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Home My WebLink About02/28/1311 o i 0#111111,41% NOME= l l jhlr"T•T ff�mg- 2. ROLL CALL Board Members Present: 0 El No one wished to speak at this time. 1 06 11 1 FI-401#1101 EMEEMM Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I Kim Wa_gg . _2n�jr, Recording SecretaU A. Case No. WA-13-01: An application filed by Boston Market for approval of a 9-foot variance from the maximum 7-foot height limit and a 20 -foot variance from the 30- foot setback requirement, resulting in a 16-foot tall freestanding sign with a 10-foot setback on property zoned Mixed Use-Commercial (MU-C) and located at 3820 Wadsworth Boulevard. INHIiIIIINIMHIII Immm - # Board of Adjustment Minutes February 2 8, 2013 1JIj i Ins i NwAttra SKI a W. ,01 rt , sign, and several alternatives. Having found the application not in compliance with a majority of the review criteria, staff gave a recommendation of denial. Board Member GRIEGO asked how nonconforming signs, such as the tall freestanding Burger King sign, are treated in the code, Ms. Mikulak stated that nonconforming signs are allowed to be kept or modified as long as they do not increase the nonconformity. The sign code does not require nonconforming signs to be removed by a certain date. All newly constructed signs have to meet current standards. Board Member BELL stated she could understand why the applicant wants additional; height for the sign given the presence of other taller signs on Wadsworth. The setback of the building from the street reduces visibility of wall signs especially compared to the visibility of the Burger King sign. Board Member BELL inquired about the height of the retaining wall along the front property line. Ms. Mikulak stated the wall is about 2.5 feet tall. Board Member BELL commented that the height of the wall affects visibility of the existing Boston Market sign. Board Member HOVLAND commented on the addition of the digital cabinet on the Burger King sign. Ms. Mikulak stated that the digital portion is allowed because it does not increase the nonconformity and is within the signs size limits. The allowed area of a sign is based on building size, and Boston Market could also increase the size of their sign and add an LED sign. In response to a question from Board Member WALTER, Ms. Reckert stated that the multitenant sign to the north was constructed in the early 1990s and the inline tenants feet it doesn't provide enough signage. Board Member BELL commented that the sign standards in the mixed use code are based on a future vision for Wadsworth and not on existing conditions. Board of Adjustment Minutes February 28, 2013 Chair ABBOTT commented that the future design • Wadsworth is unknown and the timing of a widening is unknown. Ms. Mikulak agreed these are unknown but stated that funds have been secured for a priority area for the City. I Tosion fflarKct who was in the audience. Mr. Pharo expressed disagreement with the long term view of Wadsworth as a estrian-oriented environment and stated it i ta"Itudw Mr. Pharo described the inequity of a sign code that allows competing restaurants to have much taller signs. The applicant is open to alternative sign designs, but wants a taller sign to be able to compete fairly. He described the recent investment in an interior remodel and Boston Market's commitment to the location in Wheat Ridge. • Tal"GROAD AKIN SM Y - 1y 7IT 1 1 asked the applicant to discuss the alternaiive designs staff had proposed in the report and presentation. Mr. Pharo stated the alternatives do not allow a taller sign, and therefore do not solve the issue • visibility to vehicles. - and clarified that setback is based on the height. He asked if the applicant would consider a 15 foot sign which would eliminate the need for a setback variance. Mr. Pharo Board of Adjustment Minutes February 2 8, 2013 explained the 16-foot request was based • wanting the sign to be taller than the near bus shelter, but the applicant would consider a 15-foot sign as a reasonable solution. I Ms. Mikulak responded to a comment that 30 foot setbacks seem exorbitant. The City typically does not allow signs above 15 feet unless a property is within a 1 /4-mile of the interstate. In that instance a sign may be up to 50 feet tall to be seen by interstate traffic, but a sign from 15 to 50 feet tall requires a 30 foot setback. This site is not within a V4-mile of the interstate, Board Member BELL asked if the street trees could be trimmed or modified. Ms. impact the shape. Chair ABBOTT stated that normally variances run with land in perpetuity but asked if variance could be granted for a specific period of time such that a taller sign would be removed as the corridor started to redevelop. Ms. Reckert responded that conditions ma IIII' be added, but for the sake of enforceability recommended a condition based on the tena instead of based on a period of time. L l MOW included in the motion. 4p1 n a motion by Board Member HOVLAND and second • Board Member BELL, the following resolution was stated: WHEREAS, application Case No. WA-13-01, applicant name Boston Market, location at 3820 Wadsworth Blvd. III 1 1111111 111111 1111111 ir 1111111 �llillilli� I III IIIIIIIIIP11111rIIIIIIII 11111�1 A I to the Board from the decision of Administrative Officer 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. Board of Adjustment Minutes February 28, 2013 NOW, THEREFORE BE IT RESOLVED that the Board of Adjustment application Case No. WA-13-01 Request A be, and hereby is APPROVED. TYPE of VARIANCE: An 8-foot variance from the 7-foot maximum height standard for free standing sign in Mixed Use-Commercial zone district, thereby making a 15-foot maximum height. For the following reasons: 1. 1 1 , 1'adsworth is a vehicular corridor and sight is limited with the existing sign. 2. There are a number of non-conforming signs in the vicinity which block and distract from the lower height of the Boston Market sign. 3. The design is to be as presented. f ) nnation 7 at me approval is granted specifically to the design which was presented by the applicant. Chair ABBOTT confirmed this was true. Chair ABBOTT thanked the applicant for the recent investment made on the interior remodel, but stated that he intended to vote no, based on evidence that a taller sign does not entirely resolve the situation and the fact that alternatives may exist. Board Member GRIEGO stated that she intended to vote no based on there being insufficient evidence supporting the request. She stated for the record that she does not agree with the treatment • nonconforming signs in the sign code. Board Member WALTER stated she intended to vote no because alternative options in exist. I c,olution addresses only part of the problem. Chair ABBOTT called for a vote and advised that a super majority of ► affirmative votes would be required for approval. The motion failed by a vote of 4 to 4 with Board Members ABBOTT, GRIEGO, WALTER, and HEDDON voting no. Ms. Mikulak explained that because the height variance failed, the setback variance is no longer applicable. Chair ABBOTT encouraged the applicant to continue to work with the City and thanked them for having their business in Wheat Ridge. Board of Ad ustment Minutes j February 28, 2013 the Board. The request must be filed in the office of the City Clerk within 30 days and new evidence must be submitted. If • request is submitted, the Board will vote on whether or not to conduct a re-hearing. p 10V SDI 11 lira rubmipt A. Approval of Minutes — May 24, 2012 It was moved by Board Member BELL and seconded by Board Member BANGUART to approve the minutes as written. The motion passed 7-0 with Board Member GRIFFITH abstaining. Paul Griffith was elected to serve as Chair of the Board of Adjustment. Lily Griego was elected to serve as Vice Chair of the Board of Adjustment. C. Resolution Designating a Public Place for Posting of Notices of Public Meeting. It was moved by Board Member GRIEGO and seconded by Board Member HOVLAND to approve Resolution No. 01, Series of 2013 — Designating a Public Place for the Posting of Meeting Notices as required by the Colorado Open Meetings Law. The motion passed 8-0. Board of Adjustment Minutes February 28, 20113 it 77as-Illov OPTENET-C Tand seconded by Board Member GRIEGO to adjourn the meeting. The motion passed 8-0. MEZM=# 119 a`r �.. for a �� 4 4 �/ Tom Abbott, Oair K Waggoner, RWding Secretary Board of Adjustment Minutes February 28, 2013