HomeMy WebLinkAboutWA-07-07
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/235-2846
FAX 303/235-2857
The City of
Wheat
Ridge
August 6, 2007
Steve Combs
Quail Creek Investors
2000 S. Colo. Blvd., #405
Denver, CO 80222
Dear Mr. Combs:
RE: Case No. WA-07-07
Please be advised that at its meeting of July 26, 2007, the Board of Adjustment APPROVED your
request for a variance to allow a sign on an elevation not adj acent to the street on property zoned
Commercial-One and located at 4975 Kipling Street for the following reasons:
1. The building is adjacent to a major arterial, Kipling Street, which carries a large volume of
traffic at high speeds. Limiting signage to the eastern elevation, which is parallel to the street,
would be detrimental to the businesses located at the southern end ofthe building.
2. The variance will not alter the character of the locality. This area is highly commercial and
wall signage is an integral component of the viability of commercial businesses.
3. The application is in substantial compliance with applicable standards set forth in the
Architectural and Site Design Manual although wall signage is not discussed at length in the
Manual.
With the following conditions:
1. The signage on the southern elevation shall not exceed the amount as allowed by Chapter 26,
Article VII of the Code of Laws.
2. Only one monument sign shall be allowed for the property. The right to install the second
allowable 103 square foot freestanding sign is voided by this decision.
The Board of Adjustment also APPROVED your request for a variance to increase allowable wall
signage to 160 square feet on the eastern elevation on property zoned Commercial-One and located at
4975 Kipling Street for the following reasons:
1. The increase in wall signage on the eastern elevation will be offset by the decrease in wall
signage on the northern elevation and the installation of only one freestanding sign.
2. The applicant will be installing less total signage on the property than what is allowed by the
Sign Code. The applicant is proposing to re-allocate signage in areas on the property where it
will be the most desirable and effective for the tenants.
Steve Combs
Page 2 .
August 6, 2007
With the following conditions:
1. The wall signage on the northern elevation shall be limited to a maximum of 40 square feet.
2. Wall signage on the eastern elevation shall not exceed 160 square feet.
3. Only one monument sign shall be allowed for the property.
And finally, the Board of Adjustment APPROVED your request for a variance to maximum wall
height, resulting in a lO-foot tall wall on property zoned Commercial-One and located at 4975
Kipling Street for the following reasons:
I. The wall will hide unattractive mechanical equipment, which if left unscreened, would detract
from the building architecture.
2. The wall will be architecturally compatible with the building.
3. Granting of the variance will allow the freestanding wall to conform with the spirit of the
freestanding wall requirement to screen utilities on commercial buildings from view.
4. Due to orientation on site, the Kipling side is actually the rear ofthe building.
With the following condition:
1. The wall will be structurally sound and architecturally compatible with the building as
described by the applicant.
Enclosed is a copy of the Certificates of Resolution, as well as a draft copy of the minutes, stating the
Board's decision which became effective the date ofthe meeting, July 26,2007. This variance shall
automatically expire within one hundred eighty (180) days of the date it was granted, January 22,
2008, unless a building permit has been obtained.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
~ ~
~dt~
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: WA-07-07 (case file)
Building File
\\srv..ci-eng-OOl \users\kfield\Kathy\BOA\CORRESP\2007\wa0707approvaLwpd
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
July 26, 2007
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BLAIR at 7:00 p.m.
2. ROLL CALL
Board Members Present:
Tom Abbott
Bob Blair
Alan Bucknam
Bob Howard
Betty Jo P
Board Members Absent:
Staff Members Present:
3.
speak on any subject not
4.
An application filed by Quail Creek Investors for
) a v iance to allow a sign on an elevation not adjacent to
variance to increase allowable wall signage to 160 square
tern elevation; and (C) a variance to maximum wall height,
a 10- foot tall wall on property zoned Commercial-One and
t 4975 Kipling Street.
The case was presented by Travis Crane. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. Staff recommended approval
for reasons, and with conditions, as outlined in the staff report.
Steve Combs
Quail Creek Investors
4975 Kipling Street
BOA Minutes
-1-
July 26, 2007
"
Mr. Combs is one of three partners involved in the subject development. He was
sworn in by Chair BLAIR. He thanked Travis Crane for a thorough and
professional presentation and offered to answer any further questions from the
Board. Regarding questions about the eastern wall, he stated that a six -foot wall
as required by Code would cost less to build, however a ten-foot wall would
present a better visual image from Kipling. There would be an approximate eight-
foot space between the building and the wall. The approximate length of the wall
would be forty feet.
There was discussion as to whether or not the wal
enclosed on each end or enclosed on one end.
was enclosed on both ends, it would then be
not require a variance.
ave gates on each end,
that if the wall
ing and would
Board Member PAGE expressed concern that the screenin
would provide a hiding place for people with ill intentio
losing only one end of the wall. Mr.
still provide a hiding place and would
ard ember ABBOTT and second by Board Member
owing resolution was stated:
Icant was denied permission by an administrative officer;
Whereas, Board of Adjustment Application Case No. W A-07-07(A) is an
appeal to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there WERE NO protests registered against it; and
BOA Minutes
-2 -
July 26, 2007
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. W A-07-07(A) be, and hereby is, APPROVED.
For the following reasons:
1.
The building is adjacent to a major arterial, KiWing Street, which
carries a large volume of traffic at high spee ,;ff'El~iting signage to
the eastern elevation, which is parallel to th eet, would be
detrimental to the businesses located at ern end of the
building. .'.
The variance will not alter the challalifl\r (jf the 10
d:":)"'~ ~~
highly commercial and wall sig ~" is an integral co
viability of commercial busi
The application is in substan Ja
set forth in the Architectural and
sign age is not discus at length in t
2.
3.
li~J~fe~ith applic standards
","^"^~ ~,.. '
. /7' nManual although wall
nual.
With the following conditions.
1.
. fnot exceed the amount as
e VII of t Code of Laws.
be allowed for the property. The right
square foot freestanding sign is
2.
Members BELL, HOVLAND and
ard Member PAGE and second by Board Member
ing resolution was stated:
cant was denied permission by an administrative officer;
Whereas, Board of Adjustment Application Case No. W A-07-07(B) is an
appeal to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there WERE NO protests registered against it; and
BOA Minutes
-3-
July 26, 2007
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. W A-07-07(B) be, and hereby is, APPROVED.
For the following reasons:
1. The increase in wall signage on the eastern elevl.!!ion will be offset by
the decrease in wall signage on the northern ":F"1It1Qn and the
installation of only one freestanding sign.
2. The applicant will be installing less tot n the property than
what is allowed by the Sign Code. Tbe plica -
allocate signage in areas on the prJlP~~~~here it
desirable and effective for the t 1lInts.
With the following conditions:
1.
2.
ceed 160 square feet.
."dment to add a third
lall be allowedfor the
'th Board Member HOWARD voting no and Board
nd LINKER absent.
ard ember BUCKNAM and second by Board
ollowing resolution was stated:
cant was denied permission by an administrative officer;
Whereas, Board of Adjustment Application Case No. W A-07-07(C) is an
appeal to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there WERE NO protests registered against it; and
BOA Minutes
-4-
July 26, 2007
Whereas, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the iutent and purpose of
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case
No. W A-07-07(C) be, and hereby is, APPROVED.
For the following reasons:
1. The wall will hide unattractive mechanical equip..Q1ent, which if left
unscreened, would detract from the building ~li'tl\cture.
2. The wall will be architecturally compatibl the building.
3. Granting of the variance will allow the !r!&, 'ng wall to conform
with the spirit of the freestanding wa 1"'4'" to screen utilities
on commercial buildings from.vie
Board Member ABBOTT offered a
ainst the motion because the
=c .~
'r;f;"..w.",W
ard l\!~ber HOWARD voting no and Board
:cINKER absent.
ant that his requests for variance were approved.
city for its excellence and professionalism in
5.
Chair BLAIR closed the public hearing.
6. OLD BUSINESS
There was no old business to come before the Board.
7. NEW BUSINESS
A. Approval of Minutes - June 28, 2007
BOA Minutes
- 5-
July 26, 2007
CERTIFICATE OF RESOLUTION
t(Q)f1(
I, Ann Lazzeri, 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 26th day of Julv, 2007.
CASE NO: W A-07-07(C)
APPLICANT'S NAME: Quail Creek Investors
LOCATION: 4975 Kipling Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-07-07(C) is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law, and in recognition
that 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.
W A-07-07(C) be, and hereby is, APPROVED.
TYPE OF VARIANCE: A variance to maximum wall height, resulting in a 10-foot tall wall on
property zoned Commercial One.
FOR THE FOLLOWING REASONS:
1. The wall will hide unattractive mechanical equipment, which ifleft unscreened, would
detract from the building architecture.
2. The wall will be architecturally compatible with the building.
3. Granting of the variance will allow the freestanding wall to conform with the spirit of the
freestanding wall requirement to screen utilities on commercial buildings from view.
WITH THE FOLLOWING CONDITIONS:
1. The wall will be structurally sound and architecturally compatible with the building as
described by the applicant.
Resolution W A-07-07(C)
Page two (2)
VOTE:
YES:
NO:
ABSENT:
ABBOTT, BLAIR, BUCKNAM, PAGE
HOWARD
BELL, HOVLAND, LINKER
DISPOSITION: A variance to maximum wall height, resulting in a lO-foot tall wall on
property zoned Commercial One was APPROVED.
ADOPTED and made effective this 26th day of July. 2007.
~
Board of Adjustment
~~ri,6r?~
Board of Adjustment
CERTIFICATE OF RESOLUTION
(Ccor1f
I, Ann Lazzeri, 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 26th day of Julv. 2007.
CASE NO: W A-07-07(B)
APPLICANT'S NAME: Quail Creek Investors
LOCATION: 4975 Kipling Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-07-07(B) is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law, and in recognition
that 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.
W A-07-07(B) be, and hereby is, APPROVED.
TYPE OF VARIANCE: A variance to increase allowable wall signage to 160 square feet on
the eastern elevation.
FOR THE FOLLOWING REASONS:
1. The increase in wall signage on the eastern elevation will be offset by the decrease in wall
signage on the northern elevation and the installation of only one freestanding sign.
2. The applicant will be installing less total signage on the property than what is allowed by the
Sign Code. The applicant is proposing to re-allocate signage in areas on the property where
it will be the most desirable and effective for the tenants.
WITH THE FOLLOWING CONDITIONS:
1. The wall signage on the northern elevation shall be limited to a maximum of 40 square feet.
2. Wall signage on the eastern elevation shall not exceed 160 square feet.
3. Only one monument sign shall be allowed for the property.
Resolution WA-07-07(B)
Page two (2)
VOTE:
YES:
NO:
ABSENT:
ABBOTT, BLAIR, BUCKNAM, PAGE
HOWARD
BELL, HOVLAND, LINKER
DISPOSITION: A variance to increase allowable wall signage to 160 square feet on the eastern
elevation was APPROVED.
ADOPTED and made effective this 26th day of July. 2007.
~
Robert Blair, Chair
Board of Adjustment
Ann~~,6~~
Board of Adjustment
CCCOfY
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, 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 26th day of Julv, 2007.
CASE NO: WA-07-07(A)
APPLICANT'S NAME: Quail Creek Investo~s
LOCATION: 4975 Kipling Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-07-07(A) is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law, and in recognition
that 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.
W A-07-07(A) be, and hereby is, APPROVED.
TYPE OF VARIANCE: A variance to allow a sign on an elevation not adjacent to the street.
FOR THE FOLLOWING REASONS:
1. The building is adjacent to a major arterial, Kipling Street, which carries a large volume of
traffic at high speeds. Limiting signage to the eastern elevation, which is parallel to the
street, would be detrimental to the businesses located at the southern end ofthe building.
2. The variance will not alter the character of thelocality. This area is highly commercial and
wall signage is an integral component of the viability of commercial businesses.
3. The application is in substantial compliance with applicable standards set forth in the
Architectural and Site Design Manual although wall signage is not discussed at length in the
Manual.
Resolution W A-07-07(A)
Page two (2)
WITH THE FOLLOWING CONDITIONS:
1. The signage on the southern elevation shall not exceed the amount as allowed by Chapter 26,
Article VII of the Code of Laws.
2. Only one monument sign shall be allowed for the property. The right to install the second
allowable 103 square foot freestanding sign is voided by this decision.
VOTE:
YES:
NO:
ABSENT:
ABBOTT, BLAIR, BUCKNAM, HOWARD, PAGE
None
BELL, HOVLAND, LINKER
DISPOSITION: A variance to allow a sign on an elevation not adjacent to the street was
APPROVED.
ADOPTED and made effective this 26th day of Julv. 2007.
~erA~
Robert Blair, Chair
Board of Adjustment
~~'
Ann Lazzeri, Secre ~
Board of Adjustment
~~~
4975 Kiplin9 Street
Request for variance:
. to allow signage on elevation not adjacent to street;
. increase allowable wall signage; and
. to increase allowable wall height
Board of Adjustment
ThurWay, July 26,2007
Reouest
Applicant is requesting three variances:
. Request to allow wall signage on an elevation not
adjacent to street;
. Request to allow additional wall signage on eastern
elevation; and
. Request to allow a taller wall
1
Historv
Property received a special use permit for drive through in Feb. 2007
Also received a front yard setback variance
. building allowed 20 feet from Kipling St. (eastern/front property
line)
Building Permit issued for new retail building
Site is currently under construction
2
Site Plan
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I. 'V~~iF '1 I. I
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Reouests "A" and "B" - Addition;)1 !';ion;)op.
Signage on eastern elevation would be increased
from 100 to 160 sJ.
. Code allows a 1:1 ratio for wall signage
Signage would be allowed on southern elevation
. Code states that wall signage allowed on
elevations adjacent to street or major interior
drive
Red - additional
signage on E elevation
Blue - signage on wall
not adjacent to street
Yellow - 10' tall wall
'''''
.,
Allowed Provided
Wan
265 340
fS
'"
Total 471 443
SionaaeAlInr.ation
U.....:..103@(1
'"
~
65/40
0/40
3
Reauest"C" Screen Wall
Wall is located adjacent to Kipling St.
6-foot wall is allowed
Wall would be used to screen mechanical equipment
Wall would be architecturally compatible with building
Conclusions
Each request will require a separate motion
Staff is recommending approvai of all requestS, with conditions
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4
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO:
Board of Adjustment
CASE MANAGER: Travis Crane
CASE NO. & NAME: W A-07-07/Quail Creek Investors DATE OF MEETING: July 26,2007
ACTION REQUESTED:
Request for a variance to allow signage on an elevation not adjacent to a
public street; and a variance to allow an increase to the allowable wall
signage for the eastern elevation; and a variance to increase the allowable
wall height for property located at 4975 Kipling Street and zoned
Commercial One (C-1).
LOCATION OF REQUEST: 4975 Kipling Street
APPLICANT (S):
OWNER (S):
Quail Creek Investors
Same
APPROXIMATE AREA:
33,545 sq. ft. (0.77 acres)
PRESENT ZONING:
Commercial One (C-1)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
Location Map
Subject Parcel
Jurisdiction
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
The property in question is located at 4975 Kipling Street. The applicant is requesting three separate
variances: a variance to allow signage on an elevation not adjacent to a public street; and a variance to
allow an increase to the allowable wall signage for the eastern elevation; and a variance to increase the
allowable wall height (Exhibit 1, Request). Each request will be analyzed separately, and separate
motions are required. A special use permit to allow a drive through and a front (east) yard setback
variance was granted by City Council in February of this year. The property is zoned Commercial One
(C-l).
II. CASE ANALYSIS
The property is 33,545 square feet in size (approximately 0.77 acres), and is in the process of being
redeveloped with a multi-tenant building approximately 6,500 square feet in size. The property has
frontage on two public streets: Kipling Street to the east and West 50th Avenue to the north. Additionally,
a major interior drive which serves the new adjacent commercial development is located to the west of the
subject property. A site plan and building elevations plan have been submitted for review (Exhibit 2, Site
Plan).
Wall signage is allowed on the northern, eastern and western elevation as these elevations are adjacent to
a public street or major interior drive. The allowance for signage on the southem elevation would produce
the ability for signage on all elevations. In addition to wall signage, the property is allowed two
freestanding signs. The Code allows one freestanding sign per street frontage. This property has frontage
on two streets. The total allowance for signage on the property (wall and freestanding) is 471 square feet.
This encompasses the northern, eastern and western elevations, and two freestanding signs.
The applicant wishes to install approximately 460 square feet of signage on the property. The applicant
has indicated that if the additional wall signage is allowed, only one freestanding sign will be installed.
The Code does not specify the ability to transfer wall signage from one elevation to another, or from a
freestanding wall to wall signage. Essentially, the applicant wishes to re-allocate signage onsite to suit the
retailer's advertising needs.
A variance was granted in 2006 for the property to the west which allowed an additional freestanding
sign.
Request A: Variance to allow wall sil!nal!e on an elevation not adiacent to a DubUc street or maior
interior drive.
The applicant wishes to install signage on the southern elevation; an elevation which does not have
frontage on a public street or major interior drive. Section 26-709 of the Code of Laws states that wall
signage may be installed on any building elevation which is adjacent to a public street or major interior
drive. The southern elevation is not adjacent to a public street or major interior drive. The applicant
wishes to install wall signage on the southern elevation. The Code allows one square foot of signage to be
installed for each one linear foot of wall that the sign is attached to. The southern elevation wall is
approximately 65 feet long.
Request B: Variance to increase allowable wall sil!nal!e on the eastern elevation.
The applicant wishes to install 160 square feet of signage on the eastern elevation. The eastern elevation
is 100 feet long. The Code allows a maximum of 100 feet of wall signage on the eastern elevation, based
Board of Adjustment
WA-07-07/Quail Creek
.2
upon wall length. The applicant will not be maximizing the allowed sign square footage on the northern
elevation, and only one freestanding sign will be installed.
Request C: Variauce to iucrease the allowable heil!ht ofa screen wall.
The applicant is requesting a variance to increase the height of a screen wall which would be located
adjacent to the eastern elevation. The wall would screen mechanical equipment from Kipling Street. The
maximum height for a screen wall is six feet. The applicant wishes to install a ten foot tall wall. The wall
would be installed between the eastern building elevation and the drive through lane.
The applicant received approval of a front yard setback variance from City Council in February. This
variance establishes the front yard setback at 20.6 feet from the eastern property line. Typically, a 50 foot
front yard setback is required in the C-l zone district. The Code allows a six-foot wall in areas behind the
front yard setback line. The wall would be located behind the front setback area.
The wall will be architecturally compatible with the building, and will be used to screen mechanical
equipment. While the wall exceeds the allowable maximum height, the benefit is derived from the
absence of any visual impact of unsightly mechanical equipment along Kipling Street. The wall will
contain architectural features which make it interesting. These features will help to break up the plane of
the wall.
IV. VARIANCE CRITERIA
Each request must be discussed separately, complete with separate motions. Staff has the following comments
regarding the criteria used to evaluate a variance request:
Request A: Allowance of Wall Signage on the Southern Elevation
1. The property in question would not yield a reasonable return in use, service or
income if permitted to be used only under the conditions allowed by regulation for
the district in which it is located.
If the request is denied, the property may still receive a reasonable return in use. Wall signage is
allowed on three building elevations, in addition to two free standing signs. The presence of wall
signage on the southern elevation will make the business more visible to northbound traffic on
Kipling Street.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be altered. The
area is highly commercial in nature, and the addition of signage on the southern elevation would
not seem out of character in this area. A variance was granted for the property to the west to allow
additional signage.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. The applicant has demolished
an abandoned bank building and is in the process of constructing a new 6,500 square foot retail
building. It should be noted that the investment can occur without the benefit of this variance
request.
Board of Adjustment
WA-07-07/Quail Creek
3
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon the
owner) as distinguished from a mere inconvenience if the strict letter of the
regulations were carried out.
The lot is relatively flat, but does have a unique shape. The shape of the property does not have
any bearing on this variance request.
5. The alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
While it could be argued that a person who has interest in the property has caused the hardship,
the building configuration contributes to the hardship. The Zoning Code only allows wall signage
on elevations which are adjacent to public right-of-way or a major interior drive. The building is a
multi-tenant structure, oriented north and south. The southern most tenant is allowed signage on
the eastern elevation, parallel to Kipling Street. Signage parallel to a major arterial where traffic
volumes and speeds are higher is difficult to see. Signage on the southern elevation would be
more visible to motorists on Kipling Street. The applicant wishes to have additional signage on
the southern elevation, so the business can become more visible to northbound traffic on Kipling
Street.
6. The granting of the variance would not be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located, by, among other things, substantially or permanently impairing
the appropriate use or development of adjacent property, impairing the adequate
supply of light and air to adjacent property, substantially increasing the congestion
in public streets or iucreasing the danger of fire or endangering the public safety, or
substantially diminishing or impairing property values within the neighborhood.
The request would not be detrimental to the public welfare nor would it impair development of
adjacent properties. The adequate supply of light and air would not be compromised as a result of
the request. The request would not increase congestion in the streets, nor increase the danger of
fire. The request would most likely not have an effect on property values in the neighborhood.
7. The unusual circumstances or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property.
Visibility of signage is paramount for all commercial businesses. Businesses along major
corridors struggle to attract customers without adequate signage. The orientation of the building
in combination with the rules and regulations in the Code of Laws make it difficult for the
southern most tenants to capture northbound traffic on Kipling Street. This property is somewhat
different than surrounding properties, due to the decreased building setback.
8. Granting of the variance would result in a reasonable accommodation of a person
with disabilities.
The request would not result in a reasonable accommodation of a person with disabilities.
9. The application is in substantial compliance with the applicable standards set forth
in the Architectural and Site Design Manual.
Wall signage is not discussed at length in the Architectural and Site Design Manual.
Board of Adjustment
W A-07-07/Quail Creek
-4
Request B: Increase to Eastern Wall Sign SQuare Footage
1. The property in question would not yield a reasonable return in use, service or
income if permitted to be used only under the conditions allowed by regulation for
the district in which it is located.
If the request is denied, the property may still receive a reasonable return in use. Wall signage is
allowed on three building elevations, in addition to two free standing signs. Additionally, the
eastern elevation is allowed a maximum of 100 square feet of sign area without the variance.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be altered. The
increase to the size of allowable signage on the eastern elevation will most likely not be
noticeable. The area is highly commercial in nature, and the additional wall signage on the
eastern elevation would not seem out of character in this area. A variance was granted to allow
additional signage on the property to the west.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. The applicants have
demolished an abandoned bank building and are in the process of constructing a new 6,500
square foot retail building. It should be noted that the variance does not necessitate the investment
in the property, and the investment can occur without the benefit of this variance request.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon the
owner) as distinguished from a mere inconvenience if the strict letter of the
regulations were carried out.
The lot is relatively flat, but does have a unique shape. The shape of the property does not have
any bearing on this variance request.
5. The alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
A person who has interest in the property has caused the hardship. The applicant simply wishes to
have additional signage on the eastern elevation. The eastern elevation is allowed 100 square feet
of wall signage; split between 4 tenants.
6. The granting of the variance would not be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located, by, among other things, substantially or permanently impairing
the appropriate use or development of adjacent property, impairing the adequate
supply of light and air to adjacent property, substantially increasing the congestion
in public streets or increasing the danger of fire or endangering the public safety, or
substantially diminishing or impairing property values within the neighborhood.
The request would not be detrimental to the public welfare. The adequate supply of light and air
would not be compromised as a: result of the request. The request would not increase congestion
in the streets, nor increase the danger of fire. The request would most likely not have an effect on
property values in the neighborhood.
7. The unusual circumstances or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property.
It is difficult to ascertain if the surrounding businesses comply with the current Sign Code. It
should be noted that as recently as 2001, wall signage was allowed at a 2:1 ratio; double what is
allowed now. It could be argued that the surrounding historic businesses have taken advantage of
a previous Code which allowed more wall signage. It could be further argued that the increase of
wall signage on the eastern elevation would not be a unique situation in the area.
8. Granting of the variance would result in a reasonable accommodation of a person
with disabilities.
Wall signage is not discussed at length in the Architectural and Site Design Manual.
The request would not result a benefit or contribution to the neighborhood, only the property
owner. The request would not result in a reasonable accommodation of a person with disabilities.
9. The application is in substantial compliance with the applicable standards set forth
in the Architectural and Site Design Manual.
ReQuest C: Variance to Increase Maximum Wall Height
1. The property in question would not yield a reasonable return in use, service or
income if permitted to be used only under the conditions allowed by regulation for
the district in which it is located.
If the request is denied, the property may still receive a reasonable return in use. The commercial
business does not depend on the installation of a taller wall; however the taller wall will make the
property more attractive by hiding unsightly mechanical equipment.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be altered. The
taller screen wall will blend architecturally with the building, and the height should not be a focal
point. It would be a detriment to the area if the wall was not allowed and the mechanical
equipment was unscreened.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. The applicants have
demolished an abandoned bank building and are in the process of constructing a new 6,500
square foot retail building. It should be noted that the variance does not necessitate the investment
in the property, and the investment can occur without the benefit of this variance request.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon the
owner) as distinguished from a mere inconvenience if the strict letter of the
regulations were. carried out.
Board of Adjustment
WA-07-07/Quail Creek
6
The lot is relatively flat, but does have a unique shape. The shape of the property does not have
any bearing on this variance request.
5. The alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
A person who has interest in the property has caused the hardship. The applicant simply wishes to
construct a taller wall to screen mechanical equipment. Aesthetically, the taller screen wall is a
benefit to the property.
7. The granting of the variance would not be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located, by, among other things, substantially or permanently impairing
the appropriate use or development of adjacent property, impairing the adequate
supply of light and air to adjacent property, substantially increasing the congestiou
in public streets or increasing the danger of fire or endangering the public safety, or
substantially diminishing or impairing property values within the neighborhood.
The request would not be detrimental to the public welfare. The adequate supply of light and air
would not be compromised as a result of the request. The request would not increase congestion
in the streets, nor increase the danger of fire. The request would most likely not have an effect on
property values in the neighborhood.
7. The unusual circumstances or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property.
This would be a unique situation in the area. The applicant is cognizant ofthe visual effects of
mechanical equipment adjacent to the roadway. The current Architectural and Site Design
Manual does require screening of all mechanical equipment from the public roadway. Many
surrounding buildings have rooftop mechanical equipment. The applicant has proposed the
mechanical equipment on the ground.
8. Granting of the variance would result in a reasonable accommodation of a person
with disabilities.
The request would not result in a reasonable accommodation of a person with disabilities.
9. The application is in substantial compliance with the applicable standards set forth
in the Architectural and Site Design Manual.
The screen wall would be architecturally compatible with the building, and will blend into the
eastern elevation. The wall will not detract from the building architecture.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the variance requests should not have a negative effect on surrounding properties.
Therefore, staff recommends APPROVAL of Case No. W A-07-07 (A), (B) and (C). A separate motion is
required for each request, and the requests can be approved or denied independent of each other.
Board of Adjustment
WA-07-07/Quail Creek
7
Request A: Request for Wall Si!!na!!e on an Elevation not Adiacent to a Pnblic Street or Maior
Interior Drive
Staff concludes that the criteria are supportive of the variance request; therefore staff recommends approval
of Case No. WA-07-07 (A), a request for approval ofa variance to allow wall signage on an elevation not
adjacent to a public street or major interior drive for property located at 4975 Kipling Street, for the
following reasons:
1. The building is adjacent to a major arterial which carries a large volume of traffic at high speeds.
Limiting signage to the eastern elevation, which is parallel to the street, would be detrimental to the
business located at the southern end of the building.
2. The variance will not alter the character of the locality. This area is highly commercial, and wall
signage is an integral component of the viability of commercial businesses.
With the following conditions:
1. The signage on the southern elevation shall not exceed the amount as allowed by Chapter 26 Article
VII of the Code of Laws.
2. Only one monument sign shall be allowed for the property."
Request B: Request to Increase the Allowable Wall Si!!na!!e on the Eastern Elevation
Staff concludes that the criteria are supportive of the variance request; therefore staff recommends approval
of Case No. W A-07 -07 (B), a request for approval of a variance to allow an increase to allowable wall
signage on the eastern elevation for property located at 4975 Kipling Street, for the following reasons:
1. The increase in wall signage on the eastern elevation will be offset by the decrease in wall signage
on the northern elevation, and the installation of only one freestanding sign.
2. The applicant will be installing less total signage on the property than what is allowed by the Sign
Code. The applicant is proposing to re-allocate signage in areas on the property where it will be the
most desirable and effective for the tenants.
With the following condition:
1. The wall signage on the northern elevation shall be limited to a maximum of 40 square feet.
2. Wall signage on the eastern elevation shall not exceed 160 square feet."
Request C: Request to Increase the Allowable Wall Hei!!ht
Staff concludes that tlie criteria are supportive of the variance request; therefore staff recommends approval
of Case No. WA-07-07 (C), a request for approval ofa variance to allow an increase to allowable wall
height for property located at 4975 Kipling Street, for the following reasons:
1. The wall will hide unattractive mechanical equipment, which ifleft unscreened, would detract from
the building architecture.
2. The wall will be architecturally compatible with the building.
Board of Adjustment
WA-07-07/Quail Creek
8
Architecture
Interior Design
Planning
Construction
Management
Design Edge, P.c.
482 South Broadway
Denver
CO 80209
Tel: 303 260 7277
Fax: 303 260 7282
wv.,rw.de-arch.com
DenVeL CO
Colorado Springs, CO
h\.L:-C".1-0N;;I~IIf!:.II"iU'~.-1If!:
tI~~j~'~~.\~:I!f~l-GmjUi-'Ji'lii
June 12, 2007
Travis Crane
Planner
7500 W. 29'h Avenue
Wheat Ridge, CO 80033
303-235-2848
(Fax) 303-235-2857'
RE: 4975 Kipling Street - Variance
Dear Travis,
The following is a statement of our request for screen wall and signage variances one and two:
1. We request a height increase from 6'-0" to 10-0'" for the screen wall along Kipling Street. The
request is based on the following:
. A 10'-0" screen wall will better accomplish the desired affect of screening the electrical
gear and other gas and mechanical units located on the East side of the building.
. The higher screen wall will be more architecturally compatible with the building
architecture.
2. In order to accommodate prospective tenant requirements, we are also asking for an increase
in Wall Signage square footage.
We request to increase the allowable square footage on the east side from 100 to 160
square foot.
We request the allowance of 40 square foot of Wall Signage on the South side of the
building.
Please do not hesitate to contact us if you have further questions or need more information,
303-260-7277. Thank you.
Sincerely,
~.
Andy Olree - Principal
Design Edge, P.C.
..../".e
EXHIBIT 1
06/12/07
lOT 1, BLUE GRASS TERRACE
A PARCEL IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO
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CASE HISTORY
I SUP-07-01
MS-96-6
WA-07-02
OWNER/DEVELOPER
QUAIL CREEK INVESTORS, llC
S460 S. QUEBEC SlREET. SUITE 100
GREENWOOD ,^LUCE:, CO 80111
(JO.1) 771-4Q04.
CIVIL ENGINEER/SURVEYOR
1ST INe OF DENVER
9222 TEDDY LANE
LONE TREE. CO 80124
(303) 792-0S57
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ARCHITECT
DESlCN EDGE
482 S. 8ROADWAY
DENVER, CO 80209
(303) 260-7277
EXHIBIT 2
SUBMITTEO: .AJNE 8, 2007 (VARIANCE SUBMITTAl 2)
''''''....
No. Dacripllon ,b
I VARIANCE SUBWTTAl leG
,b Dote
TCG -0&-0
$ir'
PAGE 2 of 2
lOT 1, BLUE GRASS TERRACE
A PARCEL IN THE SOUTHEAST V4 OF THE SOUTHEAST 1/4 OF SECTION 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO
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ARCHITECT
...... ....
482 S. IJROAOW4Y
0EN'oG. 00 eD20t
(303) UO-:7217
F'::-~m
Architecture
Interior Design
Planning
Construction
Management
Design Edge, P.c.
482 Soutt) Broadwoy
Denver
CO 80209
Tel: 303 2607277
F-ox: 303 260 7282
wVlv-I.de-arch.com
Denver. CO
Colorado Springs, CO
DESIGN EDGE
June 12, 2007
Travis Crane
Planner
7500 W. 29'h Avenue
Wheat Ridge, CO 80033
303-235-2848
(Fax) 303-235-2857
RE: 4975 Kipling Street - Variance
Dear Travis,
The following is a statement of our request for screen wall and signage variances one and two:
1. We request a height increase from 6'-0" to 10-0'" for the screen wall along Kipling Street. The
request is based on the following:
. A 10'-0" screen wall will better accomplish the desired affect of screening the electrical
gear and other gas and mechanical units located on the East side of the building.
. The higher screen wall will be more architecturally compatible with the building
architecture.
2. In order to accommodate prospective tenant requirements, we are also asking for an increase
in Wall Signage square footage.
We request to increase the allowable square footage on the east side from 100 to 160
square foot.
We request the allowance of 40 square foot of Wall Signage on the South side of the
building.
Please do not hesitate to contact us if you have further questions or need more information,
303-260-7277. Thank you.
Sincerely,
~
Andy Olree ~ Principal
Design Edge, P.C.
1
06/12/07
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on July 26, 2007, at 7:00 p.m. in the Council Chambers of the
Municipal Building 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:
Case No. WA-07-07: An application filed by Quail Creek Investors for approval of (1) a
variance to allow a sign on an elevation not adjacent to the street, (2) variance to increase
allowable wall signage to 160 square feet on the eastern elevation, and (3) variance to
maximum wall height, resulting in a 10 foot tall wall on property zoned Commercial-One
(C-l) and located at 4975 Kipling Street.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published:
Date:
Wheat Ridge Transcript
July 12, 2007
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
July 12, 2007
Dear Property Owner:
This is to inform you of Case No. WA-07-07 which is a request for approval of (1) a
variance to allow a sign on an elevation not adjacent to the street, (2) variance to increase
allowable wall signage to 160 square feet on the eastern elevation, and (3) variance to
maximum wall height, resulting in a 10 foot tall wall on property zoned Commercial-One
(C-l) and located at 4975 Kipling Street. This case will be heard by the Wheat Ridge
Board of Adjustment in the Council Chambers of the Municipal Complex at 7500
West 29th Avenue on July 26, 2007, at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing
and/or submit written comments.
If you have any questions or desire to review any plans, please contact the Planning
Division at 303-235-2846. Thank you.
PlamIing Division.
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WHEAT RIDGE
COLORADO
- PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
---- WATER FEATURE
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* DENOTES MULTIPLE ADDRESSES
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DEf ARTMENT OF
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Last Revision: September 10, 2001
Wf'r-07-~7/ ~~ ~
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TARGET CORPORATION
% PROPERTY TAX DEPT T-2021
PO BOX 9456
MINNEAPOLIS MN 55440 9456
7007 0220 0004 482a_ .2239
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7007 0220 0004 4828 2260
STENBERG ERLAND L
4691 CHILENO VALLEY RD
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7007 0220 0004 4828 2291
HALLEY LESLEY
2742 COAL BANK DR
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7007 0220 0004 4828 2321
CROSSROADS CHURCH OF DENVER FOOTHILLS BANK
9901 W 50TH AVE
WHEAT RIDGE CO 80033
7007 0220 0004 4828 2246
SP ASCO L TD
109NPOSTOAKLAND 0
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7007 0220 0004 4828 2277
K&G PETROLEUM LLC
9777 S YOSEMITE ST 0
LONE TREE CO 80124
ARV ADA RIDGE MARKET PLACE LLC
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9135 RIDGELINE BLVD
HIGHLANDS RANCH CO 80129
7007 0220 0004 4828 2284
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329 PARKVIEW AVE
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7007 0220 0004
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7007 0220 0004 4828 2338
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KIPLING RIDGE METROPOLITAN
DISTRICT
6399 S FIDDLERS GREEN CIR 0
GRPENWOOD VILLAGE CO 801114974
BGT ENTERPRISES
8305 S WADSWORTH BLVD
LITILETON CO 80123
7007 0220 0004 4828 2352
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LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(please print or type all information)
Applicant Ouail Creek Investors
City Denver
Address 2000 S. Colorado Blvd.. Ste. 405
State CO Zip 80222
Phone 720-941-5001
Fax 720-941-5003
Owner Ouail Creek Investors
City Denver
Address 2000 S. Colorado Blvd.. Ste. 405
State CO Zip 80222
Phone 720-941-5001
Fax 720-941-5003
Contact Ouail Creek Investors Address 2000 S. Colorado Blvd.. Ste. 405 Phone 720-941-500 I
City Denver State CO Zip 80222 Fax 720-941-5003
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for fOlwarding all verbal and written
communication to applicant and owner.)
Location of request (address):4975 Kipling Street. Wheat Ridge. Colorado
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
D Change of zone or zone conditions D Special Use Permit
D Consolidation Plat D Subdivision: Minor (5 lots or less)
D Flood Plain Special Exception D Subdivision: Major (More than 5 lots)
D Lot Line Adjustment D Right of Way Vacation
D Planned Building Group D Temporary Use, Building, Sign
D Site Development Plan approval IRl VariancefWaiver (from Sectiou 26-710.12)
D Other: IRl VariancefWaiver (Screen Wall Height)
Detailed description of request: Additional wall signage sqnare footage to include 160 s.f. at the East side (100 s.f.
allowed). 40 s.f. at the South side. Screen wall height to be increased from 6' -0" to 10'-0".
Required information:
Assessors Parcel Number:
Current Zoning: C-1
Current Use: M. B or A-2
Size of Lot (acres or square footage): 33.545 s.f.
Proposed Zoning:
Proposed Use:
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 ofthis action on his behalf.
Signature of Applicant
JEANNE M IlOONEv
Notary Pub/lc .
Slate of C(lforado
To be filled out by staff:
Datereceived ci'/t31o 7
Camp Plan Desig.
Related Case No.
Fee $ A70"~ Receipt No.U;iJ.3777 ..
Zoning c:... / '.
Pre-App Mtg. Date '
Case No. W A- 0
Quarter Section Map
Case Manager
Submittal Requirements:
[2( Original signed & notarized Application Form
~ Fee $200.00 (Amount submilted per Fee Schedule)
~etter of request indicating full intent and purpose of request
o Proof of ownership (Copy of Recorded Deed)
o Limited Power of Attorney (if applicant is not owner)
o Certified Survey of the property
o Mineral Rights Certification (Change of Zone, Special Use, Subdivision and Plan Development)
~ite Plan: (Ifpage size is 24" x 36", must provide 11" x 17" reduction)
(Special Use, Variance, Planned Building Group, Planned Development)
o Neighborhood meeting (exceptfor Flood Plain exception, TUPs and Variances)
o Names and address of attendees
o Date, time, location of meeting
o Legal description (except TUPs and Variances)
9'Building Elevations (optional)
o Copy of Pre-application meeting notes (if applicable)
Additional Submittal Requirements:
o 16 pre-folded plans 24" x 36" and I reduction at 11" x 17" (Subdivision and PD only)
o Traffic Impact Report (may be required for Change of Zone, Special Use, Subdivision, and PD)
o Drainage, Grading and Erosion Control Plan (Subdivision and PD only)
o Mylars plus recording fees (See Fee Schedule)
(Will be required after approval for Subdivisions, Rezonings, and Annexations)
Please note: Incomplete application submittals will not be accepted.
There may be other items required that are not listed depending on type and complexity of application.
Revised 9/27/04
I
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
IWACl707
IQuail Creek Investors
I
IQuail Creek Investors
12000 S. Colo. Blvd., #405
IDenver, CO 80222
1720-941-5001
Isame
Isame
14975
IKipling Street
Iwheat Ridge, CO 80033
ICrane
IActive
Quarter Section Map No.: IsE16
Related Cases: I
Case History:
ign variances. . .
Review Body:
IAdm.
139-164-04-004
I
I
I
I
I
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
Conditions of Approval:
District: llv
Date Received: 16/13/2007
Pre~App Date:
CITY OF WHEAT RIDGE
06/15/07 4:38 PM cdb
Design Edge PC
RECEIPT NO:C023777
FMSD ZONING APPLICATION F
zone
AMOUNT
200.00
PAYMENT RECEIVED
CK 008052
TOTAL
AMOUNT
200.00
200.00