Planning commission denies Orchard Town Center request for larger flagpole and flag

The Westminster Planning Commission voted 3-2 Tuesday to recommend denial of a sign variance requested by Orchard Town Center that would have allowed a 40-foot flagpole and a 96-square-foot flag at 14697 Delaware Street.

Commissioners heard a staff presentation saying the request did not meet two of six criteria required for a variance under the Westminster Municipal Code. "Staff recommends that the planning commission hold a public hearing and deny the requested sign variance," Planner Reb Batesal told commissioners during the staff presentation.

The variance sought exceptions to the municipal sign code, which treats flags as incidental signs and limits flagpoles on commercially zoned properties to 35 feet and flag area to 60 square feet. Batesal said staff concluded there were no special circumstances on the property that would restrict the sign's effectiveness and that approving the variance would weaken the purpose of the sign regulations by setting a precedent for further numerical exceptions.

Mark (last name not specified), general manager at Orchard Town Center, said the flagpole is part of a corporate initiative for Class A properties and argued topography and surrounding building heights justify the extra height and larger flag. "We spent a lot of time determining the right size of flagpole for this project because of that topography change," he said, describing the site as in a slight bowl and noting a 30-foot elevation change north of the intersection where the pole would be sited.

Commissioners pressed the applicant on why a 35-foot pole with a 60-square-foot flag would not suffice. "It would set a precedent for other applications to say special conditions exist," Planner Batesal said in response to commissioners' questions about weakening the sign code.

After deliberation, Commissioner Kinnear moved to recommend denial, a motion seconded by Commissioner Pegg. In the roll call, Commissioners Pegg, Kinnear and Dunn voted to deny; Vice Chair Carpenter and Commissioner Mayo voted no on the motion. The motion to recommend denial passed 3 to 2.

The commission's recommendation goes to Westminster City Council; staff and the applicant were advised of the next steps. The applicant was present and thanked commissioners for their time following the vote.