HomeMy WebLinkAboutWA-94-3The City of
~1Vheat ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
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Applicant (?3!0 W ~- ~phone~7~'-~{[b7
Owner ti~,,~g Addres's Phone
Location of request ~„ ~ / ~oF~[~.>
- //~Ll>~1.~ /(/C'~Cmw/ ,., iii,,,
Type of action requested (check one or more of the .actions listed below
which pertain to your request.)
Change of 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.
d
request
t
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
~ ~b
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 powerZO -attorney from the owner
which approved of this action on his behalf. ~~ (ir,
Sigma-~,~:~f Applicant ~S<p~ `l ~` S~e.~X i~,~~~~-a-~
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;~ °'s~,~sc~~.t~e~ci and sworn to this ~-H.~ of G~~!
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"`...SEAL ~" + Notary Public
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Date ~'ed ~_~,c~« Receipt No._~,/Z,~'~ Case No.
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List a1Tt persons°an~ comp n3es w o d fan interest i the describe area
property, as owner, mortgagee, lessee, optionee, etc.
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RELEASE OF MORTGAGE
In consideration of the payment of the debt secured thereby, the
receipt of which is hereby confessed and acknowledged, the undersigned
does hereby release that certain mortgage dated January 26, 1956 in the
amount of TWENTY SEVEN THOUSAND FIVE HUNDRED AND NO/100 ($27,500.00)
DOLLARS made by BOULEVARD CONGREGATIONAL CHURCH to the undersigned, which
is recorded in Book 986 at Page 276 as Document No. 639283 on March 26,
1956 in the office of the Recorder in the County of Jefferson, State of
Colorado on the following described real property located in said Jefferson
County and State of Colorado, to-wit:
The East L2 of the'West 1/2 of the NW 1/4 of the SE 1/4
of the SW L4 of Section 25, Township 3 South, Range 69
' West of the 6th p.m., EXCEPT that part conveyed. in Book
104, Page 319 of the records of Jefferson County.
Dated this 18th day of.Nodember 1971.
CNtr!](yr' THE CONGREGATIONAL CHURCH BUILDING SOCIETY
~.: ,y~;,• Richard H. Dubie, Treasurer
Ruth E. King,,As$istant Secretary
STATE OF NEW YORK )
SS
COUNTY OF NEW YORK)
The foregoing instrument was acknowledged before me this 18th day
of November 1971 by Richard H. Dubie Tre
A_asistant Secretarv of THE CONG G TiONAL CHURCH BUILDING OCIETY,
a corporation.
Witness my hand and official seal.
• w ,. ~,,
1. i
DOROTFIY J. RR!iWN
IVctary Fuhlir:, S' ~1^. of !'derv YcPk
dVo. Al-08n57si5 Qna f;)ori in C?n^.r,,,, Ct;.
Cert. Filed in fdoty Yor?: County
' Commission Expires March 30, 1973
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~~ . 31.f~239
.....o'clock-.....__..3L, -
'Recorded at.-....~.-•--• _--„-gecorder.
Reception No_....-._.-.___.__.-.
That, Whereas, LAWRI•~NCE SCfIUFdiMAN and MILllRED F.
j{NOW ALL MEN BY'rgE5E PRESENTS, SCI1ERPlAN, his wife
Jefferson , in the State of Colorado, by
County of of March A. D. 19 56
of the th day
that certain DEED OF TRUST dated thClerk and Recorder of the March
and duly recorded in the off'lne the Stat of Colorado, on the 9th day of
Jefferson County records, on page
County of Jefferson of said County of
A. D. 19 56 '; in book 983 trust to secure to the
X35 , conde9edto the Public Trustee in said
Jefferson ,certain real estate in said Deed of Trust described, in
order of INDUSTRIAL FEDERAL SAVINGS AND LOAN ASSOCIATIoUBes of said trust have been fully
the payment of the A6 eSaid indebtedness has been paid and the pure
AND WHFrRT~ said Deed
satisfied; - At the request of the legal holder of the indebtedness secured by
i NOW, THEREFORE, public
1 and in consideration of the premises, and in further consideration of the sum of Two oars,
of Trust, acknowledged, I, as the ~ do hereby remise,
-+ to me in hand paid, the receipt whereof is County of Jefferson successors
nit-claim unto the present owner or owners of real estate and unto the eu~s,
Trustee in said
release and q title and interest which I have in a to>~atr19
in said Deed of Trust mentioned; a'nd more p
and assigns of said owner or owners Forever, all the rrg ,
said real estate, as to-wiPublic Trustee,
described as follows,
The North 135.64 feet of Part of Block b, Amended Plat of Hendersoncs
Subdivision, described as follows: Beginning at a point 100 feet North of
thence West a distance of 140.35
of land (blow known as Laccar
the Southeast corner of said Block 6, 8 thence North along the East
feet more or less to the East lines e 3 3iriP oint
Street) as described in book 434 P g 64 feet more or less to the P
line of Lamar Street a distance of 535• feet to the East line of
of intersesou~h line ofeWest 29th Avenue~f14o53529th Avenue,o nt of East
along the thence South 535.64 feet more or less tOetherpwith five
said Block 6, State of Colorado, tol,
beginning, County of Jefferson,
shares of capitol stock in the Consolidated plutual Water Compan,
Jefferson and State of
County of
situate, lying and being in the
Together with all and singular the privileges and appur-
Colorado. these presents, to
TO RAVE AND TO HOLD ems' Sgnd further, that the said Trust Deed is, by
tenances thereunto belonging released, cancelled and forever discharged. A, D. 19 69
be considered as fully and absolutely day of F bros.
WITNESS my hand and seal, this 2~ih f~^~~f9F~~- -----(SEAL)
.. ..._--
_ _ .,-.-..: - County o1
- - Publle T,vetee la add Jefferson
-Ae the
OF COLORADO, 1~
KD~,,rrlt, `,..`°
No. 935.
,y of Jefferson
The foregoing instrument was acknowledgeAd D f1969 e t by
24th say of February
;lea Bush County of Jefferson ,Colorado.
as the Public Trustee in said
Witness my hand and Official Seal.
~~~mission expires April 16, 1971
14fy Commission
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--_._~-.-.:-•--.~y-itr-~' L..---..~ ~ Notary Public.
County of ~el1 Gl o~,.
pia I
~!,eleas~,~er~~ FEDEi?ALeSAVINGy`.'~thNDbLOAN AaSOCIATI0No0F DE41JERng
deral Savir:, and oan Association
"' - Industrial
='= formerly:
C- mac' ----__..
The legal holder a the indebtednees secured by said Deed o1 True
:. By ~--.-.-._._-.- .
2'Q~ft
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W ESt 29th AVENUE
S' - G -I _, G - - - G -
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~C,,~.~~ ~ 11= >~' f r" '" ' ~ ~ E~' ~~ ~ ~.~~ ~ C:~"~L..-- ~ ~~ CRH. D SPEC ALISTS
3000 YOUNOFIELD STREET
SUITE 286
LAKEWOOD, COLO. 80215 '
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.' 1474
Recorded at. ..9i05o'clock...A'...hf..M°:y,.8,..1962.... _....._... ,_
.~°""~ Reception No........2b~S.~.7...... .Robert W. Newtom ,Recorder.
RECORDER'S aTAhIP
D~RD OI' TRUST
THIS INDENTURE, Made this lkth day of May
A. D. 13G 2, between Wllls'AT 1tIDtlE CORORIS'GAT:COIlAL CIJORCH, '
a Colorado IJon-Profit Corporation '
a corporation
duly organized and existing under and by virtue of the lows of tho State
o[ Colorado ,whose address is in the County of Jeif'erson ,
State of Colorado, of the first part, and THE PUBLIC TRUSTEE of the
county of Jeii et•son in the State of Colorado, party of the second part,
6VITNESSETH, That Whcrons, the party of the first part has executed one promissory note bearing even
:.iatu hr•rewirit for trte sum of
- - - OFIE IIUJJllf?~D SIX T][UIJSAtll) At1D IJO~lOU _ _ _ _ _ _ _ _ _($ 106, 000.0(!) Donara
payable to the order oY COI.Uh1BIA SAVINGS & LOAN ASSOCIATION, (hereinafter referred to as the Association
or beneficiary) whoso principal office is in Denver, Colorado, with interest thereon and payable in nt;~ntltly install-
ments of principal and interest as in 1;hc note provided, commencing on the first day of Deoetnl)er , 13G 2,
cc•ith the final installment, if nut sooner paid, due and payable on the first day o£ November , 19 77 ,
In addition to the monthly payments set forth in said Promissory Note, party of the first part also agrees to
pay each month to the Association, concurrently with the monthly payments on said note, one-twelfth of the sum
of the annual General and Special Taxes assessed and levied on the hereinafter described real estate, and onc-
twelfth of the annual insurance premiums on improvements, which fund shall be retained by the Association and
commingled with other such funds, or its own funds, for the payment of such items when charged or billed without
further inquiry. If there is any delinquency in the payments due under said note, the said fund may f'.^st be applied
by the Association to pay such delinquency. The party of the first part shall provide the Association with proper
statement of taxes sad insurance premiums before tho due date thereof. Any overage in said fund so paid in, may
be applied to reduce said indebtedness and in case said fund is not sufficient to pay the same each year as the snore
become due, tho party of the first part shall promptly pay the deficiency to the Association and if not so paid at
once, the Association may at its option declare the entire indebtedness due and payable or may eltarge the deficiency
to the loan, which shall to subject to same interest and penalties as principal indebtedness; sad provided further,
that if said estimated monthly installments are insufficient to pay said taxes and insurance for each current year,
said Association upon notice may increase said monthly payments sufficiently to meet the taxes and insurance each
year and said party o£ first part agrees to pay said increased monthly payments on said taxes and insurance.
The aggregate of this payment and the instalhnent of principal and interest as in tho note provided constituting
the total monthly installment payable may, at the option of the Association, be applied in the following order:
To the said fund for the payment of taxes and hazard insurance, to interest on the unpaid principal balance, and to
amortization of the principal of said note. '
And ~5'hereas, said note provides for additional advances at the OPTION of said Associution, and it is specifically
agreed that all of the covenants and agreements therein shall be made a part hereof and that any additional advances
made by said Association to the tnalcers or its successors in tiCle shall be a part of the indebtedness secured hereby,
provided that this deed of trust shall not at any time secure more than $ 1U6, 000.00 plus interest and costa
and any advances necessary for the protection of the security, (unless party of first part executes and places of
public record an acknowledgment that a larger sum shall be eecured hereby).
And Whereas, said party of the first part is desirous of securing tho payment of the principal at.3 interest and
sll other soma due under the terms and conditions of said note and this deed of trust, in whose hands soever the said
note may be.
NOW THEREFORE, Said party of tlto first part in consideration of these premises and for the purposes afore-
said, does hereby grant, bargain, sell sad convey unto the said party of the second part, in trust forever, the following
described property situated in the said County of Jetfer>On and State of Colorado, to-wit:
464
EAST 1~2 OF ?d33T lfL UP' tJ4~ 1~4 U}' SE 1~4 UT' StA 1~4 Uh' SF.CT'IUII 25, TO1lIdSlJIP
j SOlJT11, RA;1tlE G9 4lLST EXCLi''f T]IAT PAIfP CUE1VLYl sD TU JEfrEIZSUiJ CUIJ:JTY POR
A COli[1TY Il.U;1D AS DBSCRII3I:D Ilt DIiLD ItECUi2DIsD IPI I30UK 104 AT PAGl's 319.
otherwise known as and numbered 6310 4fo3t Z9th Avttnue. l•7heat Midge, CUloriid0
TOGETHER with all bv3lding materials sad equipment now or hereafter delivered to said premises and intended
to be installed therein, and all buildings, improvements, fixtures or appurtenances now or hereafter erected thereon,
including all apparatus, equipment, fixtures or articles, whether in single units or centrally controlled, uses to supPiy
heat, gas, air conditioning, water, light, power, refrigeration, ventilation or outer services, and any other thing now or
hereafter therein or thereon ills furnishing of which by lessors to lessees is customary or appropriate, including
screens, window shades, storm doors and windows, attached floor coverings, screen doors, venetian blinds, in-a-door
Gods, awnings, stoves and water heaters (all of which are declared to be n part of said real estate whether physically
attached thereto or not) ; and also together with all easements and the rents, issues and profits of s¢id premises
which are 3tereby pledged, assigned, transferred and set over unto the Beneficiary.
TO HAVE AND TO fiOLD the said described premises, improvements, fixtures, apparatus and equipment,
together with ail and singular the rights, privileges, hereditaments and appurtenances in anywise appertaining or
belonging thereto.
IN TRUST NEVERTIIELESS, ~Thnt in case of any default hereundet• by party of the first Part or its suc-
cessors in interest, according to the tenor and effect of said note and this deed of trust, or in ease of default in the
payment of any prior lien, time being of the essence, the Association or the legal holder of the indebtedness secured
hereby may file notice with party of the second Part declaring such default and its election and demand that said
property be advertised for sale and sold in nccord¢nce with the statutes of the State of Colorado in such' cases made
and provided;•nnd thereupon said party of the second part (the Public Trustee) shall sell and dispose of said premises
(en masse or m separate parcels, as said Public Trustee may think best), and all the right, title and interest of the
said party of the first part, its successors or assigns, therein, at Public Auction at the
front door of the Court Ifouse in
County of Joffersoq ,and State of Colorado, or on said premises as
may be specified in ills notice of such sale, for tits highest and best price the same will bring in cash, four weeks
public notice having been prevIovsly given of the time and place of such sole, by advertisement, weelcly, in some
newspaper of general circulation at that time published in said County of
JtlfferSOri ,and State of Colorado; copies of said notice shall be mailed in accordance with
the statutes of Colorado Governing sales of real estate by Public Trusts _, and said Public Trayfae shuricha led, the
give to ills purchaser o.f said property at such sale, a certificate in writing, describing such property P
sum puid therefor stud the time when the Purchaser (or other person entitled thereto) shall be entitled to a dec•<i
therefor, unless the same shall be redeemed as provided by law; and said Public Ttvstee shall upon demand by the
party holding the said certificate of purchase, when said demand is made, or upon demand by the party entitled to n
deed to and for the Property purchased, at the time such demand is made, the time for redemption having expired,
make and execute to such party a deed to the said property purchased, which said deed shall be in the ordinary form
of a conveyance and shall be signed, acknowledged and delivered by the said Public Trustee as grantor and shall
convey and quit-claim to such party or parties entitled to such deed, as grantee, tits said property purchased as
aforesaid, and all the right, title, interest, benefit and ec)uity of redemption of the party of ills first Part, its succes-
sors and assigns therein and shall recite the sum for which the property was sold and shall refer La Lhe power of sine
herein contained, and to the sale made by virtue hereof • and in case of an assignment of such certificate of purchase,
or in case of the redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall
also be referred to in such deed; but the notice of sale need not be set out in such deed; and ills said Public Trustee
shall, ottt of the lroceeds of such sale, after first paying and retaining all fees, charges and costs of making such sale,
pay to ills Association hereunto or the legal holder of said note, the principal and interest due on said note, according
to the tenor and effect thereof and all monies advanced by the Association or legal holder of said note for insuratwe,
taxes, assessments, repairs ani~ other charges with interest thereon at ten per cent per annum, rendering the overplus,
if any, unto the said party of the first part, his Iega! representatives or assigns; which sale and said deed so made
shall be a Perpetual bar, both in law and equity, against the said Party of the first part, its assigns and successors
fit interest and all outer Persons claiming the said Property, or any part thereof, by, from, through or under the
said party of ills first part or any of them. The Association or the holder of said note may purchase said property
or any Pnrt thereof, and it shall not be obligatory upon the purchaser nt any Bach sale to see to the application of the
purchase money. If a release deed be required, it is agreed that the party of the first part, its assigns or successors
in interest will pay the expense thereof.
And the said party of the first part for itself and its successors, executors and assigns, warrants title to and
possession of the e»cuntbered premises and hereby waives homestead exemption and all other rights now vested or
hereafter acquired sail further warrants that said premises are £ree and clear of all liens and encumbrances, except
general taxes for ills existing year, and the above bargained premises in the quiet and Peaceable possession of the
trustee, aggainst all anti every person oi• persons lawfully claiming or to claim the whole or any part thereof, it shalt
and will Wairnnt and Forever Defend.
THE SAID PARTY OF THE FIRST PART p'URTHER COVENANTS AND AGREES:
To pay promptly afl and singular the principal and interest and all other sums of money payable by virtue of
said note and this deed of trust on the days respectively that the same severally become due and to perform each and
every stipulation, ngreenient and condition in said note and this deed of trust; that in the event the Association sttnil
be or become liable for or obligated to pay any tax or assessment whatever under State or governmental law or levy,
for and on account of ills said note of this deed of trust securing the same, or the indebtedness represented thereby,
to Pay the Association at least ten days prior to.the due date of said tax or assessment, the full amount of such tax
or assessment.
To keep the improvements on said premises Insured against loss by fire, windstorm and such other hazards,
including war damage, as the Association may require, in such companies as desigtinted by the Association and
for its benefit, in an amount not less than the amount due the Association hereunder; and if ills insurer etecta
to pay a loss or damage in cash rather than to repair, rebuild or replace the property lost or damaged, the Association
shall have the option to apply the proceeds of such cash settlement of such loss upon the sum hereby secured up to
the full amount of the insured's indebtedness to the Association; all insurance policies on improvements on the real
estate hereinnbove described whether procured by the Association or the owner of the real estate shall be retained by
said Association with this note and deed of trust and every such insurance policy must have a mortgagee's clause
attached thereto in favor of said Association,
To use the proceeds of the loun secured hereby solely fur the purposes set forth in the application for loan.
iII~
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,l
~o pnY Prmnptly all taxes, assessments, levies, water rents, insurance Premiums and atl other liabilities. obliga-
Eons nnd encumbrances, including water and water company stock assessments for irrigation purposes ae tlicy
become due.
In the event of 4he sale or transfer of the real property herein described, nt the election of the Association or
looanemay be transferred andtassumed by the purchaserna reasonable feoefor suchlassumptionsmay begnssessadt the
1 Association said real estate, or commit, permit or suffer
in the event of any sale or transfer of the title to tide
all be deemed to have assumed and agreed to pay
not the instrument evidencing such sale ox transfer
property ana tiuofnthe first part deal with such new
notice top Y
deed of trust, including the payment or credit to surf
d indebte^£n the first Part's iiabilitY hereundereupon the
the first part vvithout In Y
indebtedness ~lereby secured. ur oses only (unless application for membership and lase
'That the said Premises shall be used for residence p P with nil
specifies otherwise) and not in violation of any covenant as 'to uses contained in the title to the property' herein
conveyed, or in violation of any municipal ordinance or of a state or federal statute. In event improvements are about
to be made uppon the premises herein described, the same and all plans and specifications shall comply
municipal onlinances and regulations or orders promulgated by lawful authority and upon completion conform to
rules of fire underwriters.
That the Beneficiary may collect a fate charge not to exceed five cents for each dollar of each laymen more
n meat is in arrears. If such charge, when exacted, is not paid on
than 15 days in arrears for each month said p. Y
demand, it shall be paid to the Association out of the tax and insurance fund.
In event the Association exacts a reasonable charge for its additional services upon the transfer ar assumption
to L e Assoc at ontoutiof he tax nnldi insuranceefundcorepaiddpruor to tlieeAssociation a ecut.iiig alrelease of this
Deed of Trust in ttie event the Association shall allow tho been commencedtland haveenot Been completes must fund
Not to alienate or encumber to the preludlce of tie
propertyl~herelna desci bed, su h Purchasersordnew owners
indebtedness o p~~~ ghandsthis eovennnt shall runhvithas~
expressly so ~p witl
indebtedness is liquidated; .nnd the Association maY,
o aersoof undisbursed trust funds an repayment in fu 1 of
• an way altering or discharging
That if any imp'
three months ipriox t
any part off the t tai
for a Period of ten d
due and payable or
vements, repairs or a;
the date hereof part!
he payment of tale cos
ar any other purpose;
ys or more; then said
id Association may to
the•first part r
the balance due
Rd E
or au
i loan
~tv of
have
first part will receive the proceeds of this oanlied before using
'improvements and tha osed improvvel~b },yorepairs or alterations
>rk ceases on any Prof
~e on of saidipremises and let ontract farior proceed with the
ions and pay the costs thereof out of the proceeds of money
t should the cost of completing said improvements, repairs or
at to jie sameyrate ns PrinciP 1 imlebtednessd and secured by this
deed of trust, provided, however, such additional cost shall Uc repaid by said party of the f first part do said Assocm ion
udvaneed by the nssocmtlon a •- -
rePaira, or alterations; that said Party of tlic first part,
within ten days after completion o£ said improvements,
regardless of natural depreciation, will keep said property and the improvements thereon at all times in good condition
erform anY of the covenanu sconedmvands miyemonies Paid
and repair. That in case of failure of the first party to P
do on first Party's behalf everything so covenanted, and the first Party will repay, I
for any of the above purposes, and such monies, together with interest thereon, shall.become so much additional
indebtedness secured by this Trust Deed.
That ii any Part of said described property shall be condemned or taken for 1>ublic use under eminmit dom:un,
therefore shall be paid to lthelAssoc ati on and app ,ed upoin the indebtedness due ender said note and this deed of tiust.
That the Association shall have the right to file and defend suits nt the expense of the Party of the first I>nrt
and in is nar.'~r, for the recovery of damages m• to uphold the lieu of this deed of trust and preserve the Association's
rights hereunder, ;find all sums expended as costs of such litigation, or afl~~l of b e first part shalllbecomersloamucli
party of the first part upon demand or as maybe expressly arranged with the Association and such sums with interest
thereon at the rate provided in said promissory note, if not Paid by P
aoddinterestinttachinig or accruing subsequent to the lien hereof land such indebtednessrshall be pa d out o£ the proceeds ~
of the sale of the property aforesaid.
/~ To pay a prePaYment charge of nn amount equal to 180 days' interest at the rate Provided in the note on the
ainounts prepaid in excess of the minimum monthly installment Provided by the said note, unless the said note shall
~\ otherwise provide. a able as by the note
Prepayments on the indebtedness shad not reduce or Postpone regular instnliments P Y
provided but shall accelerate the maturity date of the indebtedness.
That if this deed of trust is foreclosed through Public Trustee, an additional sum of five Per cent of the balance
ballance oft he nndebtednessashall be taxedr as a partaof tl a costs of foreclosures In c se tof the commencen en 1of
collection effort or of a foreclosure by the placement of this instrument and the note it secures into the possession
of an Attorney for such purpose, the party of the first part will pay a reasonable attorney fee providing foreclosure
sale does n^t follow.
'Chat if the Party of the first part shall agree to carry insurance on his life for the benefit of the Association, as
an additional consideration for the granting of the loan secured hereby, then the Association may pay said premiums
and add each payment to the unpaid balance secured by this deed of trust.
to release or affect tl a of giinal l abl;ty ofttheiPartY tofetheifirst Part eithernin whale obitinepabt secured shall operate
Not to remove or permit to be removed from the Premises any buildings or improvements, or make any major
alterations of existing. improvements w:thovt the written consent of the Assoctata cnenttaccord'igiig toi tl et tensor and
That time is of the essence hereof nnd if defy=~Etlbiereoflor of a bre~chnln any of the covenants and agrcio~eed-
effect of said Promissory Note aforesaid, or any P then and in
herein or if Proceedings be instituted to enforce aor iftfirstlparty shall abaneplonta~nyrof said propei•ty~ a P
ing in baal:ruptcy by or against the first p<rty,
that case, the whole of the indebtedness hereby secured and the interest thereon may at once, at the option of tie
legal holder thereof, become due nnd payable nnd this Decd of Trust be foreclosed in Ehe manner nnd with the same
effect as if said indebtedness had matured.
That in case oC default, whrreby the right of forcclosare occurs horeandcr, Lhe b~iicticinry or Lhe hohler of t.ho
aforesaidcnndrtoethe rentss i. SV s acid Pr fitset ercof, frmnl the aceru~ngsofssachuright mxilduringttle piendencyi of
issvesoand profits shall nt onceebeodelivered to thetbenef caary or the holder of tl clindebtedness50r CCTtlflCaiiR~ofosti e
on request, and on refusal, the delivery of such possession may be enforced by the beneficiary or the holder of tie
any a ro riots civil suit or Proceeding, and the beneficiary or the
indebtedness or the ]solder of such certificate by pP P
isslues andhprofits t ereof~nfterlanytsuc pdefault, includingntheetimeacoveredeb}' foreclosureeProceedings and tlio
period of redemption, If any there be, and shall be entitled thereto as a matter of right without regard to the Ilcation,
or insolvency of the party of first part or Dieted b eany court df conipetentt]ur sdiction uponoexrpartetapp ague of
the property, and such P.eceiver may be app y ,
and without notice, notice being hereby expressly waived, and the appointment of aiiYthrou he or under itnanduall
behailf of E 6uccessors,cassigns and legal representativesi andrall personsc laim ng by,on its gown behalf and on Elie
rents, issues and Profits, income and revenue of said Property shall be applied By such Receiver according to law ~
1
and the orders and directions of the court. '
Notice of the exercise of any option granted herein, or in the note secured hereby, by the beneficiary is not
required to bo given, the party of first part hereby waiving any such notice. +
That all' of the covenants and agreements herein contained, shall extend to and be binding upon the legal
representatives, successors and assigns (whether voluntary or involuntary by operation of Inw) of the respective
pnrties hereto. Whenever used, the singular shall include tho plural, the Pim~al the singular, and the use of any
gender shall be applicable to all genders. ~
I
A release of this deed of trust shnll release any assignment of rents given as additional security. ~ ,
IN WITNESS WHEREOF, the said art of the first part has caused its corporate name to be ¢~~,cunto ,l ~~
Ly /L~1 J~,S~',>r}~ of Church;{ ~
subscribed by its (`h~11)~inan ~ ;' ~ kt1C""~~r~~~'~~~te seal to be hereunto affixed, attested by its p'~ratie~erk I
the day and year firs a ove ~bri ten. _ _ 4JIIEAT RII)GF CUId(iRPGATIUiJAL CUUItCI{, ~
(Corporate Seat) .11...Cplar:~.da_tiun-P.x~o£iL..Cor.{~arakinn . -'~~......... j ,
By.~afnelbe_rt.-_Parker_-___ ...................--~-o rustees t
Delbert P<zr'ker, Chairman Doard x£ ~
ATTEST: ~s~ Theo [ison ~
............_.._....._......_.__...._.__..,_... _.__.......~__...._._,.._.._. 1 .
Theo Iison (Clerk ~£ Church) Corpolsa~~ot~rt~Clcrk
sTATE oF•coroltano, 1 ',
} es. '
City & County of Denver 111
The foregoing instrument w.as acknowledged before mo this 4th dny of P1Ay~, ~~ ~ 1 0 1 ~~
1'J 62, by DPLDf~RT PAILICliIt, (,luii man, S3oar~! opp ~~rn~dtoe3 ~, (Clerk oi, ~, ch ~ or ~GierKO~'
. ~~ u.CS~ttOi.,~ TI[EO E~U1J~
of lJl{F.AT RIIXili C01J(IItF,GATIUIdAh CIiURClI, a , a corporation. ,
Colorado idon-Profit Corporation
My commission expires December 5i 1963
WITNESS my hand and official seal.
(SEAL) lsl Albert l"~.-_Crumbau~h„_._„--,_.__,,._„-_--._,..
Notary Public
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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, April 28, 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, ~~^e No TUP-94-1: An application by Bruce Kupfer for
approval of a Temporary Use Permit to allow retail sales and
storage on property zoned Agricultural-One. Said property
is located at 4590 Kipling Street and is legally described
as follows:
Beginning at the southwest corner of Tract 13, JUCHEM'S
GARDEN PLACE; thence north along the west line of said
Tract 13; 36 feet; thence east on line parallel to'
south line of Tract 13, JUCHEM'S GARDEN PLACE, to
center line of Third Street; thence south along center
line of Third Street 66 feet to center line of Flora
Street; thence west along center line of Flora Street
to a point which is 30 feet south of the southwest
corner of said Tract 13; thence north tlaceeo£ uthwest
corner of said Tract 13, which is the p
beginning intending to convey the south 36 feet o£
Tract 13, JUCHEM'S GARDEN PLACE, together with 1/2 of
the vacated streets adjoining thereto, all situate in
Section 22, Township 3 South, Range 69 West, except
that portion of the above described property described
in Deed recorded in Book 3175, at Page 522.
2, r'~ro No WA-94-3: An application by Wheat Ridge United
Church of Christ for approval of a 10' variance to the
required 10' setback for a free-standisglocatednat 6310 W.
Residential-One zone. Said property
29th Avenue and is legally described as follows:
East 1/2 of west 1/2 of NW 1/4 of SE 1/4 of SW 1/4 of
Section 25, Township 3 South, Range 69 West except that
part conveyed to Jefferson County for a county road as
described in deed recorded in Book 104 at Page 319
V ~, ~~
Mar L u Chapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: April 12, 1994
Wheat Ridge Sentinel
L
P.O. BOX 638 TELEPHONE: 303/237-6944 The Clty Of
7500 WEST 29TH AVENUE WHEAT RIDGE, OOLORADO 80033 cWheat
Ridge
April 12, 1994
This is to inform you that Case No. T^'A-94-3 which is a_request _
for approval of a 10 foot variance to the required 10 foot setback for a
free-standing sign
for property located at 6310 W. 29th 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_ April 28, 1994
All -owners and/or- their legal counsel of the parcel under
consideration mu 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
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WHEAT RIDGE CONGREGATION, UNITED CHURCH OF CHRIST
6310 W. 29th Avenue, Denver, CO 80214
Adjacent Property Owners
Ronald W. Selstad
2890 Lamar Street
Denver, CO 80214
Dorothy Nell Wheat
2740 Lamar Street
" Denver, CO 80214
Jack W. Steinmeyer
2730 Lamar Street
Denver, CO 80214
Douglas A. Spence
2720 Lamar Street
Denver, CO 80214
Hubert H. Bauer
2700 Lamar Street
J Denver, CO 80214
James N. Mazquez
2698 Lamar Street
Denver, CO 80214
Danny J. Hersman
~~ 2696 Lamar Street
Denver, CO 80214
Victoria S. Duncan
~ 6345 W. 29th Avenue
Denver, CO 80214
Erwin JagQ
.2905 Ken~zll Street
"` Denver, CO 80214
City of Edgewater
(Kendall Streetl
Denver, CO 80214
Kinnickinnic Realthy Co. (011 & 012)
6203 W. 26th Avenue
Denver, CO 80214
Berger Sherolyn Sigmas
6200 W. 29th Avenue
Denver, CO 80214
Lillian L. Fleming
Clarence W. Flemtng
6363 W. 29th Avenue
Denver, CO 80214
Aldo Capaldo
6285 W. 29th Avenue
Denver, CO 80214
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date Prepared: April 21, 1994
Date of Meeting: April 28, 1994 Case Manager: Greg Moberg
Case No. & Name: WA-94-3/WHEAT RIDGE UNITED CHURCH OF CHRIST
Action Requested: Approval of a 10' variance to the required 10'
setback for a freestanding sign in a R-1 zone
district.
Location of Request: 6310 W. 29th Avenue
Name & Address of Applicant(s): W R United Church of Christ
6310 W. 29th Avenue
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
------------------------------------
Approximate Area: 1.6 acres
Present Zoning:
Present Land Use:
Residential-One
Church
Surrounding Zoning: ~: W:, & ~: Single Family; ~: Edgewater
Surrounding Land Use: ~: W:, & ~: Residential-One; E: Edgewater
---------------------------------------------------------------
Date Published: April 12, 1994
Date to be Posted: April 12, 1994
Date Legal Notices Sent: April 12, 1994
--------------------------------°---- ----------------
ENTER INTO RECORD•
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Slides
( ) Subdivision Regulations ( ) Exhibits
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 NO. WA-94-3 Page 2
I. REQUEST
The applicant is requesting approval of a 10' variance to the
required 10' setback for a freestanding sign. Approval would
allow a proposed freestanding sign to be located within the same
location as an existing freestanding sign.
II. SITE
The Church currently has an existing freestanding sign located
adjacent to West 29th Avenue with no setback from the property
line. They would like to replace the existing sign with a larger
proposed sign (see attached) in the same location. The planter
box would remain surrounding the proposed sign as it did the
existing.
The existing sign is 13 square feet in area, 4'9" in height and
located within 7' of the parking lot driveway. Section 26-
30(I)(2) states that no sign over the height of 42" shall be
established or maintained within the 15' sight triangle of -the
intersection of a driveway and public street. Therefore existing
sign is currently located within the 15' sight triangle. No
permit has been issued by the City of Wheat Ridge for the sign
nor the church itself. It is therefore assumed that the building
and sign predate the City of Wheat Ridge. The proposed sign is
to be 24 square feet in area and 6' in height and again located
within 7' of the parking lot driveway.
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?
The property has been used for many years 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?
A unique circumstance could be considered because an
existing sign is located in the same spot as the proposed.
However, this site is under the same constraints as are all
other church properties within the City; and
3. If the variation were granted, would it alter the essential
character of_the locality?
Approval of the variance probably will not alter the
essential character of the local neighborhood as the
proposed sign is located in the same place as the existing,
however, the proposed sign is 10 square feet larger than the
existing; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-3 Page 3
4. Are there any particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship?
There is a 1' in 6' drop in grade from the north to the
south therefore a hardship could be considered; 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 unique circumstances or hardships could be
considered, the conditions upon which the variance is based
are not applicable to other properties within the same
zoning classification; and
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property?
The purpose of the variation is not based exclusively upon a
desire to make money but to save money as the existing
planter can be reused; 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?
The granting of this variance will not be injurious to other
property or improvements in the neighborhood; and
9. Will the proposed variation would 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?
As per Section 26-30(I)(2), no sign over the height of 42"
shall be established or maintained within the intersection
of a driveway and public street. Therefore the granting of
this variance could increase the danger of public safety as
the proposed sign would be located within the 15' sight
triangle.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-3 Page 4
IV. CONCLUSIONS AND RECOMMENDATIONS
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
1. As the property has been used for many years as a church,
the property can yield a reasonable return in use, if
permitted to be used only under the conditions allowed by
the regulations for the district in which it is located; and
2. As per Section 26-30(I)(2), no sign over the height of 42"
shall be established or maintained within the intersection
of a driveway and public street. Therefore the granting of
this variance could increase the danger of public safety as
approval of this request would allow a dangerous situation
to continue and in fact would allow a higher sign to locate
within the 15' sight triangle.
For the reasons stated above, staff would recommend that Case No.
WA-94-3 be DENIED.
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PUBLIC HEARING SPEAKERS' LIST
CASE NO_: WA-94-3 DATE: April 28, 1994
REQUEST: ~ application by Wheat Ridge UnitQd_.Church of Christ for approval of~~'~
aid a 10' setback for afree-standing sign in a Residential-One zone district., Said
property is located at 6310 W._29th Avenue. r
Position On Request;
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WfiEAT RSDGE BOARD OF ADNSTMENT
MINUTES OF MEETING: April 28, 1994
Page 10
awe I7-o'-4779-4 ?• ~ An application by Wheat Ridge United
Church of Christ far approval of a 10' variance to the
required 10' setback for a free-standing sign in a
Residential-One zone. Said property is located at 6310 W.
29th Avenue.
Greg Moberg presented the staff report:--All pertinent
documents were entered into record, which Chairman ROSSILLON
accepted.
Board Member BERNHART asked since a 10' variance is
requested for-the 10` required setback is the current sign
on the property line, and Mr. Moberg answered the planter is
on the property line so in a sense there is a zero lot line
setback.
Board Member BERNHART commented the new sign looks larger
than 13 square feet, and Mr. Moberg said he did measure the
sign. The planter is included and was measured from grade
to the top of the sign.
Board Member BERNHART wanted to know if there were any exit
or entrance signs;-and Mr. Moberg answered one small
entrance sign, but if this request is approved we are asking
for the sign to be a little bit larger.
Board Member BERNHART asked then if the sign would be about
a foot taller than the one currently there, and Mr. Moberg
replied yes, the applicant cannot go over 6' in height.
Board Member BERNHART stated the size of the sign is not the
issue; only the setbacks. Mr. Moberg said the sign meets
...height and area requirements it just does not'-meet the _.
setback requirement.
Board Member ROSSILLON asked if we could stipulate in our
motion about the one way sign needing to be enlarged for
people coming from the east or the west, and Mr. Moberg said
staff would recommend that be one of the conditions if
approved.
No further questions were asked of staff.
The applicant, Ron Hoisington, 3281 Alkire Court, Golden,
CO, was sworn in. Mr. Hoisington is a member of the Wheat
Ridge United Church of Christ and was asked to represent
them. He agrees with staff and has no objection to
replacing the small entrance sign. Entered into record
labeled Exhibit 'A' and Exhibit 'B', were pictures .and
copies of the proposed sign.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 11
Mr. Hoisington said the church has been at this location for
approximately 40 years and the sign was permitted in
Jefferson County under their rules and regulations during
that point in time. The church is in mid-block and sets
between residences on either side. There is the one way
going in on one side and out on the other side. From the
cost standpoint, it is in the best interest for us to
request this particular variance because if we had to change
the existing conduit for lighting it would be very expensive
for the church and not to the best interest from the
standpoint of the visibility of the sign.
Mr. Hoisington said they are here in good faith to request
this variance to keep the sign pedestal as it is right now
with the setbacks as they are. This is the only sign the
church has had for approximately 30 years. We do wish to
enlarge the sign slightly and get a little different
graphics on it and keep the cost within the ability of the
church to afford.
Chairman ROSSILLON asked if there would be any lighting, and
Mr. Hoisington said the existing sign has ground lighting
but the new one will have internal lighting.
No further questions were asked of Mr. Hoisington at this
time.
Victoria Duncan, 6345 W. 29th Avenue, was sworn in. Ms.
Duncan wished to express a few concerns as a property owner
and living right across the street from the church feels
they are more affected by what is going on. Ms. Duncan said
this church sets there 7 days a week even though the
.,.x...._„. ;, .; congregation is there on limited occasions.: As a practical
matter that one way street is not a one way street, people
pull in and out of there all of the time.. If they plan on
changing the sign, the sight triangle would be a concern.
She feels putting up a new sign has to do with declining
attendance of-the church and is concerned about marketing
and advertising on W. 29th Avenue. When you look down the
street there are lots of lovely trees and landscaping and it
looks like a residential street and she does not like
encroaching signs taking away from that view.
Ms. Duncan asks whatever sign they do put in she hopes they
use good taste and judgement. Some of the trees that block
this sign belong to the church. She said she is not opposed
to the sign but wants to make sure some of her concerns are
addressed. She cannot see how their conduits and footings
they. have in the current planter can be that much affected
if they were t6 come back another foot or two from the
property line. Another concern is-they will going from a
wooden sign with a landscape light to an internally lit
sign, it will kind of 'mega' light that area.
WHEAT .RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 12
Ms. Duncan continued saying the back part of the property
has a lot of graffiti .and the back lot is kind of a mess.
She does understand what the church is trying-to do, but
also hopes the Board considers her concerns.
Board Member ABBOTT said the sign would be limited to what
is proposed in the drawing and would she accept that sign if
it was externally illuminated, Ms. Duncan said the sign is
attractive to her and guesses she has no problem with it.
No further questions were asked of Ms. Duncan.
Ron Selstad, 2890 Lamar Street, was sworn in. Mr. Selstad
lives just this side (west) of the church and bought his
house from the church 14 years ago. They have been a good
neighbor and his only concern is them doing a little bit.
more to control the one way in and out. He has no problem
even though his back porch and yard looks at the sign.
There is a bright light there now, but it does give some
security and he has no objection to what the church is
proposing to do. -'
No questions were asked of Mr. Selstad.
David Eckman, 6345 W. 29th Avenue, was sworn in. Mr. Eckman
and his wife (Victoria Duncan) said they are not trying to
do anything to limit the church, his only concern is the
internally lit sign and if it is intended to be lit 24 hours
a day. Mr. Hoisington answered the sign is intended and
designed to be lit in the evening hours and will be
extinguished at 10:30 p.m.
No,questions.were asked of, Mr. Eckman. ,, .., .
Timothy Merrill, 8657 W. 20th Avenue, Lakewood, was sworn
in. Mr. Merrill is the minister of the church and has been
for four years. He said he appreciates the neighbors being
here tonight to express their concerns and to let them know
we share them also. The neighbors are absolutely right
regarding the one way situation and he will support the
efforts in making that a more intentional one-way situation
and exiting on the other side. The graffiti is a very
recent development and they are trying to stay on top of
that, the Wheat Ridge Police have been notified and they
will be painting it as soon as they can. The parking lot is
not what they'd like it to be and they are working on ways
in which to get that upgraded. Mr. Merrill said they do not
want the sign lit 24 hours a day, just simply to be visible
when traffic flow is heavy in the morning and evening hours.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 13
Chairman ROSSILLON asked if the child care center was still
there, and Mr. Merrill answered no, it closed in 1990 so
there is much less traffic. Jefferson County does hold
parenting classes there and other meetings during the week
as well. This church has existed since 1882 and was at the
corner of Federal Boulevard and 26th Avenue, but the
congregation moved out here in the late 50's.
Board Member BERNHART questioned if there were any signs
once you are in the parking lot directing you to the
appropriate exit, and Mr. Merrill answered no. Board Member
BERNHART said he feels this is a total .thing and once you
drive in there you need to know to go out the back but was
concerned if there would be a proliferation of signs that
say entrance and exit.- Mr. Merrill said with the angle
parking on the side it is quite clear the way to get in is
not the way you get out. They can make it more clearly
identified as being a one-way with a sign that is attractive
and non-cluttering. Mr. Moberg suggested asphalt painting
could be done which might help direct drivers instead of
signage.
Motion was made by Board Member ABBOTT, that Case No.
WA-94-3, be APPROVED for the Following reasons:
1. There is a unique circumstance because the existing sign
is located in the same place as the proposed one.
2. Approval of the variance will not alter the essential
character o£ the neighborhood. However, the proposed
sign is 10 square feet larger than the existing.
3. A hardship could be considered_because there is a 1' in
6' drop in grade from the north to the south.
,.. .,,,4,_. Because unique circumstances. or a hardship is considered
the conditions upon which the variance is based are not
applicable for other properties within the same zoning
classification.
5. The purpose of the variation is not exclusively based
on the desire to make money, but to save money as the
existing planter can be reused.
WITH THE FOLLOWING CONDITIONS:
1. The existing driveway must remain one-way as it is
currently used.
2. Existing one-way signage for entrance and exit shall be
enlarged and made more visible. Additional driveway
painting may be required to insure compliance with the
one-way drive pattern.
3. The sign shall be installed as per the design submitted
in the application.
4. The sign may not be internally illuminated.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 14
Board Member ABBOTT stated he would agree with the neighbors
and if this sign was in his neighborhood he would consider
it very commercial and externally illuminated signs are
commonly used in residential areas.
Chairman ROSSILLON asked for a second to this motion.
Motion died for lack of a second.
Ron Hoisington spoke again saying when the church tried_to
design the sign they hired a sign consultant who checked the
regulations of Wheat Ridge, however, they did not check the
setbacks (which is what we are here for now). The sign has
been designed and they would like to obtain the permit
tomorrow, but now you are changing the total nature of the
sign which means it has to be re-designed. Mr. Hoisington
feels to single out this particular facility in reference to
other churches is a little bit incongruous and
'discriminating. The sign can be done correctly and kept in
a lighting pattern not looking like a commercial venture.
Mr. Hoisington does not understand why the Board would take
it upon themselves to discriminate against this form of
lighting for a sign.
Board Member ABBOTT responded saying this is not incongruous.
or discriminatory The other signs that you are describing
are not asking for a 10' variance to a 10' setback, and I
would find an internally illuminated sign less offensive i£
it were set back further. The fact is this sign is
virtually setting on the sidewalk is one of the reasons it
is offensive in a residential neighborhood. The neighbors
have not been living all of these years with an illuminated
sign.
Board Member BERNHART said there ma be a erception of the
church that somehow there ma be discrimination but what Mr.
to sa is thatywhen so
Abbott did not go on y meone comes in
for a variance, the Board of Adjustment has the right and
responsibility to place conditions based on what it hears
from the public and there is no intent to discriminate in
any way, shape or form against any form of religion just
because we have some sensitivity to what the community wants
in terms of a sign.
Isabella Nelson, member and financial secretary to the
church, was sworn in. Ms. Nelson does not 'understand why
they cannot have an illuminated sign that is tastefully
designed. Right across the street is an illuminated sign
within 10 feet. of the curb. M_s. Nelson feels the Sign would
enhance the community as well as making the church visible.
The sign has to be higher because the present sign is
blocked by the neighbor's fence and people coming from the
west cannot see the sign until they are right on top of it.
WHEAT RIDGE BOARD OF--ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 15
Chairman ROSSILLON thought she was eluding to the church. on
the corner of 29th & Newland and thought their sign was
externally illuminated. He feels the sign will look
commercial if it is white and illuminated.
Greg Moberg reminded the_ Board to point out the fact that
motion died and is not on the table anymore, so whether it
is externally or internally illuminated does not make a
difference because there is no motion on the table.
No questions were asked of Ms. Nelson.
Board Member BERNHART stated to the Board the only reason
the illumination is an issue is because they are seeking a
variance, but if they built the sign back 10' they could put
in illumination. Mr. Moberg said if they were building the
sign according to the code the lighting would have no
bearing on the case. However, because they have come in for
a variance, the Board has the ability to look at every..
aspect of the sign. If you feel an illuminated sign that
close to the street is obtrusive or bothersome to the
neighborhood, then that is what you have to .look at. The
reason for the setback is so it does not intrude on the
neighborhood. The church has asked for a variance, they are
approaching you, you are not approaching them.
Mr. Merrill spoke again saying he was sorry the word
discrimination was used and if you recall Mr. Hoisington did
search for a word to use to describe what he wanted to say.
What he was attempting to get at is that when we drive on
29th Avenue we do see the internal~y lit sign on the Spanish
Assembly of God Church all the time. It is an attractive
_.. ., ,, ..: .. ,.. .sign,an~,,w~.would like to have:. one like that. If the Board"
would set hours by which it should be turned off, we could '
live with that. If we cannot have an internally lit sign
then we will have to go back to the drawing board. Maybe we
can compromise-and work with the hours sa it is not
obtrusive with the community.
No questions were asked of Mr. Merrill.-
Mr. Selstad spoke again and said there are obviously two
properties affected by this, mine and Mrs. Duncan. The
illumination is not a concern for me and hopefully a
different sign might increase membership and that means
increased contributors to attend to some of the things that
need to be done.
No questions were asked of Mr. Selstad.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 16
Roland Booth, 1841 Garland Street, Lakewood, CO, member of
the church, was sworn in. Mr. Booth was on the committee to
select this sign. He spoke about the other sign being
vandalized and how kids set on the sign and pushed the
lights down in breaking the lights and conduits. Mr. Booth
said when the committee looked at a new sign, even though
you can't build one that is vandalism proof, they wanted to
try. instead of glass, the sign is a. flexible plastic
material. So if we put-the lights in the sign there will be
less tendency to have somebody stand on the lights; and that
is the reason why the request to have internal lighting.
No questions were asked of Mr. Booth.
Motion was made by Board Member BERNHART, that Case No.
WA-94-3, an application by Wheat Ridge United Church of
Christ, be APPROVED for the following reasons:
1. The sign will be placed in an existing planter and be
replacing an existing sign.
2. The size of the sign will comply with the Wheat Ridge
Sign Code.
3. Because the sign is adjacent to an entrance, it will not
have the impact on the 15' sight triangle that an exit
driveway would.
WITH THE FOLLOWING CONDITIONS:
1. The exit and entrance will be clearly marked with
appropriate signage visible in the evening.
2. There be arrows directing traffic to-the appropriate
entrance and exit.
.. 3. The illuminated sign be extinguished at 8.:00_p.m.
Chairman ROSSILLON asked for a second to this motion.
Motion died for lack of second.
Board Member ABBOTT suggested restricting the wattage of the
lights in the sign. Chairman ROSSILLON commented obviously
the problem is that we are talking about a sign that we do
not know anything about, and we are setting up here and
don't know if we like the sign or not and very skittish
about approving something that we or the neighbors don't
like. Board Member BERNHART added the Board is trying to
search for some compromise.
Board Member HOVLAND said he felt limiting the hours is good
but 8:00 p.m. is over restrictive.- It is not unusual for
the light to be lit until 10-10:30 p.m. and maybe the
residents aoross`the street might find that satisfactory.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 28, 1994
Page 17
Ms. Duncan said the sign they have used as an example is for
the Assembly of God Church down the street, and that sign is
not white, it is cream color or beige or a softening color.
She suggested changing from the stark white to a beige or
tan or cream color that would minimize the impact while it
is on and added to extinguish the light at 10:00 or so is
fine with her.
Board Member ABBOTT asked if she was talking about the total
background where the copy would go, and Ms. Duncan answered
yes.
Roland Booth spoke again saying the lighting is not neon.
They are florescent tubes and are a subdued light, not a
bright light.
Board Member BERNHART wanted to know the number or the
wattage was for these lights, and Mr. Hoisington said it is
on the sheet that was sent, but is not sure that tells you
everything you need to know.
Mr. Hoisington said if the white background would be an
issue they will search with the sign contractors for a
subdued color and having lights out at 10:00 would be
acceptable to them.
Ms. Nelson said there will be four 6' £lorescent lamps at
72G12 CWHO, whatever that means.
Mr. Hoisington's stated they would be very happy to
reconsider the plastic extericr and the illumination time.
Board Member ABBOTT submitted the-prior motion however,
deleting the condition of 'The sign may not be internally
lit' and substitute the following:
4. The background in the copy areas of the sign must
be similar to the tan or beige background used on the
sign at the Spanish Assembly of God church and the light
must be extinguished no later than 10:00 p.m.
Motion was seconded by Board Member BERNHART. Motion
carried by a vote of 5-0. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
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