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HomeMy WebLinkAboutWA-13-01City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.2352846 F: 303.235.285 131' � Diane McClelland Boston Market Corporation 14103 Denver West Parkway Golden, CO 80401 Dear Ms. McClelland: 0 11 R*WW 4 1 frl* I L*j MOO W. M,= 11S # Ke The motion was made for an 8-foot variance from the 7-foot maximum height standard for free standing sign resulting in a I 5-foot high sign. The motion failed by lack of positive votes in favor of the applicant, therefore, the request is denied. # Enclosures: Certificates of Resolution Draft of Minutes cc: Mike Pharo WA - -41 (case file) mm== www.d.wheatridge.co.us MIMS I OK41 IM01 101BU L#111M I# CASE NO: WA-13-01 APPLICANT'S NAME: Boston Market Corporation LOCATION OF REQUEST: 3820 Wadsworth Boulevard Aunumstrativo Officer; and WHEREAS the Board of Adjustment application Case No. WA-1 3-01 is an appeal to the Board from the decision ♦ Administrative Officer; and that there were no protests registered against it; and q WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantiall��vairinq the Wheat r Ridge. , Me" 1 1111lig 11 TYPE OF VARIANCE: An 8-foot variance from the 7-foot maximum height standard for free standing sign in Mixed Use-Commercial zone district, thereby making a 15-foot maximum height. 1. Wadsworth is a vehicular corridor and sight is limited with the existing sign. 3. The design is to be as presented. VOTE: YES: BANGHART, BELL, GRIFFITH, HOVLAND NO: ABBOTT, GRIEGO, WALTER, HEDDON DISPOSITION: Failing to receive a super majority of six affirmative votes, the request approval of a variance to height standard for a freestanding sign was DENIED. 11 The meeting was called to order by Chair ABBOTT at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: KI H 9MERM•�� Effam- ME=! Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I A. Case No. WA-13-01: An application filed by Boston Market for approval • a 9-foot variance from the maximum 7-foot height limit and a 20 -foot variance from the 30- foot setback requirement, resulting in a 16-foot tall fi sign with a 10-foot setback on property zoned Mixed Use-Commercial (MU-C) an d located at 3820 Wadsworth Boulevard. The case was presented • Lauren Mikulak. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. Ms. Mikulak reviewed the staff report and digital presentation. The purpose of the variance request is Board of Adjustment Minutes February 28, 2013 to allow the applicant to replace an exisJinqYwqaITffeT,,t qiTA uritlr 9 zoning, tne propose sign, and several alternatives. Having found the alaulication not in co staff gave a reconunendation of denial. Board Member GRIEGO asked how nonconforming signs, such as the tall freestanding Burger King sign, are treated in the code. Ms. Mikulak stated that nonconforming si are allowed to be kept or modified as long as they do not increase the nonconformity. The sign code does not require nonconforming signs to be removed by a certain date. All newly constructed signs have to meet current standards. Board Member BELL stated she could understand why the applicant wants additional height for the sip given the presence of other taller sips on Wadsworth. The setback of the building from the street reduces visibility of wall sips especially compared to the bility of the Burger King sip. Board Member BELL inquired about the height of the retaining wall along the front property line. Ms. Mikulak stated the wall is about 2.5 feet tall. Board Member BELL commented that the height of the wall affects visibility of the existing Boston Market sign. Board Member HOVLAND commented on the addition of the digital cabinet on the Burger King sign. Ms. Mikulak stated that the digital portion is allowed because it does not increase the nonconformity and is within the signs size limits. The allowed area of a sign is based on building size, and Boston Market could also increase the size of their sign and add an LED sign. # 011400*61 4 !A# Board Member E Mem er BELL commented Board of Adjustment Minutes February 28, 2013 Chair ABBOTT commented that the future design of Wadsworth is unknown and the timing of a widening is unknown. Ms. Mikulak agreed these are unknown but stated that funds have been secured for a priority area for the City. whY was in the audience. Mr. Pharo expressed disagreement with the long term view of Wadsworth as a pedestrian-oriented environment, and stated it is and will ntiirn Mr. Pharo described the in ui # # # in me report an(I presentation. Mr. Pharo stated the alternatives do not allow a taller sign, and therefore do not solve the issue of visibty to vehicles. Board of Adjustment Minutes February 28, 2013 explained the 16-foot Zuest was based on wr(gf, t 'Ut k Pull IFF-1 Ms. Mikulak responded to a comment that 30 foot setbacks seem exorbitant. Tie City typically does not allow signs above 15 feet unless a property is within a Y4-mile of th interstate. In that instance a sign may be up to 50 feet tall to be seen by interstate traffic, but a sign from 15 to 50 feet tall requires a 30 foot setback. This site is not within a Vi-mile of the interstate. Board Member BELL asked if the street trees could be trimmed or modified. Ms. Recker( stated the trees belong Ao cmpact the shape. n i on instead of based on a period of time. er BELL expressed dis Yeelffe-ft viiA There was some discussion on how the U BELL, the following resolution was stated: WHEREAS, application Case No. WA-13-01, applicant name Boston Market, location at 3820 Wadsworth Blvd. WHEREAS, the application was denied permission by Administrative Officer-, and fig �EAS I the It WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the Intent and purpose of the regulations governing the City of Wheat Ridge. Board of Ad ustment Minutes 1 i February 28, 2013 TYPE of VARIANCE: An 8-foot variance from the 7-foot maximum height standard for free standing sign In Mixed Use-Commercial zone district, thereby making a 15-foot maximum height. For the following reasons: I. Wadsworth is a vehicular corridor and sight is limited w ith the existing sip. 2. There are a number of non-confor s i the vicinity which block and distract from the lower height of the Boston Market sign. 3. The design is to be as presented. is granted specifically to the design which was presented by the applicant. Chair ABBOTT confirmed thi was true. na L=c Member WALTER stated she intended to vot 11 1 - 1 4 1 . 4 Chair ABBOTT called for a vote and advised that a super majority of 6 affirmative votes would be required for approval. VAIL'I M I Of Z "e setback variance is no longer applicable. Chair ABBOTT encouraged the applicant to continue to work with the Cit an d th them for having their business in Wheat Ridge, Board Member BELL asked if there was a time limit for Boston Market to s u b m it an alternate proposal. Ms. Reckert stated the applicant ma request a re-hearing in front of Board of Adjustment Minutes February 28, 2013 IRS! FIRE III I I Chair ABBOTT closed the public hearin& There was some discussion on orientation t new members Attorney, stated Mikulak staff could arrange training ! discuss ! of the Board. 7. NEW BUSINESS A. Approval of Minutes — May 24, 2012 It was moved by Board Member BELL and seconded by Board Membe BANGRART to approve the minutes as written. The motion passed 7-0 w ith B Member abstaining. « « « elected Paul Griffith was elected to serve as Chair of the Board of Adjustment. Lily Griego was to serve as Vice Chair of Board of Adjustment. C. Resolution Designating a Public Place for Posting of Notices of Public Meeting. « « t as « w « the « « « + i « Meetings The t «a passed 8-0. CASE NO. —WA-13-01 — DATE: Feb 28, 2013 (n a Public Hearing at 3820 Wadsworth Boulevard (I o c a t i o n) on this 14"' day of FebKqa_� and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted-ifi position shown on the map below. J Z City of �c o MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26- 109.13) February 14, 2013 Dear Property Owner: This is to inform you of Case No. WA -13 -01 which is a request for approval of a 9 -foot variance from the maximum 7 -foot height limit and a 20 -foot variance from the 30 -foot setback requirement, resulting in a 16 -foot tall freestanding sign with a 10 -foot setback on property zoned Mixed Use - Commercial (MU -C) and located at 3820 Wadsworth Boulevard. This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on February 28, 2013 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WA1301.doc www.ci.wheatridge.co.us to VICINITY MAP - YUKON CT -- ___ __ __ -_. V cp O V W � O VAN CE ° w U rp � n w D 0 w w o c � cn rr WADSWORTH-BLVI 0 0 ,p w O c0 d C y CT 0 W UPHAM - ST a YARROW —ST r _ D m I 3 0 r c� 0 N O UPHAM-ST 8 WADSWORTH BOX 370 DENVER , :0 7 012 1010 0001 7277 491 : , INVESTME < YARROW LAKEWOOD CO 80 , 7012 1012 0171 7277 496 H AMMOND LA , COMPANY 763 W 39TH A WHEAT R e ;„ <■<» 1010 2201 7277 4998 HOLDIN .,, WINTER BERRY » C ASTLE ROCK O 80108 7012 1010 0001 7277 4943 CALKINS BRADLEY H s BRADLEY PETROLEUM I 72 68 S TUCSON WAY ENGLEW CO _,: 701 1010 0001 7277 4974 37 90 WADSWORTH BLVD WHEAT RIDGE CO :, 7022 » »»s 0001 7277 7 002 \ ^)^ 0 80 � \ 2# 1011 1701 <fi< � , , • � •� w • , x 2 821 S PARKER 'D AURORA CO _,,., 1 3 ), 3 �6.4 Case No. WA-13-01: An application filed by Boston Market for approval of a 9-foot variance from the maximum 7-foot height limit and a 20-foot variance from the 30-foot setback requirement, resulting in a 16-foot tall freestanding sign with a I 0-foot setback on property zoned Mixed Use-Commercial (MU-C) and located at 3820 Wadsworth ~ Kim Waggoner, Administrative Assistant CITY OF WHEAT RIDGE The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridge.co.us, Legal Notices, Copies are also available in printed form in the Community Development Department. LZEA-AMEM � � z �s .-'j oll 2'R Typ - aD 2 0 -, 0 " 1A 8'R S� I < 31 j 2'R Typ - aD 2 0 -, 0 " 1A 8'R S� D 1H.C. RAMP DETAIL E IPAVER DETAIL F H.C. PARKING SIGNAGE VR 3'R PAINTED TRAFFIC ARROW I < u Li u u cr- m wn � - � ME�� - - V4�j 2 j D 1H.C. RAMP DETAIL E IPAVER DETAIL F H.C. PARKING SIGNAGE VR 3'R PAINTED TRAFFIC ARROW �1-5101 cc 1 0- 5 u a t 0A I ffiSf CMH THAT ITIESE fl-kNS HUE On PRE - PAM UNDER MY SUFERIWW� ANO THAT TO THE W7 Of MY 0 TIE SAME CNPj NTH. AIL RULES RMULATIONS AX6 ORPINANOES 1,T MLq_-@LL,,Q PELAING TO STRUCTIURES, AND �UH-OtNrS. ARCHITECT 95-101\- SP-1 I I < u Li u u cr- m < �1-5101 cc 1 0- 5 u a t 0A I ffiSf CMH THAT ITIESE fl-kNS HUE On PRE - PAM UNDER MY SUFERIWW� ANO THAT TO THE W7 Of MY 0 TIE SAME CNPj NTH. AIL RULES RMULATIONS AX6 ORPINANOES 1,T MLq_-@LL,,Q PELAING TO STRUCTIURES, AND �UH-OtNrS. ARCHITECT 95-101\- SP-1 I 4 4 1 Cit or wheat P,, CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CASE MANAGER: CASE NO. & NAME: Board of Adjustment Lauren Mikulak WA -13 -01 /Boston Market MEETING DATE: February 28, 2013 ACTION REQUESTED: Approval of (A) a 9 -foot variance from the 7 -foot height maximum and (B) a 20 -foot variance from the 30 -foot setback requirement for a freestanding sign on property located at 3820 Wadsworth Boulevard and zoned Mixed Use - Commercial (MU -C) LOCATION OF REQUEST: 3820 Wadsworth Boulevard APPLICANT (S) PROPERTY OWNER (S): APPROXIMATE AREA: Boston Market Corporation Wheat Ridge 08 A, LLC 41,730 Square Feet (0.958 acres) PRESENT ZONING: Mixed Use - Commercial (MU -C) PRESENT LAND USE: Boston Market Restaurant with drive - through ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE (X) COMPREHENSIVE PLAN Location Map Site Board of Adjustment Case No. WA -13 -01 /Boston Market All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of two variance requests: Request A: Approval of a 9 -foot variance (129 %) variance from the 7 -foot maximum height for freestanding signs in the Mixed Use - Commercial zone district, and Request B: Approval of a 20 -foot (66 %) variance from the 30 -foot setback requirement for a freestanding sign over 15 feet in height. The purpose of the variance application is to allow the applicant to replace an existing monument sign with a new monument si n that is 16 feet in height and located 10 feet from the front (western) property line Section 26 -115.0 (Variances and waivers) of the Wheat Ridge City Code empowers the Board of Adjustment to hear and decide on variances from the strict application of the zoning district development standards. For properties in mixed use zone districts, Section 26-1117 (Administrative adjustment process) requires the Board of Adjustment to hear at a public hearing any request for relief which exceeds maximum allowable administrative adjustments. II. CASE ANALYSIS Existing Site Conditions The applicant, Boston Market Corporation, is requesting the variance as the tenant on the property. The site has been used as a Boston Market sit -down restaurant and drive through since it was constructed in 1995. The property is a five -sided parcel with 186.5 feet of frontage along Wadsworth Boulevard. The area of the lot is 41,730 square feet (0.958 acres), and the restaurant building has a footprint of 5,222 square feet in the center of the lot. The property is part of the Wheat Ridge Marketplace Shopping Center, and all adjacent parcels including the subject lot are under the same ownership. The restaurant building is surrounded on all sides by parking areas and shared access drives. Along the western property line, a landscape buffer separates parking spaces from the public sidewalk. Improvements in this area include a low garden wall, shrubs, and street trees. There is a driveway in the southwest corner of the property; it is 29 feet wide and provides direct access off of Wadsworth. The existing monument sign is on the north side of the driveway; it is 8 feet in height with a 10 -foot setback from the front property line Mixed Use Zoning The subject pr 2 rt and all surrounding properties are zoned Mixed Use - Commercial (MU -C) The MU -C zone district is generally located along major commercial corridors and at community activity centers. It is established to encourage medium to high density mixed use development, and it allows for a wide range of commercial and retail uses. The MU -C zoning provides for flexible land uses and streamlined approvals; it encourages pedestrian- friendly development and high quality design. Board of Adjustment Case No. WA -13 -01 /Boston Market The MU-C district is one of four mixed use zone districts which were established in the City's zoning code in 20110 (Case No. ZOA-09-07). Many of the City's adopted plans, including the Neighborhood Revitalization Strategy (2005) and the City's comprehensive plan (2009), call for higher-density, mixed use development, that create vibrant and attractive places. In order to achieve this vision, the mixed use zone districts were developed with the input of various stakeholders including property and business owners and a technical advisory committee. Public outreach included several meetings, surveys, newspaper articles, Channel 8 features, and a dedicated website for viewing photos and drafts. Ultimately, the zone districts were adopted by City Council in September 2010, and the mixed use code is located in Article XI of Chapter 26. Signs in Mixed Oe-Commercial (AI -C,1 For the most part, signs in mixed use zone districts are regulated by the sign code standards in Article VII of Chapter 26. Because signage can significantly affect the aesthetic character of a place, Section 26-1113 establishes several limitations specific to the mixed use zone districts. This includes the requirement that new freestanding signs be monument signs (not pole signs) and be limited to 7 feet in height. The purpose of these requirements is stated in the code: Signage should complement building and site design and be s r egic( located ) ini nice C' I (it 114 k in i - e the impact q1'advertising on the public realm, Signs should be oriented toward and scaled to the pedestrian. (See. 26-1113.A) Beyond limiting height and pole signs, the mixed use code does not place additional restrictions on the size of freestanding signs or on the size and location of walls signs. These standards, as well as minimum setbacks are determined by Article VII. Existing and ProposedSigns The existing monument sign on the subject property was installed in 1995, It is 8 feet in height, about 9 feet in width, and located approximately 10 from the front property line. Total sign area is 51.5 care feet; maximum permitted size about 100 square feet, based on the footprint of the building Board qfAdjustmeat Case, 14A-13-01/8(ntonlfarket Although it slightly exceeds the 7-foot height maximum, staff considers the existing Boston Market monument sign to be a high quality example of the type of signage envisioned for mixed use corridors. The sign is scaled with pedestrians in mind, the design coordinates with the primary building, and it positively contributes to the character of the area. 'The proposed freestanding sign would be a similar face design, but is proposed to be significantly taller than the permitted 7 feet. 'The proposed sign is 16 feet in height and would be at the same location as the existing sign•set back about 10 feet from the front property line INNINOW The applicant has expressed that they desire a taller sign because other businesses have taller (albeit nonconforming) signs. The applicant is also seeking increased visibility because the existing monument sign is blocked from some angles by an RTC bus shelter. 'The tables below summarize the sign standards that apply to the subject property and the freestanding and wall signs which are existing and proposed, 'The asterisks (*) indicate where existing conditions are considered legal nonconforming. 'V"VVQ - rA%Vmvf 4 ;. * tir_ , vQ IX7411 IQII-VQ Board qI'Adjustmeni Case No, I-tA-13-Ol.'I3t),viontfeirkz t Public Comment aml Re ft The public notification period is currently in progress, and to date no property owners have contacted the City with questions or objections. The application was sent on referral to the Economic Development Department and they did not support the variance request. 111. VARIANCE CRITERIA In order to approve a variance request, the Board of Adjustment must determine that a majority of the "criteria for review" listed in Section 26-115.0.4 of the City Code have been met The a licant has 11 d their analysis of the application's compliance with the variance criteria iiwi" "Q. Staff provides the following review of the variance criteria. Please note that although the applicant has submitted two variance requests, only one analysis of the criteria is presented below because the impacts of the height and setback variances are interrelated. REQUEST A. Approval of a 9-foot (129%) variance from the 7-foot maximum height standard for a freestanding sign in the Mixed Use-Commercial zone district. REQUEST B: Approval of a 20-foot (66%) variance from the 30-foot rninimum setback for a freestanding sign that exceeds 15 feet in height. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a restaurant with adequate signage, regardless of the outcome of the variance request. Staff finds this criterion has not been met. Board qfAqjuslnient 5 Case,Vo. I"43-01,"B osion Market 2. The variance would not alter the essential character of the locality. While the request may not have a substantial effect on the current character of the neighborhood, the variance requests are inconsistent with the mixed use zoning and the long term vision and desired character for the Wadsworth corridor. The City has set a goal and taken significant steps to achieve a less auto-oriented character along the corridor, and the proposed sign is inconsistent with pedestrian-scaled design. In standard commercial zone districts, no freestanding sign is permitted over 15 feet unless the site is located within 1 /4-mile of an interstate and the subject property is not within 1 /4-mile of Interstate-70. Staff finds this criterion has not been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The proposed sign would constitute an investment in the property; however, staff does not believe that construction of the proposed sign constitutes a substantial investment. The applicant could invest in alternative signs designs that comply with the zoning code and would not require a variance. Staff finds this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There appears to be no hardship due to the topography, size or shape of the lot, and there are no unique conditions which necessitate a variance. The only physical feature which may affect the design of freestanding signage is the off-site RID bus shelter located just south of the property. This shelter momentarily reduces the visibility of the existing freestanding sign for northbound L traffic. Existing wall signs compensate, however, by providing substantial visibility for the business. While the 7-foot height limitation for freestanding signs is relatively new, the changing of zoning code standards and the presence of nonconforming signs on other properties does not constitute a unique hardship. Staff finds this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Staff finds no unique hardship, therefore this criterion does not apply. Staff finds this criterion is not applicable. Board of,44jusiment ("ase ;Vo, HA -13 -01 Boston Alarket Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. As new signs are constructed, all properties which are zoned Mixed-Use Commercial along Wadsworth will be required to meet the 7-foot height maximum. The applicant is among the first businesses to seek new freestanding signage under the Mixed Use-Commercial (MU-C) zoning, but this standard is not unique to the property. The presence of public amenities, such as bus shelters, benches, trash cans, and street trees, is common in a commercial strectscape design. These features are not unique to the subject property and do not necessitate a variance. Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. The height and location of a freestanding sign has no effect on the reasonable accommodation of a person with disabilities. Staff finds this criterion is not a12 licable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual In the Mixed Use-Commercial (MU -C) zone districts, the requirements of the Architectural and,S'ile Design Manual are trumped by the design standards which are incorporated into the mixed use code. Board ofAdjustment Case,,Vo. While the base of the sign is proposed to be compatible with the primary building, the purpose of the 7-foot height limitation is to minimize the impact of advertising on the public realm and provide signs that are oriented toward and scaled to the pedestrian. The proposed 16-foot tall sign does not comply with the design principals or standards of the mixed use code. Staff finds that this criterion has not been met. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS I . The height variance is inconsistent with the mixed use zoning and the long term vision for the Wadsworth corridor. 2. The subject property would continue to yield a reasonable return in use and function as a restaurant if the variance were denied. 3. There are no physical features or other irregular conditions present on the property or in the neighborhood that would preclude a freestanding sign from being constructed in a manner that complies with the zoning code regulations. 4. The changing of zoning code standards and the presence of nonconforming signs on other properties does not constitute a unique hardship. 5. In combination, the existing wall and freestanding signs provide substantial visibility for the business. REQUEST B: Not having found the application in compliance with the majority of the review criteria, staff recommends DENIAL. a 20-foot (66%) variance from the 30-foot minit setback for a freestanding sign that exceeds 15 feet in height. Staff finds no unique circumstances attributed to this request and warranting approval of a variance. Therefore. staff recommends denial for the following reasons: Board cif`. qju.Y1men1 Gne No. RA-13-01,43oslonWarket EXHIBIT 1: SITE PLAN I uC snc pian oeiow is from the origmai 1 yy.) construction documents and shows the location of the existing and proposed sign which is located 10 feet from the western property line is 900000 E 20, .OS I , I I N Board of Adjustment 9 Case No. WA -13 -01 /Boston Market r r AD _ I I CD V ®, - kv N i 900000 E 20, .OS I , I I N Board of Adjustment 9 Case No. WA -13 -01 /Boston Market EXHIBIT 2: AERIAL Board of Adjustment Case No. lVA- 13 -01 Boston .%farket EXHIBIT 3: ZONING MAP Board of Adjustment Case No. WA -13 -01 /Boston Market The subject property is outlined in bright blue and is zoned Mixed Use - Commercial (MU -C). The dotted black line indicates the boundary for the 2011 City- initiated rezoning of the Wadsworth Corridor to MU -C; the subject property was a part of this rezoning which included properties roughly between W. 35` and W. 45 Avenues. EXHIBIT 4: SITE PHOTOS A view of the subject property looking north. The existing 8 -foot freestanding sign is visible in the foreground. This image also shows the existing wall signs. The west fagade facing Wadsworth, has 3 -foot tall channel letters spelling "Boston Market" —this sign is 93 square feet which is considered legally nonconforming; current standards would provide for only 56 square feet of signage on this fagade. The south facade (shown in the image above) and the north fagade (shown in the image below) each have 66 square feet of signage which includes the oval - shaped company logo and 2 -foot tall channel letters spelling "Boston Market." Board of Adjustment 12 Case No. WA -13 -01 /Boston Market A view of the subject property looking south. The freestanding sign is visible from the sidewalk and is scaled for pedestrians. The wall sign on the north fagade is visible in this image and matches the south fagade. 4id the property to the south which does not conform to current standards with regards to height and setback. The RTD bus shelter which is located in the right -of -way is indicated by the white arrow. Board of Adjustment 3 Case No. WA -13 -01 /Boston Market H►tnougn it sugntiy exceeas the t -toot neignt maximum, statt "considers the existing Boston Market monument sign to be a high quality example of the type of signage envisioned for mixed use corridors. Similarly, a multi - tenant freestanding sign further to the north (indicated by the white arrow) is also similar to the type of signage that the City desires. Both signs are scaled with pedestrians in mind and the designs coordinate with primary buildings. EXHIBIT 5: PHOTO SIMULATION Board ojAdjustment 14 Case No. WA -13 -01 1Boston A4arket The following photo simulations illustrate how the proposed sign would look. Board of Adjustment 15 Case No. WA -13 - ©1 /Boston Market The photo simulation below uses a Google Streetview image in which landscaping is in full bloom. A taller sign may be blocked by the existing street trees. EXHIBIT 6: CRITERIA RESPONSE February 4, 2013 Ms. Lauren Mikulak, Planner I Department of Community Development 7500 West 29` Avenue Wheat Ridge, Colorado 80033 Re: Boston Market Sign Variance Dear Ms. Mikulak: Please find attached our submittal to the City of Wheat Ridge Board of Adjustment for a Variance to the current sign code. This submittal consists of the following: 1. Completed, notarized application. 2. Fee: Check in the amount of $480. 3. Proof of Ownership: We have provided a letter of authorization from the property owner. We have also included a copy of a tax document verifying property owner. 4. Power of Attorney: NA; the application is signed by Ms. Diane McClelland of Boston Market. 5. Written Request: Narrative to follow. 6. Survey — Improvement Location Certificate: We have included an Architectural Site Plan of the existing restaurant. 7. Proposed Building Elevations: This is a constructed facility so all building elevations are existing. No variance to any building - mounted sign is being requested. 8. Additional items provided, though not specifically requested, include photos of the subject property, photos of other signs along the Wadsworth Boulevard corridor, an elevation of the proposed sign with dimensions, and a photo - simulation of the requested sign in place on the property. Our variance request is limited to the monument sign located in front of the Boston Market restaurant on the Wadsworth Boulevard street exposure. This sign was approved and permitted for construction in August of 1995. It is approximately 8 feet 0 inches tall; the sign is 51.48 square feet in size. Our request is to increase the maximum height of the sign to 16 feet 0 inches. We propose to accomplish increasing the height of the sign by extending the base of the existing monument sign design. We also propose that the base of the sign be painted a cream or beige color to better match the color on the building. Separate from this request, we propose to add approximately 6 1/2 square feet of sign face through the addition of a new sign which reads "Drive Thru." This sign will be permitted through the normal procedures of the City. The new sign will increase the total Board of Adjustment 16 Case .Vo. WA -13 -01 Boslon Alarkel size of the sip to approximately 58 square feet per side. The sign size is within the current allowance of the sip coMe. The following narrative provides a response to each of the nine criteria which will be utilizeM to evaluate this request: A. rhe properrr in question would not yield a reasonable return in use, service or locome Oe r m"red to be used OnlY under the cOnd' lions allowed by regulation for the district in which it is located. The existing Boston Market restaurant likely meets the subjective criteria of "reasonable return." However, with a sipage program that is compatible with other restaurants along the Wadsworth Boulevard co it is also likely that Boston Market could better Secure their share of the available impulse market. B. The variance would not alter the essential characterof the locality. This is absolutely true, In fact, it could easily be suggested that the granting of this variance request places the Boston Market restaurant more in character with the locality than it is at the present time, C. Yhe applicant is proposing a s investment in the property with tho application. which would not be possibie without tile variance. Since this is an existing facility, Boston Market has already made the substantial investment in the property. Recent interior upgrades place the Wheat Ridge facility at the highest level within the entire Boston Market facilities. Board qlAdjustment 17 Case No, [VA43-01 Alarket D. The particular physical surrounding, shape or topographical condition of the specific propen results in a particular and unique hardship (upon the owner) as distinguishedfrom a mere inconvenience. A G. 77te unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the prppert)� T, in a negative way. Granting this variance request would put Boston Market on a more equal footing with the characteristics of other properties in the area. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. We do not believe that this request is related in any way to the consideration of personal disabilities. Board of Actiustment 18 CaseNo. ITA-13-ObBoston Nfarket M i -i `H O N O M lqt m r-i O N O m r t � �M4 �z VOSTON I WADSWORTH BLVD. i r / r {o-- W- N v o v (n C aj L ? tio 01 O > t U a-j CC c V o v ° O M O X O s L > L Y V N O N O 'O u QJ a - LA > OJ > o - 0 c a m 3 3 C) Z Q O N % °. ., v a J,ti s a C C a Lf1 Ql O r 1 ra N N v O O ri c c c o O O O N N N N i, ri ri r- m f v Q Q v b0 QJ O 4 1 a 0 v a Q U O o Q) v c ate+ 3 C _0 i c/1 O _0 O N C E m> Ld (� c X Q1 O O v c ° O c O N U O m v 'n _Q m 0 Cl 4-' 0- Ln Q .� a a vi � v O L 3 .N v Z tY LLl Q N _..I ) o c 'E a � Ol O � f a) z u O O O O N N N N N < �j . . c N 0 Q w OD c 40 C X w I N Q � h u Q1 C N Y b G C C ro w L N v v :D O -0 y v Y c OA c - C m _0 Qj N Q (d m O @ O Q Q N C Y E Y s N p N C N O O O vi O +� O j a o O O O Q1 U o ,� Y C ra c Vf Q ;= Q1 (6 41 4J -0-0 U O C — i 0 O 3 - C U Q OuD p E m u ? L N ✓� C oz Q a O c cJ7 p cc 0 3 E 4--J >' v M C oD 0 Ln EO _O O C O N p s Q Eb O c u fu v O .'^ 2O a L N p L O •� > I I H c v I V C I r Ln > . . c N 0 Q w OD c 40 C X w I I ., a 0 0 FILLER S.F. e Zm agm �. »4 �# 1 .S�x �x t • #�.rt� F r ,i ., a 0 0 FILLER S.F. e Zm agm �. »4 �# 1 .S�x �x t • #�.rt� F r A I Ob Oe 5 V44"" 1 =23 Sk 3 2i v of wrf it A I Ob Oe 5 V44"" 0 C771 Wd /.\ \ \ \a x\ \ \ \ e, ` � ��� \������� �(!��l��� � \� �(��� �!�( {� |(� \� {� � ��.. « . \` � � �\� d / \\ �� � . � �� F {\ � . «� � � � \ \ -21 \ \ \/\ \ \�K \��� � � \ �* ^��� \� \ \� � \� \ C771 Wd /.\ \ \ \a x\ \ \ \ e, 3032165959 Boston Market 10.02:28 p.m. 02-04-2013 City of - ( o *rVVh6atP4d IF IF g4e LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29' Avenue • Wheat Ridge, CO 80033 # Phone (303) 235-2846 (Please print or tvpc all information) Applicant Boston Market Corporation Address 14103 Denver West Parkway Phone 303-216-5161 olden State CO — zip 01 Owner Wheat Ridge 08 A, LLC Address 1512 Larimer Street #1 OR Phone 303-291-0111 City_Denve, State C(« zip 202 Contact Diane McClelland Address 14103 Denver West Parkway Phone 303-216-5161 City Golden state CO Zip 80401 Fax — (11w person listed as contact will be contacted to answer uestions regarding this application, provide — additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Waring. and shall be responsible for forwarding all verbal and written communication to applicant and owner.) WMAXMMIX�E Type of action requested (check one or more of the actions listed below which pertain to your request): Appilradon subndtW requirentents on revenre side 0 Change of zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (Mote than 5 lots) 0 Flood Plain Special Exception Cl Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 21 Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: o f Detailed description of request: Request for approval of aa44-foot variance from the 7-foot height maximum for To be filled out by staff: Date reecived Fee w. Po eipt No, & Comp Plan De zoning Qwurcr Section map Related Case No,,__ Pre-App Mig, Date ­­— Case Name Wheat R 08 A LLC N i 303j 291-0 11 ' �.. Address 9592 Lary Street #90R .. _ _.. .• ,... .,.m••m. City Denver € State ICD ! 74 $0202 cowalef Name Drape ricClallancl .. .•.� Name .... .. e .. Plxrne (303) 296.5969 Address 94903t�enver West Parkway City+ Goldde» i_.._. State CO x A 80409 1�P t�ri^vt,�arr Address "3 Street Wadswcuth Blvd CRY ,Wheat Ridge State jC0 Z x8 Location Demotion ' .:_ Project Name tBoxton Market arcet o Qtr Section Drs~"' No -- �..._.� Parcel No. Qtr Section 3923404024ISE23 11 s .. ...... ,_.. ,.. ,.._ . Syr fr`er Prey Cate Neighborhood Meeting Date � � � App No Review Type Review Bandy Review Date Disposition CorTifflents Repot QA., Review BCtA _ .. r 2/28/2013 Eiji rte; Case Disposition D "reposition gate ? Conditions of Approval Notes { i . ...., _ ...., .__ ..e.._•. ,.._.,..., ., ,. .,_... .,W.n..A , _ ......... ....... . .,....M • .s Status CDpen j e G� Res # £ Ord # Q Storage � Project Name: Applicant: _ Project Planner: Date: 1� Fee Paid: As applicantfor this project, I hereby ensure that all qf the above requirements have been included with this submittal. Ifully understand that ifany one qf the items listed on this checklist has been excluded, the documents will NOT be distributedfor City review In addition, I understand that in the event full review, I will be subject to the applicable resubmittal Signature & 66 &ff , 6 , -, 'a rkbkwIKq 3 4 M 13 rk_ - - -------- ----- CARLENE M, O'BRIEN Notary Public State • Colorado am= www.d.wheatridge.co.us d reasurer d ax `search - Jett rson County, Colorado Page t of t u r nt . ayhle fax Records Disclaimer This Information Is prepared as an informational service only and should not be relied upon as an official notice. Jefferson County makes every effort to produce and publish the most current and accurate property tax information possible. No warranties, expressed or implied are provided for the data herein concerning the accuracy , completeness, reliability or suitability for any particular recipient use interpretation. Jefferson County assumes no liability whatsoever associated with the use or misuse of this public data. https :> /www.co.jeffer scan. cis. tis /ttps titWeb /ui /PrintHelp /�6 ac .do 2/14/201 FUII Arnount tdLAJ7tQ"n f Pay Taxes Now,,..... Due Date: 4/30 2128 & 6115 Original Bill: $28,940.40 $14,470.20 i *Select Payment Amount (required): Abatement: $0.00 $0.00 t 1st Half Year Payment: $14,470.20 Amount Paid: $0.00 $0.00 General Due: $28,940.40 $14,470.20 Whole Amount Due. $28,940.40 Gen Delinq: $0.00 $0.00 f Select a Method of Payment: Sid Billed: $0,00 $0.00 s Sid Paid: $0.00 $0.00 Credit Card , � (Z% 40 Sid Delinq: $0.00 $0.00 1 T146sferfr6rr (No Fee) Balance Due: $28,940.40 $14,470.20 Transfer to Checicirig (No Fee) Payment Dates & Terms ±! by Maid Records Disclaimer This Information Is prepared as an informational service only and should not be relied upon as an official notice. Jefferson County makes every effort to produce and publish the most current and accurate property tax information possible. No warranties, expressed or implied are provided for the data herein concerning the accuracy , completeness, reliability or suitability for any particular recipient use interpretation. Jefferson County assumes no liability whatsoever associated with the use or misuse of this public data. https :> /www.co.jeffer scan. cis. tis /ttps titWeb /ui /PrintHelp /�6 ac .do 2/14/201 Michael G. Pharo Associates, LLC WIMEM� Ms. Lauren Mikulak, Platmer I Xo• iamwtity-Aevel 7500 West 29 Avenue • Wheat Ridge, Colorado 80033 a= Separate from this request, we propose to add approximately 6 1/2 square feet of sign face through the addition of a new sign which reads "Drive Thru." This sign will be permitted through the normal procedures of the City. The new sign will increase the total 7777 South Depew Street Littleton, Colorado 80128 phone: 303-78343772 2 size of the sign to approximately 58 square feet per side. The sign size is within the current allowance of the sign code. The following narrative provides a response to each of the nine criteria which will be utilized to evaluate this request: A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation or the district in which it is located. The existing Boston Market restaurant likely meets the subjective criteria of "reasonable return." However, with a signage program that is compatible with other restaurants along the Wadsworth Boulevard corridor, it is also likely that Boston Market could better secure their share of the available impulse market. B. The variance would not alter the essential character of the locality. This is absolutely true. In fact, it could easily be suggested that the granting of this variance request places the Boston Market restaurant more in character with the locality than it is at the present time. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. Since this is an existing facility, Boston Market has already made the substantial investment in the property. Recent interior upgrades place the Wheat Ridge facility at the highest level within the entire Boston Market facilities. I D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguishedfirom a mere inconvenience. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. This is true. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. In this instance the unusual circumstances and conditions are unique to the property in a negative way. Granting this variance request would put Boston Market on a more equal footing with the characteristics of other properties in the area. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. We do not believe that this request is related in any way to the consideration of personal disabilities. E I. The appliccition is in substantial compliance with the applicable standards setfiorth in the Architectural and Site Desi gn MyntiaL The entire Boston Market facility, including the site design, architectural design, traffic/parking design, landscape design, and most of the existing signage meets or exceeds the applicable standards in the Architectural and Site Design Manual. Only the question of the primary monument sign, the subject of this variance request, is n in absolute conformance with the standards. tere is we can ao at trus time. tn February 28, 2013. ME MOMR99MMMMI MGP/kp ACF Property Management, Inc. January 31, 2013 1512 Larimer Street, Suite IOR * Denver, CO 0 80202 Phone: 303.291 .01 a Fax: 303.291 1044 Zvi • L L # 13N111 VV\l NOISOS Zvi YV lor . . i � 4 � I ,110~ 1, r. . r AL :r. i J go VI •� 1 4 T • a 11 L 9 - 1 CA 7 no 1W.— I m RRI RkrA 4 0 a k k T / CM (, • 4 , � , r rY. . 'Wi • t.. =1 t :44 IA- w6t MA el ORA, h W&A/StAilt ck , 401, UU, bed ? THE DES FOOD COMES FROM THE FRESHEST INGREDIENTS, SO... It 311 starts on the farrn. Use -DI)i - : all fed a diet of the highest quality grains. vitamins and minerals. Our :hicken is deli•vErc-3 fresh and is never froZen. We inspe e-,er chicken and only sr-11-mi- grade Then J the perfect sL Too [* is tot tl- Too small is not enough. AlSt right is , delicious. Then ro-ast it slowly in a rotisserie ,-, , , en, to seal in all those natural flavors and d J Ll i C 6 S. Finally v we sere -- - it fresh fron the oven. Our ro are always spinnin Then. and onk then. dc we have Chicken At Its Best. 1i t d. 1 1 kL 11 1, ti M d FOE 1 1 kL 11 1, ti M lad 4 t t I. � r d� V OW ,r• I rr I d s r 1 I 1� i Id f it •� i r 4L � r1 �4 1 N , 1 y ] j A' -. -. ,, �+ �. f:s ... � gar Co "t 71 4 V`-- [jam a I //�'� r € "s CL U — d lII N a�EU L (B O O +. U O U _cn C O cn o0) °aU C N > O E 7 O C U O (n Q m 3 _ N C13 c O N (>3 N C L co � co N _C (a t Co m 3 t . a m U m LL CN N � r _ CD 1� • 19 IM HHO .9 L C z 0 d w 3 0 x 3 3 c z 7 a: CO ° z 0 z 3 x 0 0 r 0 s a 0 0 z z 0 a 3 r lenaddypjolpue# :abed al "' F- CL I _- �enaddvwaip 1811 -SSM 46wmei0 zi of 01 :Uo15!Aaa 1SVI � LLJ cn 3 z U co E _ ..............._............_ .... ........... ..... 581ff k9of 11'9190 :ale lie1S o m x a w Tu Z8 L L # 13 >18dW NO1SO9 J 6 J CL U — d lII N a�EU L (B O O +. U O U _cn C O cn o0) °aU C N > O E 7 O C U O (n Q m 3 _ N C13 c O N (>3 N C L co � co N _C (a t Co m 3 t . a m U m LL CN N � r _ CD 1� • 19 IM HHO .9 L C z 0 d w 3 0 x 3 3 c z 7 a: CO ° z 0 z 3 x 0 0 r 0 s a 0 0 z z 0 a 3 r ol 1� y . ea z Mi Diane McClelland Home Style Meals Chicken At its Best bostonmarke" Purchasing Agent Design Administrator Boston %,jarket CorparatiO-1, 14103 Denver West Pkwy Golden, CO 80401 Phone 301216.5161 Fax 303,273.8072 fflffo- EM Become our fan on FaceboOk - Y ' WHIEPO RIDGE db 0 41 TUN N N I' 'VIP L T