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HomeMy WebLinkAbout8-25-161. „ �I City of Wheat R:idge BOARD OF ADJUSTMENT Minutes of Meeting August 25, 2016 CALL MEETING TO ORDER The meeting was called to order by Chair KUNTZ at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Alternates Present: Board Members Absent: 3. 4. 5. Staff Members Present: PLEDGE OF ALLEGIANCE PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING Sally Banghart Janet Bell David Kuntz Betty Jo Page Rocco Germano Michael Griffeth Larry Richmond Thomas Abbott Dan Bradford Lily Griego Paul Hovland Lauren Mikulak, Senior Planner Zack Wallace, Planning Technician Tammy Odean, Recording Secretary A. Case No. WA -16-13: An application filed by OUTFRONT Media for approval of an 18 -foot (56%) variance to the maximum height of 32 -feet for a billboard resulting in a 50 -foot tall billboard on property in the B-2 zone district located at 8105 W. 48`h Avenue. Board of Adjustment Minutes August 25, 2016 The case was presented by Zack Wallace. He entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. He stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. He reviewed the digital presentation. Mr. Wallace explained that the property is located along 48`h Avenue, just south of I- 70 with Carr Street to the West. There is some grade change from the highway to the property where the billboard sits, which measures approximately 4-6 feet, but it does not impact the visibility of the billboard. This billboard meets all the required standards and the only item the applicant wants to change is the height from 32 feet to 50 feet. Mr. Wallace stated that staff does not support this variance and showed videos from the exit lane and center lane of I-70 to demonstrate that the sign is visible. Wheat Ridge's billboard height maximum is relatively restrictive, but at previous meetings this year City Council indicated they were not interested in looking at any policy changes regarding billboard height at this time. Board Member PAGE asked what other surrounding community's maximum height is for their billboards. Mr. Wallace and Ms. Mikulak stated they did not have that information on hand and that information is really only looked at when a code amendment is being looked at. Board Member BANGHART asked if Wheat Ridge gets any revenue from the billboard companies. Ms. Mikulak explained that the billboard company and the property owner have a lease agreement and the property owner is the sole recipient of revenues. Board Member BANGHART asked if the topography had changed since the billboard had been put up. She also asked if the sound wall was installed before or after the billboard was installed. Mr. Wallace stated the topography had not changed and the sound wall was installed after the billboard, but staff is unsure of the date. Board Member BANGHART also asked how far the billboard is from another freestanding sign in the area (the pet sign). Mr. Wallace explained he was not positive, but maybe a couple hundred feet. The pet sign is on either the property adjacent to the billboard property or a couple properties down. Board Member Bell wanted to confirm that the advertisement on the billboard is not for the function of the property it sits on. Mr. Wallace stated the billboard can be advertisement for off premise businesses and is currently functioning in that manner. Board of Adjustment Minutes August 25, 2016 2 Board Member GERMANO asked if the variance request had been less than 50%, if it would make a difference in staff's recommendation. Mr. Wallace stated it would not have changed staff's recommendation because the billboard is visible. Ms. Mikulak added that the 50% threshold is a designation on how the application will be processed: either administratively or by the Board of Adjustment. The request does not meet the variance review criteria no matter if it were above or below the 50% threshold. Board Member GRIFFITH asked how many 50 -foot signs are in use Mr. Wallace explained he is not sure on the total number, but is aware of quite a number of businesses with the i/4 mile threshold that take advantage of the 50 -foot height limit allowed for freestanding signs. Board Member GRIFFITH asked Mr. Wallace to clarify his use of the term "intended audience" when describing the visibility of the billboard. Mr. Wallace explained that he meant that the billboard is visible to the intended audience because it is oriented toward I-70 and is visible to those traveling in the through lanes. Nicole Haibach, OUTFRONT Media 8933 E. Union Ave., Greenwood Village 80111 Ms. Haibach explained that OUTFRONT Media's billboards have been in the Wheat Ridge area since 1971 and they are hoping to raise the height on most of the inventory due to visibility blockages after the billboards were installed which devalued the locations. The company's financial obligations to the property owner were in place before the sound wall went up and blocked the view of the billboard. The business decision to install a billboard at this location was made based on the billboard having a clear and unobstructed view. Ms. Haibach stated that if the billboard were to be raised then they can charge more and increase their financial viability and give incrementally more money to the land owner. Chair KUNTZ asked when the sound wall was built. Ms. Haibach stated the land owner said around 1986; the lease for the billboard was signed before then and the leases are amended as time goes on. The lease would have been structured differently had the sound wall been constructed before the billboard was installed. Board Member BELL feels the sound wall frames the billboard and makes it easier to see. Board Member BANGHART asked if there had been any problems renting the billboard. Board of Adjustment Minutes August 25, 2016 3 Ms. Haibach said that the revenue history states the billboard has been sold regularly. Board Member BANGHART then asked why OUTFRONT Media waited so long from the time the sound wall was built to ask for a variance. Ms. Haibach stated prior managers had put paperwork together but never moved forward. The variance is now being revisited and requested. Board Member GRIFFETH asked if OUTFRONT Media has been in front of any other boards in Wheat Ridge before. Ms. Haibach stated the Wheat Ridge archives show that they have been in front of the Board of Adjustment 10 times, but under different entity names. Ms. Mikulak reminded the Board that each variance stands alone regardless of history. Previous dispositions, for or against a variance request, shouldn't dictate what happens in this case. Chair KUNTZ stated that it appears that OUTFRONT Media is going down their billboard inventory and attempting to raise all the heights. Board Member BELL feels that City Council was intentional in setting the height limit of billboards in the City because there are other views, such as the mountains. Also, she tends to support staff because the billboard is not advertising the business on the land below it. Board Member RICHMOND reiterated that City Council doesn't want to see billboards above 32 feet and the Board should respect that. He commented that he drove I-70 and thought the billboard was visible. He also feels a higher billboard would block local business signs. Board Member BANGHART had two concerns: one, the heights of other signs 50 feet which seems unfair, and second, she was concerned about the timing of the variance request. If the sound wall was built after the billboard was installed, but the sound wall was installed 30 years ago, it seems like too long to make the argument now that the wall blocks the billboard. Chair KUNTZ stated the billboard is functioning as it is intended to function and the property owner is getting the revenue. Upon a motion by Board Member PAGE and second by Board Member BELL, the following motion was stated: WHEREAS, application Case No. WA -16-13 was not eligible for administrative review; and Board of Adjustment Minutes August 25, 2016 4 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 not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing and City of Wheat Ridge NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -16- 13 be, and hereby is DENIED. TYPE OF VARIANCE: Request for approval of an 18 -foot variance to the maximum height of 32 -feet for a billboard resulting in a 50 -foot tall billboard. FOR THE FOLLOWING REASONS: 1. The property would continue to yield a reasonable return in use without the variance. 2. The variance would alter the essential character of the locality. 3. The particular surrounding topography does not render the billboard invisible. 4. The billboard is currently visible from Interstate 70, at the City's maximum allowed billboard height. Staff reminded the board that a "yes" vote would support denial of the variance and a "no" vote would support approval of the variance. Motion Passed by a vote of 4-3 with Board Members Banghart, Richmond and Griffeth voting against. 6. CLOSE PUBLIC HEARING Chair KUNTZ closed the public hearing. 7. OLD BUSINESS The Board talked about having a joint session with Planning Commission and maybe the City Attorney. Ms. Mikulak explained usually the City Attorney will do some required training. Board Member GRIFFETH stated that training was done last year and he thought it would be good to have a study session with the City Manager to get some awareness about what is going on in the city. Ms. Mikulak said it can be taken under advisement and perhaps there could be a type of study or training session. Board Member RICHMOND stated it would be nice to have a manual of procedures for the Board. Ms. Mikulak stated there are Bylaws that are to be followed and we could also hand out copies of Robert's Rules of Order which can help everyone feel more confident on how to run a good meeting. Board of Adjustment Minutes August 25, 2016 5 S. 9. NEW BUSINESS A. Approval of Minutes — July 28, 2016 It was moved by Board Member GRIFFITH and seconded by Board Member BELL to approve the minutes as written. The motion passed 4-0-3 with Members BANGHART, KUNTZ AND GERMANO abstaining. ADJOURNMENT Chair KUNTZ adjourned the meeting at 7:56 p.m. David Kuntz, Chair Tammy Odea�ec�®rding Secretary Board of Adjustment Minutes August 25, 2016 6