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HomeMy WebLinkAboutWA-92-19STATE OF COLORADO DEPARTMENT OF TRANSPORTATION District 6 Maintenance OT 5640 East Atlantic Place Denver, Colorado 80224 (303) 757-9574 City of Wheatridge Planning & Development c/o Meredith Reckert 7500 West 29th Avenue Wheatridge, CO 80215 RF; Proposed Billboard-at 12351 West 44th Ave_. Meredith, - _ _ _ ._ August 28, 1992 After reviewing the app7.ication for the proposed off-premise .sign located along I-70, East o£ Ward road,. at_12351 West 44th Ave,the Department-has determined that-the sign will comply with State and Federal Laws. _ _ _ If you,have any: further questions please contact_me_at The Department of Transportation,-5640 East Atlantic-.Place, Denver, Colorado, 80224;,303-757-9514. . Sin erely, ~~ `~ ~ J m Maulis Roadside Advertising Inspector., ~lTY OF WHEAT RP17GE SEP 0 S 1992 ~U .. ~Pl.,1NNING & QEVELQPMENT The City of ADMINISTRATIVE PROCESS APPLICATION Wheat -1\id a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant U S Outdoor Advertising Address Laurel MS 39441 Phone 800-467-4014 Attn: Greg Hogue 600 N. Brand Blvd., Ste. 300 Owner public Storage Manaa~ent Address Glendale CA 91203 -Phone 818-244-8080 Location of request 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. Detailed Description of request SEE A:A"IP~D PAGE -- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Public Stora e Mana anent 600 N. Brand Blvd., Ste. 300, Glendale, CA 91203 818_244_4014 .S. Outdoor Advertisin P 0. Box 64 9, Laure , I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this act' on his be aif. ~S ~~e.~. ~~DO ~ ~ ~s .=~ Signature of Applicant ~,~ ~"'^~_,~ Subscribed and sworn to me this Ilnthday of ~e~L. 19 ga ~- ~" ITY ':SF WHEAT F:IDiiE 7=i~G W '~3T1 AVE.. F'. O. BCIX G38 !•IHEA';" F'TDUE; iIILfJF:ADG Gt=''`-'='=r DATE PAID: OC:T 1'9, 1'9'72 F.:EO:ETVED FF:OM: U. S. ^UIDCJO!=: RDVEF:TISINU C:O. nrgt~:RINTIC]t~i: BOA r CHECki: X50. C~~? i:;HEC:F; SVO: G~145 A:'1OI tN . CASW.: ~t?.~0 CHAF:i3E: ~C~•"_~ AI"IOIiNT I~:Ei=E3'JED: 65i?. 00 _- ~ RE~_EIPT IyO: 50`903 OF'F: I D : 81-IE~ PUBLIC STORAGE MANAGEMENT, INC. 600 N. Brantl Blvd., Suite 300 • P. 0. Box 25050 Glendale, California 91221-5050 818/244$080 _ _ October 12, 1992 City of Wheat Ridge Department of Planning and Development 7500 W. 29th Avenue Wheat Ridge, CO 80033 Ladies and Gentlemen: This letter is being written to authorize U.S. Outdoor Advertising, Inc. of Mississippi to act on Public Storage's behalf regarding the requirement by your city to pursue a height variance at our property on West 44th. As I understand the current scenario, all of the appropriate permits have already been pulled, yet we are now being required to apply for a height variance after construction has been completed. If your engineers have signed the plans, and the improvements constructed as planned, why is a variance required? Public Storage Management, Inc., as agent for the owner of this properly is assuming that this variance is just a formality due to an oversight and that this process will be expedited. If this is not the case, or if we could be of any help expediting this process for U.S. Outdoor, please let us know. Sincerely, PUBLIC S~RAGE MANAGEMENT, INC. ~c.~-- ~ GREG S. HOUGE V.P./REGIONAL MANAGER GSH/gh cc: U.S. Outdoor, Bill Evans, Morris Hack 'CITY OF WHEAT RIDGE OCT 161992 PLANNING & DEVELOPMENT ADMINISTRATIVE PROCESS APPLICATION PARTMENT OF PLANNING AND DEVELOPMENT CITY OF WREAT RIDGE A. Location of request Section 4, a portion of the real property commonly known as 12351 W. 44th Avenue, City of Wheat Ridge, Co., County of Jefferson, Legal Exb. A. B. Detailed description of request To allow a billboard along I-70 to be a total height of 50', per your #26-413 Billboards Specifications & Regulations (C) (4) which only allows a .billboard with a total height of 32'. The definition of grade is not defined; however, if you took the grade of Interstate I-70 as being the level upon which the structure is viewed, we would not exceed 32'. But being that you took the grade of ground where the structure is located, I would be 18' too high. I apologize for putting the structure up not knowing this was the wrong height. The reason for the variance request is to allow us to keep the height at 50'. When traveling westbound on I-70 the visibility would be blocked by a tree that exists on the Colorado Department of Transportation Right-of-Way. (Keep in mind they do not allow any tree cutting period, if we drop our sign down to the required 32' overall height. This tree would block the whole advertising face that would inform the public that a hotel is at the next exit in Wheat Ridge, Colorado.) This visibility is needed to be seen in order to make a safe exit at the next exit. Also, when traveling eastbound on I-70 you are approaching a curve and this height is needed in order to give the traveling public time to make a safe exit if they desire to stop in the Wheat Ridge area. Please try-and understand we need you to consider at our location the grade. to be established from the interstate because this sign will -only be viewed from the I-70 roadway. By not allowing the additional height, which is about 50~ variance, the traveling public may not have enough time to make safe exits. Also, I know that existing billboard signs were erected at a much earlier date and possibly did not fall under the same requirement. They saw the need for 50' in height. Just west of our location is one of these existing billboards. Our sign would be harmonious with the signs in this area. It would definitely not be the only one of its kind. Thank you for just considering my application. U.5. OUTDOOR ADVERTISING SIGN VARIANCE WHEAT RIDGE, CO Variance Request Review Criteria 1. Can the property itt question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulation far the district in which it is located? No. If the sign is lowered to 32' it would suffer severe visibility constraints. This would create a situation where the use, service and potential income would be significantly reduced because a billboard must be seen to have any value to potential users. 2. Is the plight of the owner due to unique circumstances? Yes, the unique circumstances are: a) Billboards are not only regulated by the City but also by federal regulations administered by the Colorado Department of Transportation. The areas along an interstate which allow billboards are severely limited by the federal regulations. This is unique in that the federal regulations limit the local regulations even within the same zoning district. This is apparently tote only site in Wheat Ridge which meets all applicable criteria. b) The billboard owner, when selecting the site, mistakenly interpreted the City code's height provisions establishing the height above grade to mean the height above roa grade, not the height above ground grade at the sign. The billboard meets the 32' requirement when viewed from the adjacent road grade. This mistake was made because the billboard owner works on a national basis and the mistaken definition is, in fact, used by many municipalities throughout the nation. c) 'Visibility of the sign is determined by trees on the I-70 ROW. Trees cannot be trimmed to accommodate a 32' sign. 3. If the variarian were granted, would it alter the essential character of the locality? Na. There are many onsite signs along the I-70 corridor which are the height of this sign. Page 1 of 2 4. Would the particular physical surroundings, shape or topographical condition of the specific groperty involved result in a particular hardship (upon the owner) as distinguished frpm a mere inconvenience, if the stxict letEer of the regulations were carried out? Yes. The billboard has severe visibility constraints if the 32' height is not varied. This is the only location available which meets city, state and federal requirements for this use. However, the use specifically requires visibility from I-70 to be viable. If the allowed use is not viable it is a hardship and not a mere inconvenience, 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? Possibly, however, our research indicates there aze no other sites which meet the applicable criteria to allow the use. 6. Is the purpose of the variation based exclusively upon a desire to make mosey out of the property? Yes, if the billboard is not visible it has limited value to prospective renters. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No, the interested parties are at the mercy of the various regulatory bodies. $, 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? The variance would not be detrimental, to the public welfare because it would only allow the beneficial use of the property for a use by right. There may be some injury to nearby billboard owners because the introduction of a new billboard may create increased competition for users and serve to create rate competition which may decrease their profits. 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 Page 2 P.______________._____ r~ i 7 ~ f i I i i li ffi a ~ I ~ ' ~ I ~~ Z J m ---------~,r-,-~----- I L_ .3. ; > s '> wa ^~m t n° ~ ~ s~ tJe r ~~ `_"-~ ~_~ ~~ ~" °_~ 5-~ o= ~ a $a ~ ~~ Oyu 4 ~ ~ % f~ ~ _ y £ 3 6F ~~~'~~ ~~~~~ ~~ ~~~ WARD ROAD wwisT err- "-.. .\ ~~ ~~ \~n ti~ •e \ S T~ pp ~, o B~ ~. .\ 1 o~ a ~ ~ s~ $~ ~~ ~" ~ 8~ # ~ 33 ~ 4 $$ q~ f n q E ~ ~ 9 ~ ? u E. ~ ~ ~~~ b ~~ ~'~3 ~bj ~~ p~.~ .»°ji° Cp . ~ ~~ ~, ~~ 5~ o Ep 03 ~~ d ° m q ~ $ad + ~~~ R ~~ Y 4 ~~: a ~ 9~ 3 ~~O'' ~ e~ ~F 3'~Oq •...... 9 ~ ~~ n. q R S ~~ ~ v~ 5 gyyq d ~~ m NOR'['H `~ O v DEPARTMENT OF COMMUNITY DEVELOPMENT 7500 WEST 29th AVENUE BUILDING INSPECTIDN DIVISION PERMIT N0. M92A18374 237-09tt EXT. 255 P.O. BOX 838 C17Y OF WHEAT RIDGE, COLO. 78 ADDRESS w n a e w ac x1.0 4V ]NTRACTOR U S ODtdoor AdVert~9~ng Co DORESS P. A_ Rnx 6439 3n 4aurel, bL5 ZIP CODE 39441 I. TYPE GrauneU 2. MATERIAL S1•cal SIGNS 31LlUMINATION rin® Ne •. SET BACK FROM PROPERTY LME OWNERvVP~11C StOCage EUrOfOnd VII ADDRESS vd $qi PHONE 818-294-8080 EXL 754 Zlp CODE9 03 "ONIw,..r rclce n 5$Dv000 Total SAUar• L TYPE 9oIIdU Man Tlan 80% Op•nU L•n• Tnan BO% Opm FENCES ~ MATERIAL H•~t 3. SET BACK FROM PROPERTY LINE N_ S_ E_ W_ Zan•_ Approve,ZOrr Innp•etn I5P•dh wnlen i• Iranll ^ ^ ^ ^ auKKPane DRAW SKETCH OR SHOW BELOW, THE FENCE,SIGN, OR (SETBACKS OR PROJECTDNS INCLUDED) DISTANCES FROM PROPERTY LINES. REAR PROPERTY LNE w z J ~ SEE SURVEY > ~ ~ g S ~ yg g w Y, a, FRONT PROPERTY LINE $PECFY NORTH STREET NAME 9MOW DISTANCES FROM TIE MAM BUILDING TOAOJOINING HOUSES, STREETS,ANO PROPERTY LINES; ON IIIREGUL.aR LOTS, SIgN I reer DISTANCE TO PROPERTY LINES, NOT MA%IMUM OR AVERAGE DISTANCE. AI'(i I. ICAIIDII TtIR FI 17,:CII11?, EI FCI RICA( ; MErfUNICAL PERMIT THIS APPLICATION WILL BECOME A PERMIT TO PERFORM THE INDICATED NY7RI( ONLY UPON WLIDATION BY TILE BUILDING INSPECTION DINSION. Pi. F19T "' r"TIRE EG GA S FHr 1' p?IE Cf 15y11.1ICF 'F KIRK IS HCI EiAP LEO WI(H!N 1HAT TII IF ELECTRICAL PERMIT STATE LICENSE N0. 1927 PLUMBING PERMIT STATE LICENSE NO MECHANICAL PERMIT - •Ib•u:L^.I V.ntE UPa.:R 51'.C-11LLEGLL FLOOR BSM IST 2ND 5RD 4TH NO FLEL~Cid•Or GW qI E Sdar NO. WATER CLOSET FORCED AIR BTU TEMPORARY METER WASH BOWL. HOT WATER BTU NEW SERVICE - AMPS BATH TUB STEAM BTU CHANGE SERVICE-AMPS SHOWER AIR CONOITIONINO-BTU LIGHTING SINK OTHER HEATING GARBAGE DISP REFRIGERATgN SYSTEM POWER SUB-CIRCUITS WATER HEATER Refrl •ranl Grou UTILITY (RANGE, DISPOSER,ETC) AUTO. WASHER PouIM• Clwr • 4 FIXTURES 0 W DISH WASHER AUTdAATIC $PNINKIER SYSTEM WIRING MOTORS B CONTROLS FLOOR GRAIN ELEVATOR SIGNS 1 rX URINAL TRANSFORMERS B RECTFIERS SEWERS ADDITK)N TO OLD WORK OTHER MOTORS OVER I HP TOTAL FI%TURE$ I MnEy ockn•wbdQ• toot Ihi• opplito. PERMIT FEE Non n correct and und•ntone (not I cannot •tarl tnia prol•et until nit appli- USE TAX eolion ft approve. I shall comply wilA TOTAL FEE tN Iaw• of tM Sfots of Colorado and to Ib ZoninO R•palatiom and Bailaina APPROVE[ Cods of 1n• City of Wheat Ridp•. Any WBArPR~7EL violation gh the pbaw nrmr wiN cams CHIEF BUILD( immedi • •voeation of (nit p•rmil p.c~el ~Gr SZ Wheat Ridge CALL 237-89tt EXT. 255 2l HOURS IN ADVANCE FOR INSPECTIONS Dale Issued /7- ~` ~ ~Z d 3 J 5ife G G- N I N Z o z > ~ Q C.~ Z Z O N Q O m J J m J Q U O W C~ ~_ ~-- W O >- t- U i m' m v: i~ ,-~:, ~~. E _.__. __^ N0~/, J4 '92 1439 6RLLOWRY-ROMERO' : I P.2/2 --, ~ t/W~1'r~iD) , ~ KAYOtV ALL MEN itY 7`F•tF.SE PRE.SEN'CS, that !, .~ ~'~~ - , of ',~ tha ' County of ~ ~ . Jtate 6f S.i~3i f''?^-'-2'~ ,reposing spacial mist i lard Canfidlrnotr tin r_.ri~.3 ~"A~;t~tlflt• a~rerwrri:~~ , of the --- Cowry of ~TrMZt,9 , Stara of ~~ as a~f~~ , have made, constituted and appointad, and by tt~se gresetttS d0 makd, vonttitute and appoint tix said - myxrua and ~iwPo! attozaey taaer for mt and in my name, place and sfead, and for my iota use and bt:nafit, with fuU paver and authority to d0 aadperform aac[tand curry acs necessary, as fully as i might do if personally ptesant, to accompi'ssh aadeampkte ti'ta KsltbWttl~ act 6r hxasaction td wit: to aaeQe~eerct Public Std ~C 3a tlaa var#.tutca faC rile j~ ~3rEl~ xacuGad ifr~ 1~xax tZidgea Co].aradta• f 't k~ fs ,~ '"11tis powea' of Attorney shall cot be affectad by disebtltry of mt ptincipil. 'TEtta Aowar of Attorney shalt become affective upon the disabi3iry of the prins:tpal. ~7LF.ClI7i~ this ~ ~3' of .. 5TA3EOl:~~t~cafvi~ -- County of .~.et7.~. ~~ ~ ss ~~1~ 4 1Nd fgreg4in$ instrument w~c acknawledg~ Mora me st5is~-.~ day vi ~Y?1~r . 19 ~L by (.x g~,,,~[j,L! dE ~ ~C's~~ Gtf ,the Principal. wtnexs my hind and encial ,cal ---Y^-~^'~`~'^'- - - w~wr« OpPly"!AL SEAL My eornrnisaion ezpirca. ~-rl `p~ kiAkl~IG AEkSiER Houm ratwc ~ c;Yalnsxti ~StslSz aeoadint to La, Pnnctpar Ok)ce to J ~LCS AfKfELE3 COt3tJ7Y __ bR Expfres ,luty 7. }995 ~- lf~vNt SHI~J1.r'•p Al.~v,A-ukff~r _ MM'~~M ~~'~Y ~ s 7500 WEST 29TH AVENUE _ The City of P.O. 80X fi88 - WHEATRIDGE.C'080034-0638 (303).234-5900 cheat City Admin. Fax # 234-5924 Police Dept. Fax ;* 235-2949 Ridge October 9, 1992 Leonard Busby III 519 Central Avenue P.O. Box 6439 Laurel, Mississippi 39441 Dear Mr. Busby: Upon review of the plans submitted to my office October 6, 1992 for the billboard located at 12351 W. 44th Avenue, it is the City's position that the sign does not comply with Section 26-412 of the Municipal Code. Based on the findings noted above you are hereby ordered to take the following actions: 1. The sign is to be lowered to a maximum overall height of 32 feet measured from its' base. 2. A complete set of updated plans must be submitted to the City. 3. The work shall commence immediately and be completed within thirty (30) days from the date of this notice. You are hereby advised that if the aforementioned actions are not completed within the time specified, the City will proceed to order the sign be removed at the land owner's expense, and a summons to municipal court will be issued to the sign owner and sign erector. Any person(s) having any record title or legal interest in this sign may appeal this notice and order, or any action of the building official. Such appeal shall be directed to the Board of Adjustments. It shall be in writing as provided by the City of Wheat Ridge Code of Laws. The appeal must be filed with the building official within ten (10) days from the date of this notice and order. Failure to appeal this notice and order-as outlined above will constitute a waiver of all rights to an- administrative hearing and determination of this matter. ca u.„~, n"ir„v,~~ S' Page 2 Any inquiries regarding this notice and order shall be directed to: Jack E. Prose, Chief Building Official City of Wheat Ridge P.O. Box 638 7500 W. 29th Avenue Wheat Ridge, CO 80034-0638 Si cerely, ~~ ack E. Prose Chief Building Official cc: Public Storage EuroFOrd V21 600 N. Brand Blvd., #200 Glendale, CO 80222 Public Storage 12351 W. 44th Avenue Wheat Ridge, CO 80033 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 of 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 o£ the SE 1/4 of the SE 1/4 0£ Section 22, Township 3 South, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at a point corner of said SE 1/4 feet; thence east 175 thence west 175 feet the West 25 feet of s County of Jefferson i Book 528 at Page 374; 550 feet north of the southwest of the SE 1/4; thence North 110 feet; thence south 110 feet; to the Point of Beginning; Except aid described tract as conveyed to n deed recorded March 9, 1946 in 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 £eet 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. ~> L C ~ :, C' -, ~. 2. Case No. WA=92-18: 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, Appiewood Village, County of Jefferson, State of Colorado 2. 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 and is legally described as follows: Public Storage Amendment No. 1 Subdivision, County of Jefferson, State of Colorado Mary Lou Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October.22, 1992 Wheat Ridge Sentinel P,O.8OX638 TELEPHONE 303l237.69~~ The City o1 7500 WE57 29TH AVENUE .WHEAT IiIOGE. COLO(iA0O Baozs cheat . midge POSTING CERTIFICATION CASE HO. WiE ' 92 -/q PLANNING COMMISSION - CITY COUNCIL HOARD OF ADJUSTMENT (Circie,One) HEARING DATE: P(DY. 17, IgR2 I, U.Gi. oufilc~r/' _. a, =r*o-a- ~( name p o. ~,c loq~3~t , L~u./~f , M~ 3~q~ I a d d r e s s as the applicant for Case No. WfF'92 -!°r , hereby certify that I have pasted the Netice of Public Hearing at Z35I W. ~~-~ ~, 1zr~ , ~ , o c a L i o n• on this ~j day of J~fpy~e~ ~„i"' , 19,E q2, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature:z~2~C~~~~~~.!/ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. s~'~ • 3 tom. ~~,- ~~ubl~~ ~d~e. -Fa~aG"~ M A P ~V. ~-+~ ~VL. 6'~" ' p.0. BOX 638 TELEPHONE: 303/237-6944 The Cify of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge November 2, 1992 This is to inform you that Case No. wA-92-19 which is a request for approval of a sign height variance to allow an existing billboard to remain for property located at 12351 West 44th 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, November 17, 1992 ,_ on 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. 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Dz c ~ ~ = ~ ~ ~ ~~ '9°a° 3~y ~ a ! ° T° ~ ~'~ ii tAl ~ p ~ \T~ ~ -~; m'" FnT ~ ~ PhD f ~ ~_~ ~ a' c 3 1 1r C m N ~ te` a W a ~9 m 2 n - a'm a1 m ~ ~ W$~ ~m ~ .fA ' (n ' vnnz am^y~a .°-~ 6~g~33m Ip K] ~ n n_ a_ ~A ~D w {~ ~ O gmm a " D • c w ~ m M 3Wy ~~~ I ~ ~y 3 f° t o ¢ $~ R ° m m ~ $ m° ~ w {'~ ~ Q"1 ~ £~~~ Sa o m gppppp ~ °a = _ r ~ . ~o~ ~ N D ~~m M' . gym. ~ m 2 ~ ~~o p+. _ (~ 'w m m v~ AQ~ O ' °F~ 3 ~~~ ~ pNF ~ N~~ N ~nw N ~ _ n m3m <~n nl~ s 3 w ~ Q ~ 3' a O a m m D a r m ~ < ~ o n ~ O ~ iv ~ o ~ y- K N ^ ^ fp to 3 B N m E w a s77a~o y d K ~ ~ O N Q< N. Q N '~ ~. N n s ~' N Q m ~ NO y a m y o .. O N. O N m n fD N O m N m Q 3 ~ ~ ~ 4 N ~ m m m ~ m 4y Galloway, Romero & Associates Design Engineering Planning 14202 E. Evans Ave. Aurora, CO 80014 (303) 745-7448 FAX: (303) 745-7480 November 4, 1992 Mr. Greg Gidley City of Wheat Ridge 7500 W. 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034 CITY OF WHEAT RIDGE D .'~~ NOV 4 5 1992 PLANNING & DEVELOPMENT Re: Variance Application for Billboard I-70 & Ward Road Wheat Ridge, CO Dear Greg: Transmitted herewith are the following documents: - CDOT (formerly CDH) memo dated June 26, 1990 stating tree trimming policy. - CDOT letter dated October 28, 1992 to U.S. Outdoor Advertising confirming policy for this site to not trim trees blocking visibility of signs. These two documents confirm the fact that the trees blocking the billboazd in question cannot be trimmed to allow for visibility at the 32' height. Please include this information for the City's consideration of our variance request. Sincerely, Galloway, Ro/m~,e~ro~/& AsAssociates ~~G~/~/ David W. Galloway, P.E. cc: Leonazd Busby, U.S. Outdoor Advertising DWG/ker ~- , ~ J . ..' This memorandum will aezne to formalise a procedure for vegetation clearance in front of outdoor advertising signs that the Colorado Department of Highways has operated under for many yeses. When a request frrar an advertising company is received at the District Offiae to trim or remove vegetation, the Roadside Advertising Inspector will regnaat district landscaping personnel to evaluate the location and determine if the clearance or trimming is necessary. It the vegetation does need trimming for its preaeroation and not for the sole purpose of better visibility toe advertising signs then maintenance crews can do the trimming or hire a contractor and bill the advertising company, At no time will an advertising company be allowed to trim vegetation in the highway right-of-way. 2res removal or vegetation trimming xill vat be done solely for advertising sign visibility, Attached is the FHWA memorandum of May 18, 1990 that rescinds the March 15, 1977 memorandua+ permitting vegetation clearance to improve the visibility of outdoor advertising algae. Please contact me if you ahauld have any queatiana or comments regarding these vegetation clearance guidelines. Thank you tar helping the Department comply with the FHWA and Colorado scenic enhancement of our highsraya. Attachment J,'r~ /~2'~N~rSr~1' ~ ~/ V ~ ~~+ V ~1 i.1. \ ~~~ 4~1&aitManesAw. 1t3~ +~•rfj ~ fib( i~o ~ ~tjt• ~'I ~ c•o,a, DATE: June 26, 1990 ~rz~«~~ T0: All District Engineers ~. L, FRbM: Robert L. Clevenger SUBJECT: Vegetation Clearance Guidelines cc: d 11 "~ ~ {1," ~ /~ ~/ Stutz Right-ot-way r , s oer~e-rM~lr o>: t Disirl~ b fv{aln[enanu 5640 East MfanUC Place Drnvcq Cdlomdo 00424 (3121! 7S7.95i4 U. S. Outdoor Advertising Company c/o. Mr: Leonard Busby 819 Central Avenue Laurel, MS 38441 RE: Trees trimming along I-70 Leonard, STATE OF COLOl~DO DT October 28, 1982 The Department of Transportation has to follow Federal guidelines in regard to trimming trees along State Highways. We are only able to trim trees for the trees betterment. It is the Departments policy not to trim trees for the purpose of better sign visibility, I will enclose the Departments latest memo an "Vegetation Clearance Guidelines". If I can be of any further help in this matter, pieeae contact ma, at 303-?b?-9514. Sinc ely, ,~ J m Maulls Roadaida Advertising Inspector ,arm/JRM oc file 13 31 GALLOWAY-ROMERO P.2/3 U.S. OUTDOOR ADVERTISING SIGN VARIANCE WI~EAT RIDGE, CQ Variance Request Review Criteria Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allawed by the xegulatian for the district in which it is located? No. If the sign is lowered to 32' it would suffer severe visibility constraints. This would create a situation where the use, service and potential income would be significantly reduced because a billboard must be seen to have any value to potential users. 2. Is the plight of the owner due to unique circumstances? Yes, the unique circumstances are: a} Billboards are not enly regulated by the City but also by €ederal regulations administered by the Colorado Department of Transportation. The azeas along an interstate which allow billboards are severely limited by the federal regulations. This is unique in that the federal regulations Iimit the local regulations even within the same zoning district. This is apparently the only site in 'Wfteat Ridge which meets all applicable criteria. b) 'The billboard owner, when selecting the site, mistakenly interpreted the City code's height provisions establishing the height above grade to mean the height above r~ grade, not the height above ground grade at the sign. The billboard meets the 32' requirement when viewed from the adjacent road grade. This mistake was made because the billboard owner works on a national basis and the mistaken definition is, in fact, used by many municipalities throughout the nation. c) Visibility of the sign is determined by trees on the I-70 RQW . Trees cannot be trimmed to accommodate a 32' sign. 3. If the variation were granted, would it alter the essential character of the locality? No. There are many onsite signs along the I-70 corridor which are the height of this sign. Page 1 of Z AMENDED l l/1fl/92 31 GRLLOWRY-ROMEP,O P.3/3 4. Would the particular physical surroundings, shape ar 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? . 'Yes. The billboard has severe visibility constraints if the 32' height is not varied. This is the only location available which meets city, state and federal requirements for this use. I~Iowever, the use specifically requires visibility from I-70 to be viable. If the allowed use is not viable it is a hardship and not a mere inconvenience. 5, Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same caning classification? Na, 'This does not apply because there are no other sites which meet the applicable criteria to allow the use. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The billboard must be seen to properly serve the public. 7. Flas the alleged difficulty or hardship bean created by any person presently having an interest in the property? No, flue interested parties are at the mercy of the various regulatory bodies. 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 iocated? The variance would not be detrimental to the public welfare because it would only allow the beneficial use of the property for a use by right. There may be same injury to nearby billboard owners because the introduction of a new billboard may create increased competition for users and serve to create rate competition which may decrease their profits. 9_ 't~Jould the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets ar increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? No 1?age 2 AMENDED 11/10/92 APPLEWG©D E}FFICE PARIS 2700 Youngfield, Suite 280 Lakewood, Colorado 80215 (303} 237-1830 November 17, 1992 City of Wheat Ridge Zoning Board of Appeals RE: Public Mini Storage Sign Variance Located at 12351 W. 44th Avenue To Whom It May Concern: The undersigned, Thomas S. Yang, is the property owner immediately to the east of the subject property located at 12301 W. 44th Avenue. The property is currently leased to American Motor. The undersigned has no objections to the variance of the new sign erected on their property. Due to the nature_of their business and the grade of Interstate 70, and a taller sign would be of great help for people to make a safe exit. The undersigned property owner recommends the Board of Appeals to grant the variance on the sign height. If you have any questions or need any additional information please feel free to call me at 237-1830. Sincerely, %:~.~~ Thomas S. Ya g Post•9t' Cfand FaxTransmittaf Memo ~s~z Cempazry ~ocauon ~-j4NVi;'Yl- Fax# !/~3 : O ~ ~ ~ Comments Telephone Y ~t4~.. ~ 1 ~~ [~ 3660 EAST 40tH AVENUE DENVER,COLORAD0B0205 TELEPHONE (303) 329-3726 FAX (303) 329J068 November 17, 1992 Na. afPaoes ! 7otlaySOate ~~ ~. j 7 7ms ~ ~ r•-r G,j From ~"rG.~~, '~ cam. N G-~ v Company ~~.,,~~-.~ Locannn ~ ~J ~~ Fax# Oepl.Chnrga TolBphpnaM 3yh ~,,,-'J7~ / Original ~Oestroy gRaturn ^CaAytpkkup Oi=posroao- Mr. Thad Oviatt U.S. Outdoor Advertising Company P.O. Hox 6439 Laurel, Mississippi 39441 Mr. Oviatt: This is to confirm Young Electric Sign Company surveyed billhc~ard locations on West 44th Avenue, I-70 and I-76 and 490 Marshall St. The overall height of the billboards are as follows: West 44th Avenue: to the west of public Mini Storage is 53'6" I-70 and I-76: Outdoor System board is 40' 490 Marshall St.: Gannett outdoor is 50' I, Jeffrey R. Berge, being first duly sworn, depose and say ghat I have read the foregoing statement, know the contenC thereof, and believe the same to be true: ~~ e R. Benge SUBSRIBED AMID SWORN TO before me this day of _1992_ My Commission Expires: 1) -- -~3 NO7.'ARY P L- v _ Residing ~ 'J tititltl.l 0053.x, OS:SS z6r LS AON 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-92-19/U.S. OUTDOOR ADVERTISING Action Requested: Billboard height variance. Location of Request: 12351 W. 44th Avenue Name & Address of Applicant(s): U.S. Outdoor Advertising P.O. Box 6439 Laurel, MS 39441 Name & Address of Owner(s): Public Storage Management 600 N. Brand Blvd Suite 300 Glendale, CA 91203 Approximate Area: N/A Present Zoning: Planned Commercial Development Present Land Use: Storage Surrounding Zoning: N:, E:, W: A-1; S: C-1 Surrounding Land Use: N & E: State Highway, W: & S: Commercial ----------------'----- ------------- ----------------------------- 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 F31e & 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-92-19 REQUEST Page 2 The applicant is requesting approval of approximately an eighteen (18') foot variance to the allowed thirty-two (32) foot height allowed for a billboard. The request would allow the existing billboard to remain. SITE The applicant applied for and ultimately received approval of a miscellaneous permit to allow the erection of.a billboard at 12351 W. 44th Avenue. The permit was approved subject to the following conditions: 1. Approval of the permit is subject to approval by the State Highway Department. 2. Approval is also subject to standards setforth under Section 26-412. The permit was approved August 25, 1992.. In late September or early October it was ascertained that the billboard was in fact erected too high - 50 feet. The applicant has now applied for a variance to allow the sign to remain at the existing height. FINDINGS OF FACT 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The property contains a storage business that has been is business for many years. It is reasonable to assume that if the billboard is-permitted, only under the conditions allowed by Section 26-412, the property can and has been yielding a reasonable return in use. 2. Is the plight of the owner due to unique circumstances? As this site is under the same constraints as are all other properties in the B-2 billboard zone, the plight of the owner is not due to unique circumstances. 3. If the variation were granted, would it alter the essential character of the locality? It could alter the essential character of the local neighborhood as there are no other billboards in the immediate vicinity that have a height greater than thirty- two (32') feet. 4. Are. there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-19 Page 3 There are trees .located on adjacent properties that according to the applicant should be considered a hardship. However it is Staff's opinion the applicant should have known the trees would be visually obstructive due to the height limitations and therefore the hardship is self created. 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 city wide in allowing billard heights to be increased due to "visual obstructions". 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? Because a billboard is in the business to make money through advertising, a billboard that can be seen above the rest will make more money. Therefore this request is based exclusively upon a desire to make more money. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has been created by the applicant. 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: BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-19 Page 4 1. The property contains a storage business that has been in business for many years. It is reasonable to assume that if the billboard is permitted, only under the conditions allowed by Section 26-412, the property can yield a reasonable return in used; and 2. As this site is under the same constrains as are all other properties in the B-2 billboard zone, the plight of the owner is not due to unique circumstances; and 3. It could alter the essential character of the local. neighborhood as there are no other billboards in the immediate vicinity that_have a height greater than thirty (32') feet; and 4. Approval could set a precedent for the adjoining commercially zoned properties with or without existing billboards; and 5. Because a billboard is in the business to make money through advertising a billboard that can be seen above the rest will make more money. Therefore this request is based exclusively upon a desire to make more money; and 6. The hardship has been created by the applicant. Therefore, staff would recommend that Case No. WA-92-19 be DENIED. § I9A-I3 Wheat Ridge City Code § 19A-14 tion signs, allowed by this chapter shall be located on the lot for which they advertise. (.07) Attachment to public structures. Attachment of any sign to utility poles or other poles or structures within public rights-of-way is prohibited. (.08) Maximum number permitted per use. No use may utilize more than a total of three signs (arcade signs are not counted toward the maximum, billboards are counted toward maximum) per street frontage, provided that no one use shall exceed a maximum of five signs. (Ord. No. 2I4, art. 7; Ord. No. 1979-366, § 2, II-30-79) Sec. 19A-13. Conformance to building code Allowable stresses, materials and engineering standards- the design of all members shall conform to the requirements of the building code. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the building code, and material construction shall be of the' quality and grade required by the building code. A11 signs and structures shall be designed and constructed to meet building code requirements. (Ord. No. 214, art. 8) Sec. 19A-I4. Prohibited signs. The following signs are prohibited: (.Ol) Signs erected, established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line twenty-five feet from the intersection of such lot lines; except, that a sign within this area not exceeding forty-two inches- in height as measured frnm the centerline 1 v i~n_of the street shat not be considered as an obstruction to vision. n addition, sign projection or overhang across the above area shall be permitted only when the bottom of the sign surface is a minimum of seven feet above ground Ieve1 as measured at the intersection of the centerlines of the streets, (.02) Any sign that is erecte in suc a ocation as to interfere with motor vehicle traffic. (.03) Any sign employing a lighting or control mechanism which causes radio, radar or television interference. Supp. No. 8, 1-80 I82 CITY OF WHEAT RIDGE 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, Colorado 80033 Phone 237-6944 STATEMENT DATE 11-20-92 Oviatt,_ Clark, and Gross 4251 Kipling Street, _ _Wheat Ridge, CO 80033 Copy tape of Wheat Ridge Board of Adjustment Case No. WA-92-19. Copy time: 2 hours @ $10.00 per hr.l $20.I 00 ~2~si6~i ~~ ~~~a i/- ~6-~