HomeMy WebLinkAboutWA-92-24The City of
ADMINISTRATIVE PROCESS APPLICATION
~]Vheat
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant yOUyJG- ~!(9rJ CD Address 3(90 L /-~D~~I~!/~= Phone ~y~~~'37z(~
L Address 333. (,c( /-~t~mPDc-n~~yi/ Phone !~~" 92~~
Owner 5'//1/CG-F?~/2 0/
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Location of request _
Type o£ action requested (check one or more o£ the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions Variance/Waiver
Site development plan approval Floodnplainnspecialhexception
Special use permit
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 ~D C( F:c~'-+-~ ~~ G~`~ 78 ~ b~/= ~l~~Y(
List. all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, .etc.
NAME ADDRESS PHONE
Si~ec~tnlr"~ FJr,~ 333 Uj r</~~(~i~~n/Avc 7C/- `~'~'/ .-
-
I certify-that the information and exhibits herewith submitted are true and
correct_to the best of my knowledge and that 3n 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-o£-attorney from the owner
which approved of this a i n on h_'s half. p
Signature of Applicant _ _ _
-' 19
Subscribed and sworn to me this day of _ __
Notary Public
SEAL
My commission expires
r > ~ n„ .,,...,,; .,+ nr., x'r i_ / ~ Case No.
Date Received f I-!. "1 - y r, n°~°~-N~ ,"~'-~-~ .. _. - . -
P.O. BOX 638 TELEPHONE: 303/237-6944 The City of
7500 WEST 29TH AVENUE .WHEAT RIDGE. COLORADO 80034 wheat
Ridge
January 13, 1993
The Wheat Ridge Department of Community Development has received a request for
approval of a 35 square foot variance to the maximum allowed sign area
at the property described below. Your
response to the following questions and any cormnents on this proposal would be
appreciated by January 22, 1993 No response from you by this date will
constitute no objections or concerns regarding this proposal.
CASE N0: WA-92-24
LOCATION: 10010 W. 27th Avenue
REQUESTED ACTION: Approval of a 35 square foot variance to the maximum allowed
sign area
PURPOSE: To double the allowed sign area
APPROXIMATE AREA: N/A
1. Are public facilities or services provided by your agency adequate to serve this
development?
YES NO If "NO", please explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO If 'NO', please explain below.
4. Can and will your agency service this proposed development subject to your
rules and regulations?
YES NO IF "NO", please explain below.
5. Are there any concerns or problems your agency has identified which would or
should affect approval of this request?
Please reply to: Greg Moberg, Planner
Department of Cortanunity Developmen
Current Planning Division
DISTRIBUTION:
Water District ( )
Sanitation District
Fire District ( )
Adjacent City ( )
Public Service Co.'
Mountain Bell
State Land Use Commission
State Geological Survey
Colo. Division of Highways
American Cable Vision
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Co®issioners
Wheat Ridge Post Office
Wheat Ridge Police Dept.
Wheat Ridge Public. Works e
- eat 5~3 a~ar~cs &~ecreation
.F~.~.QY,m~a._~_-~_____-~v
Wheat Ridge Building Division
sb/C.6.1./Rev. 10/21Y86
,,
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on January 28, 1993, 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-92-20: An application by Teresa L. Shearn for
approval of variances to lot width and area as regulated by
Section 26-15(F) to allow a duplex in a Residential-Two zone
district. Said property is located at 7235 W. 33rd Avenue
and is legally described as follows:
Lot 45, 33rd and Vance Subdivision
County of Jefferson, State of Colorado
2. Case No. WA-92-23: An application by Eugene Lucero for
approval of variances to lot width and area as regulated by
Section 26-15(F) to allow a duplex in a Residential-Two zone
district. Said property is located at 7245 W. 33rd Avenue
and is legally described as follows:
Lot 44, 33rd and Vance Subdivision
County of Jefferson, State of Colorado
3. Case No. WA-92-24: An application by Young Sign. for
approval of a 35 square foot variance to the maximum area
allowed for a free standing sign as regulated by Section 26-
410(e)(5). The property is located at 10010 W. 27th Avenue
and is legally described as follows:
The east 25 feet of the north 150 of Block 5, Paramount
Heights, Part Five according to the recorded plat thereof,
more fully described as follows, to wit:
That part of Block 5, PARAMOUNT HEIGHTS, PART FIVE,
described as follows: Beginning, on the south line of a
parcel of land desoribed in Book 1663 at page 578 of the
Jefferson County records which is the most northeasterly
corner of said Block 5; thence south along an easterly line
of. said Block 5, a distance of 150 feet; thence west
parallel with the southerly line of said Block 5, a distance
of 25 feet; thence north, parallel with said easterly line
of said Block 5, a distance of 150 feet, more or less, to
the southerly line of a parcel_of land described in ,said
Book 1663 at page 578; thence easterly along said southerly
line 25 feet, more or less, to the point of beginning.
4. Case No. WA-92-25: An application by Joseph Echeverria for
approval of a variance to the maximum allowed fence height
as regulated by Section 26-30(I). Said property is located
at 5750. W. 32nd Avenue and is legally described as follows:
Lot 1, Block 6, Olinger Gardens
County of Jefferson, State of Colorado
5. Case No TUP-93-1: An application by Colorado Catholic
Academy for approval of a one week temporary shelter for up
to 1200 persons on property located at 1180 W. 44th Avenue.
Said property is legally described as follows:
Lot 1, PLEASANT OFFICE PARK, County of Jefferson, State of
Colorado and, That part of the Southeast 1/4 of Northwest
1/4 of Section 21, Township 3 South, Range 69 West of the
6th P.M. (sometimes referred to as Lot 4, Pleasant Office
Park) described as follows:
Beginning at the intersection of the West line of said
Southeast 1/4 of the Northwest 1/4 of Section 21 ,- with the
South line of County Road known as North Golden Road (now
44th Avenue); thence East along the South line, 309.6 feet,
more or less, to the West line (extended) of that property
conveyed to George F. Atto in Book 117 at Page 458; thence
South along said West line 563 feet to the Northeast corner
of that Tract described in Book 899 at Page 402; thence West
along the North line of said Tract in Book 899 at Page 402,
a distance of 309.6 feet, more or less to the West line of
said Southeast 1/4 of the Northwest 1/4 of said Section 21;
thence North along said West line 563 feet to the Point of
Beginning, except the North 220 feet thereof. Together with
an easement for ingress and egress over the East 25 feet of
the West 130 feet of said North 220 feet. County of
Jefferson; State of Colorado.
V
Mar o hapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: January 14 1993
Wheat Ridge Sentinel
P.O. BOX 638 TELEPHONE: 303/237-6944 ThB City Of
7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034- Wheat
Ridge
January 13, 1993
This is to inform you that Case No. wA-92-24 which is a
request for approval of a 35 square foot variance to the maximum area
allowed for a free standing sign as regulated by Section 26-410(e)(5).
for property located at 10010 W. 27th Avenue
will be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the
Council Chambers of the. Municipal Complex, 7500 West 29th Avenue
at 7:30 p.m. on January 28, 1993
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'
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT Date Prepared: January 19, 1993
Date of Meeting: January 28, 1993 Case Manager: Greg Moberg
Case No. & Name: WA-92-24/YOUNG SIGN CO.
Action Requested: A thirty-five square foot variance to the
maximum thirty-five square feet of .sign area
allowed for a freestanding sign.
Location of Request: 10010 W. 27th Avenue
Name & Address of Applicant(s)
Name & Address of Owner(s):
--------------------------
Approximate Area: N/A
Present Zoning: Commercial-One
Young Sign Co.
3660 E. 40th Avenue
Denver, CO 80205
Sinclair Oil
333 W. Hampden Avenue
Denver, CO 80227
---------------------
Present' Land Use: Automotive Service Station
Surrounding Zoning: S: &, W: C-1; N: R-1; ~: Jefferson County
Surrounding Land Use: N & E: Park, W: & ~: Commercial
--------------------------------------------------------------
Date Published: January 14, 1993
Date to be Posted: January 14, 1993
Date Legal Notices Sent: January 13, 1993
Agency Check List ( ) Attached
Related Correspondence
ENTER INTO RECORD:
( ) Comprehensive Plan
( ) Attached
(XX) Not Required
(XX) None
(XX) Case-File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) Subdivision Regulations (XX) 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-92-24
REQUEST
Page 2
The applicant is requesting approval of a thirty-five (35) square
foot variance to the maximum area allowed for a freestanding
sign.
SITE
The site is located at_the southwest corner of Kipling Street and
West 27th Avenue, is approximately 27,000 square feet in size and
has two street frontages. As per Section 26-410(e), the use is
allowed two freestanding signs of no more than thirty-five square
feet in size. In addition, Section 26-410(e)(2) states "Where
two (2) freestanding signs are permitted by virtue of multiple
street frontage, the sign area allowed may be transferred from
one (1) sign to another; provided, that such transfer does not
allow the larger sign to exceed one hundred fifty (150) percent
of the maximum area allowed based upon building area."
Therefore, the applicant could have one sign totaling 52.5 square
feet in area by right, and would not need a variance.
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 been used as an automotive service station
for many years and therefore, if permitted to be used only
under the conditions allowed by the regulations for the
district in which it is located, the property can yield a
reasonable return in use; and
2. Is the plight of the owner due to unique circumstances?
As this site is under the same constraints as are all other
commercial properties within the City and because the
applicant has two street frontages and an increase of one
sign is allowed, the plight of the owner is not due to -
unique circumstances; and
3. If the variation were granted, would it alter the essential
character of the locality?
Approval of the variance would probably not alter the.
essential character of the local neighborhood; and
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-92-24
Page 3
There are no particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship; and
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?
Because there are no unique circumstances or hardships, the
conditions upon which the variance is based are applicable
to other properties within the same zoning classification.
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property?
Because the use is in the business to make money, a sign
that can be seen more easily will help the business make
more money. Therefore this request is. based exclusively
upon a desire to make more money; and
7. Has the alleged difficulty or hardship been created b_y any
person presently having an interest in the property?
No hardship has been created by the applicant; and
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; and
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. The property has been used as a automotive service station
for many years and will therefore remain in use if permitted
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-92-24
Page 4
to be used only under the conditions allowed by the
regulations for the district in which it is located; and
2. As this site is under the same constraints as are all other
commercial properties within the City and because the
applicant has two street frontages an increase o£. one sign
is allowed, the plight of the owner is not due to unique
circumstances; and
3. There are no particular physical surroundings, shape or
topographical conditions o£ the property involved that would
result in a particular hardship; and
4. Because there are no unique circumstances or hardships, the
conditions upon which the variance is based are applicable
to other properties within the same zoning classification.
5. Because a use is in the business to make money through
advertising, a sign that can be seen more easily will help
the business make more money. Therefore this request is
based exclusively upon a desire to make more money; and
Therefore, staff would recommend that Case No. WA-92-24 be
DENIED.
0
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SIGN ELEVATION
. All concrete to develop 3000 PSI com-
pressive strength at 28 days.
. All reinforcing bars shall have a minimum
yield strength of 60,000 PSI. Reinforcing
bars shall be placed in accordance with the
latest version of the ACI 31 S code.
. All pipe shall meet the structural require-
ments of ASTM A-53 Grade B.
All steel tube shall be ASTM A-500 Grade
B.
All other steel structural shapes and plate
shall be ASTM A-36.
If ASTM A-194 bolts are required, use
heavy hex nuts.
D. Sign
iee Dwg. No. Std. Signs 200k
gas Price Sign
ee Dwg. No. Std. Signs 200k
Pipe Support
See Support Pole Elevation
Foundation
See Foundation Elevation
Sign Weight (Ibs.) 300/300
Support Weight(Ibs.) 1200
Wind Load (PSF) 30
Amps 8.6
Volts 120
Circuit(s) 1-20 Amp
Area (Sq. Ft.) 70
Concrete Vol. (Cu. Yds.) 2.2
SUPPORT F
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--•--• -•--•--•-- W 26TH AVE -•--•--•
W 30TH AVE
CITY-OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 28, 1993 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member ROSSILLON, seconded by Board
Member JUNKER, that the agenda be approved as printed.
Motion carried.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC HEARING
A. Case No. WA-92-24: An application by Young Sign for
approval of a 35 square font variance to the maximum area
allowed for a free standing sign as regulated by Section 26-
410(e)(5). The property is located at 10010 West 27th
Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, .which Chairman HOWARD
accepted.
Board Member ABBOTT-asked staff if the applicant was asking
for a 70 square foot sign, and Mr. Moberg answered yes. Mr.
Moberg continued saying currently the way the code is
written a free-standing sign is based on the footprint of
the building and not the lot area. For the first 1500
square feet of building, 35 square feet of signage is
allowed for a single use property. In this case there are
two street frontages which allows them two free-standing
signs, one on Kipling Street and one on West 27th Avenue.
Board Member ABBOTT questioned the applicant wants a 70
square foot sign but staff is saying it can be no larger
than 52.5 by right, and Mr. Moberg replied yes. Mr. Moberg
added this would be taking everything down and re-building
entirely-; putting brand new signs up.
Board Member ABBOTT asked what would the applicant be
replacing the sign on-27th Avenue with, and Mr. Moberg
answered he does not know, however if the applicant uses all
of the 52.5 square feet allowed on the Kipling sign, there
would be nothing left for 27th Avenue.
Hoard Member BERNHART asked then if the applicant is asking
for a 17.5' variance to tear this down and put up one 70
square foot sign, or are they proposing to leave this 35
square foot sign up and put up an additional- 70 square foot
sign, and Mr. Moberg answered they are proposing a brand new
70 square foot sign. They have not proposed to-put up
anything on 27th Avenue and have only applied for the one
sign.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 28, 1993 Page 3
Board Member RO5SILLON asked if the 35 square feet is based
on the size of the building, and Mr. Moberg answered yes,
every business in this city is allowed a minimum of 35
square feet of signage for the first 1500 square feet of
building area. If a business does not have the 1500 square
feet of area, they get that much regardless.
Board Member ROSSILLON asked then the only way the applicant
could do this without a variance is too have a bigger
building, and Mr. Moberg replied yes.
The applicant,-Jeff Benge, 6730 South Ontario Circle,
Littleton, CO, was sworn in. Mr. Benge said this gas
station has been there a long time and the intent is to
upgrade the signage. They have no wish to have a sign on
the West 27th Avenue as the station is right across from the
park and goes into a residential area, so it would be of no
use at all.
Mr. Benge said the reason they are stuck with this size is
because Sinclair has many different sized mass produced
signs, but this is the smallest version available. The
whole station will be upgraded and we felt the requested
sign is a reasonable request as it is somewhat smaller than
the existing-one. The existing sign is 26 feet in height and
the new one will be two feet lower. The existing sign is a
total of 90 square feet and the proposed sign will reduce
that by 20 square feet. Our request to upgrade the signage
by taking the old sign down and gutting the new one up.
Board Member ABBOTT asked what the height of the old
Sinclair sign is, and Mr. Benge said the top is 26 feet.
Board Member ABBOTT asked what height would the new sign be
and Mr. Benge replied 24 feet. Board Member ABBOTT .asked if
Sinclair would consider lowering the sign at all, and Mr.
Benge answered if that were part of the condition, Sinclair
would consider doing that.
Board Member ABBOTT questioned how much room was at the
bottom of the sign, and Mr. Benge said it will be 14 feet to
the bottom. Board Member ABBOTT felt the sign could be
lowered and still maintain a safe sight triangle and Mr.
Benge repeated they would be willing to lower the sign.
Board Member ABBOTT asked staff what is the minimum the sign
could be lowered before it starts to impact the visibility
of the sight triangle, and Mr. Moberg replied 7 feet is the
minimum height allowed between the bottom of the sign and
grade, and the more it is lowered the more obtrusive the
sign becomes.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 28, 1993 Page 4
Motion wa's made by Board Member ABBOTT, seconded by Board
Member DOOLEY, that Case No. WA-92-24, an application by
Young Sign Company, be APPROVED for the following reasons:
1. This variance indicated by the drawing is a 33~ increase
over signage by right.
2. The sign requested for Kipling Street is the smallest
stock sign that Sinclair carries in its inventory.
3. The top of the new sign will be eight feet lower than the
existing sign.
4. There will now be only one sign when two signs are
allowed by right.
WITH THE FOLLOWING CONDITIONS:
1. The entire sign will be lowered 6 feet to provide an 8
foot underneath clearance with a maximum height of 18
feet.
2. Only one sign will be allowed on this property.
Board Member BERNHART expressed his concerns regarding the
downhill grade which is most pronounced at that corner, and
believes it might be harder for people coming off of West
27th seeing the bottom of that sign, and'Board Member ABBOTT
said he did push it up one foot with intent to get the top
of the sign as low as possible; but perhaps the City could
handle if the line of sight would be impacted.
Greg Moberg stated the grade does come down, however it
pretty well matches Kipling Street and he feels-that will
not be a problem. Mr. Moberg asked if part of the condition.
allows only one sign for that property now, and Board Member
ABBOTT replied yes. Mr. Moberg said the grade does go up
when traveling west on 27th Avenue, but is pretty much at
grade when arriving at Kipling Street.
Board Member ROSSILLON added a friendly amendment that one
of the conditions be:
1. There will only be one sign on the property.
Board Member ABBOTT accepted the amendment. Motion was
carried 8-0. Resolution attached.
B. Case No. WA-92-25 :' An application by Joseph Echeverria for
approval of a variance to the maximum allowed fence height
as regulated by Section 26-30(I). Said property is located
at 5750 West 32nd Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted. Mr. Moberg added a letter had been received and
noted that all members have a copy in front of them.
.- .
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 28th day of January 1992.
CASE NO: WA-9.2-24
APPLICANT'S NAME: Young Sign Company
LOCATION: 10010 West 27th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
DOOLEX the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-92-24
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- 2-24 be and hereby is APPROVED..
TYPE OF VARIANCE: 35 square foot variance to the maximum area
PURPOSE: For a free standing sign
FOR THE FOLLOWING REASONS:
1. This variance indicated by the drawing is a 33$ increase
over-signage by right.
2. The sign requested for Kipling Street is the smallest stock
sign that Sinclair carries in its inventory.
3. The top of the new sign will be eight feet lower than the
existing sign.
4. There will now be only one sign when two signs are allowed
by right.
WITH THE FOLLOWING CONDITIONS:
1. The entire sign will be lowered 6 feet to provide an 8 foot
underneath clearance with a maximum height of 18 .feet.
2. Only one sign will be allowed on this property.
VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker,
Reynolds and Rossillon
NO: None
DISPOSITION: Variance granted by a vote of 8-0.
DATED this 28th day of-January, 1993.
ROBERT HOWARD, Chairman Mars, o Chapla, Secretary
Board of Adjustment Board o Adjustment