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TheCtryor ;2~MINISTRATIVE PROCESS APPLICAT-0"ION
~1~ 1t
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`~idge- 7~'bep~~trttdnt df'Pl~nrii°rtg andTSeveIOpment
1\, OQ West 29th_Ave ~ Wheat Ridge, CO 80033
m>" ~;: ~ h ~ etii d€~Ps ,it' '2'37 6944
Applicant~"C'~Q{~(~N v ~ Q~~ Address3g~0 OTtS ST,~F3 Phoney~-~i ~a
Owner ~TnS~}} R{}t~~, Address~~~-16 P«~SoN Sl'~ Phone
Location of request t-(S-1S W-4p-Sw~~~' gLVp' W'~` ~~ 33 _
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
® Preliminary Miscellaneous plat
Final Solid waste landfill/
[~** See attached procedural guide ~ Othereral extraction permit
for specific requirements.
ailed Description of request R'ETf~IIV ~X lS~"INGi ~
~ km\~n
List all persons and companies who_hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
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 £rom the-owner
which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn to me this ~~
19 ~
r.
CITY OF WHEAT 1*:IDE3E
. 7~"'rQCl 41 :371-1 AVE., f-''.0. E_{Ox 638
WHEAT F?ID~;E, Cf~LCSRaI?b 8nt734
HATE PAID: C-EB 11, 193'.',
,1 ~~' - ~ fl ~7~~ ~ L '~t t ~ d M.l 'tl ~R iCpAe ~ '~Y1 ~ ~~ A,~~ x E'~, ~ a $ ~ _
D~St~1?SPTICSfV VA1=I~%h~t`~
~f~f7tYNT ~ .get '°D~y
'' ~ ~ ~ _~.',~s~~~y1 ~ F~ "~1P 1 n~IP '~ 4 ~F r k o~~ tv~~ u.w a 1, =~'e~ ~ i 'B, '~.
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MC7(~
D~ ~ ~ ~ u MOUNT, PECEIVED: ~5~~ ~>~?
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J_ I I~. lit t~t.tWt{. ~-. -Wa ~R .L3~i yla.Ld~eY~ r~ti~li ,~ .~, _ ... ~.
CiF'I~ ID." AM4;~ { b ~ m p~t"~'T~'T'"i~0 ~3~4°3 --
~OL`DENBANKS
~J F-GO LO RADO
GOLDENDANK, N.A.
1307 Jaclaon Street
Gokkn, Colorado A0401
1303) 279.4563 'LENDER'
MODIFICATION AND
EXTENSION OF DEED OF TRUST
J088PH L. 8AL00
RsesCG A. 8AI.0G
ADPA[atl
3323 APPALOOBA ROAD
LVEAORxxN, CO a0{39
TXLeXNON[M0. NNN11fICATMIX X0.
JoasgH L. HAnoa
RleBCCA A. 811L00
Acbrtasa
3223 APPALOOBA ROAD
xVLAOA6iN, CO BO{]9
ratwXaXe rn. roeXnrC+trdrr NO.
TNI9 MODIFICATION AND E%TENSION OF DEED OF TRUBT, dahd tM-3E>L dry of JDNx. 1993 . it azecutsc
by and Mtwara the earths indluled Mlow and LanGr,
A On _14pASL~7, 1987 ~ undar_mad~ a~loan] to Borrowr ~vWana~ Bortawar's promluory noh ~Nohy~ayabh tr_ "_
Lmdar In lM orl0ln+I pdnclpal amount o/~]~,_HDNDRAn BIxry-TxgRB~TRO-SAND~~ASRR?_RxD aNf~[O/1aD
_ ne9ua 163.400.00
_ f{._ -_ 1• which tbN we:
eewrad by • deed of Iruat ('Deed Rf 7rutt~ axeouhd by Grantor for tM MneOt al Lander oovednq the naI propeM dasodbed on fiebdub A DNav
('Rapartynf and rerorded In HOOk at Paga FUInO dab ADRZli 9]. S9a7
(Film No. Mnption tJO.~2.057181 J of the neordt o1 the Remrdar a1~Tli89oN County
Calarado. The Hots and petl of Truq and any other related tlocumenU Including, but net limited to, a Guaranty dated n~a
srscuted byGwnntor for IM bmdi! or Undir are hereffier oamulaiively nbrrad tc a the Rom Dpwmentt'.
B. The paNu haw apnetl to modify and exbnd the maturity data of the Nott, and ib necwwry to provide icr a 4mliar madilkallan and eMmslon of ih~
Dead of Tnut TM Panhs agbe a IOllowa: -- - - - _
(1) The maturity tlab of Uta Nob h artendad to AOGIIBT 1, 2003 , at whldt Uma all ouhbndkp surtu due to
lsndar under me Nob shall M paid In full, antl me ped of Trual h modlped aceardingly.
(a) TM earths acknowbd0a uM agree that, n of JOxs 3, 1993 , IM unpaid pdndpal bWna due under
the Noh was f -113..319.57 ,and the seared and unpaid Imanal on that dah wet S n h ,
(3) Grantor rapnunta and wannla Ihat Gantor owns IM property Iro and cbu of any liantw ancumbnnat other than the Ibnt datedbad on
SMedule B Mbw.
(4) 6upt as expnuly motliMtl Mnln, elf firma antl ooMlUans of the Loan Documanb shall remain In lull lore and share. The paNO heeby
adopt, radty and eonarm meu terms and oondltbna as modlUed.
(3) Borrower, Gnnlor and Ownntar agrn to axscub any additional docummb which may M required by LanNr to tarty out the Inbntlon W tills
Aprnmam. At W the dah of this Agreement, there m no el+lma tlebnret, tetoHr or eaunbrel+lmr al any nature whlM may M uuMd painsl
Lender by any of tM undartlpmd.
(aI TM Deed of Trust b IurMar modilbd u /ollowa:
;.
411AAi9„ r owrt911:
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s ~. sAiad
LU 7S.Od
w11110W~1{:
wnaowa:
d
suu of COIAasDO ~
1 µ
County of 'RBFA4AOP I */~ y r
iD1iF 10 b J~Y~YJLL~P.l7M. As_pq~Q$~_
Thialmvurtuntwu AOknowIW7W talon mrr an W~~-dryol CR 4'mA $ AnAHQHEB.~Q_L7:N2hNTl1fi _ __.
44DL A AND CLIAAANTDB AND BFAPCLA A_ 8AI116_>~
WI7NE88 A/Y HAND AND OFflCW.BEAL
My Commiulon AzPlm: APATi D6 190] _ .
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LITE RITE °
7101 Julian ~4 t O'
Westminster, CO 8003
430-1633
70 LAMP SHADE GALLERY
4575 WADSWORTH
WHEATRIDGE, CO.
,~, :~
Signage Proposal
1ZEBECCA
ADDRE88
8/5/93 Pl~~ 8357
GATE ORDER€D DATE PROMteEO
~~~PICK~IIP ~ODEUVER ^INSTALL ^MOUNi
DELIYER 70
DESCRIPTION
1} MANUFACTURE AND I1dSTALL 2 NEW FACES READING LAMP SHADE GALLERY $1320.00.
2} MOVE AND INSTALL CLIENTS SIGN READING LAMP SHADE TO NEW LOCATION $175.00
TAXES & PERMIT NOT IIdCLUDED-IN PRICES
6XIl
l4gs,o~
sum
ddl.nB (t
~aymerd to bs mado as tolowv:
DOWN BALANCE DUE .ttND PAYABLE UPON INSTALLATION OF SIGNAGE
~~e~ta' ~~ eoe~rr~vodva
SKETCH DEPOS(f: The Nralclt depDNt t>arofs minimal oDSts
Involved In devebplnp a oonoept. k does nofito~~OVer the s1Xt7al
raterate ~ a minHrt~ummpd~oe. The sketch roma~kta $ter propeAy of tl~ie
dedpr7ar.
PRICE WOTATION 600D FOR 7 DAYS.
PRICE8 p IntikatW above, an m~mum Tmates for art and sign
work on1y Photostats, typography, phdogrttpha, ovettlme, charyea
ar7d+ar 8me additlons, dslava caused by tl7e cAen4 spedal
wnsldtaflone aM aP olhor xrodc axpend)a Ihaf carxrol ba oatlmaled
aotasateiy In advance will be b91ed exbet unless ottrenAise specMed
heroin.
SPECIAL oondd)oru on denCs orders (n no way ntgate the above
Conditions oT Sale. In ordetlnp work descdbed above, the ollent axepts
atl of theee corKAtions whether noted on tHt ptrd7aee order or not.
IF UNUSUAL DK3C~IN0 eondtlons (Is: wsbr, ect.) an er7oo7atEered In
pn~7d Indallatlor7, dtis contract ie d '~ however, N addtlonal Doe!
6assd on our latwr, plus K on aub~contract Tabor and mrierWs,
wiG be added m the trbove~
THE CLIENT sprees to pay a0 oosb of ot7Nectlon h the event o1 dslauk of
by the tdie7d, Indt7drp a romonabb ritamey's lee. {n the event of
~ for every coo tl~l aft therillrat ~~da~ed a rate of ~4
FINISHED art, med7ank;als, and signs wIl be released for tua try
the oleM osln~ly. FAedtardCak, orlpitri art. akstcheaparond matedels
d~p~ ands bpi he d~forthe ~en~uN~~otl7~erwbi~d7own~. ~
Ol10TED BY DATE 8/5/93
d{C'C'~Jo4d~~ ~ ~cJP~O~d~~
The above pdces, spedAatlons, and txrKfltloro are adkfacMry
and aro hereby You aro aull7odzed to do tl» trrorlc
above as tlpeciAed. eymerd wiq me made ae outlined above.
~~ (~ t(
1J , ...
~W I~ _~~ 1-C~-- -- + 1PSHADES UNLIMITED ro-et
W \ Ll 7rls w. co~FAx AvE. 2s2.o7os
- IAKEW00D, CA 80275'
SItiNATURE~~~C1~cJGt7a DATE 8 ~D'9~
~~~~.
• 1871'
_. 82-885/t070
~.: ,,'~s., ~y~ a,
C r
trln COI,pJtADp NATIONAL BANK - ~ ~' '/' ~ ;
~CNa~ Lakewood Branch C
H16 Cart Street 130.31 2a2~~1331
~ Lakewao0.cobraaoB02ti COPY- NOT NEGOTI~IBLE
W71 CUSTOMER SERVICE 1303) 8929966
LITE RITE; ' '
7101 Julian N4
Westminster, CO 8003 O
430-1633
BILL TO LAMPSHADE GALL1sRY
4575 WADSWORTH
WHF.ATRTT1f;F., CA.
_ Invoice
- ~ ~ ~
~ ~
~~
CONTAG7 PHONE
~
~ ~ ~
~_
DATE ORDERED bA Pq 41 ED
~
~-
C]_Pi_CK-UP O DELNER 0_INSTd_ LL
,
Q~NT
DELIVEq TO
~~rataL ~rssfalre~or2s: MANLrFACTURE AND INSTALL 2 NEW FACES
MOVE AND INSTALL CLIENTS SIGN
REPLACE 14 LAMFS IN SIGN $7..85/EACH X109.40
~\ ~ it .'- - `~ '- -- - ~.
UJR -q3 -\~ ~INPSHADES UNLIMITED to-sl
- 7735 w. coLFAx Ave. z7z-otos
- ~ LAKEVJ000, Lb 80215
{ __ ... ,
,, .. t ,.~ 1 ..~-
COLORAUO NAT
~~
COST&LAMPS ,'Q
lIBTALLATIDN 747 50
TDTA1. J08 1604 90
PE11iQ~ 0687 5D 00
T~ 54 O 1
TOTAI.
tESS _ 750 00
eM.ANCE 95 8 9
~~ ~
'`
~ - , ~/
1894
ez-asset ono
_ t.~.~ cJ
PPte~~.. `- ~'
Cn6~~ Lakewood Brancht7NA6 $AN1(~ .~ ~ w
~ tn5t~ Snsat 1703 2-f33t
~ ""'M0"' C 1pf10o°b 5 % COPY -NOT NEGOTIABLE
/rty~wi GSTOMER SERVICE (137894.9966 ~
., ~ ~ ~" /
II'OO1B44$' x'107004&57r; tt'u•g0001B5834rt"
NQTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on January 27, 1994, 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-93-18: An application by Stephen J. Balog for
approval of a variance to Section 26-410(0)(2) of the Wheat
Ridge Sign Code to allow a sign on a non-street frontage --
wall in a Commercial-One zone district. Said property is
located at 4575 Wadsworth Boulevard and is legally described
as follows:
The South 81 feet of the North 231 feet of the West 300 feet
of the East 330 feet of the Southeast quarter Northwest
quarter, Section 23, Township 3 South,Range 69 West except
the West 15 feet of the East 45 feet to the Department of
Highways, State of Colorado.
2. Case No. WA-93-19: An application by D. Liberty Auto-for
approval of a 100' variance to the minimum required 1500
foot separation between vehicle sales lots. Said property
is located at 11808 W. 44th Avenue and is legally described
as follows:
The north 125 feet of the east 150 £eet of Lot ll,.except
the east 10 feet thereof, Lee's Subdivision, County of
Jefferson, State of Colorado.
3. Case No. WA-93-20: An application by Thomas R. and Bonnie
Jean Paul for approval of a 3.3$ variance to the maximum
allowed building coverage to allow the construction of a
detached garage. Said property is located at 3375 Flower
Street and is legally described as follows:
Lot 14, Goodhart Stoddard Subdivision
Country of Jefferson, State of Colorado
4. Case No. WA-93-21: An application by Ernest Rodenberg for
approval of a 5 foot variance to the required 5 foot side
yard setback to allow an existing detached shed to remain.
Said property is located at 4520 Reed Street and is legally
described as:
Lot 3, Cal-Ed Subdivision
County of Jefferson, State of Colorado
ATTEST:
~-
Mar o hapla, Se retary
Wanda Sang, City Clerk
To be published: January 11, 1994 Wheat Ridge Sentinel
z ~.
POSTING CERTIFICATION
CASE No: 1y~lp -°i3-fig
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: I-'a~ -a
I,
residing at ~g3
( name ~
(s sTI ~3 wt
( a d d r e s s
as the applicant for Case No. 1A/Qr'O~3"lg hereby certify
that I have posted the Notice of Public ,Hearing at
<-rnrl~~7m+t catt[.(.~3:.Y" ~-1S_' 1 C- lafit~~WOtCCtr '15~.~u t,(/ ~ ~ ~e-~,S_s ,
( l o c a t i o n)
on this ~3~ day of ~-(~~~~ , 19~gt_, 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: ~ ~L(/,f.L,CP,~,~ ).)~
NOTE: This form 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.
P.O. f3O%6]8 ~ TELEPHONE: 303l23T•69~~ The a(e o1
7500 WEST 29TH AVENUE . Wt1EAT nIOGE. COLOftA00 80077 ~1Vheat
., "`Ridge
A
Ar~.O. BOX 638 TELEPHONE:303/237-6944 The aIy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
January 13, 1994
This is to inform you that Case No. WA-93-18 which is a request
for approval of a variance to allow a wall sign on a non-street frontage or
access wall
for property located at 4575 Wadsworth Boulevard
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 January 27, 1994
All owners and/or their. legal counsel of the parcel under
consideration m s 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
1
"Tlze Carnation City"
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.CITY OF WHEAT RIDGE PLANNING DIVISION E -O
STAFF REPORT
TO: BOARD OF ADJUSTMENT Date Prepared: January 20, 1994
Date of Meeting: Jan. 27, 1994 Case Manager: Robert Gaspar'4~`
Case No. & Name: WA-93-18/BALOG
Action Requested: Variance to the sign code to allow a wall sign
Location of Request': 4575 Wadsworth Boulevard
Name & Address of Applicant(s): Stephen J. Balog
3830 Otis Street #3
Wheat Ridge, CO 80033
Name & Address of Owner(s):
-------------------------------------
Approximate Area: 23,174 square feet
Present Zoning: Commercial-One
Present Land Use: Commercial business
Surrounding Zoning: ~: Residential-Two, W: Residential-Three,
E: PCD, and N: Commercial-One
Surrounding Land Use: ~: Single-family, W: Multi-family,
E & ~: Commercial
-----------------------------------------------------------------
Date Published: January 11, 1994
Date to be Posted: January 13, 1994
Date Legal Notices Sent: January 13, 1994
Agency Check List ( ) Attached (XX) Not Required
Related Correspondence
ENTER INTO RECORD: _
( ) Comprehensive Plan
Joseph Balog
6546 Pierson Street
Arvada, CO 80004
--------------
(XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Slides
( ) Subdivision Regulations (XX) Exhibits
JURISDICTION'
Attached (XX) None
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 NO. WA-93-18
REQUEST
Page 2
The applicant is requesting approval of a variance to allow a
wall sign on a non-street frontage wall.
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?
The property has an existing commercial use and denial of
this request w311 not obstruct the continuation of the use.
The property can yield a reasonable return, and will
continue to be used under the conditions allowed by the
Commercial-One regulations.
2. Is the plight of the owner due to unique circumstances?
The plight of the owner is not due to unique circumstances.
3. Will the variation, if granted, alter the essential
character of the locality?
The variance, if granted, will not alter the essential
character of the neighborhood. Similar wall signs exist in
the neighborhood.
4. Will the particular physical surroundings, shape or
topographical condition of the specific property involved
result in a particular hardship upon the owner as
distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out?
No.
5. Will the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification?
Yes.
6. is the purpose of the variation based exclusively upon a
desire to make more money out of the property?
The purpose of the variance is to gain visible advertising
signage.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-18 Page 3
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property;
The alleged difficulty has been created by the persons
having interest in the property by having the sign erected
The sign is a violation to the sign code.
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?
Granting of the variation would not be detrimental to the
public welfare. Injury to other property improvements
should not occur either, excepting the fact that another
lighted sign will be on the property.
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?
The granting of this variation would not impair the adequate
supply of light or air to adjacent properties nor increase
traffic congestion or endanger public safety, however,
there will be an increase of visible lighted signage.
CONCLUSIONS AND RECOMMENDATION
Based on the preceding "Findings of Fact" Staff has reached the
following conclusions:
1. The property can yield a reasonable return in use and will
continue to if permitted to be used under the conditions
allowed by the C-1 regulations; and
2. The property is similar to other locations and uses and
there are no unique circumstances concerning the location of
the subject site; and
3. The granting of the variance would increase signage, but not
alter the essential character bf the local neighborhood as
there are other legal wall signs in the area; and
4. The granting of this variance could result in the setting of
a precedent for similar requests; and
5. There does not exist a specific hardship.
6. There are no unique circumstances.
Therefore, based on the "Findings of Fact" and the conclusions
derived, a recommendation of DENIAL is given for case nwnber WA-
93-18.
/' a7'hc:- sins ~or J /,~~~~~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994 Page 2
1~ .
C 2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member BERNHART, seconded by Board
Member ROSSILLON, that the agenda be approved as printed.
Motion carried 6-0.
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. _ Case No. WA-93-18: An application by Stephen J. Balog for
approval of a variance to Section 26-410(0)(2) of the Wheat
Ridge Sign Code to allow a sign on a non-street frontage
wall in a Commercial-One zone district. Said property is
located at 4575 Wadsworth Boulevard.
Bob Gaspar presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member BERNHART asked if the similar wall signs in the
area were approved via a variance, and Mr. Gaspar answered
~, ~ there is a similar wall sign directly across the street but
it is there due to a Planned Commercial Development and is
allowed because of the interior drive. -Board Member
BERNHART wanted to know if there are non-conforming signs in
the neighborhood, or are they legal because of the size of
the building. Board Member BERNHART said he is only trying
to find out if we will be setting a precedent if this is
granted, or are there non-conforming uses in the
neighborhood.
Greg Moberg answered. he could check the case log but feels
nothing has been approved in the recent past. The PCD does
allow for the Planning Commission or City Council to do some
things that in a sense a variance was granted within,
however, most of the signs are legal non-conforming.
Mr. Gaspar added the State Farm sign is on the access side
of the interior lane. Board Member BERNHART asked if the
applicant put his sign on the south side would it be legal,
and Mr. Gaspar said legally the only place. they could put
the sign is on the wall facing the street.
Mr. Moberg said when a planned development comes through and
thgere is a-major access point on the property with a drive
aisle that can access separate buildings then wall signs
have been allowed because you get into a full development
~_ that is so far off the street. The State Farm sign would
not be allowed by right because it faces another property.
~~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994
Chairman HOWARD asked what prompted
variance, and Mr. Gaspar said it was
Enforcement's attention.
Page 3
this application for a
brought to Code
Chairman HOWARD wanted to know if this appears to be a new
sign and Mr. Gaspar replied yes, a new sign as it relates to
a new business.
Chairman HOWARD questioned if there were any wall signs on
that building facing Wadsworth, and Mr. Gaspar answered no.
Board Member BERNHART asked if the applicants are at there
maximum square footage in terms of free-standing signs, and
Mr. Gaspar replied he does not believe so. Mr: Moberg added
the building has roughly 1500 square feet, so they will. get
a minimum of 36 square feet of free standing signage,
however, staff has not seen a sign permit for any of the
signs on the property.
No further questions were asked of staff.
C-
The applicant, Steven Balog, 3830 Otis Street, Wheat Ridge
and Rebecca Balog,,6546 Pierson Street, Arvada, were sworn
in. Mr. Balog entered into record photos o£ similar
building signs in the. area, labeled Exhibit 'A'. Mi. Salog
said they did not know they were in violation as they paid a
professional sign company to install the sign. The company
did pull a permit for the free-standing sign in the front,
but did not get one for the side. Mr. Sa1og entered into
record a copy of the receipts showing they had paid the sign
company, labeled Exhibit 'B'. Mr. Balog said if they do
have to move the sign they will move it to the front, so
there will actually not be less signage involved.
Mrs. Balog spoke on other signs in the area and said there
must have been some variances granted as they are up and
down Wadsworth. We did think the necessary permits were
there and were not trying to do something illegal. Another
lighted sign will still be on the property because the sign
was very expensive and we will move it to the front if we
have to. Mrs. Balog said there will not be any increased
signage and granting this request will not-set a precedent.
Mrs. Balog pointed out this was a run-down, abandoned
building that they upgraded. They do own the building
themselves and said this is a very neat, clean operation.
Lot of their customers will, be coming from I-70, and they
feel that this sign will help them see the business. Mrs.
Balog felt the center across the street has some of the most
awful signs that one can imagine; some lighted, some not.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994 Page 4
~ Board Member ABBOTT asked staff if they might be wasting
C ' time here since the applicant states the sign will be
removed from the wall and moved out into the parking lot,
since they do have a right to do that and remain within the
code perimeter. Mr. Moberg stated the applicant is saying
if they are required to move it they will to keep utilizing
the sign, but they would rather have it on that north wall.
Board Member BERNHART wanted to know ,if the sign pictures
submitted were per code, and Mr. Moberg said no variances
have been approved for wall signs that do not face street
frontages, so we could have illegal signs out there that
pre-date the City. These signs come up every once in awhile
if nobody catches them right off hand and when one sign goes
up it is usually because there are other signs out there.
Mrs. Balog said the Kentucky Fried Chicken .building looks
like they have an awful lot of lighting, and Mr. Moberg said
a lit awning is not considered a sign, however they
actually did have a sign on their north wall and were made
to remove it.
Chairman HOWARD asked if the applicant thought a sign permit
had been obtained, and Mrs. Balog answered yes. The sign
company told her they had obtained a permit and she felt
they would know the rules as they have been around for 20
years.
Chairman HOWARD questioned that no permits had been obtained
for the signs and Mr. Moberg said no permits were taken out
to his knowledge, there may be one for the free-standing
sign but he does not know for sure. Mr. Gaspar added there
was a permit pulled for a face change on the free-standing
sign.
No further questions were asked.
Willard Lee, 4545 Wadsworth Boulevard, was sworn in. Mr.
Lee told the Board the house has been cleaned up, the
property is spotless, and the owners are very co-operative.
He feels the business will be an asset to the neighborhood
and said if the sign would help identify the business, him
and his wife would like to see the variance approved.
No questions were asked of Mr. Lee.
Motion was made by Board Member ABBOTT, that Case No. WA-93-
18 be APPROVED for the following reasons: .
1. The applicant would legally be able to move this exact
sign to the front wall of the building and require no
i variance. Therefore, no net reduction of signage
visible from Wadsworth would be obtained.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994 Page 5
~.`~ 2. Two neighboring property owners spoke for the request.
WITH THE FOLLOWING CONDITION:
1. Necessary permits will be obtained.
Motion seconded by Board Member REYNOLDS and carried 6-0.
Resolution attached.
B. Case No WA-43-19: An application by D. Liberty Auto for
approval of a 100' variance to the minimum required 1500
foot separation between vehicle sales lots. Said property
is located.at 11808 W. 44th Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted. .
Board Member ROSSILLON asked since there is a 1500 feet
separation, couldn't the applicant technically chop off 100
feet from the west side of the property and be in
conformance, and Mr. Moberg replied yes, 'but there is no way
he could lose 100 feet.
Chairman HOWARD asked if Mr. Moberg could be a little more
specific about this request being contrary to the Fruitdale
Master Plan, and Mr. Moberg said the Fruitdale Master Plan
for this area is for retail and retail does not include in
this case, automotive sales. Mr. Moberg continued saying
automotive and used car sales has a very negative
connotation to it, depending on who is running the sales
lot. There are some beautiful lots, but there are also a
iot of junk on some lots and people tend to look at those.
The plan is for a neighborhood retail outlet, some kind of
retail store that would sell to people in the neighborhood.
Chairman HOWARD questioned if the RV storage in the same
general vicinity conforms to the master plan, and Mr. Moberg
answered no, and staff recommended no on that request. also.
Chairman HOWARD asked then when City Council approved that
did they do so with any limitations, and Mr. Moberg replied
other than the screening, just some landscaping.
No further questions were asked of staff.
The applicants, David Cashion, 7481 So. Sheridan Court,
Littleton and Richard Penn, 331 So. Kendall, Lakewood, were
sworn inn. Mr. Cashion said they were under the
understanding in the beginning that this was a 50' variance
that we applied for. They have consulted with J.W. Brewer
who had a surveyor on staff check it out. The property is
vacant and has been run down for some time and now the
owners have spent a lot of money on beautification.
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 of Colorado, on the 27th day of January 1994.
CASE NO: WA-93-18
APPLICANT'S NAME: Stephen J. Balog
LOCATION: 4575 Wadsworth Boulevard
Upon motion by Board Member ABBOTT seconded by Board Member
REYNOLDS the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-18
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 ZT RESOLVED that Soard of Adjustment
Application Case No. WA-93-18. be and hereby is APPROVED.
TYPE OF VARIANCE: To Section 26-410(0)(2) of the Wheat Ridge
Sign Code
PURPOSE: To allow a sign on a non-street frontage wall
FOR THE FOLLOWING REASONS:
1. The applicant would legally be able to move this exact sign
to the front wall of the building and require no variance.
Therefore, no net reduction of signage visible from Wadsworth
would be obtained.
2. Two neighboring property owners spoke for the request.
WITH THE FOLLOWING CONDITION:
1. Necessary permits will be obtained.
VOTE: YES: Abbott, Bernhart, Howard, Junker, Reynolds and
Rossilion
NO: None
DISPOSITION: Variance granted by a vote of 6-0.
DATED this 27th day of January, 1994.
ROBERT HOWARD, Chairman Mary L u C apla, Se retary
Board of Adjustment Board o' Adjustment