HomeMy WebLinkAboutRes WA-06-10
CERTIFICATE OF RESOLUTION
ORIGINAL
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 27th day of Julv. 2006.
CASE NO: WA-06-1O
APPLICANT'S NAME: Lewis Candy Company
LOCATION: 6140 West 38th Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-06-10 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 ofthe regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOL YED that Board of Adjustment Application Case No.
W A-06-10 be, and hereby is, APPROVED.
TYPE OF V ARlANCE: A 9-foot setback variance from the required lO-foot setback for a
freestanding sign, resulting in a I-foot setback for property zoned Commercial One.
FOR THE FOLLOWING REASONS:
1. The hardship has not been caused by the applicant. The hardship arises from the original
site design and location of parking spaces. A conforming freestanding sign could not be
located on the property without compromising existing parking spaces. A conforming
freestanding sign would create a traffic hazard.
2. While located one foot from the front property line, the sign will actually be 11 feet from
the edge of the existing asphalt of38th Avenue thereby giving the appearance to
passersby that the 10- foot setback is being met.
Board of Adjustment
Resolution W A-06-10
Page two (2)
3. The applicant will be removing two antiquated nonconforming signs, one of which is a
parking hazard and 22 feet tall and a small sandwich board sign and replacing them with
one consolidated sign. This will be an improvement to the property and the West 38th
Avenue corridor.
4. A ten-foot tall sign in a conforming location would eliminate at least one parking space.
The site does not meet the current parking standards for a retail use and a further
reduction in parking would be a detriment to the site.
5. The request will not be detrimental or injurious to the public welfare, will not impact the
adequate supply of light or air, nor increase congestion in the streets.
6. The sign design has a "retro" appearance and would generally appear to be in keeping
with the city's streetscape design plan and certainly will significantly improve the public
perspective ofthe property.
7. One neighbor spoke in favor of the variance.
8. Staff recommended approval of the variance.
WITH THE FOLLOWING CONDITION:
I. The property shall have only one freestanding sign. Both existing nonconforming signs
shall be removed and replaced with a singular freestanding sign.
VOTE:
YES:
ABBOTT, BELL, BLAIR, HOVLAND, HOWARD
LINKER
None
DRDA
NO:
ABSENT:
DISPOSITION: A request for a 9-foot setback variance from the required lO-foot setback for a
freestanding sign, resulting in a I-foot setback for property zoned Commercial One was
APPROVED.
ADOPTED and made effective this 27th day of Julv. 2006.
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J Bell, Chalf
ard of Adjustment .
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Ann Lazzeri, Secretary. I
Board of Adjustment