Board of Adjustment

BOARD OF ADJUSTMENT Regular Meeting DATE: February 19, 2025 TIME: 5:00 p.m. PLACE: City Council Chambers, City Hall PRESENT: Breza, Buege, Murphy, Sanchez, Slavey ABSENT: Conway, Krofchalk Chairman Sanchez called the meeting to order at 5:00 p.m. The minutes from the Board’s January 15, 2025, meeting were approved by Aaron Slavey and second by Tim Breza. All were in favor of approving the minutes. Chairman Sanchez opened the public hearing and read the petition: Petition No. 25-4-V, Halifax Corporation – Hans Kuhlmann Halifax Development – Hans Kuhlmann – Unified Development Code Sections: 43.05.14(2)(a)(ii) which prohibits off-premises signs 200’ from residential districts and 43.05.14(A)(2)(b), which requires one display to each facing or maximum face size of 250sq.ft. per display. Applicant is proposing a standalone ground sign that will serve both 1537 and 1545 Gilmore Avenue and feature signage for both properties. Property is described as B-2 zoning, SECT-28 TWP-107 RANGE-007 LIMITS PAR IN W1/2 NW1/4 EX: PARCEL 11.5 AC or located at 1537 Gilmore Avenue and R-1 zoning, SECT-28 TWP-107 RANGE-007 LIMITS EX: SCHALLER & KOCHTA 1 AC IN N 1/2 NW 1/4 IN N 1/2 NW ¼ or located at 1545 Gilmore Avenue. Hans Kuhlman, 3405 East Eastman Ave, Denver CO, 80210 addressed the Board. Mr. Kuhlman said the application from the site plan shows there will be two commercial properties that will be located on two residential properties that have been rezoned. Mr. Kuhlman said the two residential buildings will be relocated and there will be a development for a restaurant and the other not known yet. Mr. Kuhlman said the city allows two pylon signs and they would like BOARD OF ADJUSTMENT MINUTES February 19, 2025 PAGE 2 to have one pylon sign and make it a shared sign agreed between the two businesses and located far away from the residential areas. Aaron Slavey asked for clarity in asking what size a sign can be according to city code and it was stated that it could be 250’ square feet per display and the applicant is asking for 91’ square feet in size per display. Mr. Slavey commented that the request was for a smaller sized sign. Chairman Sanchez asked if the property was the same property that was rezoned. Luke Sims, Senior City Planner, mentioned the sign would be located at 1537 Gilmore Ave which is zoned B-2, but the westerly side was zoned R-1 to Mixed Use. Chairman Sanchez asked if the lots would be combined, and Mr. Sims said the lots would be separate but have shared access. The Board went through the variance finding questions as considered by Staff. 1) Are the variances in harmony with the purpose and intent of the ordinance? The intent of the ordinances in question is to limit the number of off- premises signs and sizes, thereby limiting the general impact of signage to overwhelm surrounding areas. The proposed signage will consolidate what would be two standalone signs into one sign serving two properties, thereby limiting the amount of additional signage in the area. The Board agreed yes, zoned properly and right next to commercial properties. 2) Are the variances consistent with the Comprehensive Plan? The variance does not affect the land use as dictated in the Comprehensive Plan. The Comprehensive Plan’s future Land Use map designates this property as Commercial Mixed Use, which will not be affected by the variance. The Board agreed yes, zoning. 3) Does the proposal put property to use in a reasonable manner? BOARD OF ADJUSTMENT MINUTES February 19, 2025 PAGE 3 The B-2 Community Business District allows for general commercial activity and associated signage. In this instance, the proposed signage will be located as far as possible from the nearby residential properties to the west and by consolidating signage will limit additional signage impact on the surrounding area. The Board agreed yes, better job utilizing the space. 4) Are there unique circumstances to the property not created by the landowner? This property is a commercial re-use that could accommodate signage on both properties, but this variance will facilitate the collocation of signage on one property, thereby creating a context-sensitive solution or the residential property nearby to the west. The Board agreed yes, residential properties next door and they are moving the sign as far as they can to the commercial properties and keeping it away from residential areas. 5) Will the variance, if granted, retain the essential character of the locality? The surrounding area features a range of residential, commercial, and office uses. The proposed signage is the furthest east location on Gilmore Avenue. The Board agreed, yes proper zoning. 6) Are there other considerations for the variances request besides economics? If the findings of questions 3-5 are affirmative this criterion is satisfied. Jim Murphy made a motion to approve the variance request and adopt the findings as approved by Staff and it was seconded by Aaron Slavey. The request was unanimously approved. The petitioner was informed that there was a 10-day appeal period during which time no action can be taken on the petition. Adjournment There being no further business to come before the Board, Tim Breza made a made a motion to adjourn, and it was seconded by Aaron Slavey. The meeting was adjourned at 5:10 pm. BOARD OF ADJUSTMENT MINUTES February 19, 2025 PAGE 4 _______________________________ Chad Sommer, Secretary