HomeMy WebLinkAboutWA-94-19The Cify o1
ADMINISTRATIVE PROCESS APPLICATION
~Wheat
~Ridpre Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
AppliCant GORDON SIGN COMPANY Address Zg3Q W. 9th Avenue pkyone 629-6321
Owner Dennys Addres's 993Q W. 49th Phone ~55-9547
Location of request 9930 W. 49th
Type of action requested (check one or more o£ the actions listed below
which pertain to your request.)
] 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.
Variance/Waiver
Nonconforming use change
Flaod plain special exception
Interpretation of code
Zone line modifioation
~ Public Improvement Exception
Street vacation
J Miscellaneous plat
J Solid waste landfill/
minerai extraction permit
^ Other
Detailed Description of request One sinqle faced wa11 display at 56.87 square
feet on the front eleva aon. Neon border around tne parapnet .une.
at .04' x 289' = 12 sauare £eet. . . - _
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
PHONE
~
I certify that the information and exhibits herewith submitted are true and
correct to the best o£ 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 law£ully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action n hisi~~f.
Signature o£ Applicant _ --- -
Subscribed and sworn me his ~ day af ~7'D8Ll~, 19 ~7
~a~„~ . /1/t ~ ~~„ p -
` ' (~Qotary Public (~
SEAL c
My commission expires ~ ~L~ /95J ..
.
Date Received /b - Z~~ g~ Receipt No. ~9<-/ ~~ Case No.
11/10/94 09:28 $`808 597 8112 FLAGS'fAR NP-3
4~ 1~ y ~ ro C:i y -. 6: [ e. ~/ 7~ -
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Count~ a` JeiEr.r^^,t 5_ .. ai C~
.. • &ecePtion No..._......_........._.... _._._ ......... scorder.
` ~ RECORDER'$ 8TAM$
?4 ~
y~ THIS DEEDi Made thia 25th a~y oe September,
ty' in t5e pear of our Lord, one lhovsand nlne hundred and e i ghty one,
6etwem C.& H. DEVELOPMENTCO.,A CAL~FiA7IA CuntvttATION
c corporation dvly organized aud existirtg under aad hy viriue of the lawe
'~:y~~ n'"of the State of Colorado of thc Hrot part, ana1~489 ~dustry ~:i7~c1B
~ .DENNY'S, INC., a Ca7ifarnia corporation/ ry~q ra~a Ca
~~ a corporatton duly or~anized and enietiog under aud by vi~C~e'di tHF'Ta'wa. '
~"~ o£ the State of Ca i i fornia of the aewnd garl;
`=~ WITNESSETH
p;, ,~ : , Thai the aaid party of the £ast part, for and in coasideraton of the aum of
~ '" TEN AND NO/100----------------- and other valuable considerations----- Dotr.nxs
s~ ~~~ to the said party ot the first pari in hand Dud by the eaid party of the seeond part, the recdpt whereof ie pereby
~`s ~ coafeased and aeknowledged, hath granted, bargained, aold and conveyed, and bq these preemts doea grnnt, bargain,
~ ~ se11 conve and wntirm unfo the said
; N~ ~`, , y ~ party of the second part, its soccessors and aeaigns forever, all khe foiloaing
C.': deeeriGed 3Pparcd of land, situatq lying and betag in the Couaky of Jefferson
~:: ~
, and Statt of Colorado, to-wit:
Lot 1, TOGETHER WITH 9ngress-egress and parking easement lying within Lot 2
as contained in Ingress-Egress and Parking Easement Agreement recorded
November 7, 1979, at Reception No. 79101066, Qenny's Addition, County of
Jefferson, State of Colorado.
'.OOY
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TOGETHFLR, with all and aingulsr the hereditamrnts and appurtenanccs tRereunto belonging, or in anywiee
appcrtaining, and tl+e revereion and ceversions, remainder and remaindera, rents, iasnea and profits thereof; and atl
the cstate, righq tiHc, interest, claim snd demanB whatsoever of tl~c said pnrty of the 4irst part, either in law or
equity. of, in and to thc above bargained premiaee, with the hereditameaie and appurtenaaen.
TO F3AliE ANA TO IiOLD the nafd pcemfsea a6ovt bargained and described, zvifh the appurtmanees nnW the
eaid party of thc second parl, its succesaor; and nesigns forever. And the said ~
C. & H. DEVECOPMENT CO.. , a Caiifornia Corporation
party of the first part, for itself, iYs succeesors and aaeigna, doth covenanE, granf, 6argatn and agree to aad with fhG
sa3d party oE tite second par4 its successors and asslgns, Yhat ak thc kimc of !he ensealiag and del9very of t}teee pree• I
enta it ia wetl aeized of the premiaca a6ovic eonveyed, as af good, aure, perfce4 abeolute and 9ndefeaeble whte of
irt6eritance, ia law, in fec simplc, nnd hath good dght, full poacer xnd Iawfnl authoritq Eo grant, bargain~ ae11 and
convey the same in manner and form aforesaid, and that the nazne are free and clcar from all former aad othc
grant9, bargaine, eales, liena, taxes, assessmenta and incumbrances of whatever idnd or aature aoever; _
DENNY'S, INC., a California Corporation,
and tUe a6ove bargained premiaea in the quiet and peaceab(e poesession of the eaid party ot the second pnrt, its sac-
eessors and aesigns against alt and every peravn or persons lawfutly ciaisning or to ctaim the who2e, qr any part
[hereof, the said party oF the first part shall and witl WARRANT AND FOREVER DLREND. ~' .>,tit ~:
9Kt •
IN WITNESS WHEREOF. The eaid party o£ khe first part hath caused its corponte nam~'to be hereunto~e~t.ti=~"'
ecribed by its preaideaq and ite corporate ecal to 6e herevato nEfixed, kNE~i-Ly-ikr .,'~'~" '~~ ~?'' ~~
~eereteey, tfie day and year first abooe written. ,;_`:;.~;+%` <~:~ "- .' ~~,,
aee~e: C.&H. DEVEL~~;.,••~;~~;y,4: a::_~li'f:;~;,Co~~ tation
. .= ~~Y,;. . . r; ~ i.n.';..~.`,~~.%
... _._..._... By_ _ _ :..:.'{L::.il'.; ~ i i.J.:."~::...:{~_.L::
." ~,r~.:...:.'+.{r.T~C;~ P;aitdan,j.. ..~.
; ,y; ~;:'':2 ' .";^ 'rF fiN"•.,.
STATE OF fi19d3C73L.LDZ7(ZXCd71'F 1"f17d ".~` i~i~`'': ~~"'•`%~' :~ *'!'` ~Ti;i
id..:.. •.;rSt;:: `. . ::
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. . CO ~t0 88. ...n..:.. v... ...;..y. ~J-:d"~
................... ..COUnIJi Of...YQP.L.C.d.._.....5.... ~•: .....:'.Wdr1 :.Y,.:i%;t;i1b(.
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The fozegoing iaatrumettt wae aaknowledged before me this gth day of OCtcS~:~~'" "~"' ,t,~~r
___ ~_ 19 81 _. br _ Takeo H i raha ra a= V i ce Pre~i$tus eud
'-'--------------------- -----------' --as----`-------..' S~akirq:~o~
C S H DEUELOPMENT C0.
ee...,.,..~~ ~ a c^r--..-•an.
~ ~.ty rtoteria! commission 'ues AU9u5t lb~ ~982
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•%~ ; Witnecs my hand and ofEieiail swt, -
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I Na 767. WARRANTY DEED-Carp~rnlton t~ Grperttfon.
-DrndfoeA-IIoblowa PNntlne Cumy~ny, 1BLMtG BWUt 6trcec, Danveq Cotondo
NOV 7'94 06:28 BH:3 597 8112 PAGE.002
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NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the Wheat Ridge
Board of Adjustment on December 8, 1994, at 7:30 p.m., at 7500 West 29th
Avenue, Wheat Ridge, Colorado. A1l interested citizens are invited to speak
at the public hearing or submit written comments. The following petitions
shall be heard:
1. Case No. WA-94-16: An application by Herbert Daniels, Sr., for approval
of a four and one-half foot variance to the minimum required sideyard
setback of five feet and a sixteen foot variance to the minimum required
30 foot rear yard setback. The request is to allow a carport to be
located 6 inches from the north property line and 14 feet from the east
property line for property zoned Residential One-C. The property is
located at 3950 Kendall Street and is legally described as follows:
Lot 3, Swanson's Subdivision
County of defferson, State of Colorado
2. Case Na. WA-94-18: An application by Gordon Sign Company for approval
of a 26.5 square foot variance to the total area allowed for a free-
standing sign. The request is to allow the relocation of an existing
non-conforming freestanding sign. Said property is located at 4300
Wadsworth Boulevard and is legally described as foltows:
The west one-half of the northwest quarter of the southeast
quarter of Section 23, Township 3 South, Range 69 West, except the
north 35 feet thereof as described in Book 723 at page 158 and
except portion described in Book 1187 at Page 448. County of
Jefferson, State of Colorado.
3. Case No. WA-94-19: An application by Gordon Sign Company for approval
of variances to Section 26-409(9) and Section 26-412(0)(2) to allow a
roof sign and to atlow a wall sign on a wall that does not front upon a
public street. Said property is located at 9930 W. 49th Avenue and is
legally described as follows:
Lot 1, TOGETHER WITH ingress-egress and parking easement lying
within Lot 2 as contained in Ingress-Egress and Parking Easement
Agreement recorded November 7, 1979, at Reception No. 79101066,
Denny's Addition, County of Jefferson, State of Colorado.
, ~~~eC~~~~
Mary L~hapla, Secr tary
ATTEST:
Wanda Sang, City Clerk
To be published: November 17, 1994
Wheat Ridge Sentinel
i _
I ~ ~ r
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~ - , ~S S/~~
i CITY OF WHEAT RIDGE ~~~`~
Planning & Development Departrnent
~ INVOICE
Re: Case No. wA-94-19 Date: 11-23-94
AppliCant Gordon Sign Company
Add~BSS 9930 W. 49th Avenue
1. Puplication Dates(s) - BOA 11-24-94
Number of lines: 15
Amounf Due: $6.60
2. Pubfication Dates(s) - PC
Number of Lines:
Amount Due:
3. Publication Date - CC
Number of lines:
Amount Due:
4. Certified mailing No. 6 X$2.60 = 15.60
5. Recordation charge:
6. Parkland Assessment:
TOTAL AMOUNT DUE: $22.20
7500 W 29th Ave
Wheat Ridge CO 80215
(303)235-2846
~
~--
- M
I • _ _ t
-5a~ NlES- 2°TH AVENUE
?.o. BoX.3&
WHEAT nICGE. CC 80034-0638
CityAdmir, F2x#235-5924
CASE NO. ~,~/r-t "17^~ a
The Crty of
i303) 234-5900 cWheat
?olice Deot. Fax ~ 235-2949 ~Ridge
POSTING CERTIFICATION
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~ ~ ~}' ~~f
I. ~ n~--.v`Q. `~G(~a vY. ti f'.( '~ .
-~n a m e)
residing at c~(~~1 ~ ~`Y~ ~1 Q
(a d d r e s s)
as the applicant £or Case No.
, hereby certify
that 2 have posted the Notice o£ Public Hearing at
~~~~ ~ ~~ ~~~ ~~ ~
( o c a t i o n)
on this ~ t day of ~~ , 19~y , and do
hereby certi£y that said sign has been posted and remained in place
for £ifteen (15) days prior to and including the scheduled day oP
public hearing o£ this case. The sign was posted in the position
shown on the map below.
Signature: ~~,~(.~n.~,
- ~
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 Planning and Development.
M A P
<pc>postingcert
rev. 05-19-94
Ca e.,. ,,,:., r.,,,~~,
<
P.O. 80X 638 TELEPHONE: 303/237-6944
7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80033
November.22, 1994
This is to inform you that Case No.
The Ci(y of
~1Vheat
~Ridge
WA-94-19which is a request
£or _3pnroral of var'an c to Ser.tion 2Fi-4~0_9~9~ anrl cA7'_'_"" .'-~_~..1~
(O~1 i-~ a~.low ? rc?of sinn 3??~3, F~' a11ow a wa~ ~=ian nn a~aal l+h~t
does not front a public street ~
for property located at AQ"~n wPGt d0~_Awam~o
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 Tlanamhar P. i4aa
Ali owners and/or their legal counsel of the parcel under
consideration muGt 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.
I£ you have any questions or desire to review any pians, please
contact the Planning Division. Thank you.
PLANNING DIVISION
",1'h~~ ('cr,-~~ntion C`ity.,
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WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 10:0'7:08 MASTER ATSI002
Next Screen:
Key: 39-153-00-013 Schedule: 109723_ Status: 1 Parcel ID: 39-153-00-013
T-Dist: 3103_ Reason: C84 79 C79 Related Schedules
Ownerl: MEYER C FREDERIC
Owner2:
C/O: --
Mail: Dir: Name: P O BOX 2206 Ty: Sf: Ut: *
City: VAIL St:-CO Zip Code: -81657 -
Prop: 04890 Dir: Name: KIPLING Ty: ST Sf: Ut: *
City: WHEAT RIDGE St: CO Zip Code: 80033 -
DBA: Actual Assessed
Most Recent Sale Data Date Land: 25520 7400
Date: 4-24-1981 Code: 00 Assessed Imps: 102080 296Q0
Amt: 392000 Deed: 4-27-1993 Total: 127600 37000
Sdiv Reception B/T Lot Key Sec Twn Rng Qsec Land Area Tot Acres
82023752 044 15 3 69 SW 22015 .505
Sub: Nhood: 231 Area:
Struc Use- Built Unit Cons-Bsmt Blds Flrs GT Liv Area Bsm Area Total Land
COMMR 353 1978 A 1 1 4992 22015
F7=Additional Master Info F8=Print Master Info
Last Change Date: 2-18-92 JMC
~WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 10:07:46 MASTER AT5I002 -
Next Screen:
Key: 198909 Schedule: 198909 Status: 1 Parcel ID: 39-153-99-001
T-Dist: 31_03 Reason: Related Schedules
Ownerl: CAFETERTA OPERATOBB 109724 167972
Owner2:
C/O: PE_PENNINGTON & CO INC
Mail: 04006 Dir: Name:-BELTLINE Ty: RD Sf: Ut: 240 ~
City: ADDISON St:_TX Zip Code: 75244 -
Prop: 04900 Dir: Name: KIPLING Ty: ST Sf: Ut: _- *
City: WHEAT RIDGE St: CO Zip Code: 80033 -
DBA: Actual Assessed
Most Recent Sale Data --- Date Land: 273440 79300
Date: 3-27-1992 Code: 44 Assessed Imps: 1093760 317190
Amt: Deed: DEED 4-16-1994 Total: 1367200 396490
Sdiv Reception B/T Lot Key Sec Twn Rng Qsec Land Area Tot Acres
421000 92034376 0002 15 3 69 87504 2.595
Sub: KIPLING 5000 BUSINESS PARK FLG NO 2 RPL LOT 1 Nhood: 171 Area:
Struc Use Built Unit Cons Bsmt Blds Flrs GT Liv Area Bsm Area Total Land
COMI~2 321 1983 1 A 1 1 11416 113030
F7=Additional Master Info FB=Print Master Info
Last Change Date: 6-14-94 DCW
ADDITIONAL LEGALS EXIST
~WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER BYSTEM WSRMDOS
11-21-94 10:08:16 MASTER ATSI002
Key: 39-153-00-009 Schedule: 167972 Status: 1
T-Dist: 3103 Reason: N85 X84
Ownerl: IND~r~1ullEDTCE SQUARE LTD LIABILITY CO
Owner2:
C/O:-9 JOSEPH J JENKINS
Mail:-02400 Dir: Name: livuu~TRIAL
City: BROOMFIELD
Prop: Dir: Name: VACANT LAND
City:
DBA:
Most Recent Sa1e Data Date
Date: 11-1i-1993 Code: 26 ----Assessed
Amt: 1368000 Deed: SWAR 4=19-1993-
Sdiv Reception B/T Lot Key Sec 'Twn
9.3191101 056 15 3
Sub:
Struc Use Built Unit Cons Bsmt Blds Flrs GT
Next Screen:
Parcel ID: 39-153-00-009
Related Schedules
004283
Ty: ZA Sf: Ut: 1520 *
- St:_CO Zip Code: 80020 -
Ty: Sf: Ut: *
St: Zip Code: -
Actual Assessed
Land: 700 200
Imps: 0 0
Total: 700 200
Rng Qsec Land Area Tot Acres
69 SW 2614 .060
Nhood: Area: 2
Liv Area Bsm Area Total Land
2614
F7=Additional Master Info FB=Print Master Info
Last Change Date: 1-06-94 SMC
•WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER
11-21-94 10:08:32 MASTER
Key: 39-153-15-001 Schedule:
T-Dist: 3103 Reason:
Ownerl: DENNYS REALTY INC
Owner2:
C/0: %~ENNYS 200-06-1424
Mail: Dir: Name: RASH
City: RAWLETT
Prop: 09930 Dir: W Name: 49TH
City: WHEAT RIDGE
DBA: DENNYS RESTAURANT
Most Recent Sale Data
Date: 2--15-1990 Code:` 44
Amt: Deed: DEED
Sdiv Raception B/T Lot
203800 90020367 0001
Sub: DENNY'S ADDITION MINOR SUB
Struc Use Built Unit Cons Bsmt
COMMR 321 1980 A
F7=Additional Master Info F8=Pr
004310 Status: 1
C81 P80 152
SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-153-15-001
Related Schedules
004310
PO BOX 1600 Ty: Sf: Ut: *
St: TX Zip Code: 75088 -
Ty: AV Sf: Ut: *
St: CO Zip Code: 80033---
Actual Assessed
Date Land: 97820 28370
Assessed Imps: 391280 113470
6-20-1994 Total: 489100 141840
Key Sec Twn Rng Qsec Land Area Tot Acres
15 3 69 1~010 .413
Nhood: 1 51 Area:
Blds F1r5 GT Liv Area Bsm Area Total Land
1 1 6062 18010
int Master Info
Last Change Date: 3-03-94 MRJ
•WHEATRIDGE JEFFEASON COUNTY ASSESSOR/TREASURE
11-21-94 10:08:43 MASTER
Key: 39-153-15-002 Schedule:
T-Distc 3103 Reason:
Ownerl ~ MOTEL 6 OPERATING L P
Owner2:
C/O:-a TAX DEPT 1016
Mail:-1~651 Dir: Name: IJALLAS
City: DALLAS
Prop: 09920 Dir: W Name: 49TH
City: WHEAT RIDGE
DBA: MOTEL 6
Most Recent Sale Data
Dat~:_ 1-31-1989 Code: 00
Amt: 1211000 Deed: WARR
Sdiu Reception B/T Lot
203800 89012003 0002
Sub: DENNY'S ADDITION MINOR SUB
Struc Use Built Unit Cons Bsmt Blds Flrs
COMMR 315 1980 92 A 1 2
F7=Additional Master Info FB=Print Master
004647 Status: 1
N81 R76
Nhood: i31 Area:
GT Liv Area Bsm Area Total Land
22350 98221
Info
R SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-153-15-002
Related Schedules
004647
Ty: PRWY Sf: Ut: *
St:_TX Zip Code: 75240 -
Ty: AV Sf: Ut: *
St:-CO Zip Code: 80033 -
Actual As sessed
Date Land: 177600 51500
Assessed Imps: 710400 206020
4-27-1993 Total: 888000 257520
Key Sec Twn Rng Qsec L and Area Tot Acres
15 3 69 98221 2.255
Last Change Date: 1-24-94 DCW
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board ot Adjustment
DATE OF MEE7ING: December 8, 1994 DAIE PREPARED: November 28, 1994
CASE NO. & NAME: WA-94-19/Gordon Sign CASE MANAGER: Greg Moberg~'\
ACTION REQUESTED: Approval of variances to Section 26-409 and 26-412(0)(2), to allow a roof
sign and to allow a wall sign along a wall that does not have street frontage.
LOCATION UF REQUEST: 9930 West 49th Avenue
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: N/A
PRESENT ZONING: Commercial-One
PRESENT LAND USE: Restaurant
SURROUNDING ZONING: N: & E: C-1; S: A-1 & W: R-C
Gordon Sign
2930 W. 9th Avenue
Denver, CO
Denny's
9930 West 49th Avenue
Wheat Ridge, CO
SURRaUNDING LAND USE: N:, W: & E: Retail and service; S: State Highway
DATE PUBLISHED:
DATE TO BE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECIa1ST:
(XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
--------------------
ENTER INTO RECORD: _ _
() COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( ) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notificatian and posting requirements
have been met, therefore, there is jurisdiction to hear this case.
November 17, 1994
November 24, 1994
November 22, 1994
Board of Adjustment Staff Report
Case No. WA-9419
Page 2
REQUEST
The applicant is requesting two variances. The first is to allow a roof sign and the
second is to aflow a wall sign to locate on a wall that does not have street frontage.
Section 26-409 (9); prohibits roof signs. The applicant would fike to run neon lighting
along the ridge and eave lines of the roof of the structure. Though the neon is just
lighting (ie. there is no words or logos) Staif feels that the neon is a sign based on the
Sign Codes definition:
Any object or device or part thereof situated outdoors or
indoors, viewed trom 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, cotors, motion, illumination,
sound or projecting images.
Ila.
If the neon was to be used as site lighting along eaves to illuminate a walkway, the neon
would not be considered a sign. However, lighting along the ridge of a roof does not
help with the lighting of walkways and in fact is pfaced onfy fo attract attention to the
building.
Section 26-410 (0)(2); allows a wall sign upon any wall which fronts upon a public street.
The applicant would like to place a wall sign above the main entrance of the restaurant
which does not 4ace a public, the entrance faces the parking lot to the east.
Because neither sign is allowed approval of both variances is required to allow the signs
as proposed.
FINDINGS OF FACT (roof sign)
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?
It can be assumed that the property can yield a reasonable return in use it permitted to
be used only under the conditions allowed by the regulations of the current Sign Code,
as required by alt other businesses within the City of Wheat Ridge; and
2. Is the plight of the owner due to unique circumstances?
There are no unique circumstances; and
Board of Adjustment Staff Report
Case No. WA-9419
Page 3
3. !f the variation were granted, would it alter the essential character of the locality?
The granting of this variance would not alter the essential character of the loca!
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 that would result in a 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?
The conditions upon which the petition is based would be applicable to other properties
within the same zoning classification as there are no unique circumstances nor
hardships that separate this site from any other; and
6. (s the purpose of the variation based exclusively upon a desire to make more money out
04 the property?
The purpose of this variance is based exclusively upon the desire to make more money
as a roof sign attracts attention and hopetully more clients; and
7. Has the alleged ditficulty or hardship been created by any person presently having an
interest in the property?
No hardship has been created by any person presently having an interest in the
property; 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?
The granting of this variance will not be injurious to other property or improvements in
fhe 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 pubtic 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 variance will not impair the adequate supply of light to the front yard
of the property directty to the north of the subject site.
Ilb. FlNDINGS OF FACT (wall sign)
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 regutations for the district
in which it is located?
Board of Adjustment Stafi Report
Case No. WA-9419
Page 4
It can be assumed that the property can yield a reasonable return in use if permitted to
be used only under the conditions allowed by the regulations of the current Sign Code,
as required by all other businesses within the City of Wheat Ridge; and
2. Is the plight of the owner due to unique circumstances?
A unique circumstance could be considered as most main entrances of businesses face
public streets; and
3. If the variation were granted, would it alter the essential character of the locality?
The granting of this variance would not alter the essential character of the local
neighborhood; and
4. Are there any particular physical surroundings, shape or topographical conditions ot the
property involved that would result in a particular hardship?
There are no particular physical surroundings, shape or topographical conditions of the
property that would result in a hardship; and
5. Are the conditions upon which the petition for a variation is based be applicable,
generaliy, to the other property within the same zoning classification?
The conditions upon which the petition is based would be appticable to other properties
within the same zoning classification only if the main entrance does not face a public
street; and
6. Is the purpose of the variation based exclusively upon a desire to make more money out
of the property?
The purpose ot this variance is based exclusively upon the desire to make more money
as any signage attracts attention and hopefully more clients; and
7. Has the alleged difficulty or hardship been created by any person presently having an
.interest in the property?
A hardship has been created by whomever designed the building so that it does not front
a puhlic street; and
8. Will the granting of the variation 6e detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located?
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?
Board of Adjustment Staft Report
Case No. WA-9419
Page 5
The granting of this variance will not impair the adequate supply of light to the front yard
of the property directty to the north oP the subject site.
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WHSAT RIDGS BOARD OF ADJIISTMLNT
..~.~.,~sS OF I~sni.uVi,: December 8, 1994 Page 6
3. The relocated sign must meet all current sign code
requirements.
Board Member ROSSILLON suggested to change alI wording to
read "legal non-conforming sign".
Motion was seconded by Board Member ROSSILLON. Motioa
carried 6-0. Resolution attached.
C. Case No. WA-94-19: An application by Gordon Sign Company
for approval of variances to Section 26-409(9) and Section
26-410(0)(2) to allow a roof sign and to allow a wall sign
on a wall that does not front upon a public street. Said
property is located at 9930 W. 49th Avenue.
Greg Moberg presented the staf£ report. All pertiaent
documents were entered into record, which Chairman JUNRER
accepted.
Board Member ROSSILLON asked if there are currently three
signs on the property, and Mr. Moberg aaswered yes, they
have three legal signs.
Board Member ABBOTT questioned if they were asking for an
additional wall sign oa the east above the entrance, and Mr.
Moberg replied yes, they are replacing aa illegal sign that
had not received a variance.
Board Member ECHELMEYER said the diagram submitted does not
indicate where the I-70 ideatification sign sets in relation
to the building. Mr. Moberg aaswered it shows the sign to
be oa the west side of the building towards the corner.
Board Member ECHELMEYER asked if the property could have two
signs on the same side of the building, and Mr. Moberg
replied yes. Free-standing and wall signs are figured
completely separate and it does not matter which side of the
building they are on.
Board Member WALKER asked at this point if we are addressing
the neon request also and Mr. Moberg answered yes.
Board Member HOVLAND questioned the sign at Motel 6 being a
roof sign, and Mr. Moberg replied tecSnically it is nob a
roof sign because the roof is not peaked. A roof sign can
be 3 feet above a flat roof. The mo~el also has right-of-
way all around the property so that is why they have the
aeon. Furr's Cafeteria also has neon but it is all under
the eaves. •
wa~T xaaGS sor~xn o~ ~-nJUSx~rr
b,,.avu,.uS OF 1~8TING: December 8, 1994 Page 7
Mr. Moberg continued saying neon is a fairly recent request
(within a 3-5 years) ancl the initial interpretation was if
it was used as lighting it would not be considered a sign.
Discussion followed regarding various businesses within the
City that have neon lighting.
Board Member WALKER wanted to know if there was ever a
problem with Christmas lights, aad Mr. Moberg said
fortunately they are temporary, and therefore have no
impact. Mr. Moberg added if somebody left their lights up
until February and there was a complaint, we would have to
go out and tell them to remove the lights.
No further questions were asked of staff.
Mr. Renny Kling of Gordon Sign Company, was sworn in. Mr.
Kling entered into record a permit log showing the 19
locations of Denny's that are going through the same
remodeling, labeled Exhibit 'A', and 11 photos showing the
signs and lighting, labeled Exhibit 'B'. He gave a full
explanation to the board of each photo.
Mr. Kling said the ohjective is to create a uniform image of
their faci.Lities and they have pretty much been able to that
within the Denver metro area except for two locations. He
was not opposed to the neon on the eave line as he agrees
with the Board's objective saying the neon would create down
lighting around the walk system, but the objective oE
Denny's is waating to maintain uaiform appearance of their
faoilities.
Mr. Rling coatinued saying the construction of this store
happens to be the same as 11 of ~he 24 in the state of
Colorado. They are basically done with the image change and
have installed all of the signs they can code wise,
repainted a11 of the structures, an@ have installed all of
the neon. All of the facilities will have the neon
appearance at aight.
The second issue regarding the wall sign proposal is
basically the same approach to being consistent with the
uniform appearance and all will recognize the same sign as
being a Denny~s facility. Lakewcsod wil.l make a decision
whether they classify it as a roof sign or not and allow the
sign on the dormer or roof. Those have been the only
difficulties encountered on the i.mage change.
Board Member ROSSILLON asked what is the intent of the
dormer shroud, aad Mr. Kling answered the shroud is
basically a covering behind the north elevation sign and
WSEAT RIDGS BOARD OF ADJIISTMSN'P
Duavu~nS OF MSSTING: December 8, 1994 Page 8
will be bnilt into the roof system. Pre-manufactured
trusses will not be used.
Board Member ECFIELMEYER asked if the seven flood lights
along the roof edge wi11 remain, and Mr. Curtis said they
are planning to leave them up.
Steve Curtis, 5224 Estes Circle, Arvada, CO, was sworn in.
Mr. Curtis continued saying the lights are high pressure
sodium lights, but they real2y do not provide much 13ghting
as they point upwards and illuminate the roof itsel£. The
parking lot lights provide much more light.
Soard Member WALKER questioned the permits from other
municipalities saying some are only approved with eave
lighting, and is that real dilatoriness to the image they
are trying to create. Mr. Kling said Deany's is looking
more for consistency but there was concern for the lights
being in reach. Mr. Curtis said the lights on the eave that
face down and illuminate the walkway are actually
florescent. The buildings that they were having problems
with were not this style of building. Eleven.out of 24 are
this style, and it would look completely odd not to have the
neon on this building style and kave it on the rest. The
neon will be only on the top of the flat wall.
Board Member ECHELMEYER asked if the white eave light will
continue to stay, and Mr. Curtis answered yes, it is not
considered a sign because it is illumi.nation, to the
sidewalk. Mr. Curtis clarified the triangular sign on the
south side in the picture would be that style of sign that
will be in the front.
Board Member HOVLAND asked about the triangular sign on the
south and Mr. Curtis said there would be a'dog-house'
behind that, with the main concern being the prevention of
snow build-up.
Soard Member WALKER asked if the slanted roof portion is
just a slanted parapet per se, and Mr. Curtis rep.Lied it is
a roof sign, but the air conditioaing equipment is behind it
and that is why it has a cnrved wall instead of going up to
a peak.
Board Member ECHELMEYER asked if the large sign aot on the
lauilding is being taken into consideration when figuring the
sign area, and Mr. Moberg.said the way the sign code deals
with wall signs and free-standing signs are completely
difEerent.
WHEAT RIDGE BOARD OF ADJIISTL~TP
MIx~.;~sS OF MESTING: December 8, 1994 Page 9
Mr. Moberg added free-standing signs are per square footage
of building, and wall sigas are per lineal foot of building
£rontage, and at this point we are dealing only with wall
signs.
Board Member HOVLAND said
change anything as far as
across the way, and Mr. M~
should be considered roof
published and posted they
signs.
since this roof is flat does that
making it similar to the motel
~berg answered all those signs
signs. The way this case was
could still be approve as roof
Board Member ROSSILLON wanted to know if the only request at
this time is for the neon lighting straight across the top
and all the way around, and Mr. Rling answered yes, and said
neon will not be on the slaated portion.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. WA-94-
19, an application by Gordon sign Company for Denny's
Restaurant, be APPROVED for the following reasons:
1. Both signs are an integral part of the national Denny's
Restaurant and identification scheme for this particular
building style, therefore a benefit for the general
and traveling public.
2. Abseace of both wall and roof signs would probably cause
incoavenience to the general public.
3. The proposed signage has beea accepted by virtually all
neighboring municipalities as being reasonable.
4. The neon roof lighting will provide some small
beneficial effect by providing additional lighting to
the parking areas and sidewalks.
WITH THE FOLLOWING CONDITIONS:
1. All proposed wall signs will incorporate the shroud
construction illustrated in drawings provided by the
applicant.
2. The neon will occur only on the horizontal ridge of the
roof as illustrated in photos submitted.
Motion was seconded by Board Member ECHELMEYER.
Correction was made to the section on the agenda and sta£f
report to read "Section 26-410".
Motion carried 6-0. Resolution attached.
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-94-19, DATE: December 8, 1994
REQUEST: An application by'Gordon Sign Company for approval of variances to
Section 26-409(9) and•Section 26-412(0)(2) to allow a roof sign and to allow a
wall sign on a wall that does not front upon a public street. Said property is
located at 9930 W. 44th Avenue.
; ; Position On Request;
; ; (Please Check) ;
; SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ;
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CERTIFICATE OF RESOLUTION
2, Mary Lou Chapla, Secretary to the City of Wheat Ridge Soard of
Adjustmeut, do hereby certify that the followiag Resolutioa was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 8th day of December , 1994.
CASS NO: WA-94-19
APPLICANT'S NA~: Gordon Siga Compaay
LOCATION: 9930 W. 49th Avenue
Upon motion by 8oard Member ASBOTT , seconded by Board Member
_ECHELMEYER , the followiag Resolutioa was stated.
wannEAS, the applicant was denied permission by an Administrative
Officer; and
wnnnEAS, Board of Adjustment Application, Case No. WA-94-19
is an appeal to this Board from the decision of an Adm~^~strative
Officer; and
~.nnnBAS, the property has been posted the required 15 days by law
and there WSRE NO protests registered against it; and
~~~~-~--, the relief applied for MAY be granted without detrimeat
to the public welfare aad without substantially impairiag the
intent aad purpose of the regulatioas governing the City of Wheat
Ridge.
NOSP, ~~,a~6FOR8, BH IT RESOLV&D that 8oard of Adjustmeat
Applicatiou Case No. wA-94-19 , be aad hereby is APPROVSD.
TYPH OF VARIANCE: A 4 1/2' to the miaimum side yard setback and a
16' to the minimum 30' rear yar8 setback.
PIIRPOSH: To allow a carport to be Iocated 6" from the aorth
property liae and 14' from the east property liae.
FOR THS FOLL09~ING RSASONS:
1. Both signs are an iategral part of the aational Denny's
Restauraat aad identificatioa scheme for this particular
building style, therefore a benefit for the general aad
travelixig public.
2. Absence of both wall and roo£ signs would probably cause
inconvenience to the general public.
3. The proposed signage has been accepted by virtually all
neighboriag municipalities as being reasoaable.
4. The aeon roof lightiag will provide some small beneficial
effect by providiag additional lighting to the parking areas
and sidewalks.
~~iin 2'HE FOLLvwuw CONDITIONS:
1. All proposed wall signs will incorporate the shroud
construction i1lusCrated in drawiugs provided by the
applicaat.
2. The neon will occur oaly on the horizontal ridge of the roo£
as illustrated ia photos submitted.
VOTS: YSS: Abbott, Echelmeyer, Hovland, Juaker, Rossillon and
Walker
110 a Pione
. Request as.r~...ed by a vote of 6-0.
DATSD this 8th day of December, 1994.
,~.~ ~~ . ,~,~, _ ~.~~`cc~~~
SIISAN J~~~~,(Chairman Ma u Chapla, Se retary
Board of Adjustment Board of Adjustment