HomeMy WebLinkAbout12/04/2002=t"FrINM =
of Adjustment on December 4, 2002, at �:-30 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29 Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
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A. Case No. TUP-02-05 (continued from October 24, 2002): An application filed
• Trugreen Landcare for approval of a one-year Temporary Structure Pennit to
allow an office trailer on property zoned Commercial-Two (C-2) and located at
8935 West 44 Avenue.
B. Case No. WA-02-12: An application filed by Christopher Murray for approval of
a 3'9" fence height variance to the 6' maximum height allowed resulting in a 9'9"
high fence on property zoned Residential-One B (R-IB) and located at 3739
Chase Street.
D. Case No. WA-0245: An application filed by James & Jeremy Frisk for
Longshots Bar & Grill for approval of a complete waiver of Section 26-502
(Landscape Requirements) and a variance of 10 parking spaces from the required
61 spaces resulting in 51
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parking spaces on property zoned Cmercial-One (C-
1) and located at 4400 Ward Road.
E. Case No. WA-02-16: An application filed by Colin Wells for approval of a 10
foot front yard setback variance from the 30 foot front yard setback requirement
resulting in a 20 foot front yard setback for property zoned Residential-Two (R-2)
and located at 6670 W. 30' Avenue.
7. NEW BUSINESS
A. Approval of minutes — October 24, 2002
B. Election of Officers
FROM: Michael Pesicka
SUBJECT: TUP-02-05/Trugreen
Case No. TUP-02-05 will be continued to the January 23, 2003 Board of. juste ent Meeting. The
applicant failed to meet the deadline for the posting requirement of November 20, 2002. A certified
letter was mailed to the applicant, with a schedule of required deadlines for the January meeting,
Failure to comply with the schedule will result in the case being withdrawn, and a summons issued to
remove the temporary office trailer.
Please call me with any questions at: 303-235-2845.
Thank you.
DATE POSTED: November 20, 2002
DATE LEGAL NOTICES SENT: November 14, 2002
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
SUBDIlqSION REGULATIONS
(X) EXHIBITS
(X) OTHER
0
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
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Board of Adjustment
Case no./Name
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uy, aurvag *tner mings, impairing; toe auetuate suppky ot tigat ano air to a(Ijacent
property, substantially increasing the congestion in public streets or increasing the
darrver *f fire +r P - tifanf ar
The requests would not result in a contribution • benefit to the neighborhood, and would
merely
• a convenience for the property owners, The requests would not result in a
reasonable accommodation of a person with disabilities.
•
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Board of Adjustment 4
Case no./Narne
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TO: Board of Adjustment
DATE OF MEETING:
December 4, 2002 DATE PREPARED: November 20, 2002
CASE NO. & NAME:
WA-02- 14/Burger ding
CASE ;MANAGER:
Travis Crane
ACTION REQUESTED:
Approval of 6 foot setback variance from the required 10 fret setback for a
freestanding sign, resulting in a 4 foot setback AND a request for a 2 foot setback:
variance from the required 5 foot setback for a second freestanding sign resulting
in a 3 foot setback AND a request for a 9 foot sign height variance from the
maximum allowable 15 foot sign height resulting in a 24 foot high sign.
LOCATION OF REQUEST:
3800 Wadsworth Boulevard
NAME &c ADDRESS OF APPLICANT (S): Dan Boyle
1639 S. Lee Street
Lakewood, Colorado 80232
NAME & ADDRESS OF OWNER (S): Wheatridge Marketplace (H. Lee Ambrose)
315 Shadow Lake Court
Grand Junction, Colorado 81503
PDXI TE A:
25,011 square feet (.57 Acres)
PRESENT ZONING:
C -1 (Commercial One)
PRESENT LAND USE:
past Food Restaurant
SURROUNDING ZONING:
N, E &cW: Commercial One? S: Planned Commercial Developme
SURROUNDING LAND USE:
N S, E» Commercial
:HATE PUBLISHED:
November 1.4, 2002
DATE POSTED:
November 20, 2002
DATE LEGAL NOTICES SENT: November 20, 2002
L REQUEST
The property in question is located at 3800 Wadsworth Boulevard, and is currently a fast food
restaurant, The property is zoned Commercial One (Exhibit 1, Zoning Map).
111. SITE PLAN
The applicant has submitted a site plan that depicts the location of the proposed signs (Exhibit 6,
Future Site Plan). The Code of Laws states that comer lots are allowed one freestanding sign per
street frontage. The lot has street frontage on both Wadsworth and 38 Avenue,
Board of Adjustment
Since there are three variance requests, each one will be discussed separately
Board • Adjustment
3
Request A B & C: The lot does not have a unique shape. It is a typical commercial lot,
and is relatively flat. There is no minimum lot size in the C- I district; however, all of the
development standards such as parking and minimum landscaping must be met. There are
several mature trees on each street frontage that may hinder sign visibility.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property? .
Rtqyest A: The applicant has not created a self-imposed hardship, This sign did exist
legally on the Wadsworth Boulevard frontage at the time of the issuance of the building
permit; however the sign has "shifted" off the subject property due to the acquisition of
right-of-way.
gtqRest B: The applicant has not created a self-imposed hardship. This sign did exist
legally on the 38 th Avenue frontage at the time of the issuance of the building permit. The
acquisition of right-of-way has made the existing sign setback non-conforming.
0
Reguest A, B & C: The requests would not be detrimental to the public welfare or
injurious to other properties in the area. The adequate supply of light and air would not be
Beard of Adjustment
WA-02-14/Burger Ding
With the fallowing conditions:
1. The sign that currently exists be removed prior to installation of the new sign.
. The sign shall be the same dimensions as indicated in "exhibit 7 ", as
contained in the case file.
!c nest %-
Upon review of the above request, staff concludes that the above criteria are supportive of the
variance request. Staff has found that there are unique circumstances attributed to this request
that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the
following reasons:
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be filled out by staff.
xo: Dan Boyle, Bm Corp,
150 EAST 29TH STREET AALI�IEt� GARDENS, SUITE 200 LOVELAND, COLORADO 80538 970/669 -9060
FACSIMILE 970/669 -9066
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PRESENT ZONING:
Commercial-One
PRESENT LAND USE:
Bar
SURROUNDING ZONING:
N, E: PCD; S, W: C -1
SURROUNDING LAND USE:
N, E: Mini- storage facility; : gas station, W: retail
trailer sales
DATE PUBLISHED:
November 14, 2002
DATE POSTED:
November 20, 2002
DATED LEGAL NOTICES SENT.
November 20, 2002
ENTER INTO RE CO RD:
___ ____.._-_,�_ ...._
() COMPREHENSIVE PLAN
(X) CASE :PILE & PACKET MATERIALS
(X) ZONING ORDINANCE
0 SLIDES
0 SUBDIVISION REGULATIONS
(X) EXHIBITS
0 OTHER
JURI SDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met. Therefore, there is jurisdiction to .hear this
case.
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I. REQUEST
Attached as Exhibit 4 is the applicant's justification for the waiver
H. CASE STORY/SITE CONDITIONS
A landscaped strip 5' in width is located within the Ward Road right-of-way. It contains an elm tree and weeds.
•
2400 s-.,uare feet, Staff was unable
to ascertain when the landscaping in the right-of-way was installed, although it appears to have been there or
installed when the gas station was converted to a restaurant. It is the adjacent property owners' responsibility •
maintain the landscaping in the right-of-way.
In February of 2001, the zoning code was rewritten which increased the minimum landscaped coverage in
commercial zones from 10% to 20%.
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The applicant is desirous of enclosing the patio area so it can be used year round. The existing structure is 2100
square feet in area. The proposed addition is 2180 square feet in size (Exhibit 7, site plan for addition), Pursuanj
to Section 26-502(C),4..."For properties with existing development, landscaping in addition to existing
landscaping shal I be required on a percentage basis . - ...... up to the maximum required for that district," Because
this is a 100 % increase in building area, and there is no landscaping on the site, the full 20% coverage can be
required, plus all other pertinent sections of the commercial landscaping requirements cited by staff in Section 1.
There is no problem with required setbacks for the proposed addition, Based on lot size, twenty percent
landscaped coverage would compute to 5750 square feet,
There does not appear to be room on the south and western side of the property for additional landscaping,
although there are a couple of parking lot islands which could be converted to planting areas. The parking area
on the eastern side • the building is very wide with the parking aisle exceeding the minimum width for drive
aisles. This area could accommodate new landscaping.
REM
Pursuant
• section 26-502 ... ."such request shall be referred to the city forester for recommendations and
suggestions, especially regarding alternatives to total waiver requirements (for example, substituting planter
boxes or hanging baskets for normal ground landscaping),"
This case will be reviewed by the Urban Renewal Authority on December 2, 2002. Comments generated will be
given to the BOA at the December 4, public hearing.
Board of Adjustment
December 4, 2002
Mi
4. Has the alleged difficulty or hardship been created by any person presently having an interest in
the property?
The hardship has been self imposed.
Granting of the variance would not be detrimental to the public welfare, would not impair light and air to
adjacent properties, and would not increase fire danger or congestion in the public streets. Staff
concludes that a total waiver is inconsistent with the city's goals to improve nonconforming commercial
properties in the city. We believe there are reasonable alternatives available to enhance existing
landscaping,
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or
contribution to the neighborhood or the community, as distinguished from an individual benefit on
Board of Adjustment
December 4, 2002
V
the part of the applicant, or would granting of the variance result in a reasonable accommodation
of a person with disabilities?
Enhancement of the existing landscaping would be a benefit to the neighborhood. Granting of the
variance would not result in the accommodation of a person with disabilities,
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be filled out by staff.
T072
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In the event of l oss , Borrower s g prompt not proof o
not made promptl b y Borr
Insurance proceeds shall be applied to mstoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed o f T rust i not t i m p a i red . such restorat or •.
ftasible or if the security o woul be im paired , the insurance proceeds beapplied to the sums secured b
Deed of Trust with theexms, if any, paid to Borrower. If the Property is abandoned by Borrower, or irBorrower fails to respond to
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Page 2
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to in paragraphs 4 (Payment of Principal and Interest] and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of
such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release., in any manner, the liability of the
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W itness my hmW and official seal.
My commission expires: __ t r- � r ' . � `Y/t ✓''
#44M�wt�f f��ffr`rrx,, Notary as
43 15 Wadsworth Bou levartt Wheat Ridge; Colomdo 8063
Page 4
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Because of this property's location at the comer of 44 and Ward, we already have a
large portion of the property landscaped. We are aware that a majority of this
belongs to the city of Wheat Ridge. Please consider if we were to add an additional
20%, 40% of the total comer lot would be landscaped.
We do understand the importance of commercial property appearance and fully
intend to maintain all existing landscaping by replacing rock and having trees
professionally maintained.
. ♦ . • ♦ • . . . • . . ♦ . . • . . . . . . .
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EXHIBIT 4
November Fi, 2002
Page 2
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SURROUNDING ZONING: N, E, & W, -2, , R -I & R -2
SU RROUNDIN G 1 USE: N E & W Single Family; � Sin Family & Open Spa
DATE PUBLISHED: • 10
DATE POSTED: November 2 0, 2002
DA TE LEGAL NOTICES SENT: November 14. 2002
0
JURISDICTION:
The property is Within the City of Wheat Ridge, and all notification and posting requirements have
been met, therefore, there is jurisdiction to hear this case.
11. SITE PLAN
The applicant has submitted a site plan showing the location for the proposed addition
(E�xhibit 5, Site Plan). At approximately 9,375 square feet the property exceeds the mm'imum
lot area requirements for a single-family home in the R-2 zone district. The property has lot
frontage
• 75 feet, whichmeets the minimum lot width requirement for a single-family
residence in the R-2 zone district, The proposed addition will not affect any utility easements
on the property (Exhibit 6, Improvement Location The proposed
addition would be attached to the existing garage and access would be gained from the
existing driveway If the 556 square foot additionis built, the
property will not exceed the 40% maximum allowable building coverage in the R-2 zone
district.
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2. If the variance were granted, would it alter the essential character of the locality?
If the garage is built, the essential character of the locality could be altered. There are •
other properties on the block with substantial encroachments into front yard setbacks. The
average front yard setback of ad acent properties is approximately 28 feet, However,
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viable alternative exists that would be of less impact to the locality than what the applicant
has proposed.
Board of Adjustment
N
WA-02-09/Gibson
The request would not be detrimental to the public welfare or injurious to other properties
in the area. The adequate supply • light and air would not be compromised as a result •
these requests. The request would not increase congestion in the streets, nor increase the
danger of fire. The request would most likely not have an effect on property values in the
neighborhood.
6. If criteria I through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
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request would not result in a reasonable accommodation of a person with disabilities,
9
Board of Adjustment 4
WA-02-09/Gibson
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Last Revision: 5e umber 10, 2401
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EXHIBIT 4
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With the above stated, I certainly hope the review comm tee will review t e
information contained within this submittal, and make a determination for variance
approval. If additional information is required or changes to improvement must be
considered, I will be hapi2l to entertain input and will Rrovide feedback as reguired.
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Chair MONTOYA asked if there were others who wished to address this matter. There
was no response and the public hearing was closed.
Because Board Member BLAIR arrived at the meeting after the presentation was made,
he agreed to abstain from voting on this matter.
There was discussion concerning the posting • the property. Board Member
ECHELMEYER stated that he walked around the property and could find no evidence of
a sign. Meredith Reckert stated that the posting certificate had not been returned to the
city.
5. CLOSE THE PUBLIC HEARING
Chair MONTOYA declared the public hearing closed.
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JERRY MONTOYA, Chair
Board of Adjustment
• • •
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