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HomeMy WebLinkAboutRes WA-04-01 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 25th day of March. 2004 CASE NO: W A-04-01 APPLICANT'S NAME: Cheryl Wise LOCATION: 4901 Marshall Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. W A-04-01 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. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. W A-04-01 be, and hereby is, APPROVED. TYPE OF VARIANCE: A 10-foot setback variance from the required 10-foot setback for a freestanding sign, resulting in a O-foot setback for property zoned Commercial One and Industrial. FOR THE FOLLOWING REASONS: 1. The location of the structure on the property, the road configuration which is on the outside of a significant curve in two-lane Highway 72, and grade change between the street and the building pad site contribute to unique circumstances and hardship on the property. 2. There is hardship due to the excessive right-of-way for Marshall Street also known as State Highway 72. 3. Signage of code-complying setback causes patrons driving past, particularly at night, to be forced to turn around on Marshall, a basically unlit street, thus creating a traffic hazard. 4. Due to the unusually deep right-of-way of35 feet from the pavement of Highway 72, with the variance, the visual setback perceived will be 35 feet from the roadway. Board of Adjustment Resolution W A04-01 Page two 5. Approval of this request will not affect negatively the public welfare or be injurious to other property or improvements in the neighborhood. It will not impair the supply of light and air, substantially increase congestion in the public streets or increase fire danger. WITH THE FOLLOWING CONDITIONS: I. The existing freestanding sign and banner on the property must be removed at the time of completion of construction of the new sign. . 2. If Marshall Street, also known as State Highway 72, is ever widened, the sign must be moved back to a commensurate setback and this condition placed in the Jefferson County Clerk and Recorder records. VOTE: YES: ABBOTT, BELL, BLAIR, DRDA, ECHELMEYER, HOVLAND, MOLNAR HOWARD NO: DISPOSITION: A request for a 10-foot setback variance from the required 10-foot setback for a freestanding sign, resulting in a O-foot setback for property zoned Commercial One and Industrial was APPROVED. ADOPTED and made effective this 25th day of March. 2004. .;&f~ Robert Blair, Chair Board of Adjustment L~ / L Ann L~eri, Secretary 6~ Board of Adjustment