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HomeMy WebLinkAboutWA-02-147500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 "eat Telephone 303/235-2846 Ridge FAX 303/235-2857 December 20, 2002 Alan Hauser Architecture One 150 E. 291h St., 4200 Loveland, CO 80538 Dear Mr. Hauser: RE: Case No. WA-02-14 Please be advised that at its meeting of December 4, 2002, the Board of Adjustment APPROVED with conditions* your requests for (A) a 6 foot setback variance from the required 10 foot setback for a freestanding sign resulting in a 4 foot setback on Wadsworth Boulevard, (B) a 2 foot setback variance from the required 5 foot setback for a second freestanding sign resulting in a 3 foot setback, and (C) a 9 foot sign height variance from the maximum allowable 15 foot sign height resulting in a 24 foot high sign on property zoned Commercial-One and located at 3800 Wadsworth Boulevard. *See conditions on enclosed resolutions. Enclosed is are copies of the Certificate of Resolutions stating the Board's decision which became effective the date of the meeting, December 4, 2002. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, June 2, 2003. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy F' d Administrative Assistant Enclosures: Certificate of Resolutions Draft of Minutes cc: Burger King 1639 S. Lee St. Lakewood, CO 80232 WA-02-14 (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 4th day of December, 2002. CASE NO. WA-02-14 (A) APPLICANT'S NAME: Burger King LOCATION: 3800 Wadsworth Boulevard Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-14(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 there were no protests registered against the application; 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-02-14 (A) be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 6-foot setback variance from the required 10-foot setback for a freestanding sign resulting in a 4-foot setback on Wadsworth Boulevard for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. FOR THE FOLLOWING REASONS: 1. The applicant has not created a self-imposed hardship. The subject sign did exist legally on the Wadsworth Boulevard frontage at the time of the issuance of the building permit. However, the sign has shifted off the subject property due to the acquisition of right-of- way. WITH THE FOLLOWING CONDITIONS: 1. The sign that currently exists be removed prior to installation of the new sign. 2. The logo and breakfast sign shall be the same dimensions as indicated in Exhibit 7 of the case file. Board of Adjustment Case No. WA-02-14(A) Page two (2) VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, HOWARD, MONTOYA, YOUNG NO: None DISPOSITION: A request for approval of a 6-foot setback variance from the required 10-foot setback for a freestanding sign resulting in a 4-foot setback on Wadsworth Boulevard for property zoned Commercial-One and located at 3800 Wadsworth Boulevard was APPROVED. ADOPTED and made effective this 4th day of DECEMBER, 2002. 4BoJE O TOYA, Ch 'rm of stment Ann Lazzeri, Secretar 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 4th day of December, 2002. CASE NO. WA-02-14 (B) APPLICANT'S NAME: Burger King LOCATION: 3800 Wadsworth Boulevard Upon a motion by Board Member HOVLAND and second by Board Member DRDA, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-14(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 there were no protests registered against the application; 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-02-14 (B) be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 2-foot setback variance from the required 5- foot setback for a second freestanding sign resulting in a 3-foot setback for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. FOR THE FOLLOWING REASONS: 1. A person having interest in the property has not created the hardship. The hardship was, in fact, created by the acquisition of right-of-way for 38th Avenue. 2. The sign existed legally and was in conformance with the Code under which it was constructed. 3. Several mature trees and existing signage on adjacent properties could possibly prevent visibility of the sign, were it to comply with the 5-foot setback provision and in recognition of the fact there is a reduction in height from the present sign. Board of Adjustment Case no. WA-02-14 (B) Page two (2) WITH THE FOLLOWING CONDITIONS: The monument sign shall be the same dimensions as indicated in "Exhibit 9" as contained in the case file. 2. The sign that currently exists be removed prior to installation of the new sign VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, HOWARD, MONTOYA, YOUNG NO: None DISPOSITION: Request for approval of a 2-foot setback variance from the required 5-foot setback for a second freestanding sign resulting in a 3-foot setback for property zoned Commercial-One and located at 3800 Wadsworth Boulevard was APPROVED. ADOPTED and made effective this 4th day of DECEMBER. 2002. Ann Lazzeri, Secre ary 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 4th day of December, 2002. CASE NO. WA-02-14 (C) APPLICANT'S NAME: Burger King LOCATION: 3800 Wadsworth Boulevard Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-14(C) 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 there were no protests registered against the application; 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-02-14 (C) be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for a 9-foot sign height variance from the maximum allowable 15-foot sign height resulting in a 24-foot high sign for property zoned Commercial- One and located at 3800 Wadsworth Boulevard. FOR THE FOLLOWING REASONS: A person having interest in the property has not created the hardship. The hardship has in fact been created by a change to the Zoning Code. The sign existed legally and was in conformance with the Code under which it was constructed. Several mature trees could possibly prevent visibility of the sign were it to comply with the 15-foot height limitation. 4. If the current sign were lowered, it is likely that the reader board would interfere with visibility at the driveway between Burger King and Boston Market. Board of Adjustment Case No. WA-02-14 (C) Page two (2) WITH THE FOLLOWING CONDITIONS: That the logo and breakfast sign shall be the same dimension as contained in the case file. The reader board shall be redesigned and downsized by 50% to a more complementary geometry. VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, HOWARD, MONTOYA, YOUNG NO: DRDA DISPOSITION: Request for a 9-foot sign height variance from the maximum allowable 15-foot sign height resulting in a 24-foot high sign for property zoned Commercial-One and located at 3800 Wadsworth Boulevard was APPROVED. ADOPTED and made effective this 4th day of DECEMBER, 2002. VJ .a L I Ann Lazzeri, Secretary ~ Board of Adjustment Type of Variance: Request for approval of a 3-foot 9-inch fence height variance to the 6-foot maximum height allowed resulting in a 9-foot 9-inch high fence on property zoned Residential 1B. For the following reasons: 1. The physical surroundings and topographical conditions of the area have created a hardship in that the apartment structure adjacent to this property, and sharing this property line, sits with only a 6-foot setback from this affected property line thereby not offering 3739 Chase the normal relief provided by normal setbacks. The apartment structure adjacent to this property and sharing this property line sits on a lot elevated considerably from 3739 Chase. 2. The request would not alter the essential character of the locality. Neighbors sharing this property line on both sides of 3739 Chase have screening affected by vegetation, garages, etc. 3. The allowed fence would be wood with metal posts and would extend 6-feet, above the current concrete wall providing the allowed 6-foot fence along a rear property line. The motion passed 8-0. C. Case No. WA-02-14: An application filed by Burger King for (A) approval of a 6-foot setback variance from the required 10-foot setback for a freestanding sign, resulting in a 4-foot setback; (B) a request for a 2-foot setback variance from the required 5-foot setback for a second freestanding sign resulting in a 3-foot setback; and (C) a request for a 9-foot sign height variance from the maximum allowable 15-foot sign height resulting in a 24-foot high sign for property zoned Commercial One (C-1) and located at 3800 Wadsworth Boulevard. The case was presented by Travis Crane. He reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff recommended approval of the application for reasons outlined in the staff report. Since the request is located in the urban renewal area, it was reviewed by the Wheat Ridge Urban Renewal Authority. Mr. Crane distributed copies of the review made by the Authority which found that the application should have negligible impact on the urban renewal area. Staff recommended approval of all three variance requests for reasons outlined in the staff report. Concern was expressed by members of the Board about the necessity to remove trees when the sign is moved. Travis Crane reminded the Board that the applicant would still tcoara or aa3ustment Page 3 12/04/02 be required to have 20% landscaping. In response to a question from Board Member DRDA, Meredith Reckert stated the applicant's request would be in keeping with the Wadsworth Corridor Plan. Travis Crane also stated there is no problem with the Highway Department. Board Member ABBOTT asked about lowering the height of the pole sign. Travis Crane expressed concern that if the pole sign is shortened, it could cause sight distance problems. Alan Hauser Architecture One -150 E. 29th Street #200, Loveland Mr. Hauser, architect for the applicant, was sworn in by Chair MONTOYA. The vast majority of existing landscaping would remain after the site is developed and the mature trees along 38th would remain. The only mature trees to be removed are two just behind the bus stop area because of a change in the curb configuration and two trees on the east side of the site to make way for new drive cut to the Burger King parking lot from shopping center drive. The reason for changing the sign on 38`h from a tall pole sign to a monument sign is that the trees would block the pole sign. Board Member DRDA asked if it would be practical to lower the pole sign on 44 h. Mr. Hauser replied that Burger King would prefer not to lower the sign. He agreed that lowering the sign would interfere with sight distance, If required to lower the sign, Burger King would probably apply for a new sign. Board Member ABBOTT stated that he finds the design of the present reader board to be objectionable and suggested it be redesigned and made smaller. Board Member YOUNG agreed with Board Member ABBOTT's concerns. Mr. Hauser stated that Burger King likes to maintain reader boards because of their effectiveness. If the Board does not approve the request for the 4-foot setback, Burger King will look at other alternatives for the sign. Chair MONTOYA asked if there were any individuals present who wished to address these applications. There was no response. Board Member ABBOTT commented that the requested variances would result in an improvement to the present situation. Travis Crane agreed. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment Page 4 12/04/02 Whereas, Board of Adjustment Application Case No. WA-02-14(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 no protests registered against it; 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- 02-14(A) be, and hereby is, APPROVED. Type of Variance: Request for approval of a 6-foot setback variance from the required 10-foot setback for a freestanding sign resulting in a 4-foot setback on Wadsworth Boulevard for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. The applicant has not created a self-imposed hardship. The subject sign did exist legally on the Wadsworth Boulevard frontage at the time of the issuance of the building permit. However, the sign has shifted off the subject property due to the acquisition of right-of-way. With the following conditions: 1. The sign that currently exists be removed prior to installation of the new sign. 2. The logo and breakfast sign shall be the same dimensions as indicated in Exhibit 7 of the case file. 3. The reader board will be redesigned to a more complementary geometry and downsized by 50%. Board member DRDA questioned whether the applicant had created a self-imposed hardship by requesting a change in location. Chair MONTOYA commented that it was his understanding that, due to street and redesign of the area, the applicant is being required to adhere to current sign regulations. Board member ECHELMEYER expressed concern that a 50% reduction in the reader board would make it more difficult to read. Further, he did not believe it was the Board's place to redesign the applicant's sign. Board member ABBOTT disagreed in that the present reader board is greatly under-utilized. He also stated his belief that it is within the jurisdiction of the Board to incorporate into a variance approval, requirements which Board of Adjustment Page 5 12/04/02 would lessen the impact and improve the overall outcome of the variance. Chair MONTOYA commented that the request should be considered on the basis of the setback only without any conditions as to the design of the sign. Mr. Hauser returned to the stand to reiterate Burger King's primary concern is to obtain the setback and maintain the height of the current Burger King logo. He asked that request A be considered on the basis of the setback issue alone and any conditions about the reader board be considered under Request C. Board Member ABBOTT amended his motion to remove the third condition from his motion. Board Member BLAIR agreed to this amendment. A vote was taken on the amended motion. The motion passed 8-0. Upon a motion by Board member HOVLAND and second by Board member DRDA, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-14(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; 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 Case No. WA-02-14(B) be, and hereby is, APPROVED. Type of Variance: Request for approval of a 2-foot setback variance from the required 5-foot setback for a second freestanding sign resulting in a 3-foot setback for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. A person having interest in the property has not created the hardship. The hardship was, in fact, created by the acquisition of right-of-way for 38rh Avenue. 2. The sign existed legally and was in conformance with the Code under which it was constructed. aaara of Aajustment Page 6 12/04/02 3. Several mature trees and existing signage on adjacent properties could possibly prevent visibility of the sign, were it to comply with the 5-foot setback provision and in recognition of the fact there is a reduction in height from the present sign. With the following conditions: 1. The monument sign shall be the same dimensions as indicated in "Exhibit 9" as contained in the case file. 2. The sign that currently exists be removed prior to installation of the new sign. The motion passed 8-0. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-14(C) 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; 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- 02-14(C) be, and hereby is, APPROVED. Type of Variance: Request for a 9-foot sign height variance from the maximum allowable 15-foot sign height resulting in a 24-foot high sign for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. A person having interest in the property has not created the hardship. The hardship has in fact been created by a change to the Zoning Code. 2. The sign existed legally and was in conformance with the Code under which it was constructed. 3. Several mature trees could possibly prevent visibility of the sign were it to comply with the 15-foot height limitation. Board of Adjustment Page 7 12/04/02 4. If the current sign were lowered, it is likely that the reader board would interfere with visibility at the driveway between Burger King and Boston Market. With the following conditions: 1. That the logo and breakfast sign shall be the same dimension as contained in the case file. 2. The reader board shall be redesigned and downsized by 50% to a more complementary geometry. Board Member DRDA stated he would not support the motion because he did not believe the application supports the Comprehensive Plan, zoning or sign ordinances presently in place. Further, he was not convinced that the.applicant did not impose the hardship. A vote was taken on the motion. The motion passed 7-1 with Board Member DRDA voting no. (Chair MONTOYA declared.a brief recess at 8:17 p.m. The meeting was reconvened at 8:25 p.m.) D. Case No. WA-02-15: An application filed by James and Jeremy Frisk of Longshots Bar and Grill for approval of a complete waiver of Section 26-502 (landscape requirements) on property zoned Commercial-One (C-1) and located at 4400 Ward Road. Chair MONTOYA announced that Board Member YOUNG had approached him and explained reasons for wishing to be exempt from hearing this case. Therefore, Mr. YOUNG stepped down from the dais and did not participate in the hearing process for Case No. WA-02-15. The case was presented by Meredith Reckert. She reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff concluded that the evaluation criteria did not support a total waiver of Section 26-502 of the Code of Laws. However, staff did recommend a partial waiver if conditions as outlined in the staff report were met. Since the request is located in the urban renewal area, it was reviewed by the Wheat Ridge Urban Renewal Authority. Ms. Reckert distributed copies of the review made by the Authority which found that the application is not consistent with the existing 44"' and Ward Road redevelopment plan. At the request of Chair MONTOYA, Ms. Reckert reviewed the ten goals for the 44'1' and Ward Road redevelopment plan. Her opinion was that it was the ninth goal (to develop projects which reflect an image ofquality Board of Adjustment Page 8 12/04/02 Board of Adjustment request for approval of a 2-foot setback variance for a second freestanding sign, resulting in a 3- foot setback request for a 9-foot sign height variance for the first freestanding sign resulting in a 24-foot high sign request will require a separate motion z X J: c G ' 6aRGERi . } y 44S 3s"r V r v ,Svo n rl Y a GLq~ Looking south from Wadsworth Looking east from 38th 2 Variance Request "A" Must be setback 10 feet from property line Property V nest "B" R 'I IMP M M. R ...and Replace it With This One I k %f EFEAKFAST I } v ItN t i Request °C lowahle height for a sign on this property is 15 sign is 24 feet tall. m of the locality? of property result in a unique p been created by anyone having in the property? ig of the variance detrimental to the welfare? noting of the variance result in benefit to neighborhood? 4 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: December 4, 2002 DATE PREPARED: November 20, 2002 CASE NO. & NAME: WA-02-14/Burger King CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of 6 foot setback variance from the required 10 foot setback for a freestanding sign, resulting in a 4 foot setback AND a request for a 2 foot setback variance from the required 5 foot setback for a second freestanding sign resulting in a 3 foot setback AND a request for a 9 foot sign height variance from the maximum allowable 15 foot sign height resulting in a 24 foot high sign. LOCATION OF REQUEST: 3800 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT (S): NAME & ADDRESS OF OWNER (S): Dan Boyle 1639 S. Lee Street Lakewood, Colorado 80232 Wheatridge Marketplace (H. Lee Ambrose) 315 Shadow Lake Court Grand Junction, Colorado 81503 APPOXIMATE AREA: 25,011 square feet (.57 Acres) PRESENT ZONING: C-1 (Commercial One) PRESENT LAND USE: Fast Food Restaurant SURROUNDING ZONING: N, E &W: Commercial One; S: Planned Commercial Development SURROUNDING LAND USE: N, S, E &W: Commercial DATE PUBLISHED: November 14, 2002 DATE POSTED: November 20, 2002 DATE LEGAL NOTICES SENT: November 20, 2002 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (X) OTHER The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment WA-02-14/Burger King L REQUEST The property in question is located at 3800 Wadsworth Boulevard, and is currently a fast food restaurant. The property is zoned Commercial One (Exhibit 1, Zoning Map). The applicant, Dan Boyle, is acting on behalf of the Burger King Corporation. The Burger King Corporation leases the property from the Wheatridge Marketplace partnership (Exhibit 2, Letter of Authorization). The Burger King Corporation is requesting three separate variances. Variance "A" is a request for approval of a 6-foot setback variance for a freestanding sign, resulting in a 4-foot setback for the sign. Variance "B" is a request for approval of a 2-foot setback variance for a second freestanding sign, resulting in a 3-foot setback. Variance "C" is a request for a 9-foot sign height variance for the first freestanding sign resulting in a 24-foot high sign (Exhibit 3, Application, Exhibit 4, Letter of Request). Each request will require a separate motion. The applicant is proposing a total redevelopment of this site. The Burger King Corporation wishes to upgrade the current facility. This upgrade will entail a total redesign and reconstruction of the building to reflect a new corporate image. As a result, the signage will be updated to replicate the new building design. II. PROPERTY HISTORY This property was redeveloped as a restaurant in 1982. It was originally constructed with two freestanding signs, one sign on the W. 38th Avenue frontage and one sign on the Wadsworth Boulevard frontage. At the time of construction both signs existed legally, met required setbacks and did not exceed maximum allowable height. A few changes in physical conditions and City policy have rendered both signs non-conforming. The first change was the acquisition of right-of-way. Over time, additional right-of-way was acquired for the expansion of Wadsworth Boulevard and 38th Avenue, but the freestanding signs remained in their original location. As a result of the acquisition of right-of-way, the sign on the Wadsworth Boulevard frontage is not currently located on the subject property, but is located in the right-of-way. The sign on 38th Avenue is located on the subject property, but does not meet the required setback for a freestanding sign (Exhibit 5, Current Conditions Site Plan). The second change occurred with the re-write of the Zoning Code. Under the previous Zoning Code, freestanding signs were allowed a maximum height of 25 feet. Currently, freestanding signs are allowed a maximum height of 15 feet. This property is located within an Urban Renewal area, and the Urban Renewal Authority reviewed this proposal on December 2, 2002. III. SITE PLAN The applicant has submitted a site plan that depicts the location of the proposed signs (Exhibit 6, Future Site Plan). The Code of Laws states that corner lots are allowed one freestanding sign per street frontage. The lot has street frontage on both Wadsworth and 38th Avenue. Board of Adjustment WA-02-14/Burger King Since there are three variance requests, each one will be discussed separately. Request A There is a pole sign that presently exists off the subject property in the Wadsworth Boulevard right-of-way. This pole sign is 24 feet tall (Exhibit 7, Sign Elevation A). Article VII of the Code of Laws states that freestanding signs that are between 7 and 25 feet in height must be setback from the property line at least 10 feet. The applicants wish to keep the existing sign and relocate it onto the subject property, setback 4 feet from the property line. Another item that hinders this property is the requirement for a parking lot buffer on 38th Avenue. The Code of Laws dictates that a ten foot landscaped buffer must be maintained between the drive thru and the right-of way. The freestanding sign will be relocated in this ten foot landscaped buffer. This sign is 8 feet wide, which would make it very difficult to comply with the 10 foot setback. Sign setback is measured from the leading edge of the sign, not the center of the support structure. Request B Currently, a pole sign that is almost 19 feet tall exists on the 38th Avenue frontage (Exhibit 8, Sign Elevation B). The applicant is proposing to replace the existing pole sign and construct a new monument sign in the same location. The new monument sign will be 6 feet high (Exhibit 9, Sign Elevation Q. Per the proposed plan, the sign located on 38th Avenue will be setback 3 feet from the property line. Article VII of the Code of Laws states that freestanding signs that are less than 7 feet in height must be setback from the property line at least 5 feet. As indicated above, a 10 foot landscaped buffer must be maintained between the drive thm and the right-of way. Given a monument sign of over 5 feet in width, it would be extremely difficult to meet the required 5 foot setback and still maintain visibility due to the existing trees on the west side of the sign and the transformer on the east side of the sign. Request C The applicant is requesting a sign height variance for the sign on Wadsworth Boulevard. Per "Request A", the applicants are proposing to move the existing sign onto the subject property. The existing sign is 24 feet tall, and the applicants request it remain 24 feet tall. When this sign was installed with the original building permit, the Zoning Code allowed a 25-foot tall sign. Article VII of the current Zoning Code does contain a provision that allows signs up to 50 feet tall for properties located within %4 mile of I-70, however, this property is located more than '/4 mile from I-70. The maximum allowable sign height for properties located more than '/4 mile from I-70 is 15 feet. Therefore, the relocated sign is subject to the 15-foot height limitation. IV. VARIANCE CRITERIA Since the requests are similar in nature, requests "A" `B" & "C" are addressed with the following criteria. However, each request will require separate discussion and a separate motion. Staff has the following comments regarding the criteria used to evaluate a variance request: Board of Adjustment WA-02-14/Burger King 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? Request A, B & C. If the requests are denied, the property may still receive a reasonable return in use. The property is currently utilized as a fast food restaurant, and this use may continue. There however could be an argument raised that the restaurant may possibly lose some advertising visibility if the three variances are not approved. 2. If the variance were granted, would it alter the essential character of the locality? Request A& B: The granting of these requests most likely will not impact the essential character of the locality. This area is a very busy commercial corridor, and freestanding signage dominates the landscape and vision lines. Both freestanding signs will be located within the required 10 foot landscaped buffer. There are mature trees on each street frontage, and many of these trees will remain. Request C: This 24 foot sign height should not alter the character of the locality. This area is saturated with commercial structures, and subsequently commercial signage. Much of the commercial signage was installed under a previous version of the Zoning Code that allowed a taller freestanding sign. 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? Request A, B & C: The lot does not have a unique shape. It is a typical commercial lot, and is relatively flat. There is no minimum lot size in the C-1 district; however, all of the development standards such as parking and minimum landscaping must be met. There are several mature trees on each street frontage that may hinder sign visibility. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Request A: The applicant has not created a self-imposed hardship. This sign did exist legally on the Wadsworth Boulevard frontage at the time of the issuance of the building permit; however the sign has "shifted" off the subject property due to the acquisition of right-of-way. Request B: The applicant has not created a self-imposed hardship. This sign did exist legally on the 38th Avenue frontage at the time of the issuance of the building permit. The acquisition of right-of-way has made the existing sign setback non-conforming. Board of Adjustment WA-02-14/Burger King 4 Request C: The applicant has not created a self-imposed hardship. The height of the freestanding sign on Wadsworth was in compliance at the time of issuance of the building permit. A change to the Article VII of the Code of Laws has made the height of the freestanding sign non-conforming. The applicant could construct a new sign and reduce the height, but several mature trees would make sign visibility extremely difficult. 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? Request A, B & C. The requests would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of these requests. The requests would not increase congestion in the streets, nor increase the danger of fire. The requests would most likely not have an effect on property values in the neighborhood. 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 of a person with disabilities? Request A, B & C: The requests would not result in a contribution or benefit to the community. The requests would not result in a reasonable accommodation of a person with disabilities. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Since there are three separate variance requests, each one should merit individual discussion and individual motions. Request A 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. A person having interest in the property has not created the hardship. The hardship has in fact been created by the acquisition of right-of-way for Wadsworth Boulevard. 2. The sign existed legally and was in conformance with the Code under which it was constructed. 3. Because the existing sign is eight feet in width, it would be extremely difficult to locate the sign in the required ten-foot landscaped buffer and comply with the ten-foot setback provision. Board of Adjustment WA-02-14/Burger King With the following conditions: 1. The sign that currently exists be removed prior to installation of the new sign. 2. The sign shall be the same dimensions as indicated in "exhibit 7", as contained in the case file. Request B 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. A person having interest in the property has not created the hardship. The hardship has in fact been created by the acquisition of right-of-way for 38`h Avenue. 2. The sign existed legally and was in conformance with the Code under which it was constructed. Several mature trees and existing signage on adjacent properties could possibly prevent visibility of the sign, were it to comply with the five-foot setback provision. With the following conditions: 1. The sign shall be the same dimensions as indicated in "exhibit 9", as contained in the case file. 2. The sign that currently exists be removed prior to installation of the new sign. Request C 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. A person having interest in the property has not created the hardship. The hardship has in fact been created by a change to the Zoning Code. 2. The sign existed legally and was in conformance with the Code under which it was constructed. 3. Several mature trees could possibly prevent visibility of the sign, were it to comply with the fifteen-foot height limitation. Board of Adjustment WA-02-14/Burger King EXHIBIT 1 NE 23 te I "I ;~I itI J U °I I t . 1. l " r l z l ~ C-1 z e_c x_ - R z z,za R-C m R- e N-C $ PAY-N-PAK ° El EN FEIN . ' W -85-4 R PCD w aoPL ~e $ 2 - o R ~ R q ~ Wz.77-22 $ 4~ J Q 8 C-1 am W ~ N s azz _ ~ 3 ~ V vmEAT CURRIER r/dj q TMN PCD N 3 A RARK ~ P S ° wz-sae p W10 m a WHEAT GE C-1 - MAKKETt' g .0 WS -9S1 3aa9 3Yb R 5 B IV151 N A R R-3 WSP-BS] R-C WHEAT RIDGE It MIDDLE SCHOOL z CUP-93.2 0 R-2 CUP-932 STEVENS ELEMENTARY SCHOOL B ti a R-3 CRAIG $ s o W 39T AVE ^ U J 5 U U .3950 ~ 8 F ~ S 8 SI NE 26 OFFICIAL ZONING MAP _PARCEULOT BOUNDARY (DESIGNATES OWNER HIP) S E 23 WHEAT RIDGE ----WATER FEATURE COLORADO ` DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN 0 too red. (APPROXIMATE LOCATION) DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT _ Last Revision: SeotembeP 10. 2 EXHIBIT 2 Wheatridge Marketplace c/o Mr. H. Lee Ambrose 315 Shadow Lake Court. Grand junction, CO 81503 November 6, 2002 RE: Consent of Landlord to Scrape and Rebuild (and related matters) of Burger King Restaurant # 3324 located aL800 N. Wadsworth Blvd., Wheatridge; CO. Dear Lee, The City of Wheatridge is requiring as part of our submission package for the scrape and rebuild of this restaurant, that the Landlord evidence it's consent to the application and certain particulars. Please evidence your consent to the following matters by executing on behalf of the Landlord / Property Owner in the signature block provided below. Thanks for your prompt co-operation. It is hereby agreed between Burger, King,Corporation (`SKC") and Wheatridge Marketplace Partnership -as Property Owner and Landlord ("Landlord") of the above captioned premises ("Premises") , in favor of the City of Wheatridge and whomever else it may concern , that the Landlord hereby consents to and agrees that BKC may do the following actions as part of their planned construction .ofa new BK restaurantat38.00 N. Wadsworth Blvd: 1. Tear down the existing restaurant building and replace it with BKC's new standard Image '99 restaurant building, the design, and layout of which is hereby approved by Landlord. 2 Make any and all necessary applications to the City of Wheatridge for all required signage, zoning, permitting and any. other. City. requirements in order demolish the existing building and to obtain a building permit and begin-construction of the new building. 4. Make application to vary, the signage atthe premises, includingxpovin- the monument sign on Wadsworth Blvd, changing the type, placement and variety Of any City approved and allowable signage elsewhere on or about the Premises. The Landlord hereby consents to the foregoing as evidenced by it's signature set forth below: LESSEE, r e~ Kii corporation By; oa George C. Woo Its: Asset Manager Date; OG d a LESSOR,: By: Indust H. Lee Ambrose It's:Managin nerpar ner Date: BURGER KING CORPORATION 7746 S. Hudson Ct, Centennial, CO 80122 (7M. 489,5725.! (720) 489-5740 (fax) &HIBITS LAND USE CASE PROCESSING APPLICATION Planning and Development Department 00 9'~ Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 C~CORA~~ (Please print or type all information) AI,Ar1 I-llk Wi"eP-,AIZGi-IITEGj Applicant AR6FII'7,GTUi NE1 1?C, Address 50 E~, A Q-fft ~✓Uf I~ ZQ Phone~q/Q7~-g0(o0 City LOUR A W - State GO Zip Fax (o(oT PAR FOYLE; CON~7F'UCP0A M&K, Owner Fi(I t' IGii~1[9 foNP. Address ~~~67, LEE i5 IF-EET Phone 0 -0' I City LAV.-aW00i2 State W Zip 80 ~1L Fax()fo' -OGO'fj Contact At At I AUYt6f, , A964 1 g Address 6GAJ1d A0 AWV E) Phone City ' State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) t Location of request (address):WM, 1Gty& 1'-FjJ JJr-A1JT 7OX WAG-9W0f714 DWV, Wi-W P-1P&,LeO Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ~Variance/Waiver (from Section 26 J ❑ Zoning Ordinance Amendment ❑ Other: Gi'GTP~AGIG i?y Detailed description of request:A \'Ar-JAIJC.t- TO RGQIF-i:CJ *16tI ftl&i-1T A0(7 51&4 /ALLOW fvl; TI-fe rr:woVAL- Aiw RBLOCN`TIOtJ OF lRe 15Xl✓lll, SLfF6Er- K406, FOIE *Iu~AI Ora WAVe~WO CIAO C~ 150 /3869 WWOMlEN 01M? Wl4W 1920E Go Required information: 01 5-/4'7, ASE Assessors Parcel Number: Size of Lot (acres or square footage): V'~.011 t~f CurrentZoning:6-1 44QM AFI I.iAdz OAeE Proposed Zoning:t,-fJ60Al laWJAL, Oi rE Current Use: PiliR(-,fJL KFN['9 f;E9TIW K&bNT Proposed Use: 131 VJ FAJ94!gF V-1 P Ji~aURAt3 F 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 L/ ,4'I~~ Subscribe •aiid sword" me this o2l+ is day of 20 D~ BIOTA Y £ Notary Public k. i My commission expires /,;X r Date received Fee $ /50-5-7 Case No. AIA-49-14 Comp Plan Desig. Zoning Quarter Section Map _ Related Case No. Pre-App Mtg. Date oV -//t d~ Case Manager EXHIBIT 4 ARCHITECTS/PLANNERS, P.C. ONE October 28, 2002 Mr. Travis Crane, Planner City of Wheat Ridge, Planning Dept. 7500 West 29u Avenue Wheat Ridge, CO 80215 RE: Request for Signage Variance Burger King Restaurant- 3800 Wadsworth Blvd., Wheat Ridge, CO Dear Travis: Accompanying this letter, please find an application and all required submittal materials for a signage variance in conjunction with the proposed development of the Burger King Restaurant referenced above. As you will recall, this project was discussed at a Pre-application Meeting on October 10, 2002. The existing Burger King Restaurant and associated sitework (as depicted on the enclosed survey) will be demolished and a new Burger King Restaurant with an interior playground (as depicted on the enclosed site plan) will be constructed. In conjunction with this proposed development, the disposition of two existing pole signs must be addressed by means of a request for variance. The existing pole sign on the Wadsworth Blvd. street frontage is shown as Sign Elevation "A" (attached). The purpose of this variance is to request approval to relocate this existing pole sign twelve feet (12'-0") to the east of its current location. The existing pole sign on the 38th Avenue street frontage is shown as Sign Elevation "B" (attached). This pole sign will be removed and not relocated. A smaller ground mounted monument sign will be located along the 38th Avenue street frontage as indicated on the Site Plan. The elevation of this new sign is provided as Sign Elevation "C" (attached). These two existing pole signs have been on this site since the original construction of the existing Burger King restaurant in the late 1970's. All proposed roof signs and wall signs in conjunction with the new Burger King restaurant will meet the requirements of Section 26-709 and are not included in this Request for Variance. I hope this information is responsive to your needs at this time. Should you need any additional materials to process this application, please contact me at your convenience. It is my understanding that this variance request will be scheduled for a hearing to be held on Friday, December 6, 2002. Sincerely, Ak Rxatll~ Alan Hauser, Architect Architecture One, P.C. xc: Dan Boyle, BK Corp. 150 EAST 29TH STREET PALMER GARDENS, SUITE 200 LOVELAND, COLORADO 80538 970/669-9060 FACSIMILE 970/669-9066 2 ,2 w 8Q $CME r' - 20' (EXHIBIT 5 I - - EACmsrx uxE - --wc uc - - s.Wioar snvl r,IE - _ _ „p0, StrIW ,01E ,6An,a[e uc WfII 1HE 4aWlouR uIE [waE EK ciEWwn ~GJ Iwv wlL wxwc cs riw c+ FIFGibt IE1FR Wnila W6A oO weem rc olPlwle Svcs wwl ma=y 5'1NEf IYM more uart u ipr0lwE pEpE51µ 0 wlw IciER WArw WUC f'' sar EUwnox ~~g~rm m wne [uwnox ~iLON utlE vEYAlAY1 r e'~°wwa~mw6ar'~iwRw .r- flES1EEt1 m¢ ..'T~SiLLLL1Efl b 1PlWt- . I I : I 1 1 I I yl ,I ~ I I 'I ~ 1 fP I rcwlsmp wR~ I ww , I woR ~ f.r - I Wl I I °`W i > to I i W LO At OCA- - y y V I I 8 ~ Aff xus rsz'r A7ffS ~5 SW mj1 ~G I 'OM Z p ~ F I ' ~ ~ir , I. ` , 7+ 2 I Dow Nar g 911KH1 MlO HQ.9HEh Cfi 6fgrf BiCK MDiTME BLLpq cFlde[av aP* a~` I F~ a - tI ~Yf01M1 rNp wfSlC ry - .e I .I ffl ,t I _ I r M V i w I - I rwro aasEOM---- -o--.~~._-. I i T rr- aeJtl Jq Kv mmt 1?y w ~'I (ae w.xoirxa) J P 4 I~ - 1 AwROxwrm Eaarax T - - SLY OMW tYLf.II~IOIiEOTI'CI~M/GIT/iG!'L vcuauc smnce OECAQ A21M9Cf LYi: AO---7 cwwAwr EAUIIFHf - WEST ?STN AVENUE _ A.x MEL q F JJI 1p! t, ELpLF 1. w1FAi 0.P2 LLWQRVGE $VBY.ISOM. iWSi Rw0 arc a WIWAi root[. mUrlrc rc uffE®x. srm: w coloRAOo EgWR 2Ei (w.SiAx AArS). M /AYrE EEY 0 >MCEL fA1Rbw All oUSCS w vErrmmu; A Iwsmm IR^i65aN4 IAw swcYWR w M srA¢ a renmr cmwr orWr ro wvam axc cewoR.naw Mr ax ,wr xl Ewa ALr SAAfY WAS LW1WL•!xA U6FR w S -S F M wV KAEt.X pFSFMS Sw srAxr. m M m* a VY RIaA1fD^L 1M5 OMMF 046 N01 Rf9PF9FM 11Nb SIAAfY. Vlw rflfr£T Nd. YIPRTEVEM d~6Y ~ ~ Oi ~ REI~a fh0fho M °A SLRIOATUxES slwx Au rwe vodtlYmrr X09 B[@f, O [X4a[5 x. BEMYIROO A ~,f wArEF4w4 LS Ip..UIDx $]20T. Y'j'o( wiE Or P1MLY: JI0.Y xDT[ Q ^/j 6 FAUAF4 tI~S rlc amcr ws mwlElm Mtw11r M eErart Or A rmL mYmw*rt Aw ooa xvr me6mlrtE A inlt swu n rx6 svR.Ar [oR Aw r.6Erxnrs. ERCFWIar.T Aw/ox LVltwsws ar REMN. lOE awnas saw Rs6w+fRr: aACn uax bAiPRUI iIW 1ME rm WE rc IAr 1. wow 1, Wewr rms wrw6inACE s6w.sax. nro* [AW stns moxrsrE As REiVRNEm Wo awWam m M wr«imlrs sww IaREmI. In fnlauaa worms oiwR gmwurrw WAS wWfaom. M lIX'AMN$ Or M lNgE4R0.410 N11145 51AM11 XEISOM ARE dbFL UPoM WRN6 BY 9LNfIGE fl¢OICE .V M lit 04' T¢5 $IIRIET IM .roROm ~u ms ors ."I"r omw ww ua ra az mrmou¢n b 9pKnWfOt: tlIY Lf RIpCE PInxW LIXT9EU AS . wU4 Vp Sr IREMYIf w J]M h WIMWCMM MRXA. CEI WrrEA.v`Nrr.I FIEVAlttN1 ~ SW.b r A [EMhAr i0 wNi i0~MrEl~ fIFWI'At6 4a 0.`HIwP6 SrIWN r0 ll®T ICGwWa i0 ChMMt 4W lLV WSr IXWQrCE wlr rE44 /CIKM aAao ww Aew oE[ECr w rxw suReAr wnAx nAwr m.Ra Aran NMI iw5i C4AQ9r $UGI MFL f. W M flIXl. WY YIf M.TG 851F0 mox nN wtttr w rws slwEr s ww¢ncm ua6 rxw xu• ass wau M arE a M r[nmuimx Bawl IWREAIa AY! PF%M Ma NraWWiY RWM5. .41[16 M CEEIfE wtt wIW)L VNO SwM1ET YJN.WM CR IIIO SUM YGW Wlr qi 1LCE4^M W`YW$ A CN¢ w0(YtZ6iNaR PIR6UNf tt1 $fAIC i}ATII[ I!1-SC& ff M Rfllgp SUIUIE VICINITY MAP wwb . EXHIBIT 6 AREA SUMMARY TOTlL LMm MlI.mall Or. (*1 mi WQ analw9's~. swx IAV roM7 w. A.~ AN". ae ar, alz ~sDl 0l'!1 MIG6 'Ua or. SUII.flIN6 SUMMARY naroem uealuee ww ~,w,~«+ mmm am µ4M.m. mlL KINK. =W raaNw o V adAadt -o Vro CT CLCIrMlGY MOIrM pO1Ml1~lGT1011 TY'a Vim! PARKING SUMMARY D1ww~u. wu «•awa..nou 'der. OM/ ~r~~wr~luan~o. M tarot l..uuuw sr'cee mwm®as nnusa ronW wKns Q W I~ o~ e M711 A!1£NUE MRA2FQ= SITE PLAN nuur . M~O• WNW O ro EO M ~ 0 3 EXHIBIT 7 Profile EXI5TIN6 POLE 516N (D WADSWORTH BOULE\/ARD REPLACE EXISTING S16N PACES WITH NEW LOC70 PAGES PYLON 516N SIGN ELEVATION A' SCALE: 1/4" = 1'-0" Elevation t4t EXHIBIT 8 Profile EXISTING POLE SIGN 35th AVENUE TO 5E REMOVE>7 POND REPLACEP WITH MONUMENT SIGN PYLON 516N 516N ELEYAT I ON '5' SCALE: 1/4" = 11-O" Elevation EXHIBIT 9 Elevation Profile PROPOSED MONUMENT SIGN (D 38th AVENUE TOP LO60 516N F.LEVAT I ON IG I SCALE: 1/2" = 1'-0" all+ - Nov 20 02 02:15p CASE NO. George C Woolley POSTING CERTIFICATION 7204895740 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, residing at as the applicant for Case No. Public Hearing at_ 30069 /v. Irv (add hereby certify that I have posted the Notice of (location) on this 92 day of YF_ Wee, , 2009 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and be placed in the applicant's case file at the Department of Planning and Development. p.1 e:lplanning\formslpostingcert Rev. 616101 -r/01 / a r/ a/ 3 0 -,-0.4ve ~ Si6nloT/ (,J,Qlti"WaQT+~ d N ~ W ~ C N a d O C d N E V ~ d c Q ' m u H ~ R E Z o ? wi ~ c I I K it RN' a 3 `o W. m N OI O m+ C ~ r N Eo a u d 0 L o m E o c E 1 ,0 Nc.- ac a v v a a v a e r ~ - ~ a x N N° No No0 0 o No0 0 0 . $ m ~j ~ j Q N ~ $ u O u l Q C ~ J M U M J c L J r a>OD NKr >p N p UTO a r tF N J N N N m N _ - fIJ M O> OJ Y C r V J y N V N O d N =OW y E o a L m r O 0r O E N Y y !L W Y N r N O W C o C) Co 2850 ' -,g N K O O F- K 0 C L -a N N m m y O m IL C U % y ~ N a a l0 Q'] C Q ¢ 6 U t` Q N 3: m = c = U O L O u ` Ol Q] C a_ o + _ y 1 N O c ~ ~j Z C f n O K ~ O K N ~pp Nd U > N p c 1 p K O O ?a N C ` a N N 0 ~Na 10 (0 N V C Q m N b ~ N O r O - N = d a= N' O NL"L I V M d' ~ r 00~ L M~ ; L K ~ N IL L cf m S Q U a M in w iE~ 'o r Q O L cU UK iw E t N M m a m ~ co ro to r m m m m o o r N U M m ° N ° N ° O] ° M ° M ° N ° M LLI Y Q ro ro m m m m m m Cl p a v a a a v a rn 00 rn rn m rn m m m a °rn rn m °rn °m °m °m m O 2 p o o m t o t o t o Q Q W ZO n n r n r n n n = ~ Q > p U- C4 N O j:. Q Z a z z x=CD.2 U LO a SI 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 November 20, 2002 Dear Property Owner: This is to inform you of Case No. WA-02-14 which is a request for approval of a 6 foot setback variance from the required 10 foot setback for a freestanding sign, resulting in a 4 foot setback AND a request for a 2 foot setback variance from the required 5 foot setback for a second freestanding sign resulting in a 3 foot setback AND a request for a 9 foot sign height variance from the maximum allowable 15 foot sign height resulting in a 24 foot high sign for property zoned Commercial One (C-1) and located at 3800 Wadsworth Boulevard. 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 4, 2002, at 6:30 p.m. As an area resident or interested parry, 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. CADocuments and Settings\kathyt\My Documents\ Cathy\BOA\pubnotice\2002\wa0214.wpd Of-2D -IN, ~ WA-- MetroScan / Jefferson (CO) : Owner :3815 Wadsworth Llc Parcel : 026090 Site :3815 Wadsworth Blvd Wheat Ridge 80033 Xfered : 02/02/1999 Mail :PO Box 370327 Denver Cc 80237 Price : $500 Use :2112 Com,Improved Land Phone : 303-781-2131 Bedrm: Bath: TotRm:l YB:1964 Pool: B1dgSF: 3,640 Ac:. 41 * : MetroScan / Jefferson (CO) owner :Westland M Warner Parcel : 109804 Site :3805 Wadsworth Blvd Wheat Ridge 80033 Xfered : 11/21/1984 Mail :4055 N Academy Blvd Colorado Springs Cc 80918 Price : $225,000 - Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1985 Pool: B1dgSF: 5,390 Ac:. 44 * MetroScan / Jefferson (CO) Owner :Mountain Springs Plaza Llc Parcel : 109811 Site :7615 W 38Th Ave Wheat Ridge 80033 Xfered : 05/30/2000 Mail :1724 S Chambers Rd Aurora Cc 80017 Price : $3,400,000 Full Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1986 Pool: B1dgSF: 53,482 Ac:5 .17 * : MetroScan / Jefferson (CO) owner :Buguelli Birte A Parcel : 109818 Site :3795 Wadsworth Blvd Wheat Ridge 80033 Xfered : 08/26/1985 Mail :3765 Wadsworth Blvd Wheat Ridge Cc 80033 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm: YE: Pool: B1dgSF: Ac:. 40 * : MetroScan / Jefferson (CO) Owner :Wheatridge United Methodist Church Parcel : 405779 Site :7530 W 38Th Ave Wheat Ridge 80033 Xfered : 09/22/1969 Mail :7530 W 38Th Ave Wheat Ridge Cc 80033 Price Use :9159 Exempt,Church,Land Phone Bedrm: Bath: TotRm: YB: Pool : B1dgSF: Ac:2 .86 * : MetroScan / Jefferson (CO) owner :Paradisus Investments Llc Parcel : 407191 Site :3790 Wadsworth Blvd Wheat Ridge 80033 Xfered : 05/25/2001 Mail :PO Box 1267 Ponca City Ok 74602 Price : $50,000 Full Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1989 Pool : B1dgSF: 4,243 Ac:. 95 * : MetroScan / Jefferson (CO) Owner :Hi-Tech Facility Llc Parcel : 421452 Site :3800 Wadsworth Blvd Wheat Ridge 80033 Xfered : 12/16/1997 Mail :1600 Monaco Pkwy Denver Cc 80220 Price : $12,500,000 Ful l Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1981 Pool : B1dgSF: 3,121 Ac:. 57 * MetroScan / Jefferson (CO) Owner :Wheat Ridge Market Place - Parcel : 421453 Site :3820 Wadsworth Blvd Wheat Ridge 80033 Xfered : 12/08/1995 Mail :PO Box 672346 Houston Tx 77267 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1996 Pool : B1dgSF :5,243 Ac:. 95 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. * etroScan / Jefferson (CO) Owner :3815 Wadsworth Llc Parcel : 026090 Site :3815 Wadsworth Blvd Wheat Ridge 80033 Xfered : 02/02/1999 Mail :PO Box 370327 Denver Co 80237 Price : $500 Use :2112 Com,Improved Land Phone : 303-781-2131 Bedrm: Bath: TOtRm:l YB:1964 Pool: B1dgSF: 3,640 Ac:.41 * : MetroScan / Jefferson (CO) Owner :Westland M Warner Parcel : 109804 Site :3805 Wadsworth Blvd Wheat Ridge 80033 Xfered : 11/21/1984 Mail :4055 N Academy Blvd Colorado Springs Cc 80918 Price : $225,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TOtRm:l YB:1985 Pool: B1dgSF: 5,390 Ac:.44 * : MetroScan / Jefferson (CO) Owner :Mountain Springs Plaza Llc Parcel : 109811 Site :7615 W 38Th Ave Wheat Ridge 80033 Xfered : 05/30/2000 Mail :1724 S Chambers Rd Aurora Cc 80017 Price : $3,400,000 Full Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 Y3:1986 Pool: B1dgSF: 53,482 Ac:5.17 * MetroScan / Jefferson (CO) Owner :Buguelli Birte A Parcel : 109818 Site :3795 Wadsworth Blvd Wheat Ridge 80033 Xfered : 08/26/1985 Mail :3765 Wadsworth Blvd Wheat Ridge Co 80033 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:.40 * - - : MetroScan / Jefferson (CO) owner Owner :Wheatridge United Methodist Church Parcel : 405779 Site :7530 W 38Th Ave Wheat Ridge 80033 Xfered : 09/22/1969 Mail :7530 W 38Th Ave Wheat Ridge Co 80033 Price Use :9159 Exempt,Church,Land Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:2.86 * : MetroScan / Jefferson (CO) Owner :Paradisus Investments Llc Parcel : 407191 Site :3790 Wadsworth Blvd Wheat Ridge 80033 Xfered : 05/25/2001 Mail :PO Box 1267 Ponca City Ok 74602 Price : $50,000 Full Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1989 Pool: B1dgSF: 4,243 Ac:.95 * : MetroScan / Jefferson (CO) Owner :Hi-Tech Facility Llc Parcel : 421452 Site :3800 Wadsworth Blvd Wheat Ridge 80033 Xfered : 12/16/1997 Mail :1600 Monaco Pkwy Denver Cc 80220 Price : $12,500,000 Full Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1981 Pool: B1dgSF: 3,121 Ac:.57 * : MetroScan / Jefferson (CO) Owner :Wheat Ridge Market Place Parcel :421458 Site :3810 Wadsworth Blvd Wheat Ridge 80033 Xfered :12/08/1995 Mail :PO Box 8225 Denver Co 80201 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1966 Pool : B1dgSF :6,308 Ac:.98 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. 04i 3 I9o.00' THE W! L M 0 R E 175.00 a a 030 ST Fm - v> CEN TER ~ 155.3 S U B o 47 046 1553' irr a / m 0 201 21 12 I MO - ) 16699 120 75.18' r- Ave WH 462.15' 1 CITY OF WHEATRIDG a2226-211 S4 m 115.10' 5 020 a - MARKETPLACE o FIRST -FLG. `t \\5 00 2• 0 M 5 0 Rf W 1p d' R ~ m y S P. y ~ \\~00 6 m N X14 a't 021 w o' a qp~ 131,65 W I 0 2 - 61 3. w 0 \\6.5\ I 086 o 3 024 ~ ~ 6\ ~ 226 9\ 00 O \ \ - I 61 ~o m co 086 18859 (j~ 7 I 1 ro N 13179, QQ v r- d V. 0 22 _M 023 M 100 04 ' 087 00 189.03 25 215.76 316 ~ (wi t 13183' 100 CITY OF WHEAT RIDGE 90086576 S 1/4 CORNER i X39-a~ ~ 30 25 921361034~ CITY OF i-D WHEATRIDGE 01 91007650 I 47 ao I I ~ O 001 co E M M V ' i U I -A M M, 122 M c AP N L I 002 ST HWY. x - I 1043-553 c o I ADKINS SUB. 1 co DI, !-C 195'---- Q~ t 5' 1314- 496 TRACT A _ JEFFCO JC N M a _ 140' 300 615 N N N 8 W U. W 7 CD a 0 0 0 U) GGr 30' -A 401. 6 TR a . 145.46' • M 0 ti I - TEXACO 19 P co MINOR N 006 n SU B w Q N a0' 166 00 85 -ST wY 1913 ~5 314 056 O - 055 • 135. 5 235 ST HWY 9 . 1183- 132 65 0 057 5T HWY 1183-130 158 to 058 O 235• 0 a 178.43' 5.00• ,n 90086581 C ITY 93' UNITED 3 p J ~ O 401 ~ 15 METHODIST 0 U. 44s w 7 Q~ 150 L CHURCH ® 278 54 o 0 50 - 'o 21 Lo C6 275 0 150' MINOR c 276 " 4 N Q 6 M o 283 V) N M 0 SUB JEFFERSON COU ~ 279 HouO . AUTHORITY RnnR J N 290 M W LJ 0 co O_ 196.00 _150 +t~, P I VACATION 92C 393 50 NOTICE OF PUBLIC HEARING ke Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on December 4, 2002, at 30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29th Avenue, Whet 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. TUP-02-05 (continued from October 24, 2002): An application filed by Trugreen Landcare for approval of a one=year Temporary Structure Permit to allow an office trailer on property zoned Commercial-Two (C-2) and located at 8935 West 44th Avenue. Case No. WA-02-12: An application filed by Christopher Murray for approval of a 3'9" fence height variance to the 6' maximum height allowed resulting in a 9'9" high fence on property zoned Residential-One B (R-1B) and located at 3739 Chase Street. Case No. WA-02-14: An application filed by Burger King for approval of a 6 foot setback variance from the required 10 foot setback for a freestanding sign, resulting in a 4 foot setback AND a request for a 2 foot setback variance from the required 5 foot setback for a second freestanding sign resulting in a 3 foot setback AND a request for a 9 foot sign height variance from the maximum allowable 15 foot sign height resulting in a 24 foot high sign for property zoned Commercial One (C-1) and located at 3800 Wadsworth Boulevard. Case No. WA-02-15: An application filed by James & Jeremy Frisk for Longshots Bar & Grill for approval of a complete waiver of Section 26-502 (Landscape Requirements) and a variance of 10 parking spaces from the required 61 spaces resulting in 51 parking spaces on property zoned Commercial-One (C-1) and located at 4400 Ward Road. Case No. WA-02-16: An application filed by Colin Wells for approval of a 10 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 20 foot front yard setback for property zoned Residential-Two (R-2) and located at 6670 W. 30'h Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: November 14, 2002 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Travis Crane, Case Manager FROM: Alan White, Executive Director qW RE: Case No. WA 02-14, Burger King DATE: December 3, 2002 At the Urban Renewal Authority meeting on December 2, 2002, the Authority reviewed the variance requests for Burger King at 38`h and Wadsworth and found the requests to have a negligible impact on the urban renewal plan and the area. s i _"up \ ~4 EXISTING SITE PLAN KrNL 1` ~ bb' IAN 6iiiiig mll a~ g s~ {~3 6 AREA SUMMARY ♦erN. wo YV. spl D!•. ro>ra xJ aeea LO1N~ w. O." Dr. M.tlf nhV MAW Wila~ 4Dr. aTa aesl ~rxa vw Dr. 2►DR HULLPING SUMMARY rwaem uesD>.ee ww IsT,uwwrt wwL ~Ia OA4 D0. R. DUYDIM~Iil~iff2=V• YONIM Oi/Gd1114i-Ol~pDflYGT PCCIlNIP'MW~. M f.ONHAJGTlR1 TT'6 V~1 P~~A~IyR~K14 ai1MMARY iYUw~ Y V~.IV FM.Mf ~ 1~Y 3M~ ~I~. pT/~./µs,w PAW" &~w ~u~'fie~sw 'r nw~m~~ sa N. M.r 1MIw~ .Y~re qr N1M ~OIAY Y!~ VICINITY MAP , W, . Q u 4 0 o~ IDT mj Wf-ST 3B/7! A kFAIME draw. WA*V 11 7T 7 PROPOSED SITE PLAN wow WLI'• WV• O I! DO womem" b mll pia q z . SP-1 - a~~..~.... ~.~.~,o nom. ,..~M»., _,w,.~~ w~ M. ~..,...:e s _ ~,.a,~, u.. ~ ~t - .fit 2 ~z 3a ' ~ 3 1 - i~~ e ~ f ~ ~ +„.f ~ o s ao 40 ~ 1 G✓ tl~ i ( 1~ . ~ pA, sc~,~: ~ ~ = zo' ' ~ } _ a, ) f wrM~" ! ~ i3 ~ ~ ~ y LE ,~►~/1/,~' I ,Ppi ~ r '.%t ~ 4... ~ h^.. _ _ _ _ s _ _ _ . _ EIECTRICAI UNE a, A ~ ~ ~ ~ le GAS UNE ~ r~ ~ ~ ~ ~ 1 3' f i t,~ ~ t .k _ SMtFTAHY SEINER UNE t 4 ~ { a y ~~J t _ . STORM SEWER LINE ~ ~ 1 ~ r~ ` , r1 ~i Rte! ~1 FA ems"! 4. t.* ~ i 1 ~ x~X ~ ; _ TELEPHONE LINE I t~, r a, y - ~ _ _ _ _ - WATER UNE ~ i ~ ~y , ~ ~ ~ ~ b } vu ~ ~ r' f " ;a f'~ ~ ~ ~ ~ CONTOUR UNE ~ ~A; . ~ ~ ~ ~ r ~ ._K.. s~_ _ FENCE UNE I ~ ~ , h _ ~P s ~ ~LLARD ~ 1 ;h~ i ~ v~~ ~ ~ Cl..E/W4U'T ~ R F y M 1r ~ ~jy E^ _ ~ ~ ~ i r ~ h r~ ' ; LIGHT POLE ~ ~ t { ~ 9 x. ^`~y , , MIWHOLE P ! ~ a f ~ ~ n. f~.'i W'1J 1~1~({ ~ V1~ i ~ ~ ~ i f~ ~ ' "~y r o r ~ ~ V ~ 1 t q ~i IAQNIITOR WELL ~0 NU#ABER OF PARKING STALLS ~ ,i'lC s ~ a,~' m SIGN ~ • ,q 4; ~ . °rc.~ ~ + - ~ ~ 1 STREET LIGHT ~ 1 ! f WHEAT K"A( r~ WHEAT C~ TRAFFlC I.fGNT ~ ~ w. ~ ~_~~.__~,a IYla s V\AB IW~ lti.W/!kAAI ~P~A. ~Ai TELEPHONE PEDESTAL ~ a WATER METER w WATER VALVE _ I SPOT ELEVATION _ i Q Y f ;:«``"-~-TOP OF CURB ELEYATtON ~ 't~ ' ``"--FLOW LINE ELEVATION ~ L~ 't-~ OEC1DUOt1S TREE Q -1 •~'`"'~-DIMAETER OF TRUNK ~a' EVERGREEN TREE ~`'"~--DIMIETER OF TRUNK ~ ~ O I - e y . 1 ~ - 9 4 _ 1 f _ `-ice _ ~_y~ . ~ CJ k~..M. . q.,; ti_. C`a V C7~ Ci V CT .a 'C) a, fT? i' L_) i. U) ~7 6 z..d t:. ^i 1639 SOUTH LEE STREET LAKEWOOD, COLORADO 80232 C4y1 (Y') Syb M DESKAM BY: M M 11 s ~sY 08/12/02 e ,~.ate ~r ~ ~ ~ ~ ~ , , _ . 1 DRAWN M R 4 l 7 e-A SAM CHECK VY-. CNIS "i J) a CO m2O 1 Cj) v T!~F-D-y q ' w SIGs V" THIS AGREEMENT, date between MELROSE W. DAVIS41 KEITH D. DAVIS, AND KENTaO "Owner" and INDUSTRIAL ;LANI ,..y ereinafter referred t8"fw RATION, a Florida corporat ."Lessee" p . a+ WHEREAS,-the'Owner located in the fitof;WheF a' of Colorado, more particula hereto and incorporated her L•'~ Lessor of the property.' esc .,Vq Owner and Lescor.datedtSept was recorded November.:-17,.1 Official Records of,the COu -Amendment of. Lease >recorded Page 552 of.the official~ed Jefferson County, Colorad; WHEREAS, - Lessor''M of the premises more parties attached hereto and incorpo3 dated May 21, 1981,.for-'a-ti five (5) year options to ret other covenants and conditIc 'iY <+'< WHEREAS, Lessee has'q granting of an easement for for purchaser's purposes ove described on Exhibit,"A"; an WHEREAS, the Parties 'he easement for the erects r5' s ah , X51 , . y N i 8s ,ropert'yion and State "A" attached the'Prime e;between um of which lit 'Y Lease . with Your.(4) .various the on required by Lessee. an,.,,,4insenance,.~~.qf Lessee's signage as - er , NOW, NOW, THEREFORE, in consideration'-"of' onsideration of One Dollar ($1.00) in Q hand paid by each of the parties hereto.to theother and of other ti good and valuable consideration, receipt whereof is hereby acknowledged and of the covenantshereafter,set.forth, the parties o hereto covenant and agree as follows ~ 1. The Owner and Lessor hereb- co successors and assigns, the".right and easemennttt eLessee, its - maintain signage, sufficierif^for`Lessee's . u and across a portion of property"`~ownedb OwnerandsleasedetoaLessor which property is described herein,.on.Exhibit "B". 2. The Lessee shall maintain the easement in good condition and repair for the full term of this easement as long as Lessee utilizes said easement for signage. _ This easement is also ingress, egress andutilitiesnecessary nindorfor der pforosaid signage to be operational in accordance with Lessee's plans and specifications as may hereinafter.be modified by Lessee. 4. The duration of said easement shall conform-of the Lease Agreement between Lessor and Lessee together with any extensions thereon. ECT:pmk #3324 116182 ,7( .,Ig&C- JAN 2 1 s:?fivh'~9y4M i ~ a, 820 IN WITNESS WHE EOF, a 0imer had'hereunta set its and seal as the da an/d~ yr first abov written 4'(CNESSES: ~t~tt VJ uvcrutr ' ~u 00 re aw a , 041T0 ~ ie 1 . ona a e- .0 - 00 e - y ~a an ava IN WITNESS WHEREOF,+ the~Lessor ha t and seal as , g eun o set its hand the day andfgear- irat above„written. WITNESSES: n _ INS ST AL' AND NC. % e cod.+-~I~ Att Y est IN WITN and seal as ESS WHEREOF, the the day and year. Lessee has hereunto set its hand first above written. WITNESSES: HUROER KINQ CORPORATION a ona rep or e v a , Attest: ' o a. as ata t ecretary : -z- J~' A py~ y FiW 9~V 20041T0 a: STATE OF FLORIDA °"-a ,uti d COUNTY OF DADS ,,,rr ,.rs y,''' 13 PS N• O appeared , the undersigned authority, puiroueAly and who executed the foregoing instrument as r President u yn and Secretary of 4'>F- a corporation, ;an aevera y ac now a ge to an before me that they exscuted~auch`ainatrumant as such President and <•:,:secretary.,res actively, of sa corporat on and that the sea a xe .to;the:=foregoing instrument is the corporate seal of said corporation~~and,thatAt was affixed to said instrument by due and regular corporate''authority, and that said instrument is the free actand deed of acid corporation. WITNESS my hand; n d oflicial~"senl~thie day of, 19~ (SEAL)`3 Y otary u c s. `T +x Ny commission Expires: STATE OF 44U&- > si•"' c a COUNTY OF A o BEFOREM, the undersigned i:- to me well known and known to me._to-M-1-nay-M.-Ts 'escx in and who executed the foregoing-instrument as National Direc or, Real Estate and Assistant Secretary of Burger King Corporation, a Florida corporation, and severally. acknowledged to and before me that they executed such instrument. as such National Director, Real Estate and Assistant Secretary respectively of said'corporation and that the seal affixed to the foregoing instrument in the corporate seal of said corporation, and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the frFQ, act and dead of said corporation. WITNESS m nd and official seal this Cti~, :•'d r.r •~r , 19,f..-. daY ly, o,• my Com asion Expires: ~r Rf' • • NOTARY PUBLIC S1AI['OF M0110A Al IAW& STATE OF 1•, l&.1 cad,) Mx uxnn~aiu~ wn-o r j 6 1954 COUNTY OF e". L.L4ckj IUau.o m-. Hv, YtWtBWAl IE6S BEFORE ME, the un~Aq?reigned, a Notary Public in~and-for subscribed to the foregoing instrument, ~andacknowledged etosme that he executed the same for the purposes and considerations therein expressed. WITNESS y hand. and officW,.seal this clay of 1g C~(SEAL) / •:c,. Notary Public ;r'• ,r My Commission Expires: /7-Y'/a06 STATE OF Qcr-~o^rar~o - 8 2 0 0 1.7 0 - COUNTYOF /9QItC~PI~J t BEFORE (he JJnd ign[[d~ a Nt~pp~~ary ublic irn1 and or said County and Stat n t s dw,personally appeared ~-L/hfhf - 1"' F e- L!l.•••~1 to me known and known to me to be the person(s) whose name(s) Is (are) subscribed to the foregoing instrument, and acknowledged tome that he executed the same for the purposes and considerations therein expressed. ~ WITT,NE~5•myhand and official seal this day of. Q-'f r 190a gP, fi:.:Y•:. is #JJL/ r s^ ay Notary Public My Commission ~Exxpiiircs:p`,J- COUNTY'OF.„,..4µy,„ / N,1- BEFORE ME!Ilie undersigned, a Notary Public in and for said County and State, on this d appeared _ ay personally tome known and known tome to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged tome that he executed the same for the purposes and considerations therein expressed. WITTNESS my hand and official seal this day of (SEAL) STATE OF COUNTY OF 19 Notary Public My Commission Expires: BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared to me known and known to me to be the person(s) whose name(s) is (arel subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. WITTNESS my hand and official seal this day of (SEAL) 19 Notary Public My Commission Expires: , STATE OF COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared to me known and known to me to be the person(s) whose name(s) is f are) subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. WITTNESS my hand and official seal this day of 19 (SEAL] Notary Public My Commission Expires: . EXHIBIT A 8?004TT0 ,hat part of the follovirs described property l5-in6 within' the W 1/2 SW 1/4 SE 1/4 of Section 23, Sexnship 3 South•°arge 69 ...est of the sixth Principal ::eridian, City of Wheatri:Ee, County of .efferson, State of Colorado, being rare particularly described as follows: - 'ceSinninE 30 "set North and 30 feet East of the SvJthlest corner of the SE 1/4 of said Section 23; thence North parallel to the 4:est line of said SE 1/4 1027.65 feet; thence East 627.6 feet; thence South 396.7 .feet; thence Vest 131.56 feet;' thence Ecuth 631.15 feet to a point 30 feet North of the Southiline of said SE 1/C; thence rest rarallel to the South lire of said rE 1/4 496.4 feet to the ;cint of beEi•'•rin5,•except the West 15 feet thereof. i i F 82U041~TQ~ EXHIBIT B" 4e A part of Lots 7 and 8, Block 1, PARK AND SHOP SUBDIVISION, located in the Southeast Quarter of Section 23, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheatridge, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of said Section 23; thence South 89051,41" East,: along the South line of said Section 23, 200.00 feet; thence North 00020100" East, 36.50 feet to a point on the new North Right-of-Way line of West 38th Avenue, said point being the True Point of Beginning; thence North 89051141" West, $long said new North Right-of-Way line of West 38th Avenue, 99.81 feet to a point of curvature, continued thence along said new North Right-of-WAy line of West 38th Avenue on a curve to the right having a central angle of 90011141", a radius of 5.5.00. feet,` and an are distance of 86.58 feet to a point of tangency, said point being situated on the East Right-of-Way line of Wadsworth Boulevard; thence North 00020100" East, along said East Right-of-Way line of Wadsworth Boulevard, 88.?1 feet; thence South 89051141" East, 20.00 feet; thence South 00020'00" West, 108.50 feet; thence South 44045151" East, 21.18 feet; thence South 89051,41" East, 120.00 feet; thence South 00020100" West, 20.00 feet to.the True Point of Beginning. Said parcel of land contains 3,290.51 S.F.~or 0.0755 acres, more or less. Case No.: VA0214 Quarter Section Map N App: Last Name: rchitecturia One Related Cases: App: First N ame: c/o Alan Hauser Case Histor y: Owne r: Last Name: Burger King Corp. Owner: First Nam e: App Addre as: 150 E. 29th St., Ste. 200 Review Body: City, State Z ip: Loveland, CO 80538 App: Pho ne: 970-669-9060 APN: Owner Address: 1639 S. Lee St. 2nd Revie w Body: City/St ate/Zip: Lakewood, CO 80232 2nd Review Date Owner Phone: 720-963-0201 Decision-making Body Project Address: 3800 Appro val/Denial Date: Street Name W adsworth Blvd. City/State, Zip: heat Ridge, CO 80033 - Reso/Ordinance No.: Case Disposition: Project Planner: File Lo cation: Notes: Follow. Up: BURGER . -c Crane ctive George C. Woolley Asset Manager BURGER KING CORPORATION 7746 S. Hudson Ct. Centennial, CO 80122 Tel: (720) 489-5725 Fax: (720) 489-5740 Cell: (303) 478-2357 VM: (800) 669-1800 Box #2284 Email: gwoolley@whoppercorn visit us @ mabkcareers.com Dan Boyle Franchise Construction Manager BURGER KING CORPORATION 1639 S. Lee Street Lakewood, CO 80232 Tel: (720)963-0201 Fax: (720) 963-0203 VM: (800) 669-1800 Box #2650 Email: dboyle@whopper.com n waycv winYa~~y e•: SE23 ariance to sign height & etback... BOA .12/4/02 39-234-04-023 BOA .1214/02 Conditions of Approval: f District: II Date Rec eived: 10131/2002 Pre-App Date: 10110/2002 CITY OF WHEAT RIDGE 11101/02 4.08 PM cdb ARCHITECTURE ONE RECEIPT NO.C014052 AMOUNT FMSD ZONING APPLICATION F 200,00 ZONE FMSD ZONING REINDLIRSEIIE14T 90.00 ZREIM PAYMENT RECEIVED AMOUNT CV 6274 290.00 TOTAL 290,00 TRANSMITTAL LETTER ARCHITECTURE ONE, P.C. 150 E. 29TH STREET, SUITE 200 LOVELAND CO 80538 PHONE: 970-669-9060 FAX: 970-669-9066 PROJECT: fu~Lfi- pts( X90 WK~01`ilA FvVV wgkE Iple; 60 TO: 61-1'T OF WlNWl P120E Pf~rJNwt~ l~~j', ATN:7F-PiV~l Gg-AAf-, WE TRANSM T: ( HEREWITH ( IN ACCORDANCE WITH YOUR REQUEST ( ) UNDER SEPARATE COVER VIA FOR YOUR: ( )APPROVAL ( ) REVIEW AND COMMENT ( USE DATE: (o f ~i1©Z ) DISTRIBUTION TO PARTIES )RECORD ) INFORMATION THE FOLLOWING: ( DRAWINGS ( ) SPECIFICATIONS ( ) CHANGE ORDER SHOP DRAWINGS PRODUCT LITERATURE COPIES DATE DESCRIPTION 't ► I Ir x I~; FFquc note op *,TE ~~jgvr -T I i~lt/S~ COPT of 9 t1 +e"T REMARKS: L/fT 7iii?, fr-okk mpw-)f owpn F'> OF F-F-co)zv l uI *)pmrrr-~i7 -m Yb L27 PAI~ Mflf, of W parr-F 6ibA ~1AU'- oN VJ"9WOF IA Pwo (To *)&A IA~~ wli~. ~ ~eT 'mN y>% a) ?off ill; (`To S? I "'0 WILL In: nnsm@ BYE 41 Y ~ ~OF W HEAT q ~O c u m CO~ORAOO Wheat Ridge Planning and Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: 10 October 2002 Attending Applicant(s): Alan Hauser Dan Boyle Address/Phone: 150 E. 29th Street suite 200 16P9 S. Lee Street Loveland, CO 80538 Lakewood, CO 80232 Attending Staff: Travis Crane, Alan White, Steve Nguyen, Mike Garcia, Dave Menter, Dave Brossman Address or Specific Site Location: 3800 Wadsworth, Boulevard Existing Zoning: C-1 (Commercial-One) Existing Comp. Plan: CC - Community Commercial Center Applicant/Owner Preliminary Proposal: Demo existing Burger King and redevelop site using the `standard' Burger King design, layout and color scheme. The applicants would prefer to push the building closer to 38th and closer to Wadsworth; if possible. The building will be constructed of concrete block with a stucco finish. The applicants would like to move the exiting sign from the Wadsworth right-of-way onto the subject property. The sign on 38th Avenue will be reconfigured to comply with, the current sign code. The applicants would like to have an illuminated red panel band that accentuates the roofline. Will a neighborhood meeting need to be held prior to application submittal? No Planning comments: This process will not require a rezoning, Therefore, the review will be administrat subdivision plat or special use permit. which any cross-access or as part of the initial a building both 38"'-avenue and WadsWoF Boulevard per the Streetscape Manual "build-to" line. Wadsworth Boulevard has a 25 foot build-to line, and 38th Avenue has a 15 foot build-to line. It will be acc!Rtable to have a 30 foot build-to line on Wadsworth and a 22 foot build-to line on 38 Avenue. A minimum 10 foot landscaped buffer is required between the right-of-way and the drive through on both Wadsworth and 38th Avenue. Monument signage is encouraged. The freestanding sign that currently exists in the Wadsworth Boulevard right-of-way needs to be moved to a landscaped area on the property. When the current sign is moved, a variance for both sign height and sign setback must be processed. You must submit an application and a public hearing will be re uired in 1 of the Board of AdiustmentAlf a Como ete aoD ica ion is receive v November 6. 2 to the City upon he red i maximum Public Works comments: The eastern access may be problematic for motorists traveling south. If the building is moved further west and south, the trash enclosure can be moved further to the east. The drive through lane can then be relocated further to the west thereby eliminating this problem. It would be desirable to have a strong pedestrian connection at Wadsworth Boulevard onto the site. There is a small portion of sidewalk located at 38th Avenue and Wadsworth that lies on the subject property. This areashould be conve ed to t it with a warrantee deed via a full riaht-of-wav dedicatio here is a sign easement that current and proposed conditions, complete with release points and flows. A grading and erosion control plan will be required with the initial submittal. Building comments: None Streetscape / Architectural Design comments: Since the building and site improvements are in excess of 50% of the assessed valuation of the existing building, Streetscape improvements will be required. 38th Avenue is a designated streetscape area, and a design has been implemented on 38th Avenue form Sheridan to Harlan. You will be required to construct a 5' tree lawn between the walk and the curb along 38th Avenue. This will include a 6" splash apron. Street trees will be required every 35-40', and pedestrian lamps will be required every 70-80'. A pedestrian bench and trash receptacle will be required - a design for both will be Drovided to vou. A 36" Black Windsor fence with 43" brick columns everv 50' will be 84 Occupancy. Other comments: of Wadsworth and 38th be signed prior to It would be beneficial to contact the Water District, Fire District, Sanitation District and Xcel Energy as part of this submittal. The applicant must contact the Health Department as part of this submittal. The applicant will be responsible for referring the building plans to the Fire District. Your next course of action, should you choose to pursue this application; is to ap ly for a building permit with the Cit . is permit app ication should include five sets of architectural an construction drawings. A site plan should be included in each set that details the building footprint, landscaping and parking areas. If you have any further questions, you may contact the Planning Department at 303.235.2846. ARCHITECTS/PLANNERS, P.C. ONE October 28, 2002 Mr. Travis Crane, Planner City of Wheat Ridge, Planning Dept. 7500 West 29t^ Avenue Wheat Ridge, CO 80215 RE: Request for Signage Variance Burger King Restaurant - 3800 Wadsworth Blvd., Wheat Ridge, CO Dear Travis Accompanying this letter, please find an application and all required submittal materials for a signage variance in conjunction with the proposed development of the Burger King Restaurant referenced above. As you will recall, this project was discussed at a Pre-application Meeting on October 10, 2002. The existing Burger King Restaurant and associated sitework (as depicted on the enclosed survey) will be demolished and a new Burger King Restaurant with an interior playground (as depicted on the enclosed site plan) will be constructed. In conjunction with this proposed development, the disposition of two existing pole signs must be addressed by means of a request for variance. The existing pole sign on the Wadsworth Blvd. street frontage is shown as Sign Elevation "A" (attached). The purpose of this variance is to request approval to relocate this existing pole sign twelve feet (12'-0") to the east of its current location. The existing pole sign on the 38`h Avenue street frontage is shown as Sign Elevation "B" (attached). This pole sign will be removed and not relocated. A smaller ground mounted monument sign will be located along the 38th Avenue street frontage as indicated on the Site Plan. The elevation of this new sign is provided as Sign Elevation "C" (attached). These two existing pole signs have been on this site since the original construction of the existing Burger King restaurant in the late 1970's. All proposed roof signs and wall signs in conjunction with the new Burger King restaurant will meet the requirements of Section 26-709 and are not included in this Request for Variance. I hope this information is responsive to your needs at this time. Should you need any additional materials to process this application, please contact me at your convenience. It is my understanding that this variance request will be scheduled for a hearing to be held on Friday, December 6, 2002. Sincerely, #a Alan Hauser, Architect Architecture One, P.C. xc: Dan Boyle, BK Corp. 150 EAST 29TH STREET PALMER GARDENS, SUITE 200 LOVELAND, COLORADO 80538 970/669-906(' FACSIMILE 970/669-906 Profile EXISTING POLE SIGN @) AADSAORTH BOULEVARD REPLACE EXI5TIN6 SIGN FACES WITH NEW LOGO FACE5 PYLON 516N 516N ELEVATION 'A' SGALM: I/4" = 1'-O° Elevation '-4' Profile EXISTING POLE SIGN @ BSth AVENUE TO BE REMOVED ?AND REPLACED WITH MONUMENT SIGN PYLON SI&N 516N ELEVATION 'S' SGALM: 1/4" = 11-O" Elevation Elevation PROPOSED MONUMENT 51GN (D 38th AVENUE TOP LO&O SIGN ELL /ATION 'G' SCALE: I/2" = I'-O'• Profile