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HomeMy WebLinkAboutTUP-97-4$HOPi'ING CENTER LEASE 'PI ITS i,F.ASE, Made and entered into this 5th day of March A.D. 1997, by and between BarkeleY Square Limited Partnership hereinafter called the "landlord," and Keith Dlanchard hereinafter rolled the "Tenant." WfPNPSSGTI[: WIIERC•AS, the landlord is the owner of the following described real estate, to-wiL• 4550 Wadsworth Boulevard NL/ F Wheat Ride Colorado 80033 ~ ems" of which the subject premises arc a part, and In considemlion oC the payment of the rent hcreina0er provided, and the keeping and performance of each of the covenants and agreements n t e said Tenant hereirtaRer set forth, said landlord dots hereby (ease unto said Tenant a store space, being o thou and two Iru tdred (1,200) square feet of outlined nn lheplot plan al4 chedt herb asrExhilid AsttogeltettwhhBappurtc ra cesrlhcreo ~lebelCong ng and liter igl t and pristcge of and furnthc palronss palm scrcustomers land employees of olheor lenanlls of the said sl opp ng centg facilities on the above-described real estate, [ogcther with and jointly with the TERM commencing at no nlof II 1st day of May)1997, and onl naing to noon of the 3lsntdaytof I~ 2000. for a period of three (, years d two (21 months BASIC RENTAI. 2 a, Tire Tenant covenants and agrees m pay a fixed minimum or base rental for snid premises for the full term aforesaid of 'IWenty-nine thousand six hundred sevcnly-six and not 100 Dollars (529 676.00 which amount shall be payable as follows: Rent Schedule S/ll97 - 7/1!97 50.00lmo. S/1197 - 7/31!98 Sg00/mo. - 8/1198 - 7/31199 S824/mo. 8/1!99 - 7131!00 5849/mo. in advance mr or before the firs[ day of each calendar month during said lenn at the office of the landlord, or al such Mltcr place or places as lltc [andlord may hereafter hx by notice to the Tertint. b. 'ILe Tenant egrets to pay as additional minimum rental a proration of the ad valorem taxes paid by the landlord as apportioned to the demised Premises by the landlord for each year during the term of this lease or as extended. Each year's tax, for the purpose of Ibis paragraph, shall be the total root estate taxes Paid by the landlord (or the shopping center divided by the local square footage oC rentable improvements situated in the shopping uare Cect of basement space, if any, shall be counted as one square fool of first Roor cenleq except that for the purpose of this wmputa[ion wch lhrce (3) sq space. Such amount of prorated real estate lazes shall he paid monthly. ARer the stropping center has been Cully assessed, tho proration shall be bas upon the most cuaenl assessment and mill levy. Upon receipt uC the real estate tax bill, an appropriate adjustment shalt be made. '1'he'1'enanl shat) be liable for all taxes levied against personal properly and Trade fixtures placed by the Tenant in [he demised promises. If any such lazes are levied against landlord or IanJlord's property and if landlord elects to pay the same or if the assessed value of LenJlord's property is increased by inclusion of personal property and trade fixtures placed by the Tenant in the demised premises elects to pay the taxes based on such increase, the Tenant shall pay to landlord upon demand Thal part of such taxes for which'I'enant is primarily liable. c If the payment of any rent or any other monies payable under Ute terms of this lease shall be more than ten (10) days in arroars, tlw enant agroes, upon demand of the landlord, to make a Tate payment charge equivalent to fi0een per cent (IS%) of the amount which remains late and unpaid for a period of Ten (IO) days or more. ADDITIONAL RENT 3. EFFECTING DATE 4. CROSS RP:CEIPTS page 1 nc-cw - •-raarrT-§uE-sHa..-~.....r..• .... •nd-ceWrrdsrsales-excise-ao-simi{ar-taxek-~, r i° y-gwucrar»cMal-aut4t<uitY--nr-aga)~Y-»'}rerc-suclrJax-ac-im}>aaitioa-iF-coil-~rcd-tun»-tl)a-pur~}*~s~c-as~s~P' aa+cue tier= ACCOUNTING AND S"fAT6:11fIiNTS 0(•' T4:NAN'1' aesar9s-t»-cexneat~~~;-~"A'{ n~nkr.-shall-4a-cntsrcda-Sal !!-grcu~-rccctpts-at:-pcw+H 4ranraG4lQPFa13d~1FinadFrli~-nHr"B~FPm-Fatd'{)rCA11SCFri defHH~rLHrarui-nf-l,andkxArll .. _ _ • '~ ' _ r ~~o-tic •,r,••,.r• •,•,••){!r-tJyrrjng-14a~in _a '^•.~;~.o-Her _ _ _ ~. ,.e„ter^~„~;,~re~»fired-Hereµnders-tl)e-f~rxdlerd-r•Ha{i-have-rHe-eHroal..~-~;s^^"^'-°r "'~"mixaFw)r}-tHe-sesr-oFwttieH v°s°~ wilJxadda+ana.-.~:--=."•_. nderra~ ~tiwmsy-and-agcn4'of-Ilrca'crrantr-a ra»-ary~ ~ssTa.tl goyer»meratat-agexsy;-Hraneh~awdeftar#nmF_ ____..._. n... ...,....,w.,w~~ncr ' i-cancu+xcnlly~-wirk3Hs~'cRn-...-e-..^^.sn ::cnt~nd-a11 ef-eellsctian-efaddiliwnal-ra)k-dux-or-to-Hsean)c-dn~• ' j~iHe-event-Nrat-telegHnne-nrdxs-xFeN)errakar»arc~f~!)a-eslaWieHmenFare-ao-a-st)arg ~~~n~~~~cd-in-tHc bcatcdr+G-sa+d-arAsrsSwF-g k~ _ ,....... ~ taxdis~ _ .... ....._ m_._... u.........,..o m~.,~aNr , ilemrr});we-Been-6i+reflect-freer-ane-toeatwn-ta-anerxeFrer-~ne-I~.•r~=°~^-•~°•_......e ...-.------ _ aAtainccTiltrtwgtwlltis-IxcaGw~sHall-»al-}arcr-bulivcricd-ta-any-olHccJosatian-af"3Hc-"4anantifoo--Puriu+res-Af-ssruicing'~alcc wr-bil4ing. RANKRUI"CCY OP'I'RNANT 7, a. It is normally agreed between the parties hereto that, in the event the 'Cenmrt Irarcin shall be adjudicated a bankrupt, or a petition or answer m reorganize the 'Cenant of creditors, or lake advantage of any insolvency act or bankruptcy act, then, as of the date of such pmcealing or happening, at the election of the Landlord, this least shall become null and void and come In an end and the landlord shall have the right oC immediate possession; I'ROVIDI3D, fIUW1iVGR, that if the 'Tenant shall, in good faith, contest and resist any rf such proceedings, then, until the deta»rinalinn of such Canlest by final judgment against the 'Cenant, the Landlord shall nM have the rigid to tcnninate this least so long as rent continues to be paid, and sa long as Ihcrc is otherwise no breach by the Tenant. RpSERVRD RICR'fS a. The Iandlnnt reserves the right (u at any time build additional stories nn the building of which the demisal premises arc a part or to build additions and enlargements to any part of said building or parking area and the 'T'enant sl)alI have no claim against the landlord for any loss, dan)age or injury sustained by the'Cettant thereby or therefrom. h. IC the demised premises or the building of which the demise) premises are a part, ar if any pan or portion of the shopping center of which said building is a part, shall he taken or condemned far public purposes by any governmental agency or authority, lhe'I'enanl shall InIVC no claim against llte Iandlnrd and shall have no right to any portion of the amount that may be awarded nr paid to the landlord as the result of said condemnation. If the denriscd premises or a substantial part Thereof shall be so taken, than this lease shall fortl)wilh lerntinale and end upon the taking thereof as if the original term provided for in said Icasc expired al the tine of such taking. If only such part or portion of the Jcmiscd prcmiscs is taken which would not into ferc with or adversely affect the business nC the 'T'enant conducted in the demised premises, the lease shall continue in effect. IC, Iwwcvcr, bCGaIISC of SUCK taking, the dcmiscd prcmiscs should be rendered untenmuable or partially untcnanlable far only a temporary reasonable period, then the rent, nr a fair portion and share thereof, shall abate until said premises arc again tenantable. c. If any govcn»ncnlat agency or dcpanmcnt shall actually dclcnnine In take the dcmiscd premises nr a pan Thereof. or n ran of the building or shopping center of which the Demised premises arc a pan, then the Iandlrrd may convey the part so de(ennincA u) he taken fret Been any claim of the "Tenant and, upon such cmrvcyanee, it shall be deemed for the purposes hereof Thal the property so conveyed has been taken through condemnation. A. 97te Lmullonl nmy assign this Icasc to the holder o[ any Decd of Trull or mortgage »n the property as additional security. THIS LEASIi CONSIURRATIUN COR OTIIRR hRAS[iS r~:t-Has-nal-cammsnc°da'r.~..-.^" "~.•.."-°°-"P"~~rng-ef~tlas-kass~-IHe-7'~nanHU)d~rsta+xk-tHa1 ' i+er-Epase-i+r-tbe-P~)P~ 9. ~..~.•-~== n~=.^.astracFieweflHc dcmirsA-P`c!?a _._......_ .,r a.~.,a .. '._.., .,BARS-iniHe-eFH.iirixtg-aFe1 ed SIGNS AND AWNINGS Ip, a. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by lhc'I'enant on any part o(Ihc outside of the leased premises or the building oC which they fon» a part without the prior written consent of the landlord. All window displays shall be neat anA inol'fensivc in character. b, No awning nr other projections shall be attached to the outside walls nr windows of the building without the prior written consent oft )e Landlord. 'Cenant, however, is required to erect and maintain a sign in the customary manner of all other signs in this shopping center, upon demand and with the approval of the landlord. page 2 1 wnikird~tuh-addi4ienaF-renE-aS-mM`try"'r'r"'~""~-^r^°'°-°•"•"•••_... ._ .._ _-._ _ A tcrsaRac.{aFCas1~-twcwc-»»rtK++ c. Lighting of signs shall be maintained by the Tenant in accordance with the rules of the landlord, which hours, however, shall not exceed the period Crom the time of sunset to the hour of 12:00 p. m. nddnighl. d. All signs shall be in confonnancc with the applicable inning regulations. PARKING ANU COMMON USE ARCAS ANTI FACII.[TIES I a. All aummobilc parking areas, driveways, entrances and exits thereto, and other facilities furnished by landlord in or near the shopping center, and including, if any, employee parking areas, the tmek way or ways, loading docks, package pick-up stations, pedestrian sidewalks and ramps, landscaped areas, exterior stairways, first-aid stations, comfort stations and other areas and improvements provided by llte IandlorJ Car the general use, in commmn, of tenants, their officers, agents, employees and customers, shall al all limes be subject to the exclusive wntrol and management of landlord, and landlord shall have Ilse right from time to lime to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in Ihis Section. Landlord shall have the right to wnslmct, maintain and operate lighting facilities on all said areas and improvements; to police the same; from !late to time In change the areas, level, location and arrangement of parking areas and other facilities hcrcinabove referred lo; to rutrict parking by tenants, their orcccrs, agents and employees to employee parking areas; to enforce parking charges (by operation of meters or oihcrw~sc ^wihle appropriate provisions for free parking ticket validating by Tenants; to close all or any portion of said areas or facilities to Bach extent as ma opinion of the [andlorJ's, counsel, be legally sumciwri to prevent a dedication thereof or the accmal of any rights m any person or the public thcroin; to close Temporarily all or any portion of the parking areas or facilities; to discourage non-customer parking; and to do and perform such other acts in and to said areas and improvenents as, in the use of good business judgment, the tandlord shall determine to be advisable with a view to the improvement of the convenience and use [hereof by lcnants, their omcers, agents, employees and customers. landlord will operate and maintain the common facilities referred to above in such manner as Landlord, in its sole discretion, shat! determine from time to lime. Without limiting the swpe of such discretion. Landlord shall have the full right and authority to employ all personnel and to make all nrles and regulations pertaining m and necessary for the proper operation attd maintenance of the common areas and facilities. landlord shall reasonably approve all exterior sign lights (including tenants' business signs), canopy !iglus and parking lot lights. b. All conunon areas and facilities, if any, not within the lease premises, which Tenant may be permitted to use and occupy, are to be use and occupied under a revocable license. If any such license he revoked, or if the amount of such areas he diminished, tandlord shall nnl be subject to any liability nor shall Tcnanl he entitled to any compensation or diminution or abatement n( real, nor shall such revocation or Jiminulion of such areas he deemed constructive or actual eviction. ' COST OF OPERATION ANU MAINTENANCE OF CANTER l2. a. In each lease year Tenant will Pay to Landlord, in addition to the rentals specified in this lease, as further additional rent, subject to the limitation hereinafter set foRh, a Proponion of me shopping center's operating wst, hcrcina(!er defined, based upon the ratio of the square feel of the leased premises to the total square feet of all the building space in the shopping center, except that for the purpose of Ihis compulalion each throe (3) square Ccct of basentenl space, if any, shall be counted as one square fool. b. por llte purpose of this Section the "shopping center's operating costs" means the total cost and expense incurred in operating and maintaining the common facilities, hereinaQer dehned, actually used or available for use by 'Tenant and the employees, agents, servants, customers and other invitees oC Tcnanl, excluding only items of expense commonly known and designated as carrying charges, but specifically including, without limitation, gardening and landscaping, the cast of public liability, property damage, building fire and extended coverage and additional perils, insurance, repairs, line painting, lighting, Pavement maintenance, sweeping, sanitary control, removal of snow, trash, rubbish, garbage and other refuse, depreciation on machinery and equipment used in such maintenance, and the cost of Personnel to implement snch services, to direct Parking, and In Police the conuumt facilities. TLe inclusion of cost o(Landlord's liability insurance in definition of "operating wst" shall not relieve Tenant of maintaining its own insurance coverage. Plus I S`Yo adminislralive fee. c. 'Igte additional rent Provided to be Paid in this Section shall be computed monthly commencing anJ ending on such dates as may be designated by Landlord, and shall be Paid by Tenant Promptly upon receipt of monthly bills therefore Crom Landlord widtout any deduction or set-off whatever. d. Por Purposes of Ihis section changes in any Particular Door area occurring during any monthly Period shall he effective on the first day o the following month. OTHER COVENANTS RY TRF, TENANT 13. The Tenant agrees: a. To surrender and deliver up the demised premises, at the expiration of the tease, in as good order and condition as wbcn t to same were entered upon by the Tenant, lass by fire or other casualty, ordinary wear attd tear excepted. b. Not to use said premises for any purposes prohibited 6y the laws of the United Slates, the Stale of Colorado, or applicable local ordinances; nor for any improper or questionable purposes whatsoever. c. To keep said premises, the sidewalks in front of and adjacent to and around said premises and the rear area free from obslmclions and Tcnanl shall not display or keep merchandise or other articles on the sidewalks or in doorways or any common areas M said premises. d. Nol to conduct any auction sale on the premises nor use electrical equipment which interferes with other equipment in Ibe building o(which the demised premises are a part, without the written permission of the tandlord first Itad and obtained. e. NoL to Pttmil no[ suffer any disorderly conduct, noise or nuisance whatsoever about said premises, having a tendency to annoy or disturb any persons occupying other premises in the shopping center; not to carry nn any advertising by means of loudspeakers or other medium of sound within the shopping center. L Not to bold or attempt to hold the tandlord liable for any injury nr damage, either proximate or remote, occurring through, or caused y, any repairs or alterations, injury or accident to the demised premises, or to adjacent prcmiscs or other parts of the building of which the demised premises arc a part; nor liable for any injury or damage occasioned by defective wiring or the breakage or stoppage of plumbing or sewage upon said premises, or upon adjacent premises, whether said breakage or stoppage results from freezing or otherwise; or from injury resulting by reason of defective construction of the premises or any adjacent premises; and not to hold the Landlord liable for any injury or damage caused to the Tenant by reason of the act of any other tenant or of the equipment of any other tenant located in any ollrer tenant's premises. g. Not to permit nor suffer said premises, or the watts or Moors thcrenf, to be endangered by overloading. h. Nol to permit said premises to he used for any purpose which would render the insurance thereon void or the insuance risk more hazardous. ' i. To permit the Landlord to place a "for Renl" sign upon said prcmiscs, al any lime ancr one hundred and twenty (120) days before the end of this lase; and the landlord may, at any reasonable hour of the day, enter into or upon, and go through and view and inspect, said premises. j. Tenant shall promptly pay all charges for telephone service, sewer, walcq electrical and other utilities furnished to the demised prcmiscs. landlord may, if it so elects, furnish one or rnnrc utility services to tenants of the shopping cenlcy and in such aural, charges for snch utilities will be billed by landlord to the tenants; the Proponimtatc shod of These cltargos to be paid by the 'Tenant shall be computed nn 16e ratio That the total area of the demised premises bears to the gross leasable area of buildings within the shopping center from time to time and Tenant shall pay such amounts on demand as additional rental hereundeo tandlord may at any lime discontinue furnishing any such service without obligation to Tcnanl other than to connect the demised premises to the public utility, if any, famishing such services. k. Not to keep any animal witlwul landlord's written permission nn or about the demised premises nor to interfere in any manner wish other lcnants occupying other parts of the. building or the customers and patrons of said other tenants. I. To kcep the demised promises healed al all limes to a temperature suRiciently high to prevent freezing of water pipes and fixlura in the demised premises. m. 'To maintain all equipment, machinery and ollrer property of the 'tenant in good condition and repair so Thal the operation or use therrnf shall nM create damage or nuisance to other temnts in the shopping center, or damage to the building. n. To kcep trash in Ioaliotts directed 6y landlord. n, To make no alterations Qnclnding Pointing) In the exterior of Iha demised prcmiscs or Aoors without the written permission of the [mtdlord, Page 3 nrroslT lq a. The 'Cenan( concurccnlly, with the execution of Ihis (case, has deposited with the Landlord who will keep nn deposit al all limes during lltc Leon of Ihis lease, the sum of Eight 1[undred and 00/100 Dollars (5800.00), nn file with the Landlord, nc~ receipt oC which is hereby acknowledged as security for the payment by the Tenant, of the rent herein agreed to be paid, and for the faithful perfontwnce of all of the Ienns, wnditions and covenants of Ihis lease. If al any tinx during the term of Ihis lease, the Tenant shall he in dcfaull in the performance of any of the provisions of this tease, the landlord shall Gave the right to use the said deposit, or as much thereof as the landlord may deem necessary to cure, correct or remedy any such defaults, and the'1'enant, upon nmification thereof, sball forhwith pay to the Landlord any and ail such expenditure or expenditures so that the landlord will al all times have the full ammmt of said deposit as security. 11+is security deposit and application thereof shall not be wnsiJered as liquidated damages in the event oC breach but only as an application toward actual damages. l)prnt the termination of this lease in any manner if thc'Tenani be not then in default, the above deposit or so much thereof as bas nM been IawNlly expended by the Landlord, shall be returned to lhe'fenanr, without interest. b. 17iNAN'1' ACKNOWLEDGES TIfA'f Tflf: SECURfCY UC•PUSI'T RECEIVED UNDIiR TI115 LEASE WILE. BE [IELU BY 'I'illi ' LANDLORD, NO'C BY UUN'I'UN REALTY COMPANY, ANU 1'T WILL 66 'Cllf: RESPONSIBILITY OF TIIP, LANDLORU, NOT DUN'I'ON REALTY COMPANY, TO RE'R1RN 'f11E SECURITY DEPOSIT AP'fER ALL TIIE TERMS ANU CONDI'C[ONS OF '1'1115 LEASE IfAVIi 6EIiN PUhPIU.EU. TIIE 'TENANT SHALL ADDRESS 'I71I? REQUEST POR TIIE RE'T'URN OP 'CIIL• SLCURI'I'Y UEPOSI'C 'I'O DUN'1'ON R1iAi:1'Y COMPANY. IN 771E EVEN'T' OP A D[SPU'CE INVOLVING TIIE SECIIRCCY DIiPOSI'1', 'TIIE NAME ANU ADDRPSS OP TIIE OWNP.R WILL 6L• UISCLUSf;D TO TIIE "CENANT. 'I'BNAN'C WILL BE NOTIFIED IN WRITING WIIGN '1'IIGRE IS A CIfANGIi IN 'fllli LANDLORD'S ADDRIi.SS OR WIIIiN '1'iIERE IS A CIIANGI: IN OWNERSI[[P OF'1'I[E DEMISIiD PREMISES. NOTICR TO THE LANDLORD OR TENANT 15, a. Any notice which may he required In be given hereunder from either of the parties to the other, shall he in writing. Said notice may be served personally or shall be deemed duly served, by the landlord upon the 'Cenant, if mailed by Registered or Cenitied Mail, Rclum Rcceipl Requested, addressed to the Tenant ar do Ronald W. Scrvis 6595 West 14111 Suite 100 Lakewood Colorado 80214 and by the Tenant upon the landlord, if mailed by Registered or Certified Mail, Return Receipt Requested, addressed to nc~ landlord at Uunlon Reahv Co 1720 Soti0t 6cllaire Street Penthouse, Denver. Colorado 80222, or al such other address as either of the parties may herea0er fix, by notice in writing m the other. Scrvtec by Regrslered nr certi0ed mail shall be complete as of the day -next following the mailing of such notice. USR OF PREAfISRS l5, a. The Tenant agrees to operate and maintain in said demised premises, for !hc Leon of this lease; a liquor store only, which shall include only the sale and offering for sale of the goods, wares, and merchandise and the performance of services usually incident to 95 Ne of such like businesses located within a radius of five (5) miles of ibis location. Tenant agrees to indemnify Landlord against any damages which landlord shall suffer due to the 'Ccnanl's merchandising of products contrary to llte terms hereof which con0icl with tiwse of other merchants in the shopping center. 'T'enant agrees to stop handling merchandise or services conflicting with the Icons of this paragraph upon written demand of the Landlord. h1ERC11ANTS ASSOCIATION 17, a. In the even! that landlord, at its discretion, shalt organize a merchants associalimt composed of lcnan(s in the shopping water, Tenant agrees that it will join and maintain membership in such association, will pay such dues and assessments as may be fixed and dclcnnincd from time to tintc by the association and will wmply with such bylaws, rules and regulations as may be adopted from lime In lime by the association. LANDLORD'S L[EN Ig, a. As wnlinuing security for payment of the rent and other sums accming [o landlord, and the faithNl performance of the covenants anJ wnditions and obligations on the part of Tenant, and without any limitation to landlord's statutory lien. iC any, Tenant hereby grants and gives to and in favor of landlord a first and paramount contract lien on all 'Tenant's goods, chattels, furniture, equipment and merchandise 6ereaner placed in said leased prentiscs provided, however, Thar so long as Tenant is nM in default it shall have the privilege of changing, altering or suhsliuriing any furnishings, fixtures and equipment upon the leased premises provided Thal al all times the furnishings, fixtures anJ equipment upon which landlord shalt have a lien shall be kept up to the smndard of such funtishings, fixtures and equipment as are ordinarily kept and ntaintaitud by other businesses oC alike or similar nature, and provided that the lien upon merchandise shall be asserted only upon the dcfaull of'Tenanr in the covenants contained in this lease. NO PARTNRRSR[P l9. a. It is expressly understood Thal, aUhough..tlu-amount-paid_ta-LLte-Landord-ta-pactrally-)+aced-uflana-Psrscntaga'eFgruF~sa{ss'faFrsmal-of-tFro~ ' /~/// demiseA-prernisas, the [andlord and "Tenant arc not paAners, and the landlord has no right, title or interest in and to the haziness of the Tenant, and the ly) landlord bas no right to represent nr bind the 'Tenant in mry rcspeM whatsoever, and nothing herein wntained shall be deemed, held or constmed as making v the landlord a padner nr associate of the 'Cenant, nor as rendering the landlord liable for any debts, liabilities M obligations incurred by the 'T'enant; it being expressly understood that the relationship 6elween the parties hereto is, and shall at all times remain, that of landlord anA Tenant. INSURANCE , 2p, a. The Tenant, al its expense, shall at all times throughout the Icrm of this lease or any extension therein, maintain in cfCect adequate plate glass insurance, boiler insurance, Workmen's compensatirnt, and contprebensive public liability insurance including propeny damage, insuring IanJlord and Tenant against liability for injury to persons or properly occurring in or about the demised premises or arising out of the ownership, maintenance, use or occupancy thereof. The liability under such insurance shall not be Icss Lhan 5500,000 for any one person injured nr killed and not less than 51,000,000 for any one accident and not Icss than S 100,000 for personal property damage per accident. Said insurance shall be written wirh an insurance company licensed to do business within the Stale of Colorado and with a tympany approved by the landlord (which approval shall not be unreasonably withheld). The Tenant shall provide the Landlord with the original insurance politics or a Certificate of Insurance with proof of payment of premium (hereto[ (which shall provide that the insuring tympany shall give notice in writing to the Landlord thirty (:0) days prior to cancellation, expiration or modifia~lion of such insurance Cor any reason whatsoever). The landlord and 'Cenant mutually release each other and waive all claims from any and all liability nr responsihility (lo the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casually shall have been caused by the fault or the negligence oC the other party or anyone for whom such party may be responsible. TLe parties agree that all applicable insurance policies strati include such a clause or endorsanent. MANNER OF CONDUCTING BUSINESS 2L a. Tile 'Cenant shall open its business in the demised premises at the beginning of the Icrm of this lease, and diligently wnducl such business Icrm hereof; Tenant shall maintain upon said demised premises, if that type of an outlet, a substantial stock of nterchm+dise, and keep the Jcmised premises open for business during the hours of tacit business day generally observed by the merchants in the vicinity of nc~ demised premises, excepting from prevented Crom doing so by any casually, strike, lockout, act o(God, or other cause beyond the wnlrol o[ lire Tenant, and excepting also legal holidays and holidays established by law and generally observed by llte merchants or any association of mcrchanls in the vicinity of the demised premises. 'Utc'Tenanr shall maintain on the premises al all times during the term hereof adequate fixtures usual and customary and in first-class condition and maintenance far carrying nn each trade, and in the evari the same aro destroyed 6y fire or nlhcrwisc, lhe'fcnanl Shall tlwronpm) pmnlptly Icpldec all o(satd fixru[tta so that the business may be conducted without undue loss of time. Page 4 22. RESTRICTION A(;AINST O't11ER OUTLETS (Intentionally Deleted) ' REPAIRS 23. a. The landlord shall make structural repairs to the roof, walls and foundations only, provided that the Landlord shall not be required to repair any damage caused by the acts oC negligence of the 'tenant, the 'tenant's agents or employees. 7he'1'enanl shall make and pay for all other accessory repairs to the demised premises, including, by way of illustration and not of limilalimt, Lhc following; the Moors, alt interior cord exterior doors and their haMware, sewer rnnnections, plumbing, wiring and glass. The Tenant shall be responsible for the maintenance and repairs of healing and air conditioning unless the same is a central unit operated by the landlord. Tenant shall enter into a IL V.A.C._ preventative mainlcnancc wntract with a Licatscd Contractor for four (4) times per ya~r servicing, and provide dte [andlord with a copy of said contract. If the landlord is not provided with a copy of the conlmd or if the maintenance contract has expired, Then the Landlord has the right but not the obligation to have Lhe IL V. A.C. unit serviced and invoice the 'tenant for payment. Tenant shall cause the interior of the premises to he redecorated, including the repairing of minor cracks, whenever reasonably necessary in the opinion of the landlord. Tenant shall be responsible for repairs or damages to demised premises or common areas caused by 'tenant's negligence. Nn additions or alterations to the premises shall be made by Tenant without wrihen consent of the landlord first had and obtained. Any additions made [o premises shat) be considered, on the termination of this lease, a part oC the premises and same shall not be removed by Tenant without written consent oCthe landlord, at Landlord's election. h. The Tenant shall give written notice to the landlord of repairs required to he made by the landlord as aforesaid and landlord shall have reasonable time to make such repairs, subject to delays caused by strikes, fire, accidents, acts of God, orders of any military, civil, or govenunenlal authority, or any other aauscs beyond the control of the Landlord. e. If the landlord shall fail to commence repairs within a reasonable period of lime of which there has been nMifiwlion, Ihen the Tenant may make said repairs and charge the same against rent however, before undertaking said repairs, the Tenant shall give the landlord an additional five (5) day period Wy written notice prior to undertaking said repairs. !tacit This clause has been complied with, failure to make repairs sball not be an excuse for withholding or for application of Ilte payment oC rent. d. I( the Tenant shall fail to nmke any of the repairs or mainlcnancc which arc the Tenant's obligation hereunder, the landlord may then proceed to make said repairs or perform said maintenance as shall be required, bi0ing the Tenant IhereWre on its next monthly statement alter said repairs and maintenance are accomplished, and the Tenant agrees to pay for the same upon receipt of said bill, or the Landlord may consider 'tenant's failure to repair a material breach of the lease. e. In making any repairs or maintenance as required hereunder, the Tenant hereby agrees (o pay all bills and !o hold the landlord harmless from any mechanic's and materialmen's liens which might be placed against the premises because of said maintenance or repairs, including all cost of defense and payment therefore and including a reasonable amount for attorney's Cees. C. 77tc landlord shall have reasonable rights of access to the Tenant's premises for the purpose of inspection and making all repairs which arc landlord's obligation or to make any repairs which reasonably must 6e accomplished for the maintenance of the building and appuncnances. g. Until the premises arc delivered to the Tenant Por occupancy and rent has commenced, the 'tettanl shall perform no work in the premises without the express written permission of the landlord or the landlord's agent. ADDITIONAL COVENANTS 24. a. 77re Tenant covenants to comply with all lawful orders, regulations, and requirements issued by any federal, state, or county govemmcnt, or any department O[ division thereof, insofar as the saute are applicable to its possession and occupancy of the demised premises, and to make such additions or repairs at Tenant's expense as may be required by said governmental nutltority. h. The 'Cenant covenants that it will indemnify the [andlord and save Ilte Landlord harmless from each and every loss, cost, dantagc, or expense arising nut of any accident or other occurrence causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the condition of said premises (other than through a structural defect or because of a breach, default, or omission oC anything of the Landlord herein required) or to the use or neglect oC the premises, or any part thereof, by the said Tenant, or any person or persons holding under said 'tenant, and will indcmni fy and hold harmless the said fandlnrd and the demised land, from all damages andlor penalties arising out of any failure of the Tenant, in any respell, to comply with all and/or any of the requirements and provisions of this lease; and the Tenant covenants That the 't'enant will keep and save the Landlord and its interest in and to said property forever haunless from any penalty or damage or charge imposed for any violation of any laws, whether occasioned by all of negleM of said 'tenant, or by another or others in said premises holding under or through the Tenant. c. No assent, cxpresscd or implied, to any Wreath of any one or more of the covenants or agreements (hereof shat! be decntcd to be taken to be a waiver o(any succeeding or other Wreath. The various rights, remedies, powers, options and elections of llte landlord reserver!, cxpresscd or contained in this (case are cumulative and no one of them shat) he deemed to be exclusive of the others or oC such other rights, remedies, powers, options or clcdimrs as are now or may hereafter be conferred upon 16e landtord by law. d. Any written supplements or addenda, signed by the panics and made a part of the agrcemenl between the parties hereto, if in conlliM in any manner with provisions of this (ease, shall prevail over the Leans of this lease. e. All the teens, conditions and covenants to be observed and perfonncd ny the parties hereto shall apply to and he Winding upon Ihcir heirs, executors, administrators, successors anJ assigns. C In cast snit shall We brought to enforce any provisions of tltis lease, the prevailing party shall (in addition to other relief granted) be awarded all reasonable attorney's fees and costs resulting from such litigation. DECAUI.T 25. 'Ole occurrence oC any one or mare of the following events shalt rnnsliWle a default anJ breach of this (case by "tenanL• a. 77re Tenant failing to pay the real herein reserved or the Tenant failing !o make any other payments required to be made by Tenant when due, where such failure shall continue Cor a period of five (5) days following notice from landlord !o 'T'enant. b. The Tcnnnl failing to perform or keep any of the otltcr leans, covenants and conditions herein contained for which it is responsible, and such failure rnntinuing and nM being cure) for a period of lhiny (30) days slier notice of said default being giveu to 'T'enant, or if such default is a default which cannot be cured within a 30-day period, then the 'tenant's failing to commence to correct the same within said 30-day period anJ Lhcreafler failing to prosecute the same to contplclion with reasonable diligence. c. The 'Cenant abandoning the premises. d. 77re Tenant being adjudicated a bankrupt or insolvent or fhe'1'enanl filing in any court a petition in bankmptcy or for reorganization or Tor the adoption an arrangement under the Dankmptcy Act (as now or in the future amended) or the filing of an involuntary bankmptcy against the 'T'enant (unless said involuntary nankmptcy is lerminalcd within Thirty (30) days from the date of said filing), or the Tenant filing in any coon for the appointment of a receiver or tmstee of all or a portimt of the 't'enant's property or (here being appointed a receiver or tmstee for all or a portion of Ihe'1'enanCs property, unless said receiver or lrnsLCC is tcnninalcd wirinn Thirty (30) days from the date of said appointment. e. 'the 't'enant making any general assignment or general arrangement of its property for the nenc(t of its creditors. ht the event of an occurrence of default as sal forth above, the LandlmA shall have the right lo: I. 'terminate (his lease cold end the teen hereof by giving to "tetant notice of such lemtination, in which event landlord shalt be entitled to recover from Tenant the present value at Ilte lime of such termination of the excess, if any, of the amount of rent reserved in this lease for the then balance of the term hereof over the Ihen reasonable rental value of the premises for the same period. 77tc present value shall be determined 6y discounting all future excess rent amounts al the rate oC eight percent (8%) per annum. Tl is understood and agreed that the "reasonable rental value" shalt be the amount of rental which (andlord ran obtain as real Cor the remaining baWncc of the initial Icon or renewal lean, whichever is applicanle; or 2. Witlwnl resuming possession of the premises or tcrminaling this lease to sue monthly for and recover all rents, other required payments due under this (case, and other sums including damages and legal tees at any lime and Crom time to tune seeming hereunder, or 3. Upon notice to all interested parties, rc-enter and Lake possession of [hc premises or any part thereof and repossess the same as of landlord's former estate and expel the Tenant and those chiming through or under the Tenant and remove the effects of nosh or either (forcibly if necessary) without neing decntcd guilty in any manner of trespass and without prejudice to any remedies for rent delinquencies or preceding lease defaults, in which event landlord may from lime to time without tcrminaling this Tense relet the premises or any part thereof for such lemt or terms and al such rental or rentals and upon such other leans and conditions as [andlord cony deem advisable, with the right to make alterations and repairs to the premises, anJ such re-entry or taking possession of the premises 6y Landlord shall not be Landlord's part to terminate this lease unless a wriucn notice of lenninalion be given to Tenant or unless the termination hereof be decreed by a court of competent jurisdiction. In the event of landlord's election to proceed under this Subparagraph c, then such repossession shall not relieve Tenant of its onligation and liability under this lease, all of which shall survive such repossession, and Tenant shall pay to Landlord as current liquidated damages the basic rental and additional rental and other soots hcreinabove provided Page 5 which would be payable hereunder if such repossession had not occurred, Icss the net proceeds (if any) oC any rclctling of the premises aacr deJucting all of fandlorJ's exprnses in connection wil6 such rclctling, including but without ]imitation all repossession costs, brokerage commissions, legal expenses, mtorncy'a fees, expenses of employees, alteration rnsts and expenses of prcpamlimt for such rclctling. 'Tenant shall pay such current dantagcs to Landlord on the days in which the basic ran would have been payable hereunder if possession had not been retaken and Landlord shall be entitled to receive the same fmm'I'enanl on each such Jay. FIRE OR OTIIRR CASUALTY 26. a. If during the Tenn of this tease or any extension thereof, the demised premises shalt be so damaged by fire or other casualty, not arising from the fault or negligence of the Tenant, its visitors or employees, so that the demised premises shad thereby be renJercd unfit for use or occupancy, then the rent, or a just and proportionate part thereof, according to the naluro and extent of the damage which has been sustained, shall he abated mrtil said premises shall have been duly repaired and restored. Except for the provision of paragraph (b) below, if such damage shad not be substantial, the landlord shall proceed to repair the same with rcnsonablc diligence. 'ILe word "substantial" nr "substantially" shat! be defined as damage to the demised premises (or the shopping center within which the demised premises ore located) wherein such damage is greater Than 20% of either the demised premises or shopping caner. b. In the event the demised premises or any part lhercof or the shopping center are (I) substantially damaged, (2) damaged wherein there is an uninsured loss of more Ihan 10% of the total Inss; or (3) damaged during a period oC lime wherein there arc less than IS unexpired months (excluding option periods) under the term oC this lease, then the landlord shall have the right to either repair or restore the premises or the shopping center so damaged or the right to terminate this lease. In the even! that this tease is terminated, the rent and any monies doe and owing to the fandtord shat! be paid by Ihe'fenant to the date that the loss occurred, all funher obligations on [he pact of either party shall cease, and the estate hereby cleated shall thereupon terminals, except that the landlord shall repay any deposit money or prepaid rent which may be owing to the Tenant, provided That said 't'enant shall not be in default under any oC the terms of this Icasc. The landlord shall not be in default under any of the terms of this (case. 'Ihe Landlord shall give notice m lhe'I'cnant within thirty (30) days of the toss indicating whether the Landlord shall proceed with repairs or terminating this lease. ENCUMDRANCES 27. a. This lease is subject and subordinate to the lien of any (rust deeds, mortgages, or similar encumbrances hcrcloforc or hercaRer executed by the landlord upon nr against the demised prcmiscs. And the fandtord expressly reserves the right lo, at any time, mortgage or encumber the demised prcmiscs or the propcny of wltich the demised prcmiscs are a part, with the express agreement and understanding that snch encumbrance shall be superior to and prior to this lease. 'Clte Tenant agrees to execute any ins[mmenl or inatrunxnls requested by landlord subordinating this Icasc to the lien of any such Wsl deeds, mortgages, or encumbrances, and the Tenant hereby appoints the fandtord its attorney-imCacl irrevocably, m execute, acknowledge and deliver any such instmment or inslru menu for lhe'I'cnant as the landlord may deem necessary. h. 'tenant shall al any time and from time to time, upon not less than ten (10) days' prior written notice from landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying Ihal Ihis lease is unmodified and in full force and effect (or, if modified, stating the nature o(such modification and certifying Ihal this lease as so modified is in NII force and effect) and nle dales to which rental and otber charges arc paid in advaneq if any, and acknowledging that there are not, to Tenant's knowledge, any uncured defaults on part of the landlord hereunder or specifying such defaults, if they are claimed. c. At the option of the holder of any mortgage, Tenant shall allorn to any purchaser at any foreclosure sale, or to any grantee or transfer designated in any deed given in lieu of foreclosure. PLANS AND SPECIFICATIONS 28. ~~-tv" 'A-~,a„e"erd-aAd~enantrrsi U kaAat - tn-tO-IPCaIa-tAtb-NfiF• :.-.Ta-...a'trfrCm-lQCatIQH-Wi/lil•• n6'~-~-~.~`^^^'^s^ •.~::~r-fhaA-6tN>'0.'n-QA-1'Hdlilfi4-A-h¢f4>r'C eammena~ierl{-haweverr-iMHe-eveni~e€x-different-k+satienr~tHe-satoe-deea-net-meeHhe-appreval-ef TemretrtheMhe-'L'exarn-er-}andlAfd >ray-canscF~Nnirlaastiupwtt~4utiy-E4A3-days'-wr9Nat;nEN~Cr-. e-1(-16-~nrlderat0att-rho eaaBd--premiseo-may--indlsate-rrAps>ratpanay'Jty varieus-lyf~cc-aF-sMTCS^grclti-indicaF~epFO6cntaGQa6AHVaRra i)ti6F-NtaFiaid-FP~e~picd,-AU(-telluCt-msiC{y-IllC-d^°:......_.a.-t~,p~R ea~6andlordr d. Ln-lh~av easel-then-all-sctn-shat4~baadjus7cJ psnf~rni"amaieFytin-aeeoFdanE4~-wiN>•rusF>-ehan$e. R-'^•.~-.~ r • ha-TaxaaFio-dapurar ••~:,'• .. •••d 'nlatCd-CB6H}18t-t{ta ACCErTANCE oFreEMlshs 29. a. Should the premises described herein he in a completed state prior to the time of the execution oC (Iris contract oC lease, then the 'tenant, by the signing hereof, signifies its acceptance of the premises in (heir existing slate al llte time oC execution hereof. Any changes to the premises shall be made only in accordance with an exhibit attached herclo if the premises arc not accepted in their existing stale. GENERAL TERMS 30. __A. Reprfsattalions. The Tenant acknowledges and agrees that it bas not relied upon any stalemans, represenlaliuns, agreements, or warmnlies, except such as are expressed herein. R. Amendments nr ApprovAls. No amendntem or modification of Ihis (case, Or any apprOVaIS Or pCfI111SS10115 Of the landlord required under this Icasc, shall be valid or binding unless reduced to writing and executed by the parties herclo in the same mamter as tltc execution of this (case. C. Grammatical ChAnges. Wherever the words "Landlord" and Tenant" are used in this (case, they shall include landlords and 'I'cttants and sleUl apply In persons, both men and wmncn, contpanics, partnerships and rnrporalions; and in reading said Icasc the ncccss:rzy granvuatical changes requital to make the provisions hereof mean and apply as aforesaid, shall he made in the same manner as though written into this Icasc. U. Paragraph Headings. 'ILe head notes or paragraph headings are inserted only as a matter of convenience anA for refcrcnce and in no way define, limit or describe the scope or intent o(this Icasc, nor in any way affect this least. E. Location of Premises. 'Ihis contract shall he deemed to have been made in (he State oC Colorado. P. Anthnrily. 'Hie Tenant, if other than an individual, warrants its authority In execute this Icasc, anA all agents signing on behalf of the l'enanl warrant their authority to so sign on behalf of the 'I'enan[ and warran['fenanPs capacity. G. InVAhdlfy Of PArllftllAr rraV15lpILS. Harty Ic[nl nr prOVlslOn Of 11115 lease or II1C appllCa(IOa lhe[COf 10 any pCr5n11 Of ClfCltms[anC&5 atlall to any extent be invalid or unenforceable, the remainder oCihis tease shall neverfhcless be valid and enforceable. HOLDOVER 31. Should 'tenant, or any of its successors in interest (not hereby granting any right of assigmnen[ or sublease) hold over the leased premises, or any part lhercof, aRer Ilte expiration of the term of this (case and any renewal and extensions lhercof, unless otherwise spmihcally agreed in writing signed by both parties, such holding over shall constitute and be conslmed as a lenmtcy from month to month only, al a minimnm monhly rental equal to Ibe minimum monthly rental paid for the Ins! month of the term of this lease plus twenty-five (25%) percent of such amount, and otherwise subject to all Page 6 entered upon wl ctlgerlas a result ofta vi lalinnrof Sa6ont 32 Irercoftorofo ranytoWcr rea Win, Tenenl still be deemed lot eve h Idrovcr for such peril d of responsible far enydreasonablercxpenscspof Landlordalondeanrand re Inrc olheaprcroises tnllhel same orderdandr conditiot~is ast when originally leaseds plus interest al eighteen (IS%) percent per annum on all amounts advanced by landlord not reimbursed within thirty (30) days alter billing to Tenant. IIA7,ARDOUS SUBSTANCPS ;2, 'Cnant wvenanls with landlord to notify Landlord o(any and all hazardous substances (as defined below) generated nr stored at lire premises, to comply with all obligations imposed by applicable law, rules, regulations or requirements of any governmental amhority upon snc0 gcncralion and storage of hazardous substances, to PrMribit any gcncralion, storage, or disposal nC hazardous substances at the premises except as permitted by the leasq to deliver promptly to Landlord true and complete copies o~ a `om nCenotiC v Landlord aof airy ri Isgoreaccid nts amvolving altlrazardous sob gtanccalia rd to rPermh disposal by Tenenl of hazardous substances, p P Y Y aPpmvedl bytll a P.nvi omuenlnl I'smlccl or~Ageucy and State of Colorado londelivernand removelhazardousosubslancesafrom lhespreni acs. Tenantralso agrees to indemnify and defend landlord (with legal counsel reasonably acceptable to landlord) from and against any cosLS, fees or expenses, Including, without by raandlord in conncUions wilhd'l enanl sagencmaion,~tstor ga torttd sposallof lazardouso substances nTli sa inld nlilficalion sby 'I'cau rtcsl allssurviverltc termination or expiration of This lease. 'Hazardous substances' shall mean: (Q 'Hazardous substances' as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended; (2) 'PCB's' as dehned in d0 C.CR. 761, or analogous regulations promulgated under the 'Toxic Substances Control Act, as amended; • (3) `Asbestos' as delincd in 29 C.P.R. 1910.1001, el seq., and analogous regulations promulgated under the Uccupa(ional Safety and Ileallh Act of 1970, as amended; (q) Oit and petroleum based produUS; (6) Radioactive material or waste; (6) Biological and other medical products and waste material; and (7) `hazardous wastes' as defined in Resource Conservation and Recovery Act, as amended; as such acts may be amended Crom lime to time, and as such terms may he expanded by additional legislation of a general nature. At landlord's option, in the 60 days prior to the termination of the Icase, IandlorJ may require Tenant, at Tenant's expense, to provide an environmental audit to landlord for the premises, where [andlord has a rcasonablc basis far such request. ZONING ;3, [andlord and Landlord's leasing agent(s) do not imply that the Tenant's use is in compliance with local zoning and/or ordinance of the demised premises. Il is the sole responsibility o(the Tenon[ to verify that its intended use complies with the zoning and/or ordinance oC the demised premises. ACCEPTANCE OP [.EASE 3q, In the event ibis least is not fully executed by both the (andlord and Tenant and delivered one to the other on or before Anril 1 I9 97, then this lease shall become null and void and of nn further force and effect and all parties released Crom all Curthcr obligation, and all deposits, if any, returned fonhwith to lhe'Cenant. ASSIGNMENT ANU SUBLETTING 35. Tenant shall ant, either voluntarily or by operation of law, sell, assign, hypothecate or transfer this Icase, or sufilet the Premises or any part llrerco(, or permit the Premises or any part thereof m be used for any purpose other than as set forth in Paragraph 16.a. hereof, without the prior written consent of landlord in each instance. Any sale, assignment, mortgage, Transfer or subletting of this lease or the Premises or any part hereof or thereof which is not in compliance with the provisions of this Paragraph shall be void and shall, al the option of landlord, Terminate this Ixaae. The consent by landlord to assignment or subletting shall not be construed as relieving Tenenl from obtaining the express written consent of Landlord m any funkier assignment or subletting or as releasing Tenenl Crom any liability or obligation thereunder whether or not then accmed. CUNSTRUCI'ION 36. Tenant will accept space in an "as is" condition with the landlord making the following improvements: space shall be sealed from adjacent tenant. The portion of demising wall to be scaled will be sheelrocked and painted to match the existing walls. Tlus construction will commence upon landlord gaining possession of the subject space from the previous tenant and shall he completed no Iatcr than lhiny (30) days thereallcr. INSPECTI(1N gy, 'Urc Tenant's obligations herein are conditional upon Tenant's inspection and approval of die interior of the subject space. Upon faihne o('Ccnanl to notify landlord in writing of Tenant's disannroval of interior of subject space within five (S) days from 'Cenanl's inspection, it shall be deemed that Tenant has waived this condition. LICENSING, 3g, Tenant's obligations trerein are conditional upon'Cenant successfully procuring a license from the appropriate governing agencies allowing Tenant to operate a liquor store in the subject space. If a liquor license has not been granted to Tenant by May 3l, 1997, ibis Lease will become null and void. CINANCING 39. 'I'cnant's obligations herein arc conditional upon acquiring financing for cquipntcnl to be used iu operating '1'enmri's intended business. Should Tenenl not Provide wriltcn proof of financing to landlord prior to April 31, 1997, Then this Lease shall become null and void. OPTION - q0, Upon wriltcn notice to landlord, ninety (90) days Prior to (ease expiration, Tennnl will be granted two 3-year options to renew Icase al Prevailing market rates mutually agreed upon by Parties. SIGNAGE ql, '1'cnanl will be allowed to use the existing marquis sign in front of the Premises. 'lire ambunt of sign space used by 'Tenant will be proportionetc with the amount of sign space allocated l0 the current Tenants, Tennnl shall ha allowed to install a facade sign which must comply with tha appropriate government agency criteria and/or restrictions. ~,.L page 7 POSSESSION q2. IC landlord is unable to acquire possession of the subject space by May I5, 1997, due to a holdovtt of the current tenant (II&R 61ock), this Lease shall become null and void unless otherwise agreed to by the parties. IN WITNESS WIIEREOP, the said Landlord and Tenant have caused this (ease to be~exe/toted. ///JJJ Ezeculed this day of , 19 / [/~ f ~ j ~ Executed this day of , 19 TCNANT SEAL .. .. _.. -.; ., ~ _. _. ._. ' LANllLORD ~~~ [Nose: If corporate party, lease should be executed in wrporate name by proper otYcer and be attested to by secretary or assistant scerelary and bear corporate seal.l TUIS LEASE ETAS IMPORTANT LEGAL CONSEQUENCES, AND TFiE TENAN'C S[IOULD CONSULT LEGAL COUNSP,L BEFORE SIGNING. Page 8 ,; (~ ~~..1 1720 South Beilaire St. Penthouse Denver, CO 80222 (303) 758-3131 1' V is LLt-}.~73~ . Retaii I Office Space B~.I~,3~LEY St~t1~.RE 4550 ti~A,DSWORTH BLVD. ~~~V3-I~A~' kID(z'L, CO 80U33 TJT:'~i, CL~~: i~,vuJ - 3,~SG Main Le.cl 5,3CC Garden Level • Below Market Rates for High Traffic and Visibility • Price Per Sq. Ft. - ~3.~0 - X8.00 • Unit Sizes: 200 Sq. Ft. to x,000 Sq. Ft. + • Easv :access tb I-70 - I-76 - I-?d ~' W ~-- ~! ~0 h+ C~ a n C V ., .~ r r~ r~ ~ G ~ d rz _ ' ~~ ~.; ~ ~ ^1 ~,, ~. .,, i=~. .: ~ =.~ ._i '1 ~'c r' r.f ~ .~• .y ._ , ~ ~', ~ v `.',, ~;~.Rk.ELEY 5(~LJr~RE ~55U tiVADStiVORTH BLVD. ~YVH~A~~' RID(3~E, CO ~UU~3 Q f~~' ~~ W ~~ ~^ C C C C s '< '~ C/l .C ..r N Zti ~~ li a _ ~ .,. 'I - i ='`~ i~-~ -, L" i -^ '. i~ 1 T ' i ~ , :~ I , ~~ ~i ~ !j ~ 11, ~~~I \a}i+ , v ~ ~ ~ ~.. ,` ~ ~- a•~ M~ M y B. ~ The temporary suspension of a license without notice pending any ~' prosecution, investigation, or pubic hearing shall 6e jor a period not to exceed fifteen days, 12-47-111. Persons prohibited as licensees. (1)(a) Noli6et`t "r'~v"+d~~Ts'~tfliH+~elZ;'34tali;beisstecd3o.~nheld~.}.„.;,:; i (I) n,~rsoAUn[ili?pe~.lq~y,!~„f~:d!ere~9.T~1e@ )?~n~P.eid;-. ' ~ ~ (II) Repealed, L. 77, p. 644, 13, effective Mazch I6, 1977. (Ill) Any.personwho~isaotabfrgood'rrtotai°charaeter;ra (IV) Any-corporation,~~-any of whose officers, directors, or stockholders holding over ten percent of the outstanding and issued capital stock thereof aze aato8-goad'mbTal~ -ae +eharacter{ (V) Any partnership, association, or company, any of whose officers, or any of whose members holding more than ten percent interest therein, are notnfgoodmorelcltetacter;~ ;w (VI) Any person employing, assisted by, or financed in whole or in part by any other person who is not ofgood chazacter and reputation satisfactory to the respective licensing authorities; (V[I) Any (VIII) Any person unless he is with respect tb his chazacter, record, and reputation satisfactory to the respective licensing authority. (b) In making a determination as to character or when considering the conviction of a crime, a licensing authority shall be governed by the provisions of section 24-5-101, C.R.S. (2) Except as may be provided pursuant to section 12-47-138 (1) (d) (IV), no license provided for by this article shall be issued to or held by any person who will operate any place where liquor is sold or is to be sold by the drink ittiJh,il~fixt }tundrad~£eetta~ afromanypvblic'or~pzi$c"7"iia"1>Sb1~8~`~~`4$nc~i 2p ~~inpil~s-'o`-~azty~"'~ITeg6;tilitivErSit}';a` ,oi.seminaryb except that this provision shall not apply to any hotel, club, or restaurant located within such limit on April 12, 1935, or affect the renewal or reissuance of any license once granted, or apply to any licensed premises located or to be located on land owned 6y a municipality, or apply to a liquor license in effectand actively doing business before said principal campus was constructed, or apply to any club located within the principal campus of any college, university, or seminary, as defined in section 23-2- 102 (3), (4), and (5), C.R.S., which limits its membership to the faculty or staff of such institution. [Division note: See section 12-47-138(1)(d)(I).) Regulation 47-III.1. Change oflacation -prohibited area. A licensee located within 500 feet from any public or parochial school or principal campus ojany college, university or seminary may applyjor a change 27 ~ ~ ajlocation within the same prohibited area in accordance with (,0e requirements i' of 12-47-128(5)(p~. C.R.S. 1973, but may not apply jor a change ajlocation within mry other prohibited area as defined by 11-~F7-//1(2J, C.R.S. /973. 12-47-112. Classes of licenses. (1) For the purpose oC regulating the manufacture, sale, and distribution of malt, vinous, and spirituous liquors, the state licensing authority in its discretion, upon ` application in the prescribed forth made to it, may issue and grant to the applicant a l( license from any of the following classes, subject to the provisions and restrictions . provided by this article: (a) ManuCactucer's license; (a.l) Limited winery license; (a.2) Nonresident manufacturer's license; . (b) Importer's license; • (6.2) Malt liquor importer's license; (e) Wholesaler's liyuor license; (d) Wholesaler's beer license; (c) Retail liquor store license; (f) Liquor-licensed drugstore license; (g) Beer and wine license; (h) Hotel and restaurant license; (h.l) Tavern license; (i) Club license; (i.l) Arts license; , Q) Racetrack license; (k) Public transportation system license; (I) Optional premises license. (m) Retail gaming tavern license. , (2} Repealed, L. 79, p. 1633, l4, effective July l9, 1979. ~g F ' L1ltUUx Au 1¢V n11L M E M O R A N D U M April 21, 1997 Item 2) DATE: April 8, 1997 TO: City Council FROM: Christa Jones, Deputy City Clerk SUBJECT: Change of Location for Jet Liquor, 4403 Wadsworth The City Clerk's Office has received an application for Change of Location from Keith Blanchard, dba "Jet. Liquors", 4403 Wadsworth, to be moved to 4550 Wadsworth Blvd. #E, Wheat Ridge, Colorado. This is a Retail Liquor Store License, which expires August 3, 1997. You will find all the information pertaining to a change of location in your Liquor Regulations, Section 47-128.6, which is attached to this memo. Since this constitutes a move of only approximately one block north from Jet Liquor's current location across Wadsworth Blvd. to the Berkeley Square Shopping Center, Council may decide not to require a new survey, since this is still in the original 1-mile radius. Public notification will be accomplished by posting of a sign at the new location and publication in the newspaper. SUGGESTED MOTIONS: A. "I move to order a 1-mile radius survey to determine the needs and desires of the neighborhood for a Change of Location for Jet Liquors, 4550 Wadsworth #E, order the new property posted, public hearing published, and public hearing date set for May i9, 1997 at 7:00 p.m. " B. "I move to waive the 1-mile radius survey because the needs and desires of the neighborhood have already been established and will not be changed by this approximately one block move. I further move to order the new property posted, public hearing published, and public hearing date set May 19, 1997 at 7:00 p.m." ~,.:. concerning the reasonable requirements ojrhe neighborhood and the dashes ojrhe inhabitanu with respect ro the new l«atian, eseept that in the transfer ojlocatiors oja club license the needs ojrhe neighborhood need nor 6e considered. C. No change of locatiars shall be permitted until after the Department of Revenue, Liquor Enforcement Division shall have considered the application arsd such additional information as~they may require, and shall have issued to 1 the applicant a permit for such change. The permit shall be effective on the `/ dale of issuance, and the licensee steal( within sixty days change the location ojhis business to the place specified therein arsd ar the sdme rime Geese to conduct the safe ojalcoholic liquors from the farmer location. The prrmit steal! be conspicuously displayed c7 the new («ation, immediately adjacent to the license to which it pertains. D. In the case oja retail license no change ojlaca[ion shall be allowed ezeep7 !o another place within the tame city, town, county, or city and county in which the license as originally issued was to oe uercised. E. Upon application far change ojl«ation, public notice shall be required by the foedl licensing authoriry in accordance wick 12-37-l36, GRS. 1973. Regulation .17-128.6. Change of location. THIS VERSION OF THE REGULATION IS EFFECTIVE UNTIL hLSRCH 1, 1996. . A. In the event any licensee for the manufacture ar safe of alcoholic liquors that! desire to change hit place of business from that named in an existing license. he shcl/ make application to the Department of Revenue, Liquor Enforcement Division for permission ro change location to eke place where such license is ro be uercised ~ ~ ~ - ' "'" _ B. Each such application shall be~made upon forms prescribed by the ~~ -~ Department ajRevenue. Liquor Enjorcemmt Division, steal( be verified, and shall be completed in every detail. Each such application shaU~show'thereon • the reason for requesting such change, and in ease oja retail Iieertse,sha11 be supported by evidence that the proposed change will not conflict with the desires ojrhe inhabitants and the reasonable requirements ojrhe neighborhood in the vicinity ojrhe new location. In the case ajthe transfer ojl«atian oja retail license, each such application shall contain a report ajthe Iota! licensing authoriry ojrhe town, city county, ar city and county in which licercre is to be exercised, which report steal(show the opinion ojrhe local licensing authoriry concerning the reasonable requirements ojrhe neighborhood and the desires ojrhe inhabitants with respect is the new I«atian. except that in the transfer oj(ocarion oja club license the needs ojrhe neighborhood need not be considered. C. Na change of Location shall 6e permitted until after the Department aj Revenue. Liquor Enfrcement Division shall have considered the application and such additional information as they may require, and steal! have issued ro the applicant a permit jar such change. The permit shall be effective on the 6? :~ ~~ ~. t DR sacs (o~isa~ coLOaaoo aEPAaruFxr of aFVExuE ., iSQWRENFORCf7.tEN'rDMSION 1375 S!•IE}TMP.tr STREEr DENVER CO 60267 Request to Change Location This application is to be completed by every Licensee (Corporation, Partnership, Individual, Limited Liability Company) requesfing to change ifs location. otbe considered unless all applicable questions are Cully answered, all supporting documents correspond exactly ill i n ons w Applicat with the name of Licensee, and the proper fees are attached: _. IMPORTANT: This Information must first be filed with, and approved by, the Local Licensing Authority (City, Town, County) where th(s business Is located. Manufacturers, importers, Wholesalers, and publicTransporta3ionaystem licenses should return with the requisite attachments. r Enforcement Division Li , quo this form directly to the Colorado Department of Revenue, The following ocuments must be attached to this appliption: processing document (DR 8471) ~ Required fee [ Lease or deed in the EXACT name of the Licensee ONLY Diagram of the new licensed premises (no larger than 8 t/2' X 17', reflecting bars, walls, partitions, ingress and egress and dimensions of building) t. Name of IJce (list n e exactly ~ifap ors urstate I' uor license) ~- ~~ ~ Date fil with Loral Authodry 7a. tWPlicant is a _. ~ Corporation Individual ^ Partnership ^ Umited Liability Company Q Oth - er (spedty) u 2. Trade Name of Esfablistunent(OBA) - - - Stale Sales Tax Number mber State Uquor Uunse N r `~ - ' - - ~ ' - 3. Address of Curtant Premises ~ Business Telephone ?/ _~ - ' ~ ~ State/ .. - Coun ~ ~,~~ /~ Q~ C__t_J Z1P ~] ~ (Jt-~~/ eQ ~ Ciry or Town Stale SVe e 4. Mailing Address (Nu m~b fir- ZIP ~ / / / / ~ $, re550 ew rena5e5( ~-e:aclwu' of or ,neea mat aomnp~i+y this a0plotion) New Busine5s~lePf.one SS s State 1~ina ~ ~ aA ~ C~ cm ~ ZIP 3 . 6. New Mailing Address (Number StreeQ City or Town ~ State DP 7. Does the applicant have 7agal possession of the new premises by virtue of pwnershlp or under a IeaseT ~ ' Q Own _ ?~ n~~as the appear on the lease. ~r I ' 1 ~~~ I(leased, list name of landlord ana e i = t~ . .~rtfirrrr^r ~ , ) w /J ~oLStz- , OATH OF APPLICANT ~ under penalty of perfury In the secard dey Drat Iris applies and a/7 auachrnenCr ere true, mrrecL and wmPl to bes of myknowledga. Oata - - -- - Tale ~, /' _, / . RE AND AP ROVA F LOCAL LICENSING AUTHORITY (Manufacturers, nonresident manulaciurers, 4npaners, wholesalers, limited vnnenes, end public transportarlon Ikensas disregard the section below.) The liquor licensed premises Is ready for oaupanry and has been If'no; give date the building will be ~ ' T ~ Yes - ~ No completed end ready for fnspectlon- Authodt i y ng inspected by tfie Local Ucens The foregoing application has been examined; and the premises, business to be conducted, and character of the appl""scant are satisfactory. We do ments of the nelghbochood and the desires of the Inhabitants, and will comply with bl i e requ re reportthat such license, I(grented, JrIII meal the reasona the provision of Title 12, ANcle 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. -- im. ~ 0.4 sa~.rW. - ranca,vycitix,o~.r+o spa.w.. iti.(w.nl ^ TOWN. CITY ^ COUNTY AGENDA ITEH #1 HAY 19-, 1997 MEMORANDUM DATE: May 1, 1997 TO: City Council FROM: Christa Jones, Deputy City Clerk SUBJECT: Change of Location for Jet Liquors, 4403 Wadsworth Blvd. to 4550 Wadsworth Blvd., ~F, Wheat Ridge, Colorado. The City Clerk's Office has received an application for Change of Location from Keith Blanchard, dba "Jet Liquors", 4403 Wadsworth Blvd., to be moved to 4550 Wadsworth Blvd., n.F, Wheat Ridge, Colorado. This is a Retail Liquor Store License, which expires August 3, 1997. City Council waived the survey for the new location at their meeting of Aprii 21, 1997, ordered the new premises posted and the change of location published in the Wheat Ridge Transcript. Property was posted on May 9, 1997; notice was published on May 9, 1997. SUGGESTED MOTION: "I move to approve the application for Change of Location from Keith Blanchard, dba _ 'Jet Liquors", from 4403 Wadsworth Blvd., to 4550 Wadsworth Blvd., #F~ for the following reasons: - _ - ~ _ _ . __ ~ ,_:_- _ ,_. _. ... _. (1) All applications and fees. required by statute have been filed and paid. -- ----- - (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements. _ ~ • .. - _. . (3) The applicant is entitled to occupancy of the premises by virtue of a signed lease dated March S, 1997. ~ - _ _ _ (4) The needs and desires of the residents of the neighborhood have not been affected since this constitutes a move of approximately one block. - (5) There was no one to speak against this change of location." The Cityot ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Keith Blanchard Address 4550 Wadsworth 4~F Phone233-4597 Barkeley Square Limited Partnership, c o Duflgnn'ReaY~y Owner 1720 S. Bellaire St PH Address Denver, CO 80222 Phone Location of request 4550 Blvd, Wheat Ridge, CO Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver se change i Site. development plan approval ng u Nonconform Flood plain special exception Special use permit Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Public Improvement Exception Minor subdivision Street vacation Subdivision Preliminary Miscellaneous plat l Fi 8 Solid waste landfill/ na ** See attached procedural gul.un ~ Otherv+y- v for specific requirements. Detailed Description of request Temporary Permit to operate a package ror store Dendin rezoning , List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME 7~DDggESS PHONE William P. Stevenson 1720 S. Bellaire St. PH _ (303) 758_3131 enera ar ner Deriver, Co" __ _ - __-_ .~ ~-11 A11_-_. _. :. :.._ _ i- I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. ~ A Signature of Applicant ~~~r~ Subscribed and Gworn to me this r, f •., •. ..SEAL,-., ~,, ~ , 1 ~, .._ _. _ '7 -I 30 day of June 19 97 Receipt No. C• do 3~z~ Case No. TuP • 9~- • 3 ... ~, .. My commission expires April L1, 1 ^ ~~ °Gh, ~~ . v 5' T ~Gr' ~j~rJ h ~~ Itc.vnlevl ,n __-.-~-- dv nn4 _- M1M1.. .....1. _.__:.:_-.._aFCOIenEU 1N a .. .. .. ! \1'ARRANI'Y USED COUNTY Dh JEFF'EafiON STFr7L'" OF cal.oanno D.J. UfIOR[TY __ __ R[CC'PT 10N !!0. F.760%7945 ., _ -- '^•^"^",' D7/'14/B fi ~fi:9D 7fi.S ii - 'lII whnsr addrcs. iS 11059 East Bethany Drive, No. 21i I, I' Aurora •Comvy of Arapahoe . srn° of COlorado 8DG14 for the nvtsidcrulion oC ~'~ Seveo Hundred Thirty-Five Thousand and No/100-------- I~ ,~ _ __,~-----------------zlollarv. in hanJ paid, h°rchy scPl.+) :md c°mayt+l to BARY.ELEY SQUARE, an Illinois Limited Partnership Ij whcsclepataddres;y c/o Stevenson & Co., 1228 Fifteenth Street, ~~ ~- I I ~I a ~ ~~ I I .Ii I `I f'1 I ,I A ,;,nd Stmr cf Colorado 80202 Ii_nver C°unty of Denver the If,lluwing real pn,perty in the County °f Jaffer SOn and Bt:na of Culurxdo, to aic That portion of Lot or Blodc 14 of COULEHAN GR:INGE located in the Northeast 1/4 of Section 23, Township 3 South, Range G9 West of the Gth P.M., being more particul ar iy described as follows: I, Becinni ng at the North Quarter Corner of Section 23, awns ip our li '~,'Weat of the 6th P.M.; j~, thence South 00°22'00" West along the North-South centerline of said Section 23, ,~., iia distance of 1477.44 feet; thence South 89°45'42" East adistance-of 55.00 feet ~. into a paint on the Easterly right-of-way cf Wadsworth Boulevard, said point being 1 ,I the True Point of Beginning; thence South 00°22'00" West along the East right-of- I,~ ii,way line of Wadsworth Boulevard and parallel with the North-South centerline of I, ~; said Section 23, a distance of 150.42 fezt to a point on the Northerly right-of- li ~~way line of West 45th Place; '' 'Il thence South 89°45'42" East along the Northerly right-of-way line of West 95th 'il ~~Place, adistance of 216.OP feet to a point cn tha Llest line of EHRENKROOK'S I I~RESDBD?VISIOIJ; thence North 00°22'00" East along said West line, adistance of , 'I 193.90 feet; thence North 89°45'4'?" Wzs': leavi nn said West line a distance of ~~ ~",100.00 feet; thence South DO°22'OC" Wass a discaute of 43.50 feet; thence North -' uE9°45`42" 4lzst 116.00 feet to_the'rlte Pei~t o9f "° isp~ •q I' p~ ~' also knUwn h}'sutet and nUnil,cr ne 4550 4la~i i'.YOrth BOI11fVur7, 6F'J~r, COlOrddO 80215 ; ~ i~, ;for 1986 and subsequent i~ :J ,'I with :dt ;b appuncnance., :oW warr:un(sl to title m ehc s;une, subject to taX_ u - ~ I years; Cross-Easement Agreement recorded in Book i+062 at Page 210; underground I', . ,. drainage easement recorded in Book 2116 at e'age 147 and Book 2116 at Pag° 154; r Subdividers Agreement recorded as Reception No. 780156D1. all recorded in leffer-;'• son County (Colorado records; and all existing tenancies and teases. ,~'I I I .~~Iq .1y 86 '~, . I Signttt this 1~ day of .. J j' j I; w :I ~i. C., `f-'~-~ _ it ' . I ~,~ ~ ~ D. DHORITY Syr ,,ll .-., I _ _ - __ 13 ~, i q t\ ~ I: ,. :~ -° i si:nre or cotoanlyo. .. N ~ $$. it County nl' ~...~~~, id1i. ,, ,: r 1 Cuunry , r , i "1'he foregoing imuument \cas utAno•.vicdged bulnre n,c in tbe .;Ili+ ~i'~ day . ~~~ „f' .'~'I'i:/.'%.!. ~`+.J./; -.. , st,n\• „f Cel oradc 'i .~~"1 t;>,~`n,>.,~„~,,y' .1'186 .b.~ D.J. Dhority. I Ij.: l~.' ',~ r.. .+ , r` rob 7,r ~.~' '' ('~ ' ' h cdtnml Sinn c,pircs / f - rU.,L( C.Lt.:l~ (~' _~ ~^l I_C.~(r. , { °. `~: '~.f' ,^, i}41lrjCOt knv,)u,oJ and ul'(ie,al sc:J. -"t..,, ~ n~ ~ ~y~ .: r i '• : ~It . ° Sf nbcn . ,m\vr ~GirY+nd' - - ,w~•. _ - 'I _ It ~ WHG cti IfW"= _ _ , No. 89l. ka,. 5.W1. N,\NNAV:Y Uf Fn,5Arcl M1rno Il,nl,e,dl'u1NJUnr.tM:aW ,aL:ba .l.,6v..r1. ,'U,x~9r-, ~~ ~ LL ~~ w ~ Q F- J J w LL O w w I mlfj Q O.Q fL Y U WHEq CITY COUNCIL MINUTES t<, ~U m CITY OF WHEAT RIDGE, COLORADO _ 7500 W. 29th Avenue, Municipal Building ~ May 19. 1997 _ The Local Liquor Authority Meeting was called to order by Mayor Wilde at 6:00 p.m. Council members present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler and Claudia Worth. Tony Solano arrived at 6:10 p.m. Also present: City Clerk, Wanda Sang; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; staff; and interested citizens. LOCAL LIQUOR LICENSING AUTHORITY MATTERS _. tot 1 Change of Iocation for Jet Liquors, 4403 Wadsworth Blvd. to 4550 Wadsworth Blvd., #F, Wheat Ridge, Colorado. Applicant, Keith Blanchard, was present and sworn in by the Mayor. Property Owner, Vern Vohsaca, was present and sworn in by the Mayor. Mr. Vohsaca stated that there will be a new application for a liquor store at the current Iocation- 4403 Wadsworth Blvd. Motion by Mr. Siler to approve the application for Change of Location from Keith Blanchazd, dba "Jet Liquors", from 4403 Wadsworth Blvd., to 4550 Wadsworth Blvd., #F, for the following reasons: 1. All applications and fees required by statute have been filed and paid. 2. Notice of hearing and posting of the premises have been accomplished according to statutory requirements. 3. The applicant is entitled to occupancy of the premises by virtue of a signed lease dated March 5, 1997. 4. The needs and desires of the residents of the neighborhood have not been affected since this constitutes a move of approximately one block. 5. There was no one to speak against this change of location; seconded by Mr. DiTullio; carried 7-0. Mr. Solano abstained. _ -- - _ 847-441 8856 Jinn-C'.,,0-97 21:50 galvin TEL~303 ?3? '804 dtiN. -30' 9? ih10N1 1 [ ! I LAW bFP f CES POWER OF ?.TTORNBY _. P.O1 P. QO? The undersigned, Wil7.iam P. Stevenson, General ParL-ner of Berkeley Square, an Illinois Limited Partnership, whose address i.s c/o Dunton Realty, 1720 South Bellaire Street, Penthouse, Denver, Colorado 80222, hereby appoints Keith Blanchard, whose address is 1040 Ingalls Street, Lakewood, Colorado 60214 as Aforra Temnorart in the place and stead of the undersigned to apply p Y Permit/variance/Waiver and to Rezone to allow for a package liquor store the real property described as: That portion of Lot or Block 14, COULEHAN GRANGE located ir. the Northeast :G of Section 23, Township 3 South, Range 69 Weat of the 6ttt ?.M., being more particularly described as follows: Beginning at the North Quarter Corner of Section 23 ,° Township 3 South, Range 69 West of the 6th P.M.; thence Seuth 00 22 00 Weat along the North-South centerline of said Section 23, a distance of 1,477.44 feet; thence South 69°45'42" Eaat a distance of 55.00 feet to a point on the Easterly right-of-way of Wadsworth Boulevard, said point being the True Point of Beginning; thence South oo°22'00" Weat along the East right--of-way line of Wadsworth Boulevard and parallel with the North-South centerline of said Section 23, a distance of 150.42 feet to a point on the Northerly right-of-way lin® of Weat 45th Place; thence South 89°45'42" Eaat along the Northerly right-of-way line of West 45th Place, a distance of 216.00 feet to a point on the West line of EHRENKROOK'S RESVHDIVISION; thence North 00°22'00" East along said Weat lire, a distance of 193.90 feet; thence North 89°45'42' Waet leaving said West line a distance of 100,00 feet; thence South 00°22'00" West a distance of 43.50 feet; thence North 89°45'42" West a distance of 116.00 feet to the True Point of Beginning. County of Jefferson State of Colorado also known as: 4550 Wadsworth Boulevard, Wheat Ridge, Colorado 80030 The undersigned hereby grants unto the named Attorney in Fact the power to perform any and all acts necessary to apply for Temporary Permit/Variance/Waiver and to Rezone said property, including, but not limited to, the execution of any and all documents including applications, planning commission documents, appearing before the Board of Adjustment, Planning Commission, City Council, surveys, site plans, plate or anything else necessary for rer.oning. This Power of Attoxney shall not be affected by my disability. Dated this 30th day of June 1997, William }a. Stevenson, General Partner Juny3O-97 21_.50 galvin ___ 847-441 8856 d~~N. -~0' 9' (hiCNi I l I? LAW OfF!CES TEL.303 2~? -809 STATE OF ILLINOIS ) )ea COUNTY OF COOK 1 - P.O2 Y.UU3 The forgoing Power of Attorney was acknowledged before me this 30th day of June 1997 by William P. Stevenson, Generai Partner of Barkaley Square, an I].li.nois Limited Partnership. Witness my hand and official seal. ~{ idy Commission expires: ~~ ~q ~ f "OFFICIAL SEAL" ~< Brooke H. Hart >~ ' ~ Notary Fublic, State of Rlinois >, Notary Public My Cammissioa Expiros 1?l14l99 j~ _ NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on-July 24, 1997, at 6:30 p.m., at 7500 West 29th Avenue, Wheat~Ridghearingrorosubmit writtentcommentsens~ee invited to speak at the p ,~ following petitions shall be heard: ('asp No «A-97-i7: An application by Bradley Petroleum for 1. approval of a 39' front yard setback variance to the 50' front yard setback requiremeis zonedlCommerciaiSOnecandnlocateduat p00P0 canopy. The property W. 27th Avenue. ~ ~a No WA-97-]~.: An application by Shannon Hasch for approval of 2. a 6' side yard setback variance to the 10' side yaedtseisazoned requirement to allow an attached garage. The prop Y Planned Residential Development and located at 11421 W. 45th Place. „_,.,, wr., mrTp-97-5: An application by Robert and Star Malouff for 3. - p Use Permit to allow a mobile approval of a renewal of.a Tem brary zoned Residential-One home as a temporarroximatelye2777pKendall Street. and located at app No '~'UPr~7-4: An application by Keith Blanchard for approval ' 4. of^a Temporary Usro ert1tzonedlPlanned Commercial Development liquor store on p P Y ert is which currently does not permit that use. Said prop Y located at 4550 Wadsworth Boulevard, Unit F. 5 r, WA-97-11c_An application by Mile High Outdoor for approval of an 18' billboard height variance to the 32' maximum billboard height requirement, andro ertoczoned Lightn2ndustrialW the placement of a billboard on p p Y and located at approximately 6400 W. ,49th Drive. 6 s~ PTO WF-97-]~: An application by Mile High Outdoor for approval of a Special Flood Exemption to allow construction of a relocated billboard. The property is zoned Light Industrial and located at approximately 6400 W. 49th Drive. Mar}t o Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: July 4, 1997 Wheat Ridge Transcript RONAS.B W. SERVIS ATTORNEY AND COUNSELOR AT LAW 6393 WEST 14TH AVENUE. SUITE 100 LAKEWOOD. COLORADO 80214 Telephone: (303) 238-7781 Direct: (303) 237-3020 June 3 0 , 19 9 7 Gerald E. Dahl, Esq. GORSUCH KIRGIS LLC 1401 Seventeenth Street, Suite 1100 Denver, Colorado. 80202 Telecopier. (303) 232-7809 e-mail: RonServis~AOL.COM Re: Jet Liquors As you are aware, I represent Keith Blanchard, the owner of Jet Liquors, 4550 Wadsworth Boulevard, Unit F, Wheat Ridge, Colorado 80033. - This letter shall confirm our late Friday June 27, 1997 telephone request for a minor variance/waiver pursuant to Wheat Ridge City Code § 26-6 (D) (2) (a) . This letter shall further confirm that the. property was properly posted= on the 27th. That the posting period for the minor variance/waiver also started on the 27th. It is also my understanding that there were no protests received on the liquor transfer application and .that proper notices and postings were given for that posting period as well. Mr. Blanchard applied today for hearing before the Board. of Adjustment. It is my understanding that we-are scheduled for hearing on July 24, 1997. The owners of the property, Barkeley Square Limited Partnership, an Illinois Limited Partnership, are- very supportive and will be either granting Power of Attorney or themselves applying to change the zoning tomorrow, July 1, 1997. If you have any questions, p~e e cont'a ~. me. t onald W ~ Serv>_s cc: Keith Blanchard Barkeley Square Limited Partnership -*'~ - SUITE 1100 14OI SEVENTEENTH STREET DENVER, COLORAOO HOZOZ ~/IA TELECOPY AND U.S. MAIL July 14, 1997 Mr. Sean McCartney Planning Department City of Wheat Ridge 7500 West 29"' Avenue Wheat Ridge, CO 80215 ATTORNEYS AT LAW GERALD E. DAHL DIRECT DIAL: 303-299-8930 TELEeNONE (303) 299-8900 _ FAx (303)298-0215 MAILING ADDAE$$ P.O. Boz 17180 DENVER, COLORADO 50217-0150 Re: Application of Keith Blanchard, dba Jet Liquors for a one-year Temporary Use Permit Under Wheat Ridge Code of Laws Section 26-6(D)(3}(b) for Property at 4550 Wadsworth Boulevard, Unit F Dear Sean: This letter confirms our telephone conversation of this date concerning the referenced application. As we discussed, "package liquor store" is not a use permitted under the relevant Planned Commercial Development (PCD) final plan for the development of which the referenced property is a part. Accordingly, operation by Jet Liquors of a retail liquor store is not a permitted use on the property. Jet Liquors has been served with, and has complied with, a notice to abate and is not presently operating the store on the property. Pursuant to Wheat Ridge Code of Laws Section 26-6(D)(3)(b), Jet Liquors does have the right to apply to the Board of Adjustment for a temporary use permit to permit a use "not otherwise permitted in a particular zone district." Jet Liquors has filed such an application, and it is presently scheduled for consideration by the Board on July 24, i 997. You have inquired whether Code Sections 26-25{!X) and (V), which require that any amendment to a Planned Development be approved by the City Council, preclude the Board of Adjustment from acting to grant a temporary use permit for a ~ rA`~1r~g~~ t • 71I9~ ~' ,' n •"~ ~ ' hief's is°' . -/S- .. 7... . GORSUCH KIRGIS L.L.C. GED\53027\255260.01 ,-~;: Mr. Sean McCartney July 14, 1997 Page 2 retail liquor store at this location. I conclude that an application to amend the PCD is t14# a precondition to a valid application to the Board of Adjustment for aone- year temporary use permit under Section 26-6(D)(3)(b). The requirement of City Council approval for amendments to a PCD is not overturned or interfered with by BOA action on a temporary use permit, since such a permit, if granted, would not have the effect of "amending" the PCD itself. This is so because the PCD is the permanent zoning on the property; the BOA's action and authority is restricted to a temporary permit only. The two activities are separate, and may be pursued separately. In summary, the BOA has authority to consider and to grant, or not grant, in their discretion, the referenced application for a temporary use permit. If this letter raises questions, please advise. Sincerely, GOR KIRGIS L.L.C erald E. Dahl GED/pv cc: Jack Hurst GORSUCH KIRGIS L.L.C. ATTORNEYS AT LAW SUITE 1IOO I4OI SEVENTEENTH STREET DENVER, COLORADO BOZO2 TELEPHONE (303) 299-8900 Pax (303) 298-0215 MAILING ADDRESS P.O. Box 17180 DENVER, COLORADO 8OZI7-OSHO VIA TELECOPY AND U.S. MAIL July 14, 1997 Mr. Sean McCartney Planning Department City of Wheat Ridge 7500 West 29"' Avenue Wheat Ridge, CO 80215 GERALD E. DAHL DIRECT DIAL: 303-299-8930 Re: Application of Keith Blanchard, dba Jet Liquors for a one-year Temporary Use Permit Under Wheat Ridge Code of Laws Section 26-6(D)(3}(b) for Property at 4550 Wadsworth Boulevard, Unit F Dear Sean: This letter confirms our telephone conversation of this date concerning the referenced application. As we discussed, "package liquor store" is not a use permitted under the relevant Planned Commercial Development (PCD} final plan for the development of which the referenced property is a part.. Accordingly, operation by Jet Liquors cf a retail liquor store rs not a permitted use on the property. Jet Liquors has been served with, and has complied with, a notice to abate and is not presently operating the store on the property. Pursuant to Wheat Ridge Code of Laws Section 26-6(D)(3}(b), Jet Liquors does have the right to apply to the Board of Adjustment for a temporary use permit to permit a use "not otherwise permitted in a particular zone district." Jet Liquors has filed such an application, and it is presently scheduled for consideration by the Board on July 24, 1997. You have inquired whether Code Sections 26-25(1X} and (V}, which require that any amendment to a Planned Development be approved by the City Council, preclude the Board of Adjustment from acting to grant a temporary use permit for a GED\53027\255260.01 Mr. Sean McCartney July 14, 1997 Page 2 retail liquor store at this location. I conclude that an application to amend the PCD is r,~t a precondition to a valid application to the Board of Adjustment for aone- year temporary use permit under Section 26-6(D)13)(b). The requirement of City Council approval for amendments to a PCD is not overturned or interfered with by BOA action on a temporary use permit, since such a permit, if granted, would not have the effect of "amending" the PCD itself. This is so because the PCD is the permanent zoning on the property; the BOA's action and authority is restricted to a temporary permit only. The two activities are separate, and may be pursued separately. In summary, the BOA has authority to consider and to grant, or not grant, in their discretion, the referenced application for a temporary use permit. If this letter raises questions, please advise. Sincerely, GOR KIRGIS L.L.C erald E. Dahl GED/pv cc: .Jack Hurst - TELEPHONE: 303/237-6944 The Clry Of P.O. SOX 638_ 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80033. - GWh eat Ridge July 10, 1997 This is to inform you that Case No. TUP~97-4 which is a request for Pp p y ation of a packaged a roval of a Tem orar Use Permit to allow the o er p liquor store on property zoned Planned Commercial Development f r ert located at 4550 Wadsworth Boulevard, Unit F or y p op will be heard. by the Wheat Ridge BOARD OF ADJUSTMENT in the Council__Chambers of the Municipal Complex, 7500 West 29th Avenue at 6,30 P.M. on July 24, 1997 _ ___ All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's .responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. 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PLACE STICKER AT TOP OF ENVELOPE TO I ~Y:_`~, THE RIGHT OF RETURN ADDRESS. _ t (C) 1996 TRW REDI Property DatT~eCityof -------------------------------------------------~hea~ - lj/5001'~$~2~~~lE WHEA~f5~l9C~$,~pk7pt!$~QO~~ MAIL ZIP+4: 80033-3303 Ridge OWNER A/O: OWNER NAME FULL: SITUS ADDRESS: SITUS-CITY: STATE: O LEAK WILLARD C 4545 WADSWORTH WHEAT RIDGE CO BLVD SITUS ZIP+4: 80033-3303 2) MAIL ADDRESS: 6546 PIERSON ST l MAIL CITY: ARVADA CO MAIL ZIP+4: 80004-2778 OWNER A/O: A OWNER NAME FULL: REBECCA A BALOG LIVING TRUTTR SITUS ADDRESS: 4575 WADSWORTH BLVD SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-3303 3) MAIL ADDRESS: 9845 E CINNABAR AVE - MAIL CITY: SCOTTSDALE AZ MAIL ZIP+4: 85258-4737 OWNER A/O: A OWNER NAME FULL: THOMSEN IRVIN M & LOREINA SITUS ADDRESS: 4595 WADSWORTH BLVD SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-3303 » Reported data believed to be reliable but accuracy is not guaranteed « ~ ~ ~ K~,~ SO°~ Igo ~'~+ ~ (303) 234-5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 (c) 1996 TRW REDI Property Data 1) MAIL ADDRESS: __ -14631 N SCOTTSDALE RD MAIL-CITY: SCOTTSDALE AZ MAIL ZIP+4.c 85254-2700 OWNER A/O: A OWNER NAME FULL: __- HALLE-VON VOIGTLANDER PART. ._ _ SITUS ADDRESS: 4580 WADSWORTH BLVD SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-3320 2) MAIL ADDRESS: 7495 W_45TH AVE MAIL CITY: WHEAT RIDGE CO MAIL ZIP+4: 80033-3413 OWNER A/O: O OWNER NAME FULLi STELMACH T A & MARGARET R SITUS ADDRESS:.. 7495 W 45TH AVE SITUS CITY: WHEAT RIDGE _ STATE: _ _ _ CO SITUS ZIP±4: 80033-3413 MAILIADDRE55: _ 2275 BELL CT MAIL CITY:. LAKEWOOD CO IP+4: 80215-1784 __ OWNER A A OWNER NAME FULL: SITUS ADDRESS: SITUS CITY: STATE: 4) MAIL_ADDRESS: MAIL CITY:- ____ MAIL ZIP+4:' OWNER P:yO OWNER NAME FULL: SITUS ADDRESS: SITUS CITY: STATE: SITUS ZIP+4: MAIL ADDRESS: L CITY: OWNER A/0:~~ OWNER NAME FULL: SITUS ADDRESS R WHEAT RIDGE ~-- CO_ _ 80033-3417 7520 W 46TH AVE , WHEAT RIDGE CO _ 80033-3418 O MERKL ROBERT P 7520 W 46TH AVE WHEAT RIDGE CO -80033-3418 _4440 E BADGER WAY _ PHOENIX AZ 85044-6.033 A MARIE J TRUSTEETR - W 45TH PL CO SITUS•ZIP+4: 80033-3421 » Reported data believed to be reliable but accuracy is not guaranteed « ~P ,~ X50 t,~~dsUl h`~~ -PV ~~zd ~ ~ aG~~ac~ ~. ~~ ~~«r- co~ 8ozzz (C) 1996 TRW REDI Property Data 6) MAIL ADDRESS: 7435 W 45TH PL MAIL CITY: WHEAT RIDGE CO MAI ZIP+4: - 80033-3421 OWNE O OWNER NAME FUL ICHARD H SITUS-ADDRESS: 7 H PL SITUS CITY: WHEAT RIDGE STATE• CO S ZIP+4: 80033-3421 _,. 7) MAIL ADDRESS: 7470 W 46TH AVE ~ ~ L`CITY: -WHEAT RIDGE CO MAIL 4: 80033-3 OWNER A/O: OWNER NAME F MILLER MARY L SITUS S: 74 VE CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-3417 8) MAIL ADDRESS: 7500 W 46TH AVE MAIL CITY: WHEAT RIDGE CO . MAIL ZIP+4: 80033-3418 OWNER A/O: - O -- - OWNER NAME FULL: DUFF ROBERT F SITUS ADDRESS: 7500 W 46TH AVE SITUS CITYc WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-3418 - - » Reported data .believed to be reliable but accuracy ~,s not guaranteed 4 OFF 1 ~ 1 ~ L 4--~ ~ 100-YEAR FLOOD PLAIN ~ w 2 ZONI N6 M~~' ~_, ZONE DSITRIGT BOUt•IDRY) ~- -~._ T ~ I D G ~ ~' PARCEL/LOT BOUNDRY , ,o (pE51GNATES OWNERSHIP) _ GOLOR~'cDO ____ WATER FEATURE ~'~'"°° DENOTES NIUL-TIPLE AADRESSES MAP ADOPTE6 one 15, 1994 Last Revision: Septemlxr 16, 1996 ~ ~ ~' ~~ ~ ' ~,O ~ o1b av o°`, L:\ORAWINGS\PLANNING\~S\NW23 I R-C ~~ ,seo ue+ asm ~.s~+ ~ s ,seo .se+ asap +sss 11 aszo n is ism w Ylln rtYt 450D ,,A` 1 - w ~VS TH AVE ~ x }~~~ 1~ µM µe1 +aro alas µss R µµ aw µso aw µes u S ~_ µ~o µ~l ~~ ~ G_ ~ eAa,Ea PMY w .l.rt ~ r v~ •~ x. µu µ~ µ~ µms~ µu aaw Hla at15 µ30 aU3 r y n i ~ •~ ~~/ iV• 'G g Hte H~ ____ WµTry AIDE ____ T OI-1- I G I ~'cL ZONING M ~ i~ _ ZONE DISTRICT BOLFiDRY - PARGEL/LOT HOUNDRY LEI H ~ ~h T ~ I D G ~ (DESIGNATES OWiJr_~'2i SHIP) DENOTES MULTIPLE ADDRESSES COLO~~DO MAP ADOPTED. }one I5, 1994 Last Revision: January 9, 1995 GBhRTT187T OF PWdUN6 MD DEV6.OPh87i - ]35-?B52 !_: 1DRAWINGS~PLANNING\GS~NE23 uao I ssosl ~ I + I ~~2 --~~ ~~II ~r T I IT~1 I N~ 2~ n. o%, SCALE I'~400 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 24, 1997 DATE PREPARED: July 17, 1997 CASE N0. & NAME: TUP-97-4/Blanchard CASE MANAGER: Sean McCartney --- ACTION REQUESTED: A temporary use permit to allow the sales of package liquor. LOCATION OF_REQUEST: 4550 Wadsworth Blvd, Unit F. NAME & ADDRESS OF APPLICANT(S) Keith Blanchard 4550 Wadsworth, Unit F Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Barkeley Square Limited Partnership 1720 S. Bellaire Street Denver, CO 80222 APPROXIMATE AREA: 1.2 acres PRESENT ZONING: Planned Commercial Developement PRESENT LAND USE: Commercial SURROUNDING ZONING: N: Restricted Commercial, S: and ~.: Residential-Two and, TC1: Commercial-One, and Residential-Two SURROUNDING LAND USE: ~T: Commercial, .$: Church, ~: Residential, _ and W: Commercial and Residential DATE PUBLISNED: July 3, 1997 DATE POSTED: July 10, 1997 DATED LEGAL NOTICES SENT: July 10, 1997 Ewx~r~v TTTTO RECORD: ~ _ ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER 'n7RISDICTION The property is within the City of Wheat Ridge, and_all'hotification and posting requirements have-been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Case No. TUP-97-4 I_ REQUEST Page 2 The applicant. is requesting approval of a Temporary Use Permit to allow the sales of package liquors on a property that does not permit the sales of package liquors. The applicant is seeking approval of a one (1) year Temporary Use Permit, during which-time he will be requesting amendment to the Planned Commercial Development before the Wheat Ridge Planning Commission and City Council. According to the verbiage attributed to the Wheat Ridge Plaza Planned Commercial Development (see attached), under "uses that are denied", package liquor stores is listed as such a use. Therefore, the applicant must receive a Temporary Use Permit, or an amendment to the Planned Commercial Development prior to operation of-the liquor store. _- _ Generally, package liquor stores are permitted within the Commercial-One zone districts.- The applicant has received a valid liquor license through City Council approval. But,- because the use is not permitted by the existing zone district, the applicant is seeking approval of the temporary use permit. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. No. Because the package liquor store will be located within an existing commercial center,_approval of this request will not have a detrimental effect upon the general health, safety and welfare or convenience of persons residing in the neighborhood. Generally, package liquor stores are permitted within the Commercial-One zone district. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; No. Because the use will be located within an existing commercial center, that_has been operating for twenty years, approval of the request will not adversely affect the adequate light and air, nor cause significant air, water, or noise pollution. Also, there will not be an'adverse affect of the existing drainage for the site- Page 3 Board of Adjustment Staff Report Casa No. TUP-97-4 - 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persona whether on or off the site; No. This commercial center has been in operation for over twenty years and has-had various businesses upon the premises. The proposed liquor store will occupy an existing leasable facility. Therefore, the proposed use will not-create the need for additional space. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. Yes. The liquor store will be occupying an existing leasable unit, and therefore will.be in compliance with the existing_setbacks, heights, parking, bulk, buffering, screening-and landscaping, so as to be in harmony and compatible with the character of the surrounding properties. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Because the proposed liquor store will be located within an existing commercial center, approval of this request will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT A G E N D A July 24, 1997 WheateRidgeeBoardgofeAdjustmenblon Ju1y124,t1997 at16:3OfPrM•tn7500tWest 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. APPRO4E THE ORDER OF THE AGENDA 3 subject not appearing onh the agenda anyone to speak on any ¢- PUBLIC HEARING „_~, No .i.Up_~7=g, An application by Keiph Blanchard foackapedval of a p g i A on of a Temporary Use Permit to allow the o erat nt, oned Planned Commercial op e liquor store on property z is ert ro Said p p Y t p e u Unif F Boulevard 4550 wadswo~th at located s ~No WP-97-i7' An application by Bradley Petroleum for ~o the 50' front ca , _ approval of a 39' front-yard setback variance allow the construction of a fuel pump yard setback requirement to zoned Commercial-One and located at 10010 i s canopy. The property W. 27th Avenue. C (`~~~ ATO WA-97-16: An application by Shannon Hasch for approval of se d ba a y 0' side t i e r o a 6' side yard setback variance to thg 1 zoned ttached gara e. Thep p Y requirement to allow an a Planned Residential Development and located at 11421 W. 45th Place. D C', No ~^rA_97_ig: An application by Budget Garages for approval 0' re r yard s b Y of a 25' rear yard setback variance to the 3 ert ro t to a public right-of-wa Thep p Y d jacen requirement when a d Residential-Two and located at 3620 Hoyt Court. is zone E. r-sP No WA-97->>: An application by Mile High Outdoor for 8' billboard-height variance to the 32' maximum approval of an 1 billboard height requirement, and a reloc d LirhtnIndustrialw zone the placement of a billboard on property 5 49th Drive. 6400 W . and located at approximately U'~~RLr[A9u/~'i~ r-~~ No WA-97-12: An application by-Gayle Maschari-Mohr for the 6' maximum fence 5~~~' approval of a 2' fence height variance to ment to allow an 8' fence on the side and rear i d re height requ zoned Residential-Two and locate i Nyq~y~'¢.i,f s property lines. The property ~~ .~ at 8350 W. 41st Avenue. ~.~~ 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes: June 26, 1997 8. ADJOURNMENT T ~. z ~~'^ tOffAi(INGS(PCANNiNG\QStNE23 '~'~i"~~,., ti' E ~.. i ,, .,, i; is K(.'( ~Mt t ~ ~S10 ~~ ~ l , COQ ~ ~. ... 75~: I; . 1 ~~ ; ~: ,. ) i i R-G G 1 I~/. i 44M0 BnGFR'R W G- I P,~ (~ 14vo w .4s n+ nve H90 N99 k 44)0 M0.5 4460 H35 4441 4413 4440 {.143 44ys y~ $ ~ ~ ( p H22 4 4455 _. S H1J 1425 4YD 4445 HIO H13 N30 {433 /r ~ •1 M10 4{23 - lV• g - ~ H00 __-- wa+n+ nve ---- T O~~ I v I' `~ -ZONE DISTRICT BOIR~tDRY ZONING M t4 P - PARGEL/LOT SOUNDRY iDE51GNATES OWNERSHIP) l~l H~~ T R I D C~ DENOTES MULTIPLE hDDRE55E5 GOLOi~~DO MAP ADOPTED: June 15, 1994 Last Revision: January 9, 1995 GBhRTF~fi OF PLnNNINi MD GEVB.OPhElT - ]35-2852 ii 4s~1 '--- --- ~ aryl 4s~o uol 4351 u3o 1561 4555 45J0 4535 4525 0.510 4 4315 4310 1555 4305 4500 4505 a i 4195 } ~ ~ ~ N 44'!3 } 1463 ..,5 b I ~ r -T1 ~ r-'1---~ ~ r I ~~ ~~ ~.y y ,b srhLe rr4ao L:\DRAWINGS\PLANNING\OS\NE23 ~I'vi,i~ - ~--i ~ ~i ~V }~14~'j ~~ l~ ~~ caAlrca~ t~'{3~v~t~'~'t~sH G-tu-~s S€ o ~~ ` 'Frc.vnn SCd-1c~oL- ro ~m ~~~`I j~~vt(u~'~ ~ c4 tY~N o q-f'p~~zc~1r bin rlc~r ~ni3nti« ,3vt~ ~i'PL tG,aY[cN H uPn+~ ~--ti~~ LLcr, isC t-l-l~*R~1~~C~ r Ta- o~ 1~i1"EYLS W~YL-~ !~u~3T~f~Tf~D ~otZ 1 ac.~Q ~b~.~2U2y o V ~iZ 1 ~ -to t~1f . i,U~E ~~ 3 ~ ~~ ~ ~ ~ ~, ,~ ~~~ e ~' ~ ~ ~~ ~~ ~ - C'~~ u2r~~ v~cQ 8 0 a a 0 a 1~ c. c. ~ltic.~~" LL1L~/J c17.L~iW~,e~ d~" Gtrwt,t.`, ,rim ~2.CGC ~ e.~ Ce.c</yc- ~/~~,o~.~.~-~" v.~.,-`~~- ~ Y`~ `"~ s '' ) ~~ ~ ~ q )~r~Lt-G~ ~ vt-~ J~tti`v W~/S'e- ' //LQltrt..IX V Cep-w~.~..u.¢ ~ ~- ~~,~'- y-~ct~ i ~.e~, -,2~"'~"~ictiQ ~r~ l~GV~¢.t~.!~ Lam, EA.C.cu~/. f-1~Y ,q~~+- Gai,~i(j" _ ~u~ e-» f- ~L~ ~-~- ~v~.t-e~: 13uS uul~s Lc c. ~'~' WL1.C~..L S~ Ll.`~~"-~ y°.~-~ cPAt~S. oav'~ _~~ /@~ ~~ ~~ b~ Lid @MYC! ~y(~.~.t~ . ~'~" ~ ` ~~ g~.e-s Gcu- `2~'~'~P~- sc,k,eto~t S , Exhibit "A" Mi~rtgagee: Jefferson Bank of Nlorida ;i01 4lst St Miami Beach, FL 33140 305-532-6451 Tenants: Kathy Bryden 4b7-9796 Dean Larson 456-5086 Yoan Kim 424-0245 New Canton Rest. 425-4406 Micheal'1'cnant 420-7990 Dennis llaumer 423-6339 Yhsycic C'entcr 420-7440 Peter Hundley 421-7912 l iiglter Spiritualism 423-4446 Brian Wcllons 719-578-0935 _ __ 4 n ( nxcE~ L DEDICATION ~ _ • H1I ALL IU fY MX PPESF91r3 iNAT t M UIUFPSItlRD Y£INP M aRRR a A IAIC'EL a .. ~A-i a-i f ~ ~ ~' ~ 1AdLnurm ~[ M wirxFASr awYTEN IR.F. uU.;s[erld n. 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[ Ma A SIIIYR a ~.~ 1' /- _ _ ~ M AWYF ..(XS:e[D irtpeENT4-CI(I Tff.AnACII}~Caf x:lrliK LF61L a.X[IITid ME COMECi 'q M L[Si a NT gAhttttF. 1 fU1NEi CDRIn MT 1 POIPU d 5FT IYMrENIS Ai ILL iME BaI6YAT'((O0PPIINRS a iNIS SURYCT AS I(DIGTFN d SAIf aUYIRG. [ ^""' ~ ~-;- ~ ~~ NxTllFl LGi1fT :dl 1 xArt EpRIfD IN ILL PESMGn Yln M NgY151p16 a rAPASFAIM ~++''•~S~yyjD -- -- -- '- M~ MiI¢L 51 a liltf b. C0.pPAW Pn1Xp SYATURLS 1911. /~i' 7~ 74 ylnp. I E1.fi`5.1'-Rf r x0. iTe --'` j'e+- :5[FD: 11 ~' D~ I Nfi¢. -~ VSFS USES TNi AAC aaffp IT M pIRECTd a [mlRwln pLRLpNFM ISLY fE !fr(ILfp ANL MINAlSI. TNIT N M tI,NNIN6 [fMI55id id FINAL OFIFIDIIdild. Npr N1TM STAIpi9G ANT .ISTID: ME 11 OMi PrDY ISIW RELATLV[ i0 ALLPSD USES. M fOLL0111RC VSES AIY GrRE55LI 'AIRIS. IfJLIIT DEIIIFD! 1T[p N11NIN M aYTLDONDIi: Br1~ 1 fdL14AJ3E5, IRLWIIIL MINlAMf GM ~ ~ ~ I IUIiC 14.TIMRTES Y 5[YTI¢ SlAila6. CM YA511, NOid NFL riLLIi1C STAT[d, GP WS f[t tE]'AIR NN5ER16 a told T(XI¢6 YAiF- tr M ~ N/IaCeILEi. tAK2. Npl1E tMllEi. IdilE IOE. 6dT. A~ TMYEI. t[.LIlC4 24iS APp IIFf~ i St2YlCi. AS LPL rS NGn FW19Kit[ D1RU TAIN6 ! AL pILD[ACS. 1 KStlf lYr0. a IIpI¢ DCPIMN I I ~ WARiRNf'ST89LS . SlaES, 11RAM l/flSE1~T ~[ BLSTRIfUflal STMId (Y[LESlLE) fYLU01Yf ERf IMG ARp ¢[MINC SXOPS ' Ifh:E AT ' ~ RILLiArO rAAtatf AM LVC A0a6 S AN) KNTINC .Of I . T-~YFPICAM S4ES ~ 3CIIYlCE3 IN[LIAIPE SERYI¢ STATIOIR AFp KL PIMrS .£[iR1Gl 1 Cd$rMClld FNiNSNi ANB xGn EpI[IKNI SN.FS, SEMIQ ~SrdfS. ~ fAkl ipUlACNf SN.FS. S(AYICE AYp STOPKE , AIIIT SUTALI. 1¢ rlAlrt AIO al NEAT STxnd TlKSDL }IM[V1S ' N~URSING~ ~ ~ URTt1SSEe SIpAI4E a ANY iTrE :IYFS1- ~ NSA !<LaCTUPI~jNG Ap/Bl LIBIi IPdlfiilN aEMTla6 C¢J STaNi ItMT lBfilllC ttAYi .~- S.2 fEWIEN[FL NLIT Bf1TA.LC PMTlGE 01IILLTS. PAC[Vi LIaAII STaE3. L-IIIIGS, if011 ¢W5. MIIAiF 0.1p3 AIO TM9 ' Np 5[pRC ~FO[,~,M~~SI~LE a MmIO~IMNIC d E-IIATm MTdIAti ' pilY4IL rFSfJ+alµ ~ _ .. 5 _..... r . -. .. solidated indu-s:tries; inco~Qorat~:d„ °_~~ ~- lswo~th plaao-_ _ ; °_~ RLIRTN iDY1DC ti4leE has 19m W RALLp~DI RGp mtDFll. CaL~ Bacot 21!)Sn ' 9 • ,S '. .. ~ ..... r . h~. U(~ _q~ _ ~ ABUNDANT GRACE.F-ELLOWSHIP 4535 WADSWORTH BOULEVARD , WHEATRIDGE, COLORADO 80033 .- Cr+u RCR PHONE. 623-2625 P4STOR ~, QRVILLE A. FREESTONE. JR. July 3, 1997 Mr. Jack Hurst Planning Division City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Reference: Jet Liquors Dear Mr. Hurst: c/'` ~ ~~~ .~ The news of the recent opening of Jet Liquors at 4550 Wadsworth Blvd. in Wheat Ridge is most distressing to our congregation. It was our understanding that the operation of a liquor store so near to a church was against city code. This particular store is approximately 100 feet north of two well-esta is ed churches: Holy Cross Lutheran Church at 4500 Wadsworth Blvd., and our own Abundant Grace Fellowship at 4535 Wadsworth Blvd. We wish to lodge a strong protest against the opening and licensing of Jet Liquors at the above-stated location. We feel such a business is totally out of place so close to two places of worship. Perhaps the fact that two churches have been in operation for years within the same block was overlooked when Jet Liquors chose their location. We respectfully request that you consider the location of this business and reject the licensing for it. We would appreciate your prompt reply. Thank you for your consideration of our request. Sincerely, f~~ F~,'`_,.I, Robert G. Blackwood Secretary/Treasurer xc: Dan Wilde Jerry Ditullio, Jean Fields, Ken Siler, Claudia Worth, Teri Dalbec Rev. Arlyn L. Tolzmann Tony Solano, Janelle Shaver, Don Eafanti, RONALD W. SERVIS ATTORNEY AND COUNSELOR AT LAW 6595 WEST 14TH AVENUE. SUCfE f00 ~. ~ LAKEWOOD, COLORAD080214 Telephone: (303) 238-'778! rn~: (303) 237-sozo June 3 0 , 19 9 7 Gerald E.-Dahl,- Esq. GORSUCH KIRGIS LLC _- 1401 Seventeenth Street, Suite 1100 Denver, Colorado. .80202- ____ Re: Jet Liquors Tetecopicr. (303) 232-7809 o-mail: RonServis@AOLCOM As you are aware, S_represent_Keith Blanchard, the owner of Jet Liquors, 4550 Wadsworth Boulevard, Unit F, Wheat Ridge, Colorado 80033. This letter shall confirm our late Friday June 27~ 1997 telephone request for a minor variance/waiver pursuant to Wheat Ridge City Code § 26-6 (D) (2) (a) . This letter shall further confirm that the property was properly posted on the 27th. That the posting period- for the minor variance/waiver also started an,the 27th. It is_also_my understanding that there were no protests received on the liquor transfer application and that proper notices and postings were given for that posting period as well. Mr. Blanchard applied today for hearing before the Board of Adjustment. It is my understanding ,that we are scheduled for hearing on July 24, 1997. The owners 'of the property, Barkeley Square Limited Partnership, an Illinois Limited Partnership, are very supportive and will be either granting Power of Attorney or themselves applying to 'change the zoning tomorrow, July 1, 1997. If you have any questions, p ea e con~ag~ me. ~/ ~~ / `~ onald~W~ cc: Keith Blanchard ~, Barkeley Square Limited Partnership July 7, 1997 City of Wheat Ridge , 7500 W 29th Avenue Wheat Ridge, Colorado 80033 Attn: City Zoning Administrator c/o Mr. Jack Hurst Dear Mr. Hurst: Re: fiemparary use permit for Liguor Store at 4550 Wadsworth I strongly oppose the permission for a liquor store to operate in Harkley'Square Shopping Area. T represent my mother who owns the home at 7445 W 45th P1~ which is the second home East of the shopping area. We do not feel that this use is a good one for the neighborhood. With the problems that liquor stores can bring to an area, We also feel that the shopping area is too small to allow for any more deliveries by semi tractor trailer trucks, as was witnessed when a beer delivery truck was completely acr©ss 45th place trying to back up to the store to make a delivery. A liquor store is not allowed, as you know, under the zoning; and for the city to allow this, I feel is illegal. Twenty years ago when T represented my in-laws in the sale of this property, the neighbors did not want this type of use. It was certainly not the intention of the sellers or the buyers at that time to dump this use on the neighborhood. I fe21 that this should be the case at this time also. We feel that the city Council should not have waived the neighborhood survey, which is the normal procedure when a liquor store relocates. There is a vast difference in the neighborhood at this location then was at the corner of 44th and Wadsworth. (West side) Cordially, ~~ p/~ ernice Merki ~~G'~-LJ 7175 W 34th Place Wheat Ridge, Co 80033 i ~IO~y - CROS N C~iURCI.1 July 7, 1997 Mr. Jack Hurst City of Wheat Ridge Planning Department 7500-West 29th Avenue Wheat Ridge, CO 80215 Dear Mr. Hurst: Please note the enclosed signatures of persons opposed to the request for a temporary use permit by Jet Liquor Store at 4550 Wadsworth Boulevard. The signatures were gathered on July 6th, and considering our attendance was down because of the holiday, such shows a great deal of opposition Holy Cross has to the Liquor Store issue. • 4500 Wadsworth Boulevard • Wheat Ridge, Colorado 80033 • • 303/423-5654 • FAX 303/456-7450 • We, die inentbers and friends of Holy Cross Lutheran Church at 4500 Wadsworth Blvd., OPPOSE the granting of a temporary Use Permit to Jet T arnior Store at 4550 Wadsworth Blvd., Unit F. --~ Please si n fult name: ~ Please s' u ame: ~~ ~J ~, %~~ ~\ ~.~.~i Q • ~. ~ V~. U G-1.-~., .~? - o ~s ~ ,. . ,~ - i - . , c'~-~- ~~~~ .~ ~„~- We, the members and friends of Holy Cross Lutheran Church at 4500 Wadsworth Blvd., OPPOSE the granting of a temporary Use Permit to Jet r ;,,,,~,- 4rnre at 4550 Wadsworth Blvd., Unit F. We, the members and friends of Holy Cross Lutheran Church at 4500 Wadsworth Blvd., OPPOSE the granting of a temporary Use Peniut to Jet Liquor Store at 4550 Wadsworth Blvd., Unit F. nro.,~A ~;~., f„1i4.,~,,,A• Please sign full name: ~ - n U~" ~ i _ / //• ~ Y L ~. ~~ ~ { ~~LCC oTLe~~~ 7, !q`~7 -Ta ~ e / Ty ~,~ o o W GCpFf~FT k'~ID~F ~2 9't .4 v E. pL~-u,u/~~ .~EPft-X27-,w~c=.c~- Ix1/e. S~c;< Nu.es : a ~ n>`~- r~o ~~-rr rr ,~,~-ri ~.FTT~ s - ,~ cem2 b:,vc, o u~~-~-~s ~~~.rz ~~ r /-f~4uE REC~iUrDf /,v rr~~ .c~-s% /-l-~T ~ln~c P~.a-,~.v/.rug. zDif//N~ f~D7Yl/.U15 %~R-TD2~ A//D ~ o~v GA-sE 7~~A /2T/'YI ENT. ~~~ /,~'Ff-S TO ~4 7 ~ T~~ oo l~iy1 . 'T6~'.F .L ~S i ~ r-u-T, 9~3, o,u ru.cy 7i /y ~,,~-T r~~ Pur3t~c ~C~2.- ~ Er'/-z!R D F dY.l ~ `~ ~, / 9 4 7 S rH- ~3 /d-T Yd~~- zO,u/N 6 /~~ iomu~b Nm r I,~E ~F-cv; /?,cab Th' a Trv~ ~~'C/sio.u muG /HAKE ~N „A.~/h/'cJlS 7~ f}D /h/ti/S T~A7a2 ,~~ 7P6RAR`/ u 5'F j~c72/j?/T'/~ ~E~JCC~-s~"D v b, ~~ ~,~,~D/.vC ~E ~ „ A T s/SSC ~A ns ~a~~ I3 ~3Y TIfE ., ~~%- ~/ Puo/~ ,5~7z92E ~; ao P m. ~' (,(9f}S /.UF02/~'J~ 7~ftT ~•uS' L~dh~ /n~~u73 T l~ u9/2 i T/.UCy SFr-flP~ Th`~ 3 a oo P gyn. J7~~ /s/a.u_ r~ ,~v~=. ~ h ,g,v~ ti/u/tip ,4'r 76 ~o W. 46 ~ o /yl~f2fC,C ~ a~ u~,uE-~ s,,~o n~~~ u~.s H r-o AD ~7'.4eE~vT To n~~ ~.~,eK~~l 5'G~~,~~= y 6L3 ~FCT/o~5 To %a~ y T~7~tPo~~7L`! use Pc-ntitrr ~ P.eE55' 1~1~/ BUSi.vESS ~ T T/¢E- -S/S~`o FoR 7~f~ PAcX.4~c ~ ! QuaR ~s 13~-s~~ o,u nfF WrtDS c~d~r~v /~ bD2G-SS o my a~[~~ec.r'ro~ ~ R G,e~i~~.t,T- 6 ~ 7~ /S P~,eeE-L m ~ ~ AN® To /977 S~l~.~ -~ ~trct~ yF,viFS THE usE 'o,~ s.¢~-D ;.U.~usri2/,ES, ~ SP~e/F/e>4L~y ar-,v/ES~ `C~O~JSoti.l.7~~~ /'~24,~E/2T/.FS Fl7R. ,S~V ~kAl. uS~' -. ~~ ~~E.UT~D mA LT a~~AGE pi9~cKA6E ptrTL~'TS ~ PR'GK~~E N,6~T ~~.ce.t3s; P~rv~-rte Lucas, /fND D/~- SrD2~'s ~ tiou.~G~'3 ~ ;~ L3Y 7t~asF ~ ~v~.v6 /~u---- - ~eE ~u. r f= m2-. I~HP.$o 7NESE ~ES,~rcri~ 7730 5/~S~ .CANO ;~~tQecc. i7~F l~c~tiY- C~COSC O/L ADTAC'EAl7- ~-p TP`tE SBU~/ CROSS GurHt~fl~1 Cf/~,eC/{, Ac2oss ~E srn~~-r- ~c so~~ ~sr _ ~E A,JTTAC'EN/T if/o.~T!-/ ff.CSO OKiJ EC 7~~ 7'b 7'7/~3E ~//J/,rJESS R va'~o,FNT P,eoP~mysezFNt7/OrI-I D N S/DE ~t'~Ei SlDt72c~ cSr'/tiL ~ ~ C~O.u ~ SRO Dc~7S/ d u9 ,r/~7Z/ ~ ST/.cL l3 Fi' E~, Tt/~S~ ~' rA ~ ~~ sr.~ rc n o,r1s nius r' URLi ~/ ~~A ~3c Acc e-i~ 0 ~~4 ~D.. ,~/N~'~E~y „eG,~/Ge ~~~o ~ ~sao ~ ' ~oo~~ y~~-i~~7 ~,~r~-r n/bow, eo- r~c~~~~ -:~~ Ghief : ~ 'fiG4' ~- -4 ~IO~y ~ CROS N C~iURCI-i July 2, 1997 Mr. Jack Hurst City of Wheat Ridge Planning Department 7500 West 29th Avenue Wheat Ridge, CO 80215 Dear Jack:' I want to go on record as opposing Jet Liquor Store's request for a Temporary Use Permit at 4550 Wadsworth Boulevard. A liquor store 100 feet from a church is not something that Wheat Ridge should allow. I do not know what the ordinance is governing such, but it needs to be changed if such is allowed presently. In talking to Rev. Orville Freestone of the Abundant Fellowship Church at 4535 Wadsworth, I know his congregation is also opposed to a liquor store at the location in question. Sincerely, ~. The Rev. rlyn L.~lzmann • 4500 Wadsworth Boulevard • Wheat Ridge, Colorado 80033 • • 303/423-5654 • FAX 303/456-7450 • - . r~sei~ctf hiefs Ogic 'J-~-Y ~ July 2 . 1997 Mr. Jack Hurst Wheat Bidge Planning Board '700 West 29th Ave. Wheat Ridge, Colorado #80033 Dear Sir: I would like to take this opportunity to express our opposition to grant a liquor license to Jet Liquors, 4550 Wadsworth Blvd. This location is too close to Holy Cross Lutheran Church, and in addition there are several other liquor outlets in close proximity to this area. Yours truly Q Willi~d Mary andall 1 ~1~~ . ` ~• rs. `~~F~}C • ~ 3kt `~x . ~ ~.1 Iq~y i x~9 o~C C a 'F ' 1,' C 1 ~~ • i > ~'".. ~,Ii'z~r, ';%' ' /lam'-~~~ ~.! /' ~~. / ~CJ `/ '7 ~:' r// t// (J :~ . .s- j ~ ~~ ~/ v ~~w.. 1661 ~ o ~nr ®~1~n1~~1~~1~1 PUBLIC HEARING SPEAKERS' LIST CASE N0: ~~p_q~_4 DATE: --JU-1~ ~4,~99~ REQUEST: An application by Keith Blanchard for approval of a Temporary Use Permit _ to allow the operation of a packaged liquor store on property zoned Planned Commercial Development, which currently does not permit that use. Said property is located at 4550 Wadsworth Boulevard; Unit F. i ; Position On Request; i ; (Please Check) ; i FAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED , ' ~5i ~ Lci ~~~_ i i i 1 01- ~t-1-a.~~U =`.rC~w~ 1 _ lrL,i rc'y G ~ .•;~; 1 i ' ' ~ ( /1d7J1~ F / /,C -%l/y. ~S11r} C/J/JE'o~//~i:/.rr^ f~c`J ~ ~ /! /~;% ' ~ ~ ' e ' ~ ' Jn • ~ ., c .~ F ~, rte YI ' ~ JY /"!U ~I^I!' iT "~'( '~~/ C 1 /id6t`i~ ~T~ ~.~F.C~~trlr~n~ t~ri~~~ ~~~r C~~~~n~~TN°"f+'~ ~ ` ~ . i ~ i i 1 ~ 1 I 1 1 1 1 ' ' 1 1 I 1 1 ~ 1 , , 1 1 1 1 1 1 1.. , 1 1 , , 1 I , , 1 1 1 1 , ~ i i ~ 1 , ~ 1 1 1 1 1 1 1 1 ' ~ I ' t ' i WHEAT RIDGS BOARD OF ADJUSTMENT MINUTES OF MEETING: July 24, 1997 2. 3 4. APPROVE THE ORDER OF THE AGENDA Page 2 Due to the sign not being visibly posted for 15 days, Board Member ECHELMEYER motioned fox-Case No. WA-97-12 to be re-posted and rescheduled for hearing at the September. meeting. Motion seconded by Board Member WALKER and carried unanimously. Motion was made by Board Member THIESSEN, seconded by Board Member._ . ECHELMEYER to approve the agenda as amended. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. PUBLIC HEARING A ~~ "Trip--97=4-: An .application by Keith Blanchard for approval of a Temporary Use Permit to allow the operation of a packaged liquor store on property zoned Planned Commercial Development ,_ which currently does not permit that use. Said property is located at 4550 Wadsworth Boulevard., Unif F. Sean McCartney presented the staff report and entered into record letters labeled,Exh_ibit `A'. All pertinent documents were entered into record, which Vice_Chairman MAURO accepted. Board Member ECHELMEYER asked when the applicant moved into the liquor store and what processes did he go through, Mr. McCartney said he applied to City Council for the liquor license in April , and May, but does not know the actual-move in day. All business licenses get approval from the planning department. However, since the applicant did not apply for. one with his. new address, the planning department was unaware.' Legally, the applicant should not have opened without a current business license. Board Member WALKER asked if the restaurant has a liquor license, and Mr. McCartney replied yes, but there is nothing in the development that prohibits restaurant liquor sales. The development specifically states no packaged liquor sales. Mr. McCartney is not aware if the store ever opened or not at this location. Ronald Servis, 6595 W. 14th Avenue, Lakewood, attorney for the applicant, was sworn in. He said the applicant was in business for four years on the corner of 44th & Wadsworth, and recently WSEAT RIDGE BOARD OF MINUTES OF MEETING: ADJUSTMENT page 3 July 24, 1997 moved to a new location that is safer for traffic, a lot cleaner and brighter, and is a newer facility. The liquor store is Mr. Blanchard's livelihood and he has spent about $50,000 for new equipment. The applicant had a business license atwith the liquor location and assumed it would transfer rightroximately June 20 and license. He moved into the new facility app did open and operate for about 2 weeks before he received a `cease and desist' order. He continued saying that packaged liquor stores are acceptable in Commercial-One zoning, but are excluded in a Planned Commercial Development. There has already been an established need for liquor sales in the neighbdrhoodlvedthe City aschancevto seenif it year Temporary Use Permit will g' _ will work and perhaps allow for a re zoonlawslincluding passing Blanchard has abided by all the liqu three `sting' operations conducted byroved thetmovegofPthecliquor Department. The City Council has app license. No questions were asked of Mr. Servis. Board Member HOWARD asked the applicant with the redevelopment of 44th & Wadsworth, had he given any thought to moving in there, and Mr. Blanchard answered that the owner didorostorewwouldrnot in that happening, and he also felt his liqu survive during the construction. Connie Davidson, congregation president of Holy Cross Lutheran Church, residing at 3600 Garrison Street, was sworn in. She represents the church and does oppose this request. Ms. Davidson re}d a letter from their pastor also in opposition of the Temporary Use Permit. The owner of the liquor store, Keith Blanchard, was sworn in• rior Board Member ECHELMEYER wanted to know why he moved from ,the p location, and Mr. Blanchard repliedush~entwisaallotycheapericer, better place with easier access, p Board Member ECHELMEYER asked why the applicant made no contact with the neighborhood prior to leasing this space, and Mr. Blanchard said he thought that would be part of the survey. Mr. Servis added the unit was posted prior to the hearing and there was not one protest registered. Discussion followed regarding the old law on the PCD. WHEAT RIDGE BOARD OF ADJQSTMENT page 4 ~' MINIITES OF MEETING: July 24, 1997, Board Member ECHELMEYER was surprised that the applicant invested $50,000 into a new store without covering all bases, and Mr. Blanchard replied he did not think this would be such a big dilemma with just moving a short distance. Orville Freestone, 3775 Dudley Street, pastor of Abundant Grace Fellowship Church, was sworn in. He feels with the two churches and the alcoholic treatment center so close, that this request is contrary to the service of the community. -The posted notice was- not seen. Robert Blackwood, Secretary/Treasurer of Abundant Life Fellowship. Church, 7802 W. 90th Avenue, Westminster, variance and addedspoke against this because he feels a temporary traffic will both be problems. Greg Marquort, 4255 Yarrow Street, was sworn in. He spoke in favor of this request and has never known of any problems created there. He has known the applicant for years and feels this move was good for the survival of his family. Robert Gagnon, 4585 Yarrow Street, was sworn in. He also has known the applicant since he opened about four years ago, and stated he is a honest, upstanding and decent man. Mr. Gagnon is happy for his move. and in_favor of the request.. Bernice Merkl,_7175_ W. 34th Place, was sworn in. She voiced concerns against this because she feels the neighborhood has not changed in 20 years and this will affect the safety and welfare of the neighborhood. The semis coming in and off of Wadsworth cause traffic problems and are unhealthy. People park on 45th Avenue because there is not enough parking in Barkley Square. Discussion-- followed regarding the posting of signs. Robert Merkl, 7520 W. 46th Avenue, was sworn in_ He objected to City Council giving the liquor license to the applicant without checking the records. Mr. Merkl and family were-the original owners of the land, and when the property was sold,- the people of the neighborhood objected to certain businesses being there and their opinions should still be valid. The reason there were no objections .raised at the council meeting is because the posted signs could not be seen. Larry Merkl, 7175 W. 34th Place, was sworn in. Mr. Merkl is_ opposed to this because the applicant never applied for a business license transfer nor a sales tax license. Had the applicant done WHEAT RIDGE BOARD OF ADJfJSTMENT MINUTES OF MEETING: July 24, 1997 Page 5 these two things, the restrictions on the property would have been pointed out and then he could not have moved the business. Mr. Merkl pointed out that the restaurant_license is a separate class of liquor license. There is a lot of blame to go around on this, and some of it has to fall on the applicant. _ Board Member ABBOTT stated since council did allow the moving of_ this liquor business, and this TUP would allow council to take a look at and evaluate their_actions. However, Mr. Merkl feels some blame should fall on the leasing agent also. Mr.-Merkl.said during the liquor hearing itself, the city never checks the zoning on a property. That is done at a different step, and that is when they apply for their business and sales tax license. To say to the neighborhood, that everyone made a mistake and now they have to live with it is wrong also. When the TUP expires, the applicant would have the same problem if the zoning would be turned down by council. The best thing for the applicant to do is look at moving the business. He feels this was not a simple transfer, it was moved from one side of Wadsworth that is a busy commercial intersection to .two blocks down and in a. residential neighborhood. Discussion followed. - Dave Irey, Vice president_of Dunton Realty and agent for Barkley Square, was sworn in. Dunton Realty manages and leases 48 commercial strip centers in the Denver area, and almost all of them have a packaged .liquor store. The deed restrictions on this center were put on more than 20 years ago and most of them do not make any sense and don't apply because they would not fit on the property anyway. They have a clause in their lease that leaves checking out the zoning and licensing up to the tenant. Board Member ECHELMEYER wanted to know if these properties have similar zoning, and Mr. Irey said each city has different zoning.. with their own.restrictions_. He was not aware of the exclusion of liquor stores when he signed the .lease. Sheryl Hunt, 7450 W. 45th Place, was-sworn in. She walks the area a lot and said the parking lot is always full. Their block is only 6 houses long and the semis go up and down and do create a traffic problem. She has small children and is concerned for their safety. This is the wrong area for a liquor store, and she feels the applicant needs to know it is not wanted there. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 24, 1997 Page 6 No further questions were asked._ Motion was made by Board Member ABBOTT, that Case No. TUP-97-4, an application by Keith Blanchard, be APPROVED for the following reasons: _-- 1. City Council has previously approved the relocation-of the liquor license . _ ___ 2. The real estate firm testified that they made no attempt to check for appropriate zoning. 3. Due to the prior approval of liquor license.by city council, there are substantial financial impacts for the owner. IN RECOGNITION OF THE.-FOLLOWING: 1. A significant number of individuals and organizations spoke or submitted in writing opposition of this request. 2. The property is located in a long .existing Planned Commercial Development district whose restrictions have previously been agreed upon. - 3. The location directly abuts residential zoning and is approximal to an alcohol rehabilitation facility. 4. This motion in no way implicates the Board's acceptance of the specific arguments offered..._ WITH THE FOLLOWING_CONDLZiON: 1. The Temporary Use Permit shall run for 60 days. Motion was seconded by Board Member WALKER.' Board Member THIESSEN stated she would be voting no because this is not an appropriate purpose in the PCD. The arguments of the neighborhood were.. much more compelling. Board. Member JUNKER will be voting against ,this because she-feels the citizens have a right to say what goes_on in their neighborhood. Discussion on the 60 day time frame and_the intent for council to move promptly. Mr. McCartney said 60 days may not be a proper time frame .for all that is required to'go before Planning Commission (posting, publication, neighborhood meetings, agenda placement, etc), _If all goes well, the time frame would be more like a solid six months just for a decision. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 24, 1997 Page ~ Board Member ABBOTT motioned to change the Temporary Use Permit to be for six months. Bnard Member WALKER agreed .__ Member ECHELMEYER will also be voting no because there have been mistakes made and he sees,no reason for the board to continue with the mistakes. Motion fails 2-5 with Board Members ECHELMEYER, HOWARD, JUNKER, MAURO, and THIESSEN voting no. _. Resolution attached. CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution .was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 24th day of >>v 1997. CASE NO: TUP-97-4 APPLICANT'S NAME: Keith Blanchard LOCATION: 4550 Wadsworth Boulevard Unit F Upon motion by Board Member ABBOTT seconded by Board Member WALKER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. T[~97`4 _ _-.. _ is an appeal to this-Board from the decision of_an Administrative Officer;- and f WHEREAS, the property has been posted the required 15 days by law and there WERE protests registered against it; and WHEREAS, the- relief applied for MAY be granted without detriment to the-public welfare-and without substantially impairing the intent and purpose of .the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment _ Application Case No. TUP-97-4 be and hereby is_APPROVED__ TYPE OF VARIANCE: Temporary Use Permit to allow packaged liquor sales FOR THE FOLLOWING REASONS: 1. City Council has previously approved the relocation of the_ liquor license. 2. The real estate firm testified that they made no attempt to check for appropriate zoning: _ _ 3. Due to the prior approval of liquor license by city council, there are substantial financial impacts for the owner. , Case No. TUP-97-4/Resolution ,_ Page 2 IN RECOGNITION OF THE FOLLOWING: 1. A significant number of individuals and organizations spoke or submitted in writing opposition of this request. 2. The property is located in a long existing Planned Commercial Development district whose restrictions have previously been agreed upon. 3. -The location directly abuts residential zoning and is approximal to an alcohol rehabilitation facility.. 4. This motion in no-way implicates. the Board's acceptance of the specific arguments offered._ WITH THE FOLLOWING CONDISION: 1. The Temporary Use Permit shall run for 60 days. VOTE: YES: Abbott and Walker NO: Echelmeyer, Howard, Junker, Mauro, and Junker DISPOSITION: MOTION FAILED 2-5. TEMPORARY IISE PERMIT DENIED. DATED this 24th-day of July, ~~ ~~/// INDA MAIIR Vice Chairman Board of Adjustment 1997. ~ ~ g,-_ _. _ .- Mary L u Chapla, Secretary Board of Adjustment ~ ~. ~ ~ ' ~ ~ ~ n 5 i D G -4 e { 1` F P cl"t Z~~ 'rte c~'W ` Z ' ~ ~ ((~(( t~ ~ ~ ~ ~ ~ ~~ ~ U 7 ~ ~ ~ ~ ` N ~ ~ ~ N 4 l