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HomeMy WebLinkAboutWA-93-2me ary or ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO- 80033 Phone (303) 237-6944 ApplicantU.S, Outdoor Advertisi~lgldressLaurel,~~MS=39441 Phone800_467-40.14 600 N. Brand Blvd., Ste. 300 Owner public Storage ManagementAddressGlendale, CA 91203 Phone 818-244-8080 Location of request Type of action requested (check one or more of the actions 13sted 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 B Preliminary Final ** See attached procedural guide for specific requirements. X 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 ^ Other Detailed Description of request SEE ATTACHED-PAGE List all. persons and companies who hold an interest in the described real property, as owner,- mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE J. Brand Blvd., Ste. 300, Glendale, CA 91203 - - -- ._, S. Outdoor Advertising P.0. Box Laurel MS 3944 800-467-401 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 iawfi111y be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. lF7~oRNEy /N FACT Fat Signature of Applicant ~ U.S. oUTRwlt A~VEltTrsi~G Subscribed and sworn to me this „~p:E~i day of ~1~4? 19 ac CITY 0~ WHEAT RIDGE 75U0 W y~~Tl-1 AVE, g F'. 0. ROX Era^8 WHEAT RIDE, i::OLORAD0 8Q03~i DATE r--'AID:rEi<-~ C~1, 1'3'93 RECEIVED ER01~1: BF:ADLEY, CAM~'EsEI_L CARNEY &~ DESCRIPTION: BOA 'VARIANCE AMOUNT C}-IEC:I<::: ~5ti. C>0 i::l-IEC}:: N0: 75836 MONEY ORDEI'<:: ~a, OCR AI'IOUNT REI.:EIVED: ~SC~.~]G OPF: ID: AI~IW REC:EIF'T N0: 53C~:~:2 ADMINISTRATIVE PROCESS APPLICATION DEPARTMENT OF PLANNING AND DEVELOPMENT CITY OF WHEAT RIDGE ------------------------------------------------------------------- A. Location of request Section 4, a portion of the real property commonly known as 12351 W. 44th Avenue, City of Wheat Ridge, Co., County of Jefferson, Legal Exh. A. B. Detailed description of request This is a request for a variance pursuant to section 26- 6(D)(1) and 26-6(D)(2)(b-c) of the Wheat Ridge Zoning Code to permit a billboard with a maximum height of forty-one (41) feet in the B-2 Billboard District where a maximum height of thirty-two (32) feet is otherwise permitted pursuant to section 26-412(c)(4). The reasons for the variance request are as follows: 1. The billboard is intended to be viewed by motorists traveling along Interstate-70, and the billboard location adjacent to Interstate-70 is the only property available for such use under applicable state law. 2. The billboard location is at an elevation significantly below the grade of Interstate-70. 3. If the thirty-two (32) foot height limitation is enforced, the billboard would not be visible to travelers westbound on Interstate-70, and eastbound travelers along Interstate-70 would not have sufficient viewing time to make a safe exit should they desire to stop in the Wheat Ridge area. 4. The variance, if granted, would not alter the essential character of the locality inasmuch as existing billboards in the area are even higher than the proposed billboard would be if the variance request is granted. Other property to the west of the subject property, which is also below the grade of Interstate-70, has already been granted a variance allowing a billboard with a maximum height of fifty (50) feet. 5. The purpose of the variance request is not based exclusively upon a desire to make money out of the property, but to permit such property to be used for one of its legally permitted purposes as a billboard site. 6. The elevated portion of Interstate-70 -adjacent to the billboard location and the hardship resulting therefrom was not created by any person presently having an interest in the property. LEO N. BRADLEY TIM L. CAMPBELL THOMAS J. DARN EY EARL K. MADSEN VICTOR F. BDOG WILLIAM J. CAMPBELL EARLE D. BELLAMY II THOMAS A.NOLAN JOHN R. JACUS K. PRESTON OAD E, JR. JIM MICHAEL HANSEN RONALD K. REEVES SHELLY M. ROWAN THOMAS E. ROOT JOHN N. GALBAVY LINDA GAVIT MARTHA P. ALLBRIG HT MATTHEW S. M~ELHINEY DEN NIS L. ARFMANN BRYANT S. MESSNER ILONA L. DOTTERRER LAW OFFICES BRADLEY, CAMPBELL, CARNEY & MADSEN PROFESSIONAL CORPORATION _ 1717 WASHINGTON AVENUE GOLDEN, COLORADO 80401-1994 January 20, 1993 - Mr. Greg Moberg City of Wheat Ridge Planning Department 7500 West 29th Avenue P.O. Box 80034 Wheat Ridge, CO 80034 Dear Greg: Re: U.S. Outdoor Advertising Variance Request OF CD UNSEL WILLIAM D.JOHNSON LAURA J. VOGELGESANG RUSSELL CARPAFEL LI TELEPHONE (303)276-3300 TELECO PIER (303) 278-3379 In accordance with our recent conversations, I am enclosing another application for a variance on behalf of U.S. outdoor Advertising, together with an application fee in the amount of $50. As reflected by the application, it seeks a variance permitting a maximum billboard height of 41', as opposed to the maximum 32' height otherwise permitted. We-believe that such application satisfies the provision in section 26-6(F)(5)(b) of the Wheat Ridge Zoning Code, which indicates that no application shall be submitted if any previous application for the_same or a substantially similar request has been denied during the preceding 12 months. Based upon our previous discussions, it is my understanding that no additional documentation in support of the application need be submitted inasmuch as such documentation was previously submitted as part of U.S. Outdoor Advertising's prior application, and such documentation is presently in your files. Should I be mistaken in my understanding, please let me know at your earliest convenience in order that whatever additional documentation need be furnished is supplied. Very truly yours, BRA~~DL~~E~/~Y~/, CAMPBELL, CARNEY & MADSEN ~r~ivL„'v Victor F. Boog VFB:beh Enclosures 7. The granting of the requested variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 8. The requested variance would not impair the adequate supply of light and air to adjacent property or substantially increase the congestion on the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. J d Q 3 Site G G- N N z fl N z o '~ ~~~~ ~ £_ -_______-._._.__.__ ~ _____.________- f 5 MORTN ~' his ~ 4 '~ I~ ~~o ~~ gagb . _~ o ~S~$.$pzo ° °~ 3A3..° EEdd __________________ i m Z m ~; i ' i r i i i i i i i i t i i i i i i r--------- ----.~„-.a---- 0 k~~ L~~ 5 ~~ r~ '~n ys iC O~ O ~7~ nee o i ~~w 88H S ~~ ~ s~~ ~~g~ ~ ~ ~~ ~~~8 ag be ; ~ ~¢~~ ;1~ F~ ~B R$~4 $" i n k4 R~ s c $ i ~~ ~ Ypp ~ p d ! 930 ' oSS,... /~ ~a ~ ` ~ ~ ~~~ ~~~~ ~O IIg ~dF ~ :_ ~ ~a R o ~ ~ o'~ ~ T ~4 V ~'~ S a~ ~~ _i____t__~____~H__W _____.__ POWER OF ATTORNEY STATE OF MISSISSIPPI COUNTY OF JONES Ss. Doug Seidenburg, being first duly sworn upon oath, states that: 1. He is the Secretary-Treasurer of U. S. Outdoor Advertising, the applicant for a variance in Case No. WA-93-2, which is presently scheduled for hearing before the Wheat Ridge Board of Adjustment on February 25, 1993, at 7:30 p.m. 2. This is to confirm that Victor F. Boog and Leo N. Bradley of the law firm of Bradley, Campbell, Carney & Madsen, 1717 Washington Avenue, Golden, Colorado, ar hereby authorized to appear on behalf of U. S. Outdoor Advertising as its attorneys-in-fact at the hearing before the Board of Adjustment on February 25, 1993. Further, affiant saith naught. ~ C ~~,.~---- Doug idenburg Subscribed and sworn to before me this 25th day of February, 1993, by Doug Seidenburg. ~~.~tic.e~ 21/1 ~-~,_ _ ~o Notary Public My commission expires: -- -. PHpjp ~}Ibum WN-93-~ .,,~.,~Qt ' _~. ::: , ~p''.1~ F- ~} ,, NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on February 25, 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-i: An application by Robert R. Isbell for approval of a variance to allow a six foot fence to be located within the minimum required frontyard setback as regulated by Section 26-30(I)(1) for property located at approximately 3400 Holland Street and is legally described as follows; Beginning at a point which is 331.4 feet West and 417.95 feet South of the NE corner of the SE 1/4 NW 1/4 of Section 27, Township 3 South, Range 69 West; thence South 91.65 feet; thence West 150.7 feet; thence North to the South line of right-of-way of the Rocky Mountain Ditch; thence in an Easterly direction along the South line of the right of way of said ditch to a point which~is the SW corner of a tract of land described in Deed to J.E. Petticrew dated September 22, 1944, and recorded in Book 496 at Page 112, .thence East to the True Point of Beginning including: A parcel of land located in the southeast 1/4 of the northwest 1/4 of Section 27, Township 3 South, Range 69 West more particularly described as follows: Commencing at the southwest corner of a parcel of land described in Book 2872 at Page 449 in the office of the Jefferson County Clerk and Recorder; thence N89°53'42"E along the south line of said parcel a distance of 93.64 feet to the center-line of the Rocky Mountain Ditch as described in Book 1571 at Page 36 to the Point of Beginning; thence continuing along the center- line of said ditch the following courses and distances; 1. 555039'06"W a distance of 6.68 feet; 2. thence S71° 39'06"W a distance of 10.00 feet; 3. thence 578039'06"w a distance of 20.00 feet; 4. thence N89020'54"W a distance of 20.00 feet; 5. thence N81°20'54"W a distance of 20.00 feet; 6. thence N74020'54"W a distance of 20.00 feet to the east line of Holland Street as recorded in Book 980 at Page 39 from which the southwest corner of said parcel of land described in Book 2872 at Page 449 bears N00°09'05"E along said east line a distance of 2.05 feet; thence S00009'05"W along said east line of Holland Street a distance of 18:16 £eet to the southerly right-of-way of said ditch thence along said southerly right-of-way the following courses and distances; 1. •574020'54"E a distance of 16.22 feet; 2. thence 5810 20'54"E a distance of 22.29 feet; 3. thence 589020'54"E a distance of 23.06 feet; 4. thence N78039'06"E a distance of 22.91 feet; 5. thence N71°39'06"E a distance of 13.53 feet; 6. thence N55°39'06"E a distance of 14.76 feet; 7. thence N40o39'06"E a distance of 3.83 feet; thence N49o20'54"W and perpendicular to said southerly right-of-way a distance of 17.50 feet to the center-line of said Rocky Mountain Ditch; thence along said center-line S40o39'06"W a distance of 1.53' feet; thence continuing along said center-line S55o39'06"W a distance of 3.32 feet to the Point of Beginning; containing 1908.68 square feet more or less. County of Jefferson, State of Colorado. 2. Case No. WA-93-2: An application by U.S. Outdoor Advertising for. approval of a nine foot variance to the maximum height of 32 feet allowed for a billboard as regulated by Section 26-412 for property located at 12351 West 44th Avenue and legally described as follows: Public Storage Amendment No. 1 Subdivision, County of Jefferson, State of Colorado 3. Case No. WA-93-3: An application by T.J. Ammon for approval of a 20 foot variance to the minimum 30' frontyard setback allowed in a Residential-One A zone district as regulated by Section 26-13(F). Property is located at 3365 Union Street and is legally described as follows: Lot 54, Applewood Village Subdivision, Second Filing County of Jefferson, State of Colorado Ma o hapla, Se retary ATTEST: Wanda Sang, City Clerk To be published: February 11, 1993 Wheat Ridge Sentinel P 0.90X 878 TEiEPHONE: ]07/27A69p The City aJ ~.Lv `Q 7500 WE57IDTN AVENUE . wr1EAT RIDGE. GOLOAA00 80031 ~7heat ~ ~ ~" ~ m l ., ~~_~ `Ridge , ~;az..;~~ POSTING CERTIFICATION ~o~ORAO° CASE N0. wA -q ~- 2 PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One) HEARING DATE:~~9-7 I, Ronda Gordon n a m e residing at 12351 West 44th Ave, Wheatridge, CO 80033 r ( a d d r e s s) as the applicant for Case No. WA -q3-"Z-- , hereby certify that I have posted the Notice of Public Hearing at 12351 West 44th 'Ave. ( l o c a t i o n• ) on this -~ ." day of __~~~ , 1g~ ~ and do hereby certify that said sign has been osted and remained in place for fifteen (i5) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: ~~ ~~~r ~~~_ NOTE: This form must be submitted at the public hearing on this case and will 6e placed in the applicant's case file at the Department of Community Development. f ~1/ if P.O. BOX 638 TELEPHONE: 393/237944 The City Of 7590 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 ,, ~1Vheat Ridge February 10, 1993 This is to inform you that Case No. WA-93-2 which is a request for approval of a 9' sign height variance to the maximum 32' height allowed for a billboard for property located at 12351 West 44th Avenue will be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 ,p.m. on February 25, 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 fl The Carnation Citv" i_'' ,_ rlr~_° '',_° rn ~t_, ~`'. 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Pao ~ C9~13q } Cs~cs.~ Kl'15 - _ .- _. - - ~~ CT~e` ~ ~~ .-) ---.Lc~c;v _ Q-vUt CQS 3~'t c.l ~l ~ - - _ .- __ .... __. _ _ - - - - - -__ _ _ _ _l~l 1-_l l:~~c~sht - - ~ C~~ _. _.___ __. --- ---.. . _.._ __..- ~ ~l~n_~ CO __ o~to~-- ~~ ,~ _ _.._~ - _.. e._ . _.._ __.- _ .._ __ ....:_..... _ 1r SEAT BY~Bradley~ Campbells Car; 2-24-93 ; 4~29PM ;BRADLEY GAMPBELL~ C-~ 3038251269;tt 1 BRADLEY, CAMPBELL, CARNEY & MADSEN Professional Corporation 1717 Wasbingtan Avenue Croldcn, Colorado 84401 Teleghone: (903} 278.3300 Teleeopier. (903} 27&3379 ~A 7M,~„T E TRANSMISSIC.JN CANFIDENTfAi.1TY NOTICE Thedocumemts tmusmitted hor~vith mayc~taan cao5dantaal.le6ally~privIleged anSorma[aoa amended aaiely fartha nAmod teoipient, ffyrnt are not the ttmued:eeipiesst or as agent thereof any diaclosura, oopying, nr disseminaticm ofthe hi4ormatlan contained autem m prolubitod. Ifyou have rexavod the eransmimabn is arms. ploa®e Dail ua ammedaatetyto arrange for its return at our eapenea Thnnkyou. TEI ECAPY NO. TO: John E. Hayes, Eaq. 525.1269 FROIVI: Victor F. Bong DATE: Febrttary 24,1993 BGC&M F91e: RE: Case No. WA 93-21fJ.3.Outdoor Advertising We are ttansmittting ~ pages (including this cover page). If you do not receive the numbor of pages indicated above or the docnmeais are illegible, please calf BARB at ezt .256. I-far$ Copy to fallow: Yes _ No _ ADbT1TONAL INFORMATION: SENT BY~Bradleyl Campbell Car; 2-24-93 4~30PM ;BRADLEYI' CAMPBELLI C-~ s- LAW Ot•FICC9 BRADLEY, CAMPBELL, CARNEY & MADSEN I•ROIG>•IONAL OORRORMION 1717 wABMINLPfpN, AVENUE CriYL06N. GOLDRAO6 00401H884 February 24, 1993 ^RTANTI ILONA L. Jahn E. Hayes, Esq. Hayes, Phillips & Maloney, P.G. 1350 6aventeenth Street Suite 450 Denver, GO 8G202-1517 Dear Jahn: Re: Case No. WA-93-2~II.3. Outdoor Advertising 3038251268;# 2 er eeuNSeL w~LUAM o..ronnEON LAURA J.VOOLLO[9AN0 RIl9lLLL CAR}ARLLLI TLL6PHONL (30.f' ~ P~~~708 T¢LtlCOPIVA (soal ass-asp Sn response to your recent inquiry, my pliant, U.S. Dutdoar Advertising, has confirmed that if it is successful in obtaining a variance in the shove-referenced case, its appeal of the Wheat Ridge Board of Adjustment's sarligr dacimion, which ie presently pending an case No. 92-GV-3024 in the Jefferson Gounty District Gaunt, Golorada, trill be dismissed. very truly yours, BPADLEY, CAMPBELL, CARNEY & MADSEA C! Victor F. Boog vFB/acs P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of ` -~ -- 7800 WEST 29TH AVENUE .WHEAT RIDGE. COLORADO 80034 ~=T1_ Pa,f, Ridge March 1, 1993 This is to inform you that Case No. WA-93-2 which is a request £or approval of a nine foot variance to tfie maximum height of 32 feef allowed for a billboard as regulated by Section 26-412. for. property located at 12351 West 44th Avenue will be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p. m. on March 11, 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 "The Carnation City" .- - rn n m 1 '11 n m m 0 D r 7J W O O W O O P 923 920 135 m m m m m ~ Z i G'~ " ~ ' m y i ' O Q N p~ h fi ~ ~ 3 I ~i Mtt O _ > O ' m ~ ~ ~Ot ` ° ~ '~ ~ m '" {a ZZ pa O j ~ NO ~`2 ,. m ~. ~ a ~m < ~ ~ tR a 77 I i ~ .~ ~c _ P 923 920 136 ^~ ~ Q C ~ ~~ Q ~ Q~~O }~{ K !3 Aa m m m ac m c n v ~ m -~ z o m m~ o 'c o c vo of m mo n ~; n Am sl I g ~~ i IMPORTANP. PLACE STICKER AT TOP OF ENVELOPE TO I THE RIGHT OF RETURN ADDRESS. I `° O J j ~_~. -____ _ Z _ ._. __o_ m w~-~ m -'- ~ _--O s"-- ~r.-~°:3 y._~ ~~I l;~: "° 3 II- ~~.~ M•(D ~ii r o `-b ~~ -°m ~'^"{-i~ yw'\ / "m ~~ _- c _-_Z _ ~ m n - m 1 ml GIs .i 6 a N N :~ o> Cn ~ (n n ~' ~ ~J m O I ~ f a a m N lU m O ~' ~ a < y _, m j (gyp m .Q N ~ a i ~- N V ~Nk m a Q ~~s~ M n >~ N~ IQM 2ps~ ~ ~ Q Jt+ ~ t7 Q ~ t+ ~ ~ o •~(AI pA~ ~uy 3.n3 v+e ~ m. o °' ~D~ $ao t,~p ~~N ~ o0 3a° ~ a d~$ q zed ~ ~. ~ _. r; am o - 'aO :QO ? F ~3 o~~+ $ ~~F i~~^ m •.,... ml Y~C N ~-Sml9? ~N~A m ~ C3 $ n =3c ~' ' K ~ ds • ~ N ~~ ~9a ~ a J~ ~y 9D0 a^a} _ ~..~ as ~ W +"+ ° aka ~"'' 4Q EPA ~ ~ F',~~ NwN i ip a o O `$ _ ~ ~ 6 A. d ~' H ~ a ~ o ~ R ~n 'a a° S 'L §~ ~ B iN % ~. ~f~ 3 9 , ~~~ to ~ q N F. ^ ;° o „w . w ne ~3~ zca ~~~ o a N 3 d A ~ ' d ~ D ~ ~ n _ o ~ N -+ O C7 ~ N ~ v3, ^~~°' m o w a ~~a~o m ~ "' p ~~~~~ y a ~ ^ O ~~ ~ p w w o ~ Q o- ~~~x3 m w ~ m ,~ , CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: February 16, 1993 Date of Meeting: February 25,1993 Case Manager: Greg Moberg Case No. & Name: WA-93-2/U.S. OUTDOOR ADVERTISING Action Requested: Approval of a nine (9') foot variance to the maximum allowed thirty-two (32') foot. height limit for a billboard. Location of Request: 12351 W. 44th Avenue Name & Address of Applicant(s): U.S. Outdoor Advertising P.O. Box 6439 Laurel, MS 39441 Name & Address of Owner(s): Public Storage Management 600 N. Brand Blvd Suite 300 Glendale, CA 91203 Approximate Area: N/A Present Zoning: Planned Commercial Development Present Land Use: Surrounding Zoning: Storage N:, E:, W: A-1; S: C-1 Surrounding Land Use: N & E: State Highway, W: & S: Commercial -------------------------------------------------------------- Date Published: February 11, 1993 Date to be Posted: February 11, 1993 Date Legal Notices Sent: February 10, 1993 Agency Check List Related Correspondence ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Zoning Ordinance ( ) Attached (XX) Not Required ( ) Attached (XX) None ------------------------------------- (XX) Case File & Packet Materials (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. .1 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT 2. REQUEST The applicant is requesting approval of a nine (9') foot. variance to the maximum allowed height of thirty-two (32) feet-for a billboard. The request would require that the existing billboard be lowered from its present height of sixty (60) feet to a height of forty-one (41) feet. II. SITE The applicant applied for and ultimately received .approval of a miscellaneous permit to allow the erection of a billboard at 12351 W. 44th Avenue. The permit was approved subject to the following conditions: 1. Approval of the permit is subject to approval by the State Highway Department. 2. Approval is also subject to standards set forth under Section 26-412 (see attached). The permit was approved August 25, 1992. In late September or early October it was ascertained that the billboard was in fact erected too high -_60 feet. The applicant then applied for a - variance to allow the billboard to be at a height of fifty (50) feet. The variance was denied on November 17, 1992. The applicant has now applied for a variance to allow the billboard to be_placed at a height of forty-one (41) feet (a nine foot variance). Because this request is a fifty (50~) percent reduction from the original request it is felt that this is a new application and therefore maybe heard by the Board of Adjustment. 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 contains a storage business that has been is business for many years. It is reasonable to assume that if the billboard is permitted, only under the conditions allowed by Section 26-412, the property can and has been yielding a reasonable return in use; and 2. Is the plight of the owner due to unique circumstances? As this site is under the same constraints as are all other properties in the B-2 billboard zone, the plight of the owner is not-due to unique circumstances; and 3. If the variation were granted, would it alter the essential character of the locality? .t ~- . BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-2 Page 3 It will probably not alter the essential character of the local neighborhood as there is a billboard within the immediate vicinity has a height greater than thirty-two (32') feet; and 4. Are there any particular, physical surroundings, shape or topographical conditions o£ the property involved that would result in a particular hardship? There are trees located on adjacent properties that according to the applicant. should be considered a hardship. However it is Sta££'s opinion that the applicant should have known the trees would be visually obstructive due to the height limitations and therefore the hardship is self created; 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 Staff has not found hardship or any unique circumstances, conditions upon which the petition for a variation is based would be applicable, generally, to the other property within the same zoning classification; and 6. is the purpose o£ the variation based exclusively upon a desire to make more money out o£ the property? Because a billboard is in the business to make money through advertising, a billboard that can be seen above the rest will make more money. Therefore this request is based exclusively 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? The hardship has been created by the applicant and/or his contractor; 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? ,~ BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-2 Page 4 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. IV. CONCLUSIONS AND Based-on conclusions derived from "Findings of Fact", staff. has the following comments: 1. The property contains a storage business that has been in business for many years. It is reasonable to assume that if the billboard is permitted, only under the conditions. allowed by Section 26-412, the property can yield a reasonable return in used; and 2. As this site is under the same constrains as are all other properties in the B-2 billboard zone, the plight of the owner is not due to unique circumstances; and 3. Conditions upon which this variance would be approved could be applicable, generally, to the other property within the same zoning classifications; and 4. Because a billboard is in the business to make money through advertising a billboard that can be seen above the rest will make more money. Therefore this request is based _ _- _ exclusively upon a desire to make more money; and 5. The hardship has been created by the applicant. Therefore, staff would recommend that Case No. WA-93-2 be DENIED. . S CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 11, 1993 Page 3 Board Member ROSSILLON asked staff since this is considered a lot would the fence be-3n the front yard, and Mr. Moberg answered the code is written that a six .foot fence cannot be placed within the front yard. The front yard is defined by thirty feet, so they could run a fence up to 30' from their west property line. Ms. Isbell spoke again saying the property to the north of them is the 'big hole' that most people in Wheat Ridge are familiar with, so the fence should not be a problem on that side. No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 93-1, an application by Robert R. Isbell, be DENIED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case DO NOT support the granting of this request. Motion was seconded by Board Member BERNHART. Motion carried 7-1, with Board Member DOOLEY voting no. Resolution attached. B. Case No. WA-93-2: An application by U.S. Outdoor Advertising for approval of a nine foot variance to the maximum height of 32 feet allowed for a billboard as regulated by Section 26-412 for property located at 12351 West 44th Avenue. Greg Moberg presented the staff report. Ali pertinent documents were entered into record,-which Chairman HOWARD accepted. Bcard Member ROSSILLON asked will the sign be lowered from 62 feet to 41 feet, and Mr. Moberg answered yes, everything else will remain exactly the same. However, the sign has been lowered already. Board Member BERNHART asked if the sign is at its requested height, and Mr. Moberg answered yes. He continued saying a total of 19 feet has been cut off, so if this request is approved, the sign will remain as it is now. No further questions were asked of staff. Victor F. Boog, 1717 Washington Avenue, Golden, CO, was sworn in. Mr. Boog is the attorney representing U.S. Sign- Company. .. ,. . CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 11, 1993 Page 4 He asked the Board to take notice and incorporate by reference, the testimony and exhibits that were introduced in Case WA-92-19. Mr. Boog 'entered into record several photos of the present sign and one before the sign was lowered to give an idea of the difference between its then height and its present height, all labeled Exhibit 'A'. If the sign were limited to 32 feet it would not be visible for travelers going east to west. The sign in its present configuration would not clear the tops of nearby trees, and there would be a more serious problem when_the trees leaf out. The sign is visible when traveling west to east because there are no trees encroaching. If the sign were again limited to 32 feet, it would essentially be behind the Public Storage sign. and would not be of any significant value to the owner. Mr. Boog said this sign in contrast with others in the area would not be out of place. The land upon which the sign is located is significantly below the grade of the highway, way more than the nine feet being requested. This particular site selected was essentially the only site available that would meet requirements for both the State and-the City along West I-70. Mr. Boog went over the criteria and felt this piece of ground has unique :topographical circumstances because it is significantly below the level of the highway. He does not feel it will alter the character of.the_-locality because there are signs higher within 600 feet, and if the strict letter of the law were carried out the billboard would not be visible to motorists. This condition is not typical for. all property that is available for signage because not all- property is 10-20 feet below the level of.i-70. Mr. Boog feels the hardship arises from the topography, existing trees, and from existing signage that would block other signs. Mr. Boog said they do not meet each and everyone of the criteria, but they can meet the majority of them. If this variance is granted it will not change the character of the neighborhood. Board Member ABBOTT asked if the sign has been lowered, and Mr. Boog said yes, they actually went out and cut a section out of the pedestal. The old .sign cleared the existing trees in the neighborhood, the new sign is right in the top of the trees. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March il, 1993 Page 5 Board Member ABBOTT wanted to know why the company would spend a lot of money lowering and cutting .out a section of the sign for something that is still out of compliance, and Mr. Boog said he told his client the. longer the sign stood was up there at 60 plus feet, the less sympathy anyone would have for the company, and advised them to lower the sign as much as it could be and still be visible. They were also motivated by what Mr. Moberg said in terms of a substantial change to justify a further consideration; at least a 50g difference. Board Member ABBOTT quoted the 3M representative that-spoke at the last meeting saying 'that if this variance was allowed he would feel he has an opportunity to come back to Wheat Ridge and ask that his signs be raised', and asked Mr. Boog how he would counter that statement. Mr.. Boog said the 3M signs are not pedestal signs, and there is more than a height problem as they do not meet the present sign criteria. If 3M had a location such as this, they would have to make all their signs conform with construction. Board Member ABBOTT asked staff if the design had anything to do with the variance, and Mr. Moberg replied no, every case heard is site specific with unique circumstances. Listening to threats such as that could mean that you would be approving this arbitrarily. As long as a request is approved for specific site reasons, then GM would have to prove their case also. Board Member HOWARD asked if he advised U.S. Outside Advertising to lower this sign to its present height rather than leaving the sign as it was and having the case heard, and Mr. Boog replied yes. He said he felt there should be proof what the sign would look like and present a view what was being requested instead of guessing. Mr. Moberg explained why the request is for 41 feet saying it is odd but there is a theory behind it. Discussion followed. No further questions were asked. Motion was made by Board Member ABBOTT, that Case WA-93-2, an application by U.S. Outdoor Advertising, be APPROVED for the following reasons: 1. There is a unique circumstance with 1-70 being elevated and above average height at this location. 2. There is a unique circumstance in that the existing signage of both complying and legally varied heights exist proximal to this location. 3. The lowering of the billboard below the requested 41 foot at this location would compromise beyond economical or informational value of this structure. .- CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 11, 1993 Page 6 Motion was seconded by Board Member ROSSILLON. Board Member BERNHART asked staff if there was any confirmation that the top of this billboard is 41 feet, and Mr. Moberg replied only that we were told that, however as a condition the sign height could be verified. Discussion followed. Board Member BERNHART at that time offered two friendly amendments.- FOR THE FOLLOWING REASON: 4. There is vegetation adjacent to the billboard which creates a unique situation in terms of visibility, and WITH THE FOLLOWING CONDITION: 1. .The top of the billboard be verified to be no higher than 41 feet by an independent, outside source before the panels are added. Motion carried 8-0. Resolution attached. C. Case No. WA-93-3: An application by T.J. Ammon for approval of a 20 foot variance to the minimum 30' front yard setback allowed in a Residential-One A zone district as regulated by Section 26-13(F). Property is located at 3365 Union Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. Board Member BERNHART asked how close is the deck on the property to the north to this property, and Mr. Moberg answered Mr. Ammon does own both of these properties, but believes the deck goes across the property line. Board Member ABBOTT wanted to know what the 10' strip was to the west, and Mr. Moberg answered that just illustrates the rear setback. Board Member ABBOTT asked another route for the applicant to go is to ask for an exception for the back side to encroach into the flood plain, and Mr. Moberg said he could apply for - that, however, it is a much more expensive process and there is criteria he would have to .meet. Chairman HOWARD questioned who asked for the right-of-way width reduction request that is coming in, and Mr. Moberg answered staff. The request is for a 10 foot vacation along the entire length of Union Street, and if 'this variance is granted, would make this a 20 foot setback. The applicant- is requesting a 20 foot variance from the existing right-of- way line, not the proposed. 'S,c 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 11th day of March ,- 1993. CASE NO: WA-93-2 APPLICANT'S NAME: U.S. Outdoor Advertising LOCATION: 12351 West 44th Avenue Upon motion by Board Member ABBOTT ,_seconded,by Board Member ROSSILLON the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-93-2 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 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 Board of Adjustment Application Case No. WA-93-2 be and hereby is APPROVED. TYPE OF VARIANCE: A 9', to the maximum height of 32 feet allowed for a billboard. FOR THE FOLLOWING REASONS: 1. There is a unique circumstance with I-70 being elevated and above average height at this location. 2. There is a unique circumstance in that the existing signage of both complying and legally varied heights exist proximal to this location. 3. The lowering of the billboard below the requested 41 foot at this location would compromise beyond .economical or informational value of this structure. 4. There is vegetation adjacent to the billboard which creates a unique situation in terms of visibility. WITH THE FOLLOWING CONDITION: 1. The top of the billboard be verified to be no higher than 41 feet by an independent, outside source before the panels are added. VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker, Reynolds and Rossillon NO: None DISPOSITION: VARIANCE GRANTED BY A VOTE OF 8-0. D ED this 11th day of March, 1993. ROBERT HOWARD, Chairman Mary L~u Chapla, Secretary Board of Adjustment Board o Adjustment