HomeMy WebLinkAboutWA-14-14City of
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COMMUNrry DEVELOPMENT
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City of Wheat Ridge Municipal Building 7500 W. 2 Ave, Wheat Ridge, • 80033-8001 P: 301235.2846 F: 303,235.2857
David Dye
1337 Lexington Ave.
Westminster, CO 8001
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IN
With the following conditions:
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Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating
the Board's decision. All variance approvals automatically expire within 180 days of the date
approval unless a building permit for the variance is obtained within such period of time. The
expiration date for this variance approval is March 24, 2015,
Please feel free to contact me at (303) 235-2846 if you have any questiorl
Sincerely
I / "' W I
f A,4A
Kim Waggoner
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: WA-14-14 (case file)
WA1414�doc
www.ci.wheatridge.co.us
11
I MR101114i 61411gift
L. ROLL CALL
Board Members Present:
04
Alternates Present:
re, Wheat Ridge, Colorado. —
er 4�Reckert, Sr. Planner
n. Reco x
3. PUBLIC
No one
4. PUBLIC
to speak"at,this time.
A. Case No. WA4444: An application filed by Dye Enterprises for approval of a sign
setback variance for a freestanding sign exceeding 15-feet in height on property
located at 4855 Miller Street in the C-1 zone district.
The case was presented • Meredith Reckert. She entered the contents of the case
file and packet materials, the zoning ordinance and the digital presentation into the
record. She stated all appropriate nocation and posting requirements have been
met and advised the board there was jurisdiction to hear the case, She reviewed the
digital presentation.
Board of Adjustment Minutes September 25, 2014
i ication o - Tfic sign leading edge for setbacks.
Ms. Reckert started the setback is measured to the leading edge of the sign, not the
pole.
C '1111 1
111,11111111 IF
smaller sign on a 50-foot pole would be
!.�.sign needs to be closer to Frontage Road for
Board Member HOVLAND inquired if the off prernise sign met the required setback,
Ms. Reckc� bably not.
• MLT7=Wie area nas many non-continning signs ti.---
board should enforce the code. It is not a hardship to adhere to the code for the
request. I
- Woula Ine sign remain it the
applicant vacated the property. Ms. Reckert replied yes,
0. L I 7M"t PT appe
to be Ash trees and which get quite tall. She stated there is a requirement for the
number of street trees based on the street frontage and that the requirements are th
same for all commercial properties. I
Vice Chair GRIEGO inquired about the balloons and Bronco signs visible on the site
in the photos shown, Ms. Reckert stated balloons are not regulated and the Bronco
pennant signs are allowed temporarily only.
Vice Chair GRIEGO asked if a condition
advertising devices if the variance were R
David Dye
4855 Miller St.
il
restricting these types of
skert replied yes.
e property owner for a 15-
>n 1-70. The reason he
c sight distance at the
many improvements
sign placement next to the entrance with
Ad be a' challenge because of the high volume of traffic on
andscaping cut way it opens the intersection and the old signs
,e least amount of clutter and traffic will not have to negotiate
t of semi-truck traffic. He stated the expense of the
is a factor as well.
icipa Me is in place tor a reason and zom i lig
provides many things. Why would the board continue to allow the lack of non-
conformity.
I
Itsisti,ii
Board of Adjustment Minutes September 25, 2014 3
RYIEW VU-N X&I 9 INt 81 OR a
Board Member ABBOTT statel-f
staff to consider a language change in the criteria.
Upon a motion by Board Member PAGE and second by Board Member BELL,
the following resolution was stated:
WHEREAS, application Case No. WA-14-1 Was denied by an administrative
officer; and
WHEREAS, Board of Adjustment Case No. MIA-14-14 is an appeal to this Board
9 -
from the decision of an admiuistr� officer; and
WHEREAS, the property has been
r-I a 0
L
Im
"M
without detriment to the
M
-foot variance from the required 30-foot setback
With the following conditions:
I I I i
The motion was approved by a vote of 6-1 with Board Member KUNTZ voting
no.
Board of Adjustment Minutes September 25, 2014 4
tt
without detriment to the
M
-foot variance from the required 30-foot setback
With the following conditions:
I I I i
The motion was approved by a vote of 6-1 with Board Member KUNTZ voting
no.
Board of Adjustment Minutes September 25, 2014 4
i
7. NEW BUSINESS
A. Approval of Minutes — June 26, 2014
It was moved by Board Member PAGE and seconded by Board Member BELL 7_0
to approve the minutes as written. The moition passed 7 -0.
There was discussion about the vote a" language of the vote.
B. Ms. Reckert informed the board that two new p ers have been hired and will be
working with the board.
C. Ms. Rec ert informed the board that dally Payne, .Long Range Planner, resigned and
moved to Washington. Lauren Mikulak has been promoted to her positon.
D. Altemate Board Member Larry Richmond was in the audience and greeted the
Board.
A
Usum
Kim Waggoner, Recording Secretary
Board of Adjustment Minutes September 25, 2014 5
mg I mu Ime Lei Intl ga 1 #1
CASENO: WA-14-14
APPLICANT'S NAME: Dye Enterprises
M I Mr - aummis ative otticer;
WHEREAS, Board of Adjustment Case No. WA- 14-14 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 recogniti
that there were no protests registered against it; and I
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 goveming and City of
Wheat Ridge
NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No, WA-
14-14 be, and hereby is APPROVED.
TYPE OF VARIANCE: An I I -foot variance from the required 30-foot setback for a
freestanding sign.
1. The off-site sign copy will be removed.
VOTE: YES- BELL, HOVLAND, PAGE, GRIEGO, & ABBOTT
NO: KUNTZ
ABSENT: GRIFFITH & BANGHART
Board of Adjustment
Resolution WA-14-14
Page 2 of 2
IF.
Lily G go, Vice Chair
Lily
Boar f Adjustment
12/12/2014
12/12/2014
4.
7A.
12/12/2014
City of
Wh6atP4,i-dge
PLANNING DIVISION STAFF REPORT
TO:
CASE MANAGER:
CASE NO. & NAME:
MEETING DATE:
Board of Adjustments
Meredith Reckert
WA- l 4 -14 /Dye
September 25, 2014
ACTION REQUESTED: Approval of an I V variance from the 30' required setback for a
freestanding sign on property located at 4855 Miller Street
LOCATION:
4855 Miller Street
Owner: Daniel Dearing (property owner)
APPLICANT (S): David Dye (applicant)
APPROXIMATE AREA: .78 acres
PRESENT ZONING: Commercial -One
PRESENT LAND USE: Vehicle display and sales lot
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
SITE
do
Board of Adjustment
Case No. WA- I 4-14/Dye
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.
I. REQUEST
The applicant, David Dye, is requesting approval of a variance from the 30' setback requirement
to allow a 19' sign setback for a freestanding sign over 15' in height.
The purpose of the variance application is to allow the applicant to replace an existing sign with
a new changeable copy sign that is 25' in height and located 19' from the front (southern)
property line.
Section 26- 115.C. (Variances and waivers) of the Wheat Ridge City Code empowers the Board
of Adjustment to hear and decide on variances from the strict application of the zoning district
development standards.
II. PROPERTY HISTORY
The property is located at the northwest corner of Miller Street and the North 1 -70 Frontage
Road. (Exhibit 1, Aerial photo) The property is approximately .78 acres in size. It is zoned C -I
and contains a metal office building. (Exhibit 2, ZcmingNlap)
The property is used as a vehicle display and sales lot and has been occupied by the current
tenant since 2013. Prior to occupation of the site, the applicant submitted and received approval
of an application for Special Use Permit (SUP) to legitimize the sales and display lot. The
approval was conditioned that certain improvements occur to the site prior to occupation. The
attached site plan shows perimeter parking lot landscaping which was installed and inspected.
(Exhibit 3, Site plan) Those landscape improvements included installation of a ten foot wide
landscape buffer with a masonry wall, street trees, shrubs and extension of a sprinkler system.
These improvements are still in place today. (Exhibit 4, Site photos)
There is one existing freestanding sign on the property. It is located in the landscaped island at
the corner of Miller and the frontage road. It is on a wooden frame, measures 12' x 8' and is 15'
high.
The applicant uses another larger sign which is just off the property to the west. This sign is
larger and appears to be at least 30' in height. Both of these signs are nonconforming relative to
setback. The applicant has indicated that if he can erect a new, changeable copy sign, the
existing wooden -based sign will be removed and his sign copy will be removed from the larger
sign adjacent to the western property line.
The property is surrounded by a variety of zoning and land uses. To the immediate north is an
A -I zoned parcel which is currently vacant and owned by the same property owner as 4855
Miller. Beyond that is an office /warehouse facility zoned PID. Property to the east is zoned C -1
Board of Adjustment `
Case No. WA -14 -14 /Dye
and contains the American Motel. Land to the west is also owned by the same property owner.
It contains a 20,000 s.f. vehicle repair facility. To the south is I -70 which carries over 100,000
vehicles per day.
The applicant has expressed that they desire a taller sign because of visibility. Because the
property is within one - fourth of a mile from I -70, a 50' high sign is allowed. Any sign over 15'
in height must have a 30' setback from right -of -way.
III. CASE ANALYSIS
The sign code regulations are located in Article VII of the zoning and development. Generally, a
commercial business is allowed one freestanding sign per street frontage abutting the property.
As such, if the property is a corner lot, one freestanding sign is allowed per street frontage, or the
permitted sign area for each sign can be combined into one larger sign. The allowable sign area
is based on building footprint.
The required setbacks for freestanding signs are dictated based on sign height:
• If a sign is less than 7' in height, a 5' setback is required from r -o -w.
• If a sign is 7' to 15' in height, a 10' setback is required from r -o -w.
• If a sign is over 15' in height, a 30' setback is required from r -o -w.
• If a property is located within one - quarter mile of the interstate, a 50' high sign is
allowed and is required to have a 30' setback.
The required setback is measured from the leading edge of the sign and not the sign support.
Because the property in this situation is a corner lot, the applicant would be allowed two
freestanding signs (one per street front); however, they have opted to combine the square footage
and have one sign on the property which is roughly 87 square feet in size and 25' high. Because
the sign is over 15' in height, 30' setbacks are required from both Miller and the frontage road.
The applicant has requested a variance to allow a new sign with combined square footage to be
erected in the existing planter area on the corner of the property. In order to meet the 30' setback
from both frontages, the sign would be located in the vehicle display area. The applicant is
requesting a 19' setback from the frontage road which requires an 11' setback variance (36 %).
The 30' setback from Miller Street can be met. (Exhibit S, corner detail)
Commercial properties are also allowed wall signage on the sides of the building that are
appurtenant to the street. The structure has a small wall sign on the south side of the structure.
Commercial properties are allowed to have electronic changeable copy signs as long as the sign
message doesn't flash or scroll and the message doesn't change sooner than every 15 seconds.
No off - premises advertising is allowed.
Board of Adjustment 3
Case No. WA- I 4-14/Dye
IV. VARIANCE CRITERIA
In order to approve a variance request, the Board of Adjustment must determine that a majority
of the criteria for review listed in Section 26- 115.C.4 of the City Code have been met. The
applicant has provided their analysis of the application's compliance with the variance criteria.
(Exhibit 6, variance criteria responses) Staff provides the following review and analysis of the
variance criteria.
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 were denied, the property would continue to yield a reasonable return in
use. The property would continue to function as a used vehicle sales lot, regardless of the
outcome of the variance request.
Staff finds that this criterion has not been met.
2. The variance would not alter the essential character of the locality.
The surrounding area has a mix of commercial and industrial zonings and uses. Many of
the existing businesses have 50' high signs and it appears that several of those in the
immediate vicinity may not meet the 30' setbacks. The existing sign on the property is
unattractive and crudely constructed. Replacement of the existing sign with a reduced
setback will not alter the essential character of the locality.
Staff finds that this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The proposed sign would constitute a substantial investment in the property. However,
the same sign could be built with a compliant setback.
Staff finds this criterion has not been met.
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.
There appears to be no hardship due to the topography, size or shape of the lot. There are
numerous freestanding signs in the area which provide visual clutter but this doesn't
constitute physical hardship.
Staff finds this criterion has not been met.
Board of Adjustment 4
Case No. WA -14 -14 /Dye
5. The alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
The applicant has created his own hardship for requesting a sign which does not meet
setbacks.
Staff finds this criterion has not been met.
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 public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of
the adjacent property. The adequate supply of air and light would not be compromised as
a result of this request. The request would not increase the congestion in the streets, nor
would it increase the danger of fire. The request will most likely not have a negative
effect on property values in the neighborhood. Although the proposed design is auto -
oriented and intended to attract the attention of drivers, it would not cause an obstruction
to motorists and would not impede the sight distance triangle at the corner.
There were no comments received from the neighborhood in response to the variance
noticing.
Staff finds that this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property, .
The applicant has indicated that the sign height and resultant setback variance are required
for visual exposure for the site. There are numerous businesses located on the frontage road
that have 50' high signs. The subject site and structure which dictates sign size is much
smaller, providing less visibility than other businesses' signs along the frontage road.
(Exhibit 7, Area photos)
Staff finds that this criterion has been met.
Board of Adjustment
Case No. WA- 14-14/Dye
S. Granting of the variance would result in a reasonable accommodation of a person
with disabilities.
The construction of a new sign on the property will not result in disability
accommodation.
Staff finds that this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set forth
in the Architectural and Site Design Manual.
The ASDM does not apply in this situation.
This criterion is not applicable.
VII. STAFF CONCLUSIONS AND RECOMMENDATIONS
Not having found the application in compliance with the majority of the review, criteria, staff
recommends DENIAL of an 11' variance from the 30 -foot minimum setback for a freestanding
sign that exceeds 15' in height. Staff finds no unique circumstances attributed to this request and
warranting approval of a variance. Therefore, staff recommends denial for the following
reasons:
1. The subject property would continue to yield a reasonable return in use and function as a
vehicle display and sales lot if the variance were denied.
2. There are no unique physical features or other irregular conditions on the property that
would preclude a new freestanding sign from meeting required setbacks. _
3. - ,Maving fognd-the appG5ption fdr Case No, Si 2.12 -G!i z-: peciiifOJse P> rtit-ttr ��JJ
vehicle displayXnd sales lot 611 prope zoned'C -1, to be complete and in corrfplia4ce ,
1h the majority of the applicable review crts ria, staff is , =ranti n<= AP RO;Vi�f
s re @u�g�t bawd Moll ` iil) fiq lug< f f
Board of Adjustment 6
Case No. WA -14 -14 /Dye
Exhibit 1, Aerial Photo
5 AVE
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Board of Adjustment
Case No. WA- 14-14/Dye
Exhibit :2, Zoning 1V[ap
Board of Adjustment
Case No. WA- 14- 14/Dye
Exhibit 3, Site plan
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Board of Adjustment q
Case No. WA -14 -14 /Dye
Exhibit 4, Site photos
View of Miller Street
frontage
View of intersection
from Miller Street
Board of Adjustment 10
Case No. WA -14 -14 /Dye
DYEAUTOS.CO
Colander be t7hdc & Car desk 1
Large freestanding
sign on western Small wall sign on
property line south building facade
1 't
Board of Adjustment
Case No. WA -14 -14 /Dye
Board of Adjustment 12
Case No. WA- 14-14/Dye
1
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Proposed sign
location
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1 -70 Frontage Road
8/14/2014
Dye Enterprises
4855 (Miller St
Exhibit 6, Applicant letter and photos
----- ---------------------
Wheat Ridge, CO 8003:3
303- 286 -1665
cyeautosffi►grnailcorn
City of Wheat Ridge c/o Meredith the senior planner
7'500 'JV 29` ) ave
Wheat Ridge, CO 80033
Dear Meredith,
\variance Criteria Review explanations
Dye Enterprises is happy to have chosen the City of Wheat Ridge for the home of our bus ness
at 4.855 Miller St. Wheat Ridge has made a calculated effort to improve the Cites appeal to its
citizens and business. alike. In re'curn, we have made in effort to show the City that we are
respectful and complainant to the nodes and requests from the City. We have worked well
with the property ovmer Dan I)erring, the City planner's and code enforcement to acquire a
Special Use permi+: and we maintained our property a higher s',andarel than the previous terart
Phil Wolf. We use many businesses in the area to help our community's economics like
MedVed, the Remote Start Guys, Big 10 Tires, Thunder Bird Motorcycles ,and more. We are
looking to make more improvements that will increase traff ic vistion, tie -archizeaurally
appealing to + :h(! City and improve the overall looks of the property. We are wanting to install a
Board of Adjustment
Case No. W A- 14 -14 /Dye
new digital sign that would setback further than the current signs and be higher than our newly
planted trees. We will be reducing the overall square footage of our signs and not impede the
accessibility of the property. We are asking for a variance to the sign code for our new digital
sign because of our neighbors billboard sign and because of the uniqueness of our business.
A. Our income will be affected by relocating the sign if we adhere to the City's recent sign
codes. There are many examples in Wheat Ridge how signs are not within code. We have
provided these photos for you as examples. Our next door neighbors at the American hotel
have a huge Lamar billboard on the South East Corner of Miller St and 48` that is low lying and
it dwarfs our signs. This sign alone makes it difficult to relocate our sign further into our
property with the City's sign code dimensions and still able to see it from the highway which is
over 35% of our customer lead base.
B. The sign variance would not alter the character of the property and greatly improve it. The
property has had a number of issues in the past with the previous tenant Phil Wolf which Dye
Enterprises has made a huge improvements. After taking over from Phil Wolf, Dye Enterprises
has taken the property from dead non - irrigated plants, broken wood fences and a blatant
encroachment into the City's right of way to an attractive well landscaped irrigated property
and has moved out of the right of way. We are willing to remove both large signs hence
reducing the overall sign square footage on the property. By removing the sign on the south
west corner of Miller St and 48` that will help improve the attractiveness of the lot, improve
property values as well as improve the local traffics line of sight at the corner.
Board of Adjustment 1
Case No. WA- 14-14/Dye
C. The variance will allow the possibility of not being obstructed by the neighbor's billboard
and by our ever - growing trees we planted for the City's landscaping plan and to be visual from
the highway. The investment into this sign will be over six figures and for a small to mid -size
business like ours it is essential that it literally drives customer to our lot. If 35% of our business
is from highway drive -by traffic then our signage is an intricate part of our marketing. Reducing
from two signs to one sign will make the placement of the one sign crucial and the most
important aspect next to the square footage of the sign. We installed and planted trees and
plants to the City's architectural plan to get Special Use permit and in the near future the tree
will grow high enough that we are taking into account the placement of the sign. Again, we will
also have to compete against our hotel neighbor's obnoxious low lying Lamar billboard.
D. There is a unique hardship and is not just an "inconvenience" to follow the City's signage
code for our lot and we need the variance for lot space. Unlike most businesses our customers
do not come inside a building to shop and are business is unique. Our lot is our display and
shopping area similar shelving space at a grocery store. By placing the sign inwards towards the
interior of the lot we will lose more inventory space. We have given up space for our
agreement to landscape to receive our Special use permit. Since our niche in the automobile
market is trucks, they can be a challenge to move around because of their size and we would
lose even more useful space. This would be like putting a sign in the middle of the aisle at our
grocery store to try move your cart around while trying look at the products on the shelves.
E. Both Scott and David Dye have nice clean homes and follow their HOA guidelines for our
home communities and we treat this property like a second home. Dye Enterprises has
continually made improvements to the property since the last uncooperative tenant Phil Wolf
Board of Adjustment 16
Case No. WA- 14 -14 /Dye
by improving the irrigated landscaping, implementing handicap accessibility and keeping up
with maintenance of the property. Adding this sign will help the value and improve the looks of
the property and help to set an example as good business working the City's overall
development. In addition, we are still considering developing the property behind us in the
future to tie into this property and it will keep it up to the same high standards.
F. The new location of the sign will set back from the current location of the corner sign and
the height raised which will improve the traffics vision near the corner at Miller St and 48 The
overall look of the property will be more appealing from the wooden pole sign structure to a
metal less complicated design improving the ascetics of the property.
G. There are many examples in Wheat Ridge that signs are not in compliance with the newer
sign codes. A few in our area include the corner of 170 and Kipling Shell gas station. And of
course, the Lamar billboard at our American hotel neighbors across from the same corner on
Miller St and 48 do not comply with the City's new sign codes and they have a negative impact
on our property's values as well as impede the traffics line of sign near the corner.
H. Since the variance we are asking for would allow us to place the corner sign within the
corner landscaping, people with disabilities would not be affected negatively by the placement
of the sign. By placing the sign in the interior of the lot by current code may actually affect the
ability for people to get in or out of our vehicles as well affect the maneuverability of the
vehicles on the lot.
I. The sign placement would be setback form the current location of the sign and still
incorporated in to the landscaping which would not negatively change the architectural design
Board of Adjustment 17
Case No. W A- 14 -14 /Dye
of the property and would be in the best location for the accessibility to the inventory and the
profitability of the business. Dye Enterprises has two signs that are not incompliance with the
Architectural and Site Design manual but vve are willing to remove one sign completely and
work with a variance from the City to minimize a setback from the corner to our square footage
specifications and height. The square footage would be less than the corner sign is now but
must legible - to the highway traffic where %ve receive more than 35% of our business from►.
Thank you for your variance to code consideration on our new digi;ai sign. Vie will be spending
a great deal of money for a small to medium sire business and placement is crucial for its
effectiveness. Please consider the amount: of business we receive from thee highway when
considering the location and square footage amendments to the sign. This sign will actually
clean up the look of the property for the City.
David Dye
Scott Dye
Board of Adjustment 18
Case No. WA -14 -14 /Dye
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Case No. WA -14 -I4 D\e
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Board of Adjustment 19
Case No. WA -14 -I4 D\e
Board of Adjustment
Case No. WA -14 -14 /Dye
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Board of Adjustment 21
Case No. WA -14 -14 /Dye
Board of Adjustment 22
Case No. WA -14 -14 /Dye
Exhibit 7, Frontage road photos
View looking west
along frontage road
Closer view looking west
along frontage road
Board of Adjustment 13
Case No. WA- I 4-14/Dye
3.
WITFI THE FOLLOWING CONDITIONS:
I.
City of
y(�
Wh6at" g e
POSTING CERTIFICATION
CASE NO.
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE:
I, V I
residing at /33 7 O�C X/ N5_ I O►J
(address)
as the applicant for Case No. hereby certify that I havey osted the Notice of
Public Hearing at D �` % f /i i° !:S� i J 1,q 1 D �i✓ �j �G 3J
(location)
on this � day of Se-v+ rI7 b e. e-, . 20 j � , 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:
NOTE: This form must be submitted at the public hear' �onthi/ase and wi
applicant's case file at the Community Development Department.
CITY OF WHEAT RIDGE
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UU.0 ZA $10 nVA 131011.2 NO I mgm
The full text of this notice is available in electronic form on the City's official website,
www.ci.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the
Community Development Department.
Published: Wheat Ridge Transcript, September 11, 2014
The following petition shall be heard:
Case No. WA-14-14: An application by David Dye for approval of a sign setback variance for a
freestanding sign exceeding 15' in height on property located at 4855 Miller Street.
wauonec mimsuativt
W City o f
heat igc
LETTER NOTICE CERTIFICATION
(as required pursuant to Code Section 26-109.D)
Administrative Assistant, CommunI q1 ir'q' 11 1! 1 1 D it
, hereby
certify that I mailed a total • 6 letters • to the attached recipient li
at least 15 days prior to a scheduled public hearing. I
City of
Wheat ididge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26- 109.D)
September 10, 2014
Dear Property Owner:
This is to inform you of Case No. WA- 14 -14, a request for approval of a sign setback variance for
a freestanding sign exceeding 15' in height on property located at 4855 Miller Street. This request
will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal
Complex at 7500 West 29th Avenue on September 25, 2014 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. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating
and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303 - 235 -2846. Thank you.
Planning Division.
WA1414.doc
www.ci.wheatridge.co.us
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at 4855 Miller St. Wheat Ridge has made a calculated effort to improve the City's appeal to ill
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MedVed, the Remote Start Guys, Big 0 Tires, Thunder Bird Motorcycles and more. We are
,?ppealing to the City and improve the overall looks of the property. We are wanting to install a
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planted trees. We will be reducing the overall square footage of our signs and not impede tto
accessibility of the property. We are asking for a variance to the sign code for our new digital
A. Our income will be affected by relocating the sign if we adhere to the City's recent sign
have a huge Lamar billboard on the South East Corner of Miller St and 48 th that is low lying and
it dwarfs our signs. This sign alone makes it difficult to relocate our sign further into our
All, I All
property has had a number of issues in the past with the previous tenant Phil Wolf which Dye
171 IN I III I I ill I 1 11 1 1 111
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he variance will allow tkIe nnc-,ihilitv,l if kk Ct
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and bv our ever-erowine tree
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from two siens to one
important aspect next to the square footage of the sign. We installed and planted trees and
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also have to compete against our hotel neighbor's obnoxious low lying Lamar billboard.
D. There is a unique hardship and is not just an "inconvenience" • follow the City's signage
cRR= for our lot and we need the variance for lot space. Unlike most businesses our customers
do not come inside a building to shop and are business is unique. Our lot is our display and
interiR r of the lot we will lose more inventory space. We have given up space for our
market is trucks, they can be a challenge to move around because of their size and we would
lose even more useful space. This would be like putting a sign in the middle of the aisle at our
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E. Both Scott and David Dye have nice clean homes and follow their HOA guidelines for our
home communities and we treat this property like a second home. Dye Enterprises has
bv imr)rovinII , the irri. ated landscama . ifuniWIP41M
with maintenance of the property. Adding this sign will help the value and improve the looks (M
development. In addition, we are still considering developing the property behind us in the
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profitability of the business. Dye Enterprises has two signs that are not incompliance with the
specifications and height. The square footage would be less than the comer sign is now but
Thank you for your variance to code consideration on our new digital sign. We will be spending
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Applicant "1> �'(C e flr-t.St 5 Address q I ° `r Phone 3o3 '�94 ntS
City—WH 4- State co Zi 00 1-"ax is
Owner D094 a` p . C/ AddrcssA/II6.!5
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Zip Fax
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Contact D& i v� Address I - A)AJ4rTbAI As�� Phone
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(The person listed as contact will he 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 he responsible for tbrwarding all verbal and written
communication to applicant and owner.)
Location of request (address): &D §
Type of action requested (check one or more of the actions listed below which pertain to your request):
Please refer to submittal checklists for complete application requirement ; incomplete applications will not be accepter].
0 Change of'zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor ( 5 lots or less)
0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots)
r
,71 Flood Plain Special Exception [73 Site Plan approval OTemporary Use, Building, Sign
0 Lot Line Adjustment 0 Concept Plan approval 9 Variance/Waiver (from Section
0 Planned Building Group 0 Right of Way Vacation 0 Other: ---
Detailed description of request:
Required information:
Assessors Parcel Number:
Current Zoning:_
Current Use:
Size of Lot (acres or square footage):
Proposed Zoning-
Proposed
lcerfij,j' that the it herewhitsubt flee! ear arse anal correct tea the ni
acting wah the knowletige and' consent o 'those pe)
,fthosepers s listed ove, withoi avhose arse c* eq uestcul a n cannot y lac laitfivl�e accomplishd
e
-aforneY 101 the o . wne Ii•/1 m red ihis action on his behalf
Notarized Signature of Applicant
To be filled out by staff:
Date received Fee Receipt No, L
------ 1 Case
Cornp Plan Des ign,_ zoning_ —A ,
Quarter Section )Jap
Related Case Pre-App Mtg. Date .... . Case Manager,,,_u
M
Case No. WAi41�€
Date Received � 31972014
x
Related Cases s ; CasePf rRecfeert
Case Descrrptror•R for for approval
of a sign setback variance for a freestanding
sign exceeding 15'rn height on property located at 4655 Miller
'Street
Name Dye Enterprises
Norris
f'h (303 1665
Address t44855 Miller St
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City Wheat Ridge .
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Stat C�1 { 2 rp 80033
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Name r Danief C Dearing,
Marne
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Phone (303 912 9515
Address 2717 5 Simms Way
City
State ' CO z dip 6(1228
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Name David Dye I
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Name i
Phone (720 341 53-}6
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Address 1337 Lexurgton Ave
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City Wesimrnster
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State CO+p 60023
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f'r�e�lfrfxarafi�+r
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Address 4655 Street Miller SE
Crty Wheat Ridge State sCC? 2 rp 80033
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Location Description
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= Protect Name
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Parcel No tr ectron
strict No
Parcel No:
[' 3 ' 9-164-00-016 Qtr Section
SEifS District No: IV
39164000%SE16
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Pre Date
Neighborhood Meeting Date
App No #
_..
Review Type Review Body Review Date Disposition
Comments
Report i
Public Hearing .. . i6OA
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� 9125!2014
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Case Disposition
Disposition Date s
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Conditions of Approval
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Notes
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S torage:
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