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HomeMy WebLinkAboutWA-93-15The C/ty of Wheat Ridge Applicant ~~ Owner (~id[.Qtn~/3gn/ks Address'/30! ~C~kS~nl ST Phone ~~9, ~f5_G~ Location of request- Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific requirements. request Variance/Waiver Nonconforming use change ^ Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ~f Other List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc: ADDRESS PHONE I certify that the information and exhibits herewith submitted are-true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners st submit power-of-attorney from the owner which approved of this actigiz~n h~,ps behalf. Signature of-Applicant Subscribed and sworn to me this4~pday of.,~~n~~-19 ll., t .~_ %J n otary Public SEAL _ _ My commission expires cp-(~ ^-I ^] I CITY OF WHEAT EIDUE 75tiCt W 29TH AVE. , P. 0. EtOX 538 - - WHEAT f=.:IDGE, ~'OLORADD 8t~tj34 -__-_- DATE PAID: SEF' 28, 1 FECEIVED FP..OM; r,•OLDENEtANk.S DESGRIFTI~IV: VAf=IRNCES AMOUNT t_HEr•k:; ~St_~.r.>r1 OHAROE: ~ra,DO MONEY OI'~;DEF..: ~tj.tjci CHECt: NO; 13217 _ AMOUNT F:E~~EIVED: ~5G.t7rj ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 _._" OFD: TD; AMW F,'EC:EIPT N0: 5775# R D I APPLEWOOD VILLAGE SHOPPING GENTEiz I ST AMENDMENT SITS G-~ RG- l u~ i- x rU 3 ~. -~ :' C I.z'.V loaa' ~•' ,Fos. [ ~ .. . I 1 1 t1 0 ' » ~ i ~, . rn 9 e N>1' el ~ ' 2 } 'x ~~ A ~~ r r tl I 1'~! y~ PflOPO9ED BLDG FlN. 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N C OO F~ O m U m O.. ~ O - U t+- U D U U] 7 ~ ~ ~~ y~ ~~ ~ ~--- N ~4~ ti~ ;~ ~ ~ ~~ il ~~ ~~n~ ~~o~ ~ 1 M - ~o _, ~ (~ d Q~ o F- all ~1 ~~ t~k 4 `~ ~ ~ ~ V M O tt ~ ~ ~~ 00 0.1 .b N .N W 00 7~-~ c0 N M ~~~ O.~ 4 ~~ ~~ 4 ~~~ Y ~~ ~. ~~ ~~NL_ ~eSG2c~~~ ~+~- f~` ~ J 51' U-2570 ~~c.Denl~i;~K-S 1/~~/9-N~Z Wheatriclav, CO 3~,9~ ~zr.U~-~-Te.C~ Exnlull °n° To srfclnL wnarlnrirv oreu rROr•1 rxxorl collPOllnrlorl 1'0 LnwR~ncr W. url_lrl The followiny real properl.,y situate in Ure County of Jefferson and State of Colorado, Cv-wit: A trncC of lnnd i.n the SF.,!r, of the NWci oC Sec. 29, T35, R691J, of Che fiCh P.11., Jefferson County, Colorado, described ns follows: Ltep,fnn.inp, at a point which ie 6U.0 feet P.nat of the west line oC the Srk of the 11W4 of sni.d Sec. 29 and 454 J2 feet north of the south iine of the SF,'r, of the )JW't oC sai.J Sec. 29; thence N 89 degrees 31.2 minutes C a distance of. 1.40.0 Eeet; thence N W degrees 51.8 minutes W a distance of 200.0 feet; thence S 89 dep,rees 31.7. minutes W a distance of 1.40.00 feet; thence S 00 degrees S1.8 minutes F, n dis- tnnce of 200.0 feet to the point of beplnn:l.nq, and A tract of lnnd in Che SF!r, of the NW~t of Sec. 29, T35, RCr9IJ of the Gth P.11., Jefferson CounCy, Colorado, described as follows: 8eginninq nt n point which is 60 feet F, of the W line of the S[:!r, of the NlJ'r, of, said Sec. 29, sod 530 feet N of the 5 iine of the S iine of the S~!c of the 1Jf•,lr. of said Sec. 29; thence N UO degrees 51..8 mintrtes W a distance of 124.32 feet; thence S 89 degrees 31.2 minutes W n distance of 10 Eeet; thence S 00 degrees 51.8 minutes G a distance of 17.4.32 feet; thence north 89 degrees 3.1.2 minutes G n distance of 10 Ceet to the point of begl.nning, flein,y Lhe same land as described in Chat certain Warranty Ueed dated UcLvber ?_(3, 19Gb from nppletoood Uillave, GranCor, to Ilumble U11 R Refininy Company, GranCee, recorded in the Office of the County Clerk and Recorder, Jefferson County, Colorado, in Dook 1906, Page G52. 3 <~ Ilumble O11 & Refininy Compenyy a belaware corporation, meryed into Exxon Corporation, a tdew Jersey corporation, on January 1, 1973. _, ~ m _. t _. u~ N ~, ~ ~ ~ ~ ~~~ ~.~ • ~ _ ~' ~ ~ ~ ~ p j !! -O~ ~ t ~'Q~ ZT ~i 1 X , { 1{ > ~s~_ c~ c :24 •os ~ 4 _ ~ i _ _ . d ~ ~~ ~ ~~-' - ~ a K'r -~. 3's . _ . -- ~ f ~ .-p ~ Z ;t7 „n O ~~ ~, tri j .Q ~ r" ~~~` ~ ~ ~ < x ~ ~ ''~ '~ h .i ~o 'cam ~- .~ top .~ ~`~ i - ' d ~ 6 ~ J ,~ .~r• .... • ~" t?~I NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October 28, 1993, at 7:30 P.M., at 7500 West-29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to-speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WA-93-1 _An application by Golden Bank for approval of a variance to allow an additional 49 square feet to the maximum 35 square feet allowed for a free-standing sign on property located at 3298 Youngfieid Street and legally described as follows: A tract of land in-the 5E1/4 of the NW1/4 of Section 29, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, -- described as follows: Beginning at a point which is 60.0 feet east of the west line of the SE1/4 of the NW1/4 of said Section 29 and 454.32 feet north of the south line of the SE1/4 of the NW1/4 of said Section 29; thence N 89 degrees 31.2 minutes E A distance of 140.0 feet; thence N 00 degrees 51.8 minutes W A distance of 200.0 feet; thence S 89 degrees 31.2 minutes W A distance of 140.0 feet; thence S 00 degrees 51.8 minutes E A distance of 200.0 feet to the Point of Beginning, and a tract of land in the SE1/4 of the NW1/4 of Section 29, T35, R69W of the 6th P.M., Jefferson County, Colorado, described as follows: Beginning at a point which is 60 feet E of the W line of the SE1/4 of the NW1/4 of said Section 29, and 530 feet N of the S line of the SE1/4 of the NW1/4 of said Section 29; thence N 00 degrees 51.8 minutes W A distance of 124.32 feet; thence S 89 degrees 31.2 minutes W A distance of 10 feet; thence S 00 degrees 51.8 minutes E A distance of 124.32 feet; thence N 89 degrees 31.2 minutes E A distance of 10 feet to the Point of Beginning. Except any portion thereof lying in Youngfield Olivet Road. 2. Case No WA-93-i6: An application by Richard Gash for approval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side yard. Said property is located at the southeast corner of W. 35th Avenue and Lee Street--and is legally described as follows: Tract B, Minor Subdivision No. 10 ` County of Jefferson, State of Colorado 3. tease No. TUP- 3-8: An application by Greg Munchiando_for approval of a Temporary Use Permit to allow a 12 x 40 office trailer to be located at 12098 W. 50th Place and is legally describe as follows: That part o£ Lot 18, STANDLEY HEIGHTS, described as follows: BEGINNING at a point which lies 25 feet South and 25 feet West of the Northeast corner of said Lot 18, thence South parallel with the East line of said Lot 18 a distance of 282.2 feet to a point on the South line of said Lot 18 which point lies 26 feet Southwesterly from the Southeast corner of said Lot 18, thence Southwesterly along the South line of said Lot 18 a distance of 338 feet to a point, thence North, parallel with the East line of said Lot 18, a distance of 376 feet to a point which lies 25 feet South of the North line of said Lot 18, thence East parallel with the North line of said Lot 18, a distance of 325 feet to the POINT OF BEGINNING. EXCEPT right of way described in Book 230 at Page 390. 4. Case No. WA-g.-17: An application by Jenary and Irene Pisicchio for approval of a 9' variance to the required side yard setback in a Residential-Two zone district for property located at 4425 Saulsbury Street and is legally described as follows: The south 75 feet of the north 405 feet of the west 137.1 feet of the east 162.1 feet of Block 2, Coulehan Grange, County of Jefferson, State of Colorado. E Mary L Chapla, Sec.etary ATTEST: Wanda Sang, City Clerk To be published: October 12, 1993 Wheat Ridge Sentinel P.O. 6~X 638 TELEPHONE: 303/237-6944 The city Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge Octobex 13, 1993 This is to inform you that Case No. WA-93-15 which is a request for approval of a variance to allow an additional 49 square feet to the maximum 35 square feet allowed for afree-standing sign for property located at 3298-Youngfield Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on October 28, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant`s responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the .Planning Division. Thank you. PLANNING DIVISION "Tlze Carnation City" n Q.' u ~i 3~ -- - --= _ •~. ~~ c+ ~___ ~' ''''?'- a ~:~~'- ~ ~~ ~ ~, Li ~~ c •ss3aoav Nant3a do 1HO1a o Ol 3dOl3AN3 d0 d01 ltl a31an s r ~ ~~ ~ (~0 W o iii ~ _ ~ r Z ~ 9 = a ~ I? t-N. 3c ij c rr 1' a y ~~ b W Y t~ 3 y ~eE i.~ v f N ~ U ~ Qf I~ V G pl V ~bti ~ 1 No .c° u ~ ~ o ~~ t 0 w~ a vo ¢~- ~~ a~ ~o w LL~ ~ oy w ~ ~ ~o y ~ 0 0 0 0 U ~ ~ m~ ~ o ~_ ~ WJ U V m¢ ti /~/ O x ~ hVil a 3 ~a z a w tt U ~ U ¢ ~' ¢ h a ~ ~~~,yy C7 ei ao v u °~ ~~~ >~ ok ~~ E62 L99 E'Ci, d LLNglaOdWl J g 0 W LL W U O a W V w m O LL a P 913 667 292 ~ (A mm m m Z ~ < ~ D m -i-Z f 1 O ~ \ ~ ~~ O ~ o ~ wg `' 9 a oN ~ ~ * . 4 z ~ 9 r m y NO c t^ .. ~ S ~ m pT ~ as iv: °a a n ~ g a o 1 ~ ~O m N i q~ £ d ~' on n ~ I ~ R` ~~Aa++ $ v y ~~ l l 77 PPP ~ * ' 3$ I m r v I,~ o m ''°' v \ ~ o I ~ o a I m - "11 m o ~ a ~ _ 1- mS y lMPORTANP.I PLACE STICKER AT TOP OF ENVELOPE TOI THE RIGHT OF RETURN ADDRESS. tS ~ ~ P" g ~ a <m .mm. ~ ~ ~ w m ~ €'" a ~~ ~ ~~ ~ ~ ~ o m 1 \ ~ I rn a ~ c, m - I v o ~ 7~ a ) D Rl I- m °a m IMPORTANTI PLACE STICKER A7 TOP OF ENVELOPE -- THE RIGHT OF RETURN ADDRESS. N O 3I f 0 Q ~~ 0 N T ~ 3 w .. - o? ~. .. N_ ~ Wp m •c• ~~D~ •~v ' ~ ' ~' 3 9 ~~ ~ ia~d ~ m a '~°Ss ~~E ~=~ w_ m n~ ~ c I~ c m a „=m ~~ m' ~~ r N y a~ ~ ~ u~ D D N IJ~ 8M1 " m' 9N. 0 j =? 6 m a KYIry O S p ~ ~DN pd m aNR y V ~ £ M! " f5~ Ica ~ + ano ~ ~ ~`; ~ s ma ,~ C a ~ ~d.~' ~ z, 6 O °- m h ~ rvm' ~ ~~~ Q v ~ ~ ~ ~ WI ~~._ .~__~m m ~ ~ ~~~T ~~~y _ g ~; ~~, ; _._. o m 3 ~ ~ ~aEo ~~~ a~ ' ~ N DRO WL o i B ^~ ~~a ~ ~ ~ ga,3 gmR m K ~ f ~ o q'~a te C~S~ Ss a°' ' ~ YR ( ~ a ~o~ ~ a. ~ ~ ~ ~ d C 3 . _ q ~ ~ - m ~" ~ ~' ~mR S E~= o 4E,y' 3 ~~F S d ~~ .~ ~~ ~ ~3~ ~ ~ E ~ F. s 3 OJ V AP a N 2 a O. .- ~ D _ m ~• N N N ~ O ~ N_ O N '-I `D Z C _ J ~ ~ ~ N ' aN ~~ z m a N e W Q <p ~o ^~py ~ a ~ O N Q < y. a m i \\ ~l ~ , ~' ~ y m' [ ll~ y 3 m w ~' " y 4 ~ a ~ ~ y' O ry ~ . N ~ Q ~ Q ~ ~ $ r y m m N .. 3 m -- }.. t"' i. 0 m. .~ ~ . C Z m n m ~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: October 15, 1993 Date of Meeting: October 15, 1993 Case Manager: Greg Moberg Case No. & Name: WA-93-15/GOLDEN BANK OF APPLEWOOD Action Requested: Approval of a variance to Section 26-410(e)- Freestanding Non-Residential District of the. Code of Laws. Location of Request: 3298 Youngfield Street Name & Address of Applicant(s): Name & Address of Owner(s): --------------------------------- Approximate Area: 28,000 square feet Golden Bank of Applewood 12601 W. 32nd Avenue Wheat Ridge, CO Bank of Applewood 12601 W. 32nd Avenue Wheat Ridge, CO ------------------------ Present Zoning: Commercial-One Present Land Use: Drive-up Bank facility Surrounding Zoning: ~ and E: C-1; W: A-1; N: PCD Surrounding Land Use: N, E, W and ~: various retail and commercial ------------------------------------------------------------------ Date Published: October 12, 1993 Date to be Posted: October 14, 1993 Date Legal Notices Sent: October 14, 1993 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials. (XX) Zoning Ordinance (XX) Exhibits Subdivision Regulations (XX) Other 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. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-15 Page 2 I. REQUEST The applicant is requesting approval of a variance to allow additional freestanding sign area. Currently the site is allowed a maximum of fifty-two (52) square feet of freestanding sign area, the applicant would like eighty-four (84) square feet. II. SITE The bank facility is located at 3298 Youngfield Street, is approximately 28,000 square feet in size and has one street frontage. The site is a drive-up facility that is associated with the branch bank located at 12601 West 32nd Avenue. The existing building is 1,172 square feet in area and the canopies are 2,797 square feet in area. The exi-sting freestanding sign is fifty-two square feet in size. Under Section 26-410 (5) the property is allowed, for a single use development, thirty-five (35) square feet for a freestanding sign. In addition, that section also allows businesses located with in one-quarter mile of the interstate, a fifty (50$) percent increase. This would allow the sign to be increased to 52.5 square feet in area. III. FINDINGS OF FACT 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The property has been used for many years and therefore, if permitted to be used only under the conditions allowed by the regulations £or the district in which it is located, the property can yield a reasonable return in use; and 2. Is the plight of the owner due to unique circumstances? There are no unique circumstances as this site is under the same constraints as are all other commercial properties within the City; and 3. If the variation were granted, would it alter the essential character of the locality? Approval of the variance probably will not alter the essential character of the local neighborhood as larger signs do exist, however these larger signs are legal and allowed by right; and 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-15 Page 3 There are no particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship; and 5. Are the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Because there are_no unique circumstances or hardships, the conditions upon which the variance is based are applicable to other properties within the same zoning classification, 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? Because the use is in the business to make money, a sign that can be seen more easily will help the business increase profits. Therefore, this request is based upon a desire to make more money; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No hardship has been created by the applicant; and 8. Will the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of this variance will not be injurious to other property or improvements in the neighborhood; and 9. Will the proposed variation would not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety and substantially diminish or impair property values within the neighborhood? The granting of this variance will not impair .the adequate supply of light or air to adjacent properties, nor increase the congestion of public streets or increase the danger of fire or public safety. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-15 Page 4 IV. CONCLUSIONS AND RECOMMENDATIONS Based on conclusions derived from "Findings of Fact", staff has the following comments: 1. The property has been used for many years and will therefore remain in use if permitted to be used only under the conditions allowed by the regulations for the district in which it is located; and 2. There are no unique circumstances as this site is under the same constraints as are all other commercial properties within the City; and 3. There are no particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship; and 4. Because there-are no unique circumstances or hardships, the conditions upon which the variance is based are applicable to other properties within the same zoning classification; and 5. Because the use is in the business to make money, a sign that can be seen more easily will help the business increase profits. Therefore, this request is based exclusively upon a desire to make more money. For the reasons stated above, staff would recommend that Case No. WA-93-15 be DENIED. 1' t CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 2 2. APPROVE THE ORDER OF THE AGENDA Consensus was to approve the agenda as printed. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING The applicant for Case No. WA-93-12 was not present. Mr. Moberg requested the case be placed last on the agenda. B. Case No. WA-93-15: An application by Golden Bank for approval of a variance to allow an additional 49 square feet to the maximum 35 square feet allowed for a free-standing sign on property located at 3298 Youngfield Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. Board Member ABBOTT asked how much of a variance are the applicants asking for, and Mr. Moberg answered they are allowed 52 square feet, and are asking for 84 square feet. The variance would be approximately 32 square feet total. Board Member REYNOLDS questioned"how staff arrived at what amount the applicant is allowed, and Mr. Moberg read from the code "free standing signs for retail or service businesses located within 1/4 mile of the interstate highway will be allowed 50 percent increase in area for one free standing sign per development. All other permitted free standing signs shall meet the standards." Board Member REYNOLDS said he was under the impression that they were allowed at least one sign of 75 square feet, and Mr. Moberg answered no, they are allowed 52 square feet and that is taken from the building area itself. The applicant is allowed 35 square feet because the building in itself is under the 1500 for the first 35 and the 50 percent increase would be half of 35. Board Member BERNHART asked how large is the existing . Citiwide Bank sign, and Mr. Moberg replied 52 square feet. Board Member BERNHART said the staff report indicates the height will be 40 feet; what is the limitation, and Mr. Moberg answered 50 feet. Chairman HOWARD asked if this site was'in the same lot as the Conoco station and Chili's Restaurant, and Mr. Moberg h CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 3 replied no, it is a separate lot. Chairman HOWARD asked if this lot was attached to the main bank building lot, and Mr. Moberg said it is a separate lot that sets alone and is on Commercial-One property.- No further questions were asked of staff. The applicant, Fred Franz, Adcon Incorporated, 2209 Airway Avenue, Ft. Collins, CO, was sworn in. Mr. Franz said he would like-to go through the Findings of Fact. Mr. Franz said because this is a drive up facility, their 'real' building is the canopy which happens to be a building that does not have walls. If it were enclosed and the cars drove inside, then they would have somewhat over 4000_square feet and would qualify for a little more than a 93 square foot sign. This was part of their justification when they looked at what size and type of sign they were going to request for .this location. Mr. Franz entered into record, a drawing showing the entire canopy with all. of the calculations, labeled Exhibit 'A'. Mr. Franz stated the Golden Banks of Colorado will be acquiring the property and their desire is to have their customers be able to readily identify the facility and be able to make use of that facility. At this site, Interstate 70 is approximately 15 feet above the level of the street, and they feel the technically could be a hardship as their sign cannot be seen. The Chili's sign and Conoco sign are both at an elevation of 50 feet. When coming west bound on I-70, Chili's sign blocks the Conoco sign which tends to build this wall of signs; the proliferation that we always hear about. They chose the 40 foot sign so they would be under the canopy of the other two signs and not cause clutter. With the highway being elevated, this sign will appear to be 25-rather than 40 feet tall (since 15 feet is actually. below grade). Mr. Franz said the lettering is very clean and in this 20" size there is a readability of 1,000 feet. Mr. Franz continued saying he would like to have this considered in_a favorable manner because if the Board considers the canopy in this one unique case as their building footprint, then there will be no precedent set for other cases. Also. the lower height chosen is an advantage being less than the 50 feet allowed and at the requested 40 feet because the highway is elevated, it will appear to be. 25' above the level of the highway. Mr. Franz said the Conoco building might have a variance as it would b<~ allowed 66.8 square feet, yet in fact their sign is 100 squa<<~ feet and 50 foot in height. He only brought this up bec:~;ise this building is only slightly larger than the bank building. CITY OF WHEAT RIDGE BOARD OF AD-JUSTMENT MINUTES OF MEETING.: October 28, 1993 Page 4 The applicant showed an example to the Board of the lettering that will be on the sign. Board Member ABBOTT wanted to know how long the Conoco sign is, and Mr. Franz said he only has the records on the Chili's sign which is 15.9 feet in length,. but he estimated the Conoco sign to be 20 feet long. Board Member BERNHART said he is interested in the theory of the bank catering to freeway traffic, and Mr. Franz said he would defer this question to the president of the bank. The president of the bank, Dick Walter, 12601 W. 32nd Avenue, was sworn in. Mr. Walter said they are trying to improve the visibility of the bank because the existing facility is in a less desirable location as far as visibility from the highway. The sign will aid the bank for the visibility from the highway just by the awareness of the bank being in that area. if you drove by you would never know there is a bank in the area, much less see a sign, so we feel from this standpoint the sign would be a benefit to the people of-the area. Board Member ABBOTT was curious to know why this length was picked, as a substantial variance is being requested, .and wanted to know why the request could not be closer to compliance with the code. Mr. Walter answered the. distance from which one could see the sign would have to be in these dimensions. Board Member ABBOTT asked then the reason is assuming people coming east will-see the sign and react to the ramp and pull off, and Mr. Walter replied not necessarily picking 'up traffic off of the freeway, but more like having an awareness and recognition in the community that-there is a bank there and also to show where the bank is located. No further questions were asked of the applicant or Mr. Walter. Board Member ABBOTT asked staff what makes t stations sign code complying, and Mr. Moberg sounds like there might have been a variance is unaware of it. Chairman HOWARD added the granted a variance based on the fact that it their standard sized signs. ze Conoco answered it granted but he Conoco sign was was one of Chairman HOWARD asked if this property is part of the shopping center or has it been subdivided, and Mr. Moberg answered the lot is not part of the subdivision and the drive through is one lot which the bank owns. Mr. Moberg assumes they are leasing the ground in the shoppinr~ -center where the branch bank is located. CITY-OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 5 Motion was made by Board Member ABBOTT, that Case No. WA-93- 15, an application by Golden Bank of Applewood, be DENIED for the following reasons: 1. There would appear to be no substantially unique circumstances relative to the majority of other businesses within the shopping center. 2. The larger signs within the immediate vicinity are on ---- businesses which by nature depend upon highway visibility. Motion was seconded by Board Member DOOLEY. Motion carried 5-0. Resolution attached. C. Case No WA-93-16: An application by Richard Gash for approval of a 3' variance to the required 30' front yard -- setback adjacent to W. 35th Avenue-and a 3' variance to the required 15' side yard. Said property is located at the southeast corner of W. 35th Avenue and Lee Street. Greg Moberg presented the staff report. All pertinent documents were entered -into record, which Chairman HOWARD accepted. Board Member BERNHART asked when was the previous variance granted, and Mr. Moberg replied September 1992. Board Member BERNHART asked what was specifically granted, and Mr. Moberg answered a 3 £aot variance to the rear-yard (north), and a 3 foot variance to side yard (east). Board Member BERNHART questioned then the side yard variance is being re-requested, and Mr. Moberg said the applicant would rather take the building three feet-south rather than north, which would make it 15 feet in the rear.. Mr. Moberg added the deck is allowed to go 1/3 into the rear-yard setback. No further questions were asked of staff. The applicant, Richard Edward Gash, 10200 W. 44th Avenue, was sworn in. Mr. Gash said he applied for and was granted a variance last year, but he did not realize there was a 'time limit' of six months on the variance until he was. notified by staff. Mr. Gash said most of .his neighbors had no objection with this variance at all except one neighbor to the. north. He wants to keep the house_in line and conform with the neighborhood. If this is a 29 foot house, .the looms would be less than 12 feet in width and in this neighborhood it would not sell. The house is approximately 1900 square feet house and is probably the most expensive house in the neighborhood. ~. s CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 28th .day of October 1993. CASE NO: WA-93-15 APPLICANT'S NAME: Golden Bank of Applewood LOCATION: 3298 Youngfield Street Upon motion by Board Member ABBOTT seconded by Board Member DOOLEY_y the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-93 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY NOT 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. NOW, THEREFORE, BE IT RESOLVED that Hoard of Adjustment Application Case No. WA-93-15 be and hereby is DENIED. TYPE OF VARIANCE: To allow an additional 49 square feet to the maximum 35 square feet allowed PURPOSE: To allow an additional free-standing sign FOR THE FOLLOWING REASONS: 1. There would appear to be no substantially unique circumstances relative to the majority of other businesses within the shopping center. 2. The larger signs within the immediate vacinity are on businesses which by nature depend upon highway visibility. VOTE: YES: Abbott, Bernhart, Dooley, Howard, and Reynolds NO: None DISPOSITION: Variance denied by a vote of 5-0. DA •D this 28th day of Onctober, 1993. ~ `~ ~G~ ~ R ERT HOWARD, airman Mary L u C apl.a, Se retary Board of Adjustment Board o Adjustment a '500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. C0.80034~0638 :: -. (303) -Z34-5900 City Admin. Fax ~ 234-5924 November 12, 1993 Police Dept. Fax it 235-2949 Golden Bank of Applewood 3298 Youngfield Street Wheat Ridge, CO 80033 Dear Sirs: The City of Wheat Ridge Please be advised that your application for a variance; Case No. WA-93-15, to the Board of Adjustment was DENIED on October 28, 1993 by a vote of 5-0. See attached resolution. If you have any questions, please feel free to call the Planning Department at 235-2852. Sincerely CITY OF WHEAT RIDGE PLANNING DEPARTMENT <e n., ~~o-d r,~r,~.