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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 ~~~ ~~/~ ji ~ff 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/$3 Ovmer ~~ ~~c~rA/ei('~ ~~.f~~' Location b~ request '~~' '~, / . Type of action requested (check one or more of-the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan 'approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision - __ 8 Preliminary Final (] ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change_ Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat - Solid waste landfill/ mineral extraction permit ^ Other NAME •, ADDRESS ~ _ PHONE I certify that the information and exhibits herewith submitted are true and correct to the best__of my knowledge and that in filing this application, I am acting with the knowledge and consent of_those persons listed above, without whose consent the .requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on-his behalf. Signature of Applicant- _- _;,, -- ~F~~b~3' ed and sworn to me this ~ day of (~(ln~l_~_, . 19 g~_ ~f LOU PL14 My commission expires 1-~,~ ~y Receipt No. _ Case No. List all persons and companies who hold an interest in the described real. property, as owner, mortgagee, lessee, optionee, etc. ^~ Y RECEPTION N0. 93160374 `~ RECORDED IN COUNTY OF JEFFERSON QUIT CLAIM DEED t '.iNNpN X~ V ~~ c-. r:` ss- , . ~- ?_ -~: w qe~f 3.00 STATE OF CtlLORADtl JACK E MAJOR ANO BERNEICE M MAJOR who°eaddressi°2011 OUITMAN ST., DENVER, CO 80212 CITY AND County of DENVER ,and State of COLORADO ,for the consideration of LESS THAN FIVE Dollars, in hand paid, HUNDRED AND NO CENTSC$SOO.OO) t- 10/07/93 14i37~~-= . ~.. ~I~~ 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 ._ ~~ a+ t.: ~..: { _f~ q ..._4~ ~. [: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 _ °° , ,. .w~:: 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~ - _.. ,,, ~ .~ : Dainm .-~ IM.risai.,otrt'rttA1MCRYat~r.rk,eJ inrMa,rils.wtrex2`m-ronMaxe-net . r ..3~1 r1^. ..\- M,+exe rt'NMeMe' - " ~• ' AP?. Ib'. 19°6 2.O6PP11 3ili NATL ; LEASE AD'rdN STANOARpIF.ASE AGREEMENT . f•.en~r~:.u:. IICVM.cn 4/N:, Vl o! U I m at U I ° c v E c U_U E O ° a: a- ~ p. c o. c Ii 6 d U , U ~ U ~ w ° m 2 ~ ¢' ¢' ~ ~ O d-°a w ¢ 2 z :~ N m . O c : a :LL rp c a : m ~~ a ~ z _Q LL ~'c a 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 r.l u. 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 $iRUCTUFE. LESSORS SIGNATURE --`'~~ (5[gnalure of Otticeq lTrtl¢Of OlncerJ My CommI531dn,ExDUes =1 -'. ". 19 --- sty i "3i- ,k_ L P.O. BOX 638 TELEPHONE: 303/237-6944 The Crty Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge August 8, 1996 This is to inform you that Case No. WA-96-19 which is a request fo r approval of an 18' billboard height variance to the 32'' billboard maximum height allowance for an existing billboard in the B~2 zone district for property located at 6285 W. 48th. Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on August 22, 1996 All owners and/or -their legal counsel of the parcel under consideration_must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the_Planning Division. Thank you. F PLANNING DIVISION "Tlze Carrzntion City" ;;~ i W F C o~ ~ ~ C r ~ W N ~~ ,E /~ .,,,~ i., P6 7] ~~ i2 ~ •. ICI O y W a w ~ ~ o- ~ a ~®li i H~ ! nH~o I .41 N ~ v5 N i ro °m •C ~ O f ~ ~ i I x C/] ~ I h°a W _~ 7 .i _ _ ! 'SS3klOOtl Nl1N13H dO 1H01l13H1 ~ Ol 3dOl3AN3 d0 d01 ltl ki3NOLLS 30tl1d i1NtllkiOdWl j I _ i C L •~ O G ~ I Y ~ _~ • g ~ ~ U ~ a ~U , ~ m a W U i °w o - Z ~'+~, 0 ~ ~ ~ ~ ~ I y~ `' N ~ 4 . ~y Wl I ~J q i ? U W W `C ~N ~~ 0 w~ o 7J ~kry ~~$ iW 1t~ +? 6N+1 ~= ~ 056 E'Ih 096 d." 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VII ~ U N d 2a U ~~ ~.~ o mQ 3o m ~ ~ /~/ Uw ~ r ~ 0 q U .~ rl bA •rl ~a ~ ~~ ~~ " m ~+! ~~ ~ ~ < ~~ ~ ' ~ a w o ° - ~ =e ~ ~ w o o z= ~ ~ ov w w o s ~~ F < _ ~{ O N¢ V O - ~ u i ~ 2 d _ ' ~ ~ ~ ~ U ¢ ~~ W ~ 6h6 E'Ch a n i ~J ~~~ a ~~ 096 L ~(6 Q. ~ .~ :_~ ~ ++ L U U .i a 07 O ('~ ~ a ~3-.-~ d- .~-.~ C I~ ! t ---, _4~ :. ~._ O P 963 413 951 r-- (n w ; ~'~ 0 ~^~ ~ U) 0 M6 !T ~ G ym~ D D < T T y Z o ° vi o r ~ mf ~ ~ c o~ m m ao v o m ~~ m v im m a oa Ip ~~ P 960 413 948 ~~ (~q _ 'CA , m m m ~7 ,. Z g = ~ ~ i -i m ~ z I ~~ ~ " ~~g ~ o Sa ~ d ~ M ~ ~ 1 M ~~ r a II I n >m ~ ? O S ('i m a ~ m r C ~ o0 < ~ ~ m W 3` o am m <m O ( y mo ~ a ~ tJ ~! ~ ~ a ~' m a N i~ GQ im ~ i ~ a g~ " <~ @ 8 C m 1~ 5 . Rm vY T ~ Ci ri ~ o I i j \ I I ~ ~ ~ =~ ~ f ~ ~ ~ • m 9 O 9 ~ ~ m I ~ MPORiANT! L PLACE STICKER AT TOP OF ENVELOPE'' ` L _a TO THE RIGHT OF RETURN ADDRESS ~~ w~ d+af N C_ V n` O _~_ O - -~ c °"7 - 7J ~„,,,~m a. ,dIC -- m ~~/, i, m ~ -- ~ ~ ~' ' fD~ ~7 a,wt' w ~m ~ .. ~ ~ r; -~!-tom '~ o C, c7 i~ rt ~ {4 ~ .-. C N *i I'' a m `~ ~~ H R M. J /~` ~ '' 'Q -~ o o ,m D U ~ a ~ a ~ m ~ ~O ~ ~ ~ °i J Q W ~ O: M W F~J Fa a'~ w O D ~a N C d ¢ym` w Q Q 0 w m 0 O m `G T m Q O `K ~% ~~ rt p R Q w .. ~, tin m 2 m T F gG m ~ s '~ ~m ~Aa ~~~ y ~ 3 m a o^J ~ m -~ ~. ry o - $ q !n 0 O N 3m ~a _o ~~. ~ o ~ ~ _ n Q o ~ F 3 ~ ~ `~ °m m° ~ ~ ~ ~ 3 $ ~ a D o ~ N ~ E . Z a =~^0~~. Q ~ D D ~ O ~° a i ¢ < f. l ~ n ~ m ~ 3 m y m o- m ~. O y_ o ~ m ¢ ~ m N `~ N .K. ~ N d fU a~ .a~_ o, ~ ~ o N F 4 ~ s :3 ~ a ~ ~' ~ ~ ~' ~ 8 m ~~ s" N ~ 3 @a pp~ ~ S m n ~ m ~ ~ ~ _ 3 o _ m a a n N ~ N ~ O F _ 3 ^~lOy o ~ D D ~' O .C ~ 'a m a c g. ~ ~ n y ~ ~ W 3 m ~ ~' ~', o N N O N N O O N r _ ~ ~ D ~ ~ a m Da m m m m 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 3~,.t ~ s,(e5, 'hettwtix. ~n.+.~/kscxyaw7 ~unnr.:( 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 et`~ x~` ~~ Q o~¢~ v~' c~~c ~f1 ~~ a 1 ~~.5~5 w ~ uss'"' ~~~ ~a~snN ~ d' J Cjp`h G~~~,E~ ~ P,r . ~~, .y v~h~ n~ P V ~ ~ ~~ CAS ~ ~~ a x`^'y , 4 1` ` 2~i5 ~~/ ~06 ~.~,4. ~~i?.. ~~~ Form kAh) 1~~~f; J ~~~ _6~, a t 1 ~ i ~ L --- - ---- _ W J C f i N I J Q N I S r I~~;°~ '\ ~': 1I1 r~•-f+) ~•~•I -'•'~ :•ii _ .. ii .:~ "r -~ ~~i t1 !:-a .-.~~ t ~:/ F .; ... ~ ~ w `- ~ w X985! T C.~as~ wn.- 9~ • i9 O~~I GI ~L ~---~ I00-Y.AR FLOOD PLAIT`I ~ I!`I ZONING Mt'cP `~~., ZON'o piSTRIG BO'JNDRYI llYlee "`lll ~.~r _,~ - ~~~ ~ ~ ,~ l~IH~f~~ R I DG~ - PARCerL oT BauNDRY """' (DESIGNATES OWNERSHIP) GOLOR~DO - ~ + CITY LMIT LINE SGPlc I -400 .. _ _ _ WATER FEAT. IiRE - . 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; 1 ~ i I - ` 1 I -- - 1 .., .. 1 1 r 1 I 1 1 1 ~ I - --_--.. 1 _ .. . _. -, 1 ~ r -~ 1 1 1 1 , 1 1 1 ' ' 1 1 1 1 1 I I 1 I - 1 -.. - - 1 ' _ , ---- - - - _ - - , 1 1 1 1 I I 1 I - 1 1 , 1 1 . -- 1 i 1 1 1 - - - ---- 1 1 I 1 -- - ---- -- -- 1 I I 1 _-.__.._ __ _. 1 1 1 1 .: 1 1 1 1 _._ _. ' 1 1 i 1 1 i - i i ' 1 - 1 ' 1 - 1 1 1 1 1 1 1 ____ 1 1 1 1 ; 1 1 1 1 _ _ _ _ _- _ 1 .1 1 I 1 I _ 1 1 1 __ _ 1 1 1 1 1 1 ~- I. 1 1 1 1 1 1 __ 1 I _.. 1 - - 1 1 1 ~ -'- f- __ - 1 1 1 - 1 1 1 1 1 1 1 1 _, ,_ 1 1 . ~-_. .I I _.______-__.- I I -- - 1 - _,_~ ... I 1 I I - I ~ - 1 1 1 I _ i t 1 1 1 I _. - - . 1 1 , 1 1 _ .. _ . r... 1 1 I 1 ~ 1 1 ; I 1 I 1 I ~ , - 1 1 _. __-_ 1 1 1 1 1 1 1 - _-_.___- _ __ _. 1 _. _ _ I 1 1 1 1 I 1 _.. _ - - __- 1 -_ 1 1 I 1 ; ~ - 1 . ' l I , f 1 1 I 1 1 i ~ 1 _ _ 1 1 1 1 1 1 1 1 1 1 1 1 I I I ~ ~ 1 1 1 1 1 1 1 1 1 1 1 -: -1 __ 1 1 1 ..__ - ~_ 1 _~ - 1 - 1 1 1 1 1 1 _ _ _ .~. .~ ; 1 1 1 I 1 ___ 1 I _ 1 __ ___ 1 .. 1 1 ~ __c`__ 1 __ ~ ~ ~ 1 1 ___ 1_ ___ _m! ~i . 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 •