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HomeMy WebLinkAboutWA-95-14 rnecrryof ADMINISTRATIVE PROCESS APPLICATION ~lVheat Rid a Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant GORDON SIGN for VOLANT Ad_dre_ss 2930 W.-9th Ave. Phone 629-6121 Denver, Colorado 80204 Oraner R.W. Gasham Address. 1123 Broadway Phone New York, NY c/o Kew Location of request 10601 w I-70 Frontage Rd. North nn=„ ~om=„+ Type of action requested (check-one or more of the- actions listed-below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation-of.code- Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision- Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural-guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request See attached le al - Section 16, Township 3, Range 69 SE 74 2.32 acres Reception 7 7 * List all_persons_ and companies_who_hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS- PHONE Volant Inc 10601 W I-70 Froritaae Rd N_ orth 420-3900 _.... _ ., ..z _.._ ._.,. ..~ RW Gasham Partntr ership 1123 Broadw,~y NY NY 1000 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 _su__bmit power-of-attorney from the owner which ved of this a 'on on ehelf.-_- _-- nit PEl~ S' u'Ye"t~ licant M Subscr,2'xied and sworn to m -this ~b day of E~, 19 ~~ c y , •~ ~l '/' '..... ~OQR No ary Public - _ ~ _ _. ., N~.~~v~~~ My commission expires z~ ~~ Date Received - Receipt No. Case No. MAY 16 '95 1348 / ~~7 y~:'~i%_ FI2C1M GORNDON SIGN CO t..«i.t7.~..~.~.~ 7_~ naaa0sa lhr TO 2345924 ~~~ ~ ~W .r J.uaraat 'jam DsIDI itat-1tM 20 th ~ at Jutu A 78 ,beprata NISZLR-~~ A850CIAT8S, a Co3oradW 1laitad Prrtnerthipo Camtyd Anpabo^ sat e8aaddi- crib d d,a lhat Yatt. sad R. W. GASMAIto rheov rddnov is 1390 South Coiorado 8oedrvasd. 8envar~ Wiosrdq 80222. a ten^nl parinee~a,ayyy d afYaltL wfr oat b ehtw d qa tus d Sao Maa d Colorado . d tM aseaat fate PRGE. 0~?J003 .~ - > BTAV . 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M fro aMgM, ant M a teat rfshR fc0 peter tad Mead YeBetly V a,~, hpfaM,aell ay at^eaY parar aaauma and roes w staeradL sad coat w tart an ow tad el.ar n.a i; a8 farrari attoa a+oM. baeaWbeaMb NrS tub aaaaa .at armnbnaeMdwea.ar>d.dRaaaa IAt4 ~' away, e7cc^ptW torte Coc the yeex 1978, due January 1, 1979, and aub^equenc yeah ~, eov.~eats and reacrictioee aE recoed. and deed of truce Eros Ssfntor so Pubilc ~j Troasea of Jefftrsoa Coovty for the uee of Nort[+Re Pisance, iae. to secnn 8830 D00 doe^d Nay 1, 1918, reaosdad NaY 9. 1978, at Reception No, 780i12)2o vibe party n! the ^ecoed part sa.uses and agrees to pay. ~1 ad ~ e5aea taloebrl feeaeite M tL 9dd aM 9rreefai fuaearon d fhe erii Mr4 d tM aew^i latR tM 111' earo.waa rlaadpe, a(ahrt aR aM arrq ltar w Man. Mwfdt7 aMbsMS a' M daMe tM wMM K oaf fat ~' 9wrf. t71e ado lay d 0r lHat sat drll art v0 RAS1tANT AN0 lO1111NiA A~l'IIfD, itl 1/lrMBM 1-fmtADP,'rlr aJa foot y d ar fi.ot Mw a^ ^ Y.rraum tot itt Mal ~~ oat tad om W b tad fa* Oeey alrw welefw ~! ppal, W W oat DeB.n.t M tit Ptwaa d I:t1Un13.Rx?11u,Ea ASSOCIATE'S (y~,l .~ ~~.~: "i. .r....-._.~.m......-...-..-...-. J14. !J ~•.~lt~~LiG..,~t.+Gat•~/tay7t-_.I6aAT•] 1TATtOFa0L07tA00, ~ d9y: ~ {//'~~"_ ~/r~r~. ~ r Qswrs d Arapabeea Jnne eMa Inl*^eaeat war ad..wMdaN Mha ar tYM d.y d urea A. Millar. General Parsner, and mugiaa C. MLl1er, Provident of tad C^apany Ge ral gasenar, of Millar-11S1Ur AsaocisMr. a Glorado tMr apeMaa. laGrHPaa liadt^d pareovr^~lp. {1/yhlta~Ntef`N'[l(d~..w~'~q~~~~,, ,~n~G~~~._ ..' • ~ '~r~ ~Mrn/rWMM a.,er4aaleetfar4 ~, ! IY.W }r MAY 16 '95 £' V •. i 7' r~ 13 49 FROM GORDON SIGN CO TO 2345924 E a: x i 1 1 'T~ A r~.ea3reas r~:s~:~~ • .. ~ ve r •. t+D NarzantY Dead dated Sony 30, 1971. batwaan R. N. Gaahaa, a ggMZal PartMrsbip, aM ]tSilar-Eillaz Aasociataa, a liadtad Partuerrhip. 3 Sovtlti ~rR+nge 69 Wlorado. woes v++ Feglnaittg at the 3 South, Range 69 Section 16 a dista contisufsg along easterly sinking + course a distance ..,ale to the righ a ited in the SN 1/4 SE 1/4 of Section 16. TiP esL Of the bth P.M.. County of Jefferson. Cato of icularty described as f0110as: uthrast corner of the SE 1/d of Section l6, Tow>~ip est; thence North alonnn99PP~Dt_1te Northsot-th Centaritne of id cen~itneta aia~tance of 1896001f~ael~~t ~e- 4git39 ,,f~e:etNe,:cxeEasterlyfn+kingdeflection id of iS•36' xlth last said course a distaste of 227.00 parallel to the East line of the SN t/4~ E i/ of tote of 346.00 feats which paint is 300 eeL the South line or the SN 1/4 SE i/4 of Section l6: thence hest parallel POINT OF 0 GINNING fescept the4Nesteriy 504sf tethereaf.00 feet to THE Together xith each and every right or rights of access to and Eras arty part of the right of way for Colorado State Highway !58 along or across the access tine or lines described a5 foilOxs: Beginning at + point on tits rest line of the SE 1/4 of Section i6. Township 3fr wt~ich~point thetS 1/4hcornerpof SactiOe i6 6easrs SOOth Colorado, 0.21' East, a distaste of 300.0 feet: thence North 89•<0'30• as a distance of 789.6 feat !o the east Pr~r~ lines County of Jefferson. State of•W]orado purported Address: 10601 Nest North t 70 Strvice Road ... xoK TOTRL PfaGE.003 ~ ~?~-118 i'r , ~'P ~ ~ R.W. GASRAM 1123 Broadway New York, N.Y. 10010 Mr. J. Liley Gordoa Sign Coapany 2934 Weat 9th Avenue Deaver, Co. 80204 Dear Mr. Liley: This will serve as our authorization to you to procas~ an applicatiaa far our tenant Valant, for a new freestanding si9a to be installed on our property at 10601 W I-70 Frontage Road North in Wheat Ridge. Please submit all design details to David Spira, in the Deaver office of Kew Management Corporatioa, for approval,betore you proceed. Vary truly yours, R.W_ GASHAM ~~~ eanette E. Spira GQneral Partaer cc: David Spira APR 20 '95 09°55 ~~ ~~ PRGE.601 1:~-11P lT 'rE rr REQUEST FOR: VOLANT 10601 W. I-70 Frontage Rd. Volant would like to request an overall height of 32'6" with a 9' setback from the property line. Code would allow us a 50' high sign due to the fact that Volant is within 1/4 of a mile of I-70. However, the code requires a 30' setback for any ground display over 25' high. The property line is 15' back of the curb. In order to keep the sign out of the drive and in between the parking spaces, we need a 9' setback from the property line. The 30' setback will set the sign in the middle of the drive. VOLANT ~I!<J1L.NiNT May 11,1995 1=XN1BiT ' G " ID:303-456-7810 MAY 12'95 15:13 Mo.014 P.01 Glen Gidley Director of Planning & Zoning City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Re: Volant, Incorporated 10601 W. I-70 Frontage Road North Variance Casa No. WA-84-14 Volant, Incorporated applied for and was granted an administrative amendment to erect a freestanding sign at an overall height of 27'-5" above grade with a 9' setback from property line. This represents a 10% variance to what was permitted by code. The size of the sign is within the code requirements. Before we excavate for our footings, we notify all of the appropriate agencies to locate any underground utilities. Clear Creek Valley Sanitation District has a main sewer fine which is 22' north of the flow line and runs parallel with the frontage road. A sign cannot be located within 7'-ti" of either side of the sewer fine. The 9' setback is now unattainable due to tFte~15' sewer easement. We are now forced to locate the sign 19'-6' back of the property line. ?'his changes our variance request from a 21'x" sign setback variance to a 10'x" setback variance. We would not be able tv meet the 30' code setback requirement as the sign would be located in the middle of the parking lot. l=nclosed fs rough sketch of the proposed signage, sewer line, and Setbacks. In view of these changes, we would appreciate the opportunity to install the sign at an overali height of 32'-6" above grade (code allows 50'), at the 19'-6" setback from property line (code requires a 30' setback). Volant has planned a grand opening on May 19, 7995 and the Variance date is not until May 25, 1995. if we are net successful in attaining the 32'-ti" overali height we are requesting, we would agree to lower the sign (within 30 days of the variance) to 27'-6" as approved by the previous administrative amendment. Volant would not hold the City of Wheat Ridge responsible if the variance is denied. Uplantlncorporated, 30601 W.I-90FruntageRd. Norih,WheatRtdge, CO80033USA Phone:(303)42D-3900 FAX: (303)456-7810 VOLRNT ....,...r.. May yt, tas5 Qien Qidley Page 2 ID~303-456-7810 MRY 12'95 15 13 No .014 P.02 it is much more costly to raise the sign an additional S than to Power the sign by 5' once the sign has been erected. In view of the additional hardship which the sew®r line presents, we have reduced our request from 70% varianoe to a 35% variance. We feel this request is in keeping with the intent of the sign code and would not affect the health, safety, or welfare of the surrounding properties. We would appreciate your consideration in this matter. If you have any questions br require any^~ddltional information. please calf me. HK/cp M E M O R A N D II M TO: File: Volant's Building Permit #735 10601 W I-70 Frontage Road North FROM: Glen Gidley, Director of Hlanning & Development RE: Request for Sign Permit which violates City Sign Code DATE: May 16, 1995. Volant has requested a sign permit to_a11ow a free:-standing sign, 32'6" high be placed 19'6" from their front property line,- where a 30 foot setback_is required. Volant has applied to the .Board of Adjustment for a variance to allow the lessor setback. Volant has requested, in writing, permission to erect the sign at the 19'6" setback with the full understanding that they accept all associated risks and liabilities should the Board of Adjustment deny the variance. Should the Board deny the variance, Volant will lower the sign to 25 feet in height, or relocate the taller sign to the required 30 foot setback. Based upon Volant' perm}~ is hereby ~ U1en viaiey, Planning and acceptance of these conditions, the sign mitted. GEG:slw TELEPHONE: (303) 234.5900 7500 WEST29TH AVENUE • WHEAT RIDGE, COLORADO 80215 The City o/ Wheat Ridge To: The Wheat Ridge C~ityJ Planning Department From: Steve Schmit;~~~'C ~v Wheat Ridge ormc D elopment Coordinator Date: May 17, 1995 Re: Recommendation to Allow a Variance Request from Volant fora 32'6" sign. The request from Volant Skis to erect a 32'6" sign appears to be reasonable. Volant chose the Wheat Ridge Frontage Road site specifically to obtain more exposure for their product from the travelling/skiing public. Limiting Volant's sign height to 25' would obscure its impact along I-70 where taller, larger signs dominate the view. Additionally, Volant has not asked for the allowable 50' feet height which would be available with the 30' set back. Volant has demonstrated that they do not want to dominate the view but merely compete with signs of similar height along the Frontage Road. The need for exposure and the demonstration of a presence for Volant's distributors combined with the tasteful character of their sign warrant the allowance of a variance for the Volant Ski Corporation. r P.O-BOX 638 TELEPHONE: 303/237-69aa The City O1 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80033 Wheat Ridge This is to inform you that. Case No. WA-95-14 which is a request for approval of a 21'' sign setback variance for property zoned Planned Industrial Development. for property located at 10601 W. I-70 Frontage Road North 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 _ Thursda May 25 1995 All owners and/or their legal counsel of the parcel under consideration my~ 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 "7'hr f'arnlrtrnlt ('it.~~" ~~__ ~i ~ __ ~o.! __n L.C') i{ 1, ~ . : =- !77 {: ~p::~~' .' 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C7 1 ~ ' ~ - -a-m ~ -n r ~. n m m ~ 171 ~ _+ ~ m ¢ / ~ f7l D" 3 g N m o ~ a: Z ~ ~ o m ° ~ \ ~ a ~ o m ~ O 11 i I N n~ ° °' n im ~ y m~ 1 ~ ~ I m o f ~ ~ I ~ o IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO _ THE RIGHT OF RETURN ADDRESS. _ _ l CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: May 25, 1995 ~ DATE PREPARED: April 27, 1995 CASE NO. & NAME: WA-95-14/Gordon Sign CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Gordon Sign Company for approval of a 10' - 6" sign setback variance for property zoned Planned Industrial Development, located at 10601 W. I-70 Frontage Road North. LOCATION OF REQUEST: 10601 W. 1-70 Frontage Road North NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 2.32 acres PRESENT ZONING: Planned Industrial Development PRESENT LAND USE: Warehouse Gordon Sign / Volant 2930 W. 9th Ave Denver, CO 80204 R.W. Gasham 1123 Broadway New York, New York 10010 SURROUNDING ZONING: W: , N: and E: Planned Industrial Development S: Agricultural-One SURROUNDING LAND USE: W: Office Technical Systems (OTS) ; S: Interstate Highway 70 N: PSC Right-of-way and, E: High Country Auto Body DATE PUBLISHED: May 11, 1995 DATE POSTED: May 12, 1995 DATED LEGAL NOTICES SENT: May 12, 1995 AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD: ( }COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( ) (XX} NOT REQUIRED (XX} ()NONE (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( )OTHER Board of Adjustment Staff Report Case No. WA-95-14 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. REQUEST The applicant is requesting approval of a 10' - 6" variance for the development of a 32' - 6" sign with a 19' - 6" setback from the property line. Volant's original request was fora 21' variance with a 9' setback from the front property line. Prior to excavation, Volant notified the Clear Creek Valley Sanitation District and found an existing sewer main that ran 22' north of the flow line, parallel with the frontage road. A sign cannot be located within 7' - 6" of either side of the sewer line. Because of this discovery, Volant was forced was forced to adjust it's original location for the sign, 9' from the front property line, to the current setback request of 19' - 6" from the front property line. The property is located in the Planned Industrial Development at 10601 W. I-70 Frontage Road North. The Zoning Code states that a freestanding sign, up to 50' in height, can be allowed in properties that are located 1/4 mile away from an interstate highway. However, Section 26-470 (e)(3)(b) states that for signs over 25' in height, a 30' frontyard setback is required from the front property line. Attached within the exhibit section of the packet, is: the original site design with sign elevation (exhibit A); the proposed sign elevation sketch, showing varied height adjustments and setbacks (exhibit B); referral response from the city's Economic Development Coordinator supporting the response {exhibit C); a letter, from Volant owner R.W. Gasham, stating the authorization of the initial application process (exhibit D); a letter stating Volant's original request fora 27' variance (exhibit E); and, a letter from Volant's president Hank Kashiwa, stating the latest request fora 10'- 6" variance (exhibit F). 11. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 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? If permitted to be used under the regulation conditions, the Volant warehouse would still be able to yield a reasonable return in use. Section 26-410 (e)(3)(b) allows a 25' sign to be placed 10' from the property line. Staff believes that a 25' high sign would serve the same purpose that a 32'-6" sign would, and would be approved per Administrative Approval. 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances that would require a sign of this height. Board of Adjustment Staff Report Case No. WA-95-14 3. ff the variation were granted, would it alter the essential character of the locality? No. The property is Located in a predominately Planned Industrial Development strip, where most of the developments are warehouse type structures and have the 25' high signage along the street front. 4. Would the particular physical surrounding, shape or topographical 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. Staff believes there is no sign of hardship as a result of physical or topographical condition. 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? Yes. Any property owner may apply for the same variance in any case, but there aren't any guarantees that another situation may warrant the same outcome. 6. IS the purpose of the variation based exclusively upon a desire to make money out of the ProPe~ Yes, as this sign advertises a business. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the properly? No. Staff believes there hasn't been any hardship created to influence the outcome of this proposal. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. However, unless steps are taken to prevent accidents resulting from the S' extension of the sign into the existing parking aisle, this variance could be detrimental to the public°s health, safety and welfare. 9. Would the proposed variation impair the adequate supply of light and air to the 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 properly values within the neighborhood? No. The proposed sign would not impair the adequate supply of light and air, nor would it increase Board of Adjustment Staff Report Case No. WA-95-14 the congestion or endanger the public safety. N. STAFF CONCLUSIONS Staff concludes that a variance to the front setback requirement at this location will not have any detrimental impact on surrounding property owners. If approval of this variance is granted, staff requests that the following issues are warranted: 1. Because the northern post of the sign extends approximately 5' into the existing parking aisle, staff recommends that the applicant takes measures in insuring the health, safety and welfare of the public due to this hinderance. 2. Staff requests that the parking stall directly north of the sign either be omitted from the striping plan, or regulated so as to prevent any accidents resulting from the signs extension into the parking aisle. 3. The proposed landscaping at the base of the sign must be maintained to promote beautification and enhance the design of the proposed site. REQUEST FOR: VOLANT 10601 W. I-70 Frontage Rd. Volant would like to request an overall height of 32'6" with a 9' setback from the property line. Code would allow us a 50' high sign due to the fact that Volant is within 1/4 of a mile of I-70. However, the code requires a 30' setback for any ground display over 25' high. The property line is 15' back of the curb. In order to keep the sign out of the drive and in between the parking spaces, we need a 9' setback from the property line. The 30' setback will set the sign in the middle of the drive. Fxua 5~+5' '(k` I~ t I~ ; i _~ o N >. II o 4~ S ~, ~~ ,. _ i. !/~/ R Y ~ //~ 6N~. I r-r-tvP, ~' ~ I~ of hla -sERV V~ Pol+l-!~ oN CN7~i '~LP'I~ I®Grc: SN' r~ru2~ FINIShI a-Ic ~~. SoQIN r N \v/ INf~E W~crr_N7. IrITP~lO R- IU.LII~ • \\ H..~ fR~+risF~2ME Para '~~rEEP 4r+f I~ \v/~vN ltd 7Y~M~' OvI..rr tPY wii rfE'•- F1.E ~paKv -~turcR. vlµyt. w/ GWt9 ~vHIT6 NEON - x • PAINt 3~I.DceP 5Hf I"I ..'W/~tHli~'~kttH44P. SIT • MI-. Goc• ~v/R _~ eM`~~tPO•Plte r-ari ycoraHvwNf) PautGailN~( s*nN P61r? So-TI-I EIKIC~~'d~h I v Y~~': ~ Mhr> Yq-~I~I 10(001 ~~ I-TO FRON'T~E RD. NcTZ~t-I - ~~ --_ ~~~ "~' ~ LI PLOT PLAN 3/3Y.1'-0' ~ ~J - I-70 FRONTAGE ROAD NORTH- -- OFFIGIPcL ZONING MAP WHF,hT MIDGE GOLORrhDO MAP ADOPTED Last Rcvizim: December 23, 1993 DI~AR778R OF PLVddMS Ate DEId.OPffrN~ -?35-doss ® AREA REQUIRING SITE PLAN APPROVAL ~~ ZONE DISTRICT BOUNDRY - PARGEL/LOT BOUNDRY mESIGNATES OWNERSHIP) +'~~~~~ CITY LIMIT LINE --~--- WATER FEATURE r DENOTES MULTIPLE ADDRESSES S~ Ih xami o m co m sce +eo scnL>= r_aoo ~iGlihil' "G'' TELEPHONE: (303) 234-5900 7500 WEST29TH AVENUE • WHEAT RIDGE, COLORADO 80215 The City o1 Wheat Ridge To: The Wheat Ridge City Planning Department From: Steve Schmi Wheat Ridge omit D elopment Coordinator Date: May 17, 1995 Re: Recommendation to Allow a Variance Request from Volant fora 32'6" sign. The request from Volant Skis to erect a 32'6" sign appears to be reasonable. Volant chose the Wheat Ridge Frontage Road site specifically to obtain more exposure for their product from the travelling/skung public. Limiting Volant's sign height to 25' would obscure its impact along I-70 where taller, larger signs dominate the view. Additionally, Volant has not asked for the allowable 50' feet height which would be available with the 30' set back. Volant has demonstrated that they do not want to dominate the view but merely compete with signs of similar height along the Frontage Road. The need for exposure and the demonstration of a presence for Volant's distributors combined with the tasteful character of their sign warrant the allowance of a variance for the Volant Ski Corporation. ~ ~:-0 ~3 ~~ f 7 4 ~~ t~1 ~~ ~n 1{ ~ .y f 3 y ~ ~ ~ ` ' , ,~+~p\+ ti ` ~ •~ r ~i A V ~ 2 `1 M c~ ,tNa 4: ~ ~ a £0'd bT0'oN bT:ST S6,ZT Akita ,.~f,, JJ91!-iX3 OT8L-9Sb-£0£:QI .. '~. ~t ,9 V ~ Q ' n llvdl0(t V~LtaNT ~)CldiBiT "~" ID:303-456-7810 MRY 12'95 15:13 No .014 P.01 May 11,1995 Glen Gidley Director of Planning & Zoning Ctty of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Re: Volant, incorporated 10601 W. I-70 Frontage Road North Variance Casa No. WA-94-14 Volant, Incorporated applied for and was granted an administrative amendment to erect a freestanding sign at an overall height of 27'-G" above grade with a 9' setback from property line. This represents a 10% variance to what was permitted by code. The size of the sign i5 within the code requirements. Before we ext:avafe for our footings, we notify all of the appropriate agencies to locate any underground utilities. . Clear Creek Valley Sanitation District has a main sewer line which is 22' north of the fitow line and runs parallel with the frorrtage road, A sign cannot be located within 7'-6' of either side of the sewer line. The 9' setback is now unattainable due to the~is' sewer easement. We are now forced t0 IoCate the sign 19'-6' bade of the property line. This changes our variance request from a 21'x' sign setback variance to a 10'x" setback variance. We would not be able to meet the 30' code setback requirement as the sign would be located in the middle of the parking !ot Enclosed Is rough sketch of the proposed signage, sewer line, and setbacks. In view of these changes, we would appreciate the opportunity to install the sign at an overall height of 32'8" above grade (code afiows 50'}, at the 19'-8" setback from property line (code requires a 30' setback). _ Volant has planned a grand opening an May 19, 1995 and the variance date is not unfit May 25, 1995. If we are not successful in attaining the 32'-8' overall height we are requesting, we would agree to lower the sign (within 30 days of the variance) to 27°~" as approved by the previous administrative amendment. Volant would not hold the City of Wheat Ridge responsible if the variance is denied. Volantlncorporated,10601 W.I.70FxontageRd. North, WheatRidge, CO80033USA Phone:(303)47A-3900 FAX: (303)456-7810 VOLRNT ID~303-456-7810 MRY 12'95 15 13 No .014 P.02 vww, May tt, teas Chen Qidley Page 2 h is much more candy to raise the sign an additional S than to lower the sign by 5' once the sign has bean erected. In view of the additional hardship which the sewer line presents, we have reduced our request from 70% variance to a 35% variance. We feel this request is in keeping with the intent of the sign code and would not affect the healdt, safely, or ~aveifare of the surrounding properties. We would appreciate your consideration in this matter. If you have any questions ar require anypdditional information, please call me. HK/cp i46~AF C I T Y O F W H E A T R I D G E - May 25, 1995 MINIITES OF MEETING 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman JONKER at 7:30 P.M. on May 25, 1995, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: Thomas Abbott Bill Echelmeyer Paul Hovland Robert Howard Susan Dunker Edwin Rossillon Robert Walker Jerry Sang MEMBERS ABSENT: None STAFF PRESENT: Susan Ellis, Code Enforcement Officer Sean McCartney, Sandra Wiggins, Planner Acting Secretary PIIBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Heariag of May 25, 1995. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. ~,,,. . Wheat Ridge Board of Adjustment Minutes Page 2 May 25, 1995 - 2_ APPROVE TB8 ORDHR OF TSS AGENDA Board Member WALKER moved to approve the order of the agenda for the meeting of May 25, 1995 as printed. Board Member ECHELMEYER seconded the motion. Motion carried. 3. PIIBLIC FORDM (This is the time for anyone to speak oa nay subject not appearing oa the agenda.) No one came forward to speak. 4_ PIISLIC HEARING A. moo: WA=~~4~- Aa application by Gordon Siga Company for approval of a 21-foot sign setback variance for property zoned Planned Industrial Development and located at 10601 West 2-70 Frontage Road North. Sean McCartney presented the staff report, which included slides. Board Member ECHELMEYER asked which of the three signs oa the diagram (Exhibit B) was the sign in question. Sena answered that sign "C" was the subject sign. He further explained that the applicant had received administrative approval to have a 27-foot, 6-inch sign, but was requesting a 32-foot sign. Board Member ECHELMEYER asked if the sign currently on the subject site was a 32-foot sign. Mr. McCartney stated that it was. Board Member HOVLAND asked if the reasoning behind granting the administrative approval was the request was not more than 10% over the allowed height. Mr. McCartney answered that was correct. Board Member HOVLAND asked about the required setback. Mr. McCartney answered that a 25-foot sign is allowed within ten feet of the property line. The administrative approval granted the applicant permission to have the taller, 27-foot, 6-inch sign with a 10-foot setback. Board Member ABBOTT asked Mr. McCartney what measures the applicant should take to insure the public health, safety and welfare, as stated in No. 1, Staff Conclusions. 4 Wheat Ridge Board of Adjustment Minutes Page 3 May 25, 1995 - Mr. McCartney stated that the removal of a parking stall north of the sign and landscaping at the base of the sign need to occur. Board Member ABBOTT asked if there were other items staff was requesting of the applicant. Sean McCartney stated that staff had discussed the possibility of dividing the parking lot, since two entrances exist. That would prohibit circulation through the parking lot. Board Member ABBOTT asked how it the placement of the sign tea feet from the property lice came about. Mr. McCartney stated the City had allowed the placement of the sign at that location. Board Member ABBOTT noted that the sign is five feet taller than allowed administratively. Mr. McCartney stated that the applicant is hopeful that the Board will allow the taller sign. Hank Kashiwa, 23934 Shooting Star Lane,. Golden, was sworn ia. Mr. Kashiwa stated he was president of Volaat, Inc. Mr. Kashiwa referred to his letter dated May 11, 1995 explaining why the sign, is 32 feet, 6 inches is height. Mr. Kashiwa promised to lower the sign to 27 feet, 6 inches, should the variance be denied. Jim Lilev, Gordon _Sign Company, 2930 West 9th Avenue was sworn in. Mr. Liley gave the signed Posting Certification form to Mr. McCartney. Mr. Liley explained how and why the request had changed several times and apologized for nay confusion. Board Member HOVLAND asked what was the distance between the posts. Mr. Lilev answered there is approximately ten feet between the posts. Mr. Liley added that the sign works much better with two posts rather than one. Board Member ABBOTT asked if Mr. Liley had nay thoughts on the the requests made by staff in their conclusions. Mr. Lilev stated that every parking space is needed. He added that as inexpensive railroad tie planter could be installed around the base of the sign. .Mr. Liley stated that low- maintenance plantings would be applicant's choice. Steve Schmitz, Economic Development Coordinator for the City of Wheat Ridge was sworn in. Mr. Schmitz resides at 10851 Holly Street. He stated that this international company requires 2-70 Wheat Ridge Board of Adjustment Minutes May 25, 1995 - r J ~ Page 4 exposure, since during ski season 20-40,000 skiers pass by this spot daily. Mr Schmitz felt the sign was very tasteful and did not overpower the site. He encouraged Board of Adjustment to grant the variance. Board Member ABBOTT asked if the Siga Code specified how far signs, such as the subject sign, must be from one another. He noted there were no similar signs in the area. Mr. McCartney stated there is no such regulation is the Siga Code. Board Member ABBOTT moved that Case No. WA-95-14, an application by Gordon Sign Company for approval of a 21' sign setback variance for property zoned Planned Industrial Development located at 10601 West I-70 Frontage Road North be Approved for the following reasons: 1. Aa existing sewer line and Clear Creek Sanitation rule prohibits a practical alternative to the requested location. 2. Lowering the sign five feet would serve no practical purpose or bring the sign noticeably more in compliance with the intent of the Sign Code. 3. Placing the sign at the required 30-foot setback would place it within the circulating drive and therefore create an unacceptable circulation pattern. With the following conditions: 1. Because the northern post of the sign extends approximately five feet into the existing .parking aisle, the Board of Adjustment requires that the applicant take measures to insure the health, safety and welfare of the public due to this hindrance. These measures will be approved by the Wheat Ridge Planning staff. 2. The parking stall directly to the north of this sign be omitted from the striping plan. 3. The proposed landscaping at the base of the sign must be maintained to promote the beautification and enhance the design of the proposed site. Board Member SANG seconded the motion. Board Member HOWARD offered a friendly amendment to the motion. "The sign be allowed at the 32-foot, 6-inch height". w . '', . Wheat Ridge Board of Adjustment Minutes Page 5 May 25, 1995 - Board Member ABBOTT accepted the friendly amendment by Board ' Member HOWARD. Board Member SANG agreed to accept the friendly amendment. Chai~-~+~n JG'NKER announced that in order for this variance to be approved, 6 of 8 members must vote yes. Motion carried 8-0. B~ Case No. WA-95-15: Aa application by Kwai Chung Ma and ~, John Lum for approval of as 8-foot rear yasetback variance to the 10-foot rear yard setback~'~equiremeat Ito allow a freestanding walk-in cooler ice: a Commercial- ~Two zone district located at 3895 Wadrth Blvd. Sena McCartn~~ presented the staff report, wh~ic included slides. Board Member HQVLAND asked if any formal co~iplaints had been received. Mr. McCartney answered no. ~. Board Member ABBOTquestioaed whe a hardship, should he-be required and re-pour. ' Mr. McCartney agreed Board Member ABBOTT location. the applicant could claim demolish the concrete pad concrete pad was poured in that Mr. McCartney suggested t~ a~iplicant answer that question. Susan Ellis, Code Enfo ement O'~icer with the City of Wheat Ridge stated it was h ~understar~rdimg that the concrete pad was poured without benef~ic~ of a build n~ permit. A "Stop Work" ordered was issued.-~, s Board Member WAL BR asked if a variance had been approved for the existing dumpst~ Ms. Ellis stated the masonry dumpster enc~L.asure is legal. Board Mew ABBOTT visual s eeaing of Mr. Mctney answe BoarMember ABBOTT asked if Mr. McCartney vas referring to a the cooler from West 39t"h_Avenue. red yes he was. asked if screening was requites--ed. ~.. CERTIFICATE OF RESOLIITION 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-94-14 APPLICANT'S NAME: Gordon Siga Company LOCATION: 10106 West I-70 Frontage Road North IIpon motion by Board Member ABBOTT, seconded by Board Member Sang, the following Resolution was stated: WSERSAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-14 is as appeal to this Board from the decision of as Administrative Officer; and WHEREAS, the property has bees 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 Aplication Case No. WA-94-14, be and hereby is APPROVED. TYPE OF VARIANCE: 10-foot, 6-inch variance to the front setback PIIRPOSE: To-erect a freestanding sign FOR THE FOLLOWING REASONS: -- 1. Aa existing sewer line and Clear Creek Sanitation rule prohibits a practical alternative to the requested location. 2. Lowering the sign five feet would serve no practical purpose or bring the sign noticeably more in compliance with the intent of the Sign Code. 3. Placing the sign at the required 30-foot setback would place it within the circulating drive and therefore create an unacceptable circulation patters. ..~ . . WITH THE FOLLOWING CONDITIONS: 1. Because the northern post of the sign extends approximately five feet into the existing parking aisle, the Board of Adjustment requires that the applicant take measures to insure the health, safety and welfare of the public due to this hindrance. These measures will be approved by the Wheat Ridge Planning staff. 2. The parking stall directly to the north of this sign be omitted from the striping plan. 3. The proposed landscaping at the base of the sign must be maintained to promote the beautification and enhance the design of the proposed site. 4. The sign be allowed at the 32-foot, 6-inch height. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Rossillon, Saag and Walker NO: None DISPOSITION: 10-foot, 6-inch variance to the frost setback granted by a vote of 8-0. DATED this 25th day of May, 1995. \ ./l~ ~ ~ ~i:~ Susan Juaker, Chairman S ra Wiggins, A g Secretary