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HomeMy WebLinkAboutWA-92-18The City of -YY heat ADMINISTRATIVE PROCESS APPLICATION- ~Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge,- CO 80033 Phone (303) 237-6944 Applicant ~,Q.~~1.d/2. ~t5~~~,Address~ ,~.~~~1.3~,,~i'e Phone „'~'!~-~~~~~ Owner' (~jC.~f'Grt~~,, .~, ~4j,S`jeJ/ Addres's JZ~~ j~l,.,,?2-~~ Phone ~~'d ~~~ Location of request ' f,7~~°„g"~-,~~ ~tJ, ~ ?~ ~'~G 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 bode -~ Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final ** See attached procedural guide Solid waste landfill/ mineral extrabtion permit for specific requirements. O ^ ther Detailed Description of r~quest /a~I u ~ 1 e c .~ ,~/ 1.~,~_ arc ~. ~ ~ ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee,.--optionee; etc:- _ NAME ADDRESS ` / PHONE ~ ~/~~i~..~ R ~~1 iy e s~~ ,~ ~ ~. ~~~~~~~r~ ~~~~ _® - - - --- I certify that the information and exhib its 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 without h , of those persons listed above, w ose conserit the requested action cannot lawfully be accomplished. Applicants other th an owners must submit power-of-attorney from the owner which approved of this actin on is eh f: Signature of Applicant ~ Subscribed and sworn to me th ~' day_ ofr :mot ~-n~ ~ ~9 i.;~ , - Notary Public - SEAL ` My commission expires ~° ~~ '' - w `¢ uaLe xeceivect a__ Receipt No.. _. Case No. ' ,.-_ r p - - •'m ~: ~ it c, :', ~,; .. Cr i..; 'i~I _ f4S1L5^N .. • N~INEE~lNC _~ .~~ N G. '~,, ~~ ; , ~~c c~ v O ~ _., - ., ~/ ~ ~I 5= 5= 5= ~' ,, I~ e G II . O l\I F S -C v ;~ ;r i it t;n! c+: ~, C.u lam, ;v1 = ,' c~ ! r'. L iU h r%' 12 `="~ I •r, l't E 1 ~ n I_::., l 1 it )° ~ '? . ~.-__ ___. ~.._u ~ `- cov-- ,r,~ '_C ": i~ i { i - y~' - ~ '' ' ;, ;' 'IJ k ~7 v ~ a'. -u C `' ~Cr~LE --- ~' ', iris certifi©s that tha above Is an accurate plat of a survey made this 12tH day of i"~.zr 7 97? of rho prcporty dascribod os Lot 22, 731oc; ~- 1, APPI;~i900D ~~LLAGE, Country' of Jeierseny S;zte of Co-:orado~ tnciudinq the loca;fon of Improvements, known easements, righfs-of-way and encroachments by or on the premtws. Th:, scrvay should pcf,_'~tiyred for construction of fences or other Improvements. .~ .: ' L .: `'~.. ~. •u J: Jam, "( "~;`::.a;~f~:'',: <•;.Crt, .~ Q"R,IrSGid EivGIT~:^. ~.~,Ii1G~ ItITC~ y° .._ ~.~ ~~•; ~:; 1536 Walley S•~_ oot °.~`'', ~~yver, Colorado 8G2G2 `%~ .:`~ ~ ~ Paoya 222-97Jyi 222.-9Ii;e SEAL a F .;nV- ; ~ _ ..w . ° a; OWNER: (UiV?TS R~9LC0) C2nizoL = en2ral V'~5''`•~,~'•~•::n:.d',:%'ta ADDRESS: 5 S 'r -3 ",<=,; ~! , ].2 1 'v, 2;,d Ave, ciM1L$¢~~lY~ i TI7IECO:Transarrerica '`'!'itie - L'aherrooc'_ _ / / ,% ~, t c ,- ~c~.z_--F %~ ~ SURVEY NO: g1~ =g CASE NO. ;^r°';' HSPV-IALl" P.=\f.'t~lil~ Lo l' N~ .~.OT 6 021,495 ~- - ,° No.- , C Sheet 4 of _ 4 - SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL 1tiOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discreliancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Schedule No. 032205; 1975 taxes Paid in the amount of $451.50. 6. Utility and drainage easements as shotivn on the recorded p3at and as reserved in instrument recorded Juno 18, 1959 iri £oo3c 1201 at PaLce-323, as set forth an the form attached hereto, said easements bring aver the P;arth or rear 5 feet a# subject property. ___~ 7, Right of ritiy~8O feet wide for construction;, maintenance and repair, with right of ingrzss and egress, 3or a subsurface conduit with ,,rr~~ scanlioles and ventilators, and providing tha'c no buildings ox trees c't shall be placed thereon, as shor~a on the Plat of Applagraod Village ' and as granted by instruaents xecorded kcarch 20, 1936 in Baod 379 at Page &8, and iarclz 26, 1951 in Baok 722 at Page 339 and July 13, 1951 is Book 725 at Page 305. g, Restrictions, rahich do not'contain a forfeiture or reverter clause b~?+ omitting- restrictions, if any, based on race, colar, re3igion, oa ..ational origin, as contained in 3nstrurrent recorded June 18, 2959 in Scc'~ 1201 at Page 323, as set forth on form attached hereta, and as amended by instrument recorded August 12,_1970 in Book 2201 at Page-125 insofar as said covenants relate to Lots 19, 20, 2l and 22 Li1oc?L 1, ~.~p3et°rood Village, defterson County, Colorado, to a13ou the construction of professional office buildings ou said lots, said corstructien to be of a bright not greater than 25 feet and in con- forrity r~ith the zoning requirements of the City of Viheat Ii,idge, Colorado for RC - l zoning. NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on November 17, 1992, 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 petition shall be heard: 1. Case No. WA-92-17: An application by Clifford and Emily Keller for approval o£ a ten (10') foot variance to the fifteen (15') foot side yard setback required for a detached garage in a Residential-One zone district. The property is located at 3888 Estes Street and is legally described as follows: That part of the SE 1/4 of the SE 1/4 of Section 22, Township 3 South, Range 69 West of-the 6th P.M., more particularly described as follows: Beginning at a point 550 feet north of the southwest corner of said SE 1/4 of the SE 1/4; thence North 110 feet; thence east 175 feet; thence south 110 feet; thence west 175 feet to the Point of Beginning; Except the West 25 feet of said described tract as conveyed to County of Jefferson in deed recorded March 9, 1946 in Book 528 at Page 374; and except Any portion of subject property conveyed by deed recorded September 25, 1952, in Book 777 at Page 163, more particularly described as follows: The North 300 feet of the East 157 feet of the West half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 22, Township 3 South, Range 69 West .of the 6th P.M., Jefferson County, Colorado, except the East 25 feet reserved for Dudley Street, being a part of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 22, Township 3 South, Range 69 West except those parcels conveyed in deed recorded in Book 510 at Page 318, in Book 519 at Page 335, in Book 494 at Page 505 and in Book 527 at Page 118, Jefferson County, Colorado, and except the East 25 feet reserved for Dudley Street, County of Jefferson, State of Colorado.- ~_ - -~-_ 2. Case No WA=9 -18: An application by Arthur Bushell for approval of a five (5') foot variance to the ten (10') foot rear yard setback required for structures in a Restricted Commercial-One zone district. The property is located at 12515-21 West 32nd Avenue and.is legally described as follows: Lot 22, Block 1, Applewood Village, County of Jefferson, State of Colorado ..P.Q. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cWheat Ridge November 2, 1992 This is to inform you that Case No. WA-92-18 which is a request for approval of a 5' variance to the 10' rear yard setback required for structures in a Restricted Commercial-One zone for property located at 12515 West 32nd Avenue 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 November 17, 1992 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" V (n O O O t i O 3 W O 0 U> O w m 0 0 m n m 'I'I O n rn '17 m v _~ r ~ ~ T ~ O ~` 3 °: W C (D ~ ' I i D Z ~ 0 3 m -~ N ~I 1 i '" ~ o A ~ --1 n i ~ ~ ~ l Z a " ~ m 9 ("~ g m ~ _ IMPORTANT. PLACE STICHER AT TOP OF ENVELOPE TO THE RIGHT OF RENRN ADDRESS. P 92:3 920 512 ~~ I~ ~ 0 ~+ J ~{ I- CTy' S P 92:3 92~ 511 - -i i ~~ i 0 3 \ W Z O tD N (n ~' m c m v rn 1 N ~ .s T m I ~ G: 6. ~ i J ~.. Z ~ ~ w I __ N i o Vi m a m g+ f,,. e~,g m -Zj ~ m c m ~ z ~ ~ t 4 t H R ~. >v o a m o= P 923 920 513 g.r z ~ eat s~+ ~ O v, a a < m A m y ~ ~ ~ a•n " ~ ~ o~ "> 8a iu d 48 hf y °o a _ g N~ o ~, m ',.1' N a r o F C' ~ ~ , vo Y ~ h rtW 9O ~ T 9m KD H ¢ O °g \° R •~ rm ~m w L9 <~ D my~y'S CL` 9512 g ~~ii 2° fim°' :~am y'c 'c s =nm N ffi © ~M1 m A ~Wm E~! M M( 3 _ D ~ ;"" n _ -a ° nag 09. r ~ ~ o ~nm goo N /1~ . 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M A z ~ $ °vf ~ ` y ° m i ~ ~~~ = 0 N m °~ 1 ~ ~. ~ r ~ s m o0 ; } ~ O ~ M an a m ~ v~ I( ~' n~ mm o s y <~ m w r `~ v 1 f A ~ i m 1 ~ { v I ~ ~ ~ 1 ~ C ~ ~ n n m ~ j m l ~ [ 1 m ~ o ~ 1 IF ti $ 9 fy f r °9 t °a ti ~' 1 ,IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. T ~/4\a~ __.... It ~ J O 3 ~_-... O p '7 S~ `J m N - o _ ~ w w _. Dp m I, j ~ ~1 Z m P, v `~ 3 w ~ n ~ ~ ~ ~ o ~' ? , ~ ~~ G r~ , i ,/ -, rl~ s C ..: M M M p, L6 cif R@ Q ~S i,i ixs w ~ ows ~~ ~ y ~'y*w{ i O n 0a 6 ~ ff fr imf W ~1...p ...n amsFD V~CJ3 •'O~p ~N~ y31i "z a d~~ w ~6m.. N A=te ~H~ y m.~3 ~m~ a °--' a~a O pmA~ CC ~ fn0 n~N _~_ ~Q- ?a° ~ a "~~ " 3 ~md. ~ m °- '" -m m _ dAO s 4F~ 3 m ~ a° _ _~ ~ ~t 7.-~.... w~p....o...m A~~ ~~y A,p3 wG Nao aaa n~ g~Q f~a' w„N ,Q PO ads ; a=~ ~ y 3 ~ ~ Cmm. ~ = 53~ rv=. m 2 nm 2 - ~~o _ -~o ~~- a oF~ 3 ~~~ ~ 9dx s ~~m n ~~~ Pp ~ B'$ i; ~ ~ m H 3 m m P d ' O !~ ---~'-~ a V O ~ za m ~- m < ~, o _ r ~ ~ :_. n B ~' o m ~ - ~ Q ~ ~ ~ a y T c ~N m Z a O CD Q a -p ~ o ~ n N ~ ~ . ..D Z o N 3 A ^ ^ ~ m w ~ ~ ~ a ~ o o y a < F o y N ~ n y m ~ 3 ~ m ^.~ ° y°~ ^~ N O N ~ n Y ~ ~ a ~ ~. t m `~ m ti ~ A N d ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: November 11, 1992 Date of Meeting: Nov. 17, 1992 .Case Manager: Greg Moberg Case No. & Name: WA-92-18/BUSAELL Action Requested: 5' variance to the 10' rear yard setback required for structures in a RC-1 zone district. Location of Request: 12515-21 W. 32nd Avenue Name & Address of Applicant(s): Arthur Bushell 12515 W. 32nd Avenue Wheat Ridge, CO 80033 Name & Address of Owner(s): Victoria Bushell same ----------------------------------------------------------------- Approximate Area: 9,000 square feet Present Zoning: Restricted-Commercial One Present Land Use: Office Surrounding Zoning: N: PCD & RC-1, S: R2, E: RC-1, W: R-C Surrounding Land Use: N & E: Office & retail, ~: Parking, ~: Single-Family ---------------------- ------- Date Published: October 22, 1992 Date to be Posted: October 27, 1992 Date Legal Notices Sent: November 2, 1992 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) 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 STAFF REPORT CASE NO. WA-92-18 REQUEST Page 2 The applicant is requesting approval of a 5' variance to the 10' rear yard setback as required by Section 26-20. This request would allow the construction of a detached garage 5' from the rear property line. SITE The property is approximately 9,000 square feet in area with an 1800 square foot commercial office building located on the property. Parking is located in both the front and rear of the property allowing for approximately 7 spaces per -lot. Due to the size to the building current require a minimum of 9 spaces. The applicant has proposed the construction of a parking garage on the rear parking lot and because of limited depth, a variance is being requested. FINDINGS OF FACT 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The property has and can yield a reasonable return in use if permitted to be used only under the conditions allowed by Section 26-20. 2. Is the plight of the owner due to unique circumstances? The plight of the owner is not due to unique circumstances. However due to the limited depth of the lot, the construction of a garage 10' from the property line could - make it very difficult to maneuver in and out of parking spaces. 3. If the variation were granted, would it alter the essential character of the locality? Because of a 10' drop in elevation (from the adjoining site to the subject site) a setback variance in this location should not alter the essential character of the local neighborhood. 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? There are no particular physical surrounding, shape or topographical conditions that would result in a hardship upon the owner. However, the change in elevation hides the proposed structure making the required setback ineffective. BOARD OF ADJUSTMENT STAFF REPORT CASE N0. WA-92-18 Page 3 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? Approval could set a precedent for the adjoining commercially zoned properties, however these properties are in the same situation as related to elevation. 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? The desire. is to construct a structure to remove vehicles from inclement weather and still allow enough room for maneuvering. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No hardship has been created by any person having an interest in the property. 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. 9. Will the proposed variation would not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety and substantially diminish or impair property values within the neighborhood? The granting of this variance will not impair the adequate supply of light or air to adjacent properties, nor increase the congestion of public streets or increase the danger of fire or public safety. CONCLUSIONS AND RECOMMENDATIONS Based on conclusions derived from "Findings of Fact", staff has the following comments: 1. Due to the existing topographic conditions approval of this request would not alter the essential character of the local neighborhood because the structure would be constructed at an elevation 10' lower than the property to the north effectively hiding the proposed structure. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-18 Page 4 2. The granting of the request would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 3. The granting of the request would not impair the adequate supply of .light and air to adjoining property or substantially increase the traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Therefore, staff would recommend that Case No. WA-92-18 be APPROVED. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: November 17, 1992 Page 3 Board Member ABBOTT asked if he had worked out the turning , radius, and Mr. Keller .answered yes, it would give them approximately eight feet to turn around. Without the variance, they would have to pull straight in and back straight out of the driveway. Board Member HOWARD questioned the Bell Plumbing vehicle parked in the driveway, and Mr. Keller said it is not his. It just so happened the same day the pictures were taken,.. they were having their water heater replaced. No further questions were asked of the applicant.. Motion was made by Board Member ABBOTT, that Case No. WA-92- 17, an application by Clifford and Emily Keller, be APPROVED for the following reasons: 1. Essential character will not be altered as there are numerous side yard setback encroachments in the immediate vicinity. 2. Neighborhood property will unlikely be affected by this variance due to setbacks in the immediate vicinity. 3. Requiring the structure to be built at code requirements would create an impractical driveway configuration and would require removal .of an existing redwood deck.. Motion was seconded by Board Member HOWARD. Motion carried 5-0. Resolution attached. Board Member ROSSILLON arrived at 7:50 p.m. ~_~B. Case No. WA-92-18: An application by Arthur Bushell for approval of a five foot variance to the ten foot rear yard setback required for structures in a Restricted Commercial- One zone district. The property is located at 12515-21 West 32nd Avenue. Mr. Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member ABBOTT said he was not clear if the structure will be attached or detached, and Mr. Moberg answered, detached. Board Member ABBOTT questioned since the addition will be to the north will the applicant need permission from the utility company, and Mr. Moberg answered the applicant will not be building on the easement (which is only a five foot easement), so there will be no need for permission. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: November 17, 1992 Page 4 Chairman BERNHART asked if the purpose of this variance is -_-- to create more parking spaces, and Mr. Moberg said no, it will not increase parking. Board Member HOWARD questioned the covered parking going right up to the property line, and Mr. Moberg assured the Board the applicant would still have to meet .the side yard setback of five feet. No further questions were asked of staff. The applicant, Arthur Bushell, 2958 Isbell Court, Golden, CO, was sworn in. Mr. Bushell explained there are seven parking spaces in the back, however only two can be utilized. When it snows even those two can't be used at all because snow plows cannot get-back on the property to plow due to the turning radius. Mr. Bushell said at various times there are eleven employees, and if everyone worked at the same time there would be a problem. Clientele parking is in the front. Mr. Bushell said when West-32nd Avenue was widened, they lost part of their frontage and cars are actually backing out onto West 32nd Avenue and he is fearful of someone having an accident. Mr. Bushell continued saying this variance will more effectively utilize the rear parking for employees and leaving the front for their-clientele. Aesthetically, Mr. Bushell feels it will improve not only his property but the surrounding property also. Between the weed problem every summer and the erosion of dirt from the shopping center, it does not make for a very clean setting.. Mr. Bushell added this covered parking will also change the way the slope is and put a drain system in to take the water away which will help along the bank. Board Member ABBOTT wanted to know with only using two parking spaces now, why would covered parking improve the situation, and Mr. Bushell said the retaining wall will be removed and the covered structure will be moved back about 12-15 increasing the depth of the property. Chairman BERNHART asked then including the easement, will only seven feet be gained, and Mr. Bushell answered yes, at the east end. However, since the retaining wall to be removed is on an angle the west side will be more deeper. Chairman BERNHART questioned if the whole parking garage will be at an angle, and Mr. Bushell replied no. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: November 17, 1992 Page 5 C Board Member HOWARD asked will there be a drainage problem created when the structure is built, and Mr. Bushell answered the contractor told him the structure will help minimize any erosion problem and help the drainage problem by not adding to it. Board Member ROSSILLON asked the applicant to explain the retaining wall further, and Mr. Bushell described the wail and pointed out where the new structure will be on the overhang. Chairman BERNHART wanted to have clarified if this is a garage or a carport, and Mr. Bushell said since they have,. had some problems with vandalism, they would prefer a garage. for security reasons. Chairman BERNHART asked if the garage will 'butt up against the building, and Mr. Bushell answered yes. Board Member ABBOTT asked what was the business to the east, and Mr. Bushell replied the chiropractic center. Chairman BERNHART asked if there had been any communication from any of the neighbors, and Mr. Bushell said no one had contacted him. Board Member HOWARD asked staff if it will be necessary to have a drainage plan submitted before the applicant can get a building permit, and Mr. Moberg answered that would be up to Public Works, but added he would really doubt if it will be required since the ground is already entirely asphalted. No further questions were asked of staff or the applicant. Motion was made by Board Member ROSSILLON, that Case No. WA- 92-18, ari application by Arthur Bushell, 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. Because of the topographical conditions, ,approval would not essentially change the character of the local neighborhood. WITH THE FOLLOWING CONDITION: 1. The drainage from this new construction be adequately addressed. Board Member REYNOLDS seconded the motion. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: November 17, 1992 Page 6 C Board Member ABBOTT offered an amendment for approval, and added the following: 3. The removal of the existing diagonal retaining wall and installation of a new wall aligned, straightened and shifted to the north will allow a much improved. utilization of a commercial occupancy and enhance property value. Board Member REYNOLDS agreed on the amendment.- Motion carried 6-0. Resolution attached. C. Case No. WA-92-19: An application by U.S. Outdoor Advertising, Inc. for approval of a sign height variance to allow an existing billboard to remain at its-current .height.. The property is located at 12351 West 44th Avenue. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member ABBOTT asked if a precedent was set with the three signs on the north side, and are any of those signs above the 32 feet, and Mr. Moberg replied those signs are allowed to go above the 32 feet as -they are not billboards, and added the appeal for those were for size, not height. Chairman BERNHART had questions about the Brewer sign and the sign at the truck stop, and again Mr. Moberg answered they are 'on premise' signs and are allowed fifty feet in height. Chairman BERNHART asked if there were other examples of people who have gone in with a permit and mistakenly erected something 20-30 feet higher than allowed and gained any advantage, and Mr. Moberg replied no, he does not know of any. Mr. Moberg added .this is an out of state sign company that is used to dealing with many different requirements, and in this instance there are the State Highway, City, and State regulations. No further questions were asked of staff. The applicant, David W. Galloway, 14202 East Evans, Aurora, CO, was sworn in. Mr. Galloway is the consulting engineer for U.S. Outdoor Advertising. Mr. Galloway feels the things that need to be focused in on is the fact that the. sign variance request does indeed meet the criteria, particularly as it pertains to the fact there are unique circumstances on this sight. This is the only location along I-70 that a billboard can be put up. PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-92-18 DATE: November 17, 1992 REQUEST: An application by Arthur Bushell for approval of a five foot variance to the required ten foot rear yard setback for structures in a Residential Commercial- One zone district. The property is located at 12515-21 W, 32nd Avenue. Position On Request; ' i (Please Check) i SPEAKERS NAME & ADDRESS (PLEASE PRINT) i IN FAVOR , OPPOSED i I ~ I , 1 I I ~ 1 i ~ 1 1 1 i I 1 1 ~ I I 1 1 1 I I I I I 1 I 1 1 I I I 1 1 1 ' I i I 1 I I I f 1 I I 1 i I ~ I I 1 I I I I I ' 1 I 1 1 I I I I I 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 1 h day of November 1992. CASE NO: WA-92-18 APPLICANT'S NAME: Arthur Bushell LOCATION: 12515-21 West 32nd Avenue Upon motion by Board Member ROSSILLON seconded by Board Member REYNOLDS the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-18 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-92-18 be and hereby is APPROVED. TYPE OF VARIANCE: A 5' to the 10' rear yard setback in a Residential-Three zone district. PURPOSE: To build a garage 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. Because of the topographical conditions, approval would not essentially change the character of the local neighborhood. WITH THE FOLLOWING CONDITION: 1. The drainage on this new construction will be adequately add=essed. VOTE: YES: Abbott, Bernhart, Dooley, Howard, Reynolds and Rossillon NO: None DISPOSITION: Variance was granted by a vote of 6-0. DATA is 7th da of November, 1992. JO BERNHART, Chairman Mar L u Chapla, Sec Lary Bo d of Adjustment Boar o Adjustment