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WA-97-23
PUBLIC FIEARING SPEAKERS' LIST CASE NO:_ WA-47-23 DATE: September 25, 1447 REQUEST: An application by Domenic Antista for approval of a 4'6" frontyard setl3ack vart:ance to the 5' frontyard setback requirement to erect a 6' sign. Tfie property is zoned Restricted Ccmmercial•-C~ne and located aic 8850 GI. 38th Avenue. The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~~eN;~ U. ~i,,-f-i5"'~aj i~~S Address~•~~} w, ~~~ Phone X33-oa'7 Owner lx)1,-.V rrrou~ Address//by~1~i~~a ~~is ~r~ Phone X33-E~~,7~, Location of request gg~"b ~. 3 ~~ ,A-~ - wln~f-~~2~,~'Q~ 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 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 Detailed Description of request ~'o,.~ Q. c{~~t' ~~C.'~< /~~~ ~, ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee,-etc. NAME ADDRESS 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 £rom the owner which approved of this action on his behalf. Signature of Applicant Subscribed SEAL Received commission expires ~>J ~d f ~J r/2~/K-~ Receipt No. Coo3rapf Case No. WA•g~"• ~ ~i o ~ ~.; ~ G N ~, ~ ~~ '~ ~ ~ Q ~~ ~ ~. ~ ~ ~ ~.:. ~ G `" °c ~ c~ (cl~ ~ n~° ~ G ` aly rC: ~~ ~~ C r~ ~~ ~~ ~ ~ ~ ~ ~~. ~ ~ .~, ~' ~ nti ~ ~. 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FFF Z ~~,~ Y J- z .~ ¢ ;; z < I Z r a '-. ~ i i j ti ! i E Gy. ~ ~ r ~ ! ~ ~ j ~N 'Y LL t X ~^ :J 4 .~ J _- '2 T :y ti i ~ 4 i. ~ a :, :. ;, , a C• ~ ~ G ,•. U ? l ` Z C ? J .-: t u: a v a it w e w rzZF W ~ ~ ~ 11 Q M ~~~ =~~Q U a U C m y ~ W ~ ,~ D Wk W ~~~, y^ O I ~, _.... ^._...._.._._._.__._. N P O 60%638 TEL EPHONB 303/2376944 The City o/ 7$00 WEST 207H AVENU@ - W! TEAT RIDGE COLORADO 80034 wheat ~- ` ` ' Ridge POSTING CERTIFICATION CASE N0. (,t)A-Q~- a3 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, c n a m e~ residing at ~~sp Gi7r 3~~ ' Aye. ,. ( a d d r e s s as the applicant for Case No. (,J~-~'7- d3 hereby certify that I have posted the Notice of Public Hearing at ( l o c a t i o n' on this ~~ ~ day of ~-~yy~~~,n 19~'T 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: ~~~~~,-~ /~ L~~,/O NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Departroent of Community Development. ~ ~igti ~a ---------------- 'gS?~' i~cr~ - - ~___. ~__ M A P ~ ' I K rt't P 2' 7500 West 29th Avenue -Wheat Ridge, Colorado The C;ty of Telephone 303/ 237-6944 Wheat . ~ Ridge September 9, 1997 This is to inform you that Case No. A- -2 which is a request for apr?roval of a 4'-6" fornt vard setback variance o the 'front yard setback requirement to erect a 6' ign for a prope~y zoned Restricted Commercial One and located at 8850 Wect ~sth Av nue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at •30 m. on Thursday~ptember 25 1 97 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 desires to review any plans, please contact the Planning Division. Thank You. PLANNING DIVISION "The Carnation City" . .-.___ _. ._... .. .~ _'- ~~ . N - ~ W ~ fll a ~ ? o s ~m o X ~' ~ ~ ~ 3~ ~v P 963 361 59q J ~~ t ~ n ; H g ~~ ( _~ ~~ 41 ~ ,, ~ 4~ Od AO ~'y .. ' 9 - W tB - r+ , 3 ,~ u m 1~ fyll RI f911 I ~~`- _ ~i Q K ~ ~ " ~ `~ ^ N D_ OV y a `$. ~ a O ° U1 Rl D m C 1 s - - ~_ ~ ~j ~ ~ ~ ~ O ~ ~ g N ~ ~ 1 m y z _ ' - ~ m ..a ' i f o y W da Q 1 w „2~ ~ o ~ ~ v rt i, j i3 ~_°n • U 1 "~ = ~ D ~ .. ~ 3 ~ m o y O ~ V f an I 0 O N() 1111 - _ °° 4 m ° -" r 2 - .- ° e i Ste . _ .. ...=_w'---a___.. j ~ cl • • y f 4._. T v N ~ D ~ ? 6~ ~m n a ~~ O P 963 361 595 ~' O^ _p 3 I c ~ m ~ ~ ~ ~_. 3 ~ ~ ~ N a _.z • - ~ -0 - (A {m m m ~ ~~- y ~ IR^' ~ +'i ' a F ~ ° 3 ~ _ Z < T C~ ~ m ~ ~ L ~' N ^. ' ST .... ~ . O y a a p A ~ I z - -i '.. C m Z ' H W G £ l n p^ O N O ~ _ ~ N A .n n ra ~ _ p S N ~ C W a~ ~ ~ d m _ ~ 3 m ~ ~ .... ~ - ~ ~. ~ ~ m' O ~ ~' z ~ ~ aQ o ~ ~ ~ 'r-~ 4 z°- ~ uNio n t ~ m °- ~ m ~ P 963 361 596 _ `" ~ ;~ m a a ~ H .. - _.. " C N ~ ~ _ PJ ' '+ O 6 9 p o ~ ~ ~ y ~ 3 . .9 - Cn m m m ~ t=- ~ a U ~ .K _ a F. ~ °, lL C a Q ~ O ~ RI -1 ~ ~ i .'~ C ID ~~.. o p o 0 3 ' M ~ I m ~` ,. 8 ~ ~. n 3 m ~ w ~ ~ ~ ~'SJ n am I ~-- -~ m j ~ ~/ G' ° a '~ m ~ ~ ~ R, ~ m co I m ~, ~ c R 46 m ~ 0 ~ ~m a n m ° m s fA I m ° ~ s d ~ ~~ + > 1 °m fn Es ;~ a I ~ ~ ~ w ~ ~ ~ ° m <) a M 1 I w `I Q ~ a ~ o oa ° ~ D I ~ ~ ~ y ~ ~ m O N ~ f _ ~ 'c N ~ tTl ~ w o- =. 77 D m o ~ Ha 37 ~°a ¢5£. I ~~ e 3 C y T Q' 3~ y y o ~ ~ `~ J7 ~' ~' I'II ~ m a m .-. N' ~ o m _rt ~ I 3 a (D O Q ~ ~ ~ ~ m < a 3 < ~ v 91 ~ D ~ .~ ~~a~~ /~ / i.(.~ f 'F p d ~ N~ N ^ S ~, --i I d ~ y N ~ m _ ~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO ~E -- TuF ¢Il:HT hF RFTIIRN 40ORESS, f P 963 361 5 97 ~ U1 (A D 9 fil < m c ~ !Il 4 Z W w ~ O R er ~ O ~w ~ n ai ~• 3C µ r o00 ~ o fl . CJ'F7 ° ~ '~ o m o ~ m ., $7 W 7"k A P7 ~ ' z o g m 0 V jj K v a ~; ' m° '„I ~ O ~ < i a O yz ~' v .. ~ C A m i aO 9 <y ~O W r <4 < ° o ~ 1d '~: ~ a 1 (p ~ ac l ~ ~ ~ -~ a J m ~ 1 IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO +_ _ THE RIGHT OF RETURN ADDRESS. - ~` :~ o "c R J ~O L ~ 1 ~~. -~ ,~ ~ o _ -m~4 w.:.. ~' ~~:-. w~ ('~~ p _ .:_ O :::-. r_- ~_. ~.- 3 ,..-- -~ ~~ (D z N I- ~ ~i Cro~ y Q N v a r D W • ~ •Ul D ~ > o'S ~RI ~ _ _ - ~ ~ ~ - D '-- ~ " m i _X y n a y m. JJ ~ .3 r-~ i n v o' ~ . u n.. n ~ 3 N ~ a d ~ - a F ~ n ' K r o _ c a ~ O' 6 N s~ ` ~ Y' N ~ o 0 ri r ; .{ J ~ o .Z ~. i 3 v m < e o _ o o _ m _ d J - ~" - d P O' n x o m o S a ~ n m d ~ n ~ ~' ~ 9 3 o ~ ~ a m ~ a m o m ld = ~ o o_ O J°~ O m N N H S o F _ ~ D~ -D ~ Z ~ y ^O pd < 7m 1 ~ ~ f ~ ^' ~ a m o . a ~+ a=F ~ TI ~ y ~ n' y Om r m v. m y, o N I ~ ~ y ~ n ~, ~~a~ ~.~ ~ x~ r 5 N y d N _ We.•a~•z3 ** C001 ** C001 ** C001 Ellen L Rozenthal Group WLV Bruce A Kupfer 8852 W 38th Ave 8850 W 38th Ave #B 8811 W 38th Ave Wheat Ridge CO 80033-4202 -Wheat Ridge CO 80033-4202 Wheat Ridge CO .80033-4201 ** C001 Robert S.Junge 8790 W 38th Ave __ Wheat Ridge CO 80033-4368 ** COD1 Thavone= Sosenginh 8811 W 37th PL Wheat Ridge CO 80033-5924- CITY OF WHEAT RIDGE - - PLANNING DIVISION STAFF REPORT -. ~-... - TO: Board .of Adjustment DATE OF MEETING: September 25, 1997 DATE PREPARED: September 17, 1997 CASE NO. & NAME: WA-97-23\ Antista CASB MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 4'6" front yard setback variance to the 5' front yard setback requirement. LOCATION OF REQUEST: 8850 West 38th Avenue NAME & ADDRESS OF APPLICANT(S) Domenic Antista 8850 West 38th Avenue - Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROSIMATE AREA: 15,808 square feet PRESENT ZONING: Restricted Commercial-Two ._ PRESENT LAND USE: Medical Office .. __ _._ __. SURROUNDING ZONING: I~: Residential-One, 43:and ~: Residential-Two, and . ~: Restricted Commercial-One SURROUNDING LAND USE: ~T:, W: and, ~,: Residential Single Family, and ~: Office \ Professional _ - DATE PUBLISHED: September 5, 1997 DATE POSTED: September 11, 1997 DATED LEGAL NOTICES SENT: September 11, 1997 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 posting requirements have been met, therefore, there is jurisdiction to hear. this case. Board of Adjustment Staff Report Case No. WA-97-23 \ ANTISTA I. REQUEST Page 2 The-applicant is seeking approval of a 4'6" front yard setback variance to the 5' front yard, setback requirement .to allow the erection of a frees-tanding_sign for the applicant's business. If_approved the new sign will be located 6" from the front property line. The applicant has established that hardship for this. request was created upon the redevelopment of W. 38th Avenue. At that time, the city requested the dedication .of 10' of_the property located at 8850 W. 38th- Avenue,-for -the expansion of the existing right-of-way and street. improvements. As the site plan shows, the city moved the existing landscaping and sidewalk 10' south, onto the property. Pursuant to section .26-410(e)(3J b_, freestanding signs 7' and under must- retain a front yard setback of 5_' from the front property line- The setback is measured from the "leading edge" of-the sign (a projection of- the sign face), not from the pole. Also,- according to_ section 26- 410(e)(4), all freestanding signs must be placed. within a .landscaped area.-- By placing the sign in the required landscape buffer, the- applicant is satisfying the landscaping requirement. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an. application for _a variance: 1. Can the property in question yield a reasonable return in use, service, or income if permitted to be used only under the conditions allowed by regulation for the District in which it is located; and, , Yes. There currently is an existing sign located on the northwest _ corner of the property. However, the sign is located off.-of the street. and is shielded by overgrown foliage.- 2. Is the plight of the owner due to unique circumstances; and, No. There are other properties throughout the city which have been required to dedicate property for right-of-way and have been able to function without the need of a variance: - Board-of Adjustment Staff Report Case No. WA-97-23 \ ANTISTA Page 3 3. If the variation were granted, would it alter the essential character of the locality; and No. Several properties-along W. 38th Avenue were required to dedicate property for right-of-way, therefore therefore other properties with non . conforming sign setbacks. Also, the applicant is proposing to located. the sign outside of the required 55' x 25' sight distance triangle. 4. Would the particular physical surrounding, shape, or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out; and, Yes. Due to the acquisition of land for right-of-way purposes, the applicant has less front property area to locate proposed signage; yet still has to meet required setbacks from the new property line.. The applicant may find an alternative location for the sign on the site, but staff is concerned .about on-site parking provisions and would not recommend the removal of any spaces. 5. Would the conditions upon which based be applicable, generally, zoning classification; and, the petition for a variation is to other property within the same Yes. .Anyone may apply for the same type of variance, but the outcome may not be the same. Variations are reviewed on a case by case basis. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, Yes. As stated before, there currently is a sign on the property but it is located off_the street ar~d within thick foliage.. The applicant is hoping the variance is approved so he can maximize the visibility of the sign. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, Yes.. Because the applicant is choosing to locate the sign within the Board of Adjustment staff Report Case No. WA-97-23 \ ANTISTA Page 4 established landscape buffer, instead of finding an alternative location, he is creating his own hardship. But, it should also ne stated that the previous right-of-way acquisition of 10' to the south_ remove some of the buildable area that the applicant could have utilized for-the sign location. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. If approved, the sign will be located in an. established landscape buffer, outside of public right-of-way and the required sight-distance- triangle. Therefore, approval of this-request should not be detrimental to the public's welfare, nor should it be injurious to other properties or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood, and No. Because .the request is for a variance to place a 7' sign near the. front property line, approval of-this request. will not impair the . adequate supply of light and air to the adjacent property, substantially increase she congestion in the streets, or increase the danger of fire._ 10. If it-is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished-or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Approval of this. variance purely for__individual benefit, therefore neither the neighborhood nor the community will benefit from this request. -- f .JEFFERSON COUNTY 01=~ 1 G I r~L ZONING M~~ f~IH~~T RIDGE GOLOR~DO -ZONE DISTRICT $OUNDRY - PARGEL/LOT $OUNDRY (DESIGNATES OWNERSHIP) -'-~~~ CITY LIMIT LINE '- - - - WATER FEATURE ~ DENOTES MULTIPLE ADDRESSES ~~ ~~ `_ o v ao w eeo .po SCALE I'~400 MAP ADOPTED= June 15, 1994 Last Revision: February 8, 1995 O~hR1T1ENT OF PLJJBVINfi MD ~EVH-OPFB.T -2354852 L:\DRAWINGS\PLANNING\D5\NE27 81~1f8M~'"$ $ 25fl51µ2tdAve.#4 ~~ x[22. 8S(y$ - c i. ._.._._.....,_..__..._.._...,.._... `s -R~~PMoce \ Pa~~ l~~ _ ~l sb ~h U - i J/-~-RL. By ~iim rn%e.C.E~ , >>~"ia: cSrc:Ti(i~ ~ ~~ i _... _. ~, I I \ ~ 1r TRir~7rJCi-iE .. _ _ - y_ F,ccssrAN~INrr4- - C ~. 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L i~ . )tea , ` ~ • ~.yy ~. r - •t ~ ~ _ ~~ , \~ `P ~'~ a Xn I ,,~ 7 ~ ` s ~/ y~ -.. ~ `ca.r~ I ~ L :q" U _ _ Lam. - ~Js s ''Zin , ~ _ _ _ aSk.~ ~, R. ~• ~ _~ - '~" CtrtV 1v2T O~D2 ..~ ~~~- ~ / v- 1/- Y ~' ., 1 C~.~f. ~ Trif. r1 r DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : 5574 BflftDfNG INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE Date : 8/1/97 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner : ' Property Address : 8850 38TH AV Contractor License No. Company: Phone :233-0272 Phone OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under this permit. (OWNER)(CONTRACTOR) SIGNED DATE Description : SIGN Construction Value : $1,800.00 Permit Fee : $15.00 Plan Review Fee : $0.00. Use Tax : $36.00. Total: $51.00 ..-~ h orifng:Commenfs _- Approval: Zoning Bui[din'g'Commenfs:; :_. _ ;. - Approval: ublicWorks Comments; Approval: Occupancy : Walls RI III hlNr; f)FPARTM F.NT USE ONLY SIC : Sq. Ft ~p-~.. _ Roof: Storie.,. ,,~,,,,~„~,a,~,,,~,. Electrical License No : Plumbing License No : _ Mechanical License No Company: Company: Company: - - - xpiratidn Date : Expiration Date : Expiration Date Approval: Approval: Approval: Plans Required'.-"'~ ~Pleris Required : ,:,.I ~,Piaris: Required: - -~ (1) This permit was issued in accordance with the provisions set forth in yopur application and is subject to the laws of the State of Colorado and to the Zoning Regulations and Building Code of Wheat Ride, Colorado or any other applidhle ordinances of the Ciry. (2) This permit shall expire if (A) the work zuthorrzed is not commenced within sixty (60) tlays from issue date or (B) the building authorized Is suspended or - abandoned for a period of 120 days. (3) If this permit expires, a new permit may be acquired for afee ofone-half the amount normally requiretl, provided no changes have been orwill be made in the original plans and specifications and any suspension or abandonment has not exceetled one (1) year. If changes are made or if suspension or abandonment exceeds one (1) year, full fees shall be paitl for a new permit. (4) No work of any manner shall be done that will change the natural flow of water causing a tlraina9e problem. ' (6) Contractor shall notify the Building Inspector twenty-four (24) hours in advance for all inspections and shall receive written approval on inspection card hefore proceediing with successive phases of the Tob. (6) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the provisions of the building codes or any other ortlinance, law, rule or regulation. Building Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION DEPARTMENT OF PLANNING AND DEVELOPMENT BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Building Permit Number Date 5574 8/1/97 Property Owner Property Address : 8850 38TH AV Contractor License No. Company: Phone :233-0272 Phone OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility far compliance with the Wheat Ridge Building Code_(U.B.C.)_and all other applicable Wheat Ridge ordinances, for work under this permit. (OWNER)(CONTRACTOR) SIGNED - DATE Description : SIGN Zo`r~iig~ o menu°' Approval: Zoning 8uilding_~C,omi~entsF. Approval: uGli~ Works Comments: s.~:~,_ Approval Occupancy : Walls Construction Value : $1,800.00 Permit Fee : $15.00 Plan Review Fee : $0.00 Use Tax : $36.00 Total: $51.00 BUILDING DEPARTMENT USE ONLY SIC : Sq. Ft. Roof : Stories : Residential Units Electrical License No : Plumbing License No : Mechanical License No Company Company: Company:' Expiration Date : Expiratiori Date : Expiration Date Approval: Approval: Approval: `Pl=ans RegliiFed--~' ~ plans~Requir'ed; ""'I ;Plans Regained= . (1) This permit was issued in accordance with the provisions set forth in yopur application antl is subject to the laws of the State of Colomdo and to the Zoning Regulations and Building Code of Wheat Ritlge, Colorado or any other applicable ordinances of the City. (2) This permit shall expire if (A) the work authorized is not commenced within sixty (BD) days from issue dale or (B) the building authorized is suspended or abandoned For a period of 120 tlays. (3) If this permit expires, a new permit may be acquired for a fee of one-half the amount normally required, provldetl no changes have been or will be made in the odginal plans and specifications antl any suspension or abantlonmenthas not exceedetl one (1) year. If changes are matle or if suspension or abantlonment exceeds one (1) year, full Fees shall be paitl for a new permit. (4) No work of any manner shall be done that will change the natural flow of water causing a drainage problem. (5) Contractor shall notify the Building Inspector twenty-four (24) hours In advance for all inspections and shall receive written approval on inspection rartl before proceediin9 with successive phases of the lob, (6) The issuance of a permit or the approval of drawings and specifications shall not be construetl to be a permit for, nor an approval of, any violation of the provisions of the building codes or any other ordinance, law, rule or regulation. Chief Building Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : 5574 BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE Date : 8/1/97 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner Property Address : 8850 38TH AV Contractor License No. Company Phone :233-0272. Phone: OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that lhale-read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under this permit. (OWNER)(CONTRACTOR) SIGNED DATE Description : SIGN Construction Value : $1,800.00 Permit Fee : $15.00 Plan Review Fee : $0.00 Use Tax : $36.00 Total: $51.00 BUILDING DEPARTMENT USE ONLY onmg'Co men"ts"i Approval Zoning ~l`ding" CoFnmeiifs Approval Pmt-`61ic Wo~ks,Commentsi Approval Occupancy : Walls SIC : Sq. Ft. Roof : Stories : Residential Units Electrical-License No : Plumbing License No : Mechanical License No Company: Company: Company: Expiration`Date : Expiration Date : Expiration Date Approval : Approval : Approval anslTe `uii~ed .:;:`1 ~P,lat~s.Require"d= ".'1 - q_~ _ --- P,laris Requir"ed'"`"~ (1) This permit was issued in accordance with the provisions set forth in yopur application and is subject to the laws of the State of Colorado and to the Zoning Regulations and Building Code of Wheat Ritlye, Colorado or any other applicable ordinances of the City. (2) This permit shall expire if (A) the work authorized is not commenced within sixty (60) tlays from issue date or (B) the building authorized is suspended or abandoned for a period of 120 days. - -- (3) If this permit expires, a new permit may be acquired for a fee of one-halt the amount normally required, provided no changes have been or will be made in the original plans antl specifcadons antl any suspension or abandonment has not exceeded one (1) year. If changes are made or if suspension or abandonment exceeds one (1) year, full fees shall be paitl for a new permit. (4) No work of any manner shall be done that will change the natural flow of water causing a drainage problem. (5) Contractor shall notify the Building Inspectortwenty-four (24) hours in advance for all inspections and shall receive written approval on inspection card before proceediing with suxessive phases of thel~ob. (6) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the provisions of the 6uiltling codes or any other ortlinance, law, rule or regulation. Chief Building Inspector THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION DEPARTMENT OF PLANNING AND DEVELOPfv1ENT BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 802'E5 Property Owner: Property Address Contractor License No. Company: OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGF2EEMENT I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wneat Ridge Building Code (U.a.C.) and all other applicable Wheat Ridgeprdinances, for work under this permit. ' ~ /% _ (OWNER)(CONTRACTOR) SIGNED-_ ~ /, ;~ ~ r '~+~b '- - ___ pATp /'7 -G' f Description S-i~rr~ -~, ')r-c-- BUILDING DEPARTMENT USE ONLY Z'oning~Cor~i mefits';l "T~Zilr,~- SIC:. Sq. Ft.: (`~ •`~~ Approval : 'vrr. Pte-, :~~ ~.s~L-i~.f-C. €.'"`(z l~ r i".u ~/~~ o;,;,,1{ Zoning ~ 7C' i B11dt g Co_ men S:I ~`~°<~ ~ t "'~~-r-r~~ - Approval: P,QEiIt'ciWbPK's'`Co rl-imenfs~ Approval: Occupancy : Walls : Roof : Stories : Residential Units ice(.-~. C~'Y. ~- ,7 S Building Permit Number Date Phone:.~~'~ - ~?~5'-C~ _~ IZ Phone: Construction Value : '(~~, Permit Fee Plan Review Fee USe TeX Total Electrical License No Company: - Plumbing License No Company Mechanical License No Company: Expiration Date Approval: E~P,Ean~TRetiIIit~3 Expiration Date Approval: ta~s,R_ _ ~dUit*a~i>~ Expiration Date Approval: (t) This permit was issued in accordance with the provisions set forth in yopur applicatlon and is sub'ecl to the laws of Lhe State of Coiaado and to the Zoning Regulations and building Code of Whea; Ridge, Colorado or any other applicable ordinances or ~e Ciry, (2) This perniC shall expired (A) Lhe work authonzed is not commenced within sixty (60) days fmm issue dale or (6) 0e binding authorized Is suspended or abandoned for a period of 720 days. (3) L Nis pertnil exprtes, a new pertnd may be acquired for a fee of one-hall Ne amount normally required, provided no Uanges have been or will be made in the original plans and spedlrations and any suspension or abandonment has no: exceeded one (t) yeas If Uanges are made or it suspension or abandonment exceeds one (t) year, full fees shall be paid for a new permit. (<) tac woh, of any manner shall be done Ihat will change the natural (low of water causing a drainage emblem. (5) Conlrador snail notiy the auiltling Inspector twenty-(our (24) hours ir, advance for all mspedions and shall receive written approval on inspection card before proceediing with successive phases of the job. (6) TTT ,issuance of a permit or the approval o! drawings and specifications shall not be construed to be a permit (or, nor an approval of any violation of Lhe provisions of- 'e/b~/ilding Ades or any other ordinance, law, rule or regulation. I /v ~. ~~ hief Building Inspector For Mayor THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION Y . ' P CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge. Board of Adjustment, do hereby certify that the following-Resolution was .duly adopted in-the City of Wheat Ridge, County of Jefferson, State of Colorado, on the .25th day of~eg P r 1997. CASE N0: WA-97-23 APPLICANT'S NAME: Domenic Antista LOCATION: 8850 W. 38th Avenue Upon motion by Board Member ABBOTT seconded by Board Member WALKER the following Resolution was stated. WHEREAS, the applicant was denied permission_by an Administrative Officer; and _- - WHEREAS, Board of Adjustment Application, Case No. WA-97-23 'is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 .days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge._ NOW, THEREFORE, BE IT RESOLVED that Board of.Adjustment Application Case No. WA-97-23 Ike and hereby is APPROVED. _ _ TYPE OF VARIANCE: A 4'6" frontyard setback FOR THE FOLLOWING REASONS: 1. By placing the sign in the required landscape buffer, the applicant is satisfying-the landscape requirement. 2. The sign will be placed outside of the sight triangle. 3. The request will not be detrimental to the public welfare, or injurious to other properties or .improvements in the neighborhood. ., '.. ~ Case No. WA-97-23/Resolution Page 2 4. This is a unique situation because the property line was changed when the applicant deeded;lS' to the City for. the re-alignment of w. 38th Avenue. 5. The face of the sign shall be reduced from 48" to 40". WITH THE FOLLOWING CONDITION: 1. The leading edge of-the sign .shall be a minimum of 5' from_ the rear sidewalk edge. VOTE: YES: Abbott, Hovland, Howard, Mauro, Thiessen and Walker NO: None DISPOSITION: A 4'6" frontyard setback variance granted by a vote of 6-0. DATED this 2 th d of September, 1997. ~~ IIL HO Chairman Ma L Chapla, Secretary Board of Adjustment Board of Adjustment Y rs WHEAT RIDGE BOARD OF ADJ[JSTMENT - - MINIITES OF MEETING: September 25, 1997 Page 6 2' fence height variance for the west side of--the property, be DENIED for the following reasons: . 1. The applicant does have the option of planting landscaping at any height. 2. The plight of the owner is not due to any unique circumstance. - 3. There are no other 8' fences from finished grade in the neighborhood. 4. The hardship in this case appears to be a civil matter. 5. The proposed 8' fence will noticeably impair the light and air to adjacent property to the west. Motion was seconded by Board Member THIESSEN. Motion carried 6-0. Resolution attached. asp n- wa- 7-23:-'An application by Domenic Antista for -approda of a 4'6" frontyard setback variance to the 5' frontyard setback requirement to erect a 5' sign. The property is zoned Restricted Commercial-One and located at 8850 W. 38th Avenue. Sean McCartney presented .the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Mr. McCartney believes the parking lot has the required- parking spaces for.the building.. The sign would only require the removal of one parking space, but staff does not want to see even one space lost due to the fact that the uses of the building could be changed in the future.- The sign will be located 5'6" from the sidewalk and clear of all sight triangles. Their minimum square footage for the sign is 35 square feet, depending on the size of the building. Board Member THIESSEN feels the size of the .sign becomes more of an issue the closer it is to the street and to the property line. Board Member MAURO asked if the reason for the proposed location is to have a double-faced sign that can be seen from both directions, and Mr. McCartney answered he does not v WHEAT RIDGE BOARD OF ADJIISTMENT - --_ MINIITES OF MEETING: September 25, 1997 Page 7 believe that is-the applicant's main reason because a double- face sign is allowed anyway, he just wants more visibility. There are no restrictions on illumination of--signs. Discussion followed regarding uniqueness. The applicant, Domenic Antista, 8850 W. 38th Avenue, was sworn in. Mr. Antista said when 38th Avenue was widened their sidewalk was moved northward. They had to place their sign within the landscaping because the property line was moved, now they are asking for a variance to place the sign 6" in from the landscaping. ' Mr. Antista said the old sign is much larger than the proposed sign and is 15 years old.-The old sign will be removed.. Board Member THIESSEN feels most of-the area is residential, and she was wondering if it would be satisfactory to him just to trim up the trees a bit, and Mr. Antista stated that would not be satisfactory and feels a new sign is best. He disagrees that the area is strictly residential. The new sign will be made of anodized aluminum that is painted and it will match the signs at Lutheran Medical Center. Board Member HOWARD suggested a monument sign, and Mr. Antista replied a monument sign is very costly and the height is limited. The maximum height outside of the sight triangle is 4' from the ground, so feels that would not be adequate. Alternatives were discussed. Mr. Antista stated they have not ordered the sign yet, so they could reduce the sign 6-8 inches. Board Member WALKER questioned sight triangles and Mr. McCartney added that measured from driveways, the sight triangle is 15' by 15'. Board Member THIESSEN asked if the City were to deefl that - property back to Mr. Antista, could the variance be moved, and Mr. McCartney said that could always be placed as a condition. No further questions were asked. Motion was made by Board Member ABBOTT,, that Case No. WA-97- 23, an application by Domenic Antista, be APPROVED for the following reasons: 4 WHEAT RIDGE BOARD OF ADJUSTMENT -- MINUTES OF MEETING: September 25, 1997 Page 8 1. By placing the sign in the required landscape buffer, the applicant is satisfying the landscape requirement. 2. The sign will be placed outside of the sight triangle. 3. The request will not be detrimental to the publi-c- welfare, or injurious to other properties or improvements in the neighborhood. 4. This is a unique situation because the property line was changed when the applicant deeded 15' to the City for the re-alignment of W. 38th Avenue. WITH THE FOLLOWING CONDITION: 1. The leading edge of the sign shall be a minimum of 5' from the rear sidewalk edge. Board Member HOWARD offered a friendly amendment that the height of the sign be reduced from 48" to 40", and Board Member ABBOTT accepted. Motion was seconded by Board Member WALKER. Motion carried 6-0. Resolution attached. D. a No. WA- 7-.4: An application by Walter Schmitt for - approval of a 7' frontyard setback variance to the 30' frontyard setback requirement~to allow a garage to be placed 23' from the front property line. The property is zoned Residential-Three and located at 8'632 W. 44th Place. - Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member THIESSEN asked if the addition will impede the driveway that goes to the garage in the back, and Mr. - McCartney answered he has not received any site plans, however he believes there.-will be plenty of room. The square footage of the property is 12,508. The applicant, Walter Schmitt, 8632 47. 44th Place, was sworn in. Mr. Schmitt said his son is on oxygen .24 hours a day and stays inside a lot, so needs additional living area. He