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HomeMy WebLinkAbout03/25/2004 ORIGiNAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting March 25, 2004 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howard James Molnar 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 March 25,2004. 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 No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. W A-04-01: An application filed by Cheryl Wise for Copper Fields Events Chateau for approval of a 10- foot setback variance from the required 10- foot setback for a freestanding sign, resulting in a 0- foot setback for property zoned Commercial-One and Industrial and located at 490 I Marshall Street. The case was presented by Meredith Reckert. She advised the Board there was jurisdiction to hear the case. She entered all pertinent documents into the records and reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. - I - Board of Adjustment 03/25/04 Board Member BELL asked if there were any known plans to widen Marshall Street in the future. Ms. Reckert replied that staff is not aware of any such plans. Board Member ABBOTT asked for clarification as to whether staff was suggesting the existing sign and banner be removed at the time of building permit or completion of the new sign. Ms. Reckert replied that staff would prefer removal at the time of completion of the new sign. In response to a question from Board Member HOVLAND, Ms. Reckert stated that there is an excessive amount of right-of-way for Marshall in this area. In reply to a question from Board Member ECHELMEYER, Ms. Reckert explained that the existing Gart Brothers billboard on the property does not count toward the applicant's sign allotment. Board Member BELL asked about the visual impact of a lighted sign in the proposed location. Ms. Reckert deferred that question to the sign representative. Cheryl Wise 195 Dover Street, Lakewood Ms. Dover, the applicant, was sworn in by Chair BLAIR. John Hamilton 4490 Raleigh Street, Denver Mr. Hamilton, the sign consultant, was sworn in by Chair BLAIR. Ms. Wise explained that her need for a variance results from the fact that customers have difficulty in finding the entrance to the events center because of the placement of the existing sign and the darkness of the street. Many times, customers will drive past the entrance and then make a u-turn on the curve of Marshall to go back to the entrance which causes serious traffic hazards. She also stated that she has had contact with the Colorado Department of Transportation who assured her that there are no plans to widen Marshall and, if that were ever to happen, she stated she would bear the burden of relocating the sign. Mr. Hamilton stated that most properties come to the edge of the road. In this case, the property line is 35 feet from the road due to the excessive right-of-way, making the existing sign extremely difficult to see. He entered into the record a photograph depicting the location of the proposed sign if a variance is granted and the new sign could be placed closer to the road. Copies were given to each Board member. He stated his belief that the reason for the excessive amount of right- of- way was that Marshall Street was at one time the main connection between Arvada and Denver. This is no longer the case. Board of Adjustment 03/25/04 -2- In response to a question from Board Member HOWARD, Mr. Hamilton stated that the proposed sign would have fluorescent lighting. Board Member ABBOTT asked if any line-of-sight studies had been done. Ms. Wise replied that no studies have been done, however, drivers don't see the present sign because they are keeping their eyes on the curve of Marshall. Board Member MOLNAR asked the applicant if she had contacted the utility company about placing a street light to provide more illumination. Ms. Wise replied that she had done so, and the existing street light was installed. BoardMember BELL stated she had no problem with the proposed location of the sign due to the configuration of the land; however, she would like assurance that the sign would be moved back in the event that Marshall is ever widened. Ms. Wise agreed that she would move the sign if Marshall were ever widened. In response to a question from Board Member DRDA, Ms. Reckert replied that there are no sight triangle issues with the proposed location of the sign. There were no individuals present to address this case. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-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 ofYariance: 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. Board of Adjustment 03/25/04 - 3 - 1. The location ofthe 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 aud hardship on the property. For the following reasons: 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 of 35 feet from the pavement of Highway 72, with the variance, the visual setback perceived will be 35 feet from the roadway. 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 condition: 1. 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. The motion passed 7-1 with Board Member HOWARD voting no. Chair BLAIR advised the applicant that her request for variance was granted. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. Board of Adjustment 03/25/04 -4- 7. NEW BUSINESS A. Introductions Meredith Reckert welcomed Janet Bell (District III) and James Molnar (District IY) as new members of the Board of Adjustment. Ms. Reckert also introduced JeffHirt, the city's new planning technician. B. New Review Process Chart At the request of Board Member DRDA, Ms. Reckert reviewed recent changes made to the review process. C. Non-oDerative Yehicle Ordinance Staff will provide copies of the recently adopted ordinance regarding non- operative vehicles to Board Members. D. Board of Adiustment Bvlaws Board Member DRDA noted that the bylaws presently require Board Members to report a planned absence to the Board Chair rather than staff and suggested that this be changed. Ms. Reckert stated that it is planned to review the bylaws in their entirety in the near future. C. ADDroval of Minutes of December 3. 2003 It was moved by Board Member HOWARD and seconded by Board Member HOYLAND to approve the minutes of December 3, 2003. The motion passed with Board Members ECHELMEYER, BELL and MOLNAR abstaining. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member DRDA to adjourn the meeting at 8:45 p.m. The motion passed unanimously. , " Robert Blair, CHAIR Board of Adjustment 03/25/04 - 5 -