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HomeMy WebLinkAbout02/27/1997 W H E A T R I D G E B O A R D O F A D J U S T M E N T MlivurnS OF MEETING February 27, 1997 • 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOVLAND at 7:35 P.M. on February 27, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado_ ROLL CALL: MEMBERS PRESENT: Tom Abbott Paul Hovland Bob Howard Linda Mauro Robert Walker MEMBERS ABSENT: Bill Echelmeyer Susan Junker Karen Thiessen STAFF PRESENT: Sean McCartney, Planner Susan Ellis, Code Enforcement Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public. Hearing of February 2T, 1997. A set of these minutes is retained both in-the office of the City Clerk and in the-Department of Planning and Development of the City of Wheat Ridge. • • WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: February 27, 1997 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member WALKER, seconded by Board Member MAURO, to approve the order of the agenda as printed. Motion carried 5-0. 3. PIIBLIC FORUM (This is the time for-anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Casa nTn_ wn-97-1: Anfapplication by Mile High Outdoor Advertising for approval of an ii' billboard height variance to the maximum 32° billboard height requirement to-allow an existing billboard. The property is zoned Planned Industrial Development ahd located at 11941-B W. I-70 .- Frontage Road North. • Sean McCartney presented the staff report.- All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member HOWARD asked if the setback was McCartney replied-he does not know, however in the Light Industrial zone the requirement Heights of other billboards were discussed. assumed this billboard was 32 feet in height it's original site on W. 44th Avenue. known, and Mr. Eor a structure ,is 50 feet. Mr. McCartney when it was at Chris Melcher-,_attorney for Mile Hi Outdoor Systems, was sworn in. He went over the history of the case. The sign was constructed in April 1996 and during construction the contractor hit a higher water table--.(around 10-12 feet) than thought. They sunk a concrete caisson to stop the .flooding and because of that, the sign ended up too high (41.7'). The new owner did not realize this when he purchased the billboard. The extra height serv_es_no purpose or value, but the question is what to do about it now. .. _. • • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1997 Page 3 Mr. Melcher continued with and discussed the previous billboard, emphasizing the problem. Mr. Melcher belie there someday in which the land will be leveled.- further background on and present ownership current owner did_not wes there will be dev~ ponds will be drained the sign of the create the ~lopment- and_the Mr. Melcher went through the criteria stating the property owner will suffer, and he feels there are unique circumstances due to the. ponds and the high water table. The sign will not harm the character of the locality because it is just a strip of undeveloped land right now. A hardship will be placed on the new owner with the exorbitant cost to lower the sign and/or tear it down. He feels variances will not have to be-granted to-other billboards because of the uniqueness and to keep in mind the sign is perfectly in compliance except for the height. The hardship again will be on the nzw owner and to tear down the sign will be of no benefit to the City or the neighborhood. - • Steve Richards General Manager of Mile Hi Outdoor Advertising, 9745 E. Hampden Boulevard, Denver, was sworn in. He said Mile Hi is exclusively a Denver company. This is one of 35 billboards they own, and luckily the only problem they have ran in to. The sign is really not any more valuable at 41 feet, however, the cost to lower the, billboard will be extremely expensive. The company owns two billboards in Wheat Ridge and one is in the B-1 zone and _ - will be removed. Chairman HOVLAND feels the. excuse of the unforeseen high water table is not real valid since the area ,is in between . two ponds. Mr. Melcher understood the contractor sand the sides of the ponds are bermed and are supposed to be packed firmly down to a depth of 20-25 feet. These berms are not, therefore_the water seeped in higher than expected. Board Member WALKER said his concern-is if the structure is not . deep enough into the ground due to wet soil and gravel, he would be more worried about the billboard eventually going down. Two photos of the__billboard across the street .were entered • WHEAT RIDGE HOARD OF ADJ[TSTMENT MINUTES OF MEEZ`ING: February 27, 1997 Page 4 into record labeled °Exhibit A'. Mr. Melcher said they are willing to explore any alternative solutions. Discussion followed about raising the level of the ground. Mr. McCartney informed the board the billboard and planter in the photos are illegal and the planter was not issued a building permit. There is code enforcement action pending on this case, however, he reminded the Board this should not have any bearing on this case. Mr. Melcher thought perhaps -- this could be a solution. Chairman HOVLAND wanted to know if building up a berm is a legal and viable solution, and Mr. McCartney said staff would not see that as a viable alternative because of the UBC's definition of finished grade. Ms. Ellis talked on the problem of contractors, etc. building up berms to meet their own needs. Board Member ABBOTT stated codes cannot cover any and every • situation created by humans, however, the most successful way to deal with these questions is look at the intent of the code,- and to look at what the writers were trying to_ say. Board Member MAURO asked if these ponds are gravel pits and if so, how stable is this to build up the berm. Mr. Melcher assured the members that the pole is 12' in the ground with several tons of concrete holding it in place, so he feels it is extremely safe. Mr. McCartney read the disclosure statement on the building permit and talked on the intent_of that statement, and review that a permit goes through. Discussion followed regarding HAGL, and Mr. Melcher disagreed with the term, saying HAGL is not a name of a part of a billboard, it is an acronym meaning `height above ground level'_. Board Member HOWARD wanted to know how much the billboard weighs, and Mr. Richards replied he does not know. Discussion followed regarding the cost of reducing the • billboard. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1997 Page 5 It was noted the sign is off-set,. and Mr. Richards believes the reason was to make it fit totally on the owner's property. No further questions were asked. Motion was-made by Board Member ABBOT, that Case No. WA-97-1, an application by Mile Hi .Outdoor Advertising, be _.. DENIED for-the following reasons: 1. Lowering the billboard 9'7" will not make it less visible and will still yield a reasonable return in - service. The cost involved in lowering the billboard is self imposed. 2. Unique circumstances we're not persuasively demonstrated. 3. A 32' billboard could be easily seen without hindrance. -- Lowering the billboard is an inconvenience rather than a hardship. While unfortunate there will be significant • costs to lowering the billboard, it is possible and the effects created as the result should not be shouldered by the citizens or by variance to the City's ordinance,- 4. It is the-opinion of the Board the new owners accepted their own hardship by purchasing the billboard while a Height issue was pending in Wheat Ridge Municipal Court. The owner would not have created the hardship had he researched public information before acquisition. Motion was seconded by Board Member HOWARD.--Motion carried 5-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BVSINESS A. Update on Study session. No date will be set until after any new appointments. B._ After brief discussion it was decided to keep the meeting starting time at 7:30 p.m., unless case load suggested earlier. • • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1997 Page 6 7. NEW BUSINESS A. Approval of Minutest Motion was made by Board Member WALKER, seconded by Board Member MAURO, to approve the minutes of January 27, 1997, as printed-. 8. ADJOURNMENT Motion was made by Board Member WALKER, seconded by Board -- Member MAURO, to adjourn. Meeting adjourned at 9:10 p.m. Mary`Lo hapla, Secretary • Date. approved: •