HomeMy WebLinkAboutWA-96-19s
" The City of ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Ridc~re Department of Planning _and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
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Applicant3~ J~aY,~~+a7 ~ ~'Pr~4's;;.~ Address!ifoS"0 . ~{i <_~f /~iE'r~uta- Phone ~q 3 7E/5~l,
~^j(j S, Gam ~ • - Sf. Lei /l,rwoer{
Addres^^^" ^ "~• --"°Phone aq/- 9/$3
Ovmer ~~ ~~c~rA/ei('~ ~~.f~~'
Location b~ request '~~' '~, / .
Type of action requested (check one or more of-the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan 'approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision - __
8 Preliminary
Final
(] ** See attached procedural guide
for specific requirements.
Variance/Waiver
Nonconforming use change_
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat -
Solid waste landfill/
mineral extraction permit
^ Other
NAME •, ADDRESS ~ _ PHONE
I certify that the information and exhibits herewith submitted are true and
correct to the best__of my knowledge and that in filing this application, I
am acting with the knowledge and consent of_those persons listed above,
without whose consent the .requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on-his behalf.
Signature of Applicant- _- _;,, --
~F~~b~3' ed and sworn to me this ~ day of (~(ln~l_~_, . 19 g~_
~f LOU
PL14
My commission expires 1-~,~ ~y
Receipt No. _ Case No.
List all persons and companies who hold an interest in the described real.
property, as owner, mortgagee, lessee, optionee, etc.
^~ Y RECEPTION N0. 93160374
`~ RECORDED IN COUNTY OF JEFFERSON
QUIT CLAIM DEED
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STATE OF CtlLORADtl
JACK E MAJOR ANO BERNEICE M MAJOR
who°eaddressi°2011 OUITMAN ST., DENVER, CO 80212
CITY AND County of DENVER ,and State of
COLORADO ,for the consideration of LESS THAN FIVE
Dollars, in hand paid,
HUNDRED AND NO CENTSC$SOO.OO)
t-
10/07/93 14i37~~-=
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hereby sell(s)and quit claim(s)to BERNEICE M MAJOR
whose address 1s20t1 QUI TMAN STREET, DENVER. CD 80212
,and State o[ ,the following real
County of DENVER COLORADO
County of ,JEFFERSON rand State ofColorado,towit:
property, in the
THAT PORTION OF THE SEi OF SECTION 13, TOWNSHIP 3 SOUTH,RANGE 69
WEST OF THE 6TH P.M., BEING ALSO A PORTION OF BLOCKS 13 AND 14, _
i BERKELEY HEIGHTS, 2ND FILING. MORE PARTICULARLY DESCRIBED AS
FDLLOws:
BsG922~4 FEETAWESTNOFOTHEHSOUTHEASTICORNERSOFOSW~CANONRUNNINOICH
THENCE NORTH 259 FEET:
THENCE WEST 'IBS FEET: -
iHENCE SOUTH 150$1' EAST S7 FEET:
THENCE SOUTH26' SS' EAST, 4B FEET:
THENCE SOUTH 2SD O6r EAST, 182.$ FEET TO A POINT ON THE SOUTH LIN
OF THE SW~ OF SAID SECTION:
THENCE EAST ALONG SAID SOUTH LINE. 83 FEET TO THE POINT OF
PROPERTYGDESCREDEDTINSDEEDSTTONJEFFERSON COUNTY,YRECORDEDINN THE
BOOK 228 AT PAGE 393 AND IN BOOK 4S0 AT PAGE 276,
COUNTY OF JEFFERSON, STATE OF COLORADO ._
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[:i«. also known asatreetandnumber 6285 WEST 48TH AVENUE ~ WHEAT RIDGE, CO
80033 ~=
with al! its apPUrtenances ` ~ '-
__ Signed this T,Ch day of Oeto6alc '19 93
.1
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STATF.OFCOLORAUO, -- '-
b 6.~t1`ountY of Je66exbon deT or ~C~OIICR - -~ '~~
Tba forryminRinetrumentwee ecknowledaed before methie ~.Z{t ~-.:e-
is 93 ,by JACK E MAJOR S BERNEICE M MAJOR ,;-
wj_ ltY.ommltxien exnirex TERM ~/,~~}~,,,~~~/~~~~`~r]T~ a ~'~~,~,
~v" ,~,r Nrir,,,r ~~ ~~ Fl`~ P
wHig1U,4'tmr{lityle ~ taeiFl xeel. ~~CM AAAPAN~» ,.e
(iM"jyiuN~.rhrsilYUHI!'Oa~a.~.^~T.,.-..-.. BY~ - _..
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IM.risai.,otrt'rttA1MCRYat~r.rk,eJ inrMa,rils.wtrex2`m-ronMaxe-net . r
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" ~• ' AP?. Ib'. 19°6 2.O6PP11 3ili NATL ; LEASE AD'rdN
STANOARpIF.ASE AGREEMENT
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Ti a, 8580 P. 1/2
t ~ n oum. 3Ai NA2'IOIAAL ADVII2TIS7NG
_ 4650 DAHLIA
n~rtvEtt. m soz16
lease n~7-DS871 A
~ E C g I V E D NATIONAL Al~'V~RTISiIvG t;OMPAivY zzz-asa~za
(Suhsidtary cf Mlnntaoia Mlning 8 ManulacWdng Cp.)
APR ' ~ S~g2 Home Office: 8edtord Park, Illinois 60501
THIS AGR££MENT, made this .__ . 13~ day of ~~ .1992 by and between
HENCE M MASCIR PL'WU~ 6125-@f OF T"'~'~'-~, ~ -
hereina(ter called the Lessor, and National Advertising Company, of Bedfortl Park, Illinois, hereinalter called the Lessee.
WITNESSETH:
I Tne Lesaornerepyleasns unto cne Laesee.end the Lessee Hereby leases from the L¢ssor.meusa andpassessipn of the porcon le bCbeeuoluV Of lne
Iollowmy aesenbad premisrr. Inr me purposes of erxpng and maimammg edveruaing alsplaye (painted. reflemodxed. pdntad. illuminated. Pr amerwisel.
indupmy necessary slruttun:a, dbwpaa. Power Doles and ponnetlipna.
2 The praPeny herein demiseTd is IPLdRO abp rt ~ (1S0 a m:,~N-c~S-w1 ... ~ ............. ............. ........ on
mtQ E ~5~-W side alRUmcNU .~T7Q•........ fortlrsplaytsllaemgN-EE~S-~N suenleacedpraperrybeingpanoftheLessor:propertyenuatedin
me TawnsH,p or ......... ........' .~~rynq.t~v.~. ........................... County Or
Slate bl ........................r . - . • • • • ^ • • • • Or LC9af Oerar'DUOn Is requires, se reveme side hempt)
a.TnOrermofmipleasesnaueanmencton MA91 ID.92.andumesstCnninatadean¢rinlnemannernereinehersaUOnn.3nagsonnnuafor
an inigal term of t¢n years from the oral day of me test month lollowing traeuan of IHt aararesmg duplay(s) (htminalter talletl "Ole 411CCevt deft'Y. and snail
continua mereattar. rpm year to year on me same terms, unfit terminated as of any
supseaupnt Dnnwereary al me ellemrve darn by written nofict of lemunenpn glean not lees Ihun siary day^+ Dnor lp such aMiver:ary dale by timer me Lessor of
Lassae.
a In conslderanon of the mregaing and~me mtawal Dromisc~hurun cpnLSlnetl. anp CmCr good and valUeple epnglderellpn,tna Lessee agraesm pay me
Laappr at mD rate at5mnn~~[pLer ..upn Denads olame as Ina display(s)cantempht¢o Hereunder islaral na(in advertising pasloon. and al me
rate of S ~ par )eTOr such penoda vl timd ~6 Inc diSpIDY(SI cpntemplakp nerewlder rs(arel In poalllon SucH yearly rental ie tp Ce paid in
eavance (suClect Io a 9a day delay }ar prpcesvngl wish aupPlemenLVyadiustmcnL:IO be made prompay wnen tneadvardsing 9lama pima dlapiay(a) is cHSngad.
when feasible. mE payment palE roll bead{eared m coindtla wim an annrver:ary of NC dfcmwC dale. Rert stVM be deemM to have bcen made vn Ina dere(sf
scheduled unless Lasser nouucs LeSSee of non•receipl al payment
nCDrnOtanL PRCVISICNS. The orovisrons printed on lhcrwG•r&: hereof are Hereby mG;:ppmted Herron py spenficralerence lHemm and canWMea
.,an of rhis anrttmnnl
AREA SKETCH OF LEASED PREMISES
HALL ....................... Ft.
EOP ......................... Ft
Power .......~:$.._......... FL
Mileage Panel ...... .......... Mi
Location Staked .5~` .~..
Display Faeing .~,~~
E ed b s ' t r ence of
APPROVED: _ _ lienan9
nlapuhudW AQR 2 ~'~g~
NATIOIa%~7~D/VE/R/T,ISyrt~HG ~AN E Fignan~~~'~L°s Pale
'4
Post-I["' brand fez transmittal memo yofpagea .
T From
C0. Cv-
~pt• Plrpnt lY
Fts a Fax a
NORTH
raxF*arrn. m 80026 ,.__ ...
tGry, County, Stara)
_ (303) 231-9183
(Lessor Phone Numher)
(fat 10 NumbsQ
'''~.~pr.T8. 1996 2:O6PPd~3~i YATL /LEASE ADP,iP1~~--_
s,-.-~.,,.~
~~r~.3~ao-`P.2~z ..,.
$TANDARO LEASE AGREEMENT
Fa+m o6u5. B. RwneO6rel
U, to the event Of any Cnange or Ownaranrp al one pm PtlnY hereby Iaa3M. the Le33Or 3gfp^.a W nOPly In6 Lzssac pfdmplly Or Suet ohangC. and lee a6anr a SV
IIWraOr lP SVl'n Haw sweat.
agrees to give me new Owner !Ovine! written notice pl me exn[ance al mis lease and to delivers copy ys ~ ~ r ~w ~ne oro ar nere.rt
7. Unless 9peCrficaly slated otherwise harem, inei.e3sar repre3anl%andwartanla teat he GeimMSheOwner Orlhf erA~te p~ p N
tlemseO. and roar ne Has lull aulhordy to enter mtp mistease.The Lessor covenonrs anOwarrantslhatdtneLessacananpay the ranlalu relnQ cedandsnalt Neep
pl ltl Seleaae.%antUSa to meWde accaess t0 tor. site aver any lirndau der llprecOnl°r0l bt the L¢3~,9"rave.nold and enjOYlneusedtlnepremneS nBreindemr%ed tort alarm
8 Nartner[he Lesser oar the Laesae shall be vound Oy any agreement or re0resannuon,¢xprassad onmphad,not nntaine0 nerein.Tmstea%e snap be deemed
penelR Ol and heo ding upon Na pameane elloand tD inarresDecwetenants. hev>.successors. paeans! rep es~atwles execumrsaadT~mstiaror avidassigns.e
uin the Lesseanrnery1g01 days
9.Intne event teat me pprtion of lee Lessor's prOOSrtY Occupied by the Las3ee~Sd~ISmialtb ertnerelheLessee NomalO9tlraarthe BranchOlticel~isteed.andrupon
denbat building. as evidencntl bye buiitling perm.Lrequiring removal viLwseesdlspiays.IneLe%sOr may tNminate lhiSLeaseupdn g+ 9
wrltlcs[ notice at termmatrvn. logalB¢I with a co0y OI the building permit, 50n1 by «g'
the Lssso~ a rerund+n9 tv me Lasses the rent prevwusry Dmd for the unexpiretl p0ltrcn of Inist.ea:e beyond lha lermmalidn date Dlus tea total cast al the cormuucuan
end intremOVa101 Lessee 9dlspliYS, 1ea91/180tH al Sacn cast IOreaen lull mOnlh dl Ina Leese Of~de' OYe¢ nbllce W term[M1adpn.Tne LB56a8 agrePS ldremOVedSW%p By
noes ndt commeneb lee WnstNetign'wdnm nlnely(90t daYaaflar lhediSDlay%have beEn reRlOyed. tea Leasaema^. a^tl^
. _____. _ ~ ___.... ,, nnhurse the Lessea(Orvta masonabla azperueam replacing Ne
opnen, rm.~~.+._...._______, rtlonsmrr[e vrvw•v o•°.._.____.
Lessee sdi.Play9On the Lessors PraperN• I f any W
tnrsemelerms. except that tffe renlsnallhe eguilapty reduced if the highvrayvlaw Or the tlsplaY'%lesa tnenw ~
stated Herein shall not exiatand pnnOtbe exercised it the demised pYemas¢>~sna~t~~mm~adortaken by Dower Olemrnent domam,Orit thepropenY is canw.ye o
an amity stung as Or on OenaltafaM pubtw entity vmmn Has the Pa
lg.lfatany rime me nighvaY riew of the Lessee'sd'uonys to abetrutted or oescure0. brthe advBrttaingvaluaottne displays la impaued vrdiminlsnetl.or au e
or inslailation 01 such tlisDtaya is prevented or restnmed by law or0y tea Lessa• s «gb~tiry lO abrain any necessary permitsar hdansex Or.1 tneLessee.s unable, torany
period vlnmeNl°°l consewtlvedays ormare. to securoand rnaimatnaawtable aa.enisngmntract ear tea displays. or it enereaceurs adiversivn of list a ram. ra
the Les:Dees dtsplsys, the Lessee rtray, at its option. terminate thisleasa pyginng tneLeesor lirteen 175) days
mange in the drrecllon of irablc On highways Iea01n9 past
..............°.nmratundlo the Lesseethe rani prevlou%IY pardt0r tneanex0°nmleasa~ba MbBed [van abatemmml elntvaYaO eherau derd4~ne
meDanodsucncondrti0nsaranYofGtemexnl,and o
17. All slnrctures. dlaPlays and materials placed uDOn tnesaid pro0eny by inelessaearelessee'atracelixtures and egwpmenlandsnallba andremam the es
sea's pr0perry. and may De removes oy ttw Lessee al any nine Drlbrlb orwdhmareasanabledlnealterthbtermrnahon of tnislaaseorany axtanslon tnerevl neLe%sor
occupied by the disDlsys tar iM1e purpose al aracbng, mamlamtng, enangmg or removing the d~sDlsYsal any lima
agrees to allow me Lessee rull access to the Property rO an Owned arconlrollad by
g Tne Lessor agrees nOl[O erect Or permitany Ptner parrytoerect any advefrsing displays Pr other idverusing matter on enyp P Y
o~ysr0a splays end tote Lesseans nrleey sum eietl oaremave any sucnnother a0verusingtls01ay 0r olner ovsvuc nat%apuonN aexure lee normar nignwayview
ta. Tne Lessee agrees to save lee LeSBpr harmless tram any and all claims cr demands an account al bodily injury or pnY%+cal property damage. causN by Pr
resulting from any negligent orwilnui act of the t.essees agents Or employees in the constntction, maintenance. repau, change or removal of tRaLeesea's dn0laYSOn
el act.Tnelessor agreestosave tneLea3eehartnl ss mm ny en0aavli claims ord¢manasoR acraunt of 0ad9Y mluN OrO Ys ~g P~P~W4 mage~aau~dbyatr resuitin5
Irom any negligent Orwullul act olthe Lasso:. - '
LEGAL DESCRIPTION OF LEASEG PREhttSE5ltar recording purpdsexl'
Staled!
county of
On Ibis
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1
of
raa
19__,belPra me. (Pont Name olNotaryl
YnOW n lb m0 (Or SatiSfact0"ny
the undersrgnea a""" ~ "°~-_..__, _. .
prpvenimba thepersOnwnvsenamensubscribed tolneabove[ -
axacute0 tea Same for lee u3tl and P W Ddaes nerern cpnlarnad~
In Witne33 wne[apf, t nave hereunt0 set my hand and Official seal,
EXITING STRUCTURELEASE LP: SCR WARRANTS THAT SINCE
.... __... 19.. ..
OP EAALIEA.THIS LOCATION HAS BEEN OCCUPIED 8y THEE%I$TIN
OwN PROPEPTV N LE~OR HEFEOYn StGN58 tJ LFSSPL-E AA~OF
LPS$OA'S RIGHTS TO SUCH $iRUCTUFE.
LESSORS
SIGNATURE
--`'~~ (5[gnalure of Otticeq
lTrtl¢Of OlncerJ
My CommI531dn,ExDUes
=1 -'. ".
19 ---
sty i "3i-
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L P.O. BOX 638 TELEPHONE: 303/237-6944 The Crty Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
August 8, 1996
This is to inform you that Case No. WA-96-19 which is a request
fo r approval of an 18' billboard height variance to the 32'' billboard maximum
height allowance for an existing billboard in the B~2 zone district
for property located at 6285 W. 48th. Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7.30 P.M. on August 22, 1996
All owners and/or -their legal counsel of the parcel under
consideration_must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the_Planning Division. Thank you.
F
PLANNING DIVISION
"Tlze Carrzntion City"
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: August 22, 1996 DATE PREPARED: August 9, 1996
CASE NO. & NAME: WA-96-19 / 3m Advertising CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by 3m Advertising for the approval of an 18' billboard height
variance to the 32' maximum billboard height requirement.
LOCATION OF REQUEST: 6285 W. 48th Avenue
NAME do ADDRESS OF APPLICANT(S)
3m Advertising
4650 Dahlia Street
Denver, Colorado 80216
NAME & ADDRESS OF OWNER(S)
Jack and Bernice Majar
200 South Garland Street
Lakewood, Colorado
APPROXIMATE AREA: approximately 34,425 square feet
PRESENT ZONING: Commercial-Two
PRESENT LAND USE: Commercial
ZONING: W:, E:, and S: Commercial-One, N: Residential-Two
SURROUNDING LAND USE: N and E: vacant W: light industrial,
S: Interstate 70
DATE PUBLISHED: August 2, 1996 ~~~~
DATE POSTED: August 8, 1996
DATED LEGAL NOTICES SENT: August 8, 1996
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: (XX) ( )NONE
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( )SUBDIVISION REGULATIONS ( )OTHER
JURISDICTION-
The property is within the City of Wheat Ridge, and all notification and pasting requirements have
been met, therefore, there is jurisdiction to hear this case.
Board of Adjustment Staff Report
Case No. WA-96-9
1 REQUEST
~9~.- ~
Page 2
The applicant is requests g a 18' billboard height variance to the 32' maximum billboard height
requirement. Currently there are two, four (4) post billboards on this site. The applicant is
proposing to relocate the western billboard to 4909 Marshall Street (refer to case WA-96-16), and
would like to replace the existing four (4) post billboard with a new, 50' mono pole billboard. If
approved, the billboard will stand 50' above the grade level of West 48th Avenue.
According to section 26-412 (c)(4) of the Wheat Ridge Code of Laws, no billboard shall exceed 32'
in height, with that height measured from the ground level at the base.
The applicant believes that a hardship results in the fact that the site has a mature maple tree
located between the site and nearby Interstate 70 (I-70) and that, because of the location, travelers
on the nearby 1-70 (to the south), cannot see the billboard because of the existing grade differential
between I-70 and the site.
The billboard has existed on the site since 1973 (refer to attached), and apparently 6285 West 48th
Street was a chosen site by 3m Advertising. Since 1973, there has not been any change to the
grade between I-70 and 6285 West 48th Street, nor has the existing mature maple grown in such
a significant manner, based upon Inspection by the City Arborist, Bill Cassel.
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for an
adjustment:
9. Can the properly in question yield a reasonable return in use, service or income if permitted
to be used wily under the conditions allowed by regulation for the district in which it is
located?
Because the billboard has existed on this site since 1973, and apparently has been selling
advertisement to businesses during this time, the billboard in question may continue to yield a
reasonable return in use, service and income if permitted to be used only under the conditions
allowed. If the billboard were removed, the property is zoned and used for commercial purposes,
therefore a reasonable return on the•groperty will continue.
h,-~,~z..A o'f' ^~ ~~i`^,`bt" a~ f~~`"°z`.~„^^`.D I2-,3 r\u,ul~,~.
2. Is the plight of the owner do to unique circumstances?
The applicant is stating that the plight in this case results from the lack of visibility from nearby
Interstate-70, due to the difference in topography. Throughout Wheat Ridge, there are' numerous
locations where the terrain varies from one elevation to the next, creating terraces for which various
buildings are placed upon. Additionally, the existence of the trees Is not unique as well. Trees are
required landscaping for all commercial uses. Because of this, the plight of the owner is not do
to unique circumstances. ~ c ~~~ C~-T ~~~ •~ ~-r,ua
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3. H the variation were granted, would it alter the essential character of the locality?
Because the immediate vicinity does not have any billboards that exceed the 32' maximum billboard
height requirement, the essential character of the locality could be altered should the variation be
granted.
3M -' 4~0~
4. Woutd the particular physical surrounding, shape or topographical condition of the specific
properly involved result in a particular hardship (upon the owner) as distinguished from a
mere inconvenience if the strict letter of the regulations were cartied out?
The specific site in question is topographically recessed as it relates to nearby Interstate-70. The
applicant was aware of the site's topographical condition 23 years ago when they located the
billboard on this site, therefore the hardship was self imposed.
3 n - ~+ avJCl~. on,, c~ r-i.~~n.~~h~ v'~ men In an ~l~a.,,,~ed.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other properly within the scone zoning classification?
Because the variation, as well as any other variation, is based solely on a site-by-site basis, the
conditions upon which the petition is based upon would only be applicable to a variation for this
site only. All other cases would be reviewed individually.
~~~^
6. IS the purpose of the variation based exclusively upon a desire to make money out of the
ProPe~
It is the exclusive desire of the applicant to make money solely upon the visibility of the billboard
on this property. But, as stated before, the billboard has been on this property since 1973. There
has been 23 years of service pertormed on this site for which the applicant has been able to
~ poo~ide a service for their clients.
inn -n5 i ~' c~C.~' VDw~Qi.~t~c~ .
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Because the applicant knew of the site and it's recessed proximity to nearby Interstate-70, the
alleged dltticulty or hardship has been created by the applicant.
3n1 ~ ~&es ns~ 1,x-t~~a.se 3,~ L~,~,.Me.IA k-c~,i.~Qs~n~ `becsvwzc -h2eeQ wr~2 ~"" ti"i, ~- ~o'f-
8. Would the granting of the variance be detrimental to the public weHare or injurious to other
property or improvemerds in the neighborhood in which the property is located?
No, the granting of the variance would not be detrimental to the public welfare. Yet, approval 04
this variance may be injurious to the potential development of nearby properties in that a 50°
billboard creates a negative visual impact. A billboard of this size might dwarf a nearby business
obscuring their advertising.
3+n ~ ~o ,
9. Would the proposed variation impair the adequate supply of light and air to adjacent
properly or subutantially increase the congestion in the public streets ar increase the danger
of fire or endanger the public safety or substantially diminish or impair properly values
within the neighborhood?
The proposed billboard would not impair the supply of light or air to adjacent properties, nor would
it increase congestion. As previously stated, the billboard has existed since 1973, no formal
complaints have been reported regarding the location of the billboard.
III. STAFF CONCLUSION AND
As it relates to the above criteria, staff concludes that the findings do not support approval of this
variance, due to the fact that the hardship was self imposed and no unique circumstances exist on
the site which would warrant approval. Therefore, staff recommends DENIAL of case WA-96-19.
Should the variance be approved, staff recommends the following:
1. A certified, stamped engineers survey must be submitted, with the building permit, which
calculates wind load and shows the elevational relationships between nearby Interstate-70
and the property.
2. Redesigned billboard must comply with all other development regulations stated in section
26-412, of the Wheat Ridge Code of Laws.
National Advertising Company
4650 Dahlia Street
Denver, CO 80216-3221
303 393 7446
303 322 3384 Fax
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MAP ADOPTED: June I5, 1994
(r Last Revisia~::onwry 9, '995 • DENOTD-S MULTIPLE ADDRESSES - - - -_ - -
p?ATI"Eh' 0= ?_hNM~6 P10 ~aW"sk7 - 35-7852
STATE OF COLOItADQ
Region G Mainlen<'mce
5640 Eas Atlantic Place
Dcnver,Coloradb80224
(}037757A514
City of Wheatridge ~ June 25, 1996
Department of Community Development
c/o Mr, Shawn McCartney
P.O.Bax 638
7500 West 29th Ave.
Wheatridge, CO 80033
RE. Proposed National 3-M Billboards, along i-70 in the City of
Wheatridge
The Department of Transportation has determined after reviewing the
proposed locations for Billboards along I'70, that the four locations
would comply with State and Federal outdoor advertising laws.
The location at I-70 and Kipling, Northwest corner, on the "Pig Skins"
property, would comply if the sign is located on the most westerly
portion of the property,(approximately 65o feet, west of the center
line of kipling Street.
The location at I-7o and I-76 on the "Ready Mix" property would comply
if the sign location is 500 feet form the existing billboard on the
D.A.V. property-
The last. two locations, xorth of I-70 and west of Harlin Street, would
comply if the signs were installed 500 feet apart_
If you have any further questions please contact me at the Colorado
Department of Transportation, 5640 East Atlantic Place, Denver, CO
80224, 303-757-9514.
Si, rely, ~,
!//Jv^1J
/J m Maulis
Roadside Advertising Inspector
cc Bill speck
file
TOTRL P.02
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-96-19 DATE: August 22,_ 1996
REQUEST: An application by 3M National Advertising for approval of an 18'
billboard height variance to the 32' billboard maximum height allowance for
an existing billboard in the B-2 billboard overlay zone district. The property
is zoned Commercial-Two and located at 6285 W. 48th Avenue.
Position On Request;
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. WSEAT RIDGE BOARD OF ADJCTSTMENT
MlivuiaS OF MEETING: August 22, 1996 Page 2
2. APPROVE TSE ORDER OF THE AGENDA
Motion was made by Board Member ECHELMEYER, seconded by
Board Member JUNKER, that the agenda be approved as printed.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC SEARING
A. Case No_ WA-96-16; An application by 3M National
Advertising for approval. of a 32' billboard height variance
to the 32' billboard maximum height allowance for a
billboard to be re-located within the B-2 billboard overlay
zone district. The property is zoned Light Industrial and
is located at 4909 Marshall Street.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
• Board Member MAURO brought to the Board's attention that the
posting for this case had not been up for the full 15 days
required by law prior to the hearing. Discussion followed.
Motion was made by Board Member MAURO, seconded by Board
Member HOWARD, that Case No. WA-96-16, be continued until
the next scheduled meeting in October. Motion carried 8-0.
B. Case No. WA-96-19; An application by 3M National
Advertising for approval of an 18' billboard height variance
to the 32' billboard maximum height allowance for an
existing billboard in the B-2 billboard overlay zone
district. The property is zoned Commercial-Two and located
at 6285 W. 48th Avenue.
Board Member HOWARD brought to the Board's attention that
the posting for this case had not been up for the full 15
days required by law prior to meeting date.
Motion was made by Board Member HOWARD, seconded by Board
Member JUNKER, that Case No. WA-96-19, be continued until
the next scheduled hearing in October. Motion carried 8-0.
C. Case No_ WA-96-24; An application by Gene Pastor for
approval of a 3'6" side yard setback variance to the 5' side
• yard setback requirement to allow a detached garage 18" from
the side property line. The property is zoned Residential-
Two and located at 3815 Carr Street.
• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 10, 1996 Page 5
The re-designed billboard must comply with all other
development regulations stated in Section 26-412 of the
Wheat Ridge Code of Laws.
The billboard be oriented perpendicular to Interstate
76.
Motion was seconded by Board Member JUNKER. Motion carried
5-1 with Board Member HOWARD voting no, and Board Member
ECHELMEYER abstaining. Resolution attached.
B. Case No_ WA-96-19: An application by 3M National
Advertising for approval of an 18' billboard height variance
to the 32' billboard maximum height allowance for an `
existing billboard in the B-2 billboard overlay zone
district. The property is zoned Commercial-Two and located
at 6285 W. 48th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which. Chairman WALKER
accepted.
• Mr. McCartney pointed out the location of the tree on the
owner's property on the slides.
Board Member ECHELMEYER asked will 3M remove the existing
sign west of the building, and Mr. McCartney answered yes,
it will be moved to 4909 Marshall Street (the previous
case). There will only be one sign on the. east side.
Mr. McCartney added if this request is denied there could be
placed in the motion that they could rebuild the sign up to
32 feet. The sign is currently non-conforming and that is
why it would need a motion. Discussion followed on non-
conforming structures.
The applicant, Dawn Lumberg, representative for 3M National
Advertising, 4650 Dahlia Street, Denver, CO, was sworn in.
She wanted to explain what they are attempting to
accomplish. The sign will actually be 32 feet above the
grade of I-70 and the structure will be changed from a four
post to a single post which is a lot safer..
Ms. Lumberg commented on the nine criteria. There was not
much vegetation problem when the sign was built in 1973, but
as the years have gone by the trees have grown. A lot of
these trees were planted by CDOT and are on the right-of-way
and that is one of the reasons they want to make the sign
• taller. The income from the sign has been lowered for both
owners over the years because the visibility has lessened.
Therefore, she feels the circumstances are unique.
. WSEAT RIDGE SOARD OF ADJUSTMENT
MINUTES OF MEETINGe ®ctober 10, 1996 Page 6
The character of the locality will not be altered because
just 200 feet east on 48th Ave is a sign over 30' high, and
also the sign in the VA parking lot is well over 32 feet
high. Photos were entered into record, labeled Exhibit 'A'.
Along with upgrading income, they would like to upgrade the
sign to meet current codes. Ms. Lumberg said changing the
sign to one pole-will reduce vandalism as it has in other
parts of city. Ms ., Lumberg feels everyone will benefit,
including the city, from the upgrading of the sign.
Board Member THIESSEN stated again for clarification that
the sign is currently 32' and the applicant will add on 18'
to make the total height of the billboard 50'. Two photos
were entered into record, labeled Exhibit °B°.
Board Member HOWARD asked what is-the square footage of_the
existing sign, and Ms. Lumberg replied 672 square feet.
Board Member HOWARD wanted to know the setbacks on the east
property line, and Ms. Lumberg believes 50 feet from 48th
Avenue to the edge of sign. Board Member HOWARD asked if
• this will be a two faced-sign, and Ms. Lumberg said it has
not been discussed at this point, it is only one face now.
The owner of the property, Bernice Major, 6285 W. 48th
Avenue, was sworn in.
Chairman WALKER asked if the tree that is in the way of the
sign on her property, and Ms. Major answered she does not
actually know because the tree is-right on the edge of the
road.
Chairman WALKER asked if the tree could be replaced with a
smaller tree and Ms. Major said this would not seem a good
option because she is a 'tree person° and feels nature
should take precedence. Mr. McCarthy interjected if the
tree is on city property, the city arborist would have to
approve of the removal. Ms. Major added there are trees
further east, so there are more problems that just this one
tree.
Mr. McCartney said to clarify a concern brought up, the on-
site sign is known as a free-standing sign. The city
regulations read that a sign located within a quarter mile
of a freeway can be 50 feet high.
Board Member HOWARD wanted to know if someone purchased the
• empty Commercial-One property to the east and put up a
structure what would the setback be, and Mr. McCartney
• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 10, 1996 Page 7
replied a 50' frontyard and a 5' sideyard. The allowable
height would be 50 feet.
Board Member ECHELMEYER asked if approved, would the sign be
the way it is on the larger blowup, and Ms. Lumberg answered
approximately, and explained further the difference between
the two pictures.
Board Member ECHELMEYER asked if being only one sided would
change relationship to the number of permitted billboards,
and Mr. McCartney replied no as billboards are counted per
structure, not per face.
No further questions were asked. --
Motion was made by Board Member HOVLAND that Case No. WA-96-
19, an application by 3M Advertising, be DENIED for the
following reasons:
1. The Board finds that based upon all evidence presented
and based upon the Board's conclusions relative to the
• nine questions relative to justify the variance, the
evidence and-facts in this case do not support the
granting of this variance.
2. Due to the fact the hardship is self-imposed and no
unique circumstances exists upon this site which would
warrant approval.
Board Member THIESSEN stated she is in favor of the motion
because there is no unique circumstances. The obstruction
is not that great to grant this large of a variance.
Motion seconded .by Board Member MAURO. Motion carried 6-1,
with Board Member ECHELMEYER voting no. Resolution
attached.
Board Member HOWARD asked 3M if there any intention on their
part to upgrade this sign, and Mr. Osterloo answered
possibly. Discussion followed.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
•
• CERTIFICATE OF RESOY~UTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that 'the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 10th day of October, 1996.
CASE NO: WA-96-19
APPLICANT°S NAME: 3M National Advertising
LOCATION: 6285 W. 48th Avenue
Upon motion by Board Member HOVLAND seconded by Board Member
MAURO , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officerg and
WHEREAS, Board of Adjustment Application, Case No. WA-96-19
is an appeal to this Board from the decision of an Administrative
Officer® and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it® and
WHEREAS, the relief applied for MAY NOT be granted without
detriment to the public welfare and without substantially
• impairing the intent and purpose of the regulations governing the
City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-19 be and hereby is DENIED.
TYPE OF VARIANCE: A 18° billboard height variance to the 32°
maximum height for an existing billboard
FOR THE FOLLOWING REASON:
1. The Board finds that based upon all evidence presented and
based upon the Board°s conclusions relative to the nine
specific questions to justify the variance, the evidence and
facts in this case do not support the granting of this
request.
VOTE: YES: Hovland, Howard, Dunker, Mauro, Thiessen and Walker
NO: Echelmeyer
DISPOSITION: Motion for denial of the request carried 6-l.
D D this 10t'h/ day of October, 1996.
OBERT WADER, Chairman Mary L~uChapla, Secretary
Board of Adjustment Board odjustment
7
•