HomeMy WebLinkAboutWA-93-12The Cify of
Wheat
Ridge
Applicant
Phone tf2{-f `l3Y~f
Owner ~~la S ~ < ~-e'PAddress ~`~-S ~a~~ s"i-, Phone 7~(~{ -(S `(2
Location of request is ~~ ~ GC/~ ~l`"f f~` >~~~, ~~~~~/ ~ ~~
Type o£ action requested (check one or more of the actions listed below
which pertain to your request.)
d Change o£ zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
~] ** See attached procedural guide
for specific requirements.
of request
w n u d~
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification ___
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste land£i11/
mineral extraction permit
^ Other
f
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
0 ~. ~ ~ o ~1 ~ j q s ~~ -r-G- .~o~ ~ y yS 69-c~-~-~- .r-f, Qo~z, ~ ~Y-~S `/~
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this
Signature o£ Applicant
Subscribed. and sworn t me this ~~day of 19 a3
__ _ Notary Public Mi'G~3!'B1iSSIOPLCiCPiRT``S:
d3TY OF" WHEAT RID~3E -
S CSC! W ~`aTl-' AVE. , F'. O. B0X 538
~ WI-TEAT F?IDC:E, ~:OLON:.ADO 8~?s?14 -- -
D -
DATE FRID: AUG O5, iSj3 ~-
RECEIVED FI=:OM: "fHE CAT HOSPITAL OF W. F:. ~
DESk:RIF'TION: VA
AMOUNT - - CHECk[:
CASH:
CHAF,'C;E:
MONEY ORDER:
OF'F: ID: AMW
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
F:I ANC:ES
~Sti.t?C~ i:HECk: NO: iv37
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AMOUNT RECEIVED: ~SCS. C)C)
RECEIPT N0: 557'98
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Recorded at ,_ o'clock - M.,
Reception No.
THIS USED, Made this
between
RObert HllsenrOth
WARRANTY DEED
~Q ~ day ar ~,,,.vk . Iv9,2 ,
of the "
County of JeffersOri . State of Colorado, grantor(s) and
iXtuglas Ikeler and Susette Ikeler, as joint tenants,
"I'ns` Icg;d add!"` is 1625 Larimer Street, Unit 2001
nr u,o City caumy of Denver
State of Colorado, gramecfs):
R'[TNF•,SSE'flf,'fbat the grantor(s), for and in cansideraGnn of TWO HUNDRED EIGHTY FIVE THOUSAND
AND NO/100THS------------------------------------------------ not_LnRS.
the receipt and sulGciency of which is herehyackmnvledged, haS grunted. hargaineJ, sold and conveyed, and by these presents do eS gr:mt.
bargain. sell. ttmvcy.:md canlinn, unto the grantee(s), Ih('lr - heirs and assigns forever, uIl the real properly, together with impmvcmenlx,
if any. situate. lying ;u,d being in the y~'4~IX County of Jefferson . Stain of Colorado.
described as follows:
See Legal Description attached to this Warranty Deed as Exhibit A, and incorpori
herein by reference.
aIs„ km.wn by street and mmibar as: 6409 West 44th Avenue & 6405 W. 44th Avenue, Wheat Ridge,
Colorado, 80033..
'POOP: pf1ER wish all ;n,d singular the heredilunsnls and appurtenances thereto belonging, or in anywise appertaining, and the reversion :u,d
reversions, remainder :wd remainders, rents, issues and pmlifs lhemol', and all the estate, right, title, inlercsl, claim and demand whatsoever of the
grantor(s), either in law nr cyuity, oC in and W the above bargained premises, with the hereditaments and appurtenances.
'fO FIAVF, AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantce(sl. their heirs :n,d
assigns forever. And ,hc gramorQd, for hi[[ISeI f and .fl-'.S hens and personal represen!a!ive=, does caven:mt, gran!. bargain, and
agree to and with the granteclsJ, tl'lelY' heirs and assigns, that at the time of the cnsealing and delivery of these presents, he 1S well
seized of the premises above conveycJ, has goad, sure, per@ct, absolute and indefeasible estate of inheritance, in law, in fee simple, and
ha 5 good right, full power and authority to grant, bargain, sell anJ convey the same in manner and form as aforcsnid, and that the santc arc free
and clear tram :dl former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictinus of whatever kinJ ar nature soever,
C%Ceptreal estate taxes for the current and all succeeding years.
and the aMwc bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns against all and eveq' person ur
persons hnvfully claiming ar m claim the whole ar any part thereof, grantor(s) shall and will WARRANT AND FOREVER UEFENU.
~//I/N(/,~WITNEySS WIIEREOI? the granhrr fs) hhas~execWCd this deed nn the date set forth above.
Rob(=xt H1 52nr0
S'fATli OF COIARAUO
SS.
City and County of ]~nVp~
The foregoing instrument was acknowledged before me in the Ci,Ot,y,, and County of DenVOY ~ ,Stine
of COlOradO - ,this ~ Q~ day of / ~ , , _ „ //./19~' :by•,z L\ C;~....
Robert Hilsenroth. d_""°Y G! l .~ , -::: :_ .; D
.- '.
My commission expires. ~ n . _ ' '•
Witness my' hanJ and afficial seal. ~ ~^~ ;;
Notary Po61ir -] r~.,',
'If in Denver, insert "City an
No. 972. Re1'. I-R4, t51\RRAN'fY UGF.U [For PhMORrapldc Rttnnll »radfmd Publishing. 5375 W. bt6 Av<., lakew„pl. CO 9Q214- [,1a7) 23}G7M1
RECEPTION NO. 92082392
7/09/92 14:15 38.50
RECORDED IN
COiJNTY OF JEFFERSON
STATE OF COLORADO
~I
Z-RI li'~,~ill
1 /
7 ~..
EXHIBIT A TO WARRANTY DEED
PARCEL A:
THAT PART OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW SUBDIVISION,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE
SOUTHWEST CORNER OF THE EAST 1/2 OF SAID BLOCK 8; THENCE
EAST 195.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST
56 FEET; THENCE NORTH 160 FEET; THENCE WEST 56 FEET; THENCE
SOUTH 160 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING RIGHT OF WAY DESCRIBED IN BOOK 46 AT PAGE 464.
PARCEL B:
THE SOUTH 160 FEET OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW
SUBDIVISION,
EXCEPT THE WEST 253.23 FEET THEREOF.
PARCEL C:
THE SOUTH 160 FEET OF THE EAST 2 FEET OF THE WEST 253.23 FEET
OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW SUBDIVISION.
ALL SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO.
1\MISC\D\IXHIBRAt
RECEPTION N0. 92082392
• _.
~~
I ha Pamra r,nnnn. ar md., roan nrnro.zu q
the Cninndv Vaal Isitla Cmm~dainn I7U R~IhPJI
IF TInS FURAI IS USED IN A CONSUPIER CREUIT TRANSACTION, CONSU[.T LF.f:AL COUNSEL.
THIS IS A LECAL INSTRUMENT. IF NDT UNDERSTDDD, LEGAL, TAX DR DTHER COUNSEL SHOULD BE CONSULtEO BEFORE SIGNING.
DEED OF TRUST
(Due on Transfer -Strict)
'I'I IIS UBBU OP'fRUST is rlldde this 30th day of '7Urie , 19.92 ,between DOUglaS E.
whose address is
(Dvrtowcr),
and the Public'instee of Ute County in which the Prvpcrty (see paragraph I) is situated ('Pruslee); fur the benclil of
Robert Hilsenroth
(Lender), whose address is
Dorrower and Lender covenant and agree as furrows:
I. Prvpcrty in'I'rvst. Borrower, in consideralivn of the indebtedness hereigrecited and the trust herein created, hereby grants curd
conveys Iv'i'rustec in trust, with power of sale, the following described pmpcrt}• kxated in the
County of Jefferson ,Slate of Colorado:
See Legal Description attached to this Deed of Trust as Fxhihit A: and
rein by reference.
which has the addrexs of 5409 W. 44111 AVeriue and 6405 W. 44th Avenue
rs~Ran '
Wham- Ridge ,Colorado 80033
rcpr rz;P aWm
(Property Address), ingeiher with all its appurtenances (Property).
2, Nvtr, Other Obligations Secured. This Deed of Ttvst is given to secure to Leudec
A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated June 30 , 19 92 , in the
principal sum of 'T1vTT_Hundrxl and Rixty-Five ThOUSand ($265 000.00)
U.S. Dollars, with interest on the unpaid principal balance from June 30 19 92 ,until paid, al the
rate of N1T1P percent per annum, with principal and interest payable at 4675 Ingalls Street,
Wheat Ridge, Colorado 80033
or such outer place as the Lender may designate, in monthly S payments of T~
Thousand F2i~Z~5H~dred Thirty-Five ~nd 67/100
Dollars (U.S. $ ~ ) due on the st day of each Ittonth
beginning Allgust 1 , 19. 92 ;such payments lv continue until the entire indebredness evidenced by
said Nvte is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and
payable vn JTaly 1 ; 2007; and the repayment of ~`ifteen Thousand
U.S. Dollars ($15,000.00) of the principal atroTant in one payimslt of Sixteen Thou:
Three Hundred Fifty U.S. Dollars ($16,350.00) on or before July 1, 1993.
and Ovrtower is to pay to Lender a late charge of five r7o of any payment not received by the Lender within
ten days after payment is due; and Burrower has the right to prepay the principal amount outstanding under
said NWe. in lobule or in part, at auy lime without penallyfi
C. nc~ performance of the covenants and agreements of Borrower herein comained.
3. Title. Bortuwercwenanls that Borrower rnvns and has the right to grant and convey the f4operty, and warrants title U, the same.
18. Acceleration; foreclosure; Other Remedies. Except as provided in paragraph 24 ('1'ransCer of the Property; Assumption).
upon borrower's breach of any covenant or agreement oC Dorrower in Ibis Decd of'1'rust, or upon any default in a prior lien upon the
Properly, (unless Dorrrnvcr has exercised borrower's rights under paragraph G shove), at Lender's option, all of the sums sccurctl by This
Deed of'frust shall be immediately due and payable (Acceleration). "Ib exercise this opt ion. Lender may invoke Ihe power of sale and any
other remedies penuiitcd by law, Lender shall he emitted to collect all reasonable costs and expenses incurred in pursuing the remedies
provided in this Dccd of Trost, including, but not IimiteJ to, reasonable altofncy's lets.
If Lender invokes the power of sale, Lender shall give written notice m'Cmstee of such election. Trastee shall give such notice to
Borrower of Dormwer's rights as is provided by law.'fmstee shall record a copy of such notice as required by law. Trustee shall advertise
the t ime andlace of the sale of the Properly, for not less than four weeks in a newspaper of general circulation in each coumy in which the
Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of
such time as may be required by law, Trustee, without demand on Dorrower, shall scll'the Property at public auction to the highest bidder
forcash at the lime and place (which may be on the Properly or any put thereof as pennitled by law) in one or more parcel as Trustee may
think best mxf in such order as Trustee may dclcrminc. Lender or l,cnder's designee may purchase the Property at any sale. It shall not be
obligatory upon the purchaser at any such sale to see In the application n( the purchase money.
'I'mstce shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but
not limited to, rcasonable'I'ruslee's anJ atlomey's fees noel costs of title evidence; (b) tv all sums secured by this Decd o(q'rust; and (c) the
excess, i(any, b the person or persons legally entitled thereto.
19. Borrower's Right to Cure Ucfault. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the
owners of the Properly or parties liable hereon shall be entitled Io cure said defaults by paying all delinquent principal anJ interest
payments due as of the date o(cure, costs, expenses, Isle chuges, attomcy's fees and other fees all in the manner provided by law. Upon
such payment. this Deed of Trast and the obligations secured hereby shall remain in full force and effect as though no Acceleration had
occurred, mid the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Apppoinunent of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby
assigns to Lender the rents of (lie Properly; however, Borrower shall, prior to Acccleralion un<ler paragraph IS (Acceleration;
Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and
payable.
Lender or the holder a(tlre'fruslec's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under
paragrapph IS (Acceleration; foreclosure; Other Renredics), and shall also be so entitled during the time covered by foreclosure
jrrocecdings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or
msoh'ency of Dorrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by
any Court of conrpclenl jurisdiction upon ex pane application and without notice -notice being hereby expressly waived.
Upon Accclcrntion under paragraph I8 (Acceleration; Foreclosure; Other Remedies) or abandonment ohhe Property, Lender, in
person. by agent or byjudicially-appointed receiver, shall he entitled [o enter upon, lake possession of and manage the Properly and to
collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, firs(, to paymm~t
of the costa of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by
This Decd vf'frusl. Lender and the receiver shall be liable to account only for those rents actually received.
21. Release. Upon payment of all sums secured by this Deed of'prust. Lender shall cause Trustee to rclcasc this Decd of'I}usl and
shall produce for'I'nrstec the Nole. Dorrower shall pay all cows of recordation and stmt( pay the statutory lYuslec's lets. If Lcndcr shall
not produce the Note as aforesaid. then Lender, upon notice in accordance with paragraph IG (Notice) from Dorrower to Lcndcr, shall
obtain, at Lender's expense, and lilt any lost instrument bond required by'1'ruslee or pay the cost thereof IoefCect the rclcasc o(dris Dced
of Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in Ure Property under state or
federal law presently existing or hereafter enac!ed.
to a prior encumbrance. Subject to applicable law, borrower shall pay to Leitder,mr each clay installments ofprincipal and ' ~ est are
payable under the Note, until the Note is paid in full, a sum (herein relerred to as "Funds") equal to of the
}'early taxes and assessments which may attain priority over this Deed of 'trust, plus of }'early premium
mstallnrenls for Property Insurance, all as reasonably estimated initially and farm lime to time by ' r on Ihe basis of assessments and
bills and reasonable estimates thereof, liking into account any excess Funds not used or ages.
The principal of the Funds shall be belt( in a separate account by the Lender in or the bcnelit of the Bomtwcr and deposited in
an inslituhon the deposits or accomns of which are insured or guaranteed by rat or stale agency. Lendershall apply the Funds to pay
said taxes, assessments and insurance premimns. Lender may trot chi or so holding and applying the Fonda, analyzing said account
orveri(yingandcumpilingsaidassessmenlsandbills.Lender not berequirecLtopayBnrroweranyintereslorcaruingxnnthet'vnds.
Lender shall give to Borrower,wilhoutcharge,anannu ountingo(lhePundsshowingcreditsanddebitstotheFundsandthepurposc
for which each debit to the Funds was made. q' rods arc pledged as additional security for the stuns scoured by this Dccd o(1'rust.
If the amount of the Funds held by rshall not be su[licient to pay taxes. assessments and insurance premiums as they fall due,
Bortowcr shall pay to Lcndcr an rat necessary to make up the deficiency within 30 days from the date notice is given in accordance
with paragraph IG (Notic ender tv Borrower requesting payment lhcrad.
Upon payme u 1 o(all sums secured by Ibis Dccd of'I'rust, Lender shall simultaneously refund to Borrower any Funds held by
Lcndcr. If u paragraph IS (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by
Len^, ender shall apply, no laterthan iunnedialely priorlolhe sale of the Propertyor its acquisition by Lender. whicheveroccurs first,
24. 'transfer of the Progeny; Aszum nion. 'Ihe following events shall be referred to herein as a "frmsfcr'": (i) n trmsfcr or
conveyance of title (or any ponion thereof, legal or cquitablc)of the Propcny(or:my pall tlrercof orintcresl therein), fii)Ihc execution of
a contract or agreement creating a right to title fur any portion thereof. Icgal nr equitable) in the Property for any part Ihelrof or interest
therein). (iii) or:m agrocment gronling a possessory right in the Pmpert}• (or any ponion thereof), in excess of Uvee (?)years, (iv) a side or
transfer of, or Ihe execution of a contract or agreement creating a right kr acquire or reccicc, more than lihy percent ($07r) of the
controlling interest or more than (illy percent (50'70) of Ihe bcnelicial interest in the Drn~nnver. (v) the rwrganization, liquidation ar
dissolution of Ihe Bmm~ver. NoI to be included as a'1'r,uufer ore (i) the creation of a lice or encumbrance subordinate to this Dccd of
Trust, (ii) the aeation o(a purchase money security interest for household appliances, qr (iii) a IransCer by devise, descent orby operation
oC the Imo upon the death of a joint tenant At Ihe election of Lender, in the event of each and every'fransfer:
(a) All sums secured by this Decd of Trust shall become inuncdiately clue and payable (Acceleration).
(b) If a'fransfcr occurs and should Lender not exercise Lender's option pursuant nr this paragraph 2410 Accelerate, T'ranafcrcc shall
be dccnred to have assunmd all o(lhe obligations o(6orrmver under this Dccd of'frusl including all sums secured hereby whether or not
the instrument evidencing such conve}~an~e, contract or grant expressly so prnvidca. 'I'bis covenant shall run with the Properly and
rrnn;n in fill fm'rr nnrl rfnv1 nnrit v,i,l .nn,~ •~,.•,...bl b, r..n ~r r..., _ , n~ ..., •: .r. ,. i .. :n ~r..... ~ .•
.6. Prior Mortgages and Deeds o[ Trust; Charges; Liens. Borrower shall perform all o[ Borrower's obligations under any prior
deed of trust and any other prior liens. Borower shall (ray all taxes, assessments and othercharges, fines and im(rositions attributable to
the Property which may have or attain a priority over tlus Decd of T'msl, and IeasdrolJ payments or ground rents, dany, in the manner set
out in paragraph 23 (Escrow Punds Cvr faxes anJ Insurance) or, if not reyvired to be paid in such manner, by borrower making payment
when Jue, directly to the payee thereof. Despite the foregoing, Borower shall not be required to make paymeNS otherwise required by
this paragraph if Borower, after notice to Lender, shall in good faith contest such obligation by, ordefend enforcement of such obligation
in, Icgal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only
upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the tour! in which such
proceedings are filed.
7. Properly insurance. Borzower shall keep the improvements now existing or hereafter erected rot the Properly insure) against
loss by fire or hazards include) within the term "extended coverage" in an amount at least equal to the lesser of (I) the insurable value of
the Pmperly or (2) an anmunt sufficient to pay the sums secured by this Deed of Trost as well as any prior encumbrances on the Properly.
All of the foregoing shall be known as "Property Insurance".
'the insurance carrier providing the insurance shall be qualifieJ to write Property Insurance in Colorado and shall be chosen by
Borrower subject to Lender's right to reject the chosen carier (or reasonable cause. All insurance policies and renewals thereof shall
include a standarJ mortgage clause in favorof Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days
before cancellation, termination or any material change otcoverage. Insurance policies shall be famished to Lender at or before dosing.
Lender shall have the right to hoWlhe policies and renewals thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carier and Lender. Lender may make proof o(loss if not
made promptly by 6orrorver.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration yr repair is
economically feasible and the security of this Deed of Trost is not thereby impmred. If such restoration or repair is not ecvmm~ically
feasible yr if the security of this Deed n[ Trost would be intpaireJ, the insurance proceeds shall be applied to the sums secured by this
Decd of Trost, with the excess, if any, paid to Borower. (f the Property is abaudvneJ by Borrower, ar if Bortvwer fails to respvnJ to
Lender within 30 Jays from the dale notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance
carier offers tv scale a claim for insurance benehls, Lender is authorized to collect and apply the insurance proceeds, at Lender's option,
tither to restoration or repair of the Property or to the stuns scwreJ by this Dced of'fmst.
Any such application of proceeds Iv princrpal steal I not extend or postpone the due Jale of the inslallmentx referred to in paragraphs 4
(Payment of Principal anJ Orierest) anJ 23 (Escrow Punds for Taxes turd Insurance) or change the amount of such inst:dlnrents.
Natwilhslanding anythutg harem to the contrary, i[ under )raragraph 18 (Accclemlion; Fxnedosure; Other Remedies) the Property is
acquire) by Lender, all right, title and interest of Borrower m and to any insurance politics and in and Iv the proceeds thereof resulting
from Jantagc to the Property prior to the sale or acquisition shall pass to Lender m the extent of the scans secnrcJ by this Decd of Trost
immediately prior to such sale or, acquisition.
All of the rights o[ Borrower anJ LenJer hereunder with rasped to insurance carriers, insurance policies anJ insurance proceeds are
subject to the rights o[ any holder of a prior decJ of tmst with respect to sail insurance carters, policies and proceeds.
R. Prescrvanon and Maintenance of Property. Borower shall kcc,r the Pmperly in good repair anJ shall not commit waste or
permit impairment or Deterioration of the Property anJ shall comply wtth the provisions o[ any Icase if this Ueed of Trost is nn a
leasehold. Borrower stroll perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other Dvcwnents
governing the use, ownership or occupancy of the Properly.
9. Prvlectivn o[ L,ender's Securly. Except when Borower has exercised Borrower's rights under paragraph 6 above, ff the
Borrower fails to pcrfvnn the covenants and agreements containeD in this Deed of Trust, or i(a default occurs in a poor lien, or if any
action or pproceeding is commenced which ntalerially affects Lender's interest in the Property, then Lender, at Lender's option. with
notice to Uorrower if reyuireJ by law, may make such appeamaces, disburse such sums anJ take such action as is necessary to protect
Lender's inicrerd, induJing, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs.
Borower hereby assigns tv Lender any right Burrower may hm~e by reason of any prior encumbrance on the Property or by law or
otherwise to cure any default under said poor encumbrance.
Any amounts disburse) by !.ender pursuant to this paragraph 9, with interest thereon, shall become aJDitional indebtedness of
Borrower secured by this Dced of Trost. Such amounts shall he payable upon notice from Lender fo Burrower requesting payment thereof.
and Lender pray bri ng suit to collect any amounts so Disbursed plus interest specified in paragraph 28 (Note; Other Obligations Secured).
Nothing cmttained in this paragraph 9 shall require Lender to incur any expense or take any action hereundee rovided that
10. Inspection. Lender may make or cause to be made reasonable entries upon anD inspection n[ the Property, p
Lender shall give 6orawer notice prior to any such inspection specifying reasonable cause therefor related to Lender s interest in the
I'ropcry.
If. Condemnation. The proceeds of any awarJ or claim for damages, direct or consequential, in connection with any rnn-
demnation or other taking o(the Property, or part thereat, or for conveyance m heu of condemnation, arc hereby assigned and shall be
paid to Lender as herein provided. livwever, all of the rights of Borrower and LenJer hereunder with respect to such proceeds are subject
to the rights of any holder o[ a prior deed of trust.
[n the even! of a total taking of the Property, the proceeds shall be applied to the sums secured by this Decd oCTmst, with the excess,
if any, paid to Borrower. In the event a(a partial taking of the Property, the proceeds remaining after taking out any part of the award due
any prior lien holder (net award) shall be divided between Lender and borrower, in the same ratio as the amount o(thc stuns secure) by
this Dced of Trust immediately prior to the dale oC taking bears to Borrower's equity in the Properly immediately prior to the date of
taking. Borrower's equity in the Properly means the fair market value of the Property less the amount of sums secured by both this Decd
of Tmsl and all prior hens (except taxes) that are to receive any of the award, all at the value inunediately prior to the date of taking.
If the Property is abandoned by Borrower, or iC, after notice by Lender to Borower that the condemnor offers to make an award or
settle a claim for damages, 6vrower (ails to respond to Lender within 30 days after the Date such notice is given, Lender is authvrizeJ to
collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or lv the sums secured by this Decd of
Trull.
Any such application of proceeds to principal shall not extend yr postpone the due date of die instalhnents referred to in paragraphs 4
(Payment of Principal and Interest) and 23 (Escrow ponds For Taxes and Insurance) nor change the amount of such installments.
12. Borrower Not RdcaseJ. Extension of the titnc for payment or modification of amortization of the sums secure) by this Decd
of Trust granted by Lender to any suaessor in interest of Borrower shall not operate to release, in any mariner, the liability of the original
Borrower, nor Borower's successors in interest, from the original terms otthis Deed of Trost. Lender shalt not be required to commence
proceedings against such successor or refuse to extend lime for payment or otherwise modify amortization of the sums secured by this
DeeJ of Tmsl by reason of any demand made by the original Bortower nor Borower's successors in interest.
13. frorbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar otherwise
afforded by law, stint! not 6e a waiver or preclude the exercise of any such right yr remedy.
14. Remedies Cumulative. Each remedy provided in the Nale and this Deed of Trust is distinct from and cumulative to all other
rights or remedies under the Note and this Deed oCTmsl or affordeJ by law or equity, and may be exercised concurrently, independently
or successively.
I5. Successors and Assigns Bound;)ointanJSeveralLiability;Captions. ThecrnenanlsandagreementshereinconlaineJshall
bind, and the rights hereunder shall inure to, the respective successors anJ assigns of Lender and Borcawer, subject to the provisions of
GXECU'fED EY [30RROWER.
IPU~~}}O~RROWEIi ISRA~IERS~ nL~ D~~
~ugla~~e er r C ~ us eJ* c er
- -- - - - - doing business as -
IP OORROWGR IS CORPORATION:
A"I'I'C•S'f:
Name nI Cogxxmion
5¢¢rary
(SEAL)
IF 60RROWGR IS PARTNERSHIP:
uy
Name W Pmmrnhip -.: -
by ---- - - -
n orn<mI rannrr
STA'L'E OP COLORAllO
ss.
City and coven or ~'-nyer
l'hc foregoing instrument was acknowledged before roe this 4fli-h day of .Tema - _
I9 92 , by* Doucxlas Ikeler and Susette Ikeler
MY COMMISSION EXPLRES: Mn]' 20, 1996
WiUless my hand and official seal Bonded Thru NOTARY PUBLIC AGENCY
My commission expires: _________ ,_._/ _,/~ --__ _.
nude...
'II a muual f<rnn nr pennnc, in.rn the namrfsl of nub persnnlal. If a nnpnmann. Inxn. fm maniple. "lohu U~c as Prt•idem nnJ lanr Urc as Sanmrt of rhK k Ca. o Calnrmincagxxmian "II a
pannrnMO. in.rn. far eumple. "Snm Smith ~r penrnl pannrr in and far Smith k Smith, a Frncml panncrchip"
.._ ^
W I I ~" I e ~
EXHIBIT A TO DEED OF TRUST
PARCEL A:
THAT PART OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW SUBDIVISION,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE
SOUTHWEST CORNER OF THE EAST 1/2 OF SAID BLOCK 8; THENCE
EAST 195.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST
56 FEET; THENCE NORTH 160 FEET; THENCE WEST 56 FEET; THENCE
SOUTH 160 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING RIGHT OF WAY DESCRIBED IN BOOK 46 AT PAGE 464.
PARCEL B:
THE SOUTH 160 FEET OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW
SUBDIVISION,
EXCEPT THE WEST 253.23 FEET THEREOF.
PARCEL C:
THE SOUTH 160 FEET OF THE EAST 2 FEET OF THE WEST 253.23 FEET
OF THE EAST 1/2 OF BLOCK 8, LAKE-VIEW SUBDIVISION.
ALL SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO.
i\MISC\D\FXFil9lTAR
'-_' ~~ ----_._.._._.----wv~ts~--
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on August 26, 1993, at 7:30 P.M.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
1• Case No WA-9~-1 An application by Dr. Douglas E. Ikeler
for approval of a variance to Section 26-420(e) to allow an
additional free-standing sign. The property is located at
6409 W. 44th Avenue and is legally described as follows:
PARCEL A: That part of the east 1/2 of Block 8, Lake-View
Subdivision, described as follows: Beginning at a point at
the southwest corner of the east 1/2 of said Block 8; thence
east 195.23 feet to the True Point of Beginning; thence east
56 feet; thence north 160 feet; thence west 56 feet; thence
south 160 feet to the True Point of Beginning. Excepting
Right-of-Way described in Book 46 at page 464.
PARCEL B: The south 160 feet of the east 1/2 of Block 8,
Lake-View Subdivision. Except the west 253.23 feet thereof.
PARCEL C: The south 160 feet of the east 2 feet of the west
253.23 £eet of the east 1/2 of Block 8, Lake-View
Subdivision. All situated in the County of Jefferson, State
of Colorado.
2. Case No WA-93-a, An application by Corry E. Sheely for
aPProval of variances to Section 26-30(J) to allow an
existing satellite receiving earth station to remain. Said
property is located at 5160 Tabor Street and is legally
described as follows:
The south 46.4 feet of the north 274.6 feet of the west 91
feet of Lot 16, Stanley Heights, and the south 45.4 feet of
the north 273.6 feet of the east 15 feet of Lot 15, Stanley
Heights. County of Jefferson, State of Colorado.
C Y \Ce~l_O,o~fl~
Mary} I oti Chapla, Seery
ATTEST:
Wanda Sang, City Clerk
To be published: August 10, 1993
Wheat Ridge Sentinel
P.O. EIO%638 TELEPHONE: 3031237.69~~
The City of
7500 WEST 29TH AVENUE .WHEAT i310GE. COLOfiA00 80035 .'-heat
~t2idge
POSTING CERTIFICATION
CASE N0. ZU~~~
PLANNING COMMISSION,- CITY COUNCIL -BOARD OF ADJUSTMENT
HEARING DATE:S~~~-Z~ -~ ~ ` /
I~ ~r U/a°i~i ~es~ ~ ~~~eJgd~
// c n a m e)
residing at (p ~Q 9' (,U< <{~{'~~ ~.,z~ ~~ ~~
`~~~Ca ,
( a d d r e s s)
as she applicant for Case No. _ ~1~64- ~ ~ ~ , hereby certify
that I have posted the Notice of Public Hearing at
( l o c a t i o n~ )
ca ~~o
on this ~ 2~ day of J~--~.~.q ~.~.~ '~'-
19~t J and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature: ~ ~ ~ ~C~`~ ~~~'< ~~~
NOTE: This farm must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Community Development.
I Sf~'Q-
P~~~
~~-
l awe .
~Q ~ ~~ ~y
M A P
(Circle One)
P.O. BOX 638 TELEPHONE: 303/237-6944 The City of
T50Q WEST 2flTH AVESIUE • WHEAT RIDGE, COLORADO 80034 cWheat
Ridge
August 12, 1993
This is to inform you that Case No. WA-93-12 which is a
request for approval of a variance to Section 26-420(e) to allow an
additional free-standing sign.
for property located at 6409 W. 44th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 p. m. on August 26, 1993
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"The Carnation City"
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT Date Prepared: August 19, 1993 --
Date of Meeting: August 26, 1993 Case Manager: Greg Moberg~'~
Case No. & Name: WA-93-12/IRELER -
Action Requested: Approval of a variance to Section 26-410(e)-
Freestanding Nonresidential District of the
code of Laws.
Location of. Request: 6409 West 44th Avenue
Name & Address of Applicant(s): Dr. Douglas ikeler
6409 W. 44th Avenue
Wheat Ridge, CO
Name & Address of Owner(s): same
-----------------------------------------------------------------
Approximate Area: 8,960 square feet
Present Zoning: Restricted-Commercial
Present Land Use: Veterinary Clinic
Surrounding Zoning: ~: R-2; ji: RC-1; N: R-3; E: RC-1
Surrounding Land Use: N: Multi-family; E & ~V: Office & service;
~: Single-family
Date Published: August 10,1993
Date to be Posted: August 12, 1993
Date Legal Notices Sent: August 12, 1993
Agency Check List ( ) Attached (XX) Not Required
Related Correspondence ( ) Attached. _ (XX) None
-----------------------------------------------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) Subdivision Regulations (XX) Other
-----------------------------------------------------------------
JURISDICTION'
The property is within the City of Wheat Ridge, and all
notification and posting requirements have been met, therefore
there is jurisdiction to hear this case.
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-93-12 Page 2
I. REQUEST
The applicant is requesting approval of a variance to-allow an
additional freestanding sign to be located in front of his
business along West 44th Avenue.
II. SITE
The applicant's clinic is located at 6409 West 44th Avenue.
There is currently one freestanding sign facing West 44th Avenue
and is approximately thirty-two square feet in area.. Depending
on whether the floor area of the building is less than or greater
than 1,500 square feet, the allowed sign area would be thirty-
five feet or greater. The property has only one street frontage
and therefore is allowed only one sign.
The applicant has proposed to place an eight foot high statue of
a kitten playing with a ball of yarn (no other information other
than what has been included within this report has been submitted
by the applicant).
As per Section 26-403 .Definitions - Artistic mural or sculpture
is defined as follows: "A freestanding statue or sculpture or-a
graphic-illustration or design, or an architectural design or
relief applied directly to or incorporated within a wall of a
building, which does not advertise or promote a particular
business, service or product. A company, firm, association,
society, etc., logo is not considered within the scope of this
definition and is considered a sign."; and
a sign is defined as follows: "Any object or device or part
thereof situated outdoors or-:indoors, viewed from outdoors by the
general public, and which object or device or the effect produced
thereby is used to advertise, announce, identify, declare,
demonstrate, display, instruct, .direct or attract attention by
means including, but not limited to, words, letters, figures,
designs, fixtures, colors, motion, illumination, sound or
projecting images."
It is Staff's opinion that because the clinic's primarily
business is to take care of cats, the statue would advertise,
identify -and attract attention to the business and therefore
should be considered a sign. To allow the proposed statue to be
erected, a variance-must be granted.
III. FINDINGS OF FACT
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under
the conditions allowed_by_.the regulations for the district - _
in which it is located?
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-12
Page 3
The property is allowed an amount o£ freestanding signage as
are all other businesses within the City and therefore, if
permitted to be used only under the conditions allowed by
the regulations for the district in which it is located, -the
property can yield a reasonable return in use; and
2. Is the plight of the owner due to unique circumstances?
There are no unique circumstances as this site is under the I
same constraints as are ail other commercial properties.
within the City; and
3. If the variation were granted, would it .alter the essential
character of the locality?
Approval of the variance will alter the essential character
of the local .neighborhood; and
4. Are there any particular physical'surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship?
There are no particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship; and
5. Are the conditions upon which the petition for a variation
is based be applicable, generally,. to the other property
within the same zoning classification?
Because there are no unique circumstances or hardships,, the
conditions upon which the variance is based are applicable
to other properties within the same zoning classification.
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property?
Because the .use (i.e. Cat Hospital) is in the business to
make money, additional signage will help the business make
more money. Therefore, this request is based exclusively
upon a desire to make more money; and
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
No hardship has been created by the applicant; and
8. Will the granting of the variation be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located?
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-12
Page 4
The granting of this variance will not be injurious to other
property or improvements in the neighborhood; and
9. Will the proposed variation impair the adequate supply of
light and air to adjacent property or-substantially increase
the congestion in the public streets or increase the danger
of fire or endanger the public safety and substantially
diminish or impair property values within the neighborhood?
It is difficult to ascertain whether the granting of this
variance will impair the adequate supply of .light or air to
adjacent properties, or increase the congestion of public
streets or increase the danger of fire or public safety as
no information as to the proposed location of the sign has
been submitted at the time this report was written.
IV. CONCLUSIONS AND RECOMMENDATIONS
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
1. There are no unique circumstances as this site is under the
same constraints as are all other commercial properties
within the City and currently has more freestanding signs
than the maximum allowed; and
2. Approval of the variance will alter the essential character
of the local neighborhood; and
3. There are no particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship; and
4. Because there are no unique circumstances or hardships, the
conditions upon which the variance is based are applicable
to other properties within the same zoning classification.
5. Because the use (i.e. Cat Hospital) is in the business to
make money, additional signage will help the business make
more money. Therefore, this request is based exclusively
upon a desire to make more money.
Therefore, staff would recommend that Case No. WA-93-12 be
DENIED.
~` 'TfY OF WHEAT RIDGE -MEMORANDUM
TO: Board of Adjustment
FROM: Planning Department
RE: Case No. WA-93-12
DATE: October 22, 1993
At-the September 23, 1993 Board of Adjustment meeting, Case No.
WA-93-12 was continued so the applicant could submit additional
information.
Please find attached the applicant's proposed design for the
front of the building.
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT -
MINUTES OF MEETING: September 23, 1993 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member ROSSILLON, seconded by Board
Member JUNKER, that the agenda be approved as printed.
Motion carried.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC HEARING
` a "b" o ~A 93 12-~' An application. by Dr. Douglas E. Ikeler
for approval of a variance to Section 26-420(e) to allow an
additional free-standing sign. The property is located at
6409 W. 44th Avenue.
Greg Moberg presented the staff report. All pertinent --
documents were entered-into record, which Vice Chairman
REYNOLDS accepted.
Board Member ABBOTT wanted to know the square footage of the
kitten statue, and Mr. Moberg answered since it is three
dimensional it is hard to determine, but believes it is more
than 32 square feet.
Board Member ABBOTT said he was wondering if the smaller
sign would be attached to the structure and if considered
one sign, how would the square footage be computed. Mr.
Moberg answered it would still be above what the applicant
is allowed because the maximum for that site is 40 square
feet. Mr. Moberg added there is an equation in the book to
figure out square Footage of three dimensional signs and he
will figure it out while the applicant is speaking.
No further questions were asked of staff.
The applicant, Dr. Douglas E. Ikeler, 45 Acoma Street,
Denver, CO, was sworn in: Dr. Ikeler said these sculptures
are made by a company that does work for Disney, Magic
Mountain, and other major amusement parks. The statues are
very attractive and we believe this type would enhance the
property as well as the City itself.
Dr. Ikeler said the technicality is whether this is a sign
or a statue by definition. Another point is our site is
actually three pieces of property (i.e., 6409, 6405, and a 2
foot strip in between; sometimes known as a spite'strip in
the old days). We purchased three pieces of land and the
current sign sets on the two foot strip.
CITY OF-WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: September 23, 1993 Page 3
Board Member ABBOTT asked staff if they. agree with this
argument, and Mr. Moberg answered no, because the Sign Code
has no bearing on the lot size, the code is based entirely
on the building-area.
Dr. Ikeler questioned even though it is two addresses,`does
the variance only apply to the property at 6407, and Board
Member ABBOTT said he believes that is-what was said. .
Board Member ABBOTT continued saying the burden is really on
the applicant to explain why this should be considered a
sculpture instead. of a sign.
Dr. Ikeler said it is a sculpture by definition in that it
has no wording or lettering. There is no reference to the
cat hospital on the kitten, and it will strictly be in its
own spot as a sculpture. Dr. Ikeler said the cost of the
statue is $15,000 and feels it_is of exceptional quality and
thinks this will be a landmark in the City and will enhance
other merchants.
Board Member 'ABBOTT. asked how will this statue be placed,
and Dr. Ikeler replied it will be placed on a pedestal and
set up against the building. The sculpture will be away
from the street and parking lot and have four poles around
it for protection.
Vice Chairman REYNOLDS questioned what the height of the
statue is, and Dr. Ikeler said the kitten itself is five
feet with the base being two feet, so it will total seven.
Vice Chairman REYNOLDS asked if the statue was attached to
the building could it then become part of the building, and
Mr. Moberg answered no, it could not be considered part of
the building.
Mr. Moberg went on saying if the applicant placed this on
the 44th Avenue frontage, there would be no question that
this would be a sign to bring people in. If it was placed
in such a way that it was part of the entry of the building,
the way the code is written, it should be placed far enough
away as to not attract attention from people driving by. If
the applicant would place it up against the building with
some landscaping around and place it closer to the entrance,
it would be some sort of architectural feature.
Board Member ABBOTT said he is having trouble rationalizing
this argument and asked the applicant if he could show
something on design; something that shows how the kitten
will be displayed incorporating the ideals of being an
architectural feature or piece of art and not solely
standing out blatantly as a sign.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: September 23, 1993 Page 4
Dr. ikeler replied they will do any accommodations to try
and make this an architectural feature.. .They could place
the sculpture at the entrance and also keep the height down.
Board Member ABBOTT asked the applicant if he could come
back next month with a site plan and design, and Dr. ikeler
answered yes.
Motion was made by Board Member ABBOTT that Case No. WA-93-
12 be postponed until the October meeting. At that time the
applicant will bring in a design illustrating how the
'requested object' can be incorporated into the design of
the building rather than a sign. Motion was seconded by
Board Member ROSSILLON. Motion carried 5-0.
Vice Chairman REYNOLDS explained the voting procedure saying
with five members present, there has to be four affirmative
votes to approve any request.
B. Case No. WA-93-4;_ An application by Corry E. Sheely for
approval of variances to Section 26-30(J) to allow an
existing satellite receiving earth station to remain. Said
property is located at 5160 Tabor Street.
Robert Gaspar presented the staff report. All pertinent
documents were entered into record, which Vice Chairman
REYNOLDS accepted.
Vice Chairman REYNOLDS asked if this case has received any
complaints from the neighbors, and Mr. Gaspar answered no.
Mr. Gaspar said after the notices were sent out there was
one reply from a neighbor stating he has no objections.
Board Member ROSSILLON asked what the regulations-are - --
regarding satellite dishes, and Mr. Gaspar quoted from the
Code of Laws, Section 26-30(J)(6)(a)(5): "Located only in
the rear or side yard with the base a minimum of ten feet
from any property line except that where side yard abuts
public streets, such intent shall not be permitted in that
yard".
Board Member ROSSILLON asked it there is a height
limitation, and Mr. Gaspar answered it cannot be in excess
of 12' in diameter nor 15'.in height (Section 26-
30(J)(6)(3)).
Board Member ROSSILLON asked what is the size o£ the
satellite dish, and Mr. Gaspar was not for sure but did know
it is under 12'.
No further questions were asked of Mr. Gaspar.
CITY OF WHEAT RIDGE BOARD OF BDJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 11
A. Case No. WA-93-12: An application by Dr. Douglas E. Ikeler
for approval of a variance to Section 26-420(e) to allow an
additional free-standing sign. The property is located at
6409 W. 44th Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ABBOTT asked Mr. Moberg to read the last part
of the definition of sculpture, and Mr. Moberg read "a free-
standing statue or sculpture or-graphic illustration design
or an architectural design or relief applied. directly to or
incorporated within a wall of the building, which does
advertise or promote a particular business, service or
product.".
Board Member ABBOTT asked if the applicant took down the
existing sign would the square footage come pretty close to
what is allowed, and Mr. Moberg answered yes, they could
'swap' the signs out if they wanted to.
The applicant, Dr. Ikeler,. 6409 W. 44th Avenue, was sworn
in. Dr. Ikeler said when. listening to the definition of a
sign it does say 'it has to advertise your product or
service', and our product and service is veterinary care.
He feels any shape of an animal is not an advertisement of
that service, and there is nothing on this statue that
advertises or suggests veterinarian medical care. Dr-.
Ikeler said the current sign is actually located on the
'6405' property. These statues are made by The Larson
Company which makes figures for Disney and other major
corporations. They are made with steel frames and covered
with concrete and then molded, shaped and colored. Dr.
Ikeler Feels the statues are incredibly attractive and told
the Board they cost 515,000 a piece. The statues have to be
brought in on a crane and set in place. Dr. Ikeler said
their intent is to enhance the property and area with the
addition of the statue. He does not feel this statue
advertises his product or service, it does represent cats,
but their service is not_-cats alone. Dr. Ikeler .said they
could argue that their main sign is actually on a separate
piece of property.
Board Member ABBOTT asked staff if there is validity to the
argument that this is an off-site sign, and Mr. Moberg said
the county shows this to be one property with two buildings
on it. There is_no validity as far as zoning is concerned,
the property just happens to have two buildings on it.
There will be a problem if they ever try to get a free- ,
standing sign for the other building; they will not be
allowed because the property itself already has one.
-~ ,
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 12
The code deals with properties, not with buildings, and one
developed piece of property is allowed one sign per street
frontage, not one per building or use.
Board Member BERNHART asked the applicant if they are
proposing to put the cat facing 44th Avenue, and Dr. Ikeler
said the best location;- he feels, will be the west corner of
the building.
Board Member BERNHART asked will this be in the parking lot,
and Dr. Ikeler replied yes, about 40 feet back from the
street. Standard bumper poles will be installed to prevent
people from getting to close.
Board Member BERNHART questioned if the applicant thought by
putting this in a parking lot and then placing concrete
pylons around it, wouldn't that detract from something so
artistic, and Dr. Ikeler said he agrees they do detract but
it is a necessary feature. Dr. Ikeler added there is no
grassy area, it is all pavement.
Board Member ABBOTT asked if they own the building, and Dr.
Ikeler answered yes.
Board Member ABBOTT stated the Board does have to comply
with the sign code and the intent of the sign code, so he
sides with staff's interpretation. One option is to take
the other sign down and to put this statue inside the
building. Dr. Jerry Koster interjected the City's sign code
says if it is in the building but can be seen from the
street it is considered a sign. Dr. Ikeler said a glass
atrium could be built in the front but putting the statue
inside the building would be almost impossible because it
weighs several tons and has to be brought in by a crane.
Dr. Ikeler still feels this does not advertise a product or
service, because they are not in the cat business only, they
still serve the community for dogs and birds.
Board Member ABBOTT stated the signage still says Cat
Hospital, and Dr. Ikeler agreed they do cater to cats.
Discussion followed regarding the definition of a sign. Dr.
Ikeler added there is no denying the statue will attract
attention and draw interest, but it is only to enhance the
building and location.
Board Member BERNHART asked if there is any thing like this
in the, City to attract business, and Mr. Moberg answered
yes, the concrete pig at the used car lot on Ward Road.
Board Member BERNHART asked if that business obtained a
variance, and Mr. Moberg said no, the pig is considered a
sculpture because it is not used to identify car sales
whatsoever. Mr. Moberg continued saying the Board will have
-_
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 13
to take a look at this carefully because staff has rendered
its opinion in terms i£-this is or is not a sign. If the
Board Feels this is a sculpture rather than a sign, it can
be approved as a sculpture.. However, the wording will have
to be very specific when recommending approval based on the
fact this is a sculpture and does not promote the use on the
property.
Board Member BERNHART feels the doctor has a'good argument,
but he thinks anything that draws attention to the property
is a sign. Mr. Moberg said that would be true if ,we didn't
have a definition of a sculpture; this could be considered
artwork without the definition. The reason staff looks at
this as a sign is because it is a cat-and the applicant does
have a cat hospital.
Board Member BERNHART asked if the sculpture would look like
the picture submitted and commented the cat looks a little
mad. Dr. Ikeler said it is a replica but his will have a
few modifications; happier, less intense and the coloring
will be different.
Board Member BERNHART asked if there are any rules governing
sculptures in the code regarding setbacks, etc. and Mr.
Moberg replied there are none specific, but health, safety,
and site triangle will all be considered.
Board Member DOOLEY asked with the amount o£ money being
spent, is there any danger that there could be adverse
reaction from the general public that might cause the
applicant to have to remove it, and Mr. Moberg said he has
not heard anything from anybody, however any variance that
is granted can be appealed in court within 30 days.
Board Member REYNOLDS asked is this a prohibited sign, and
Mr. Moberg said it is only prohibited because Dr. Ikeler
already has the maximum signs allowed on that property.
Board Member REYNOLDS asked where is the definition of
sculpture, and Mr. Moberg replied it is actually under the
'Definition' section and not the Sign Code'.
Board Member BERNHART asked staff if the applicant was to
put the overhead-sign on the roof and then put 'Cat Hospital '
of Wheat Ridge' across the ball of yarn would he then be
within the sign code, and Mr. Moberg replied yes.
Board Member BERNHART asked if the applicant had thought of
converting this into his one free standing sign, and Dr.
Ikeler said his current free standing is brand new and cost
$6,000, and he has no wish to take it down or alter it.
~' l
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 14
Mr. Moberg said he did not think of this prior, but if these
two properties are considered one then the applicant could
technically get 65 square feet of signage by using the other
building's allotment. Discussion followed.
There are two free standing buildings on one property, Dr.
Ikeler said, and it was actually purchased and surveyed that
way. Mr. Moberg commented that the deed however calls all
three of them under the same ownership, so staff considers
this one parcel.
Board Member BERNHART asked if this was considered one
parcel would the applicant still be entitled to 65 square
feet-of signage, and Mr. Moberg answered yes, but only one
free-standing sign. Mr. Moberg said we are dealing with
technicalities, however we have to when. dealing with the
Zoning Ordinance because it is very specific.
Dr. Ikeler asked if the statue was against the building
would it be considered a wall sign or a free-standing sign,
and Mr. Moberg replied it would be a free-standing sign
because a wall sign can only project 15 inches out.
Board Member REYNOLDS asked if they could approve the statue
alone without involving the Sign Code, and Mr. Moberg
answered the Board could interpret they feel this is a
statue and not a sign and therefore,-would be allowed.
Board Member ABBOTT stated for clarification, they can
either grant a variance to allow two free-standing signs, or
determine the structure is a statue instead of a sign.
Board Member ABBOTT wanted to know what the manufacturer
calls this object, and Dr. Ikeler answered artistic statues.
Board Member BERNHART asked how close is-the cat going to be
to the building, and Dr. Ikeler answered it will be right up
against the building with the pad that it sets on touching.
Chairman HOWARD asked if they purchased this from the Young
Electric Sign Company, and Dr. Ikeler said no, it was
purchased £rom The Larson Company out of Arizona; Young
Electric Sign only did the drawings for-ham as a favor.
Chairman HOWARD asked if the hospital has another location,
and Dr. Ikeler replied yes, in southeast Denver on South
Holly and Evans Streets.
Board Member BERNHART questioned if this is their only cat
statue, and Dr. Ikeler answered no, they also have an
illuminated one that sets on a pole at their southeast
location.
,
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 15
Chairman HOWARD asked will this sculpture be illuminated,
and Dr. Ikeler replied no. Dr. Ikeler wanted to point out
the cat at the southeast location is considered a sign by
Denver's definition.
Board Member DOOLEY said this is more like an identity or
logo and it sounds like the applicant will be incorporating
the other locations.
No further questions were asked.
Board Member ABBOTT stated the intent of this motion is to
prove this object is a sculpture and not a sign.
Motion was made by Board Member ABBOTT, that Case No. WA-93-
12, an application by Dr. Douglas Ikeler, is hereby APPROVED
for the following reasons:
1. The manufacturer is not in the sign business and
considers and advertises their product as statuary art.
2. The substantial cost per square foot-far exceeds normal
sign costs and is more in line with the definition of
art.
WITH THE FOLLOWING CONDITIONS:
1. A substantial base shall be created to support the
sculpture to preclude the need for bollards.
2. Some landscaping will be incorporated into the overall
design of the sculpture and base.
3. The sculpture shall be placed no further than 3 foot
from the front of the building.
4. The sculpture shall not be illuminated.
Motion was seconded by Board Member DOOLEY.
Board Member BERNHART said he would very much like to see
this occur, but is concerned with the motion and may have to
vote against it solely because. he is concerned about the
definition of sculpture. He believes the Board is getting
into tenuous ground and he is sensitive to the point of once
they define something of this nature as sculpture, they set
a precedent that they may regret:- More importantly, they
may have trouble dealing with it in the future and he would
be more comfortable dealing with this as an exception to the
Sign Code. He will be voting against the motion not because
disapproval of the concept; but because he has concern as to
how they are approaching it.
Board Member ABBOTT agreed that Board Member BERNIIh'<1' has a
substantial argument but said they need to define •~:hy they
think this is a sculpture, beyond his two definitions, to
reinforce so that the precedent is not set.
-,
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 16
Chairman HOWARD said he feels this is a sign because of the
expected location being within 20 feet of the other sign on
the building that says it is a cat hospital, and feels the
cat goes hand in hand with signage.
Motion was made by Board Member ABBOTT to withdraw the
motion, and seconded by Board Member DOOLEY.
A new motion was made by Board Member ABBOTT that Case No.
WA-93-12, an application by Dr. Douglas Ikeler, be APPROVED
for the following reasons:
1. This is a unique situation as there are two free
standing buildings on one deeded parcel.
2. This request is only a small increase above the total
allowed area for one free-standing sign.-
3. The applicant and manufacturer represents this as a
sculpture rather than a sign.
WITH THE FOLLOWING CONDITIONS:
1. A substantial base will be created to support the sign
which will preclude the need for .bollards.
2. Landscaping will be incorporated into the overall
design.
3. The sign shall be placed no further than 3' away from
the front of the building.
4. The sign will not be illuminated.
Chairman HOWARD requested for landscaping to be more
defined. Board Member ABBOTT said the intent is to have
shrubbery that will soften the overall impact of the signage
and incorporate the signage more into the building.
Discussion followed.
Chairman HOWARD clarified the motion is to approve the
variance to allow an additional free-standing-sign at this
location.
Motion was seconded by Board Member BERNHART. Motion
carried 5-0. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
l
, ~Y
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State o£ Colorado, on the 28th day of October 1993.
CASE NO: WA-93-12
APPLICANT'S NAME: Dr. Douglas E. Ikeler
LOCATION: 6409 W. 44th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
DOOLEY the following_Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-12
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS; the property has been posted the required 15 days by law
and 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.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-93-12 be and hereby is APPROVED.
TYPE OF VARIANCE: To Section 26-420(e) of the Sign Code
PURPOSE: To allow two free-standing signs on one parcel
FOR THE FOLLOWING REASONS:
1. This is a unique situation as there are two free standing
buildings on one deeded parcel.
2. This request is only a small increase above the total allowed
area for one free-standing sign.
3. The applicant and manufacturer represents this as a
sculpture rather than a sign.
WA-93-12/RESOLUTION
Page 2
WITH THE FOLLOWING CONDITIONS:
1. A substantial base will be created to support the sign which
will preclude the need for bollards.
2. Landscaping will be incorporated into the overall design.
3. The sign shall be placed no further than 3' away from the
building.
4. The sign will not be illuminated.
VOTE: YES: Abbott, Bernhart, Dooley, Howard and Reynolds
NO: None
DISPOSITION: Variance approved by a vote of 5-0.
DATED this 28th day of October, 1993.
~~
9 . , `~ C
ROBERT HOW RD, Chairma Mary L u Chapla, Secretary
Board of Adjustment Board o Adjustment
~ ~ 500 'NEST 29TH AVENUE
~.o. eox 63s The City of
WHEAT RIDGE. CO 80034-0638 {303) 234-5900 ~WheSt
City Admin. Fax a; 234.5924 Police Dept. Faz k 235.2949 •'~• idge
November 12, 1993
Dr. Douglas E. Ikeler
6409 W. 44th Avenue
Wheat Ridge, C0 80033
Dear Dr. Ikeler:
Please be advised that your application for Case No. WA-93-12,
to the Board of Adjustment was APPROVED on October 28, 1993, by a
vote of 5 to 0. See attached resolution.
As per Section 26-6(D)(2)(d): "Expiration of variance: Any
variance granted by the board of adjustment or planning director
shall automatically expire within one hundred eighty (180) days
of the date it was granted, or within such other time as the
board of adjustment or planning director may prescribe, unless a
building permit for the variance is obtained within such period
of time. If the building permit expires, the variance shall
expire at the same time. Extensions of time may be granted for
good cause shown, but only if an application for the extension is
made prior to the expiration of the variance."
As per. the above section, your variance will expire on:
April 25, 1994
If you have any questions, please feel free to call the Planning
Department at 235-2852.
Sincerely
CITY OF WHEAT RIDGE PLANNING DEPARTMENT