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HomeMy WebLinkAboutWA-05-207500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Whelp Telephone 303/235-2846 Ridge FAX 303/235-2857 February 6, 2006 Ryan Kring Site Enhancement Services 3699 W. Lathrop South Bend, IN 46628 Dear Mr. Kring: RE: Case No. WA-05-20 Please be advised that at its meeting on January 26, 2006, the Board of Adjustment DENIED your requests for approval of (A) a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and (B) a variance to the maximum size allowed for wall signs for property located at 5400 W. 38th Avenue and zoned Commercial-One (C-1). Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions Sincerely, Kathy Field Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: Greg Ham Cadence Capital Investments 8489 E. Orchard Rd., Ste. 6900 Greenwood Village, CO 80111 WA-05-20 (case file) Building File CERTIFICATE OF RESOLUTION I, Ann Lazzeri, 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 26th day of January 2006. CASE NO: WA-05-20 (A) APPLICANT'S NAME: Site Enhancement Services .Cadence Capital Investments LOCATION: 5400 West 38th Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-20 (A) is an appeal to this Board from the decision of an administrative officer; and . WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there WERE protests registered against it; and WHEREAS, the relief applied for MAY NOT be granted 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 INTO. WA-05-20 (A) be, and hereby is, DENIED. TYPE OF VARIANCE: A variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs. FOR THE FOLLOWING REASONS: 1. The Board found the arguments of "problematic" and "awkward" as to a hardship unpersuasive as to practical benefit to visibility in this case. 2. The problem of visibility described as being addressed by the setback encroachment will not be unique to this building but common to any building built along the corridor in accordance with current design standards. VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, PAGE NO: None ABSENT: BELL, BYBEE, HOWARD Board of Adjustment Resolution WA-05-20 (A) Page two (2) DISPOSITION: A request for a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs was DENIED. ADOPTED and made effective this 26`h day of January, 2006. Paul ~rdda-,-CFa-ir Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment CERTIFICATE OF RESOLUTION I, Ann Lazzeri, 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 26th day of January 2006. CASE NO: WA-05-20 (B) APPLICANT'S NAME: Site Enhancement Services Cadence Capital Investments LOCATION: 5400 West 38th Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-20 (B) is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there WERE 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-05-20 (B) be, and hereby is, APPROVED. TYPE OF VARIANCE: A variance of 28.5 feet difference from the maximum allowable area for wall signs on the north elevation of the building for property zoned Commercial One. FOR THE FOLLOWING REASONS: It does not affect the essential character of the neighborhood. 2. It is a commercial corridor and motorists traveling will expect signage to allow them to locate and safely access the property. 3. Having signage different sizes on the north and east is problematic for the shorter side of the building. 4. Constructing a wall sign on the north elevation smaller than the sign on the east may look awkward given their proximity to one another. 5. Staff recommended approval of the variance. Board of Adjustment Resolution WA-05-20 (B) Page two (2) VOTE: YES: BLAIR, HOVLAND, PAGE NO: DRDA, ABBOTT ABSENT: BELL, BYBEE, HOWARD DISPOSITION: A request for a variance of 28.5 feet difference from the maximum allowable area for wall signs on the north elevation of the building for property zoned Commercial One was DENIED based on Chapter 2, Article 3, Section 2-53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 26th day of January, 2006. Patel TSrda, Chair Board of Adjustment O Ann Lazzeri, Secretary Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 26, 2006 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair Drda at 6:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Paul Hovland Betty Jo Page Members Absent: Bob Howard Janet Bell Dan Bybee Staff Present: Meredith Reckert, Senior Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of January 26, 2006. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one to address the Board at this time. 4. PUBLIC HEARING A. Case No. WA-05-20: An application filed by Advance Auto Parts for approval of (A) a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and (B) a variance to the maximum size allowed for wall signs for property located at 5400 W. 38th Avenue and zoned Commercial-One (C-1). The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended denial of the freestanding sign variance and recommended approval of the wall signage variance for reasons outlined in the staff report. This is the first significant commercial development within the 3 80` Avenue streetscape improvement area. The design elements of this project will likely set Board of Adjustment 1 01-26-06 the tone for future redevelopment on this corridor. A 25-foot high pole sign with a 5-foot setback from 38a' Avenue is inconsistent with the objectives of the Streetscape and Architectural Design Manual and the intent of the City's investment in this corridor. The allowance for two wall signs on the building provides sufficient visibility for motorists and pedestrians. Allowance of a 25-foot high pole sign in this location would also contribute to visual clutter on 38th Avenue and would not compliment the building's architecture and materials. The applicant could construct a freestanding monument style sign 7 feet in height with a 5-foot setback without the need for a variance. Ryan Kring 18034 Pierce Road Greenland, IN Mr. Kring was sworn in by_Chair DRDA. He stated that good exposure through signage is very important in order to direct customers to the business. The sign requested is compatible with other Advance Auto Parts stores throughout the country. He entered two additional options for signage into the record. Copies were provided for Board members. He stated the applicant was complying with city requirements regarding landscaping and building materials. Without the city's Streetscape and Architectural Manual requirements, the building could have been set further back and had room for a larger sign without need for a variance. John Montoya 3755 Benton Street Mr. Montoya was sworn in by Chair DRDA. Mr. Montoya lives next door to the proposed building and spoke in favor of the application. He stated that the applicant's contractor had built a 6-foot fence for him and also paid for water the Montoya's allowed him to use. He stated that the signs would not bother him. .;w Charles Durbin' 3703 Ames Street Mr. Durbin was sworn in by Chair DRDA. He stated that he was not opposed to the business but spoke in opposition to the variance. He stated that the city has spent over three million dollars to improve 38th Avenue and the variance would not be compatible with other businesses in that area. The variance would also violate five sections of the sign code. He submitted two photos of Advanced Auto Parts store signs in Arvada. Ronald Peterson 4106 Yates Street Mr. Peterson was sworn in by Chair DRDA. He is the owner of the car wash adjacent to the proposed building. He stated that he was not opposed to the business but was opposed to the sign variance because the sign would practically block the view of his car wash. There were no other individuals who wished to address this matter. Chair DRDA closed the public hearing. Board of Adjustment -2- 01-26-06 Chair DRDA commented that he did not believe that a hardship had been demonstrated in this case. Board Member HOVLAND agreed that a hardship had not been demonstrated for the freestanding sign variance. There were no other individuals who wished to address this case. Chair DRDA closed the public hearing. . Upon a motion by Board Member ABBOTT and second by Board Member PAGE, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-20 (A) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there were protests registered against it; and Whereas, the relief applied for may not be granted 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- 05-20 (A) be, and hereby is, denied. Type of Variance: A variance from the maximum allowable height, max MUM allowable size and setback requirements for freestanding signs over 7 feet in height for property zoned C-1. k~E T.` For the following reasons: 1. The Board found the arguments of "problematic" and "awkward" as to a hardship unpersuasive as to practical benefit to visibility in this case. 2. The problem of visibility described as being addressed by the setback encroachment will not be unique to this building but common to any building built along the corridor in accordance with current design standards. The motion passed 5-0. Chair DRDA advised the applicant that this request for variance for a sign height, size and setback variance for a freestanding sign was denied. Board of Adjustment - 3 - 01-26-06 Upon a motion by Board Member ABBOTT, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-20 (B) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there were protests registered against it; and Whereas, the relief applied for may not be granted 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- 05-20 (B) be, and hereby is, denied. Type of Variance: A variance from the maximum size allowed for wall signs for property zoned Commercial One. For the following reasons: 1. The Board found the arguments of "problematic" and "awkward" as to a hardship unpersuasive as to practical benefit to visibility in this case. 2. The problem of visibility described as being addressed by the setback encroachment will not be unique to this building but common to any building built along the corridor in accordance with current design standards. The motion died for lack of a second. Upon a motion by Board Member PAGE and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-20 (B) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that 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. Board of Adjustment 4 01-26-06 Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 05-20 (B) be, and hereby is, approved. Type of Variance: A variance of 28.5 square feet from the maximum allowable area for wall signs on the north elevation of the building for property zoned Commercial One. For the following reasons: 1. It does not affect the essential character of the neighborhood. 2. It is a commercial corridor and motorists traveling will expect signage to allow them to locate and safely access the property. 3. Having signage different sizes on the north and east is problematic for the shorter side of the building. 4. Constructing a wall sign on the north elevation smaller than the sign on the east may look awkward given their proximity to one another. l~ `'j 5. Staff recommended approval of the variance. The motion failed by a vote of 3-2 with Board Members DRDA and ABBOTT voting no. (A motion for approval required a super-majority of 4 affirmative votes.) Chair DRDA advised the applicant that his request for variance for wall signage square footage was denied. B. Case No. WA-05-21: An application filed by Paul Halliday for approval of a 2 foot rear yard setback variance from the 10 foot rear yard setback requirement resulting in an 8 foot rear yard setback and a variance to the maximum building coverage requirement for a detached garage on property zoned Residential-Two (R-2) and located at 3440 Estes Street. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. He advised the Board that the request for a 2-foot rear yard setback variance had been withdrawn and only the variance to the maximum building coverage would be required at this time. Staff recommended denial for reasons outlined in the staff report. Paul Halliday 3440 Estes Street Mr. Halliday, the applicant, was sworn in by Chair DRDA. He stated that he plans to use uie detached garage as an artist studio and woodworking shop. 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Table 4• Standard Sign Size & Height Guidelines for On-Premise Signs 2 Speed Limit Number of Size of Face Sign Height Traffic Lanes, i 25 mph 2 25 sq. ft. 12 feet (40 kph) (2.3 sq. meters) (3.75 meters) 25 mph ' 4 32 sq. ft. 12 feet ' (40 kph) ; (3 sq. meters) (3.75 meters) 35 mph 2 32 sq. ft. 20 feet (55 kph) (3 sq. meters) (6 meters) 35 mph 4 42 sq, ft. 20 feet (55 kph) (4 sq. meters) (6 meters) 45 mph 2 75 sq. ft. 35 feet (70 kph) (7 sq. meters) (10.75 meters) 45 mph 4 90 sq. ft. 35 feet (70 kph) (8.4 sq. meters) (10.75 meters) 55 mph 2 150 sq. ft. 50 feet (85 kph) (14 sq. meters) (15.25 meters) i 55 mph 4 200 sq. ft. 50 feet (85 kph) (18.5 sq. meters) (15.25 meters) Urban N/A 300 sq. ft. 75 feet Freeway (28 sq. meters) (23 meters) Source: Schwab, 1998, converted to metric g Page 76 Z .Y~ -G%~=- 4 TO: CASE NO. & NAME: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment CASE MANAGER: Jeff Hirt WA-05-20/Site Enhancement Services DATE OF MEETING: January26, 2006 ACTION REQUESTED: Approval of a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and a variance to the maximum size allowed for wall signs for property zoned Commercial- One (C-1). LOCATION OF REQUEST: 5400 West 38th Avenue APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: Site Enhancement Services Cadence Capital Investments 38,554 (.89 acres) Commercial One (C-1) (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map (X) DIGITAL PRESENTATION Parcel Board of Adjustment - I Case WA-05-20/Site Enhancement Services Jurisdiction All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The property in question is located at 5400 West 38`h Avenue. The property has Commercial-One (C-1) zoning. Construction is currently underway on the property for an approximately 7,000 square foot Advance Auto Parts retail store at this location. The applicant, Site Enhancement Services is requesting this variance on behalf of the property owner The request is for approval of the wall signage and freestanding signage shown on the plans submitted It has been determined by staff that in order to construct the signage as shown, a variance from the maximum allowable height and setback requirements for freestanding signs and a variance to the maximum size allowed for wall signs is required. Per Section 26-709 (D) of the Code of Laws, the regulations for signage on this property are as follows: Freestanding Signa¢e • 15 foot maximum height • One freestanding sign per street frontage • Setbacks from right-of-way - 5 feet if sign is 7 feet or less in height, 10 feet if sign is between 7 and 25 feet high. • Size allowed is based on the floor area of the building (Table for calculations is in Sec. 26-709 (D) of the Code of Laws). There is also a provision in the Code of Laws for the transfer of allowable signage for freestanding signs if 2 freestanding signs are allowable by virtue of multiple street frontages. Such transfer cannot allow the larger sign to exceed 150 percent of the maximum area allowed based upon building area. If the sign area is transferred from 1 allowable sign to another, only the larger sign is allowed and the second sign is not be permitted. With this provision, the maximum allowable area for one freestanding sign on this property is 156 square feet (104 square feet is allowed, 150 percent of 104 square feet is 156 square feet). Wall Sienaee • One wall sign is allowed for each wall which faces a public street or major interior drive. • Maximum area can be no larger than 1 square foot for every linear foot of the side of the building to which it is affixed. For the subject property, wall signage is allowed on the east (facing Benton Street) and north (facing 38s' Avenue) elevations. A 70 square foot wall sign is allowed on the north elevation (north wall is 70 feet long). A 120 square foot sign is allowed on the east elevation (east wall is 120 feet long). It is also important to note that this property is subject to the regulations in the Streetscape and Architectural Design Manual. Per Section 26-223 of the Code of Laws, all properties with commercial zoning are subject to the regulations in the Manual. Sec. 2.6 (Signage) in the Manual has the following notable regulations for signage. These regulations are not requirements, they are recommendations. • Monument style signs are encouraged. • Design which treats poles as low cost and expedient methods of structural support is discouraged. • The materials of the ground sign supporting wall should resemble the materials of the building. Signs should compliment the building architecture. Section 4.2 of the Manual also requires conceptual review by the City's Design Review Committee (DRC) for projects which are governed by the Manual. This development was governed by the regulations of the Manual, therefore conceptual plans were submitted and approved prior to Advance Auto Parts receiving their building Board of Adjustment Case WA-05-2WSite Enhancement Services permit for the project. Approval of the conceptual plans was given by the DRC with conditions. One of the conditions of approval was regarding signage. The conditions (numbers 16 and 17 on the attached memo) state that only monument style signs shall be allowed, and wall signage must be in conformance with the City's sign code The signs shown on the elevations submitted are as follows: Freestanding Sign - A 25 foot high, freestanding pole sign setback 5 feet from the 38'h Avenue right- of-way, 108 square feet in size. Wall Signs - Two wall signs, one on the north elevation and one on the east elevation. Each wall sign is 98.5 square feet in size. There is a red background shown, however only the text of the sign is taken into consideration for the size of the sign. Therefore variances are needed as follows to allow for the signs: • Freestanding Signage ➢ A variance of 10 feet from the maximum height of 15 feet for freestanding signs, resulting in a 25 foot high sign. ➢ A variance of 5 feet from the required 10 foot setback from the right-of-way for signs 7 to 25 feet high resulting in a 5 foot setback from the 38th Avenue right-of-way. ➢ No variance is necessary for the size of the freestanding sign. • Wall Signage, North Elevation - A variance of 28.5 feet from the maximum allowable area for wall signs. The north wall is 70 feet long, and the wall sign is proposed at 98.5 square feet. • Wall Signage, East Elevation -No variance is necessary. The east wall is 101 feet long, and the wall signage is 98.5 square feet. Separate motions by the Board are required for each component of this request H. CASE ANALYSIS The subject property is 38,218 square feet, or .88 acres. The property measures approximately 150 feet wide with a depth of 256.75 feet. The area surrounding the property in question consists mainly of commercial uses. Adjacent properties include a car wash to the west, multi-tenant commercial uses to the immediate east and directly north across 38"x' Avenue, and single and multi-family residential structures to the south and east. The variances required are for both the freestanding and wall signage. The applicant may construct a freestanding, monument style sign 7 feet in height with a 5 foot setback without the need for any variances. The City has required the building to be closer to the street, with a 15 foot build to line as required by the Streetscape and Architectural Design Manual for this property. A request for a variance to this 15 foot build to line was made for this property in 2004 by a different applicant and property owner than is making this request. Case Number WA-04-08 was a request for a variance of up to 55 feet from the 15 foot build to line to construct a one story retail building on the subject property. The request was denied at the January 2005 Board of Adjustment hearing. One of the reasons for denial was that the request was contrary to the intent of the Streetscape and Architectural Design Manual. The current property owner, architect, and Advance Auto Parts have been willing to comply with the regulations of the Streetscape and Architectural Design Manual. They have designed the building to be pushed closer to the street, and they have provided significant architectural upgrades from the typical corporate design of an Advance Auto Parts retail store, as well as streetscape and landscaping amenities. Such amenities include Board of Adjustment 3 Case WA-05-20/Site Enhancement Services the use of brick on the fagade of the building, and streetscape improvements on Benton Street to match the existing improvements done by the City on 38" Avenue. In constructing the building to be in compliance with the 15 foot build to line, the orientation of the building provides limited area for wall signage on the north elevation (facing 38'" Avenue) given the size regulation for wall signage (size for wall signage is based on linear footage of the wall). This factored in with the length of the text needed for signage ("Advance Auto Parts") makes providing adequate wall signage on the north elevation problematic. In addition, constructing a wall sign on the north elevation smaller than the sign on the east elevation may look awkward given their proximity to one another. The intent of the required build-to line of 15 feet, in particular with this portion of 38 h Avenue, is to allow for neo-traditional design where commercial structures are pushed forward towards the front property line. The buildings should be located closer to the street to focus on pedestrian activity rather than excessive pavement, parking lots and cars. The parking areas are de-emphasized as a design feature and are usually located behind or beside the structure. To support the Streetscape and Architectural Design Manual and encourage this type of design, the City of Wheat Ridge invested significant funds into a pilot streetscape project on 38"Avenue between Sheridan Blvd. and Harlan Street. Improvements to the subject property at the city's expense included installation of a detached sidewalk, a five-foot wide treelawn with the planting of trees, corner treatment, and a decorative fence This is the first significant commercial development within the 38`" Avenue streetscape improvement area. The design elements of this development will likely set the tone for future redevelopment on this important corridor for the City. A 25 foot high pole sign with a 5 foot setback from 38" Avenue is inconsistent with the objectives of the Manual and the intent of the City's investment in this corridor. The allowance for two wall signs on a building setback 15 feet from the 38 h Avenue right-of-way provides sufficient visibility for motorists and pedestrians from the street and sidewalk. The allowance of a 25 foot high pole sign in this location would also contribute to visual clutter on 38`" Avenue, and it does not compliment the building's architecture and materials. It is also important to note that one letter of objection from an adjacent property owner has been received H. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 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? If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a retail store providing adequate signage without the need for any variances. 2. If the variance were granted, would it alter the essential character of the locality? The request for a 25 foot pole sign with a 5 foot setback from 38th Avenue will have an adverse effect on the essential character of the locality. Such a sign is inconsistent with the pedestrian scale and appearance of the streetscape improvements, as well as the building orientation. Granting of the variance for the wall signage would not have an effect on the essential character of the locality. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Board of Adjustment 4 Case WA-05-20/Site Enhancement Services There are no conditions related to the shape or topographical condition of the property that render any portion of the lot unbuildable for a freestanding sign, or necessitate a variance for wall signage. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has created his own hardship by requesting the variances for freestanding signage. The applicant may construct a freestanding, monument style sign 7 feet in height with a 5 foot setback without the need for any variances. The City requiring the building orientation as it will be constructed makes it problematic for adequate wall signage on the north elevation however. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Approval of the variances would not be detrimental to the public welfare or injurious to other property in the area. The requests would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Property values should not be impacted as a result of this request. 6. If criteria 1 through 5 are found, 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 ofa person with disabilities? The request for a variance to freestanding signage and wall signage would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. Approval of the variance for freestanding signage would be a negative contribution to the neighborhood; being contrary to the intent of the Streetscape and Architectural Design Manual, the City's investment in streetscape improvements in this corridor, and contribute to visual clutter on 38's Avenue. The request would not result in a reasonable accommodation of a person with disabilities. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Freestanding Signage A request for a variance of 10 feet from the maximum height of 15 feet for freestanding signs, resulting in a 25 foot high sign; and a variance of 5 feet from the required 10 foot setback from the right-of-way for signs 7 to 25 feet high resulting in a 5 foot setbackfrom the 38"' Avenue right-of-way. Upon review of the above request, staff concludes that the above criteria are not supportive of the variance request. Staff has found that there are not unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1) The applicant may construct a freestanding, monument style sign 7 feet in height with a 5 foot setback without the need for any variances. 2) If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a retail store providing adequate signage without the need for any variances. 3) The request for a 25 foot pole sign with a 5 foot setback from 38d' Avenue will have an adverse effect on the essential character of the locality. 4) The applicant has created his own hardship by requesting the variances for freestanding signage. Board of Adjustment 5 Case WA-05-20/Site Enhancement Services 5) Approval of the variance for freestanding signage would be contrary to the intent of the Streetscape and Architectural Design Manual, the City's investment in streetscape improvements in this corridor, and contribute to visual clutter on 38 ° Avenue. Wall Signage, North Elevation A request for a variance of 28.5 feet from the maximum allowable area for wall signs, resulting in a 98.5 square foot sign. Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1) Granting of the variance for the wall signage would not have an effect on the essential character of the locality. 2) The City requiring the building orientation as it will be constructed makes it problematic for adequate wall signage on the north elevation. 3) Constructing a wall sign on the north elevation smaller than the sign on the east elevation may look awkward given their proximity to one another. Board or Adjustment Case WA-05-20/Site Enhancement Services Justifications for Approval of Advance Auto Parts Sign Proposal A. 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? Advance Auto Parts strives to locate their properties where they can provide adequate exposure to their customers. Unlike Nike, for example, our trademarked name Advance Auto Parts is much longer. As a result increased square footage is required to allow for our name orientation. The red panels are simply an architectural detail of the building. These panels are non-illuminated and simply serve to enhance the building. This proposal is the minimum amount of relief necessary to allow this commercially zoned parcel to reach its maximum zoning potential. This will not only increase revenue to the property but will also result in an increase in valuable tax revenue for the community. B. If the variance were granted, would it alter the essential character of the locality? This is a commercial corridor. Motorists traveling along this corridor want and expect signage to allow them to locate and safely access the property. Our proposal coordinates with the overall building and trade corridor. C. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship as distinguished from a mere inconvenience if the strict letter of the regulation were carried out? This property is located on a hard corner. In order to provide the minimum amount of exposure necessary for our customers to safely locate our property these signs represent the minimum amount of exposure required. Typically AAP would utilize three wall signs and a larger freestanding sign. Based on thoughts communicated through staff we have reduced the number and size of signs to represent the minimum amount of relief necessary. D. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The alleged difficulty is not a result of any person presently having an interest in the property. E. Would the granting of the variance be detrimental to the public welfare or injurious to other properties? Approval of this proposal would in no way be detrimental to the public welfare or injurious to other properties. In fact, by providing a quality wayfinding tool you will prevent unnecessary vehicular maneuvers such as u-turns, double backs, sudden stops, quick decisions, and EXHIBIT I excess drive time. A decrease in such maneuvers will help to promote an increase traffic safety. F. If criteria a through a are found, 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? As mentioned previously, allowing this property the proper exposure for the thoroughfares that serves it, will allow this commercially zoned parcel to reach its maximum zoning potential. This will allow for the property to reach its maximum potential, increase revenue as well as increase valuable tax revenue. This increased tax revenue can be used as a valuable contributor to improve the neighborhood or community. October 12, 2005 '4" A 18A Wheat Ridge, CO Site Enhancement Services I Ph: 1 . 888. 546. 6095 1 Fax: 1 . 574. 237. 6166 -1 w ..siteenhancementservices.com SES7 EXHIBIT 2 NORTH ELEVATION - 381'N AVENUE s~vs Ne-ro EAST ELEVATION - BENTON BTREET Y W. 0 0 N U N u N O U vj N U U C OJ N U C L C N LL r ~ o. II 00 n ~ r rn (V C) I U) p co • co co co e • _ N r \ h, \ r T T T T r LO LO B7 LL LO CO O) co r N v V LO r N co CC) o a M co T Ln N Cl) C C3 U ~ •L V^ O a U o U at r a e°i j ` _ r c Q W .t: = d w October 12, 2005 Scale: 1/8"=1 Wheat Ridge, CO Site Enhancement Services I Ph: 1 . 888.546. 6095 1 Fax: 1 . 574. 237. 6166 1 w ..siteenhancementservices.com Se/ U 1 W z ~a rr ~ ~ U I~ N V1 `ems- ~i ~ 1 dam' a M m N m m ' O C C3~ bA O 4-0 ~y t 7 QJ MO ~ 4 ~ CL a µ15~~ i q { EXHIBIT 3 City of Wheat Ridge Community Development Department Memorandum TO: Applicant; File FROM: Alan White, Director of Community Development SUBJECT: Commercial Development at 5400 West 3801 Avenue DATE: July 25, 2005 v The Wheat Ridge Streetscape and Architectural Design Manual was adopted by reference as a regulation to applicable development on February 26, 2001. Per Section 4.1 of the Streetscape and Architectural Design Manual, all development applications that are determined to be governed by the Streetscape and Architectural Design Manual are required to make a Conceptual Design Plan Submittal to the City of Wheat Ridge Design Review Committee (DRC) prior to making site plan submittal required by Section 26-111 of the Zoning and Development Code. It has been determined that the proposed commercial development at 5400 West 38t Avenue will be governed by the Streetscape and Architectural Design Manual. Approval of a Conceptual Design Plan (attached) has been requested by Cheng Ku of C.K. Architects. The Conceptual Design Plan, received on July 13, 2005 has been approved by the Design Review Committee; and the applicant may proceed with site plan submittal pursuant to Section 26-111 of the Code of Laws with the following conditions: 1. The corner entrance shall have an overhang that must square off the northeast comer of the structure. We would prefer to see an enlarged canopy/roof structure, supported by brick columns that further articulates the entrance. This would also provide more protection from the elements for customers. 2. The City's Parks and Recreation Department must be consulted regarding the proposed break in the fence structure on 38th Avenue. The applicant will be responsible for identifying any issues regarding underground irrigation, future maintenance and any other underground utilities that may be affected. 3. One additional street tree will be required where the access point will be closed off on 38th Avenue. The new tree must match the existing trees on 38ffi Avenue on this property's frontage and be placed in line with the existing trees on this property's frontage. 4. One street tree in each of the 2 landscaped islands shown between the two Benton Street curb cuts will be required. At least one street tree must be placed directly to the east of the southern parking area shown. 5. All new street trees on Benton Street must be within 15 feet of the eastern property line. 6. All street trees must be consistent with the Streetscape and Architectural Design Manuals' design guidelines for street trees. 7. The landscaped area on 38th Avenue must be continuous and consistent with existing conditions through the area where the proposed closure of the access point on 38th Avenue is proposed. EXHIBIT 4 8. All mechanical equipment must be completely screened from view from the right-of-way and adjacent properties. The preferred method is to place all mechanical equipment below the top level of the parapet walls. Please show the roof deck line on the elevations so that we can verify if any equipment will be screened. 9. Clarification must be provided for the approximately 10 foot wide area west of the building and the south 51'1" of the property for what this area will consist of. 10. The screening of the dumpster enclosure must be a wall 6 feet in height consistent with the materials used on the building. No chain link or wooden fencing will be allowed for the dumpster enclosure. All trash storage areas must be completely screened. A separate fence permit will be required for this area. 11. There must be a curb to delineate between parking spaces on the southeast corner of the building. The option also exists to remove 2 parking spaces here as it appears that more parking spaces have been provided then what the City's Code of Laws requires. 12. The two handicapped accessible. parking spaces shown must be moved to the north, adjacent to the main pedestrian entrance to the building. 13. More brick on the east and north elevations would be preferable to us. 14. We would prefer that the windows shown on the north and east elevations not extend all the way to ground level. Placing either brick or matching split face CMU would be acceptable on the bottom section of the window currently shown. 15. Any new fencing to match the existing as part of the City's streetscape improvements must consist of the same materials used by the City. 16. Any freestanding signage allowed on the subject property must be monument style signs with materials consistent with the building exterior visible. No pole signs will be allowed. 17. The wall signage must be in conformance with the City's sign code regarding allowable size. Wall signage is allowed at no larger than one (1) square foot for every linear foot of the side of the building to which it is affixed. Please also be aware that the following will be required as part of the submittal, Per the Code of Laws: a) A detailed landscape plan showing that all requirements of the Code of Laws have been met, in addition to the landscaping requirements specified in the above conditions. b) A photometric report, illustrating 0 footcandle readings at all property lines. c) All other applicable requirements in Section 26-111 of the Code of Laws. The above referenced Conceptual Design Plan, received on July 13, 2005 is hereby approved by the Design Review Committee with the above listed conditions; and the applicant may proceed with site plan submittal pursuant to Section 26-111 of the Code of Laws. S Community Development Director P✓.fQsegk bsedk l~ fevice. are M e ftYCC'F 'fYYG EXISTIN5 SIGN, TfP.- ad+ay exTSfiK~ I • I LAIVSGAPE EnLITY Lrry PAD i tfi1 EASEMENT f R ClaYr~j ~tlf fki! areo( u/I~~ COJASC taf POYBR POLE LANDSCAPE p LOADING Y \CCW, i 1. Hme of+ic✓Id4ej w+(,ance r /b. atvs f ea f S'4N (C M~ MATCH ~ D 1%. - M e✓e ~M k~ NBN FENCE 4 P MATC44 EXIST'6 D OT -0 1 q l(. cvib m~rF bC Here I oY6JjMiWdfc 2 F Spacer ,?l PROPERTY I-fw to LANDSOAPE 4 " wa o• s t3 . IOa -0• JL to. d(/Wt r/er LANDSCAPE ~F YKVJf VIC Scfee - l Pam POLE AGO J - - - -L FENCE IANSL EB an ((Z Yi.t .f - 5tere+ t/her seyv~P~ ~rGhiteGts,InG. 8534 EAST 4TH A1B3.E De4+ R mLarzA o 802W Fnorew~) 3T+-Ie55 Fmn ) 388-1028 mo1L c ctshceyohoorarn W z w x 00 M H w O O d' EXHIBIT 5 10 Nov. 29, 2005 Board of Adjustment City of Wheat Ridge Case No. WA-05-20 As the owner of 3780 Benton St. across from this development and the former owner of all C-1 property on the south side of 3e Ave. from Ames to Benton streets, I consider the signage requests to be excessive. I reviewed the proposals at the Planning Dept. and believe they are requesting four large signs. I request the Board of Adjustment consider the rights of other property owners before granting these variances. Lee Fisher EXHIBIT 6 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on Thursday, January 26, 2006, at 6:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29` 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: Case No. WA-05-20: An application filed by Advance Auto Parts for approval of a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and a variance to the maximum size allowed for wall signs for property located at 5400 W. 38`h Avenue and zoned Commercial-One (C-1). Case No. WA-05-21: An application filed by Paul Halliday for approval of a 2 foot rear yard setback variance from the 10 foot rear yard setback requirement resulting in an 8 foot rear yard setback and a variance to the maximum building coverage requirement for a detached garage on property zoned Residential-Two (R-2) and located at 3440 Estes Street. Case No. WA-05-22: An application filed by Doug Pollock for approval of a 5 foot side yard and 5 foot rear yard setback variance from the 10 foot side yard and 10 foot rear yard setback requirement for detached garages over 8 feet in height for property zoned Residential-Two (R-2) and located at 4280 Pierson Street. Case No. WA-05-23: An application filed by Scott Rensch for approval of a variance to the maximum fence height standard pursuant to Section 26-603 of the Code of Laws for property located in the public right-of-way adjacent to property at 3805 Garrison Street and zoned Residential One (R-1). Case No. WA-05-25: An application filed by Jerry Kannapinn for approval of a variance from the maximum number of freestanding signs allowed on property located at 10160 West 50th Avenue and zoned Commercial-One (C-1). Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: January 12, 2006 Jefferson T *rr~"----1-"L== ~~e' c~V • MetroScan / ~(~O~b ~ Owner :Bugino Frank Parcel :021160 Site :3770 Benton St Wheat Ridge 80212 Mail :3770 Benton St Wheat Ridge Cc 80212 7004 2890 0001 6396 5585 Use :1112 Res,Improved Land one 03-467-6864 Bedrm:2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:936 Ac:.19 • MetroScan / Jefferson (CO) • Owner :Flood Glenn J Parcel :021177 .n~/n~/1993 Site :5390 W 38th Ave Wheat Ridge 80212 7004 2890 0001 6396 5592 Mail :6034 Young£ield St Arvada Co 80004 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1956 Pool: B1dgSF:4,964 Ac:.36 • MetroScan / Jefferson (CO) Owner Owner :Fisher Lee E Parcel :021178 Site :3780 Benton St Wheat Ridge 80212 Vc---~ Mail :11301 W 40th Ave Wheat Ridge Cc 80033 7004 2890 0001 6396 5608 Use :1112 Res,Improved Land Trione Bedrm:3 Bath:1.75 TotRm: YB:1941 Pool: B1dgSF:1,161 Ac:.18 • MetroScan / Jefferson (CO) Owner :38th & Sheridan Ltd Partnership Parcel :021184 Site :3817 Sheridan Blvd Wheat Ridge 80212 Xferer] •>>t'n t'n^"' Mail :6500 S Quebec St #300 Englewood Cc 80111 7004 2890 0001 6396 5615 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:4 YB:1982 Pool: B1dgSF:88,303 Ac:6.57 - MetroScan / Jefferson (CO) • Owner :A A Unfried & Cc Parcel :021479 Site :3730 Benton St Wheat Ridge 80212 Mail :3730 Benton St Wheat Ridge Co 80212 7004 2890 0001 6396 5622 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF:1,178 Ac:.23 • MetroScan / Jefferson (CO) Owner :Wilhite Raymond G Parcel :021497 Site :3740 Benton St Wheat Ridge 80212 Mail :3740 Benton St Wheat Ridge Co 80212 7004 2890 0001 6396 5639 Use :1112Res,Improved Land P one Bedrm:2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF:1,065 Ac: * MetroScan / Jefferson (CO) • Owner :Hatmaker Sammie B/Natalie A Parcel :021545 Site :3740 Chase St Wheat Ridge 80212 7004 2890 0001 6396 5646 Mail 3740 Chase St Wheat Ridge Cc 80212 Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.00 TotRm: YB:1951 Pool: BldgSF:920 Ac:.19 * • MetroScan / Jefferson (CO) • Owner :Lorac Properties Inc Parcel :021585 Site :5495 W 38th Ave Wheat Ridge 80212 n" " °/14`2 Mail :267 E 29th St #425 Loveland Co 80538 7004 2890 0001 6396 Use :2111 Vacant,Commercial Phone 5653 Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:.37 * : MetroScan / Jefferson (CO) *I Owner :Paul A & Margaret D Diederich Family Ire Parcel :021771 Site :3770 Chase St Wheat Ridge 80212 7004 2890 0001 6396 5677 Mail :3770 Chase St Wheat Ridge Co 80212 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:1,256 Ac:.18 • MetroScan / Jefferson (CO) Owner :Lorac ropert ies Inc Parcel :022270 Site :5455 W' th Ave eat Ridge 80212 Xfered :02/13/1992 Mail :267 E 29t 4425 Loveland Cc 80538 Price Use :2112 Im oved Land Phone Bedrm: Bath: TotRm:I YB:1985 Pool: B1dgSF:17,485 Ac:.75 MetroScan / Jefferson (CO) * !Owner :Lorac oper ties nc Parcel 022 Site :5355 W 3 h Wheat Ridge 80212 Xfered (0,,'~) Mail :2 67 E 2 t #425 Loveland Co 80538 Price \ Use :21 acant,C ercial Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF r, Ac,.56 .~f 0.r }.tea Information compiled from various sources. Rea[ Estate So I t' ns makes no representalions'~-.~'t..__. or warranties as to the accuracy or completeness of infor lion contained in this report. - Owner :Olson MetroScan / Jefferson Mary Suzanne (CO) Parcel :086641 Site :3735 Benton St ( No Mail ) wheat Ridge 80212 " 7004 2890 0001 6396 5660 Mail :3735 Benton St ( No Mail ) Wheat Ridge Cc 8021 Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:3.25 TotRm: YB:1971 Pool: B1dgSF:2,816 Ac:.23 * : MetroScan / Jefferson (CO) Owner :Hammo ns Delia Mae Parcel :095173 Site :3755 Benton St Wheat Ridge 80212 Mail :3755 Benton St Wheat Ridge co 80212 7004 2890 0001 6396 5684 Use :1112 Res,Improved Land Phone Bedrm: Bath:3.00 TotRm: YB:1971 Pool: B1dgSF:1,776 Ac:.20 * : Met=Scan / Jefferson (CO) Owner :Ortiz Gilbert R Parcel :109851 Site :3790 Chase St Wheat Ridge 80212 Yfarad :02/07/1995 mail :2040 s Federal Blvd #58 Denver Cc 80219 7004 2890 0001 6396 5691 Use :2112 Com,Improved Land r1luS Bedrm: Bath: TotRm:l YB:1981 Pool: BidgSF:3,240 Ac:.30 * : MetroScan / Jefferson (CO) Owner :Peter son Barbara Jeanne Parcel :109853 Site :5478 W 38th Ave Wheat Ridge 80212 ---A -05/12/2004 Mail :4106 Yates St Denver Cc 80212 7004 2890 0001 6396 5707 Use :2112 Com,Improved Land P one Bedrm: Bath: TotRm:l YB:1966 Pools BidgSF:1,938 Ac:.35 MetroScan / Jefferson (CO) • Owner :Bts B enton As Llc Parcel :130695 Site :5400 W 38th Ave Wheat Ridge 80212 °°--_a •ininsi~nns Mail :8480 E Orchard Rd # 6900 Greenwood Village Cc 7004 2890 0001 6396 5714 Use :2112 Com,Improved Land one Bedrm: Bath: TotRm:l YB:1928 Pool: B1dgSF:2,136 Ac: * • MetroScan / Jefferson (CO) : Owner :Rodri guez Rigoberto Parcel :160373 Site :3780 Chase St Wheat Ridge 80212 7004 2890 0001 6396 5721 Mail :3780 Chase St Wheat Ridge Cc 80212 Use :1112 Res,Improved Land Phone . Bedrm: 3 Bath:1.00 TotRm: YB:1937 Pool: . B1dgSF:1,232 Ac:.19 r Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 3031235-2857 January 12, 2006 Dear Property Owner: The City of Wheat Ridge This is to inform you of Case No. WA-05-20 which is a request for approval of a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and a variance to the maximum size allowed for wall signs for property located at 5400 W. 38th Avenue and zoned Commercial-One (C-1). This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on January 26, 2006, at 6:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\m-ci-eng-001 \users\kfield\Kathy\BOA\pubnotice\2005\wa0520.wpd 5E 24 N N 3 z OFFICIAL ZONING MAP WHEAT RIDGE COLORADO 5E 25 - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 O IW 200 '00 5W Fat L ) °~Wx[g1WO m DEPARTMENT OF MAP ADOPTED: June 15, 1994 °a~°O PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 Frank Bugino & Juanita Bugino Glenn Flood & Barbara Flood Lee Fisher 3770 Benton St 6034 Youngfield St 11301 W 40th Ave Wheat Ridge, CO 80212 Arvada, CO 80004 Wheat Ridge, CO 80033 38th & Sheridan Ltd Partnership A A Unfried & Cc Raymond Wilhite & Grayce Wilhite 6500 S Quebec St #300 3730 Benton St 3740 Benton St Englewood, CO 80111 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Sammie & Natalie Hatmaker Lorac Properties Inc A Paul & D Diederich Margaret 3740 Chase St 267 E 29th St #425 3770 Chase St Wheat Ridge, CO 80212 Loveland, CO 80538 Wheat Ridge, CO 80212 Lorac Properties Inc Lorac Properties Inc Delia Mae Hammon & Vidilia Lee Rael 267 E 29th St #425 267 E 29th St #425 3755 Benton St Loveland, CO 80538 Loveland, CO 80538 Wheat Ridge, CO 80212 Gilbert Ortiz Barbara Jeanne Peterson Bts Benton An Llc 2040 S Federal Blvd 958 Ronald Peterson 8480 E Orchard Rd # 6900 Denver, CO 80219 4106 Yates St Greenwood Village, CO 80111 Denver, CO 80212 Rigoberto Rodriguez & Maria De Rubalcaba 3780 Chase St Wheat Ridge, CO 80212 * Search Parameters * Jefferson (CO) * 1/10/2006 * 8:48 AM Parcel Number ...17 39 251 02 034 39 251 02 035 39 251 02 036 39 251 02 037 39 251 02 038 39 251 03 001 39 251 03 002 39 251 03 003 39 251 03 025 39 251 03 026 39 251 03 027 39 251 03 028 39 251 03 029 39 244 20 001 39 244 20 002 39 244 20 003 39 244 99 002 MetroScan / efferson (CO) Ow,ier :Bugino Frank Parcel 021160 Site :3770 Benton St Wheat Ridge 80212 •07/'11/1986 Mail :3770 Benton St Wheat Ridge Co 80212 7004 2890 0001 6396 7329 Use :1112 Res,Improved Land _ one Bedrm:2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:936 Ac:.19 • MetroScan / Jefferson (CO) Owner :Flood Glenn J Parcel :021177 Site :5390 W 38th Ave Wheat Ridge 80212 7004 2890 0001 6396 7336 Mail :6034 Youngfield St Arvada Co 80004 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1956 Pool: B1dgSF:4,964 Ac:.36 • MetroScan / Jefferson (CO) Owner :Fisher Lee E Parcel :021178 Site :3780 Benton St Wheat Ridge 80212 7004 2890 0001 6396 7343 Mail :11301 W 40th Ave Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.75 TotRm: YB:1941 Pool: B1dgSF:1,161 Ac:.18 * ' MetroScan / Jefferson (CO) Owner :A A Unfried & Cc Parcel :021479 Site :3730 Benton St Wheat Ridge 80212 Mail :3730 Benton St Wheat Ridge Co 80212 7004 2890 0001 6396 7350 Use :1112 Res,Improved Land P one 13edrm:3 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF:1,178 Ac:.23 • MetroScan / Jefferson (CO) Owner :Wilhite Raymond G Parcel :021497 Site :3740 Benton St Wheat Ridge 80212 Mail :3740 Benton St Wheat Ridge Co 80212 Use :1112 Res,Improved Land Bedrm:2 Bath:1.00 TotRm: YB:1941 Pool: • MetroScan / Jefferson Owner :Hatmaker Sammie B/Natalie A Site :3740 Chase St Wheat Ridge 80212 Mail :3740 Chase St Wheat Ridge Co 80212 Use :1112 Res,Improved Land Bedrm:2 Bath:1.00 TotRm: YB:1951 Pool: * • MetroScan Jefferson Owner :Lorac Properties Inc Site :5495 W 38th Ave Wheat Ridge 80212 Mail :267 E 29th St #425 Loveland Co 80538 Use :2111 Vacant,Commercial Bedrm: Bath: TotRm: YB: Pool: * • MetroScan / Jefferson Owner :Paul A & Margaret D Diederich Family Trs Site :3770 Chase St Wheat Ridge. 80212 Mail :3770 Chase St Wheat Ridge Co 80212 Use :1112 Res,Improved Land Bedrm:3 Bath:1.00 TotRm: YB:1951 Pool: * 7------- MetroScan / Jefferson Owner :Lorac Properties.,In,a• Site :5455 W 38th Ave,,WIieat Ridge 80212 Mail :267 E 29th S.t-f' 25'•Loveland Cc 80538 Use :2112 Com,. proved Land Bedrm: Ba£h: TotRm:I YB:1985 Pool: * MetroScan / Jefferson Owner :Lorac Properties InQ, Site :5355 W 38th Nve Wh] at Ridge 80212 Mail :267 E 29th St,4425 Loveland Cc 80538 Use :2111 Vacant,'tAmnercial Bedrm: Ba TotRm: YB: Pool: 7004 2890 0001 6396 7367 Phone B1dgSF:1,065 Ac: (CO) : Parcel :021545 •nti/M /9 MS t 7E304 2890 0001 6396 7374 done B1dgSF:920 Ac:.19 (CO) : Parcel :021585 7004 2890 0001 6396 7381 Phone B1dgSF: Ac:.37 (CO) : Parcel :021771 vt 7004 2890 0001 6396 7398 one B1dgSF:1,256 Ac:.18 (CO) Parcel :022270 Xfered :02/13/1992 Price Phone B1dgSF:17,485 Ac:.75 (CO) Parcel :022425 Xfered :02/13/1992 Price Phone B1dgSF: Ac:.56 MetroScan / Jefferson (CO) Owner :Olson Mary Suzanne'- Parcel :086641 Site :3735 Benton St ( No Mail ) Wheat Ridge 80212 Xfered :05/22/1997 Mail :3735 Benton St ( No Mail ) Wheat Ridge Co 80: 7004 2890 0001 6396 7404 Use :1112 Res,Improved Land Bedrm: 5 Bath:3.25 TotRm: YB:1971 Pool: B1dgSF:2,816 Ac:.23 Information compiled,from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) Owner :Hammons Delia Mae Parcel :095173 Site :3755 Benton St Wheat Ridge 80212 Mail :3755 Benton St Wheat Ridge Co 80212 7pp4 2890 0001 6396 7411 Use :1112 Res,Improved Land Phone Bedrm: Bath:3.00 TotRm: YB:1971- Pool: B1dgSF:1,776 Ac:..20 • MetroScan / Jeffe (CO) Owner :Ortiz Gilbert R Parcel :109851 Site :3790 Chase St Wheat Ridge 80212 L n0/nom /~~~G Vf-,-A Mail :2090 S Federal Blvd #58 Denver Cc 802 9 7004 2890 0001 6396 7428 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:l YB:1981 P 1: B1dgSF:3,290 Ac:.30 * eff son (CO) : MetroScan / : Owner :Peter J son Barbara Jeanne Parcel :109853 Site :5978 W 38th Ave Wheat Ridge 80212 1111, 7pp4 Mail :9106 Yates St Denver Co 80212 2890 0001 6396 7435 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1966 Pool: B1dgSF:1,938 Ac:.35 * • MetroScan / Jefferson (CO) • Owner :Bts Benton Aa Llc Parcel :130695 Site :5900 W 38th Ave Wheat Ridge 80212 VF •intnst?nns Mail :8980 E Orchard Rd 46900 Greenwood Village Co 8( 7004 2890 0001 6396 7442 Use :2112 Com,Improved Land FlInTle Bedrm: Bath: TotRm:l YB:1928 Pool: B1dgSF:2,136 Ac: * • MetroScan / Jefferson (CO) • Owner :Rodri guez Rigoberto Parcel :160373 Site :3780 Chase St Wheat Ridge 80212 7pp4 2890 0001 6396 7459 Mail :3780 Chase St Wheat Ridge Cc 80212 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1937 Pool: B1dgSF:1,232 Ac:.19 Information compiled from varimis sources. Real Estate Solutions makes no rep)-esentalions or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) • Owner :38th & Sheridan Ltd Partnership Parcel :0211R4 Site :3817 Sheridan Blvd Wheat Ridge 80212 7004 2890 0001 6396 7466 Mail :6500 S Quebec St #300 Englewood Co 80111 , Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:A Y3:1982 Pool: B1dgSF:88,303 Ac:6.57 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 3031235-2857 The City of Wheat Ridge November 22, 2005 Dear Property Owner: This is to inform you of Case No. WA-05-20 which is a request for approval of a variance from the maximum allowable height, maximum allowable size and setback requirements for freestanding signs and a variance to the maximum size allowed for wall signs for property located at 5400 W. 38th Avenue and zoned Commercial-One (C-1). This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on December 7, 2005, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. %rv-ci-end 001\users\kfield\Kathy\BOA\pubnoticeB005\wa0520.wpd * Search Parameters * Jefferson (CO) * 11/21/2005 * 12:37 PM Parcel Number ...16 39 251 02 034 39 251. 02 035 39 251 02 036 39 251 02 037 39 251 02 038 39 251 03 001 39 251 03 002 39 251 03 003 39 251 03 025 39 251 03 026 39 251 03 027 39 251 03 028 39 251 03 029 39 244 20 001 39 244 20 002 39 244 20 003 11 Mary Suzanne Olson 38°i & Sheridan Ltd. Ptshp. 3735 Benton St. 6500 S. Quebec St., 4300 Wheat Ridge, CO 80212 Englewood, CO 80111 I • 9-031 W -Q0 30.21') I o (296.30' 3.20 I I N !,20-001 • N ° J-.20-002 CT W 00-050 3 - j 9-03 0 63.30' 74.50' 80.00' 330.00' . 02-038 2-O 002 03-029 0 -x f~ 0 -0 1 i i a it I i i IT ~ v~ 4' c1 00-050 19-034 19-033 19-032 i i j i i - . - - - - i - - - i N i 02-038 ° 2-0 -o 2-01 2 rn 04-002 ° 03-029 i o _ 4-00t ° (117.20' -Z o 2 -0 1 0 141.70' 02-038 v (4 137.00') ro N 2-0 -0 -0 N ~ 3-001 1 V3-001 • N 1 0 (57.50' i o - 02-037 0 (14570') o 90) €k:~e', s;.f2 .3 03-028 124.30') N ° 02-003 a ' o (145.50 ) 00' m 04-003 j O 04 1 (138.21') 02-036 0 02-004 m % 0 0 v 145.02' 04 6 03-027 (7620' (48.50' - o Y'3Hn : ~~t A~ Z> a ) 005 02 301) 141.20' 137.80') - ° (123 2u,) 7' D (151.70') 0 02-035 04 -0 00-009 03-0zs o 03-002 ° (123 00' 1 v ' (137.72' 0 02-006 72 . 138 00 124 70 162 34' 7 00- 01 0 i (124 70') a . 04 v o o 03-025 m 0 02-034 og 02-007 & 1 0 : ) 3-003 0 171 01') 8 0 1 v ° hEwx ~ . 1370) .0 - 3.5 0 a 00-011 1 E 124.70') 7 (137.50') 17 02-008 04 03-024 . -53 0 02-033 m 65 70'1 109 80'1- .50') (140.50') 137.00' 004 = 17550) 03- m b 137.36' v V b04 w 0 03-023 (125.24' 0 02-009 ' 1 ° 00-012 ° .50 ) ! (137.00' v 175 30') ' m N 02-032 . a tao 7.0 ! I 02 010 04 (14020') 03-005 - o 03-022 , 0 137.51' .80') 0 00 013 137.02' (124.81' z 7. o ~1~ $ (140.01') 0! m o (168.60') 04 v =I 7.i p 03-021 c o 0 02-031 ° 00-014 > ° - 03-006 N 02-011 .00' Ni (137.201) c o (137 51 ' 0 160 30') ' 1 51 . 139 70 m (1 '1 004 (13970') i N i 0 N m 02-030 a 0 02-012 cy, ' .30') I 00-023 0 34' v 39 U 8.0 .46, 90 v 03-00 - . 1 1004 00-022 137.00' o 4 v 2-0 .70' - - 126 - 2-028 0 013 2 ~ w 03_007 0 - ° 6 1 03-024) - - 1004 ~4 (146.80') $ 00' (13720-) 02-028 1146-. a . 45.51') I ° cAO 03-008 No 02-014 1 gg 2p) O A 52' 124 ' O 146.50') 004 . (13750 ) 00-024 1 13700' (13750 02 015 (13700') V a m - 0 (92.00') 03-009 N 02-027 ° ( 03-019 0 o ( 12 004 0 0 a 8 ' / 1 (136.70') (124.50') (13750') 0 02-016 0 ) i 00-027 (1367U) (124.50') (13750') 146.70') ~ I cNo Wheat Ridge, CO Store # 5407 5400 W. 38th Ave October 27, 2005 MONUM. SIZE SIGN HEIGHT SO. FOOTAGE 5x15 15' 75 w/o base -3 , w , Wheat Ridge, CO Scale: 1/4" = 1' Site Enhancement Services Ph: 1 . 888.546. 6095 1 Fax: 1 . 574. 237. 6166 1 www.siteenhancementsemices.com SC October 27, 2005 MONUM. SIZE SIGN HEIGHT SO. FOOTAGE ® 5x15 15'75 w/o base O N 6" steel Angle iron saddle Weld saddle to steel (top & bottom of sign) Wheat Ridge, CO 17" double faced aluminum sxtrustion-SignComp Radius corner/ 10' radius 4' round aluminum Vent (2) Black cabinet service access panel(2) Black reveal-2" Brick base FOUNDATION AS REQUIRED BY LOCAL CODE FOOTER NOTES: PROPER SIGN FOUNDATION TO BE DETERMINED BY CERTIFIED ENGINEER. FOUNDATION SIZE AND REQUIREMENTS VARY BY STATE AND LOCALITY. Site Enhancement Services I Ph: 1 . 888 . 546 . 6095 1 Fax: 1 . 574 . 237 . 6166 1 www.siteenhancementservices.com S11!v October 27, 2005 Wheat Ridge, CO I Site Enhancement Services I Ph: 1 . 888. 546. 6095 Fax: 1 . 574. 237. 6166 1 w ..siteenhancementservices.com SCJ October 12, 2005 Wheat Ridge, CO Site Enhancement Services Ph: 1 .888. 546. 6095 1 Fax: 1 . 574. 237. 6166 1 w ..siteenhancementservices.com SCJ Jeff Hirt From: Ryan Kring [rlk@siteenhancementservices.com] Sent: Friday, January 06, 2006 2:34 PM To: Jeff Hirt Subject: RE: Advance Auto Variance Jeff, That is correct we are seeking an overall sign package of (2) 30" cloud wall signs (98.48 sqft each) and one pylon sign 6' x 18' with an overall height of 251. Thanks for all of your help. Sincerely, Ryan Kring -----Original Message----- From: Jeff Hirt [mailto:jhirt@ci.wheatridge.co.us] Sent: Friday, January 06, 2006 4:28 PM To: Ryan Kring Subject: Advance Auto Variance Ryan, Just to clarify, on the advance auto sign variances, we're applying for a variance for the following: - A freestanding, 25 foot high pole sign, setback 5 feet from the 38th Avenue right-of-way (as shown on the site plan) - the revised wall signage, 98.48 square feet The wall signage on the east elevation is conforming, the wall signage on the north elevation is the one that. needs a variance. Please confirm this is correct, the meeting is January 26, 2006. The meeting has been pushed up to 6:30pm, as we have several cases on the agenda. I will be posting the signs on thurs, Jan 12 so there is nothing you need to do on our end between now and the hearing. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 1 Jeff Hirt From: Jeff Hirt Sent: Thursday, October 27, 2005 11:18 AM To: 'Tracy Denkins' Subject: RE: Advance Auto Wheat Ridge Tracy, Thanks for the information. I'll get back with you on your questions as soon as possible. I'm assuming that the sign will be located exactly as shown on that site plan. Whatever dimensions are noted on that plan (setbacks) will be what I will assume you are proceeding with unless you tell me otherwise. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 -----Original Message----- From: Tracy Denkins [mailto:tld@northamericansigns.com] Sent: Thursday, October 27, 2005.10:49 AM - To: Jeff Hirt Cc.: Ryan Kring - Subject:- RE: Advance Auto Wheat Ridge Mr. Hirt,. Attached is revised--artworkforthe Wheat Ridge Colorado site. Including revised wall -signs that match the approved site plan that we received from Mr. Ku_ Also attached isa proposed monument sign that Advance Auto Parts may consider. Would staff provide appositive recommendation for approval for this Monument Sign in lieu of the proposed pylon? Also could you please let us know the earliest hearing date we will be scheduled for? Thanks Tracy Denkins Site Enhancement Services 3699 West Lathrop South Bend, IN 46628 (800) 348-5000 ext. 209 Fax: (574) 237-6166 - tld@siteenhancmentservices.com 1 Jeff Hirt From: Jeff Hirt Sent: Monday, October 24, 2005 2:21 PM To: Tracy Denkins Subject: Advance Auto Wheat Ridge Monument Sign Attachments: AdvanceAutoMonumentSign.jpg N AdvanceAutoMo imentSign.jpg (5 Tracy, I apologize, but I missed something on the Advance Auto signage. There are details of the freestanding monument sign in the construction drawings, and I have attached them. The monument sign, as shown on the site plan, does not need a variance. Signs under 7 feet high need a 5 foot setback. It is setback 5 feet from the 38th Avenue right-of-way, and under 7 feet as shown. I would advise sticking to the sign as shown in the construction drawings without the need for a variance, but that is certainly Advance Auto's option. Sorry for the confusion. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 1 Jeff Hirt From: Jeff Hirt Sent: Monday, October 24, 2005 2:36 PM To: Tracy Denkins Subject: Advance Auto Wheat Ridge Tracy, I just saw that the architect made reference to the wall signs being 93 square feet in a letter to me, significantly less than what I scaled out from the permit. If this is the case, only the north elevation needs a variance. To reiterate, I would advise you talk to Advance Auto and the architect and make sure all of the details are accurate for what they want, because there are discrepancies with what I have. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 1 Jeff Hirt From: Jeff Hirt Sent: Monday, October 24, 2005 11:22 AM To: Tracy Denkins Subject: Advance Auto Wheat Ridge CO Attachments: AdvanceAutoSignE1evations2.jpg; AdvanceAutoSignElevations.jpg 11 No AdvanceAutoSig AdvanceAutoSig iElevations2.jpg..iElevations.jpg Tracy, For the Advance Auto Parts signagc, I have attached the elevations submitted wiLh Lhe building permit. The dimensions that I scaled off from the plans are noted on the attached plans and below. I would advise that Advance Auto submits for a variance consistent with these plans, since it is what was submitted for the building permit. I scaled the wall signage on the north elevation at 40' X 31, so a 120 square foot wall sign. I scaled the wall signage on the east elevation at 40' X 3', so a 120 square foot wall sign. The above calculations were only done for the text of the sign, not including any background. I know Advance Auto has done a red background in the past behind their text, so we will not count that towards the size of the sign. The red background is ok even though it is not shown on the elevations submitted with the building permit, as long as it is not excessive in size. Note that the allowable wall signage is based on the linear footage of the wall its attached to, i.e. a 70 foot long wall can have a maximum 70 square foot wall sign. I scaled the length of the north wall at 70 linear feet, so the north elevation is a variance request of 50 square feet (120 s.f. sign minus 70 linear feet) from the standard as I'm measuring. I scaled the length of the east wall at 101 linear feet, so the east elevation is a variance request of 19 square feet (120 s.f. sign minus 101 linear feet) from the standard as I'm measuring. The maximum allowable size for freestanding signs is based on the floor area of the building. The building is 6,810 square feet as shown on the building permit plans, so I calculated the allowable size of the freestanding sign at 104 square feet (please reference the table in Sec. 26-709 (D) in the Wheat Ridge Code of Laws to verify this is accurate). Please also be aware of the setback requirements in the sign code as well. Also, remember that only a monument type of freestanding sign has been approved thus far. A variance request for anything but a monument sign with materials consistent with the building will not be supported by staff. In other words, the pole sign shown on the original variance request will not be supported by staff. I would advise verifying these dimensions with Advance Auto to make sure you're applying for the variance as they want. Also note that you can get approved for a variance and they can build a sign smaller than the approval. Let me know if I can be of any further help. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue 1 Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 Jeff Hirt From: Tracy Denkins [tld@siteenhancementservices.com] Sent: Wednesday, October 12, 2005 12:54 PM To: Jeff Hirt Subject: RE: 5400 West 38th Avenue, Wheat Ridge CO Thanks!! One other question I am so sorry to keep bothering you. Do we have to have been denied for the permit from the city before we file for a variance? We already know for our ground sign and one wall sign we will be denied. We are going to file for a permit for the one wall sign that is allowed by code. Some cities require you to be denied first before going for a variance and some don't. Thanks again Jeff! Tracy Denkins Site Enhancement Services 3699 West Lathrop South Bend, IN 46628 (800) 348-5000 ext. 209 Fax: (574) 237-6166 tld@siteenhancmentservices.com -----Original Message----- From: Jeff Hirt [mailto:jhirt@ci.wheatridge.co.us] Sent: Wednesday, October 12, 2005 1:41 PM To: Tracy Denkins Subject: RE: 5400 West 38th Avenue, Wheat Ridge CO That's correct, 80033 zip code Dept. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 Put attention to Community Development -----Original Message----- From: Tracy Denkins [mailto:tld@siteenhancementservices.com] Sent: Wednesday, October 12, 2005 11:48 AM To: Jeff Hirt Subject: RE: 5400 West 38th Avenue, Wheat Ridge CO Is the 7500 West 29th Ave Wheat Ridge the correct address to send the variance application too? Tracy Denkins Site Enhancement Services 3699 West Lathrop South Bend, IN 46628 (600) 348-5000 ext. 209 Fax: (574) 237-6166 tld@siteenhancmentservices.com -----Original Message----- From: Jeff Hirt [mailto:jhirt@ci.wheatridge.co.us] Sent: Wednesday, October 12, 2005 11:23 AM To: Tracy Denkins Subject: 5400 West 38th Avenue, Wheat Ridge CO 1 Tracy, We do have a survey on file for the property at 5400 West 38th in Wheat Ridge, so no need to worry about that. Ownership has either changed within the last two weeks or will be by the time you make application for the variance. The new owner's contact information is as follows, and we need permission in writing from them, and a copy of a deed reflecting their ownership: Greg Ham Managing Partner Cadence Capital Investments 8480 East Orchard Road, Suite 6900 Greenwood Village, CO 80111 Phone: 720.493.5100, ext. 101 Fax: 720.493.3801 So we need the following: - Land use application filled out, notarized - $390 fee - Letter of request, issues helpful to address talked about below - Letter of approval for variance request from property owner - To scale site plan showing signs - Elevations showing size and height of signs Be advised the Board of Adjustment does not grant variances loosely. The main consideration, in general is if there is no other option, and if there is some kind of hardship that makes it difficult to adhere to the regulations without the need for a variance. It is up to the applicant to argue why approval of this variance is essential. In order to do that, I have the following suggestions, which have helped in the past with other applicants. If you're not the right person to give this information to, it would be helpful to pass this along to whoever is appropriate. Any justification you, or Advanced Auto Parts has for needed a sign this size. They may be able to substantiate that cars driving by at a certain speed can't see the sign, e.g. Anything that proves it is essential to visibility. There may be constraints on the site to where they can't put the freestanding sign anywhere else along 38th Avenue. Addressing the below criteria from Sec. 26-115 of the code in some form would be helpful also, this is what staff uses to make a recommendation to the board: 3. Review criteria and findings of fact: The board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. 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? b. If the variance were granted, would it alter the essential character of the locality? C. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? d. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? e. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? f. If criteria a. through e. are found, 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? Please also be advised that given the holidays, there may be only a December hearing available. We are tentatively looking at December 7. They generally meet the fourth Thursday of every month, but they usually hold one hearing to cover November and December. The deadline to get on for a hearing is about three weeks before the hearing. I would put your deadline for a December 7 hearing at Wednesday, November 9. The applicant is also responsible for posting "public hearing" signs 15 days in advance of the hearing. We prepare those here but the applicant is responsible for posting them. All of this information is important towards going for the variance so keep it in mind, or pass it along to whoever appropriate. Let me know if you have questions along the way. Jeff Hirt City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Office: 303-235-2845 Fax: 303-235-2857 3 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 20' Avenue, Wheat Ridge, CO 80033 Phone (303).235-2846 (Please printer type all information) Applicant Site Enhancement Services Address 3699 W. Lathrop Phone 800-348-5000 City c ..r u nd State IN Zip 46,628 Fax574-237-6166 Owner. -Cadence QsUital Investmpntq Address 8489 Fact Orchard R.7 Qta tic City---Er eenwood Village State CO Zip _80111 Contact Ryan Kr1nQ Address 3699 W. Lathrop, . Phone888-276-6966 City 4n„rh Bend State TN Zip 46628 Fax (The person listed as contact will be con'taoted to answer questions regarding this application, provide additional infbnnation when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing; and shall be responsbic for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 5400 W. 38th Ave, Wheat Ridge; CO 80212 Type of action requested (check one or more of the actions listed below which pertain to your request): Appficarlon submwoT rnguirernmu on reverse side ❑ Change of zone or zone conditions d Special Use Permit O Consolidation Plat C1 Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjusltnent ❑ night of Way Vacation * Planned Building Group ❑ Temporary Use, Building, Sign . 0 Site Development Plan approval lil Variance/Waiver (from Section 26-709 D&rb O Other: Detailed description of request. To erect one (1) 30" wall sign and one (1) 6'x18' free standing Ginn 0 25' nA}l P1pnsp cep attached drawings for more details. Required information: Assessors Parcel Number. 39-251-03-001 Size of Lot (acres or square footage):. 873 acres CtureutZoning_C-1 Commercial Proposed Zoning~/g Current Use- Commercial. Proposed Use: Commercial 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 fro er which approved of this action on his behalf. Signature of Applicant ubscribed and sworn tome this 3 day of ! 20 CS . Public P9Y 8m rdi= FC. W. 2(1D Y commission expires !Z Z q _ Z 9 To be filled out by staff: Dare YCCeived~~/~{/CJ Fees 3l.061-11 1Lccej'pt N6.~6E Can No. ri"-VS U Comp Plan Desig. Zoning Gam/ QuaT'xrSection Map Related Case No- Pre-App Mtg. Date Cwc Manager ' RECEPTION NO. 91029079- _ 4/09/91 11:30 5 0 . _ RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO J ; Project No.: S-38.02-91 • Location: 5400 W 38th Ave ` / Wheat Ridge, CO WARRANTY DEED JOHN T. Ridge, OBIAL8R0 JR., whose address is 11130 West y~ Count west f y o venue, Wheat Jefferson, State of Colorado , oration of TEN AND NO/100 DOLLARS ($3 12, for the cOnsid- b 0 d ~ 0_ an han d 0), in conveys to [he Cit of Wheat Hid Paid, heteby ee lle [e se a f o municipal corporation in the Colorado, whose address g, 7900 Rid C 8e W , ounty of Jefferson, es[ 29th Avenue, Wheat real n State of Colorado, 80033 e Cit th f [ , y o e following Coloredo,to w Wheat Ridge, County of Jefferson S , ete Of A tract of land lying in the HE 1/4 of Section 25, Townshi South, Range 69 West of th 3 p e 6th Principal Meridian, Cit of / Wheat Ridge, County of Jefferso Y n, State acr ibed as follows: of Colorado, de_ North ten (10) feet of that parcel of land described at Reception Number 79015365 , records of the County of Jeffer- son, State of Colorado, as Lots 13 14 f , o , and the North 10 feet Lot 12, CASE SOB DIVISION, TOOETHEH WITH portion describ d e a triangular c rn said as starting at a point on the Bast line of parcel, twenty feet S outh of the Northeast corner of said parcel, said point being th T e th rue Point of Beginning; ence North along said East line t said t, wenty (20) feet to Northeast corner; thence West alon It, aid s a th t g p rcel l twenty e North line of (20) feet; thence southeasterl point of beginnin g y to the Said tract containing 1550 square feet mor . , e or lees Said tract to be used as right-of-way for W 38tH ' ' . Avenue. Also known by street and number as: 5400 W 38th e . Avenue. With all its appurtenances, and warrants the title to the sa to easements, rights of .a me subject way and restrictions of record if , any, Signed this day of /~s 1991. 7jN T. OBIA LERO JA Grantor STATE OF COLORADO, ) COUNTY OF JEFFERSON ) as. The fore: going instrument Was acknowledged befor e me this C 1991, by _•SC&\ day of ---Ql._S (1(~ FZC r . . R Witness my hand and seal. My commission expire.: iC~l e P~i1Cep ~ EAL ("`•:'O•e`_ Not - . a y b 1 I c = J r\CT iii Y'.9. f• i=~' ` t 10/13/2005 13:46 7204933801 CADENCE CAPITAL ii6~ SEWS SATE ENHANCEMENT SM?VIC631, Me, October 13, 2005 Cadence Capital InPa5tments Greg Ham 8489 Esst Orchard Rd. Sre. 6900 Greenwood Village, CO S01J 7 Subject. Advwx ce Auto Parts -5400W. 38th Ave. WAcat Ridge I)ear. Greg: PAGE 02/02 No 235E 4. 2 This letter is to 7czifY that Cadence Capiral Investmentaytbe owner of 5400W :i8h Ave. has approved _U silage for the. Advance Auto Parts that gill beat this location, u:.5 gives comscat to Site Enhancement Services ro p=ue and obtain anus and aU Aecess=7 SSyn pcs:vi work. S}mature: -ter Titor u 1 3699 WEST LATFIROP, SOUTH BEND, INDIANA 466:13 TEL. 1.599.?76.6932 PAX 374.23?.6166 am~ican S~S signs Address: 3699 West Lathrop South Bend, IN 46628 October 14, 2005 City of Wheat Ridge 7500 West 29"' Avenue Wheat Ridge, CO 80033 RE: Advance Auto Parts Sign Permits Dear Community Development Department: Toll Free: 800-348-5000 South Bend: 574-234-5252 Fax: 574-237-6166 Enclosed is a Land Use Case Processing application for one (1) 30" wall sign and one (1) 6x18 pylon @ 25' OAH for the Advance Auto Parts location of 5400 W. 38"' St. Also included in this package are: a check in the amount of $390, an authorization letter from the property owner, a copy of recorded deed and an artwork package that includes site plans and elevations. Please contact me if you have any questions at (888)-276-6966. Thank you, Ryan Kring SES Advahce " Autoftrts a the best part is our peopie April 13, 2005 Owner Authorization To Whom It May Concern: Please allow this letter to serve as written permission from Advance Auto Parts to allow Site Enhancement Services and/or their authorized agent to secure any variances and/or permits necessary for Advance Auto Parts at our various locations in the United States and Puerto - If you have any questions or I can be of finther assistance, please do not hesitate to give me a call. Sincerely, erty 0 Signatma / Agent Print Name Property Owner Namb Property Owner Address Property Owner Phone # Wade Latham, Sim Manaeer Advance Auto Parts 5673 Airoort Road Roanoke, Vireinia 24012 540-561-3439 Commonwealth of Virgm'a County of Roanoke Subscribed and Sworn to before me this q ~u day of 4- 200y 6 Notary Public L A .A~V Z V My Commission Expires My enurission F ~ ~ h as 7nn~ t Wu Ona`l~ ~QMAY1►SS50YUd as Ur',Y1Cun►~` L1 05Ed ARU+Irecr. _ % ry' MVS'( ~E $09 ~ssw Ck~o~MlcsF ts2(N38TH AVENUE / r71 i {7Q HE9 LOIG GOR 6AFEtt. - _ - ~ F (EXIST ~ IVEA HEALTHY S I/ IDM"L 12IYNTHS. p6 MGTWMENT 516N 5 5T'6) `Salmi ICN Sr6TEM5 9HAI.L BE (.P~~ 2 LP (EX5T'6) 2 LP T'6) \ I5P6) 486 TS WM1HOI)T • ~ _ / Cr (FXI5T'6) :EN R~ 9ALLS. - / , - - , - I Ti EPoCAN STd19PRD FOR slpL' 1M I`• (I - ALCgRDPNLE WITH , / j r TIE E*- R 0V114. p 1 / BHS / aaurll.G. EuFa.w M7/n// ; / / i w•-D• . T 1 i - i r/ MTO PLANTM3 PIT. YE. / .M,tSE LP TMEDURdY i J I ,JI•( ~/Y// / ; ///j'' 2 LP _ • / / MEDIUM &4RK 3 H,✓ / TO ANr PAVED //%///j/ 16 AKEA /N Row X/ I I x//i SITE DATA FOR J ES RMG LGNC WALL BE REYAVED ! / f w~;~ / 1. l LANDSCAPE AREA REQUI STEEL EDGE. TYP. I s LAIIDaLAPE AREA FROV tf GF ALL FLNU \ / 1 / • / / ___.-i d AREA OF LIVING VE6ETP / LOCAL RIVER R K 1 LP AREA OF 1,10N-LIVIN5 HA ~ ,ED ET THE 8 I \ CCC Va DOEB NOT (2.W9 / 63 RELEA$E nQre. I. 2EMS. _ _1 nerd bIMINi OON6TelCTI@L ; MORl41TT.OR SE XIST'b)] No. Common Nems Jf 10 5 ' II I UEmII, er Pear LLIM WMTEft FENDING J L HI,leer Pear \ / l~ \ I 3 6 rl Elm II / ( 4.1 Slberl Elm 4.2 5berlrn E. iIWNNG9 BHPLL PIBVAIL. 443 51Eer Elm 12 E, 4ND DRYLAND GRAB 1 ~ I ( / ( 45 5lbeFlm EM .TINE SEED AREA. ff U66D. / 1 . \ y,, ^ - 5 $R'9-w 1 EM RS PER MERE 9T9TF.r15 SHALL B 5 50Je11an EM 6 SYwrlon Eon J I SE (ExlsrS) I ' I 6 Sercatbn Boxelc 4 5m tbm E*.I,, 13 4 4 &45 110 5se tl Ve LNGe / ✓ 3 SMIO l .if _ _ / I 12 SINer Maple Aft I /N 13 5D tree) 7E SILEA3EMARK 1q ( 14 St t»rl e Elm 16 Sliver Maple "It 4-5' CALIPER r... O I 14Q2 v l / I 11 5Y rl Elm JA 4' CALIPER 18 5,,.tbn Boxalc 11 1 1 rl IMlan Magic Ltd / , ll 2A ,bntRHm Apple VA 5' CALIPER \.e EUGE, CIE 2 \ 1 SE (EX15T b) 51"4}' 21 Si I. Elm 3'CALIPER ..1 v p ( THIS /OW-4 22 LNantKlaer Pacer 23 GFDnticleN Pew 1 3' CALIPER.`, , EXI5TIN6 TREE TO REMAIN I j (y VJ'[ QE 24 Qwnpcleer Pea", A "FAIRY LNIFEN' ' % E%5RTitta °((➢NDITIAON~\ lq- / ' -I 1 j •,'MI?I r\tA~~ ~1c11NDSCl LANDONEN515 5 bAL. CONT. ; I ~4j N NTALIS'HUSHEs. NTALIS'HI6HE5' 5&AL. CONT. _._L-.-~ ILl'/ I O NTALIS SLUE CHIP' S bAL. CONT. LANU56Af It PLAN 00 1" Q' DEC[ ADF2I1.0E: -O N0T68: LE KENTICKY ELUE6RA% (10%) ~L LANDSCAPE IRR15ATfO4 SYSTB`F NETAPIH TECHLIM OR II'MRLINE SYSTEM ALONG 38TH AVENIE ANDS' vlNb RED FESCUE (20%) BETON STREET. THE REST OF AREA SHALL EE CONVENTIONAL IRRIGATION SYSTEM. O EVEF 2. ALL LANDSCAPE WORK 514ALL COMPLY WITH STREETSGAPE AND ARCHRECTURAL DE516H MANIAC. Case No.: A0520 ~ App: Last Name: ite. Enhancement Serv. App: First Name: /o Ryan Knng..._ Owner: Last Name: Cadence Capftallnvest Owner: First Name: App Address: 699 W Lathrop_ City, state zip: outh Bend, IN 46628 _ App: Phone: 66.2766966__ Owner Address: 489 E Orchard Rd, #6900 City/State/Zip: Grnwd Village,CO80111~ Owner Phone: 20-_493-5100_ Project Address: 400 Street Name: est 38th Avenue_,..____.__.,, City/State, Zip: heat Ridge,C080212 Quarter Section Map No.: NE25 .v Related Cases: I Case History: Fignvanances;.. Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Case Disposition: Project Planner: Hirt File Location: cove Notes: Follow-Up: Conditions of Approval: F777 District: F_ Date Received: 10/21/2005- _ Pre-App Date: F -ITC [IF WHEAT RIME i, i,~r~M.rh, Af~ir~rL=dl; ~=nri<_ - IDT Nh _fi.lti FNS) 'TONT IC tiPPLi~~r TJi4 F 000irl; _enp L1. DR-4 I ~Y'ri fp F-AyMF RECEIVED r lfill•I ie; , 340 fc) TO TO frn ~,n 3"f}.