HomeMy WebLinkAboutWA-95-12
The City o! ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO. 80033
Phone (303) 237-6944
Applicant R-' v ~'~ +l~~~-'~.l )L Address_
Owner ~~~t~ T~art'~"r~~n.e k Address_
Location of request `~p9o'L ~f{2.4~
Type of action requested (check one or
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
Preliminary
Final
[]** See attached procedural guide
for specific requirements.
Detailed Description of request
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
ADDRESS
k (~a~~ S 3'~
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 actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action o ~ s~ha~ ~-
Signature of .Applicant - ~ - _, a-
Subscribed and sworn to me this day of =t--_ ~- _, ._
SEAL
-~ A 9J luaa ~a t~ S'~. Phone 4re23- ?ri 0 S
'pbs'0 ('J 5~3~ ~ Phone '~3- g7gC~
~ 5 ~ f.~lu ~- r2~'~T ~ ~'oa 33
more of the actions listed below
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
Received Receipt No. Case No.
My commission expires 1 oi`! `-~'~
i,t~l;'~r 0~-13-1985 SBp.QO
` ~~OMNIBANK
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7878 Wat 80thPlew
ptvndy Colorado 80005
(30T) 420da6i
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COMMERCUIL PURPOSE
DEED OF TRUST AND ASSIGNMENT OF RENTS
oamxaAEr< tTODxEaxax ARVADA aRAHCE .
sa7vnns, waoaDPDrsacE , '
a,, i,,,n..d N.,wenn imm tM data tharoot nt the rate apedfie0 to tM Nora, payable w fattowa:
' PRIIICIPAI. 88LANCEr PLDa AI.L
T8E ID119RITY DATE 0! OCTOBER
the pdndpel and Imeroat of eab Nore entl ad ronewala, axtartdann,
iaroof thoraarter referred to as trw'bawrad ObllOaflon~ In tvlloaa I:fs'r.'
rw and adv¢n W mods to prdxr the coliCa.1 cenrrcd hareurd.r r..""
CA058 COLLATEW11Jllsl lyres
2 ~ PROPERTY IN TRUST. NOW THEREFORE, Grantor, In conNenalbn of the d BerwAdary or any oihar obartkOtg a bal~aN
cortelderotion of the Indettedrwaa harcln re~d~t~ed{ ae well as such AddY~ar»I ObGpa6du
of DMNISANCARP, does hereby Orem, 7awywn, ae0, VuufH, aaalOn and oonvry unto rho Tnratoe N Wrt forever, the fMowlnp
doacmOd properly aLunted b the Couray d r..+.nnpH . Stxle of Oofdado, to wtt
r{OR3r ePECIlICALLY DESCRI7lED IH T8E "^ D EZEISZT rA' h'HICE BY TEIB
nEErusrntcE is IECORPDEATaD naREIH.
a~~Ir: {890 4 1891 INREEALL ETEEETr NEE871tID0Er ~ 80033
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systems now or hereaRet aRacn d appurten o e m
~~%~ fMe(rotl ~ w o~ ~ ep _InB, to0athar wkh ~aald Property Ior the eaeehold eataro If lhla Dyad at Truer Ie on a
3. 4 REYOLVIHO UNE OF CRWR/DMW Nt7TE If checked, the fo0owlnp ndlc° V appi~bh.
~~ppTT~~~~~~ THI$ DEED OP TRUST SECURES A NOTE WHION PAOY1bE4 POR A REYOLVINO LINE Of CREDfT
FF~..TQRe ORJ DADYANCE FUNDS TO THE ORROY/E IR N ACCORDANCF~WfTH TFiH TERMS OF THE NOTE,
OEUGATEO TP
INCLUDING fUTlIRE ADVANCES UP TO TH€ PULL PRINCIPAL BUM SEf FORTH HEREIN. IN VIEW OF
PAY OFF 7H15 DECD OFTTRUST SHOULD 06TA NAA WRCiITEN STATEMEM OF PAYOFF ON THE SAY OP
1NTENOm PA`YOF~.
Grantor coverunta mrd draw thm thk Dodd of Tmet ahaA aeewa all eaistu+0 bWancas as well as fuNro advenoas made by BeneBaary
pursuant to the terms of Nde.
6, TITLE; HOMESTEAD WAIVER. Grantor, for hlmseH end Nr his he0y~~, ~ wo9 ~bl~ o(td~a ea'd tsnnd andatenemey In
and whh the Tnuroo, that at the time of the anaaaOnO of and dellvary W these W and lavdul auNtorRy to Gram,
faa s4nple and that ha hac good and markMable title N sa78 Propody and has flood dOht, full power od dOhls and
bargan, Dolt and convey the came in the manna and form av a(orocob; ~horeby fully and abcoluloN'>~'dn0 and rote®In9,
aaime M, his heir, auoraaaors or assigns may ha^e In or eo ~d ~ dsihe .Stato at Colorado nYour epa4 9 or whldt mayhharaaRo II:.
HBr.QADB OF
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off 5/16/93 ONDER
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THI9INDENTURE, mode this doy of "°-'°'-""--~-'
pu611c Trustee of the courtly In Idt the Propody bated, n the Stele of brado, harc4tafler relened to ae Tturn99', VJlmaualh:
T. eNOTE AND ADDITIONAL OBLICiAT10N8 SECURED, That YIHERE/5,•g96owor, Idendded hardna~v~h~peMed a
d sum of
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P.O. BOX 638 TELEPHONE: 303/237-6944 The City OI
7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80033 (,Z ~ Theay.
- `CRY idgel
This is to inform you that Case No. wA-95-12 which is a request
for ~oproval of a variance to allow a roof sign .in a Commercial~One
district located at 4892 Marshall Street.
for property located at
4892 Marshall St.
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 Thursday, May 25, 1995
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 tq review any plans, please
contact the Planning Division: Thank you.
PLANNING DIVISION
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CITY OF WHEAT RIDGE PLANNING DIVISION (~ yG}~~"-
STAFF REPORT ~l~ ~ "(~
TO: BOARD OF ADJUSTMENT
DATE OF MEETING: May 25, 1995 DATE PREPARED: May 16, 1995
CASE NO. & NAME: WA-95-12/Bartunek CASE MANAGHR: Susan Ellis
ACTION REQUESTED:A Variance to allow a roof sign in a Commercial-
. one zone district.
LOCATION OF REQUEST: 4892 Marshall St., Wheat Ridge
NAME & ADDRESS OF APPLICANT: B&B Heating and Air Conditioning
NAME & ADDRESS OF OWNER: Steve Bartunek, 6050 W. 83rd P1., Arvada
APPROXIMATE AREA:
PRESENT ZONING: Commercial-One
PRSSSNT LAND USE: Air Conditioning service and repair
ZONING: N:, S:, E:, W:, Commercial-One
LAND USE: N:, S:, E:, W:, Air Conditioning and
heating repair, automobile service and
repair and electrical sales and repair
DATE PUBLISHED: May 11, 1995
DATE POSTED: May 11, 1995
DATE LEGAL NOTICES SENT: May 11, 1995
AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQUIRED
RELATED CORRESPONDENCB: (XX) ATTACHED ( ) NONE
ENTER INTO RECORD:
( ) Comprehensive Plaa (xx) Case File & Packet Materials
(XX) Zoning Ordinance (xx) Slides
( ) Subdivision Regulations (xx) Exhibits
( ) 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
CASE NO. WA-95-12/1
I. REQUEST
This request is for
in a Commercial-One
already erected and
Marshall Street.
STAFF REPORT
?AGE 1 -
approval of a
district.. The
contructed the
variance to allow a roof sign
owner of the property has
sign on the roof at 4892
The applicant has stated that the sign is located on the. roof and
is being supported by two poles placed through the top of -the
roof and anchored to the floor inside of the building. (See
Exhibit A)
The sign was brought to Code Enforcement's attention after
receiving a complaint. After investigating, it was found that
the applicant did not obtain a building permit to erect the sign
and therefore created his own hardship in this matter. A warning
notice was issued citing Sections 26-406: Sign permit required
and 26-409(9): Roof signs are prohibited. After receiving the
warning notice the applicant applied for a building permit, the
permit-was denied by because staff concluded that this is a roof-
sign and thus prohibited. The_applicant appealed that decision
to the Board of Adjustment in February by requesting an
Interpretation of a roof sign. That request was denied. See
attached minutes and resolution.
Relating to the building permit, the applicant submitted a
drawing showing the structuring of the sign. According to the.
building department, this sign cannot be approved as constructed.
The building department would require the applicant to submit an
engineering study to confirm that the structure (building, -roof
and sign) would adequately hold-the loads imposed on it. (See
Exhibit B)
II. CRITERIA - In regard to the criteria used to evaluate
a vaiance request, staff finds. states the following
conclusions.
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 regulation for the
district in which it. is located.
Yes, the property can yield a reasonable return in use
and an equal return in income with a free standing sign
serving the same purpose.
CITY OF SVHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-95-12
2. Is the plight of the owner due to unique circumstances.
No, there are no unique circumstances.
3. If the variance were granted, would it alter the essential
character of the locality.
Staff feels this request would alter the essential character
of the locality if the variance is granted because of the
precedent being set in this area and the entire. city. The
partial intent of the roof sign prohibition is aesthetics.
4. Would the particular physical surrounding, shape or
typographical condition of the specific
property involved result in a particular hardship upon the
owner, as distinguished from a mere inconvenience, if the
strict letter of the regulations were carried out.
No, the applicant created his own hardship by not obtaining
a building permit before the sign was complete. I3ad the
city received a permit for such a sign, it would have been
denied based on the city's sign code and building code
regulations. The owner would may not have invested time
and money and would have been given alternatives to
advertise the business.
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification.
Most definitely yes. Staff has had other business owner
waiting for such a variance to be approved so they will
have a good basis and precedent to request approval for
their roof sign.
6. Is the purpose of the variation based exclusively upon a
desire to make money out of the property.
Yes, the purpose of signage and advertisement is to draw
attention to the business with the potential of creating
more income for that business.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the_property.
Yes, as stated previously, had the owner/s followed the_
proper procedures, this request would not be necessary.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-95-12
8. Would 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.
No, however, it would set a dangerous.precedent throughout _-
the city.
9. Would the proposed variation 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 or substantially
diminish or impair property values within the neighborhood.
No, the sign would not impair the supply of light, air or
congestion, however there is the concern for fire and public
safety if building code requirements are not met,
specifically an engineering study requested by the building
division.
IV: STAFF'S CONCLUSIONS
It is staffs opinion that the sign
supported by the roof.. It was con
jnaintained above the eaves, as per
5fa~ c nsi e ZTT15 o e a roof
clearly prohibited.
in question is attached to and
the definition of a roof sign.
sign and concludes that it is
The applicant in this case has clearly created his own hardship
by not following city codes and procedures put in place to help
prevent this. kind of problem.
The applicant has alternatives available to him, such as erecting
a freestanding sign or banners. The money and time invested in
this sign seems to be a legitimate concern to.the-applicant,
however staff must reiterate that this hardship is self imposed.
Staff feels that this request needs serious consideration from
the Board of Adjustment and stresses that a self imposed bards:
and mere inconvenience should not be i ication for aAprot~a
."-~ -„~.,e ar~r~rntra l nr ~n a vrtt id.ttt.c W ~u.tu ScL a ..~..++~~%-'
prece ent throughout the city.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-95-12
If the requested variance is approved, staff recommend the
following restrictions:
1. The sign shall not be illuminated.
2. The building permit requirements be met and inspected within
30 days from this date.
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7500 WEST 29TH AV EfSUE ~ •
P o eox 63s - = The City of
WHEAT RIDGE. CO 80034.0638 - (303) 234-5900 cWheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
February 15, 1995
B & B Heating and Air
4892 Marshall Street
Wheat Ridge, Co 80033
Dear Applicant,
Conditioning, Inc.
In regards to z sign using the existing structure of a
building for support, the City will require an engineering study
to confirm the structure (building, roof and sign) will
adequately resolve the loads imposed upon it.
This study should take into consideration the 90mph wind load and
the 301b per square foot snow load without damage to the
building, roof or sign.
Si cerely
/John Eckert
Chief Building Official.
EXHIBIT B
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Wheat Ridge Board of Adjustment Minutes Page 15
May 25, 1995
Board Member HOVLAND asked staff if a drive-thru was as allowed
use is the City.
Mr. McCartney answered yes.
There were no Further questions.
Board Member ROSSILLON moved that Case No. TUP-95-6, as
application by Joha D. Colip for approval of a renewal of a
Temporary Use Permit to allow a drive-through espresso business
on property located at 4311 Wadsworth Blvd. and zoned Commercial-
Oae is approved for the following reasons:
1. The five Findings of Fact support this request.
2. The temporary use at this location has not had a detrimental
impact oa the surrounding property owners and continues to
act in accordance with the original findings.
With the following conditions:
1. The temporary use remain as it has within the past year and
not expand its' use in any way.
2. This is clearly as interim temporary use and shall not be
considered as a basis for future temporary requests.
3. We recognize that staff would not support as approval for a
permanent location on this site.
4. The lot be striped to insure there will be room for the
stacking of six automobiles.
5. If the east window is used, it will be barricaded for
pedestrian use only.
Motion carried 8-0.
_. as e_ a._ W$C=X35=:12:. An application by Steve Bartuaek
for approval of a variance to allow a roof sign in a
Commercial-One zone district located at 4892 Marshall
Street.
Susan Ellis presented the staff report and asked for questions
from the Board.
Board Member ECHELMEYER asked the difference between the subject
sign and the OK Tire and Rubber roof sign at 38th and Harlan
Street.
Wheat Ridge Board of
May 25, 1995
Ms. Ellis stated tha
However, the City is
erected prior to the
legal non-conforming
Adjustment Minutes Page 16
t many roof signs exist is the City.
phasing them out through attrition. Signs
present law going into effect, are called
signs.
Board Member ECHELMEYER asked how long the law had been in
effect.
Ms. Ellis stated she believe since 1976. She added that the law
specifically prohibits roof signs from 1988 to the present.
Board Member ECHELMEYER asked about "graadfathered" signage.
Ms. Ellis stated that owners of signs erected prior to the change
of law prohibiting them may change only the face of the sign.
Once the sign is removed, it cannot be replaced.
Board Member HOWARD asked if the applicant submitted a property
survey with his application?
Ms. Ellis stated a site plan was submitted, which she put oa the
overhead projector.
Board Member HOWARD asked if the building was on the property
line.
Ms. Ellis stated the applicant has stated it is within a few
inches of the property line. She pointed out that adequate space
is their parking area to erect a freestanding sign, which would
be legal.
Board Member WALRER asked if they had adequate setback to allow
sigaage in the parking lot.
Ms. Ellis stated there was a 71-foot, it-inch setback, which was
e more than adequate.
Tim Bartels, 669 South Sherman Street was sworn ia. Mr. Bartels
showed to the Board two pictures he had taken of other roof signs
in Wheat. Ridge. These were entered into the record.
Ms. Ellis stated both signs were roof signs, but were erected
prior to the change in law.
Mr. Bartels asked why roof signs were not allowed in the City.
Ms. Ellis answered that the major reason was aesthetics.
Visually, roof signs are not appealing she added.
Mr. Bartels complained that the subject sign looks much better
than many other roof signs in the City.
Wheat Ridge Board of Adjustment Minutes
May 25, 1995
Page 17
Ms. Ellis stated that was true, however, roof signs in general
are not desirable.
Mr. Bartel_s_ asked if a freestanding sign must face Marshall
Street.
Ms. Ellis answered ao. The sign can face any direction.
Mr. Bartels, asked if a freestanding sign was erected, would they
have to construct a planter around it? He had concern that this
would eliminate parking space.
Ms. Ellis stated she did not want to discuss details of a
freestanding sign at this time. A freestanding sign is allowed.
Mr. Bartels gave a brief history of the construction of the sign.
He added that a sign was essential to his business and he
reiterated that erecting a new sign would be costly.
Chris Flageolle, 6885 West 91st Court, #22-202 was sworn in. Mr.
Flageolle stated the sign had increased their business. He felt
moving the sign would be a hardship, but acknowledged that they
had created the hardship themselves by erecting the sign without
permit. Mr. Flageolle spoke of potential problems with utilizing
the current sign as a freestanding sign. He elaborated.
Ms. Ellis stated a 50-foot freestanding sign would be allowed,
due to the close proximity to the highway.
Board Member ABBOTT moved that Case No. WA-95-12, as application
by Steve 8artunek for approval of a variance to allow a roof sign
in a Commercial-One zone district located at 4892 Marshall Street
be denied for the following reasons:
1. The Board concurs with staff responses to all nine criteria
and to Staff Conclusions, Section IV. of the staff report.
2. TAaere are alternative locations for an allowable
freestanding sign on the site.
Board Member SANG seconded the motion. Motion carried 8-0.
A brief recess was called at 9:40 p.m. Meeting reconvened at
9:48 p.m.
F.
Ridge for
to wheth
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Ms . Ellis prese~n~ed
-95 21: Aa application by the City of Wheat
interpretation to the Zoning Ordinance as
a mot-bellied pig is an allowed household
the stad~f report.
CERTIFICATE OF RESOLUTION
I, Sandra Wiggins, Acting 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 25th day of May, 1995.
CASE NO: WA-95-12
APPLICANT'S NAME: Steve Bartunek
LOCATION: 4892 Marshall Street
Upon motion by Board Member ABBOTT, seconded by Board Member
SANG, the following Resolution was stated:
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-95-12 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 Board of Adjustment
Application Case No. WA-95-12, be and hereby is DENIED.
TYPE OF VARIANCE: To allow a roof sign in a Commercial-One zone
district
PURPOSE: To advertise his business
FOR THE FOLLOWING REASONS:
1. The Board concurs with staff responses to all nine criteria
and to conclusions in Section IV. of the staff report.
2. There are alternative locations for an allowable
freestanding sign on the site.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Dunker,
Rossillon, Sang and Walker
NO: None
I
DISPOSITION: A Variaace to allow a roof sign in a Commercial-One
zone district located at 4892 Marshall Street was denied by a
vote of 8-0.
DATED this 25th day of May, 1995.
Susan Junker, Chairman
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Sa a iggins, A t g Secretary