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Home My WebLink AboutWA-95-20 CASE NO. WA-95-20 EXHIBIT 'C' Chase Plaza 5455 West 38th Avenue Wheatridge, Colorado 80223 Attention Vaziance committee Regarding sign at Chase Plaza: Deaz Committee, May 10, 1995 My name is Don Wieringa, I purchased Chase Plaza in 1991.When my wife and I purchased the Plaza there was only one tenant, the House of Carmel, with thirteen other units unoccupied. The plaza was run down and hazd to find because of its location several hundred feet behind the L shaped construction of the shopping center to the east. We have put in new landscaping, repaved part of the parking lot and resealed, repainted the building twice, and have completely filled the center with tenants. As a member of the 38th ave merchants group it was our gaol to bring businesses and customers back to 38th ave and Wheatridge. I have always #ried to keep the appearance of Chase Plaza up to the highest standazds. The lettering was put on about a year ago because of complaints from the tenants that their clients were having trouble finding the plaza. The most obvious place to put the lettering was the azea as seen in the pictures. My tenants said that their business increased and commented how the building looked finished. In closing I would like to be able to leave the sign up as I believe it was a benefit for the appearance of the building, the tenants and Wheatridge through increased revenue, I will abide with your decision. Co _. ;- ~ `- Don Wieringa .. s C~ 1 ~y~~9~ 7heCityoF 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 Address Phone Owner~~ ~f/i~o2in7~i3 Address 5.240 ~ ~~~-_ - Phone~G ~S-S'3U9 s ~"~ u~ GfJ~$ra. .~ Location of request ,f~'S'~S~ f1 _ . _ . __:. - _ 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 ~ Othereral extraction permit for specific requirements. Detaiied~escription_of request - ~_ ,_ - - .~- ... List. all persons and companies who hold an interest in the described real,- property, as owner, mortgagee, lessee, opti.onee, etc.- NAME ADDRESS PHONE ~oNaTa _Gy Er/,><a.~is S~t~a w 3g'~'t~ ~~ ~s~.f'3//~ , -- - - ~ _. ~ ~_ .~ .~--- s-_.. I certify that-the--information and exhibits herewith submitted are true. and correct to the best o£ my knowledge and-that in filing this application, I am acting with the knowledge and consent of those persons listed above., without whose consent-the requested action cannot lawfully be accomplished. Applicants other-than owners must submit power-of-attorney from the owner which-approved of this action on 's behalf. - Signature of Applican __ ~~- -: ,,-_,. SuhsC~kaed and sworn to zn ~iis t2~day _ s 19 ~ - ` ,_ ~`~ ANY pF`~; . •- . .. `~1~ ;' ~ . ~,, Nip 3 ~,,, - -- Notary. P-ublic t ~-~ w- SEAL ~ ..' . y _ Q2ld^ - ~~! ~ My commission expires ~, ~ .i! .7 7 i ......,. nr.. Date R`eceiyed ';~F=/ -rte ~~.~ xeceipti rvu. ! ~ r ~ ~~~~ .~. r L,r.~BL - ' NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be. held b-efore the City of Wheat Ridge Board of Adjustment on June 22, 1995 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-95-17: An application by Jim and Kelli Chapman for approval of a 3' 10" side yard variance for a property zoned Residential-Three located at 3310 Benton Street. 2. Case No. WA-95-14: An application by Dale Crocker for approval of a 1,320 square foot variance to the 2,000 square-- foot maximum garage area allowed 'f or two units on property zoned Residential-Two located at 4345 Reed Street. 3. Case No. WA-95-20: An application by Don Wieringa for approval of a variance to Section 26-410(0)-(3) of the Sign Code on the property located at 5455 West 38th Avenue. 4. Case No. WF-95-3: An application by ADG Engineering for a Special Exception permit to allow the construction of a commercial building within the Clear Creek 100-year flood plain. Said property is located at 7881 West 48th Avenue. ' i Sandra Wiggins, ting Secretary ATTEST: Wanda Sang, City Clerk To be Published: June 8, 1995 Jefferson Sentinel b:\62295.phn ~ ~ ! ~ P.O. BOX 638 - TELEPHONE: 303/237-6944. The Clt y Ol 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 60033 ~1Vheat Ridge June 9, 1995 This is to inform you that, Case No. wA-95-9n which is a request fOr apDrova]_ pf a Vdrianno O Spc'tinn 9G 4in(~ r3~ of tnP Wheat Ridge Sign Code for property located at 5455 West 38th Aven~ 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 _ Juno ~ laas All owners and/or their legal counsel, of the parcel under consideration m~,s~ 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 "`I'l~i<' (~urrtnlir~n C'ify" • ul. ,l/~ ~: ~7 N iii ,a .•. _E~s ;'N"_i O s tti r~i n. C~ ~~ ~ `_~ V/ ~N^ V ~ U CJ frD W ^ W O ao = U N (9 ~ ^ W 3~ 0 x ~3 N a N O a 5 ~ ~ H O ,.q N a ~ ~ •~i m -~ p~ m N f-i a' .~ a ~ ~ U` ~ z p w d ~ !~ o°f ~ Ca~j o ~ ~ ~ ~ Z z --~ _ ~ssaaaotl Naru= ~ ~ . Ol 3d0'13AN3 j0 d01 ltl W ~' 0 N ~ U ~¢ W- K ¢ N ~ OOE 9hh L`C6 d I__~. h w= Q} ~ ~ ~ V ~ ~ Q o> 6 ZG ~ W j'T~ 4 VV 6 7p ~ { P4 yp V' ~M aI [[~~ w U1 fry ~O ¢ C z 'R ~ ~ X v ~ U ~ r'Y F , ~ yy y. A ~ Q I ~GU Z. ~. ut 3 30tl1d ilNtllaOdWl ~ C w e+t ua ra w hE a f ~~ ~ a~ ~ '"~ r J a W LL W U 0 LL N a w U w Q c~ L Q c +' -- .. 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S m o ~ ? °u ~ 3 ~ _ m ~ ~~m ' O 3 'D D , a o a e am w y ~~ Q~~. a o ~' a~ o-m~ m ~ m x y mm { `° ~ ~ '~ g~q % Fla mo ^a L L it „ o '~ ' S] W a ~3d. ~ ~ ~°-- °_ v ~~o ` // `O ~ gym= m I = L' ~ °O f ~ 3 ' P sin o ~-~ ~ ~ g 2 s3~ ~ - ~a ~ o,m ¢ m D 2 ~ ~ ~ 'D m lc~( <` 0 0 ~ o ~ Y~l ~ .~ N ~ N ~ _ ~ ~a~ n ~ ~ ~ ao ~, a <~ y ?7 r ~ ~ m m~ a m 0" d a m ^, o 0 ~ y O y' ~ ~ RJ ~ ~~~^s a A N d ~ N • ~ ~a ~~ . ~5~ ~.~~ ~ ~ .~. ~~~ ~ f ~~~~~~1~'1(s~ ~. ~ ~ O ~~ t ~~~~~\ ~ Self-Serve ~``E0.H CAR LASTS LOy~fH' Automatic ~ CAR BATH Car Wash 5478 W. 38th Avenue - `Wheat Ridge, CO 80212 ._ 424-8237 Martin Cox CITY OF WHHAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: July 27, 1995 DATE PREPARED:~,fJ')uly 17, 1995 CASE NO. & NAME: WA-95-20/WIERINGA CASE MANAGER:"Meredith Reckert ACTION REQUESTED: Variance to the sign code LOCATION OF REQUEST: 5455 W. 38th Avenue NAME & ADDRESS OF APPLICANT: Don Wieringa 5280 W. 38th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 1.24 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Retail strip mall SURROUNDING ZONING: N: R-1A, S & E: C-1 & W: R-3 SURROUNDING LAND USE: N & W: Low density,- S & E• Commercial DATE PUBLISHED: June 8, 1995 DATE POSTED: June 8, 1995 DATE LEGAL NOTICES SENT: June 9, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoaing Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION: The property is within the city of Wheat Ridge, aad all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD OF ADJtTSTMHNT STAFF REPORT CASE NO. WA-95-20 Page 2 I. REQIIEST The applicant requests approval of a variance to Section 26- 410(0)(3) of the Wheat Ridge Code of Laws regulating the placement of wall signs. This section of the- Code requires "For buildings with flat roofs, wall signs ..... shall not extend more than three (3) feet above the deckline" (of the roof). The sign in question is located on the parapet wall but extends from 3'10" to 8'3" above the deckline of the roof, thus the need for variance. The sign in question is a shopping center identification sign containing 21 square feet. All other aspects of the sign are legal. If the- variance is approved,-the owner must apply for a building permit. This case was initiated as a code complaint. A letter of no .objection from the tenant to the south has been included under Exhibit 'B'. II. CRITERIA Staff has the following comments regarding .the criteria to _ evaluate a variance request. 1. Can the property in question yield a reasonable return in use, service or income if pexmitted to be used only under the conditions allowed by regulation for the district in which it is located. The. property could still be used as a retail mall if the variance is denied. 2. Is the plight of the owner due to unique circumstances. Circumstances could be considered unique because of the location of the building directly to the east. That structure is setback 50 feet from W.38th Avenue. The Chase Plaza building is setback over lOD feet-from W. 38th Avenue. As a result, the visibility of traffic travelling westbound on W. 38th Avenue is blocked by - the adjacent shopette. The applicant feels the higher sign increases exposure to passing vehicular traffic. See letter .attached under Exhibit 'C'. There is also a 6 foot grade change between the two properties. However, staff feels there are alternatives to the wall sign to increase exposure of the shopette. The owner is allowed two freestanding signs up to'25 feet in height. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-20 Page 3 3. If .the variance were granted, would it alter the essential character of the locality. Approval of the variance would not negatively affect the character of-the area. 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. There is no hardship in regard to the property itself. -_ The blocked visibility from the structure to the east may be considered a hardship. 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. A precedent could be set for similar requests if no unique circumstances or hardships are found. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. The purpose of the variance is for increased exposure to vehicular traffic. Since the sign does not advertise goods or services within the shopette, Staff concludes that the request is not economically motivated. 7. Has the alleged difficulty or hardship. been created by any person presently having an interest in the property. No, regarding building location. Yes, due to the fact the sign was put up without a permit. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements is the neighborhood in which the property is located. The granting of this variance will not be detrimental to the public welfare or injurious to other properties in the area. BOARD OF ADJIISTMENT STAFF REPORT CASE NO. WA-95-20 Page 4 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 withia the neighborhood. The amount of -light and air to adjacent properties will not be affected by the sign. Any Commercial-One zoned property-has the ability to build up to a height of_50 feet. There will be no.affect on street congestion, danger of fire-or the public welfare. It is impossible to ascertain whether there will be an affect_on property values in the area. III. STAFF CONCLIISIONS In regard to the request for variance to Section 26- 410(0)(3) of the Wheat Ridge Code of Laws, Staff has concluded the following: - Circumstances may be considered unique, - The variance would not negatively affect the area, be detrimental to the public welfare or increase fire danger or traffic congestion - The applicant created his own hardship by erecting the sign without a permit - There are alternatives available to increase exposure of the shopette without the need for variances If this variance is approved, Staff recommends the following conditions: 1. The variance be applied only to this sign for center identification. 2. No sign size increases be allowed on the center identification sign. -~ -~ il i it I~ ' ~~ i. it i I I I I ~ 1 r- 1 j ~ ~ ' ~ ' ~ I I~ ~ ~ ~ 1 I I I I I j 1 i I ' I ~ I I ~ I i ~ j I -~ i 1 i_ r 1. ~ ~~ ~. i. i ~, .,..,~ ®~IC~ to~ f SL. ~~~~~~'~~ ~A.~ 1 ~( ~4 t II T+!µ5+ ~]80] ~_ 3PS (1~ ~ _1 WZ 91-'1 ~ 4J G- i ~ :C:::::::::. '::::1 sly:: ~: - w~3eSr nw - - - ITT7 P--~-r. -- zo,~ ~.r. ~:c~ soo~~z~ -- _- _~- _ .. ~ ""T' _~~ -~.~_ -~,b -m _a j'y.i~~ _ .. ~. WHEAT RIDGE BOARD OF ADJIISTMENT MINT]TES OF MEETING: July 27, 1995 Page 6 Board Member HOWARD asked if an officer of the company was 'present, and Mr. Skeeters replied none of the owners are available. Board Member HOWARD moved that this case be tabled for .one month until one of the owners can be present at the hearing. Motion seconded by Board Member ROSSILLON. Motion carried 5-l, with Board Member ECHELMEYER voting no., The representative of Quantum, -Inc. stated they did represent the owner at the previous meeting, so felt there was a misunderstanding between staff _and their office. The owners could. have been here if they would have known the situation because they do have a lot of- money at stake. If this gets postponed for another month it will cause a terrible hardship not only on the owners, but on the construction-people involved as well. Mr. Skeeters asked the Board with due respect to let him convey to them the information they need. Discussion followed., Board Member ROSSILLON stated he feels the applicant presumes this will be approved and does not think another month will harm. Board Member ECI~ELMEYER asked who is.Quantum CM, and Mr. Skeeters answered he is the principal of Quantum CM and they are professional- construction managers, or general contractors. No power of attorney was presented as Mr. Skeeters said the owners thought for him to represent them as before was all that was needed. Ms. Reckert stated if there is not another motion presented to hear the. case, then this will be continued. No new motion was offered at this time. Discussion followed. C. Case No. WA-95-20: An application by Don Wieringa for approval of a variance to Section 26-410(0)(3) of the Sign Code on property located at 5455 W. 38th Avenue. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted.. Board Member ROSSILLON-asked since there are-two streets, the applicant can have two signs, and Ms. Reckert answered yes, he could build another sign twice the size of this one. -- WHEAT RIDGE BOARD OF ADJIISTMENT MIN[7TES OF MEETING: July 27, 1995 Page 7 Board Member ROSSILLON asked if this would be approved could we put a stipulation on that says he cannot have a second sign, and Ms. Reckert said that would not be an appropriate condition because we should deal with this sign and not other signage on the property. Board Member ROSSILLON commented to carry this to extremes, the applicant could have two signs and then put another one up making a total of three signs, Ms. Reckert said yes. Board Member HOWARD said each one of those businesses has a sign of its own on the front of the building and are the size of those signs included on his allowable square footage, and Ms. Reckert said wall signs and free-standing signs are figured separately, so what is on the wall of the building has no basis of what he can put up for free- standing signs. However, the signs are included in what is allowed, so he is legal. Board Member HOVLAND asked if there was a complaint registered against this, and Ms. Reckert' said she believed it was a complaint from a staff person: Board Member ECHELMEYER commented that the applicant has done a nice job and Ms. Reckert agreed saying when he .bought the property there were hardly any tenants and he has really cleaned the property up and has it fully occupied. Board Member WALKER asked if conformance because it seems agreed it seems quite large, footage of the wall. the sign on the Subway was in rather large;-arid Ms. Reckert but it is based on the linear No further questions were asked of staff. The applicant, Don Wieringa, 3264 Sb. Leyden Street, Denver, was sworn in. Mr. Wieringa bought this property in 1991 and at that time the center was vacant except-for one tenant. The property was overgrown with weeds that they cleaned up and also they repainted the building. The lettering on the sign in the front that has the listing of businesses is only about 12" high, so it is very hard for people who are driving by to see. Mr. Wieringa is trying to attract' business back to West 38th Avenue. Board Member ROSSILLON asked if the applicant put the sign up, and Mr. Wieringa answered yes. WHEAT RIDGE BOARD OF ADJIISTbIENT MINIITES OF MEETING: July 27, 1995 Pa3e $ Board Member ECHELMEYER said the slab was always there, and asked was there lettering on it and Mr. Wieringa answered no, and he felt the slab looked like it needed a sign to balance the building. The rest of the signage is very .hard to read from the 'street. There are also some trees in front of the sign that we were thinking about cutting down, but we were not thrilled with that idea because we think they enhance the area. Board Member HOWARD asked if he contributes his tenants' increases due to the fact the sign is up, and Mr. Wieringa said they tell me so. There were a lot of complaints that people could not find the businesses and we were getting people stopping to ask directions and now he does not get the complaints. Board Member HOWARD-asked if his tenants were advertising that they are in the Chase Plaza or at a specific address, and the applicant replied Chase Plaza. Board Member HOWARD asked if there-had .been any thought to a free-standing sign at this end of the property, and Mr. Wieringa replied no because he would nat_want to see that because he is not big on signs himself. Board Member HOVLAND said he did use to live in that area and does not remember seeing any sign going up and he feels it does have a beneficial effect on identifying the center. Most of the individuals signs on the buildings get lost. He also feels it is more attractive that a free-standing sign. Board Member WALKER asked if he had the address listed on the sign on 38th Avenue, and Mr. Wieringa replied yes. No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 95-2Q, an application by Don Wieringa, be APPROVED 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 support the granting of this request. 2. .The circumstances may be considered. unique because of the large setback from the street, and height of the building adjacent to the east. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 27, 1995 Page 9 3. The variance would not effect the area or be detrimental to the public welfare, increase the fire danger or increase traffic congestion. WITH THE FOLLOWING CONDITIONS: 1. The variance be applied only to this sign for center identification. 2. No sign size increases be allowed on the center identification sign. Motion was seconded by Board Member HOWARD. Motion carried 6-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEw BvslNESs A. Discussion followed regarding Case No. WA-95-23 B. Discussion. followed on variance going to City Council.. C. Approval of Minutes: Motion was made by Board Member HOVLAND, seconded by Board Member WALKER, that the minutes of April 27, 1995, be approved as printed. Motion carried 6-0. Motion was made by Board Member HOWARD, seconded by Board ROSSILLON, that the minutes of June 22, 1995, be -- approved as printed. Motion carried 6-0. 8. ADJOURNMENT Motion was made by Board Member ROSSILLON, seconded by Board Member HOWARD, that the meeting be adjourned. Meeting adjourned at 9:02 p.m. ~ ` 1\ ~ Marys boil, Chapla, Secretary 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 27th day of July , 1995. CASE NO: WA-95-20 APPLICANT'S NAME: Don Wieringa LOCATION: 5455 W. 38th Avenue Upon motion by Board Member ROSSILLON , seconded by Board Member HOWARD , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-20 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-95-20 be and hereby is APPROVED. TYPE OF VARIANCE: To the sign code PURPOSE: To allow a sign to remain 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 support the granting of this request. 2. The circumstances may be considered unique because of the large setback from the street, and height, of the building adjacent to the east. 3. The variance would not effect the area or be detrimental to the public welfare, increase the fire danger or increase traffic congestion. CERTIFICATION OF RESOLUTION CASE NO. WA-95-20/Page 2 WITH THE FOLLOWING CONDITIONS: 1. The variance be applied only to this sign for center identification. 2. No sign size increases be allowed on the center identification sign. VOTE: YES: Echelmeyer, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: Variance to Section 26-410(0)(3) of the wheat Ridge Sign Code approved by a vote of 6-0. DATED this 27th day of July, 1995. SUSAN JUNK , Chairman Mary o~i hapla, Secretary Board of Adjustment Board of djustment