HomeMy WebLinkAbout11/12/2015 - Zoning Board Of Appeals - Agenda - Regular MeetingMichael Bello, Chair
Heidi Shuff, Vice Chair
Daphne Bear
Bob Long
John McCoy
Ralph Shields
Butch Stockover
Council Liaison: Bob Overbeck
Staff Liaison: Noah Beals
LOCATION:
City Council Chambers
300 LaPorte Avenue
Fort Collins, CO 80521
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make
special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
NOVEMBER 12, 2015
8:30 AM
• CALL TO ORDER and ROLL CALL
• CITIZEN PARTICIPATION (Items Not on the Agenda)
• APPROVAL OF MINUTES FROM PREVIOUS MEETING
• APPEALS FOR VARIANCE TO THE LAND USE CODE
1. APPEAL ZBA150041
Address: 4630 Snow Mesa Drive
Petitioner: DaVinci Sign Systems
Owner: UCHealth System
Zoning District: HC-Harmony Corridor District
Code Section: 3.8.7(G)(6)
Project Description
The variance would allow two double-sided ground signs parallel with Snow Mesa Drive; the
maximum is one ground sign.
2. APPEAL ZBA150042
Address: 1041 Woodward Way
Petitioner: DaVinci Sign Systems
Owner: Woodward Inc.
Zoning District: CCR-Community Commercial Poudre River District
Code Section: 3.8.7(G)(6)
Project Description:
The variance request is for one additional ground sign along S. Lemay Avene and six directional
round signs within the parking lot that are greater than 4 sq.ft.
ZONING BOARD OF APPEALS
AGENDA
Zoning Board of Appeals Page 2 November 12, 2015
3. APPEAL ZBA150043
Address: 3404 E Harmony Road
Petitioner: Schlosser Signs
Owners: Hewlett Packard
Zoning District: HC-Harmony Corridor District
Code Section: 3.8.7(G)(6)
Project Description:
The variance request will allow a second ground sign along the E. Harmony Road street frontage.
4. APPEAL ZBA150044
Address: 251 Osiander Street
Petitioner/Owners: Kyle & Abigail Morgan
Zoning District: CCN-Community Commercial North College District
Code Section: 3.5.2(E)(3)
Project Description:
The variance would allow an alley accessed garage/carriage house to continue to be built upon a
foundation that was installed 1 foot into the required 8 foot rear yard setback.
5. APPEAL ZBA150045
Address: 324 E Oak Street
Petitioner/Owner: Rob Kittle, RK Holdings
Zoning District: NCB-Neighborhood Conservation, Buffer District
Code Section: 4.9(D)(3); 4.9(D)(6)(d); 4.9E(2)(a)(1); and 4.9(E)(2)(b)(1)
Project Description:
This is an extension request. In April of 2015 the Zoning Board of Appeals granted 4 variances:
1) A 2nd story addition on an accessory building resulting in 1,225 total sq.ft. 2) encroachment of
6 feet into a required 7 feet side yard setback 3) 2 story accessory building with habitable space
4) accessory building with habitable space with an eave height of 22 feet, where 13 feet eave height
is allowed. The applicant has not applied for the building permits within in 6 months of the approval
and therefore is requesting an extension.
6. APPEAL ZBA150046
Address: 4107 Mill Run Court
Petitioner: Kevin Dewlen
Owners: Samuel Bachar and Jill Hanck
Zoning District: RL-Low Density Residential District
Code Section: 4.4(D)(2)(d)
Project Description:
The variance request would allow a new attached garage to be built 2 feet into the required 15 feet
side-yard setback.
7. APPEAL ZBA150047
Address: 4424 Denrose Court
Petitioner: Seth Weiland, Husch Blackwell
Owner: McDonalds, Archland Property
Zoning District: CG-General Commercial District
Code Section: 3.8.7(A)(3)(c)
Zoning Board of Appeals Page 3 November 12, 2015
Project Description:
The variance will extend the seven-year period of time in which a nonconforming sign on the property
annexed into the City limits has to be brought into compliance with the City's regulations. Specifically,
the McDonalds' freestanding sign was required to be brought into compliance by December 20, 2012
(7 years from the date of annexation). A previous variance was granted in May of 2012 extending the
compliance date by an additional 3 years. The variance request would extend the compliance date
for another 3 years; until December 20, 2018.
• OTHER BUSINESS
• ADJOURNMENT
Agenda Item 1
Item # 1 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150041
PROJECT DESCRIPTION
Address: 4360 Snow Mesa Drive
Petitioner: Sabrina Steele, DaVinci Sign Systems
Owner: UCHealth Emergency Room
Zoning District: HC
Code Section: 3.8.7(G)(6)
Variance Request:
The variance would allow two double-sided ground signs parallel with Snow Mesa Drive; the maximum is one
ground sign.
RECOMMENDATION:
Staff recommends approval to allow two double-sided ground signs parallel with Snow Mesa Drive.
STAFF COMMENTS:
1. Background:
This Freestanding Emergency Department (FRED) was approved earlier this year. It is a part of the Poudre
Valley Health Systems/UCHealth south campus. The building has recently acquired a Temporary
Certificate of Occupancy.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval of the additional parallel with Snow Mesa Drive and
finds that:
• The variances are not detrimental to the public good.
• The two grounds signs parallel with Snow Mesa Drive are to direct emergency traffic to the
correct entrance.
• The two signs are a substantial distance from the public right-of-way and are intended to
be seen by the traffic on the private drive.
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA150041.
City of Fort Collins
Zoning Board of Appeals
October 131
h, 2015
RE: Variance request -UC Health Emergency Room at 4360 Snow Mesa, Fort Collins CO 80550
DaVinci Sign Systems, Inc. has been retained by UC Health to request a variance for the following:
l. Request (2) new wayfinding monument noted in Design 15-528Rl that will be located on
Southeast corner of property. Two monument signs labeled (3 A I B Location and 4 A I B
Location) would like to be installed on the same Rd south of the hospital. Both of these signs
will be double faced and will be parallel to Snow Mesa. Sign 3 on page 1 of the rendering will be
4'x9'8". Sign 4 on page 2 will be 4'x6'8". Sign labeled 2 on corner of Snow Mesa is N/A.
We respectfully request to have two additional monument sign (labeled 3 and 4) on one street frontage
and waiver of 3.8.7 Paragraph G. The code as written does not allow for the necessary identification
and wayfinding for "Emergency" facilities. These signs are directional and will be parallel to Snow Mesa
for traffic to see where to turn coming down both sides of the street. There main purposes are vital to
the public safety to know where to turn in entering the hospital. Adding (2) monuments signs will
improve the publics ability to arrive at the hospital without potential detriment to other traffic and
pedestrians.
Sabrina Steele
Sign Consultant
DaVinci Sign Systems, Inc.
Agenda Item 2
Item # 2 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150042
PROJECT DESCRIPTION
Address: 1041 Woodward Way
Petitioner: Mike Long, DaVinci Sign Systems
Owner: Woodward Inc.
Zoning District: CCR-Community Commercial Poudre River District
Code Section: 3.8.7(G)(6)
Variance Request:
The variance request is for one additional ground sign along N. Lemay Avenue and six directional ground signs
within the parking lot that are greater than 4 sf.
RECOMMENDATION:
Staff recommends approval of the request of the additional ground sign along N. Lemay Avenue and six
additional directional ground signs within the parking lot that are greater than 4 sf.
STAFF COMMENTS:
1. Background:
The Woodward Technology Center development plan was approximately 67 acres. This plan was approved
last year. Two buildings are currently under construction. The development included three main access
points, one along Lincoln Avenue and two along S. Lemay Avenue. The entrances along N. Lemay Avenue
are approximately 900 feet apart. On the east side of the property are four large parking fields and a private
drive named Woodward Way.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval of the additional ground sign along N. Lemay Avenue
and the six additional directional ground signs within the parking lot that are greater than 4 sf. and finds that:
• The variances are not detrimental to the public good.
• The two grounds signs on N. Lemay are a substantial distance apart, not creating a clutter of
signage along the street frontage.
• The six additional grounds within the parking lot are internal to the site and will be minimally viewed
from the public right-of-way because the perimeter of the property will be heavily landscaped with
trees and shrubs.
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA150042.
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the art and science of identification
4496 Bents Dr.
Windsor, CO 80550
www.daVincisJgn.com
Ft. Collins: (970) 203-9292
FaX: (970) 203-9293
Denver (303) 573-7446
Greeley (970) 353-8446
.Job Name:
Address:
1041 WOODWARD DRIVE
FORT COLLINS CO
Designer: CASEYEASTON
Sales: MIKELONG
Scale: Noted
Date: 10.16.1 5
Revisions:
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Customer A_,p"_p_" rova _ _ I_: ____ _
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Agenda Item 3
Item # 3 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150043
PROJECT DESCRIPTION
Address: 3390 E. Harmony Road
Petitioner: Tim Schlosser, Schlosser Signs, Inc.
Owner: Hewlett Packard
Zoning District: HC
Code Section: 3.8.7(G)(6)
Variance Request:
The variance request will allow a second ground sign along the E. Harmony Road street frontage.
RECOMMENDATION:
Staff recommends approval of the variance to allow a second ground sign along the E. Harmony Road street
frontage.
STAFF COMMENTS:
1. Background:
The Hewlett Packard campus was originally development as one property. In year 2000 it was replatted to
create two lots to accommodate a portion of the building being sold to another company. The driveway
entrances of E Harmony were a part of the original development.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval of the additional ground sign along E. Harmony Road
and finds that:
• The variances are not detrimental to the public good.
• The two grounds signs on E Harmony Rd. are a substantial distance apart, not creating a clutter of
signage along the street frontage.
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA150043.
Application Request
for Variance from the Land Use Code
The Zoning Board of Appeals has been granted the authority to approve variances from the requirements of
Articles 3 and 4 of the Land Use Code. The Zoning Board of Appeals shall not authorize any use in a zoning district
other than those uses which are specifically permitted in the zoning district. The Board may grant variances where it
finds that the modification of the standard would not be detrimental to the public good. Additionally, the variance
request must meet at least one of the following justification reasons:
(1) by reason of exceptional physical conditions or other extraordinary and exceptional situations unique to the
property, including, but not limited to physical conditions such as exceptional narrowness, shallowness, or
topography, the strict application of the code requirements would result in unusual and exceptional practical
difficulties or undue hardship upon the occupant/applicant of the property, provided that such difficulties or
hardship are not caused by an act or omission of the occupant/applicant (i.e. not self-imposed);
(2) the proposal will promote the general purpose of the standard for which the variance is requested equally
well or better than would a proposal which complies with the standard for which the variance is requested;
(3) the proposal will not diverge from the Land Use Code standards except in a nominal, inconsequential way
when considered in the context of the neighborhood.
This application is only for a variance to the Land Use Code. Building Code requirements will be determined
and reviewed by the Building Department separately. When a building or sign permit is required for any
work for which a variance has been granted, the permit must be obtained within 6 months of the date that
the variance was granted.
However, for good cause shown by the applicant, the Zoning Board of Appeals may consider a one-time 6 month
extension if reasonable and necessary under the facts and circumstances of the case. An extension request must
be submitted before 6 months from the date that the variance was granted has lapsed.
Petitioner or Petitioner’s Representative must be present at the meeting
Location: 300 LaPorte Ave, Council Chambers, Fort Collins, CO 80524
Date: Second Thursday of the month Time: 8:30 a.m.
Variance Address Petitioner’s Name,
if not the Owner
City Fort Collins, CO Petitioner’s Relationship
to the Owner is
Zip Code Petitioner’s Address
Owner’s Name Petitioner’s Phone #
Code Section(s) Petitioner’s Email
Zoning District Additional
Representative’s Name
Justification(s) Representative’s Address
Justification(s) Representative’s Phone #
Justification(s) Representative’s Email
Reasoning
Date ___________________________________ Signature __________________________________________
Agenda Item 5
Item # 5 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150045
PROJECT DESCRIPTION
Address: 324 E. Oak Street
Petitioner/Owner: Rob Kittle, RK Holdings
Zoning District: NCB-Neighborhood Conservation Buffer District
Code Section: 4.9(D)(3); 4.9(D)(6)(d); 4.9E(2)(a)(1); and 4.9(E)(2)(b)(1)
Variance Request:
This is an extension request. In April of 2015, the Zoning Board of Appeals granted 4 variances:
1) A second story addition on an accessory building resulting in 1,225 total sq. ft.
2) Encroachment of 6 feet into a required 7 feet side yard setback.
3) Two story accessory building with habitable space.
4) Accessory building with habitable space with eave height of 22 feet; where 13 feet eave height is allowed.
The applicant has not applied for the building permits within in 6 months of the approval and therefore is
requesting an extension.
RECOMMENDATION:
Staff recommends approval of the extension request for all four variances requested:
• The first variance to allow a second story addition to be built on an accessory building with habitable
space resulting in 1,225 total square feet. The code restricts accessory buildings with habitable space to
600 square feet.
• The second variance to allow an accessory building with habitable space to encroach 6 feet into the
required 7 feet side yard setback. The existing building is 1 foot from the west property line.
• The third variance to allow an accessory building with habitable space to be 2 stories. The code allows
accessory buildings with habitable space to be a maximum of 1.5 stories.
• The fourth variance to allow an accessory building with habitable space to have an eave height along a
side property line of 22 feet in height. The code restricts the eave height of an accessory building with
habitable space to 13 feet along any side property line.
STAFF COMMENTS:
1. Background:
An applicant has 6 months, from the date the variance is granted, to obtain the required building permit.
Within that 6 month period the applicant can request an extension, for an additional 6 months, to obtain the
required building permit. The Zoning Board of Appeals can grant the extension request if they find that the
applicant has shown good cause for the extension.
This request is based on the site plan and elevations that were provided during the original approval of the
variance on April 9th, 2015.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(K), staff recommends approval of the extension request for the original four variances
Agenda Item 5
Item # 5 - Page 2
finding that the applicant has shown good cause in the delay in getting the permits and the request is
reasonable under the circumstance of the case.
4. Recommendation:
Staff recommends approval of Appeal # ZBA150045.
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Agenda Item 6
Item # 6 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150046
PROJECT DESCRIPTION
Address: 4107 Mill Run Court
Petitioner: Kevin Dewlen
Owner: Samuel Bachar and Jill Hanck
Zoning District: RL
Code Section: 4.4(D)(2)(d)
Variance Request:
The variance request would allow a new attached garage to be built 2 feet into the required 15 feet side-yard
setback.
RECOMMENDATION:
Staff recommends approval of the variance request to allow a new attached garage to be built 2 feet into the
required 15 feet side-yard setback.
STAFF COMMENTS:
1. Background:
The property is a part of the Golden Meadows Second subdivision. This subdivision was approved in 1979.
The lot is the corner lot of a cul-de-sac on the corner of Mill Run Court and Ticonderoga Drive. However,
the lot shape is neither the traditional pie slice or rectangle shaped lot, resulting in the house being built at
an angle from the side property line. The original construction of the house included the driveway location
towards the south end of the property.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval to allow the new attached garage to be built 2 feet into
the required 15 feet side-yard setback and finds that:
• The variance is not detrimental to the public good.
• The shape of the lot is unique.
• A new driveway would be required to place the new addition in a location that would comply,
resulting in excessive amount of vehicle use area in the front yard.
Therefore, by reason of exceptional physical conditions unique to the property a strict application of the
standard would result in an undue hardship upon the applicant.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA150046.
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Agenda Item 7
Item # 7 - Page 1
STAFF REPORT November 12, 2015
STAFF
Noah Beals, Senior City Planner/Zoning
PROJECT
APPEAL # ZBA150047
PROJECT DESCRIPTION
Address: 4424 Denrose Court
Petitioner: Seth Weiland, Husch Blackwell
Owner: McDonald’s
Zoning District: CG
Code Section: 3.8.7(A)(3)(c)
Variance Request:
The variance will extend the seven year period of time in which a nonconforming sign on the property annexed
into the City limits has to be brought into compliance with the City’s regulations. Specifically, the McDonalds'
freestanding sign was required to be brought into compliance by December 20, 2012 (7 years from the date of
annexation). A previous variance was granted in May of 2012 extending the compliance date by an additional
3 years. This variance request would extend the compliance date for another 3 years; until December 20, 2018.
RECOMMENDATION:
Staff recommends approval of the variance request to extend the compliance date for another 3 years; until
December 20, 2018.
STAFF COMMENTS:
1. Background:
The sign code requires that all existing nonconforming signs located on property annexed into the City must
be removed or brought into compliance with the current provisions of the code no later than 7 years after the
date of such annexation. The McDonalds Restaurant property is part of the Interchange Business Park
development that was annexed on December 20, 2005. Therefore, before the variance was approved in
2012, the sign had to be removed or made compliant by December 20, 2012.
The development is located at the southeast corner of I-25 and East Mulberry, and is the only portion of
the intersection or area along East Mulberry that has been annexed. Other businesses at the intersection
and along Mulberry have similar sized signs at similar heights, but those businesses are still in the County.
McDonalds is proposing that their sign be allowed to remain for another 3 years, believing that this would
then maintain, for a relatively brief period of time, a level playing field with their competitors and other
businesses that they now enjoy. The soonest the other nearby signs in the County would need to be
brought into compliance would be 10 years (3 years from the date of the creation of an enclave plus the
7 year compliance period). This time period would assume that an enclave is created immediately.
However, since there’s no way to know for certain when the enclave will be created, the 10 years could be
considerably longer.
Additionally, the request is based on the lack of change in the area in the past 3 years. An enclave was not
created nor was there any new development in the City.
2. Applicant’s statement of justification: See petitioner’s letter.
3. Staff Conclusion and Findings:
Under Section 2.10.2(H), Staff recommends approval of the variance to allow a 60 foot tall, 176 sf. per side
freestanding sign to remain for another three years and finds that:
Agenda Item 7
Item # 7 - Page 2
• The granting of the variance would not be detrimental to the public good since there are numerous
signs of the approximate same height and size in close proximity to the McDonalds sign, and those
signs will remain long after the McDonalds sign is modified in 3 years.
• The neighborhood around the McDonalds Restaurant is predominately commercial, and the majority
of those commercial uses have signs that don’t comply with the City’s regulations. But since they
are in the County, those signs are likely to remain for many years, certainly for many years past the
3 year extension being requested.
• Removal of the McDonalds sign will have no immediate impact on the visual character of the area
since many of the other nearby signs are of the same height and size, some taller and larger.
• An extension of only 3 years, is reasonable and prevents consequences with regard to equitable
treatment of future uses and buildings in the area within the immediate future.
Therefore, the variance request will not diverge from the standard but in a nominal, inconsequential way,
when considered in the context of the neighborhood, and will continue to advance the purpose of the Land
Use Code contained in Section 1.2.2.
4. Recommendation:
Staff recommends approval of APPEAL # ZBA150047.
DEN-76620-4
WRITTEN STATEMENT
This is an application for a three-year renewal of a three-year variance the City of Fort Collins
(the “City”) approved in 2012. Pursuant to Section 2.10.2 of the Fort Collins Land Use Code (the
“Code”), Archland Property I, LLC (“Applicant”) is submitting this written statement in
connection with its application for a variance from the provisions of Section 3.8.7(A)(3)(c) of the
Code requiring, “all existing nonconforming signs located on property annexed to the city shall
be removed or made to conform to the provisions of this Article no later than seven (7) years
after the effective date of such annexation.”
Background:
Applicant owns the real property having an address of 4424 Denrose Court, Fort Collins, CO
80524 (the “Property”).
The Property is located at the southeast corner of I-25 and Mulberry Street and is part of the
Interchange Business Park Second Annexation (the “Business Park”) which was annexed by the
City effective December 20, 2005. The Property is zoned General Commercial.
The Property is the site of a franchisee-owned McDonald’s restaurant, and contains an
approximately 60 foot tall 2-sided freestanding sign, with faces of approximately 176 square feet
per side (the “Sign”) located in the northwest corner of the Property. The Sign was built in
conformance with the conditions of Permit - #01-SN0008 issued by Larimer County (the
“County”) on November 26, 2001.
DEN-76620-4
2
Per the Code’s sign regulations contained in Section 3.8.7(G)(2), freestanding signs, like the
Sign, may only have a maximum height of 18 feet above grade and faces that do not exceed 90
square feet per side. On May 10, 2012, the City granted Applicant a variance permitting the Sign
to remain, as is, until December 20, 2015 because the Sign only diverged from the Code in a
nominal, inconsequential way when considered in the context of the Property's neighborhood
(the “2012 Variance”).
Request for a Variance:
Applicant hereby requests a variance from Section 3.8.7(A)(3)(c) of the Code to extend its use of
the non-conforming Sign for an additional three (3) years, to December 20, 2018. The conditions
at the time the City granted the 2012 Variance have not materially changed. Further, the City’s
Code provisions regarding approval of variances have not changed since the City granted the
2012 Variance.
Just as in 2012, the neighboring commercial properties along the Mulberry Street commercial
corridor and the other three corners of the I-25/Mulberry Street interchange are located within
the County and have not been annexed to the City. As such, Applicant’s neighbors and
competitors will be able to maintain freestanding signs pursuant to the Larimer County Land Use
Code that are taller and have larger faces than those allowed within the City for at least seven (7)
more years (upon annexation to the City, a neighbor or competitor would have seven (7) years to
cause its sign to be in compliance under the Code). The differences between the City’s sign
regulations and the County’s regulations put the Applicant, a City business, at a competitive
disadvantage to the neighboring County businesses. Approving this request for a variance would
enable Applicant to continue to maintain equal footing, on a short-term basis, with its neighbors
and competitors along the Mulberry Street commercial corridor for three (3) more years.
Applicant’s Request Meets the Standards for a Variance under the Code:
Applicant’s request satisfies the requirements for granting a variance set forth in Section
2.10.2(H) of the Code because such variance (i) diverges from the standards set forth in the Code
“in a nominal, inconsequential way when considered in the context of the neighborhood,” (ii)
will continue to advance the purposes set forth in Section 1.2.2 of the Code, (iii) is not
“detrimental to the public good,” and (iv) does not authorize “any change in use.”
DEN-76620-4
3
Considering the Variance in the Context of the Neighborhood
The Neighborhood:
The Property is located at the southeast corner of the I-25/Mulberry Street interchange and is
surrounded by commercial properties that form the eastern edge of the Mulberry Street
commercial corridor.
There are numerous freestanding signs along the Mulberry Street commercial corridor near the
Property, including those shown below, which exceed 18 feet in height and some of which also
have faces larger than 90 square feet per side. Hence, when considering that other signs that are
comparable in size to the Sign already exist in the neighborhood, extending Applicant’s deadline
to remove the Sign for three (3) years would merely diverge from the standards of the Code in a
nominal and inconsequential way.
Signs located west of I-25 on south side of Mulberry Street:
DEN-76620-4
4
Signs located east of I-25 on south side of Mulberry Street (directly to the west of the Property):
Sign located east of I-25 on north side of Mulberry Street (directly across the street from the
Property):
Signs located west of I-25 on north side of Mulberry Street:
DEN-76620-4
5
Residential properties lie to the east of the Mulberry Street commercial corridor. We do not
believe the residential properties are a part of our neighborhood. Instead, based on their location
and character, they form a separate and distinct neighborhood. They are located to the east and
beyond the Mulberry Street commercial corridor. They are located so far from the Property that
the Code does not require us to give them notice of our variance application.
Moreover, owners within the residential neighborhood have no reasonable expectation that the
Sign will be taken down and replaced with a smaller sign. As noted above, the residential
neighborhood is so far removed from the Property that we are not required to give the owners
notice of our application. The Sign has been on the Property for thirteen (13) years. It was
erected when the Property was in the County and was built in conformance with the County’s
regulations. The other signs in the County portion of the Mulberry Street commercial corridor
that exceed the County's current sign dimension regulations have been there for years as well and
will not be removed or replaced any time soon due to the County grandfathering-in these signs.
In any event, even if one were to consider the residential neighborhood to be part of our
neighborhood, the divergence from standards and impact of the variance should be deemed
nominal. The replacement of the Sign will not have a significant impact on the views from the
residential properties given the number of other large signs in the Mulberry Street commercial
DEN-76620-4
6
corridor. It is not as if the replacement of the Sign will create a view free of large signs -- our
Sign is just one of many. As such, the replacement of the Sign will not have a significant
positive impact on the use, enjoyment or value of the homes. Furthermore, the variance is not
perpetual. It is for a relatively short period of time – three (3) years.
Advances the Purpose of the Code
This variance would satisfy the purposes set forth in Section 1.2.2 of the Code by:
(i) fostering a more rational pattern of relationship among residential, business and
industrial uses for the mutual benefit of all; and
(ii) being sensitive to the character of existing neighborhoods.
First, as referenced above, the other three corners of the I-25/Mulberry Street interchange are in
the County. As a result many properties possess taller and larger freestanding signs than are
allowed in the City. Granting the variance fosters a more rational relationship among the
businesses in the Mulberry Street commercial corridor by allowing the Property to temporarily
remain on equal footing with the neighboring County commercial properties. Second, the
variance is sensitive to the character of existing neighborhoods because the Sign is comparable in
size with other existing signs along the Mulberry Street commercial corridor. By limiting the
duration of the variance, Applicant is balancing the requirements of the Code with the
competitive disadvantage Applicant, a City business, will suffer merely because its Property was
annexed into the City prior to the properties of its neighbors and competitors located within the
County.
The Variance Benefits the Public
Allowing the Sign to stand for the requested extended compliance period would benefit the
public by supporting employment and increased sales taxes to the City for three (3) more years.
McDonalds Corporation’s studies show that up to 61% of sales for McDonald’s restaurants are
impulse purchases and, as a result, lowering the height of a freestanding McDonald’s sign will
cause a direct decline in sales for the restaurant. Applicant anticipates a drop between
approximately 11% and 15% in sales upon lowering the Sign because the Sign provides critical
sight orientation for travelers from I-25 as described below. Such a drop will reduce sales tax
revenues to the City and may result in the loss of some jobs.
DEN-76620-4
7
As shown above, a traveler on I-25 heading northbound would not be able to see a shorter sign as
the sign would be completely blocked by the building located to the southwest of the Property.
Also, as shown above, the Sign clearly helps orient a traveler heading southbound on I-25 to the
restaurant. Without the visual cues provided by the Sign, a traveler is likely to continue to a
different restaurant which may be located outside the City resulting in a loss of tax revenues for
the City. As such, requiring Applicant to remove the Sign is detrimental to the public good by
decreasing sales tax revenues to the City and potentially resulting in a reduction of staffing levels
at the restaurant.
No Change in Use
Applicant is not seeking a change of use with this variance request; rather Applicant wants to
temporarily maintain the status quo and merely extend its deadline for replacing the Sign.
DEN-76620-4
8
Addressing the City’s Concerns From the 2012 Sign Variance Application:
The City raised two major concerns while analyzing Applicant's 2012 Sign variance application.
First, should a parcel within the Business Park, after 2012, become further developed, or be used
differently, in a way that requires a sign or substantially changes the personality of the Business
Park, then it may be unfair for the Property to have a non-conforming sign. Second, should
parcels located on the other three corners of the I-25/Mulberry Street interchange be annexed
into the City, then the Sign would not need a variance because all surrounding commercial
properties would have to abide by the Code's sign regulations.
In response to the City's first major concern, since 2012, no new buildings have been constructed
in the Business Park, and, just as in 2012, the Business Park is zoned as General Commercial,
and, therefore, Business Park parcel owners are only permitted to use the parcels for the same
uses permitted by the Code in 2012. In response to the City's second major concern, no parcels
located on the other three corners of the I-25/Mulberry Street interchange have been annexed
into the City. Should any parcel be annexed into the City in the future, the parcel would still have
at least seven (7) years to cause its sign to comply with the Code; a time period much longer than
the three (3) year variance period Applicant requests now.
Conclusion:
Applicant acknowledges that ultimately it will need to replace the Sign with a conforming sign.
The appropriate time for Applicant to replace the Sign with a conforming sign is when the
Property's neighborhood changes so that the neighborhood's signs currently controlled by the
County's sign regulations are required to conform to the City's sign regulations (likely through
annexation) or similar County sign regulations.
For the foregoing reasons, this variance should be granted.
Sign Plans
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TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO
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Th& artwork;. copyrighted, and the tv«:lusil/8
properly of DaV/ncl Sign Systems. It Is the re1111/t
of tha original worlr of its employees, and;.
submitted to your otganization for the sole
purpose of your conskh!ntlon of whether to
pul'Chase from DaVincl Sign Systems. Distribution
or exhibition of th& arlworlr to anyone other than
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arlworlr to construct a similar sign is strictly
prohibited. In the event your '"!lanization fails to
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$5000 for its original dllsign worlr. At any time
you may pun:hase th& arlworlr for $1000, at which
point you may,,.. it hoWfllf9t' you see fit.
Sales Appr_o_v_a_I_: - ------
x Date:
Production Approval:
x Date:
Design#
15-594R1
SITE PLAN