Planning commission denies Orchard Town Center flagpole height variance, saying code criteria not met

The Westminster Planning Commission voted 5–1 on Jan. 13 to deny a requested height variance for a proposed 40-foot flagpole at Orchard Town Center, concluding the application did not meet required variance criteria in the Westminster Municipal Code.

Senior planning staff (appearing in the record as “Webb Batesville” and later as “Reb Bates”) presented the application for a flagpole proposed within an existing landscaped area at 14697 Delaware St., suite 850. Staff said notices were mailed to 40 property owners and tenants within a 300-foot buffer, seven public-notification signs were posted, and the packet and presentation materials were entered into the record. The applicant requested a 40-foot flagpole with an 8-inch decorative ball and additional detail for a total height of 41 feet 4 inches; staff noted the municipal code treats flags as incidental signs and limits flagpole height to 35 feet in commercial land-use areas.

Staff concluded two of the six variance criteria in section 11-11-13 were not met: (1) the property did not demonstrate a special circumstance or condition that would restrict the effectiveness of the sign, and (2) approval would weaken the purpose of sign regulations and could set precedent for future variances. Staff recommended denial.

Applicant representative Kate Hackman told the commission her team originally requested 50 feet and then reduced the request to 40 feet with a smaller flag; she described the flag as part of a Vastar (property management) national initiative and said the center welcomes "almost 8,000,000 visitors annually." Hackman said the 40-foot pole would be structurally engineered and maintained and that the pole’s placement on a corner would allow the flag to be visible from major approaches while remaining unobtrusive.

Vice chair Carpenter moved to approve the variance, arguing topography and visibility present special circumstances and that the 18.6% deviation was within the commission’s authority. Commissioners Kinnear and Tomachek disagreed, saying the 35-foot limit was sufficient and warning that repeated exceptions would weaken the code and invite further deviations. After the approval motion failed, staff counsel advised the commission to make an express motion to deny and identify which criteria were not met. Commissioner Kinnear then moved to deny the variance (citing criteria 1 and 2); Commissioner Tomachek seconded. A roll call recorded five votes in favor of denial and one opposed (Vice chair Carpenter), and the motion passed 5–1.

Staff clarified that an applicant may instead apply for a code-compliant 35-foot pole with a 60-square-foot flag through the standard permitting process; that configuration would not require variance review. The denial means the specific 40-foot height variance sought by the applicant was not granted.