) I have received the article described above. - 000% Addressee 0 Authorized agent . DELIVERY k ' JAN � � X983 2� , 113 ��� • , *11!983 _:, �1� b,f ir . ADDRESSEESADDRESS(o.,ytr T. MIME 10 DELIVER dECAt16E It 7a. EMPLOYEE'S 11NTIAls ^' f ff.- a • SENDER: Complete Items 1.2.3. and 4. Md your address in the "RETURN T r on reverse. (CONSULT POSTMASTER FOR PEES) 1. The following service is requested (check one). Show to whom and date delivered ❑ Show to whom, date, and address of delivery_t s.❑ RESTRICTED DELIVERY _t (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL , h_4_4,__ it d $. ARTICLEMo To EG t4 ,4 / 1J 00A014-0 qi Li LR NN °w�D0 (6y yoobpsPWP 4. TYPE OF SERVICE: &Yl*TERED ❑III.URED CM�D T ❑ coo © MAIL 7578 /S9'j9 'Always Wein signature e addn..«.r 1 have received the article described SIOMATURE a❑ Addressee above. agent ilk ■ Authorized 11. TE TE DELIVERY / POSTMARK 1 "in, r. Y cr) ` ` R AODREOIC- 'S ADDRESS (Oily Ijrep onedj E� T. UNABLE TO DELIVER SECAUME: Ta�..+W" , MR1AL8 ��� SENDER: Complete 'terns 1, 2, 3, and 4. ore ill • Add your address in the " RE -1N, T on reverse. Iii (CONSULT POSTMASTER t. The following service is requested Show to whom aad ghte delivered FOR (check of In oddinon TOTAL FEES) one). i._.o delivery.. ..__e ■ Show to whom, date, and address z. 0 RESTRICTED DELIVERY (The restrieted elelirery fee is charged The return receipt fee.) to S 3.ARTICLE ADDRESSED TO: A PP it C C� ANBD u ti box S .eL.s Nwoo d 6PRINe s,, e,DI-01 SI C 4. TYPE OF *FAME: RESISTEReo ❑ MMUM! lRTIf1ED Q PRESS MAIL. ❑❑ coo ARTICLE M�lER pANU ipl i ; . . r , aF /ro Wows NMain signature of addressee or agent) 1(lave received the article described $ISNATURE reseee above.' uthorized agent DATEQF JAN 1 z 1983 ;f ✓A 2 t� r � iti % i4. ADDIIEN ADDRESS (00 *requested) T. UNABLE TO O€UVER 1NECAuSE: 1r Ta it° 1N 1 1 1 1 1 • suatett Gbnlpieks lifts 1, 2, 3, and 4. r Addydiraddress in the "RETURN Tilklace On reverse. ;CONSULT POSTMASTER i. TO folios/lag service is requested .Show to whom and date delivered 0 Show to whOtn, date, and address FOR (check of in addition TOTAL FEES) one). .. delivery.. —..¢ to $ t. ■ RESIRICiED DELIVERY (The rrartroled fee Is charged the return receipt a. ARTICLE ADDRESSED TO: coke- 4- La pAL Ano C -o i7"1lUEtJ7- 60X / CAP 604/D/1Le--jC&'— V6.23 4. TYPE OF SERVICE: ❑ REGISTERED 0 INSURED .a'CERTIFIED 0 coo 0EXPRESS MAL ARTICLE NUMBER l s� 7(/ t"] ��yy j 4 W/ (Always obtain signature of addressee agent) or E have received the article described above. MONA ddressee 0 Authorized agent PATE OF DELivEERY /,r-/2- f -S 1. ADDRESSEE'S ADDRESS <Only if rapt 7. UNABLE TO DELIVER BECAUSE: 7s. EIilRI5YEE'S INITIALS VARIANCE REQUEST: • VARIANCE REQUEST INFORMATION AND STAFF COMMENTS Request for variance to Section 5.07 of the Garfield County Zoning Resolution (the sign code section) Ex h 0 b \ i OWNER: Dennis and Michelle Zwickl APPLICANT: Holiday Inn of Glenwood Springs LOCATION: Nearly adjacent to the City of Glenwood Springs at the Oasis Creek Subdivision turnoff on the north side of U.S. Highway 6 & 24 Existing Zoning: C/L - Commercial/Limited Adjacent Zoning: North: A/I - Agricultural/Industrial & City South: C/L - Commercial/Limited East: R/L/SD - Residential/Limited/Suburban Density West: C/L - Commercial/Limited I. DESCRIPTION OF THE PROPOSAL The applicant proposes to place a 72 square foot commercial identification sign off the business premises on a 1.36 acres parcel approximately one mile east of the Holiday Inn. II. MAJOR CONCERNS AND ISSUES A. The applicant has requested a variance to Section 5.07 to permit the placement of an off site sign. Section 5.07.07 ( ) addresses provision for off site signs and test of necessity: "Signs shall identify or advertise only interests conducted on the lot of the sign location unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates". B. It .1471pea4- be necessary to remove some vegetation on the site to allow for the proposed sign. C. The sign will apparently be locatd-ort-1° a above State Highway 6 & 24, where by virtue of its location an illu inat 'it could potentially create adverse visual impacts for the are -y-h .ifi leper'� �5 (.�cc)1193 error ir, p[\cbc5n. D. Numerous signs already exist which advertise thd amenities available in West Glenwood Springs. Approximately 100 - 150 feet east of the proposed sign location there is a sign advertising "GAS - FOOD - LODGING: 1 MILE". On I-70 entering the Glenwood Springs area from the east, there is a sign advertising "GAS - FOOD - LODGING: next 2 exits". Slightly west of the Glenwood Springs exit on I-70 is another sign for "GAS - FOOD - LODGING: NEXT EXIT". Finally, the existing Holiday Inn sign can be seen as far away as approximately 3/4 mile east of the business from I-70. Additional signage would not appear to be necessary to promote the interests of Holiday Inn of Glenwood Springs, but would add to the proliferation of signs which is expressly discouraged by the Garfield County Sign Code. E. City of Glenwood Springs - written comments will be available at the time of the Board meeting. F. State Highway Department - Off site signs must be on industrial or com- mercially zoned lands; must be no larger than 150 square feet; and must meet all other local and State agency requirements. Written comments will be avail- able at the time of the Board meeting. FINDINGS: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of Adjustment. 2. That all hearings before the Board of Adjustment were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the applicant has not demonstrated that the proposed off site sign is necessary to promote the interest of the Holiday Inn of Glenwood Springs. k • RECOMMENDATION: Denial for the following reasons: 1. The applicant has not demonstrated that the off site sign proposed is necessary to promote the interests of the Holiday Inn of Glenwood Springs. 2. The sign could have adverse visual impacts on the area, due to its location, size and illumination. 3. Approval of this variance would add to the unnecessary proliferation of signs, which is expressly discouraged by the Garfield County Sign Code. 4. Since there are several signs in the area which generally indicate the amenities available in West Glenwood Springs, granting of this variance would allow the Holiday Inn an unfair advertising advantage over other similar uses in West Glenwood Springs. • January 27, 1983 Ms. Terri Bowman County Planner 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Terri: • Cxh�b ; HAND DELIVERED The City Planning Office has reviewed the Holiday Inn request for a variance from the County sign code. For two main reasons, cited below, I would recd*mend denial of the request. Beyond the code -determined reasons for denial, I think it is fair to say the City is generally interested in minimizing the prolif- eration of signage. Reducing visual clutter is important for a strong tourist caramunity such as Glenwood Springs and requires constant vigilance. Denial is based on the following findings: 1. Under the State outdoor advertising rules and regulations, an off -premise advertising sign such as the one proposed must be located on land zoned commercial or industrial and "land between the building (Holiday Inn) and the sign structure must be continuously zoned for cccmercial or industrial uses." I understand from conversation with you that at least some portion of the land between the pro- posed sign and the Holiday Inn is zoned agricultural. On this basis alone, the variance should be denied. 2. The County sign code allows such an 'off-site" sign only if the Board of Adjustment "determines that an off-site sign... is necessary to promote the interests of the use to which it relates." We believe the applicant has not proven a need and that therefore the variance should not be granted. The Holiday Inn is a successful business of long-standing in this area. Nothing that we are aware of has materially changed that situation so as to bring about a need for the proposed sign. In fact, Holiday Inn is advertised by the most visible, if not the gaudiest, sign in the entire valley. If an off -premise sign is found to be necessary for this national franchise located adjacent J 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 303/945-2575 Ms. Terri BAIL Page -2- anuary 27, 1983 to an inter -state highway, -- then the Board of Adjustment will be hard-pressed to refuse regtiests from more modest operations who understandably would feel a need to up the ante in the advertisit.war. We fear the precedent that would be set -by approval.approval:Of the variance request. Also arguing against need in this instance, is the existence of a Department of Highways sign near the intersection of Vest first ,stmt and Highway .6 :& 24, . The' large green rectangular sign 'reads:.',Gas-400d--Lo lgi -.4 Mile" O three -lines . It already serves the purpose v hich itoliday Inn' is attempting to meet. Finally, l would ask ;the Board to consider the a variance contained in Sedtion 5.07.12 .of the sections a. and d. dealing with "aesthetically and the issue of unfair business advantage are instructive. conditions for sign code. Sub - t ming signs particularly Please accent our reccumendation and reasoning therefore into the record. of yair hearing. Sincerely yours, Stun H. Fernanddz Planning Director JF;ah 410- .` a d ' 4! • PH 1 LGAS® 6-'/1I'bi4 / • + RECEIVE; ',tet! 2 0 1.983 BULK GAS APPLIANCES BOTTLED GAS TANKS HEATING L -P GAS AND APPLIANCE CO. HOME OFFICE P.O. BOX 8 GLENWOOD SPRINGS, COL UV? iff� ,�4I..7S 1 TELEPHONE 945- 4+ January 18, 1983 Garfield County Zoning Board of Adjustment 2014 Blake Av. Glenwood Springs, Colo. 81601 Subject: Public Hearing, 4:00 PM, January 27; 1983, re Holiday Inn Sign Variance for Location in North Glenwood. Gentlemen: Please accept this letter in hearing. We believe that a 72 sq. ft. for a single user over a mile from control in that area. lieu of personal appearance at the lighted sign as a highway billboard the sign is contrary to proper sign We and our neighboring businesses have spent over $100,000 in creating the new West First Street and other improvements in anticipation of upgrading the business property in the area. Any signs in the location of the proposed Holiday Inn sigh should be compatible with and subject to the same consistent sign code as will govern our future signs and those of other business in the area. I would expect the City would have input also along these lines since the proposed location is surrounded by City property. We urge denial of the variance. cc: Meredith Flynn Very truly yours L -P GAS AND APPLIANCE CO. Lyle W. Beattie, Vice Pres. Garfield County Commissioners P. O. Box 640 Glenwood Springs, CO 81602 Gentlemen: Janu J14N 2 6 1983 C RncL ) VU. • 24, 1983 JAN 25 1983 COUNTY G;;: iiS.SieNERS /1001/6 We are writing in regard to the public notice we received concerning the Holiday Inn sign that will be placed on Highway 6 & 24. This sign will be placed in the vicinity of our home. If this sign is placed in the proposed location, the view we now enjoy of the mountains north of our home will be disturbed. We think that the Holiday Inn has a big enough (if not too big) sign advertising their location for potential customers. Communities such as Aspen have developed strict sign codes that keep sign pollution down by allowing businesses to have only small signs at the business site, and even then, the sign code in Aspen keeps the size so small the view of the surrounding mountains is not disturbed. Once you allow this sign you will be setting a precedent whereby the area will have signs all over the place. Please don't allow the Glenwood Springs area to be a Sunset Strip. We treasure our view of the mountains (my family has lived in the same location since 1924) and are asking that you please not allow the Holiday Inn to place their sign in the proposed location. Sincerely, aQ4 ...ernaeit4ec., Donald Negard Lila Leonardi Negaard 0011 County Road 164 Glenwood Springs, Co 81601 s } }pI &i4s 6X ; I I L rror. - �111F_lfal-i+" III: r1SrFf� _ 111 .��. UNITED STATES CODE SERVICE (LAWYERS EDITION) FEDERAL -AID HIGHWAYS 23 USCS § 131 subsection (b) of this section, may be paid- from sums apportioned in accordance with section 104 of this title. (b) The Secretary may classify the various types of projects involved in the elimination of hazards of railway -highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad's share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project. (c) Any railroad involved in a project for the elimination of hazards of railway -highway crossings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United States may be discharged by direct payment to the State highway department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge such liability within a six- month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the amount for which it is liable under this subsection. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and adjudged by the court that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited to miscellaneous receipts. (Aug. 27, 1958, P. L. 85-767, § 1, 72 Stat. 903.) CODE OF FEDERAL REGULATIONS Nondiscrimination in federally -assisted programs of the Department of Commerce—Effectuation of Title VI of the Civil Rights Act of 1964, 15 CFR 8.1 et seq. CROSS REFERENCES This section is referred to in 23 USCS §§ 120, 121. § 131. Control of outdoor advertising (a) The Congress hereby finds and declares that the erection and mainte- nance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the 79 23 USCS § 131 HIGHWAYS safety and recreational value of public travel, and to preserve natural beauty. (b) Federal -aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State. (c) Effective control means that after January 1, 1968, such signs, displays, and devices shall, pursuant to this section, be limited to (1) directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are required or authorized by Iaw, which shall conform to national standards hereby authorized to be promulgated by the Secretary hereunder, which standards shall contain provisions concerning the lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located, and (3) signs, displays, and devices advertising activities conducted on the property on which they are located. (d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement between the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act [23 USCS §§ 131 and notes, 135 note, 136, 319]. Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geo- graphical jurisdiction of such authority. Nothing in this subsection shall 80 FEDERAL -AID HIGHWAYS 23 USCS § 131 apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section. (e) Any sign, display, or device lawfully in existence along the Interstate System or the Federal -aid primary system on September 1, 1965, which does not conform to this section shall not be required to be removed until July 1, 1970. Any other sign, display, or device lawfully erected which does not conform to this section shall not be required to be removed until the end of the fifth year after it becomes nonconforming. (f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from interchanges on the Interstate System, on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards to be promul- gated by the Secretary. (g) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays, and devices— (1) those lawfully in existence on the date of enactment of this subsec- tion [Oct. 22, 1965], (2) those lawfully on any highway made a part of the interstate or primary system on or after the date of enactment of this subsection [Oct. 22, 1965] and before January 1, 1968, and (3) those lawfully erected on or after January 1, 1968. The Federal share of such compensation shall be 75 per centum. Such compensation shall be paid for the following: (A) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and (B) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. (h) All public lands or reservations of the United States which are adjacent to any portion of the Interstate System and the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary. (1) In order to provide information in the specific interest of the traveling public, the State highway departments are authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. (j) Any State highway -department which has, under this section as in effect on June 30, 1965, entered into an agreement with the Secretary to control the erection and maintenance of outdoor advertising signs, displays, and 81 23 USCS § 131 HIGHWAYS devices in areas adjacent to the interstate System shall be entitled to receive the bonus payments as set forth in the agreement, but no such State highway department shall be entitled to such payments unless the State maintains the control required under such agreement. Such payments shall be paid only from appropriations made to carry out this section. The provisions of this subsection shall not be construed to exempt any State from controlling outdoor advertising as otherwise provided in this section. (k) Nothing in this section shall prohibit a State from establishing stan- dards imposing stricter limitations with respect to signs, displays, and devices on the Federal -aid highway systems than those established under this section. (1) Not less than sixty days before making a final determination to withhold funds from a State under subsection (b) of this section, or to do so under subsection (b) of section 136, or with respect to failing to agree as to the size, lighting, and spacing of signs, displays, and devices or as to unzoned commercial or industrial areas in which signs, displays, and devices may be erected and maintained under subsection (d) of this section, or with respect to failure to approve under subsection (g) of section 136, the Secretary shall give written notice to the State of his proposed determination and a statement of the reasons therefor, and during such period shall give the State an opportunity for a hearing on such determination. Following such hearing the Secretary shall issue a written order setting forth his final determination and shall furnish a copy of such order to the State. Within forty-five days of receipt of such order, the State may appeal such order to any United States district court for such State, and upon the filing of such appeal such order shall be stayed until final judgment has been entered on such appeal. Summons may be served at any place in the United States. The court shall have jurisdiction to affirm the determination of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the United States court of appeals for the circuit in which the State is located and to the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254 [28 USCS § 12541 If any part of an apportion- ment to a State is withheld by the Secretary under subsection (b) of this section or subsection (b) of section 136, the amount so withheld shall not be reapportioned to the other States as long as a suit brought by such State under this subsection is pending. Such amount shall remain available for apportionment in accordance with the final judgment and this subsection. Funds withheld from apportionment and subsequently apportioned or reapportioned under this section shall be available for expenditure for three full fiscal years after the date of such apportionment or reapportionment as the case may be. (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to 82 FEDERAL-AID HIGHWAYS 23 USCS § 131 exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed S27,000,- 000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter [23 USCS §§ 101-144] relating to the obligation, period of availability and expendi- ture of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967. (n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment. (Aug. 27, 1958, P. L. 85-767, § 1, 72 Stat. 904; Sept. 21, 1959, P. L. 86- 342, Title I, § 106, 73 Stat. 612; June 29, 1961, P. L. 87-61, Title I, § 106, 75 Stat. 123; Oct. 24, 1963, P. L. 88457, § 5, 77 Stat. 277; Oct. 22, 1965, 1?. L. 89-285, Title I, § 101, 79 Stat. 1028; Sept. 13, 1966, P. L. 89-574, § 8(a), 80 Stat. 768; Aug. 23, 1968, P. L. 90-495, § 6(a)-(d), 82 Stat. 817; Dec. 31, 1970, P. L. 91-605, Title I, § 122(a), 84 Stat. 1726.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Amendments: 1958. Act Aug. 27, 1958, enacted this section to read: "Areas adjacent to the Interstate System. (a) To promote the safety, convenience, and enjoyment of public travel and the free flow of interstate commerce and to protect the public investment in the National System of Interstate and Defense Highways, it is declared to be in the public interest to encourage and assist the States to control the use of and to improve areas adjacent to the Interstate System by controlling the erection and maintenance of outdoor advertising signs, displays, and devices adja- cent to that system. It is declared to be a national policy that the erection and maintenance of outdoor advertising signs, displays, or devices within six hundred and sixty feet of the edge of the right-of- way and visible from the main-traveled way of all portions of the Interstate System constructed upon any part of right-of-way, the entire width of which is acquired subsequent to July 1, 1956, should be regulated, consistent with national standards to be prepared and promulgated by the Secretary, which shall include only the following four types of signs, and no signs advertising illegal activities: "(1) Directional or other official signs or notices that are required or authorized by law. "(2) Signs advertising the sale or lease of the property upon which they are located. "(3) Signs erected or maintained pursuant to authorization or permitted under State law, and not inconsistent with the national policy and standards of this section, advertising activities being conducted at a location within twelve miles of the point at which such signs are located. 83 23 USCS § 131 HIGHWAYS "(4) Signs erected or maintained pursuant to authorization in State Iaw and not inconsistent with the national policy and standards of this section, and designed to give information in the specific interest of the traveling public. "(b) The Secretary of Commerce is authorized to enter into agreements with State highway departments (including such supplementary agree- ments as may be necessary) to carry out the national policy set forth in subsection (a) of this section with respect to the Interstate System within the State. Any such agreement shall include provisions for regulation and control of the erection and maintenance of advertising signs, displays, and other advertising devices in conformity with the standards established in accordance with subsection (a) of this section and may include, among other things, provisions for preservation of natural beauty, prevention of erosion, landscaping, reforestation, devel- opment of viewpoints for scenic attractions that are accessible to the public without charge, and the erection of markers, signs, or plaques, and development of areas in appreciation of sites of historical signifi- cance. Upon application of the State, any such agreement may, within the discretion of the Secretary of Commerce, consistent with the national policy, provide for excluding from application of the national standards segments of the Interstate System which traverse incorpo- rated municipalities wherein the use of real property adjacent to the Interstate System is subject to municipal regulation or control, or which traverse other areas where the land use is clearly established by State law as industrial or commercial, and any such segment excluded from the application of such standards shall not be considered in computing the increase of the Federal share payable on account thereof. "(c) Not withstanding the provisions of section 109 of this title, if an agreement pursuant to this section has been entered into with any State prior to July 1, 1961, the Federal share payable on account of any project on the Interstate System within that State provided for by funds authorized under the provisions of section 108(b) of the Federal -Aid Highway Act of 1956, as amended by section 8 of the Federal -Aid Highway Act of 1958, to which the national policy and the agreement apply, shall be increased by one-half of one per centum of the total cost thereof, not including any additional cost that may be incurred in the carrying out of the agreement. The increase in the Federal share which is payable hereunder shall be paid only from appropriations from moneys in the Treasury not otherwise appropriated, which such appro- priations are hereby authorized. "(d) Whenever any portion of the Interstate System is located upon or adjacent to any public lands or reservations of the United States, the Secretary of Commerce may make such arrangements and enter into such agreements with the agency having jurisdiction over such lands or reservations as may be necessary to carry out the national policy set forth in subsection (a) of this section, and any such agency is autho- rized and directed to cooperate fully with the Secretary of Commerce in this connection. 84 FEDERAL -AID HIGHWAYS 23 USCS § 131 "(e) Whenever a State shall acquire by purchase or condemnation the right to advertise or regulate advertising in an area adjacent to the right-of-way of a project on the Interstate System for the purpose of implementing this section, the cost of such acquisition shall be consid- ered as a part of the cost of construction of such project and Federal funds may be used to pay the Federal pro rata share of such cost. Reimbursement to the State shall be made only with respect to that portion of such cost which does not exceed 5 per centum of the cost of the right-of-way for such project." 1959. Act Sept. 21, 1959, in subset. (b), in the third sentence, substi- tuted "Agreements entered into between the Secretary of Commerce and State highway departments under this section shall not apply to those segments of the Interstate System which traverse commercial or industrial zones within the presently existing boundaries of" for "Upon application of the State, any such agreement may within the discretion of the Secretary of Commerce consistent with national policy, provide for excluding from application of the national standards segments of the Interstate System which traverse" and inserted ", as of the date of approval of this Act," following "land use". 1961. Act June 29, 1961, in subsec. (c), substituted "1963" for "1961". 1963. Act Oct. 24, 1963, in subsec. (c), substituted "1965" for "1963". 1965. Act Oct. 22, 1965, reenacted this section. 1966. Act Sept. 13, 1966, in subsec. (m), substituted the last sentence for the former last sentence, which read: "No part of the Highway Trust Fund shall be available to carry out this section." 1968. Act Aug. 23, 1968, in subsec. (d), inserted the third sentence; In subsec. (j), at the end of the first sentence, deleted "or the control required by this section, whichever control is stricter"; In subsec. (m), substituted "not to exceed $20,000,000 for the fiscal year ending June 30, 1967, and not to exceed 52,000,000 for the fiscal year ending June 30, 1970" for "and not to exceed $20,000,000 for the fiscal year ending June 30, 1967" and "this chapter" for "chapter 1 of this title" and deleted "," following "availability"; Added subsec. (n). 1970. Act Dec. 31, 1970, in subsec. (m), substituted "not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed 527,000,000 for the fiscal year ending June 30, 1971, not to exceed 520,500,000 for the fiscal year ending June 30, 1972, and not to exceed 550,000,000 for the fiscal year ending June 30, 1973" for "and not to exceed 52,000,000 for the fiscal year ending June 30, 1970". Short titles: Section 403 of Act Oct. 22, 1965, provided: "This Act [23 USCS §§ 131 and notes, 135 note, 136, 319] may be cited as the 'Highway Beautification Act of 1965'." 85 MIME 23 USCS § 131 HIGHWAYS Other provisions: Estimate and study—Report. Section 302 of Act Oct. 22, 1965, pro- vided: "In order to provide the basis for evaluating the continuing programs authorized by this Act [23 USCS §§ 131 and notes, 135 note, 136, 319], and to furnish the Congress with the information necessary for authorization of appropriations for fiscal years beginning after June 30, 1967, the Secretary, in cooperation with the State highway depart- ments, shall make a detailed estimate of the cost of carrying out the provisions of this Act [23 USCS §§ 131 and notes, 135 note, 136, 319], and a comprehensive study of the economic impact of such programs on affected individuals and commercial and industrial enterprises, the effectiveness of such programs and the public and private benefits realized thereby, and alternate or improved methods of accomplishing the objectives of this Act [23 USCS §§ 131 and notes, 135 note, 136, 319]. The Secretary shall submit such detailed estimate and a report concerning such comprehensive study to the Congress not later than January 10, 1967." Rules and regulations. Section 303 of Act Oct. 22, 1965, provided: "(a) Before the promulgation of standards, criteria, and rules and regula- tions, necessary to carry out sections 131 and 136 of title 23 of the United States Code [this section and 23 USCS § 136], the Secretary of Commerce [Transportation] shall hold public hearings in each State for the purpose of gathering all relevant information on which to base such standards, criteria, and rules and regulations. "(b) The Secretary of Commerce [Transportation] shall report to Congress, not later than January 10, 1967, all standards, criteria, and rules and regulations to be applied in carrying out sections 131 and 136 of title 23 of the United States Code [this section and 23 USCS § 136]." Condemnation of dwelling prohibited. Section 305 of Act Oct. 22, 1965, provided: "Nothing in this Act [23 USCS §§ 131 and notes, 135 note, 136, 3193 or the amendments made by this Act shall be construed to authorize the use of eminent domain to acquire any dwelling (including related buildings)." Just compensation for taking of private property. Section 401 of Act Oct. 22, 1965, provided: "Nothing in this Act [23 USCS §§ 131 and notes, 135 note, 136, 319] or the amendments made by this Act shall be construed to authorize private property to be taken or the reasona- ble and existing use restricted by such taking without just compensa- tion as provided in this Act [23 USCS §§ 131 and notes, 135 note, 136, 319]." Appropriation. Section 402 of Act Oct. 22, 1965, provided: "In addi- tion to any other amounts authorized by this Act [23 USCS §§ 131 and notes, 135 note, 136, 319] and the amendments made by this Act, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary of Commerce [Transportation] not to exceed $5,000,000 for administrative expenses in carrying out this Act (including amendments made by this Act) [23 USCS §§ 131 and notes, 135 note, 136, 319]." 86 FEDERAL -AID HIGHWAYS 23 USCS § 131 Highway Beautification Commission. Section 123 of Act Dec. 31, 1970, provided: "(a) There is hereby established a commission to be known as the Commission on Highway Beautification, hereinafter referred to as the "Commission". "(b) The Commission shall be comprised of eleven members as follows: "(1) two majority and two minority members of the Senate Commit- tee on Public Works to be appointed by the President of the Senate; "(2) two majority and two minority members of the House Commit- tee on Public Works to be appointed by the Speaker of the House of Representatives; "(3) three persons to be appointed by the President of the United States from among persons who are not officers or employees of the United States. "(c) The Chairman shall be elected from among the members of the Commission by a majority vote of such members. Any vacancy which may occur on the Commission shall not affect its powers or functions but shall be filled in the same manner in which the original appoint- ment was made. "(d) The organization meeting of the Commission shall be held at such time and place as may be specified in a call issued jointly by the senior member appointed by the President of the Senate and the senior member appointed by the Speaker of the House of Representatives. "(e) Six members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. "(f) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. "(g) Members of the Commission who are not Members of Congress or officers or employees in the executive branch shall each receive 5100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. "(h) The Commission shall (1) study existing statutes and regulations governing the control of outdoor advertising and junkyards in areas adjacent to the Federal -aid highway system; (2) review the policies and practices of the Federal and State agencies charged with administrative jurisdiction over such highways insofar as such policies and practices relate to governing the control of outdoor advertising and junkyards; (3) compile data necessary to understand and determine the require- ments for such control which may now exist or are likely to exist within the foreseeable future; (4) study problems relating to the control of on -premise outdoor advertising signs, promotional signs, directional signs, and signs providing information that is essential to the motoring public; (5) study methods of financing and possible sources of Federal funds, including use of the Highway Trust Fund, to carry out a 87 23 USCS § 131 HIGHWAYS highway beautification program; and (6) recommend such modifications or additions to existing laws, regulations, policies, practices, and demonstration programs as will, in the judgment of the Commission, achieve a workable and effective highway beautification program and best serve the public interest. "(i) The Commission shall, not later than one year after the funding of this section submit to the President and the Congress its final report. It shall cease to exist six months after submission of said report. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. "(j) The Chairman of the Commission shall request the head of each Federal department or independent agency which has an interest in or responsibility with respect to the control of outdoor advertising and of junkyards to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staf in matters pertaining to this section. "(k) In carrying out its duties the Commission shall seek the advice of various groups interested in the problems relating to the control of outdoor advertising and junkyards including, but not limited to, State and local governments, public and private organizations working in the fields of environmental protection and conservation, communications media, commercial advertising interests, industry, education, and labor. 'W The Commission or, on authorization of the Commission, any committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued only on the authority of the Commission and shall be served by anyone designated by the Chairman of the Commission. "(m) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman. "(n) There are hereby authorized to be appropriated such sums, but not more than $200,000, as may be necessary to carry out the provisions of this section and such moneys as may be appropriated shall be available to the Commission until expended. "(o) The Commission is authorized to appoint and fix the compensa- tion of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to provisions of title 5, United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title [5 USCS §§ 5101-5115, 5331- 88 Mir FEDERAL -AID HIGHWAYS 23 USCS § 131 5338] relating to classification and General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall the staff director or any other employee receive as compensation an amount in excess of the maximum rate for GS -18 of the General Schedule under section 5332 of title 5, United States Code [5 USCS § 5332]. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code [5 USCS § 3109], but at rates not to exceed $100 per diem for individuals. "(p) The Commission is authorized to enter into contracts or agree- ments for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner." CODE OF FEDERAL REGULATIONS Nondiscrimination in federally -assisted programs of the Department of Commerce—Effectuation of Title VI of the Civil Rights Act of 1964, 15 CFR 8.1 et seq. National standards for regulation by states of outdoor advertising signs, displays and devices adjacent to the national system of interstate and defense highways, 23 CFR 20.1 et seq. National standards for directional and other official signs, 23 CFR 21.1 et seq. National standards and criteria for official highway signs within interstate rights-of-way giving specific service information for the traveling public, 23 CFR 22.1 et seq. RESEARCH GUIDE Annotations: Abutting owner's right to damages for limitation of access caused by conversion of conventional road into limited -access highway. 42 ALR3d 13. Measure and elements of damage for limitation of access caused by conversion of conventional road into limited -access highway. 42 ALR3d 148. Law Review Articles: Legal techniques to protect and to promote aesthetics along transporta- tion corridors. 17 Buffalo L Rev 701. Highway beautification act of 1965: a case study of legislative frustra- tion. 46 Denver LJ 437. Limited access highways—rights of abutting landlords. 3 Willamette LJ 52. 89