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HomeMy WebLinkAboutWV-97-4~ ! The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridcte Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Russ and San Anderson Owner Russ and Jan Anderson Location of request 6465 W. 48th Avenue 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. Detailed Description of request removal .-~h..i i.ii s... .~..n~ /T\ i.{TTS... -....i C/1\ F........ r_^J /1 nropert~7 _ -- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. rTnnrtv 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 Jon T. Bradley, A to ey Subscribed and sworn to me this 4th day of June _ 19 97 Notary Public SEAL Address 6465 W. 48th Avenue Phone 424-0424 Address 6465 w. 48th Avenue phone 424-0424 ® 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 My commission expires July 26, 2000 ata Rar.aivcfl Derv{r+ T.T.. r • • Planning Commission Minutes Page 2A September 4, 1997 1. Page 7, pazagraph 2, insert on line 6; 2. Page 10, pazagraph 3, delete "the interim." A motion was made by Commissioner SNOW ,seconded by Commissioner THOMPSON to approve the Minutes of August 14, 1997. A motion was made by Commissioner SNOW, seconded by Commissioner THOMPSON to approve the minutes of August 21 as amended: 1. Page 1, section 4, under first motion, insert the correct vote. 2. Page 2, section 7, under paragraph 1, redo vocabulary correction by changing "admitted" to "submitted". 3. Page 3, section 7, last motion, delete word and restate motion regarding goals and policies. 4. Page 4, section 7, paragraph 4, insert a to add "horse power standards in regard to future review of industrial regulations." 5. Page 6, section 11, include horsepower limitations and performance standards under Discussion and Decision Items. 1 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) There was no one present to speak. 7. PUBLIC HEARING 1. Case NO. WV-97-2: An application by Russ and Jan Anderson for vacation of an existing right-of way, Marshall Street, at approximately 6465 W. 48th Avenue). Mr. McCartney presented an overview of these cases to the Commission. He stated that this is a request by the adjacent owners to for approval,of aright-of-way(R.O. W.) vacation for an unused portion of Marshall Street conning between Interstate 70(south) and West 48th Avenue(north). The property is 6,600 squaze feet and currently zoned Agricultural-One and Commercial-One. The request for vacation of R.O.W. would complete the vacation of a portion of Marshall Street located to the north of Interstate 70 and south of West 48th Avenue. Mr McCartney stated that currently, the R.O.W. is virtually unused, with the exception of three existing billboazds. If approved, the proposed vacation will not leave the adjoining land without an established public road as this R.O.W. is not developed and has never had public improvements. Mr. McCartney stated that no property would be land locked if the property is vacated. He stated that approval of the request will not have a negative impact on the infrastructure of the City of Wheat Ridge. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinances, case ftle and packet materials, and exhibits. Posting requirements have all been met. Mr. McCartney elaborated on the, applications request. In conclusion, Mr. McCartney stated that staff recommends approval. Planning Commission Minutes Page 3A September 4, 1997 Commissioner SNOW asked if on the deed was there an alley that was vacated? Mr McCartney directed Commissioner Snow's request to the applicants. Commissioner Snow asked why the Planning Commission was not reviewing the variance? Mr. McCartney explained that the Boazd of Adjustment would review and decide on the vaziance. Commissioner CERVENY asked to abstain from voting on Case No. WV--97-2 due to past business relations..- A motion was made by Commissioner SNOW, seconded by Commissioner THOMPSON to allow abstention by Commissioner CERVENY for Case NO. WV-97-2. Motion carried 5-0. Commissioner T'HOMPSON asked whose liability will the ownership issue fall on. Ms Reckert stated it would be up to the Wheat Ridge courts and that liability is not an issue. Chairmen WILLIAMS swore in the following citizens wishing to speak on this case: John Bradley, 4704 Harlan Street, the applicants Attorney addressed the Commission. He said that only positive changes will occur. Upon reseazch, he found that the previous vacation of Illinois Avenue occurred for only the west half. What his client seeks to do is get their half of there original dedication. He stated that once they own the east half of the original r.o.w., they will apply for a billboazd variance. He stated that the applicant concurred with all the recommendations and findings of staff. He stated that this pazcel will have no detrimental affects to the City or the Public resources. Commissioner SNOW asked Mr. Bradley if he did additional reseazch on history of the Vacation? Mr. Bradley replied "Yes" but a portion of the deed was unreadable. A motion was made by Commissioner RASPLICKA, seconded by Commissioner SNOW to be approved for the following reasons: 1. The property is and has always been an unused for street and access purposes, 2. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 3. Staff recommends approval. With the following conditions; The entire 20' vest with the applicant, .~ Planning Commission Minutes September 4, 1997 2. A utility easement for Public Service be reserved over the entire 20'. Motion carried 4-1, with Commissioner THOMPSON and Commissioner CERVENY abstained. Commissioner THOMPSON states her reason for voting "no" is not because she is opposed to the vacation but she feels there is not sufficient evidence to allow the condition which states that the applicant receives all of of the vacated right-of-way(20'). 2. Case NO ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, chapter 26, Zoning Code relating to residential densities, development standards and specifically, PRD site Design criteria. Commissioner BRINKMAN researched the Site Design criteria for PRD with other cities. She stated the reason for that was to help with wording on the Site Design criteria PRD ordinance revision. Commissioner BRTNKMAN discussed and explained other Municipality methods for Site Design criteria guidelines. She stated that she would like to see the PRD Site Design criteria read cleazer. Commissioner BRINKMAN continued discussions. Commissioner CERVENY asked if we could postpone decisions oti the Site Design criteria? Meredith Reckert replied "No", Ms. Reckert said the decisions and revisions needed to be discussed tonight and ready for City council meeting held on September 8, 1997. Commissioner THOMPSON suggested that the Planning Commission go through the PRD Site Design Criteria section by section. The Planning Commission concurred. A motion was made by Commissioner BRINKMAN, seconded by Commissioner SNOW to add the insertion of "establish quality" to replace the word "sound" on page, section 1, line 3 to be approved. Motion carried 6-0. A motion was made by Commissioner SNOW, seconded by Commissioner CERVENY to accept all the changes made by the Comprehensive Plan to be approved. Motion carried 6-0. A motion was made by Commissioner BRINKMAN ,seconded by Commissioner SNOW to accept no revisions to Site Design Criteria, page I, section 1, to be approved . Motion carried 6-0. A motion was made by Commissioner THOMPSON, seconded by Commissioner BRINKMAN to include the word "bicycle" on page section 2, line I 1 and line 12 to be approved. Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Coritmissioner SNOW to add the sentence "Preserve drainage ways in as natural state as possible without channelization or engineered structures or as required by other agencies" on page 3, section 3, bullet 1 to be approved. Motion carried 6- 0. CONSULTING ENGINEERS SELLARDS & GRIGG, INC. 143 Union Boulevard, SUite 700 Phone: (303)986-1444 Lakewood, Colorado 80226 Fax: (303) 986.0994 Sheet 1 of 2 MARSHALL STREET VACATION (REVISED OCTOBER 22, 1997) A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FTI,ING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (aka Course No. 3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of fTighways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 foot strip contains 13,170 square feet (0.302 acres), more or less. All instruments as recited above are of Jefferson County Records. Exhibit A as attached hereto is made a part hereof. The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 143 Union Boulevard, Suite 700, Lakewood, CO 80228, on October 22, 1997 under S&G No. 97389-21 for Myers, Bradley & Devitt, PC and is not to be construed as representing a monumented land survey. ~ ~w~,,...., ~c~ . s. Lq O Fo s~ ~ F °< o ~~.. ~ ; ° 32 2 `° ro ~: toi2~ q~.: ,~ Q ~'r, ••.....••~~J Mr. Join S. Lambert, PLS 13212 97389/21/jsUmarshall.rev - EXHIBIT A - SHEET 2 OF 2 ,~~0~ z° .`;`~ 1 " = 50' 20' 40' EAST LINE OF BLOCK 10 - \ \ \ \ ~ \ `~ \ '~ '~ ~ ~ ~~ \ ~' QPC' j1'. '~ ~ ~ ~ O \,~? .. ... ^: } w. . ~ ~:. z : w. . . ;::~: ~ . • .~ ...:r~.~ p - z ~ : : :: ., . : :: ~: ~. w. . WEST LINE OF BLOCK 11 E-H- BERKELEY HEIGHTS SECOND FILING ~~~ BOOK 2, PAGE 2 ~: d' •::x: : ..~. x: ~~ ~. BOOK 1810, PAGE 256 . •• SOUTH LINE OF BLOCK 11 • i MYERS BRADLEY~EVITT ~ ARP, P.C. ATTORNEYS AT LAW 4704 Harlan. Suite 420. Bank One Building Lakeside Office Park, Denver, Colorado 80212 (303) 433.8527 Fax (303) 433.8219 ~~~~I1 V ~® Frederick J. Myers October 24, 1997 Il V ]on T. Bradley 0 C T 2 ~r 1997 Jerald J. Devitt Randall C. Arp City of Wheat Ridge _~ ~ SPECIAL COUNSEL Planning and Zoning Department ---~"'- Kent E. Hanson ATTN: MEREDITH David M. Kanigel 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Russ and Jan Anderson - 6465 West 48th Avenue (North of I-70) Dear Meredith: As we discussed over the telephone this morning, I have enclosed the legal description that has been prepared by Sellards & Grigg, Inc. in the above-referenced matter. In addition, I would like to confirm our conversation wherein I stated that we would like to add a request to the application that is going to be scheduled for hearing in November that the variance, in addition to being a zero setback, be a variance from the spacing requirement. It is my impression that there is a 600 foot spacing requirement for new billboards. In this instance, I am not sure that is necessary or appropniate because we are not really doing a new billboard, but rather a rebuild on an existing billboard. In any event, to the extent that there is any kind of an issue with regard to and we would request that this variance be cconsidered at that November date ~ existing billboard I would also like to confirm that you will intercept this correspondence and make sure that the publication that is necessary takes place so that we are able to appear on that November date. Thank you for your assistance. Very truly yours, DEVITT & ARP, P.C. cc: Ian and Russ Anderson, w/o encl. enclosures .~ NOTICE OF PUBLIC HEARING iven of a public hearing to be held before the Wheat 1997, at 7:30 p.m•, at 7500 Notice is hereby g_ Ridge Planning Commission on November 20, West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: 1 ,~~-O pn~_97_4; An application by Russ and Jan Anderson to to initiate vacation of an existing right-of-way, Marshall Street, the adjacent land owners, and for approval of a 50' be divided by aration variance. Said rear yard setback variance and a 32' sep right-of-way is legally described as follows: A strip of land 40 feet in width lying in the southwest one- quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (aka Course No. 3 and Corse No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways; State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east 'line of Block.lo.~ said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson; recorded April 10, 1941. Said 40 foot strip contains 13,170 square feet (0.302 acres), more or less. No Pn7-97-3: An application by Chester L. Holstein for 2• vacation for a portion of W. 45th Place approval of a right-of-way located adjacent to property addressed as 10911-10917 W. 45t Place. Said right-of-way is legally described as follows: A tract of land in the SE 1/4 of the NW 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: ` y Commencing at the Southeast corner of said NW 1/4 of Section 21; thence N00°00'00"E on an assumed bearing along the East line said NW 1/4 a distance of 1182.63 feet; thence N89°45'25"W a distance of 139.00 feet to a point; thence S00°00'00"W parallel with the East line said NW 1/4 a distance of 88.39 feet to the True Point of Beginning; thence continuing S00°00'00"W a distance of 29.11 feet; thence N89°45'25"W a distance of 240.00 feet; thence N00°00'00"E a distance of 28.09 feet; thence N90°00'00"E a distance of 240.00 feet to the True Point of Beginning; containing 6789 square feet, more or less, County of Jefferson, State of Colorado. 3. ~=~~ No W7-97-14 An application by Louis J. Ficco for approval of a Planned Commercial Development final development plan and plat. Said property is located at 6225 W. 48th Avenue and is legally described as follows t' THAT PART OF THE SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. LYING EAST OF THE EASTERLY LINE OF LAVETA AVENUE AND SOUTH AND EAST OF THE SOUTHERLY LINE OF BLOCK 19, BERKELEY HEIGHT SECOND FILING, E}~CEPT BLOCKS 12, 16, 17, AND A TEN ACRE TRACT HERETOFORE CONVEYED TO BELLE BUSH BY DEED IN BOOK 117 AT PAGE 479, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 13, 786.4 FEET WEST OF THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 650.5 FEET; THENCE 5.53°47'W, 123.75 FEET; THENCE N.89°13'W, 104 FEET; THENCE 5..45°38'W., 140.3 FEET; THENCE S_30°03'W., 90.3 FEET; THENCE 5.09°28'E., 109.6 FEET; THENCE 5.15°51'E., 38 FEET; THENCE EAST 185 FEET; THENCE SOUTH 259 FEET TO THE SOUTH LINE OF SAID SECTION 13;_THENCE EAST ALONG SAID SECTION LINE 136 FEET TO THE POINT OF BEGINNING, EXCEPT ANY PORTION LYING WITHIN WEST 48TH AVENUE, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO. \V~ ~ ~ - Jen ife Roche, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 31, 1997 Wheat Ridge Transcript _ 7500 West 29th Avenue Wheat Ridge, Colorado The City of Wheat Telephone 303/ 237-6944 November 4, 1997 Ridge This is to inform you that Case No. YW--97-4 which is a request to initiate vacation of an existing right -of--way. Marshall Street. to be divided by the adjacenf land owners. and for approval of a 50' rear yard setback variance and a 32'separation variance. for property located at 6301 W. 48th Avenue will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M.. on November 20.1997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION.. 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" y + - - - -. _. .__.- ._~~. .r.... ~_ .__. _ _ ~~..~~f.. -. - __ -. NDER: - - _ _ ___ _ _ _ _ - - - - - _._ -_...r =f mplete Gems 1 ara/c ° ror atlditlonal services. ~ POST'4Gd- - ~~ I also wish to receive the I ~ following services (far an extra fee): RETURN s~N TG to ntyour name antl address on Ne reverse of this form so that we can return this cab y°u ADDREfir ' PECEIPT cEPTiFlE ~~~h-thls form to the front of the mailpece, or on the back if space tlces not CE __t_~~1ddYeSSeeSAddrESS permit. 2. ^ Restricted Delivery sERVI TOTAL ~ • The Return Receipt will show to whom the article was delivered arM the date tleliveretl. Consult pOStmaSter for fee '~ ticle2ddressed to: rTf " ` SENT TO: - . 4a. Article Number - ,~ -- G. Iat P 9 6 6 013 8 31 ~qr,~ _ ygy}y~ 41f~~3u • ~ ~p~U i~ _ ~ o ~8~8 ~: ~ ~ -- ----- ~~ CTD 9fN?33-3G3:, 46. Service Type i'ut X'~_ ..o - -- ~ CERTIFIED .o ~ ~_ ,~--q _ t~ 1^Q1 ~ q V 1 1 - 7. Date ~f eyver ~O ------ - 'fir-Received By: (Print Name) 8. 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PS FORM 3800 .~+.PS FORM r Fli i -!t r or t,; January tf996.. ~-~ .li! ,!i - lj, Iri,% , , I! tl~11 ~. li P 966 m,a n~~ .,. .,~, ~~~ type CERTIFIED Date of Del'rery I~ Addressee's A dr ss (ONLY it requested and tee yard) ~ i 75 Russ and Jan Anderson 6465 West 48~' Avenue Wheat Ridge, CO 80033 City of Wheat Ridge 7500 West 29~' Avenue Wheat Ridge, CO 80215 Avenue - ~ 6,600 square ACTION REQUESTED: An application by Russ and Jan Anderson to initiate vacation of an existing right- of-way, Marshall Street, and for approval of a 15' rear yard setback variance and a 32' separation vaziance. CASE MANAGER: Sean McCartney CASE NO. & NAME: WV-97-`l ~ Anderson CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE PREPARED: November 13, 1997 DATE OF MEETING: November 20, 1997 LOCATION NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN: Agricultural-One and Commercial-One Vacant /public right-of--way N: and E: Commercial-One, W: and S: Agricultural-One N: Light Industrial, E: Retail Commercial, W: Service (night club) and S: Interstate 70 Commercial Activity Center . =_..;- _`: ,November 3, 19Y/....... ...._- DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: ( )NOT REQUIRED ONONE =..r vv ~~ . - (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS () OTHER JURISDICTION: The property is within the City of W heat Ridge, and all notification and posting requirements have been met therefore, there is jurisdiction to hear this case. ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS November 6, 1997 November 6, 1997 (XX) (XX) .~ Planning Commission Staff Report Case No. W V-97-4 /Anderson I. REQUEST 2 This is a request for approval of aright-bf--way (ROW) vacation for an unused portion of Mazshall Street running between Interstate 70 (south) and West 48th Avenue (north), and approval of a I S' rear yazd setback variance to the 15' rear yard setback requirement and a 32' billboard separation variance, to the 600' minimum billboard separation requirment. II. DESCRII'TION The request for vacation of ROW would permit the applicant to utilize the land to house a billboazd. Currently, the ROW is virtually unused, with the exception of three existing billboards. There have never been any public improvements developed on this site. The right-of--way is a remnant piece ofright-of--way from when Interstate 70 was built. The property measures 40' wide by approximately 320' long and is located north of Interstate 70 on top of a large bean. The ROW is zoned Commercial-One (approximately 220' from West 48th Avenue to the south) on the northern half, while the southern portion of the property is Agricultural-One. The applicant, who is the adjacent property owner, is seeking approval of this request to acquire ownership of land that has been housing three existing leased-billboards. No adjacent parcels utilize this ROW for access. If approved, it is recommended that the east half measuring 20' x 320' parcel of land be vested to the applicant, and that the entire property be reserved as a utility easement for the existing overhead power lines. III. COMPREI3ENSIVE PLAN The Comprehensive Plan currently shows this properly as a local street, even though it has never been developed. The existing parcel is located within the Commercial Activity Center land use designation. Approval of tlaevacation-will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the three existing billboards, and the construction of one new billboard). N. VACATION CRTTERIA Before a street ROW vacation is approved, the applicant shall show and the Planning Commission shall make the following determination: 1. That the proposed vacation will not leave any adjoining land without an established public road connection said land with another established public road. If approved, the proposed vacation will not leave the adjoining land without an established public road as this ROW is not developed and has never had public improvements. Currently, the properly is being used for three advertising billboards. No property would be land locked if the property is vacated. 2. That the proposed vacation is in conformity with the goals and policies of the Transportation __ 3 Planning Commission Staff Report Case No. WV-97-4 /Anderson Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the City's future Master Plan and should be omitted as a designated public ROW from the revised Master Plan. 3. That the proposed vacation will nat have a negative impact on the infrastructure of the City of Wheat Ridge. Because the ROW in question has never been developed with public improvements, approval ofthis request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a larger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. V. VARIANCE CRITERIA The applicant is requesting approval of a 15' reaz yazd setback variance and a 32' billboazd sepazation variance, to allow the placement of a billboard neaz Interstate 70. If approved, the leading edge of the billboard will be located on the south (rear) property line. The 32' billboard separation variance is the most important aspect of the request. Billboards, within the City of Wheat Ridge, aze required to maintain a minium of 600` between billboards which are facing the same direction on the same roadway. Should Planning Commission deny the 32' sepazation vaziance request, there need not be a further motion for the 15' rear yard setback variance. In accordance with Wheat Ridge Code of Laws section 26-6 (D), before a variance is approved, the applicant shall show and the City Council shall find: 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? No. If the variance request is denied, the applicant may continue to use the property for the existing billboard or as a property extension for additions to the existing structure. The applicant has informed staff that the 15' rear yard setback vaziance is intended to provide optimum exposure to Interstate 70 to the south. If the request is denied, the applicant has stated that they would have to remove the existing trees on the south of the property, to allow for simiIaz exposure. ~. planning Commission Staff Report Case No. WV-97-4 /Anderson 2. Is the plight of the owner due to unique circumstances? No. The plight of the owner is not due to unique circumstances. 3. If the variation were granted, would it alter the essential character of the locality? No. Approval of the variation would actually enhance the chazacter of the locality in that the applicant intends to remove two of the three existing billboazds, and locate the new billboazd further away from West 48"' Avenue. The proposed placement of the billboard, closer to Interstate 70, will allow for a lesser visual impact for the existing businesses located on West 48"'Avenue. Billboards aze typically found along the Interstate Corridors. 4. Would the 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? No. The property, although located on top of a berrn, is relatively flat and rectangular in shape. Therefore, neither the shape nor topographical condition of the property would result in a particular hazdship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification as setbacks and separation are a consistent regulation for all billboards within Wheat Ridge. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? Yes. The applicant is seeking approval of the vaziance to provide optimum exposure to Interstate 70, which allows the billboard company to sell more advertisement. Ifthe vaziance were denied, the billboard would be required to remain I S' from the rear property line, therefore being blocked by the existing trees. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Planning Commission Staff Report 5 Case No. WV-97-4 /Anderson Yes. The billboazd company, who has interest in the properties proximity to Interstate 70, has created the alleged hazdship. The property is large enough to allow for alternative locations for the billboard. 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? No. Granting of this variance would not be detrimental to the public's welfare or injurious to other property improvements as the billboard will not be located neaz any other development or potential development location. 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 the property values within the neighborhood?' No. Approval of this variance will not impair the adequate supply of light and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as the billboard will not be located near any other development. 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, orwould granting of the variance result in a reasonable accommodation of a person with disabilities? Approval of this variance will not benefit or be a contribution to the neighborhood or the community as the billboard location is solely for personal and advertisement benefits. VI. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the properly should be designated as anon-exclusive utility easement for the existing Public Service power poles (see attached). Planning Commission Staff Report 6 Case No. WV-97-4 /Anderson VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that this ROW has not been used as a street nor does it provide access to an adjacent pazcel since it serves no other purpose than a utility easement for the existing Public Service power poles. Also, approval of the 15' rear yard setback and 32' separation variance will not alter the essential character of the locality, nor diminish the property values of the surrounding properties. Therefore, the proposed vacation should be approved as requested. VIII. RECOMMENDED MOTIONS VACATTON OPTION A:. "I move that Case No. WV-97-2, an application for approval of aright-of--way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue), and a 15' rear yard setback and 32' separation variance be APPROVED for the following reasons: 1. The property is and has always been unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 4. Staff recommends approval." OPTION B: "1 move that Case No. W V-97-2, an application for approval of aright-of--way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue), be DENIED for the following reasons: 1. 2. 3." VARIANCE 32' SEPARATION VARIANCE OPTION A: "I move that the request for the 32' billboard separation variance, to the 600' minimum billboard separation request, be APPROVED for the following reasons: 1. There have been three existing billboards in this location for a number of years, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." OPTIONS: "I move that the request for the 32' billboazd separation variance, to the 600' minimum billboard separation request, be DENIED for the following reasons: 1. 2. 3." .. a Planning Commission Staff Report 7 Case No. VW-97-4 /Anderson IS'REAR YARD SETBACK VARIANCE OPTION A: "I move that the request for the 15' reaz Yazd sepazation variance, to the 15' reaz yazd setback requirement, be APPROVED for the following reasons: 1. The proposed billboazd will not be located neazany existing buildings on adjacentproperties, 2. Approval of this variance will not alter the essential chazacter of the locality, 3. Staff recommends approval." OPTION B: "I move that the request for the I S' reaz yard separation variance, to the 15' reaz yazd setback requirement, be DENIED for the following reasons: 1. 2. ~~ 3. ~ Y • • City of Wheat Ridge Planning and Development Department Memo /~ To: Bob Middaugh, City Manager From: Alan White, Planning and Development Director _~n, ~ Subject: Billboards ai Marshall Street ~"W~ Date: December 4, 1997 Attached is a memo from Sean McCartney concerning the billboard and the requested right-of- way vacation of Marshall Street. ~ MEMORANDUM F WHEgT o ,p o _ - U m Approved Date CSC OR A~~ TO: Sean McCartney, Planner FROM: Bob Goebel, Director of Public Works SUBJECT: Application for Vacation of a portion of Marshall Street DATE: November 14, 1997 We have verified through County Records that in fact Marshall Street formerly known as "Illinois Avenue" immediately north of I-70 does exist as a street and was never vacated as previously thought. Attached is a memo from John McGuire, City Surveyor, which states this research in more detail. Since this street has not been used as a street since the incorporation of Wheat Ridge, and since we see no use for this street other than to maintain existing utilities in the area, such as Public Service power poles, we see no reason to recommend denial of this request for vacation. ~. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: ~1iYV=97-4 -4 LOCATION: Marshall Street. APPLICANT(S) NAME: Russ and Jan Anderson OWNER(S) NAME: Same REQUEST: Approval for vacation of an existing right-of--way and for approval of a I S' rear yard setback variance and a 32' separation variance APPROXIMATE AREA: 6,600 square feet WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and'said list of factors is attached hereto and incorporated herein by reference, and made a part Iterecf; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner THOMPSON, seconded by Commissioner BRINKMAN, that Case No. WV-97-4, a request for approval by Russ and Jan Anderson for aright-of--way vacation of a unused portion of Marshall street, approximately 6465 W. 48th Avenue, to be Approved for the following reasons: A. 1. The property is and always been an unused for street and access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Services. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval. With the following condition: Dedicate non-exclusive utility easement:' VOTE: YES:6 NO: 0 B. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, I move that case No. WV-97-4, the request for the 32' billboard separation variance, to the 600' minimum billboard separation request, be approved for the following reasons: I. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 2. There have been three existing billboards in this location for a number of years. 3. Approval of the variance will not after the essential character of the locality. .~ y 4. Staff recommends approval. 5. The requirement for the separation was put into place after the billboard was first placed on the property. VOTE: YES:6 NO: 0 C. A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICKA, I move that Case No. W V-97-4, the request for the I S' rear yard separation variance, to the 15' reaz yard setback requirement, be approved for the following reasons: 1. The proposed billboard will not be located near any existing buildings on adjacent properties. 2. Approval of this variance will not alter the essential character of the locality. 3. Staff recommends approval. VOTE: YES: 5 NO: 1 (Commissioner Snow) I, Jenifer Roche, Assistant Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by an 6-0 vote, 6-0 vote, 5-1 vote, of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 20 day ofNovember, 1997. _ Harry Willi ts, Chairperson Jen' Roche ssistant Se reta WHEAT R DGE PLANNING COMMISSION E RI G PLANNING COMMISSION MYERS BRADLEY~EVITT ~ ARP, P.C. ATTORNEYS AT LAW _ _ _ 4704 Harlan. Suite 420, Bank One Building Lakeside Office Park. Denver. Colorado 80212 (303) 433.8527 Fax (303) 433.8219 Frederick J. Myers Jon T. Bradley n ~~ Jerald J. Devitt ~~, ~ ~ Randall C. Arp December 3, 1997 ®~~ _ 4 1997 SPECIAL COUNSEL Kenr E. Hanson David M. Kanigel Sean McCartney City of Wheat Ridge Planning and zoning 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Russ and Jan Anderson 6465 West 48th Avenue (North of I-70) Dear Sean: I would like to confirm that this matter is scheduled for first reading in front of City Council on Monday, December 8, 1997, and for final hearing on Monday, January 12, 1998. I also understand that you will be contacting my clients directly to notify them when it is necessary to pick up the signs and notices for posting on the property. Ifyou are going to prepare any supplemental or additional report for the Council which varies from the report that staff made to the Planning Commission, I would appreciate receiving a copy of that report. Thank you for your assistance in this regard. Very truly yours, M .S BRA??LFy raL VITT & ARP, P.C. ~- n ~o} T. Bradley V JTB/sg cc: Russ and Jan Anderson • MYERS BRADLEY~EVITT St ARP, P.C. ATTORNEYS AT LAW 4704 Harlan, Suite 420, Bank One Building Lakeside Office Park. Denver. Colorado 80212 (303) 433.8527 Fax (303) 433.8219 Frederick J. Myers Jon T. Bradley Jerald J. Devitt Randall C. Arp December 23, 1997 Sean McCartney City of Wheat Ridge Planning and Zoning 7500 West 29th Avenue Wheat Ridge, Colorado 80215 DEC ~ '~ t947 Re: Russ and Jan Anderson 6465 West 48th Avenue (North of I-70) Dear Sean: SPECIAL COUNSEL Kent E. Hanson David M. Kanigel I would like to confum our conversation of some time ago wherein you advised me that the final hearing for this matter in front of City Council will be Monday, January 26, 1998. If this date is not correct, please notify me immediately. Very truly yours, BRADLEY DEVITT & ARP, P.C. cc: Jan and Russ Anderson CliffSpencer JTB/sg CITY COUNCIL MINiIiS: December 22, 1997 ~ Page -3- ~gtion by Mrs. Worth that Council Bill 52 be approved on first reading, ordered published, public hearing be set for Monday, January 12, 1998, at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final • publication; seconded by Mrs. Dalbec; carried 7-0. Ltd. Council Bill 53 - An Ordinance vacating a portion of West • ~ 44th Place within the City of-Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 10911-17 west 44th Place. - (Case No. WV-97-3) Council Bill 53 was introduced on first reading by Mrs. Dalbec'; title read by the Clerk. .-, Motion by Mrs. Dalbec that Council Bi11 53 be approved on first reading, ordered published, public hearing be set for Monday, Januazy 26, 1998, at 7 :00 p.m. in City Council Chambers, Municipal Building, • and if approved on second reading; take effect 15 days after final publication; seconded by Mr. Eafanti; carried 7-0. ~~m 6• Council Bill 54 - An Ordinance vacating a portion of Marshall Street (formerly Illinois Avenue), in the Berkeley Heights Second Filing; within the-City of`Wheat Ridge, County of Jefferson, State of .Colorado. Council Bill 54 was introduced on first reading by Mr. Mancinelli; he also read the title. - ~ '' Mo ion by Mr.. Mancinelli that Council Bill 54 be approved on-first reading, ordered published, public hearing be set for Monday, January 26, 1998, at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days afterFfnal, publication; .seconded by Mr. DiTullio;'-carried 7-0."~`' . IrPm 6._B. Council Bill 55 - An Ordinance amending Section 2-62 (b) • ;,and Section 19•~29m of the Wheat Ridge Code". of Laws, concerning the Civil Service Commission. - ••°'~ Council Bill 55 was introduced on first reading by Mr. DiTullio; title read by the Clerk. F: 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Rldge January 12, 1998 This is to_ inform you that Case No. W V-97-4 which is a requestla i itiate vacation of an existin right-of-waY Marshall Street to be divided by t e adjacent land own rs and for aRproval of a 50' re r vard setbaclr variance and a 32' separation variance for Qroperty located at 6301 Wect 48th48th Avenue will be heazd by the Wheat Ridge CITY COUNCIL in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M., on January 26 1998 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the CITY COUNCIL. As an area resident or interested party, you have the right to attend this Public Heazing 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" _ 1 ..-.-.____-- - _ ~ _ _ _ u I SENDER: - - - - - - 1 also wish to receive the f E '1 .complete Items ~ armor z ror addllbnal services. ee): following services (for an extra I '< .Print your name anaa dress on the reverse of Mis Farm so that we can return this card t ^ Addressee's Address ~ ro vcu. L° • Attach thus form lp the front of [he mailpiece, or an the back if space does mt permit. 2. ^ R2Strlcted DeIlVery w a • The Return Receipt will show to wham the article was delivered antl the date tleliveretl. COnSUIt p05tmaster for fee. ( w 3. Article Addressed to: _ 4a. Article Number ~ 2 I -- P 966 013 64D o ~~ ^ ~ -~ ~~~ ~t 4b. Service Type o i h1C7At>;8s~~ 3fI0~J5 ~ CERTIFIED ~ z i - * Y 'J - t 7. Date of Delivery ,_ ~ ~ - ns --- a w ) 5. Received By. ( Name) 8. Addressee's Address - ~ (ONLY if requested and fee paid.) '' ~ -- _---- -- _- „ 5-Signature: X _ January 1S i F- i~ l: 1., rit j -~ - ~ ~ - SENDER I ,complete items I antlror z Por aOdfflonal services -t also wish to receive the following services lfor an extra fee) j I I .Pool your name antl address on the reverse of YFns farm so that we can return fits ca ~ ~ Addressee's Address t to yal. • Attach Ihis form to the fmn[ of the mailpiece. or on the back ii space does not perrntl. 2. ^R2Strlcted DeIlVery ~ w A • The Return Receipt wll show to whom the article was tleliveretl antl fhe dale delivered. t'iOnSUlt pOStmaSt2f fOr fee. i ~ - --- -3 Article Addressed to: 4a. Article Number ° a kr. Rueseil Anuierson P 9 6 6 R 13 6 3 9 F - - - ~ ~ 3ilgla ~, '_~' 4b. Service Type iG _~ ?k~rrierna, Ct~ 863-ZSGS ~ ~( CERTIFIED (J z 2 ~ - ~- p I~ I - ' - 7. Date of Deliver~L~ ~ y, O' ~l = ~ ~' ~~ 5. Received By: (Print Na e) - ~ 8. Addressee's Address ~~ n / ~~n l ~ ~~ J,n~(' „ / (ONLY i1 requested and fee paid,) 6. S~ig/nature:/ ddr~ ee or Agent). I ~ - _ PS FORM 3 ,January tss5 Domestic Return Recelpt .- ~~ - - ~~-- SEIJDER: r I also wish to receive fhe a fee) t - k~ items t anaror z ror adtlftbnal service%, s . r following services (for an ex ~ ~ , omp . pnM your name antl aQtlress on the reverse of this Porm so that we can return this Cara ~ ^ Addressee's Address ~ _ _ _ __ _ _ _ _ _ u vi - ~ fo You. .. .. • Attach Ihis loan to Ihe'Fronf of the mailpiece, or en the back if space does rwt permit. red li d 2. ^ R2Strlcted DeIlVery COnsUlt p02tma5t2r fOr f22. ~ w ~___ ~ . e ve . The Re[urn Recelpt will show to whom the article was tleliveretl antl the date ; - 3Artide Addressed to: ~ ~ ' 4a. Article Number _ , -- P 966 D13 638 ?:_ - ~'• ~$ ~' 4b. Service Type _ r _ i!$9iG 2fer'.rball SL. ~[ ~ -- RSd~e, C13 ;~ ~ CERTIFIED '' ,_ _ ._ ~•r=" 7. Dat of liv ~ ~. I C 1 •. I IF_` 5. Received By: (Print Name) - 8. Address e's Address (ONLY if requested and fee paid.) ^ - -~-,._.--- n, 6. Signature: (Addressee or Agent) ~ ~ - -Domestic Return Receipt , , '. PS FORM 3811; January isss ~~ iii ~ -! ~ . t' -- - - - n..~ ~ }y RUSSELL E. ANDE _ S~ 22993 VALLEY IGH RD MORR CO 80465-2565 / RUSSELLE_ANDE/RSQN 22993 VALLE~'~HIC+H _RD MORRI CO 80465-2565 THOMAS G. LAUHON 4896 MARSHALL ST WHEAT RIDGE CO 80033-3635 RUSSELL E. ANDER~~ -- ~ 22993 VALL ki`t~ RD MOR NCO 80465-2565 RUSSELL E. ANDERSON 22993-VALLEY HIGH RD - - _ -- - - MORRISON CO 80465-2565 MARK W. J. MODGLIN 7891 LEWIS CT -ARVADA CO 80005-3758 QUASI-JUDICIAL XX Yes No X PUBLIC HEARINGS PROC./CEREMONIES BIDS /MO `IIONS INFORMATION ONLY CITY ADM. MATTERS CITY ATTY, MATTERS LIQUOR HEARINGS PUBLIC COMMENT AGENDA ITEM TITLE: Case No. WV-97-4/Anderson ELEC, OFFICIALS MATTERS ORDINANCES FOR I ST READING X ORDINANCES FOR 2ND READING RESOLUTIONS SUMMARY/RECOMMENDATION.- A request for approval of a vacation of an existing right-of-way on Marshall Street, for approval of a 15' rear yard setback variance, and for a 32' separation variance. VACATION Option A: I move that Council Bill 54, Case No. WV-97-4, an application for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue) be APPROVED for the following reasons: I . The property is and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 1 The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval." VARIANCE 32'Sel2aration Variance: Option A: "I move that the request for the 32' billboard separation variance, to the 600' minimum billboard separation request, be APPROVED for the following reasons: I . There have been three existing billboards in this location for a number of years, 1 Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." � ,..,"t �ri +"' t a,U .a..aS M3 � � ,, ui CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE PREPARED: January 12,1998 DATE OF MEETING: January 26,1998 CASE NO. & NAME: WV-97-4 /Anderson CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Rnss and Jan Anderson to initiate vacation of an existing right-of--way on Marshall Street, for approval of a 15' rear yard setback variance, and a 32' separation variance. LOCATION OF REQUEST: APProximately 6475 West 48"' Avenue NAME & ADDRESS OF APPLICANT(S) 6465 West 48` Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) City of Wheat Ridge 7500 West 29`h Avenue Wheat Ridge, CO 80215 APPROXIMATE AREA: 6,600 square feet PRESENT ZONING: Agricultural-One and Commercial-One PRESENT LAND USE: Vacant/public right-of-way SURROUNDING ZONING: N: and E: Commercial-One, W: and S: Agricultural-One SURROUNDING LAND USE: N: Light Industrial, E: Retail Commercial, W: Service (night club) and S: Interstate 70 " -'' January 9, DATE POSTED: January 12,1998 DATED LEGAL NOTICES SENT: January 12,1998 RELATED CORRESPONDENCE: (XX) O NOT REQUIRED ENTER INTO RECORD: CASE FII.E & PACKET MATERIALS (XX) COMPREHENSIVE PLAN (~ (XX) ZONING ORDINANCE (XX) EXHIBITS O OTFIER " 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. City Council Staff Report Case No. WV-97-4/Anderson I. REQUEST 2 This is a request for approval of aright-of--way vacation for an unused portion of Marshall Street running between Interstate 70 (south) and West 48th Avenue (north), approval of a 15' rear yard setback variance to the 15' rear yard setback requirement, and a 32' billboard separation variance to the 600' minimum billboard separation requirement. This case was originally heard before Planning Commission on September 4, 1997, requesting approval for vacation of the eastern portion of the existing right-of--way (20'). Staff had researched a copy ofthe 1889 Jefferson County Commissioners Journal and found that the western portion of the right-of--way had been vacated during the original subdivision of Berkeley Heights. Because of this, staff had advised the applicant that they would only have to vacate the eastern portion of the right-of--way if they were intending to develop any portion of the site. Following the public hearing, staff uncovered some new information from the county which stated that the original vacation of the westem portion oftheright-of--way was not being recognized by the county as a valid action. Therefore, the applicant would have to vacate the entire 40' ofright-of--way. The applicant reapplied to vacate the entire 40'. II. DESCRIPTION The request for vacation of ROW would permit the applicant to utilize the land to house a billboard. Currently, the ROW is virtually unused, with the exception of one existing billboard. There have never been any public improvements developed on this site. The ROW is a remnant piece of ROW from when Interstate 70 was built. The property measures 40' wide by approximately 320' long and is located north of Interstate 70 on top of a lazge hill. The ROW is zoned Commercial-One (approximately 220' from West 48th Avenue to the south) on the northern half, while the southern portion of the property is Agricultural-One. The applicant, who is owner of the property to the east, is seeking approval of this request to acquire ownership of land that has one leased-billboard. No adjacent parcels utilize this ROW for access. If approved, it is recommended that the east half measuring 20' x 320' parcel of land be vested to the applicant, and the west half of the ROW vest with the owner to the west. The entire property shall be reserved as a utility easement for the existing overhead power lines. III. COMPREHENSIVE PLAN The Comprehensive Plan cun•ently shows this property as a local street, even though it has never been developed. The existing parcel is located within the Commercial Activity Center land use designation. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the existing billboard, and the construction of one new billboazd). City Council Staff Report Case No. WV-97-4/Anderson IV. VACATION CRITERIA Before a street right-of--way vacation is approved, the applicant shall show and the Planning Commission and the City Council shall make the following determinations: 1. That the proposed vacation will not leave any adjoining land without an established public road connection said land with another established public road. If approved, the proposed vacation will not leave the adjoining land without an established public road as this ROW is not developed and has never had public improvements. Currently, the property is being used for one advertising billboard. No property would be land locked if the property is vacated 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this request will not hinder the future plans of the City's Comprehensive Plan and should be omitted as a designated public ROW from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the right-of--way in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements have been reserved for use and/or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a larger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. V. VARIANCE CRITERIA The applicant is requesting approval of a 15' rear yard setback variance and a 32' billboard separation variance, to allow the placement of a billboard near Interstate 70. If approved, the leading edge of the billboard will be located on the south (rear) property line. The 32' billboard separation variance is the most important aspect of the request. Billboards, within the City of Wheat Ridge, are required to maintain a minimum of 600' between billboards which are facing the same direction on the same roadway. There is an existing billboard to the west on the Disabled American Veterans property which necessitates a separation variance for the proposed billboard. Should City Council deny the 32' separation variance request, there need not be a further motion for the 15' rear yard setback variance. City Council Staff Report Case No. WV-97-4/Anderson 4 In accordance with Wheat Ridge Code of Laws Section 26-6 (D), before a variance is approved the applicant shall show and the City Council shall find: I. 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? No. If the variance request is denied, the applicant may continue to use the properly for the existing billboard or as a property extension for additions to the existing Commercial structure to the east. The applicant has informed staff that the IS' rear yard setback variance is intended to provide optimum exposure to Interstate 70 to the south. If the request is denied, the appo allow fo rtsimtilar they would have to remove the existing trees on the south of the property, exposure. 2, Is the plight of the owner due to unique circumstances? No. The plight of the owner is not due to unique circumstances. 3. If the variation were granted, would it alter the essential character of the locality? No. Approval of the variation would actually enhance the character of the locality in that the applicant intends to remove the existing older billboard, and construct a new billboard ftuther away from West 48`" Avenue. The proposed placement of the billboard, closer to Interstate 70, will allow for a lesser visual impact for the existing businesses located on West 48"' Avenue. Billboards are typically found along the Interstate Corridors. 4, Would the 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? No. The property, although located on top of a hill, is relatively flat and rectangular in shape. Therefore, neither the shape nor topographical condition of the property would result in a particular hardship. 5, Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification as setbacks and separation are a consistent regulation for all billboards within Wheat Ridge. City Council Staff Report Case No. WV-97-4/Anderson 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? Yes. The applicant is seeking approval of the variance to provide optimum exposure to Interstate 70, which allows the billboard company to sell more advertisement. If the variance were denied, the billboard would be required to remain 15' from the rear property line, therefore being blocked by the existing trees. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The billboazd company, who has interest in the properties proximity to Interstate 70, has created the alleged hardship. The property is large enough to allow for alternative locations for the billboard. 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? No. Granting of this variance would not be detrimental to the public's welfare or injurious to other property improvements as the billboazd will not be located near any other development or potential development location. 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 the property values within the neighborhood? No. Approval of this variance will not impair the adequate supply of light and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as the billboard will not be located near any other development. 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 beneSt 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 will not benefit or be a contribution to the neighborhood or the community as the billboazd location is solely for personal and advertisement benefits. City Council Staff Report 6 Case No. WV-97-4/Anderson VI. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the property should be designated as anon-exclusive utility easement for the existing Public Service power poles (see attached). VII. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on November 20, 1997. A recommendation of APPROVAL was given for the following reasons: 1. The property is and always has been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established in the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval. with the following condition: 1. Reserve vacated right-of--way as a utility easement. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that this right-of--way has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles. Also, approval of the I S' rear yard setback and 32' separation variance will not alter the essential chazacter of the locality, nor diminish the property values of the surrounding properties. Therefore, the proposed vacation should be approved as requested. IX. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue) be APPROVED for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval." • City Council Staff Report Case No. R'V-97-4/Anderson 7 Option B: "I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue) be DENIED for the following reasons: 1. 2. 3." ~~' 4enaration Variance: Option A: "I move that the request for the 32` billboard separation variance, to the 600' minimum billboard separation request, be APPROVED for the following reasons: 1. There have been three existing billboards in this location for a number of years, 2. Approval of this variance will not alter the essential character of the locality, 3, Staff recommends approval." Option B: "I move that the request for the 32' billboard separation variance, to the 600' minimum billboard separation request, be DENIED for the following reasons: 1. 2. 3." 15 Rear Yard Setback Variance Option A: "I move that the request for the 15' rear yard separation variance, to the 15' rear yard setback requirement, be APPROVED for the following reasons: 1. The proposed billboard will not be located near any existing buildings on adjacent properties, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." Option B: "I move that the request for the 15' rear yard separation variance, to the 15' rear yard setback requirement, be DENIED for the following reasons: 1. 2. 3." 1 1 ~ l l ~ I -._ ._ ____ ____ 1,1 gip nVE ____ ____ __ F U '~ ~ SCI I ~p /.•! I Z ~'.'! I r - f:,:~ I N rJ. ,. . ~r r . ^b `•-' I ~~ .'.'1 w glsT nve ARVAD,4 :~; -,- - ,...._.. ... _.- -: _-: / 'y rn I ' ... _ -- .~, UJ J -- .::':' w~ --- - vP~a ~ I~:-:" ^I//~ ~ was k! ~1'.'.'. ~~ _g Y ~ (: ` ° `'~ r ' flGD ~ R t b i~ A * 8 d~~ wz-es-al k Imo $, ° ~ w 4an+ nve 1°u T~~ 't uus R.er.lc ~ .uo f: ~ yy 5 ° ,~ $ F ~ $$ ° • Y~ ~~ 0 9 0 ~;: ____ ~ ~-~ r-rl-.~ 't?r j~ '(~OpoSE-fl '~.C.ltil. "~LCd.TI~I~ O~~ I C I ~L ~ ~ 100.YEAR FLOOD PLAIN S W ZON I N6 M~i~ `~-~ (APPROXIMATE LOCATION) •J ~( /~_ D -ZANE'DI57RIGT BOUNDRY ~. ~ Wi I~7'~T 1~IDG~ --PARGEVLOTBCHRJDRY „,,, ~ ,,, ,~ /~ iDESiGNATES OWNERSHIP) GOLOR'~DO -=~~GITY LIMIT LINE ~~ I'-aeo MAP ADOPTED: June I5, 1994 --~-- WATER FEATURE Laat Ravmion:.hrxwry 9, 1995 ~ DENOTES MULTIPLE ADDRESSES +~ D~nRTFBA OF PLM7VIN6 AW DEVB.OPrBQf -235.785] - L:IDRAWINGS\PLANNING\QS\SW13 property. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, " I move that Case No. WV-97-3, a request for approval of aright-of--away vacation for property located adjacent to 10911-10917 West 44th place, be approved for the following reasons: 1. All posting and notification requirements have been met, 2. The vacation is needed.to correct a survey problem started in the late 1800's, 3. It will allow street improvements to be located within officially dedicated right-of--way, 4. The evaluation criteria supports approval of the request, 5. It allows the applicant to have a cleaz title that is not clouded. with the following conditions: 1. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue, 2. Anon- exclusive utility easement be reserved over the entire portion being vacated." Motion carried 7-0. Commissioner THOMPSON initiated discussions on the request for the $100 refund by the applicant. Discussions continued. Commissioner BRINKMAN made a motion, seconded by Commissioner CERVENY for approval to ask City Council to fund a Committee to correct the right -of--way, the property lines legal descriptions and to research and identify how broad the problem is that exists. Motion carried 7-0. A motion was made by Commissioner CERVENY, seconded by Commissioner BRINKMAN to approve, to the applicant, the request fora $100 filing fee refund. Motion carried 7-0 B. Case No. W V-97-4: An application by Russ and Jan Anderson to initiate vacation of an existing right-of--way, Marshall Street, and for approval of a 15' rear yard setback variance and a 32' separation variance. Commissioner CERVENY stated that he would abstain from this case due to outside involvements with the applicants. Mr. McCartney presented the new information pertaining to this case. He stated the the applicant is requesting for approval of aright-of--way vacation for an unused portion of Mazshall Street running between interstate 70(south) and West 48th Avenue(north), and approval of a 15' rear yard setback variance to the 15' rear yard setback requirement and a 32' billboard separation vaziance, to the 600 4 minimum billboard separation requirement. The property is currently zoned Agricultural-one and Commercial-One and the current Land Use is vacant/ public right-of--way. Mr. McCartney pointed out that the applicant is not adding another billboard, just relocating it. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the three existing billboards, and the construction of one new billboazd). He stated, if Case No. W V-97-4 is approved, it is recommended that the east half measuring 20' x 320' pazcel of land be vested to the applicant, and that the entire property be reserved as a utility easement for the existing overhead power lines. Mr. McCartney stated that the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Mr. McCartney explained that adequate easements have been reserved for use or maintenance by the City and utility agencies. Bob Goebel, Director of Public Works, requested that the vacated parcel should be designated as a utility easement for the existing Public Service.power poles. Future development on this site, as part of a lazger pazcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinance, case file and packet materials, and exhibits. Posting requirements have all been met. In conclusion, Mr. McCartney stated that staff recommends approval. Commissioner SNO W asked if the applicant would be given all of the property? Mr. McCartney replied no, the property would be split down the middle. The DAV will get the West side and the Andersons will get the East side. Commissioner Snow asked, is there Federal regulations pertaining to billboards? Mr McCartney replied yes and stated that the applicant will be required to meet all the State regulations. Commissioner THOMPSON asked if the DAV objected to the billboard? Mr. McCartney answered no. Commissioner THOMPSON asked if it would be appropriate to add to the motion to allow no other billboards on this property. She also expressed concern with the trees on the property and the visual impact? Mr. McCartney stated chat the City does not want the trees cut down because they do provide a sound barrier for I-70 and stated that there is no visual impact. Chairman WILLIAMS swore in John Bradley, applicant's attorney, 4704 Harlan Street, Lakeside. Mr Bradley thanked the Planning Commission for hearing this case again. He stated that the applicant is vacating 40' instead of the original request of 20'. Mr. Bradley explained that the moving of the billboard does not constitute a dramatic change to the azea. He reminded the Commission that the applicant has met all State requirements and is in complete compliance with the City of Wheat Ridge. He stated that the applicant concurred with all the recommendations and findings of staff. In conclusion, he reiterated, that this parcel will have no detrimental affects to the City or the Public. Commissioner SNOW asked, what is the City requirements? Mr. McCartney replied 600 feet apart. A motion was made by Commissioner THOMPSON, seconded by Commissioner BRINKMAN " I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused i ~- portion of Marshall Street to be APPROVED for the following reasons: 1. The property is and always been unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 4. Staff recommends Approval. with the following condition; 1. Dedicate utility easement " Motion carried 6-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY. " I move that Case No. V/V-97-4, the request for the 32' billboard separation variance, to the 600' minimum billboazd separation request, be approved for the following reasons: 1. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 2. There have been three existing billboards in this location for a number of years, 3. Approval of the variance will not alter the essential character of the locality, 4. Staff recommends approval, With the following condition: 1. No more than 1 billboard allowed on this property." Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICKA, " I move that Case No. W V -97-4, the request for the I S' rear yazd sepazation variance, to the 15' reaz yazd setback requirement, be approved for the following reasons: 1. The proposed billboard will not be located near any existing buildings on adjacent properties, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." Motion carried 5-1 with Commissioner SNOW voting no. Commissioner SNOW stated the reason for answering no is she does not feel that the Planning Commission should do anything for the public to make it easier to see billboards. . EXHIBIT A - ~ SHEET 2 OF 2 t~ 1~0 a `~ 'C~ ~~~. c .:~ ::~' z•;~` 1 " = 50' 20' 40' EAST LINE OF BLOCK 10 - w z c ., 0 z ., x w h d x a ~:~:~1 ~i "Y '~ t~ ~ ~~ G' \ ~ ~~ "~ J ~, 000 g WEST LINE OF BLOCK 11 BERKELEY HEIGHTS SECOND FILING BOOK 2, PAGE 2 BOOK 1810, PAGE 256 '~ ~ ~ ~ O \ ~., •.:. S a ~ ,... n ~" I ~' ,: i ~!% ~'• I `~ 1 d i ;. ~..~'4,„ ~~ Cam ~, o . , ,:: . ~. ~ ' ~' • h I p ~ ~ i I • ~ ~ ~~---.. a" I ~'~° ~~ 11 !) y.; 4_ a na~ ~ •' I r ~ ~ t' .~ b' ` a r I _.__. ' f ~ ~ . Y ' ,f9 ~. ~ yY q, :.'~ ~ ~~ Fict~r f3rr G ".l.N'Nw ~.. ... r ~~~ ~I ~"l~ ~~~ "_ j~. ... ~ -`'~~' ..~ ; . --- .,, pr r ~b 55 ) bal • ~~ea.. r `' dS / i~ L 9i -e ~.. O m g !r, Ir y 'i '~!; ~ • 44 g NWe I••ie W`+ aa ~y 1 pp 33 g -1 c.:. '' qi 1 ,77t ''~~ N~ ~ P~n Wjl anv w} c a 1 1 9 II HN~4Da rr~ .. w ',~,. ~ ~1~ 1 i f 4 i town ~ww w ~ ~ ''t !~ ~ is 71 k ~, ~~ ~ Rte,. ~.M~'' o ~„ ~, .' ! ~ a~ ~ ~ ~ ~ tut T' n•Me Y ¢~ I '.I n !1 Yf T . iq+ •~i>'' ~1 ~~ i ~ K ~I Cxrt ~p.1f7'nry ep~p f F: ~• i~ 3 1 ~~~4pp q U p H! ~ w V t I n x~r d+ .~ ^ t ~~fr " ~ ;:~ i n Nn M 1~ 'f * fS iJ,;; ~ ~ •.~ja ~tN~''Ff~.. F ~ `{ ~ t ~ n ui u n v. F H t ~A f ~ 4, w EE ~ • ' pp ". ~'.mu•y....nr' ! ~ ~ Hm ~ ~ i t+ n e Y+Y ~ ~ ~ ~ 1 'lm^ r_ -} ' i ~ ~ t1 'S N f1 A d N t ! 411i ~ • Vy Rnp a ~~++ ~Pr !"~ 1 d ram Yn„MN A 1 ....! /'~F I ~ ' M. i ~ i Y ~ pI. V i .. J .~. 45 +` S7 a ,v, wu I.. n PI , ~ ~ ~ 1•~ M N {~ i Si. hi'.: ~ ~ ~ t n a i 1..4.~~ R ~ ( p i :~ (Ilf' h., ~ ~~! ~ obl~~~lyyy ' 1 ~1 i n1~pdN ~N I ~ ' •, ~ paw N W ~ 1 ii, ~ ' '1 ~ t ~ xmw rwr~ ~ ~ C {~ 1 p. to ~• I ~ ,~ • itp A YMp N ;+p f.N d ~N i ~ ~~ ~ { L~ A 1:. L 39ttd 0Z59ZZEE0£ °QI - 9Li3ZSA9 2[000SL]^ °L10273 L9°00 L6-BZ-SOO - -- /' tL. o • u1 • -i-~ ~3~ .. ~._~ ~ f f ~` w~s \ T i f ~8~ ` ~~ 1; ~~ ~~. ~ ~..~. t 1 ~.: ~ I ~ ~,. ~ ~ f ~ 1 ~~ ~u~3OdLt7 i 1~~~5 T ~xtSnaLt~ 0 X N >~jt~i$~~r ~ A Y CONSULTING ~ SELLARDS & ~GRIGG, INC. ENGINEER 5 I~ 143 Union Boulevard, Suite 760 Phone: (303) 966-1444 1i~ Lakewood, Colorado 80226 Fax: (303) 986-0994 Sheet 1 of 2 ~RSHATS" STREET VACATION (REVISED OCTOBER 22, 1997) A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: 1. On the east by the west line of Block 11, BERKELEY HEIGHT'S SECOND FII,ING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west line (aka Course No. 3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Cannino T. DiGiacomo and Teadora DiGiacomo to The Department of Highways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that parcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April 10, 1941. Said 40 foot strip contains 13,170 square feet (0.302 acres), more or less. All instruments as recited above aze of Jefferson County Records. Exhibit A as attached hereto is made a pazt hereof. The author of this description is Mr. John S. Lambert, PLS 13212, prepared on behalf of Sellards & Grigg, Inc., 143 Union Boulevard, Suite 700, Lakewood, CO 80228, on October 22, 1997 under S&G No. 97389-21 for Myers, Bradley & Devitt, PC and is not to be construed as representing a monumented land sur•°° 97389/21~sUmarshall.rev October 30, 1997 Sean McCartney City of Wheat Ridge Planning and Zoning 7500 West 29th Avenue W}.eat Ridge, Colorado 80215 4704 Harlan, Suite 420, Bank One Building Lakeside Office Park, Denver, Colorado 80212 (303) 433.8527 Fax (303) 433.8219 Frederick J. Myers Jon T. Bradley ~~~~~~~~ Jerald J. Devitt Randall C. Arp OCT .~-+ ~ ~~g~ SPECIAL COUNSEL Kent E. Hanson _____.._________ David M.Kanigel Re: Russ and Jan Anderson 6465 West 48th Avenue (north of I-70) Dear Sean: After we forwazded the correspondence to the Planning and Zoning Department on October 24, 1997, directed to Meredith's attention, I spoke with you and learned that you believe that all of the issues regarding any variances that we may require will be heard at the Planning Commission meeting on November 20, 1997. I understand that you spoke with Mr. Spencer at Outdoor Systems and he indicated that they have already submitted drawings and designs for the sign so that there should be no confusion about what it is that is being sought by my clients. If any additional documentation is necessary, please let me'know as soon as possible. We aze anxious to cooperate and bring this to a conclusion as quick as reasonably possible. Hopefully, it will be finalized at the Planning Commission meeting on November 20, 1997. Thalilc you for your cooperation in bringing all of these issues together. Yours very truly, DEVITT & ARP, P.C. JTB/sg _ _ _ ~ ~~ F MYERS BRADLEY DEVITT ~ ARP, P.C. ATTORNEYS AT LAW cc: I;<{iss and Jan Anderson ~XyICSrT Fr City of Wheat Ridge Planning and Development Department Memo To: Alan White From: Sean McCartney Subject: Marshall Street Billboards Date: December 3,-1997 On November 20, 1997, the Wheat Ridge Planning Commission reviewed a request for aright- of-way vacation and billboard variances (setback and separation) for a property located out at Marshall Street and West 48"` Avenue. Planning Commission approved the request and forwazded the case to City Council. It is set for first reading before the City Council on December 8"'. Here are some of the highlights: Outdoor Systems, the billboard agency, has removed two of the three billboards in hopes that the variance is approved. The proposal is to build a new billboard in the vacated right-of-way with no setback from I-70. 1x Because of the removal of the two billboards, there are now billboards in the B-2 billboazd district. If the variances are denied, the billboard may remain in the existing site, however there may not be any modifications to the billboard and permission or an agreement with the City would be needed. Due to the nonconforming separation between said billboard and the billboazd located near the D.A.V., any modifications to said billboard will nullify the existing nonconforming status. Yet, it should be noted that because of the removal of the two other billboards, said billboard may be relocated to any other conforming location without the need of a vaziance. If the vacation is denied, the billboard must be removed. The billboard could be relocated somewhere else, as long as all development regulations, established in the sign code section of the Code of Laws, were in compliance; The applicant has stated that they will need to remove the existing trees on the property to the east should the setback and vacation variances be denied. However, the applicant has also stated that the trees are valuable to them due to the sound barrier they provide from nearby I-70. Bill Cassel recommended leaving the trees on the property. TO: Sean McCartney, Planner FROM: Greg Knudson, Development Review Engineer ~, 1997 memo) DATE: November 13, 1997.(Amendment to Auqust 22, SIIBJ: Vacation of Marshall Street ~ West 48th Avenue/WV-97-2__ The Public Works Department has reviewed the .Planning Department referral dated July 16,-1997 for the above referenced site, and has the following comments: 1. We will need an exhibit consisting of an accurate legal. description for the area to be vacated. Please make sure that no portion of Marshall Street (State Highway 72) is vacated by this action. 2. Please note that the original name of this street was lat. "Illinois Avenue", by the Berkley Heights, 2nd Filing p The west ~ was vacated by deed at Book 100, Page 495. 3. The Traffic Department has reviewed this referral, with no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer. John McGuire, City Surveyor File ./r.0 \^0_ ~~ h• ' f • rl )1 IVI,7JGI rn f.l_I:. bill IJf7• 42h~.", I ~ I I/' I I:~41 try. v~ ...t ~ ~I~ rittr,,; r 1'F.ItSQNAL RF,PRF.SF,NTATIVFPti I)F:F•:I) (TESTATE. ESTATFI TllIS DF:FUis made by'_.. Adeline B ros..____ as ferwnal ReprcacnGt[ive of the F:sULLe of TandDr-a~i .Gi acomo_d/k/a Teadora Di 63 aC01a4it~ur.married person)'', deceased, GrttntogW R~~tcp~ E And ^ and Ja .110d¢rSQ~antee whose address is_.^A88CI~'akl_/,~)~db•(Ubkl'.hkX~/NI!k•~/~~Lfi//F~7P~"' 224'13 Valley H~gh Rd. **d/k/? Mrs Di fi aroma -- r ,,, Morrison, CO 80465 WHF,REAS, the above-named decedent in his lifetime made. ;md executed hie Last Wdl and Testament dated January 17 1y8~ „which Wih x•ax duly admitted to VPof~aemt)(informall probate on ~ctOber 24 _~, ~ , ny_t}to Di str7Ct _- _ _ __,_ (;otr rt in and for the County of Jefferson ,;mdState of Cn to rule. F'rnhate Nu. ~8PR801_._._~_; ~~ ~~ I ~ f WHF.RF.AS, 19t~nWr was duly apPflinteei Personal Rrpresentxtice of said Estate on October 221/ 9_88 • ly___•;rnd i8 now qualified and ru•tin{; in zaid c:rpac•ity. ~~ ~~ '_ !y ~. w N d rn i W p ~.N1 ~~ R a~- N .! NOW THEREFORE, pursuant to the fxtteers conferred ..pm Grtntor b;; the Colorado Probate Code. Grnntur dues hereby sell, co a •, tssi m, t ms ~md s •t naa•r unto Grantee tin joint r'~ne\ Flundi`ed e'en ~~)ousan~ Cennncy)'(for .mJin rnnstderntion of__.. ... -- .__-_.-_ - ..._. I)upnrsl•'fAs the {wrsc•n entitled W distribution of the property under the shove ca Plumed Will)• the followinx described reniproperty situate in the Countl'of__Jefferson____,State of Cola redo: Lots'-7,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,25,26,27,28,29,30,31,32, and 33, Block 11, BERKELEY HEIGHTS, SECOND F'.LiNG, exception those portions of said lots 13,14,15, and 16 conveyed by the par ;y of the first part on October 1, 1942 by Warranty Oeed recorded on October 5, 1942 to Albert H. Blakeslee and Maude M. Blakeslee, and except those portions conveyed in Oeeds recorded November 4, 1953 in book 830 at page 257 and on July 26, 1965 in Book 1810 at ••------~-•--~~•-' 'ur ow„o i•.n am1_excen~ mrv. uucl.i uu ivinq eiLilin Sleie covenants, easements and restrictions of record, and subject to genera proper .y taxes for the year 1990 and subsequent years. * Together with the vacated alley adjoining said lots. 'Jacated Decemberl0, 1y52 in book 786 at page 396. •t This deed is being re-recorded to r.orrect the lgoal description contained in deed recorded November 11, 1991 at reception no. 91 ion 75R. As used by rein. the sin>;ulnr includes the plural and the manruluu• gender the feminine and neuter kn'nders ns the context may require. F.xcruted .. _ _NOVember_ ri.-. 1:741. ~~. ~ ,. Jefferson t•pl~N•1.1•uf•' a4 Pr r.nn:d Repreront un. r of th.• hl.r:u,,,,l. ieodora 01 Giaccxno a/k/a ** t:\n 1'nrtuuTU•d Person)••I)ecensed **Teadora DiGiacomo a/k/a Dora D1 Giacomo til'A'1' h: o F t'U Ln it:\ I rc 7 Sth duy of 'I•heI'um),nmlgnnlrunu•nlan,rurknoltlr~drr• 6r~l~nrnu•Ihi• November ,I,t 91 •I,t. Adrlli~oR~ as01 Giarano a/k/a Teadora DiGiacomo 114 I'ersouul Hoprraont m Ive of I hr F:4t an"~I (nn unnmrrlo~l lhn•wn11••, Irerouserl, a/k/a Dora Di Giacomo K•ItIH•55 1111' I!ilfld :11111 nf~IrB1 4ea Al y trt m gl l<ntiv~r• ~ py~r•n.. 71 194 ~ ~, •titt'Ike hs l'gliiu re il•~ /~ "~l rlkr if drr•edi•nt•at'an~ninnted, I: •tr i• 4.ru, :•m.alr 1:.La .i,b~ jtunrt,•, n•c:,rdiug honu•..d•ud e %„111 pllu ll• IbY Inn+111i1• re:lnll'enl,•I II ul :, I A.,.,1 L,aI "It t ~, In:' -,••u•r r'f'r're !'....anal l4.p. ., .,r:,e,.. .U.wlrTr.,.r.., n., i ,: .: :.:...w. .,.a • CITY COUNCIL MINU~; January 26, 1998 .' Page -3-~~~~~~ With the following conditions: 1. The applicant dedicate land along his northern property line as right-of-way for--West 45th Avenue. 2. Anon-exclusive utility easement be reserved over the entire portion being vacated; seconded by Mr. Eafanti; carried 8-0. MO i n by Mrs. Dalbec that'the request for the $100 filing fee refund be granted to the applicant; seconded by Mr. Mancinelli; carried 5-3 with Councilmembers Siler, DiTullio, and Worth voting no. Item Council Bill 54 - An Ordinance vacating a portion of Marshall Street (formerly Illinois Avenue), in the Berkeley Heights Second Filing, within the City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WV-97-4) Council Bill 54 was introduced on second reading by Mr. Mancinelli; title and summary read by the Clerk; Ordinance No. 1107 assigned. Jerry Devitt, 4704 Harlan Street, was sworn in by the Mayor; he is an attorney, representing the applicants and presented their case. Sean McCartney presented the ,staff report. Jan Anderson, applicant, was sworn in by the Mayor and answered . questions. Motion by Mr. Mancinelli that Council Bill 54,,Case No: WV-97-4, Ordinance 1107, an application for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 west 48th Avenue) be approved for the following reasons: 1. The property is and has always been unused for street .or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval; seconded by Mr. Siler; failed .3-5 with Councilmembers Siler, Mancinelli, and Donnelly voting yes. Mo ion by Mrs. Shaver to postpone the issue of the variance indefinitely; seconded by Mrs. Dalbec; carried 7-1 with Mr. Mancinelli voting no. CITY COUNCIL MINU~: January 26, 1998 . Page -4- ` item 3. Council Bill 55 - An Ordinance amending Section 2-62 (b) and Section-19-29® of the Wheat Ridge Code of"Laws, concerning the Civil Service Commission. Council Bill 55 was introduced on second reading by Mr. DiTullio; title read by the Clerk; Ordinance No. 1107 assigned: --- - Motion by Mrs. Dalbec to postpone this Meeting on February 9, 1998; and that of the two meetings with Mr. Dahl and provided to us in the packet; seconded Mr. Siler voting no. Item until the next Regular at that meeting we have copies . the Civil Service Commission by-Mrs. Worth; carried 7-1 with DECISIONS R SOLUTIONS AND MOTIONS Item 4. .Confirmation of Mayoral appointments to EDARC. ---- Motion by Mr. DiTullio that the Mayoral appointment of Sandra Collins from District I be confirmed for membership on EDARC; seconded by Mr. Eafanti; carried 8-0. Motion. by Mr. DiTullio that the Mayoral appointment of Elwin Riplinger from District IV be confirmed for membership on EDARC; seconded by Mr. Eafanti; carried 7-1 with Mrs. Dalbec voting no. Motion by Mr. DiTullio that the Mayoral appointment of Rae Jean Behm from District III be confirmed for membership on EDARC; seconded by Mr. Eafanti; Mrs. worth asked for a friendly amendment that we get an application from Mrs. Behm; carried 8-0. Item 5. Acceptance of Grant Award from Colorado Historical Society and approval of contract for matching funding from the Wheat Ridge Historical Society. Motion by Mrs. Dalbec that the City Manager be authorized to accept the grant for the Baugh House Restoration from the State Historical Fund, in the amount of $10,750.00 and to enter into an agreement for said purpose with the Colorado Historical Society; seconded by Mr. DiTullio; carried 7-0 with Mrs. Worth abstaining. ___..~~. --~- _ _:...~._._-r.~.____-..__--_.-. 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